Agenda Item 9, Exhibit 1 - Ado's MitigationAdo’s — Alcohol Service Policy Manual
City of Boulder, Boulder County, Colorado
Ado’s
Version 1.0 — February 2026
1
1. Purpose & Legal Authority
This Alcohol Service Policy establishes mandatory procedures for the responsible sale and
service of alcohol at Ado’s, owned and operated by Ado’s It
is designed to ensure compliance with the Colorado Liquor Code (Title 44, Article 3,
Colorado Revised Statutes) and the City of Boulder Beverage Licensing Authority
regulations. All employees must understand and follow these standards to maintain the
establishment’s liquor license and protect guest safety.
2. Roles & Responsibilities
• Bartenders — Responsible for checking identification, recognizing signs of intoxication,
and refusing service when appropriate.
• Barbacks — Support bartenders by restocking, cleaning, and maintaining safe service
conditions. Barbacks may not pour or serve alcohol without proper training and
supervision.
• Managers — Ensure compliance, conduct incident reviews, and maintain service and
training logs. Must oversee new hire training on alcohol service laws.
• Owners — Maintain compliance with state and local laws, uphold licensing standards, and
ensure reporting to the City of Boulder Licensing Authority when required.
3. ID Verification Policy
Under C.R.S. §44-3-901(1)(a), it is unlawful to serve or sell alcohol to any person under 21
years of age. All staff must request identification from any guest who appears under the age
of 30. Acceptable forms of identification include:
• Valid U.S. driver’s license or identification card
• U.S. military ID
• Passport or passport card
• Foreign government-issued ID with photo and birth date
Our policy is NOT to accept ANY vertical IDs from Colorado or any state, regardless if
they are a valid ID from another state.
In addition, if an ID appears altered or suspicious, staff must refuse service and complete an
Incident Report. We reserve the right to refuse alcohol service to anyone if we feel their
Identification presented may be altered or suspicious.
Ado’s — Alcohol Service Policy Manual
City of Boulder, Boulder County, Colorado
Ado’s
Version 1.0 — February 2026
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Additional tools we use to determine if an ID is altered or suspicious are the VIAge Verifier.
4. Overservice & Intoxication Policy
Under C.R.S. §44-3-901(1)(b), it is unlawful to serve alcohol to a visibly intoxicated person.
All staff must monitor signs of intoxication such as slurred speech, unsteady movement, or
aggressive behavior. If a guest is visibly intoxicated:
1. Stop serving alcohol immediately.
2. Offer non-alcoholic beverages.
3. Notify a manager.
4. Arrange safe transportation if necessary.
5. Complete an Overservice/Intoxication Report.
5. Refusal of Service Procedure
When refusing service, staff should:
• Politely explain that service cannot continue.
• Offer non-alcoholic beverages.
• Contact management if the guest becomes argumentative.
• Document the event using the Refusal of Service Form.
6. Incident Reporting & Recordkeeping
Managers are responsible for ensuring all incidents are recorded using the provided
templates. Reports must be stored for at least three (3) years. Incidents include refusals,
overservice, altercations, or law enforcement contact.
7. Staff Conduct & Training
All servers, bartenders, and managers must complete a state -approved Responsible Alcohol
Service Training (TIPS, ServSafe, or equivalent). No staff may consume alcohol while on
duty or while wearing company attire.
Ado’s — Alcohol Service Policy Manual
City of Boulder, Boulder County, Colorado
Ado’s
Version 1.0 — February 2026
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8. Disciplinary Actions
Violations of this policy, including service to minors or intoxicated persons, may result in
disciplinary action up to and including termination. Serious violations will be reported to
the City of Boulder Beverage Licensing Authority and may impact the establishment’s liquor
license.
Ado’s — Alcohol Service Policy Manual
City of Boulder, Boulder County, Colorado
Ado’s
Version 1.0 — February 2026
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Incident Reporting Templates
Refusal of Service Form
Date: ____________________ Time: ____________________
Server/Bartender: ____________________
Guest Description: ____________________
Reason for Refusal (check one):
☐ Underage ☐ Intoxicated ☐ Fake ID ☐ Other: ____________________
Description of Incident:
__________________________________________________________
Manager Notified: ☐ Yes ☐ No
Signature: ____________________ Manager Signature: ____________________
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City of Boulder, Boulder County, Colorado
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Version 1.0 — February 2026
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Incident / Law Enforcement Contact Report
Date: ____________________ Time: ____________________
Staff Involved: ____________________ Manager: ____________________
Description of Incident: ____________________________________________________
________________________________________________________________________
Law Enforcement Contacted: ☐ Yes ☐ No
Officer Name/Badge #: ____________________ Report #: ____________________
Follow-up Actions Taken:
__________________________________________________________
Manager Signature: ____________________ Date: ____________________
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City of Boulder, Boulder County, Colorado
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Version 1.0 — February 2026
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Overservice / Intoxication Report
Date: ____________________ Time: ____________________
Staff Member: ____________________ Manager: ____________________
Guest Description: ____________________
Observed Signs of Intoxication: _______________________________________
_________________________________________________________________
Actions Taken (food, water, transportation, etc.):
__________________________________________________________
Law Enforcement Notified: ☐ Yes ☐ No
Manager Signature: ____________________ Date: ____________________
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City of Boulder, Boulder County, Colorado
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Version 1.0 — February 2026
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Manager Daily Compliance Checklist
☐ All staff on duty are certified in Responsible Alcohol Service Training.
☐ Liquor license is posted and visible.
☐ ID scanner functioning and available.
☐ Incident logs reviewed and updated.
☐ No staff consumption observed.
☐ Emergency contact numbers are posted.
Manager Name: ____________________ Date: ____________________
Signature: ____________________
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City of Boulder, Boulder County, Colorado
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Version 1.0 — February 2026
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Employee Acknowledgment of Receipt & Understanding
I acknowledge that I have received, read, and understand the Ado’s
Alcohol Service Policy Manual. I understand that compliance with this policy is a condition
of employment and that violations may result in disciplinary action.
Employee Name (print): ____________________
Signature: ____________________ Date: ____________________
Manager Signature: ____________________ Date: ____________________
Ado’s — Alcohol Service Policy Manual
City of Boulder, Boulder County, Colorado
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Version 1.0 — February 2026
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Ado’s Drink Menu
Beer $
Specialty Drinks $
Well Drinks $
Non-Alcoholic Drinks $
Coke
Diet Coke
EXTENSION AND AMENDMENT TO LEASE AGREEMENT
THIS EXTENSION AND AMENDMENT TO LEASE AGREEMENT (this “Amendment”),
dated as of March 1, 2022, is entered into by and among: LOTH, LLC, a Colorado limited liability
company (the “Landlord”); JOSE ADO SALGUERO, an individual d/b/a Ado’s Kitchen & Bar
(“Tenant”) (each of Tenant and Landlord are individually referred to herein as a “Party” and together, the
“Parties”); and JOSE ADO SALGUERO, an individual (“Guarantor”). Terms not otherwise defined
herein shall have their respective meanings as set forth in the Lease Agreement.
BACKGROUND
A.University Hill Partners, LLC, a Colorado limited liability company (“University Hill
Partners”), as predecessor-in-interest to Landlord, as landlord, and Jose Ado Salguero d/b/a Span-
ish Kitchen, predecessor d/b/a to Ado’s Kitchen & Bar, as tenant, entered into that certain Lease
Agreement dated August 21, 2015 (as amended and extended, the “Lease”), pertaining to those
certain Premises consisting of approximately 2,615 rentable square feet of space located in the
1143 Building.
B. On January 21, 2016, University Hill Partners sold to Clifford Brown, Jason W. Hebb,
Bradley Brown and Hill Portfolio LLC (“Previous Landlords”) that certain property located at
1143 13th Street, Boulder, Colorado 80302 (the “Property”), on which the 1143 Building is
located. Simultaneous with the purchase of Property, the Previous Landlords assumed the Lease,
as landlord, as successors-in-interest to University Hill Partners.
C. The Previous Landlords entered into an Extension and Amendment to the Lease with the
Tenant in July of 2018 (“Lease Extension”).
D.Landlord is the current owner of the Property and assumed the Lease, as landlord, as the
successor-in-interest to the Previous Landlords.
E.The Term of the Lease Extension is scheduled to expire on August 20, 2022.
F.The Parties desire to extend the Term and agree to certain amendments to the Lease.
NOW, THEREFORE, for good and valuable consideration, Landlord and Tenant hereby agree as
follows:
1. Term. The Term of the Lease is hereby extended and the Expiration Date shall be
February 29, 2028.
2. Monthly Base Rent. Beginning on March 1, 2022 (the “Extension Date”), Monthly Base
Rent for the Premises shall be $6,101.66 per month (based on $28 per r.s.f./yr). On March 1,
2023, and every twelve (12) months thereafter, the Monthly Rent shall increase by three percent
(3%) over the Monthly Rent for the prior twelve (12) month period, as follows:
PERIOD AMOUNT
Months 13-24
(March 1, 2023 – February 29, 2024)
$6,284.72 per month
(based on $28.84 per r.s.f./yr)
Months 25-36
(March 1, 2024 – February 28, 2025)
$6473.26 per month
(based on $29.71 per r.s.f./yr)
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3. Definitions.
a.Section 1.1(r) shall be deleted in its entirety and replaced with the following:
“Additional Rent: Any amounts which this Lease requires Tenant to pay in addition to
Monthly Base Rent, including, but not limited to, the payment of: (i) the Operating
Expense Charge; (ii) the Insurance Escrow Payment; and (iii) the Tax Escrow Payment,
as such sums may be adjusted herein.”
b. The following definitions shall apply to this Amendment and shall be included in
the Lease, as if fully made a part of Section 1.1 thereof:
“Operating Expense Charge: Initially, $656.56 per month (based on $3.01 r.s.f./yr), as
adjusted from time to time pursuant to this Amendment.
Monthly Tax Escrow Payment: Initially, $1003.45 per month (based on $4.60 r.s.f./yr), as
adjusted from time to time pursuant to this Amendment.
Monthly Insurance Escrow Payment: Initially, $130.46 per month (based on $0.60 r.s.f./
yr), as adjusted from time to time pursuant to this Amendment.”
4. Operating Expenses; Taxes.
a.In addition to Monthly Rent, Tenant will pay fifty percent (50%) (the “Tenant’s
Share”) of the amount of the Operating Expenses paid, payable or incurred by Landlord in each
calendar year or partial calendar year commencing as of the Extension Date and continuing for
the duration of the Term.
b. As used herein, the term “Operating Expenses” means:
i.All costs and expenses paid or incurred by Landlord, at its election, in
connection with the management, operation, maintenance and repair of the Project, including,
without limitation, costs related to: (1) cleaning, sweeping, maintaining, restriping and repairing
the Project; (2) lighting (including replacement of bulbs and ballasts, and painting, repairing,
replacing and maintaining lighting) the Project; (3) planting and landscaping (including interior
and exterior plants, landscaping and supplies incidental thereto including all seasonal and
similar decorations plus the cost of all utilities utilized in connection therewith); (4) snow
removal for the Project; (5) providing, maintaining, repairing and replacing identification or
other monument signs; (6) wages, salaries and compensation of employees; (7) consulting,
accounting, legal, janitorial and other services; (8) any fees or other costs associated with access
easements, shared use of a detention pond, storm drainage or other shared use of common areas,
Months 37-48
(March 1, 2025 – February 28, 2026)
$6,668.53 per month
(based on $30.60 per r.s.f./yr)
Months 49-60
(March 1, 2026 – February 28, 2027)
$6,868.30 per month
(based on $31.52 per r.s.f./yr)
Months 61-72
(March 1, 2027 – February 29, 2028)
$7,075.75 per month
(based on 32.47 per r.s.f./yr)
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parking areas, driveways and roadways with neighboring parcels; (9) repairing and replacing all
or portions of the roof; (10) that part of office rent or rental value of space in the Project used or
furnished by Landlord to enhance, manage, operate, and maintain the Project; (11) electricity,
water, waste disposal, and other utilities; (12) materials and supplies; (13) depreciation on
personal property and equipment; (14) repairing and maintaining structural portions of the
Project and the Buildings which do not exclusively serve one tenant; (15) providing HVAC
maintenance contracts for the routine inspection and maintenance of HVAC systems in the
Project (but only to the extent the same is not maintained by tenants); (16) overhang canopies;
(17) exterminating and pest control; (18) periodic repainting and repairs of exterior walls, fascia
and parapets of the Buildings; (19) reasonable reserves established by Landlord for future
replacements or improvements to the Common Areas; (20) providing trash removal services (to
the extent that Landlord elects to provide such services); (21) any and all Grease Trap Expenses
(unless paid for by Tenant); (22) management and administrative fees, capped at three percent
(3%) of gross rentals for the Project; and (23) any other costs, charges, and expenses which,
under generally accepted accounting principles, would be regarded as maintenance, repair or
operating expenses; and
ii.The cost (amortized over such period as Landlord will reasonably
determine) on the unamortized balance of any capital improvements to the Project, together with
interest at the greater of (1) the Prime Rate prevailing plus two percent (2%) or (2) Landlord’s
borrowing rate for such capital improvements plus two percent (2%).
iii.Notwithstanding anything contained herein to the contrary, Operating
Expenses shall exclude the following: (a) costs (including, without limitation, permit, license
and inspection fees) of any alterations, renovations or improvements of, or decorating in, any
other tenant's premises in the Project; (b) principal or interest payments on loans secured by
mortgages or trust deeds on the Project, or lease rentals paid or payable on any ground or
underlying lease or expenses, fees and transaction costs (including, without limitation, legal
fees) incurred in obtaining such loans or ground or underlying leases; (c) all expenses for which
Landlord has actually received any reimbursement to the extent of such reimbursement
including, without limitation, reimbursements from Tenant or other tenant (such as
reimbursement for repairs) or pursuant to contractor's or other warranties or condemnation, other
than matters paid as additional rent or rent adjustment or other tax or expense pass-through or
escalation expressly provided for in a tenant lease; (d) attorneys' fees, costs and disbursements
and other expenses incurred, except as set forth in Section 4(d) below, in connection with any
matters related to (i) the formation and continued existence of Landlord, (ii) any loans to
Landlord relating to the Project, (iii) tenant leases, including, without limitation, negotiations
with prospective tenants or disputes with or enforcement actions against any tenant, and (iv) the
defense of Landlord's title to or interest in the Project; (e) depreciation and amortization; (f) real
estate brokers' commissions or compensation and other expenses (including, without limitation,
architectural, space planning or engineering services) incurred in leasing or procuring tenants;
(g) the cost of any repairs, alterations, additions, charges, replacements and other items not
specifically permitted to be included herein and which, under generally accepted accounting
principles, are properly classified as capital expenditures; (h) any on-site management or other
fees paid to an agent which is related to Landlord to the extent such fees are in excess of the then
current market rate for customary management fees for projects similar to the Project; (i) payroll
expenses not related to Project management; (j) any interest or penalty charges incurred by
Landlord due to the violation of any law or failure to pay obligations of the Landlord before they
become delinquent (regardless of whether the payment of such obligations is reimbursed
through Operating Expenses); (k) reserves of any kind, including, but not limited to,
replacement reserves, and reserves for bad debts or lost rent or any similar charge not involving
the payment of money to third parties; and (l) charitable or political contributions.
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c.Landlord shall arrange for the regular pickup of such trash and garbage at the
Project, and the cost of the same shall be an Operating Expense. If Landlord determines that
Tenant’s use of the trash and garbage receptacles is in excess of Tenant’s Share, then Landlord
shall have the right to allocate trash and garbage expenses using such ratios as Landlord deems
reasonable in light of Tenant’s usage of the same. The size, design and color of any receptacles
may be prescribed by Landlord and Landlord shall use its best efforts to provide Tenant with its
own dedicated refuse container. Receiving and delivery of goods and merchandise, and removal
of garbage and trash, shall be made only in the manner, areas and at such time as prescribed by
Landlord. All of Tenant’s refuse and other waste materials shall be segregated by category of
waste in accordance with such regulations as Landlord may from time to time adopt. Tenant shall
not operate an incinerator or burn trash or garbage within the Project. Tenant shall, at its sole cost
and expense, provide its own janitorial service.
d. Estimated Payments. During each calendar year or partial calendar year in the
Term, in addition to Monthly Rent, Tenant will pay to Landlord on the first day of each month an
amount equal to 1/12 of Tenant’s Share of the Operating Expenses, as estimated and adjusted
from time to time, in advance, by Landlord acting in a commercially reasonably manner.
Notwithstanding anything to the contrary contained in this Lease, Tenant agrees that it shall be
within Landlord’s sole discretion in determining which portions of Operating Expenses, Taxes (as
defined in Section 5(a) below) and Insurance (as defined in Section 9(a) below) shall be
applicable to all occupants of the Buildings or the Project and which portions of the same shall be
applicable to only occupants of the Retail Area. Within a reasonable time after the close of each
calendar year, Landlord shall give Tenant a statement (the “Statement”) of the year’s Operating
Expenses and the total amount of the Operating Expenses which is Tenant’s obligation, based on
Tenant’s Share, as determined from time to time by Landlord. If such year’s Operating Expenses
is different than the estimated amount paid by Tenant, Tenant shall pay Landlord or Landlord
shall credit Tenant, as applicable, within 30 days of the date of the Statement, Tenant’s Share
which has either (a) not been paid by Tenant or (b) been overpaid by Tenant pursuant to the
estimate. The estimate for Tenant’s Share of Operating Expenses as of the Extension Date is the
Operating Expense Charge set forth in Section 3(b) of this Amendment. This amount shall be
paid monthly until such time as Landlord, in writing, reasonably adjusts the estimated Operating
Expense Charge pursuant to the first sentence of this paragraph. Amounts payable by Tenant
according to this section will be payable as Rent, without deduction or offset. If Tenant fails to
pay any amounts due according to this section, Landlord will have all the rights and remedies
available to it on account of Tenant’s failure to pay Rent.
e.Audit. Tenant shall have the right, at Tenant’s sole cost and expense, for a period
of 90 days following receipt of the Statement, to audit Landlord’s records of the Operating
Expenses, provided, that all the following criteria are met: (a) before conducting any audit, Tenant
must pay the full amount of any Operating Expenses due, and must not be in material default of
any other provisions of this Lease; (b) in conducting the audit, Tenant must utilize an independent
certified public accountant (the “CPA”) experienced in auditing commercial center records and
compensated on a non-contingency basis, which CPA will be subject to Landlord’s reasonable
prior approval; (c) the audit shall be conducted at Landlord’s main offices; (d) upon receipt
thereof, Tenant will deliver to Landlord a copy of the audit report and all accompanying data; (e)
Tenant will keep confidential all agreements involving the rights provided in this section and the
results of any audit conducted hereunder, and shall cause the CPA conducting said audit to keep
information confidential; and (f) Tenant’s audit rights shall not cover a period of time in excess of
the one calendar year immediately preceding the audit, unless the Statement covers more than one
calendar year. Notwithstanding the foregoing, in the event the audit shows a disparity of greater
than 10%, then Landlord shall be responsible for the payment of the cost and expense of the
audit. Tenant’s failure to conduct an audit within 90 days after receipt of the final Statement shall
be deemed conclusive that Landlord’s assessment of the Operating Expenses is correct.
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f. Billing Disputes. If there exists any dispute as to (a) the amount of Additional
Rent, (b) whether a particular expense is properly included in Additional Rent, or (c) Landlord’s
calculation of Additional Rent (each an “Additional Rent Dispute”), the events, errors, acts or
omissions giving rise to such Additional Rent Dispute shall not constitute a breach or default
against Landlord under this Lease, and even if a judgment resolving the Additional Rent Dispute
is entered against Landlord, this Lease shall remain in full force and effect and except relating to
Landlord’s willful acts, Landlord shall not be liable for any consequential damages resulting from
the event, error, act or omission giving rise to such Additional Rent Dispute. Notwithstanding the
existence of an Additional Rent Dispute, Tenant shall pay timely the amount of Additional Rent
which is in dispute and will continue to make all subsequent payments of Additional Rent as and
when required under this Lease, provided that the payment of such disputed amount and other
amounts shall be without prejudice to Tenant’s position.
5. Payment of Taxes.
a.Beginning on the Extension Date and continuing for the duration of the Term,
Tenant shall pay Tenant’s Share of all real property taxes or any tax levied in lieu thereof on or in
addition thereof (including, but not limited to, rental taxes, but excluding taxes on net income of
the Project), or due to the ownership or operation of the Project, levied, assessed or allocated for
any period included in the Term or any extensions thereof (including any special assessments
created by formation of a special improvement district or created in any other manner), together
with all charges incurred by Landlord in disputing or contesting any such taxes or charges
(hereinafter collectively referred to as the “Taxes”), levied or assessed against the Project. During
each month of the Term, Tenant shall make a monthly escrow deposit (the “Tax Escrow
Payment”) with Landlord equal to 1/12th of Tenant’s Share of the Taxes on the Project that are
estimated to be due and payable for that particular calendar year. Tenant authorizes Landlord to
use the funds deposited by Tenant with Landlord under this section, to pay the Taxes levied or
assessed against the Project. Each Tax Escrow Payment shall be due and payable at the same
time and in the same manner as the Monthly Rent. The amount of the Monthly Tax Escrow
Payment is that amount set forth in Section 3(b) of this Amendment. The Monthly Tax Escrow
Payment is based upon Tenant’s Share of the estimated Taxes on the Project for the initial
calendar year of the Term, and the monthly Tax Escrow Payment is subject to increase or
decrease from time to time as determined by Landlord to reflect an accurate escrow of Tenant’s
estimated Share of the Taxes. The Tax Escrow Payment account of Tenant shall be reconciled
annually by Landlord at the same time as the Operating Expenses are reconciled. If Tenant’s total
Tax Escrow Payments are less than Tenant’s Share of the actual Taxes on the Project, Tenant shall
pay the difference to Landlord within 30 days after receipt of written notice. If the total Tax
Escrow Payments of Tenant are more than Tenant’s Share of the actual Taxes on the Project,
Landlord shall retain such excess and credit it to Tenant’s Tax Escrow Payment account.
Amounts payable by Tenant according to this section will be payable as Rent, without deduction
or offset. If Tenant fails to pay any amounts due according to this section, Landlord will have all
the rights and remedies available to it on account of Tenant’s failure to pay Rent.
b. If at any time during the Term, the present method of taxation shall be changed
so that in lieu of the whole or any part of any taxes, assessments, levies or charges levied,
assessed or imposed on real estate and the improvements thereon, there shall be levied, assessed
or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or
a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such
rents or the present or any future building or buildings on the Project, but excluding any tax on
Landlord’s net income from the Project, then all such taxes, assessments, levies or charges, or the
part thereof so measured or based, shall be deemed to be included within the term “Taxes” for the
purposes hereof. In such event, the Taxes allocable to the Project shall be calculated as though
the Project were the only property owned by Landlord.
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c.Tenant shall be liable for all taxes levied against personal property and trade
fixtures placed by Tenant in the Premises and for any increase in the assessed value of Landlord’s
property resulting from inclusion of personal property and trade fixtures placed by Tenant in the
Premises. If Tenant fails to timely pay any taxes levied against its personal property and trade
fixtures, or any increase in the assessed value of Landlord’s property resulting from inclusion of
personal property and trade fixtures placed by Tenant in the Premises, Landlord may elect, but
shall have no obligation, to pay the same whereupon Tenant shall pay to Landlord, upon demand,
that part of such taxes for which Tenant is liable hereunder. Any sums so paid by Landlord shall
be deemed to be Additional Rent owing by Tenant to Landlord and due and payable, upon
demand, as Additional Rent, plus interest at the rate of ten percent (10%) per annum or the
maximum rate allowed by applicable law, whichever is less, from the date of payment by
Landlord until repaid by Tenant.
d. Notwithstanding anything to the contrary contained herein, Tenant acknowledges
that Landlord may, in its sole and absolute discretion, contest the amount or validity, in whole or
in part, of any Taxes allocated to the Project. Upon the termination of those proceedings,
Landlord may adjust Tenant’s Share of the Taxes to reflect any change in Taxes as a result of
Landlord’s protest. Tenant is not obligated to join in any contest or proceedings, unless required
by law or other procedural rules. Landlord shall have the right to employ a tax-consulting firm to
attempt to assure a fair tax burden on the Project and the cost for the same, if successful, shall be
an Operating Expense.
6. Final Proration. If this Lease ends on a day other than the last day of a calendar year, the
Operating Expenses and the Taxes payable by Tenant applicable to the calendar year in which this
Lease ends will be calculated on the basis of the number of days of the Term falling within such
calendar year and Tenant’s payment obligation or Landlord’s obligation to refund any overage
will survive the expiration or other termination of this Lease.
7. No Assurance. Tenant acknowledges that Landlord has not made any representation or
given Tenant any assurances that: (a) the Operating Expenses Charge will equal or approximate
the actual Operating Expenses for any calendar year during the Term; or (b) the Tax Escrow
Payment will equal or approximate the actual Taxes for any calendar year during the Term.
8. Reconciliation. Notwithstanding anything to the contrary contained in this Lease,
Landlord’s failure to provide a reconciliation of the Operating Expenses, the Taxes or the
Insurance shall in no way release Tenant from its obligation to pay Tenant’s Share thereof, or
constitute a waiver of Landlord’s right to assess and collect for the same from Tenant in
accordance with this Lease.
9. Insurance Escrow Payment.
a.Beginning on the Extension Date and continuing for the duration of the Term,
Tenant agrees to pay Tenant’s Share of Landlord’s cost of the Insurance (as hereinafter defined)
for the Project; provided, that Tenant shall not be liable for paying any Insurance relating to the
residential portion of the Project. For this purpose, the “Insurance” shall mean all insurance
carried by Landlord from time to time with respect to the Project, including, without limitation,
fire and extended coverage insurance and commercial general liability insurance in such amounts
as Landlord deems necessary or desirable on the Project. Insurance as stated herein may include,
without limitation, liability insurance for personal injury, death and property damage, insurance
against fire, flood, extended coverage, theft or other casualties, fidelity bonds for personnel,
insurance against liability for assault and battery, and defamation and claims for false arrest.
During the Term, Tenant shall make a monthly escrow deposit (the “Insurance Escrow Payment”)
with Landlord equal to 1/12th of Tenant’s Share of the Insurance on the Project estimated to be
due and payable for that particular year. The amount of the initial monthly Insurance Escrow
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Payment will be that amount set out in Section 3(b) of this Amendment. Tenant authorizes
Landlord to use the funds deposited by it with Landlord under this section to pay the cost of the
Insurance. Each Insurance Escrow Payment shall be due and payable at the same time and
manner of the payment as Monthly Rent. The initial monthly Insurance Escrow Payment is based
upon Tenant’s Share of the estimated Insurance on the Project for the year in question. The
monthly Insurance Escrow Payment is subject to increase or decrease from time to time as
determined by Landlord to reflect an accurate monthly escrow of Tenant’s estimated Tenant’s
Share of the Insurance. Tenant’s Insurance Escrow Payment account shall be reconciled annually
at the same time as the Operating Expenses are reconciled. If Tenant’s total Insurance Escrow
Payments are less than the actual Tenant’s Share of the Insurance on the Project, Tenant shall pay
to Landlord, within 30 days after receipt of written notice, the difference. If the total Insurance
Escrow Payments by Tenant are more than the actual Tenant’s Share of the Insurance on the
Project, Landlord shall retain such excess and credit the same to Tenant’s Insurance Escrow
Payment account. Amounts payable by Tenant according to this section will be payable as Rent,
without deduction or offset. If Tenant fails to pay any amounts due according to this section,
Landlord will have all the rights and remedies available to it on account of Tenant’s failure to pay
Rent.
b. If this Lease ends on a day other than the last day of a calendar year, the amount
of increase (if any) for the Insurance payable by Tenant applicable to the calendar year in which
this Lease ends will be calculated on the basis of the number of days of the Term falling within
such calendar year and Tenant’s obligation to pay any increase or Landlord’s obligation to refund
any overage will survive the expiration or other termination of this Lease.
c.Tenant acknowledges that Landlord has not made any representation or given
Tenant any assurances that the estimated Insurance Escrow Payment will equal or approximate
the actual cost of Insurance for any calendar year during the Term.
10. Payment of Past Due Rent.
a. Past Due Rent. Tenant acknowledges and agrees that past due Rent in the
approximate amount of $85,000.00 is due and owing from Tenant to Landlord under the Lease (the “Past
Due Rent”). Notwithstanding anything set forth herein, including the execution of this Amendment,
Landlord does not waive or release any of its rights and remedies, as set forth in Paragraph 14.2 of the
Lease, in connection with any and all Events of Default by Tenant or Tenant’s breaches of the Lease
related to the Past Due Rent and Tenant’s failure to pay Rent as provided for in the Lease.
b. Forgiveness. Landlord hereby forgives all but THIRTY THOUSAND DOLLARS
($30,000.00) of the Past Due Rent (the “Unforgiven Balance”).
c. Payment of the Unforgiven Balance. Tenant agrees to pay to Landlord the
aforementioned Unforgiven Balance ($30,000.00), as Rent due under the Lease, as follows: commencing
on March 1, 2023, and continuing on the first day of the succeeding fifty-nine (59) calendar months,
Tenant shall pay to Landlord the amount of $500.00 (the “Past Due Rent Payments”) until the Unforgiven
Balance has been paid in full. All Past Due Rent Payments not made on or before the first day of the
applicable month, shall be subject to the Late Charge set forth in Paragraph 4.3 of the Lease and interest
shall accrue interest thereon until paid in full at the interest rate set forth in Paragraph 4.2 of the Lease.
11. If there is any conflict between the terms of this Amendment and the terms of the Lease,
the terms of this Amendment govern. The Lease, as hereby amended, is in full force and effect, is
hereby ratified and affirmed by the parties, and is binding upon the parties in accordance with its
terms.
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12. This Amendment shall be binding when duly executed by the Parties and shall be
effective as of 12:00AM MST on the Extension Date.
13. By executing this Amendment, Guarantor hereby (i) consents to the extension and
amendment of the Lease set forth in this Amendment, and (ii) confirms and agrees that his
Guaranty, attached as Exhibit F to the Lease, is and shall remain in full force and effect for the
duration of the Term, is ratified and confirmed in all respects, and shall extend to all amounts
(including, without limitation, Rent, Additional Rent and the Unforgiven Balance) payable under
this Amendment.
14. In consideration for Landlord’s forgiveness set forth in Paragraph 10 hereof, Tenant, for
itself, its employees, agents, assigns, successor in interest and all other representatives hereby
releases and fully discharges Landlord, its employees, offices, agents, attorneys, predecessors,
successors and assigns from any and all claims, causes of actions, counterclaims, defenses and
rights to offset which exist as of the date of this Amendment, whether the same are known or
unknown. This is intended to be a general and comprehensive release of existing claims. Tenant
further acknowledges and agrees that Landlord is not currently in default of the Lease.
15. This Amendment contains the entire understanding and agreement of the parties
concerning the subject matter hereof. All prior agreements and/or representations regarding the
subject matter hereof, whether oral or written, are superseded by this Amendment. This
Amendment may only be modified or amended by written instrument executed by each of the
parties hereto. No waiver of any of the terms and conditions of this Amendment shall be effective
unless in writing, executed by the waiving party.
16. This Amendment may be executed by facsimile and in any number of counterparts and by
each of the parties hereto in separate counterparts, each of which when so executed shall be deemed
to be an original and all of which together shall constitute one and the same. A facsimile or
electronically transmitted signature shall be deemed an original for purposes of evidencing execution
of this Amendment.
17. Time is of the essence herein.
[Remainder of Page Intentionally Left Blank]
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SIGNATURE PAGE TO EXTENSION AND AMENDMENT TO LEASE AGREEMENT
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first
above written.
JOSE ADO SALGUERO d/b/a Ado’s Kitchen &
Bar,
Jose Ado Salguero
“Tenant”
LOTH, LLC,
a Colorado limited liability company
By:
Print Name:
Print Title:
“Landlord”
GUARANTOR
Jose Ado Salguero, individually
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2/15/2022
2/15/2022
Physical Address: Mailing Address:
1707 Cole Boulevard, Suite 300 P.O. Box 17087
Lakewood, CO 80401 Denver, Colorado 80217-087
NOTIFICATION LETTER
Date: February 10, 2026
ADO'S
C/O LOCAL LICENSING AUTHORITY
1143 13TH STREET #101
Boulder, CO 80302
Original x Renewal Transfer Multiple Reprint(Reissue)
Dear Applicant: ADO'S #03-06241
The Liquor Enforcement Division is requesting the following document(s) in order to
process and approve your Hotel & Restaurant (city) application. We are unable to issue a
license until a complete application is submitted.
Please provide the following items:
✓ Missing renewal fee of $750.00. Please complete the online payment for the
renewal of your liquor license
Failure to provide the requested items to your Local Licensing Authority within 45 days may result
in a recommendation of denial for your application.
If you have any questions regarding this letter, please contact:
Colorado Liquor & Tobacco Enforcement Division
Liquor Licensing Department
303-205-2300
dor_liqlicensing@state.co.us
Online Payments: https://secure.colorado.gov/apps/payport/online/selectServiceType.jsf