Mikulas Investments Llc v. Colonial Management Group LP

MOTION for Summary Judgment

D. Colo.June 30, 2017

Case 1:16-cv-02874-RPM Document 24 Filed 06/30/17 USDC Colorado Page 1 of 17 Case 1:16-cv-02874-RPM Document 24 Filed 06/30/17 USDC Colorado Page 2 of 17 Case 1:16-cv-02874-RPM Document 24 Filed 06/30/17 USDC Colorado Page 3 of 17 Case 1:16-cv-02874-RPM Document 24 Filed 06/30/17 USDC Colorado Page 4 of 17 Case 1:16-cv-02874-RPM Document 24 Filed 06/30/17 USDC Colorado Page 5 of 17 Case 1:16-cv-02874-RPM Document 24 Filed 06/30/17 USDC Colorado Page 6 of 17 Case 1:16-cv-02874-RPM Document 24 Filed 06/30/17 USDC Colorado Page 7 of 17 Case 1:16-cv-02874-RPM Document 24 Filed 06/30/17 USDC Colorado Page 8 of 17 Case 1:16-cv-02874-RPM Document 24 Filed 06/30/17 USDC Colorado Page 9 of 17 Case 1:16-cv-02874-RPM Document 24 Filed 06/30/17 USDC Colorado Page 10 of 17 Case 1:16-cv-02874-RPM Document 24 Filed 06/30/17 USDC Colorado Page 11 of 17 Case 1:16-cv-02874-RPM Document 24 Filed 06/30/17 USDC Colorado Page 12 of 17 Case 1:16-cv-02874-RPM Document 24 Filed 06/30/17 USDC Colorado Page 13 of 17 Case 1:16-cv-02874-RPM Document 24 Filed 06/30/17 USDC Colorado Page 14 of 17 Case 1:16-cv-02874-RPM Document 24 Filed 06/30/17 USDC Colorado Page 15 of 17 Case 1:16-cv-02874-RPM Document 24 Filed 06/30/17 USDC Colorado Page 16 of 17 Case 1:16-cv-02874-RPM Document 24 Filed 06/30/17 USDC Colorado Page 17 of 17 Case 1:16-cv-02874-RPM Document 24-1 Filed 06/30/17 USDC Colorado Page 1 of 6 Case 1:16-cv-02874-RPM Document 24-1 Filed 06/30/17 USDC Colorado Page 2 of 6 Case 1:16-cv-02874-RPM Document 24-1 Filed 06/30/17 USDC Colorado Page 3 of 6 Case 1:16-cv-02874-RPM Document 24-1 Filed 06/30/17 USDC Colorado Page 4 of 6 Case 1:16-cv-02874-RPM Document 24-1 Filed 06/30/17 USDC Colorado Page 5 of 6 Case 1:16-cv-02874-RPM Document 24-1 Filed 06/30/17 USDC Colorado Page 6 of 6 Case 1:16-cv-02874-RPM Document 24-2 Filed 06/30/17 USDC Colorado Page 1 of 2 Case 1:16-cv-02874-RPM Document 24-2 Filed 06/30/17 USDC Colorado Page 2 of 2 Case 1:16-cv-02874-RPM Document 24-3 Filed 06/30/17 USDC Colorado Page 1 of 25 Case 1:16-cv-02874-RPM Document 24-3 Filed 06/30/17 USDC Colorado Page 2 of 25 Case 1:16-cv-02874-RPM Document 24-3 Filed 06/30/17 USDC Colorado Page 3 of 25 Case 1:16-cv-02874-RPM Document 24-3 Filed 06/30/17 USDC Colorado Page 4 of 25 Case 1:16-cv-02874-RPM Document 24-3 Filed 06/30/17 USDC Colorado Page 5 of 25 Case 1:16-cv-02874-RPM Document 24-3 Filed 06/30/17 USDC Colorado Page 6 of 25 Case 1:16-cv-02874-RPM Document 24-3 Filed 06/30/17 USDC Colorado Page 7 of 25 Case 1:16-cv-02874-RPM Document 24-3 Filed 06/30/17 USDC Colorado Page 8 of 25 Case 1:16-cv-02874-RPM Document 24-3 Filed 06/30/17 USDC Colorado Page 9 of 25 Case 1:16-cv-02874-RPM Document 24-3 Filed 06/30/17 USDC Colorado Page 10 of 25 Case 1:16-cv-02874-RPM Document 24-3 Filed 06/30/17 USDC Colorado Page 11 of 25 Case 1:16-cv-02874-RPM Document 24-3 Filed 06/30/17 USDC Colorado Page 12 of 25 Case 1:16-cv-02874-RPM Document 24-3 Filed 06/30/17 USDC Colorado Page 13 of 25 Case 1:16-cv-02874-RPM Document 24-3 Filed 06/30/17 USDC Colorado Page 14 of 25 Case 1:16-cv-02874-RPM Document 24-3 Filed 06/30/17 USDC Colorado Page 15 of 25 Case 1:16-cv-02874-RPM Document 24-3 Filed 06/30/17 USDC Colorado Page 16 of 25 Case 1:16-cv-02874-RPM Document 24-3 Filed 06/30/17 USDC Colorado Page 17 of 25 Case 1:16-cv-02874-RPM Document 24-3 Filed 06/30/17 USDC Colorado Page 18 of 25 Case 1:16-cv-02874-RPM Document 24-3 Filed 06/30/17 USDC Colorado Page 19 of 25 Case 1:16-cv-02874-RPM Document 24-3 Filed 06/30/17 USDC Colorado Page 20 of 25 Case 1:16-cv-02874-RPM Document 24-3 Filed 06/30/17 USDC Colorado Page 21 of 25 Case 1:16-cv-02874-RPM Document 24-3 Filed 06/30/17 USDC Colorado Page 22 of 25 Case 1:16-cv-02874-RPM Document 24-3 Filed 06/30/17 USDC Colorado Page 23 of 25 Case 1:16-cv-02874-RPM Document 24-3 Filed 06/30/17 USDC Colorado Page 24 of 25 Case 1:16-cv-02874-RPM Document 24-3 Filed 06/30/17 USDC Colorado Page 25 of 25 Case 1:16-cv-02874-RPM Document 24-4 Filed 06/30/17 USDC Colorado Page 1 of 3 Case 1:16-cv-02874-RPM Document 24-4 Filed 06/30/17 USDC Colorado Page 2 of 3 Case 1:16-cv-02874-RPM Document 24-4 Filed 06/30/17 USDC Colorado Page 3 of 3 1 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 2 Civil Action No. 1:16-cv-02874-RPM 3 ______________________________________________________ 4 RULE 30(b)(6) DEPOSITION OF ROBERT F. MIKULAS 5 May 19, 2017 Mikulas Investments, LLC 6 ______________________________________________________ 7 MIKULAS INVESTMENTS, LLC, a Colorado limited liability company, 8 Plaintiff, 9 v. 10 COLONIAL MANAGEMENT GROUP, L.P., a Delaware 11 limited partnership, 12 Defendant. ______________________________________________________ 13 14 PURSUANT TO NOTICE, the Rule 30(b(6) deposition of ROBERT F. MIKULAS was taken on behalf of 15 the Defendant at 1225 17th Street, Suite 2200, Denver, Colorado 80202, on May 19, 2017, at 10:00 a.m., before 16 Teresa Coogle, Registered Professional Reporter, Certified Realtime Reporter, and Notary Public within 17 Colorado. 18 19 20 21 22 23 24 25 !=E@B (0?=@B7;4. $04,9 *7/0=4@,?5G. ,;/ *7/0=-=;20@0;-7;4 "0)/&,+!&(-/% #)$* 6;61%671&/44 %;;1&7&1%'/; 9991)8.5$2($+351"0- 3")$#8,+.(!)8.5$2($+351"0-"0;F0@. !& 1HDHC +=E@ ',@B;0@ 7; %,87;4 B50 (0-=@/ >HD3 Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 1 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. 1 (Pages 1 to 4) 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:16-cv-02874-RPM ______________________________________________________ RULE 30(b)(6) DEPOSITION OF ROBERT F. MIKULAS May 19, 2017 Mikulas Investments, LLC ______________________________________________________ MIKULAS INVESTMENTS, LLC, a Colorado limited liability company, Plaintiff, v. COLONIAL MANAGEMENT GROUP, L.P., a Delaware limited partnership, Defendant. ______________________________________________________ PURSUANT TO NOTICE, the Rule 30(b(6) deposition of ROBERT F. MIKULAS was taken on behalf of the Defendant at 1225 17th Street, Suite 2200, Denver, Colorado 80202, on May 19, 2017, at 10:00 a.m., before Teresa Coogle, Registered Professional Reporter, Certified Realtime Reporter, and Notary Public within Colorado. 2 A P P E A R A N C E S For the Plaintiff: GREGORY PELTON, ESQ. Law Offices of Gregory Pelton, LLC 102 South Tejon Street, Suite 1100 Colorado Springs, Colorado 80903 For the Defendant: CHRISTOPHER J. DAWES, ESQ. Fox Rothschild, LLP 1225 17th Street, Suite 2200 Denver, Colorado 80202 3 I N D E X EXAMINATION OF ROBERT F. MIKULAS: PAGE May 19, 2017 By Mr. Dawes 4 INITIAL DEPOSITION EXHIBITS: REFERENCE Exhibit 1 Notice of Deposition of 18 Plaintiff Pursuant To Fed.R.Civ.P. 30(B)(6) Exhibit 2 Dublin Pediatric Office Plans 21 Exhibit 3 Plans 24 Exhibit 4 LoopNet Listing 34 Exhibit 5 Letter to Mt. View Medical 37 Group, LLP, from Mikulas 3/25/14, with attachments Exhibit 6 Colonial Management Group, L.P., 45 Lease Agreement Exhibit 7 Colonial Management Group, L.P., 50 Construction Documents Exhibit 8 Colorado CapEx Detail 50 Exhibit 9 LoopNet Listing 57 Exhibit 10 LoopNet Listing 62 Exhibit 11 Letter to Mikulas from Dawes, 67 8/29/16, Re: Notice of Termination of Lease Exhibit 12 Century 21 Top Realty Group Listing 69 Exhibit 13 Photographs 71 4 1 WHEREUPON, the following proceedings were 2 taken pursuant to the Federal Rules of Civil 3 Procedure. 4 * * * * * 5 ROBERT F. MIKULAS, 6 having been first duly sworn to state the whole truth, 7 testified as follows: 8 (Deponent's Response: I do.) 9 EXAMINATION 10 BY MR. DAWES: 11 Q. Would you state your name for the record, 12 please. 13 A. Robert F. Mikulas. 14 Q. And your business and home address? 15 A. My business address is P.O. Box 1771, 16 Monument, Colorado. My Zip is 80132. Home address is 17 460 Kings Deer Point, Monument, Colorado 80132. 18 Q. So, Mr. Mikulas, my name is Chris Dawes. 19 We just met this morning. I represent the defendant 20 in this case, Colonial Management. Have you had your 21 deposition taken before? 22 A. No. 23 Q. Okay. I'm sure your counsel talked to 24 you about kind of what a deposition is, but let me go 25 over a couple of the basic ground rules for you this Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 2 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. 2 (Pages 5 to 8) 5 1 morning. 2 A deposition is a formal 3 question-and-answer session where you'll be answering 4 my questions today under oath. Do you understand 5 that? 6 A. Yes. 7 Q. Okay. During the course of today's 8 deposition, if you need to take a break, use the 9 rest room, whatever the case may be, I'm glad to 10 accommodate you with the caveat I may want to conclude 11 a line of questioning before we take that break, okay? 12 A. Yes. 13 Q. I would ask you to go ahead and answer 14 the questions verbally, which you're doing a good job 15 of thus far, so our court reporter can take it down. 16 Head nods, um-hums, things like that don't translate 17 very well. Okay? 18 A. Okay. 19 Q. If for any reason you don't understand 20 one of my questions or you need me to rephrase my 21 question, would you agree to go ahead and let me know? 22 A. Yes. 23 Q. Otherwise, I'll assume you understood the 24 question when you answer it. Fair enough? 25 A. Yes. 6 1 Q. Okay. All right. How long -- the 2 property in controversy here is 192 Front Street in 3 Monument, correct? 4 A. Correct. 5 Q. And so if we talk about the property 6 throughout the day, we'll understand we're talking 7 about that property, right? 8 A. Yes. 9 Q. How long have you or -- well, it's your 10 company that owns the property, correct? 11 A. Correct. 12 Q. It's Mikulas Investments, LLC? 13 A. Yes. 14 Q. Are you the sole member and manager of 15 Mikulas Investments? 16 A. It is myself and my wife. 17 Q. And for how long has Mikulas Investments 18 been in existence? 19 A. Since we've owned the property, which has 20 been 1998, I believe, somewhere in that time frame. 21 Q. Okay. All right. And from -- do you 22 recall who you acquired the property from? 23 A. The U.S. Postal Service. 24 Q. Okay. And there was a time where one of 25 your companies was the occupant of the property, 7 1 correct? 2 A. That is correct. 3 Q. All right. And that spanned from when to 4 when? 5 A. Right after we acquired the property 6 until CMG leased the property. 7 Q. Okay. So in '98 -- I may not have asked 8 a very good question there. You acquired the property 9 in 1998 from the U.S. Post Office? 10 A. Correct. 11 Q. And one of your companies, some kind of 12 lawn and garden company or marketing company; is that 13 right? 14 A. Correct. 15 Q. Occupied the property? 16 A. Part of the property. 17 Q. Part of the property. All right. How 18 much of the property -- well, let's step back. What 19 was the name of your business? 20 A. The formal name of our business is the 21 National Lawn & Garden Resource Group, Inc. 22 Q. That's a long name. What do you call 23 that business yourself? 24 A. We're doing business as the National Lawn 25 & Garden Show. 8 1 Q. So if we talk about the show, we'll be on 2 the same page today? 3 A. Correct. 4 Q. All right. So the show entity occupied 5 the space from 1998 up to 2015 or at least a portion 6 of it? 7 A. Correct. 8 Q. Which portion of it did it occupy? 9 A. The east side of the building. 10 Q. Okay. And how much in square footage? 11 A. Approximately 1800 square feet. 12 Q. And did that ever change? 13 A. No. 14 Q. Okay. And that was just office space? 15 A. Correct. 16 Q. How many people were working out of that 17 space? 18 A. At one time, we had about seven; but in 19 the last five years, three, four tops. 20 Q. Okay. Are you still running the show 21 business? 22 A. Yes. 23 Q. Okay. And how long have you been in that 24 business? 25 A. 20 -- 23 years. Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 3 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. 3 (Pages 9 to 12) 9 1 Q. Okay. What did you do before you were in 2 that business? 3 A. Before that business, I had a lawn and 4 garden manufacturing company. 5 Q. What was that called? 6 A. Alternative Ground Covers, Incorporated. 7 Q. Was that also in Monument? 8 A. Yes. Actually, our physical -- our 9 address was a P.O. Box in Colorado Springs, but it was 10 managed out of Palmer Lake, Colorado. 11 Q. Okay. And how long were you in that 12 business for? 13 A. To the best of my recollection, about 14 five years. 15 Q. Okay. Have you been in any other 16 businesses in your adult life other than what you've 17 described? 18 A. Prior to Alternative Ground Covers -- 19 well, not as an owner, no. 20 Q. Okay. Did you work for somebody else for 21 a time? 22 A. Yes. 23 Q. And what was that? 24 A. Previous to that was with a laboratory, a 25 clinical laboratory, testing laboratory based out of 10 1 Denver. I was a sales rep for that company. 2 Q. Okay. 3 A. Prior to that, I worked for the 4 government. 5 Q. Okay. Do you have other commercial real 6 estate holdings? 7 A. Yes. 8 Q. All right. And what are those? 9 A. Offices. 10 Q. Okay. In Monument or where? 11 A. Monument. 12 Q. And where are those offices? 13 A. 273 Washington Street. 14 Q. Okay. And what kind of office space are 15 we talking about? 16 A. Clarify. 17 Q. Yeah. How much square footage or number 18 of offices? 19 A. 800 square foot. It's an old -- it's 20 actually an old house. 21 Q. All right. Any other commercial 22 properties? 23 A. No. 24 Q. All right. How was it you came to buy 25 the U.S. Postal Service property? 11 1 A. We were leasing an office. And at that 2 time, that building came up for -- for sale, so we 3 decided to purchase it. 4 Q. Okay. And what was the -- what was the 5 tenant finish on the building when you acquired it? 6 A. What did it look like when I acquired it? 7 Q. Yes. 8 A. A typical post office. Large open area, 9 a couple of offices. 10 Q. Were there, like, postal slots or 11 lockers, that kind of stuff? 12 A. There was, you know, P.O. boxes and -- 13 yeah. 14 Q. And I assume you removed them all? 15 A. Dublin Pediatrics came in and did demo on 16 that side and did their tenant finish on that side of 17 the building. 18 Q. And how much -- what was the total square 19 footage of the postal service building? 20 A. 4851. 21 Q. Okay. So basically 13 -- you leased 22 about 2050 square feet to Dublin? 23 A. It depends if you take in common areas of 24 the bathrooms, which I can't remember what that square 25 footage is. I essentially had about 1700 square feet, 12 1 and they had the balance. 2 Q. Okay. You said before you had 1800, but 3 you think it's closer to 1700? 4 A. 17 or 1800. 5 Q. Okay. And who was your -- did you have a 6 primary point of contact at Dublin Pediatrics? 7 A. Yes, Melanie Kinlaw. She was the office 8 manager. 9 Q. And was that for the duration of their 10 tenancy? 11 A. No, Dublin Pediatrics was in the building 12 for approximately a two- to three-year period. And 13 then Mountain View Medical Group acquired that 14 practice and took over the lease. 15 Q. And so was that acquisition by 16 Mountain View around 2001? 17 A. Approximately, yes. To the best of my 18 recollection. It's been a while. 19 Q. Okay. And who was your primary contact 20 after Mountain View's acquisition? 21 A. Melanie. 22 Q. Melanie remained with the practice? 23 A. No, there was another office manager with 24 Dublin Pediatrics. I can't remember her name. Her 25 first name, I know, was Debbie. Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 4 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. 4 (Pages 13 to 16) 13 1 Q. Okay. And so how would you describe the 2 tenant finish that Dublin installed into the 3000, 3 plus or minus, feet it rented from you? 4 A. They had a variety -- I would -- I'm just 5 trying to remember based on the plans, but they had 6 seven or eight exam rooms with water, sewer, 7 cabinetry. They had a formal laboratory. They had a 8 waiting area. They had a reception area. They had a 9 large work space for the employees. And they also had 10 an office -- offices for the doctors. They had a 11 storage room with a large water heater in it. They 12 had a kitchen. I'd have to look at the plans for 13 anything else. 14 Q. Okay. And we may look at them here in a 15 little bit. And did you, as the landlord, approve 16 their tenant finish? 17 A. Yes. 18 Q. And when Mountain View acquired Dublin, 19 were there any changes in the tenant finish? 20 A. My only recollection of any changes were 21 in our lease. We had a -- a dollar amount for 22 upgrades, which took place -- I can't remember what -- 23 it was in the interrogatories when that was -- when 24 that was done. And that was pretty minimal. 25 Q. Okay. So when Dublin acquired -- Dublin 14 1 assumed the lease, correct? 2 A. No. 3 Q. Okay. 4 A. Mountain View. 5 Q. Excuse me. Mountain View assumed the 6 lease? 7 A. Correct. 8 Q. And they got a tenant finish credit -- 9 A. Correct. 10 Q. -- as part of that? 11 A. Correct. 12 Q. And do you recollect how the tenant 13 finish credit was actually expended? 14 A. Yes. 15 Q. How so? 16 A. They re -- essentially repainted part of 17 their side and also recarpeted part of their side. 18 Q. Was there anything else? 19 A. Not that I can recall. 20 Q. And that would have been done around 21 2001? 22 A. No, that probably took place 23 approximately maybe 2009, 2010, maybe. 24 Q. Okay. Was that -- and, I'm sorry, I 25 misunderstood your testimony. The tenant finish 15 1 credit, did that -- that was provided in connection 2 with exercise of an option? 3 A. No. 4 Q. Okay. Why in 2009 or 2010 did they get a 5 tenant finish credit? 6 A. It was specified in the lease. 7 Q. Okay. That at such a -- and at that 8 point, the lease was around its tenth or eleventh, 9 twelfth year, something like that? 10 A. Correct. And it was written in the lease 11 that they had that option -- to exercise that option 12 by a certain date, whatever that date was. 13 Q. Okay. All right. Other than doing some 14 recarpeting and repainting, did the tenant finish 15 remain the same from 1998 up until 2015? 16 A. Yes. 17 Q. And how about on the 17- or 1800 square 18 feet that show rented from Mikulas Investment, how 19 would you describe its tenant finish? 20 A. There were -- was one storage room, one 21 large conference room, and one, two, three, four -- 22 six cubicles for -- for salespeople. And we had 23 another private office. We had three -- three private 24 offices and then another large office for -- for some 25 staff. 16 1 Q. Okay. And was that tenant finish 2 basically the same from 1998 up until 2015? 3 A. Yes. 4 Q. Okay. All right. Any prior litigation 5 experience as a party, personally or through Mikulas 6 Investments or any other entity, in which you have an 7 interest? 8 A. We had litigation back in '94, '95. 9 Q. What was that in general terms? 10 A. We had a partner in the National Lawn & 11 Garden Show, and he had claimed more ownership in the 12 business than -- 13 Q. Okay. 14 A. So -- 15 Q. Was that here in Colorado? 16 A. Yes. 17 Q. All right. So did the show actually have 18 a lease agreement with Mikulas Investments? 19 A. Nothing formally written. 20 Q. Okay. You just -- there was -- I mean, 21 you're basically negotiating with yourself, right? 22 A. Correct. 23 Q. And there was a lease, however, with 24 Dublin and Mountain View, correct? 25 A. Correct. Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 5 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. 5 (Pages 17 to 20) 17 1 Q. All right. And who prepared that lease? 2 A. I believe our agent did. 3 Q. Okay. Do you actually know that or -- 4 the way you answered that it makes it sound like it's 5 a bit of an assumption. 6 A. It is an assumption. To the best of my 7 recollection, it was the agent. 8 Q. Do you recall who the agent was? 9 A. Mark Useman. 10 Q. How is Useman spelled? Do you remember? 11 A. U-s-e-m-a-n. 12 Q. Okay. Were there any -- during the 13 course of your ownership of the property from '98 up 14 until 2015, were there any problems with the property? 15 MR. PELTON: Object to the form. 16 Q. (BY MR. DAWES) Roof leaks? Foundation 17 movement? Any kind of problems? 18 A. Nothing specific. We did replace the 19 roof because of hail damage. 20 Q. Okay. Anything else? 21 A. Not to my recollection. 22 Q. Okay. So how did it come to pass that 23 Mountain View left the premises? 24 A. Their lease was over. 25 Q. Okay. Was there -- were there 18 1 negotiations for them to remain in the space? 2 A. Yes. 3 Q. Okay. And who were those negotiations 4 between? 5 A. Strictly myself and Melanie and then her 6 supervisor. 7 Q. Do you recall who that was? 8 A. I do not. 9 Q. It was a doc? 10 A. Excuse me? 11 Q. Was it a doc? 12 A. No. 13 Q. All right. And how did the negotiations 14 break down? 15 A. Well, they didn't really break down. 16 They just decided to move to another building that was 17 in another part of town, a brand-new building that was 18 being built. 19 Q. Okay. 20 (Deposition Exhibit 1 was marked.) 21 Q. Mr. Mikulas, I'm going to hand you what 22 I've marked as Deposition Exhibit 1. Do you recognize 23 Exhibit 1? 24 A. Yes. 25 Q. All right. And you've looked at this 19 1 prior to today, am I right? 2 A. Yes. 3 Q. All right. And this is a notice of 4 deposition that denotes various topics on which the 5 defendant has sought testimony from a corporate 6 representative of Mikulas Investments. Do you 7 understand that? 8 A. Yes. 9 Q. All right. And so starting on the -- I 10 guess the fourth page, there are topics. Do you see 11 where it's Roman II, Designated Topics? 12 A. Yes. 13 Q. And you are, in fact, the representative 14 of Mikulas Investments to testify on each of these 15 topics, correct? 16 A. Yes. 17 Q. What, if anything, did you do to prepare 18 for your testimony as a 30(b)(6) representative today? 19 A. Just reviewed, you know, the issues of 20 the case, reviewed the property and all -- everything 21 that was requested to discuss in the deposition. 22 Q. Okay. Was there anyone you met with in 23 order to prep for today's deposition? 24 A. Only my attorney. 25 Q. Okay. Is there anyone else on -- I 20 1 understand that there are others who have an ownership 2 stake in Mikulas Investments, correct? 3 A. Correct. 4 Q. Was there anyone else involved in the 5 operations of Mikulas Investments? 6 A. No. 7 Q. All right. So when it comes time for 8 collecting rent, when it comes time for leasing the 9 property, dealing with brokers, any of those things, 10 it's exclusively you dealing with those issues, 11 correct? 12 A. Correct. 13 Q. All right. So I'm not interested in what 14 you talked about with your counsel, but when you say 15 you reviewed the issues, what does that mean? Can you 16 describe that more specifically? 17 A. Just the questions that you wanted 18 answered, looking at the previous lease, the lease 19 with CMG, just that type of information. 20 Q. Okay. All right. Were there any 21 particular documents you looked at other than the 22 leases? 23 A. Not that I can recall, no. 24 Q. Okay. And was there -- other than 25 talking with your counsel, you didn't talk with anyone Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 6 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. 6 (Pages 21 to 24) 21 1 else in terms of preparing for your testimony? 2 A. No. My wife, I guess, but she's part of 3 the business. 4 Q. Okay. That's fine. 5 (Deposition Exhibit 2 was marked.) 6 Q. I'm going to next hand you what I'll mark 7 as Exhibit 2. Do you recognize Exhibit 2? 8 A. Yes. 9 Q. Okay. What are we looking at here? 10 A. We are looking at the plans for Dublin 11 Pediatrics when they leased the property. 12 Q. Okay. And these are -- I asked you 13 earlier about your approval of the plans as landlord. 14 These are the plans that were, in fact, approved? 15 A. They are approved. They were approved. 16 Q. Okay. 17 A. There is, I believe -- if I can look. 18 There is a modification of this plan of which I did 19 not get a copy of. 20 Q. Okay. Do you recollect what the 21 modification was? 22 A. Yes. 23 Q. Okay. And you've turned to a particular 24 page of Exhibit 2. Which page or which sheet are you 25 looking at? 22 1 A. One that says P1 on the lower right-hand 2 side. It's page 5, it looks like. 3 Q. Okay. All right. So this is one of the 4 plumbing sheets? 5 A. It does say Plumbing New Work Plan, but 6 what I want to reference is a wall that is there. 7 That is not really not there. 8 Q. Okay. 9 A. Actually, you can also look on the -- on 10 the page 2, if you want. You can see it as well 11 there. 12 Q. Well, let me do this. Just so -- bear 13 with me a moment. I'm going to hand you a green 14 highlighter, Mr. Mikulas, and maybe that will help 15 depict what you're talking about. If you could note 16 that and describe what you're noting. 17 A. This wall is not here. This entire area 18 is an open area, and that was the laboratory which 19 contained a sink and cabinetry all the way around and 20 an electrical drop-down in the middle. 21 Q. And you're looking at page 2 of 22 Exhibit 2; is that right? 23 A. That's correct. 24 Q. And then we also -- you can pick that up 25 on page 5, which is P1. 23 1 A. (Deponent complied.) 2 Q. Okay. So what you've noted on pages 2 3 and 5 of Exhibit 2 is basically a wall that was part 4 of the plans, but that wall was never actually 5 constructed, correct? 6 A. That is correct. 7 Q. All right. Other than that, is what we 8 see in Exhibit 2 reflective of what was improved and 9 remained in existence from 1998 up until 2015? 10 A. That is the floor plan, yes. 11 Q. Okay. Were there any other changes to 12 the floor plan that you're aware of? 13 A. Not on the Dublin Pediatrics side that I 14 can recall. 15 Q. Okay. Were there changes on your side? 16 A. No. 17 Q. Okay. All right. So did the -- just so 18 we're clear, from 1998 up until 2015, there were no 19 changes in the floor plan? 20 A. That is correct. 21 Q. Okay. All right. Were you actually 22 involved in preparing these plans at all, Exhibit 2? 23 A. No, I was not. 24 Q. Your involvement would have been the 25 extent of just approving them? 24 1 A. Correct. 2 Q. Did you care whether that wall was 3 constructed or not that you highlighted in green? 4 A. No. 5 (Deposition Exhibit 3 was marked.) 6 Q. Next, I'll hand you what I'll mark as 7 Exhibit 3. Do you recognize Exhibit 3? 8 A. Yes, I do. 9 Q. Okay. On page 1 of Exhibit 3, what are 10 we looking at there? 11 A. The cover page? 12 Q. The cover page, yes. 13 A. That is the outline of the building. 14 Q. Okay. 15 A. And the finish that's inside. 16 Q. Okay. And this is the -- is what we see 17 on page 1 consistent with the plans we just looked at 18 in Exhibit 2? 19 A. Yes, including that wall that is not 20 there. 21 Q. Okay. That's what I was going to say. 22 So when you say that, is the -- on what we're looking 23 at in Exhibit 3, is the wall shown as existing or not 24 existing? 25 A. It is shown as existing. Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 7 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. 7 (Pages 25 to 28) 25 1 Q. And if you would, go ahead and highlight 2 that just so we're on the same page. 3 A. (Deponent complied.) 4 Q. Do you know who prepared this schematic? 5 A. I do not. 6 Q. Now, what we're looking at here on 7 Exhibit 3, does this -- this depicts the Dublin 8 improvements as well as the show's improvements, or 9 no? 10 A. That is correct. 11 Q. All right. So if you would, if you would 12 take that highlighter, and would you just draw a box 13 around the space that the show occupied. 14 A. (Deponent complied). 15 Q. Okay. And when you said you had 16 mentioned there were some shared space between the two 17 -- two spaces, was that just limited to rest rooms, 18 really? 19 A. Yes. 20 Q. And then do you recognize the second page 21 of Exhibit 3? 22 A. Yes. 23 Q. Okay. What is that? 24 A. That is the modifications that CMG did. 25 Q. All right. And those were -- we'll look 26 1 at the plans later, but you approved the plans of CMG, 2 correct? 3 A. To the best of my recollection, I never 4 actually did approve the plans. I did see the plans, 5 but did not -- I do not recall approving the plans. 6 Q. Well, how did you see the plans? 7 A. From the contractor. 8 Q. Did you have interaction with the 9 contractor? 10 A. Yes. 11 Q. Okay. And who was the contractor? 12 A. BL Woods. Richard Cooney was the on-site 13 person. 14 Q. Okay. Was there anyone else you 15 interfaced with from BL Woods? 16 A. No. 17 Q. And what was your interaction with 18 Mr. Cooney? 19 A. Just periodically went over there to see 20 if he needed anything, if he had any questions about 21 the building. 22 Q. Okay. Did he? 23 A. Yes. 24 Q. Okay. What questions do you recall him 25 having? 27 1 A. Do you know where the water line comes? 2 Do you know where the gas line comes into the 3 building? Things like that. 4 Q. I assume that while Dublin and its 5 successor occupied the property, you were the property 6 manager; is that fair? 7 A. Correct. 8 Q. Okay. All right. Do you recall any 9 other discussions you had with Mr. Cooney? 10 A. I would periodically go over there maybe 11 every two weeks or so just to see how progress was, if 12 he had any additional questions. 13 Q. Okay. Now, the plans we're looking at on 14 Exhibit 3, those are actually part of the -- the 15 lease, am I right? And we can look at the lease in a 16 bit, but . . . 17 A. I believe they are, but I don't know for 18 sure. 19 Q. Okay. All right. So when you were 20 unable to reach a new agreement with your tenant on 21 the property, did you then put the property on the 22 market? 23 A. Yes. 24 Q. All right. And did you have a broker? 25 A. Yes. 28 1 Q. And who was your broker? 2 A. Todd Ogden. 3 Q. Okay. And was Mr. Ogden someone you had 4 worked with before? 5 A. No. 6 Q. Okay. And who was he with? 7 A. Hoff & Lee, H-o-f-f, & Lee. 8 Q. How did you select Mr. Ogden? 9 A. I was just aware of that organization and 10 company in Colorado Springs. 11 Q. Okay. And so when did the property go on 12 the market? 13 A. Let's see. Mountain View moved out in -- 14 I believe it was the end of November or December. I'm 15 not sure which. And I believe we put the property on 16 about that time. It was probably -- it was certainly 17 before Dublin -- or before Mountain View left. And 18 since I knew they left, we did start marketing the 19 product -- I mean, the building prior to that. 20 Q. You knew they were leaving, and you 21 started -- you put the property on the market before 22 they actually -- 23 A. Correct. 24 Q. -- physically vacated? 25 A. Correct. Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 8 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. 8 (Pages 29 to 32) 29 1 Q. Do you recollect how many showings you 2 had? 3 A. At that point in time? Well, I would 4 say, to the best of my knowledge, maybe four. 5 Q. Now, when the property was put on the 6 market through Mr. Ogden, was that for sale and for 7 lease? 8 A. Strictly lease. 9 Q. Just lease, okay. Was there ever a 10 desire to actually put the property up for sale? 11 A. No. 12 Q. Okay. Is it your intent to hold the 13 property for the foreseeable future? 14 A. Yes. 15 Q. Why is that? 16 A. I don't want to sell it. It's an asset. 17 Q. Okay. Were you present for any of the 18 showings back -- and I'm talking about when Mr. Ogden 19 had it listed. 20 A. I believe I was, yes. 21 Q. Okay. 22 A. But I can't -- I can't recall who they 23 were or when those showings took place. 24 Q. Okay. Do you recollect what kinds of 25 businesses they were? 30 1 A. No, I don't. 2 Q. Do you recollect anything about -- any 3 discussions about tenant finish, either planned or 4 what the existing finish was? 5 A. For any new tenant? 6 Q. Any of those showings. 7 A. No. 8 Q. When -- if I call them MV, we're on the 9 same page, your tenant? When MV left the building, 10 what was left? In other words, what did they take and 11 what did they leave? 12 A. Only their personal items, desks, chairs, 13 things like that. 14 Q. Okay. And what remained in terms of 15 fixtures and the like? 16 A. Essentially everything. Each exam room 17 had all of the cabinetry, all of the -- all the sinks 18 were in each of the exam rooms. The water heaters 19 were there. All of the cabinetry and laboratory items 20 were there. Tops -- you know, the laboratory tops, 21 all of the cabinetry in the doctors' offices, all of 22 the cabinetry in the work area, which are not shown on 23 any of these -- any of these schematics. All of the 24 kitchen items. They did take the refrigerator. 25 That's to the best of my knowledge. 31 1 Q. Okay. And were there any other brokers 2 who were involved in the marketing of the property 3 back in 2014, 2015? 4 A. In 2014 or '15? 5 Q. Yeah. 6 A. No. 7 Q. Okay. All right. So prior -- Mr. Ogden 8 was the exclusive broker up to the time the property 9 was leased to CMG? 10 A. Correct. 11 Q. Okay. Did you have a direct contact at 12 CMG, or was it exclusively a broker-driven exercise? 13 A. Broker-driven. 14 Q. All right. Have you -- well, have you 15 ever spoke to anybody from CMG? 16 A. Yes. 17 Q. Okay. All right. Who have you spoken 18 with at CMG? 19 A. The best of my recollection, I did speak 20 with their attorney, which was mentioned in your 21 documents, maybe, once. Other people within CMG. 22 Q. Was that an attorney in Florida? 23 A. Yes. 24 Q. I didn't mean to cut you off. 25 A. Yeah. The other person that I spoke with 32 1 was -- I believe his name is Michael Batista, I 2 believe is his name. And he was in the accounting 3 area. And that was strictly to set up payments to pay 4 utilities, things like that. 5 Q. Other than the attorney and Michael 6 Batista, no other direct communications with CMG? 7 A. In 2015, I guess it was, when Kathy Peck 8 came out. 9 Q. Okay. 10 A. And then in 2016 when James Scully came 11 out. 12 Q. Anybody else? 13 A. Not that I can recall. 14 Q. Okay. When did Kathy Peck visit in 2015? 15 Do you recollect? 16 A. What month or what -- or why? 17 Q. Whenever you can -- whenever -- I'm 18 looking for -- listen, if you have the month, day, and 19 year, great, but . . . 20 A. It was mid- -- mid- to early July when 21 she came out, when everything kind of started blowing 22 up with the city. 23 Q. Okay. And so what was your interaction 24 with Kathy Peck? 25 A. Hello, how are you? Glad to meet you. Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 9 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. 9 (Pages 33 to 36) 33 1 How is it going? How did the meetings go? That was 2 about it. 3 Q. Did you attend any of the meetings? 4 A. Absolutely not. 5 Q. You missed quite a time? 6 A. I know I did. 7 Q. A lot of fun. 8 MR. DAWES: Off the record. 9 (Discussion off the record.) 10 Q. (BY MR. DAWES) So it sounds like your 11 interaction with Ms. Peck was pretty brief? 12 A. Yes. 13 Q. All right. And that was during some of 14 the controversy with some of the board of adjustment 15 issues that were going on that summer, correct? 16 A. Correct. 17 Q. All right. Anything else? 18 A. That's it with Kathy. 19 Q. Okay. And then you mentioned there was 20 some interaction with James Scully in 2016? 21 A. Yes. 22 Q. Do you recollect when that was? 23 A. That was in July, I believe. It was 24 either late July or early August when he had come out 25 to formally arrange to remove CMG's property. 34 1 Q. Okay. 2 A. I should make a note in reference to 3 Kathy Peck, Kathy Peck and I did have some phone 4 conversations back and forth during that time frame, 5 you know, just general -- if she needed anything 6 concerning the issues at hand. 7 Q. Do you recall anything specifically? 8 A. No. It was very general. 9 Q. Okay. Did you deal with any of the folks 10 from the city of Monument when -- or the town of 11 Monument when that was going on? 12 A. No. 13 Q. Okay. So when Mr. Scully came out last 14 summer, he removed some of CMG's property. Do you 15 recollect what that was in particular? 16 A. It was mostly personal items, again, 17 desks, chairs, specifically the safe that was in the 18 -- that one holding area. I believe that's all that 19 they had brought in prior to that. 20 Q. Okay. Now, CMG never actually operated 21 from the space, correct? 22 A. Not to my knowledge. 23 Q. Let me show you what we'll mark as 24 Exhibit 4. 25 (Deposition Exhibit 4 was marked.) 35 1 Q. Are you familiar with Exhibit 4? 2 A. Yes. 3 Q. All right. And what is it? 4 A. Why is that? 5 Q. No, what are we looking at on Deposition 6 Exhibit 4? 7 A. This is our listing on LoopNet. 8 Q. And this would have been the listing on 9 LoopNet prior to the CMG lease? 10 A. Let's see. Yes. 11 Q. Okay. And who wrote up the description 12 on Exhibit 4? 13 A. I believe Todd Ogden did with Hoff & Lee. 14 Q. And did you review and approve it? 15 A. I'm sure I looked at it. Yes. 16 Q. Okay. Is there anything inaccurate about 17 it, as you sit here today? 18 A. Let me read it. 19 Q. Okay. 20 (The deponent read the document.) 21 A. It is accurate to my knowledge. 22 Q. Okay. The first sentence where it says, 23 "For lease, this space has a very flexible floor plan 24 and owner could be configured to suit various sizes 25 and layouts for the right tenant." 36 1 Did you have a vision of who the right 2 tenant was back in this time frame? 3 A. Medical. 4 Q. Okay. Is that your belief today as well? 5 A. The building is very appropriate for 6 medical, yes. 7 Q. What else is it appropriate for? 8 A. It depends on how much tenant finish 9 somebody wants to do. 10 Q. Okay. Aside from medical, is there 11 anything you think, as the property sits there today, 12 it is particularly suitable for in terms of a use? 13 A. Not offhand. It could be really used for 14 anything. 15 Q. Now, when it's described as having a very 16 flexible floor plan, what does that mean? 17 A. It's a free-span building, so every 18 single wall could be knocked out if somebody wanted it 19 that way. 20 Q. Okay. This description also talks about 21 a 1,466-square-foot unit. Is that the show's space? 22 Or what is that referring to? 23 A. I'm assuming that it is. 24 Q. Okay. You were talking about 1700 to 25 1800 square feet. This talks about 1400 and change. Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 10 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. 10 (Pages 37 to 40) 37 1 Do you have any explanation on that? 2 A. I don't have -- no. For that 3 discrepancy, I don't. 4 Q. Okay. All right. So this also talks 5 about the fact that the building is of a free-span 6 construction. It would be easily remodeled to be a 7 restaurant, general office, retail, et cetera, right? 8 A. That's possible, yes, whatever -- 9 whatever the new tenant wanted to do with it. 10 Q. Okay. All right. And does any of this 11 stuff refresh your recollection in terms of who you 12 had showings with back in 2014, 2015? 13 A. No, it does not. 14 Q. Okay. I'll next hand you what I'll mark 15 as Exhibit 5. 16 (Deposition Exhibit 5 was marked.) 17 Q. You had mentioned earlier that you had 18 looked at some materials before the deposition? 19 A. Correct. 20 Q. Is what we see in Exhibit 5 some of those 21 materials? 22 A. Yes. 23 Q. All right. And did you maintain some 24 kind of, like, lease file? 25 A. Yes. 38 1 Q. And is this what came out of the lease 2 file? 3 A. Yes. 4 Q. Okay. And did you provide the entirety 5 of your lease file to your counsel? 6 A. I can't recall if I gave him the lease or 7 not, to be honest with you. 8 Q. Okay. Well, let me ask it another way. 9 So you had a lease file, right? 10 A. Um-hum. 11 Q. What all was in the lease file? 12 A. The lease. Probably all the documents, 13 you know, pertaining to the lease, any correspondence 14 such as this. 15 Q. Okay. All right. Was there anything 16 that was in the lease file you didn't give to your 17 counsel? 18 A. Not that I can recall. 19 Q. Okay. 20 A. Maybe the lease. 21 Q. Okay. Aside from the lease? 22 A. Yeah, no. 23 Q. Okay. So did you -- some of this 24 correspondence talks about holdover rent? 25 A. Correct. 39 1 Q. Was there a time that you actually 2 collected holdover rent, or did they depart and vacate 3 before that time? 4 A. No, we did collect holdover rent. 5 Q. Now, the lease that was done originally 6 with MV and its predecessor, did you have counsel 7 involved in that at all, or is it just the broker? 8 A. I believe we had -- I had counsel review 9 that lease when it was -- prior to execution. 10 Q. Okay. And do you recall who that counsel 11 was? 12 A. I do not. 13 Q. Okay. I take it not Mr. Pelton? 14 A. That's correct. 15 Q. Okay. And how about -- we'll look at the 16 -- the lease with CMG, but did you have counsel 17 involved in that, too? 18 A. We did not. 19 Q. Okay. So who all was involved in 20 preparing that lease, negotiating and documenting that 21 lease? 22 A. I believe that that lease was a lease 23 provided by CMG. And the only people that reviewed it 24 was myself, my wife, and the agent. 25 Q. Okay. And did most of -- I'm gathering 40 1 from your prior testimony, you weren't talking 2 directly with anyone at CMG in terms of those 3 negotiations, correct? 4 A. That's correct. 5 Q. Okay. All right. No conference calls or 6 anything like that? 7 A. Nothing. 8 Q. Okay. Do you recall what the -- what 9 were the key issues or areas of heaviest negotiation 10 when the CMG lease was being put together? 11 A. I would have to go back through that 12 lease, to be honest with you, because I don't recall. 13 I know we were concerned about the -- if they got 14 their licenses revoked or changes, you know, things 15 that they could get out of the lease. Also, we would 16 not have signed the lease if it didn't have the clause 17 to return the property to its original state. 18 Q. Okay. In the original state was the 19 state that -- as it was improved by MV and its 20 predecessor? 21 A. Correct. 22 Q. Okay. And that's -- so when we look at 23 Exhibit 2 -- or, excuse me, 3, is it correct that it 24 was important -- you wanted the space to look like 25 what we see on the first page of Exhibit 3? Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 11 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. 11 (Pages 41 to 44) 41 1 A. Correct. 2 Q. Why was that important? 3 A. We believe that the building is 4 appropriate -- appropriately to be used for medical, 5 which is the reason we purchased the building. And, 6 obviously, more than half the building is medical. 7 The other half is offices, which could also be easily 8 leased. 9 Q. Okay. 10 A. Maybe not easily, but could be leased 11 easier than some other use. 12 Q. Okay. And we know, though, from the 13 listing before, though, based on the free-span 14 structure of the building, it could be easily adapted 15 for most any use, correct? 16 A. Correct. 17 Q. Okay. You have had the property on the 18 market for how long since CMG terminated the lease? 19 A. I believe right now, it's over nine 20 months. 21 Q. Okay. And have you had multiple brokers 22 on that? 23 A. No. 24 Q. Okay. Who have you had as a broker? 25 A. Kathy Loidolt. 42 1 Q. How do I spell her name again for the 2 benefit of our court reporter? 3 A. I believe it's L-o-i-d-t [sic]. 4 Q. And she's with who? 5 A. She's changed agencies a few times. I 6 think she is with, at this point, Flying Horse Realty. 7 Q. Flying Horse? 8 A. Yes. 9 Q. Okay. And we'll look at some of that in 10 a bit, and we can check on the spellings. How was it 11 you came to retain Ms. Loidolt? 12 A. We are friends, and I've known them for a 13 while. 14 Q. Okay. And have you had showings since 15 the property -- well, since CMG vacated the space, 16 have you had showings? 17 A. Yes. 18 Q. How many? 19 A. As was given in the interrogatories. 20 Q. Sure. And how many showings? 21 A. I think -- I would have to look 22 specifically at the document, but over -- over 35, I 23 think. 24 Q. And how did you -- how are you keeping 25 track of the showings? 43 1 A. I'm physically showing the property. 2 Q. Okay. Exclusively or with Mr. Loidolt? 3 A. With Mrs. Loidolt? 4 Q. I'm sorry. 5 A. Kathy Loidolt. 6 Q. I thought you said -- I said Ms. before, 7 and then I thought I heard you say Mr. So, sorry. 8 A. Mrs. No, strictly by myself. 9 Q. And why is that? 10 A. I'm three blocks away in another office, 11 and it's very easy for me to show the property. 12 Q. Okay. And do you keep track of who the 13 showings are with? 14 A. Yes. 15 Q. Okay. Is there a log or what -- or is 16 there some kind of -- like, how do you track it? 17 What's the documentation? 18 A. What was submitted in the interrogatory. 19 Q. Okay. How would you describe that? 20 A. If there's a company name, I list the 21 company name, the person's name, a phone number, and 22 if there was a showing or just an inquiry. 23 Q. Okay. And the 35, you have had 35 24 showings or 35 showings and inquiries? 25 A. We have had 35 inquiries, 35 plus, to the 44 1 best of my knowledge. And probably 10 showings, I 2 believe. 3 Q. Okay. 4 A. I would have to -- I would have to look 5 at the document to see specific showings. 6 Q. Okay. And what are the businesses 7 generally that you're showing the space for? Do you 8 recollect? 9 A. We have had a retail store, we have had a 10 veterinarian, veterinarian clinic. We have had 11 attorneys. We have had engineering companies. We 12 have had restaurants. We have had gyms. We have had 13 a general office. 14 Q. Anything else come to mind? 15 A. Not off the top of my head, no. 16 Q. Okay. So has Ms. Loidolt done any of the 17 showings, or it's exclusively you? 18 A. Exclusively me. 19 Q. And what are you marketing the space at 20 in terms of rent? 21 A. The square-foot rent? 22 Q. Yes. 23 A. $12 per square foot. 24 Q. And what was the rent rate on the CMG 25 lease? Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 12 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. 12 (Pages 45 to 48) 45 1 A. I believe it was the same. 2 Q. Okay. 3 (Deposition Exhibit 6 was marked.) 4 Q. I'll hand you next what I'll mark as 5 Exhibit 6. Do you recognize Exhibit 6? 6 A. Yes, I do. 7 Q. Okay. And so before I had asked you what 8 were kind of the hot-button issues on the lease 9 negotiations, and you said you would have to look at 10 the lease to recollect. Have you looked at the lease 11 in the last 48 hours? 12 A. Yes. 13 Q. Okay. And feel free to look at it now, 14 but do you recollect what the hot-button issues were 15 on the negotiations? 16 A. Yes. One was returning the property to 17 its original condition. And the ability for CMG to 18 terminate the lease based on permits and things like 19 that. 20 Q. How about price? 21 A. Price? 22 Q. Lease rate. No? 23 A. Lease rate was fine. 24 Q. So the negotiations were centered on the 25 two issues you just described and really nothing else? 46 1 A. Correct. 2 Q. Okay. How long did the negotiations last 3 -- well, from the time CMG looked at the space to the 4 time it went under lease, do you recollect how long 5 that window was? 6 A. Well, CMG never looked at the lease -- I 7 mean, they never looked at the property, but -- at 8 least I'm not aware that they did. No one -- no one 9 from corporate offices, to my knowledge, ever looked 10 at the actual property. 11 I believe from the time that we first 12 received the leased to execution was -- I'm going to 13 estimate, because I can't remember, maybe 45 days. 14 Q. Was Mr. Ogden doing any of the showings, 15 or it was exclusively you? 16 A. When he had a showing, he would contact 17 me, and we would both go in the building. 18 Q. Okay. So your testimony is you don't 19 think CMG ever saw the building before the lease was 20 signed? 21 A. That's correct. 22 Q. Do you know if it had contractors look at 23 it? 24 A. I don't believe they did. 25 Q. Okay. Do you know how the plans were 47 1 prepared and attached to the lease? 2 A. Rephrase. 3 Q. Yeah. So what's Exhibit B to the lease? 4 A. That's -- that's the plans for the 5 building. Their intention. 6 Q. Right. And do you know -- is it your 7 testimony that these plans were prepared without the 8 benefit -- without the benefit of someone actually 9 being at or in the space? 10 A. To my knowledge. 11 Q. Did you ever deal with the architect -- I 12 have a hard time reading it here -- 13 A. No. 14 Q. -- Miles Beach; is that right? 15 A. It looks like it is Miles L. Beach, 16 Architect, but I have never had any contact with them. 17 Q. Okay. Are there documents that you're 18 aware of that reflect any of the negotiations on the 19 lease? 20 A. Not that I am aware of. We went back and 21 forth a few times, but I -- I can't recall. 22 Q. Did you reach out to Mr. Ogden to get his 23 papers as your agent? 24 A. To get his papers? 25 Q. Whatever his file was on this deal. 48 1 A. No. 2 Q. Is he still around, to your knowledge? 3 A. To my knowledge, he is around. I'm not 4 sure he is still a realtor or with Ogden -- or with 5 Hoff & Lee. 6 Q. So I think you mentioned they are in the 7 Springs. Do they also have an office in Monument? 8 A. Castle Rock. 9 Q. Not the Springs? 10 A. No, they are headquartered in the 11 Springs, and they have an auxiliary office, to my 12 knowledge, in Castle Rock. 13 Q. Okay. What did you understand CMG would 14 be using the space for? 15 A. A clinic. 16 Q. Did you understand what kind of clinic? 17 A. Yes. 18 Q. Did you look into any of the zoning or 19 use ordinances regarding use as a clinic? 20 A. I did not look into them, but the zoning 21 for the property allows for a clinic. 22 Q. Okay. And did you -- but you didn't -- 23 you're aware of that fact, right? 24 A. Yes. 25 Q. All right. Did you do anything separate Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 13 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. 13 (Pages 49 to 52) 49 1 or independent to look further into that back in 2014, 2 2015? 3 A. No. 4 Q. Okay. 5 A. It had -- the building had been used as a 6 clinic for the previous 15 years, so it seemed logical 7 that another clinic would be no problem. 8 Q. Okay. All right. Did you come to learn, 9 though, that that was not the public sentiment in 10 Monument? 11 A. Only when everything occurred when Kathy 12 Peck came out to the property. 13 Q. Okay. And so aside from -- in terms of 14 when that situation kind of blew up, I understand you 15 spoke with Ms. Peck about that; but were you also 16 talking with people in the community? 17 A. No. 18 Q. Okay. Were you seeing it in the papers 19 or anything like that? 20 A. I don't believe it was in the papers 21 until everything started blowing up. 22 Q. All right. At no time did anybody from 23 the town reach out to you? 24 A. No. 25 Q. Be it zoning or the mayor's office or the 50 1 council, nobody ever reached out to you about any of 2 those issues? 3 A. No. 4 Q. Okay. Do you know how much CMG spent 5 improving the property? 6 A. I do not know specifics. Just based on 7 what was reported in the paper. It was reported, I 8 believe, they spent 250,000. 9 Q. Okay. Have you seen documentation 10 otherwise in this case? 11 A. No. 12 (Deposition Exhibit 7 was marked.) 13 Q. I'll hand you Exhibit 7. Are you 14 familiar with Exhibit 7 at all? 15 A. I am not. 16 Q. Okay. This was not among the papers you 17 looked at before the deposition? 18 A. That is correct. 19 Q. Okay. And is there -- when you said 20 according to the paper, what paper are you talking 21 about? 22 A. I believe it was the Tri-Lakes Tribune or 23 The Independent. 24 Q. Okay. Let me next show you what I'll 25 mark as Exhibit 8. 51 1 (Deposition Exhibit 8 was marked.) 2 Q. Have you reviewed Exhibit 8? 3 A. I have never seen Exhibit 8. 4 Q. Okay. Do you see it reflects the capital 5 expenditures for the Monument building? 6 A. I see that. 7 Q. Okay. Do you see it indicates a total of 8 -- in excess of $427,000? 9 A. I see that. 10 Q. All right. Do you have any reason to 11 dispute that that was, in fact, what was expended in 12 terms of capital expenditures improving the property? 13 MR. PELTON: Object to the form. 14 Misstates the evidence. 15 Q. (BY MR. DAWES) Do you understand my 16 question? 17 A. I do understand the question. I find it 18 to be extremely high. 19 Q. Okay. How so? 20 A. Well, if you look at some line items, I 21 would really like to know what the 169,000 is for 22 finishes. The plumbing, essentially the only thing 23 they did in plumbing was remove fixtures, not add. 24 They may have replaced some. 25 Q. Um-hum. 52 1 A. The HVAC, nothing, to my knowledge, was 2 done to the physical units; and that would just be 3 rerouting of ductwork. Let's see. Electrical would 4 just be rerouting. Doors and windows, the only 5 thing -- windows they did or put in the building were 6 interior windows. They did nothing to the exterior 7 windows. And those windows were between conference 8 rooms. Roof repair, I have no idea what that would 9 have been for. Demolition and asbestos replacement, 10 I'm not aware that that building had any asbestos 11 because of the previous tenant finishes. 12 Q. Run that past me again. 13 A. That line item demolition and asbestos 14 abatement -- 15 Q. Um-hum. 16 A. -- I'm not aware that the building had 17 any asbestos due to the tenant finishes of the 18 previous tenant. 19 Q. But why do you say that? What does the 20 prior tenant's tenant finish have to do with whether 21 there was asbestos or not in the building? 22 A. Well, if there was at that time, I would 23 assume it would have been replaced by Dublin 24 Pediatrics or Mountain Medical when they did their 25 tenant finish. Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 14 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. 14 (Pages 53 to 56) 53 1 Q. That's an assumption? 2 A. It's an assumption. 3 Q. Right. Okay. Any other comments on 4 Exhibit 8 here? 5 A. I don't know what -- is that Tyco 8940? 6 I don't know what that is. And the BL Woods cost of 7 146, I have no idea what that is either. I assume 8 that's a fee to BL Woods. 9 Q. The contractor, right? 10 A. Correct. 11 Q. Okay. And did you actually see some of 12 these improvements being constructed? 13 A. Yes. 14 Q. Okay. Now, just so -- just so we're 15 clear, going back to Exhibit 3, you're asking the 16 court to require CMG to reconstruct the property as is 17 reflected in the schematic here on Exhibit 3, correct? 18 A. That is correct. 19 Q. Okay. All right. 20 A. Actually, in looking at this once again, 21 I'm assuming in some of these exam rooms, they are not 22 showing full cabinetry where there was cabinetry. 23 Q. Okay. 24 A. Specifically in the lab, what was -- what 25 was the lab, what we highlighted as a wall there. 54 1 Q. All right. 2 A. And in the work area, the general work 3 area where staff was working, that was all cabinetry 4 in there as well. 5 Q. Okay. But just so we're clear, I want to 6 make sure it's very clear, you want the court to 7 require CMG to rebuild the premises exactly as 8 depicted on the schematic on Exhibit 3, correct? 9 A. That's correct. 10 Q. What are the odds if there is an end user 11 that wants that exact schematic? 12 MR. PELTON: Object to form. 13 Q. (BY MR. DAWES) Do you know? Do you have 14 any sense of that? 15 A. I have no sense of it. 16 Q. How many times have you leased out 17 commercial space in your career? 18 A. Twice. 19 Q. Okay. And are we talking about this 20 property on each occasion? 21 A. We're talking about Dublin Pediatrics, 22 Mountain View, if you want to assume that, and CMG. 23 Q. Okay. 24 A. And myself on the other side. 25 Q. Okay. What kind of tenant -- you did 55 1 your own tenant finish when you leased to yourself, 2 correct? 3 A. Correct. 4 Q. All right. Do you know how common it is 5 for tenant finish to be done on space that's leased as 6 opposed to just using exactly what's there? 7 MR. PELTON: Object to the form. 8 Q. (BY MR. DAWES) Do you follow what I'm 9 asking you? 10 A. Yeah. 11 Q. Go ahead. 12 A. In certain buildings, people can use them 13 as they are. In other buildings, they have to do a 14 complete or partial demolition. 15 Q. Right. Which is what happened with CMG, 16 right? 17 A. They used most of the building as is. 18 Q. They used most of the building as is? 19 A. They used most of the building as a 20 clinic or a medical facility and the setup was -- the 21 setup was appropriate for them. 22 Q. Okay. So how significant were the 23 changes in terms of tenant finish that CMG actually 24 put in? 25 MR. PELTON: Object to the form. 56 1 A. Well, they completely demoed the east 2 side of the building, and they removed fixtures and 3 things from the west side of the building. 4 Q. (BY MR. DAWES) Okay. Anything else? 5 A. Not that I can think of. 6 Q. Okay. Do you know what was done in terms 7 of electrical? 8 A. Not specifically, because I never saw the 9 plans. 10 Q. Okay. All right. Have you gone and 11 looked since? 12 A. I've been in the building; but I'm not an 13 electrician, so I have no idea what occurred. 14 Q. Okay. Now, you understood that CMG was 15 making tenant improvements and changes to the 16 property, correct? 17 A. Yes. 18 Q. All right. And that's what we -- on 19 Exhibit 3, we see you signed off on those changes on 20 the second page of Exhibit 3, correct? 21 A. I did not sign off on them. I did not 22 see them. I physically did not see the plans until 23 the contractor arrived on site. 24 Q. Okay. So look at the last page of the 25 lease, if you would, that I just handed you a minute Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 15 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. 15 (Pages 57 to 60) 57 1 ago, I think. You agreed to these, did you not? 2 A. I did. 3 Q. Okay. 4 A. But I never saw the actual plans. 5 Q. You mean the full set of plans? 6 A. Correct. 7 Q. Okay. All right. So you didn't 8 necessarily see the detail? 9 A. That's correct. 10 Q. But you saw Exhibit B before you signed 11 the lease, and you agreed with the tenant finish 12 consistent with what's on Exhibit B, correct? 13 A. That's correct. 14 Q. Okay. 15 (Deposition Exhibit 9 was marked.) 16 Q. Let me next show you what I'll mark as 17 Exhibit 9. Are you familiar with Exhibit 9? 18 A. Yes. 19 Q. Okay. And what is it? 20 A. That is a listing on LoopNet. 21 Q. Okay. And you -- I notice that you are 22 the contact on LoopNet, correct? 23 A. That is correct. 24 Q. And who prepared the LoopNet description? 25 A. I did. 58 1 Q. Okay. All right. And you've indicated 2 that -- space types, you've indicated office building, 3 restaurant, medical office, office showroom, correct? 4 A. That's not specifically listed on here, I 5 don't believe. There it is. Yes, I see it. 6 Q. Do you agree with me? 7 A. Yes. 8 Q. And those are your words, right? 9 A. Yes. 10 Q. Okay. 11 A. Those are additional uses. 12 Q. All right. And the space type you 13 describe as office building, correct? 14 A. Yes. 15 Q. Okay. Is the first page of Exhibit 3 -- 16 would you describe that as office building as -- as 17 reflected on Exhibit 3, page 1? 18 MR. PELTON: Object to the form. 19 A. Would I describe that as office space? 20 Q. (BY MR. DAWES) Yes. Office building, 21 yes? 22 A. No. Medical. 23 Q. Okay. 24 A. Medical or clinic. 25 Q. Okay. All right. Now, the highlights 59 1 are fiberoptic internet to building and newly 2 insulated. Who put in the fiberoptic internet to the 3 building? 4 A. CMG. 5 Q. Okay. And who did the -- provided the 6 new insulation? 7 A. I did. 8 Q. When was that? 9 A. After BL Woods completed the renovation. 10 Q. Okay. 11 A. And they were out of the building. 12 Q. Okay. How about the -- your description 13 also talks about a recent upgrade with the security 14 system. Who put in that upgrade? 15 A. CMG. 16 Q. And you want that pulled out now, right? 17 A. Sure. 18 Q. How about the high-speed internet 19 connection? That was CMG, too? 20 A. That was. 21 Q. Okay. And are you telling the court and 22 the jury here you want that pulled out? 23 A. If they so desire to pull it out, yes. 24 Q. Well, you're asking this jury to order 25 CMG to return the premises to the exact condition it 60 1 was in back at the end of 2015, correct? 2 A. Yes. 3 Q. Now, you also want the fiberoptic 4 internet, one of the highlights to the building -- 5 you're asking that to be removed as well, correct? 6 A. Correct. 7 Q. Does that add value to the building? 8 A. It depends on the next use. 9 Q. Do most end users want to have fiberoptic 10 internet? 11 A. It depends on the building use. 12 Q. Do you know? 13 A. I don't know offhand. 14 Q. Do you think most end users want to have 15 an upgraded security system? 16 A. I don't think it's necessary in that -- 17 based on the location of the building -- 18 Q. Okay. 19 A. -- and the surrounding area. 20 Q. All right. And how about a high-speed 21 internet connection? Is that something you think is 22 important to an end user? 23 A. It depends again on the use. 24 Q. Well, you specifically mentioned it in 25 your listing, right? You've highlighted the Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 16 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. 16 (Pages 61 to 64) 61 1 fiberoptic internet, correct? 2 A. Sure. For marketing purposes. 3 Q. That's what folks are interested in, 4 right? 5 A. Yes, they may be. It's depending on the 6 use. 7 Q. Well, how about for the uses you 8 described to me earlier today? So when we talk about 9 fiberoptic internet and a security system, is that 10 something that an attorney's office might be 11 interested in? 12 A. Probably. 13 Q. How about an engineer? 14 A. Maybe. 15 Q. How about a restaurant? 16 A. Probably not. 17 Q. Okay. How about an office? 18 A. Possibly. Depending on the type of 19 office it is. 20 Q. Okay. How about a medical use? 21 A. Probably. 22 Q. Okay. Now, on Exhibit 9, you've 23 indicated the rental rate is negotiable? 24 A. Correct. 25 Q. What does that mean? 62 1 A. It's negotiable. 2 Q. Okay. 3 A. It could be higher; it could be lower. 4 Q. Okay. But what's the range of what you 5 would consider an acceptable negotiable range? 6 A. 12 to 14. 7 Q. And how is it you land on that 8 12-to-14-square-foot lease rate? 9 A. Based on my personal knowledge of other 10 buildings being rented in the area. 11 Q. Okay. Now, you've also listed the 12 property at 14 to $16 a square foot, correct? 13 A. That was a while back, yes. 14 Q. Okay. Why 14 to 16 a square foot? 15 A. That's what the rate ended up being when 16 Mountain View Medical vacated the building. 17 Q. Okay. So let me hand you what I'll mark 18 as Exhibit 10. 19 (Deposition Exhibit 10 was marked.) 20 Q. So if I understood your testimony a 21 moment ago, is it your testimony that this Exhibit 10 22 was prepared prior to the CMG lease? 23 A. I can't recall when this was -- when this 24 was done. 25 Q. How about the broker information? You're 63 1 identified as the broker there. Does that refresh 2 your recollection? 3 A. Yeah, I'm the -- I'm the person that 4 listed the property, yes. 5 Q. Okay. Now, this also talks about the 6 upgrade with the security and the high-speed internet 7 connection, right? 8 A. It does mention that word, yes. 9 Q. All right. That suggests that this 10 listing went out after CMG left the space, correct? 11 A. It could imply it, yes. 12 Q. Well, prior to -- CMG upgraded the 13 security system, right? 14 A. They changed it, yes. 15 Q. Well, you've described it as being 16 upgraded, correct? Is that not what your words -- 17 A. That's what it says here, yes. 18 Q. So the fact that you have personally 19 represented to the public that the building is a 20 fee-span building and has recently been upgraded with 21 security and a high-speed internet connection, does 22 that suggest to you this listing is post CMG? 23 A. Yes. 24 Q. Okay. I mean, these are your words, 25 right? 64 1 A. Yeah. Yes. 2 Q. Okay. And this is your doing, right? 3 A. It is my listing, yes. 4 Q. Okay. Now, post CMG, you listed the 5 building at 14 to 16 a square foot, correct? 6 A. Correct. 7 Q. All right. So that's upwards of 8 25 percent the rental rate you were charging CMG, 9 correct? 10 A. Yes. 11 Q. Was there a reason you increased the ask 12 by 25 percent? 13 A. No reason. 14 Q. Okay. That was based on your own market 15 study? 16 A. Yes. 17 Q. And you believe that supported a 18 25 percent increase? 19 A. Yes. 20 Q. Okay. When the lease was signed with 21 CMG, did you have some sense that the methadone use 22 would result in some kind of public reaction? 23 A. Absolutely not. 24 Q. Okay. Is it your testimony you had no 25 idea there would be any issue with the zoning or land Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 17 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. 17 (Pages 65 to 68) 65 1 use? 2 A. Absolutely not. 3 Q. But I think if I understood your 4 testimony before, you didn't do any independent 5 research on that, correct? 6 A. That's correct. 7 Q. CMG provided a security deposit, correct? 8 A. Correct. 9 Q. All right. Is that -- did you retain 10 that security deposit? 11 A. We did. 12 Q. Now, one of the things that you expected 13 is that when CMG left the building, it would -- you 14 expected there would be some reasonable wear and tear 15 on the property, correct? 16 A. After they were in it. 17 Q. When they left the building? When they 18 vacated the property, correct? 19 A. I would assume so, yes. 20 Q. So if you -- take a look at that lease 21 again, if you would. What was your involvement -- if 22 you turn to page 9, you've talked about this 23 provision, at least in a general sense, Section 10.02. 24 A. Yes. 25 Q. All right. What was your involvement in 66 1 crafting this language? 2 A. This specific language, 10.02? 3 Q. Yes. 4 A. None. 5 Q. Did that language come from your broker, 6 to your knowledge? 7 A. This entire lease came from CMG. 8 Q. Okay. Well, you told me there were some 9 hot-button issues that were negotiated, right? 10 A. Correct. 11 Q. Was there only one draft -- was there 12 ever a draft of the lease? 13 A. I believe there was, yes. 14 Q. Okay. Do you know how the language -- 15 was 10.02 the subject of some back and forth, or no? 16 A. I don't believe it was. 17 Q. Okay. All right. But that language did 18 not come from you? 19 A. Not to my knowledge, no. 20 Q. Okay. Page 19, now, Section 24.01 deals 21 with the end of tenancy, correct? 22 A. Correct. 23 Q. Okay. All right. And that requires the 24 property to be turned over in as good and tenantable 25 condition, reasonable wear and tear excepted, correct? 67 1 A. That's what it states, yes. 2 Q. Okay. The property was turned over in 3 good condition, was it not? 4 A. Yes. 5 Q. Okay. Did you take photos of the 6 property before the property was turned over to CMG? 7 A. I can't recall if I have photos or not. 8 Q. Is that something you've looked for? 9 A. I have. 10 Q. And you don't have any, to your 11 knowledge? 12 A. Not in -- not where I've looked, no. 13 Q. Okay. And you've taken some photos since 14 CMG left the space, correct? 15 A. Yes. 16 Q. I'll next hand you what I'll mark as 17 Exhibit 11. 18 (Deposition Exhibit 11 was marked.) 19 Q. You are familiar with Exhibit 11, 20 correct? 21 A. Yes, I am. 22 Q. All right. Now, did you ever speak with 23 anyone from CMG regarding Exhibit 11 or its 24 termination? 25 A. No. 68 1 Q. Okay. You are not disputing that CMG had 2 the right to terminate the lease, correct? 3 A. That is correct. 4 Q. And if I'm correct, was there ever any 5 response to Exhibit 11? 6 A. Not that I can recall. 7 Q. Okay. So in the 35 showings and/or 8 inquiries that you have had since CMG left the 9 property, do you recollect any particular comments 10 from the tenants regarding their observations about 11 the space? 12 A. Most said as soon as they walked in the 13 building that as it's configured with the pharmacy 14 area that they would not be able to even consider 15 using the property. 16 Q. And who said that in particular? 17 A. I would have to go through my notes. I 18 can't recall. 19 Q. Okay. Do you recall any other feedback 20 from any of these 35 various folks? 21 A. Yes. Well, let's see. I can't remember 22 if it was one or two had indicated that they may want 23 to demo part of the property so people have a better 24 visual of what they can visually put in there. 25 Q. And who said that? Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 18 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. 18 (Pages 69 to 72) 69 1 A. I believe that was Bill Lucas from 2 Cushman. I think it was Cushman & Wakefield. 3 Q. A broker? 4 A. A broker. 5 Q. Okay. Anything else? 6 A. Not that I can recall offhand. Most 7 everybody that went in there just indicated that they 8 couldn't visualize what they might need. 9 Q. Is that Bill Lewis also a lawyer? 10 A. Bill Lucas. 11 Q. Oh, Lucas. Thank you. I'm sorry. Any 12 other particular recollection of feedback? 13 A. No. 14 Q. Okay. 15 (Deposition Exhibit 12 was marked.) 16 Q. I'll next show you Exhibit 12. 17 Exhibit 12, these are the listing agreements you had 18 for the property since the time that CMG left the 19 property, correct? 20 A. This looks to be the one with Kathy 21 Loidolt originally. She changed agencies. 22 Q. Okay. And if you keep going back about 23 halfway, there's another listing under Flying Horse 24 Realty. 25 A. Yes, I see that. 70 1 Q. Okay. All right. And that's just a 2 function of -- I think you indicated before, she 3 changed agencies, so you changed -- you have the same 4 agent, but a different brokerage firm, correct? 5 A. That's correct. 6 Q. All right. And what is -- so what is -- 7 if you're doing the showings and you're drafting the 8 marketing literature for LoopNet and the other MLS 9 services, what is Ms. Loidolt doing? 10 A. She has the property listed on the 11 Pikes Peak MLS. 12 Q. Okay. Is she doing anything else? 13 A. No. 14 Q. Okay. Is there -- and you've chosen to 15 do most of it yourself; is that right? 16 A. Correct. 17 Q. Now, if I understood, you're not a 18 broker, correct? 19 A. My wife is a broker, but her license is 20 on hold. And I have held a real estate license, but 21 it is not active, and it's expired. 22 Q. Okay. When was it last active? 23 A. Mine? Specifically? Early '90s, maybe. 24 Q. And your wife, if I understood your 25 testimony, has an application pending? 71 1 A. No. She has her broker's license, but it 2 is on ice. 3 Q. She's -- it's not hung with anyone? 4 A. Correct. 5 Q. When was it last hung with anyone? 6 A. Early '90s again, probably. 7 Q. Okay. All right. So fair to state that 8 the two of you have not been involved in the brokerage 9 community for over 20 years, correct? 10 A. That's accurate. 11 Q. I'm sorry. Is that yes? 12 A. Yes, that's accurate. 13 Q. Okay. 14 (Deposition Exhibit 13 was marked.) 15 Q. Let me next hand you what I'll mark as 16 Exhibit 13. Do you recognize Exhibit 13? 17 A. Yes. 18 Q. What are we looking at in Exhibit 13? 19 A. These are photos during the demolition 20 process of the east side of the building. 21 Q. Okay. So if we go back and look at 22 Exhibit 3 -- yeah. So Exhibit 3, if you were to take 23 that, and if I give you this red pen, can you circle 24 the general area where the demolition has occurred? 25 A. Yes. Do you want me to outline it or 72 1 circle it? Just circle it? 2 Q. You know what? Let's do this. Let's go 3 to the second page of Exhibit 3, and why don't you -- 4 yeah, as best you can, mark where that demolition has 5 taken place. 6 A. (Deponent complied). That's not 7 accurate, but it goes like this. 8 Q. Okay. And is it the -- which side of the 9 line? 10 A. It is this side. 11 Q. Do you want to, maybe, crosshatch the 12 general area where we're talking about? 13 A. (Deponent complied). 14 Q. Okay. All right. And so who has demoed 15 that? 16 A. Colorado Commercial. 17 Q. Okay. And when did the demo begin? 18 A. I can't recall the exact date. It's been 19 a few weeks ago. 20 Q. Okay. Sometime in May or April? 21 A. Late April, early May. 22 Q. And these photos that we're looking at in 23 Exhibit 13, are these your photos? 24 A. Yes. 25 Q. And do these photos -- were you looking Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 19 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. 19 (Pages 73 to 76) 73 1 to depict anything in particular in these photos, or 2 just the general state of the demolition? 3 A. General state of demolition. 4 Q. Did you take photos of the space before 5 you began the demolition? 6 A. Yes. 7 Q. And you've given those to your counsel? 8 THE DEPONENT: I don't know if I've given 9 those to you or not. 10 A. I can't recall if I've given those to 11 counsel. 12 Q. (BY MR. DAWES) Can you go ahead and do 13 that? 14 A. I can. Not right now. 15 Q. No, I understand that. I understand 16 that. But just so I can get them from your counsel. 17 A. Yes. 18 Q. I understand you don't have them on you 19 at this moment. Okay. And is it -- what's the stage 20 of the demolition at this juncture? 21 A. That's the only area that's been demoed 22 due to schedules and availability of demo crews. 23 Q. Okay. Is the demo complete now? 24 A. On this section, it is. 25 Q. Okay. And when you're talking about the 74 1 section, the crosshatched section on page 2 of 2 Exhibit 3? 3 A. Correct. 4 Q. Okay. And when was that completed? 5 A. In that April -- late April, early May 6 time frame. 7 Q. How long did the demo take? 8 A. I think they were there three or four 9 days. 10 Q. Have you paid for that demo? 11 A. I have a retainer with the contractor. 12 Q. And how much is the retainer? 13 A. 5,000. 14 Q. And does that cover the demo? 15 A. I have no idea. I have not gotten billed 16 by them. It's only a retainer. 17 Q. Were you told how much it would be to 18 demo the crosshatched area? 19 A. No. 20 Q. Is that important to know? 21 A. At some point. 22 MR. PELTON: Object to form. 23 A. At some point. 24 Q. (BY MR. DAWES) Okay. But right now, 25 it's kind of an open checkbook for the demo, correct? 75 1 A. It is. 2 Q. Is there an agreement on terms? 3 A. No. 4 Q. Okay. All right. So there's no T and M 5 terms that are established, correct? 6 A. No. 7 Q. Have you done business with this 8 contractor before? 9 A. This is the first time. 10 Q. Okay. And there's no contract? 11 A. There is a contract, yes. It's a 12 retainer. 13 Q. Okay. When you say there's a retainer, 14 in my simple mind, a retainer is just the check or 15 cash or money. 16 A. Yeah. 17 Q. Is that the contract you're referring to? 18 A. They have a monetary retainer -- 19 Q. Yes? 20 A. -- to do demolition. 21 Q. Yes? 22 A. And there is a contract to do demolition. 23 Q. There's a written contract for the 24 demolition? 25 A. Correct. 76 1 Q. Okay. And when was that contract signed? 2 A. About that time frame. 3 Q. All right. Has that been provided to 4 your counsel? 5 A. I don't believe he has that. 6 Q. Is that something you'll provide to your 7 counsel? 8 A. I will. 9 Q. Do you intend to do more demo? 10 A. Unknown at this point. 11 Q. The crosshatched area that's been demoed, 12 why did you choose that particular area to demo? 13 A. It was advised to do -- to start with 14 that area just so people could have a better visual of 15 potential use. 16 Q. And that was advised by who? 17 A. Bill Lucas was one of them. Another one 18 was -- I can't recall specifically, but it was someone 19 that did show -- or I did show the building to. 20 Q. These are just other brokers? 21 A. No. 22 Q. Are they your brokers? 23 A. No. 24 Q. So -- 25 A. These were the individuals -- Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 20 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. 20 (Pages 77 to 80) 77 1 Q. Okay. 2 A. -- you know, that drove by, saw the sign, 3 said I'd like to see the building. 4 Q. And they said, Oh, by the way, you should 5 demo this area? 6 A. Well, they said it would be much easier 7 for me to visualize, you know, my potential use if it 8 was an open-span building. 9 Q. Okay. All right. So this features -- 10 the demolition allows you to feature the open-span 11 nature of the building? 12 A. Correct. 13 Q. Okay. All right. And the same would 14 have been true if it had been configured the way it's 15 depicted on page 1 of Exhibit 3, correct? 16 A. Restate that. 17 Q. Yeah. You would -- 18 MR. DAWES: Well, go ahead and read it, 19 Teresa, if you would. 20 (The last question was read back as 21 follows: "And the same would have been true if it had 22 been configured the way it's depicted on page 1 of 23 Exhibit 3, correct?") 24 A. Meaning if it was totally demoed, people 25 would have a better vision of what they could do? 78 1 Q. (BY MR. DAWES) Correct. 2 A. Is that the question? 3 Q. Correct. 4 A. That's correct. 5 Q. Right. So in order to highlight the 6 open-span feature of the building, had the building 7 been configured the way we see it on page 1 of 8 Exhibit 3, you would have had to do the demo just the 9 same, correct? 10 A. Possibly. Unless there were people that 11 came in that wanted office space or medical space. 12 Q. Right. Is there anybody -- I know you're 13 kind of -- my sense is you're kind of a one-man band 14 in terms of Mikulas Investments, but was your wife or 15 anybody else affiliated with the company ever in touch 16 with Mr. -- with CMG other than what you've described 17 today? 18 A. No. 19 Q. So what is it exactly you are asking the 20 court to award you in this case? 21 A. To return the property back to its 22 original condition, as the lease states. 23 Q. So that's -- that would be -- is there a 24 monetary figure you're asking the court to award you 25 or no? 79 1 A. No. Just based on the estimates that we 2 have provided to return the space back to its original 3 condition. 4 Q. Well, but that's -- are you asking for a 5 monetary award from the court in this case, or are you 6 -- or are you asking for an order requiring CMG to 7 return the space the way it was originally? 8 A. I don't know. I think that's up -- 9 that's -- 10 MR. PELTON: The complaint says what 11 we're seeking. 12 MR. DAWES: Well, he's testifying as the 13 corporate representative today, Counsel. So I'm 14 asking him the question. And we're going to trial 15 based on his testimony today. 16 A. Based on the lease terms. 17 Q. (BY MR. DAWES) Are you asking for 18 monetary damages from this court? And, if so, what? 19 A. I would say, yes. 20 Q. How much in damages are you asking this 21 court to award you? 22 A. I don't have a figure. 23 Q. Okay. Has anyone else been involved in 24 the marketing, listing or showing of the property 25 other than -- since CMG occupied the property other 80 1 than you and Ms. Loidolt or Loidolt? 2 A. Loidolt. 3 Q. Loidolt? The T is silent? 4 A. Yes. No, only myself and her. The 5 building has signs on it. It's listed on CoStar, 6 which is a commercial real estate site. It's also 7 listed in the MLS. It has signs on it. It's on 8 Craigslist. 9 Q. From where have you had the most 10 responses? 11 A. Drive by and the sign -- signs. There 12 are signs on three sides of the building. 13 Q. Okay. 14 A. And one posted in the ground. 15 Q. The lease with MVP -- I apologize -- is 16 that -- have you provided that to your counsel? Has 17 that been disclosed in this case? 18 A. I don't believe so, no. 19 Q. Is that something you can give to your 20 counsel? 21 A. Sure. If requested. 22 Q. I'm requesting it now. 23 A. Okay. 24 Q. Can you give it to your counsel with a 25 request to provide it to me? Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 21 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. 21 (Pages 81 to 83) 81 1 MR. PELTON: Send us a production of 2 documents, and we'll address it then. 3 MR. DAWES: I would submit it should have 4 been provided as part of the Rule 26 disclosure, but 5 if -- 6 MR. PELTON: You can assert whatever you 7 want, Chris, as to whether a prior lease arrangement 8 is part of the initial disclosures. 9 MR. DAWES: Mr. Mikulas, I don't have 10 anything further for you at this time. 11 WHEREUPON, the within proceedings were 12 concluded at the approximate hour of 11:44 a.m. on the 13 19th day of May, 2017. 14 * * * * * 15 16 17 18 19 20 21 22 23 24 25 82 I, ROBERT F. MIKULAS, do hereby certify that I have read the above and foregoing deposition and that the same is a true and accurate transcription of my testimony, except for attached amendments, if any. Amendments attached ( ) Yes ( ) No __________________________ ROBERT F. MIKULAS The signature above of ROBERT F. MIKULAS was subscribed and sworn to before me in the county of ______________, state of _____________________ , this _____ day of ________________, 2017. _________________________ Notary Public My commission expires Mikulas Investments, LLC 5/19/17 (tc) 83 REPORTER'S CERTIFICATE STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) I, TERESA COOGLE, Registered Professional Reporter, Certified Realtime Reporter, and Notary Public ID 19994013288, State of Colorado, do hereby certify that previous to the commencement of the examination, the said ROBERT F. MIKULAS was duly sworn by me to testify to the truth in relation to the matters in controversy between the parties hereto; that the said deposition was taken in machine shorthand by me at the time and place aforesaid and was thereafter reduced to typewritten form; that the foregoing is a true transcript of the questions asked, testimony given, and proceedings had. I further certify that I am not employed by, related to, nor counsel for any of the parties herein, nor otherwise interested in the outcome of this litigation. IN WITNESS WHEREOF, I have affixed my signature this 1st day of June, 2017. My commission expires May 24, 2019. __X__ Reading and Signing was requested. _____ Reading and Signing was waived. _____ Reading and Signing was not required. Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 22 of 38 ROBERT F. MIKULAS 83 REPORTER'S CERTIFICATE STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) I, TERESA COOGLE, Registered Professional Reporter, Certified Realtime Reporter, and Notary Public ID 19994013288, State of Colorado, do hereby certify that previous to the commencement of the examination, the said ROBERT F. MIKULAS was duly sworn by me to testify to the truth in relation to the matters in controversy between the parties hereto; that the said deposition was taken in machine shorthand by me at the time and place aforesaid and was thereafter reduced to typewritten form; that the foregoing is a true transcript of the questions asked, testimony given, and proceedings had. I further certify that I am not employed by, related to, nor counsel for any of the parties herein, nor otherwise interested in the outcome of this litigation. IN WITNESS WHEREOF, I have affixed my signature this 1st day of June, 2017. My commission expires May 24, 2019. __X__ Reading and Signing was requested. _____ Reading and Signing was waived. _____ Reading and Signing was not required. Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 23 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. Page 84 A a.m 1:15 81:12 abatement 52:14 ability 45:17 able 68:14 Absolutely 33:4 64:23 65:2 acceptable 62:5 accommodate 5:10 accounting 32:2 accurate 35:21 71:10,12 72:7 82:3 acquired 6:22 7:5,8 11:5,6 12:13 13:18,25 acquisition 12:15 12:20 Action 1:2 active 70:21,22 actual 46:10 57:4 adapted 41:14 add 51:23 60:7 additional 27:12 58:11 address 4:14,15,16 9:9 81:2 adjustment 33:14 adult 9:16 advised 76:13,16 affiliated 78:15 affixed 83:13 aforesaid 83:8 agencies 42:5 69:21 70:3 agent 17:2,7,8 39:24 47:23 70:4 ago 57:1 62:21 72:19 agree 5:21 58:6 agreed 57:1,11 agreement 3:14 16:18 27:20 75:2 agreements 69:17 ahead 5:13,21 25:1 55:11 73:12 77:18 allows 48:21 77:10 Alternative 9:6,18 amendments 82:4 82:6 amount 13:21 and/or 68:7 answer 5:13,24 answered 17:4 20:18 answering 5:3 anybody 31:15 32:12 49:22 78:12 78:15 apologize 80:15 application 70:25 appropriate 36:5,7 41:4 55:21 appropriately 41:4 approval 21:13 approve 13:15 26:4 35:14 approved 21:14,15 21:15 26:1 approving 23:25 26:5 approximate 81:12 approximately 8:11 12:12,17 14:23 April 72:20,21 74:5 74:5 architect 47:11,16 area 11:8 13:8,8 22:17,18 30:22 32:3 34:18 54:2,3 60:19 62:10 68:14 71:24 72:12 73:21 74:18 76:11,12,14 77:5 areas 11:23 40:9 arrange 33:25 arrangement 81:7 arrived 56:23 asbestos 52:9,10,13 52:17,21 aside 36:10 38:21 49:13 asked 7:7 21:12 45:7 83:9 asking 53:15 55:9 59:24 60:5 78:19 78:24 79:4,6,14 79:17,20 assert 81:6 asset 29:16 assume 5:23 11:14 27:4 52:23 53:7 54:22 65:19 assumed 14:1,5 assuming 36:23 53:21 assumption 17:5,6 53:1,2 attached 47:1 82:4 82:6 attachments 3:12 attend 33:3 attorney 19:24 31:20,22 32:5 attorney's 61:10 attorneys 44:11 August 33:24 auxiliary 48:11 availability 73:22 award 78:20,24 79:5,21 aware 23:12 28:9 46:8 47:18,20 48:23 52:10,16 B B 47:3 57:10,12 back 7:18 16:8 29:18 31:3 34:4 36:2 37:12 40:11 47:20 49:1 53:15 60:1 62:13 66:15 69:22 71:21 77:20 78:21 79:2 balance 12:1 band 78:13 based 9:25 13:5 41:13 45:18 50:6 60:17 62:9 64:14 79:1,15,16 basic 4:25 basically 11:21 16:2,21 23:3 bathrooms 11:24 Batista 32:1,6 Beach 47:14,15 bear 22:12 began 73:5 behalf 1:14 belief 36:4 believe 6:20 17:2 21:17 27:17 28:14 28:15 29:20 32:1 32:2 33:23 34:18 35:13 39:8,22 41:3,19 42:3 44:2 45:1 46:11,24 49:20 50:8,22 58:5 64:17 66:13 66:16 69:1 76:5 80:18 benefit 42:2 47:8,8 best 9:13 12:17 17:6 26:3 29:4 30:25 31:19 44:1 72:4 better 68:23 76:14 77:25 Bill 69:1,9,10 76:17 billed 74:15 bit 13:15 17:5 27:16 42:10 BL 26:12,15 53:6,8 59:9 blew 49:14 blocks 43:10 blowing 32:21 49:21 board 33:14 box 4:15 9:9 25:12 boxes 11:12 brand-new 18:17 break 5:8,11 18:14 18:15 brief 33:11 broker 27:24 28:1 31:8 39:7 41:24 62:25 63:1 66:5 69:3,4 70:18,19 broker's 71:1 broker-driven 31:12,13 brokerage 70:4 71:8 brokers 20:9 31:1 41:21 76:20,22 brought 34:19 building 8:9 11:2,5 11:17,19 12:11 18:16,17 24:13 26:21 27:3 28:19 30:9 36:5,17 37:5 41:3,5,6,14 46:17 46:19 47:5 49:5 51:5 52:5,10,16 52:21 55:17,18,19 56:2,3,12 58:2,13 58:16,20 59:1,3 59:11 60:4,7,11 60:17 62:16 63:19 63:20 64:5 65:13 65:17 68:13 71:20 76:19 77:3,8,11 78:6,6 80:5,12 buildings 55:12,13 62:10 built 18:18 business 4:14,15 7:19,20,23,24 8:21,24 9:2,3,12 16:12 21:3 75:7 businesses 9:16 29:25 44:6 buy 10:24 Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 24 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. Page 85 C C 2:1 cabinetry 13:7 22:19 30:17,19,21 30:22 53:22,22 54:3 call 7:22 30:8 called 9:5 calls 40:5 CapEx 3:16 capital 51:4,12 care 24:2 career 54:17 case 4:20 5:9 19:20 50:10 78:20 79:5 80:17 cash 75:15 Castle 48:8,12 caveat 5:10 centered 45:24 Century 3:21 certain 15:12 55:12 certainly 28:16 CERTIFICATE 83:1 Certified 1:16 83:4 certify 82:1 83:5,10 cetera 37:7 chairs 30:12 34:17 change 8:12 36:25 changed 42:5 63:14 69:21 70:3,3 changes 13:19,20 23:11,15,19 40:14 55:23 56:15,19 charging 64:8 check 42:10 75:14 checkbook 74:25 choose 76:12 chosen 70:14 Chris 4:18 81:7 CHRISTOPHER 2:6 circle 71:23 72:1,1 city 32:22 34:10 83:3 Civil 1:2 4:2 claimed 16:11 Clarify 10:16 clause 40:16 clear 23:18 53:15 54:5,6 clinic 44:10 48:15 48:16,19,21 49:6 49:7 55:20 58:24 clinical 9:25 closer 12:3 CMG 7:6 20:19 25:24 26:1 31:9 31:12,15,18,21 32:6 34:20 35:9 39:16,23 40:2,10 41:18 42:15 44:24 45:17 46:3,6,19 48:13 50:4 53:16 54:7,22 55:15,23 56:14 59:4,15,19 59:25 62:22 63:10 63:12,22 64:4,8 64:21 65:7,13 66:7 67:6,14,23 68:1,8 69:18 78:16 79:6,25 CMG's 33:25 34:14 collect 39:4 collected 39:2 collecting 20:8 Colonial 1:10 3:13 3:15 4:20 Colorado 1:1,7,15 1:17 2:4,4,8 3:16 4:16,17 9:9,10 16:15 28:10 72:16 83:2,5 come 17:22 33:24 44:14 49:8 66:5 66:18 comes 20:7,8 27:1 27:2 commencement 83:5 comments 53:3 68:9 commercial 10:5 10:21 54:17 72:16 80:6 commission 82:20 83:14 common 11:23 55:4 communications 32:6 community 49:16 71:9 companies 6:25 7:11 44:11 company 1:7 6:10 7:12,12 9:4 10:1 28:10 43:20,21 78:15 complaint 79:10 complete 55:14 73:23 completed 59:9 74:4 completely 56:1 complied 23:1 25:3 25:14 72:6,13 concerned 40:13 concerning 34:6 conclude 5:10 concluded 81:12 condition 45:17 59:25 66:25 67:3 78:22 79:3 conference 15:21 40:5 52:7 configured 35:24 68:13 77:14,22 78:7 connection 15:1 59:19 60:21 63:7 63:21 consider 62:5 68:14 consistent 24:17 57:12 constructed 23:5 24:3 53:12 construction 3:15 37:6 contact 12:6,19 31:11 46:16 47:16 57:22 contained 22:19 contract 75:10,11 75:17,22,23 76:1 contractor 26:7,9 26:11 53:9 56:23 74:11 75:8 contractors 46:22 controversy 6:2 33:14 83:7 conversations 34:4 Coogle 1:16 83:4 Cooney 26:12,18 27:9 copy 21:19 corporate 19:5 46:9 79:13 correct 6:3,4,10,11 7:1,2,10,14 8:3,7 8:15 14:1,7,9,11 15:10 16:22,24,25 19:15 20:2,3,11 20:12 22:23 23:5 23:6,20 24:1 25:10 26:2 27:7 28:23,25 31:10 33:15,16 34:21 37:19 38:25 39:14 40:3,4,21,23 41:1 41:15,16 46:1,21 50:18 53:10,17,18 54:8,9 55:2,3 56:16,20 57:6,9 57:12,13,22,23 58:3,13 60:1,5,6 61:1,24 62:12 63:10,16 64:5,6,9 65:5,6,7,8,15,18 66:10,21,22,25 67:14,20 68:2,3,4 69:19 70:4,5,16 70:18 71:4,9 74:3 74:25 75:5,25 77:12,15,23 78:1 78:3,4,9 correspondence 38:13,24 cost 53:6 CoStar 80:5 council 50:1 counsel 4:23 20:14 20:25 38:5,17 39:6,8,10,16 73:7 73:11,16 76:4,7 79:13 80:16,20,24 83:11 county 82:14 83:3 couple 4:25 11:9 course 5:7 17:13 court 1:1 5:15 42:2 53:16 54:6 59:21 78:20,24 79:5,18 79:21 cover 24:11,12 74:14 Covers 9:6,18 crafting 66:1 Craigslist 80:8 credit 14:8,13 15:1 15:5 crews 73:22 crosshatch 72:11 crosshatched 74:1 74:18 76:11 cubicles 15:22 Cushman 69:2,2 cut 31:24 D D 3:1 damage 17:19 Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 25 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. Page 86 damages 79:18,20 date 15:12,12 72:18 Dawes 2:6 3:3,19 4:10,18 17:16 33:8,10 51:15 54:13 55:8 56:4 58:20 73:12 74:24 77:18 78:1 79:12 79:17 81:3,9 day 6:6 32:18 81:13 82:16 83:13 days 46:13 74:9 deal 34:9 47:11,25 dealing 20:9,10 deals 66:20 Debbie 12:25 December 28:14 decided 11:3 18:16 Deer 4:17 defendant 1:12,15 2:5 4:19 19:5 Delaware 1:10 demo 11:15 68:23 72:17 73:22,23 74:7,10,14,18,25 76:9,12 77:5 78:8 demoed 56:1 72:14 73:21 76:11 77:24 demolition 52:9,13 55:14 71:19,24 72:4 73:2,3,5,20 75:20,22,24 77:10 denotes 19:4 Denver 1:15 2:8 10:1 83:3 depart 39:2 depending 61:5,18 depends 11:23 36:8 60:8,11,23 depict 22:15 73:1 depicted 54:8 77:15,22 depicts 25:7 deponent 23:1 25:3 25:14 35:20 72:6 72:13 73:8 Deponent's 4:8 deposit 65:7,10 deposition 1:4,14 3:5,6 4:21,24 5:2 5:8 18:20,22 19:4 19:21,23 21:5 24:5 34:25 35:5 37:16,18 45:3 50:12,17 51:1 57:15 62:19 67:18 69:15 71:14 82:2 83:7 describe 13:1 15:19 20:16 22:16 43:19 58:13,16,19 described 9:17 36:15 45:25 61:8 63:15 78:16 description 35:11 36:20 57:24 59:12 Designated 19:11 desire 29:10 59:23 desks 30:12 34:17 detail 3:16 57:8 different 70:4 direct 31:11 32:6 directly 40:2 disclosed 80:17 disclosure 81:4 disclosures 81:8 discrepancy 37:3 discuss 19:21 Discussion 33:9 discussions 27:9 30:3 dispute 51:11 disputing 68:1 DISTRICT 1:1,1 doc 18:9,11 doctors 13:10 doctors' 30:21 document 35:20 42:22 44:5 documentation 43:17 50:9 documenting 39:20 documents 3:15 20:21 31:21 38:12 47:17 81:2 doing 5:14 7:24 15:13 46:14 64:2 70:7,9,12 dollar 13:21 Doors 52:4 draft 66:11,12 drafting 70:7 draw 25:12 Drive 80:11 drop-down 22:20 drove 77:2 Dublin 3:8 11:15 11:22 12:6,11,24 13:2,18,25,25 16:24 21:10 23:13 25:7 27:4 28:17 52:23 54:21 ductwork 52:3 due 52:17 73:22 duly 4:6 83:6 duration 12:9 E E 2:1,1 3:1 earlier 21:13 37:17 61:8 early 32:20 33:24 70:23 71:6 72:21 74:5 easier 41:11 77:6 easily 37:6 41:7,10 41:14 east 8:9 56:1 71:20 easy 43:11 eight 13:6 either 30:3 33:24 53:7 electrical 22:20 52:3 56:7 electrician 56:13 eleventh 15:8 employed 83:10 employees 13:9 ended 62:15 engineer 61:13 engineering 44:11 entire 22:17 66:7 entirety 38:4 entity 8:4 16:6 ESQ 2:3,6 essentially 11:25 14:16 30:16 51:22 established 75:5 estate 10:6 70:20 80:6 estimate 46:13 estimates 79:1 et 37:7 everybody 69:7 evidence 51:14 exact 54:11 59:25 72:18 exactly 54:7 55:6 78:19 exam 13:6 30:16,18 53:21 examination 3:2 4:9 83:6 excepted 66:25 excess 51:8 exclusive 31:8 exclusively 20:10 31:12 43:2 44:17 44:18 46:15 excuse 14:5 18:10 40:23 execution 39:9 46:12 exercise 15:2,11 31:12 Exhibit 3:6,8,9,10 3:11,13,15,16,17 3:18,19,21,22 18:20,22,23 21:5 21:7,7,24 22:22 23:3,8,22 24:5,7,7 24:9,18,23 25:7 25:21 27:14 34:24 34:25 35:1,6,12 37:15,16,20 40:23 40:25 45:3,5,5 47:3 50:12,13,14 50:25 51:1,2,3 53:4,15,17 54:8 56:19,20 57:10,12 57:15,17,17 58:15 58:17 61:22 62:18 62:19,21 67:17,18 67:19,23 68:5 69:15,16,17 71:14 71:16,16,18,22,22 72:3,23 74:2 77:15,23 78:8 EXHIBITS 3:5 existence 6:18 23:9 existing 24:23,24 24:25 30:4 expected 65:12,14 expended 14:13 51:11 expenditures 51:5 51:12 experience 16:5 expired 70:21 expires 82:20 83:14 explanation 37:1 extent 23:25 exterior 52:6 extremely 51:18 F F 1:4,14 3:2 4:5,13 82:1,9,13 83:6 facility 55:20 fact 19:13 21:14 37:5 48:23 51:11 63:18 fair 5:24 27:6 71:7 familiar 35:1 50:14 57:17 67:19 Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 26 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. Page 87 far 5:15 feature 77:10 78:6 features 77:9 Fed.R.Civ.P 3:7 Federal 4:2 fee 53:8 fee-span 63:20 feedback 68:19 69:12 feel 45:13 feet 8:11 11:22,25 13:3 15:18 36:25 fiberoptic 59:1,2 60:3,9 61:1,9 figure 78:24 79:22 file 37:24 38:2,5,9 38:11,16 47:25 find 51:17 fine 21:4 45:23 finish 11:5,16 13:2 13:16,19 14:8,13 14:25 15:5,14,19 16:1 24:15 30:3,4 36:8 52:20,25 55:1,5,23 57:11 finishes 51:22 52:11,17 firm 70:4 first 4:6 12:25 35:22 40:25 46:11 58:15 75:9 five 8:19 9:14 fixtures 30:15 51:23 56:2 flexible 35:23 36:16 floor 23:10,12,19 35:23 36:16 Florida 31:22 Flying 42:6,7 69:23 folks 34:9 61:3 68:20 follow 55:8 following 4:1 follows 4:7 77:21 foot 10:19 44:23 62:12,14 64:5 footage 8:10 10:17 11:19,25 foregoing 82:2 83:9 foreseeable 29:13 form 17:15 51:13 54:12 55:7,25 58:18 74:22 83:8 formal 5:2 7:20 13:7 formally 16:19 33:25 forth 34:4 47:21 66:15 Foundation 17:16 four 8:19 15:21 29:4 74:8 fourth 19:10 Fox 2:7 frame 6:20 34:4 36:2 74:6 76:2 free 45:13 free-span 36:17 37:5 41:13 friends 42:12 Front 6:2 full 53:22 57:5 fun 33:7 function 70:2 further 49:1 81:10 83:10 future 29:13 G garden 7:12,21,25 9:4 16:11 gas 27:2 gathering 39:25 general 16:9 34:5,8 37:7 44:13 54:2 65:23 71:24 72:12 73:2,3 generally 44:7 give 38:16 71:23 80:19,24 given 42:19 73:7,8 73:10 83:9 glad 5:9 32:25 go 4:24 5:13,21 25:1 27:10 28:11 33:1 40:11 46:17 55:11 68:17 71:21 72:2 73:12 77:18 goes 72:7 going 18:21 21:6 22:13 24:21 33:1 33:15 34:11 46:12 53:15 69:22 79:14 good 5:14 7:8 66:24 67:3 gotten 74:15 government 10:4 great 32:19 green 22:13 24:3 Gregory 2:3,3 ground 4:25 9:6,18 80:14 Group 1:10 3:12,13 3:15,21 7:21 12:13 guess 19:10 21:2 32:7 gyms 44:12 H H-o-f-f 28:7 hail 17:19 half 41:6,7 halfway 69:23 hand 18:21 21:6 22:13 24:6 34:6 37:14 45:4 50:13 62:17 67:16 71:15 handed 56:25 happened 55:15 hard 47:12 head 5:16 44:15 headquartered 48:10 heard 43:7 heater 13:11 heaters 30:18 heaviest 40:9 held 70:20 Hello 32:25 help 22:14 hereto 83:7 high 51:18 high-speed 59:18 60:20 63:6,21 higher 62:3 highlight 25:1 78:5 highlighted 24:3 53:25 60:25 highlighter 22:14 25:12 highlights 58:25 60:4 Hoff 28:7 35:13 48:5 hold 29:12 70:20 holding 34:18 holdings 10:6 holdover 38:24 39:2,4 home 4:14,16 honest 38:7 40:12 Horse 42:6,7 69:23 hot-button 45:8,14 66:9 hour 81:12 hours 45:11 house 10:20 hung 71:3,5 HVAC 52:1 I ice 71:2 ID 83:5 idea 52:8 53:7 56:13 64:25 74:15 identified 63:1 II 19:11 imply 63:11 important 40:24 41:2 60:22 74:20 improved 23:8 40:19 improvements 25:8 25:8 53:12 56:15 improving 50:5 51:12 inaccurate 35:16 including 24:19 Incorporated 9:6 increase 64:18 increased 64:11 independent 49:1 50:23 65:4 indicated 58:1,2 61:23 68:22 69:7 70:2 indicates 51:7 individuals 76:25 information 20:19 62:25 initial 3:5 81:8 inquiries 43:24,25 68:8 inquiry 43:22 inside 24:15 installed 13:2 insulated 59:2 insulation 59:6 intend 76:9 intent 29:12 intention 47:5 interaction 26:8,17 32:23 33:11,20 interest 16:7 interested 20:13 61:3,11 83:11 interfaced 26:15 interior 52:6 internet 59:1,2,18 60:4,10,21 61:1,9 63:6,21 interrogatories 13:23 42:19 Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 27 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. Page 88 interrogatory 43:18 Investment 15:18 Investments 1:5,7 6:12,15,17 16:6 16:18 19:6,14 20:2,5 78:14 82:25 involved 20:4 23:22 31:2 39:7 39:17,19 71:8 79:23 involvement 23:24 65:21,25 issue 64:25 issues 19:19 20:10 20:15 33:15 34:6 40:9 45:8,14,25 50:2 66:9 item 52:13 items 30:12,19,24 34:16 51:20 J J 2:6 James 32:10 33:20 job 5:14 July 32:20 33:23,24 juncture 73:20 June 83:13 jury 59:22,24 K Kathy 32:7,14,24 33:18 34:3,3 41:25 43:5 49:11 69:20 keep 43:12 69:22 keeping 42:24 key 40:9 kind 4:24 7:11 10:14 11:11 17:17 32:21 37:24 43:16 45:8 48:16 49:14 54:25 64:22 74:25 78:13,13 kinds 29:24 Kings 4:17 Kinlaw 12:7 kitchen 13:12 30:24 knew 28:18,20 knocked 36:18 know 5:21 11:12 12:25 17:3 19:19 25:4 27:1,2,17 30:20 33:6 34:5 38:13 40:13,14 41:12 46:22,25 47:6 50:4,6 51:21 53:5,6 54:13 55:4 56:6 60:12,13 66:14 72:2 73:8 74:20 77:2,7 78:12 79:8 knowledge 29:4 30:25 34:22 35:21 44:1 46:9 47:10 48:2,3,12 52:1 62:9 66:6,19 67:11 known 42:12 L L 47:15 L-o-i-d-t 42:3 L.P 1:10 3:13,15 lab 53:24,25 laboratory 9:24,25 9:25 13:7 22:18 30:19,20 Lake 9:10 land 62:7 64:25 landlord 13:15 21:13 language 66:1,2,5 66:14,17 large 11:8 13:9,11 15:21,24 late 33:24 72:21 74:5 Law 2:3 lawn 7:12,21,24 9:3 16:10 lawyer 69:9 layouts 35:25 leaks 17:16 learn 49:8 lease 3:14,20 12:14 13:21 14:1,6 15:6 15:8,10 16:18,23 17:1,24 20:18,18 27:15,15 29:7,8,9 35:9,23 37:24 38:1,5,6,9,11,12 38:13,16,20,21 39:5,9,16,20,21 39:22,22 40:10,12 40:15,16 41:18 44:25 45:8,10,10 45:18,22,23 46:4 46:6,19 47:1,3,19 56:25 57:11 62:8 62:22 64:20 65:20 66:7,12 68:2 78:22 79:16 80:15 81:7 leased 7:6 11:21 21:11 31:9 41:8 41:10 46:12 54:16 55:1,5 leases 20:22 leasing 11:1 20:8 leave 30:11 leaving 28:20 Lee 28:7,7 35:13 48:5 left 17:23 28:17,18 30:9,10 63:10 65:13,17 67:14 68:8 69:18 let's 7:18 28:13 35:10 52:3 68:21 72:2,2 Letter 3:11,19 Lewis 69:9 liability 1:7 license 70:19,20 71:1 licenses 40:14 life 9:16 limited 1:7,11 25:17 line 5:11 27:1,2 51:20 52:13 72:9 list 43:20 listed 29:19 58:4 62:11 63:4 64:4 70:10 80:5,7 listen 32:18 listing 3:10,17,18 3:21 35:7,8 41:13 57:20 60:25 63:10 63:22 64:3 69:17 69:23 79:24 literature 70:8 litigation 16:4,8 83:12 little 13:15 LLC 1:5,7 2:3 6:12 82:25 LLP 2:7 3:12 location 60:17 lockers 11:11 log 43:15 logical 49:6 Loidolt 41:25 42:11 43:2,3,5 44:16 69:21 70:9 80:1,1,2,3 long 6:1,9,17 7:22 8:23 9:11 41:18 46:2,4 74:7 look 11:6 13:12,14 21:17 22:9 25:25 27:15 39:15 40:22 40:24 42:9,21 44:4 45:9,13 46:22 48:18,20 49:1 51:20 56:24 65:20 71:21 looked 18:25 20:21 24:17 35:15 37:18 45:10 46:3,6,7,9 50:17 56:11 67:8 67:12 looking 20:18 21:9 21:10,25 22:21 24:10,22 25:6 27:13 32:18 35:5 53:20 71:18 72:22 72:25 looks 22:2 47:15 69:20 LoopNet 3:10,17 3:18 35:7,9 57:20 57:22,24 70:8 lot 33:7 lower 22:1 62:3 Lucas 69:1,10,11 76:17 M M 75:4 machine 83:7 maintain 37:23 making 56:15 managed 9:10 Management 1:10 3:13,15 4:20 manager 6:14 12:8 12:23 27:6 manufacturing 9:4 mark 17:9 21:6 24:6 34:23 37:14 45:4 50:25 57:16 62:17 67:16 71:15 72:4 marked 18:20,22 21:5 24:5 34:25 37:16 45:3 50:12 51:1 57:15 62:19 67:18 69:15 71:14 market 27:22 28:12,21 29:6 Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 28 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. Page 89 41:18 64:14 marketing 7:12 28:18 31:2 44:19 61:2 70:8 79:24 materials 37:18,21 matters 83:7 mayor's 49:25 mean 16:20 20:15 28:19 31:24 36:16 46:7 57:5 61:25 63:24 Meaning 77:24 medical 3:11 12:13 36:3,6,10 41:4,6 52:24 55:20 58:3 58:22,24 61:20 62:16 78:11 meet 32:25 meetings 33:1,3 Melanie 12:7,21,22 18:5 member 6:14 mention 63:8 mentioned 25:16 31:20 33:19 37:17 48:6 60:24 met 4:19 19:22 methadone 64:21 Michael 32:1,5 mid- 32:20,20 middle 22:20 Mikulas 1:4,5,7,14 3:2,12,19 4:5,13 4:18 6:12,15,17 15:18 16:5,18 18:21 19:6,14 20:2,5 22:14 78:14 81:9 82:1,9 82:13,25 83:6 Miles 47:14,15 mind 44:14 75:14 Mine 70:23 minimal 13:24 minus 13:3 minute 56:25 missed 33:5 Misstates 51:14 misunderstood 14:25 MLS 70:8,11 80:7 modification 21:18 21:21 modifications 25:24 moment 22:13 62:21 73:19 monetary 75:18 78:24 79:5,18 money 75:15 month 32:16,18 months 41:20 Monument 4:16,17 6:3 9:7 10:10,11 34:10,11 48:7 49:10 51:5 morning 4:19 5:1 Mountain 12:13,16 12:20 13:18 14:4 14:5 16:24 17:23 28:13,17 52:24 54:22 62:16 move 18:16 moved 28:13 movement 17:17 Mt 3:11 multiple 41:21 MV 30:8,9 39:6 40:19 MVP 80:15 N N 2:1 3:1 name 4:11,18 7:19 7:20,22 12:24,25 32:1,2 42:1 43:20 43:21,21 National 7:21,24 16:10 nature 77:11 necessarily 57:8 necessary 60:16 need 5:8,20 69:8 needed 26:20 34:5 negotiable 61:23 62:1,5 negotiated 66:9 negotiating 16:21 39:20 negotiation 40:9 negotiations 18:1,3 18:13 40:3 45:9 45:15,24 46:2 47:18 never 23:4 26:3 34:20 46:6,7 47:16 51:3 56:8 57:4 new 22:5 27:20 30:5 37:9 59:6 newly 59:1 nine 41:19 nods 5:16 Notary 1:16 82:19 83:4 note 22:15 34:2 noted 23:2 notes 68:17 notice 1:14 3:6,20 19:3 57:21 noting 22:16 November 28:14 number 10:17 43:21 O oath 5:4 Object 17:15 51:13 54:12 55:7,25 58:18 74:22 observations 68:10 obviously 41:6 occasion 54:20 occupant 6:25 occupied 7:15 8:4 25:13 27:5 79:25 occupy 8:8 occurred 49:11 56:13 71:24 odds 54:10 offhand 36:13 60:13 69:6 office 3:8 7:9 8:14 10:14 11:1,8 12:7 12:23 13:10 15:23 15:24 37:7 43:10 44:13 48:7,11 49:25 58:2,3,3,13 58:16,19,20 61:10 61:17,19 78:11 offices 2:3 10:9,12 10:18 11:9 13:10 15:24 30:21 41:7 46:9 Ogden 28:2,3,8 29:6,18 31:7 35:13 46:14 47:22 48:4 Oh 69:11 77:4 okay 4:23 5:7,11,17 5:18 6:1,21,24 7:7 8:10,14,20,23 9:1 9:11,15,20 10:2,5 10:10,14 11:4,21 12:2,5,19 13:1,14 13:25 14:3,24 15:4,7,13 16:1,4 16:13,20 17:3,12 17:20,22,25 18:3 18:19 19:22,25 20:20,24 21:4,9 21:12,16,20,23 22:3,8 23:2,11,15 23:17,21 24:9,14 24:16,21 25:15,23 26:11,14,22,24 27:8,13,19 28:3,6 28:11 29:9,12,17 29:21,24 30:14 31:1,7,11,17 32:9 32:14,23 33:19 34:1,9,13,20 35:11,16,19,22 36:4,10,20,24 37:4,10,14 38:4,8 38:15,19,21,23 39:10,13,15,19,25 40:5,8,18,22 41:9 41:12,17,21,24 42:9,14 43:2,12 43:15,19,23 44:3 44:6,16 45:2,7,13 46:2,18,25 47:17 48:13,22 49:4,8 49:13,18 50:4,9 50:16,19,24 51:4 51:7,19 53:3,11 53:14,19,23 54:5 54:19,23,25 55:22 56:4,6,10,14,24 57:3,7,14,19,21 58:1,10,15,23,25 59:5,10,12,21 60:18 61:17,20,22 62:2,4,11,14,17 63:5,24 64:2,4,14 64:20,24 66:8,14 66:17,20,23 67:2 67:5,13 68:1,7,19 69:5,14,22 70:1 70:12,14,22 71:7 71:13,21 72:8,14 72:17,20 73:19,23 73:25 74:4,24 75:4,10,13 76:1 77:1,9,13 79:23 80:13,23 old 10:19,20 on-site 26:12 once 31:21 53:20 one-man 78:13 open 11:8 22:18 74:25 open-span 77:8,10 78:6 operated 34:20 Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 29 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. Page 90 operations 20:5 opposed 55:6 option 15:2,11,11 order 19:23 59:24 78:5 79:6 ordinances 48:19 organization 28:9 original 40:17,18 45:17 78:22 79:2 originally 39:5 69:21 79:7 outcome 83:11 outline 24:13 71:25 owned 6:19 owner 9:19 35:24 ownership 16:11 17:13 20:1 owns 6:10 P P 2:1,1 P.O 4:15 9:9 11:12 P1 22:1,25 page 3:2 8:2 19:10 21:24,24 22:2,10 22:21,25 24:9,11 24:12,17 25:2,20 30:9 40:25 56:20 56:24 58:15,17 65:22 66:20 72:3 74:1 77:15,22 78:7 pages 23:2 paid 74:10 Palmer 9:10 paper 50:7,20,20 papers 47:23,24 49:18,20 50:16 part 7:16,17 14:10 14:16,17 18:17 21:2 23:3 27:14 68:23 81:4,8 partial 55:14 particular 20:21 21:23 34:15 68:9 68:16 69:12 73:1 76:12 particularly 36:12 parties 83:7,11 partner 16:10 partnership 1:11 party 16:5 pass 17:22 pay 32:3 payments 32:3 Peak 70:11 Peck 32:7,14,24 33:11 34:3,3 49:12,15 Pediatric 3:8 Pediatrics 11:15 12:6,11,24 21:11 23:13 52:24 54:21 Pelton 2:3,3 17:15 39:13 51:13 54:12 55:7,25 58:18 74:22 79:10 81:1 81:6 pen 71:23 pending 70:25 people 8:16 31:21 39:23 49:16 55:12 68:23 76:14 77:24 78:10 percent 64:8,12,18 period 12:12 periodically 26:19 27:10 permits 45:18 person 26:13 31:25 63:3 person's 43:21 personal 30:12 34:16 62:9 personally 16:5 63:18 pertaining 38:13 pharmacy 68:13 phone 34:3 43:21 Photographs 3:22 photos 67:5,7,13 71:19 72:22,23,25 73:1,4 physical 9:8 52:2 physically 28:24 43:1 56:22 pick 22:24 Pikes 70:11 place 13:22 14:22 29:23 72:5 83:8 Plaintiff 1:8 2:2 3:7 plan 21:18 22:5 23:10,12,19 35:23 36:16 planned 30:3 plans 3:8,9 13:5,12 21:10,13,14 23:4 23:22 24:17 26:1 26:1,4,4,5,6 27:13 46:25 47:4,7 56:9 56:22 57:4,5 please 4:12 plumbing 22:4,5 51:22,23 plus 13:3 43:25 point 4:17 12:6 15:8 29:3 42:6 74:21,23 76:10 portion 8:5,8 possible 37:8 Possibly 61:18 78:10 post 7:9 11:8 63:22 64:4 postal 6:23 10:25 11:10,19 posted 80:14 potential 76:15 77:7 practice 12:14,22 predecessor 39:6 40:20 premises 17:23 54:7 59:25 prep 19:23 prepare 19:17 prepared 17:1 25:4 47:1,7 57:24 62:22 preparing 21:1 23:22 39:20 present 29:17 pretty 13:24 33:11 previous 9:24 20:18 49:6 52:11 52:18 83:5 price 45:20,21 primary 12:6,19 prior 9:18 10:3 16:4 19:1 28:19 31:7 34:19 35:9 39:9 40:1 52:20 62:22 63:12 81:7 private 15:23,23 probably 14:22 28:16 38:12 44:1 61:12,16,21 71:6 problem 49:7 problems 17:14,17 Procedure 4:3 proceedings 4:1 81:11 83:9 process 71:20 product 28:19 production 81:1 Professional 1:16 83:4 progress 27:11 properties 10:22 property 6:2,5,7,10 6:19,22,25 7:5,6,8 7:15,16,17,18 10:25 17:13,14 19:20 20:9 21:11 27:5,5,21,21 28:11,15,21 29:5 29:10,13 31:2,8 33:25 34:14 36:11 40:17 41:17 42:15 43:1,11 45:16 46:7,10 48:21 49:12 50:5 51:12 53:16 54:20 56:16 62:12 63:4 65:15 65:18 66:24 67:2 67:6,6 68:9,15,23 69:18,19 70:10 78:21 79:24,25 provide 38:4 76:6 80:25 provided 15:1 39:23 59:5 65:7 76:3 79:2 80:16 81:4 provision 65:23 public 1:16 49:9 63:19 64:22 82:19 83:5 pull 59:23 pulled 59:16,22 purchase 11:3 purchased 41:5 purposes 61:2 pursuant 1:14 3:7 4:2 put 27:21 28:15,21 29:5,10 40:10 52:5 55:24 59:2 59:14 68:24 Q question 5:21,24 7:8 51:16,17 77:20 78:2 79:14 question-and-ans... 5:3 questioning 5:11 questions 5:4,14,20 20:17 26:20,24 27:12 83:9 quite 33:5 R R 2:1 range 62:4,5 Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 30 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. Page 91 rate 44:24 45:22,23 61:23 62:8,15 64:8 reach 27:20 47:22 49:23 reached 50:1 reaction 64:22 read 35:18,20 77:18,20 82:2 reading 47:12 83:16,17,18 real 10:5 70:20 80:6 really 18:15 22:7 25:18 36:13 45:25 51:21 Realtime 1:16 83:4 realtor 48:4 Realty 3:21 42:6 69:24 reason 5:19 41:5 51:10 64:11,13 reasonable 65:14 66:25 rebuild 54:7 recall 6:22 14:19 17:8 18:7 20:23 23:14 26:5,24 27:8 29:22 32:13 34:7 38:6,18 39:10 40:8,12 47:21 62:23 67:7 68:6,18,19 69:6 72:18 73:10 76:18 recarpeted 14:17 recarpeting 15:14 received 46:12 reception 13:8 recognize 18:22 21:7 24:7 25:20 45:5 71:16 recollect 14:12 21:20 29:1,24 30:2 32:15 33:22 34:15 44:8 45:10 45:14 46:4 68:9 recollection 9:13 12:18 13:20 17:7 17:21 26:3 31:19 37:11 63:2 69:12 reconstruct 53:16 record 4:11 33:8,9 red 71:23 reduced 83:8 reference 3:5 22:6 34:2 referring 36:22 75:17 reflect 47:18 reflected 53:17 58:17 reflective 23:8 reflects 51:4 refresh 37:11 63:1 refrigerator 30:24 regarding 48:19 67:23 68:10 Registered 1:16 83:4 related 83:11 relation 83:6 remain 15:15 18:1 remained 12:22 23:9 30:14 remember 11:24 12:24 13:5,22 17:10 46:13 68:21 remodeled 37:6 remove 33:25 51:23 removed 11:14 34:14 56:2 60:5 renovation 59:9 rent 20:8 38:24 39:2,4 44:20,21 44:24 rental 61:23 64:8 rented 13:3 15:18 62:10 rep 10:1 repainted 14:16 repainting 15:14 repair 52:8 rephrase 5:20 47:2 replace 17:18 replaced 51:24 52:23 replacement 52:9 reported 50:7,7 reporter 1:16,16 5:15 42:2 83:4,4 REPORTER'S 83:1 represent 4:19 representative 19:6 19:13,18 79:13 represented 63:19 request 80:25 requested 19:21 80:21 83:16 requesting 80:22 require 53:16 54:7 required 83:18 requires 66:23 requiring 79:6 rerouting 52:3,4 research 65:5 Resource 7:21 response 4:8 68:5 responses 80:10 rest 5:9 25:17 Restate 77:16 restaurant 37:7 58:3 61:15 restaurants 44:12 result 64:22 retail 37:7 44:9 retain 42:11 65:9 retainer 74:11,12 74:16 75:12,13,14 75:18 return 40:17 59:25 78:21 79:2,7 returning 45:16 review 35:14 39:8 reviewed 19:19,20 20:15 39:23 51:2 revoked 40:14 Richard 26:12 right 6:1,7,21 7:3,5 7:13,17 8:4 10:8 10:21,24 15:13 16:4,17,21 17:1 18:13,25 19:1,3,9 20:7,13,20 22:3 22:22 23:7,17,21 25:11,25 27:8,15 27:19,24 31:7,14 31:17 33:13,17 35:3,25 36:1 37:4 37:7,10,23 38:9 38:15 40:5 41:19 47:6,14 48:23,25 49:8,22 51:10 53:3,9,19 54:1 55:4,15,16 56:10 56:18 57:7 58:1,8 58:12,25 59:16 60:20,25 61:4 63:7,9,13,25 64:2 64:7 65:9,25 66:9 66:17,23 67:22 68:2 70:1,6,15 71:7 72:14 73:14 74:24 75:4 76:3 77:9,13 78:5,12 right-hand 22:1 Robert 1:4,14 3:2 4:5,13 82:1,9,13 83:6 Rock 48:8,12 Roman 19:11 roof 17:16,19 52:8 room 5:9 13:11 15:20,21 30:16 rooms 13:6 25:17 30:18 52:8 53:21 Rothschild 2:7 Rule 1:4,14 81:4 rules 4:2,25 Run 52:12 running 8:20 S S 2:1 safe 34:17 sale 11:2 29:6,10 sales 10:1 salespeople 15:22 saw 46:19 56:8 57:4,10 77:2 says 22:1 35:22 63:17 79:10 schedules 73:22 schematic 25:4 53:17 54:8,11 schematics 30:23 Scully 32:10 33:20 34:13 second 25:20 56:20 72:3 section 65:23 66:20 73:24 74:1,1 security 59:13 60:15 61:9 63:6 63:13,21 65:7,10 see 19:10 22:10 23:8 24:16 26:4,6 26:19 27:11 28:13 35:10 37:20 40:25 44:5 51:4,6,7,9 52:3 53:11 56:19 56:22,22 57:8 58:5 68:21 69:25 77:3 78:7 seeing 49:18 seeking 79:11 seen 50:9 51:3 select 28:8 sell 29:16 Send 81:1 sense 54:14,15 64:21 65:23 78:13 sentence 35:22 sentiment 49:9 Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 31 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. Page 92 separate 48:25 service 6:23 10:25 11:19 services 70:9 session 5:3 set 32:3 57:5 setup 55:20,21 seven 8:18 13:6 sewer 13:6 shared 25:16 sheet 21:24 sheets 22:4 shorthand 83:8 show 7:25 8:1,4,20 15:18 16:11,17 25:13 34:23 43:11 50:24 57:16 69:16 76:19,19 show's 25:8 36:21 showing 43:1,22 44:7 46:16 53:22 79:24 showings 29:1,18 29:23 30:6 37:12 42:14,16,20,25 43:13,24,24 44:1 44:5,17 46:14 68:7 70:7 shown 24:23,25 30:22 showroom 58:3 sic 42:3 side 8:9 11:16,16 14:17,17 22:2 23:13,15 54:24 56:2,3 71:20 72:8 72:10 sides 80:12 sign 56:21 77:2 80:11 signature 82:13 83:13 signed 40:16 46:20 56:19 57:10 64:20 76:1 significant 55:22 Signing 83:16,17 83:18 signs 80:5,7,11,12 silent 80:3 simple 75:14 single 36:18 sink 22:19 sinks 30:17 sit 35:17 site 56:23 80:6 sits 36:11 situation 49:14 six 15:22 sizes 35:24 slots 11:10 sole 6:14 somebody 9:20 36:9,18 soon 68:12 sorry 14:24 43:4,7 69:11 71:11 sought 19:5 sound 17:4 sounds 33:10 South 2:4 space 8:5,14,17 10:14 13:9 18:1 25:13,16 34:21 35:23 36:21 40:24 42:15 44:7,19 46:3 47:9 48:14 54:17 55:5 58:2 58:12,19 63:10 67:14 68:11 73:4 78:11,11 79:2,7 spaces 25:17 spanned 7:3 speak 31:19 67:22 specific 17:18 44:5 66:2 specifically 20:16 34:7,17 42:22 53:24 56:8 58:4 60:24 70:23 76:18 specifics 50:6 specified 15:6 spell 42:1 spelled 17:10 spellings 42:10 spent 50:4,8 spoke 31:15,25 49:15 spoken 31:17 Springs 2:4 9:9 28:10 48:7,9,11 square 8:10,11 10:17,19 11:18,22 11:24,25 15:17 36:25 44:23 62:12 62:14 64:5 square-foot 44:21 ss 83:2 staff 15:25 54:3 stage 73:19 stake 20:2 start 28:18 76:13 started 28:21 32:21 49:21 starting 19:9 state 4:6,11 40:17 40:18,19 71:7 73:2,3 82:15 83:2 83:5 states 1:1 67:1 78:22 step 7:18 storage 13:11 15:20 store 44:9 Street 1:15 2:4,7 6:2 10:13 strictly 18:5 29:8 32:3 43:8 structure 41:14 study 64:15 stuff 11:11 37:11 subject 66:15 submit 81:3 submitted 43:18 subscribed 82:14 successor 27:5 suggest 63:22 suggests 63:9 suit 35:24 suitable 36:12 Suite 1:15 2:4,7 summer 33:15 34:14 supervisor 18:6 supported 64:17 sure 4:23 27:18 28:15 35:15 42:20 48:4 54:6 59:17 61:2 80:21 surrounding 60:19 sworn 4:6 82:14 83:6 system 59:14 60:15 61:9 63:13 T T 75:4 80:3 take 5:8,11,15 11:23 25:12 30:10 30:24 39:13 65:20 67:5 71:22 73:4 74:7 taken 1:14 4:2,21 67:13 72:5 83:7 talk 6:5 8:1 20:25 61:8 talked 4:23 20:14 65:22 talking 6:6 10:15 20:25 22:15 29:18 36:24 40:1 49:16 50:20 54:19,21 72:12 73:25 talks 36:20,25 37:4 38:24 59:13 63:5 tc 82:25 tear 65:14 66:25 Tejon 2:4 telling 59:21 tenancy 12:10 66:21 tenant 11:5,16 13:2 13:16,19 14:8,12 14:25 15:5,14,19 16:1 27:20 30:3,5 30:9 35:25 36:2,8 37:9 52:11,17,18 52:20,25 54:25 55:1,5,23 56:15 57:11 tenant's 52:20 tenantable 66:24 tenants 68:10 tenth 15:8 Teresa 1:16 77:19 83:4 terminate 45:18 68:2 terminated 41:18 termination 3:20 67:24 terms 16:9 21:1 30:14 36:12 37:11 40:2 44:20 49:13 51:12 55:23 56:6 75:2,5 78:14 79:16 testified 4:7 testify 19:14 83:6 testifying 79:12 testimony 14:25 19:5,18 21:1 40:1 46:18 47:7 62:20 62:21 64:24 65:4 70:25 79:15 82:4 83:9 testing 9:25 Thank 69:11 thing 51:22 52:5 things 5:16 20:9 27:3 30:13 32:4 40:14 45:18 56:3 65:12 think 12:3 36:11 Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 32 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. Page 93 42:6,21,23 46:19 48:6 56:5 57:1 60:14,16,21 65:3 69:2 70:2 74:8 79:8 thought 43:6,7 three 8:19 15:21,23 15:23 43:10 74:8 80:12 three-year 12:12 time 6:20,24 8:18 9:21 11:2 20:7,8 28:16 29:3 31:8 33:5 34:4 36:2 39:1,3 46:3,4,11 47:12 49:22 52:22 69:18 74:6 75:9 76:2 81:10 83:8 times 42:5 47:21 54:16 today 5:4 8:2 19:1 19:18 35:17 36:4 36:11 61:8 78:17 79:13,15 today's 5:7 19:23 Todd 28:2 35:13 told 66:8 74:17 top 3:21 44:15 topics 19:4,10,11 19:15 tops 8:19 30:20,20 total 11:18 51:7 totally 77:24 touch 78:15 town 18:17 34:10 49:23 track 42:25 43:12 43:16 transcript 83:9 transcription 82:3 translate 5:16 Tri-Lakes 50:22 trial 79:14 Tribune 50:22 true 77:14,21 82:3 83:9 truth 4:6 83:6 trying 13:5 turn 65:22 turned 21:23 66:24 67:2,6 twelfth 15:9 Twice 54:18 two 15:21 25:16,17 27:11 45:25 68:22 71:8 two- 12:12 Tyco 53:5 type 20:19 58:12 61:18 types 58:2 typewritten 83:8 typical 11:8 U U-s-e-m-a-n 17:11 U.S 6:23 7:9 10:25 Um-hum 38:10 51:25 52:15 um-hums 5:16 unable 27:20 understand 5:4,19 6:6 19:7 20:1 48:13,16 49:14 51:15,17 73:15,15 73:18 understood 5:23 56:14 62:20 65:3 70:17,24 unit 36:21 UNITED 1:1 units 52:2 Unknown 76:10 upgrade 59:13,14 63:6 upgraded 60:15 63:12,16,20 upgrades 13:22 upwards 64:7 use 5:8 36:12 41:11 41:15 48:19,19 55:12 60:8,11,23 61:6,20 64:21 65:1 76:15 77:7 Useman 17:9,10 user 54:10 60:22 users 60:9,14 uses 58:11 61:7 utilities 32:4 V v 1:9 vacate 39:2 vacated 28:24 42:15 62:16 65:18 value 60:7 variety 13:4 various 19:4 35:24 68:20 verbally 5:14 veterinarian 44:10 44:10 View 3:11 12:13,16 13:18 14:4,5 16:24 17:23 28:13 28:17 54:22 62:16 View's 12:20 vision 36:1 77:25 visit 32:14 visual 68:24 76:14 visualize 69:8 77:7 visually 68:24 W waiting 13:8 waived 83:17 Wakefield 69:2 walked 68:12 wall 22:6,17 23:3,4 24:2,19,23 36:18 53:25 want 5:10 22:6,10 29:16 54:5,6,22 59:16,22 60:3,9 60:14 68:22 71:25 72:11 81:7 wanted 20:17 36:18 37:9 40:24 78:11 wants 36:9 54:11 Washington 10:13 water 13:6,11 27:1 30:18 way 17:4 22:19 36:19 38:8 77:4 77:14,22 78:7 79:7 we'll 6:6 8:1 25:25 34:23 39:15 42:9 81:2 we're 6:6 7:24 23:18 24:22 25:2 25:6 27:13 30:8 53:14 54:5,21 72:12,22 79:11,14 we've 6:19 wear 65:14 66:25 weeks 27:11 72:19 went 26:19 46:4 47:20 63:10 69:7 weren't 40:1 west 56:3 WHEREOF 83:13 wife 6:16 21:2 39:24 70:19,24 78:14 window 46:5 windows 52:4,5,6,7 52:7 WITNESS 83:13 Woods 26:12,15 53:6,8 59:9 word 63:8 words 30:10 58:8 63:16,24 work 9:20 13:9 22:5 30:22 54:2,2 worked 10:3 28:4 working 8:16 54:3 written 15:10 16:19 75:23 wrote 35:11 X X 3:1 83:16 Y yeah 10:17 11:13 31:5,25 38:22 47:3 55:10 63:3 64:1 71:22 72:4 75:16 77:17 year 15:9 32:19 years 8:19,25 9:14 49:6 71:9 Z Zip 4:16 zoning 48:18,20 49:25 64:25 0 1 1 3:6 18:20,22,23 24:9,17 58:17 77:15,22 78:7 1,466-square-foot 36:21 1:16-cv-02874-R... 1:2 10 3:18 44:1 62:18 62:19,21 10.02 65:23 66:2,15 10:00 1:15 102 2:4 11 3:19 67:17,18,19 67:23 68:5 11:44 81:12 1100 2:4 12 3:21 44:23 62:6 69:15,16,17 12-to-14-square-... 62:8 1225 1:15 2:7 13 3:22 11:21 71:14 71:16,16,18 72:23 Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 33 of 38 ROBERT F. MIKULAS - 5/19/2017 Mikulas Investments, LLC v. Colonial Management Group, L.P. scheduling@huntergeist.com * 303-832-5966 * 800-525-8490 Hunter + Geist, Inc. Page 94 14 62:6,12,14 64:5 1400 36:25 146 53:7 15 31:4 49:6 16 62:12,14 64:5 169,000 51:21 17 12:4 17- 15:17 1700 11:25 12:3 36:24 1771 4:15 17th 1:15 2:7 18 3:6 1800 8:11 12:2,4 15:17 36:25 19 1:5,15 3:2 66:20 192 6:2 1998 6:20 7:9 8:5 15:15 16:2 23:9 23:18 19994013288 83:5 19th 81:13 1st 83:13 2 2 3:8 21:5,7,7,24 22:10,21,22 23:2 23:3,8,22 24:18 40:23 74:1 20 8:25 71:9 2001 12:16 14:21 2009 14:23 15:4 2010 14:23 15:4 2014 31:3,4 37:12 49:1 2015 8:5 15:15 16:2 17:14 23:9,18 31:3 32:7,14 37:12 49:2 60:1 2016 32:10 33:20 2017 1:5,15 3:2 81:13 82:16 83:13 2019 83:14 2050 11:22 21 3:8,21 2200 1:15 2:7 23 8:25 24 3:9 83:14 24.01 66:20 25 64:8,12,18 250,000 50:8 26 81:4 273 10:13 3 3 3:9 24:5,7,7,9,23 25:7,21 27:14 40:23,25 53:15,17 54:8 56:19,20 58:15,17 71:22,22 72:3 74:2 77:15 77:23 78:8 3/25/14 3:12 30(b(6) 1:14 30(b)(6) 1:4 3:7 19:18 3000 13:2 34 3:10 35 42:22 43:23,23 43:24,25,25 68:7 68:20 37 3:11 4 4 3:3,10 34:24,25 35:1,6,12 427,000 51:8 45 3:13 46:13 460 4:17 48 45:11 4851 11:20 5 5 3:11 22:2,25 23:3 37:15,16,20 5,000 74:13 5/19/17 82:25 50 3:15,16 57 3:17 6 6 3:13 45:3,5,5 62 3:18 67 3:19 69 3:21 7 7 3:15 50:12,13,14 71 3:22 8 8 3:16 50:25 51:1,2 51:3 53:4 8/29/16 3:20 800 10:19 80132 4:16,17 80202 1:15 2:8 80903 2:4 8940 53:5 9 9 3:17 57:15,17,17 61:22 65:22 90s 70:23 71:6 94 16:8 95 16:8 98 7:7 17:13 Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 34 of 38 Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 35 of 38 Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 36 of 38 Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 37 of 38 Case 1:16-cv-02874-RPM Document 24-5 Filed 06/30/17 USDC Colorado Page 38 of 38