trophy real estate investment...

JAROD PATEBroker(720) [email protected]

TROPHY REAL ESTATE INVESTMENT OPPORTUNITY

HIDEAWAY STATION WINTER PARK

A Net-Leased Mixed-Use Development

78331-78337 US Highway 40

Winter Park, Colorado 80482

Exclusively Presented by:

PAUL DECRESCENTISPresident(303) [email protected]

JAROD PATE Broker(720)[email protected]

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INVESTMENT OPPORTUNITY

DePaul Real Estate Advisors has been selected as the exclusive advisor for

the sale of Hideaway Station Winter Park, the commercial portion of a

newly built mixed-use development in Winter Park, Colorado.

This trophy investment property is 100% occupied by retail and service

businesses including a grocery store, liquor store, real estate office and

design showroom. All are long-term tenants that cater to the surrounding

residents and thousands of tourists that visit Winter Park each year. Its

central location on US Highway 40 (a.k.a. Main Street), which is the main

thoroughfare, provides excellent visibility and walkability to nearby

residential areas, restaurants, and entertainment.

STRONG FUNDAMENTALS

• Best in Class Asset

• New construction

• This development won the Governor’s Award for best new addition to downtown.

• Iconic architecture – a local landmark

• Energy efficiency features

• Daily needs retail and internet resistant tenants

• Extensive residential development in surrounding area

• Minimal landlord management

• All long-term leases

• Low price per foot

• Excellent access and visibility

• No maintenance cost parking structure

PROPERTY ADDRESS 78331-78337 US Highway 40 Winter Park, Colorado 80482

PROPERTY TYPE Commercial Component in Mixed-Use Development (fee interest)

OCCUPANCY 100%

SALE PRICE TBD by Market

PSF Expected to be below replacement cost

NOI $371,760

LEASES EXPIRE 2027, 2028

TERMS All Cash or New Financing

GROSS BUILDING AREA19,000 SF - Free standing grocery store7,603 SF - Mixed use retail & office__________26,603 SF Total

YEAR BUILT 2017-2018

PARKING Shared Parking Structure(no maintenance cost or responsibility to owner or tenants)

HIDEAWAY STATION

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HIDEAWAY STATION

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40 residential condos SOLD OUT

40 residential condos – 120% PRE SOLD (oversubscribed)

12,000 SF commercial – PRE LEASING NOW

SUBJECT PROPERTY

CONTACTS

PAUL DECRESCENTISPresident(303) [email protected]

JAROD PATEBroker & Loan Advisor(720) [email protected]

4500 Cherry Creek Drive South, Suite 860Denver, CO 80246-1537

Office (303) 333-9799www.depaulrea.com

4500 Cherry Creek Drive South, Suite 860 | Denver, Colorado 80246 | Phone: (303) 333-9799

RE: CONFIDENTIALITY, DISCLAIMER AND DISCLOSURE

Dear Sir or Madam:

You have expressed interest in a potential transaction (the "Transaction") whereby

___________________________________________ ("Potential Buyer") would purchase from Winter Park Development

CO, LLC (“Owner”) certain property located at 78331 & 78337 US-40 Winter Park, CO 80482, Colorado (the "Property").

In connection with the Potential Transaction but subject to the Potential Buyer's agreements as set forth herein, the

identity of Owner, tenants, the location of the Property, and terms of agreements between Owner and third parties ("Third

Parties") will be provided to Potential Buyer and the Potential Buyer will be provided with certain information and materials

pertaining to the foregoing and other matters related to the Property and the tenant’s business. In furtherance thereof, it is

necessary that the Potential Buyer execute below, acknowledging its agreement to comply with the following terms and

conditions regarding the confidential nature of these discussions and negotiations and all of the materials and information

to be provided to Potential Buyer in furtherance thereof.

Specifically, it is hereby agreed that all materials and information provided to Potential Buyer shall be used solely

for the purpose of evaluating the Transaction and not in any way directly or indirectly detrimental to the Owner, the tenant

or the Third Parties or in competition with the Owner, the tenant or the Third Parties and, such materials and information,

including without limitation, all financial information, shall be kept and maintained in the strictest confidence by Potential

Buyer and its agents, employees, representatives and advisors and shall not be disclosed, verbally or in writing, to any other

person or entity either now or at any time in the future, except that Potential Buyer may disclose the materials or applicable

portions thereof to those of its directors, officers and employees and representatives of its advisors who need to know such

information for the purpose of evaluating the Transaction (it being understood that those other persons will be informed of

the confidential nature of the materials and will agree, in writing, to be bound by this agreement and not to disclose the

information to any other individuals). Without limiting the generality of any of the foregoing, Potential Buyer, for itself

and its affiliates and their respective agents, employees, consultants, attorneys, and brokers shall keep and maintain in strict

confidence all terms and conditions regarding the Transaction, including all financial, business and proprietary information,

and shall not disclose the same to any other person or entity except as expressly provided herein.

The information prepared by Broker and by Owner does not purport to provide a necessarily accurate summary of

the Property or any of the documents related thereto, nor does it purport to be all-inclusive or to contain all of the information

which Potential Buyer may need or desire. All projections have been developed by Broker and designated sources and are

based upon assumptions relating to the general economy, competition, and other factors beyond control and therefore are

subject to variation. No representation is made by Broker or the Owner as to the accuracy or completeness of the information

contained herein, and nothing contained herein shall be relied on as a promise or representation as to the future performance

of the property. Although the information contained herein is believed to be correct, the Owner and its employees disclaim

any responsibility for inaccuracies and expect prospective purchasers to exercise independent due diligence in verifying all

such information. Further, Broker, the Owner and their employees disclaim any and all liability for representations and

warranties, expressed and implied, contained in or omitted from the offering memorandum or any other written or oral

communication transmitted or made available to the Potential Buyer. The information provided shall not constitute a

representation that there has been no change in the business or affairs of the property or the Owner since the date of

preparation of such information. Analysis and verification of the information are solely the responsibility of the Potential

Buyer.


By accepting the information, you agree to indemnify, defend, protect and hold Owner and Broker and any affiliate

of Owner or Broker harmless from and against any and all claims, damages, demands, liabilities, losses, costs or expenses

(including reasonable attorney’s fees, collectively “Claims”) arising, directly or indirectly from any actions or omissions of

Potential Buyer, its employees, officers, directors or agents.

The Owner and Broker each expressly reserve the right, at their sole discretion, to reject any or all expressions of

interest or offers regarding the Property and/or to terminate discussions with any entity at any time with or without notice.

The Owner shall have no legal commitment or obligations to any entity reviewing the information or making an offer to

purchase the Property unless a written agreement for the purchase of the Property has been fully executed, delivered, and

approved by the Owner and its legal counsel, and any conditions to the Owner’s obligation thereunder have been satisfied

or waived.

No employee of Owner or of tenants at the subject property is to be contacted without the written approval of the

Broker and doing so would be a violation of this confidentiality agreement. Potential Buyer, for itself and its agents,

employees and advisors further agrees that it shall not contact, directly or indirectly, any governmental agency having

jurisdiction with respect to the Property nor any of the Third Parties or other occupant of the Property, nor any lender of the

Property, in any way with respect to this potential Transaction without the prior written consent of Owner, which consent

may be withheld unless and until a definitive contract for the purchase and sale of the Property is negotiated, executed and

delivered, and thereafter such consent may be reasonably conditioned by Owner to effectuate the intent of these

confidentiality provisions.

In the event a definitive purchase agreement for the Property is not executed and/or a transaction is not consummated

for any reason whatsoever, all materials provided to you (and a copies thereof made by you) will be returned to Owner or

immediately deleted or destroyed.

The term of this agreement shall be for the later of (i) three (3) years, or (ii) until such a time that Owner no longer

owns the Property. The Owner and Third Parties, including tenants of the Property, are intended third party beneficiaries

of this Agreement. This Agreement and the terms and provisions hereof may be enforced by Owner notwithstanding that

it is not a party hereto. In the event of any breach of any of the terms, covenants or conditions contained herein, the

prevailing party shall be entitled to recover its costs and reasonable attorney’s fees incurred in enforcing and protecting its

rights hereunder.

Please sign below on a copy of this letter, acknowledging your receipt and agreement to the terms and conditions

hereof and return to me at your soonest convenience in order that we can deliver to you the various documents and materials

related hereto.

Very truly yours,

Paul T. DeCrescentis Jarod Pate

cc: Owner


AGREED BY PURCHASER: AGREED BY PURCHASER’S BROKER:

Company: Company:

Contact: Contact:

Signature: Signature:

Title: Title:

Date: Date:

Address: Address:

Phone: Phone:

Fax: Fax:

Email Address: Email Address:


DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE SELLER AGENCY, BUYER AGENCY OR TRANSACTION-

BROKERAGE.

BROKER DISCLOSURE

BUYER

DEFINITIONS OF WORKING RELATIONSHIPS

Seller’s Agent: A seller’s agent works solely on behalf of the seller to promote the interests of the seller with the utmost good

faith, loyalty and fidelity. The agent negotiates on behalf of and acts as an advocate for the seller. The seller’s agent must

disclose to potential buyers all adverse material facts actually known by the seller’s agent about the property. A separate written

listing agreement is required which sets forth the duties and obligations of the broker and the seller.

Buyer’s Agent: A buyer’s agent works solely on behalf of the buyer to promote the interests of the buyer with the utmost good

faith, loyalty and fidelity. The agent negotiates on behalf of and acts as an advocate for the buyer. The buyer’s agent must

disclose to potential sellers all adverse material facts actually known by the buyer’s agent, including the buyer’s financial ability

to perform the terms of the transaction and, if a residential property, whether the buyer intends to occupy the property. A

separate written buyer agency agreement is required which sets forth the duties and obligations of the broker and the buyer.

Transaction-Broker: A transaction-broker assists the buyer or seller or both throughout a real estate transaction by performing

terms of any written or oral agreement, fully informing the parties, presenting all offers and assisting the parties with any

contracts, including the closing of the transaction, without being an agent or advocate for any of the parties. A transaction-

broker must use reasonable skill and care in the performance of any oral or written agreement, and must make the same

disclosures as agents about all adverse material facts actually known by the transaction-broker concerning a property or a

buyer’s financial ability to perform the terms of the transaction and, if a residential property, whether the buyer intends to

occupy the property. No written agreement is required.

Customer: A customer is a party to a real estate transaction with whom the broker has no brokerage relationship because such

party has not engaged or employed the broker, either as the party’s agent or as the party’s transaction-broker.

RELATIONSHIP BETWEEN BROKER AND BUYER

Broker and Buyer referenced below have NOT entered into a buyer agency agreement. The working relationship specified below

is for a specific property described as:

78331 & 78337 US-40 Winter Park, CO 80482 __ _______________________________________________

Buyer understands that Buyer shall not be liable for Broker’s acts or omissions that have not been approved, directed, or rat ified

by Buyer.

CHECK ONE BOX ONLY:

Multiple-Person Firm. Broker, referenced below, is designated by Brokerage Firm to serve as Broker. If more than one

individual is so designated, then references in this document to Broker shall include all persons so designated, including

substitute or additional brokers. The brokerage relationship exists only with Broker and does not extend to the employing

broker, Brokerage Firm or to any other brokers employed or engaged by Brokerage Firm who are not so designated.

One-Person Firm. If Broker is a real estate brokerage firm with only one licensed natural person, then any references to

Broker or Brokerage Firm mean both the licensed natural person and brokerage firm who shall serve as Broker.

CHECK ONE BOX ONLY:

Customer. Broker is the seller’s agent and Buyer is a customer. Broker, as seller’s agent, intends to perform the following

lists of tasks: Show a property Prepare and Convey written offers, counteroffers and agreements to amend or extend the

contract. Broker is not the agent of Buyer.


Customer for Broker’s Listings – Transaction-Brokerage for Other Properties: When Broker is the seller’s agent, Buyer is a

customer. When Broker is not the seller’s agent, Broker is the transaction-broker assisting in the transaction. Broker is not the

agent of Buyer.

Transaction-Brokerage Only: Broker is a transaction-broker assisting in the transaction. Broker is not the agent of Buyer.

Buyer consents to Broker’s disclosure of Buyer’s confidential information to the supervising broker or designee for the purpose

of proper supervision, provided such supervising broker or designee shall not further disclose such information without consent

of Buyer, or use such information to the detriment of Buyer.

DISCLOSURE OF SETTLEMENT SERVICE COSTS. Buyer acknowledges that costs, quality, and extent of service vary between

different settlement service providers (e.g. attorneys, lenders, inspectors and title companies).

BUYER/TENANT ACKNOWLEDGMENT:

Buyer/Tenant acknowledges receipt of this document on ______________________________________.

____________________________________ ____________________________________

Buyer/Tenant Buyer/Tenant

BROKER ACKNOWLEDGMENT:

On ___________________________, Broker provided ______________________________ (Buyer/Tenant) with a copy of this

document to via ______________________________________ and retained a copy for Broker’s records.

Brokerage Firm’s Name: ___________________________________________________________________

________________________ ________________________

Broker Paul DeCrescentis Broker Jarod Pate

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