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COUNTY COURT, ARAPAHOE COUNTY

STATE OF COLORADO
1790 W. LITTLETON BLVD.
LITTLETON, CO. 80120

4425 SANTA FE LLC,


Plaintiff,
v.
PETER COULTER,
Defendant. CASE NO. 18C 31775

Defendant DIVISION A-1


Peter Coulter
Mailing Address:
151 Summer Street #654
Morrison, Colorado 80465
Phone 720 549-5349

MOTION TO DISMISS

Defendant Peter Coulter, pro-se, would request the Court to dismiss the above cited
case. As good and sufficient cause the Defendant states as follows:

BACKGROUND

PARTIES:

1. Plaintiff is a new Colorado LLC formed for the purpose of purchasing 4425 South
Santa Fe, Englewood Colorado [Unincorporated Arapahoe County] which, to the
best of knowledge and belief closed on December 26, 2016.

2. Said address contains mini-warehouses and in fact is called, “AA mini-warehouse”

3. Up until December 21st, the manager for the previous owner was Ms. Colleen
Gallager. She told me she quit because that owner kept her in the dark and told
her nothing about the sale. She moved to Florida and the current Manager Mr.
Dominic Esquibel, indicated that he drove her there in her truck and dropped her
off at her sisters. Neither Mr. Esquibel or any of the new owners will give me her
contact information1. Her testimony is paramount in this case.

1
To the best of knowledge and belief, Mr. Esquibel has Ms. Gallegar’s contact information but has been informed
not to give it to the Defendant.

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4. According to a Notice posted in the office, there are two principal owners; Mr.
John Franzman and Mr. Jamie Mitchell. [Exhibit b]

5. Mr. Franzman hold himself out to be a contractor who has built million-dollar
projects. [Exhibit c ] Mr. Franzman knows or should know that before you can
begin any construction, you must apply for and get approval for a building permit.

6. Mr. Mitchell is the other principal and is a real-estate agent

7. Defendant rented space from Plaintiff’s predecessor in ownership of AA Mini


Storage in October at 4435 South Santa Fe, Englewood, Colorado.

8. Plaintiff’s purchased the property on the 27th of December and immediately


approached Defendant and told him he had to move his cars because they were
going to build additional units at the location where the 2 cars were located.

9. Plaintiff’s indicated that Defendant could move his cars temporarily [Exhibit E3]
into one spot [Exhibit E5] where the previous manager, Colleen Gallegar kept her
vehicle and the next day they would have two spots for the two automobiles. They
assured me they would find a new location for them the next day so they wouldn’t
get damaged by the construction.

10. But it never happened. They then told me they didn’t have another location for the
cars and started indicating that I would have to remove the two cars from the
premises.

11. Mr. Franzen, one of the owners has held himself out to be a contractor that has
built million dollar projects. He is therefore well aware that he must have a building
permit before beginning construction of any type.

12. The other principal Mr. Mitchell, has been a real estate agent/broker for over 10
year. He is also well aware that he must have a building permit before beginning
construction of any type.

4425 SOUTH SANTA FE

13. The subject property was a 1940’s motel converted into a mini-storage facility.
There is a san-o-let for a bathroom, there are no ADA provisions including no
handicap bathrooms, no access to the office, no units set aside for ADA tenants,
no ADA parking spots. The storm water collects on the back of the property and
has flooded units at times. To the best of knowledge and belief, the one corridor
through the property does not meet the requirements of a fire lane and is always
clogged with vehicles of tenants who work inside the units and use them as their

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place of business. There is an onsite manager but the gates are opened and
closed with a padlock and chain and every tenant has a key. Security is lax and it
is my understanding that there have been issues in the past.

DEFENDANT

14. Defendant, Peter Coulter had automobiles and very expensive automobile parts
stored next door to AA mini-storage at 4411 South Santa Fe, Lincoln Auto. The
sold the property in September and it closed 15 days sooner than anticipated. I
was able to move a majority of parts but had to find a place quickly and
conveniently to store the remainder of the parts until I could get them sold.
15. I went next door to AA mini-storage, spoke with Ms. Gallager and rented a space,
specifically no. 31 and started moving the parts in which took approximately 3 or 4
days.

16. I signed a contract before I moved in, BUT IT IS NOT THE CONTRACT
PRESENTED BY THE PLAINTIFFS as I believe is their Exhibit 1.2 My copy
contains only the unit 31 and not the two additional spaces for the automobiles.
The monthly price that I agreed to was/is $125.

17. There are signs in front of my unit that indicate that each Tenant gets one free
parking space. Ms. Gallegar agreed the signs were confusing but that I would
have to pay for the space. I said I would but I wanted the contracts under my
company name. No contract was ever provided. Then I wanted another space for
a vehicle and no contract was never provided. What was understood between
myself and Ms. Gallegar was that I could pay in arears because I never new how
long the cars would be there. We orally agreed to $1.61 per day per car payable
in arrears. [emphasis added]

18. The Plaintiffs then started construction [with Mr. Franzen supervising the workers]
on the premises without a building permit directly where the door to Defendant’s
unit and my two cars were located [Exhibit E] in one parking spot and I was very
concerned that they would get damaged by the construction.

19. Then Plaintiff [Mr. Franzen] started harassing me, telling me my cars weren’t
registered, the tow company had been called and they were going to be towed,
when in fact they were both properly registered.

2
Defendant is not sure Exhibit 1 of Plaintiff’s Complaint is the lease, as he has never been served in accordance
with the prevailing statute. I was given a copy of the alleged lease on January 4 th by Mr. Esquibal but it is in my
space at AA mini storage and the Plaintiffs have padlocked the door as well as blocked in my two vehicles with a
car.

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20. This continued on for the next 3 or 4 days until it pinnacled on January 9th when
the Arapahoe County Building Department posted a stop work order [Exhibit E ]
for the construction without a permit. Mr. Franzen called me no less than 5 times
in a four-hour period that day threatening me and finally when I went to give a
courtesy copy of a Notice to file Suit to the manager, Dominic, Mr. Franzen
followed me to my car and stated, “You better watch your back or you could end
up dead.”

21. The Plaintiffs padlocked my storage unit and parked a car behind my two cars so
that I could not have access to them or move them.

22. On two occasions I specifically told Mr. Franzen that he was breaking the law by
his actions but he just kept referring me to the lease agreements. He was always
so angry he wouldn’t listen to me. [He kept changing his mind as to how many
lease agreements there were. It altered from 1-3 depending on the day.]

23. On two separate occasions by fax the Defendant asked for all documentation they
had to be mailed to me by certified mail so that we were both on the same
page. They ignored that request. I asked for certified mail because they kept
insisting they sent documents but I had never received anything.

24. It is very obvious that the purpose to unlawfully remove me from the property was
so they could do their construction without a permit without getting caught. They
knew, or should have known that any new construction, with or without a permit,
would trigger Federal ADA requirements including bathrooms [instead of the
present san-o-let] dedicated handicap units, dedicated handicap parking spaces,
access to all common areas, and also requirements to bring the property up to
present fire and building codes.

25. They knew, or should have known, that as part of the building permit application is
a requirement that the project meet current ADA Federal provisions and failure to
do so can/will result in a fine upwards of $50,000 prosecuted by the Department
of Justice.

26. Defendant has now filed a Complaint with the U.S. Justice Department, Civil
Rights Division, ADA section, and has conferred with attorneys in filing a civil suit
in US District Court as permitted under US Codes.

PERTINENT STATUTES

27. Paragraph 12 of Plaintiffs Complaint indicates that they are filing under the
dictates of CRS 13-40-101 et. seq.; unlawful detention of real property.

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28. On no less than 3 occasions, once to Mr. Mitchell and at least twice to Mr.
Franzman; I indicated that I believed they were following the wrong statute [for
mini-storage facilities]

29. In 2011, the legislature enacted a bill made specifically for Tenant-Landlords
concerni ng Mini Storage Facilities. CRS 38-21.5.101 et. seq. SELF STORAGE
FACILITY LIENS. [Exhibit 1 with pertinent parts violated highlighted][

30. I happened to be at the Senate Judicial Committee hearing when this bill was
presented. There were witnesses who spoke to the Committee telling of horror
stories of dealing with mini-storage facilities; never being aware that the landlords
were going to Court and having their contents sold out from underneath them.
That is the reasoning behind passing the bill into law.

31. Plaintiff is a mini-storage facility have completely ignored the mandates


presented in CRS 38-21.5.101et. seq. including:

32. CRS 38-21.5-103 (a) No enforcement action shall be taken by the owner until the
occupant has been in default continuously for a period of thirty days.

33. They begun enforcement action on January 3 and filed the Complaint on January
25th; both dates before the 30 day period.

34. CRS-21.5-103 (b) After the occupant has been in default continuously for thirty
days, the owner may begin enforcement action if the occupant has been notified in
writing. The owner shall deliver the notice in person or by verified mail or electronic
mail to the last-known address of the occupant…….

35. The Plaintiffs never delivered notice in person or by verified mail or electronic mail
to last known address or any address. This was even after the Defendant asked
them to send documents by verified mail so that the issue could be worked out.

36. CRS-21.5-103(c) The notice shall include:

(I) An itemized statement of the owner's claim showing the sum due at the time of
the notice and the date when the sum became due;

(II) A brief and general description of the personal property subject to the lien. Such
description shall be reasonably adequate to permit the person notified to identify such
property; except that any container including, but not limited to, a trunk, valise, or
box that is locked, fastened, sealed, or tied in a manner which deters immediate
access to its contents may be described as such without describing its contents.

(III) A notification of denial of access to the personal property, if such denial is


permitted under the terms of the rental agreement, which notification shall provide

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the name, street address, and telephone number of the owner or his designated
agent whom the occupant may contact to respond to such notification;

(IV) A demand for payment within a specified time not less than fifteen days after
delivery of the notice;

(V) A conspicuous statement that, unless the claim is paid within the time stated in
the notice, the personal property will be advertised for sale or other disposition and
will be sold or otherwise disposed of at a specified time and place.
37. The Plaintiff’s reliance on there own Exhibit 2 is prima facia proof that they did not
comply with the applicable statute and by continuing this action are maintaining a
groundless and frivolous action against the Defendant.

38. CRS 38-21.5-[II] (II) If the property upon which the lien is claimed is a vehicle or
watercraft, and rent and other charges related to the property remain unpaid or
unsatisfied for sixty days: [before prosecution may begin]

39. As of the date of return in this suit, rent has only gone upaid for 34 days; far short
of the 60 days required by the statute. Further, the Plaintiffs want the Defendant to
pay for two spaces for which there is no contract and where the vehicles have
been placed in one spot, blocked in by Plaintiff’s cars and right next to
construction that has no permit.

40. CRS 38-21.5 language goes on to say:

(k) Nothing in this section affects the rights and liabilities of the owner or the
occupant if:

(I) The requirements of this article are not satisfied;

(II) The sale of the personal property is not in conformity with the notice of sale; or

(III) There is a willful violation of this article.

41. The Plaintiff have not met the requirements of this article and are clearly in willful
violation of the same.

42. 38-21.5-104. Notice posted in office

Each owner acting pursuant to this article shall keep posted in a prominent place in
his office at all times a notice which shall read as follows:

"All articles stored by a rental agreement, and charges not having been paid for thirty
days, will be sold or otherwise disposed of to pay charges."

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43. This sign is now posted in the office with the CRS 38-21.5.104 Statute Cite; but when
the new owners took over on December 27th it was not there and was not there when
the Defendant signed his lease in October,2017.

44. It is a double edged sword. The notice was not there when the Defendant signed and
it being there now is again Prima Facia evidence that the owners are aware of CRS
38-21.5-101 et.seq. and deliberately chose to ignore the statute as presented to the
Court.

FRAUD ON THE COURT

45. The Plaintiffs have committed 2 Frauds on the Court.

46. They submitted a fraudulent contract to the court where language was added. They
knew or should have known that the language was added after Defendant signed.
47. They claimed $400 to repair two oil stains that in reality have not been touched
[Exhibit E] and would actually cost less than $5.00 to clean up. [Additionally, they
never requested that the Defendant clean up the two oil spots or he would have done
it] This is clearly a scam by the Plaintiffs to mislead this Court at the expense of the
Defendant.

DAMAGES TO DEFENDANT

48. Because of the unlawful actions of the Plaintiff in not following Title 38-21.5 in an
effort to do construction without a permit so they would not have to meet ADA
requirements; all at the Defendant’s expense. Defendant has been unable to market
and sell the vehicles and he has been unable to sell the parts located in the storage
locker. All at a great hardship to the Defendant. And most egregious was the threat
by Mr. Franzen to kill me. For what? Because he got caught doing something he
shouldn’t?
49. Defendant believes the damages are at least $300 per day because of the actions of
the Plaintiffs who have filed and maintained this frivolous and vexatious Complaint.

WHEREFORE, the Defendant, Peter Coulter would request this Court:

 Dismiss the Plaintiffs Complaint with prejudice,

 Strike the Lease marked Plaintiff’s exhibit 1 as fraudulent and not meeting of the
minds,

 Award damages to the Defendant in the amount of $300 per day beginning Jan 3 rd
until such time as they remove the locks on my storage unit and give free access to
the automobiles,

 Award triple damages for fraud and fraud on the court to the Defendant,

 Sanction Mr. Vedra for taking on a case for which he had no competence in violation
of the Rules of Professional Conduct 1.1

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 For costs and fees on the part of the Defendant including $100 per hour in the
composition of this Motion,

 And for such other relief as the Court feels necessary and proper in this matter.

Respectfully submitted this 2nd day of February,

/Peter Coulter
Mailing Address
151 Summer Street #654
Morrison, Colorado 80465
Email: 18C31775@gmail.com

CERTIFICATE OF SERVICE

The undersigned Defendant Peter Coulter certifies that a true and correct copy of the
above MOTION TO DISMISS was personally served on Plaintiffs
attorney, Mr. Daniel Vedra, at the Arapahoe County Courthouse
on February 2, 2018 before the scheduled return hearing.

/Peter Coulter

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1 of 1
EXHIBIT 1-a.
Book Browse
C.R.S. 38-21.5-101 (Copy w/ Cite)
C.R.S. 38-21.5-101

COLORADO REVISED STATUTES

*** Current through all Laws passed and signed in the First Regular and First Extraordinary
Sessions of the 71st General Assembly (2017) ***

TITLE 38. PROPERTY - REAL AND PERSONAL


LIENS
ARTICLE 21.5. SELF-SERVICE STORAGE FACILITY LIENS

C.R.S. 38-21.5-101 (2017)

38-21.5-101. Definitions

As used in this article, unless the context otherwise requires:

(1) "Default" means the failure to perform in a timely manner any obligation or duty set
forth in this article or the rental agreement.

(1.5) "Electronic mail" or "e-mail" means an electronic message or an executable program


or computer file that contains an image of a message that is transmitted between two or
more computers or electronic terminals. The term includes electronic messages that are
transmitted within or between computer networks.

(2) "Last-known address" means that postal address or e-mail address provided by the
occupant in the latest rental agreement or in a subsequent written notice of a change of
address.

(3) "Occupant" means a person, or his sublessee, successor, or assign, entitled to the use of
the storage space at a self-service storage facility under a rental agreement, to the
exclusion of others.

(4) "Owner" means the owner, operator, lessor, or sublessor of a self-service storage
facility, his agent, or any other person authorized by him to manage the facility or to
receive rent from an occupant under a rental agreement.

(5) "Personal property" means movable property not affixed to land and includes, but is not
limited to, goods, merchandise, and household items.

(6) "Rental agreement" means any written agreement or lease that establishes or modifies
the terms, conditions, rules, or any other provisions concerning the use and occupancy at a
self-service storage facility and that contains a notice stating that all articles stored under
the terms of such agreement will be sold or otherwise disposed of if no payment has been
received for a continuous thirty-day period. The agreement must contain a provision
directing the occupant to disclose any lienholders with an interest in property that is or will

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be stored in the self-service storage facility.

(7) "Self-service storage facility" means any real property designed and used for the
purpose of renting or leasing individual storage space to occupants who are to have access
to such facility for the purpose of storing and removing personal property. No occupant shall
use a self-service storage facility for residential purposes. A self-service storage facility is
not a warehouse as used in sections 4-7-209 and 4-7-210, C.R.S. If an owner issues any
warehouse receipt, bill of lading, or other document of title for the personal property stored,
the owner and the occupant are subject to the provisions of the "Uniform Commercial
Code", and the provisions of this article do not apply.

(8) "Vehicle" means any item of personal property required to be registered with the
department of revenue pursuant to section 42-3-103, C.R.S.

(9) "Verified mail" means any method of mailing that is offered by the United States postal
service and that provides evidence of mailing.

(10) "Watercraft" means any vessel, including a personal watercraft, as defined in section
33-13-102, C.R.S.

HISTORY: Source: L. 80: Entire article added, p. 700, § 1, effective July 1. L. 2011: (1.5),
(8), (9), and (10) added and (2) and (6) amended, (SB 11-039), ch. 92, p. 271, § 1,
effective August 10.

C.R.S. 38-21.5-102 (Copy w/ Cite) EXHIBIT 1b.


C.R.S. 38-21.5-102

COLORADO REVISED STATUTES

*** Current through all Laws passed and signed in the First Regular and First Extraordinary
Sessions of the 71st General Assembly (2017) ***

TITLE 38. PROPERTY - REAL AND PERSONAL


LIENS
ARTICLE 21.5. SELF-SERVICE STORAGE FACILITY LIENS

C.R.S. 38-21.5-102 (2017)

38-21.5-102. Lien established

Where a rental agreement, as defined in section 38-21.5-101 (6), is entered into between
the owner and the occupant, the owner of a self-service storage facility and his or her heirs,
executors, administrators, successors, and assigns have a lien upon all personal property
located at the self-service storage facility for rent, labor, or other charges, present or
future, in relation to the personal property and for expenses necessary for its preservation
or expenses reasonably incurred in its sale or other disposition pursuant to this article. The
lien attaches as of the date the personal property is brought to the self-service storage

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facility and continues so long as the owner retains possession and until the default is
corrected, or a sale is conducted, or the property is otherwise disposed of to satisfy the lien.
Prior to taking enforcement action pursuant to section 38-21.5-103 (1)(b), the owner shall
determine if a financing statement concerning the property to be sold or otherwise disposed
of has been filed with the secretary of state in accordance with part 5 of article 9 of title 4,
C.R.S.

HISTORY: Source: L. 80: Entire article added, p. 701, § 1, effective July 1. L. 2001: Entire
section amended, p. 1447, § 43, effective July 1. L. 2011: Entire section amended, (SB 11-
039), ch. 92, p. 274, § 3, effective August 10.

C.R.S. 38-21.5-103 (Copy w/ Cite)


C.R.S. 38-21.5-103
EXHIBIT 1c.

COLORADO REVISED STATUTES

*** Current through all Laws passed and signed in the First Regular and First Extraordinary
Sessions of the 71st General Assembly (2017) ***

TITLE 38. PROPERTY - REAL AND PERSONAL


LIENS
ARTICLE 21.5. SELF-SERVICE STORAGE FACILITY LIENS

C.R.S. 38-21.5-103 (2017)

38-21.5-103. Enforcement of lien

(1) An owner's lien, as provided for a claim that has become due, may be satisfied as
follows:

(a) No enforcement action shall be taken by the owner until the occupant has been in
default continuously for a period of thirty days.

(b) After the occupant has been in default continuously for thirty days, the owner may begin
enforcement action if the occupant has been notified in writing. The owner shall deliver the
notice in person or by verified mail or electronic mail to the last-known address of the
occupant and shall provide the notice to any lienholder with an interest in the property to be
sold or otherwise disposed of, of whom the owner has knowledge through the disclosure
provision on the rental agreement, as evidenced by a financing statement filed with the
secretary of state, or through the owner's receipt of other written notice of such interest
from the lienholder.

(c) The notice shall include:

(I) An itemized statement of the owner's claim showing the sum due at the time of the
notice and the date when the sum became due;

(II) A brief and general description of the personal property subject to the lien. Such

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description shall be reasonably adequate to permit the person notified to identify such
property; except that any container including, but not limited to, a trunk, valise, or box that
is locked, fastened, sealed, or tied in a manner which deters immediate access to its
contents may be described as such without describing its contents.

(III) A notification of denial of access to the personal property, if such denial is permitted
under the terms of the rental agreement, which notification shall provide the name, street
address, and telephone number of the owner or his designated agent whom the occupant
may contact to respond to such notification;

(IV) A demand for payment within a specified time not less than fifteen days after delivery
of the notice;

(V) A conspicuous statement that, unless the claim is paid within the time stated in the
notice, the personal property will be advertised for sale or other disposition and will be sold
or otherwise disposed of at a specified time and place.

(d) If the owner sends notice of a pending sale of property to the occupant's last-known e-
mail address and does not receive a response, return receipt, or delivery confirmation from
the same e-mail address, the owner must send notice of the sale to the occupant by verified
mail to the occupant's last-known postal address before proceeding with the sale.

(e) (I) After the expiration of the time given in the notice, the owner shall advertise the sale
of the personal property either by:

(A) Publishing an advertisement of the sale once a week for two consecutive weeks in a
periodical that circulates weekly or more frequently in the county where the self-service
storage facility is located; or

(B) Advertising the sale in any other commercially reasonable manner. The manner of
advertisement is deemed commercially reasonable if at least three independent bidders
attend the sale at the time and place advertised.

(II) As used in this paragraph (e), "independent bidder" means a bidder who is not related
to and who has no controlling interest in, or common pecuniary interest with, the owner or
any other bidder.

(f) (Deleted by amendment, L. 2011, (SB 11-039), ch. 92, p. 272, § 2, effective August 10,
2011.)

(g) (I) Any sale or other disposition of the personal property must be held at the self-service
storage facility or at the nearest suitable place to where the personal property is held or
stored.

(II) If the property upon which the lien is claimed is a vehicle or watercraft, and rent and
other charges related to the property remain unpaid or unsatisfied for sixty days:

(A) The owner may have the property towed from the self-service storage facility by an
independent towing carrier holding current and valid operating authority from the Colorado
public utilities commission; and

(B) The owner is not liable for the property, or for any damages to the property, once the
towing carrier takes possession of the property.

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(III) The owner is not liable for identity theft or other harm resulting from the misuse of
information contained in documents or electronic storage media:

(A) That are part of the occupant's property sold or otherwise disposed of; and

(B) Of which the owner did not have actual knowledge.

(h) Before any sale or other disposition of personal property pursuant to this section, the
occupant may pay the amount necessary to satisfy the lien and the reasonable expenses
incurred under this section and thereby redeem the personal property. Upon receipt of such
payment, the owner shall return the personal property, and thereafter the owner shall have
no liability to any person with respect to such personal property.

(i) A purchaser in good faith of the personal property sold to satisfy a lien as provided in
this article takes the property free of any rights of persons against whom the lien was valid
and free of any rights of a secured creditor, despite noncompliance by the owner with the
requirements of this section.

(j) In the event of a sale under this section, the owner may satisfy his lien from the
proceeds of the sale, subject to the rights of any prior lienholder. The lien rights of such
prior lienholder are automatically transferred to the proceeds of the sale. If the sale is made
in good faith and is conducted in a reasonable manner, the owner shall not be subject to
any surcharge for a deficiency in the amount of a prior secured lien but shall hold the
balance, if any, for delivery to the occupant, lienholder, or other person in interest. If the
occupant, lienholder, or other person in interest does not claim the balance of the proceeds
within three years of the date of sale, it shall become the property of the owner without
further recourse by the occupant, lienholder, or other person in interest.

(k) Nothing in this section affects the rights and liabilities of the owner or the occupant if:

(I) The requirements of this article are not satisfied;

(II) The sale of the personal property is not in conformity with the notice of sale; or

(III) There is a willful violation of this article.

HISTORY: Source: L. 80: Entire article added, p. 701, § 1, effective July 1. L. 2011: IP(1),
(1)(b), (1)(d), (1)(e), (1)(f), (1)(g), and (1)(k) amended, (SB 11-039), ch. 92, p. 272, § 2,
effective August 10.

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C.R.S. 38-21.5-104 (Copy w/ Cite)
EXHIBIT 1d.
C.R.S. 38-21.5-104

COLORADO REVISED STATUTES

*** Current through all Laws passed and signed in the First Regular and First Extraordinary
Sessions of the 71st General Assembly (2017) ***

TITLE 38. PROPERTY - REAL AND PERSONAL


LIENS
ARTICLE 21.5. SELF-SERVICE STORAGE FACILITY LIENS

C.R.S. 38-21.5-104 (2017)

38-21.5-104. Notice posted in office

Each owner acting pursuant to this article shall keep posted in a prominent place in his
office at all times a notice which shall read as follows:

"All articles stored by a rental agreement, and charges not having been paid for thirty days,
will be sold or otherwise disposed of to pay charges."

HISTORY: Source: L. 80: Entire article added, p. 703, § 1, effective July 1.

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EXHIBIT B

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GATEWAY DEVELOPMENT GROUP
EXHIBIT C

MANAGEMENT BIOGRAPHIES

John Franzman
Principle Founder and Managing Member, Real Estate Development

John Franzman received a BA in Economics from Western State College of Colorado (1980)
and has 35 years experience in real estate management. John’s experience ranges from
purchase, fix and flip of residential properties, development of high end residences in Vail
Colorado, to ownership and management of office buildings, to construction and
management of numerous warehouse and industrial projects. John is responsible for all Real
Estate Development with Gateway Development, LLC. John spent the first twenty years of
his real estate management career as V. P. for Tamarack Properties, family-run business
which oversees numerous properties in Nevada, California, Idaho and Colorado. As
President of Tamarack Properties, John has expanded operations in Colorado to include
120,000 sq. ft. of office buildings, the development of and industrial warehouse operation,
and a variety of residential projects. In addition to his real estate operations at Tamarack
Properties, John also owns and manages the John Franzman American Family Insurance
Agency where he was one of the top producing agencies for Colorado over the past three
years.

_________________________________________________________________________

EXHIBIT D

James “Jamie” Mitchell is a 10 year real estate brokerage veteran specializing in


investment properties sales, including multi-family, retail, and office properties. Jamie has
represented landlords & buyers of shopping centers, single and multi-tenant nnn retail
investments, and other types of retail properties. He has also represented a wide variety
of national and local retail and restaurant tenants and investors including Concept
Restaurants, Dazbog Coffee, C-III Captial Partners, Banco Popular North America,
Cagan Management Group Inc, Legacy Capital Partners, and has completed hundreds
of millions of dollars in retail transactions throughout his career. Jamie also has
significant expertise in selling multi-family and hospitality properties throughout Colorado
and other states. He has completed numerous transactions, totaling over 1,500 units.
Clients include Residential Niche, Allante Properties and Cornerstone Real Estate
Advisors. With a passion for real estate investment, Jamie combines his skills and
experience as one of Denver’s leading commercial real estate brokerage advisors.

Page 16 of 17 MOTION TO DISMISS CASE NO 18C31775


EXHIBIT E-3
EXHIBIT E-4 Jan. 9, 2018 EXHIBIT E-2
Jan. 9, 2018 Jan. 3, 2018

EXHIBIT E6. TWO OIL SPOTS THAT PLAINTIFFS CLAIM COST


$400 TO CLEAN UP BUT WERE STILL ON PREMISES JAN. 31
AFTER COMPLAINT FILED. DEFENDANT WAS NEVER GIVEN
OPPORTUNITY TO CLEAN THE SPOTS. IT WOULD HAVE COST
$5.00 AND 15 MINUTES TO ACCOMPLISH.
EXHIBIT E-5

Jan. 12, 2018

Page 17 of 17 MOTION TO DISMISS CASE NO 18C31775