CITY AND COUNTY OF DENVER

DEPARTMENT OF LAW DOUGLAS J. FRIEDNASH CITY ATTORNEY

1437 Bannock Street Room 353 Denver, Colorado 80202 Phone: 720-865-8600 FAX: Assistant Director 720-865-8796

MICHAEL B. HANCOCK Mayor

January 3, 2013 VIA E-MAIL ONLY Mr. Jack Reutzel Re: 101 North Broadway Mr. Reutzel: This letter comes in response to your December 13, 2013, letter and our face-toface meeting on December 20, 2013. At our meeting, we discussed your response to the five elements of the Work Plan that must be completed, at a minimum, to keep El Diablo and Sketch open. Again, those elements are and were: 1. Do not occupy or use the 2nd, 3rd, 4th floors of the building; 2. Do not occupy or store any materials in the basement; 3. Submit plans for permits necessary to complete the targeted repairs to the roof; 4. Resolve issues of lateral load resistance through the submittal of plans or reports based upon the additional analysis from the Owners structural engineer (JR Harris) as presented during the Board of Appeals hearing; 5. Resolve, through the submittal of plans, the unpermitted alterations to the building, adjoining structure and site. Compliance with these five elements is needed to keep the businesses on the first floor of 101 N. Broadway open. Your letter tries to show why you do not have to comply with the five elements, instead of showing how you are complying or will comply. For example, you note that you have permits to begin construction on the 2nd floor and that you have had meetings regarding storage on the basement. These permits and meetings may help in the long-term goals of occupancy of areas beyond the first floor of the building; however, they do nothing to meet our short-term goal of keeping the businesses open and employees working. The five elements above were distilled from a much larger

Work Plan to make compliance easier. The five must be met first before addressing other permits or long-term plans. In regards to 2nd, 3rd and 4th floor and the basement of the building, an inspection is required to ensure there is no occupancy. As I noted at our meeting, the City will only come in for an inspection of the 101 N. Broadway property at the Owners invitation. In the past, when we attempted to inspect the property without invitation, your client alleged that we were harassing him. In response, we noted that all future inspections would only occur at your clients invitation. You conveyed that your client has tried to reach out to the City to schedule inspections. We dispute this assertion. We have kept detailed records of every communication from your client and have received no new communications to attempt to resolve the occupancy issues. In regards to the roof, you note that there is not an imminent life safety hazard. This statement does not address our repeated request to simply submit a plan to complete targeted repairs to the roof. To date, we have not received any such targeted repair plans. In regards to the lateral load plans. We have stated that the Bernshausen Analysis is insufficient. The errors in the Analysis are grave. Additionally, the letter from JR Harris given at the Board of Appeals hearing notes that he must conduct additional analysis. We are still awaiting the additional analysis from JR Harris. In regards to the unpermitted alterations, you noted that the owner believes he has addressed or can address all of the unpermitted work. To date, no plans have been submitted nor has the City been invited to inspect any possible improvements that may have been made to correct the unpermitted work. Finally, I note that the deadline for compliance with all of the five elements has passed and none of the five elements have been complied with. As none of the minimum requirements have been met, the City is forced to consider all options afforded to it to protect the health and safety of the public. Respectfully, s/ D. Scott Martinez D. Scott Martinez Deputy City Attorney