Volume 31 • Number 38 • August 15, 2013
What’s Inside
303-773-8313 • Published every Thursday
Landmark saga continues
Page 3
Broncos update plans for new Dove Valley indoor practice facility
www.villagerpublishing.com
Page 15
Colorado brewery included in documentary on sustainability
Cancer League to honor Mort and Edie Marks and family
The expansive undeveloped land from the proposed and never built European Village is immediately south of the Landmark, left, and the Meridian tower condos.
Page 19
Photo by Tom Barry
Real estate agent agrees to $100,000 settlement in Marin suit
Don’t Miss:
roadwork continues in • CDOT south metro Denver Page 11 Cherry Creek North • 5thFoodannual & Wine a sold-out success
Page 16
Arts Festival returns • Affordable to ACC Aug. 25
Page 35
Index
Page 5..................................Opinion Pages 6- 8............................. Politics Page 8............................ Classifieds Page 12..................................... digs Pages 16-21........................Fleurish Pages 22-33..........................Legals
TheVillagerNewspaper @VillagerDenver
By Tom Barry rominent RE/MAX agent Rike Palese once mingled with Colorado’s social elite promoting the ritzy Landmark condominiums during the early days of the development. Flashy and self-described “arrogant” developer Zack Davidson had held grandiose catered parties where libations flowed and no expense was spared. Palese’s real estate firm held the exclusive marketing rights for the Landmark and Meridian condominium developments in Greenwood Village, south of I-25 and Belleveiw Avenue in the Denver Tech Center. Palese also served as an elected director for the Marin Metropolitan District. In March, the Marin District hired attorney Anthony Leffert of Robinson, Waters and O’Dorisio, to file suit on behalf of the district. The filing listed the defen-
P
dants as Palese, Paul Cockrel, an attorney with Collins, Cockrel & Cole, and LeAnn Jones, a certified public accountant in Texas. The district is attempting to recover funds allegedly pilfered by Davidson. The Villager filed a Colorado Open Records Act request to obtain the lawsuit document filed in Arapahoe County Court. The Villager learned from a second CORA-requested document that on July 24, Palese signed a $100,000 out-of-court settlement and release agreement with the Marin District. In the four-page document it was noted “… The payment made under this Agreement is not to be construed as an admission of liability; and any and all liability is expressly denied. Due to a “No Public Comment” provision in the legal document, all parties to the settlement are prohibited from discussing the matter. Palese has also agreed to cooperate with the Marin District without subpoena or payment. He
will produce a copy of his files and emails related to the special district and could also appear for depositions and trials providing testimony under oath.
History of alleged fraud
The two lavish high-rise residential developments at the Landmark were the brainchild of Davidson, who acquired financing from Hypo Bank in Germany to build the two towers. Davidson also constructed the upscale Village Shops at The Landmark, a property now in receivership. Davidson then decided he would add a third pricey gem to his collection and planned to construct The European Village community immediately south of his Landmark development. In 2007, Davidson, along with Cockrel, Palese and other professionals, worked together to develop the Marin Metropolitan District. The developer had intended to finance infrastructure improvements on the undeveloped land for the European Village. Cockrel also served as legal counsel for
the Marin Board. The taxpayers for the Marin District are the residents of Landmark’s two-condo towers. They are assessed between $3,000 and $6,000 yearly from the district. Minimal improvements were done on the European Village property. That issue, along with the assessment, was part of a weeklong court trial two weeks ago in Arapahoe County. Last November, Davidson was indicted by a grand jury in the 18th Judicial District. “The basic allegation is that Davidson improperly took approximately $3.1 million in public money from the Marin Metropolitan District and used the money for private and unrelated business expenses,” said Casimir Spencer, a former spokeswoman for Carol Chambers, the previous district attorney. Davidson was charged with 20 counts of fraud and embezzlement. He committed suicide Dec. 27 in a Florida forest. Continued on page 4
Centennial voters may decide fiber optic fate Ballot question could allow city to lease system
C
By Peter Jones entennial voters are poised to decide whether their city should enter the telecommunications industry. City Council has directed its staff to draft a ballot question that would ask residents if Centennial should explore other uses for the 42 miles of publicly owned fiber optic lines that are currently used for traffic-signal operations and connecting pub-
lic facilities. If the council approves the ordinance this month, as is expected, city voters would decide the question on this November’s municipal ballot. Centennial would be the first larger Colorado city to take such a step, following the lead of Glenwood Springs, Fort Morgan and Leadville, among other smaller municipalities. Although the technical applications are known – from high-speed Internet to television – it is unclear how exactly Centennial would use its voterapproved authority to expand usage of its fiber optic network.
Partnering with the appropriate provider to get gigabyte service to all the homes in Centennial – I think that ought to be our goal. - Centennial City Councilman Ken Lucas
“I’m not sure we know exactly where this could go in the future,” District 4 Councilman Ron Weidmann said at the Aug. 5 council meeting. “But let it breathe and let it take shape. I think we need to give this thing a chance.”
Although Centennial would have broad latitude in its expanded use of the network, most councilmembers think it is most likely the city would forge partnerships with Internet and television service providers, thus offering financial benefits to the city while increasing competition and providing faster and higher-capacity services to Centennial’s residents and businesses. “They really want higherspeed Internet. They don’t have it. It’s impinging their growth,” District 3’s Ken Lucas said of Continued on page 4