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Home My WebLink About7001 W. 38th Avenue20240203W 4/16/2024 3:47 PM PGS 6 $38.00 DF $0.00 Electronically Recorded Jefferson County, CO Amanda M Gonzalez, Clerk and Recorder TD1000 N .41► a .' A# P cainju IMMMM THIS PARKING SPACE LiC NSB AORRVAHNT (ft'LJMZ;') Is effective a of Februtry 19. 2024, ("mac'), and is aderod into by aM 1x-twvcn SL knc. a Colrnrsdo eerpomdw ("Mgmwn. and Batts Hom LLLP, a Colando WNted Nobility bmillad puUmAlp, (-LjMM&-j, WHEREAS, Licrosnr is the eww ofa plarHn,< lots beefed at 7001 W 3e A 3833 hood Street sad 3834 Reed Street, Wheat Ridge, Colorado 8=3 and the away of4dvewra heaped at 6M W. 3871 Avenue, Wheat Ridge, Colmsdo 80033 mono PWkuMY shown an 94hit A av r3,d berate (go 1'fMMW); and WHEREAS, Licensee daira,to use 7001 W 3r Avanuc6 3535 Reed Strom% Vne-Al Ridjs;, and 3834Reed Street, Wheat Ridge, Colorado 80033 in the Parking Lot for ore by its cinployess and o}nstomm and use M W. 391 Avenue, whm r Ridge, Colorade 80033 In the driveway for rue by is employees and customers; and WHEREAS, Licensor and Licensee ded a to sales Into this Likens to atsblish the in.. by *Mcb Licensee can use the Parking Spaces s forparking by Licensee's employees and customers. NOW THEREFORE, in consideration ofthe foregoing Recit K which arc incorporated hesem as though set truth in full, and for other good and valuable consideration in hand paid, and in consideration of the mutual promises and covenants act forth in this License, the parties agree as follows: 1. Grut of Ucense. Liccum hereby grants to Licensee the nonexclusive right, privikgo and permission, subject to the terms and provisions of this License, to use for temporary parking by Licensee's employees and customers. No overnight patting is permitted and the parking spaces shall be owed for no other purpose other than. temporary parking of vehicles by Licensee's employees and cuumna . 2. T4rm. Initial Term. The initial term of this License will be five (5) years ("Initial Te "), commencing on February 10, 2024 (the "Commencement Date', and ending at midnight on Februmyr 09, 2029 (the "Expiration Date'). Notwithstanding the foregoing, either party may terminate this Incense at any time, with or without cause, Won fifty (50) days prior written notice to the other party. OyAl n.Period. Provided Liceem is not in default under the terms of this License, lacensee, by givingnotice to Licensor no later than one hundred eighty (180) days prior to the Expiration Date, will have the option to extend the Initial Term (the "Option") for an additional five (a years, coming an Feb a 10, 2029 and ftsminating at midnight on Fftn gj 2034 (the "Extended Term"). IfLi timely exercises the Option, during the•extarded•term all other terms and conditions of this License will remain in effect, except that Fee will be adjusted to "Fair Market Rate". "Fair Market Rate' shall mean the then existing market rate for comparable space in the immediate area of the Premises as negotiated in good faith between Licensor and Licensee. Provided Licesm has timely exercised the Opdon, Licensor shall notify Licensee of Licensor's good faith determination of the Fair Market Rate no later than 120 days prim to the end of each Exfded Team and Licensee shall notify Licensor of its acceptance or rejection of Licensor's determination no later than 30 days thereafter. If Licensee fails to so notify Licensor within the 30-day period, Licensee will be deemed conclusively to have acted L► is determination. If Licensee rejects Licensor's determination, then (1) Licensee's election to exercise the Option will be deemed to be rescinded, (2) Licensee will have no .Auther rights unbar the Option and (3) this License will expire at the end of the Initial Term. 3. Fees. MoW ky Foe. During the terns of this License, Licensee shall pay Licensor a fee for the use of the Parking Spaces on the first day of each month in advance without offset, deduction or demand the aura of $850.00. Such fee shall be prorated for any partial month during the term of this License. Late Few. Licensee will pay a late charge equal to five percent (5%) of any Monthly payment or other payment not paid when due, which payment shall be in addition to any interest elsewhere provided in this License. Smelly QcMit. Licensee to provide a security deposit in the amount of $ 1.20 . Said sum shall be held by Licensor as security for the faithful performance by Licensee of all the terms, covenants, and conditions of this License to be kept and performed by Licensee during the term hereof. If Licensee defaults with respect to any provision of this License, including, but not limited to, the provisions relating to the payment of fee, Licensor may (but shall not be required to) use, apply or retain all or any part of this security deposit for the payment of any fee or any other sum in default, or for the payment of any amount which Licensor may spend or become obligated to spend by reason of Licensee's default, or to compensate Licensor for any other loss or damage which Licensor may suffer by reason of Licensee's default. If any portion of said deposit is so used or applied, Licensee shall, within five (5) days after written demand therefore, deposit cash with Licensor in an amount sufficient to restore the security deposit to its original amount and Licensee's failure to do so shall be a material breach of this License. Licensor shall not be required to keep this security deposit separate from its general funds, and Licensee shall not be entitled to interest on such deposit. If Licensee shall fully and faithfully perform every provision of this License to be performed by it, the security deposit or any balance thereof shall be returned to Licensee at the expiration of this License less any amounts due hereunder or amounts for prorated taxes, insurance, or similar items. In the event of termination of Licensor's interest in this License, Licensor shall transfer said deposit to Licensoe's successor in interest and Licensee shall look solely to Licensoe's successor for return of such deposit. 4. Security. Licensee acknowledges and agrees that Licensor provides no security for the Parking Lots and driveway. 5. Parking Lot Operation. Licensor shall operate, manage, and maintain in good condition and repair of the Parking Lots, as reasonably necessary. Licensee shall be responsible for signage designating the parking spaces for use by Licensee's employees and customers. Licensee shall be responsible for enforcement of the parking rights granted its employees under this License. 6. Notices. Any notice or communication required or permitted by this License or by law to be served on, given to, or delivered to either of the parties by the other party shall be in writing and shall be deemed duly served, given, or delivered when personally delivered to the party to whom it is addressed or in lieu of such personal service, when deposited in the United States' mail, first-class, poatago prepaid, addressed to: Licensor: SL Inc 6995 W 38th Ave Wheat Ridge, CO 80033 Attn: Jae Kim Licensee: Barta House LLLP 3465 Newland St Wheat Ridge, CO 80033 Attn: Weston Gouger 7. Indemniflestion. Licensee agrees to defend, indemnify and hold harmless Licensor, its members, employees, agents, officers and officials from and against liabilities, losses, penalties, damages and expenses, including costs and attorney fees, arising out of all claims, liens, damages, obligations, actions, suits, judgments or settlements, or causes of action, of every kind, nature and character arising or alleged to arise out of Licensee's use of the Parking Lot. Licensee shall, at its sole cost and expense, appear, defend and pay all attorney fees and, other costs and expenses of Licensor that are subject to indemnification hereunder. In addition, if any judgment shall be rendered against Licensor in any such action, Licensee shall, at its sole cost and expense, satisfy and discharge such obligation of the Licensor. Licensor shall have the right, at its own expense, to participate in the defense of any suit, without relieving Licensee of any of its obligations hereunder. Licensor retains final approval of any and all settlements or legal strategies which involve the interest of Licensor. The indemnities set forth herein shall survive the expiration or termination of this License. 8. Assumption of Risk. Licensee acknowledges and agrees that by use of the Parking Lot, Licensee and its employees assume all risk of loss or damage to property, including, without limitation, property damage, and all risk of personal injury, including but not limited to death, attributable to any cause other than the negligence or wilifid misconduct of Licensor, its employees, agents or contractors. Licensee forever releases Licensor, its agents, manager, affiliates and employees from and against any and all of Licensee's claims, causes of action, liabilities and expenses arising out of or relating to any such loss, damage, or injury. Licensor, its agents, manager, affiliates and employees shall not be responsible or liable for loss or damages by reason of fire, theft, collision or any other cause to parked vehicles or their contents. This is a license. No bailment is created. 9. Insurance Requirements. Licensee must provide and maintain at Licensee's own expense, until the termination of this License, Commercial General Liability Insurance or equivalent with limits of not less than One Million and 00/100 Dollars ($1,000,000 per occurrence and Two Million and 00/100 Dollars ($2,000,0000) in the aggregate, for bodily injury, personal4njury, and property damage liability. Coverages must include the all the Parking Spaces. Licensor is to be named as additional insured on a primary, non-contributory basis for any liability arising directly or indirectly during the Term. Before the beginning of the Term and prior to Licensee's use of the Parking Spaces, Licensee will have its insurance company or its representative submit an insurance certificate evidencing insurance coverage maintained by Licensee and -indicating that Licensor is listed as on a primary basis without recourse or right of contribution. The Certificate must provide for thirty (30) days prior written notice to Licensor of cancellation or non -renewal of any policy required to be maintained by Licensee hereunder. Licensee's failure to carry or document the required insurance policies shall constitute a breach ofthis License and any failure by the Licensor to demand or receive proof of insurance coverage shall not constitute a waiver of Licensee's obligation to obtain the required insurance. Licensor will not allow Licensee to use the Packing Spaces if satisfactory proof of insurance is not provided. 10. Safety Issues. Licensee shall promptly notify Licensor of any safety concerns regarding the Parking Lot or use of the Parking Lot under this License of which Licensor becomes aware. Licence is responsible for using the Parking Lot in a reasonably safe manner. 11. Compliance with Laws. Licensee shall, at all times during the `form, Comply (and shall cause its employees and customers, to comply) with all laws, codes, statues, ordinances and regulations applicable to this License and Licensee's use of the Parking Lot. Licensor makes no representation or warranty regarding the legality of the use of the parking spaces and Licensee will bear all risks of any adverse change in applicable laws 12. Non-Liabllity of Licensor Metals. Licensee -agrees that no Licensor officer, director. shareholder, employee, agent, or official shall be personally charged by Licensee, with any liability or expense under this License or be held personally liable under this License to Licensee or any subcontractors. 13. Licensee Events of Default. Events of default ("Events of Default') include, but are not limited to, the following: A Failure by Licensee to pay any amount due under this License within three (3) days of the date due; or B. — . -Failure by Licensee to perform in accordance with or comply with the material terms and conditions of this License. 14. Remedies. The occurrence of any Event of Default which Licensee fails to cure within the specific timeframe specified in this License, or if not otherwise specifically stated, within seven (7) calendar daysmfler receipt of notice given in accordance with the terms of this License and specifying the Event of Default or which, if such Event of Default camrot be reasonably cured within seven (7) calendar days after notice, Licensee fails to commence and continue diligent efforts to cure, in the sole opinion of Licensor, may permit Licensor to declare Licensee in default. Whether or not to declare Licensee in default is within the sole discretion of the Licensor. Written notification of an intention of the Licensor to terminate this License, in whole or in part shall be provided and shall be final and effective upon Licensee's receipt of such notice. Upon the giving of such notice as provided in this License, Licensor may invoke any or all of the following remedies: A. The right to terminate this License, effective at a time specified by the Licensor. B. The right to suspend use and occupancy of the Parking L of during the seven (7) day cure period if the default results from Licensee's action or failure to act which affects the safety and/or welfare of individuals in or around the Parking Lot. C. The right to specific performance, an injunction or any other appropriate equitable remedy. D. The right to receive from Licensee any and all damages incurred as a result of an Event of Default. 15. Applicable Low. The terms of this License shall be governed under the laws of Colorado, and venue shall be proper only within Jefferson County, Colorado. 16. Assignment Neither party to this License shall assign the License as a whole or in part without written consent of the other party. 17. Attorneys' Fees. In the event of any litigation or arbitration to enforce the provisions of this License, the non -prevailing party shall pay all costs and expenses, including reasonable attorneys' fees incurred by the prevailing party in enforcing this License. 18. WAIVER OF JURY TRIAL. EACH OF THE PARTIES HERETO HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER AGAINST THE OTHER ON ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LICENSE OR THE TRANSACTIONS CONTEMPLATED HEREBY. 19. Severability. In the event that any clause, sentence or provision contained in this License shall be deemed to be illegal, null or void for any reason, or are held by any court of competent jurisdiction to be so, the remaining portions of this License shall remain in full force and effect. 20. Counterparts. This License may be executed in multiple counterparts, any one of which need not contain the signature of more than one party, but all of which counterparts, taken together, shall constitute one and the same agreement. Signatures may be exchanged electronically; with original signatures to follow. WHEREFORE, the parties have executed and entered into this License as of the date first set forth above. LICENSOR: SL Inc By: J_ LICENSEE: &eg,-1zr AL- Na-c,J ter? z-l( oI2q aoaN wa mme oNN.ry-� nwa m -_ 2 I I \.? LT17 9a 888 I . \ \Z :� \ J03111S a33a SL ty 133tlJS LiC>J BL 1SV3 031d3OX3 5g �m— — J31„ 3ae Bw n ad3ma - -- 77 f1 �..jz. -. rf a J� a o•. r d � i '•'i I I•y�j� dry bM yr 4'Arr.. Se1�trdY - P bJ� t19 a� w a 3 DEPARTMENT OF COMMUNITY DEVELOPMENT 75001JEST 29th AVENUE BUILDING INSPECTION DIVISION PERMIT N0.M93#18837 ...254-5933 P.O. BOX 638 CITY OF WHEAT RIDGE, COLO. THIS PERMIT VALID ONLY WHEN SIGNED BY THE CHIEF BUILDING INSPECTOR AND RECEIPTED BELOW. JOB ADDRESS 32 4VE- OWNER RAY VA LEN'E CONTRACTOR V'1096- '50t 'AS I=•l,C• • ADDRESS W 30- Q ADDRESS (,22M0 QVE. PHONE 42.1-5115 ZIP CODE X033 CITY r`f VET ZIP CODE 8021 (o CONTRACT PRICE,r$ 2- s - ounnio 429-f3S93 I lrFNSF 1, DATE (c, -1g-~~ - d❑ WoN❑ Prolecting❑ Other Sor D Face Y G SIGNS roun 1. T PE 2. MATERIAL Total Square Feet ILLUMINATION Yes❑ No❑ Type Elect. Permit No. 3 . 4. SET BACK FROM PROPERTY LINE N_ S_ E_ W Zone_ Approved,Zons Inspector (Specify which is front) ❑ ❑ ❑ ❑ Disapproved 1. TYPE Solid❑ More Than 80% Open❑ Less Than 80% Open MATERIAL Height ? FENCES , 3. SET BACK FROM PROPERTY LINE N_ S_ E_ W Zone_ Approved, Zone Inspector (Specify which is front) ❑ ❑ ❑ ❑ Disapproved QEMbL1SF•1 ExtSTlwea, 1IbUSE. OTHER 2. 3. DRAW SKETCH OR SHOW BELOW, THE FENCE,SIGN,OR OTHER STRUCTURE, GIVING DISTANCES FROM PROPERTY LINES. (SETBACKS OR PROJECTIONS INCLUDED) s ~E E A-TrACkc- u MAP SPECIFY NORTH STREET NAME SHOW DISTANCES FROM THE MAIN BUILDING TO-ADJOINING HOUSES, STREETS, AND PROPERTY LINES; ON IRREGULAR LOTS, SHOW LEAST DISTANCE TO PROPERTY LINES, NOT MAXIMUM OR AVERAGE DISTANCE. APPLICATION FOR PLUMBING; ELECTRICAL; MECHANICAL PERMIT THIS APPLICATION WILL BECOME A PERMIT TO PERFORM THE INDICATED WORK ONLY UPON VALIDATION BY THE BUILDING INSPECTION DIVISION. PERMIT WILL EXPIRE 180 DAYS FROM THE DATE OF ISSUANCE IF WORK IS NOT STARTED WITHIN THAT TIME. ELECTRICAL PERMIT STATE LICENSE NO. PLUMBING PERMIT TATE LICENSE N0. MECHANICAL PERMIT ALUMINUM WIRE UNDER SIZE BILLEGAL Np, TEMPORARY METER R CLOSET BOWL i BSM j 2ND 3RD 4TH NO. Fl£LCirGeOPe Gas dl Propene COd Elsc Solor FORCED AIR - BTU HOT WATER - BTU NEW SERVICE AMPS TUB 8A1H STEAM - BTU CHANGE SERVICE-AMPS SHOWER AIR CONDITIONING-BTU LIGHTING SINK OTHER HEATING GARBAGE DISP REFRIGERATION SYSTEM POWER SUB-CIRCUITS UTILITY(RANGE, DISPOSER,ETCJ FIXTURES WATER HEATER AUTO. WASHER DISH WASHER Refrigerant Group Pounds Charge AUTOMATIC SPRINKLER SYSTEM WIRING MOTORS B CONTROLS FLOOR DRAIN ELEVATOR SIGNS URINAL TRANSFORMERS B RECTFIERS SEWERS EE~ ADDITION TO OLD WORK OTHER MOTORS OVER I HP TOTAL FIXTURES I hereby acknowledge that this applica- tion is correct and understand that I cannot start this project until this oppli- cation is approved. I shall comply with the lows of the State of Colorado and to the Zoning Regulations and Building Code of the City of Wheat Ridge. Any violation of the above terms will cause immediate revocation of this permit PERMIT FEE O NOT VALID UNLESS RECEIP' USE TAX TOTAL FEE $ 'I -'2 1 ~ A 0 D ✓ G cc `H P `C U ~ o A n1/rd rr c DD _ ~ ✓v ° CHIEF BUILDI INSPECTOR,City of heat Ridge CALL 234-5933 PP Date Issued l9 -('~-C 24 HOURS IN ADVANCE FOR INSPECTIONS 40Glieam® Sianatura DEPARTMENT OF COMMUNITY DEVELOPMENT 7500 WEST 29th AVENUE BUILDING INSPECTION DIVISION PERMIT NO. M93#18904 234-5933 P.O. BOX 638 CITY OF WHEAT RIDGE, COLO. THIS PERMIT VALID ONLY WHEN SIGNED BY THE CHIEF BUILDING INSPECTOR AND RECEIP TED BELOW. q APPLII~CIATI F~tV2 MI/$~C X! ~``n' . V 1 ~'/Gf' -3 0 ~ ELLANEOUS PERM13- 'OWNER 1 /~4 LLZ~J lL IS _ , lOB ADDRESS TOR ADDRESS CONTRAC ADDRESS PHONE ZIP CODE CITY COMArciC.cE ~ t i-~ ZIP CODE e4~22-Z- - G 7 Z82 ">0 36 LICENSE NO CONTRACT PRICE jGOa o.. v~ 41Q1 DATE u . PHONE TYPE Ground ❑ Wall❑ Proiecting❑ Other S or O Face 1 SIGNS . 2. MATERIAL Total Square Feet Permit No e Elect ❑ T MINATION Y N . yp . o 3. ILLU es 4. SET BACK FROM PROPERTY LINE N_ S_ E_ W Zone_ Approved, Zone Inspector (Specify which is front) ❑ ❑ ❑ ❑ Disapproved I. TYPE Solid❑ More Than 80% Open❑ Lees Than 80% Open MATERIAL Height FENCES 3 SET BACK FROM PROPERTY LINE N_ S_ E_ W Zone_ Approved,Zone Inspects (Specify which is front) ❑ ❑ ❑ ❑ Disapproved l py C Loy- 2 OTHER . 3 . DRAW SKETCH OR SHOW BELOW, THE FENCE, SIGN, OR OTHER STRUCTURE, GIVING DISTANCES FROM PROPERTY LINES. (SETBACKS OR PROJECTIONS INCLUDED) STREET NAME K G D S T e SPECIFY NORTH SHOW DISTANCES FROM THE MAIN BUILDING TO-ADJOINING HOUSES, STREETS, AND PROPERTY LINESiON IRREGULAR LOTS,SHOW LEAST DISTANCE TO PROPERTY LINES, NOT MAXIMUM OR AVERAGE DISTANCE. APPLICATION FOR PLUMBING; ELECTRICAL; MECHANICAL PERMIT THIS APPLICATION WILL BECOME A PERMIT TO PERFORM THE INDICATED WORK ONLY UPON VALIDATION BY THE BUILDING INSPECTION DIVISION. PERMIT WILL EXPIRE 180 DAYS FROM THE DATE OF ISSUANCE IF WORK IS NOT STARTED WITHIN THAT TIME. ELECTRICAL PERMIT STATE LICENSE N0. ALUMINUM WIRE UNDER SIZE 8 ILLEGAL PLUMBING PERMIT STATE LICENSE NO. FLOOR BSM IST 2ND 3RD 4TH MECHANICAL PERMIT NO. Fl1EUCirGe One Gas dl Propane Cod Elee Sdar NO, WATER CLOSET FORCED AIR - BTU TEMPORARY METER WASH BOWL HOT WATER - BTU NEW SERVICE - AMPS BATH TUB STEAM - 8TU CHANGE SERVICE-AMPS SHOWER AIR CONDITIONING -IBTU LIGHTING SINK OTHER HEATING GARBAGE DISP REFRIGERATION SYSTEM POWER SUB-CIRCUITS UTILITY (RANGE, DISPOSER, ETC.) FIXTURES WATER HEATER AUTO.WASHER DISH WASHER Refrigerant Group Pounds Charge AUTOMATIC SPRINKLER SYSTEM WIRING MOTORS 8 CONTROLS FLOOR DRAIN ELEVATOR SIGNS TRANSFORMERS 8 RECTFIERS URINAL SEWERS ADDITION TO OLD WORK OTHER MOTORS OVER I HP TOTAL FIXTURES REMARKS I hereby acknowledge that this applico- PERMIT FEE , ,E U tion is correct and understand that I USE TAX , C cannot start this project until this OPPli- r cation is approved. I shall comply with TOTAL FEE 1$22- the lows of the State of Colorado and to the Zoning Regulations and Building APPROVED Code of the City of Wheat Ridge. Any DISAPPROVED violation of the above terms will cause CHIEF BUILDIN IN PECTOR,Cityof Wheat Ridge immediate revocation of this permit e-1 1z W5~ L • ~e I Date Issued AVVlic-r1l Sigr.tur• CALL 234-5933 24 HOURS IN ADVANCE FOR INSPECTIONS N ql-) P u~ ~