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Home My WebLink About1980-01-14 (Special) Meeting Agenda-• • • City Council Meeting -Special January 14, 1980 0 - • • • • • • CITY COUNCIL MEETING January 14, 1 980 ORDINANCE #1, 2, 3, 4, 5, RESOLUTION # 1, 2, 3, 4, 5, • 0 0 • I . - • • • • • SPECIAL MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO January 14, 1980 fa, The City Council of the City of Englewood., Arapahoe County, Colorado , met in special session on January 14, 1980, at 7 :30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Thomas Fitzpatrick. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent : None. The Mayor declared a quorum present. * * * * * ~ Also present wer e: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Johannisson Deputy City Clerk Watkins * * * * * * Mayor Otis stated the purpose of the meeting was to hold a public hearing to consider a beer and wine license appli- cation from Franz Humm el Delicatessen, Inc., 701 West Hampden Avenue; and a public hearing to consider a retail liquor store licens e application from KPL, Inc., to be located in the King Sooper building at 701 West Hampden Avenue. * * * * * * COUNCIL MEMBER NEAL MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER A BEER AND WINE LICENSE APPLICATION FROM FRANZ HUMMEL DELICATESSEN, INC., 701 WEST HAMPDEN AVENUE. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • - • • • January 14 , 1980 Page 2 Nays : None. • • • The Mayor declared the motion carried. City Manager McCown stated he was in receipt of a letter from Mr, John Criswell, attorney representing Mr. Hummel, request- ing postponement. Mr. John Criswell, Criswell & Patterson, 3780 South Broad- way, appeared before Council. Mr. Criswell stated his request was based on the fact that Mr. Hummel's mother had died necessitating that Mr. Hummel leave the country not to return until late January. Mr. Criswell requested postponement until the middle of February and acknowledged that it would be necessary to repost the premises with the new date. COUNCIL MEMBER BILO MOVED TO POSTPONE THE PUBLIC HEARING ON THE BEER AND WINE LICENSE APPLICATION FROM FRANZ HUMMEL DELICA- TESSEN, INC., 701 WEST HAMPDEN AVENUE, UNTIL FEBRUARY 25, 1980, AT 7 :30P.M. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER NEAL MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None • The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO OPEN THE PUBLIC HEAR- ING TO CONSIDER A RETAIL LIQUOR STORE LICENSE APPLICATION FROM KPL, INC., TO BE LOCATED IN THE KING SOOPER BUILDING AT 701 WEST HAMPDEN AVENUE. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • • - • • • • • January 14, 1980 Page 3 Nays: None. The Mayor declared the motion carried. Mayor Otis stated the groundrules outlined under 1-7-7 through 1-7-10 of the 1969 Englewood Municipal Code were the ones to which the hearing would be adhered. Deputy City Clerk Johannisson appeared before Council and under oath presented the application file for KPL, Inc. which contained the following: 1. State of Colorado Form DRL404 2. Notice of Public Hearing published in the Englewood Sentinel on December 12, 1979 3. Letter required under the Colorado Liquor Code to the applicant sent on January 7, 1980 4. Personal histories of the corporate officers and the major stockholders 5. Letters of reference for the corporate officers and the major stockholders 6. Corporate documents which include the certificate of incorporation showing that KPL, Inc., is author- ized to do business in the State of Colorado, the articles of incorporation and the minutes of the corporate meeting electing the officers 7. 8. 9. 10. 11. 12. Samples of stock certificate Lease for the building showing that they have right of occupancy Plan of the building showing the layout of the pre-mises Letter from Community Development Department stat- ing that the proposed use falls within the zoning use Financial affidavit from the applicant A map showing the two mile radius which was establish- ed by City Council defining the neighborhood. The red line shows the proposed location at 701 West • I • - • • • January 14, 1980 Page 4 • • • Hampden Avenue. The blue arrows show the retail liquor stores which are in the neighborhood. 13. A report from Oedipus, Inc. and the petitions which were submitted by Oedipus, Inc., showing the results of the survey of the neighborhood which they com- pleted. Deputy City Clerk Johannisson stated the application file would be shown as City Exhibit A; the report from Oedipus, Inc., as City Exhibit B; and the petitions from Oedipus, Inc., as City Exhibit C (1) through (5). Mr. John Criswell, Criswell & Patterson, 3780 South Broadway, appeared before Council and questioned Mr. Johannisson whether or not he was able to obtain original dates of applica- tion for four liquor stores in the immediate area. Mr. Johannisson stated he had not been able to obtain the dates. Mr. Alan Dill, Home & Dill, attorney representing Mr. Ron Parness owner of Glass Bottle Liquors a protestant in the mat- ter, appeared before Council and questioned Mr. Johannisson whether or not any preliminary reports or recommendations were tendered to the Council by any City agency or City employee prior to the hear- ing. Mr. Johannisson stated to the best of his knowledge there were none. Mr. Max Scott, Oedipus, Inc., 1200 Pearl, Boulder, Colorado, appeared before Council and presented testimony re- lating to his survey and its results in the matter of the liquor license application for KPL, Inc. Mr. Scott stated he was under contract with the City of Englewood to conduct a unbiased survey for the purposes of determining what the needs and desires of the defined neighborhood were in regard to the subject liquor license application. Mr. Scott stated the results show 55.71% of the people contacted indicated the needs were not being met, and 44.29% of the people contacted indicated the needs were being met. In response to Mr. Criswell's questions, Mr. Scott stated he limited his survey to residents living or maintaining businesses in the area which were the terms of his contract with the City; and it was possible these people were also patrons of the center. In response to Mr. Dill's questions, Mr. Scott pointed out to Council the areas that were closest to the location indicating a low degree of acceptance for the application • Mr. Criswell objected to the questioning of Mr. Scott from Mr. Dill regarding the degree of acceptance as well as the acceptance factors of other licenses for which Mr. Scott had per- formed surveys. Mr. Criswell stated the main concern was sub- ject application • I • - • • January 14, 1980 Page 5 • • • COUNCI L MEMBER FITZPATRICK MOVED TO ALLOW MR. DILL TO FURTHER QUESTION MR. SCOTT ON THE DEGREE OF ACCEPTANCE OF THIS APPLICATION. Council Hember Higday seconded the motion. Upon a call of the roll, the vote r esul ted as follows: Ayes : Nays : Coun cil Members Hi g day, Neal, Fitzpatrick, Ke e na, Bilo, Bradshaw, Otis. None. Th e Mayor declared the motion carried. Mr. Di ll asked Mr. Scott if this particular petition circulating effort reflected the lowest degree of acceptance that he has had in the last year in the City of Englewood. Mr. Scott responded in th e affirmative, adding the r e sults were very con- servative. Mr. Scott stated the results are the lowest he has had from the applicant's standpoint. Mayor Otis asked for the applicant's presentation. Mr. John Criswell, 3730 South Broadway, attorney for KPL, Inc., appeared before Council. Mr. Criswell discussed the factors outlined in the liquor code for and under which Council can determine the approval or denial of a liquor license appli- cation. Those being the reasonable requirements of the neigh- borhood (needs), the desires of the inhabitants of the neigh- borhood and any other pertinent information affecting the quali- fications of the ap plicant. Mr. Criswell submitted Applicant's Exhibit I -Notice of Posting; Applicant's Exhibit II -Lease Agreement, and Appli- cant's Exhibit III -Layout of Premises. Mr. Criswe ll called Mr. Bill Alpert to testify. Mr. Bill Alpert, 65 West 55th Street, New York, New York, appeared be f ore Council. Under direct questioning from Mr . Criswell, Mr. Alpert testified he was an attorney practic- ing in New York, one of the owners of Cind erella City, and gave general background of his ownership, Capital Alliance. Mr. Alpert also provided testimony on his business association with Mr. Arnold Kimmel, the applicant. Mr. Alpert stated he felt there was a need at the center to provide services to shopping for food as we l l as liquor. Under cross-examination from Mr. Dill, Mr. Alpert stated Mr. Kimmel woul d probably operate and set policy for the store through a hired manager, but remain in New York • I • - • • • January 14, 1980 Page 6 • • • Mr. Criswell called Mr. Artzberger to testify. Mr. James Artzberger, 6552 South Vann, Jefferson County, Manager of Cinderella City, appeared before Council. Under direct questioning from Mr. Criswell, Mr. Artzberger provided testimony on his business background and began to present general character- istics of the center, its activity, market area, and description of neighborhood location. Mr. Dill objected to the testimony concerning the de- scription of the neighborhood and market on the basis the informa- tion was irrelevant. COUNCIL MEMBER KEENA MOVED TO ALLOW TESTIMONY FROM MR. ARTZBERGER CONCERNING THE MARKET AREA. Council Member Bilo sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mr. Artzberger continued his testimony describing the market area of Cinderella City as being about 15 miles serving approximately 400,000 -450,000 people. Mr. Artzberger stated the management was trying to give the center a "one-stop shop- ping" concept since it already had multiple services; and it was unusual for a center its size not to have a liquor store. Mr. Criswell submitted Applicant's Exhibit IV -survey of various shopping centers in the Denver metropolitan area to determine whether or not there existed liquor stores in these centers. Mr. Dill objected to the exhibit on the basis that the area for consideration was not the major metropolitan area rather it was the designated neighborhood and the exhibit was immaterial. COUNCIL MEMBER HIGDAY MOVED TO DISALLOW THE QUESTIONING AS IT RELATED TO OTHER SHOPPING CENTERS. Council Member Bilo sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Bradshaw. Council Members Keena, Bilo, Otis. • I • • - • • • January 14, 1980 Page 7 • • • The Mayor declared the motion carried. Mr. Criswell submitted Applicant's Exhibit XVII - a map of present store locations. Under further direct question- ing from Mr. Criswell, Mr. Artzberger stated these stores did not presently meet the needs of the resident and non-residents of the shopping center because they were difficult to get to. The applicant's location would be in Cinderella City and would be easy to frequent by their customers who shop at the center. Mr. Dill objected to Mr.Artzberger's use of reference to "their customers" as though he were speaking on their behalf. Mr. Dill stated such testimony was hearsay and it concerned pa- trons of the center. Mr. Dill asked the Council to disregard it. Mr. Criswell stated by the fact that some of the wit- nesses were residents and/or managers of businesses in the area, they had the right to express what the needs of the neighbor-hood were. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE TESTI- MONY AND WEIGH IT ACCORDINGLY WHEN THE DECISION WAS TO BE MADE. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Non e . The Mayor declared the motion carried. Mr. Art z berger continued his testimony concerning market assessment of the center stating management planned to stock every possible category of goods at the center in order to provide the "one-stop shopping" concept. Under cross-examination from Mr. Dill, Mr. Artzberger stated he had had no difficulty in purchasing liquor in any of the stores in the neighborhood in which he had been. Mayor Otis declared a recess at 9:35 p.m. The Council r e convened at 9 :50p.m. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent : None. • I • - • • • January 14, 1980 Page 8 • • • Mayor Otis declared a quorum present. Mr. Dill noted there were many people in attendance who were protesting the application and who were unrepresented in the case. Mr. Dill offered to defer his protestant's case until these people could appear before Council and be heard. Mr. Criswe ll stated he had no objections once he finished the applicant's presentation. COUNCIL MEMBER FITZPATRICK MOVED TO FOLLOW THE PRO- CEDURE AGREED UPON BY THE ATTORNEYS. Council Member Keena sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo , Bradshaw, Otis. None. The Mayor declared the motion carried. Mr. Criswell called Mr. Jay Gould to testify. Mr. Jay Gould, Manager of Joslins store at Cinderella City, appeared before Council. Under direct questioning from Mr. Criswell, Mr. Gould testified that he was president of the mer- chant association at the center and the association was in favor of the liquor license for KPL, Inc. being granted. Mr. Dill objected to Mr. Gould's testimony on the basis that the merchant association was not an interested party. Mr. Criswell stated Mr. Gould was a petition circulator that was aware of the views expressed by other persons who were owners or managers of stores in the neighborhood. Mr. Dill stated it was improper that the association express needs of the neighborhood; however, if Mr. Gould circu- lated a petition among them then it was not improper and he would not object to submission of the results of the petitions • City Attorney Berardini advise Council that a presi- dent of an association was very much like a petition cirulator in what the managers and business owners of the center were say-ing. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE TESTIMONY FROM MR. JAY GOULD AS PRESIDENT OF THE MERCHANTS ASSOCIATION. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council ~embers Hi£dav,0 Neal, Fitzpatrick, Keena, 8110, Bradsna~. t1s • I • - • • • • • • January 14, 1980 Page 9 Nays: None. The Mayor declared the motion carried. Mr. Criswell stated Mr. Gould's testimony on the favor- able position for the issuance of the license had been noted. Under cross-examination f rom Mr . Dill, Mr. Gould stated he had not had any difficulty purchasing liquor in any of the surrounding liquor stores in which he had been . Council gave Mr. Gould permission to leave the hearing. Mr. Criswell called Mr. Lee Morrison to testify. Mr. Lee Morrison, 65 Tejon, Denver, appeared before Council. Under direct questioning, Mr. Morrison testified that he was the Market Anaysis representing King Soopers, that King Soopers had taken a neutral position in the matter, and if the license was granted and they were not able to get the space it would have no bearing on whether or not they remained. Mr. Criswell stated he had contracted two petition circulators. One was Dee Richardson, who petitioned business owners or operators primarily of Cinderella City, residents within the area who were patronizing Cinderella City, and pa- trons of Cinderella City but were not residents of the area. The results were compiled in two reports -one in October and one done afterwards. The other circulator was Investigative Services, Inc. who circulated petitions -residents and patrons prior to October hearing. Mr. Criswell submitted the following items as evidence: l. Applicant's Exhibit VI -the original October report 2. Applicant's Exhibit VII -petition of business owners 3. Applicant's Exhibit VIII -October petition of residents 4. Applicant's Exhibit IX -October petition of non-resi- dent patrons 5. Applicant's Exhibit X -Ms. Richardson's report on the post-October circulation 6. Applicant's Exhibit XI -post October petition of re- sidents 7. Applicant's Exhibit XII -post Octob er petition of non- resident patrons 8. Applicant's Exhibit XIII -report from Investigative Services, Inc. 9. Applicant's Exhibit XIV -residents petition from In- vcstigative Services, Inc • • I • • - • • • • • • January 14, 1980 Page 10 10. Applicant's Exhibit XV -patrons petition from In- vestigative Services, Inc. ll. Applicant's Exhibit XVI -results from Mr. Criswell. Mr. Dill received copies of the summary sheet and waived the necessity of any legal foundation with respect as to whether or not Council should consider patrons and reserved argum e nt. Mr. Criswell dismissed the circulators. Mr. Criswell called Mr. Arnold Kimm e l, the applicant, to testify. Mr. Arnold Kimmel, 65 W. 55th Street, New York, New York, appeared before Council. Under direct questioning from Mr. Criswell, Mr. Kimmel gave testimony regarding his business background, reasons why he was applying for a liquor license, and general information concerning proposed plans in operating the store. Mr. Kimmel presented samples of the proposed ex- terior and interior design of the store, the proposed types of materials to be used, and a ceiling-view drawing of the floor plan. Mr. Kimmel stated he would remain in Denver until he hired a manager for the store who would then manage it on a day to day basis. Under cross-examination from Mr. Dill, Mr. Kimmel stated he did not have any direct or indirect connection with a liquor store; however, he was involved in fast food and restaurant es- tablishments that sold beer and wine, and liquor by the drink. Mr. Kimmel stated of those liquor stores which he visited when he was in Englewood several months ago, he did not observe any- one having difficulty purchasing liquor. Mr. Kimmel stated he had no knowledge as whether or not the stores presently met the needs of the people. Under cross-examination from Mr. Richard Burrman, associ- ate of Mr. Dill's, and attorney representing a protestant, Mr. Kimmel stated he was aware that there was no provision or condi- tion in the lease for termination in the event he did not obtain the license. Mr. Kimmel stated he had no other plans at the pre- sent time even though it was his full responsibility to do with the space as he chose. , In response to Council Member's Fitzpatrick's question, Mr. Kimmel stated he would be visiting the store as often as neces- sary and that the manager would report to him in a regular basis. time • Mr. Criswell stated he had no further witnesses at this I • • - • • January 14, 1980 Page 11 • • • Mayor Otis asked if anyone in the audience wished to speak in favor of the liquor license application. Mr. Bob Schup, 1270 Eudora, Denv e r, appeared before Council and beg an to giv e testimony as a patron of the center. Mr. Dill objected to the testimony in that Mr. Schup was not a r esi dent or bus i ness manager in Englewood. COUNCIL MEMBER HIGDAY MOVED TO DISALLOW THE TESTIMONY. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Bradshaw, Otis. Council Members Keena, Bilo. The Mayor declar e d the motion carried. Kip Baker, 7184 West Waldon Drive, Littleton, assistant manager of La Rondevous Cafe in Cinderella City, appeared before Council and began to give testimony in favor of the application. Mr. Dill objected to Mr. Baker's testimony on the basis that he was the assistant manager and not the manager which would be disallowed testimony under the statute. COUNCIL MEMBER HIGDAY MOVED TO ALLOW TESTIMONY FROM MR. BAKER. Council Member Bilo seconded the motion. Upon a call of the roll, the vote r e sulted as follows: Ayes : Nays : Council Member Neal. Council Members Higday, Fitzpatrick, Keena, Bradshaw, Bilo, Otis. Th e Mayor d e clared the motion de f eated. Mr. William Meyers, 3860 South Bannock, employee for Cind e rella City, appear e d before Council and offered testimony in favor of the application. Mr. Dill object e d to Mr. Meyers's testimony after cross-examination on the grounds that Mr. Meyers's testimony related to the economic well-being of the center and such a factor can not be tested at this hearing • • I • - • • • January 14, 1980 Page 12 • • • COUNCIL MEMBER BILO MOVED TO ACCEPT THE TESTIMONY OF MR. MEYERS. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Neal, Fitzpatrick, Keena. Council Members Higday, Bilo, Bradshaw, Otis. The Mayor declared the motion de~eated. There were no other people wishing to speak in favor of the application. Mayor Otis asked if there was anyone wishing to speak against the application. Deputy Clerk Watkins stated the City Clerk's office was in receipt of a letter from James H. Lucero in opposition. Mr. Criswell objected to entering the letter into evi- dence because the letter was written on the presumption that King Soopers would leave if the license was granted and testimony prov- ed this not to be the case. COUNCIL MEMBER NEAL MOVED THAT MR. LUCERO'S LETTER BE STRICKEN FROM THE RECORD. Council Member Keena seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mr. Dill, in accordance with previously agreed upon for- mat, deferred presentation of his case until the unrepresented citizens had been heard. Mr. Dill asked the group to appoint a spokesperson for the purpose of relaying to Council their opposition. In addition, Mr. Dill asked for those people in opposition to stand. Approximately 30 people stood up. Mr. Burrman, attorney representing a citizen in pro- test, called his client to appear first. Mr. Frank Coberly, 3835 South Grant, appeared before Council and provided testimony under the direct questioning of • I • - ' • • • January 14, 1980 Page 13 • • • Mr. Burrman in opposition to the liquor license on the basis there wer e enoug h liquor outlets in the ar e a at the present time. Under cross-e xamination from Mr. Criswe ll, Mr. Coberly stated he had pr e viously worked for Glass Bottle Liquors but was appearing on his own behalf in this matter. Mr. Wayne Burg e t, 4108 South Inca, appeared before Coun- cil and gave t e stimony against the application on the grounds that Englewood did not need a nother liquor store for bottled liquors. Mr. Burget stated he had not experienced any difficulty in purchas- ing liquor in stores presently located in the surrounding area. Mr. Ed Cordova, 3382 South Florence Court, Denver, owner of Flash Tailor Formals, 3424 South Broadway, appeared before Coun- cil and gave testimony against the application. Mr. Cordova stated he had previously owned a liquor store. Mr. Cordova stated there was an adequate supply of liquor stores and some have gone bank- rupt. Mr. Cordova stated he was member of the Chamber of Commerce task force attempting to revitalize downtown Englewood; and the proposed new liquor store would negate their efforts by drawing more people to Cinderella City. Mr. Cordova stated he had not experienced any difficulty in purchasing liquor in stores pre-sently located in the surrounding area. Under cross-examination from Mr. Criswell, Mr. Cordova stated the stores that went bankrupt were Cherrelyn Drug Store and Drug Fair and he did not know if the bankruptcy was directly related to liquor sales. Mrs. Isabella Knight, 3021 South Lincoln, appeared be- fore Council and gave testimony in opposition to the application. Mrs. Knight stated there were enough liquor stores in Englewood and she felt "one-stop shopping" would not work because she would drive her car from proposed location over to the center to finish her shopping. Mrs. Knight stated she had not experienced any dif- ficulty in purchasing liquor in stores presently located in t h e sur-rounding area. Ms. De e Ph e lps , 4500 South Cherok e e, appeared before Council and g a v e testimon y a ga i nst the application on the ground s that a l a rge liquor store would put the small store s out of busi- n e ss. Ms. Ph e lp s stated sh e had not e xp e rienced any di f ficulty in purchasing liquor in s t or e s presently located in th e surround-ing a r e a. Mr. Le o We d l ow, 4 166 South Sherman, a ppear e d before Counc i l and g a ve t e stimony against the application on the bas i s th e r e we r e enough liquor stores in Englewood at the present time . Mr. Wedlow sta t e d h e had not experienced any difficulty in purchas- ing l i quor in stor e s pres e ntly located in the surrounding are a • • I • - • • • January 14, 1980 Page 14 • • • Mrs. Beverlee Howe, 3255 South Delaware, appeared before Council and gave testimony against the application on the grounds there were enough liquor stores in Englewood at the present time. Ms. Howe stated she had not experienced any difficulty in purchas- ing liquor in any of the surrounding liquor outlets. Mr. Wayne Burget, 4108 South Inca, appeared before Council again and stated he would like to see King Soopers ex-pand its present facilities. Mrs. Sheila Gamble, employee of Glass Bottle Liquors, appeared before Council and gave testimony against the appli- cation. Mrs. Gamble stated a liquor store should not be next to a grocery store because of the type of clientele that shop at a liquor store. Council Member Keena discussed striking Ms. Gamble's testmony on the same grounds (type of employment) as was Mr. Meyers's given earlier and subsequently striken. However, Ms. Keena recognized that Ms. Gamble addressed pertinent issues whereas Mr. Meyers's did not and that was why his (Mr. Meyers's) testimony was striken. The following protestants were administered the oath collectively by the Deputy Clerk and came before Council to give their names and addresses to go on record in protest of the appli-cation: SIGNED OWNER/ WRITTEN NAME ADD RES~ RESIDENT PETITION ----Betty Acker 3140 s. Delaware Resident Unknown Paul Wertz 3428 s. Corona Resident Unknown Merle Koon 3434 s. Broadway Owner Unknown Judy Coberly 3835 s. Hazel Ct. Resident Yes c. Wakefield 3100 s. Delaware Resident No Tim Wakefield 3100 s. Delaware Resident No Lela Jamieson 3202 s. Cherokee Resident No Mrs.M.Summers 3140 s. Delaware Resident Yes Ruddy Tisch 7032 s. Franklin, Litt. Owner Yes Anita Tisch 7032 s. Franklin, Litt. Owner Unknown Ivan Deal 3353 s. Santa Fe Owner Yes Richard Potts 4480 s. Washington Resident Yes K. Wooderstrom 3850 s. Sherman Resident No Frank DeHoff 3195 s. Delaware Resident No P. Cordova 3424 s. Broadway Owner Yes Joe Blusha 135 E. Harvard, Den. Resident No Debbie Blusha 135 E. Harvard, Den. Resident No (Residence for Blushas is within designated neighborhood) • I • - r \ • • January 14, 1980 Page 15 NAME ADDRESS ----- K. Green 3275 s. Amelia Lopez 3265 s. Manual Lopez 3265 s. Vern Dodson 3262 s. Glen Dodson 3262 s. Pat Trujillo 4752 s. Elmer Bwnquest 2895 s. • • • Delaware Delaware Delaware Delaware Delaware Logan Broadway OWNER/ RESIDENT Resident Resident Resident Resident Resident Resident Owner SIGNED WRITTEN PETITION ----- No No No Unknown Unknown Yes Unknown In response to questioning from Mr. Dill, each protestant stated he or she had not experienced any difficulty in purchasing liquor in any of the surrounding outlets. Mr. Dill presented his client's case in protest of the application. Mr. Dill submitted petitions -Protestant's Exhibit A-containing approximately 3,100 signatures against the appli- cation. In response to Mr. Criswell's question, Mr. Dill did not deny some of the signatures may be non-residents. Mayor Otis declared a recess at 12 :05 a.m. The Council reconvened at 12:15 a.m. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. Mr. Dill called Mr. Robert Mcintyre to testify. Mr. Robert Mcintyre, 3140 S. Dahlia, owner of Old Town Liquors, appeared before Council. Under direct questioning from Mr. Dill, Mr. Mcintyre gave testimony in that he stated there was an adequate number of liquor stores in Englewood at the present time. Mr. Mcintyre went on further to state he knew of no substantial growth in the area to require another packaged liquor store, there- fore the needs were being met and did not desire to see the license granted. Mr. Mcintyre added the proposed liquor store would en- hance competition and result in loss of revenue for the smaller stores. Under cross-examination from Mr. Criswell, Mr. Mcintyre stated his customers came from different areas and not just Engle- wood alone. Also, he did not know what effect the proposed liquor store would have on his business alone • I • - • • • • • January 14, 1980 Page 16 In response to City Attorney Be rard i n i's question, Mr. Mcintyre stated the relocation of his store, Old Town Liquors, to South Downing and Hampden would be in the two mile radius of what was the designated neighborhood. Mr. Dill called Mr. Ron Parness to testify. Mr. Ron Parness, owner of Glass Bottle Liquors, 336 W. Hampden, appeared before Council. Under direct questioning from Mr. Dill, Mr. Parness gave testimony that Glass Bottle Liquors had been established in Englewood for over 20 years and moved to its present location in 1968. Mr. Parness stated he was planning to expand his business by moving to a different location. Mr. Parness stated he had no difficulty in purchasing liquor in other outlets and there had been no substantial growth in the area to justify another liquor store. Mr. Parness stated he did not de-sire the license to be granted. Mr. Dill submitted Protestant Exhibit B -a map of the area and surrounding liquor outlets. Under cross-examination from Mr. Criswell, Mr. Parness agreed that the proposed location for the applicant was ideal; however, he felt there were too many outlets in the area at the present time. side. There was no further testimony to be given by either Council Member Neal asked City Attorney Berardini to provide case law on whether or not the liquor licensing authority can consider competition as a factor in determining the approval or denial of a liquor license. Mr. Criswell gave closing remarks. Mr. Criswell requested that Council consider the criteria he presented earlier -needs and desires of the neighborhood. Also, to consider the needs of the people who shop at Cinderella City but may not be residents of City. The existing outlets have already established clientele. Mr. Criswell concluded that the proposed store would not provide that much competi-tion for the smaller stores. Mr. Dill gave closing remarks. Mr. Dill stated the peti- tions reflect 3 to 1 against and he urged Council not to consider the petitions of patrons. Mr. Dill stated he had proven there were enough liquor stores in the area and that no one had had difficulty purchasing packaged liquors. Mr. Dill concluded the needs and desires of the neighborhood were presently being met and requested that Council deny the license • • I • - ' • • • January 14, 1980 Page 17 30 days. Mayor Otis stated Council would make a decision within COUNCIL MEMBER HIGDAY MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: 1:10 a.m. Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER FITZPATRICK MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at I • • - • • (_ " • SPECIAL MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO January 14, 1980 I~ The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on January 14, 1980, at 7 :30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Thomas Fitzpatrick. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * ~ Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Johannisson Deputy City Clerk Watkins **~<i<** Mayor Otis stated the purpose of the meeting was to hold a public hearing to consider a beer and wine license appli- cation from Fran z Hummel Delicatessen, Inc., 701 West Hampden Avenue; and a public hearing to consider a retail liquor store license application from KPL, Inc., to be located in the King Sooper building at 701 West Hampden Avenue • * * * * * * COUNCIL MEMBER NEAL MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER A BEER AND WINE LICENSE APPLICATION FROM FRANZ HUMMEL DELICATESSEN, INC., 701 WEST HAMPDEN AVENUE. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis, • I • - • • • January 14, 1980 Page 2 Nays : None. • • • The Mayor dec l ared the motion carried. City Manager t-lcCown stated he was in receipt of a letter from Mr. John Criswell, attorney representing Mr. Hummel, request-ing postponement. Mr. John Criswell, Criswell & Patterson, 3780 South Broad- way, appeared before Council. Mr. Criswell stated his request was based on the fact that Mr. Hummel's mother had died necessitating that Mr. Hummel leave the country not to return until late January. Mr. Criswell requested postponement until the middle of February and acknowledged that it would be necessary to repost the premises with the new date. COUNCIL MEMBER BILO MOVED TO POSTPONE THE PUBLIC HEARING ON THE BEER AND WINE LICENSE APPLICATION FROM FRANZ HUMMEL DELICA- TESSEN , INC., 701 WEST HAMPDEN AVENUE , UNTIL FEBRUARY 25, 1980, AT 7 :30 P.M. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER NEAL MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays : None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO OPEN THE PUBLIC HEAR- ING TO CONSIDER A RETAIL LIQUOR STORE LICENSE APPLICATION FROM KPL, INC., TO BE LOCATED IN THE KING SOOPER BUILDING AT 701 WEST HAMPDEN AVENUE. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • - ( c • • • January 14, 1980 Page 3 Nays : None. The Mayor declared the motion carried. Mayor Otis stat e d the groundrules outlined under l-7-7 through l-7-10 of the 1969 Englewood Municipal Code were the on e s to which the hearing would be adhered. Deputy City Clerk Johannisson appeared before Council and under oath presented the application file for KPL, Inc. which contained the following: l. State of Colorado Form DRL404 2. Notice of Public Hearing published in the Englewood Sentinel on December 12, 1979 3. Letter r e quired under the Colorado Liquor Code to the applicant sent on January 7, 1980 4. Personal histories of the corporate officers and the major stockholders 5. Letters of reference for the corporate officers and the major stockholders 6. Corporate documents which include the certificate of incorporation showing that KPL, Inc. , is author- ized to do business in the State of Colorado, the articles of incorporation and the minutes of the corporat e meeting electing the officers 7. Samples of stock certificate 8. 9. 10. ll. 12. Leas e for the building showing that they have right of occupancy Plan of the building showine the layout of the pre-mises Letter from Community Dev elopment Department stat- ing that the proposed use falls within the zoning use Financial affidavit fro m the applicant A map showing the two mil e radius which was establish- ed by City Council defining the neighborhood. The r e d line shows the proposed location at 701 West I • - • • January 14, 1980 Page 4 • • • Hampden Avenue. The blue arrows show the retail liquor stores which are in the neighborhood. 13. A report from Oedipus, Inc. and the petitions which were submitted by Oedipus, Inc., showing the results of the survey of the neighborhood which they com-pleted. Deputy City Clerk Johannisson stated the application file would be shown as City Exhibit A; the report from Oedipus, Inc., as City Exhibit B; and the petitions from Oedipus, Inc., as City Exhibit C (l) through (5). Mr. John Criswell, Criswell & Patterson, 3780 South Broadway, appeared before Council and questioned Mr. Johannisson whether or not he was able to obtain original dates of applica- tion for four liquor stores in the immediate area. Mr. Johannisson stated he had not been able to obtain the dates. Mr. Alan Dill, Home & Dill, attorney representing Mr. Ron Parness owner of Glass Bottle Liquors a protestant in the mat- ter, appeared before Council and que·s tioned Mr. Johann is son whether or not any preliminary reports or recommendations were tendered to the Council by any City agency or City employee prior to the hear- ing. Mr. Johannisson stated to the best of his knowledge there were none. Mr. Max Scott, Oedipus, Inc., 1200 Pearl, Boulder, Colorado, appeared before Council and presented testimony re- lating to his survey and its results in the matter of the liquor license application for KPL, Inc. Mr. Scott stated he was under contract with the City of Englewood to conduct a unbiased survey for the purposes of determining what the needs and desires of the defined neighborhood were in regard to the subject liquor license application. Mr. Scott stated the results show 55.71% of the people contacted indicated the needs were not being met, and 44.29% of the people contacted indicated the needs were being met. In response to Mr. Criswell's questions, Mr. Scott stated he limited his survey to residents living or maintaining businesses in the area which were the terms of his contract with the City; and it was possible these people were also patrons of the center. In response to Mr. Dill's questions, Mr. Scott pointed out to Council the areas that were closest to the location indicating a low degree of acceptance for the application • Mr. Criswell objected to the questioning of Mr. Scott from Mr. Dill regarding the degree of acceptance as well as the acceptance factors of other licenses for which Mr. Scott had per- formed surveys. Mr. Criswell stated the main concern was sub-ject application. • I • - • • • January 14, 1980 Page 5 • • • COUNCIL MEMBER FITZPATRICK MOVED TO ALLOW MR. DILL TO FURTHER QUESTION MR. SCOTT ON THE DEGREE OF ACCEPTANCE OF THIS APPLICATION. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mr. Dill asked Mr. Scott if this particular petition circulating effort reflected the lowest degree of acceptance that he has had in the last year in the City of Englewood. Mr. Scott responded in the affirmative, adding the results were very con- servative. Mr. Scott stated the results are the lowest he has had from the applicant's standpoint. Mayor Otis asked for the applicant's presentation. Mr. John Criswell, 3780 South Broadway, attorney for KPL, Inc., appeared before Council. Mr. Criswell discussed the factors outlined in the liquor code for and under which Council can determine the approval or denial of a liquor license appli- cation. Those being the reasonable requirements of the neigh- borhood (needs), the desires of the inhabitants of the neigh- borhood and any other pertinent information affecting the quali-fications of th e applicant . Mr. Criswell submitted Applicant's Exhibit I -Notice of Posting; Applicant's Exhibit II -Lease Agreement, and Appli-cant's Exhibit III -Layout of Premises. Mr. Criswell called Mr. Bill Alpert to testify. Mr. Bill Alpert, 65 West 55th Street, New York, New York, appeared before Council. Under direct questioning from Mr. Criswell, Mr. Alpert testified he was an attorney practic- ing in New York , one of the owners of Cinderella City, and gave general background of his ownership, Capital Alliance. Mr. Alpert also provided testimony on his business association with Mr. Arnold Kimm el , the applicant . Mr. Alpert stated he felt there was a need at the center to provide services to shopping for food as well as liquor. Under cross-examination from Mr. Dill, Mr. Alpert stated Mr. Kimmel would probably operate and set policy for the store through a hired manager, but remain in New York • '· • I • - • • • January 14, 1980 Page 6 • • • Mr. Criswell called Mr. Artzberger to testify. Mr. James Artzberger, 6552 South Vann , Jefferson County, Manager of Cinderella City, appeared before Council. Under direct questioning from Mr. Criswell, Mr. Artzberger provided testimony on his business background and began to present general character- istics of the center, its activity, market area, and description of neighborhood location. Mr. Dill objected to the testimony concerning the de- scription of the neighborhood and market on the basis the informa- tion was irrelevant. COUNCIL MEMBER KEENA MOVED TO ALLOW TESTIMONY FROM MR. ARTZBERGER CONCERNING THE MARKET AREA. Council Member Bilo sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mr. Artzberger continued his testimony describing the market area of Cinderella City as being about 15 miles serving approximately 400,000 -450,000 people. Mr. Artzberger stated the management was trying to give the center a "one-stop shop- ping" concept since it already had multiple services; and it was unusual for a center its size not to have a liquor store. Mr. Criswell submitted Applicant's Exhibit IV -survey of various shopping centers in the Denver metropolitan area to determine whether or not there existed liquor stores in these centers. Mr. Dill objected to the exhibit on the basis that the area for consideration was not the major metropolitan area rather it was the designated neighborhood and the exhibit was immaterial. COUNCIL MEMBER HIGDAY MOVED TO DISALLOW .THE QUESTIONING AS IT RELATED TO OTHER SHOPPING CENTERS. Council Member Bilo sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Bradshaw. Council Members Keena, Bilo, Otis. I • - • • January 14, 1980 Page 7 • • • The Mayor declared the motion carried. Mr. Criswell submitted Applicant's Exhibit XVII - a map of present store locations. Under further direct question- ing from Mr. Criswell, Mr. Artzberger stated these stores did not presently meet the needs of the resident and non-residents of the shopping center because they were difficult to get to. The applicant's location would be in Cinderella City and would be easy to frequent by their customers who shop at the center. Mr. Dill objected to Mr.Artzbergcr's use of reference to "their customers" as though he were speaking on their behalf. Mr. Dill stated such testimony was hearsay and it concerned pa- trons of the center. Mr. Dill asked the Council to disregard it. Mr. Criswell stated by the fact that some of the wit- nesses were residents and/or managers of businesses in the area, they had the right to express what the needs of the neighbor- hood were. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE TESTI- MONY AND WEIGH IT ACCORDINGLY WHEN THE DECISION WAS TO BE MADE. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Hi6day, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mr. Artzberger continued his testimony concerning market assessment of the center stating management planned to stock every possible category of goods at the center in order to provide the "one-:;top shopping" concept. Under cross-examination from Mr. Dill, Mr. Artzberger stated he had had no difficulty in purchasing liquor in any of the stores in th e neighborhood in which he had been. Mayor Otis declared a recess at 9:35 p.m. The Council reconvened at 9:50 p.m. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent : None • • I • - • • • January 14, 1980 Page 8 • • • Mayor Otis declared a quorum present. Mr. Dill noted there were many people in attendance who were protesting the application and who were unrepresented in the case. Mr. Dill offered to defer his protestant's case until these people could appear before Council and be heard. Mr. Criswell stated he had no objections once he finished the applicant's presentation. COUNCIL MEMBER FITZPATRICK MOVED TO FOLLOW THE PRO- CEDURE AGREED UPON BY THE ATTORNEYS. Council Member Keena sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mr. Criswell called Mr. Jay Gould to testify. Mr. Jay Gould, Manager of Joslins store at Cinderella City, appeared before Council. Under direct questioning from Mr. Criswell, Mr. Gould testified that he was president of the mer- chant association at the center and the association was in favor of the liquor license for KPL, Inc. being granted. Mr. Dill objected to Mr. Gould's testimony on the basis that the merchant association was not an interested party. Mr. Criswell stated Mr. Gould was a petition circulator that was aware of the views expressed by other persons who were owners or managers of stores in the neighborhood. Mr. Dill stated it was improper that the association express needs of the neighborhood; however , if Mr. Gould circu- lated a petition among them then it was not improper and he would not object to submission of the results of the petitions • City Attorney Berardini advise Council that a presi- dent of an association was very much like a petition cirulator in what the managers and business owners of the center were say-ing. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE TESTIMONY FROM MR. JAY GOULD AS PRESIDENT OF THE MERCHANTS ASSOCIATION. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Hi2dav,0 Neal, Fitzpatrick, Keena, Bilo, Hradsnaw, t1s • • I • - • • • • • January 14, 1980 Page 9 Nays : None. Th e Mayor declared the motion carried. Mr. Criswell stated Mr. Gould's testimony on the favor- able position for the issuance of the license had been noted. Under cross-examination from Mr. Dill, Mr. Gould stated he had not had any difficulty purchasing liquor in any of the surrounding liquor stores in which he had been. Council gave Mr. Gould permission to leave the hearing. Mr. Criswell called Mr. Lee Morrison to testify. Mr. Lee Morrison, 65 Tejon, Denver, appeared before Council. Under direct questioning, Mr. Morrison testified that he was the Market Anaysis representing King Soopers, that King Soopers had taken a neutral position in the matter, and if the license was granted and they were not able to get the space it would have no bearing on whether or not they remained. Mr. Criswell stated he had contracted two petition circulators. One was Dee Richardson, who petitioned business owners or operators primarily of Cinderella City, residents within the area who were patronizing Cinderella City, and pa- trons of Cinderella City but were not residents of the area. The results were compiled in two reports -one in October and one done afterwards. The other circulator was Investigative Services, Inc. who circulated petitions -residents and patrons prior to Octob er hearing. Mr. Criswell submitted the following items as evidence: l. 2. 3. 4. 5. 6. 7. 8 • 9. Applicant's Exhibit VI-the original October report Applicant's Exhibit VII -petition of business owners Applicant's Exhibit VIII -October petition of residents Applicant's Exhibit IX-October petition of non-resi- dent patrons Applicant's Exhibit X -Ms. Richardson's report on the post-October circulation Applicant's Exhibit XI-post October petition of re- sidents Applicant's Exhibit XII -post October petition of non- resident patrons Applicant's Exhibit XIII -report from Investigative Services, Inc. Applicant's Exhibit XIV -residents petition from In- vestigative Services, Inc. • I • • - • • • • • January 14, 1980 Page 10 10. Applicant's Exhibit XV-patrons petition from In- vestigative Services, Inc. 11. Applicant's Exhibit XVI -results from Mr. Criswell. Mr. Dill received copies of the summary sheet and waived the necessity of any legal foundation with respect as to whether or not Council should consider patrons and reserved argument. Mr. Criswell dismissed the circulators. Mr. Criswell called Mr. Arnold Kimmel , the applicant, to testify. Mr. Arnold Kimmel, 65 W. 55th Street, New York, New York, appeared before Council. Under direct questioning from Mr. Criswell, Mr. Kimmel gave testimony regarding his business background, reasons why he was applying for a liquor license, and general information concerning proposed plans in operating the store. Mr. Kimmel presented samples of the proposed ex- terior and interior design of the store, the proposed types of materials to be used, and a ceiling-view drawing of the floor plan. Mr. Kimmel stated he would remain in Denver until he hired a manager for the store who would then manage it on a day to day basis. Under cross-examination from Mr. Dill, Mr. Kimmel stated he did not have any direct or indirect connection with a liquor store; however, he was involved in fast food and restaurant es- tablishments that sold beer and wine, and liquor by the drink. Mr. Kimmel stated of those liquor stores which he visited when he was in Englewood several months ago, he did not observe any- one having difficulty purchasing liquor. Mr. Kimmel stated he had no knowledge as whether or not the stores presently met the needs of the people. Under cross-examination from Mr. Richard Burrman, associ- ate of Mr. Dill's, and attorney representing a protestant, Mr. Kimmel stated he was aware that there was no provision or condi- tion in the lease for termination in the event he did not obtain the license. Mr. Kimmel stated he had no other plans at the pre- sent time even though it was his full responsibility to do with the space as he chose. In response to Council Member's Fitzpatrick's question, Mr. Kimmel stated he would be visiting the store as often as neces- sary and that the manager would report to him in a regular basis. Mr. Criswell stated he had no further witnesses at this time. • I • - January 14, 1980 Page 11 • • • Mayor Otis asked if anyone in the audience wished to speak in favor of th e liquor license application. Mr. Bob Schup, 1270 Eudora, Denver, appeared before Council and began to give testimony as a patron of the center. Mr. Dill objected to the testimony in that Mr. Schup was not a resident or business manager in Englewood . COUNCIL MEMBER HIGDAY MOVED TO DISALLOW THE TESTIMONY. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Bradshaw, Otis. Coun ci l Members Keena, Bilo. The Mayor declared the motion carried . Kip Baker, 7184 West Waldon Drive, Littleton, assistant manager of La Rondevous Cafe in Cinder e lla City, appeared b fo r Council and bega n to give testimony in favor of th a pp lication . Mr. Dill objected to Mr. Baker's test imony on th basis that he was h ass istant manager and not the manag •r which would b di ll ow d stimony under the statut e . COU NCIL MEMBER HIGDAY MOVED TO ALL OW TESTIMONY FROM MR . BAKER . Cou ncil M mber Bilo seconded the motion . pon call o th r oll, th vote r e sulted as follows: Ay s : Nays : Council Member Neal. Cou ncil Members Hi g d ay , Fit zpat r ick , Keena, Bradshaw, Bilo, Otis. Th e Mayor declared the motion de fe ated . Mr. William Meyers, 3860 South Bannock, employee for Cinderella City, appeared before Council and offered testimony in favor of the application. Mr. Dill objected to Hr. Meyers's testimony after cross-examination on the grounds that Mr. Meyers's testimony related to the economic well-being of the center and such a factor can not be tested at this hearing. I • - • • • January 14, 1980 Page 12 • • • COUNCIL MEMBER BILO MOVED TO ACCEPT THE TESTIMONY OF MR. MEYERS. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Neal, Fitzpatrick, Keena. Council Members Higday, Bilo, Bradshaw, Otis. The Mayor declared the motion defeated. There were no other people wishing to speak in favor of the application. Mayor Otis asked if there was anyone wishing to speak against the application. Deputy Clerk Watkins stated the City Clerk's office was in receipt of a letter from James H. Lucero in opposition. Mr. Criswell objected to entering the letter into evi- dence because the letter was written on the presumption that King Soopers would leave if the license was granted and testimony prov-ed this not to be the case. COUNCIL MEMBER NEAL MOVED THAT MR. LUCERO'S LETTER BE STRICKEN FROM THE RECORD. Council Member Keena seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried . Mr. Dill, in accordance with previously agreed upon for- mat, deferred presentation of his case until the unrepresented citizens had been heard • Mr. Dill asked the group to appoint a spokesperson for the purpose of relaying to Council their opposition. In addition, Mr. Dill asked for those people in opposition to stand. Approximately 30 people stood up. Mr. Burrman, attorney representing a citizen in pro-test, called his client to appear first. Mr. Frank Coberly, 3835 South Grant, appeared before Council and provided testimony under the direct questioning of • I • - • • January 14, 1980 Pag e 13 • • • Mr. Burrman in opposition to the liquor license on the basis there wer e enoug h liquor o utlets in the area at the present time. Under cross-e xamination from Mr. Criswe ll, Mr. Coberly state d he had pre viously worked f or Glass Bottle Liquors but was appearing on his own behalf in this matter. Mr. Wayne Burget, 4108 South Inca, appeared before Coun- cil and gave t e stimony against the application on the grounds that Englewood did not nee d a nother liquor store for bottled liquors. Mr. Burget stated he had not experienced any dif f iculty in purchas- ing liquor in stores presently located in the surrounding area. Mr. Ed Cordova, 3382 South Florence Court, Denver, owner of Flash Tailor Formals, 3424 South Broadway, appeared before Coun- cil and gave testimony against the application. Mr. Cordova st a t e d he had previously owned a liquor store. Mr. Cordova stated there was an adequate supply of liquor stores and some have gone bank- rupt. Mr. Cordova stated he was member of the Chamber of Commerce task force attempting to revitalize downtown Englewood; and the proposed new liquor store would negate their efforts by drawing more people to Cinderella City. Mr. Cordova stated he had not experienced any difficulty in purchasing liquor in stores pre-sently located in the surrounding area. Under cross-examination from Mr. Criswell, Mr. Cordova stated the stores that went bankrupt we r e Cherrelyn Drug Store and Drug Fair and he did not know i f the bankruptcy was directly related to liquor sales. Mrs. Isabella Knight, 3021 South Lincoln, appeared be- fore Council and gave t e stimony in opposition to the application. Mrs. Knight stated ther e were enough liquor stores in Englewood and she felt "one-stop shopping" would not work because she would drive her car from proposed location over to the center to finish h e r shopping. Mrs. Kni g ht stated she had not experienced any dif- ficulty in purchasing liquor in stores presently located in the sur-rounding area, Ms. De e Ph e lps, 4500 South Cherokee, appeared before Council and gav e testimony against the application on the grounds that a l a rge liquor store would put the small stores out of busi- n e ss. Ms. Ph e lps stat e d she had not experienced any difficulty in purchasing liquor i n stores presently located in the surround-ing ar ea . Mr. Leo We dlow, 4166 South Sherman, appeared before Council and gave testimony against the application on the basis there we r e enough liquor stores in Englewood at the present time, Mr. Wedlow stated he had not experienced any difficulty in purchas- ing liquor in st o r e s pr e s e ntly located in the surrounding ar e a, I • - • • January 14, 1980 Page 14 • • • Mrs. Beverlee Howe, 3255 South Delaware, appeared before Council and gave testimony against the application on the grounds there were enough liquor stores in En g l e wood at the present time. Ms. Howe stated she had not experienced any difficulty in purchas- ing liquor in any of the surrounding liquor outlets. Mr. Wayne Burget, 4108 South Inca, appeared before Council again and stated he would like to see King Soopers ex-pand its present facilities. Mrs. Sheila Gamble, employee of Glass Bottle Liquors, appeared before Council and gave testimony against the appli- cation. Mrs. Gamble stated a liquor store should not be next to a grocery store because of the type of clientele that shop at a liquor store. Council Member Keena discussed striking Ms. Gamble's testmony on the same grounds (type of employment) as was Mr. Meyers's given earlier and subsequently striken. However, Ms. Keena recognized that Ms. Gamble addressed pertinent issues whereas Mr. Meyers's did not and that was why his (Mr. Meyers's) testimony was striken. The following protestants were administered the oath collectively by the Deputy Clerk and came before Council to give their names and addresses to go on record in protest of the appli-cation: SIGNED OWNER/ WRITTEN NAME ADD RES_§_ RESIDENT PETITION -----Betty Acker 3140 s. Delaware Resident Unknown Paul Wertz 34 2 8 s. Corona Resident Unknown Merle Koon 3434 s. Broadway Owner Unknown Judy Coberly 3835 s. Hazel Ct. Resident Yes c. Wakefield 3100 s. Delaware Resident No Tim Wakefield 3100 s. De lawar e Res i dent No Lela Jamieson 3202 s. Cherokee Resident No Mrs.M.Summers 3140 s. Delaware Resident Yes Ruddy Tisch 7032 s. Franklin, Litt. Owner Yes Anita Tisch 7032 s. Franklin, Litt. Owner Unknown Ivan Deal 3353 s. Santa Fe Owner Yes Richard Potts 4480 s. Washington Resident Yes K. Wooderstrom 3850 s. Sherman Resident No Frank DeHoff 3195 s. Delaware Resident No P. Cordova 3424 s. Broadway Owner Yes Joe Blusha 135 E. Harvard, Den. Resident No Debbie Blusha 135 E. Harvard, Den. Resident No (Residence for Blushas is within designated neighborhood) • I • - • • • January 14, 1980 Page 15 NAME !DDR~_SS K. Green 3275 s. Amelia Lopez 3265 s. Manual Lopez 3265 s. Vern Dodson 3262 s. Glen Dodson 3262 s. Pat Trujillo 4752 s. Elmer Bumquest 2895 s. • • • Delaware Delaware Delaware Delaware Delaware Logan Broadway OWNER/ RESIDENT Resident Resident Resident Resident Resident Resident Owner SIGNED WRITTEN f._E_T~ No No No Unknown Unknown Yes Unknown In response to questioning from Mr. Dill, each protestant stated he or she had not experienced any difficulty in purchasing liquor in any of the surrounding outlets. Mr. Dill presented his client's case in protest of the application. Mr. Dill submitted petitions -Protestant's Exhibit A-containing approximately 3,100 signatures against the appli- cation. In response to Mr. Criswell's question, Mr. Dill did not deny some of the signatures may be non-residents. Mayor Otis declared a recess at 12:05 a.m. The Council reconvened at 12:15 a.m. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. Mr. Dill called Mr. Robert Mcintyre to testify. Mr. Robert Mcintyre, 3140 S. Dahlia, owner of Old Town Liquors, appeared before Council. Under direct questioning from Mr. Dill, Mr. Mcintyre gave testimony in that he stated there was an adequate number of liquor stores in Englewood at the present time. Mr. Mcintyre went on further to state he knew of no substantial growth in the ar ea to require another packaged liquor store, there- fore the needs we re being met and did not desire to see the license granted. Mr. Mcintyre added the proposed liquor store would en- hance competit ion and r esult in loss of revenue for the smaller stores. Under cross-exam ination from Mr. Criswell, Mr. Mcintyre stated his customers came from different areas and not just Engle- wood alone. Also , he did not know what effect the proposed liquor store would have on his business alone • • I • - • • • • • • January 14, 1980 Page 16 In response to City Attorney Berardini's question, Mr. Mcintyre stated the relocation of his store, Old Town Liquors, to South Downing and Hampden would be in the two mile radius of what was the designated neighborhood. Mr. Dill called Mr. Ron Parness to testify. Mr. Ron Parness, owner of Glass Bottle Liquors, 336 W. Hampden, appeared before Council. Under direct questioning from Mr. Dill, Mr. Parness gave testimony that Glass Bottle Liquors had been established in Englewood for over 20 years and moved to its present location in 1968. Mr. Parness stated he was planning to expand his business by moving to a different location. Mr. Parness stated he had no difficulty in purchasing liquor in other outlets and there had been no substantial growth in the area to justify another liquor store. Mr. Parness stated he did not de-sire the license to be granted. Mr. Dill submitted Protestant Exhibit B - a map of the area and surrounding liquor outlets. Under cross-examination from Mr. Criswell, Mr. Parness agreed that the proposed location for the applicant was ideal; however, he felt there were too many outlets in the area at the present time. side. There was no further testimony to be given by either Council Member Neal asked City Attorney Berardini to provide case law on whether or not the liquor licensing authority can consider competition as a factor in determining the approval or denial of a liquor license. Mr. Criswell gave closing remarks. Mr. Criswell requested that Council consider the criteria he presented earlier -needs and desires of th e neighborhood. Also, to consider the needs of the people who shop at Cinderella City but may not be residents of City, The existing outlets have already established clientele. Mr. Criswell concluded that the proposed store would not provide that much competi-tion for the smaller stores. Mr. Dill gave closing remarks. Mr. Dill stated the peti- tions reflect 3 to 1 against and he urged Council not to consider the petitions of patrons. Mr. Dill stated he had proven there were enough liquor stores in the area and that no one had had difficulty purchasing packaged liquors. Mr. Dill concluded the needs and desires of the neighborhood were presently being met and requested that Council deny the license • I • - • • • • January 14, 1980 Page 17 30 days. Mayor Otis stated Council would make a decision within COUNCIL MEMBER HIGDAY MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: 1:10 a.m. Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER FITZPATRICK MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at I • ....... • • • SPECIAL MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO January 14, 1980 I ~ Th e City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on January 14, 1980, at 7:30 p .m. Mayor Otis, presiding, called the meeting to order. Th e invocation was given by Council Member Thomas Fitzpatrick. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call . Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Ke e na, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present . * * * * * Also present were: City Manager McCown Assistant City Man age r Curnes City Attorn ey Berardini Deputy City Clerk Johannisson Deputy City Clerk Watkins * * * * * * Mayor Otis stated the purpose of the meeting was to hold a public h aring to consider a beer and win license appli- cation from Fran z Hummel Delicatessen, Inc., 701 West Hampden Avenue; and a public hearing to consider a retail liquor store lie nse application from KPL, Inc., to be locat d in the King Sooper building at 701 West Hampden Avenue . * * ~ * * * COUNCIL MEMBER NEAL MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER A BEER AND WINE LICENSE APPLICATION FROM FRANZ HUMMEL DELICATESSEN, INC., 701 WEST HAMPDEN AVENUE. Council Memb er Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • - • • January 14, 1980 Page 2 Nays: None. • • • The Mayor declared the motion carried. City Manager McCown stated he was in receipt o f a letter from Mr. John Criswell, attorney representing Mr. Hummel, request-ing postponement. Mr. John Criswell, Criswell & Patterson, 3780 South Broad- way, appeared before Council. Mr. Criswell stated his request was based on the fact that Mr. Hummel's mother had died necessitating that Mr. Hummel leave the country not to return until late January. Mr. Criswell requested postponement until the middle of February and acknowledged that it would be necessary to repost the premises with the new date. COUNCIL MEMBER BILO MOVED TO POSTPONE THE PUBLIC HEARING ON THE BEER AND WINE LICENSE APPLICATION FROM FRANZ HUMMEL DELICA- TESSEN, INC., 701 WEST HAMPDEN AVENUE, UNTIL FEBRUARY 25, 1980, AT 7:30 P.M. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER NEAL MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays : None. The Mayor declared the mot i on carried. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO OPEN THE PUBLIC HEAR- ING TO CONSIDER A RETAIL LIQUOR STORE LICENSE APPLICATION FROM KPL, INC., TO BE LOCATED IN THE KING SOOPER BUILDING AT 701 WEST HAMPDEN AVENUE. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • - • • • • January 14, 1980 Page 3 Nays : None. The Mayor declared the motion carried. Mayor Otis stat e d the groundrules outline d under l -7-7 through 1 -7-10 of the 1969 Englewood Municipal Code were th e ones to which the hearing woul d be adhered . Depu ty City Clerk Johannisson appeared b ef ore Council and under oath present ed th e application f il e fo r KPL , Inc. which contained the following: 1 . Stat e of Colorado Form DRL404 2 . Notice of Public Hearing published in the En glewood Sentinel on December 12, 1979 3 . Letter r eq uired under the Colorado Liquor Cod e to the a pplicant sent on January 7, 1980 4 . P e rsonal histori e s of the corporate of fi ce r s and the major stockholders 5 . Lett e rs of refe rence for the corporate officers and the major stockholders 6 . Corporate documents which include the certificate of incorpor at ion showing that KPL, Inc., i s author - ized to do business in the State of Co lorado, the articles of incorporation and the min u tes of the corporat e meeti ng electing the officers 7 . Samples o f sto ck certificate 8. Lease for the building showing that they ha ve ri g ht of occu p ancy 9. Plan of the building showing the layout of th e pre- mises 10 . Lett e r from Community Development Department s t at - i n g that the proposed us e fall s within the z oning use 11 . 12 . Financial af f idavi t f rom the applicant A map showing the two mile radius which was es tablish- ed by City Co uncil defining the neighborhood. The r ed line shows the proposed location at 701 West • I • - • • • January 14, 1980 Page 4 • • • Hampden Aven ue . The blue arrows show the retail liquor stores wh ich are in the neighborhood. • 13. A report from Oedipus, Inc . and the petitions wh ich were submitted by Oedipus, Inc., showing the results of the survey of the neighborhood which they com- pleted. Deputy City Clerk Johannisson stated the application file would be shown as City Exhibit A; the report from Oedipus, Inc., as City Exhibit B; and th e petitions f rom Oedipus, Inc., as City Exhibit C (l) through (S). Mr. John Criswell, Criswell & Patterson, 3780 South Broadway, appeared before Council and questioned Mr. Johannisson whether or not he was able to obtain original dates of applica- tion for four liquor stores in the imm ediate area. Mr. Johannisson stated he had not been able to obtain th e dates. Mr. Alan Dill , Home & Dill, attorney representing Mr. Ron Parness owner of Glass Bottle Liquors a pr otestant in the mat- ter, appeared before Council and que'stioned Mr. Johann is son whether t or not any preliminary reports or recommendations were tender ed to the Council by any City agency or City employee prior to the hear- ing. Mr. Johannisson stated to the best of his knowledge there were none. Mr. Max Scott, Oed ipus, Inc., 1200 Pearl, Boulder, Colorado, appeared before Council and presented testimony re- lating to his survey and its r esults in the matter of the liquor license application for KPL, Inc. Mr. Scott stated he was under contract with the City of Englewood to conduct a unbiased survey for the purposes of determining what the needs and desires of the defined neighborhood were in regard to the subject liquor license application. Mr. Scott stated the results show 55.71% of the people contacted indicated the needs were not being met, and 44.29% of the people contacted indicated the needs were being met • In response to Mr . Criswell's questions , Mr. Scott stated he limited his survey to residents living or maintaining businesses in the area which were the terms of his contract with the City; and it was possible these people were also patrons of the center. In response to Mr. Dill's quest ions, Mr. Scott pointed out to Council the areas that were closest to the location indicating a low degree of acceptance for the application. Mr. Criswell objected to the questioning of Mr. Scott from Mr. Dill regarding the degree of acceptance as well as the acceptance factors of other licenses for which Mr. Scott had per- formed surveys. Mr. Criswell stated the main concern was sub- ject application. • I • - • • • January 14, 1980 Page 5 • • • COUNCIL MEMBER FITZPATRICK MOVCD TO ALLOW MR . DILL TO FURTHER QUESTION MR. SCOTT ON THE DEGREE OF ACCEPTANCE OF THIS APPLICATION. Council Hember Higday seconded the motion. Upon a call of the roll, the vote resulted as follow s : Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis . None. The Mayor declared th motion carried. Mr. Dill asked 1r . Scott if this particular pet~Oon circulating effort r fleeted the lowest degree of acceptance that he has had in the last year in the City of Englewood. Mr . Scott responded in th e af f irmative, adding the r es ults were very con- servative . Mr . Scott stated the results are the lowest he has had from the applicant's standpoint . Mayor Otis asked for the ap plicant 's presentation . Mr . John Criswell, 3730 South Br oa dway, attorney for KPL, Inc., appeared before Council . Mr. Criswell discussed the factors outlined in the liquor code fo r and under which Council can determine the approval or denial of a liquor license appli - cation. Those being the reasonable requirements of the neigh- borhood (n eeds), the desires of the inhabitants of the neigh- borhood and any other pertinent information affecting the quali- fications of the applicant . Mr. Criswell submitted Applicant's Exhibit I -Notice of Posting ; Applic ant 's Exhibit II-Lease Agreement, and Appli- cant's Exhibit III -Layout of Premises . Mr. Criswell called Hr. Bill Alpert to testify . ~rr . Bill Alpert, 65 West 55th Street, New York, New York, appeared before Council. Under direct questioning from Mr . Criswell, Mr . Alpert testified he was an attorney practic- ing in New York, on of the owners of Cinderella City, and gave gener al background of his ownership, Capital Alliance. Mr. Alpert al so provided t e stimony on his business association with Mr . Arnold Kimm el , the applicant . Mr. Alpert stated he felt there was a need at the center to provide services to shopping for food as well as liquor . Under cross-examination from Mr . Dill, Mr. Alpert stated Mr . Kimmel would probably operate and set policy for the store through a hired manaeer, but remain in New York • I • - • • January 14, 1980 Page 6 • • • Mr. Criswell called Mr. Artzberger to testify. Mr. James Artzberger, 6552 South Vann, Jefferson County, Manager of Cinderella City, appeared before Council. Under direct questioning from Mr. Criswell, Mr. Artzberger provided testimony on his business background and began to present general character- istics of the center, its activity, market area, and description of neighborhood location. Mr. Dill objected to the testimony concerning the de- scription of the neighborhood and market on the basis the informa-tion was irrelevant. COUNCIL MEMBER KEENA MOVED TO ALLOW TESTIMONY FROM MR. ARTZBERGER CONCERNING THE MARKET AREA. Council Member Bilo sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mr. Artzberger continued his testimony describing the market area of Cinderella City as being about 15 miles serving approximately 400,000 -450,000 people. Mr. Artzberger stated the management was trying to give the center a "one-stop shop- ping" concept since it already had multiple services; and it was unusual for a center its size not to have a liquor store. Mr. Criswell submitted Applicant's Exhibit IV-survey of various shopping centers in the Denver metropolitan area to determine whether or not there existed liquor stores in these centers. Mr. Dill objected to the exhibit on the basis that the area for consideration was not the major metropolitan area rather it was the designated neighborhood and the exhibit was immaterial. COUNCIL MEMBER HIGDAY MOVED TO DISALLOW THE QUESTIONING AS IT RELATED TO OTHER SHOPPING CENTERS. Council Member Bilo sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Bradshaw. Council Members Keena, Bilo, Otis. I • - • •• • January 14, 1980 Page 7 • • • The Mayor decla r ed the motion carried . Mr. Criswell submitted Applicant 's Exhibit XVII -a map of present store locations . Under further direct question - ing from Mr . Criswell, Mr . Artzberger stated these stor es did not presently me e the needs of the resident and non -residents of the shopping center because they were difficult to get to . The applicant 's location would be in Cinderella City and would be easy to frequent by their customers who shop at the center . Mr . Dill object d to Mr .A~tzberg r's use of reference to "their customers" as though he were speaking on their behalf. Mr . Dill sta ted such testimony was hearsay and it concerned pa- trons of the center . Mr . Dili asked the Council to disregard it. Mr . Criswell stated by th fact that some of the wi t - nesses wer e residents and/o r managers of businesses in the area, they had the ri 3ht to expres s what the needs of the nei g hbor - hood were . COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE TESTI - MONY AND WEIGH IT ACCORDINGLY iVHEN THE DECISION WAS TO BE MADE. Council Member Neal seconded the motion . Up on a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Hi grlay , Neal, Fitzpatrick , Keena, Silo, Br ads haw, Otis . None . The Hayor declared the motion carried . Mr . Art zberger continued his testimony concerni n g mark et asse ssment of the cent e r stating management plann ed to stock every possibl e catego ry of goods at the cent e r in order to provide the "on e -stop shopping" concept. Under cross-examination from Mr . Dill, Mr . Artzberger stated he had had no dif f iculty in purchasing liquor in any of the stores in the neighborhood in which he had been. Mayor Otis declared a recess at 9:35 p .m. The Council r econvened at 9:50 p.m . Mayor Otis asked fo r roll call . Upon a call of the roll, the following wer e present: Council M mbers Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis . Absent : None. • I • - • • January 14, 1 980 Page 8 • • • Mayor Otis declared a quorum present . Mr. Dil l noted there were many people in attendanc e who were protesting the application and who were unrepresented in the case. Mr. Dill offered to defer his protestant's case until these people could appear befor e Council and be hea rd. Mr. Criswell stated he had no objections once he finishe d the applicant's presentation. COUNCIL MEMBER FITZPATRICK MOVED TO FOLLOW THE PRO- CEDURE AGREED UPON BY THE ATTORNEYS. Council Member Keena s ec - onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Counci l Membe rs Hi gday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw , Otis. No ne. The Mayor declared the motion carried . Mr. Criswell called Mr. Jay Gould to testify . Mr. Jay Gould, Manager of Josli ns s tore at Cinderella City, appeared before Council. Und er direct questioning from Mr. Criswell, Mr. Gould testified tha t he was pre sident of the mer- chant association at the center and the as sociation was in favor of the liquor license for KPL, Inc. bein g g ranted. Mr. Dill objected to Mr. Gou ld's te stimon y on the basis that the merchant association was no t an interest ed party. Mr. Criswell stated Mr. Gould was a petition circulator that was aware of the views expressed by other persons who were owners or managers of stor es in the neighborhood. Mr. Dill stated it wa s imp roper that the a ss o ciation express need s of the neighborhood ; however, if Mr. Gould circu- lated a petition among them then it was not improper a nd he wou ld not object to submission of the results of t he pet itions. City Attorney Berard i ni advise Council that a presi- dent of an association was very much like a petition cirulator in what the managers and business own e rs of the center were say-ing. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE TESTIMONY FROM MR. JAY GOULD AS PRESIDENT OF THE MERCHANTS ASSOCIATION. Council Member Bilo seconded the motion. Upon a call of the roll , the vote resulted as foll ows: Ayes : Council ~embers Hi~dav,0Neal, Fitzpatrick, Keena, B1 l o, sradsna~. t1s • • I • - • • • • • January 14, 1980 Page 9 Nays: None . The Mayor declared the motion carried. Mr. Criswell stated Mr. Gould's testimony on the favor - able position for the issuance of the license had been noted . Und e r cross -examination f rom Mr. Dill, Mr. Gould stated he had not had any di ff iculty purchasing liquor in any of the surrounding liquor stores in which he had been . Council gave Mr . Gould permission to leave the hearing. Mr. Criswell called Mr . Lee Horrison t o testify . Mr . Lee Morrison, 6 5 Tejon, Denver, appea r ed befo re Council . Under direct questioning, Hr . Morrison testified that he was the Mark et Anaysis r ep resenting King Soopers, that King Soopcrs had taken a neutral position in the matte r, and if the license was granted and they wer e not able to get the space it would have no bearing on wh ether or not they r emained . Mr. Criswell stat ed he han contracted two petition circulators . One was Dec Richardson, who petitioned business owners or operators prima rily of Cinderella City, residents within the area who were patronizing Cinder e lla City, and pa - trons of Cinderella City but we r e not r esidents of the area . The results wer e compiled in two reports -one in October and one done afterwar d s . The other circulator was Investigative Services, Inc . who circul ated petitions -residents and patrons prior to Oct ober h ea ring. Mr. Criswell submit ted th followin g items as ev idence: 1. 2. 3. 4 . 5 . 6 . 7. 8. 9. App licant 's Ex~ibit VI -th e o rig inal October report Applic ant 's Exhibit VII -petition o f business owners Applic ant 's Exhibit VIII -Oct ober peti tion of residents Appl icant 's Exhibit IX -O ctober petition of non-resi- d nt patrons Applicant's Exhibit X -Ms. Rich a rdson's report on the post-October circulation Applic a nt's Exhibit XI -post October petition of re- sidents Appl icant's Ex h ibit XII -post October petition of non- res iden t patron s Applicant's Ex hibit XIII-r eport from Investigative Services, Inc . Applicant's Exhibit XIV -residents petition from In- ves tigative Se r vice s, Inc • • I • - • • • • • January 14, 1980 Page 10 10. Ap plicant 's Exhibit XV -patrons petition from In- vestigative Services, Inc . 11. Applicant's Exhibit XVI -results from Mr. Criswell. Mr. Dill received copies of the summary sheet and waived the necessity of any legal foundation with respect as to whether or not Council should consider patrons and reserved argument . Mr. Criswell dismissed the circulators . Mr. Criswell called Mr. Arnold Kimmel, the applicant, to testify. Mr. Arnold Kimm el, 65 W. 55th Street, New York, New York, appeared before Counci l . Under direct questioning from Mr. Criswell, Mr. Kimmel gave testimony regarding his business background, reasons why he was applying fo r a liquor license, and general information concerning proposed plans in operating the store. Mr. Kimmel presented samples of the proposed ex- terior and interior design of the store, the proposed types of materials to be used, and a ceiling-view drawing of the floor plan. Mr. Kimmel stated he wou ld remain in Denver until he hired a manager for the store who would then manage it on a day to day basis. Under cross-examination from Mr . Dill, Mr. Kimmel stated he did not have any direct or indirect connection with a liquor store; however, he was involved in fast food and restaurant es- tablishments that sold beer and wine, and liquor by the drink. Mr. Kimmel stated of those liquor stores which he visited when he was in Englewood several months ago, he did not observe any- one having difficulty purchasing liquor . Mr . Kimmel stated he had no knowledg as wheth e r or not the stores presently met the needs of the people . Under cross -examination f r om Mr . Richard Burrman, associ- ate of Mr. Dill's, and attorney representing a prot estant , Mr . Kimmel stated he was aware that there was no provision or condi- tion in the lease for termination in the event he did not obtain the license. Mr. Kimmel stated he had no other plans at the pre- sent time even though it was his full responsibility to do with the space as he chose . In response to Council Member 's Fitzpatrick's question, Mr. Kimmel stated he would be visiting the store as often as neces- sary and that the manager would report to him in a regular basis. time. Mr. Criswell stated he had no further witnesses at this • I • - • •• • January 14, 1980 Page ll • • • Mayor Otis asked if anyone in the audience wished to speak in favor of the liquor license application . Mr. Bob Schup, 1270 Eudora, Denver, appeared before Council and began to give testimony as a patron of the center . Mr. Dill objected to the testimony in that Mr . S chup was not a resident o r business manager in Englewood . COUNCIL MEMBER HIGDAY MOVED TO DISALLOW THE TESTIMONY . Council Member Bilo seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Hi g day, Neal, Fitzpatrick, Bradshaw, Otis . Council Members Keena, Bilo . The Mayor declared the motion carried . Kip Baker, 7184 West Waldon Drive, Littleton, assistant manager of La Rondevous Cafe in Cinderella City, ap p ea r ed b efore Council and began to give testimony in favor of the ap p lication . Mr . Dill objected to Mr . Baker's testimony on the basis that he was the assistant manager and not the manager which would be disallowed testimon y under the statute . COUNCIL MEMBER HIGDAY MOVED TO ALLOW TESTIMONY FROM MR . BAKER . Council Member Bilo seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Member Neal . Council Members Higday, Fitzpatrick, Keena, Bradshaw, Bilo, Ot is . Th Mayor declared the motion defeated • Mr. William Meyers, 3860 South Bannock, employee for Cinderella City, appeared before Council and offered testimony in favor of the appli cation . Mr. Dill objected to Mr. Meyers's testimony after cross-examinatio n on the grou nds that Mr . Meyers's testimony relat ed to the conomic well-being of the center and such a facto r can not be tested at this hearing • I • - • •• • January 14, 1980 Page 12 • • • COUNCIL MEMBER BILO MOVED TO ACCEPT THE TESTIMONY OF MR. MEYERS. Council Member Keena seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Neal, Fitzpatrick, Keena. Council Members Higday, Bilo, Bradshaw, Otis. The Mayor declared the motion defeated. There were no other people wishing to speak in favor of the application . Mayor Otis asked if there was anyone wishing to speak against the application. Deputy Clerk Watkins stated the City Clerk's office was in receipt of a letter from James H. Lucero in opposition. Mr. Criswell objected to ente ring the letter into evi- dence because the letter was written on the presumption that King Soopers would leave if the license was granted and testimony prov- ed this not to be the case. COUNCIL MEMBER NEAL MOVED THAT MR. LUCERO'S LETTER BE STRICKEN FROM THE RECORD. Council Member Keena seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Ke ena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mr. Dill, in accordance with previously agreed upon for- mat, deferred presentation of his case until the unrepresented citizens had been heard • Mr. Dill asked the group to appoint a spokesperson for the purpose of relaying to Council their opposition. In addition, Mr. Dill asked for those people in opposition to stand. Approximately 30 people stood up. Mr. Burrman, attorney representing a citizen in pro- test, called his client to appear first. Mr. Frank Coberly, 3835 South Grant, appeared before Council and provided testimony under the direct questioning of • I • - • • • January 14, 1980 Page 13 • • • Mr . Burrman in opposition to the liquor license on the basis there were enough liquor outlets in the area at the present time. Under cross-examination from Mr. Criswell, Mr. Coberly stated he had pr ev iously worked fo r Gl as s Bottle Liquors but was appearing on his own behalf in this matter . Mr. Wayne Burget, 4108 South Inca, appeared before Coun- cil and gave testimony against the application on the g rounds that Englewood did no t need anothe r liquor store for bottled liq uors. Mr. Burget stated he ha d not experienced any difficulty in purchas - ing liquor in stores presently locat e d in the surrounding area. Mr. Ed Cordova, 3382 South Florence Court, Den ve r, own e r of Flash Tailor Formals, 3424 South Broadway, appeared be f ore Coun- cil and gave t estimony against the application. Mr. Cordova stated he had previously owned a liquor store . Mr . Cordova stated there was an adequate supply of liquor stores and some have gone bank - rupt . Mr . Cordova stated he was member of the Chamber of Commerce task force attempting to revitalize downtown Englewood; and the proposed new liquor store would negate their efforts by drawing more people to Cinderella City . Mr. Cordova stated he had not experienced any difficulty in purchasing liquor in stores pre - sently located in the surrounding area . Under cross-examination from Mr . Criswell, Mr. Cordova stated the store s that went bankrupt we re Cherrelyn Drug Store and Drug Fa i r and he did not know if the bankruptcy was directly relat e d to liquor sales . Mrs. Isabella Knight, 3021 South Lincoln, appeared be - fore Council a n d gave testimony in opposition to the application . Mrs. Kni g ht stated there were e noug h liquor stores in Englewood and she felt "on e -stop sho pping" wou l d not work because she would drive her car f rom proposed lo cation over to the center to finish her shopping. Mrs . Knight stated she had not e xperienced any dif - ficulty i n purch asing liq uor in stores presently located in the sur-rounding a r ea . Ms. Dee Phelps, 4500 South Cherokee, appeared before Counc il and gave testimony against the application on the grounds that a large liq uor store would put the sm all stores out of busi- ness. Ms. Phelps stated she had not experienced any difficulty i n purchasing liquor in stores presently locat ed in the surround-ing area . Mr. Leo Hcdlow , 4166 South Sherman, appeared before Council and gave testimony against the application on the basis there wer enough liquor s tores in Englewood at the present time • Mr. Wedlow stated h e had not experienced any difficulty in purchas - in g liquor in sto res presently located in the surrounding area • • I • - • ~ • January 14, 1980 Page 14 • • • Mrs. Beverlee Howe, 3255 South Delaware, appeared before Council and gave testimony against t he application on the grounds there were enough liquor stores in En gl ewood at the present time. Ms. Howe stated she had not experienc e d any diffi culty in purchas- ing liquor in any of the surroundin g liquor outlets . Mr. Wayne Burget, 4108 South Inca, appeared before Council again and stated he would like to see King Soopers ex-pand its present facilities . Mrs. Sheila Gamble, employ ee of Glass Bottle Liquors, appeared before Council and gave testimony again st the appli- cat1on. Mrs. Gamble stated a liquor store should not be next to a grocery store because of the type of clientele that shop at a liquor store. Council Member Keena discussed striking Ms. Gamble's testmony on the same grounds (type of employment) as was Mr. Meyers's given earlier and subsequently striken. However, Ms. Keena recognized that Ms. Gamble addressed pertinent issues whereas Mr. Meyers's did not and that was why his (Mr. Meyers's) testimony was striken. The following protestants were administered the oath collectively by the Deputy Clerk and came before Council to give their names and addresses to go on record in protest of the appli -cation: SIGNED OWNER/ WRITTEN NAME ADD~ES~ ~1_I_~E~T PETITION Betty Acker 3140 s . Delawar e Resident Unknown Paul Wertz 3428 s. Corona Resident Unknown Merle Koon 3434 s . Broadway Owner Unknown Judy Coberly 3835 s. Haz e l Ct . Resident Yes c. Wakefield 3100 s. Delaware Resident No Tim Wakefield 3100 s. De laware Resident No Lela Jamieson 3202 s. Cherokee Resident No Mrs.M.Summers 3140 s . Delaware Resident Yes Ruddy Tisch 7032 s . Franklin, Litt. Owner Yes Anita Tisch 7032 s. Franklin, Litt. Owner Unknown Ivan Deal 3353 s. Santa Fe Owner Yes Richard Potts 4480 s . Washington Resident Yes K. Wooderstrom 3850 s . Sherman Resident No Frank DeHoff 3195 s. Delaware Resident No P. Cordova 3424 s. Broadway Owner Yes Joe Blusha 135 E. Harvard, Den. Resident No Debbie Blusha 135 E. Harvard, Den. Resident No (Residence for Blushas is within designated neighborhood) • I • - ( • •• • January 14, 1980 Page 15 NAME ADDRESS ----- K. Green 3275 s. Amelia Lopez 3265 s. Manual Lopez 3265 s. Vern Dodson 3262 s. Glen Dodson 3262 s. Pat Trujillo 4752 s. Elmer Bumquest 2895 s. • • • Delaware Delaware Delaware Delaware Delaware Logan Broadway OWNER/ RESIDENT Resident Resident Resident Resident Resident Resident Owner SIGNED WRITTEN f._E_T I TI ON No No No Unknown Unknown Yes Unknown In response to questioning from Mr. Dill, each protestant stated he or she had not experienced any difficulty in purchasing liquor in any of the surrounding outlets. Mr. Dill presented his client's case in protest of the application. Mr . Dill submitted petitions -Protestant's Exhibit A-containing approximately 3,100 signatures against the appli- cation. In respons e to Mr . Criswell's question, Mr. Dill did not deny some of the signatures may be non-residents. Mayor Otis declared a recess at 12:05 a.m. The Council reconvened at 12 :15 a.m . Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent : None . The Mayor declared a quorum present. Mr. Dill called Mr. Robert Mcintyre to testify. Mr. Robert Mcintyre, 3140 S. Dahlia, owner of Old Town Liquors, appeared before Council. Under direct questioning from Mr . Dill, Mr. Mcintyre gave testimony in that he stated there "Yias an adequate numb er of liquor stores in Englewood at the present time. Mr. Mcintyre went on furt her to state he knew of no substantial growth in the area to require another packaged liquor store, there- fore the needs were being me t and did not desire to see the license granted. Mr. Mcintyre added the proposed liquor store would en- hance competition and result in loss of revenue for the smaller store s • Under cross-examination from Mr. Criswell, Mr. Mcintyre stated his customers came from different areas and not just Engle- wood alone. Also, he did not know what effect the proposed liquor store would have on his business alone • • t I • - • •• • • • • January 14, 1980 Page 16 In resp onse to City Attorne y Berardini's question, Mr . Mcintyre stated the relocation of his store, Old Town Liquors, to South Down ing and Hampden would be in th e two mile radius of what was the designat ed neighborhood . Mr. Dill called Mr . Ron Parn e ss to t e stify . Mr. Ron Parness, owner o f Glass Bottle Liquors, 336 W. Hampden, appeared before Council . Under direct questioning from Mr. Dill, Mr. Parness gave testimony that Glass Bottle Liquors had been established in Englewood for over 20 years and moved to its present location in 1968. Mr. Parnes s stated he was planning to expand his business by moving to a different location. Mr. Parness stated he had no difficulty in purchasing liquor in other outlets and there had been no substantial growth in the area to justify another liquor store. Mr. Parness stated he did not de-sire the license to be granted. Mr. Dill submitted Protestant Exhibit B - a map of the area and surrounding liquor outlets. Under cross-examination from Mr. Criswell, Mr. Parness agreed that the proposed location for the applicant was ideal; however, he felt there were too many outlets in the area at the present time. side. There was no further testimony to be given by either Council Member Neal ask e d City Attorney Berardini to provide case law on whether or not the liquor li censing authority can consider competition as a f actor i n d e termining the approval or denial of a liquor l i c e nse. Mr. Criswell gave clo s ing remarks. Mr . Criswell requested that Council consider the cri ter ia he presented earlier -needs and desires of the neighborhood. Als o, to consider the needs of the people who shop at Cinderella City but may not be residents of City • The existing outlets have already established clientele. Mr. Criswell concluded that the proposed store would not provide that much competi-tion for the smaller stores. Mr. Dill g ave closing remarks. Mr. Dill stated the peti- tions reflect 3 to l against and he urged Council not to consider the petitions of patrons. Mr. Dill stated he had proven there were enough liquor stores in the area and that no one had had difficulty purchasing packaged liquors. Mr. Dill concluded the needs and desires of the neighborhood were presently being met and requested that Council deny the license • • I • - - ' • • • • January 14, 1980 Page 17 30 days. Mayor Otis stated Council would make a decision within COUNCIL MEMBER HIGDAY MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: 1 :10 a.m. Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER FITZPATRICK MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at - t I • • - • • • SPECIAL MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO January 14, 1980 /{L! The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on January 14, 1980, at 7 :30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Thomas Fitzpatrick. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. ·k * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Johannisson Deputy City Clerk Watkins * ~ * * * * Mayor Otis stated the purpose of the meeting was to hold a public hearing to consider a beer and wine license appli- cation from Fran z Hummel Delicatessen, Inc ., 701 West Hampden Avenue; and a public hearing to consider a retail liquor store license application from KPL, Inc., to be located in the King Sooper building at 701 West Hampden Avenue. * * * * * * COUNCIL MEMBER NEAL MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER A BEER AND WINE LICENSE APPLICATION FROM FRANZ HUMMEL DELICATESSEN, INC. , 701 WEST HAMPDEN AVENUE. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • - • • • January 14, 1980 Page 2 Nays: None. • • • The Mayor declared the motion carried. City Manager McCown stated he was in receipt of a letter from Mr. John Criswell, attorney representing Mr. Hummel, request-ing postponement. Mr. John Criswell, Criswell & Patterson, 3780 South Broad- way, appeared before Council. Mr. Criswell stated his request was based on the fact that Mr. Hummel's mother had died necessitating that Mr. Hummel leave the country not to return until late January. Mr. Criswell requested postponement until the middle of February and acknowledged that it would be necessary to repost the premises with the new date. COUNCIL MEMBER BILO MOVED TO POSTPONE THE PUBLIC HEARING ON THE BEER AND WINE LICENSE APPLICATION FROM FRANZ HUMMEL DELICA- TESSEN, INC., 701 WEST HAMPDEN AVENUE, UNTIL FEBRUARY 25, 1980, AT 7:30 P.M. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER NEAL MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO OPEN THE PUBLIC HEAR- ING TO CONSIDER A RETAIL LIQUOR STORE LICENSE APPLICATION FROM KPL, INC., TO BE LOCATED IN THE KING SOOPER BUILDING AT 701 WEST HAMPDEN AVENUE. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • - • • • • January 14, 1980 Page 3 Nays : None. The Mayor declared the motion carried. Mayor Otis stated the groundrules outlined under 1-7-7 through 1-7-10 of the 1969 Englewood Municipal Code were the ones to which the hearing would be adhered. Deputy City Clerk Johannisson appeared before Council and under oath presented the application file for KPL, Inc. which contained the following: l. State of Colorado Form DRL404 2. Notice of Public Hearing published in the Englewood Sentinel on December 12, 1979 3. Letter required under the Colorado Liquor Code to the applicant sent on January 7, 1980 4. Personal histories of the corporate officers and the major stockholders 5. Letters of reference for the corporate officers and the major stockholders 6. Corporate documents which include the certificate of incorporation showing that KPL, Inc. , is author- ized to do business in the State of Colorado, the articles of incorporation and the minutes of the corporat e meeting electing the officers 7. Samples o f stock certificate 8. Lease for the building showing that they have right of occupancy 9. Plan of the bu ilding showing the layout of the pre-mises 10. Letter from Community Development Department stat- ing that the proposed use falls within the zoning use ll. 12. Financial affidavit from the applicant A map showing the two mile radius which was establish- ed by City Council defining the neighborhood. The red line shows the proposed location at 701 West I • - • •• • January 14 , 1980 Page 4 • • • Hampden Avenue . The blue arrows show the r e tail liquor stores wh i ch are in the n e ighborhood. 13. A report f rom Oedipus, Inc. and the petitions which we r e subm itt ed by Oedipus, Inc., showing the results of the survey of the neighborhood which they com- plete d. Deputy City Clerk Johannisson stated the application file would be shown as City Exhibit A; the report from Oedipus, Inc., as City Exhibit B; and the petitions from Oedipus, Inc., as City Exhibit C (1) through (5). Mr. John Criswell, Criswell & Patterson, 3780 South Broadway, appeared before Council and questioned Mr. Johannisson whether or not he was able to obtain original dates of applica- tion for four liquor stores in the immediate area. Mr. Johannisson stated he had not been able to obtain the dates. Mr. Alan Dill, Home & Dill, attorney representing Mr. Ron Parness owner of Glass Bottle Liquors a protestant in the mat- ter, appeared before Council and que's tioned Mr. Johannisson whether or not any preliminary reports or recommendations were tendered to the Council by any City agency or City employee prior to the hear- ing. Mr. Johannisson stated to the best of his knowledge there were none. Mr. Max Scott, Oedipus, Inc., 1200 Pearl, Boulder, Colorado, appeared before Council and presented testimony re- lating to his survey and its results in the matter of the liquor license application for KPL, Inc. Mr. Scott stated he was under contract with the City of Englewood to conduct a unbiased survey for the purposes of determining what the needs and desires of the defined neighborhood were in regard to the subject liquor license application. Mr. Scott stated the results show 55.71% of the people contacted indicated the needs were not being met, and 44.29% of the people contacted indicated the needs were being met • In response to Mr. Criswell's questions, Mr. Scott stated he limited his survey to residents living or maintaining businesses in the area which were the terms of his contract with the City ; and it was possible these people were also patrons of the center. In response to Mr. Dill's questions, Mr. Scott pointed out to Council the areas that were closest to the location indicating a low degree o f acceptance for the application. Mr. Criswell objected to the questioning of Mr. Scott from Mr. Dill regarding the degree of acceptance as well as the acceptance factors of other licenses for which Mr. Scott had per- formed surveys. Mr. Criswell stated the main concern was sub- ject application. • I • - < • •• • January 14, 1980 Page 5 • • • COUNCIL MEMBER FITZPATRICK MOVED TO ALLOW MR. DILL TO FURTHER QUESTION MR. SCOTT ON THE DEGREE OF ACCEPTANCE OF THIS APPLICATION. Council Member Higday second e d the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carri e d. Mr. Dill asked Mr. Scott if this particular petition circulating effort reflected the lowest degree of acceptance that he has had in the last year in the City of Englewood. Mr. Scott responded in the affirmative, adding the r e sults were very con- servative. Mr. Scott stated the results are the lowest he has had from the applicant's standpoint. Mayor Otis asked for the applicant's presentation. Mr. John Criswell, 3780 South Broadway, attorney for KPL, Inc., appeared before Council. Mr. Criswell discussed the factors outlined in the liquor code for and under which Council can determine the approval or denial of a liquor license appli- cation. Those being the reasonable requirements of the neigh- borhood (needs), the desires of the inhabitants of the neigh- borhood and any other pertinent information affecting the quali- fications of the ap plicant. Mr. Criswell submitted Applicant's Exhibit I -Notice of Posting ; Applicant's Exhibit II -Lease Agreement, and Appli- cant's Exhibit III -Layout of Premises. Mr. Criswell called Mr. Bill Alpert to testify. Mr. Bill Alpert, 65 West 55th Stre et, New York, New York, appeared before Council. Under direct questioning from Mr. Criswell, Mr. Alpert testified he was an attorney practic- ing in New York, one of the owners of Cinderella City, and gave gen eral background of his ownership, Capital Alliance. Mr. Alpert also provided testimony on his business association with Mr. Arnold Kimmel, the applicant. Mr. Alpert stated he felt there was a need at the center to provide services to shopping for food as well as liquor • Under cross-examination from Mr. Dill, Mr. Alpert stated Mr. Kimmel would probably operate and set policy for the store through a hired manager, but remain in New York • () I ....... • January 14, 1980 Page 6 • • • Mr. Criswell called Mr. Artzberger to testify. Mr. James Artzberger, 6552 South Vann, Jefferson County, Manager of Cinderella City, appeared before Council. Under direct questioning from Mr. Criswell, Mr. Artzberger provided testimony on his business background and began to present general character- istics of the center, its activity, market area, and description of neighborhood location. Mr. Dill objected to the testimony concerning the de- scription of the neighborhood and market on the basis the informa-tion was irrelevant. COUNCIL MEMBER KEENA MOVED TO ALLOW TESTIMONY FROM MR. ARTZBERGER CONCERNING THE MARKET AREA. Council Member Bilo sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis, None. The Mayor declared the motion carried, Mr. Artzberger continued his testimony describing the market area of Cinderella City as being about 15 miles serving approximately 400,000 -450,000 people. Mr. Artzberger stated the management was trying to give the center a "one-stop shop- ping" concept since it already had multiple services; and it was unusual for a center its size not to have a liquor store. Mr. Criswell submitted Applicant's Exhibit IV -survey of various shopping centers in the Denver metropolitan area to determine whether or not there existed liquor stores in these centers. Mr. Dill objected to the exhibit on the basis that the area for consideration was not the major metropolitan area rather it was the designated neighborhood and the exhibit was immaterial. COUNCIL MEMBER HIGDAY MOVED TO DISALLOW THE QUESTIONING AS IT RELATED TO OTHER SHOPPING CENTERS. Council Member Bilo sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Bradshaw. Council Members Keena, Bilo, Otis, • I • - • • January 14, 1980 Page 7 • • • The Mayor declared the motion carried. Mr. Criswell submitted Applicant's Exhibit XVII - a map of present store locations. Under further direct question- ing from Mr. Criswell, Mr. Artzberger stated these stores did not presently meet the needs of the resident and non-residents of the shopping center because they wer e difficult to get to. The applicant's location would be in Cinderella City and would be easy to frequent by their customers who shop at the center. Mr. Dill objected to Mr. Artzberger's use of reference to "their customers" as though he were speaking on their behalf. Mr. Dill stated such testimony was hearsay and it concerned pa- trons of the center. Mr. Dill asked the Council to disregard it . Mr. Criswell stated by the fact that some of the wit- nesses we r e resid e nts and/or manag e rs of businesses in the area, they had the right to express what the n eeds of the neighbor- hood were. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE TESTI- MONY AND WEIGH IT ACCORDINGLY WHEN THE DECISION WAS TO BE MADE. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None . The }layor declared the motion carried. Mr. Art z b erge r continued his testimony concerning mark e t assessment of the center stating management planned to stock every possible category of goods at the center in order to provide the "on e -!lto p shopping" concept. Under cross-examination from Mr. Dill, Mr. Artzberger stated he had had no difficulty in purchasing liquor in any of the stores in the neighborhood in which he had been. Mayor Otis declared a recess at 9 :35p.m. The Council reconvened at 9 :50 p.m. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent : None • I • - • January 14, 1980 Page 8 .. • • • Mayor Otis declared a quorum present, Mr. Dill noted there were many people in attendance who were protesting the application and who were unrepresented in the case. Mr. Dill offered to defer his protestant's case until these people could appear before Council and be heard. Mr. Criswell stated he had no objections once he finished the applicant's presentation. COUNCIL MEMBER FITZPATRICK MOVED TO FOLLOW THE PRO- CEDURE AGREED UPON BY THE ATTORNEYS. Council Member Keena sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mr. Criswell called Mr. Jay Gould to testify. Mr. Jay Gould, Manager of Joslins store at Cinderella City, appeared before Council. Under direct questioning from Mr. Criswell, Mr. Gould testified that he was president of the mer- chant association at the center and the association was in favor of the liquor license for KPL, Inc. being granted. Mr. Dill objected to Mr. Gould's testimony on the basis that the merchant association was not an interested party. Mr. Criswell stated Mr. Gould was a petition circulator that was aware of the views expressed by other persons who were owners or managers of stores in the neighborhood. Mr. Dill stated it was improper that the association express needs of the neighborhood; however, if Mr. Gould circu- lated a petition among them then it was not improper and he would not object to submission of the results of the petitions. City Attorney Berardini advise Council that a presi- dent of an association was very much like a petition cirulator in what the managers and business owners of the center were say-ing. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE TESTIMONY FROM MR. JAY GOULD AS PRESIDENT OF THE MERCHANTS ASSOCIATION. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council ~embers Hi£dav,0 Neal, Fitzpatrick, Keena, B~lo, Bradsna~. t~s • I • - • • • • • January 14, 1980 Page 9 Nays: None. The Mayor declared the motion carried. Mr. Criswell stated Mr. Gould's testimony on the favor- able position for the issuance of the license had been noted. Under cross-examination from Mr. Dill, Mr. Gould stated he had not had any difficulty purchasing liquor in any of the surrounding liquor stores in which he had been. Council gave Mr. Gould permission to leave the hearing. Mr. Criswell called Mr. Lee Morrison to testify. Mr. Lee Morrison, 65 Tejon, Denver, appeared before Council. Under direct questioning, Mr. Morrison testified that he was the Mark e t Anaysis representing King Soopers, that King Soopers had taken a neutral position in the matter, and if the license was grant e d and they were not able to get the space it would have no bearing on whether or not they remained. Mr. Criswe ll stated he had contracted two petition circulators. One was Dee Richardson, who petitioned business owners or operators primarily of Cinderella City, residents within the area who were patronizing Cinderella City, and pa- trons of Cinderella City but were not residents of the area. The results were compiled in two reports -one in October and one done afterwards. The other circulator was Investigative Services, Inc. who circulated petitions -residents and patrons prior to October hearing. Mr. Criswell submitted the following items as evidence: 1. 2. 3. 4. 5. 6. 7. 8. 9. Applicant's Exhibit VI -the original October report Applicant's Exhibit VII-petition of business owners Applicant's Exhibit VIII -October petition of residents Applicant's Exhibit IX -October petition of non-resi- dent patrons Applicant's Exhibit X -Ms. Richardson's report on the post-October circulation Applic a nt's Exhibit XI -post October petition of re- sidents Applicant's Exhibit XII -post October petition of non- resident patrons Applicant's Exhibit XIII -report from Investigative Services, Inc. Applicant's Exhibit XIV -residents petition from In- vestigative Services, Inc • I • - • •• • • • • January 14, 1980 Page 10 10. Applicant's Exhibit XV -patrons petition from In- vestigative Services, Inc. 11. Applicant's Exhibit XVI -results from Mr. Criswell. Mr. Dill received copies of the summary sheet and waived the necessity of any legal foundation with respect as to whether or not Council should consider patrons and reserved argument. Mr. Criswell dismissed the circulators. Mr. Criswell called Mr. Arnold Ki mm el , the applicant, to testify. Mr. Arnold Kimmel, 65 W. 55th Street, New York, New York, appeared before Council. Under direct questioning from Mr. Criswell, Mr. Kimmel gave testimony regarding his business background, reasons why he was applying for a liquor license, and general information concerning proposed plans in operating the store. Mr. Kimmel presented samples of the proposed ex- terior and interior design of the store, the proposed types of materials to be used, and a ceiling-view drawing of the floor plan. Mr. Kimmel stated he would remain in Denver until he hired a manager for the store who would then manage it on a day to day basis. Under cross-examination from Mr. Dill, Mr. Kimmel stated he did not have any direct or indirect connection with a liquor store; however, he was involved in fast food and restaurant es- tablishments that sold beer and wine, and liquor by the drink. Mr. Kimmel stated of those liquor stores which he visited when he was in Englewood several months ago, he did not observe any- one having difficulty purchasing liquor. Mr. Kimmel stated he had no knowledge as whether or not the stores presently met the needs of the people. Under cross-examination from Mr. Richard Burrman, associ- ate of Mr. Dill's, and attorney representing a protestant, Mr. Kimmel stated he was aware that there was no provision or condi- tion in the lease for termination in the event he did not obtain the license. Mr. Kimmel stated he had no other plans at the pre- sent time even though it was his full responsibility to do with the space as he chose. In response to Council Member's Fitzpatrick's question, Mr. Kimmel stated he would be visiting the store as often as neces- sary and that the manager would report to him in a regular basis. time. Mr. Criswell stated he had no further witnesses at this • I - l •• • January 14, 1980 Page 11 • • • Mayor Otis asked if anyone in the audience wished to speak in favor of the liquor license application. Mr. Bob Schup, 1270 Eudora, Denver, appeared before Council and began to give testimony as a patron of the center. Mr. Dill objected to the testimony in that Mr. Schup was not a resident or business manager in Englewood . COUNCIL MEMBER HIGDAY MOVED TO DISALLOW THE TESTIMONY. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Bradshaw, Otis. Council Members Keena, Bilo. The Mayor declared the motion carried. Kip Baker, 7184 West Waldon Drive, Littleton, assistant manager of La Rondevous Cafe in Cinderella City, appeared before Council and began to give testimony in favor of the application. Mr. Dill objected to Mr. Baker's testimony on the basis that he was the assistant manager and not the manager which would be disallowed testimony under the statute. COUNCIL MEMBER HIGDAY MOVED TO ALLOW TESTIMONY FROM MR. BAKER. Council Member Bilo seconded the motion. Upon a call of the roll, the vot e r e sulted as follows: Ayes : Nays : Council Member Neal. Counc i l Members Higd a y, Fitzpatrick, Keena, Bradshaw, Bilo, Otis. Th e Mayor d e clared the motion de f eated. Mr. William Meyers, 3860 South Bannock, employee for Ci nd e r e lla City, appear e d before Council and offered testimony i n favor of th e a pplication. Mr. Dill obje ct e d to Mr. Meyers's testimony after cros s-e x ami n ation on th e grounds that Mr. Meyers's testimony r elated to the cono mic we ll-being of the center and such a facto r ca n not be teste d a t this hearing • • I • - • January 14, 1980 Page 12 • • • COUNCIL MEMBER BILO MOVED TO ACCEPT THE TESTIMONY OF MR. MEYERS. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Neal, Fitzpatrick, Keena. Council Members Higday, Bilo, Bradshaw, Otis. The Mayor declared the motion defeated. There were no other people wishing to speak in favor of the application. Mayor Otis asked if there was anyone wishing to speak against the application. Deputy Clerk W&tkins stated the City Clerk's office was in receipt of a letter from James H. Lucero in opposition. Mr. Criswell objected to entering the letter into evi- dence because the letter was written on the presumption that King Soopers would leave if the license was granted and testimony prov-ed this not to be the case. COUNCIL MEMBER NEAL MOVED THAT MR. LUCERO'S LETTER BE STRICKEN FROM THE RECORD. Council Member Keena seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mr. Dill, in accordance with previously agreed upon for- mat, deferred presentation of his case until the unrepresented citizens had been heard. Mr. Dill asked the group to appoint a spokesperson for the purpose of relaying to Council their opposition. In addition, Mr. Dill asked for those people in opposition to stand. Approximately 30 people stood up. Mr. Burrman, attorney representing a citizen in pro-test, called his client to appear first. Mr. Frank Coberly, 3835 South Grant, appeared before Council and provided testimony under the direct questioning of • I • - c • January 14, 1980 Page l3 • • • Mr. Burrman in opposition to the liquor license on the basis there were enough liquor outlets in the area at the present time. Under cross-examination from Mr. Criswell, Mr. Coberly stated he had previously worked for Glass Bottle Liquors but was appearing on his own behalf in this matter. Mr. Wayne Burget, 4108 South Inca, appeared before Coun- cil and gave testimony against the application on the grounds that Englewood did not need another liquor store for bottled liquors. Mr. Burget stated he had not experienced any difficulty in purchas- ing liquor in stores presently located in the surrounding area. Mr. Ed Cordova, 3382 South Florence Court, Denver, owner of Flash Tailor Formals, 3424 South Broadway, appeared before Coun- cil and gave testimony against the application. Mr. Cordova stated he had previously owned a liquor store. Mr. Cordova stated there was an adequate supply of liquor stores and some have gone bank- rupt. Mr. Cordova stated he was member of the Chamber of Commerce task force attempting to revitalize downtown Englewood; and the proposed new liquor store would negate their efforts by drawing more people to Cinderella City. Mr. Cordova stated he had not experienced any difficulty in purchasing liquor in stores pre- sently located in the surrounding area. Under cross-examination from Mr. Criswell, Mr. Cordova stated the stores that went bankrupt were Cherrelyn Drug Store and Drug Fair and he did not know if the bankruptcy was directly related to liquor sales. Mrs. Isabella Knight, 3021 South Lincoln, appeared be- fore Council and gave testimony in opposition to the application. Mrs. Knight stated there were e nough liquor stores in Englewood and she felt "one-stop shopping" would not work because she would drive her car from proposed location over to the center to finish her shopping. Mrs. Knight stated she had not experienced any dif- ficulty in purchasing liquor in stores presently located in the sur- rounding area. Ms. Dee Phelps, 4500 South Cherokee, appeared before Council and gave testimony against the application on the grounds that a large liquor store would put the small stores out of busi- ness. Ms. Phelps stated she had not experienced any difficulty in purchasing liquor in stores presently located in the surround- ing area . Mr. Leo Wedlow, 4166 South Sherman, appeared before Council and gave testimony against the application on the basis there were enough liquor stores in Englewood at the present time. Mr. wedlow stated he had not experienced any difficulty in purchas- ing liquor in stores presently located in the surrounding area • • I • - • •• • January 14, 1980 Page 14 • • • Mrs. Beverlee Howe, 3255 South Delaware, appeared before Council and gave testimony against the application on the grounds there were enough liquor stores in Englewood at the present time. Ms. Howe stated she had not experienced any difficulty in purchas- ing liquor in any of the surrounding liquor outlets. Mr. Wayne Burget, 4108 South Inca, appeared before Council again and stated he would like to see King Soopers ex-pand its present facilities. Mrs. Sheila Gamble, employee of Glass Bottle Liquors, appeared before Council and gave testimony against the appli- cation. Mrs. Gamble stated a liquor store should not be next to a grocery store because of the type of clientele that shop at a liquor store. Council Member Keena discussed striking Ms. Gamble's testmony on the same grounds (type of employment) as was Mr. Meyers's given earlier and subsequently striken. However, Ms. Keena recognized that Ms. Gamble addressed pertinent issues whereas Mr. Meyers's did not and that was why his (Mr. Meyers's) testimony was striken. The following protestants were administered the oath collectively by the Deputy Clerk and came before Council to give their names and addresses to go on record in protest of the appli-cation: SIGNED OWNER/ WRITTEN NAME ADD RES~ RESIDENT PETITION Betty Acker 3140 s. Delaware Resident Unknown Paul Wertz 3428 s. Corona Resident Unknown Merle Koon 3434 s. Broadway Owner Unknown Judy Coberly 3835 s. Hazel Ct. Resident Yes C. Wakefield 3100 s. Delaware Resident No Tim Wakefield 3100 s. Delaware Resident No Lela Jamieson 3202 s. Cherokee Resident No Mrs .M.Summers 3140 s. Delaware Resident Yes Ruddy Tisch 7032 s. Franklin, Litt. Owner Yes Anita Tisch 7032 s. Franklin, Litt. Owner Unknown Ivan Deal 3353 s. Santa Fe Owner Yes Richard Potts 4480 s. Washington Resident Yes K. Wooderstrom 3850 s. Sherman Resident No Frank DeHoff 3195 s. Delaware Resident No P. Cordova 3424 s. Broadway Owner Yes Joe Blusha 135 E. Harvard, Den. Resident No Debbie Blusha 135 E. Harvard, Den. Resident (Residence for Blushas is within No designated neighborhood) • ... I • - ( c • January 14, 1980 Page 15 NAME ADDR~SS K. Green 3275 s. Amelia Lopez 3265 s. Manual Lopez 3265 s. Vern Dodson 3262 s. Glen Dodson 3262 s. Pat Trujillo 4752 s. Elmer Bumquest 2895 s. • • • Delaware Delaware Delaware Delaware Delaware Logan Broadway OWNER/ RESIDENT Resident Resident Resident Resident Resident Resident Owner SIGNED WRITTEN PETITION ----- No No No Unknown Unknown Yes Unknown In response to questioning from Mr. Dill, each protestant stated he or she had not experienced any difficulty in purchasing liquor in any of the surrounding cutlets. Mr. Dill presented his client's case in protest of the application. Mr. Dill submitted petitions -Protestant's Exhibit A-containing approximately 3 ,100 signatures against the appli- cation. In response to Mr. Criswell's question, Mr. Dill did not deny some of the signatures may be non-residents. Mayor Otis declared a recess at 12 :05 a.m. The Council reconvened at 12 :15 a.m. Mayor Otis asked for roll call. Upon a call of the roll , the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent : None. The Mayor declared a quorum present. Mr. Dill called Mr. Robert Mcintyre to testify. Mr. Robert Mcintyre, 3140 S. Dahlia, owner of Old Town Liquors, appeared before Council. Under direct questioning from Mr. Dill, Mr. Mcintyre gave testimony in that he stated there was an adequate number of liquor stores in Englewood at the present time. Mr. Mcintyre went on further to state he knew of no substantial growth in the area to require another packaged liquor store, there- fore the needs were being met and did not desire to see the license granted. Mr. Mcintyre added the proposed liquor store would en- hance competition and result in loss of revenue for the smaller stores. Under cross-examination from Mr. Criswell, Mr. Mcintyre stated his customers came from different areas and not just Engle- wood alone. Also, he did not know what effect the proposed liquor store would have on his business alone • • I • - •• • • • • January 14, 1980 Page 16 In response to City Attorney Berardini's question, Mr. Mcintyre stated the relocation of his store, Old Town Liquors, to South Downing and Hampden would be in the two mile radius of what was the designated neighborhood. Mr. Dill called Mr. Ron Parness to testify. Mr. Ron Parness, owner of Glass Bottle Liquors, 336 W. Hampden, appeared before Council. Under direct questioning from Mr. Dill, Mr. Parness gave testimony that Glass Bottle Liquors had been established in Englewood for over 20 years and moved to its present location in 1968. Mr. Parness stated he was planning to expand his business by moving to a different location. Mr. Parness stated he had no difficulty in purchasing liquor in other outlets and there had been no substantial growth in the area to justify another liquor store. Mr. Parness stated he did not de- sire the license to be granted. Mr. Dill submitted Protestant Exhibit B - a map of the area and surrounding liquor outlets. Under cross-examination from Mr. Criswell, Mr. Parness agreed that the proposed location for the applicant was ideal; however, he felt there were too many outlets in the area at the present time. side. There was no further testimony to be given by either Council Member Neal asked City Attorney Berardini to provide case law on whether or not the liquor licensing authority can consider competition as a factor in determining the approval or denial of a liquor license. Mr. Criswell gave closing remarks. Mr. Criswell requested that Council consider the criteria he presented earlier -needs and desires of the neighborhood. Also, to consider the needs of the people who shop at Cinderella City but may not be residents of City. The existing outlets have already established clientele. Mr. Criswell concluded that the proposed store would not provide that much competi-tion for the smaller stores. Mr. Dill gave closing remarks. Mr. Dill stated the peti- tions reflect 3 to 1 against and he urged Council not to consider the petitions of patrons. Mr. Dill stated he had proven there were enough liquor stores in the area and that no one had had difficulty purchasing packaged liquors. Mr. Dill concluded the needs and desires of the neighborhood were presently being met and requested that Council deny the license • • D ) I • - ( • ( • • • • January 14, 1980 Page 17 30 days. Mayor Otis stated Council would make a decision within COUNCIL MEMBER HIGDAY MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: 1 :10 a.m. Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER FITZPATRICK MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at • • • I • • - .. ( • • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJE'CT -Retan Liquor Store License 701 W. Hampden Ave (King Sooper Bldg) January 14, 1980 Publk Hearing KPL, ln. INITIATED BY ____ ~C~i~ty~C~le~r~k----------------------------------------- ACTION PROPOSED __ P~u=b~l~ic~H~ea~r~i~n~g---------------------------------------- INTRODUCTION: KPL, Inc. is a firm organized to apply for a retail liquor store license to be located in Cinderella City Complex, on the west side of King Soopers. BACKGROUND: CONCLUSION: KPL, Inc. has made formal application to the City for a retail liquor store license. A background investigation has been completed on the officers of the firm, Arnold Kimmel, President/ Treasurer; Hannah Zipper, Secretary; and James Taylor, Director. All necessary documents have been submitted. A report of the petitioning completed by Oedipus, Inc., is included in the Council packet. Petitions have been received by the City Clerk's office which were submitted by a group opposing the issuance of this license. The application is ready to be considered at a public hearing by City Councn • I . • - • • • • ~:~t~·,mi DO NOT WRITE IN THIS SI'ACE - ,I -DEPARTMENT OF REVENUE I---. STATE OF COLORADO ( ' APPLICAnOII FOR A LIQUOR LICEIISE fhis oppliutiOtl nNISl IH filed wltlr 1M Colorado Liquor EtrfotU Dltltsiolr, ~ Oultol A,.,,.,. Bulld/rof, I 375 ~ Slrwt, Dul-, Col,_ 10261, to/epltoM (JOJ) UlJ.J741 . No lie- will IH gnmtod llflrillll• -'ialtiOtl,.,.., oppro,.d by Ill< ~ ~ --,. IWOilTANT: CHECIC THE N'I'ROI'RIATE BOX FOR THE TYPE OF LICENSECIIIEING APPLIED FOR . THIS IS AN ORIGINAL APPLICATION AND A COI'Y liiiUST IE KEPT IN YOUR FILES FOR REFERENCE WHEN APPLYING FOR RENEWAL UCENIIS. II fiETAIL LIQUOfl STORE LICI!--City 0 fiETAIL LIQUOR STORE LICI!--c:-ty 0 LIQUOfl LICE .. ED ORUG STORE -City 0 LIQUOfl LICI-D ORUO STORE -c:-,.. ~ •EEfl A WINE LICI!--City •EEfl A WINE LICI!--c:-,.. CLU. LICE- HOTEL A fiQTAUfiAJIIT LIC. -City A c:-,.. TAVEfiN LICI!--City A c:-,.. B "ACE TfiACit LICI!- AfiT8 LICI! .. I St77----'"'-...... StU ... .. ,. ,, .• .. , .. .. , .. .., ... su•• • 211.00 • 2110.00 s -.00 ,, __ ,,_,00 ,,_.00 • 2110.00 • 2110.00 -...... 211 .00 The 11nderslgn«/ hveby mtllfft lfPPiic«Jon frK 11 II*~ • ~ llfllooc, ~ tlw piTWisions of Title 12, Article 4 7, CRS 197311S tiiMflded, tad frK tlwlt PII'JIOW ~ t1w fon-Mtg ~ ro ttw ~ cOtrr.ltoed In this 11ppllcatlon. Ewry applk:tlble qwstlon l'ltiiSt be --.1. Any'-'--or,._,"-* 6y 11w ~ ~ perjllry lind the person mt~ltlng 1lldt ftllse strnement sub/«ts •Y llcetrse lsswd lt«Wtr ro --.. ALL,_ • ...,. • .....,_.-oa ~ITTa ...... s-why No.---------- . , 1. Nento of A~~P~DntC.I : _ __.la....a:P:...~rw..-...ixuwca.----------------------------- 2. T~~: --------------------- ....-x....-.: 212/489-8200 3. -of'*"" to be-: IE•oct Loution of pnmisn nN1St 1H rt-. Giw--nuntber • .,._..-e. If.,-to be- ill-in a-or..-diotrict.....,. it • .._..... to 1M 9pt aof!l-lllelol arid~ or pan of_,......,.. e. ___ ....,., Space ICS-2815, Cinderella {.;ity Shoppl.ng {.;enter 701 West Hampden, Englewood, Colorado 4 . Cltv or_, Englewood Zill<:o*: Countv:~Arl.IO.iAa:Qwaa~b&An.lle!;.. _____ .,...._ Colo. 6. II. 7 . •• II. 10. Mailing_, 65 West 55th St., New York. N.Y. Do you '-.. I ~ of the pram;.. tor which this -'!cation for 1-is ..-7 XXv~ 0 NO A,. the ......... 0 OWNED !kRENTED 7 If rented, from whom: Capital All i a nee Corp Is -'lcantlsl or all offican of the COfliO<IItion citizonlsl of the Unitad Stata7 1.1 YES 0 NO ·If •nswer It no, eave At•n•s R .. lltratlon Card No. Zill Co*: 1 0019 Is the -'icent. or ony of the ~rtnars or officanr.,stockholden or dl.-cton of said -'icent lit • COfliO<IItlonl or wnpl-of any ouclt undar the ... of -ty-ona .,_.7 0 VIIS ,_. NO Hal t1ta -'iclant, or any of the pan-. or otfican, stockltold8n or dl.-cton of said -'icent lit a COfliO<IItionl -._, -.vlctad of a crl-lnthe-.of Colorado oroi....._7 0 YES KJ NO "-isyaa,ltlltafull details: ---------------------------------- Has the -licllnt. or any of the partnan or offican. directors or stockholdan of aaid -'icent lit a COfliO<IItionl-: lal baon denied al-u-this liquor lew7 0 YES ~ NO lbl had on alcoholic-...~-.. ~ or ..... -7 0 va J:l ND If-isyao.axpl8in lan.cll -•• s1taat if ~I :-------------------------- 11 . Ata---now licened ..-the Stata Liquor LAw or a-Co*7 0 VII ltJ NO • 11-isv•.towhom llthel_i_7 ------------------------------ ~L-No .-------------------------------------------------------------------- • I • - • • • • • 12. Do you-o ColorMio Sute Solos Tox Account? 0 YES I!D NO If-is yos , g; .. Account No. -------------- 13. Do you or any fMn1berl of yOtM family neve a finenct.l interest '" env other ltquor licenlel 0 VES Cl NO (Such int•lllt rMy include eny equity interest or loen.) 14. 15. 11. lfmo~i syos,o~nindouol : --------------------------------------------- Does _.y ~ firm or gJ"poretion hew a tinenciel in.,... widenced either by k»M or equity ownenhip in the buli,... for which thil licenll is -"<1? LJ YES 14 NO If the en1W11r is v•. SUite the '*'*• eddnta .wJ .mount of such finM\Ciel i,.,._ e....-cteitMr in dol&en or other items of wlue. w.ed'l • in wen- tory, furniture, fixtures and equipment. (USo -rote_, if -vi: Lilt mo ---**-of oil--in which ony of the -in moprwM>us-tion ... in-. cu..--if -vi: NMto Businns A~ss See Separate Attachmen.~t~s~----------------------------------------- Ant-,._...., within 500 f-of ony --ocx:upied by o public or ~iol ocl\ool , or mo princillol campua of ony college, un-· lity Dl' ---.,? 0 YES Ill NO lf~isvoo.~n: ------------------------------------------------------ 17. Doyou-oONg-.o L-i-bymeColorMioStoteB-dof Phormocy? 0 YES !l:No 18. Ant you ar do you employ o Regis-.....,_ist in the S,.to of ColorMiol 0 YES IKI NO If voo. giw L-No. 19. IF THE AI'PLICAIIIT II AN INDIVIDUAL. ANIWER THE FOLLOWING : Cal Gift mo -·-(including city I-dote of birth of the opplic:ont : -of Appl-t Hom• Addnss & City Dot< of Birth lbl If--of m. --· •s not m. opolicent,-t he following : NtltM of"~ Hom< Addnss & City Dllto of Birth 20. IF THE AI'PLlCANT II A PAJITNEIIIHIP. ANIWER TltE FOLLOWING : 21 . • Cal Gift mo -·-(including city lend dote of birth of-P«tnor (use---t if -vi: Hom• AddT<ss & City Dllt• of Birth (bl Giw mo -·-l•luding c ity I and dote of borth of the mo.,_: Namt of MIIN9'r Hom~ Addrtss & Ci ty Dllt• of Birth lei -did uid _,_ship (except husbond end wile -t-.hipl commence doing bu-? --------------------- ISubmit o capy of mo ...-;p -~with this opplation.l IF THE APPLICANT IS A CORPORATION, ANSWER THE FOLLOWING : Cal ~tion is orgonized under the 1-of me Stote of Colorado lbl Principal busi.-is conducted at see aboye . County of ----------• State of ----------- o.te of filing lost onnuol ca<porote report to the Socretety of State: -IHI48ii,W7~C;;c;Q.,.~01PP.-•=.....;AAC;QNA~88-.0f~i.;lLea.;dL-~y~o~e;a;tt--------lei ldl Lilt mo _,., homo oddrea !including city I ond dote of birth for ooch of the officers listed bel-: NGm• of Off/cor Hom< Addrrss & City Arnold Kimmel Hoffstot Lane, Sands Point Vk~ent : . -· .. . .. '' Arnold Kimmel Hannah Zipper " 155 E. 76th St., NY, NY • Dill# of Birth NY 1/27/26 1 /27126 10/23/39 • I • - • • • • • , • ""-.'I, y ~ · _;, ill I ·lilt 811 ..,..._._..,.or controlling the-"'"'_.. of the ~.lndudo--or .......... ...._,.., · (Cofttinuoon--if-v.t · • • -, ,.,J of Stocllltoldn -Add~ss • City W Stoclr O.t• of ~rth 22. 23. :M. Arnold KUgpel Hoffstot Lone. Sands Pgint 10Q\ 1/27/26 ttl Liltell--.lnthe--.. ·~ .... --11~.1 '*-of Dhc--Addrns. City O.t• of 11/rth Arnold K~el Hoffstot Lfne. Sands Point. N.Y. 1/27/26 Hannah Zipper 155 E. 76th St., N.Y. 10/231)9 JUles Taylor 15 0a--~~ 11/26/34 -did.,..,.....,._orn.n_l,.mio-7 o ~,____--~~e'-: 11 ~.-"""""' Capital Alli.,. C.g Glwthe_of ____ ..._ _ _,_foryourquolificet ___ lityael--.-...the -of----k--. -oflfoformu Stephen Mann Samuel Perelson A-.ss (inc/lido city, shit• •nd zip) 488 Madison Ave., 488 Madison Ave., NYC 10022 NYC 1C022 Bgward I«•ter 77 W~er St NYC 10005 Lilt -your -oremployrMnt ·-for,..._ · .-n tU.--if -v.t Firm ,._ • Addrns Y<Nir ,.,sltlon O.t• Employ•d ~Ar~n•o~l~d~K~~;·~e~l~·~E~s~q~·--_________ Self-employed 1973-.. ,. _a~g~p~p~j~n~w~a~t~·~a~n~-~~~n~c~---------------E~x~e~c~~v~P~---1970-73 ..,jAbUIIICar~a~~oh~al5li!=r_:l...:l.'~C110o~._.,_...l ... 211.lOII....,jB110WILI;y_. • ...,..NXLit.lC--Acct. Exec. 19fil-1Q No . YHn Known oyer 10 vears OVer 10 years 8 ve•rp IF TMtS """'-'CA'ri~ IS FOil A CLU. LIOUOit LICeNIE, .MIIIIfl QUUTIONI.TMIIOUGH II. 'club_..--.,.. """lch lla bMn incoo-•1811 for-._-filoo _.,-"""ich lla-• -lp-lla peid-tor • .,...iod of M filoo_.,.,.. ........ torfiloo_.,..__..,._·_·or-of•aubl----,toralljectlof-.-·-· .,..notic,polital or.mletlc ...,., but-tor pecuniely lOin.-the-.• Mllathe-ggoo of """lch belo,. to ........... Aleo,e dub IMY .flit • _,...aliolo ~ io • -terty---or ladgt or"'-of • --....,.imion, """ich lla--_,for the abject~ of • --·a.,ha~~~ or-.,, but-for__.,~~~"· 25. St8te the---of principel olfic:en of aid _.icent 1--witlo the olfi .. loekl of aid pereone: 28. 27 . 28. 29. 1. 32. • ,._ of Offlc•r Hom• Address • City omco O.t•of lllrth MANAGER Stete the-end.-of the diNC:tOn or t.-of uld _.icent -niutlon. tU. _.ta-If ~.1 NGfM of Dl~ctor I (rust .. HorrN Add~ss • City O.t•of ~rth ~~E~~o"'lllniDtion _.ted solely for • netionel,ooclel, freternel, petriotlc, pollticel a< etloletic pu-end-for pecunlery llinl StMe ..,_,__.of aid duba<_..tion .,..._., rllgUier,.tingoof .....-.or by the-of director~ or other _i,.~ or in whet,__.....,_..,..,.._, StMe ....,_en. initiation fM Ia peid to MCUro -..,ip in uid club end the -nt thereof:----------------------------- Stete the ennuol do.a or.._ peyeble by ......-a of •ld dub fa< audo ,...,benloip: ------------------------------------ How lo,. lla _....,t occupied.......,... to .. licenad • • dub7 Ooeleny diatillery, ~ a< "'-'t, w1-v or..........., '-eny dlriiCI or indirect flnenc:lel inMnt in the butlnea for wlolch tloil _._ tort_il_7 Oves ONo · Jf 11-ltyea,oiiPiein: r • I • - - • • • • • IF THE APPLICANT II A MANUFACTURER OR WHOLESALER, A-R OUEITION& 33 THROUGH 31. 33. Since-dote hel eppliQnt occuped p<emi-to be IM.noed7 34. Ooet eppliQnt .,_,-or -ete any -rehou• or otorege plant in connection with Ito bulinns? 0 VES 0 NO 11-iiY•.eive-lo: 35. o-the epplicllnt Cor eny of the pen-.. olficllrl, director• or otockholden of •id epplicllntl have eny direct or Indirect fiiWICiel i..-in the -of _.ling -'t, winoua or apiritoua liquor et ,...117 0 vu 0 NO 31. 37 . Ooet the epplicent Cor eny of the pen-., ollicllrl, di~ or otockholden of eeid eppliQntl have env in-in env -winery. br-v. distillery oreny reteilliquoreoubliahment7 0 VE5 lJ NO Doenv of themown.ei-dirKtty or lndif8Ctfv, in whole or in pen, the p<em;o. to be occup;ed by the epplicllnt or eny of the fixtufft7 0 vu 0 NO Ooet eny o-. pen owner, ahoreholder or peraon in eny-lnt-ted in eny-winery. br-rvtidiltillery or reteilliquor .....,.iahment, he,.. eny direct or indirect financiel internt in the business for Wllllhich this ~ic8tion for licenee is rMde7 vu 0 NO If enswer il v•. giw deuifs: 38. To-Coloredo .....,._do you intend to ahip your ....--1 39. An you the pri...,., _,..of aupply in the U.S .7 0 VU 0 NO AFFIDAVIT being by nw firlt duly -n.lf tor himoelt, ~end oeya : thet he 1s the eppliQnt--·or-he io (rlrll) -"""P-.ro.elii.isa.1 .. ·~o~dueiinl.l.lt ___ _ of the ebM 'ilemed oorporetion; thet he hel reed the lor•ng eppliQtlon end thet he knowo the contento -.at, end -ell metten end thinga therein _,forth ere true of hia own k,..,.,... and he-to conform to ell rulea and ._..,lonl promulgoted by the s-~of R-ue in....,_. tlon--h. ATTACH SEAL __ ,.f.QLTH.MlC1:4AELSON My 'iflltll'f"l"((~"!tllte ot New Yortl No. 31·268-SB!lS ~1. irt Kin&uCo. CtitiHC3 .@ iiled Iii IU;w' i&i~ Comm1&S.on Exp1res aurch 30, 1 ~ ~~-~~~-of~---.... , c...__...,. .... , K-P-L, Inc. BY: Mldent ) CCOIIIPOIIIATE SEAL) REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (Monuft~ctur~rs. tllhol'sM'rs, impon'rs and public tiYitfJPOrtrltion systrms dlsrepd this s«tlon.) The foregoing epplation hel been exemined and the prem-. bua"'-c:onductlod-c:harecter of the epplicllnt Is _,ilfactory end-do-' thet auch li<»n•. if granted, will mMt the-e requi,_tl of the....,_-the deli'" of the inhebitantl, and complies W.,. the.,...,.._ of Title 12. Article 47, CRS 11173 .. --· THEREFORE THII APPLICATION IS HEREBY APPROVED . O.ted at this dey of ------------, A .D .111 --. AT =--------------~~~~~~~--~---------------- (Name of town. city •nd county) ATTEST :~~~~~--~--~-~~~~~---~--------------- CCierk, _,...,or ot-offlc. havlne the offlclllt-of-,_.... -lty.) 5" ~~·~ .. --a-cw city, the---ahould be olgned by the nwyor end clerk; if In._,,-. by the-of the 'lCIJ"nt\f -•=•-••end the -k to the-· II , by ordl_... or otherwi• thelocell-.;., ., ........... io--offici.t -euc:h-~ --~ ' ~ .... by-officiel .l • -~ u-"Y • - • • I • - • • ........... _.l ., Arn:>ld KiJmel KPL, Jnc. 65 West 55th Street New Yorlt, NY 10019 Dear Mr. I<i.tmel; • • • ----------· I ,,. ' ~ - i q' c 1 2 ~ --------- 'I t I\ '! ,: Pursuant to the provisials of the Coloram Liqu:>r Code, the applicatioo for a Ietai.l Liquor Store License by KPL, Inc., to be located at 701 w. liaJillden (Cinderella City ShcR>ing Ce'l'lter, space KS 2815), will be CXll'lSi- dered at a pmlic hearing oo January 14, 191!0 at 7: 30 p.m. '!he plblic hearing will be heard by the local licensing authority, the Englewood City Cotncil, in the Council <llilr!Ders, 3400 South Elati, Englewood, ro. '!he results of our investigation find: 1. KPL, Inc. is authorized to transact business in the State of Coloract:>. 2. 'Ihe officers of KPL, Inc. have been investigated by the Englewood Police ~t. 'Ihe investigatic:n found no criminal re<xlrd oo the officers. 3. No license for this locatioo has been denied in the past two years. '!he awlicatic:n is CO'ISidered to be in good order and ready for presen- tatic:n at the J)I.Dlic hearing. 'Ihi.s letter should in no way be construed as approving or denying the applicatioo. 'Ihi.s decisic:n rests with the Englewood City Council, and their decision will be rraae within thirty days after the plblic hearing. ~c:~',· 2/ ~~ Gary R. Higbee Director of Finance cc: J<iln Criswell -3780 South Broadolay, Englewood, CD 80110 CERl'IFIED MIUL • I • - • PUBLISHER'S AFFIDAVIT ·~II\ I I Of COl 0 11/\DO. • ,,,,, t.OUII I YOI I OLEN L •. -BELL .. do solem nly swe!r !hall am the Co-Publisher or .. .. Englewo4 Senein!!!l thai the same is a weekly newspaper published 111 I h e C1 1y of .. Engl.ewood .... Counlyol State or Colorado. and has a general circulation !herem: thai sa id newape~ hal been pubtiahed conr.nuously and untn terruptedly in .. ,d County of Ara~u•hoe · lot a per ta d of more tha n 52 weelc s pr~or 10 the hrsl oublt cat to n of the anneced notice. fhllt u id ncwsp~per •s entered tn the post othce at Englewood Color 'ldo. as second class ma•l matter and that the s.11 d newspaper •s 3 newsp aper wtthm lhe mean•ng of the act ol the General Auembty of tne State o l Colo rado. approved M1rch 30, 1923. anu e nt•tled ''Legal Not•ces and Adverltsements" and o t tter l:.oCt:i relating to lhe p ri nting 1nd p uOI •sh .ng o f legal no ltces and ad vert•s me nts: lh<lt the anne•ed nohce w a s p ub lished in lhe "·nul;tr :llld t-nlul" S'>ues ot s;ud n e wspaper. , uu• ••.tcr• weo•k on the same doy o l each week 101 Il l(' pl'rlOd O l l ~ft •nse rt1ons: that the first t.w:;hcat.on o l sa1C newspaper elated December 12, 1979 an o '"e 1 .• -.t r'ub••c:H•on of sa•d notice was m the •ssue of December 12, 19 -79 ,l''/7]/.1 ./...?? _P--r'j 'J.,(.,,,.d:<-~~~T,IIo Suoscnbed and sworn to before me, 1 Notar., Puhh(, Ill•~ 18th . day ot • I • • • I IIOTICa OF PHUc "~ .... ..................... .......... ,...... .......... ,....., .._, 14, 11M, In c-:::...:.·:.: ~18-,-. I ... ..... .... ........ IU'L, , ..... c-.... Cllr c..,..., 1~:::_.•-.·-····n....--............. ,........_~ ........ ....... "-o ........... IIY, ..... ., ..... _1m,. ,.___~ ........ ....................... IIY, Dlllae181r111-1m,. ~-........ -.. 1. L ,_ ....... IIY,IIY, Dllla ....... _1.,.,. Cutlll ..... ..,......, .... FFI I 11 ... Cllf C... ................. ~--............. ~ ............ .. ...... .......... .., ~,. ..... All$ er .......... '!'1111,..... .............. ....................... ... ,........ ... "··-··· Dt' I ....... !J!!I~ .. .. 7:11111:111:., ......... Cltr C••••tt •• '"• cur •• • .......... C......,etttt ................. 1178. ~==LIIHaD: D•niMl•r 11, ................. • I • - IACICGIIOUND INrottMA TIDH REPORT City of Englewood 3400 South Elati Street Englewood , Colorado 80110 • • • CORPORATION Otr Cl_.'• Dlflce ----- AMoooollec------- To lo Prlnte<l ly Appllcont Doto ef Appllc----'---- 1. "-_K..;;;i..;.;nun=.;e;;.;l;;;_ ____ ...;:A.::r::.:n:.:.o=l-=d:__ __ -!.(!::N.=o.:;n:.::e:.!) ___ 2• "-Telephone: ( 516) 8 8 3-3 9 8 4 leal tint •l.WI• :1 .._~....., .. , Hoffstot Lane, Sands Point, N.Y. 4 F..-: 1953 to present s ewr .. , Oc......_.1 _.A.,.t .. tw.o.,.r_.n..,e ... y,_ ______________ ..,,,~ e .. l.,•: Se 1 f empl ayed 1. luolnoooA.UN.os 65 West 55th St •• New York City 1 luoinonTe..,._., (2)21 489-82aa t """''•••'• s..: _M...,.a .. l..,e.._ ____ 1o. Appllcont'o Roco: _tui~hl.jio.Jt~o;e.._ ____ ll, S.ciol s. • ..,,., -. a 7 7-2 4 4 54 a 12. ""'lcont'o Holthtl 6 ' 3" 13. l.pplicont'o Woitht: 2 0 0 1•. Holr Color: _.G;~,rlo..!Oe'.lly--'---------- 15. E,. Colen Brown 16. Appllcont'• Piece e1 lirth: New York City 1u. C.t,,. ... ,.;,.,_--"UL.o·uSOLa.. __ 17. ""''-''• 0.. ....... 1/22/26 11.0.1•.,'oliconooN-'-: K09478 57150 451176-26 New York No "· S.... ef Ia-. t. Dra..'e L'-••-...:.=;;_.::.;=:.:...--20• Has Y..-Oriwet'a Licen .. Ewer e..n iu~ • Re......,?: _..:,=----- 21. II Yeo, S.... -. • ..._...,. llloy: ------------------------------------ None :n. ll., All A.Netos CU.. .... -1-llnoconory) ------------------------------- ll ....... -. ....... riNI 01-oltlon:--------------------------------- 21 Llot All Ci¥11 "--..._._, (iroclv4iroe 4i....,oo) AI-With -· on4 A.U.ooooo of All Litieonu. o ..... Plecoo on4 C..ooo el Action: --- None U. ...,_t'o ...... ef Mill_,. lor•ice(il wlc .. lo): --41~1to------------2S. T-el S...ico: -------- Jl. T.,. ef 01 ........ : --------21. DolO of s..-otlon <>< Oiochor .. : ----------21. "'-o?: -------- 29 • ..,.._ ~ --------»· lht All PteviMta Stetea Realct-4 Within (incl~int t~~ilitcwy service): ------------ -Arnold Kimmel, Esq. Hoppin Watson. Inc Abraham & Co. ....... position 65 \i. 55th St. Attorney-Self employed 1973 to present Exec " P 1970-1973 120 Broadway, NYC Account Exec 1 961 -1 g7a J2. If E.., 01 .......... F,... • '••ltl_., St ... Whe.-e, WhMt en~ Reeson: -------------------------- u........,., '~'-• .tlchool "-·· 18 3•. o,,,_"' o. ... •-~-= -'B!::!.!.•£A~·<-L• __.L~.~.wL ....... ,.,B~:.: • .__ _______ _ Deto ~ ,,.. Kith w...t: 19 4 4 36 . No-of School F..-Wloict. Gr..._ID4 ., Loot A.......,., N • y • U • Law Schoo 1 ~ ~ Washington Square, New York, N.Y. -,r. ......... -..... Manufacturers Hanover 530 Seventh Ave. Chemical Bank 277 Park Ave. • ... ...._ 997-0680 922-6654 • .,,. .~ .. -·-_._ Checking 7022587084 006271685 I • • - - •• IIACKGROUMO INFORMATION REPORT PAGE 2 • • • -...... tel....,_ eceewtt Roger Findahl American Bank, Tulsa, Okla. 492-5500 American Express 371012716591009 Joseph Pollicino Manufacturers Hanover Trust 530 Seventh Ave., NYC -... tel...,_ Howard Lester, Esq. 77 Water St., NYC 344-5700 Samuel s. Perelson, CPA 488 Madison Ave. 758-4999 Stephen Mann, Esq. 488 Madison Ave. 935-9764 .......... 8 years Over 10 years over 10 years 41, loy..,, Rool ..... co o.....lor R..,te4?r _,Ow....,...,n,.s._ ___ 42. II Ren~e4, F,.,. ""-• --------M4o.oo: ---------- •• .......,.O.Box 1499 ..._.t~Chnrch St Sta AJ. '• y..,, Ro•l4enco ... ,.1,114? _YI.:el:.l;ISi....-_____ .._...., N.14o -._...,Prudential NYC .. 1~·----------------------------- u. 11 v-R •• , ....... '• o_.., s .... uo '-• ...,..., v.1 ... w -...ITentl..,, _.Sil.ol3:..51.!0l...l..•l.IO~OI.l0'----_..JTuaa;xGe'-1;sL-=-.iSuli.JO.u..~O!..IOL!OiL ___ _ • ....,.,,.eltleeipet._ citr ·-Various -in excess of $500,000 equity 47. Hoo ~lic•t E-Uoe4 A.tr Othet N-(o): --"""'""------------------------------- II ~licoWo, Llot N-(•) U.e4, Wheft en4 Wlooro : --------------------------------- AI. Mol4on N-of S.ov•• or Applicentr (whlchovor lo ..,pllcoWo): __ N=o;;;.n;.:e:;._ _______ ..,, S...,oo'o Full N-: -------- 50. Spouoo'o Place oflll,.h: ------------------51. S...,oo'o Doto ofllirth: -------------- City 52. Moth .. '• Full "-"' __ ErnrnlidlllWaiL...s:Kui~o~mmllli!ISeul'----------53. Ooto olllitthr -~l,_BfiUlBu;B._ ____________ _ 54. Fothor'• Full N-• __ Hw;;ean.lorl..v:t-.JK:-.1"". mmWIIISe:...l~o..... ________ ss, Doto ofllirth: __ l,_BiiUl6u;6._ ____________ _ 56. If Att•Uc•We, Lists. •• Aece, Heltht, Weitht, Hoir Col., .,.., Eye Color of S,.use1 ----------------------- 57. Llot No•olo), Ooto(o), Ploco(o) oflllrth on4 AddNn(o•l of All Ch114ron : "'""-4oto of ~lrth cu,...t o4droes Lisa D. Kimmel 4/21/57 H ff t t L S d · ~~~--------------------------~~~~~--------~o~~s~o~~a~n~e~,~~a~n~s~~P~o~J.~nut~.~N~.~Y~.--r Henry W. Kimmel 4/19/60 ------------------------------------------------------------------q • I • -• • .. I • ., Liquor License Applicants Only, Answer the Following Questions: f· Describe in detail the Building containing the premises to be licensed: a. Type of construction:.._-;-__ ......JC-.:.J..i nnarleeJ:r--llBul.cau::c:Jik'-------------------- b. For what purpose used: ___ 7R:Ue!.ltt:.Ja:u..i .Ll-5¥-taa!=-reec._--::---:---:-:---:------....-. ..... - c. Specify the fioors and rooms (or areas) where alcoholic beverages will be sola,-- served, and stored=------------------------~---- 59. Who owns the land upon which the licensed premises are situated?: Provide full name, residence address, and date of birth~api tal All; ance 60. Will the Applicant, or anyone else, conduct any business other than the Sale of Alco- holic beverages on the licensed premises: __ ...,.'------------------- If so, State the Business, includinl! the full name, residence address, and date of birth of the person who is to operate it: ____________________ _ 61. If the Applicant does not reside in Colorado, provide the name, residence address, and date of birth of your authorized agent in Colorado upon whom service of process can be made in any proceedings against the applicant pursuant to any statute, ordinance, or regulation applicable to the conduct of said business: _____________ _ 62. Has the applicant agreed to permit any person to receive, or agreed to pay to any employee or other person (by way of rent, salary, or otherwise) all or any portion or percentage of the gross or net profits or income derived from the business to he con- ducted under the license herein applied for? If so, state complete details. _____ _ 63. Identify by name, address, and date of birt h , the manager of the concerned premises: 64. Are the premises owned or leased by the applicant? If leased, state from whom, including full name and residence address if applicable, Provide complete details regarding the lease agreement: Leased from Capital Alliance co. • • • I • - - • • • • 65. If appllcllble. state In detail an:y form of Entertainment to be offered: None 66. Do you have an:y direct or Indirect financial Interest In any other business •. partner- ship associ&tton. organization or corporation. which has a retail liquor itcense or an:y financial Interest ln a retallllquor Ucense ln the State of Colorado? YES N0 __ -4------ If answer la YES. llat full details of an:y such lnterest(s). _______________ _ ----------------------------------------------------------------------- 67 • I hereby acknowledge that I have obtained and examined a copy of the Colorado Liquor Code (Chapter 75. Colorado Revised Statutes. 1963). (NOTE: Copies of the Code are available from the Colorado Department of Revenue) • • I . 1/ -• • • . ' SUPPLEMENTAL FORM FOR CORPORATE APPLICANTS Date: __________ _ In the case of any corporation, the stock of which is offered for sale to the public, the requirements of Sections 6, 7, and 9 may be waived by the City of Englewood for reasons of administrative necessity. 1. Name of Corporation:_;..;K;.;..·;..;P;..;·;..;L;..;•~·~I;.;..n;..;c;..;. __________________ _ 2. Trade name, if any:-------------------------- 3. Address of Corporation:_~3..;.7..;;.8..;;.0....;;..So.;;...;..._B;;;..r;;;..o;..;a;.;..d;;.;w.;.;a.;.,jyL..;,~E;;.;.n;;.;:g:..;;l;..;e;.;.w:..;o:..;o:..;d;.:.,__;;c...;.o...;.l..;.o..;.._.;;..80.;;..1;;;..1;;;..0.;;.._ __ 4. Name and address of agent for service of process: John Criswell, Esq. 3780 s. Broadway, Englewood, Colo. 5. List below all directors of the Corporation during the last two years: Name Home Address Business Address Date of Appointment and Term Roffstot tane Arnold Kinunel Sands Point, N.Y. 65 w. 55th St. Hannah Zipper 155 E. 76, NYC 488 Madison Ave. 15 oakley James Taylor swmnit, N.J. 07901 30 E. 60th St. If additional space is needed, use a separ~te sheet. 6. List all promissory notes and debts greater than $500.00 of the corporation other than amounts due and incurred within 60 days of this date for food, liquors, employees' salaries or supplies. Amount Name of Creditor Address of Creditor For what was debt incurred Date debt incurred Is Debt Secured I will make a personal loan to the corporation from my own funds to cover construction and start up expenses If debt is secured, state how secured, date of security and by whom secured on a separate sheet. 7. State sources of all necessary business expenses and costs: (a) Payment on lease or real estate loan: __ <:..:s;.;;e;.;;e;,_;;6;,_;;a;.;:b;.;;o:...;v...;:e;.:.l _______ _ • I . - •• • • • • (b) Payments for all fixtures: __________________ ____:c_ (c) Payments for all furniture: ____________________ _ (d) Payments for all bar and restaurant supplies: ___________ _ (e) Payment for all employee salaries: ________________ _ (f) Any additional expenditures: __________________ _ 8. Is there a written management agreement or contract? ____________ _ Yes No._~------ If there is a written management contract, a copy must be attached to this application. If there is no written management contract, a statement must be provided detailing the oral management agreement, including the managers authority, responsibilities and limitations. 9. List names of all stockholders for last two years: Name and Address Type of stock interest Consideration given S of Corporate for stock per share stock owned All stock is owned by Arnold Kimmel Date Stock Acquired Is Stock Pledged If stock is pledged, state name and address of person or entity to whom pledged and terms thereof on an additional sheet. If additional space is needed to name all stockholders. use a separate sheet. 10. List names of all officers for last two years: Name and Address Office Held Date of Appointment Arnold Kimmel President and Treasurer Hannah Zipper Secretary 11. Has the corporation, any officer, director, manager, entity, or stockholder owning or controlling lOS or more of the capital stock of the corporation been adjudicated bankrupt, entered into a "wage-earner plan" pursuant to Chapter XIII of the Federal Bankruptcy Act, or made a general assignment for the benefit of creditors during the past three (3) years? Yes No x If the answer 15 yes, please explain ful .... ly_o_n_s_e ... p-a-ra..,t,_..e sheet. 13 I • - • • •• • • • • INFORMATION CONTINUATION SHEET (Identify number of item continued) I certify that the facts contained within the foregoing background infonmation questionnaire are true and correct, and I understand that any falsification or misrepresentation will result in a rejection of this application or revocation of license for which applied. ./J ! A_ L~LL ~ {,/'-rD'i App11Cirit5gnaf76re Oa e 1 Sworn}jfore me _this sJ ~ ~ay of . J}c-vr'--f _ , l9 ?9 by r_l/ LAvr-(.d( !;~--vltAl-'-~f!... 1 / Name of applicant Nata EDITH MICHAELSON My c011111ission expire~~-P ~~ess~1 qr ~?"' ._..., C • r.r ca :e l ihl · N · '" '"II' Co SEA ornm;5 -. • '" ""' York Co · L ···'· b.,>ire• Arlarch 30. l=f/ • I . - • • • • RESULTS OF INVESTIGATION POLICE LAB COIIIPleted by:--'-d'-+,V-'f.....;.· '..:::1!-~1. _____ _ Date: ____________ _ ~ Fingerprints ( ) Photograph C~nts=---------------------------------- INVESTIGATION DIVISION Investigator: ilut !ilc.f.&NIVA«' cc.~ents: N~ l.....J11Ni~ 0tc ?'4m,,-,.,.AJ , h?,·ro"d /Yc.;c ".r C<.J c. . tl&~ F '.t . I /fAn ..J'IliU,--.:ztns..:.-·, ,..;v, ::£ v --------------------------------- OFFICE OF THE POLICE CHIEF Investigation has been reviewed: ()<) Approved chieo ice CITY OF ENGLEWOOD ;s-' I . - - • •• • • • ~~ ~~~ //tftf~~ ~~~~NltJ22 TO WHOM IT MAY CONCERN: June 26, 1979 I understand that Mr. Arnold Kimmel is applyinq for a liquor license in Denver, Colorado for a corporation which he is forminq. I am pleased to act as a reference for Mr. Kimmel. I have known Mr. Kimmel, both in business and socially, for 15 years, and I know that he is of the hiqhest character and inteqrity. SM:hz Very t~uly yours, ;./ / .: :.:) __.-/ ~ t ·. •-" IL <.... - Stephen Hann • I • • - - • • SAMUEL S . PERELSON. CPA RALPH A . REMMET. CPA • • • PERELSON M REHMET CERTIF"IED PUBL.IC ACCOUNTANTS To Whom It May Concern <488 MAD ISON AVENUE NEW YORK. NEW YORK 10022 (212) 758 ·A9Qi9 June 22, 1979 Mr. Arnold Kimmel has advised me that in connection with a liquor license application for a corporation which he is organizing he requires a character reference. I have known Mr. Kimmel for close to ten years. Our relationship has been professional and social. In every aspect it has been a delightful, enjoyable and rewarding relationship. Mr. Kimmel is a very special person, and I feel privileged to be regarded as a friend and confidant. Shared business concerns have dictated that Mr. Kimmel and I spend a fair amount of time traveling together. Our social relationship is such that we have been at each other's homes innumerable times. Thus, I have had many opportunities to interact with Mr. Kimmel and to observe how he deals with others . Furthermore, my office prepares Mr. Kimmel's income tax returns. Based on all these factors and exposures, I can state without reservation that Mr. Kimmel is a person of great integrity, standing in the community and of enviable character. SSP:bh I • • - •• • BOWARD L~t•T&a H AJtOLD t..a Sc •••• MaL•IJf K.An T80MAS P. DwTaJt £leOII 19NI SAOL GoLDST&r. S A U L WIL&M.aY J•••• J IIA.-I•OTO• • ALLAJt f u oaw • AalloLo I . JlAn PAT.IC& A LYOW8 8AaiiT W 80IIO'WIT2 R•c•••o £J1JcL&aJC:o CaaaSTOPK&Jt f'. Sc•vLn • D•••o M. Scauu. .. a STirV&W B . PlnSTOWII&Y STavaw J. Rtca ROMJII'IB L.B&-OJf o AUIZJtT R. Jo8Jf80M, Ja ~ • A1.8o ADifrntD ILL . • Al.ao ._...,... CAL . • ALeO ADJfiT'ftD ........ 0 Auo~ru.. • A&.m ...nTSD C.O.. • • • LESTER ScHWAB KATz Be DwYER ATTORNEYS AT LAw 77 WATI!!R STRI!!I!!T Nzw YoRK,N.Y.JOOO!I June 27, 1979 TO WHOM IT MAY CONCERN: (212) 344 5"100 C •a~a Aooaase: L&wL&~a T&L&X 42&118 I have known Arnold Kimmel as a neighbor, friend and business associate for almost 20 years. All of my personal dealings with him clearly establish that he is a gentleman of impeccable integrity and unimpeachable moral standards. Mr. Kimmel's associates are all people of stature and leaders in their respective communities, whether in New York, Europe or the United States. He has no associates who, by impli- cation or otherwise, are connected with any criminal element. Not only have I visited at his home and he at mine, but I have come to know him and his .family as well as his various business associ- ates over the years. My personal observations have been reinforced by discussions with others. His reputation for veracity and integrity in the business community is unexcelled. I know of no one who is more qualified for a liquor license than Mr. Kimme 1. HL:ak SincP-J:ely yours, "; i ! /f . ;1 : 'II Jl'owJd Lester I • - • • • ~.\C<'..;ii:O U :-l :J IN FO ~"*.\T :C'i RE.POH r ,..:.,u ''i •::1-c' -'•"O '"'~; ......_,_ ....... ~-· ~.J -·11: ..... :u J:~fjJ Sou th El cl :l S t r ecl~ F:r.g :~·.ie-oc.l .Col o rad:J 80 110 • • • CvP.PORI\"i'IO!i Gry Cfer\'-a OHic:e ---- TyfMI of Appl icatio n ------ Ac!dreu/Loc:tti~ ----- 21. If 'I'••, $t a te '*~•"•• Wh•n ond Why : ------------------------------------------- 21. Li:ot J.ll Arreat3: (Use additiortol poper if neces<~.ary) --------~-=------------- 24. A;o;.l rc.m t 1 • Or .:mcl. of ~lilitotr s.,..ie• (;f oppl icobl•h -------------------21\, Ter1111 of ~rvic,-: --------- 2.), Ty ;. .. uf Oi u:!-.urC"': -----__ 27. Do1• v f St·p•.Jtation or O i$,:·wtg ~t : -·-----------28. Wh..,e?: ---------. 29, ~.r ..,fc• H urnb.r: ---------30. lbf All Pr~YiO"-' 5tllhU R t.~,i':'!,....f WitiH n (;f'cludi"g mil i r-ory •.:•Yice-): -------------- ------------------------I • • - • • ti"'• known 7 .ist AI: Roal F.stoh Owned 0~ Yo"' or Your Spoulo•, or l u1y f!e~l i:stote In Wh ich E:H~•r Ho·s Any ln to,~t: cit)' stat• 1,3. Moid•n N.J:r~• of Spou .. or Arpl ic O"t: (..-,Iehner n oppticobl.): --------------''·Spouse's full H.,..:---------- 5 ~. s,o-.s .. •• Plec.• of Bi,th· ----------------------51. Spouae'• Date of Birth :---------------- 1~ , . Stoto :: ::::::: :::: ::::~ai;"""%~ : :~~: ::::· __ i!...J~L4~~~;L7'~~:..L/..:Z...i.i.L_Y ______ _ ~ ., 56. H .\ppl1 c.o~l,, L is t S••• Roc.o , H•lgh t, W•i]ht, Hair C ol or or.d F.y• Color of Spouse:-------------------------- full ut~on • dar• of bi"h cu,ent oddreaa I • • • - • • H IF01111A TION CO NTI NUATI Oi l SHEET (I dent ify number of item continued ) l My co mm ission expires _________ _ I . SEAL t-Ol t·r . t ·~~"';,~~--~-·. · ·., .. _; r:. ,·. ·-·', .. Ew YORK 0 ... ,,. . -.-. -·-.o Ca · .... ' ·' • ("' t Lt; Co unty mm t s~ .... :. w.~.t ".; .-. ... , .. ,1 J~. 19111 ., • • - - • • • • RESULTS Or IllVESTIGATIGN POLICE LAB Comp 1 eted by: ___i¥__,.y'-JA<::...61J'------l>q Fingerprints Date: _____________ _ ( ) Ph~tograph Comments: _____________________________ _ HIVESiiGATION DIVISION Investigator: !1,H IJ,lc..Lr.NoM~ Coments: No /VGIC. I<ALJ ..fNro·s , /Ve• , GtU«, /J. A A OFFICE OF THE POLICE CHIEF • dtueH.cNL ¥= Nl/~1) , UJAJN'.t'J , ._LuiY<.C:.,C~C.€ -t::::.N~Gt: e~~-9& tfc.&tt:£,•("-.i lnvesti~;!tion has been reviewed: (){) Approved ( ) Disapproved Ch~-t,1rN.k -it'!;_, CITY OF ENGLHIOOD I I I ! j I . - - • • • • SAMUEL S . PERELSON 16 SUTTON PLACE NEW YORK CITY. N . Y . 10022 June 20, 1979 TO WHOM IT MAY CONCERN: I understand that Miss Hannah Zipper is a director of a company which is applying for a package liquor store license in Denver, Colorado, In connection with that application, she has requested that I act as a reference. I consider it a privilege to so act because in the 12 years that I have known Miss Zipper she has on many occasions demonstrated,exemplary character and unusually good business judgment and, insofar as I am concerned, integrity and honesty of the highest order. In addition, a firm of which I am a partner prepares Miss Zipper's income tax returns. Thus, I have insight into her business life and have found that experience to only reinforce all the good feelings I have about her. I . - - • • • ~~ ~~~ Q<f<f~~ ~~~~,tJtJ22 TO WHOM IT MAY CONCERN: June 20, 1979 Miss Hannah Zipper is a director of a company which is applying for a package liquor store license in Denver, Colorado. I have been asked to act as a personal reference for her. Please be advised as follows: Miss Zipper has been in my employ for 11 years. She is in total charge of my office. She handles confidential material, does all my bookkeeping, including handling various books and records of corporations and also does para legal work. She is highly trustworthy and honest, and I depend upon her good business judgment to run my office when I am away on business. Very truly yours, I , ' , (. !-,~ -~~ ·-''-' Stephen Mann SM:hz I . - • • • • • • ._/e~J~ M~,..., ,_/! ../.:,_. #d'tf>~~e-/od :7~ .A:-;1/_,t_ ._A:_ W-.t /~~.?.? June 21, 1979 TO WHOM IT MAY CONCERN: I have known Miss Hannah Zipper since 1973 and have worked with her since that time in a professional capacity. I have found Miss Zipper to be a person of unquestionable integrity and honesty. She has constantly shown her dedication to a job well done, and I would have no reserva- tion in recommending her for a packag e liquor store license in Denver, Colorado. /'" Very tr ~ your7 ,, 1 , ~ 'I /\__A ' fd _ I Seymour Israel • I • ..-. . - • I : S ,\C'<Gil"UND INFD:l"ATIDN REPORT CHy o1 Er.glawood ( 3~03 South Elali Street Eng ie wood .Colorado 80110 • • • To II• P .. tn,•d 81 .Applic-.t CO RPORA'i'IOH Oty Cleo\' a OHI .. ----- Yr.,. of A,tpl iceti ... ------ AcW .. ooiL.ce------- Doto ., ... ,.u~-SE: Pr .!". 4' ~1 t. H.._. --"":T:'lalo.ly~1""a.....,r ___ __.J,_am~~~~ou;e;,;sa_ ____ _,A:L,, _____ 2. Ho'"• T oloph-. 2 01-27 3-510 4 lost f~t•t Mldcfl• 1 H .... AJJ•us: 15 Oakley Ave. SUI"llllit, N.J. 079014 F~: ~8~-~1~9~7~0 ___________________ _ s. cu, ... , Occu~•'""' Investment Banker 1. Bvotnno A.ldceu: 16 0 Broadway ~. Y. ~.Y. 6. Emplorec: Crossrnan-':'haddeus Corp, 101J38 1 Buolnou Tel .... ..,o: 212-267-5317 '1 Applicent'• s..: _..:,M:.:a::..:l::..:e:,_ ______ ,o, Applic ... t'o Race:--------"· Social s.c ... ity N-....,055 26-t\856 12. Appllcant'oH•ialoJ: 5 ' 10" 13. Applic .. t'o Woi,h" 2'-1~7_,;l:;.b::...:''------14. Hoic Co!oc: ~B~r;,:O::,I<:::I.!.n!..._ ________ _ 15. e,. Coloc: Brown 16. Applicant'• Ploco of Bicth: ~rytown. N.y. '""' C.lot•··~"~·-.JI..LIS::.._ ___ _ 17. Aj.~licant'o Dele al Bicth: 11-2 6-3 4 18. Dci•••' • Liconu N....,boc: TOUI"'9!..!6iL4:r.... ..... 301.;81!...03~61..li......Jl~lu3.!14t..o2:.._ _________ _ 19. St-el fo-foe Dci-'o Llc.. .. : __ N_e_w __ J_e_r_s;;.e~y __ 2\l. Hoo You, Oci•••'•lic~••• f .. , a ... Suo,...4od"' Ro .. kod?• ~~llQ~---- 21. If Yeo, Stete Wloere, Wh ... oA4 Whr: ---------------------------------------- 21. Liot All Ac..oto: cu .. eUitieoMtl .,.,., 11 ••••••.,,) ___ .:;N:.:O:::n=e'----------------------------- C: Llat Wh.t. Wh•t• .M the fMI Ohposition :-----------------·---------------- 24. Appllc.,t'• Bceooclo ellolill_, S..oico(ilo~~llcolo): __ _.:,N;,;o:;;n=e:-___ _ ·------25. r-of S...icr. --------- 26.Trpeof0i~: ---------27. Doh of S.porotiori Of D;achuge: 21. Wh .... ?: -·-------- 29. s.r.i• ~ ---------30. Lht All p,. • ..,J--..s Stotea ResidM Within (includine "'i1itery •~"ice): ~ew York Crossman Thaddeus Bruns Nordeman Bre~an Securities posi tion 160 Broadway N.Y. N.Y. 10038 Sr.V.P. 7-7.6 present 115 Broadway N.Y. N.Y. 10006 V.P. 2-75 7-76 4 Albany St N V N V l! p 4 73 2-7S 32. If c.,, o :.chargod F, • ., o Pgoltlon, Sial• Who••, When and Roa•on : _ _:N~O:_:n:_:e:_ _______________________ _ 3l. tlvmNr ol Yoor• of School Attendance: __l 6 years 34. Oii)lo,..., or Det••• Attotne4: _..;BS....!Si-....JE;:.c:.ootnl----------- 6-52 ~t Bonaventure '• o ... :itodua ~.d frc.tu• Hi;h Schoo1 : ----------36• Ho m• of School fro"' Wh ich Ctod\fote4 01 Loat A".._,Mt':'.!:.!.'-!~~:.,::.::::..:,:.::,=~ 37. A.l dc u• •' s .... , _O~l,::e',!;a~n:..;,~t::_~:.· y~·-------------------------------- notne Marine Midland • cdd r•sJ 555 ~adison Ave. teleph:wt• ,,_,.of account .-.111 .-..W t!.Y. N.Y. 10022 (212)949-639lReg Check --------~----~0~1~!~,~~~~4~2~4~----- I • - • •• • • • : • J. I.. l I '~ . r. ' t .. : ' •• I ' -,. ; : ~ ' l , )I , : ...... r ·-J .· ;:.·.,. 1 " •• ,.r.,.L. ...... swmni.t....E.lizabeth Trus.t _ Suan.i-t;.-lll....l..._--20J..:-.21.J-:-.o6.,.2;..o.O..,.Q--M"""t"':jg.__ ..... J.._J._.O......_l .. n ... 5...,2..,0._3 ... 2.__ ____ _ Mari.ne. .Midland_.Ba.uJt_ __ 555.. !ola.di.san_Alle~ U¥C -2.l.2~4~.--~0-1 -'-~7-5_3_4_2 ___ _ ccf .4•••• John_E. Roe 300 .E.42nd St. N-Y...li-.Y~ 1~-l1-2-l-2,JW-.J.-~ ... 0-9-0--20 l'V?r& 1 5 years 7 years ll••·i>~nll. 1\.Jlk~r . ..J.:l E. S.Jth .S~~-~'iC -1~.22-212-171-:.l.Oo.o.._ _____ ~-..,........,......_ __ _ AlLI:ODL.JIIaxman 6.45-.Fi£th Av.e.....bl.~. N-.-¥ __ 10022 . .2..l2..--J.5.5,_-_2_3..,.3-0------...._-+"..._......_ __ t\ 1. Y .... f' .. .,,., () .... 1 a • Fo· .. ..,,,,p. OWned-.-----4~. I• I :, .. ,·~J . f"r ·m l'i ... •, ·---==-:~----ftr.!dresl : .-...~~----- .... n . ,. "~'•·~.;• r..~ • .. -,." a.·.···: ...... J" __ yes _________ ._ .. _ ~h., H'l'fd• Me,•,•:l•: ~YAIRita Trust SUIIIIIlit, N .• J._.Q190.1 -·---•-'•o ~ .. , •. ·--2-0-l---27-7 --=-.62.DJL ------ I ·' ' ., •. '• ,..f :·.··If • ,,, l.· , ".~ •• v .-1-.. ~ . .,d A".,J·'' ~a •:J••.,., _ _u2o, non "ill.ue--__ t..._a....,x..,e..,s'-'$'"'3..,2.._0~0- --------------------------------------------. . · .. .. • ..... -i ..... Y , ..... l ·• '''I ... ---------------------J ---------------------J i , '> • ' f, .,.,, L " "' t ~" ! ;.,,, ' (hi., •o t, •·• (: ~ -..none_ . -.. ------·-.. ---------------------~· . ·'. . l ••. , •• ,,)l••f,\\,,. ...... !·~ .. ~ •• --=.~-----------·--------------------- --·-------------------------------------·-- ....... ·_, ·, '"' .N~_l! __ );'.QJ:k, ...N...Y ~,-----··----.S•. ~, ...... l'"'" or u ,.,. .. 1 11 36 ---------- ~t~ta . ; ·,· 6-29-0=8 ___ _ .r ., ·• •·I r J~IIJ~.A. __ .Tay_lQl: ..de..c.ease.d. .. _ ---!' .. on .. •' n ... ~--5 27 92 I·· .• L., ,. 1 .~. tt ~.~n •. \" Brown-Br_own -·---·. ---·--·------... ·-- t.'l· ... , d .. ,."'' ""'" Sarah Taylor .4:-7~57 . New .Yo~--N -1h . -1-5 -Oakley... Ave..--.5ummi t~--0 7 9 0 1 James A. Taylor Jr. __ .?._-_2 _2_::?8 . Taz:!"yton!! __ _ Matthew G. Taylor ~2-6_-60 $!laJ:"o.n_c _o.nn. . -. _____ lS __ OaJtl.e}L .~e S\UIIIIlito, N ,I O?g - !_5 Qakl_ey Ave.. _S.ummit.,...J.l-.l~-079.0J.-_ Andrew J. Taylor 5-21-62 New Miliord Conn. William Taylor 12-.::16-66 Tarrytown,N.Y. . 15 Oakley Ave._.SURIR\i.-t-,. -N .,J,--Illl.OJ.. __ 15 Oakley Ave. Summit, N.J. 07901 I • • I • - ( • • • • • HI FOm·IATJO~ co;JIWUATIOn SHEET (l der.tify nurr~er of it.-::n continu :::J ) 31. Hoppin Watson One State St. N.Y.NY. V.P. 1-72-i=.ll.._. HUtchins Mixter Parkinson 24 Bwalf NYC v p 3-71 1-72 Woodcock Cummings Ta~lor 24 Bwa~ NYC Sr.VP 6-70 3-71 c:ummings Taylor 24 Sway NYC Pres. 3-68 6-70 I certify that the facts contained l·lfthin the foregoing background infor!T'.!tir:n questionnaire are true and correct, and I cndarstand t~at any falsificaticn or misrepresentation \~ill result in a rejec tion of this applicati c n cr 1·evocaticn of license for which a pplied . t-J~-7CJ Dafe __ _ Swo r n before me this d\' d ay of-~~""".,.,_.,, ____ , 1 9~ by ~~plica~·~'\'-di 11y comr.ission e x pire~t~J \'\2.0 SEAL • I • - - • • • • RESULTS OF IN VESTIGATIO N POLICE LAB Completed by:_..c...AI~JI...__,fi;..__:-/J=----- Date: _____________ _ ~ Fingerprints ( ) Photograph Cements: ___________________________ _ INVESTIGATION DIVISION Investigator: /)qH Jttc./.a.rN~N Cormnents: &b C;er;y,:,..-A,, lrt.r/~tJ C .A'£;c;q):t) AvAI'A-A4'?r: G""c.;c. ~ NCI c. . Nq 6..)A Nil 0& t?<&ANI' JUt c::::..~ .... -, OFFICE OF THE POLICE CHIEF Investigation has been reviewed: ~) Approved ( ) Disapproved chMrce-6?4~ CITY OF EfiGLE\-1000 ?-'f I . - • • .. • • JOHN 11!:. ROll!: 300 EAST 42ND STREET NEW YORK. N .Y . t0017 MUft ..... Y HILL 7...-oeG June 25, 1979 To Whom It May Concern: I have known James A. Taylor for over twenty years and have always found him to be a trustworthy and honest individual of high integrity. Mr. Taylor has been involved in many business enterprises over the years: and in my estimation, has always shown good busine.ss ser;s a d judgement at all levels. " r.. c;.. ~.~. ·7A( .. E. Roe • I • - - • • -· • ../},__~ HERBERT H. WALKER Z12 421 -8510 June 25, 1979 To whom it may concern: This letter will serve to acknowledge that I have known James A. Taylor for a period in excess of fifteen years both from a personal and professional point of view. During my association with Mr. Taylor he has demonstrated consistently that he possesses the highest level of both integrity and personal honesty. In my individual dealings with Mr. Taylor and in his dealing with others with whom I am acquainted, it has always been totally evident that his probity cannot be brought into question. From my observations of Mr. Taylor's business activities it has been clear that he possesses a first rate business sense and he is both sophisticated and professional in all of his business relationships. I can thus state that Mr. Taylor's reputation and his own personal standards are of the highest order. He enjoys the respect from his peers which is properly due to a person of fine moral character and integrity. HHW:ka HERBERT H. WALKER • I • • - - To Whom It May Concern: • • • AVROM 5 . WAXMAN AT'TOII....., AT LAW OL~TOWW:• ... Ftn'MA,._~ N...,YDitll.N .Y . 1000 ··--~ .June 25, 1979 I have known .James A. Taylor for more than five years and have dealt with htm both in business and socially. I have found htm to be of the highest integrity and honesty and of good business acumen. Very t~. ~~ yours, /!l/L _____ _ I • • - - • • • • • • CERTIFICATE· 9_, MARY ESTILL BUCHANAN, fl~-rula~y of' fifak (Jf/k ~tale o/ ~kat.atk !tf'tt-fy r.nli/y Uutl 1/,tJ jru-~Nt"i~il~ jbt lk l4Jtttutct>-of tlu~ f'(!-dijfrnle ltar~ loen (tdfllf'f/ in ct»nftltiuu:e mi& ku.#P ,,,,,,/ a~e found ~ oonfotnl. k' lm.r: . .;lca;u/in'¥/y, lite fln~Mif!"~' ly r.iiltu~ o/ U,f! at.t!~{)tt, tcf'~kJ tit. HU It; /ot£1 /,,-,~e/.y i.Uuej A CERTIFICATE OF INCORPORATION I( -P-L Ir~C. 33 • I . - - ;~. ' ., '· • • • A t:'J'lCLL ~ v i J :.C<,,.J'l.·~ •. :t. .• UF K-P -L , lNC . We. th e undersigned natural p c r:.ons of t he ::t gt: of eighteen years or mo re , acting as incorpor a ~o rs of a Corporation under the Colorado Co rporation Act, adopt the follO\<ing Articles of Incorporation for such Corpol-ation. ARTICLE I Name The name of the Corporation shall be : K-P-L, INC. ARTICLE II Duration The Corporation shall exis t in p erpetuitj, until or unless dissolved according to laws . ARTICLE III Purpo ses The intent and purpo s<:s for \o:hich the Corporation is organi.zed are : 1 . To enc ~ge in the ~~le of alcoholic beverages at retail, and genert1.lly to purch.J s c or oth e r.;i~c acquire such bus ir.esses, and to o-..m, hold, lc"sc. ren t , or sell such busines s or businesse~. 2 . To a cquire rea l and p ersonal p ro pt:r ty wher~v~r sit~tc and any Ancl all interests therein ar.d cons truct bu i ldings and structure~ of all ki n,1 s , or othr>r i r.::"l:"O \'e;!l cnt ~:, upon its real property or upon t he re a l prope rty o f others . 3. To O ".·m.. man:1s;e , or.-c ra.tc, lt a~E' . .:1nd s~ll real proper ty and buildi n g s . r.truc t urcs , and j'":l?:""o vc::'!..:nt:s ro re11t property. conn ection w ith t he forego in ~~. ~1n tl l ~l !'l :t '' .1 n d , .. scrci :~c all t !-:f" po \o~ers and righ ts con fer re d b y th e· l urs o f :.:1~ ·sr,-.t ~ of Colort'rlo upon Corporati ons forn::~d und £-r f uch l .:!\~S . I • - - .· .. -·. "$> ...... • ~ ·.-t. :-"!. ' • > , .. ::a.:.. •' .. ,. ·:, .. ~ . ·" ! ·. ·. • • .. • -----------·~--~·------------......... ,.,.,.' Th~ forc.to ing clau .... ~r s!-1,1 ::.. b e ~.;):;~rr u ~·d .1s purp os e~. po·.-·e.::.-::.. anJ righ t s . an J the r.'l.:lttC"rs e:.qrc""~ .~ in eac h clau s e ~h .. dJ be in n o wi s e liilitc d "} refe rc.~::.e c:-i:-fen~n c e froo t h e terms of a ny other cl a u se . b u t shall b~ ;eE;,1 rd£:d <lS indepc nU~nt. t erms o f any other cl .:~use , b u t shall he r c 0 a r dcd 'lS indc;>e n cJ e::nt purpo s e s an d powers; the enumerAti on of sp ~=i f ie p urpos e s and po wers shall not be c o n s tru e d t o l imi t o r r ezt rict in any manner t he genera l powers and r i g ht s of the Corpo ra tion as provided by law. no r shall the express i on of one purpose. power, or r ight be determined to exclude ano the r, although i t be of like nature but not expressed . ARTICLE I V Capital l. Th e a ggregat number o f shares of stock which this Corpo rati on sha ll h ave authori t y to is sue i ; Fifty Thousand ~50,000) shares of no -par value c omuon stock . 2 . The corpo r ation •h<Jll have t ne r ight, by appropriacc ac tion, to impo s e rest r ic t i c ns upon the transfer of any sh&res of its comio n stock, or any int C'r C!,)t th erein , from time to time issued. provided that such restriction $ as may from time to time be so Lm posed or n otice of t he sub s ta nce thc ~cof shall be set forth upon th e f .:!.C (· or back of the ce r t i f i c ~t cs rc pres ~!lt i r.:; such sha res o: co:::::.:m s tac k. 3. Prc -Er:1p ti v 0 P.ir.,ht.s: Th e hol C ~r s of share~ o! the co:u""'n s tocl: of the Corpor.oUon &h.oll h P.-.e t'le p=e-emptive r ight to purchas e and in a l l o ther u .:1y~ a c q ui :-c n c·_., or addit i onal shares of any cl d s s o f st o ck t ~·het hcr n o ·., or l ate r au t:hori7.ed to be issu.:.J. 4 . Voting Rir:,h ts: T bc exclus i t·e \·o tine p o~oJ"P.:-in the Cor;:>orat ion sh a ll be i n t h e cor.u;:o ;J ~tack 'l it!; e.Jch holder o( the c o~on stock entitled to one vot ~ or fraction"! vote for each s h .o re or fractional sh<Jr c of co ~'" stock held . 5 . Dividends : Divid...:n d o;; rr ... ,y be paid itS an d when de clarcJ by the t:o ard of Di n :cto.-s u pon the co"1:;lon stock of the C o rpo ~a tion ~nd out o f the fund s of the C o rpor~t i.on. t o th~ cxtenl . and in an y manner aut"ori:zed b y b :<s . -2- • I • - . . .·: ~'- -~ • "t"' .... , ....... ! -: I '\ _ ... 1. -. . \ • ... ~ ~ • • • I n the clc tion of D i rcc ~r~ of the Corpora tion , t h~~e shall be alla;,·ed the cumulativ vo inr, of shares . ARTI CLE Vl Regi stered Of f ice and Agent The add r ess of th e in i tia l registe red o ffice of the Corporation is 3 7 80 Sou t h Broad••ay , Engl cwo:>d , Co lorado 80110, and the name of i ts ini tial regis tered agen t at such add=ess is John A. Criswell. ARTICLE Vl1 Incorpora t o r s an d I ni t i al Boa::-cl of Di rectors The incorpo ra t or s a nd in itial Board o f Di rectors of the Corporatio n, a nd the n am~s an d addre s s e s o f t he three p e r s ons who are to serve a s Di re ctors un til the fir st ann u ~l meeting of share - holde rs , or until their s ucce sso rs are e lected and sh"ll qualify, are as follows: Joh:-: A. Cri s~;c ll 3 780 South Bro a dway En glr-.JOod, Colorado 8 0110 John E . ~lyl e " 3780 So u t h Broadw~y Engle tJood , Colora do 8 0110 Fr :mce:-. l·l. Q:J... t•n 3 7SO Sout h B::-u ... t..!t<~.1y Engle,:0od, Co lorado 0 I 0 IN \,!I T!\!:SS t-:Hr:PJ:OF , t h.-• .lbov~-n ;ur ~d inco rporators b.1ve sig_!l_cg_ a nd ver ifie J t h,'cc Ar t icle s of J ncor ;>orat ion t:hi s L£.ddAy I '· o f .. , . t :-.:--• 1 979 . . , -)- I • - •' •'. ~ -~ .... .. ·• ''-;. ·' ·,"\ . ' . . ... : < .... ·r •. ·• ., • ' • • •• • COUNTY OF 1\lv\P,\I!Oc. .. ss . I, th e unde rsinn e d r!ot ~ry Pu b lic ~n the Stat~ o ! Colo r ado. hcneby certify th nt on th e L/d;;y of ~-L~. 19 79, personally app ea red before me John A . Cri ,,_dl , .Ialor, E . :'.yle• and Frances M. Queer who , being by me fir s t d uly s"·oru , """"'rd :/ c:!~<:lar.,d that they are the persons who signed th e f oregoing d"cu.-,.:,c ~ "~ incorporators, and that the statements therein cont a i n cd i!n.: t ::--...e:.. IN WITNESS WHEREOF, I ha ve hereun:o s tt r-y han d e~d 5eal . orA this La_ d ay of 19 79. • I . - - ( • • • NINUTES OF Till: ORGA:H Z/\I'JO!<AL :<EE 'J Ji~G OF 1111: BOARD OF DJ !U:C'J.UR S Of K-P -L , r;:c. The orr,anizational r.leCLin& f :J.c i.1:itia l Board of Dire ctor~ of K-P -L, I n c . "''.lS held on the /~t.d Cay o f J u:1c, 1979, ~t the hour of three o 'c l ock p.m . at the Jaw o f fices o f Cr is'''"ll & Patterson , Attorneys at La·.,, 17 J South Broadway, En gl cv:ood . Colorado. Present: at th~ r.,ePtin~ v;ere three Di rectors who we re designated in t he Articles of Incorporation to serve as Directors o f th is Corporatio~ until the first annual meeting of sh~r eho lder s or un t il their s uccessor s arc ear lier elected and ~hall qualify . These persons arc: .John A. Criswell, John E. Myles and Frances 1-l. Queen . Also in attendance was Arnold Kimme l, Hannah R. Zipper ~nd Jar::c·s A. Taylor. Attached hereto is a "aiver of notice of the rreeting signed by each of the Directors, which waiverswere presente d to the Board by Mr. UIIDI!l. Mr . Criswell advised th e Board t h at it would be appro- priate to elect persons as members of the Board of Di re ctors , to succeed the three incorporators, whereupon Arnold Kimmel, Hannah R . Zipper and James A. Taylor we r e nominated and unenimous:y elected as Direc t ors of this corporation t o succeed the t hre e origin:>l i nco r porators. Arnold Kimmel was elected Chairr.~~ and Hannah R. Zipper was elected as Sec:retary of this ,-,,.,tin;;. The Ch airman then c a llec for t he present~tion of rr.etters to b e b rought before t he me e ting. lir. Ki""'e l stated that t h e Articles of Inc:orpora t i on fo r K-P-L, Inc. hos been filed end duly cE'rti fied by the office of tl-:e Sec::-eta::-y o~ State, State of Color11do, on June 22, 1979. Nr. Kin::nel p:a:ed before t he :-ecting the duplica te ori&inal of the Articles of Ir.:o::-p"retio:1, t:hich duplicate original was ratified as f i led wi:~ t~z S~creta~y of State , State o f Co lorado. The c;,air:::en ci::-ec~cd that t~.e Cc rtific2re o! Incorj'l .:"'':'2':ion .:-.r:d t =-:e Ar:i cl!"5 of Ir.co:-p :o :-a::."x'l. be . . .. I • - - '~4 • -·-.;'4 ' I -.~ •-f :.· ~:-.· ~-· .... •.<.. ... -;.-. -. \ v -. : ~ r · ·-,. .... ~ ··~· .. --.. - • • • John A. Cris well wa s the registered agent fo r t he Corporation with t h e regi s t e red offite at 3 780 South Broadway, ~glewood, Colorado, and he asked the Board to approve this designation _ The Board so approved . The Chairman next placed before the meeting the proposed By-Laws of the corporation for the consideration and approval of the initial Board. The following resolution was introduced without opposition and unanimously approved : RESOLVED: That the By-Laws as pre- sented to this meeting be and they hereby are adopted as the By-Laws of this company and a copy of said By- Laws be at'tached to these Minutes and retained as a permanent document of the Corporation . Hr . Kimmel submitted for the Board's consideration the request that he be authorized to obtain a corporate seal to be in a form in compliance with the By-Laws and the laws of the State of Colorado . The following resolution was intro- duced and unanimously approved : RESOLVED : That K-P-L, Inc. obtain the Corporate seal in the form designated, which is hereby approved as the official seal of the Corporation, and an illpression of same shall be placed in the margin of these Minutes. The Chairman next called for the election of officers and ca l led for nominations . The following persons were nominated t o the offices set oppositetheir names: President-Trea5urer -Arnold Kirnmell Secretary -Hannah R. Zipper c There were no other nominations, and the motion vas .. . .. , ,r~·;:_-:~ · ;~~r~~~ · -. · .... :' .... ~ .... ~; ~-Jt~-~~-:.: • approved that the Secret.ary of the meeting indicate the unanimous approval of the slate of officers so nominated and proposed such officers to hold the offices set opposite their n....,s until their successors shall have been duly elected and qualified, and the Chairman declared the slate of officers so elected. It vas suggested that the Board next consider the issuance of capital stock of the Corporation . There vas placed before the Board a ::toclt transfer ledger and a saaple stock certi- ficate . The following resolution vas introduced and unanlaoualy approved: -2- • I • - - ( -. .., l -· . . ... ·. 1.';, .... ... ·~ \• -: ~ .• .. : -- r ........ t . ;,;.:., --':-r .,._ __ •. -- • • • ~ RESOLVED : That the stock tran s fer ledger and the sample s to ck cert ificate be and they are approved as the stock tran s fer ledger and stock certificate for th is Corporation, and that the same shall be reta ~ned and maintained by the Secretary of this Corpora- tion. Mr. ~immel then announced that he vould be willing to purchase from the Corporation 1,000 shares of its no-par capital stock for the sum of $1.00 per share, or for a total of $1,000. Whereupon, upon motion duly made, seconded and unanimously approved (Mr. Kimmel not voting) , it vas : RESOLVED : That the Secretary should be, and is hereby authorized, to issue to K-P-L, Inc . 1000 shares of the capital stock of the corporation, and to make proper record of such issuance in the stock transfer ledger, upon receipt by the Corporation of the sum of $1,000 cash. Mr . ~l then informed the Board that a location for the operation by tbe Corporation of a liquor store had been found and that a proposed lease thereof had been drafted, a copy of which was displayed to the Board and ordered attached to the minutes. Whereupon, upon motion duly made, aeconded and unani- mously approved, it vas : RESOLVED : That the President and Secretary are hereby authorized to execu~e. on behalf of the Corporation, that certain lease with Capital Alliance Corporation, a copy of which is att3ched to the minutes of this organiza- tional meeting . Mr . Kimmel then announced that in order to colll!letlce ope rations under this lease, it would be neeess•ry to m&ke certain improvements to the premises and to otherwise incur costs of approaching $200,000. Mr . KiMmel also announced that he would be willing to loan to the Corporat ion the funds necessary for this purpose. Whereupon, upon motion duly made, seconded and unanimously approved (Mr. Kimmel not voting), it was : RESOLVED : 1. That the President of the Corporation is hereby authori 7.ed to undertake to enter into such construct i on contracts and to incur, and pay, such other expenses and co s ts as he aay deem necessary or appropriate to cause the premises descr ibed in the lease to be placed in proper condition for the operation of the premises as a retail liquor store, and -3- • I • - . /' ... .· , . . , ''"'! • .. .. - • • • • / / 2 . That, at such time a s all such exoenscs and costs are advance d by Arnold Kimmel, the President an d Secr etary are hereby authorized and d irected to exe cute, an d del iver to Mr . Kimmel the Co rpo ration's Promissory Note, in an amount equal to t he total expense s and cost s ad- vanc.ed b y him, but not to exceed the sum of $200,000, whi ch n o te shall be payable, together with interest at the rate of 6t per annum, one year after execution . Mr . Kimmel then stated that the Board should designate a depository for the corporate funds and to designate those persons vho may execute and sign checks M>d other instruments for and on behalf of the Corporation. He further noted that banks typically provide a form of resolution and signature cards for the conduct of corporate banking business_ Upon motion duly made, seconded and unanimously approved, it was : RESOLVED: That the President and Secretary select an appropriate bank at which to maintain required opera- ting accounts for the Corporation and that the President and Secretary be vested with the authority to execute ~)) the standard form of resolution pro-,,( vided by the bank authorizing appropri- ate persons ~o undertake deposit and withdrawal transactions from such accounts . There being no other business brought before the Board, the meeting adjourned . DATE : June 22 19 79 We, the undersigned , be i n g all of the Directors of K-P-L, Inc ., do hereby app rove and ratify all of the act ions taken by the Board of Directors thereof, as reflected in the foregoing instrument . -4- • I • • - • • 0 -AL.DU..L.l.I._-"-L.ww.t,....._ _________ ------.-t.J /,{{'ante~ ~ -UJ..I...__.URL......_.,~__,c....,l-4-l, o...,.oLJ.Io'-'-1 ________ .$lt~~,¥~~,.Aelm(~.~ Fu ll y pa·d and non-assessab!e •• • • • - • i i l ; ; l ~ I ..'\cccp! i-J;c ~ o l P:e • .,i~es J..::!.jzu ·:-Jeot J.:t or.,•n•·nt C e nt e r OC'!;:,t.·d (S•~t:! ~,.J,Jbi t A) CO Hll.O LhC~I.:lCJ]f D<t t ~ Comzr,OII A.c a .4 c c~ -!..c.~.~J o rct Acce ss -Tc.~.o~qt Om;nc Dcn._,N f.'.i!jiJ i e:l,;...hCe Condt=rn w.tia. C-4.)lU.tru c tio~a (See E ):hi bit C) D•to~e (Reslor•tioo) Dc!f•ults !.T T en•r>t D e li •err of Premises Gross s.Jes Ocr.,e<~ Records of TenADt Hc•Uac •nd Air Cond it ioniDc Jndemui fico1t ioa IDs ur z DC.e -L -2!1 tlJord lnsurADce -Te Dant Fire lfip Risk Lia b ililT Subr<>i:alioa l.e'l>e Yea Defio<.-d LeDden' ApFo•aJs Li•llility of l..aDdlor4 Loc.tioa M~...,ics u.,... MerchQb' Associatioa Hollc:es Pv~ '-c=· ::, "a;z it R""t ComiDOa A.rc . .a Uaiate-oaace Def•ults Fi&ed NiDimu• Reat Be•tiac illld Air Cooc!itio""'c lAte Cb"'l"iea Perceatace Rf!':llt J"b ce or P aymeat T-.: ADd ln ~>W-~e P•Jmeat a .... ~es of t..ocllor4 RepAirs ..._....... T <:L.ut Sic- Sublet ti-c s .... -.... ol ,..,._si.,. Taaes (.._ oee R.,.tJ 05e of briDiMII Lipts ()ptt..UO. _, Pumlttel R"euJ•Ii- ReojllireiD.,.ls Jlestricti-or Tea- s.Jes Utilities kPL. X..C. • a Color•do corporatioa ApprOJ<Ja.teJr 7,095 squar .. , f"et St.ore Unit lloc . KS-2815 ' KS-21ZZ (r<'t~ll) Cotor•ce •rea) • • • • ~~~?.ELI .~£!!:r AllllCLE ~~ 1.0200 I n .o ooo IJ Z4.0DOO ZJ J.OJOO J s .oooo ' I S. 0000 1. S-04 00 6 S-0600 7 S.OIOO 6 S.OiOO 7 14.0000 _1. JZ.OOOO JZ 11-0000 15 J.ozoo 1 l -0100 s J.ozoo s zs .oooo u 10 .0100 11 IZ .OiOO ll JZ.0600 lJ 1z .oaoo lJ 11.oooo 11 JZ.0700 1J 1-0400 1 zz.oooo zo 10.0)00 Jl 1-0100 1 1o.ozoo 11 ZJ.oooo zo zo.oooo 19 5-0Z00-300 6 Zl .. 6398 .... !It z .oooo z Z-0300 f 17 -0170 15 Z.OIJD z zs .oooo· u Z.OJZO J Z-0130 -140 J Z.OJOO z z .ozoo J 17 -0000 IS a .oooo ' I .OJOO ' 1!. Ol 00 -3 00 10 9 -0110 -UD 10 4 -0000 s 4 .ozoo s 4-0300 6 4 -0100 s 9 -0IZO ID n.oooo lJ 11.oooo 17 J6 .oooo 1. ·. 6.oooo 1 6:0600 ' ~oo -•. • 6.osoo • 6.0100 7 6-.DZOO 1 6-0700 ' 1.oooo ' CIOPr .,_ _t_ __ ... l .I. '· ··. · .. . ··· .. :~ · .. " ... ::--'~--~~ ~~: •• t ". .!, ·. ~ ' ·' .... ~. ',!,. ''!:., .. ~ " .. ~\-?, .. · ... • .. : ;_, ~ ·:: ·,; . ·.~; -~ ··-r.- < ·\· .. .. , ,_ ;:_; .·• :~ \,· ... ~-. ;:.t, :-'' . ·.~ ~\.~-.. \ .r r . ... ( 't' ·,": .. .1~ .. , 43 ,, ·~!· t . I • - • • ( / ( / I • • • l!.~...P_A_~..Q__L_£ AS E AGREEMENT ·,HlS J.~:.t.s g, J::,·c1e JO n d c...:J f e zc d !n to th !•------~•7 of --·-------- 19 Ly .-.nd Ltt ·-·r ,-n CJ..r'JTA.L AILlt.!.L f! CO~A~'Y. l t~rci o C'A]]~d "Lc:.ndlord•. ;.nf _____ kf'L..._l ~c. _ _ _ . ____ -~-• _C~r~d~-- ___ ,.ory_o r ,:Hi o'!._ __ • h t>n·~u CJ!lled "Tc n.,ot .. (i ndjcate .,.:h~::th c r a r"Olpor~tfoa• p;~n nct!:.lc i p. !·Ole p;o ?r it•to r !>h i?. (.'tc.). , L >n<tl o rd cl o:s l:c.e ~~2~t'5 to T ~n.n t _ am! T cr.-.ot d <.o~s bc.cby ~he =cl l o'ke .-r-tH D L o>ntUord S1 o.:-e U;)Jt ~o s .. ..JC S -2822 -Ch cteu·~..Utc.r referr e d to ~ n,e LeASet l'rc-ln is ...:~·J, i.D & c orop1 C"x o( LaiJ~io t;s a,:,d u t b e r irnprov.:JDrnh fb e:ei.oa fter _reff"rred to As •the Cc.ntcr") «<·c!ed o a the l a u<ls d ~>crib ..-d ia E•bJbit A ~liMbed b ~rclo •nd coauoon]7 1 c f errcd to :u: Ci u ll c reJh. City. TO HAVE AND TO HOLD :!ioi'!.id pt e toises for a t~rn roru!Dcncica:: oa the~ day of ....:....._Oc.Lahc.r _ _ __ 19_~, or s u c h o ther d~le as sha]J Le nxe d u the cbte of cowmcnc.e to ent o f tl,c t erra io ""CCo rdance -w;if b the provi!.ions of .Ar:icle 1 .0000 bveof tbesci.naffer the •cc ... n tnr·r•cc·m '"n f 0d1e•) .tnd cnd'iog on the 31st ~ay of Dec:e.mbe r - 19 89, subj~ct to oocc c l c ra!ioa or e<tu,.ion or earlier t e rwioation >.s pro:Jl;;dbelo .. , oa Lh·c-rono ""in g e.Apr.-.ss I ~J'm~ iiJJd' con•Uti ons: CON STR UCTIO N AND ACC EPTANCE OF PREMlSES LOlDO Locatio n. L ~m'.lor d L e.s co,,lruc 1c d o o the •ite nf !l,e C<·n:cr ~ buildioc ia -;;JJCbtbe L-;.se.r-p;cmi ,es are loc ah-d, •u bsl an li..Jly >.s l Plinral<•d O Q n .c scbcantic oile plua ¥Jhich is .,_tt ached b e .r e to as E,.)ljbit B. The T~~~<c d Pr cr:Ji ses, which cont.U. •pproxiru .. tel;r -7,095-· squ~ f '!et of floor arc"-shO!U be f"L~bl1ed Ua accor~a.Dce wjth Exhibit C ~cl;;"d hereto. _1_:!)_~~ Deliv~ 2 ot!_~c_-:_~b.J!.(.-~ _or ~__!:_;.~'is~ Stlbjt...o.d to 01n 1 Landlord's •or'k ar Allow.-ance called for in .Exhlbit c. T (·.::a.nt a gJ·ees to il.lld: shall accept the Leased P..emisea U. their p<eseut condi!ioo, it b e i.~>g speci fi cally un d e rslood t bat Landlord shall h..,~ - obtig&tiou or duty with u ·sp c-ct to t"t-•noc!eling, r-e f urb!sbing. m 01 l.:Jng :t}terations. or ad4i- tion..J co:>sln.oction wi n,;~ the L c>sed Pr ernis .,. ~"d :hat aU -..o r'k r e q•tired for occuJ"U'C7 of s..Ud p :-rmlses Ly Tcn<.'l nt shill be T ro O!nt's work, Cll:cept: as s tat f='d io "'ttaded Ekhibit C. S&id T c.n;u,t's work slull be d one at the s ole cost and expense of Ten• at, •nd U. coaformilJ' w;th the provisior.s of Exhibit C, and shall i<>clu dc, witho ut b einc limited !beret ... iru;tdJ&tioa of All furnh hines, firlures, trade firlw-es, fttrDjture, 'Lbc! stock shehi.JtG all •~modeling, rcfurbi"bieg, alt er ations; aod any ~rl di ti on .:J cor.,:r.•c1i01l whi ch Tcn&at ID&7 desite to do. .!.:Q!Q!. Cba.n ~~r C ommCPccmc.n_l J?a__!,!· The p~ue •R e~d J for O ccupJl.Dcy-, wltr. used hCZ"e in, sba.U m c;o.o t hat La.ndlord"5 ~o.rlt i o the L~~ .. e d P.rcrc~es (if &:~y t...a.dlonl'a work is to be pro .. ; dec! under t h e tt:.t m s of E 7hlbit C) b .. ..s b f",...D C'Omp1et~ to the cxte.at J tL-.,.ou~bly n tcess.a.ry f or the co:nmt-nceto~t of U 1e w ork d e scriL ~ ~ ... T e:1a»t•a wOrk ia E7..h.ibit C and t .h-.t T~~.mflord's ·o~.·or l:, i f ;J.O T 1cm a ins to be d o he, c.a.a be J;erformeil ia cooj unc t io:a. '""'ith Te u:,.n t'~: ·.-v o rl;. or is d top c·n d cnt opon t'L~ Jl'Ogrcu ;o nd COr:lp1e tiOD of TeD- ant's "'orL Opoo uo ti c ., ~'om L >..»dlord of the ~at c upon "bicb the premi>cs Arc Rud7 fOI' O cC'Up;u.cy, T enant a&re ~ to a ccept d e livery anc! enter UJY.JD the Le.-...s ~ "Premis.~ ..a promptly =cl diligen!l7 thcrca!ler U.~t..U Its fiJC!UTcs, h cili tiM, aDd equipmeut ..,. perform T cnaot'" -.or\. .as d~cribe c! ia EUUbit C contetoporADeou:.t;r •itb ~dlord's re- maining ".Mo rl-._ if anr. Slwuld t.hat l a te wlU c 'h is -0-d ars alter tbe ~ate of LaDdlortf'• notice to Tenant s l otti.oe U.at tbe Le a.1.~d P'l"emi.5es~eadr for Ocn~p~cy be l.ater thaa the d..te •'bo•e s.p~cifit"d far the comme.ocemeDt of the term be.t-eof. t})e Comme»ceiDeat Date .hAll be sucla la.ter date. pro.;ded, howc•er,. DotwithstADdlnc flle fore~ jf Tcta&Jit sbdl eAZliu offer eaod.s or scr..icea for sale !rom the Leased Pl-emis.es. tben the date of ouch f"tr>t offer shall be th., Commc..c.,meut D~te. The comtncnccm.,..t of the term priOI' or t."Ub s.eque ut to the ~te for s uch comr.oeoc ement l:u~.r ei.nabo•e s!ated •bdl Dot opera.te to chAn£«: the tbte of t.he enc!U,~ of tbe term stated a'bo•e. 1 .0400 Lezse Yeu-. "JDe term -r.ea.se Yr~• a.a tae4 bereiD ,.batJ meua eacbpe.rio4 of tim., "" foti'O;;s: fro., tb~ Commcncc<Dcat Ode to Dcc.,mber Jl of t~c • ..,.c yur, e•a • .... ... . ·.'~ ...... ·,. :. ...... ~.~ ~. .• . ;" . :._ .~I I -• • I • ., - / • i I I • I ·. • • • fuU c~l ··J•<ia.r y t:ct.r d iJ:--b t,:: the t c om })etevf; 21nd any p :lr tion of the calcn"ar yev in ""lLicll th ~s L c:.l.e CJ.phes.. 1.0~00 f:illr!J U!;.e . l-~d.Jorrl !.hall nci thu be u:s_;.;oo~ihle nor bave ;my l iabili ty wb•t s.o-c,-~t :.ny :·,-.e-r o.:-lo._ o r ~•"><ge to T c"•..n t 's "-Ork o r to f i>tu,es, equi)'r:><ot, or oC..,-r~•c.pcr t y i tlt i"Jlt-d O r Jl~n Cf.:d by T cr.lUl t a t an y t ime i n :be L t:<iJo.C d P :cro!!.cs.. A.ny o c cu- p -.ncy LJ' T c..,.:o.nt p:ior to U Je L r:e iunjng of nle f f!r~n, C \l'f!.D tbougb r ent frc e, sbaU U. ~ ot!.r·r r c!.;>r·c h: be 1he so.mc :·s 1loat o f • l r n;.ut under I !'li s J.t::i'se. By o ccup,= ... ,l the Leu.e-d p,..,~i>cs >-s ~ t er.a.o t, o r t o '""';>Je t e Te ":..>t 's '-'O•~ •• ins: ell f ir.:w e s, ~a6 l i!i es, o r eqwp- lnl·n t, o r to J.'~rf orm f 1 ai~!lb g "M.Ork, T ena n t ,.!';aiJ be dcP m<:d to l.l'i.ve accepted the s.~me •cd •c knowlcd:;~d t h•t !he Le,_,ed l'rc >oi '·•• a re io !be condition requl r c d by L"U><!Iof'd's co"r r.ants h e r eunder, c ..:ct?pt >..s to inco~plf'tc o r d e f ~c fi <'e itrrns of L .andJor ci 's worlt thea >peci fi c.d in •ci:in& to L>.nd lord by T co>.ot an d ;·ny l a t e.>! d efects. ID the event &AJ d!s.O;rce mr.D I or d!spu t e ari •es b e t-.een L andlo rd aod T enant with r c f e>coce to the ..-ork to h e per f ormed wi:bio the Le ucd Prem ises p urM>an l to E<.bibit Cor wi th respect to "hether the Lc=e<~ Prelllises are ''"•il•b le f or T en.1D t's w ork or T enant's occ"pancy, the CN i ifiute of Lu.dl ord's architect s hall he <onclnsi ve and binding upon the parties hereto that the Le~ Pr emises are in the couditioo r e quir e d l>y flus Leas e d are Rudy r,. O ccur-q. ' .1..:9_6~ ~te ·D £!~er..r. lf the pre'l:liscs are not Re.:.c!y f o r O ccup;~ncy o o the Com- tnf'r.CeiDCJJt D~te, tb :s Lc~s e !>baH n c Hhcr be vo id or v oi c!.~b J e n o r ~l,.,.IJ L 3.nd 1ord or LaDd- Jorcrs cootnctor b e Jjablc f or an y l Cts s or c!a ·cage rf"'su.!U n.g t h~r e fr-otn. Jt is fw·tb.:::r under- s tood ~ ag:-eed that L ;;.nJ lc-rd onay elect l>Ot to <"O'D "Ocnce o r c ontinue CO>u iTuct ion or the Leued Prem iS<·s during ~o y t ime ~·b e o there is '"'Y actio o penning or thre atened..,. appeal p eDding or l h r ca t .,ed o r ma.intai cahle by Any p c.-son ~·l,ic b, if >Ucce'5ful, woo.Jd JY"CV e.ut L~dJ ord fl-om constructhtg or usin¥ the Lec:.sc~d Pr ~1nbc s c.r the Cent e r jn <lCCord-Ance witl:a this Lease. .!:_0_700 !!!_ect of F.Ulu r:_<:_.!_o D e li v e r. llot~i t b.t,n.~in: any other pro..;sious of this Article, i( the Leased Pr em ises >h all c ot he R eady for O c~"P'-"CY on or before 180 d~J11 froiD t h e elate hereof, the n for a period o f 30 days t herea ft e r, T r,;u,t shall hue the opt ion, >.ad, for a p criocl or 60 days therea ft e r, L a_~dlo.-d shall J,.v., t he option of unccl- liog this Lease by notice to the olbe r j>Miy. U the Le "Se ~ P remi<es shall n ot he Ready for Occupancy on or before 360 d ays from the date b e reo(, then t h is L e ase shall be deemed c~ceJJed without any act of the parties. UJ>OD ou:ay canceJJation pr-ovided for io tb.ia Sectio, 1.0700, La:o~lord <hall r e f und to T enAA t ""Y amo=t paid to Landlord by Teo&Dt r..,. ~dunce rut or as s ecurity d•po sit, and n ei ther p a rty shell have Any liability either few d~maees or otber\;"ise to the otbt r aris ine out of or b ;o.sed l!,?'lD t hls L c;ose. ).08'!!1 ,l.greeme.nt as to T erm. Upon request o( either party After the Comm<'oce- meot D~te, L&Ddlord and T enant shall eaecute, acboo· ... l e dge, and d e liver a supplemental ~greerne.ot in r ecor dabl e !"orm speci f ying t he commt•ocemt:'.ot an d t erro inaHou dat e s of the term h ereof • ... R11CLE Z.OOOO R E NT: Z.OIOO ~~d _Pl ac~ ~?;rym~. T e•ant •GT"e~ to p •y to L "'odlo rd, by ch~ payoble to "Co l orado Nati onal :e.,~;, A c ct. No. 006 83 -1" "-'>d to.UI<-d to P.O. B 0 ,. S94J. T erminal Anne ... D =ver, Col o rado o OZ I7, OT a t •ucb other p lace or place.; !'T ;., •uc• mil..tll>er as may he d osigu t e d from l ime to t ime by notice U. "'rit i nr to T enant sigo...S by 'botb Capital Allice Compaoy, ~ge neral putoe rship (t he lessor <mder..., uoderl,.U.g lease as d esailoed in Article Z4 .0000 o f this L eue entitled "Atto ,me nt"), or its successors cw assigns, and by Landlo rd, wit hout aba t ement or d ed"cti_oo (unl•ss herei.oafter <'xpressly provide d f or), rcat f or said pre mises as foD ows: Z.OilO F'uec! Minimum Reoot. A fiae4 minimum rent at the IUUiual rate of: 'i'i:fTT:.nVE THOUSAND, SEVEII lf\J)illR£11 FlFTI'-FlVE AND 1110/100 DOLUI!S . ($55,7SS.OO), with the ini tial uonthly P~)'Dellt of f'OUK THOUSAND , SIX JIU]';DR£1) FORTY -SIX ANil ZS/100 DOLLAJtS ($4 , 646. 25), or prorata portioa t.bere.of, pay•ble within ninety {90) d ays after iss uanc e of • ltquor licens e, or .June 1, 1980, vhicheve.r a~te te earlier; and thereafter P•Y•ble. mootbly U. "'d•~nc': U. <'qUill bsh.D~e.nt• on U.e firs: 1•J of hcb ADd u...y c&leo~ar moo U. d u,og the teo-, or t b,. Leue-Fiaed '""li mum rent sbaU r..-.t -z- • ' ; i '. I .. . . .~ .. : ~. -.: · ..... "".t ·;,. ....... ..::· ;-~~. ,. -;.~. , '•. ·r:. ... · . ••• •t l ) ·' .. I • - / ~· ~I I i • • • • lie J '~)able n o fbe Cot:Jaot:nct:r.oent D .1te ;m d .a h "c t ic.n ~ rnc.ontb at the C(Jl o m tn c e lo ci1 t or e ~)Ji riltioo of the term s 'LilJJ be pr or a t ed.. ~-OJ ~ !:_~!_.e Cl!_a.rg~.=:· I.n tbe e -ct:nt tl1e T cn.t.nt sb ill h..iJ to pay its fiaed. 1niniw um T l..nt { ... n<l/or per cc.·n t c.t;e rt:ot) o r ~n y ;;,ri ~i t i o n Al ,. ..... n t or othe r c h'Lr&c:s l 'aJ tl hle h Hi.•&.n t:c r \oo·i t hi n fi ..,c (S) G .. )-s o,.f t u a tc,-~i pt o f .... ,.i :t c n n otice of c!c);o- 'l,.Jt.IIC J fr-c..ul L ;wdl c,.,r ..,, T r.:u ...,nt s h ?JJ w i thjn 1CD (10) d :t.ys o f r e cdpt of !!.•id !'lotice p a y to tbe L ..._,.~~_.r d ;o...s <t dcW i c.n .,.J r e nt a l."J1e J ·d )'ID C'nt ch;u-,ge to r-e iiD- llU :""S.e Landl o rd for its ;.dt!i ti on .. .J c o;.ts in conne-c tion thc s c ....,itb, which cb:aree ~h all be in ,·1.J'l d 1U0111l t C"iual to c.o e -t cu tb of o ne f •tr ccnt {1/)0 of 1%) of tbe .f~)m e nt u ot t i i!H . .'ly ,..,~de f o r CiJ c b d~y }ouch ;.n r ~•·t..nt :sl.~J not l:01.ve beea r ~cej v cd 'Ly L ;o:,d1vrd .t ft <:r I h e ~a te::'"' bc.b such paym •..-nt \t'Z.S init i.,Jly tue. ~-O..!!Q. _P e r ~(.·n i ::Ji e_!l..!_n_!. TI•e t c.no .,r'c rc e nta ~c R e nt Period~ as cs~d ia this L c ""se ~l1all lnt a u e ~c b fnU cal c u,;;t,r mc.n1b rluri n g: the t e rm hereof &D4 e ~ch fr a ct i cm fltl p.ut of • ct>l (.·o dar month at tl•e cotTt mcnccmeot or the e a.pi.r at ion of tbe t e rm b c Jc of. For each P c rc(·nti-!.ge Rent Period, Tcni'lnt shall pa.J to the L a udl o rd, oo or b e f o re the 15th l.!ay of the ned s ucceeding rnootb as adrlitioo <\1 J"c nt, • su ~ of money d e t er mine d ~ folluws: 2 .0 131 T~na nt "'hall pay to L md lo r d n s ~ddili o na:l rent due hercullde r a s um equal to fou r percf-nt (~1.) of the first TWO l'IJ LL JO N AND ll0/100 OOL URS ($2,00 0,00 0 .00) of Groos Sales (ao d e f ined i n Sectio n 3 .0100) d u ring a ny Perc e ntage Rent Period; t_l u,-rea ft c r Tcn nnt s h.1ll pay to L3 ndl o rd three percent (l%) of a ll Gro5s S.J l cs in e xce s s of ·n-:o MJ LLlON At\0 NO/JOO lJO LI.ARS ($2,0 00,000 .00). E..c h s uch Pc rct-n tage R.Pnt Pedod shall cun- st 1 tute a s e parai:r a c count i ng period, a nd no deficits sha) 1 be Cotrr ied o v e r froa period to p e riod. Each fr,.ctJonal por t:ioa. Of a ca l ~"n d a c yea r s hall be pro r a t e d accordingly. Z..Ol40 Alt erDate -~~ c c~~~~· S , o •.J ld T cn<l.nt l urbg any Perceohee Reot P e riod d uring t_he term h e reof vc.cate the Le..-._s e d Premises or cease ope.ratio& its business to the extent and io the m a m•er req,uired by Sectioa. 6.0100 h creo( jo the eoti,..e, or ..,ll J apprec-i a ble j•<'~rt, of the l.e ~cd Premises (exc ept during any t;m c wLcu the Le ased Premises may be untC:JJ~tabJe by reason of fire or o:ber c.a.su~ty a nd e xce pt in a.uy portion of the Le<:!.sed Prem- ises d es1 gn~ted o n E x.!oj!>i t A u sto:-<!f!e), the a (..without Ji aDiti.ng ;my ot.ber 1i 11 bili ty of Tcn i'Ul t or 4-I U J r emedy of L ~dl o rd by J"c o:.soo tbereoO i.n lieu of the sums r c quirc.-d to be: ;t.U d UD d e r S ectio o 2..0130, d ur i n g s uch p e riod Teoaot 5blll1 pay La.ndlor d r o r e a c h Pcrc cnh.ge R c.nt Period or r,.ad ion thereof (fractioW ptoriods ~i.ng prorat e d) a su m equi~al t!nt to t.be &'Teater of: l-0141 The ;n·rra.&e p~rcco !~z e r e ot pJl.id o r p a rablce hv-e-UDder ro;--t-be 12. roo<oJihs p:ior tbu c to or, if l ess than 12. mootbs hu CX]);r t-d si n c e t be: co ::n uH.:nc<-:neut of the term of this L c ue or ao p e r ctnt o:g e r e nt h~ b e eo. paid or become p a y tt.ble for-5 .. da pr ec ~din & 12-mooth per iod, tbe.D a sum equAl to 15 percent of tbe fi xed tnini..o um r ("o! pay .able l uri:ag s-uch p er iod; or 2...0!4 ~ The p..:.occ.:l!G.g e:: H·'l l rlrt~rmined 7.S. provided in Sectioa z.-:-ol30 f o r tbe P e r cent age R ent P e r iod c od..i n & n c ;uest to the c!ate whlcb is one: ye:;v e arlier. · _!.020.!_ T~ and b surcwce P .a ymeo_!!. A5 used b e rein, the phrase •Real EstAte Tases• :s.b i!ll me~ all tues a n d 7..SSe:5o!.roe.o ls 2..nd ot b er i m p ositi or..s CtDd ch'L.rees ii>bAtsoever to the e x l ~ot tllat s uch i Ulpositi o ns and cha.rge5 ~all be l e vi'e d by a gove rnmental entity ADd to the exte..at tbAt o onpap::oent the refor ~ball creAte a statutory liea upoo the Leue4 Premises or the Ct..Dter of a.D7 kiocl aDcl nature whatsoever w'Wch ue z.uessed, le.iecl, cooru-med, impos ed, or beco me a lieo upoo the L ez.sed Premises or the Ceater duriDc tbe term o( thls Lease, or an.y ta.-. measured by the J"eDt payable by TenADt UDder this w~ (e..-cept Landlord's income ta.%es), or iUlY oblieatioo to any governmeDtal entity assesse4 upon L;u,dlor4 as a. r e sult of its oWDer:s.hip of t.be Le u ed Pl-elDises or tlJe Center, w~ther or not such talt is impo s e~ on Landlord or Tenant . As used herein, the phr~se "lnsunmce Pr e ~iu c s" s hall me an all of Landlord • s cost and expense ta. .aintainin& the f i re and ~x t en d e d cov erage i n s u r anc e r e q u ired to be c:a intained by Landlord u nder the provis ions of Section 12 .0.!»00 of t hi s Lf:•1 se . The p h rase"."Taa and Pr ea!ium Yt>ll r"'. as u s ed l •e re i n. sh1ll i n i t i~!lly mean a cOJlenda r y e ar or, ther~- -3- • ,. t ... :.· ·~:, I • • - / • / i ) • '- • • • • ;;sftt·r , any di:f e rl:'n t o.nnua l pe r iod for ""'hic h R t!.;~~l Est a te T~x~s c;re c:ollr-cted under dO)' ~ul,·~e qu c nt revision i n t he ap pl icable Ta JC La'l..·s. Within a r r ason~ble tiae fol- )o._.ing the e nd o! cat.h Tax and Pr em ium Yc•a r. al l or a porti o n of which follow• the Co..:uu .r r :;cnt Da te , and dur in g t he t'f·r-:d nde r of t he tt.'nl of this Le~se, Und- )o 1d o;11;,ll c e,u:pu le the a ::~oun t of al 1 P.f ·.d £st a te T axe s imvost:d upon the land and iu.p r uwm ~n rs of the CC:"n tr·r .r.n d Jnsu r ance Pn ~h nt1s ch.'\recd for i n s u r ing i;nprove- n.e nt s of tJ,e Crnt e:r.. For &ny such Ta x .and r 1 <.uli um 'fea r, ""i th i n thirty (30) ~a)'S a ft f.:£" l~nd lord ::hall h .::ve f u r ni !;.h e d T ('n aut "''i th no t ice Cf"rtif)in& s uch a1110unt; T cmu1 t co v r n <~nt s ;,nd a~::rees to va y to Land ] or d, ~s Add it i on<'~l ~en t, th~t sue vhich is equa l to T (:nan t '!.pro r a ta s l 1a r~ of each, s uch pro J~t• sh~re being the produc t obt ained by rou lt i plyl n g such iurrca s c by • fr<~ction, Ll1e n umt-r~tor of ,..h ic h i s t he t o tal ~qu a re f oot a r ea s tart~d i n SPr t ion 1 .0100 as being vithi n the Lea sed Premises ~n d the d t:norninator of ,.:hich is the total aver.:.ge square foot aTe-a of all space in the Ce nt e r le•sPd o n t he fhst day of ro:tch calrndar Ponth in such Tax a nd Pn•.ai um Year. The ptovi s i ons of_ this s ection . in s ofaT as they C!pply to the year in ""hicb this Lease expires or to s u c h additional rf!nts prE:viousl7 bill e d but not paid. shall s urvive the ex piration of the ten. of this Lease. 2 .0300 Common Ar f!a lJ.a i n t cn;;tnce. T ~oa.u t sbii~~U also pay L a_udlord • Co;;nrooo Area ChAr;e for "tb; Lco;.'C d -r;-c;o-i~S-;-t-o be Paid io the f o llo .,.ing roanner: · · 2 :..031'! Ttn aut's total ;an nllal Cc..;·.mc o Are a Cha rge shall be coo;u.JtH by ~p plyin& to Lg ndlord's total c osts in operat i ng the C e nt~r (the "J ... ;:wdloJd's To t al Cos ts''• as dt-f inc:d b P lo1.1) that fr•ction hav5nt •• jts n u111 Pra tor the squa re f o ot fl o or o f the: retai l selling an:a,(.l.pp. 4090 sq fl Jllnd as its d C'no min:aor t he tota l squa1 e f oo t arc• of .all buildings io the Center (l ('ss .-rcas c);:t s s i f icd a s CoJ'l.::x >n J..rca and lr:!>s avera ge o11rea of vac anci e s during the L e ase Year). Such compu tation shall be made as of the f irst day of e ach cnnual ac count ing p e riod, vhich a c count in& period shall COID!De nce and end on s u c h da tes as rr.ay be designated by Landlord. As to any annual accounting period a portion only of ""hicb is contained in the .term of this Lease. T e:n ant's obligation shall be prorated. Tc.na.nt'5 paym e nt sha11 be millde as follows: ---~2~lii x ~n thly·, i~ a-dvance~ -ih~,;~~h~:~ ~b;-t~.=;~f-~hi~-.- 'Lt.:<!se . at the ti u.e o:on d p lace state-d in Sec tio n 2 .0100, Ten•nt shall pay as a ddit Jonal rent that s u• \o:h i ch is ~qual to o n e -twe lfth (1/12tl•) of the amount esti~ted b)' Landlord to be Landlord's t otal costs as def ined bfoolov , for the thea current Lease Ye ar . Such cl1arge s hall b e the "Tent•tive Cha rge" which shot ll be: adju s t e d annua lly th r oughout the te.-. h ereof. 2 .03lZ WilhiD 90 t1 a ys f o llowr iilr t~e cncl o( e.o11cll am~u.J 4tiTo-u-;ting period. L andlord ~ha U fw oi s.h T co.ust ~ ~t.trme.at cove riug the. an.nu~ accounting p eriud just expired, certified u corr~ct by a ct!:rtified public oliCCOUDia.Dt or by aa officer of L andlo rd, sbowiDg the Landlord"s: Total Cos h a.odl the a.mounl of T cu<lla t's total annu<l.) Common . .Azca Cl:.ou-ge l o r 5-Uc:h <~ccou.otiac p eriod. If ~i"j d clJ.u.:e is mc.re f b <lla T enant's payw e nt IDd ~e ;u MWrnum Charge, T enant shall pay L a ndlord the dcfici ~nq wit.hia 20 days after receipt of sa.id stat e ment a _od, if ~d chare:e is less t.ha.a T cn<LD t's p a yme nt h e reunder, Lto.ndlor-d s baU pay TeoaDt such e.-cess.. The inability or f a.ilW'e of Landlord to furnish the afor-~menti oo ed s tat e ment wit.hiD 90 da~ follo,..inz the CDc! of ~ a.n.ou~ ~ccountiDe period sbalJ not relit:-•e Teo.!..Dt of liabilitJ to ~y its Commo111 Area Cbaree wilhiD 20 days after actual l"eceipt o( such statemeot. ~0330 For tbe puryose of this Section, L""cllorc!"o Toto) Costs shall mua aU costs: a.od erpe.usH iDcurred U. opero11ting and mal»tAinioe the Center (u- cludiDc onlJ a»J drpreciatio111 oD ori&W•l cost of constructin&, aDd hems of e&p~e commoaly boW'O aod d esi p.ate41 as c&r-ryi.oc cl:a~ees). specific&ll,. iodudilllg, but without fimit .. tioa, costa of utilities, beating, .ait cooditiooiJic. aod motinta.i.niue e.oclo ~ed mall oueu ADd otbu facilities. property ta..ae1 attri- butAble to the Common Area, au:lodia] se.:-rices. ).!llintU.c;· fire protrctioa. • .:_ t ..... i· . ·:; · ... ;.:· · .. f ~ 0 I • •"7 1 .. • . - / ·. • •• ( \ ~---- • • • • !on~"" An d i t.e r e~o\·a !, p .ul...i.o g lot rc.,;Ur s, p:--cmiu w s fiU)d otb.u cosh for 1i .!!:.I J1i tr, jj!'OiJ'I!d)" t!~mo::t:~, f~e , r-~f (.·n d c d cotterage, and w o:-l &:.."lt'"n's coODp ~:lS« tio o i r...suritJ 1Ce , "'"ges., '.l'i t hl1old: . .,g t axes, s oci al !I.~Cu.rity taxes, p er son -.) JU"Ci'r·Tl y t~ .... r-s , !<.c:s f o r tt:qu:t .:d Ji c t.:a::es •!n d p er mits, ~tipp li es, op:..~a tio:»D of l o ud ~-pe d e r s n ;"td ;u,y o :lJe-r co1otnuni cat io n Pquipm.~nt s u pp!j-i uc lhr: C e atf!r, u:r·~i ~ r;f ;:; •d r c..,~··miilb1.:! d<·;·t f'-d ,.tio o oo <"q uip·n r·nt, w a clJh~rry, Md fixtures h.st ,.llc d ;o...s a p.rt of t•: ns.c-d :n t he op ~:-ati o n, hcati<lt:• cooti eg, TeDtih.tibg, nnd/or I!l ... in t c .l i.Wce o f ll•e C r~!r·r, t o 6cthe.r ··•ith OUl i!iDOu n t e-fJ'..:aJ to t -..:-caty p c r u .ut (ZtJ%) o f the t o :.U of ~11 suc h costs r nd f'!l."!'Cr.scs to c o ~er !..<t1'<!lord's ad1 o inistr.at i ve '-ncl ove rhedd cry ~ns es.. "GR O SS SALJ-:s• A N D RECOR DS: 3 .0100 G oo~s SaJ ;:s. The t erm ·cross Sale s• .;u us.cd in n.~;s Lc .-~s e shaJJ meu tbe total "MOoUDt in d o llo1n of the nduo\l sal es p r ic e, ..... -b e tber for-t..ash or oo credit or P"'Jtly for c~ and p o;_rtl7 on a-edit, of a U 5o a l e s of mer c.h.u.di:o.e and !.f"nices aod aU uther u·cripts of b ".!s.in ess cooduc1 ~d i o o r f rom the L cii.!.cd Pret.o i ~,..s, ind ud.i:1g all m<l j J or telephone orderS r cocc h •,.d or fitJ c d at 11•1! L ca.st..-d rr cJJis.es, Jttn d incl u"in g ;ill ~rpo~its !lOt refunded to p u r c-h ucr~ orderS t a J,e n , d:h 'JUt;b ~"j d O:-c!c_rs may lo e fj Jl r;d C ]S(.•\lo"}..c_z-e 1 r e &ard.less or ,.,he : h e r ~nch lml>i :J ess ,;.~.ill Le ,ont!u c t c d Ly T ~n ::m t or by i"....:l f su b1c~~c e, c oncto;siooaire, or li ce n see or otber .... ·!s.e io the lA~~s.c d P rem ises.. No d te u ct ioD ~l:aU be allowe-d for \.Ul coJJ toc ted or uncoll c.-cti bl e n e:c!it a ccounts. \.r c ss Sa l e s sba11 n ot, howco;er, include uy s.u m s coJ1Je:cted fro m t bc purch ~er and J'l "jd out by T~na..,t lo the tf'".xine authority for ADJ' s oJts or c,.d .,.c t i'..x ir cpc !<t.:d by a n r d uly c<Jns l itu t ~d g ovPrnro c nta1 0\utbority, if such tues a.:re ;.d rh"'d to 1l1c sii l cs pri n~ of werch c.n d i!.e or cl-!arue for s e n;ce, nor s baJJ it indude the cxchitlla:e of lD l:rch n.nrlisc b t:t wet-n the ~t o<C 5 of T c n;a...n t, if any, ""he re such excbiUlge or goods or nu:.r c b &:Jtlis.e is m a de !.o l cJ y f o r the co:w c:-n i e:nt oprration of the bu~i:OI!'SS of T enant And not for U.e purpose of consUlDma t i ug a s aJe 1ili'hi c h bas thereto fore been tnilde at, in, or fro m the Lc;.scd Premises or fo r the p urp ose of Gcp:i"i n c: L 4'...n rUord of the benefit of the s ~le ""}>jch othe rwise would be m ~d e at, in, or fr o m the L c.:-.scd Premises_ nor the amount of returns to s h ippe rs or m."\.nufacturc.rs, nor the 2 raou.nt of any cash or c .rcd.it refund made upon any s a1c "i'bcre ·the mcrchanrl isc s old, or ~orne ptt.rt thereof, is tbere3fter :returned b7 tbe purch;::s er 0\..'ld acce pted by Tenant, nor sales of fixturr.s which ue Dot a put of Tenant's stock in trade. Eacb s ale L-poo installment of cre dit shall be treated as a ::;ale for the full price in •tbe month during whirb s uch sa 1~ sh all be made, inespecti•e of·--- n.e time when Tenant sb a ll .. ecci,·e p -"yment f ro m its cc.stomer. J.OZ.OO M.Uot c canc e of R ecorr\s. T C!l ant sbdl k eep in the Lca!;.ed Premises or some ot'i~;-Jocat i oa io tbe -Denver metropolitan area_ prior notice of which shall ha•e 'beea furn!sbed to Lotndlord, a. p e rmanent, accurate set of books and rt"c orda of a.Jl C.-oss S.Jes duri ng each dey of the tcrll) h e r e of, <!od a)) s u pporting r ec ord.~, including a.oy ~aci5e t&z .. c p o rts, shte s ale s t a .Jt, b usiness a nd OCC11 p "!ioo h.x, OUl d ~oss iFt c OtD e tu reports; &n4 !.Uch p c-rt ioeot .. e c o rds ~·iiJ be kept, n•t d~.zae d, ~nd pre-ser'"c.d for at l co::s t tltrce years aftu tb'! P e r c eot~e R e nt P •·riod to v:bi c b such rc-c o r ~.s rt-late. Tenant sbitll l .eep, retolli.n, ADd p :e sen re aJJ orjgioal sale.s r e c o rds ;o~nd: s~es !!ilips or sales checls and any otber p e r:i.Deat sale s r e cords Cor p h o tos t a tic c opies of suc h o riziua!s) with resp ~ct to each Perce..taae Jh~nt P f•r iod •o l o !l g ;a s L a.!lC'I l o rd sba!J bave the rig ht to examine T e n;)nt's reccrds u pro- v ide-d i o S ec t ion 4 .03 00 l..e r eof • .AtJ 'ucb r eco r~, including iUlf s Ales ta... .u:ports, .at.Se g ross iocome tu r eport s, b us i n~;:!.S and o ccup a.ti o o ta.x r-ep:::~rts, s baJl L~ opeo to i.nspectioa a.od ~u di t of L u dlo rd ~..n d its a.ge nts at ;o3} J'ef".so n a b1e tim e:s dwi.og ordinary busiDess bows.. ARTICLE 1 .0000 SALES REPORTS: -4 .0100 Moothl Sale s Re o rts. On or before ~e t~t.h ~&7 of e•ch cAlendar mootla during tbe t er m be.re of, to aud ioc.l u di.ng lbe ca.J e od&r moot.'b followin& ~ir&tion of the teuo of this Lezse, Tenant shall d e li•er to Lancllord's addr-ess sbo"i711 iD SectioD 20.0100- acCUJ'ate written st at e me.nt of •cross Sales• durine the cale nc!u month preceding tbe due date of sa.id s tatement, &iped bJ T e.o_...nt, or ae &utborizH officer or represeDtati•e or Tcn<u:~t. 4 .0ZOO Annual Sales Jl.~rts.. Annually, wHhia C.O dAJS .after the ead of each Leue Yea.r-, Ten ant shill d e li•e.r to Landlo rd •t the address L a :uDord bu spe cified for receipt of n o tices p u.-suant to Sectio rt 20.0100 Le r e of A c o mpl e te $tat e ment, duly certifie-d by a c e r t;f ,Hf p u blic a ccou.ot a.nt, showin g in re asonable d to ta.i.l (ollnd itemized u to $epa.rate -5- • Ltml J f,/~ .. ~. ,, .. i. u j ... I I ·,. ...... I • • - . '. • • • • d eput iD •!!Dts, s ublt:!..sc cs., con c ,.~s ionllites , a nd Hcensces, if any) the •crou Sales• duriDC thf! prcc ~:lj,,g Lt.·i\5c Y co.r. '!.01 00 Aut1i ts. l.a. ::.~c cv ~nt L :Hl rlJord is not sat is fi e d with any ~ota t cm,.n t r e quired ·,mdCr ·na .. ~ p;ecerliug Scc-:.ion 4.0 l00 !oulnni t1 <:!d by T e n ant, L •a..u dJord shall ha•e the riEht to tn.1\:c & :.p{~cial ttudit, :ry au r1itors sdcctf"'d by LiUJdl ord, of the h ooks and record&. of .. TcnMt, ~ ...... ..s !1-ubl c nants, c o nce:!.s ionajrcs, OUld licensees, h e r ciobr.fore required to be mAde "';1d JI:CS .:..r\'l'd. U an y s ;:..r h s t-'lt('mt•n t is f ound to be i ncorrect or to \:ary, to an c•te.ct of 1oo;c t ~ one p e rc-ent fl%) fro ra the Gros s Salf"s figures submitted by T enant, Tenaat sbo'!ll p '-Y for ~u rb !.Jll'ci.~ aud i t and, if such s pecial audi t verifies Tenant•s statements to be corre...-t Ot to vary "'lOt more th.ua o:te percent (1 %) fro m tbe Gross SaJe:s figures subwi tt~ by T enant, f =..c c>.:pt•n..'>e of s uch audit shall be b o r ne by LMdlorcL L~dJord'a Tight to ~aJ oioe Tf'oant •s books ;.!l d records, And those of its subtenants, concessionaires, iU'Jd Jic~c6 , as b c r c.ir..~c fore set forth, OJ'" to make a.o ..tudj t thereof iD respect to aDJ statcme:t lot ~ucb Pcrc cnta ~:e Rent Period, sh all be a~a itable to Landlord only fOI' a ~riocl ~ two ye.ars after the applicitble statemeDta for such periods shall ha•e be-ea fw-nis.bed to Landlord. Jl suc h audit 5hall show a deficiency iu. percentage reu.t for tbe ~riocl co•erecl, the amount the reof shall be paid promptly by Tenant; if such ;!ludit sha!J sho .. pcrcentaee r-ent to be u•erpa.id, the excess shall be applied oa ADJ amounts then due to lAndlord by Te nMt a.::~d the balance, if any, refUDdc-a promptly to TenAot. COMMON AREA AND PARK.ING FACn.ITIES: 5.0100 Common Area. For tbe purposes of this LP.ue, the plu-itse •common Ar~a· is d~rTned ou t-h ose automobile parking a nd ma n ~uvcrlng arc a.s , :.c n ·ice I"O.lds, ramps, lo•diJaa facilities, sidewalks, landscape areas, ma11s, s l aJrways, h allways, esralators, ele••tors, m._jntc.nance areas, r-r:strooms. entrances, exists. ADd other !.;;.cilities which may be d csienated from time to time by Lanttlord for l!.5e bJ T enant in. co1ntnon with others entitled to similv use. Some of the C umr::~oa. Areu rnay Le loca ted under bWJdi.ngs or upoD !aDd owned by others than the L andlord. 's ~()20D ~!rlr.:lns. Landlord has constructed ~d c quat cly dra ined, paved, and ' lighted automobile parlt:lng f aci liti e s (surf.lc.e, under buildings, and/or elevated). which parldn& facilities, including acces s and auncuvering areas and reasonable laodscaping, contain in the aggregr.te not less t han two (2) s quare feet of area for each one (1) square foot of floor area of the a re~s in all butldfng,s in the Center occup ied a nd used for the sa le at reta il of goods, "'·arcs, and me rch.;:ndise, exclusive of Co t."'V'lon Area or other floor area s u s e d i n common by tcon,.nts and occupants the reof. Such mjnimum parking faci lit ies (r e f erred to in this Lease as the "Hinimu• Parking Facilities") will be available for non -exclusive use b.J Tenant and Its employees, agents, custolile rs, .and bu s in ess i.nvitees, alth.>ugb portions thereof may be l oca ted in buildines or u pon l and o~TJt"d by others thaa the Landlord. • 5 .0300 Rights of Englewood. It is uoderstood that L a!!rUord has conveyed or caused to be coo•eyed to the City of Englewood parking areas of the C e ater conlainin& appro.d- ZNlely 4,0DO automobile parking spaces. Tbe area so con\"eyed m•y he included U. c.Jcu- btin& tbe Minimum Parking Faci liti e s provided by L iitndl o rd h e reunder. Such coo•eyance pro.-ides t hat sucb com·cy cd property: S.0310 Be d e voted br the City of Engl e.,ood to fr ee public 5bo.rt -t e rm parlcing purpose s until zoza; S.OlZO Permits L andlord to r e pair, ma.i obiA, d <J .lt n, a.u d light the con 9 eye4 p arkin&: areu; and ~ Prorides for coDtiuued riabts of access and f!~C"Ss to ud from the puiW>c sp•ces. 5.0400 Accea• to Com111oa Areu. LAD4JOI11 Ae'"eea and r-epte5ents that Te..oa.~~t. Ita emplo~ age.ats. customers. aod iDritees, wiU ha•e the DOn""t"•clusi •e right for iUltl duriDe the t erm of this Lease and IUlf renewal ther-eof to use the Com moD Ar~a fro~~t time to timt coutituted, iDc..'nd.iDc tbe Mi.nlmum PtUJUca F•cilities, sud:a use to be i.a COlD me-. witla 12 owDer ot owD::n thel'eof, tlae Louu!Jor4, and All te.a"Dta thro reof fro• time to time, i:s aDd their empl..7ees, •eents, customers, aDd lnYit ces, e.x:cept wbf".a ""Uch .ue beU. repairf"!, .alt e red, ot reonstruc ted. T enant sb~U not "t any time intr:-fere whh the ri.:bta -6- • '. ' '.1.1 ·• ·.:~~}!,~\~ ..i .• :·i.•t .. -:..·· ,• ·. ·~ ·, ' ., ..... .. , '· ·.::~. .= .":' ' .· .... , '· •.. :. .. , ' ... 1f ~ I • 'l .-' . , .. ,· ·,. 0 I • • - / • J • 0 • • • • o f L .1nt'Jord ;t.nd oth<:rs •·n titl ,·d to !-i roil.u tl!.e of ;my pou-t of the p;ukiog .ucu or other C o.ranon A tt·i'l. L•mdlo1d r c:.~.·c rt~f·s t he u m e!>frictcd rii:bt to chance bWJdjng: perjmeters and s1nrr: .!..iz t:'"; to s.eU p o rfi ous of and to change t he arofUlgt-meot, uzca, &Dd loc.&tioo of the C OIO I UO D Arc& and r onvcrt J':>rt io ns tlj Prrof to use fOJ' ;u1vcr1isioc and s Ales or m uc.h ,.ud!1oe or "'>rl '-ices, i•,cludin.: f1,e: lD~lls, oab .s, ~,:,'r\C"ays, ,.nd si dewall..s; and 1.o d . .-o,ec fhe idr·n !ity <"~t.t d f)pe o f o tl1cr S I OJ c·s f'ln d 1 t ·noHot i t-s, J•rovic)ed fb.&t the siz.e of T ('r..-nl"!o ~~ru~ ·.h~J J not be chdo;:G""d and tbAt ,,.,.~on~b1 e "'rc' s to T er.J~.n l's store prertJis:es ~}J ,.lJ 110 1 lo c rt.a l t tiA.l ly 'i.np~iJ f"d, :tod f tulhf't prc.,idf"d fl,at 1hc-MirUr~u ro P.&rking Facilities al.HH'C pr o\'idcd ~h~U l.~e w;.iuttti.n t:d. For ,.ur b p UI J"'Ue 1 L andlord rescr•es th~ ri:ht to -.lt e r, H:curu.:t~l c l, ~"l n d .,d d to th ~ orib'in ~ p a.rl..iug f at-lli:ir.s. fr o rt~ lim~ to tiroea Landlord h .. -' •n..,~e n o 1Cprcsc n 1Atio ns as to i"t.:n 1i ty, l )•pe, siz.~, o r nurubr:-.r of otLcr store-s or f, nn.h des ia the C e nter. 5 . 0~0 0 ':.ein l t.·na n c t> of Col.J,::tn J..t t>a . Lind] 0 1 d ... f:rl"f"'S to tt.-'1 intAin , orerat~, and r e p ~i;:-(o . -,oc .. ,u--;,. oth ~~ lo do -sO) all of the Cc.::::::Don Area ""d to. l.:eep S-'at! ia C)(';ii O •n4 !,)£hf)y rondi t ion dul-in& tltt! lPnD of flds l .c>~M!. nu! n:anncr :Jo Wbicb s u c h a rc. and f ari )i t ies sh11 1l bl! n ;d n t ~:ine d :tnd th e Clo.p,.n diturrs thf"refor sh•ll be •t lht> d i:~>t..n•t ion of LutdJo rd (s uLjr-ct to the r equi r r.>a:r nts: of tlte City of . Entlc\ol.:>od insofar .-,s :my o1 thr Cor"'"!o n Ar c" \olllirh ma y be owned bJ said City), and as to all such Co.;_,;,o n AT c:JJ 'L<lnd 1 o t d sha ll h a ve tl.e right to o11do pt a nd promul&iite l'"f'"."!Son a blc J ul c s an d J f"&Ul a t iC"ns fT um 1 i.:~~ to t imc Ef·nrr,.l1y ap p) icab}c to tenants .111d o cc •po11n ts o f t he Crn t c-r end tlH·i r-"""''Pl t.yPrs •• nd }Jusincss invitres. :fnc]ud:fn& 11.~ ri&ht t o ,, . .,.tc jr t •lr.pl o)ct.-s o f t~>n.:!n t s and orr•!p~urs fro~ p•rldng in ~reas d e:!.itnroL f·d r•clusivr ly f o r C"cs t n:tc rs of tl1e Cl"n l t-r . Suc h rules and n~t:,U1Jitions !'h.JII)] b l! l•jnd i nr; u;•Ci n T. n .:;.n t upun ma ll iug a copy thf-r cof to Trnant. 5 .0600 CJ C~s ing o f C o rnm an hc1t. L ;:m dlord '""'Y• f or tlte J>Urpese of preventing the -.. """;;'lni;i ti o n u f l '~1hli~ rjgLts in fl t~ .. -;podions of llte Com n .on Ar e .a o wne d or cooholJ~d by L M,,lJo:-c!, f clopo r.-v ily t.l ose ~u c b p (l rfions a nd tnay for !.ur b i .. 'U"J>O !.cs erect pri•.ate b ound&ry rn;u l-.s or T.i\'kc o ther 1tpproJHi.ttc ;,t:tir.n; ant! !ouch :1rtions !~.ball not be deemed All. evic tion of T e:n az:at or a d!sturbancc; of T c.-na nt's U.S I! of 1L I! J..r:.?...!.c d Premises. OPERATION AND U SE OF PREMlSES: _6.0l~!! l2!_e _!!_eouj r_~...£.D!:!a The Lc,._ ... c d Prrn1 isr-s shall be n~cd and occupied ooly for the sale at retail of a lco holic b e v era crs a nd incid r nto=~l mercb :mdise related . _ . the reto lor off-pr t-mi!'es consuU~ption.----- f ~ ~filer -J m rpo-.~-or j;.-;-J:o~;s~O~he prior v.-rilten consent of L :u.dlord. T rnn nt ~h :t U n o t p erm it •"D f 1j cf>n~ e or concr•!lo.;;inn aJ .r e to Opr'.tJite withia the Lc ~f"d Pt e wist'S without L <i!ldlord's prior w.:ritt e o C"O "'$eot. Tf'..oant agt-ces to us~ aact ope: ate the t:.n 1ire-L c ;u.r-d P rcmlscs t1 urinz 1lle 1 errn o f 1hls Lr-;o:s e-and -'D Y r-e:oe-sal thereof. ; • : • unl e u prcv en!e d f rom fi o;ug so b y c-~Po;;rs b ry('ltt d T r.,a.n t•5 contrC'I], lli.D d to conduct jl,s lJ usinc·~ At "'U 1ilot-s in Cflt)o d f.1i lb, in .11: l 'lt:b r;:.•t1e ,..nd t rJ •U T A 1•1~ lo<U~ner, a .n d ia s;uc)a man~cr .. .s ... ,c;n pr CJ du e n.~ ·~:-...imn :.:r.t Glnount o f !.al es b a.,,d frOI.Q the l -ea!.c4 Prcauises.. EA c t•pt for l eg.'\l b olic!ays, T enant ~grecs that it wiU r em~U, opeo for busi.neu U. the teased Prem{ses d uring tlte n oima l mall opPi-ai:i ng h ours from 10 :00 ·A.M . ihrou&li 9:00 ?.". (Oenvt:>r t ime ) e ve ry d a y exc ·pt Sa turdays , ""h e n Lhe period s hall end at 6 :00P .M •• and n.ccp t S und 01y, when t he pe r iod sha ll cono.me nce a t 1 2:00 ~oon and e nd at 5 :00P.M. Tenant: r Pst:>rves right to opera t e addi tJ onal h ours as h e d eo~s appropriate and in keepfna vitla the corop l!titive prac ti ces in the rPtail pac kage store business. Tenant's business in the Leased Prem ises shal l not be operated or adv e rt ise:d as the type co111m0nly known io r e ta f 1 trade as a "s urplus store'' or "outlet store". nor shall any s•les be •ade throuab use of a "catalog desk*' ope ration . 6 .0200 Use Restrictions . Tenant under s tilnds that Landlord has entered into v•rCous Ag r eements wJ th tenants ;nd'Occupants of other s pace within the Center wher~by LandlOrd h as a greed tha t it will not permit all or certa in other space within the Center to be u s ed fo r certaJn pu r p oses. Such agreeme nts ma y or may not b e l eca lly enforce•ble. -1- • I • • - / ' I I • a ... 1-... __, ... Q ; .. • • • T o >·•nt >p~d fi <•lly acl.no..-)<-,Jg c s t ~ot its Aj;'ec onent t o t:se ;\.id occupy t he Le-.ed Pt c ~Z> h•s f or t h o ""-s ""d pwp>ses p•o •·idcd in !!Us Arlicl e 6.0000 ;. a or.atedal conside<a tion f a t t he .... ,,,,;,,n Ly Londlvld o l :J,is L ~ .•••. -u.d lb .• : the !.•il•te n f To ·O do ! to COn>ply 'Nilb ,ucb o! ''~" i0~, o r :loe '~'• n f t!oc L <·'-·'rl P r :n i;·" b)· T~n;u,t f or • pu,po-. not b erci.a p c,.01 itt --~, -ill Co>:>c ''"f-·.:.lble l oj oa y •nd ~.l mag c t o Lon rllc•d .>od to o:b., t cn"-'>ts of •·;>>v·s .;:~;,t he C ro t r-r , "hich i"ja.-r .l.>d ~.\;r.a~e n:ay n.->1 be "d•qu.'t e ly rompeosa ble iD d ,,.,,,, .. ,_ J,u,.r ~i·.~ly , it i• '•l.'<··d tha t, io "drli tio n to "'-'Y o thc: IP':l•dy a.·aHable to J.,.,dl;"rl• !he p.-ov:,;,.,., r•f '"'• .'.rtid~ 6.0 800 "'af be spc,i fk .>lly eof o oce d by Landlord by t n•;•nrcory rc:-t: .. ;;,; :g c..-dct ,,,d p•~limin•r y •·•d l"'•~;..nont :njomr tio n Cbot h rnN>datory i'l.;)d it•O~ut.itive) c..r nt~.ro :-\.Ut:"h l..trl~"r. ;;ji;,j' co-,p;i.,y, ~o o ity, or ;>~aun •ha U O;>o n, opera t e , Or Pol:t ic ipa te in the ope,.ti0 rt·ctly or bdirc-tly, o f .1n y o H.cr lm;ioess si;niJ.lr to that co,duct c d in the I.e> " PteDI- ises, if •ucb o n .. r l:u .. ;,,C'S is lo, •ted wit loin a t ddio :s o f fi •e (5) mil~· oft'. -•>.sod PteD>- isc., such five -m ile "c!.ius to be mo"-'ur c d in a s l >itight l in e fro"' f), • ont e ntr ance door of the J.e asc-d P >cmisrs to the f ront <:n!r.1nce d ~ot o f the o:h -us io c ss. TenolDt agrees flo a t the f o te;:o:..,g r es tric tio n i s >~cosona ble i n ;til the · mn>t anccs ;u,d compliance is ncces.ar y if T r :> .. n !'> Gr o-s S.•l cs ore to he tonxi ;n;,.""·. Should T o,,""' or o.ny such c o.,. paay, euti ty, '" porsoo op ~a o r op~•-t e •uc b a ···'"'"' bu.<'o c <s , dir ectly or b<lirrrlly, or par t idp.t c in !he opcr .. :ion o r •ny >uch otl o:s iness. T tna.,t ~6-rces that L'ndl ~rd a t ita option rny ):a,-e its t cm ,'rli ~s unde r !--· :c e 17.0 000 J,e cco f or, in li ~u tlo eteof, upon notice, eff•ctive as of thz <l a te o f •uch ,·~r.,t ion , L >.ndl o>d shal l h•e •cress to all s ale s recc.rpoci f io ·d •t !,tficle 4.0000 ho r c ~r. a nd T e nant a5"ees to p a y to l..nd:o r rl "rlrlition..J '''"'• '-'il hin 90 rl.,ys .1ftr·t the <nd of •·•c b Lea.e Y eo.r , u l i<juid•t r d ~ .. •ers f o r the btearb of T coa.,t's CO 't·nnnts <·o:otoincd in t b;s Section, ~ su111 e qual • five p ercent (5%) of !be woss ••h·s made during ""Y Le">o Ye ar by such other 6.0400 qpcrations. No industriil, rnnn u!ac t uti-"g, o r procossicg a c tivities (e xcept sucb ;;;;;;;;;racturiogorp;:ocessio g acth;ties a. are usual, C"-<l o rn"<y, and in ci ~eo ta] to olDd opera t e d i.a connection with t he 1:se specifi e d in !be p recc·ding Se ction 6.0)00) shall be ~n~ucted i~ tb~ ;•::e~ ~:e':'.i ~es. T enant_ •:all n o t :;:~·~ -'·-;d; •;_.::;; diof' l'> •Nir .. r r. •• _..... ' '• 1 ..... ..Q.......... ~!-.. ,, ,...,, --quo .• , ~--~~ ronduc t any auc ti<>n , rite, closing-out, or bankruptcy sales i n or about the p terni>es, nor obst •uct or >I.S e iUl y p;u-t of the Common A rea for b usiness, itinerant J-cddling, or d isplay purposes; not ahl!Se 'O'a.lls, c eil ings, p;u-tit ions, floors, wood, stone, or iroo O<Otk; not use plumbing for IUly ot~et pUtpcse other t l:an that for wbicla construct e d; nor ma.ke or p e rmit il!ly noise, vibration, or odor objection able to the public. to ~J' occupants of the building, or to T.aodl ord to emit fr o m lbe L eased Pre inises; nor o-eate, rnainta.ia, or perm it • cuis'Ulce t b e r ei o; n ot do ''-"Y ~ct l cn~bg to injure !be >e pu- tatioo of the C e nt e r; nor place or p e rmit acy r a dio or l rle,·i sion ~-,l eon a, l oudspc a~c r, or oound ~mplifi c r, or ao y pho~ow.apb o r otb ~ d o ,;ccs siroilar to ;u,y o f t he f otegoiog, on !be roof or outs;de of the b,il<finc o r at any j>l ace .-he re !be '"'"• "'•Y be seea o> loeud o utside of the L eased Prem is~s; nor, ...-h e re l ca<!i ng a.>d d e liv e ry services ce p torided, o:se · o> p ormit to b e =ed front e ot ra.nces f o• truc k d•livc ry o• pick-up o f m r t di!.odise or s up;oli•s to a. fr o m t he Leased Pr o.,.,i,es, <>t ;o e orni t l.-ur•~ or ot;u <!•livery •·obicles -..bile b eb:g US<·d r.,.. ··•Y such l "'r;>ose to be i'"=l.cd a t ,.,y ploce -it),i_a !be c .:,rer exce pt ~I sucl> f arili t irs"" ate sp~· ifically )'t<<>id •d f or >ucb j>Urpo s•; "o• roal.e \!se of any areas of t he C r o!et f or solicitations, d emo"-Stta!ioc.s, or ""Y olbet ;octivitics "'ithout the prior 'ol"ritt c a co ~s~nt o f J_a..ndl o rd. 6.0500 ~.['!la tiocs. T enant ~~ its o.,., e9ense •~all comply with all applicable !nos, on!ir.ances, enders, ;u,d rcgul atioou of go•et n<:>~n ta) autJ,orities Oll>d ag•ncies ;ond all applic•b!e r equite,.,e.ots of the Board of Fite On~e t,.,ri t ers or olbet boat<~$ or o:·ga.ni&~ t ions ea e rcising siiDilar fun cfiota, T enant shall aot perform any ;oct.; or carry oa a.ny P'"cliccs which may U.jure the buil<!inc or buildinga of the C entu, aaa shall ~e ep tbe Leu..t Pre,.,ises =der its control, U.cJuding sid e,..aJI<s adjacent to the Leased P>e~Z>i ses and looding <lreas allocat e d f or the use of T enant, clean and free from robbisb and <'.irt &t all tim es, a.nd shall store "U trash and gath•ge witbi.a the Leased Pr emises and arrange for the r egular picl-up a.od cart age of s u c h trash and eubage at Tenaqt's ""P•.ns ~ Te.na.ot shall not burn a.ny tro.sb or fatbage at any tilDe i.a or about tb., L eased Prem;ses or a.ny-w h e.r ~ e.he ia the CCJJt er.. · -8 - D I • Sl - I • • / ' • • • • • o r l o.re r as he d r rms .1p pro p ri,.te _6-~0 Q J..d~c·r1i !>hG,. T< n.l._nt !!-Lt U b .. ·cp <'i:t crior c1 t:c ld c sit:ns and e xt eri or liehted d;•p!•1 •dn~o••• o o f roUJ "'""unt i l ]0 ,0 0 P.M1 ]Tenont •h oi] r e f er to the Cent e r io desie- n.t1ine the 1oca t ion o r t h e l-c ;ucd P r c~ni· .. t's: in rill n c~spap e.r o r o th e r "d ver t isi og, st~ t iont'T)", <.ofh..:r pTi 1.t r·d •nA1 tri a l, ;,nd 'lJI other tc f e:r c...o c~.:s to t he l ocafio n of the L~.u ed ;"~t·lni'-•:!:1 .~·1 d s.h :U J nr>t U!.C t he n.-t mt o f t he C e nter f o:-"''"'~J pnrpo!:>es o t her lh "-0 Tc n ;~t ot'a b t=~i nr-~ ;~~l.f.r c .. .s ....,it1 .o u t L o1.n rl 1ord's J •r ior ._ritt cn co!lscnt. T("n ~n t !>hall in cJude the :u!fln·!.s A •d l~t -nti ty o!' ih h u .. in~!:o:. ·11Ciivit i t:s i n ILc J.c .~:.t"d J'reul i :;cs i n an .,dvcr-tise m t:nts mA d e by T 4·nAu t io ""hif h 1lJe i:!rldr r~s n iHi ifh .·nt ity or <=-=r o OJC f Joe<\) b u.s i nc~s ~t.c ti"Fity of lil t: ch ... r ;.c..tc.r co:t~lurt e d l,y T cn".nt ~l n•ll l•t-Jnr-tt lic.n"!d, a nd ~'h i\J J not ~ivcr t fromt the L e ?.:.c d f'n ·mis('s ~n y t.OJ .. h(· "" ic b C•r rl in.,d Jy could be tr ... ~ ..... c.t.~rt b y T ,.r..illl nt t llcr e ia.. .6.-~JQ!! O t b~r M r , clirhd:sin ~. Tc~ .• n t ~grce s t ha t, if it ,h.,IJ dir e < tly o r inf.irectly 04J c:.-.t e C~tay oth er s t ore in t e o ~o~cr rno!hopolita.n .i!.:-c a h~dlin~ loc r choUl~i ... ~ s;milu to t l::at sold i a the L cMcd T",em i scr., "'ny o;.pecial u ·duccd p:-icc s<\l e o f ,a ill y one o r illo:e items i o ·'llJ' o :h,..r §.l Ore s h .t..IJ ""ho be coudt~rlcd , at t he sM,e p r i rl"s, i n t b e t..c.u.e d Prem i Ses, pro vid e-d, L owcvc r, t b"t 1l•is p :-o ,·i sion ~b .,n oot be ;,pplic >!J l ~ l o :\n y s u c h s.t.lcs '4'hich sllaU 1..e l1e ld in con r.cct i o n ~Ni tb .11 d o wu t o1oo.n D ('Jl VCI' pron1o lio n o r ""i l b a speci al p rom o tioo •t <'ZJ1 ofbCT ti',Cl oa:\J ~l•CJP;•i n c crntcr io H1c De~il \.'C r ;u-\.·A ia wb_i c b .1o.D Othc l' store oper•ted by T enant i s 1ocd tcd... 6 .0,Il0 0 St"t B.., ·\..s . If llH~ L r-;:..-.c d Prr .ui!;es •u e t__Ons ~rud"·d i n ~urb a f ~':!i o n tlu•t the sfol'efr·on t '",.'d fr ont-cn tr .. ncc to the L t ·.~c d P r t·rni ... •·s is r•·cc..~s..,c d o r :..c t bA ck from ~·hat w ou1 d nor mall y b e :he r~o u t o f 'fC"'O<"~n t's pr"·mises, T .._·t:.·n t i'lgtt·t·s th,11t (i) a.n y and aU trade f ix t ure s, d.i5p~a ys , <1n f'! t-tJIU j)l ncnt o r m e l l1od of dhpla)ing ;.,e rchill'l tli s ~ l c m por;trily or J ~rm.va C"n tly J'l ttcc-d or IJtili zed iu :r-u c b <trca .s h ill be S.l lbjcc t t o t h e prior -....r i ttco Approval o r L;ulctlc.r d ""...S to d .... :t,n, tlSf", op e r a t ing c h "r ... t.tr-r i stirs , l ~oc..1:i o n , :•n c! c xh·rio r .a ppca.raoce, ~ll ic-h "PProva) r .~·dH Jl u.-d ~hall nut withhold llnre.H~oun l•lr, ... Hi (i i) Tr-·nA .ot c.grces th"t L •.n ~lord <n "Y• "·i thout any li,l,ili ty -..•h ahoe ••rr to T n>nt o r t o t hose cl>iming thr ougb T CJ•,..at, $Ulnma_r ily remove f ro m "'-DY s u c h ar c ~ o r t h e L e~c;.t"d p, c rn iscs <'~u d s t o re at T en•nt's r i.s\ and cxpt:nsc "nJ u u:-t pprov~d t r<t de f i x tu:es, di~plitys, m e r c h ;,ndise, signs,. or e q ui p lDe.o t -at any ti m e. un1.rry s~:HVJ C ES: .7.01_1)~--~~~ _P ru:d ~.-'.!!:.....!::..an d!?!d .:'1:!~-t~-".~';'Se t~~-n..o:.<:ess~ !!';U ns,_~~uit.".!=--:_•~~.O~•:"i_fB_r:i!_i_l_i!'E_ ·'c.~~.P·~~i d e d -~n ~n_!,~;-''."~~'9'.1.~-~ e l e c!r i<:::'"!_t_!t ____ _ the l ~e ~!"c d P r<:ID is,..s, i o Acc ord~nc c w ith ;o nd su l ~,·c t to the p ro vis i o ns of E :dti bit C.. T enant sb~U p ay for .r>J l v.-t\t e r, t;o?s, dnd electricity ,..n d otht"r ui Jli li c s usf"d in the LeASed. P remises, including p eriods of adv.-nce entry prior to the C ormo~cc mc-n t D a te, and •t ita OWJI e xpense aud w i tb its O W'II e quipment, ins h _ll ed in .1.Ccordrtoc e witb LA.Ddlord's ~p edfi c a!io ns , sh~U l le<l t or chi ll w a t e r to meet its r rqulrcm t>nts. If J."'uftor d shillU eJect to ~uppl7 a uy o ne 01' more or .._u of ~;:oj d s e r vi ces, T cna'lt sht'l.-'l p ~t.rch ,..s.c .tnd use s uch ser vices as o.re I C"·J'!dc-r e d hy T~<\nr1 J or d aod ~1Ja 11 pay t he ra t•·s c.:s t.:.blbh e ~ by L ;on dJ o rd for !-ouch sc.c vices, hut ~u ch rd t cs ~hil.IJ not be more t b ..... n t l:ose (:h :\rt;ed u n der s i •o ilar ciz-cu ms t ance~ by publi c uti l i ty com p anies for !>u c b !.e.tvices . The C"hargcs for :ouch sen-ices as ilre ~ f urnished !!>ball be a d di t ion al r ent d ue o n t he f i~s t d a y of tLe c al e ndar tnon th \;: f ollo .d ag r eo r\itio n o r a l liU t h c rc f o:-. If L aHdior d ~h;:oJJ e l ect t o r u.r n.i~h one or tnoce of such s Pn~c P ~., f rmn t iiilc to f irne, T__,n dlord ~bAU not be l i~hle: to T c-..D.-.u t i n c!.i\.mag c:s or ol hrr-...'i'>e i f ;tny ooe o r more o f f,~id sen-ices is in t CJ"nJ p fo_·d o r t ~:.r rnioa t e d h ecause of n ecessary Tcp.U rs , in ~t <>J l <t f i on s, i t.o;":o;:emcu t s, o r any c ause b e yond the t:on!r ol of Land- l ord. L o:\ndlord rnay C('~..sc to f ur u!.sh ;:m y one or more or f.a i d services w ithout ;.ay f'espo n - s i b i_lity to T enant <:XCf"'pt to con n ect t he s ervjce h ciHties wi t h such ot ber nearby source of supplJ ;o.s mily be ~v.UJabl e f o r :be servi es s o discontinued. U toil e t ollD d lC'asbroom !ioici 1iti cs are d t·signed t o b e us~d i o C Ol.OIDOD by T enant a.o d its empl o y ees witb occ upants o f o t her s t ores, T e.o<tn t ~~ees 1o :.bare (.•quiti'lbly wi tb t he o ccu pAnts of tlse otbe r s t o ces ia t h e e>, o r d e rly, aod s uitAry m a.oner, inclucling usual t o il e t and washroom 5Upplies of pap er, s oap, and towe ls. Li!.Ddlorcl shall h ••• the rig ht to assume s uch o bligat ioa of ma.iot a.iruog s uch com moo h cil.itie 5 ilDd, i! it elects to do so, T enant sbaU pay its pro rat a s b ar e of the: cos t t.heceof as addHiooa) r c..a t d ue on the fi rst day of t he month f o ll owing l'r:ndi t ion of bill tberefor. REPAIRS: _8:0~ !:-~-~1 ~~d __ q_~.E'!!£o~. L ;u,dlord shi\J I keep the fo und;t t ions , sobfloor, c:derior wAlls (e a c e pt p b te c l.u.s or gl a..::s or o ll1e l" lne.Udb1e mater ial:;. U!.c:d in s tnrc tura] portions), -9- • I • - / •• • • • • '"'d ,,.o f o•l t~oc J,uiJrl i n~: in ~ltk b t~e L l·e..>e d P<e m i >e• M e l oca t e d i.e good repair, except t h.ot L o,<llnt~l ,.lull n o t be requiocd t o rr..'tk e tepa irs Ot r ep1a c etDeo ts wl>icb become n eces- . '·"Y Ot ~c>i:.,b l c by rc ~so o o ! t he act ot nee li<~ence o! T en•ot, its age nts, se•~•nts, or ,.. •OJ'\l oyct·s. B.0 /0 0 Tc"·'n t O b!i~•tions. Exvpt f o r <ep.,irs t eqoti t e d to be to•de by Landlord i~ So ·c li~-. 8 .0100 he;c in;T cn~n t ~ba l! ~c. p the L "'-'•d P r emi><·s M d all eq uipmeot, f •cilities, .-,,d ri •t •.oc s th c :~i n cc.uto i ne d in c o od v,.l , r , rt.~d i tion , ;;,d r e pair, i n a clean, sanit ary, -~~ '"l e r·to,O< n t.-,J .oul),,,. :ty loa ,;0!: j ur;>~Jc t io n, incJudiag t ~p•i rs a o d repl accntcnls ><,ullin:: f tND wear, t c :u-, :nd H>e by To·nant. T cn;u,t >h>ll pen ni! n o ~·>..s te, d a mage, w i •i"ry t o the L c~,ed P re •'lli><•· U T eo;;.nt rdc.se s or neglects to c o mmence repairs -..·it)ili, 10 d•ys ,,rr, .. "ri tt ~o d ~m. nd, o: a deQua tely t o complet e •u..:b >epajrs ..-ith io a r e>.so nable l i:.oe llterc;;ft c r, L Mdlo r d m ay, i o rt Mi tioo to ••y other <O:oc dy it to a y h •••• roue the " •ir> witho ut l i~bi lity to T cMnl f or o oy l oss o r <la mo~c ;),,,, may o ccur to T rnan :'s sloclt, or b oui ne.s bt '""""" U.r>eo! dnd, if La odlc.rd rook~s "ur h rcp.tirs, T enant sb•U p&y to r....,.uo ~ o n dctDand >.s addi tional root lbe c ost th ere o f wi th int erest at !be r a te or li!tceo )'l..CC O! (1 5%)j>P.r •nn uro ft OtD !.he da t e or p oym enl by '-•nJl ord <mtil p ;ti d by T e nant. Not•·ith•t.wdiog anythhtt:: i n !his Section c on t al.,ed, !bore sh;UI be no o Migat io n on the port o r T~n-.a l t o co:oply w i th direct i ons, rul es, re~;;ouations, aod l a .. ·s wb irb may require •truct urol a lt c·'"tions, <t tuLt ur •l rh an~:rs, s t ru c t ural rcp;U,., or •ln,ctur .t ] ·•ddilions, uulo.s "''de noc.·<> . .ry by act, no~:lig e n c e, work , or om;"sion by T o•na.n t or its agents, s cn-o.n h, or empl oyc ~s, i o ..-hicb even t T cn..,n t sh al l coroply at its e T.p e nse. 8.0300 ll roh.n l.!a._. T rnan t 'haJJ f or t hwith a t its o"'n cost a ud e•p~"<e r e plac e "'ith zl·,.$·;;( tlr e-:.-;;;;;;,--;;;;:,~Jj~)' aoy dHoaeed Or hroJ,rn £1.-,;s, including j'Ja t e gJess Or glass Or other br ca ~.,b)e m a t erials ~se d iJ> s tr uctural p or tions ""d e a y iot ,rior and e xterior windows and fi o ors jo the Lr.il.Se d Prern i.s.e s .. INSTALI.ATJONS, S IGNS, AND ALTERATIONS: !!_~~-Except ?.S >nay b e olbe a ·i>e pro vi <l e d io Exhibit C: 9.0110 Duri.og tbe term bereor, T~n on t shall at its OWD expe nse repair ADd_ atointaia all electrical fa c ilities, licbting f ix t ures, toechacical and elect rical equiprnrnt, floor co•e rings, and o the r CQu ipm=t r e quited by it, iocluding, but not limit e d to, all interior pai.nliog ond d e corating. AU T er"nt's s tore fixtoaes shall be ins t a ll e d and <oain t abed by Tena nt a nd shall, upo n ony such insl alta :ion, b e ne w OT compl e t e ly Teconrli fione-d.. 9 .01 20 T~nant is give n the r ight to In s tall an ex t erior advertising sign to be l oca t e d on the wa lt of the huilding occupied by th e l eased prem i ses and/o r on the roof o f this building. Thi s sign 11 Us t me et the code r equ lrnocnts o ! t he City of Englr••o od . This sign or signs may or m.Jy not b e i ll um f nated. Tcn.1n t sha ll rese rve the ri eh t to ins tall exterior sh3des or aiJTlings to protrc t d isp lay wi ndows . . 2£!}.«! T enant shall Dot, during a.ny ooe IZ-month p e ri o d, maie any r epaJrs, alterations, or additions to !be Leased P remises cos liDg an a ggregate io excess o! three (l) ntoofhs' fix e d minito<Ull rent ..;!bout first proC>1rUJe L aodl ord's wri tten c o nseDI and d e liv ering to L ;u,dJo rd the p l all$ and spec ifica- 1 ions a od copies o ( the proposed c-oo t r>cts and n e cessary p eril> its, and shall fur n ish U.<l em oificalioo a~;aJnst l iens, costs, damages, and expenses as may be r equired by L andlord. Except as bereinait er provided, T enaot shall not make • any structural alterations io or &dditiou to the L eased Premises. U DODSI.ruclural alter&fiorut Or changes become necessary because of the applicalicna or laws or ordinances or other directioDs, rules, or r egula tions of uy regulatory authority having j urisdictio, over !be h usi.aesc carried OD by Tenant, or b e cause of a.ay act or d efault OJ> lbe part or T eoa.nt, or because .Tenant hu overloaded a.ay electrical or other fa cility, T e.non t shall malte such alterations "'>d changes a t it. o..,. co•t :md expense a.fter f irst obta.i.ou,e Landlord'• writtu appro•al or pl:uu and •peci!i c a t ions aod f urni shing S<o c.h -10- I • - \ (• / ·, / ( • • • • iJ,<!•_;.uni fi r.l ~ioo d(!flliJ:~t l h;:~s , costs, "''d dttw .:ges as L ;mdlord may rcuonitb)1 t l!lpi:-e. ldl "ltc:-atio:u, itd•,itions, i m ;at~n:meo1s, and fixturl!!s 1 other th;:ua :uulc fi>:t 1..:c·s, \lrohi c h m..t.y be r.,l;-,cJc or instfllll~d by either of the puties here-to upt.n lL~ p :-e mhe:s and ~hic b in o"tn y ma.oncr a:-e •tt;;.cbcd to the W"al!s, c e i1iop. or Oo;:,rs, inc1ur!:::.g ccu-pct, at the C).:pi:-zt;oo of this Lc~..s c s.hall become the p :-op<:r ty or L "-""Hi lord, ;_.,d 5>'h,.J1, !-Ubje::ct to the p.-c·n~io ns of SectioD 18.0300, TC Q.-.i o UJ•illl :-nd b~ sun c-.,dc:l-d with the pocrds•s ou a part t hereof, ""'ilhout c!H:l~Ge Ot i njHr )"f l\!l f ~o·i!-y) type t ile Ot o:~cr n oor CO't'f't i nc of 5imiJ&r cl.~nct\...t ·-hkb .na y Uc u•·nl.11t'd or ofhc r ... !sc ... rt.~c:~i t'C lfA.ffiJted to the noor sl:a ll l il.u.:i._e: br•LC'I:"Ie th~ pro;H:rty of Landlo1d; li nd i.ny equipm ~nt \.•hi ch is si t u1lt-d '"'ithi n t he l.Pesed Pr c~:~~~fses J'rior to the Coooog ~nc:eaent: O at~ and ~h ic h r.·:-.Jins i n the LeasC"d Prea:ises durin~ the tera hereof sh;~~Jl sh,il .. r l y b co··e: the property of l t:.n dlord 41l the e>.pirat:ion of this l ... e~s e, all \.•jfl,out rr•~;H·r~at:ion o r <"Te-dft t.o Tenant.. Artj carpet insta))pd bv Te n nt in the lA"~>c;.e d rr t-l"'isf'!.s r.h ~tl l not be Cf'~nt ed or otheo u dsc 4~:HH · ivrly Affh.ed to the floor . ~'!.!!9:!.1. o. 0000 l:NDEM N IT Y TO AND NON UABILITY 0.' LANDLORD: lO.OJOO Indemnificatioa. T~'"l;IID t •i"'"~f"'S to iDderocifr &od .. a.,e L•ndlord hum)~ aeaJMt ..... , U'dill d <!.ims~ dem .'\.o'ld_.;., da mages, Cotots., "nd ~q>,..,t .. N, indudinc r e::.softable a tl orn e y~· f <.·c-s f or the d l.f (.nse thl:rt"of, lll"h.ioe :ro m the conduct or m&ruteemez.t of t.be bu-l>incn. cconrllu~lc.•d by T <.n;u1 t in tl1e Le?.scd Premis.c:a or !rora A!ly b ,r r h or d r!~ul t 011 tbe part of T t-a.-n t in the-p~r f c·rmi'lnce of <tOf coven&~~t or .\f:l"~ IDf"'lt on the pvt of T~n•.at to be pNformed pu :--su•nt to the 1etrn5 of t hls Lease, or !rom 011n y act or D'!'Jiie~nce of Te i)AJ~t 1 it.a Ai~tl h, coo:r'lctor5, sc n.2 nts, em ploy~«, sub)<.·ue e-s, Cf'nceuionlllires., lic~na ees, or itwile~, ia or about the L c-?..se:d r'rc •nis e~, t he si~cv.-.dl-..s adjoinin&: the s•rDe, the loa~in~ Ar-c• ;aJ iocJt t c d to t be use of T r-nA .,t, and the Com mon Arc:•"· Io CoP..Se of aay •ctio• or JtrOCCt"d.i n~: brou~ht Olt,;.a.ins t L ~1.nd l oo d by r c;....so a of .. uy souch clai ra, upoo notice fro• LucUord, T enant co•en-'nb to clcfend !'ouch actioo or procret!ins: by cou...-,seJ reJtS.on•biJ s•tisf•ctory to L&ndlord. ~ !:.._e.rsooal P,.o e rtr R isk:; L i en Prot ~c tio a. Atl property k e pt, s tored, or-ID&ia- taioed ia the Leased Prernises shall be so Kept, stored, or maiut..ioed "'t the sole risk of TenAnt. TCDMt a grees to p&y and d ischarge any ru echa nic"s, matrriAlman's, or other Jie. 01' c1&im a&Aimt the L eased Prc::n !ses (or LIUldlord"s interest therein) witb respect to ay labor, serrices, materials, suppii~, or equipment furn.!sbed ur allrged to h~Ye beea fw-nished to or upoa the ~"eq uest of T e o n.nt, provided that TcnMt may contest such lim cl..im, upoa fu..rnishing to LamUord !'O uch indcmnifica.tioo for the f"tna.l paymeat ADd. d !scharge the reof, toge ther with the costs a n d e Aprnsr.s of defcndiog the same, •s LUMI- l o rd may reuonably t"eq u.ire. 10.0300 Other R..i sl:s.. Landlo rd s bt\l1 not be liable to Tf".c:t.nt for any dunage occc=.sioned ·by plua>bing, eleclric•l, gas, water, s t e am, or otber utility pipes, ')'SI ~ms, and facilities, or by th~ bw-s.H.og, stoppi.o g, l f!;aki.n g, or running of any t?. . ..nl:., -;.;-a_s)._c;f .-...od, clos~t, or w.-.ste or- ot!Jcr pip::s iA or about the J ... ea-.ed ?rcm!ses or the Cen t e r, n-,less •Urcc t1y t-cs ultine !'rom "Landlord's intrntion al act or ~o-oss negl e-ct a ft e r noti c e; for ;:.n y d amoag c occ~ioned bJ \C._te.r h ei.oe upoo or CC.I!ling tlu ougb tbe roof, skyli ght, 1:cnt, trap doo:-, or otb ~rwise. u :ll t:5S res.U:ti:..& hom La.:J:!.lord'c in :cn t lo :::~<\1 ;.ct or SJ"CSS ::a f"g~ect 011fte.r notice; for bJ' d i'!<D<!ie a:isin& !ro iD ;.ny o111c t, nr>gli:!~nce , o:-n e Gl ect of cot•c i\o !s o r otlu~r o c cupants of t he C t-nt e r or of adja.c<'"o t p.rop::-rt y o r the public. J#~..ndlvrd ~'::a.JJ uot be resp?nsib1e for lUlT d e f t:ch, l atf•nt or otb er-.ds~, in 'lllY C •·:~.t cr buJlrl.in t."S or C ol!l.noo A.l"c a Ot" any of the equ.iprne-nt 1 marhiorry, utilitit-s, a .f.opUa .o ces, o r appara tus t he:-ein, nor s!lall it be t-csponsible or li able for any injury, Joss, or c!aLOage ca ~e d by or u:~ulH.:l& !rorD •cts of G o d, or the e l eo:neo ts, or n ood, riot, Vc..Dda.lism 1 or eartbquc.kcs, or for .aoy i ojw-y, less, or . lamage cal!.!.~ by Ot" r ello-ul t ing fr om an.7 rl c !ect or ncgJigPnce io the occupancy, co 111 - s t ruction, op t~!ration, o r ~s.c o f s~d prernis!!s, bu.iJdings, mot c bbery, appar•tus, or equip- ro e nt by any p'!.!""soo o r by or from t he acts or negligence of an.7 o ccupants o( the premises, the C eD t e r, or of a djacent property or of the public. ARTICLE 11.0000 TENANTS UABD..ITY INSURANCE: ~ Insur~~~· T enant agrees to procure and malotah:a ~policy or polides of ios w-ance at its own cost and expeose, insuring L;u,dJord and T enaat from all claims., demands, or actio.c.s lor injury to or d eath of any one p e rsoa in ilD amount of not les.s thu $1,000,000 A!J d f o:-injury to or death of more t b a.n one p erson iD a.n y one c.ccide.nt to the 1i tn it of $3,000,000 and for ~aJ.O ag e to prope rty in 0\D .amoua t of not Je ss <th au SSO,OOO. m<'~d~ by or oo b eh alf o f -':lf p e rso a or peosoos, firm, or c orpor a tio n arisiu& from, rebted to, or coooect e d v;-ith the conduct and ope rati o n of T t-o <Vl t's bus.i:-o;ss iD the C e nter. -II- • ·· .. ,., !:~.!,-~ -=· ._, -. .... ·.": . ' .~ I • , - --.-, / •, • • • • • • Tc r.o:m t !:.!1 31l c.ury like co..,cr;,.gf! again~t l oss or ~atc?.ge ~1 boiler or int eroal cxplosioo b7 t.?il-:rs, i( L'lere is a b;:,ilcr in the L ea.s.e-d Pre•D!:!tes. S ai d ir.s~;,ncc r.h~tll not be 5.-Llbject to cn!lccJJa!ioo c>.ccpt a!t t!r at l east t e o (10) ~ays' prior ~ri lt cn uot icc t o Landlord, ~d the policy orpolidt"s , or duly P.xccutcd cc o~i fir;,te o r ct.r t i fi c ates Cor the r;;.:ne1 t oactbu wit b !><!t!s f rto c h •:y t:'·id t ncc of the p-.y:":~cnt of lb"! premium tbzr ~o n, !-h .,U be d e po!.itcd wilb L anrll or d "' :he Ce,mru cnr:cnocnt Date and r cnc·.rals th t.ot:of not l c·:!t s tl-.a.n 30 days pricn to tl.e c:r.r.:ra1ioo of tll(; t o:-ro o f ~uch co-.•£-r .a &e-, a.n d ~hall con h io, in i'ldditioo to th~ ~t~atler5 cus.tor.;Ari!y set f o rth in ~uch a c e:rtific,.te l•:lder st;;,nd ard ir.s u r;;.nce i.ndcshy vractices, u u.:u!e:-t~1.iog bJ the ir!Swcr to give L<'nd1 o r d not l~ss tbi"D t en (10) days' wrilteD notice of ;o...uy c.._nce1lation or chnnce in ~COJ"~C or n.wount of c o Je:-ae;e o f such policy-AU sucll poliri ~s ~b-tll contain provis ions to the e ffect tbat LAnrtlcr4 znd its s-ervants., ageats, ~n4 employees lnilJ r CCOOJe r t hc:-eunder for l ess~• occ ~i oncd by rc ;o~oo of the Acts or n t"~ligcnce o f Te onnt or olbcr named insureds nolwitbsta.tufi::a& thAt La!ldlord js a named b.5ured thcrcu.oder. lf T coa.nt fr.ils to cooply ~itb such requJ.c me.ot , Landlord may obt~ia such insur;rnce and keep the st\me in effect, and T enant ~hall pay the Landlord tbe premium cost thereof upon ciclOa.nd as adtlitiooal rent. AJ1 T enant i:nsu:-a»ce policies ADcl coverage and tbe issue-rs lhtreof sbA 11 be s ubj ect to the appro•al of the Ledlord. DAMAGE BY FIRE OR OTHER CASUALTY; r1.RE INSURANCE: lZ.OlOO De!>tnu.::ion. In cz.se the build.ing i n which tlJe Lei"..s ed Premises are situated !i>hAl lbe par"t~:UJO-;-'iOtAi ly ~cstroy~ by fire or other casualt y insu.-able under sta.,dard fire and cxt t"ndcd covcr?.ge bsurance so u to b ecome partially or t otally untenantable, the S"-roe shall be r cpn~rcd i\.."i spr:cdily zs. po ssible a t the e11.prnse of L andlord, as bPreiu- after provide d, ,,~.d a just and propo rti oni!l tC p.vt of the J<.'nt ""d a U o ther chArges here- under shall be a h.., ted u.otil s o rcp:ljred, unless J..a..odlorc! shall elect not to rebuild. _!1..02.00 Rebuil ding. In the e•e.nt the Leased Pr emises or the bWld:ing iD . which the L~a.s e-d Premises are situated shall be destroyed or so damazed by fire or other casualty as to render more tbaza SO perceut or the Le;o.sed Premises or more thaD SO perceot of said buildin& w:ttenantable, Y ... ADdlord may, at its e l ection to be exer cised by notice gi•e~~ to Ten~mt :oot more tllom 60 days After the occurre n c e or tbe da.!na.ge, t erminate this Lease; but, if Landlord shall not ao elect, Landlord shall, a.s p romptly as may be reasonable, repaJr, rebuild, or r estore any such damaae suffered in the Leased Premises as iu thia Article provided, but Landlord's obligation. shall be limited to the b;:o..sic building ancl exterior work llS CO\'Cred by •ncscrip:ioo or La.l'ldlord's Work• in Ex}ribit c attached. hereto. 1 Z..0300 R epbcc::m~~coant. If s uch d amage or d estruction occurs and this Lea...,.e is not so t e rminated by the Landlord, t hls Lc2.Se shall r em i'liu io full force <tnd elfect and the pArties voA.ive the prorisions or i!.DY la1r to the contrary. Tco".ot sbllll UJ the event of itiJY sucb d ounage or destruction, unless this Lease shall be t ermi na ted as proYided ia Section ll.0 2.00, forthwith replace or fully r epair at T eca.nt•5 cost ill exterior sizns, bade fi:dures, equipment, ~od display ce!Ses a.ndoth~z: bst .. .ll a tiol!S ori ginrtlly installed by the Tenant or by a. prior t t-oa.n t. Landlc.rd ~all ba•e a.o interest in the proceeds -of &.D.J i nsUTa.nce carried by T ~:l;o..n t to the ex!e.nt of T e:;ant's obli:a!ior.s to repair or replace u.nler this Lc~e, \;"b e tb e r or not t his L ease is t ermioat ed z.s h e rein provid~d. T e,a.nt s...,a.ll ;..._ve no int~est in the proceeds of ttny icsurance carriC!d by 1 .... zmllord. 1 Z-0 400 0 e rations. T~na.nt agoees lurine Mlf p e riod of reconstruction, •estoration., or repair-Of the Leased-P.oeroises anti/or of ~a.id building to continu e the operation of its bt!Sincss i.o t.he L e?..sed Pr e-ra ise s to the extent rei"....socably pucticabJe from the sh.ndpoia.l of eood 'LH:.s.incss.. Fi.xed miN mum rent shill be abat ed proportionat ely during any p e riod ia ~bleb, by reason of nny such damag~ or destruction, there is a. subs.tA.Dtial int e rference .... itb tlJe ope:ation of t be business of T enant in tbe Leased PT e 10ises, having regilrd to the extent to which Ter.a.nt may be required to discontinue its b us.iness in the Leasecl Premises, and such abatement shall continue for the p~riod commencing with tbe cble of the d estruction or da..m i!ge a.n d ending with the completion of such work or repair &»4/06 recoo.structioD as Landlord is obligat ed to do by this Article. Nothing io thls paraE'"apla shall a!!~ or be coc.strued to a bate or climinisb percentage rent or addJtional rea.t hereunder. i2 .0SOO lAndlord's Tnsu~. At all tit:::!es dur ing the term of this Lea!:e, L~n~l ord sh~ll :r.~i~tai n i~ ef f ect. •.:it h a rt-sp on~i ble i nsurance .&oz:.pany or C01t- p c nl~s, sucn pol Jc1es of 1n s urance cover in& the Leased Pf'Pmises prc,,·idin& prc- te~t 10n on such a:nounrs as are rea sonably r~quired in Landlof'd's sole judgemf!.nt -IZ- • I . :·. I • - , • • I I / j.i f. • • • ./1 ~b ci r 1 s t <J ll c ."?!.u.l l t i r·s i rac l u ri c d u n d e r .5:t &;"ld a r d i nsu r a n ce :ind us try pr nc t ices wi th i a the c l ;Js s if j c;.t i o n o f "f i r ~ .1nd e :~o.t t ·nd ~d c ovt-r a &f:''. "bo U f:r a nd e qu i~r..o::nt cover - 2ge ". "n·nt i nt e ,·r up l ;on CO\:C·ro;gt=", o r "mu l ti -ri s 'k all p f:r 11 c ove ra ge'' and a nJ othf!'r covcr ~g e d N ·r:1r·d n t-c c s~a ry by J.andl or d o r requi r t:d by La ndlord's LE-nd e rs or L cs ~or s, £'~ch o! such c a s ua l ti e s b c:.-i n & h e r e i n afte r r e f e rred to a s aa 10 l n s ur c:d Ccs u a lLy"'. l'l.Q£,00 Tt·l;~nt's I ::s u.-.:.n c e . At ~n ti rn r~s rl udog t he t e n~ of t his L ea ... e, TcniUit s b-.U ;n.\; ,::i fo iD ··(.rfr.C f;-.;i t b i :-;:-s-po~~ib 1 e i l.<.u:~t.~c e co rc p;wy or corn p a oics, p ?lic i cs of insw-- .>ucc CO\.'CT;:J C Tc·!lant's t r .-:t rl c f i).:l;.:<·s , :u...,i !ur e:, ft.z nish ir.s;s, n oor c ov coi ngs, iD•eotory. a n d c q uip m(!l)t pro\"i rl i ng p rof t·c tio n to the t'~h·nt o f n ot l t:ss l ba.n 80 p .:rcent or tbe J"e- p l a c e:na ·ut ''alue of n.c ~a "'l)e 0!£;<1 i n.s t an b ~urcd c~ .. t.:al tr. ]~7.QQ _!fai v!!_'!! ~u~ro 5~!!__~. L dlldlo rd and T en.J n t b c:-cb y ~;~;u,t to C'a ch other, oa b ehol! of ~D J insu,.r p r o •~rli n g f ire n n d uten d e d co<orage to e i t her of the m cove ring the L cttsed Pr emises, i r..cp r o v.::rnen ls t h ereon, o r C"On t c nts th e r e of, a _.aiver of any ri&bt .of · s ubr o~ati oo tt ny s u c h in c:u r er o f on e r ·arty ru a y arq u il c '!g ;:;~ins t the othei-by virtue of paym e nt of a.DJ )o c;s u nrl cr .!o U C b i n!ill.r rt.OCC 1 !o uch Wai\l cr to b e c ffccfi'f'C S O lOD£ as ~acb is empower e d to g7a.n t ~uch 9.:a.iver un d er lbe t errlJs of i ts ins ur-ln ce p o licy or p o licies i.ovo1v e d w-itlJo ut p 'l y m c nt of a d dj f ion al prcru iums. Such w.Uvcr s l1all s t and l outua.Jiy tcrmi oa t e-CI as of t h e da te e ith e r La.mJ l o r d o r T enant ce,;o.sf"s t o be ~o ernpowt:red. N e ilber j).uty s b.UI have any i nt e rest i n the proce e ds o f U1r.u.ranc~ r ~c dvE-d by t h e o tb~r party. ex c ep t ~ h c-t ("in p ro .. -;ded. l! ~u ch waiv e r i s a .. ·;:o i!abl e , but only upon p a y ment o f addi tiooill pt<•wium s t hc oef o r, then ~o y p a.r ty rcay r c qn.ir ~ t b e other to o bt ..U n sorb Wither upoa pc.ymrot of s uch a d dj !io no:tl pre r.:ni um. · 12.0800 Additio n al P r c 1oi u ms.. WH h o ut l~aJ.t dl o r-d'110 p r io r lii'r i tt c o cor!seot, T e n a nt shdl ·;.~-;y "-"J ->f ocf of-c,;odS o ;:-{J o ~u yt hiug in o r nbo ut t he l.e .'•ed P r emi ses "hich will ia ".>::~Y v.a y t e nd to inet t"?..,!;e i ~uri'\.D c c ra t e s or i nv ;:o l itb t t" .1 o y p oli c..r on tl1c Le "se d Pr emis ~ or the b ui ldi ng in whi c h the s ame iire l oc .,f c·d: or c ;o~r ri c.-d oo L;wt1Jord's o pt-r •t iou of the C t nt e r. II L <t.D dJ o rd sha ll consent t o t~ucb use , T enan t <!gJ"ee5 to pct y i'!S addition &) real a! any ino ease in pre m iums f o r in ~ur-tnc e agair.:s t l o ss 'Ly fi r e o r CKt e nrl e d c o v ~r JI!ge r isl·.s or other risks b eing insured agaj_nst by Lillnrl lo r d rc:s ult iog f r o rn the b usiness c011r rie d on io the Lca.s.e d Prem is e s by T cc nn t. If T eo a n t i ns t.""t))s any e l ectric-".) t.""Q_u ipment th•t oYe rlo•th the p o ~er lines lo lbe b ui l d i ng, T cn;'l.n t shall, "' i ts own e :\.:pcnse, m c.'k e wh itf c v c r chanees are n c ccs r.aJ"y to c omply w ith t he r e q u irf'm c o t s o f in!.u:-ance u o d P..rwrH c.rs and insurance z-atiDc b ureaus otnd eovernm en totl a uth o ri~ies b a'\o.!d)g jW"isdictioo. A SS I G~~ENT AKD SUBLElT ING: )).0100 Vo lun tou Assi..&_nm<'n t. t\o twith ~tandfn g a ny t hi ng to the con t rary COnta ine d her;fn, lanrlford 1..•ill-not u nreason a b ly wit hho ld its c c.n s <'nt to a n a ss f&n!lt!'nt, sA 1e or tra ns f e r o f rids _l e ase by t cn.1 nt . pro vi ded t r n:mt n o t i f i e s l a ndlord i n vrftin& at ]eas t s l'X ty (60) days pr io r to t 1te pt>nding Ass i&ntn e nt. !'i.:t l e or t rans fe r . _l,LOZOO .!n~!_•u-J A ss_!g_n m e ~. N e it her t bi5 L e?_-.e nor any b t t"r P.s t therein, nor a.DJ' t:s ~a t e t h ereby ocat c d , s b ;-lJ pass to a uy t rust e e or r c cc i~c.r in b o1nkruptcy, or any as.s !g-o e e f o r the b ~ct fi t o r c u :t..i t o n; o r b y o p e r a ti o o o f law-. Any s u ch ,;o.ssig•unent o f lbe L eas.ed: Prt •n~.s es to any o f s~j d p ~r.sous s l1all be d eem e d to b e a . d e t ent io n of the p r emises a 1 ut shall gi ve L i!.O dJ or d the un'}t.:a lified right to ent e r llpon s aid p r e mises and r-r:move aU T enant i n•enl o ry, goods, Hx lu.res, and f urnishings and store the same at then preni W.c s torage rat es l or tlle account of s uch p erson a cting UDd e r z.s signme.ot froiD th~ Tenant aud s uch p t:no.a's r e f usal to all o w L andlord to s o r e move said iov e nt o:-i e s, c oods, fixtur es, ADd f u.rn.i'i b i.ngs sba.JJ coru.ti tute an unla w ful holding and •aid person shall th ereupon become liabl e to b e dispos.ses.s.e d and removed fr om tbe L ea.. .. e d Pre m ises and/or to pay ruett m in iiD um r ent OQ a d a.il y b asis., in a d ~a.nc e, i ll aD amount e qual to Z/36Stbs or the anJJual fi x e d m i nim um r C.D t ot11e.r wise: payab)~ und er Secti o n Z.OJ 10, plus any percentage r-e.ot or adttit i onal r t"...n t other wi se Jlaya b le h t'r c und~r. Tt:n a.nt may assign t hls L~<coe o r $Ublet all or a p or t io n o f t h e L ci"-'H.•d ?rctnis.cs t o a piUI:"ot o r !>u bsicUary owning o t o wne-d by T e na.at to -13 - • - #J I ' :: I • • .. - / ·. • • • • • • t h e ex tent o f d t l c;-..;t S O p (:tC <;nt o f the !i>l o c'k, t-qu i ty, o r o the r prop ri e tar y intcoest t he:-.::i n, p r o~id <=d T c:r.:t.n t ,•·ld i\JJ (!Ua.ra.,t ors o f t his L ease exp:e!io sly {i.o ~riting and io form !io a :is !~c t o ry to L andlc.rd) u:~?iD li able a,,d gu a:an t c c perfor mance of t his Le2.5e .-.t.-r(·cr·w n t, ~ifb o ut 0\.!l f t..h ;,,l(!~ in ofLer p:-0 \~sioas. of t his L ~::o.s e. 1 _3.03 ~ _E~!.-·c ~ of _f\!io •,it;w_o C"!!.!_-Auy zs~i~n .ncn t o f t h:s Lc i:.s e by tbc Tenant w~tbllut L tta~l t>r d's ]n ior .._ri :t c n cor.J.t·nt sl:,.U be v o id n 11d give L ;o nf1Jc.r d the rig ht An d ophon to t ermin"te t his L e.-~e upo o 3 0 d <!ys' prio r ·.-r i t t c o notice t o T e:nr.nt 011nd iLD J p ersoo so !'lol lii o: the L eucd PrNni~c s !iohall be ·•i:hout ri~ht or t i t1e tht:r c to e nd be subjtct to evic tion as ~o tlll~ol -.:o f nl pt•~!i>C!I.Sio o of real p ro;>c rty. 13 .0400 C o~ts. T t:nant a grees to rei ~bn:-se L andlo r d f or L.,ndlo rd"s re:asooable attoT- De)'S1 f;i!5 i;d-othcr CXpCil.!'CS i ncurred in COnj L'n ction \t'ifb t he; ptOCCSSing and doc ument~ f ion of "'DY such re~u e s t e d t rans f er, ;:....s.!!>ignmc nt, subl e tti ng, lict'_'lS i ng or concession awee- Jocot, change o( o oo.:n e:!iohip, o r bypothec-"ti o o of t b.i s L ca~c or T enant's int e rest in .--Dd to the Leued Premises. EMIN E NT DOMAIN: 14.0100 F:H ect -Procccl!s. U th e ~,;h ole o r any part o f the Le :o..se d Pre mises s baJ1 be tak'C;)by o:tDy J-lub 1i'C"~uthc-rily Wl c3 e r the power of eminent doru .U-:1 1 thP..o the term of this Lt ase sl1i"Jl cease on the pLt.r t so tak e n from the date the pos!l>essio n of that part shi\ll be required f or rtn y public pur;>o se, and Rent s ball be paid up to tl1at day. If such portion of tbc l.e ;o..!.c d Pre mises is so t ,.,'kcn as to d e st roy the usc fuln ~ss of the prt!LOises for tbe purpose for v;hich the p oc rnises were leased, t he n, from tha.t day, botb Landlord and TeDant sh all ha•e the right to t e rminate this Lens.e w ith in 30 days tbere.Ut c r; but, if tbis Lez.se is Dot terminated by either, Tenant 5hall cootiOJ ue ia !be poss eM ion of the remainder of the Leu.ed Premises under the terms h e r ein provided, i..o ~•bich latter event tbe f ixed miniwum rent and other charges {but not p e rcentage r-ent) sbaU be reduced in p roportioo to tbe ~ea of the premises taken. All damages awarded for such taking shall belong to and be the property of the Lan dlo rd whether s u ch d amages shill be awarded as compen- sation for diminution in value to this l e~sebold OTto L<'l.n dlo rd's underlying leasehold or fee of the premises herein lco"'.Sed, provided, however, that Landlord shall not be entitled to any portion of tbe award made to T e nant for its fixtures. ARTICLE 15 .0000 ACCI::SS TO PREMISES: 1: I. " l 5.0100 Effect-Rights. L a .ndlord and Landlo rd's autboriz.ed r e presentati•es shall ha•e the right to enter upon the L eased Premises ~t all reasonable hours for lbe purpose of inspecting tbe same or of mal...i og repairs, additions, or alterations thereof or to the building in wobich the sarce oa.re loc 011tett, or for the ptupose or exhibiting the Sl!me to pros- p t!ct ive tcLaot s, purch2..Se:-s, or othe rs. J.n case or C("Ss alion of r tquir e d operations, fire, or emerge ncy, La.mUocd m a y open or break d oo:-s, windows, o r l ocl·s to the l'xlent reasonably neccsr.ary to ent er into the Lc as.ed Pr em~scs to prese:-•e a.,d pro t e ct tbe premise s or othe r portions of t he C f!llte:. L a ndl o rd shall neit be:-be Hable th("oe ro:-to T P..nitD t in any m anner t .~ or r espe-ct nor sba.ll t be e z e rcise of su ch r ight be d ee:::nl"d an eviction or rl is turbn..;:a ce of T cr.~.n t•, use or quiet po~ses s i o n. TENANT TAXES: ~.0100 Te»!o_!_Li._a b~. T enant sb.Ul be li abl e for aU t ue.s, wbe tber oo r eal or personal prope r ty ~cb~d ul cs, ;;o..sst=:;sc d cgO\inst the: p e:-son al prope rty, t rotde fixt nrt'"s1 and leasehold i mJ-Iro vements p~aced by T enant (o r by L a.o d.lord) io or a 'Lout the Lei!. sed Premises, ioclu4- ~c, but witho ut prejudice to tbe generality of the f oregoing,, shelves, coUDters, vaults. vault d oors, ""~ ~ales, partit ions, fixtur es, machi.D e ry, floor or w&ll co•erings, electric.U or plumbiog f acili ties, apparatus or eqWpme.Dt• d ecorat i •e features, 5pt:Cal effects., prbtiog p res.ses, office c:qWprxH!Dt, computers, plaut equipme:~~t, atmospheric coolers ADcl r e l a t e d !acilitie-s, OU)d a:o y other property installed by or at tlle expense of Teoa.ot oo or 101i thin the L eoua ed Pre mi ses, vbetbu s uch property is like or wili\.e the foregoi..o& au4 whether or not jt btcomes pout of tbe realty upoD installatiD::2., it b e ing the i..oteotioa h e r ~o f that L ~dlord •h~ll only be liable for t&.&es, rm~ect to the provisions of Sectioa.a l .OZOO aod Z-0300 b~r e of, on the b ~ic b uiJdin& stru c ture, standard ~xtcrior ~alls, ;uacl ~tore or office fr o:oh, ..w d i n t erior prop e rty to t he e~tcnt r equired to l>e s upplied by f~, -14- _(~~ • --1 :::J · ... ·:-:c .. ; -..;.:'· ·~·.: . :~ ,. I • ;: ~ - /. I t ~' • I I I • ( • • • L a nr11ord under its Standa rd Form ! .. ease and tb&t Tenant shall be liable !or tAXes to the c &h:n l of the value of auy addHion&l property t h at bu b een or will be installed therein .. U o:toy ::.uc b t i\XO::S are ~se s .. ,..d ilf!"'irut the L andlo rd oc Landlord's p roperty, or if the asscnecl •aluc of Landl c.r d's prc-mis~ is iocu.a ~c d by the inclus ion tb.:::r c io of .a •alue pb.ce d upoa such p:o_v c rty, the n 1 .. 3.n dJt>rd s hall <\c.lvise T e nant of the am o unt of any such asscu~cot and T c n ;4nt !ihitll promptly pay or n ·irnbur!<.e Landlord for aU Llx e 5 resulting from the ume. L <!ndl o rd•~; right to p a.y s uch t ax es b ased upon citl.··r the assessmcDt of the s.dd f.otlJpcrly or bou.ed upon ao incrcA~e io the as s c~cd va1ue o : L;mdlo rd•s premisu shall be UJUCstricted .-egardless of the va lidity of such assessment. Any b i lling by L~dlord to Tenut on ;tccount of ~uch incr~ased a ~sessm eats shall be payable cu additional rent bJ Tenant on or before the date upon "'·bich the next renb) payment is du~ hereunder. ARTICLE 17.0000 REMEDIES: 11.01Q!!. E):piratioD of t~ Term. Upon the happening of any one or more of the follow- ing events, which c•ent shall be deemed to be and hcrcilfter called a breach or default of the Lease, Landlord roay gi.e Notice to Tenant stating that the term of this Lease shAll expire on a date (not Je ss tha n t e n (10) uw wore tha.a 30 days after the giving of such Notice) a.od, if s u c b Notice shall b e t.Tiven, the t er m of this L t=as e shall expire on the date so stated, by Jiruitation of time: 11.0110 The making by Tenant of an assignment for the benefit of ita Creditors; 17.01ZO The Je vyjng of a writ of execution or attaclaJDent ODor against the property of Tena.ot and the same is uot released or discbvged within 90 days thereafter; 17.0130 Tbe iostitution of proceedings hl a court of competent jurisdictioa lor the involuntary reorganization, liqW:dation, or dissolutioo of Tenant, or for its adjudication u a biUlkzupt or insolvt!ot, or for the appointment of a receiver for the prope rty of Tene\_nt, and s aid proce edings ue not dismiS5ecl or any receiver, trustee, or liquidator appointed therein is not discbarg~d witbia 30 days after the institution of said proce~dings; 17.0140 Tbe institution of proceeding5 for the volu.atuy reoreanh•lioa. ba.hkruptcy, liquidation, or dissolution of Tenant, or if Tenant shall otherwiae t~e advantae:e of any state or federal bankruptcy or insol•ency act; 17.0150 The abandonment of or removal of inventorin from the Lease4 Premises for 'a period of icn(lO)or more days; 17.0160 The do inc, or permitting to be done, by Tcna.ot of &nJ act wbicla ~a mechanic's lie n or claim th ~refor aga.inst fhe Leased Premises or the Center and the same is not release d or othen..,·ise provided for by ind~mai fication satislactory to Landlord wit biD 10 d a ys thereafter; it.Dd 17 .0170 The failure of Tenant to tim e ly pay any installment of re~~t or other charge or money obligation h e rein required to b e paid by Tenant within lOdays after the date when due or to p e rform any one or more of its other covenants unde r this Lease wit biD 30 days ~ter Notice. No twithstanding any s u c h ex.piratioo of the term h e reof, Tenant shall remaia liable to Landlord for the s um of aJJ r ents a.o d charg e s paya ble h ereund er as h e reinafter provide-cL 17 .OlOO Obligations of T e.o et. Notwithstandi.og any ea.rly expiration o[ the term of ~se and/or a r eenl.rJ i.oto the Lease-d Premises by the Landlord u per-mitted ill tbta Article and Article 18-0000, it is s tipulated a.od agreed that Tenant shall remaiD Jiable to La.od)ord for d amages for breach of this L ease and of T enant's co•eoADb hereuoder iD aa amount equal 1o tbe tot<ll of tbe follow ing: 17.02.10 AU fill:ed minimum rent, perceot"ge reat, alteruate puceataae r e nt, Commo n Area charges, late charges, addi tion~ rent payable for tAXes illl d oO...e rwis e, and any a.n d all other cbil.rgcs payable by Tenant hereunder ar under other au>"l'"ee ments with the Landlord (all of which are ':efene4 to in this -IS- • .· ....... .: ~·-~ ·' : · .. . ·. . ·: .. · .. ; ...... ' I' I .. I • • / -- , ; ./ • • • • SC'c tioo Dnd che·.t.:here i n t his l..C"i\S~ as •Rents•) lu~ for the pi!:riod prior to tbe rlttte of t e :-rninttl ion of this Lease but uopa.ld, to;:ether wi th additional late ch;u-gc s fr oo n due rl.l tC until p ;:oj d; PLU:i l7 .0 Z.ZO .~11 cos h i\n d e~pt::::!>es incurred by L andJord i.D connection witb ;o:.:~--;try ~.-,d rcpo!.s~o:.!t ioo of the Lea..o;e d P;(·rn i!t c s, the rcpi'l ir, renovation, re- Jn odeling, o: n:~e c or.:tt ioo t~erc·of to the state r e:quired by this Leue upoa ;erminatio n or ~.s may be necessary for relettiog, and a»y brokers' co~rnla sior.s1 -.ttor :l.~ys' fe es, ;or.od o1bcr cl;;._r;:cs incuroed in connection therewith or iD cc.nnect ioa \4"itb rclcttiog the L• ?...se d Pn~rn:scs, including attorneys' fees. f!J.pe nded io tbe collection o f a.Jl Rf:"lts; PLUS !!.:.Q_2.30 A s um equal to all Rents wbicb would have been pay~bl~ hereunder alter the date of t e rmin ation or r-eentry for the balance of the terru of the Lcftl.e had the Lease not been terminat e d or r-eentry made, together willa inte;cst thei-eon at the rittc of JS percent per annum from due date untiJ paid, PROVIDED THAT, in the event the L eased Prernisl"s is relet (which relettiD& sh all in no event reli e ve or :-clcase T e:J.<"nt of or !roll) liabiHty for damaaes bercundt:r) for rt.ll o r any part of t be balance of the orig·ic0\1 term b e .-eof, then, for each mon th €luring such reletting for .:ohlcb Landlord receives any uet avails of !'ncb r e l c tting, Tcn"'-D t sbaJI be cnti!lcd to a credit against its liability to L "ndJ o rd for s uc h month in an amount e qual to such uet avails, aod PROVIDED FURTHER that, in li e u of damages as set fortb iD the forl!eoio& provis ions of this Section 17.0Z30, Lanctlord may wa.ive such fo regoinc pro.i- sions and elect, by written notice to Tenant within 90 d ays after terminatloD or reentry, to receive forthwith as liquidated damages for such breach, iD addition to the amounts specified i.o Section 17.0l10 and 17.0l20 abo•e, a su• equal to 15 percent of the R ents (as defined above) which wou1d ba.ye been due a..od payable for the portion of the balance or the term of the Leue from the date of early termination or reentry tbrougb the final Lease Year. 17.0300 Relettings. Nothing contained h e rein sl1all be construed so as to cbaree LaDcl.- lord with OUlf duty to relet the Leased Premises i.o the evut of termination o.r reentry b erewader. In the event, however, that the Le<".scd Premises are relet, the &mount of reot re~oerved upon such relettiDg shall be prima fa cie to be the fair and reuooable rentill value of the whole or pa.rt of tbe premises so relet during the term of relettina. On &DJ sud~ relett i ng, the terms ilDd conditions of the reletting sbalJ be such as. COUl be neeotiated by the parti es to such rel etting and LaodJord shalJ not be boU!Id in any WAJ to conform the terms and cooditio!lS of such t"el e ttiog to the t erms a.od conditions of the proT.isions of this Lease. In no event shall L andlo rd, as a condition upon the recovery of d;unages hereunder or otherw ise, be obligated to give pre f e rence or priority to the rc1ettiog of the Lea.sed Premises as compared 1o other prem:ses ..,h,icb are tbt n available in the Center for l~ase, it b:!bg e>."J':-essly a&eed t:'1a t Landl o rd shall bave so1e a11 d abs.olute clisa-etiou ..,~to which Tacrnt or \..nlcased spo .:::~ 5-Zal.J be l eased to a;, .. .-.. i.!able t t-::ant. , • :~ ,.1 ., ••• • I •• ~or • I·· • ·' .. I .. , ". •.' ' . i•. .. ~· ..... ·1 . ·~ .. ' '· ·:· I • ~ D a~~s-~b1e . AU dam a ges payab1e tmder Sectioa 17.0Z10 sball be &D4 i.J 'Lecome i mmediately due and payable upon ~ate of t e rmination or r e~otry. AU ~amagcs payable under S ectio n 17.022.0 shall be payab1e a!'ter t e rrn ini!tion or reen try ·as osn d whea iucurred and ~ith.in oot mor e t han 15 days a ft er ·a ritten de mand tbr.re f o r ba..s b een miide upoa T t:oznL All d<"Jnages payab1e r-..s p r ovided iD Section 17 .0Z.l0 (eacept liquidated da.mo.~e s) sball b e pn.id on the d a te or dates wl1e.n the correspond.in& re.t~ts or other cbu-&es wouJ d have b een pay011ble hereunder if this Lease had r£-mained in effect, and La.odlof'd may sue for and coUt:ct an.y a.mou.nt due pursuant to tlu~ provisioo.s of sucb Section afte.r the s.a.me becomes due, l;Oitbout p rejudice in any w&y to the rights of Land1or4 to enforce the collection of ~otmt.s subs equently coming due. In the eveat Landlord electa to collect and recei•e lu)Wdat~a damaees pu:suant to tbe prov'.sio!lS of Sectioe 17.0230. sucla l iquidated damages shall be due iilDd payable withiD 15 d<s)~ a f1 er noti c e of the amouat AD4 d e1.oa.od t berefor bas bee.n gi•ea in wdti.ng to Tecant. U, bec.-~e of a.oy ba.cltruptcy. i!aol.eoCJ, or siiZ)i!ar s!a tut ~s, the right of Landlord to collect dam ages shall be limited to a.o amouut l e~• t h~U~ would be payable in accord ance with t he pro'r'"isions of this Article_ Teoi'.!llt ~hall be li~~)e 1o La.odJord for the fu)l amnuat of IUlJ d ama&ea rrco•erab)e by l..aodlo:-d uodf'r tbe circ-um~t ances. -16 -... •\, "• 0 I • • - / c ' ... • ' <. 1 • • • .!J -0~~0 T';:n~.JJfs___9oo~. Upoo ~y l f"rmina t ioa of the ~:.state as .. rorcs~id, Lan410td rr.•y :-eenter the LoeiU.•d Pr e-mi •es v:ith or ..-itbout J>ro cess of 1aw 1 usioe sucb force u may be D <"r ~uar y, 11 nd ,.em(l e &.Jl pt"rJ.O'U a"'d c hatt,.Js n.f!refroll) or m~y, at LOUldlord"s optioD, c A.!ll e tb~ tKl.s o r o lL("r wri"'C r c :u-.e T ~na.n t •ere s to or possess-ion of the J ... couett P :e m:~ C:'-'c e pt fOI' r.....-;._," .... ol T e n ~o t•~ •e.:wo"&l of •~r personal property therer.."• '"'L ie"*' ;, oot tbe pr r tr of t.. •. adlurd, .-.nd Y andlo rd hdl not L~ Ji;~~bJe for ~am~aes or otbu.-i~e by u~svo of •ny o f i t •< Is io kl c c.r~~occ l bcr cwith.. Any prc.perty belongioc to T enUlt or Mf p erc,c.c l•ol~uc y, t rO•!t;':l , or und r Tr ~a..nt or othu....,ise fou.n d upoo the t.c .-... e d Pt~ua i sn fD A f be t mo~ot>-cl tb rcfn»oa &..'14 a.toted io AnJ pubJic warehouse at tbe cos-t of and few the -Cct.'u :!Jit of Tec~t. lf T~n aD t sbould il~don, .... cate, or surrender tbe l..c ~~ Pr~lD h.••s or be d i spM~"''-"t:d by ptoctu of IJ, .. , ao7 personol.l property )eft upoo tbe Lt!~d i"tcftJ il~ o;;a y be de:t-ODed ab-.odooed, or, •t tbe-option of Lan,.Jord, ou such reeDlrJ Landlord ICiiiJ td .. e posse~•iou of a..D J ~:l C! aJI f ur1itwe, fixtures , or chattels in or on said premlses 1t:NI RU the ... u'!l e ill ""ho le or io p .. rt, woitLout filin& suit or obtaininc ADJ eaecutio. order or dec ree, to t he h i~he5t bidder for c&.sb with or without s&id propert1 beiJ:Ic pre~ot at sa.id ~Oil]e (Tcnlllb:t n~rcein& to mAke de!i•e r7 thereof to the Purcbuer) &Del •pplJ t.be procet'ds Lbereof to t_be P•Jmeot of c o sts a.o4 t:Jtpe:nses of tald.ne ud J"erao.loa u.i4 propertJ &Dd bolc:.i.ng of sitid s•le and of reDts b e! amounts osin& Landlord, aad Tc.uADt apc·a to rnAke eood an7 deficiency. Tt:Da.nt ~expressly releases Landlord and Ita successors and 1\.S"ic:ns of All cla.ims which might elcist by rell!.OD of auy t erruio~tioa of or ret:DlrJ wader tb~s l.c~sc or reroovo:t) of Tenant's property ptirsuant to the provisions of tllis Article 17.0000 ftn d hereby \~:ai\•es aoy iUld all rights of rf!demption u o der any s t atute 01' rule of Jaw Ua effe-ct at the time of the t c rminatioa or reeotr7. !.?.:_<!600 !!la~.!!f _f.:.~•.1l.or d _!~ ,9~-In tbe event of iUlJ bre~ch hereunde-r bJ T enut of .any of its ~tifec&.Ocn ts and covenants contained h erein, LandJord may (but oeed not) humediil.tely 01' •t any tirne therea ft e r, without notice, cure any r.ucb bre.acb for tbe account az.d at tbe expense of T enant. U Landlord at fUlJ time, bJ r-euoo of such 'bre•ch. is competled to paJ or elects to pay Ulf sum of money or do a.ay •ct which will ,.quire lbe parmeDt of ADJ sum of money or is compelled to incur &:ef e.rpe_!!~e, inclucfjoe reuonab1e ~ttoroeys' fees. i.a institutin& or p r-osecutinc a.uy action or proceedine to e..aforce LaudlOJ'd's ri&hts h ereunder, the sum or sums so p..id by Landlord, with interest theteoD at 15 perceut per annum from tbe date of payment thereof, shall be deemed to be additioDal J"eot l:ereunder aod shall be due from Tenant to Laocllord OD the ru-st day of the moatla fo11owiDc tbe: paym ent of such r-~spective sums or e xpenses. ARTICLE 18.0000 SURRENDER OF POSSESSION: ~ ~ Required. At the e~pi:-a tion of tbe term h e reof, whet.l:ter by J01pse of. time 01' otherwise, TeoaDt sba.JI surrender the premise-s in good condition arad J"epair, reuoDab1e wear and tear and loss by fire or other una•oidable cz.sualty E".xcepte-4. )8.02.00 Effe-ct of Ret ention. Io the event Tcu,u,t r-emains in possession of the Lea!';ed ~s After t he ell:p irat ioo of the 1 erm hereof, aod without CX<!Cut ion of a new leue, it shall be de e med to be occupying said premises as a t enan t from month to month,~ ('!J_ r: .. _A: ••• :.lii .'E 1 -v •, subject to all the ~conditions, prorisior-.s, and obli&ations of t his L ez.se i..:::.so rar as tbe so:tme are c.pplicilble to a moot~-to -m ooth tecaocy. 18.0300 Recova) of Fh:tures. Upo o the CXJliration or tbe term hereof, if Landlord so leques!s io :;;rrrng;··fe-..;~f:(Olii\IT promptly r emo ve ani additiocs, fixtures, and i~taJJatiou placed in the Lei!.Sed Pl'-e;nises by T ena nt aod desi~ated ira s.ai d r equest and tepair a..a.y ~r.mzge occz.sion~:d by such remo~als a t T~ant's P.-pense and, io d e f'lult thereof, L andJord . u;ay effect such r-emo"·""..!s. and repai.""'S, and T cc;:m t sl:.al l pay the L andJord the cost thereof, ~...,jth lnt erest at the ra te of 15 perce nt per annum fr om the date of payment b1 Li!..DdJorcl; a.nd, if L aDdlord b;u given notice t hat possession of all or oln y part of 1be Leased Pr~misea is dcman~ed bJ a ~-uccce<tiog t enant, T~nant sbaU be liable for a.o1 loss or damaae sust ained by Landlord or such succeeding t eca.~~t r e.sultiDg !rom Tenant•s f&i.JW'e to su:rre.nder possession aftu 5uch notice. The obUeatioa of Tenant h ereunder shall slll"Yi•e the expir.1tioo of tbe term of this Lease .. ARTICLE 19.0000 GENERAL: 19.0100 Coasents.. W'henever under thls Lease it is requir!"d that tlu! Teo;tnt secure the Co~ or approva:Jor Landlord, s ucb consent or approval sba.ll b e in writing aod shall not be unrea.sot~abJy withh e ld, sa~e t ha t Landlord's ritht to ... dthhold CO!l.S e nt or ~ppro•Al to the -17 - j I. I ! !·": · .... 1. ., '· ,. . ' . _. ., .": ~.:;:J~-·· ' .. ~. . , .. '·• .! .. ·~· .. ., ... ,, .· I • • - './ / ! / ·. • • • • ;o.,!;si;.~mP nt of th!s L c."'..j.e, a !>ub l c tt iog of th~ L t•;.o..!.c d Premise s, or to use of cc.ocessio%:5 or lkt·cscts by the T ·~n a.nt io the L c;-~e d Premises shall rc t.Do.i o unquaJified. l_~.Olj)..Q. ~~1c..ti~~~·-!..2· Notbbg her e in coohbcd s1:.-:tll be d eemed or cor..stru~:d l.IJ tbe p ;;,r !ies h e r t to, nor by "--l Y third party, as c r ca t i.!)g tbe rcL1tions bip of p dndp&l ~od il~c-at o r o f p;utn .!r ship or of joiot venture bet Wt'CD the p;uti e s h e..:~t o, it being un derstood ~..ntl ~g-.. c;(!'d ll:i~l nei :!)f!t the me-thod of co:.oput at ion of r<::ot o,:,: a..:J y othe r provhio.a contAioe-d b~:-e in, nor any ach of the part ies h ~>reto, sh all be d ee:ne d to Ct {'a te a.ay relation.qip bet..-ecn the pa:tie:s h ere to other tba.n Ou~ relationship of ];u.,d.Jord And trr:.1nt. \\'hcoever bcrciD tbe siogu)ar nuonber is U!.e-d, the same sbaJI include tbe plural, and the m.-..scuHoe e end e r 5bidl include the r~~i nine and neuter gende rs. 19.0300 No \\;;jver. The "~a..r ious r isbts cmd reLDt=c!les herein cont ained it!ld reserved to c=ch of t.lu~ pCiies shall not be co!:lsidered as exclnsive of nny c.:ber right or :-emedy of !'ucb p.uty, but sb-.11 be cocstrued as cumulative ~nd sba11 be i.a -.dd.ition to e•ery other remedy now or here after exis:icg at law, io equity, or by statute. No delay or omiuion of the right to ext:J"ci.s.e aoy power by either p4rlJ sbaU impair &DJ such ri~bt or power, or •h&ll be construed as a waiver of a.IJY de!auJt or i>..S acqu.ie•ccnce therein. Ooe or more w.il.h•ers of UJ' covenant, terrn1 or condition of this Lease by either party shall not be cocstrued b7 tbe other p."lrty as • wai ver of A ~ub scqucn t b :<!a.c h of the sAme covenut• term1 or condi tion. The consent or appro~al by e ilber party to or of AnY acl by the otbe.r pArty of .a oatw-e requiring c oou.e nt Co:" appE"ova.l shall not be deemed to \oC".U•e or render unnecessary cor..sent to or approval of any ~ubseque nt similar act .. .!!:.~!~ ~_!~1SEU .fi c ate5. At aoy time (a nd fr o m time to time) Tenant •&Tees upon t-equest io W"riting from L&ndlord to e-xecut e , A c kno\C'l~dge, CL.n d d c-Jiver to LMdlord • st~temeot iu. •·ritioe ccrtifyine tbat this Lease is unmod.lficd and io full force and effect (or, if tbere l;ave been m odifications, that tbe Si\me is in fuU force and effect u modifie4 ADd at.ati.Dc the modifications), and the date5 to whicb fiaed minimum rent, percez~tace reut, II.Dd other cha.tlt!.S have ~ea paid. Faj lW"e by Tena.ot to execute, ack.Dowledee, and. deli•er such statement to La.odlord within teo (10) business days after receipt of LADdlorcf'a request shall constitute Tenant's ack.oowledgme.ot that Landlord's stateme~~b wit'b respect to such matters are correct, which statements m~y be relied upon by third. puties, unless Teuut advi5es Landlord of modifications or conditions not coMislent witla Landlord's request. ~ Captions. The beadings of the several Articles aDd Sections contained hereba are for convenience only and do not define, limit, or construe the contents of such Arti- cles ~d Sections. All ne~:otiations, considerations, representations, and underst&.odinp betweea the parties are incorporated herein and may be modified or .altered ooly by agree- ment in writi.ne between the parties. Pbrcses such as •the eq>iration of the term of this Lease• and those of similar import shall include iiUl early termination of the term for cause as provided ia Article 17.0000 hereof • .!.2.:.0600 .Del~ys. Whenever a. p e riod of time is h erein provided for either Landlord or Tenant to do or p e rforiD a.ny ilct or thicg, such party sbaJJ not be liable or responsible for. c.nd there ~a.JJ be excluded from the coo:nputa:ion of sucb p e riod of tiLDe, a..,y df!lays due to strikf!s, rio!s, acts of God, shortazes of laOOr cr rca t e ia.!s, nationaJ emerg-=nq, ach of a public enetoy 1 gov e rno:n e ctal restrictions, l a tA·s, or r e (!Ulatior.s, or any other cause or cacses, wbetbe r s imilar or dissimilar to tbose enumerated, beyonrl its r c.-.soD?.ble controL The provisio.!lS of this Section s halt oot operate to excuse T enant frora the prompt payment of Rent as de!int-d i.n S e ction 17-0l10. · .!2.:.9700 ~g Effec:!· The cov enants, ~greetneots, and obligations bereio contWecJ shaH extend to, b int!, a nd iuure to the b enefit not only of the partic:s hereto, but their r espective p ersonal reprcscut"lives, heirs, successors, and C!.Ss iges. Rowever 1 tbe t~rm •La.ndlord• .as l!Sed io t his L ease, so fu ?..S c ovenants or obl jgatioc.s. on tbe put of Ludlor4 .,.e concerned, shall be limited to meaD ~d include only the owot:r or-oi!Vners or morteagee in pouession, at the time io que stion, of tlle builc:liog contai.ni.ng tbe Leue4 Premises, either by reason of o•n ~rsb.ip of the fee or of a grou.od leue bold interest derb- ine !rom the o•ner of the f ee; and, ia the e•ent of ~J' transfer or trcu:sfers of the title to the b uilding Ua which the Lea.s~d P,.e:nises are loc ated, the Landlord herein named (a.ad ia cu.e or ~7 s ubse queat lransfer5 or conveyances, the tbc.n-tra.csferrioa bndJordJ sb&ll be Automatically freed Ol!Dd .r e li e•ed, from and a1ter the ~ate of 5uch triUI.Sfer, of aU Ji.abllitr .as l"e:.ij..<oects the p e :for oa.n ce of ii.Dy c o•ena.n ts or oblizations contained U. this Lcii.Se oo the ya..r t of Landlord thert'~fter to be p ~r forrcr-d without furth e r agree rn ~at betwee.a the -18-. • . .... .·:) .. ~ ... ~ ' ~,·.~ . . ·.~ ~ :! .. '·~ ' . : ..... . •·:;"" .. · ... • .. "·:.-;· "'~.~ ....... . ;,.·.· .. .,\.·" ··:~" :. "• .... , ·.-:: .: .·r' .-~ . ~. .. ·,: ·· .. }; ·:.· :-.•,, ~' ~"~.,~I." .. ; ' . , . ... ., 0 I • - • . ' , ( . .. • I I j .• • ( • I I .. • • • p•rlies or the ir succc•sors U. iot crest or beh..-ee.a tbe parties ...,d !be parcb•ser, t .ar.s!erce, or li"""lee upon aoy sale, tr;u,s!er, or con •eyADce, io lht it s..'>.Ul be dceODed And construed th~t any •ucb )'urchascr, lr•~•!er ce , or g>antee h•s "-'sumcd or •pe~d to c-.sry out "Of •~d aU •&>•~mcn ts, covc~Mis, •nd ob!;j;J:io-. of Lan~lor<l under this Lease • 19.0o OO Juri"'Jctiun. The porlies loorcto s~.UI and :hey b otchy do -.a; • ., tri.U by jury Ia ;,:,;; ~ction, prc.c~di~-; or countcrclaho brouzht by either o! tLe .P"-<Iics hereto •g~inst lbe other oo "-Dy matters .. hMsocver ...,;s.ing out or or in •ny way t·onnected witb this Leue, lbe relatic.nship of Landlord and Tcnaot, Tenant's use or occupancy of the Le•sed Prc!Dises, and/or any claim or iojury or d~rn•ge. IJJ the event L;w!Jord co;nmcnces ""Y proceedings for non-payment of Root (•.s that term is defined in Section 17.0Z10), Tenut will not U.terpose any countcrci.Um of .,bate•er nature or df'scription io My sucb pro· ccctJngs. This shall not, bo-..ever, be coostmcd as" •>-iv~r of the Tenant's right to assert such claims U. any sepa;-ote a ct ion or ~cliocs brought by the Tenant. Jt is ag>ced lh;at, if •ny provision o! Ibis Lease shall he determined to be •oid for any reason by aoy court of competent jurisdiCtion, then such dctcrminalioo shall not a!Cect any other provisioo of Ibis l.eue aod all otb~r provisions shall rf'm...U, io ruu force and e!Cect. Landlord And Ten~t lg>ee that, in the e•~n t My provisioo hereof restricting the bl!siness activities or either or thoro in <wy way is so rl c termbcd to be •oid, Ibi s Le>.se shall he construed U. lUly tbu pendio11 or subsequent liti~:atioo between them ""· tbougb tbe voided provisioo had n~ver been U.corpo rattd bcreio. LMdlord and Tenant ag>ee that the laws or tbe State or Colorado •ball govern the validity, p e rformance, and enforcement o! this Lnse ""d that !or th~ par-pose of this Lease or any suits at law or ;at equity brought pu .. uut hereto, Landlord and Ten"--t shall be deemed to he residents for tbe purp os~. or jurisdictioo ~ venue of either the City and County of Dcover or !be Co•tn ty of Ar .,pahoe, eocb ;, the Stote of Colorado, and !bat c•cb berchy consents to and shall be •ubject to the proceu And jur;sdiclion of such courts and, in the event they cannot he found withU. sa.id jurisdiction for purposes of •ervice of process, e•cb of them hereby appoU.ts tbe Secretuy of State of the State of Colorado as their a&ent for service of process, providiog that a copy or any papers conceroU.g ncb ouit he mailed, certified mail, to lbe party s.ought to be ser•ed at bis last known address as provided in Ibis Lease. Tbe provisioDS of Ibis Scctio11 shU also apply to all assigns, successor U. interest, and a:uaraotora of the oblicatioz:s of either Landlord or Tenant who shall each be d~em~d lo hue conseoted ~ ag>eed to be bound hereby. 19.0900 Compliance with Law. Teo;u,t ag>ees to comply witb aod to requb-e Ita COD- tractors to comply witb all federal, state, and local laws, ordinances, regulatioDS, lUld direc!ioQS relatU.e to tbe ee>plo,U,ent, conditions or employment, and hours or labor u. connection with any construction, alte<a tion, installation, or repair work done by or for the Tenant U. or about the Le>.sed Premises, aod also ag>ees where possible ;aod to the extent permitted by law to eroploy and requlre tbe employment or union labor Ia COMeclioo ... ith such work, unless wai•ed by Landlord in writ lag. rr the l-andlord shall be damaged as a result or any breach by tbe Teoznt or Ibis coveno.ot, tbe Ten.,.t Og>ees to pay to the L aodlord the amount of such damage as additio r..:J rent under Ibis Le;ose. 19.1000 ~table R~J!.e.!· Tenant uoderstaods !bat each of tbe sep;uate cooeno.ots or Te"aot b ere..,der constitutes a separate and ma:e ri't) inducem e nt by • Landlord to oxocute i>Dd d oli •er this Lease >n d foe preroises d e mised h .reunder to Te~;;ot and that dornages for h<eacb or co•er.aots not «quirU.g tbe p ayment or r:noney are dillkult to ~>ess. T en>..,! ~.g>ees that, in adrlit;oa to any olher r em~dy L andlord ~I;ay hne with >espect to any b<each of a ny coveoOU>t (oot requiring pa,-:n ~nt of money to L...,dlord) mode by T on..,! herela, L am!lord shall have tbe right to seelt «lief at equity by way of specific p •rforma.oce, m>odatory in junc tion, or othendse, U. order to a:o s ure Tenant's compliance . with c•ch and c.ery of tbe provisions h ereof on Tenant's part to be performed. .~RTICLE ZO .OOOO NOTICES: ZO.OI 00 Method for Giriog Notices. Whenever under this Le,..e a prov'.sioo is made fOI' n otice o! "-Dy kind, &uch notice shall be U. writing aod signed by or oo beba)[ of tbe party giving or ma!Wrg the ••roe, and it shall be d ee med su!Cicient notice aod senice lhereor if such notice is to Tenant and sent by registered or certified mail, pos!age prepaid, to the l ast Post O!fice addreso or T e nant furnished to L•ndlord for such P"?<>se, or br actual d e livery In the Lcz.sed Premisos, and, if to Landlord, s oot by r egist ered or certified mall, posl •ge poep.Ud, to Landlo rd at t he address furni shed for such p urpose. ,.U Li!l>.Uord or -19- . ,. ; -. : ~:. . .. . , . ·' ' ,·,_ .. .·: .. ··,"l<-·.: ,! ~ . ;.., ..... ·. ~ .. .. ··· '· : ... . ·-~ ;..· I • - / • • I J • 1 ! r 0 .... ,_ ... __, ... Q • • • --------- T c n .:.u t is on o :e th::w O:'l e p t•:-s o n, notice Dt!ed Le sent to but ooe t e nant or h.ndlord, iU tbe c as e way be. T c n .,nt's initial lnMilioe, adc:!r e:ss for no:ice:s is: KPL, INC., c/o J o hn A. CrJswell, E.sq. C..-l Slole] 1 a nd P<ttt c r s oo 3 7eo South Br o a d ... ·ay F:ngl c '""oo d, Colorado 80110 Landlord'~ irU1ial address for n o ti c es is: CIJ'lTAL ~j.LJANCE CO.~.l.NY 701 ~est R .i!r.pde:o Av e nue: Entlcuood, Color;ldo 80154 MEI!CHANTS ASSOClA "IlON: ,l_!:_Q_!_~ ~h.!.2· For and during fbe term of this Lf!ase, Tcna.ot covenants to become and u :ma.in a Joe:mbe r and agr-e e s to pay a.nou ally lo Eng1c,;;;o o o d :l.'e rcba.Dts, Inc., at 5uch addzcss ;u L ;.o..ndJ v rd m a y s ptci!y Ly notice lo T e nant !"ror.o time to time and at tbe time aod ia the man n er ~p e-cif i cd by ll1e !>a..id As socics ~ion or L itll djl,rd, ~ Tl!nut's to.~IDl•~rship 2Ssc-um e ut in t,h~~:. C c :Jter Mf::rcha.nh }.noci a !ion, that a ::n o a.o t wLicb i• equ..J ., ~! • ·~·· ,• .. ··· '· . .;~~: ·.: .• to one-twe-lfth (l/J2th) of the initial annual fh:cd inco:ne tt>nt for the retail selJtnc space onl7 (approx . 4,090 sq. ft.) as shown in Exhibit 8, '-'hi c h r e presents $40.900 ·..._ of the total annual l'ent 1 for use in acco rdance with Art fcl e s and 8y-Lo11ws of Englewood H~rchants Inc. Tenant acknowl e dges that a brc.ach by Tt>n a nt of any provision of thfa \.' .. ·.-~ ••• •!; ' Article 21.0000 shall constitute a mate['ial breach of this LPa ~e 'Jhtch is fully subject to any remedy available to the La ndlord under this Lea s e as a Lease default of Tenant. · If Tenant faila to pay its a ssessment promptly when due, Landlord may exercise its remed1e• under this Lease which an: applJ c able to brrac hes by Tenant for non pa)'Dient of rent under Article 17.0000. Zl.OZOO House ADd Groand R'lles. Tenant also a&rces to abide by Hous.e ~d Ground RU~eS-....d parkioe regul~tions wbicb way from time to time be adopted •nd approved bJ LandJord, provid~d ~~>ucb Honse and Ground RuJes ;and parking regulations sball U. no s&y diminish, modify, change, alter, or amend any sp~cified term or condition of this Lei!.Se. AR .OCLE ZZ .OOOO FIN ANClA Bll.ITY: !!:..Ql_[!! ApProvAl by Lenders. It is expressly agreed b e t ween L a ndlo rd "nd Te-nant tba:t, if any lendin& i.nstilutioo wit.h which Landlord bas negotiated or may n egoti;~~te interim or long-tezm rUJaodng for the Center sb;oJJ r e quire or suggest a c l!tt ncc or cba,;,ges in this Lea$e ~.s • coodHioo or one of the conditions of its appro""'al of this Lcoa~ for such fi.o<L,cine aod, if within 30 rlays after notice from La.odlord, Tcn.,._nt fails or refuses to execute with L&nd.Jord tbe am e ndme nt or amen~m eots to L~ls Le <--~ accomplishinc the c~ange or d :..-..nges whic b are s tated by La.J)(!J o rd to Le o ecded in cun...,e:cti o o ~ith approval of 1his Lez.se for purpos es of such fio .,...nc;ng, La.od.lord ~~alJ b a ve the ri!;ht to cancel this Lci!se at any tim~ prior to the time wheo the Lea.s.e d ?reru;ses il.Te m"de avcUJeb]e to the Tt:la.ot for its work pursuant to Sec:ioa L0200. In tbe e vent or cancellation br Landlord bereUDder1 this Lez..se shall be and become ouU and void and bolb parties shall automatica.lly be l"elea.sed ou of the date of Landl o rd's cancellation notice from any and aU li a b;Jity or obligatioD tmder U.e Lease, ex cept that L andlord shall retuno auy security d e posit or m c.ney paym e nt m a de by TC!.D;o...nt h e reunder • -Z()- • ... .: ~ ., ~. : ~~-· .. , '. ;.}t,;~. .. _ .... ····.' . . -.. ~ ··.-· 'r . .r· \ ·, ... ·· · ...... ..!· I • - / • --.------ ( / I ( • 0 ... ... ... _. . ·.· ... ICI • • • use, apply, or retaia tbe ;..;bole or .or put of said dt-posit for the po~ymeot of &nf Rent or other cbaree jn default or for :.ny ot~~r t>ut.D srbicb Landlord may e>:p!! or be :rPrzcirt:d to elr.:p'!nd by l'~~~on of Ttr.<tnt's. d <'f"ult, inc lu dh~J: I'JlJ c!amages or c!r;~,ciency i..a the rdettiog of the Lc;-_-.cd Pa·anise$1 ·~h e th e r ~ucb rlnc::ages or drfidcncy CTUe before or •fter ~ummary proce:ediogt. or c..tber rt:entry by Lowd1ord. Land1 .d. sbo~tl not be z-eql!irtd !oO to use, ilj>ply, or retain the .,...},ole or ;o.ny Fart of ~aid d c:pr t, but, if the wbole or llDJ p out is so used, npplh·d, or r e t aint-t1.1 T .::n i\.bl sha.U upoo ,e;n · ~ immt"dJately deposit .-ith Li!..Od.lord a.o amount of ca!ob f"qui\l to tbe amount so u s.c:d. plled, or retained so tbat Tena.Dt s'hall at all tim es have oo ckpo sit with Li\ndlord th,. .U.lJ sum initiodly so deposited as s~curity as aforesa,jd. In the c\·ent that T en;mt shall f y and faitbfuHy comply with a1J the co~~nants, ~onditio ::s, a..,cJ l\li;Oeec:u~nts or tb is Lc · e OD Tenant's part to be performed, the sAid d eposit or ft..i:J Y ba1a.nce thereof shall be r · .uriJed to TenAnt after the time fixed u tbe eapi:atioo of tbe term hereby origin.Uh· fllnted and after a reasonable time and opportWlity sball have been had tbe,.ca!t cr:: o icspecf the Leued Prcroises for the purpose of determi.nlnc whether the terms, c eoa.ots, ancl co01ditions her~of bawe beea fully performed &Del ob5oerved, but Ten an not be entitled to any interest oa said deposit. 1D the abseace of evidence sat• .• ctory to La.ndlord of ~ a.ssignmr.Dt of the right to receiwe &aid depos it or any illM~ce thereof, Landlord may retura sa.id deposit to the Tenut origi.naUy ni\roed ~ • ci n1 rcgru-dless of one or more z.ssignments or this Lease. U L'tndlorcl shall sell the enter and the JA.Dd on which it s t2J"'rh, or !Ob~tll l ei!.S>e the Center a»d sa..id land, or sh -on,e.rwise ~!'sign or d ispose of this !..eOI!se, L an dlord may ~ssip &a4 tW'D o•er th~ ,.. _ d d ~posi t or any balance tbereof to Landlord's cra.otee. lesH>e 1 or usip~e, au eoant lH!rcby rcle~ses o-_nd relieves La.nc'Jord froro any &nd all liabilitJ for tbe ret of said deposit and sbi"l1 l ook thereafter soh:ly to s,;ttjd er&ntee, les!.ee, or assl 1 it bein~ e,_prcssly agreed tbat tbis prot"hion !.ba11 apply to c•ch P.nd cwery sale, C)·aoce, or ]eo-..se of tbe C enter aod stU d land, or C!.Ssi&nme nt or dispositioa of this ARTICLE 14.0000 AITORNMENn 24.0100 To L essors.. TcnADt understands that Landlord is tbe lessee under a certaia uoderlyi.DJleue of the entire shopping center of which the Leased Premises form a part. ID tl»e eweDt that, for any reasoo whatsoewer, such uzu!f";-lyiog lease expires, termioates. 01' is declared oWl and void, T en&Dt cove..na.nls a.Dd agrees to attoro to the thea bolder of the title to the real propertJ of which the J~ea.se d Premises forrD a part ~ad this Lease sb&U re~&i.D iD. full fOI'ce aDd effect, io accorclaoce witb its le:l'ms, AS a d i rect lease betweea such bolder u la.adlord And Teoi!Dl. 24.0200 To Nortcage Holders.. TeoADt UDd ers t~ds that there are 01' from time to time may be one or more d eeds of trust, mortgage s, or other ~ncumbrances, upon part 01' aJI of the lands JUJ4/or part or all of the buildings a.o d other im pro•ern~nts comprisiD1 tbe comple:.: of which the L eas e d p,.emi~es is a rut or upon UlJ l e.-..s ebold or subleasebold title tbereio. lA the e vent that for <~n y rca..or.on such deed of trcst, mort ~.z.e e, or other encumbrance is foreclosed or a d e ed or other instrumeDt of convep...:•ce is gi •eo iD lieu of fo:--eclosu:e, T e::aan t co?enan!s and ag:ces to attor n to the fhf'!D bolder of such fee, l e~ehold, &:J4/or suble:as.ehoJd title iD .e.n d to tbe ]aDds aD d/or bu.i1dbgs Ol' improwemeDta theu·on compr!sin& the colnple~t o f wilicb the Lea_ .. ed Premises is a p art <~nd 1 in such e•eot. this Le ~_coe sbaJl J"erc~jn in full force a od effect in "cco r~ance _,it b its t urns ;,sa Wrect ]eue bet-..een Tenant b !!r eunder <'l.o d t he s.Ud bolder of suc-h fee, l easebold, and/or sub1ea..st:bold title or any nominees, d e si g nees, successcrs, or .-...s slg r..s of any such bolder. 24 .. 0300 Automat_k Effect. The f u regoing pro\..U ions ~1:Ul be 5o el!-ope:atiwe ADd effec- ti ve""·wit.houlib;ext!"C"Uti o n of a!ly fu.rtb e r instru ments; b o .,.t?er, Ter.llln t agrees to eaecute And delh·er to a.IIJ s uch holder suc h i nstruto e 'lts as a:;ay be requested by Landlord or by aa:r such bolder iD order to co!lfirm or ~Uectuate sa.id pro¥1sions. ~enever used iD this Article, the term •bolder• sbalJ include the heirs, represe::~otati•es, successors, or assieus of such bolder. The provisions of thls paragl'aph sball rUD to the benefit of and may be J"elie4 upon bJ ltllY such bolder, by Landlord, and by any other p e rson or CDtity who bas or acq ai r~ any i!ltcrest ia the Le.z...o;e d Pt"e.mises, iDcludi og but not limited to assignees, g r a.ntees, or otlle.r .l!.ucc~s sors in inter("'st of the parties ben•to, holders or b enefida.riea UDder mortgages or d e ~ds of trust, and the like. -ZI- • ., .. , ..,·,. .. ~. . . ,··· I • ~~·.· ., ' ' \· ·, • I • • - • • I I / I / • I ' • • • C~Nl"RAL HEATING AND AIR CONDITI O~INC: 25.0100 Hot a nd Chill e d "'a ter Service . Tenant assumes 'the responslbiUty for hC;tt;g and air cond-it toning of his leased pre f!l:f s es, and will hold the landlord h<tnnlcss fro m any int e rru ptions or deffcJ e nc ies in the ope ration or service of said h e ating and air c ondit i oning s y s tem. Ho con tribution from the tenant will be aade to ... ·ilrd any central h r ~ting and air c onditi o n i ng s y s tem that he fs not directly a part the::-eof .. ~ ~~~Chuge. Tcr.ant a&r~cs to P"J' an inc rt"?..s.ed charge aboye U.e roi.niamm cha>&c s~t fodb abo ve Co(!)one nsuratc ,.;tb i nc re>.ses in cos t, if any, occurriac dter the Comr.oencemt:nt Dille. The incrci"sed charce, if any, sh.,U be c~culi!iled u foUows: 25.0210 The • AU It e iD5• i o d e x f igure s hown in U.e •co~umer Price Jodea:-~StAtes City Awer c:ge for Urban Wage F.Aroers iUld Clerical Wor\:en• (1957-1959 = 100 (o• 1967 = 100)) publis hed by the Bureau or LAbo< StotistiC11 of the U.S.. Department of Labor shall be determined as of Janua.ry 1 o! Uie J'C'a.l' in whlch the term of this Lec-.se cotomences (herein referred to u the •mitial Index Figure,. U A local or regional • AU Items• inde~: fieure ia a•ailable from the Bureau of Labor Statistics, tbe index figu:-e for the smallest portion of the United States which iDcludes Denver, Colorado, shall be used for the purposes of the •ithiD calculation. If hO index figure is a•a.ilable for suc:Jt date, the figure for the Dearest date the reto for which such a fieure ia a.w-;>~iJable 1>ball be used.. Thereafter, the • All Items• index ficure shown OD said inde.x fo:-the m o nth of January of each suc ceedine cale..odu J'eu (or the oeu-est date thereto for whi ch s uc.b a. figure is aYa.ilable) shall be ucertaiDK .u.d the percentage increase in suc h index: figure o•u the ln.itiaJ bdex Fieure shlllJ be det e rmined a.ncl Te.oa.nt agrees to pay during such calendu year a cl:Are;e in creas~d bJ t.he p er c e nt a ge incr e ase in :.uc.h ind e ~: fi~e. ~, incre <*'-'e d ch:uee p a y a ble bJ T e.oa nt J1 creu od c r sb~) not Le reduc ed if the •AU Jtems• Ind e x ~b o u.ld thereaft e r d e cline. U s~id i o dt"JC is he.rca.Jter discootinue4 ia jts present form or if the b asis oo wl;Jcb it is now calcuJ•ted s.baU be Tevised, a.n approp:date c onv ers ion of the reV:.sed index to a common hue shall be uade b ~..s ed u pon convers ion factors publi sh e d b..7 the Bwe•u of Labor S!atistics or otbe rovise a\'ailable. · ARTICLE 26.0000 TENANT'S OPTION TO EXT END THE TERM 26.0100 .Q.J!tion_1!__~ions. ·Provided Tena nt is not in defa ult h e reunder, TenaR~· s hal lhave and is h e reby grant e d, t .. o (2) Opt ions to ex t e nd the term of this Leue ror a period of five (5) Y••rs each, such e xt ended tet"lll to b e gin upon th~ expiraUoo of the tera of this Le a s e; and all the terms. covenants and p r ovi sions of this Lease shall apply to such extended ten~~ with the follo .. ing exc eptions, ho.,ever, 2'6.0])0 that Tenaot shall not have aoy further option to .1:gaio extend the ~ this Le a s ~ follo.,ing the exerci s~, 1f a ny, of s uch two (2) optiono to extend the t e nD h e reof; 26,0120 that fixed •iniiDWI rent payabl~ duri ng th~ ext e nded teno co=encin& ~e expiration or this t e na and during the period co~m~encing January I, 1990 and ending De cembe r 31, 1994, s hall be at the annual rate or SUTY-NINE T~OUSAND, SIX HUNDRED NINETY -TIIREE AND 75/100 DOLLARS ($69,693 .75); and ~Q that fixed m!ni•u• rent payab)e during th~ extended t~no co...,~ncina January 1, J 995 and ending Uecember 31. J 999. sh ~ll be at the annua)_, rate of ElGHTY -111Rf.E T~O IJSAIID, SIX HUNDRED TIIIRTY -1110 AIID 50/lOO DOLLARS ($83,632 .50) • ·I . i • ... I .,. .... I I ··. ; ' / .. -· . . ..;.·_·'· ' -•. -.·."; ... ·. -~ . ' . -~ ~·· , . . :. .. ~ J ' ·~ ..... . '· . ""' .. ~·· ·.;t .~ ........ - .:.: ~: '. .. , I '····; ... I • - .: ~~, / / I / • • • • 26.0200 .t\_o.!._i c_f!_'!_c;_q,~r~. lf Te nant sh::tll elect to t"xercise t he first aforesaid o.;t-iOn·~ i t sha ll do so by givi ng L:lndlor-d notice in writin& of its intention to do !"o during the period corru."''~n c 1n& M.t)' 1, 1989 and cndin& August 31, 1989, •nd after August 31, 1989, Tenant s hall have no further option to extend or renew this Lease. Provided T e nant has exercised the first option, and if Tenant shall elect to ex- ercis:e the second aforesaid option, it shall do so by &1Vin& Landlord notice iza t..Tit in& of tt s intention to do s o durin& the period comme ncin& t'.ay 1, 1994, and endin& Au£ust 31, 1994, and after August 31, 1994, Te nant sh11 ll h a ve no further opt ion to ex t e nd or r e new thia Lease. lN WlTNf.SS WHERF.OF, Landlord and Tc•nant h il ve exrcuted this Lease the day and ye~r fir s t above writt e n. CAPITAL ALL!A!O:CE CO~ANY, a cene ral p.1rtn~rsh i p, LANDLORD BJ .:oo .... · 0 ~ ... <d- killi•• Alpert, Cen raiPirtner I.ANOLORD' S ACKNOWJ.EDGMENT . ") .. .-A STATE OF /k(->. ( A..-:.,J ~ ) '1 '.· <· i· :{ 7 ! ,. I COUIIT'I :W' 'f.-_, A. /,..;:. ~ /,·;___ ~ .. . . 7 I I · (;...~ /. . ~. / Tbe foreaotq.inatrument vas aclmovled&ed lu!fore me this ___ day •f /.,. · ~~~ .. .7 lt Jr , 'b7 llilliu Alpert as C~neral Partner of CAPITAL ALL lANCE COIIPANY, 'a aeneral p.rtoerahfp. . v Wltneaa ., h&DCl and official seal,.ATRICIA 5l:SSA My cm.iaeicm expires on MOJAIY P".Jiut. SI~TL Of ttlW '1D11 -) I' . STATE or .-ctw~lr.4r Quli!~ ~ Ntor \:w ~ c...., C...11U.n b &•c; ~ftlt !I, ,_ TENANT'S ACKNOWl.EDGMENT (Corporation) clllllm o,.....--.li./C-n~ ••- j Not..ary Public t . /.·~ I I this /; ': dav C)f . ',{ u~~~~ The foreaoin& instrument was acknowledge d before me ____ , ·:._~.,.-. '---'--19_~. by Arnold Kit:Del as the Presid e nt a nd by __ as __ _ Secretary of ICPL, INC., a Colorado corporation. -23- · .. ·,, ~. ' : ~ ' .. · ... ~ i .:-,.:_:;';• . ~· ... ·· ... I I • - - _., ;..~ ;' / .I • / • • • EXHlBIT "A" Tbe L c;o.sed Prcro is.es ;:u~ idt:ntifi e d ou foJlo~;"s: Those p o r!io r.s. of a co~:nerci lll building coostruc:ed br LAndlord #...,d de•cribeod in the Lea~ to \iolhich this is a.D E~ibi t, \ot'bicb buiJdiu1 is l oc~t~ tbercoo ii pproximatelJ u $hO'"-"D oa the pl~ heret o a ttached as EJt.hibit B, ~md id~utiiie-d as Store Unit N~. JtS -281S ' KS -2122. (reuil)---r.toiaae) The bWldi."lgs or which th~ Leued J'reiDis ~s ue a part, ed the iDitial commoa ~ea, exclusive of Landlord's optional expansion area, in &nd to which Teout is erutecl certain oou-ea.clusi•e rights UDder the terms o( Article 5 .0000 of the S&Jd Leue (sche- matic•11J deliDeated on Eu.ibit B), ue located iD a tract of land cout~ntoa approximately 60 acres, ia the City ot Englewood, Colora do. Said tract (which is more particularly deliaeatecl and described io EJthibit B hereof) consists of portions of tbe SE 1/4 of the SE V4 of Sectioo 33 and portions of tbe S 1/Z of tbe SW V4 of Sect ioo 34, &II io Towt~ship 4 South, Ran&e 61 West of the 6tb P.M., Arapahoe County1 Colorado.----------7" Exhibit A to Le•.se Dated---------- TEN ANn KPL---"'-' ..:I:;;NC--'-".-'-'----------..; • a Color11do corporation ,~,. 1/o~o ; ••••• -·-f • ..... .. ·.· l~ : :· . -?· :--., .. : •• -· : .. . ·• ,. '· • • (JI1 . _..,· - ..... ·-. ,: : . -. . . \ . ----------~ .. ---·-··· =~ ·-... ~ . 1-----... ----- ~ . ------~~~1:rr~----~)!rr------- i ( '· ........... • • • • 0 I .· f leu .......... -..... __ _ • - I • • . : I I • •, • • • EXJI.IiiJT •c• ~!l.P.tion of Landlord's Work: ~-5 s~t f orth in J.rticle l .CJoOO of this l .~!se .o\gree~nt, the lease4! PrE:-i'DiSes consist of 2 Store tinits,complt!tf"d t:XCEpr for any items of Landlord's work or Landlord's a))m.·,a nces inc:lud l'd in the Article 1 of [xh'ibit C . l !pon dl'livery to Tenant b~· U.ndlord of Jt~:ady J'or Occupancy not ice, followin& ''aca- tton of said premise..; by present t e nant, if any, Tenant agrees to and shall accept the ••me in their pr ese.-.t condition, it b E::in g specifically unde-rstood that Landlord shall have no obligation or duty with respect to reiiDOde-lin&, refurbishing, alterations, or additional construction vitb respect to said pre•isea and that all work r e qu ired for occup.ancy of said premises by Tenant sh.ll be Tenant's work and sht~ll be d o ne and perfon:ed at l he sol e eost 11nd expense of Tenant ex c ept as fo1 lows: NO EXCEPTIONS. Descriptioa of Tenant's Work: Sectit.'n 1. The premises, zs they w:fll be d .. livered to TE:nant by Land-. lord, ruy contain, amona other things, lighting fixtures, el~ctr1cal S)·stec, • h eatina, ventilatina. and air conditioning systf'•, and for and during the tera of this Lease and any extensions or rene'"als thrreof Tenant shall at its ova expense repair, replace in whole or in part, maintain, and operate said S)"Sle8• includin& the cost of all utiliti e s necess•ry and required in the operati.oo thereof, it bein& understood that upon expiratiou or teraination of this Lease all repairs and additions ~•de to thr systf".a shall be and become the property of Landlord and remaia •• a part of said systea. Secti011 L Prior to co1Dmencinc any work, T~naot shaD &eC\U'e LADdlord'a approval of &11 suc:)a work, l.oclut!ing designs, plans, and specificatiODS. permits, ticeues. ADd coohactors to he u~ iD ~rformine tbe work. AU appro•a1s by Landlotd must be ia writiDg, aod such approvals sbaU not be unreasonably withheld. Landlord. sb..U aot be required to appro•e any sip whicb does not use a standa.rcl JetteriDc sysle• or tmifor• desip, 0< "'hicb utili•es mo.; nil parto or flashil!g. occultil!g, or mo..U.11 or •arlable Ji11bto, 01' wlUch does not receive li2ht from a concealed sou_rce. No sip or portioa thereof may eKtend beyoDd tbe ~e.& which is tbe middle two-thirds of the s.ip fascia provided, Ia either b ori z.oataJ or vertical dirl"ction. Only individuAl letters may be used. No belt or b ox type sigu need be approved. S~ction 3 .. Witb t csyect to wor-k p er formed by T e-nant or by Teonant'• coa- tracto!"S or subcontra ctors, tl.e ru1c.s and r e gilla.ioru set f o r t b in Article m of this Exhibit C s hall apply as if fully set f or th h e rei n. ARTICLE Ill l!.t:!~ ~-d_R_"~-•-t_ions for T e nant's Work: The following rules and reeuJations sba.U be applica.ble if Teoa.nt sbaD eJect to cause Te.ila..ot"s wo rk to be p e rformed other thAD by LaDdlord or La..DdJord's cootr•ctora or subc ootr•ctors: 1. All Tenant's worlt shall be d o ne a.nd p er form~d by one or more cootr•cton selected by Tt'za.nt from among a list of contracton appro_.ed by and 01cceptable to La.nd- "Jord or bJ cont:--actors o therwise acceptable to La.ndlord. Without limitatioo upoo L01Dcl- lo:-d'5 right to a pprove or disapprove of a.D.f proposed coDt ra ctors, it is agr-eed tha.t Land- lord may co ~si d e r, among olber things, the f inanci al ability ttn d s tability of the propose-d coo t~actor, his abilit y to perform the wort. io a wo:}..roa.."'lli}..e tnAnoer, it.Dd ·bis ability to ., 1 .. ': ·:·: ... •.-'1,..··, ~~·\' ... 1• ~ · .. ,. ::fl .\ .. ::·:· .. \:" .. }t:·· ~:.~- 1.'. . . . ..s.·,:. I• ..., .~· I • - '"".:.~· "· / .,, ··· .. • I / / • • --..l ;: T • • • compl e te s uch wod < a ccot ding to c ons truct ion sch e dul ~s approved by Landlord &nd Te,..nt and within the tiroeo l i mits her~io pr eu-d be ct. z. L am!lc.r d may r e q uhe t ba t 1011 s uc h T~n an t's wo•k b e performed pursullDt to written c o ntrac t s a.n d, iJ> or t.er to p ru t e c t Landlord and L andlotd's property againot the fili ng or mechanics' or m a t crialm~n's lieo s "·ith r e spect to s uch work and iJ> order to assure s uch work will he c~m ;>l c tc d .. itbio the pr e scribed lime limits, l_andlord may require that such cootracts be io a t o r m and conta.in prooi>i ons acceptable to La..dlor.S. includi og, but witho ut l imi ta tion, any o r all or the following: a. M a y r e q ui re the c o ntractor to proyide a performance and a payment bond wrilleo by a corpora te •ur e ty d uly authorized to e oeaee io sucb business lo tbe State or C olorado io a mounts not l e ss than the contract price for sucb work az,d no~ mine Landlo rd a.s a joint obligee thf!:-eunder. b. May r e quire that the contract provide for a euaranteed maximum price fat the work to he performed under the contract, subject only to auclll chanee orders as may he approYed io wrltioe by Landlord aod Tenaot. c. M a y r e quire thAt the •ork to he per formo.d under such contract .... commenc...t, prosecuted wltb diligence, and completed withia constructiOD schedules Approve d by L andlord and Tenant. d. May r e quire that such contract pro•ide that it not he altered. amended, or termina ted without the prior writlu consent of Landlord, r.,..t had ar:td obt•ioed. e. May require tbe contractor to promptly pay, aod cause its subc-oo- tractors ADd suppliers to promptly pay (subject to retainaees payable oa or after COIDpletiOQ), all •orkmeo and all suppliers of labor ADd l1JOlerial to the eac1 that -lieo or cla.im for labor or materials may be asserted aealoot Laodlorcl's property. 1. Nay require that contractor And/or ito SUbcontractors shall obtala and ma.intala, as may be requi<ed by o•ner, wo<kmen's comJ>!'ooalioo insurance ea required by law and comprebensi•e, g~n~ral public liability insurance Ia . amow.ts of not leoo than SSOO,OOO iD respect to personal iojury or deatb to ~y . ·: .· •· one perooa, Sl,OOO,OOO io respect to personal injury oo-death resultinl from any ·· ·-'~1 one accident. aDd $50,000 101' p r operty d11m.aee. J. Tenant shall be obligated to promptly SPCUre the release and diocharee. (..-. cous~ ito cootroctors to promptly secure the release and diocharge) of any lien for labor or materials •hie• may be liled or recorded •eaiost Landlord's property, and T<>oant •ereeo to bdemnify aod sa•e Landlord harmless aealnst lb~ cost of securioe the release and d is c harge of any SU Ch lieo, including, but w i thout Jimitatio!l, aiJ f <>es, COSis 0 ~Xj>e nses, hood pre miums, Iitle insuranc e pr emi ums, and other suc b upens es i ncur red by !.andlord iD coooectioo with sec uring the pro mpt release of any su cb li~ or io r e n>u•iDe or r~duciDe the detrimeotal effects tbereo!. 4. Tenant •erees tha t, prior to lbe commencem e nt or any T e nant's work by it or its contrac tors oo the L eased Pre mises, and prior to the d e li ve ry to s uc b prem ises ol aoy mat e rials ordered by T enant or its contnc tor, it will pos t, cause to be posted, or p er mit the postine of ilDd the r e after c ause to remaio posted a no:ic e of tbe type pu- milted by Sectioo 38-ZZ -105, C .R .s . 1973, of the nooliability of lbe inte res ts io tb~ Center of the Landlord and of !be f e e owne r of tbe Ceot e r for m e chanic s' or material men's lielll for w or k done or materials furo ;sh e d in c o nnection with I!>• s tore finish work. 5. l.aodlord s.baU bue the rigbt to r e quire Tenut, its contractors aod/or subcoDtr.actou to use unioo labor exclusively. E:ltbibit C to Lease Dated ----------- T£NANJ': kPL, INC., l [,.htb1t "C" -Pa ge 2 of 2 P~ge-s • 1 '· .. ; ,.~ . :: .. l'\. , ..... ! I • • - • ,. l • - .. .. . --------.--~··-r--+--------'1 . ---® • I I i rJ ==;==f_j__ ___ ) r r ~ puu.-OF .S fO/Ifl!li~ 99£9 .c-A,. ,e -. 11c• / ( (i; EL J orR£TI9 1L .sMCL ... ~.:nlt ~-.,·.o· • _ _,_ .. • . '"'l -----. -· L ___ j I ---------·-t---- f P'L.-4N OF ~JL lJQVO~ CIA/~LLA <::IT'/ M4LL t!.Nfil.£'tVDDD 1 <::I)LO/t.A DO lt::.?L JAJ{. • D IMN~ ~ <S" INC.· D£'1'-AIIJIC.. • • i I I • I I I I I .J_l ----1 .:±:=:~ -~1--../ ' @ STD~E. ,..,!, . ,...- I • • - - • • • • • City of Englewood ------------------------ 3400 S. Elati Street Englewood. Colorado 80110 October 12, 1979 Phone (303) 761-1UO Mr. Eric Jobannisson, Revenue Chief City of Englewood 3400 South Elati Street Englewood, Colorado 80110 Dear Mr. JobaDDisson: Units K.S. 2822 and K. s. 2815 in the King Soopers• Coaplex, which ia located in tbe 3300 block south between Soutb Cherokee Street and Soutb Delaware Street extended, is in tbe B-1, Business Zone District. Section 22.4-10 b (60) of tbe Coapre- hensive Zoninc Ordinaace peraits Liquor stores witb retail sales by pac1ta1e as a Peraitted Principal Use in tbe B-1 Zone District. If you bave any qu-tioM, please contact •· Very truly yours, ~..:;.~ Assistant Director -PlanniDI co .. unity Developaent gw cc : John A. Criswell • I • - - v • • • • STATE OF NEW YORK COUNTY OF NEW YORK A F F I 0 A V I T Arnold Kimmel, being first duly sworn, deposes and says as follows: 1. I am the duly elected and acting President of K.P.L., INC., which is a newly formed Colorado corporation. 2. On behalf of the corporation I have entered into a lease agreement with Capital Alliance Corporation, whereby the new corporation has leased space in Cinderella City, 701 West Hampden, Englewood, Colorado, for the purpose of operating a retail liquor store. 3. On behalf of the corporation I have filed with the city of Englewood a liquor license application in which I request the issuance to the corporation for that location of a retail liquor license under the laws of the State of Colorado. 4. In order to commence operations as a retail liquor store, it will be necessary to do certain improvements of the premises and to purchase certain equipment, supplies, and inventory. 5. In order to finance this operation, I have pur- chased certain shares of stock from the new corporation for $1,000 and agreed to loan the corporation the sum of ~200,000, to come from my personal funds, in return for which th~1 corporation will ( give to me an unsecured promissory note in the awount of $200,000, which shall draw interest at the rate of 6% per ann~, and shall be due one year from the date of its execution • • I • - - • • • • 6. I am the sole stockholder of the corporation; the funds involved are my personal funds; no person having an interest in another liquor license in the State of Colorado has any interest in this business, either by equity or by loan; and, similarly, no person having a wholesale liquor license has any interest, by equity or by loan in this corporation. Further, Affiant sayeth now. Arnold K1.nunel ) Subscribed and worn to before me this ·__2 c ~~,{day of /~(..." ' 1979 ~~--~--~----· . .'! ::£·;::; j e-,{,j',_ n~- Notary PuElic EO I""H ~rC L!;,::L ::ON ~~ry -~ t _, ::. _:-:r:1 .1' 1 • ~~ew York '• n O.~-· :.... . 0 w~ ·1 ,,1:'.!-r,,, My Commission Expires: -..........j8o:;j,.:t"'':..,·c:,. ..... '..,..,''',....,' .,.' ~~·,.."''...,.··,.;..",.~,;c:..o:.fi".,".r.Y-:'!~F-.,;'l-------------RM•-s .. ~ , ... _._ .ut ..... _ .... , _!Jia: oJ / • - - •• • • • ROLL CALL Moved Seconded Ave Higday Neal Fitzoatrick Keena Bradshaw Bilo Otis Y-v~~ QJ~F:t )0~0 (Y_;tu ' • Nay Fr.~ 0:1-i-tf It>'/ ~ Yl~ n._ Ctf•YJU,..J Ct ,cz::z.u Absent Abstain I . • • - • • - ---- ROLL CALL s Moved econded ~e N<!,Y Ab sent Abstain Higd'!,Y t-- Neal .__. Fitzpatrick 1..-- Keena 1--- ~ Bradshaw ~ Bilo 1--- Otis ,...- • I • • ' • • - • - --====-.:::... - ROLL CALL Moved Seconded Hiil:dav Aye Nav Ab sent Abstain ~ Neal Fitzpatrick Keena I--Bradshaw -Bilo Otis -- • I . • • • - • • - ROLL CALL Mov e d s l econded Ave ,.,...--Hilrday Nav Absent Ab stain - Neal Fitznatrick Keena Bradshaw ~ Bilo I Otis I -I • • I . • • - • • - ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday ---Neal -Fitzpatrick ~ Keena -Bradshaw -.,_. Bilo -Otis • I . \ . • - • • - ROLL CALL M oved s d econ ed A \ye Nay Absent i Absta n Hi~~:day --Neal v-Fitzpatrick -Keena -Bradshaw -Bilo -Otis -- I /J . • I . • • • - • • - ROLL CALL Moved Second d e Ave Nay Absent Abstain Hi~dav Neal FitiPatrick Keena Bradshaw Bilo Otis • • I . • . .· • • - • • I . • • - • • --~------------ ROLL CALL Moved Seco d d n e Aye Nay Absent Abstain Hi~day Neal Fitzpatrick Keena Bradshaw Bilo Otis D / ' • I . • • • - • i'. • - ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday Neal Fitzpatrick Keena Bradshaw Bilo Otis ' • / •• I . -• - • • • • • ROLL CALL Moved Seconded Ave Nay Absent Abstain ~ Hi~~:day Neal -v-Fitzpatrick Keena Bradshaw Bilo Otis ~t¥~ ~;yj r ~ -~ ~ fo,t~ dvr--lh t r£~ ~ -9=~ ~·~~ ~-"G(J/ -~ u 2«J /illdL ~ c]~ t#4 ~~ pd~ ~~ ~~-~a41 /ry ~ ------------ ~-d~~~ :~~~~ ' ' I . • - • • ROLL CALL M d S d d ove econ e A N Ab t Ab t 1 lye ay sen s a n Higday Neal Fi tz_ll_atrick Keena Bradshaw Bilo Otis / / I . • ...,,., ·In • - • • - ROLL CALL Moved Sec d d on e A ~ye Nay Absent Abstain Hi~~:day Neal Fitzpatrick Keena Bradshaw Bilo Otis / ' I . • • • • - • • I - - •• • • .. \ • ROLL CALL Moved Seconded AYe Nay Absent Abstain Hi~~: day Neal Fitzoatrick --Keena Br&cfshaw -v-Bilo Otis ()}_j_JU) ~~ --6-zfiY) -rrw. {k ~rv ~~ ~ (JA_ut, I . • - • • ROLL CALL Moved Seconded Aye NaY Absent Abstain Higday Neal Fitzpatrick Keena Bradshaw Bilo Otis VS . • I . • --- • - • .. • - ROLL CALL Moved Seconded A \ye Nay Absent Abstain --Hi~~: day -Neal -Fitzoatrick Keena -Bradshaw ,_ Bilo - Otis - • / I . • • - • • ROLL CALL Mo d S d d ve econ e Ave Nay Absent Abstain Hi~~: day Neal Fitzpatrick Keena Bradshaw Bile Otis Ill • -• • - • • ROLL CALL Moved Seconded Ave Nay Absent Abstain Hia:day - ~ Neal --P1tzoatr1ck -Keena Br&dshaw -Bilo -otis I • - • • RO LL CALL M d S d d ove econ e Aye Nay Absent Abstain Hi g day Neal Fitzpatrick Keena Bradshaw Bilo Otis ~~~~~ ;{ JWL;!::;L ~~ 1'~ ~~ j tl_~~"" ·g,...,o~ v -z-I -X~s ~~-/1~ r rll' ----~ 1 ~ x~-/)uJ -~£~-~ -E -Z -~~4, -~.~~-~ . 1:fiJ --~~~~lr~-~ ~d -/)l.A/l.A- -au L -/)LU..cL pu ~ya.IUJ ·~ . ~~k /~~~~ ~-tf)u m ~A ~r/~-7 ,;:3h -~ &.our M tu-i.._u ~ Lv-rh d!o ~CL-4<J cU-q ,~ 3 s (f frJ ~ Cl,· ~-~(?/n - • ' , I . • • - • • - ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday &.-- Neal v Fitzpatrick v-- Keena .._.. Bra<1shaw .._.. Bilo ,_. Otis ~ • I . • • ~l o __ _ • • • - ROLL CALL Moved Seconded Aye Nay Absent Abstain H1gday Neal F1tzoatr1ck -Keena Bradshaw B1lo Otis • I • • - • • - ROLL CALL Abstain Aye Nav Absent J Seconded I I Moved I Hi.gday -Neal v-Fitzpatri.ck c..---Keena Bradshaw -- Bi.lo I Oti.s I • I . • • • • • - • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday Neal Fitzpatrick Keena Hrad.shaw Bilo otis ~~~s ~-~rr~ -~\.bL ~ ~~ cU.-&~ -/b-Md (i~ -Lfu ko~ ~~ .. L--1-t u~t cJ~t_"t ~M .~ ~~ ~g~~ (/ ~- /UL--i ~~~;--:;~~ ~~~"-' I • • • - ROLL CALL I • • • • - • • ROLL CALL Moved Seco d d n e Aye Nay Absent Abstain Hi~Zdav L-. Neal -Fitzpatrick Keena Bradshaw L-Bilo Otis • I . - Moved Seconded I f ,, /I ,, II I t ,, I; 'I • • • • ROLL CALL Aye Nay Absent Higday Neal Fitzoatrick Keena Bradshaw Bilo Otis 10 tl ..-;;;.. 13 1 ~ I j- /6 (Juo~/~ Abstain I . -• • - • • - ROLL CALL Moved Seconded A:z_e Nay Absent Abstain Hi&~ Neal Fitzpatrick Keena Braashaw Bilo Otis • • I . -• • - • • -----------" ROLL CALL M d S d d ove econ e Aye Nay Absent Abstain Hi~~: day Neal Fitzpatrick Keena Bradshaw Bilo Otis • , ' •• I . • • - • • - ROLL CALL Moved Seconded Aye Nay Absen t Ab t i s a n Hill: day Neal Fitzpatrick Keena Bradshaw Bilo Otis ~l{)/l/~c~ ~~ ~ liwN ~dnu-- ~~~ CV>~$h~ V~u~ . _ -~~~u ~ ~ ~ /l/'rAL~~ -tu;~?;~ a<J ~ . -t,U-t_-4--;C CLinr1'-(., ~ ~AU~ -/)'Y~ft~ ~ ~ , , I . • . · • - • • - ROLL CALL M d S ove d d econ e A lye Nay Absent i Absta n ,.,.... Higday -Neal - ~ Fitzpatrick Keena - ~ Bra.dshaw y-Bilo - Otis - • • I . • - • • • • • ROLL CALL Moved Seconded A 'lye N ay A bsent Ab t i s a n Hi~day Neal Fitzpatrick Keena Bradshaw B1lo Otis ~ "ti !J/- x~ P'YW C'a-f--~ ~~J ~ ~Ltnr· I • - • • - ROLL CALL Moved Seconded Absent Abstain • / I . • • - • • ROLL CALL M S oved econded Aye Nay Absent Abstain Hi~ day Neal Fitzoatrick *-- Keena Bradshaw Bilo Otis , , I . • - • • - ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday Neal Fitzpatrick Keena Bradshaw Bilo Otis • • I • • - • • ROLL CALL M oved s d d econ e Aye Nay Absent Abstain Hi~~: day -Neal -Fitzpatrick ,_.._ Keena Bradshaw --X ,__ B1lo ~~ Otis - • I . • - • • - ROLL CALL Moved Second d e Aye Na:v Absent Abstain Hip;dav Neal. Fitzpatrick Keena Bradshaw Bil.o Otis • I . • • • - • • - ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday ~ Neal Fitzpatrick ¥ ------Keena -Bradshaw Bile Otis • I . • -• • • ROLL CALL M oved s d d econ e A N Ab t Ab t 1 iye aL sen s a n Hi_g_day Neal Fitzoatrick Keena Bradshaw Bilo Otis ±-- (ffiu_~~~~ 'fLM~~~;(~ ~ ~Mvlu r .~MLJ cr-~at; ~/U ~FU ~ ' a {J(JL~ '~~-· J'o ~ yJ1£rzL ~ ;pe/?za-a~ ~ au~ At &~ _ 0 ~ -- • 1/~J ~ ~~ /M_d LhnL ~~¥~Y~UncJ ~a,u ~------. ---------- • -J'A d/YL,k_ J f }J' S ~~ c52f?ud~ :~~~£Fv ~MuCZeau cd-_Jfa;l ~~~~~ . • / , I . • - • • ROLL CALL Moved Sec d d on e Aye NaY Absent Abstain HiP: daY Neal Fitzpatrick Keena Bradshaw Silo Otis • I • - • • ROLL CALL M d S d d ove econ e A N Ab t Ab t i ~e ay sen s a n Higday Neal Fitzpatrick Keena Bradshaw Bilo Otis / / I . • -• • . - ROLL CALL M d S d d ove econ e A lYe Nay Absent Abstain Hi~~:day Neal Fitzpatrick Keena Bradshaw Bilo Otis • •• I • - • • ROLL CALL Move d Seconded A lye Nay Absent Abstain Hi~day Neal Fitzpatrick Keena Bradshaw Bilo Otis • , , •• I . • - - • • • I .• ROLL CALL Moved Seconded Aye Nay Absent Hi~~:day Neal Fitzpatrick Keena Bradshaw Bilo Otis ~7J~ 4/ftw sSJ!UA~ -47~~-r.. -dl ~ Cl-;t ~ut:, A-L..u-d~ -~~/U~ 0-U. cfrv-~ ~~----~~ Abstain 1.~-::cf: ~ --~--~/--W~ t?U ;&~ ~~ ---c/JW~~ ~ ~-~uJ~~ -d-~Yl-hf ~ r ~ cf)/Y)I~ aA~~ -.fLU /J W /)W £ -cia ~, t ;dt>H~ ~ ~ZA/~ /)?;_.& ~ ~.h~ ~ et/YU:UUAJ ~"AJ r ~ • • I . • - • • ROLL CALL M d S d d ove econ e A N A t A t i 1ye ay bsen bs a n Hig day Neal Fitzpatrick Keena Bradshaw Bilo Otis , , I . - • • • • ROLL CALL M d S ove econded Ave Nay Absent Abstain Hig day Neal Fitzpatrick Keena Bradshaw Bilo Otis ~'~ftr~~~~ --~~ ~ /))u.f ~ ~~ -;t:luvt ~10 ~~d_ -~~~d.1:f~~~ • • , , I . • - • l . • - ROLL CALL Moved Second d e Aye Nav Absent Abstain H~dciY Neal Fitzcatrick Keena Bradshaw Bilo Otis • I • • • - • • ROLL CALL Moved S d d econ e Ave Nav Absent Abstain v-Hi~~:day Neal Fitzoatrick J..--Keena Bradshaw Bilo Otis . ' , ' • I . • • - • .. • ' .----~ ~------~~~~~~~~~~~ ROLL CALL M d S d d ove econ e Ay e Nay Absent Abstain Hig day Neal Fitzoatrick Keena Bradshaw Bilo Otis @ lfltJn"-a~ -~~ _M , 7 f ~ ~ ~0 ~-1/Ul/tl~· vru~tJc4g fh .VKJ ( ~~~~-~~ @)~~~~ ( . ®~. ~ L::-2 ~ ~ ~_,VJ~ ~ ~~-1)-.-/ @ ~~P~ @ f(un-~3~~-o S S'tlv_~'--'~~f 4/l_fi/YJe.-~b-ftr 3tQ.r-s . ~ /YLd ~ • @) 0;u1N?V -UJ (}UI)A_, ~ 4~~~ -~ -cW ~ /3LaA-J aJ ~ ~~ -/)14/T ~· . • @ fotJ.k., ~ti v (3 5 c-;~-~~ ' @ !< ,J:-L ~'IV _ 3 ;z 7.)-r ~-/)u-r~ @ Q.&rru~ _ ~C) b S S. ~ /7~ ~- d!f)lt(~~ 3 c.k ~~-/),_._;-~ I . • • • - • • ROLL CALL M d S d d ove econ e Ave Nay Absent Abstain HigdaJ> Neal Fitzpatrick Keena Bradshaw Bilo Otis • •• ~ ;d.· 1 oa,nr . I . • • • - • • - ROLL CALL M ove d s d d econ e A \ye N ay A bsen t Ab t 1 s a n Higday v--- Neal ----Fitz_patrick '-- Keena '- Bradshaw <--- Bllo ~ Otis e.-- • I . • • - • • ROLL CALL Mo d S d d ve econ e Ave Nav Absent Abstain Hi~~: day Neal Fitzpatrick Keena Bradshaw ~ Bilo ~"-= Otis • , , I . • • • • -• • 0 .. ROLL CALL Move d Seconded Aye Nay Absent Abstain Hig:day Neal Fitzpatrick Keena Bradshaw Bilo Otis I • • • • • • • w~~ d'-0m.AH~r_~ ~~ ~~ /?U~ 9Jfk-~ -/YLA'-vv->1 r~ -z-Vu~ ~ I . • • - • :11 l : : ll l 1 t t t "'" .-" r. • l t • r '' • ~ .. "' .. • • • • ... • ... ~ ~ ·..... • • • .. • • ••• -. ................................. ·-.......... . .. -/}?-{)~~~ -~ ~~~ 'ti;uv ~-/))?_~ ~ ~ a ~ d-~-c/uv ~ -/}1<) d.L<U~ ticd--L. ~~ ~ ~ -4~~~~av~~J -/)UJ ~ C/~~~ ~~Cb>vU-. -(Vn~ ~:v '-b'-' ~ ci-o~-t:-~. • - • '""'"' .......... " .. ~ ..... ,.,. ·~· ., .. , .............. ~: ............ -~,. --.......................... ; ......... J ................................... .. -;61· < , lili e & , beei6...- • •• I . • • - • . .. .. .. ... . ~ ....... , .................... ~ . .. .. .. .. ... ... .. ... .. . .. -....... '"' - • •• • ~ ~ /7)1-aL d.L~J ~-(~ c:lo~ C/ij4 ~ r-~/~ ~~ /-o /, I / tJ c:1 ' /)(_ . I . • • • - }~ 0 R A D U 11 TO : An dy t1cCown , 'i ty Mana e r FRot1: Gary R. Hi gbcc , Di rector o f Finance DATE: January 24. 198 0 UBJ EC T : Le tte r f rom Mrs. Be tt y Lou Ac k r r egar d i n g liquor 1 cen~c appl i cat i on f or KPL , Inc. Attached ia a copy of a letter f rom Mrs. Betty Lou Ack r , 3140 South Delaware . protesting the liquor lic e nse ap p i - cation for KPL. Inc. As per your not e to me , this lettur can not be taken into evidence becaus e it was writt e n and r e ceive d after the public bearing for KPL, Inc. had c losed; however. I think it should b e f orward c J to th City Counc il as Mrs. Acker requested in her lette r. 1 have provided enough copies of Mrs. Ac k~r's le tte r shou1d you agree. /jlw attachments • I • • - 0 0 I • - • • 0 0 • ( I . • • • • - • • 0 •' (~ . . 0 • I . • • • - • • 0 0 • I . J AN 231980 om. OF mi .\~:c:: ENGUWOO J --i • • • - • • 0 0 • 0 ., •• I . • • - - ( • ( • • • • AGENDA FOR THE PUBLIC HEARING OF THE ENGLEWOOD CITY COUNCIL JANUARY 14, 1980 7 :30 P.M. Call to order, invocation, pledge of allegiance and roll call. 1. Public Hearings. (a) To consider a Beer and Wine License application from Franz Hummel Delicatessen, Inc. 701 West Hampden Avenue. (b) To consider a Retail Liquor Store License application from KPL, Inc. to be located in King Sooper Bldg. at 701 West Hampden Avenue. (Copies enclosed.) 2. Adjournment. 1foilJ!.L l~rl?"Mc COWN City Manager .. I . - - • • • • • • LAW OFFICES I A CRISWELL & PATTERSON .IOHN A . Cllf..a.L ......,.,.,_.. .IOHN N .IIC 111A11A1tA. ,_, .fOHN •. IIY'L.B January 10, 19 80 3780 eOUTH 8"0AOWAV [NGL.EWOOD. COLO"ADO 8 0 11 0 T EL.II.-HONE : f 303 ) 7 6 1.0 1!10 0 Mr. Andy MCCown City Manager City of Englewood 3400 s. Elati Englewood, Colorado 80110 Re: Franz Hummel Delicatessen, Inc. Beer & Wine Liquor License Dear Mr. McCown: I tH 1 ·1 198 .) CI TY i At.. • ) • : v [14GlL"G n The undersigned, on behalf of the above-named beer and wine liquor license applicant, will be appearing at the Monday evening meeting of Council to make a request to postpone the hearing on its application. The reason for this is that there has been a death in the immediate family (mother) of the sole stock- holder and President of the above-named corporation. Con- sequently, it was necessary for him to leave the country on January 7, 1980, and he will not be returning until the latter part of the month. Under these circumstances, we will be requesting Council to reschedule this hearing with the understanding, of course, that it will be necessary to repost the premises once a new date is decided upon • JAC/fmq cc: Mr. Gary Higby Mr. Franz Hummel Mr. Eric Johannison ~·· I •