IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWAREIn re: Chapter 11Cordillera Golf Club, LLC, 1 Case No. 12-11893 (CSS) dba The Club at Cordillera, Ref Docket Nos. 119, 122 Debtor. NOTICE OF FILING EXHIBITS TO (A) DECLARATION OF DANIELL. FITCHETT, JR. IN SUPPORT OF THE DEBTORS OMNIBUS OBJECTION TO THE MOTIONS TO TRANSFER VENUE AND/OR RELATED JOINDERS FILED BY (I) CHERYL M. FOLEY, THOMAS WILNER, JANE WILNER, CHARLES JACKSON, MARY JACKSON AND KEVIN B. ALLEN, INDIVIDUALLY AND AS REPRESENTATIVES OF A CERTIFIED CLASS OF MEMBERS, (II) ALPINE BANK, AND (III) CORDILLERA PROPERTY OWNERS ASSOCIATION, INC. AND CORDILLERA METROPOLITAN DISTRICT AND (B) DECLARATION OF HAROLD BORDWIN IN SUPPORT OF AND JOINDER TO OBJECTION TO MOTION TO CHANGE VENUE PLEASE TAKE NOTICE THAT, on July 11, 2012, the above-captioned debtorand debtor in possession (the "Debtor"), filed the Declaration of DanielL. Fitchett, Jr. inSupport of the Debtors Omnibus Objection to the Motions to Transfer Venue and/or RelatedJoinders Filed by (i) Cheryl M Foley, Thomas Wilner, Jane Wilner, Charles Jackson, MaryJackson and Kevin B. Allen, Individually and as Representatives of a Certified Class ofMembers, (ii) Alpine Bank, and (iii) Cordillera Property Owners Association, Inc. andCordillera Metropolitan District [Docket No. 119] (the "Fitchett Declaration") and theDeclaration of Harold Bordwin in Support of and Joinder to Objection to Motion to ChangeVenue [Docket No. 122] (the "Bordwin Declaration" and together with the Fitchett Declaration,the "Declarations").1 The Debtor in this chapter 11 case, and the last four digits of its employer tax identification number, is: XX-XXX1317. The corporate headquarters address for the Debtor is 97 Main Street, Suite E202, Edwards, CO 81632.01:11746352.1 066956.100
PLEASE TAKE FURTHER NOTICE THAT, the Declarations each madereference to certain curricula vitae, which were inadvertently not attached as exhibits to theDeclarations. PLEASE TAKE FURTHER NOTICE THAT the curriculum vitae for the FitchettDeclaration is attached hereto as Exhibit 1 and that the curriculum vitae for the BordwinDeclaration is attached hereto as Exhibit 2.Dated: Wilmington, Delaware FOLEY & LARDNER LLP July 11,2012 Christopher Celentino Erika Morabito Mikel Bistrow Admitted Pro Hac Vice 402 West Broadway, Suite 2100 San Diego, California 92101 Telephone: (619) 234-6655 Facsimile: (619) 234-3510 -and- YOUNG CONAWAY STARGATT & TAYLOR, LLP Is/ Donald J Bowman Jr. Michael R. Nestor (No. 3526) Joseph M. Barry (No. 4221) Donald J. Bowman, Jr. (No. 4383) Justin P. Duda (No. 5478) Rodney Square 1000 N. King Street Wilmington, Delaware 19801 Telephone: (302) 571-6600 Facsimile: (302) 571-1253 Proposed Counsel for Debtor and Debtor in Possession 201: 11746352.1 066956.100
Exhibit 1 Exhibit A to Fitchett Declaration01: 11746352.1 066956.100
Daniel L. Fitchett, Jr. 0) 970-569-6412- M) 970-471-1208 Summer 2012Dan Fitchett is the CEO of the Clubs of Cordillera and has devoted his energy tostabilizing the club operations for the current summer golf season. This includesthe golf course operation, food and beverage, and pro-shop of the Valley Course.This also includes the care and maintenance of the other three courses andfacilities which are not currently operating.Prior to his association with Cordillera he was a principal partner of Eagle ResortDevelopment, LLC. Eagle Resort Development is an entity with experience inreal estate development, marketing and sales, and resort construction.Recently, Dan developed two projects in Mt. Crested Butte. The first, WestWallLodge, a 44 unit luxury residence condominium project, with ski-in/ski-outaccess, unsurpassed views, a private Alpine Club, and a host of amenities thatare unmatched in the area. The most current project is Wildhorse at Prospect anenclave community within the prestigious Prospect subdivision. Thirty luxury ski-homes have already been delivered. Under Dans guidance, a propertymanagement division (Eagle Resort Management) acts as care taker and rentalagent for almost $1 00 million worth of real estate.Prior to his development activities in Mt. Crested Butte, Dan was managingbroker for Forbes Real Estate Group now Forbes Sothebys International Realty,a Beaver Creek Resort brokerage company. Under Dans leadership, thecompany grew from a long term association with Kraig Forbes to 3 offices and 25brokers. As the development activities in Crested Butte grew and required moretime, Dan left Forbes to devote full-time to Eagle Resort Development.Previous to his activities in Crested Butte, Dan developed a spec home in BeaverCreek Resort, approximately 250 homes in River Valley Ranch (a Gerald HinesDevelopment in Carbondale, CO) and 51uxury homes in Wildridge, Avon CO.As President and General Manager of Falcon Resort Development, Inc. inBeaver Creek Resort, Dan completed Elkhorn Lodge, a ski out/ski in $44 millionluxury condominium project of 52 residences in Beaver Creek Resort. Prior tothis time, he was Vice President of the Vail Associates Real Estate division of theVail and Beaver Creek Resorts, where he directed the corporate real estateincluding the activities of 40 realtors in six offices. Dan served on the ExecutiveBoard of Vail Associates, Inc., managed the sale of corporate real estate andland to real estate developers, and was involved with such acquisitions as
Arrowhead, the Pines Lodge, Shearson Lehmanns SaddleRidge Lodge inBeaver Creek, and the P.U.D. revision for Beaver Creek Resort.Dan joined Cushman & Wakefield as Vice President and Branch Manager inNovember 1986 and in 1989, he assumed the position of Vice President of theCushman & Wakefield Financial Services Group in Arizona. Responsibilitiesincluded establishing four operating departments, commercial brokerage,property management, appraisal, and financial services.Before joining Cushman & Wakefield, Dan was an operating partner with LincolnProperty Company, a diversified real estate development firm with projectsvalued in excess of $7 billion in 97 U.S. cities and foreign countries. He formedtheir Colorado Commercial Development operations, directing its growth toinclude the development of 1.3 million square feet of industrial warehouse, R &D, and office showroom space. In addition, he was responsible for the purchaseof a 223-acre business park, improved it with $12 million infrastructure, andobtained zoning for 6.5 million square feet of development.From 1975 to 1981, Dan was president of a Denver real estate company involvedwith development, commercial brokerage, residential brokerage, and propertymanagement. During this time, the operation expanded from 25 to 250employees. He developed, negotiated financing, and leased a 500,000 squarefoot downtown office building in which a 50% interest was sold to MetropolitanLife Insurance Company. Dan also developed a 168-unit high rise condominiumin downtown Denver, purchased a 435,000 square foot office building, managedits $10 million renovation, and developed an 110,000 square foot shoppingcenter.Dan located in Denver in 1972 with Coldwell Bankers commercial real estatedivision as vice president and resident manager of the new regional office. Hewas responsible for establishing the office, staffing the operation, directingtraining programs, and supervising the completion of permanent office facilities.While in this position, he was involved in the sale, leasing, and management ofall types of commercial property.Prior to relocating in Denver, Dan was sales manager of the Phoenix and Tucsonoffices of Coldwell Banker Commercial Brokerage.A graduate of the University of Arizona with a Bachelors Degree in Business,Dan also attended the University of Arizona Law School.Dan has been an active civic and business participant in Denver, Phoenix, andthe Vail area. In Denver, he was a board member and officer of several groupsincluding Downtown Denver, Inc., the Denver Boys Club, and the DenverAthletic Club. As president of the Denver Athletic Club, he was instrumental inthe $5.2 million expansion of the club facility, accomplished a $500,000 retrofit of
the facility, construction of a 306-car parking structure, and negotiated the sale of62,500 square feet of historic air rights, in addition to obtaining all necessarygovernment approvals. He was active in the Denver Country Club, the MetroDenver Executive Club, and the Denver Chamber of Commerce.In Phoenix, he was involved with the Phoenix Chamber of Commerce, theGreater Phoenix Partnership, Inc., Valley Partnership, and the PhoenixCommunity Alliance.Dan has been a guest speaker for various real estate organizations in Coloradoand in Arizona. An established, member of the Urban Land Institute, he hasserved on its Development Infrastructure & Services Council and was on theResort Development Council. In Vail, he held a membership in the Beaver CreekProperty Owners Association and was on that board from 2007 to 2010. He hasalso served on the Vail Board of Realtors Ethics Committee, the Eagle CountyLeadership Coalition, Colorado Ski Country USA, Crested Butte Country Club,and was a member of the Beaver Creek Club.
Exhibit 2 Exhibit 1 to Bordwin Declaration01:12277320.1
HAROLD J. BORDWIN ~ Background • Harold is Co-President, GA-Keen Realty Advisors, a division of Great American Group. • Harold focuses on developing and implementing strategic real estate plans for his clients. Those plans involve real estate analysis, real estate acquisitions and dispositions, lease-related services, including negotiation, modification and termination of leases, and real estate financing and sale/leaseback services. ~ Professional and Industry Experience • With over 20 years of real estate advisory and transactional experience, Harold has negotiated the saleHAROLD J. BORDWIN of hundreds of properties, leaseholds and businesses nationwide and provided real estate capitalGA Keen Realty Advisors markets services, specialized valuation services, and in-depth real estate workout services. • As a recognized expert on real estate restructuring issues, Harold has testified as an expert before theMain: 646-381-9222 Judiciary Committee of the United States House of Representatives. He has also been interviewed andDirect: 646-381-9201 quoted in articles for The Wall Street Journal, The New York Times, USA TODAY and various tradeCell: 914-980-8555 firstname.lastname@example.org • Prior to joining GA Keen Realty Advisors, Harold was a Principal with KPMG LLP; a ManagingEducation, Licenses & Certifications Director with KPMG Corporate Finance; CEO of Keen Consultants; and an associate with the law• BA, Wesleyan University, firms of Stroock & Stroock & Lavan, and McKenna, Conner & Cuneo Middletown, Connecticut• JD, Georgetown University Law ~ Representative Clients Center, Washington, DC• General Securities Representative Financial Clients: Corporate Clients: Retail Clients: (Series 7) • Angelo Gordon • Arthur Anderson • Blockbuster• Registered Principal (Series 24) • Bank of America • Cable & Wireless • Casual Male• Securities Agent (Series 63) • Citibank • Family Golf Centers • Dollar General• Investment Banking Representative • JP Morgan Chase • Fleming • Foot Locker (Series 79) • Silverpoint • Spiegel • Tommy Hilfiger• Real Estate Broker • Wachovia • Wamaco • U-Haul Bondholders 7 www.greatamerican.com/keen (646) 381-9222 I A DIVISION OF GREAT AMERICAN GROUP