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HomeMy WebLinkAboutFindings of Fact - Board of Appeals - 07/26/2013 - Regular MeetingCITY OF BRANSON Planning and Zoning Department 110 West Maddux Street Branson, Missouri 65616 Phone 417-337-8549 Fax 417-334-2391 Findings of Fact and Conclusions of Law for the Board of Appeals of the City of Branson, Missouri Project Number 13-30.1 (13-03000001): JR's Motor Inn Office Building Introduction: Based on evidence heard at a July 26, 2013 hearing, the Director of the City of Branson's Planning and Zoning Department ("Director") made a determination that the building was a dangerous building and a nuisance. An appeal of the Director's decision was filed by the owner of record, INN-2 LLC, of 101 State Drive, Hollister, Missouri, 65672 on October 11, 2013. On November 7, 2013, the Board held a hearing regarding the owner's appeal of the Director's decision. Findings of Fact: 1. The building in question is located at 1944 West Highway 76, in Branson, Missouri. Its location can be seen in overhead maps, attached hereto as Exhibit A. 2. The building was damaged by an F-2 tornado that struck the City on February 29, 2012, as outlined in the Staff Report prepared for this body, attached hereto as Exhibit B. 3. The building was further damaged by a fire that took place on September 8, 2012. Investigative fire reports were performed by the Branson Fire Department following this incident, attached hereto as Exhibit C. 4. On January 7, 2013, the City procured at its own expense a structural engineer from Pinnacle Design Consultants, Ronald Hamme, P.E., who performed an inspection of the building and prepared a report that is attached hereto as Exhibit D. This report states that the building has been compromised, and is dangerous, unstable, and could partially collapse at any time. 1 5. Following the provisions of the Abatement of Dangerous Buildings section of the Branson Municipal Code, in section 22-202, City Inspector Keith Crawford posted the building in question as dangerous on January 11, 2013, and mailed notice of this fact to INN-2 LLC at P.O. Box 2635, Springfield, MO 65801, on January 14, 2013. A copy of that letter and a photograph taken by Mr. Crawford of his posting is attached hereto as Exhibit E. A copy of the relevant provisions of the Branson Municipal Code can be seen in Exhibit A of these findings. 6. Following the provisions of 22-205 of the Branson Municipal Code, the Director prepared a Notice and Order and sent said Notice and Order to the owners of record of the property and to all interested parties. That notice was sent to the property owner of record, Inn-2 LLC, P.O. Box 2635, Springfield MO 65801. A copy of that Notice and Order is attached hereto as Exhibit F. 7. The Notice and Order were also sent to all interested parties which included: a. Rocky Mountain Management LLC, 300-B East High Street, Jefferson City, MO 65101. b. Brad Poppie, 3350 Ashworth, Aurora, CO 80126. c. Robert Walford, 8227 South Holly Street, Centennial, CO 80122. d. Robert Paulson, 106 Travis Trail, Branson, MO 65616. e. Leisuretek LTD, Inc., c/o Gary Allman, 101 State Drive, Ste. 100, Hollister, MO 65672. Copies of these notices are attached hereto as Exhibit G. 8. On March 15, 2013, a title search of the property was prepared by Hogan Title Company at the expense of the City of Branson. That search showed the property owner to be INN- 2, LLC. See attached hereto as Exhibit H. 9. The GIS/Beacon website utilized by the Accessor's office of Taney County, Missouri, lists the owner of the property at 1944 West Highway 76, as INN-2 LLC, DBA: JR's Motor Inn, PO Box 2635, Springfield, MO 65801. See Exhibit I, attached hereto. 10. Following the provisions of Branson Municipal Code, Section 22-208(2), notice was sent to INN-2 LLC and the other possible interested parties on July 15, 2013, for a hearing on the matter to be held on July 26, 2013. See Exhibit J, attached hereto. 2 11. A hearing was held on July 26, 2013, before Planning Director Joel Hornickel. Evidence and testimony was taken from: (1) City Attorney William Duston, (2) INN-2 LLC's Attorney Robert Paulson, and (3) Rocky Mountain Management LLC's Attorney Andrew Bennett. Evidence was entered into the record, including fire inspection reports, engineering reports, and notices. These items are attached to these Findings of Fact and Conclusions of Law as various exhibits. 12. On September 13, 2013 the Director issued his Finding of Nuisance and Order of Abatement, which are attached hereto as Exhibit K. Those findings included numerous code violations and that the building was dangerous. The Director ordered the building be demolished and the building materials be removed from the site, and that such work be performed within thirty days. 13. Attorney Robert Paulson, agent for INN-2 LLC, filed an appeal of the Director's decision on October 11, 2013 under the provisions of Section 22-209 of the Branson Municipal Code. See attached hereto as Exhibit L. INN-2 LLC argued that the decision of the Director should be overturned because: a. The findings of fact, conclusions of law, and order were not supported by substantial and competent evidence. b. The findings of fact, conclusions of law, and order were against the weight of the evidence. 14. The Board of Appeals of the City of Branson ("Board") hearing was held on November 7, 2013. The Board heard testimony from Appellant, INN-2 LLC, by its attorney, Robert Paulson, and the Appellee, Planning Director Hornickel. Also present was the attorney for Rocky Mountain Management LLC, Andrew Bennett. 15. Mr. Paulson presented exhibits that this Board placed in the record, over the objections of City Attorney William Duston concerning Taney County Case No. 12AF-CC01073. A civil dispute over the ownership and responsibility for the building in question. Director Hornickel placed into evidence a packet prepared by the Planning and Zoning Department, attached hereto as Exhibit M (Many of the documents in Exhibit M are duplicates of exhibits already attached these findings.) City Attorney Duston requested the Board place into the record a copy of the Municipal Code, a certified copy of which was on the dais of the hearing chamber. All offered records were accepted. 3 16. When asked, INN-2 LLC had no testimony or evidence to present that was contrary to the reports of Engineer Hamme or the Branson Fire Department. Conclusions of Law 17. The City of Branson is given the authority to abate nuisances by Revised Missouri Statute 79.370. 18. The City's legislative branch, the Board of Alderman, created this Board of Appeals via ordinance, which is enshrined in Branson Municipal Code in section 22-209. The Board of Appeals has jurisdiction of matters concerning decisions of the Planning and Zoning Director on issues of dangerous buildings, nuisances, and abatements. 19. This Board hears matters de novo. Branson Municipal Code, section 22-209 states that "[fjor purposes of an appeal of an order of abatement, such appeal shall be considered a rehearing." 20. The jurisdiction of this Board is a limited one to the provisions of 22-209, which include the Director's Order of Abatement. The Director's order of abatement did not consider the question of ownership of the building, but simply the matter of the "dangerous" nature of the building itself. Issues outside of the Director's order are not within the jurisdiction of this board. Moreover, if the Director's Order had improperly considered questions of ownership, or matters thereto, such issues would be outside the scope of this Board. The matters raised by Appellant regarding the ownership and maintenance responsibilities of the property are therefore not considered in the decision of this board. Those matters are before the proper tribunal in Taney County Case Number 12AF- CC01073. 21. The Appellant argues that the decision of the Director was not supported by substantial and competent evidence. The reports, photographs, and conclusions of a structural engineer and fire marshal are certainly competent evidence. Those reports were taken into the record and accepted as such. They also went unchallenged by the Appellant and are accepted by the Board both as evidence as to the truth of the matter, and the Board gives significant weight as to their conclusions. 4 22. The Appellant argues that the decision of the Director was made against the weight of the evidence. The evidence was presented to the Board at the November 7 hearing both verbally and via document. The uncontroverted evidence was that the building is structurally dangerous and unsound. The Appellant admitted under oath that there was no evidence to the contrary. This Board finds that the evidence presented was relevant to the jurisdiction of this Board, that the building in question is structurally unsound and dangerous, and that the decision of the Director that the building be demolished is consistent with the weight of the evidence. Decision to Deny Appeal Based on the foregoing Findings of Fact and Conclusions of Law, and taking into accord all the exhibits and testimony presented to it and attached to this document as well as the arguments and evidence presented by Appellant, the Board of Appeals voted 5-0 to deny the appeal of INN-2 LLC. This Board, by the authority granted to it by Section 22-209 of the Branson Municipal Code hereby denies Appellant's request. The Chair of the Board of Appeals is hereby authorized to sign these Findings of Fact, Conclusions of Law, and Decision. These findings of Fact and Conclusions of Law are adopted by the City of Branson's Board of Appeals on 65\. Q v`- , 2013. Board of Appeals for the City of Branson, A proven as to Form 9,', evyn Rai8P0-55a-114 William Duston, City Attorney CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served upon the applicant, via First Class U.S. Mail, but sending a copy to (L% V\,{/\ - located at l (1 i-p,� (, on this day of LLoU.P.O 13 . PACL1— CA-4 eft'Plc'eiS Wei/ ‘1\i\tY\ MoLhalfved, LC, &s.\- c4, L15ID\ 6 EXHIBIT VIGH T Y MAP 1944 'W State Hwy 76 City of Branson, Wlfaissouri C.Iy at lans7a, Imlay Cordy, Rt5:30 1 Nlorn'op and Dwdaamw I Vol'F4'-��/ atitawl:1113 VICINITY MAP Cay nl IGnrdmt Luary CAumy, A4rAmm �hnnhy Ertl DVPIJf m r Llep t p 1944 W State Hwy 76 OOtaba2113 City of Branson, Missouri °tail® 1.,, " t n i c %_,.t I f !/ i Fa 0 o ;.i r::, i o o ,''' --` _, Q„ 7 01944 tate_Hwy_76 o Singl ily �"�, "" •''' o Two y / jrt ' _ -- " '"`r �f �ti / . ate. o Multi -Family o Mobile Home Park o Commercial Dow o Planned evelopment I=3 Agricultural c Wilderness Area 1=1 Unzoned o Table Rock Village o Outside Branson City Limits 1 Project No. 13-30.1 Page 18 of 106 Branson Boartl of Appeals Action 1Vlcmoraudum Project No. 13-30.1 (13-03000001) LOCATION: OWNER/APPLICANT: ITEM/SUBJECT: 1944 WEST STATE HIGHWAY 76 INN-2, LLC REQUEST FO.R AN APPEAL OF TIIE ORDER OF ABATEMENT ISSUED TO INN-2, LLC FOR THE PROPERTY LOCATED AT 1944 WEST STATE HIGHWAY 76, BRANSON, MISSOURI. DATE: OCTOBER 31, 2013 INITIATING DEPARTMENT: PLANNING & DEVELOPMENT APPROVED BY: lnteriiil Director of Planning & Development Date An application to the Building Code Board of Appeals has been received from Inn-2, LLC (hereafter "Applicant") by and through its agent and attorney, Robert Paulson, requesting an appeal from an order issued by the Director of Planning of Zoning concerning a finding of nuisance and order of abatement. (See attached Exhibit 1.1-1.10). The building in question is located on property found at 1944 West State Highway 76 which is located south of West State Highway 76, east of Forsyth Street, North of Frank Rea Boulevard and Scott Boulevard and west of Fall Creek Road. (See attached Exhibit 2.1-2.2 for an overhead map of the property on which the subject building sits.) The property is zoned C commercial and contains an existing structure within approximately 3.5 acres more or less, and is commonly referred to as ".i.R.'s Motor Inn." There were two buildings located on the subject property. On February 29, 2012, an EF-2 tornado damaged the Applicant's two buildings. The rear building was substantially damaged and the owner applied for and received a permit to demolish that building on April 17, 2012. On September 8, 20]2, a fire further damaged the front building, which served as an office and living quarters, including a portion of the roof and trusses. (Sec attached Exhibits 5.1-5.8 and 6.1-6. 10, attached to this staff report, which contain City of Branson Fire and Rescue investigative Reports prepared by Dennis Brunner and Christopher Morgan). On January 7, 2013 a structural engineer, hired by the City, from Pinnacle Design Consultants inspected the structure due to the tornado and tire issues and determined that "a dangerous condition" exists and the building is in an "unstable condition." (Engineer's letter attached hereto as Exhibit 4.1-4.5). The structure was posted on .January l 1, 2013, by inspector Keith Crawford as a dangerous building as required by Section 22-202 of the Branson Municipal Code. (See attached Exhibit 16.1, a photograph of the posting on the Project No. 13-30.1 building taken by inspector Crawford). Based on the inspection performed by Ronald Hamrne, P.E. of Pinnacle Design Consultants, a Letter of Declaration dated January 14, 2013, was sent to Inn-2, LLC by Inspector Keith Crawford, notifying the owner the structure had been officially declared as a dangerous building as required by Section 22-202 of the Branson Municipal Code. (See attached Exhibit 7.1). A Notice and Order, required by Section 22-205 of the Branson Municipal Code was mailed out on February 15, 2013, and sent to inn-2, LLC by Director Jim Lawson. (See attached Exhibit 8.1-8.2). Additional letters were sent to parties that appeared to have an interest in the building as required by Section 22-205 of the Branson Municipal Code on March 14, 2013. These parties included Leisuretek, LTD, Inc., Brad Poppie, Robert Walford, Robert Paulson and Rocky Mountain Management, LLC. (See attached Exhibits 9.1-9.4, 10.1-10.4, 11.1-11.5, 12.1-12.4, and 14.1-14.5). Since it appeared to the City Staff that compliance with the issues addressed in the Notice and Order had not been achieved, a hearing, as provided by 22-208 of the Branson Municipal Code, was posted on July 15, 2013, scheduled for July 26, 2013, and mailed to multiple parties with a possible interest in the building. (See attached Exhibit 15.1-15.4). At that hearing, various attorneys were present to represent various interests in the subject property. None of the parties argued that the building was not a dangerous structure or nuisance, but instead, who was responsible for the demolition process and the building itself. The current owner of record, according to Taney County Assessor is Inn-2 LLC (See attached Exhibit 18.1). On September 13, 2013, a Finding of Nuisance and Order of Abatement prepared by interim Planning Director Joel Hornickel and based on the July 26a, hearing, and required by the Branson Municipal Code in Section 22-208 was sent to interested parties. (See attached Exhibit 3.1-3.5). The Notice and Order listed a number of violations of the Branson Municipal Code that exist in the current state of the building still located at 1944 West State Highway 76, as well as detailing the finding in various reports concerning the structural integrity of the building, and the fact that it remains, in situ, as a dangerous building. Amongst the findings, the interim Planning Director found that: ▪ The facts as stated in the City of Branson Fire & Rescue Investigation reports are true (See Attached hereto Exhibits 5.1-5.8 and 6.1-6.10). ® Inn-2, LLC had formal and sufficient notice of the July 26, 2013 hearing (Exhibit 15.1-15.4). • The Structural Engineer's report and conclusions are taken as true (Exhibit 4.1-4.5). • The Building Inspector found that due to a combination of the February 29, 2012 tornado and the fire event on September 8, 2012, the main structure contained the following conditions: portions of the roof and second floor ceiling joists/trusses sustained heavy damage from fire extending upward into all the members of the trusses and indo the decking on the underside of the roof; drywall from the ceiling and walls were fallen down on the floor; heavy damage from smoke and heat was found on the ceiling and down the walls in the hallway area and one of the bedrooms; the building had been exposed to the elements and all of the interior finishes have been compromised; the mechanical and electrical systems have also been damaged; the entrance canopy is missing the two end columns; and trash and debris were found inside and outside of the structure. (Exhibit 3.2) • The Notice and Order was issued on a reasonable basis and was within the standards set forth in Chapter 22 of the Branson Municipal Code. • Inn-2, LLC, DBA: JR's Motor lnn, P.O. Box 2635, is listed as the owner of the property according to the records of the Taney County Missouri Assessor's Office. Project No. 13-30.1 The conclusion of the interim Planning Director, after hearing the evidence in the attached reports to the Notice, and evidence from City Staff as well as all interested parties, was that the building was a dangerous one and that the building be demolished and the debris removed, along with other issues that needed to be resolved to bring the property into compliance with the Branson Municipal Codes Chapter 22 and 58, and the 2009 International Property Maintenance Code. Also, the interim Planning Director ruled that these measures be taken within 30-days from the receipt of the notice. (See attached Exhibit 3.5). In response to this order, the Applicant submitted a request to the Building Code Board of Appeals on October 11, 2013 for a review of the matter. (See attached Exhibit 1.1). The Applicant was to provide "a detailed description of the factual and legal grounds for the appellant's appeal" according to Branson Municipal Code, Section 22-208. This Applicant has a right to appeal the ruling of the Planning and Zoning Director to this Body under the provisions of Branson Municipal Code, Section 22-209(1), that hearing is to be held under the auspices of Section 22-209 of the Branson Municipal Code. This section of Code is attached to this staff report below. Relevant Sections of Code: Branson Municipal Code Section 22-202. —Duties of inspectors. Inspectors shall have the following duties under this article to: (1) Inspect, as may be necessary, all residential, institutional, assembly, commercial, industrial, garage, special, or miscellaneous occupancy buildings for the purpose of determining whether any conditions exist that gives the inspector reasonable grounds to believe that any such building is unsafe or dangerous. (2) Inspect any building, wall, or structure about which complaints are filed by any person to the effect that a building wall, or structure is or may be existing in violation of this article, and the inspectors determine that there are reasonable grounds to believe that such building is unsafe or dangerous. (3) Inspect any building, wall, or structure reported by the fire or police departments of the city as probably existing in violation of this article, (4) Immediately report to the director any building or structure that the inspector finds to be a dangerous building. The director may direct the inspector to post on such building or structure written notice that reads substantially as follows: "This building has been found to be a dangerous building by the City of Branson, This notice shall remain on this building or property until it is repaired, vacated, or demolished, and the property cleaned in accordance with the notice that has been given the owner, occupant, lessee, mortgagee or agent of this building, and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of Taney County, Missouri. It is unlawful to remove this notice until such notice is complied with." Provided, however, that the order and the posting of said notice shall not be construed to deprive all persons entitled thereto by this article to the notice and hearing prescribed herein. (5) Immediately report to the director any noncompliance with any notice and order, or failure to proceed continuously with work pursuant to such notice and order without unnecessary delay. (6) Appear at all hearings and appeals', and testes as to the conditions of any building or structure that falls under the purview of this article. (7) Entry. When it is necessary to make an inspection to enforce the provisions of this article, or when there is reasonable cause to believe that there exists in a building or structure a condition that is contrary to or in violation of this article, the inspector may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this article. However, if such building or structure is occupied that credentials be presented to the occupant and entry requested. If such building or structure is unoccupied vacant, or abandoned, the inspector shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises, and request entry. If no consent is given to enter or Project No. 13-30.1 inspect any building or structure, the inspector shall notes the director who may request air adnrinistr•crtive search warrant, as provided in this Municipal Code. Branson Municipal Code Section 22-205. - Notice and order. (1) Commencement of proceedings. When a building or structure has been inspected and has been determined to be a dangerous building, the director shall continence proceedings to cause the repair, vacation, or demolition thereof (2) Notice and order. The director shall issue a notice and order directed to the owner(s) of record for the building or structure, and all interested parties thereof The notice and order shall contain: a. The street address and legal description sufficient for the accurate identification of the premises upon which the building or structure is located. b. A statement that an inspection revealed that the building or sir:rctire is a dangerous building, with a concise description of the conditions found 10 render this conclusion. c. A statement of the remedial action(s) required to be taken as determined by the director. Such statement of remedial action shall include direction concerning the following: 1. The owner must vacate, vacate and repair, or vacate and demolish said building or structure, and clean the lot or properly on which the building or structure is located in accordance with the terms of the notice and of this article. 2. The occupant or lessee must vacate said building or have it repaired in accordance with the notice and remain in possession. 3. The mortgagee, agent, or other persons having an interest in said building or structure, as shown by the land records of the Recorder of Deeds of Taney County may, at his/her own risk, repair, vacate, or demolish the building, and clean the properly or have such work done. Provided that any person notified under this subsection to repair, vacate, or demolish any building or clean the property shall be given such reasonable time not exceeding 30 days to begin compliance with such notice and order, without unnecessary delay. If it is necessary to obtain a building permit in order to comply with any notice and order, and the person has submitted a complete request to the city for such permit, the time for the city to issue such permit shall not be inchrded for purposes of determining whether the person is proceeding without "unnecessary delay." (3) Service of notice and order. The notice and order shall be sent via both first class regular mail (postage prepaid) and certified mail (postage prepaid) return receipt requested to the owner(s) of record and all interested parties. Notice sent via the U.S. Postal Service shall be effective as of the date of mailing. If the director learns that neither the regular mailed notice nor the certified mailed notice was received by the recipient (for any reason other than refusal), the director may attempt to have such party personally served with such notice. If any person or interested party does not receive such notice, for whatever reason, such fact shall not invalidate any proceedings hereunder as to any other person duly served nor relieve any such person from any duty or obligation imposed by the provisions of this article. Mail returned by the U.S. Postal Service marked "refused" shall constitute proof of service. If service cannot he had by either personal service or mail, then service may be had by publication in a neivspaper qualified to publish legal notices, for two successive weeks. (I) Emergency powers authorized. In any case where it reasonably appears that there is an immediate danger to the health, safely or welfare of any person, the director shall take measures to secure the structure and then take steps to vacate, repair or demolish the dangerous building or structure. Municipal Code Section 22-208. - Failure to comply with notice and order. (1) Upon receipt of a report from the inspector indicating failure by the owner(s) or any interested party to commence work as required by the notice and order within the time specified by this article or upon failure to proceed continuously with work without unnecessary delay, the director shall hold a hearing giving the owner and interested parties full and adequate hearing on the matter. Such hearing shall be recorded in accordance with RSMo 536.130, and shall be considered a contested case for purposes ofjudicial review. (2) Ii'ritten notice of such hearing shall be given al least ten days in advance of such hearing (in accordance irith subsection 22-205(3) of this article) directing the owner(s) and interested paties to appear before the Project No. 13-30.1 director on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated, or demolished in accordance with the statement of particulars set forth in the notice and order. (3) Any party may be represented by counsel and all parties shall have an opportunity to be heard (4) The director shall make written findings of fact from the evidence offered at said hearing as to whether or not the building or structure in question is a dangerous building as defined in this article. (5) If the evidence supports a finding based upon coinpetent and substantial evidence that the building or structure is a dangerous building, the director shall issue a written order of abatement based on such findings of fact, commanding the owner(s) or other responsible party, to repair, vacate, board, or demolish any building or structure found to be a dangerous building and to clean the property. Provided that any person so notified, shall have the privilege of either vacating and repairing said building or structure (if such repair will comply with the ordinances of the city) or may vacate and demolish said dangerous building at his own risk to prevent the city from acquiring a lien against the land where the dangerous building stands. If the evidence does not support a finding that a building or structure is a dangerous building, no order shall be issued. (6) The written order of abatement from the director shall be delivered, by person or mail, to each party of the hearing, or their attorney of record. In addition, copies of the order shall be posted in a conspicuous place in the office of the director for a period of 30 days from the date of issuance. The order shall state a reasonable time, to be no less than 30 days from the date of issuance, within which to comply with the order, and shall firrther provide that if the work is not substantially completed within 30 days of the issuance of the order, the city may, by its own employees or by contractor, perform the work necessary to bring the building into compliance with the director's order with costs levied to the property owner, or by a lien placed upon the property. Branson Municipal Code Section 22-209. - Appeals from the decision of the director: (1) Any owner or interested party aggrieved by an order of abatement may appeal such order to the board of appeals. To be effective, such appeal shall conform with the requirements of this section and shall be received by the city clerk no later than 30 days after the written order of abatement has been issued. For purposes of an appeal of an order of abatement, such appeal shall be considered a rehearing. (2) An appeal filed pursuant to this section shall include the following information: a. The name and mailing address of the person requesting the appeal (referred to herein as the "appellant'); b. A description of the order that he/she is appealing (including a copy of such order); c. A description of the appellant's interest in the property (e.g., ownership, leasee, mortgagee, etc), and a description of how the order may affect such interest; d A detailed description of the factual and legal grounds for the appellant's appeal; e. Payment of costs for the planning and development department to schedule and give notice of appellant's hearing; f The common street address or legal description of the affected property. (3) Upon request of the appellant, the board of appeals may stay enforcement of any order of abatement, pending the board's review of the appeal and final action related thereto. (4) Upon submission of a timely appeal that conforms with the above -stated requirements, the hearing of such appeal shall be scheduled to take place before the board of appeals within 30 days of the filing of such appeal, and notice of such fact shall he provided to the appellant at the mailing address that he/she provided. Such notice shall also be sent to other interested parties, as defined by this article. The board of appeals shall be provided with copies of any and all notices, orders, briefs, and documents provided by appellant. (5) Unless waived by the appellant (either via formal waiver or failure to timely object), the hearing before the board of -appeals shalrbe recorded (via a mcthod capable of transcription) and include` a. A brief submitted by the director, outlining the basis for the order of abatement. b. Any and all evidence that either the city or the appellant wishes to submit, which the hoard deems relevant to the question of the validity of the director's order of abatement; c. Any and all testimony, given under oath, that either the city or the appellant wishes to submit, which the board deems relevant to the question of the validity of the director's order of abatement. Parties shall have the right to cross-examine any witness providing testimony; Project No. 13-30.1 d Any party may request additional procedures not specifically outlined herein and the board of appeals shall consider and Timely rule on such requests. any and all exhibits presented al such hearing shall be made available to adverse parries prior to the hearing. (6) The hoard of appeals shall make a ruling, based upon competent and substantial evidence, either affirming or reversing (in part or in whole) the directors order of abatement (in accordance irilh section 22-206). The board shall provide the appellant a copy of a finding of fact and conclusions of laiv for the board's decision within 15 days of the conclusion of the hearing. (7) The hoard o>'appeals may establish additional procedures to fir f ll the propose of this section. (Orel No. 2011-t10-1,§ 1, I-11-2011) ATTACHED INFORMATION: Exhibit 1: Board of Adjustment Application Exhibit 2: Vicinity Maps • Exhibit 3: Finding of Facts Dated September 13, 2013 Exhibit 4: Structural Engineer's Report Exhibit 5: Fire investigation Report Exhibit 6: Fire investigation Report Exhibit 7: Letter of Declaration Dated January 14, 2013 Exhibit 8: Notice and Order Dated February 15, 2013 Exhibit 9: Notice and Order Leisuretelc Dated March 14, 2013 Exhibit 10: Notice and Order Brad Poppie Dated March 14, 2013 Exhibit 11: Notice and Order Robert Watford Dated March 14, 2013 Exhibit 12: Notice and Order Robert Paulson Dated March 14, 2013 Exhibit 13: Title Search Dated March 15, 2013 Exhibit 14: Notice and Order Rocky Mountain Management Dated March 14, 2013 Exhibit 15: Notice of Hearing Dated July 15, 2013 Exhibit 16: Dangerous Building Posting Dated January 11, 2013 Exhibit 17: Notice and Order Posting Dated February 15, 2013 Exhibit 18: Taney County Tax Record Project No. 13-30.1 CITY OF BRANSON FIRE & RESCUE INVESTIGATION REPORT Incident 12-2454 Number: Name: JR's Motor Inn Street Address: 1944 W. Highway 76 City: Branson County: Taney Date/Occurrence: 9/8/12 Time: 0409 Day: Saturday Date/Requested: 9/8112 Time: 0500 Day: Saturday Weather at Occurrence: Clear, Cool CAUSE/TYPE: Undetermined Total Loss: $56,188.00 Utilities In Service: Electricity: Natural Gas: LP -gas: Wood: Fuel oil: None: X STATUS: Closed: Confidential: Unclassified: X Non -Criminal: Criminal Info: Warrant App.: ARRESTS: OFFENSE: Construction Fire -Resistive: Noncombustible: Ordinary: Type: Heavy timber: Wood frame: X Vehicle: Levels: 2 Assembly: Occupancy Ambulatory health care: Type: Residential board & care: Storage: Educational: Detention/Correctional: Mercantile: Mixed: Day care: Health care: Residential: Motel Business: Industrial: Other: Estimated $56 188,00 loss: ' Occupied: Vacant: X Smoke detectors Unknown present: Fatalities/ No. Civilian Fatalities: Injuries: No. Civilian Injuries: No. Fire Fighter Fatalities: No. Fire Fighter Injuries: Copies to: (Enter agency names) Police Dept. Building Dept. State Fire Marshal Health Dept, Other: Assisting Investigator: Investigator(s): Investigator: Investigator: Investigator: Investigator: Dennis Brunner Technical Services Division Chief: Randy Fogle Owner #1 Owner and Occupant same: First: Brad Last: Poppie Address: 3350 Ashworth Ave. City: Highland Ranch State: CO Phone: 720-982-2000 Race: Sex: Age: DOB: POB: Marital Status: SSN/ DLN: Occupation: Doctor Employer: DBA: Insurance Amount Company Agency Structure: Uninsured Contents: Uninsured Owner #2 First: Last: Address: City: State: Phone: Race: Sex: Age: DOB: POB: Marital Status: SSN/ DLN: Occupation: Employer: DBA: Insurance Amount Company Agency Structure: Contents: Owner #3 First: Last: Address: City: State: Phone: Race: Sex: Age: DOB: POB: Marital Status: SSN/ DLN; Occupation: Employer: DBA: Insurance Amount Company Agency Structure: Contents: CITY OF BRANSON FIRE & RESCUE CASE ACTIVITY REPORT Incident Number: 12-2454 Date: 9/8/12 Case Name: JR's Motor Inn Case Activity: Fire Investigation Date of Activity: 9/8/12 Exterior Examination An examination of the A -Side of the structure revealed no damage from fire, smoke or heat. An examination of the B-Side of the structure revealed moderate damage from fire and smoke on the second floor only. Minor damage was noted above a walk door located to the front of the building on the second floor of the B-Side due to smoke and heat exiting the doorway. Moderate damage from fire and heat was noted above a window located in the center of the second floor of the B-Side. Moderate to heavy damage was noted all around a window located on the second floor of the B-Side near the B-C corner with heavy damage to the soffit and eave area of the roof. An Examination of the C-Side of the structure revealed minor to moderate damage from fire and smoke on the second floor and extending down a stairway to the first floor. Minor to moderate damage was noted all around a window located on the C-Side near the C-B corner and extended down along the stairway. An examination of the D-Side of the structure revealed minor damage from fire and smoke. The damage was confined to an area above a second floor window on the D-Side near the D-C corner. Interior Examination The interior examination began in the first floor office and breakfast room. No damage from fire or smoke was found on this floor. The second floor living quarters examination began in the living room/kitchen area. Heavy damage from smoke and heat was found on the ceiling and down the walls. A line of demarcation was found to within 24" of the floor in these rooms. An examination of the hallway leading from the living room to the bedrooms revealed heavy damage from smoke and heat. Most of the drywall from the ceiling and walls in this area had fallen down on the floor. The ceiling joist/trusses in this area were undamaged on the bottom side and had minor to moderate damage from fire on the top side. The wall studs had little damage. Bedroom #2 was located off of the hallway. An examination of this room revealed heavy damage from heat and smoke. Most of the drywall from the ceiling and walls in the room had fallen down on the floor. Moderate damage from fire was found which was confined to the top side of the ceiling joist/trusses and extended into the truss members and the decking on the underside of the roof. The bottom side of the ceiling joists/trusses and wall studs had little damage from fire. A mattress and box springs was found in this room and had been consumed by fire. Bedroom #1 was located at the end of the hallway. An examination of this room revealed heavy damage from heat and smoke with minor to moderate damage from fire. The drywall from the ceiling and walls in this room had fallen down on the floor. A mattress and box springs was found on the floor of this room and had been consumed by fire. The wall studs in this room revealed minor to moderate damage from fire. The ceiling joists/trusses had heavy damage from fire extending upward into all the members of the trusses and into the decking on the underside of the roof. The fire had self -vented out of the roof in this area. CITY OF BRANSON FIRE & RESCUE CASE ACTIVITY REPORT incident Number: 12-2454 Date: 9/8112 Case Name: JR's Motor Inn Case Activity: Fire Investigation (continued) Date of Activity: 9/8/12 Conclusion No utilities were present in the structure at the time of the fire. The cause of the fire is UNDETERMINED at this time. Possible contributing factors include: ® The building was unoccupied at the time of the fire but was unsecured from trespass by any individuals. ® Severe thunderstorms with intense cloud to ground lightning were present in the area from 1730-1800 and again from 1900-1930, prior to the fire being discovered. Due to the lack of damage to the floor and wall components in the living quarters and the heavy fire damage to the roof components, particularly the lack of damage to the underside of the ceiling joist members while the top side of the members sustained heavy damage, the point of origin has been determined to likely be in the attic area, possibly above bedroom #1. Copies to: Investigator: Dennis Brunner Technical Services Division Chief: Randy Fogle CITY OF BRANSON FIRE & RESCUE CASE ACTIVITY REPORT Incident Number: 12-2454 Date: 918112 Case Name: JR's Motor Inn Case Activity: Fire Report Date of Activity: 918112 Units responded at 0409 to a structure fire at JR's Motor Inn. I was requested by Fire Chief Martin to respond for investigation at 0500. I arrived on scene at 0514 and met with the incident commander Captain Chris Morgan. He stated that the fire was out and crews were performing salvage and overhaul and that that task should be completed shortly. Upon completion, I investigated the exterior of the structure and then investigated the first floor office area. I then went upstairs to the living quarters for investigation. The fire was confined to the upstairs living quarters with minor to moderate exterior damage from fire above several windows and a doorway on the second floor. The living quarters area sustained heavy damage from heat and fall down of debris. The fire damage was mainly confined to the roof structure components above both bedrooms and the bathroom. No evidence of a point of origin could be located in the living area due to lack of burning. The roof structure components sustained the heaviest damage from fire indicating a likely point of origin as the attic area. No utilities were present in the building at the time of the fire. Severe thunderstorms with intense cloud to ground lightning were preset in the area from 1730-1800 and again from 1900-1930, per the National Weather Service in Springfield Missouri. No cause of the fire could be determined. Copies to: Investigator: Dennis Brunner Technical Services Division Chief: Randy Fogle CITY OF BRANSON FIRE & RESCUE PHOTO LOG Incident 12-2454 Number. Case Name: JR's Motor Inn Location: 1944 W. Highway 76 Date of Incident: 9/8/12 Camera: Panasonic Lumix FZ35 Date of Photos: 9/8/12 Investigator: Dennis Brunner Photos Saved As: I2.2454Photos Photo # Subject Camera Direction 223 A -Side S 226 B-Side W 233 B-C Corner NW 235 D-Side E 236 Electrical Meter E 237 C-Side E 239 Living Room W 240 Kitchen S 241 Line of demarcation in living room W 242 Line of demarcation in living room W 244 Bedroom #2 E 245 Hallway S 246 Bathroom S 247 Mattress & box springs in master bedroom SW 248 Roof damage in master bedroom S 249 Corner of master bedroom under heaviest damage to roof structure SE 250 Roof damage in master bedroom SW 251 Mattress & box springs in master bedroom SW 252 Area under heaviest damage to roof structure in master bedroom SE 254 Roof damage in master bedroom S 255 Roof damage in master bedroom S Photo # Subject Camera Direction 258 Fire damage to top plate in corner of master bedroom SE 261 Wall studs below possible point of origin SE 263 Wall studs below possible point of origin SE 264 Wall Studs E 265 Roof components in master bedroom E 267 V-Pattern in hallway S 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. P1010223 P1010237 P1010244 P1010249 P1010255 P1010264 P1010226 P1010239 P1010245 P1010250 P1010258 P1010265 P1010233 P1010246 P1010251 P1010261 P1010267 P1010235 P1010247 P1010252 P1010262 P1010236 P1010242 P1010254 P1010263 Exhibit 6 CITY OF BRANSON FIRE & RESCUE INVESTIGATION REPORT INCIDENT NUMBER: 12-2454 CASE NAME: JR's Motor Inn LOCATION: 1944 W. Highway 76 COUNTY: Taney DATE/Occurrence: 9/8/12 Time: 0409 Day: Saturday Weather: Clear, Cool Date/Requested: 9/8/12 Time:0500 Day: Saturday CAUSE: Underterrizined OFFENSE: STATUS: Closed Criminal Inf. Confidential 11 ofArrest(s) Cleared by other: Non -Criminal Unclassified X Utilities: Electricity ❑ Natural Gas ❑ Fuel Oil D LP Gas ❑ Wood ❑ None X Oitmer First: Brad Last: Poppie Address: 3350 Ashworth Ave. City: I Iighland Ranch State: CO Phone N: 720-982-2000 Race: Sex: Age: DOB: POB: Marital Status: DLN: Occupation: Employer: DBA: Occupant First: Unoccupied Last: Address: City: State: Phone 11: Race: Sex: Age: DOB: POB: Marital Status: DLN: Occupation: Employer: DBA: Construction Construction Type: Wood Frame Occupancy Type: Motel Levels: 2 Occupied: No Estimated Loss: S56,188.00 11 Injuries Civilian: II Injuries FF: Smoke Detectors Present; Unknown //Deaths Civilian: i/Death FF: Smoke Detectors Operational: Unknown Insurance: Structure: Contents: Amount Company Agency Police/Sheriff: Fire Department: Copies to: NM DD YYYY Delete A 110702 I MQ 09 1 081 I 2012 I 11 I 112-0002454 I I 0001 ❑Change NFIRS -I Basic FDID * State * Incident Date * Station Incident Number * Exposure * ❑ RO Activity Check this Los to loi ca[a that the address for thls inadent is peovlded on the Nild lend Pf re Census Tract ■Yodels In Sec[ion a "Al lve Location ape[( [ice tl co Oet eniy For Nlldland Ilrca. I I-1____I ternat BLocation* �jL street address I 19441 1W 1 (STATE HWY 76 I IHW I I,J • 1. • Intersection Number/Milepost Prefix Street or Righway Strnat Type Suffix In front of I IBRANSON I IMO 1 165616 - I 1 Rear of I I. Apt./Suite/Roan City State yip Code Adjacent to I 1 ■ Directions Cross street or directions, as applicable C Incident 1111 Type * 1 'Building fire ( E1 Date & Times Midnight is 0000 Check boxes if Month Day Year Hr Min Sec are the same ae Alarm ALARM always required Date, Alarm * I 09I OB 1 20121104 :09: 00 I E2 Shift & Alarms Local Option 102 1A I I 021 1 Incidentdates Type shift. or Alarms District DPlatoon Aid Given or Received* ARRIVAL required, unless canceled or did not arrive Arrival* . 091 08 2012 04:14 :15 1 �y I 11 11 1 1 ©Mutual aid received 110701 MQ t II J �i+ 3 Special Studies Local option 1 1 I I 2 3 4 •Automatic Midutual Automatic aid recv, aid given aid given Their FDID Their State 112-1458 1 CONTROLLED Optional, Except for wildland fires L 1�Controlled 1J J 1 (I I GI — LAST UNIT CLEARED, required except for wild/and fires Last Unit Cleared I CII "I 20121 f06: 58:32 1 5 N IIIINone Other aid given Their Incident Eumber special Special study IDft Study value F 111 Actions Taken* I Itxtinguishment by fire 1 G1 Suppression x Resources * chethis box and skip this section iE an Apparatus or Personnel form is used, Apparatus personnel 1 00031 L 00101 G2 Estimated Dollar Losses & Values LOSSES; Required for all fires if known. Optional for non fires, None property $1 1 ,1 0541,1 1881 ❑ Primary 112 Action Taken (1) 1 (Salvage & overhaul 1 Content. $I 1 , I 002I ,1 0001 EMS 1 I 1 I PM -INCIDENT VALVE: Optional Property $ I 1,1 2161,1 7521 Additional 186 Action Taken (2) 1 'Investigate 1 Other 1 00041 1 00071 Check box if resource counts ❑ includo aid received resources. 021,1 0001 ❑ Contents 51 1 , 1 0021,1 Additional Action Taken (I) Completed © X I. il �HazMat-7 MI © © (]Arson-11 Fire-2 Structure-3 Civil Fire EMS-6 Wildland Apparatus-9 personnel-10 Modules Fire Caa . -4 Serv" Cas,-5 Fire-0 Hl*CasualtiesliNone Deaths Injuries FiYe 1 t I servico 1 1 H3 N 1 2 3 4 5 6 7 8 0 • il • II ❑Diesel ■ Hazardous Materials Release None Natural Gas: ,law lc,Y, no avaa,cien or xe:wt aatian= Propane gas; <zl ib, tank tar In Aarap sgrill)33 Gasoline: „r1,late foal too or port.bie aont,inae Kerosene: foal barntng ag 1p cot or portable ator+ga fuel/fuel oil:,vhimle facl tank et portable Household solvents: hoes/otrtra epul, cleanup aaly Motor oil: team engine or. portable container paint: from paint can. totaling < 55 gallons Other: speooai enorat ,orlon. requtted or np111 a 55ga1„ Please corpleta the aa,ltat fa= I Mixed 10 20 40 51 53 58 59 60 63 65 00 Use Property _ Not Mired Assembly use -Education use — Medical use Residential use —Roll of stores _Enclosed mall _Bus. & Residential Office use — Industrial use —Military use Farm use `Other mixed use Civilian( 11 1 H2 Detector Required for Confined Fires. ], ❑Dsteptor alerted eecupantu 2. Detector did not alert thorn UN unknown J 131 161 162 213 215 241 311 331 Property DChurch, MI •Bar/Tavern IMElementary • II •Care Use* Structures 341 Elclinic,clinic 342[II place of worship 361 In Restaurant or cafeteria 419 or nightclub 429 . school or kindergarten 439 II High school or junior high 449 61 College, adult education 45911 facility for the aged 464 Hospital 519 In type infirmary 539 Doctor/dentist office 579 Prison or jail, not juvenile 571 1.-or 2-family dwelling 599 Multi -family dwelling 615 Rooming/boarding house 629 Commercial hotel or motel 700 Residential, board and care 819 Dormitory/barracks 882 Food and beverage sales 891 C0Household goods, sales, repairs Motor vehicle/boat sales/repair Gas or service station C1 Business office Electric generating plant Laboratory/soience lab Manufacturing plant iLivestock/poultry storage (barn) Non-residential parking garage • Warehouse 124 655 669 807 Outside 936 . OPlayground or park 938 ❑Graded/Caro IIII Crops or orchard 946 • (timberland) 951 []Railroad Forest timberland II outdoor storage area 960 III vacant lot 981 C1 Construction site for plot of land 984 ❑ Industrial plant yard Lake, river, stream Loo:sup and enter a Property Use code only if right of way you have 1:0T checked a Property Use box, Other street Property Use 1449 1 919 In Dump or sanitary landfill 961 land field Highway/divided highway street/driveway (Hotel/motel, commercial 931 Dopen or 962 Enesidential NFIRS-1 Revision 03/11/99 Branson Fire Department 10702 09/08/2012 12-0002454 K1 Person/Entity Involved Local Option I-1 I -I J Business name (if applicable} Area Coda Phone. number 1 I I ILJI El Check This Box if Mr.., Ms., Mrs. First Hare MI Last Name Li same address as incident location, 1 Then skip the three ' duplicate address 1Husher prefix Street or Highway • lines. I L _J Suffix I I I L_J Street Type SufEiX [ I I 1 1 I Font Office Box Apt./suit/Room city L JI I-1 State Zip Code More people involved? Check this box and attach Supplemental Forms (NFIRS-L0) as necoasary K2 Owner 0Same as person involved? I 1 Then check this box and skip 1 1 1 1- 1 1 1 The rest of this section. Local Option Business nave (if Applicable) Area Code Phone Number ❑Check this box if same address as incident location. Then skip the three duplicate address lines. I I I I I I I I L_1 Mr„ Ms„ Mrs. First NaKit MI Last Name suffix 1 1 III 1 L_J Number Prefix Street or Highway Street Type Suffix I Post Office Box ApI t./Suitt/Boo 1 1-I I State Zip Code I-L-� City L Remarks Local Option 09/06/2012 08:30:45 cmorgan Engine 1, Truck 2 and Engine 3 responded emergency to a report of a commercial structure fire with fire showing from the roof. Upon arrival, Engine 1 reported heavy flames showing from the Bravo/Charlie corner, requested a 2nd alarm, to backfill all stations, established command and was out for fire attack. Firefighter Privette was advised to pull the 2 W 200' hand line and initiate an indirect fire attack on the Charlie side while Captain Morgan completed a 360* visual and established a command post. Engine 3 was advised to establish a water supply, park on the Delta side and to pull an attack line to the second floor to initiate an interior attack on the second floor and was assigned Division 2. Engine 3 also supplied water to Engine 1. A second attack line was pulled off of Engine 1 to assist with fire attack. Truck 2 arrived and was placed on the Alpha/Bravo corner and was advised to ladder the roof to initiate vertical ventilation and was assigned the Vent Group designation. Ground ladders were thrown to the second floor for egress points. After the fire was extinguished, WTCFPD personnel assisted with overhaul procedures. Once the overhaul was complete, Fire Marshal Brunner initiated his investigation (See investigation report for determination). All fire units cleared the scene. L Authorization 1 CMORGAN 1 1 MORGAN, CHRISTOPHER E I ICP I I Al 1 1 09' 108f 1 20121 Position or rank Agolgn5Lnt Month Day YCOI Officer in charge ID Signature Chuck Box if © 1 CMORGAN same as officer Member making report il) in charge, I 'MORGAN, CHRISTOPHER E IICP Position or rank Signature I 1 Al Aasignrent I I 091 1081 1 20121 Month Day rear Branson Fire Department 10702 09/00/2012 12-0002454 A MM DD YYYY 110702 1 1M01 1 091 1081 I 20121 1 11 112-0002454 1 1 0001 E ■Change Delete NFIRS -2 pine PBID * State * incident Date * station Incident number * Exposure * ■ No Activity $ Property Details $1 I 0 00 11 E Not Residential C On —Sits Materials P;l None co 4)1ete secants Or Products agricultural Property, Enter up to three codes, Check one or more boxes for each code entered, 1 INNN 1 INone 1 2"Processing if there I? re any significant of co.nercidlindustrlal, energy or products or materials on the whether or not they .ecare Involved liBulk storage or warehousing or manufacturing Estimated dumber building of origin became involved $2 1 0011 of residential living units in whether or not all units Buildings not involved on -site material (11 3 A 1 I I I 12 'Packaged goods for sale ' Repair or service 'Bulk storage or warehousing EProcensing or manufacturing On -site material (2) 3 4 1 I I I 1 2"Processing "Packaged goods for. sale Repair or service Bulk storage or warehousing or manufacturing Number of buildings involved g� I I None Acres burned (outside fires) Less than one acre on -site material (3) Packaged goods for sale : Repair or service D Ignition Di pa 1 (Attie: vacant, Drawl I El 1 2 3 4 5 U Cause of Ignition chock box 1£ this is an exposure report, skip to section c I� Intentional ['Unintentional 11Failure of equipment or heat source Tot of nature E Cause under investigation ®Cause undetermined after investigation E Rumen 3Contributing Check 1 2 3 4 5 6 Factors To Ignition all applicable boxes [(Asleep None II Possibly impaired by alcohol or drugs Unattended person . Possibly mental disabled Physically Disabled ■ multiple persons involved Aroa of fire origin * D2 pU 1 (Undetermined I Heat source * D3I17 1j$tructural member or ( E2 Factors INN Contributing To Ignition I INone 1 ti! None 7 • Age was a factor Estimated age of L 1 item first ignited * 1 il check aor if fLre spree 5las confined to object of origin Da 163 11Sawn wood, including I Factor 1 Contributing To Ignition (I) person 1 envolved .Male 2 Female Type of material Required only if item first first ignited ignited code 1s 00 or <To Factor Contributing To Ignition (2) 'F1 INNN Equipment Involved In Ignition None If Equipment was not involved,Skip to Section G ��T 1 INone 1 E.2 Equipment �� Power I I G Fire Suppression Factors Enter up L-o three codes. 154 None 1NNN 1 INone 1 Equipment Power Source Equipment F3 1 2 Portable equipment moved by be use in requires no Portability EPortable Stationary normally can be one person, is designed tc multiple locations, and tools to install. Equipment Involved t3rand I I Fire suppression factor {1) I J 1 Model I I Fire auppression factor (2) I J I 1 Serial #)I 1 Year I I Fire suppression factor (3) Mobile Property Involved j�1 p y N7 None H2 Mobile Property Type & Make INN I Pone I Local Use Pro -Fire Plan Available some of the information presented in this report pay be based upon reports iron other Agencies Arson report attached Police report attached u Coroner report attached l Other reporta attached 1 [11Not involved in ignition, but burned 2 . Involved in ignition, but did not burn 3 Involved in ignition and burned Mobile property type I I---t I I — Mobile property make I I 1 I Mobile property model Year I I( I I I NFIRS-2 Revision O1/19/99 License Plate /limber State Viii )(umber Branson Fire Department 10702 09/08/2012 12-0002454 Z1 Structure Type* If Piro was In enclosed building or a portable/mobile structure complete the rest of thio form 1 ®Eneloeed Building 2 portable/mobile structure 3 ❑ Open structure 4 Air supported structure 5 OTent 6 DOpen platform 7 ❑Underground structure (work areas) 8 pconnective structure (e.g. fences) 0 ❑Other type of structure (e.g. piers) 12 Building Status * 1 ❑ Under construction 2 0 Occupied G operating 3 n idle, not routinely used 4 ❑ Under major renovation 5 ® Vacant and secured ❑Vacant and unsecured 7 'Dieing demolished Q ❑ Other U ❑ Undetermined 13 Building* Height Couht the ROOF as part of the highest story 1 0 021 Total nurser of storied at or abova grade I I Total number of stories bolo,. grade 14 Main Floor Size* NFIRS-3 Structure Fire 1 1 , t 0011 , 1 7461 Total square feet OR I-1-1 IBYI I ' I Lenght in feet Width in feet J1 Fire Origin* Below Grade 1 0021 Story of fire origin J2 Fire Spread* 1 nCon£ined to object of origin 2 n Confined to room of origin 3 DConfined to floor of origin 4 ® Confined to building of origin 5 O Beyond building of origin J3 Count Number of Stories Damaged By Flame the ROOF as part of the highest story INumber of stories w/ minor damage (1 to 245 flare damage) 0011 Humber of stories wf significant damage (25 to 495 flare damage} Humber of stories w/ heavy damage (50 to 14% flame damage) Humber of stories w/ extreme damage (75 to 20D% flame damage) K Material Contributing Most To Flame Spread Check if no flame spread OR same as material first ignited OR unable to determine Kl K2 1 11 Skip To Section L .Item contributing most to flame spread .1 I Type of material contributing most of flame spread Required only if item contributing code is 00 or470 L1 Presence of Detectors (In area of the fire) N ® None Present j Present U ❑ Undetermined * Skip to section M L2 Detector Type 1 ❑ Smoke 2 ❑ Heat 3 n Combination smoke - heat 4 n Sprinkler, water flow detection 5 ❑ More than 1 type present O Q Other U 0 Undetermined L3 Detector Power Supply 1 ❑Battery only 2 OBardwire only 3 ❑ Plug in 4 ❑ Hardwire with battery 5 EiPlug in with battery 6 Omeohanioal 7 0Multple detectors & power supplies 0 Other U D Undetermined L5 Detector Effectiveness Required if detector operated 1 pAlertod Occupants, occupants responded 2 DOccupants failed to respond 3 There were no occupants 4 ❑ Failed to alert occupants U ['Undetermined L4 Detector Operation 1 []Fire too small to activate 2 poperated (Complete Section LS) 3 EFailed to Operate (Complete Section L6) U 011ndetermined L6 Detector Failure Reason Required if detector failed to operate 1 pPower failure, shutoff or disconneot 2 ❑ Improper installation or placement 3 ❑ Defective 4 El Lack of maintenance, includes cleaning 5 ['Battery miesing or disconnected 6 Battery discharged or dead 0 ['Other U Undetermined M1 Presence of Automatic Extinguishment System * N [Plane Present 1 present Complete rest of Section M +-12 Type of Automatic Extinguishment System * Required if fire was within designed range of AE9 1 n wet pipe sprinkler 2 Dry pipe sprinkler 3 pother sprinkler system 4 Dory chemical system 5 n Foam system 6 DHalogen type system 7 ECarbon dioxide (CO2) system 0 pother special hazard system U n Undetermined 143 Automatic Extinguishment System Operation Required if fire was within designod range 1 00100Eatad & effective (Go to M4 2 ❑Operated & not effective (144) 3 ❑ Fire too small to activate 4 p Failed to operate (Go to M5) 0 [other U ['Undetermined M4 Number of Sprinkler Heads Operating Required if system operated Number If sprinkler heads operating M5 Automatic Extinguishment System Failure Reason Required if system failed 1 System shut off 2 ❑Not enough agent discharged 3 D Agent discharged but did not reach fire 4 Wrong type of system 5 ❑Fire not in area protected 6 0System components damaged 7 OLack of maintenance 8 ['Manual Yntervention 0 pother U QUndetermined NFIRS-3 Revision 01/19/99 Branson Fire Department 10702 09/00/2012 12-0002454 A MM DD YYYY 1 10702 1 Imo] 1— 1 1 81 1 2012 1 I 1 I 1 12-0002454 1 1 0001 ❑Delete ❑ Change NFIRS - 9 Apparatus or Resources FDID * State * Incident Date * Station Incident Humber * Exposure * B Apparatus or * Resource Date and Times Check iE same as alarm date Month Day Year Hour Min Sent Number of * People Use Check x edl each apparatusD:uo boto indicate incident. its main at the Actions Taken X I I ID 1C1 I Dispatch Ell 911 81 2012 104 : 15 1 X � 1 n 11 �� Suppression. DEMS jother l Type 192 1 Arrival 0I 911 811 20121 104:18 1 U 1 1 clear Z11 911 811 20121 106: 54 1 t 121 ID 1E1 1 Dispatch ❑ 1 911 811 20121 104 : 09 1Suppression 1--i 1 3 l_____ 1_____1 IlEms Typo 11 Arrival 0 1 911 811 20121 104 :14 1 L� �� Clear 1.._ 911 911 2 0121106: 58 1Other 31 ID 1E3 [ Dispatch DI 911 811 20121 104 : 09 1 IX' 1 41 1Supprension BEMs Other 1—J �1 Type 11 Arrival 1 911 811 20121 104: 17 1 1� u Clear NI 911 811 20121 106: 44 1 q xD 1E30 1 X 1 21 Suppression GEMS Mother L1 1 1 Dispatch III 911 ell 20121 104:47 1 Arrival ❑ 1 911 811 20121 104 : 53 1 Type 111 1 L____-1 1 1 clear ►< I 911 811 20121 105:49 1 Pi I ID 1 1 1 IX 1 11 EMS Other L____1 L____I Dispatch 1 911 811 20121 105:13 1 Type 192 1 Arrival �1 911 811 20121 I05:17 1 I l� 1� Clear i1 911 81I 20121 I06:58 1 6 ID ipov 1 IXI 1 31 Dsupproasion EMS ®Other 1I 1—J Dispatch ►,11 911 811 20121 I09:09 1 Type 199 1 Arrival 1 911 811 20121 104:14 1 1-1 L____1 _I'i Clear 1 911 811 20121 106 : 58 1 I ' E ID 1,1,2 1 X 1 3 I 1—J 1_1 Dispatch 111 911 011 20121 104: 09 1 51Suppression • EMS Clother Type 113 1 Arrival 1 911 811 20121 104 : 17 1 (—� �—� clear ®1 911 81L 20121 106: 25 J al ID I 1 0suppression .Other 1_i Dispatch 1____t_j1 11 1 Type 1 1 Arrivaled IL_ 1 1I 1 � r .11111 1 1 1 9 ID 1 1 Suppression 1]EMS 1�Other L_____1! 11 Diepatch III 11 11 1 1 1 7 ype 1� Arrival ❑ 1_I 1___1 1 11 1 LI -� Clear 1 1 1 1 1 1 Type of Apparatus Ground Lire Suppression 11 Engine 12 Truck or aerial 13 Quint 14 Tanker & pumper combination 16 Brush truck 17 ARC' (Aircraft Rescue 1.0 Ground fire suppression, Heavy Ground Equipment 21 Dozer or plow 22 Tractor 24 Tanker or tender 20 Heavy equipment, Aircraft 41 Aircraft: fixed wing 42 Helitankor 43 Helicopter 40 Aircraft, other or Resources Marine Equipment 51 Fire boat with 52 Boat, no pump 50 Marine apparatus, Support Equipment and Firefighting) 61 Breathing apparatus other 62 Light and air 60 Support apparatus, Medical & Rescue 71 Rescue unit 72 Urban Search other 73 High angle 75 BLS unit tanker 76 AL9 unit 70 Medical and pump unit S rescue rescue rescue other support other unit unit unit,other Other 91 Mobile 92 Chief 93 HazMat 94 Type 95 Type 99 Privately 00 Other NN None UV Undetermined NFIRS-9 More Apparatus? Use Additional Sheets command post officer car unit 1 hand crew 2 hand crew owned vehicle apparatus/resource Revision 11/17/98 Branson Fire Department 10702 09/08/2012 12-0002454 A MM DD YYYY 1 10702 �9 18I 1 2012I I 1 1 1 12-0002454 1 I 000I .Delete 1Pereonnel0 __IIMOI PAID * State * rnoldent pate * Station Incident Number * Exposure * change $ Apparatus or * Resource Use codes listed be/ow Date and Times Check if acme au alarm date Month Day Year Hours/mins Sent X Number of * People Use Check ONE box for each apparatus to indicate PP its main use at the incident. Actions Taken List up to 9 rations for each apparatus and each personnel. 1 ID IC1 ( Dispatch • I 911 al I 20121 04:15 I Sent Suppression u u Arrival I 911 811 20121 I04:18 I X 1[ HEMS Type I92 1 L L� clear ® I 9II 8I I 2012I I06:54 I ►,Other Personnel ID Name Rank or Grade Attend X Action Taken Action Taken Action Taken Action Taken TMARTIN MARTIN, THEODORE FC X 2 ID I Dispatch .I 911 $lI 2012I 004:09 Sent gSuppreseion U LI 1E1 l Arrival ❑ I 9[I 911 20121 I04:14 1 X 1 31 ❑ms Types I11 1 Li L___I Clear Pill 911 eI I 2012( I06 :58 J0ther Personnel ID Name Rank or Grade Attend X Action Taken Action Taken Action Taken Action Taken CMORGAN JGAGNEPAIN ZPRIVETTE MORGAN, CHRISTOPHER GAGNEPAIN, JASON PRIVETTE,ZACHARY CP ENG FF X X X 3 ID IE3 f Dispatch .I 911 811 20121 104:09 Sent 448uppreeaicn u LI l Arrival 1 9[ I 811 20121 104:17 X I 41 QEMS Type I11 1 U L clear Z1I 9II 811 2012( I06:44 0Othet _I Personnel ID Name Rank or Grade Attend [XI Action Taken Action Taken Action Taken Action Taken DGREGORY DHEMBREE DORLE RIVEY GREGORY, DONALD HEMBREE, DARRYLL ORLE, JJOUGLAS IVEY, RICHARD FF ENG CP FF X X X X Branson Fire Department NFIRS-10 Revision 11/17/98 10702 09/08/2012 12-0002454 A MM DD YYYY 1 10702 1 IMO 1 I 91 1 8! 1 2012 1 1 1 1 1 12-0002454 1 I 000 .Delete NFIRS - 10 Personnel FDID * State * incident Date * Station Incident Humber * Exposure * . Change B Apparatus or * Resource Use codes listed below Date and Times Check if same as alarm date �-fonth Day Year Hours/mine Sent X Number of * Use Check ONE box for each apparatus to indicate ito main incident.use at the Actions Taken List up Co 4 actions for each apparatus and each personnel. 1 ID IE30 Dispatch II I 911 81I 20121 I04:47 Sent X 1 21 suppression L___l u Arrival III 911 811 20121 104 : 53 Type 111 . EMS L� 1 f Clear NI 911 BI I 20121 105: 49 ®Other -� Personnel ID Name Rank or Grade Attend X Action Taken Action Taken Action Taken Action Taken JWHITWORTH PHARKINS WHITWORTH, HARKINS, PAUL JERRY FF CP X X 2 ID IFM1 I Dispatch 0 I 911 811 20121 105: 13 Sent [XI 1 11 ■ Suppression CIEMS N Other I L u� Arrival • I 911 811 20121 105:17 LI L__1 Type I92 Clear NI 911 eI 1 20121 106 :58 Personnel ID Name Rank or Grade Attend n Action Taken Action Taken Action Taken Action Taken DBRUNNER BRUNNER, CARL FM X 131 ID IPOV l I Dispatch )II 911 811 20121 104 : 09 Sent Ix 1 31 . OEMs (other Suppression u� L Arrival I 911 811 20121 104:14 TYPO 199 1 L� 1-----J Clear 11 911 811 20121 106:58 Personnel. ID Name Rank or Grade Attend !XI Action Taken Action Taken Action Taken Action Taken DBISHOP MWATKINS RDERRY BISHOP, DANA WATKINS, MORGAN DERRY, RONALD VOLUNTEE R FF VOLUNTEE R X X X Branson Fire Department NFIRS-10 Revision 11/17/98 10702 05/0B/2012 12-0002454 A MM DD YYYY 10702 1 Imo i I 91 I 81 I 20121 I 1 1 1 12-0002454 11 000 ❑Delete NFIRS — 10 Personnel PDID * State Incident Date * Station Incident Number * Sxposurc * IIJchange „I( B Apparatus or * Resource Use codes listed below Date and Times Check if sarca as alar date Month Day Year Hours/mins Sent j X. Number of 4, People Use Check ONE box far each apparatus to indicate its rain use at the incident. Actions Taken Lint up to 4 actions for each apparatus and each personnel. 111 ID IT2 I Dispatch I. I 911 811 20121 104 : 09 Sent agSuppreesion L1 I _ Arrival ❑ I 911 811 20121 I04 : 17 X L L 31 ❑EMS I Type 13 2012[ I I U clear NI sli ell 106:25 ❑Other Personnel ID Name Rank or Grade Attend X Action Taken Action Taken Action Taken Action Taken DETZ DHALL NJONES ETZ, DAVID HALL, DUSTIN JONES, NATHANAEL CP FF ENG X X X 2 ID 1 1 Dispatch �] 1 I U I I I Sent Suppression I 1 I I Arrival ❑ L E I I I I [ EMS Type TYPe I—� lI Clear ❑ I I I I I i ❑Other ____I Personnel ID Name Rank or Grade Attend U Action Taken Action Taken Action Taken Action Taken 1 LI 11 3 ID I I 1 Dispatch ❑ I I U I I I Sent ❑ Suppression I 1 Arrival 1111 11 I 1 Ll DEbis 7YPe I� _11 LA I 1 Clear .1 I I____1 I I I Dother Personnel ID Name Rank or Grade Attend X Action Taken Action Taken Action Taken Action Taken 11 I 11 Branson Fire Department NFIRS-10 Revision 11/17/98 10702 09/08/20.12 1.2-0002454 MM DD yyyy 1 10702 I 1MO I 1 91 [ SJ 1 20121 1 1 PDID * State * incident Date 4 Station 1 12-0002454 1 1 000 1 Incident Humber * Exposure * ❑ Delete ❑ change Insurance and $Loss B Estimated Dollar Loss & Value Buildings Vehicles Contents Pre -Incident Value Estimated Loss Insured Amount Settlement Amount $216,752.00 $54,188.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $2,000.00 $2,000.00 $0.00 $0.00 Insurance Company Business name if applicable Contact name Street or highway Post office box II state Zip code I-( _ I 1 ' Agent flame Policy Number II City I-1 Phone number ❑ Buildings ❑Vehicles ❑ Contents Policy covarago Bronson Fire Department NFLR3—Insurance & Dollar Loss Revision 02/12/03 10702 09/08/2012 12-0002454 „.. I_ !II j I ,:, ; ; ,-, I :I I-1 CI:1:, I11 11 i;, I C L 1 OESION CONSLJLT/\NTS January 11iTt, 2013 Keith Crawford Planning & Development Department 110 W. Maddux Sttite2l5 Branson MO 65616 Re: JR's Motor Inn 1944 West 76 Branson MO Dear Mr. Crawford: On January 7'1', 2013, I inspected the above referenced property tvith respect to the overall condition of the structure due to damage from an earlier tornado and a more recent fire. The following photos show the exterior of the hotel. • r rre E,12 15 W. EIJNEHItVtE E1To S■tmo 24 S PAINS rIELt y M'7 --Mil8B1BC1 Ly As evident in the photos, this hotel has sustained major damage from a recent fire. The following photos show some of the interior damage. ,;41)2 5 W. 9UNE3HINI tE T STE. 2,4 S PE ING1=IELD, MO GB131.17 411 7-72 1 ^3Cll7'1I 1/2 This is a two story wood framed structure that has sustained major Fire damage for approximately or the structure. En addition to this damage, this structure has been exposed to the elements and all of the interior finishes have been compromised. The following photos show this. 2026 W. SUNSHINE ET. STE. 124 BPRINt3FIELD, MO 65807 41 7-73 1 A300 1 The mechanical and electrical systems have also been compromised. The following photos show this ductwork. The following photos show the entrance canopy. 2cJ255 W. SUNSHINE BT. STE• 1124 SPRIN®FIELD, Mrs 65E307 41'7-731-30E11 This canopy is missing the two end columns. This creates n dangerous condition and creates an unstable condition. Summary: This is a dangerous building, the building itself is unstable and could partially collapse nay time. This creates a life safety concern to any one on the property, Due to the scope of work involved in rehabilitating this structure properly, it is most cost effective to demolish this building. If you have any questions, please feel free to contact me. Sincerely, Ronald 1-lamme, P.E. Pinnacle Design Consultants 2025 W. SUNSHINE. ST. STE. 124 SP171NEIFICLD, MO 65E307 41 7-73 1 A3 ®0 1 CITYOF [ _)A r (_ [14 ivatolui Planning IS,. Development 110 West Maddux St. a Suite 215 " Branson, Missouri 65610 (417) 337-8549 r FAX (417) :34-2391 January 14, 2013 Inn-2 LLC dha• .IR's Motor Inn PO Box 2635 Springfield, MO 65801 Attn: C.L. Carr Dear Mi. Carr, I would like to Inform you that on January 11, 2013, the City of Branson officially declared the structure known as JR's Motor Inn, located at 1944 W. Hwy 76, Branson, as a dangerous building. On January 7, 2013, a representative of Pinnacle Design Consultants accompanied me onto said property to perform a structural inspection. His conclusion. as documented in a report dated January 11, 2013, states "This Is a dangerous building, the building itself is unstable and could partially collapse any time. This creates a life safety concern to any one on the property. Due to the scope of work involved in rehabilitating this structure properly, it is most cost effective to demolish this building." On January 11, 2013, the structures on the property were posted as dangerous buildings Due to the un-protected condition of the properly and the lack of structural integrity of these buildings, there is significant public life safety exposure, Therefore, you will need to fence off the properly within fourteen (14) calendar days from receipt of this letter. If you do not fence the property within this time period, the City of Branson will have the property fenced. Additionally. the City's dangerous building abatement process will be initiated In accordance with Branson Municipal Code, Chapter 22, Article IX, Abatement of Dangerous Buildings. As part of that process, all costs Incurred by the City, including the fencing, Title Search, debris removal, demolition, cleanup, etc., will be billed to you Thank you, In advance, for your cooperation. If you have any questions, please feel free to contact me at (417) 337-0527. Regards, "IY Ago i•4AMR fF,TIlls44PV9A1 0 Gornptato hams 1, 2, and 8. Also complete / Item 4 If Hestricted Dollvery Is desired. el P.'fnt your Remo and address on the reverso so that we can return the cord to you. n Attach this card to Iho back of the mailptoca, Code Enforcement Super, Or on the front It apace perrnits, Keith Crawford File# 12-0498 1, Articlo Addressed lot Inn-2 LLC Jlrt: At's Ivlutar lnrl )'r-1 Bux 2635 ;Itl'in�lielll. RUC) IS:6S01 COMPLEfE MIS SECTI0hN oN'oELIVEAY el A. Signature X Cl Agont f tl Addressee 0. Received by (Prfnred Name) C. Date or Dellvory / 1 /`,] D.Ir. deliver/ nddnesdifferent froraItat 1? 0Ves II YES, enter detlt!uryaddruss bob' 1: L7 lie 0, Sprvlculype„ti Corllnad Mall 0 Express Mall 13 floylstewd CI Return Rmelpl for hiotabnndlse f_l Insured Mall n C.OD. 4. Restricted Dellvery7 (&frd Fan) 1:1 Ygy 2. Mliclo Number (Transfer from sotto labeI) 7011 2000 0002 6529 701,5 PS Form 31311, Febnlory2004 'The City will enrnuraye the qua - - Domestlo Return Recelpf tozre6-92-14•I Project No. 13-30,1 Page 72 of 106 - • 2 EXHIBIT /� (}r. A i, ,r�°. ��;� �' ,, A I loirailialill "- / I10 West Maddox St. • still()215 O Branson, Missouri 65616 ll✓� (417) 337-8549 9 FAX 017) 334-2391 IiN1oll:ii 9e and Order Pursuant to the City of Branson Municipal Code, Chapter 22, Article IX, the purpose of this Notice and Order is to inform you that on your properly at 1944 W. Hwy 76, Branson (J.R.'s Motor Inn), there is a dangerous building, as determined by officials of the City of Branson. All Dangerous Buildings are declared a public nuisance and appropriate remedial action is required. This property is further described as: Parcel ID: 17-3.0-06-002-006-014.000 Brief Tax Description: PT PL 2 LT 9 Nb1/4; City of Branson Sec / Twp / Rng: 06/22/21 Deed Book / Page / Date: 2010-11387 (03/19/10) Owner(s) of Record: Inn-2 LLC dba: JR's Motor Inn PO Box 2635 Springfield, MO 65801 On September 8, 2012, a fire severely damaged the main structure on the above described property. On January 7, 2013, representatives of the City of Branson inspected said property and found the structure to be a dangerous building. The conditions associated with the structure, as delineated in the City of Branson Municipal Code, Chapter 22, Article IX, Section 22-200, include, but are not limited to: • portions, members, or appurtenances thereof have been damaged so that the structural strength or stability of any portion of the structure/building threatens the life, health, safety, or property of the occupants or public • portions, members, appurtenances, or ornamentation thereof, are of insufficient strength or stability so that it threatens the life, health, safety, or property of the occupants or public • the building or structure, or any portion thereof are likely to partially or completely collapse • the floor or the roof is overloaded or of insufficient strength to be reasonably safe for the purpose used • the building or structure, or any portion thereof, is so unsafe for the purpose for which it is being used, so as to threaten the life, health, or safety of the occupants or public • the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its non -supporting members, enclosing or outside walls or coverings • the building or structure has been so damaged (from whatever cause) so as to become dangerous to life, safety, or the general health and welfare of the occupants or the public • the building or structure is In violation of the city's building regulations or adopted code, or any other laws or ordinances that protects the life, health, and safety of the occupants or public • the building or structure is determined to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease • the building or structure is determined to be a fire hazard Page 1 of 2 Additionally, there is an accumulation of rubbish inside the structure and on the exterior property. Overall, these conditions pose a threat to the health, safety and welfare of the public. In accordance with the 2009 International Property Maintenance Code and the Branson Dangerous Building ordinance, this structure has been declared a dangerous building and cannot be used for human occupancy. It exhibits such conditions that threaten the health, safety and welfare of the public. Therefore, such conditions shall be remedied by either repairing the structure or by demolishing the structure and then removing and properly disposing of all building materials and removing and disposing of all contents of said building. The property must be cleaned of all rubbish and debris. You are hereby ordered to immediately vacate the structure due to the unsafe condition it imposes, and to begin such remedial actions, as described herein, within thirty (30) days from receipt of this Notice and Order, and to proceed continuously without unnecessary delay. A demolition permit must be obtained froth the City of Branson Building Department prior to commencing work. Failure to comply with this Notice and Order will result in a formal hearing before the Director of Planning and Development, and may result in further actions by the City, including, but not limited to, a written Order of Abatement and abatement of all violations by the City. Issued by: 1 Jim�.aG1 orr t Di dctor)Plannin�ecvdropment 1115;r17411/11:rTfglolE giV;13f7N it Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivety Is desired. n Print your namo and address on the reverse so that. we can return the card to you. n Attac t this card to tho back of the ntaliplece, or on the front If space permits. I. Article Addressed to; Inn--2 LLC cibz: JR's Motor Inn P.O. Box 2635 Springfield, lvlO 65801 Daly! %3 OL_OIi51Plil.10:10IF,E•1Yfi704014Nli2i,r, •.t _ I A. SI nature . } ,EAgent D Addressee Printed Name): D. Is delivery address diffe ent from Ilein 1? If YES, enter delivery c(iftrpss below; 3. Se vice type Certified Mall D Express Mall Registered Cl Return Receipt for Merchandise D Insured Mall © C.O.D. 4. Restricted Delivery? (Odra Fee) ❑ Yes 2. Article Number 7 [1 J, 2 3050 00111 9987 5182 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M•1i- AA Page2of2 I • 1.1 id -I-1 t 1 I I. `. • 1 ' • , GI'IOr Y i) lic-\\)) /A\ 1\I\[ l )n\ »Ckr Planning & Development Mulch 14, 2013 Lcisuretel: LTD, foe. c/o Cary W. A Ilmnu 101 State Drive, Ste, 100 Flollistcr, MO 65672 t';<<Ilillil 110 West Maddox St.. Suite 215 o Branson, Missouri 95ti16 (417) 337-8519 a FAX (417) 334-2391 RE: NOTICE AND ORDER-194d W. STATE IIICHWVAV 76, BRANSON, MO Please find enclosed for your review n copy ofa Notice and Order for JR's Motor Inn located at the above reference local ion. Wyatt aro not a person of interest iu this mailer, please disregard. Sincerely, \\ 6/Jiff 1..mvson / l�Ireutor .ICI ./ss u Gmnplole Items 1, 2, and 3 Also IIern 4 If Restricted Delivery Is de , u Print your name and address on t` so that the can return rho card 1p ri Attach rats card to the back of tt- Burt nr on tau front If spaco permits, 17) -a 1. A•tklnAdJmssed to: Lcistireleh l:I'1:1. Inc. c/o Gary Allman 101 State Drive, Ste. 10(1 Ilollistcr, MC) 6502 2. Alllclo Number Monster from s fill 2 U:S, Postal Serylcetl, CERTIFIED MAPL,,1tRECEIPT (Donio.ffo Mn11Only) No'Inauranao (lovntogo Prov/dod) [IG1 „ 'I �i4Z6 1'os4a90 $ Co1V:i,u rcu !Mon Ilea jd I'ca (F.alorso,ncnl fcqulh:d) r1cs11b:,a,l no'IV1. iy Co, (Ewlar:cu co111cqu0 d) Total PolingoAI,eaa 1,.IIt 2.4 � !too 03/1•'i1201a lr? Y /\-uunratiL... :wee?, mg. A'da orrocvxno. 1171 ^:lL' S1171x7IG._tl-b city, OW °turc, Z,f'Id 1.051.01 :i;•rr,l,i�i�t,}�;? PS Forn, 3011, February 2004 Cc: Rocky Mountain Manngoulcnt LLC, 300-L1 East High Street, Brad Potpie, 3350 Ashworth, Aurora, CO 80126 hobct•L Watford, 8227 S. holly Street, Centennial, CO 80122 Robert Paulson, 106 Travis Trail, Branson, MO 65616 Doinc tlo Return Recolpt lelterson City, MO 65101 102595-02-6f15 cITY 11 I1 �� A\ [\I or I))I\\.,-;1\ (c. )) 1 I�;i Ham -ling Dorf'oBI (; roloNiii Match 1.1, 2013 Lcrisurcick 1.T17, Eno. efo Gary W. Allmon 101 State Drive, Slu. 10(1 t-follistcr, MO 65672 Is;�l)ilril (* 110 West Maddox SI. O Suite 215 11 Branson 1, Mlssoud 65616 (417) 337-8549 a FAX (417) 334-2391 rn II' M1 art a<^' i' II, 1 I ru 10.46 .11 E.000 0002 r9 r- foitopu Cuti9a1 pao Auhvn RcisYpt Fa (rn•Ssreenr re, 11004:.1) H±:bt:tcd IM4vri Era (f:, r:c,;m:nt flecri cJ) 7�• .I P,.:ta§n 1. raas 13.10 11.5S I: PovnarN Hero W/ 151203 .-•n t....Mvwitt0k fsr u •c. c(""1- ,o. 4-�...G-kw 1-4rbt-I �r ow �Lrrc, iJlh •1 TN-Ft--11 * l e11.1 MO 105lb v:J;.Inn:PpPr':14!p1!°' S'1" `:1•. 11( cr(9.1h114n'!I I•Iq RE: NOTICE AND Oltnit —19,14 W. S'1'ATl 1UIG11WA1' 76, BRANSON, Mt) Plcaso find enclosed for your review a copy of a Nolico nod Order for JR's Motor Inn Iaculul nt tlw ubovo reference location. If you aro not a person of interest in This matter, please (I isregnRI. JCL/ss Cc: Rocky Mountain M,tnngentcnl LLC, 300-R Fast I ligh Street, Jefferson City, MO 6511)1 Brad Poppie, 3350 Aslnvarllr, Aurora, CO 80126 Robert WalI id, 8227 8. 'lolly Street, Centen)ial, CO 80122 Robert Paulson, 106 Travis Trail, Brunson, MO 65616 ) /I I I ) L, CI a 2 (..) IA m- ,-0 • V p- 0 +ELL' . El ru 0 c l ri V 15 ru o 'a ID t-L. EM :2 V C.../ 0 CI ru 0 0 . r-9 0 0 r-1 al fh •11.! r- III I lif 8 7E3,1 EDO PO R-115161i11g 6 , Delloloromt lri4; March 14, 2013 Leisiru•cick LTD, Inc. c/o Gary W. Allman 101 State Drive, Ste. 100 Hollister, MO 65672 110 West Maddox St'.. Suite 215 c Branson, Missuull 6501d (417) 337-8519 FAX ('117) 334-2391 IIII: , Ir611afall"I:I:!tltcl:lr t1:1 % I:;111I I;11: 110 li(i !:VI ).,I'.. I;;d; is l: ll: )II .11 t(' ', (,rdr• r;r:rt,lnrdr.: r, r. �,brul,:urr-aa'I'I.J .( l: �ruaf N:(a�); CJ •bl�� l IIH M'rllllr'IIn11111 II�IIIS J PniIt I_n ',rq l!P:�f•I•Inl r' I t i I I., Ilftil (ilt ICI '�' / .� �I 0 I 1 •° no Iroaw o $ 10,66 0l'. 9 .31 7011 2000 OQG2 I;cr:itictl l'aa $3,10 i foul flccoo N. (CrAinv.Inlent ItcoliW) IIC1Ir.cic'1VctVCryFco (Crdor_oIn[nl flerrd,ca) Total Poanryc a rccc Sent T, lueus.nk It:ro 03/I5/20B lPot�piL z :stM):))': 335D A, 5b Mrunn,nn. sllµ IX1-i i:14;g.%,ra,YIP T A.t t ,(...)tzl,, et, I:ra aldp a.p ;!4pI ;,11�•f; �r. , , r1.,., ,, ...1.101.01 .In.10! RE: NOTICE AND ORDER— 19,1 d W. STATE HIGHWAY 76, BRANSON, MO Please find enclosed for your review n copy of n Notice and Order for Jlt's Motor Inn located at Ilia above reference locnlion. If you aro not a person of interest in Ibis matte); please disregard. JCL/ss Cc: Rocky Mountain Management I.I.C, 300-13 Last High Street, Jefferson City, MO 65101 Bald Poppic, 3350 Ashworth, Aurora, CO 80126 Robert Wnlford, 8227 S. Holly Street, Centennial, CO 80122 Robert Paulson, 106 Travis Tail, Branson, MO 65616 a C1 s�> n n ❑ SI N J- 1J ESE. if gip 0 L 625E HOC ❑DD2 0 11 1;; i1 rotl.' r I' I i 1 nruro 11 1 1Y I' 1 WI Planning and Development Dept. I I11 W. MoCdux St., Slu. 215 Branson, l'issoud 65616 f".7S1,f.1ltlrJl(.!+r(fltl_`�r __ 11 70116 2000 0002 6529 7039 t'?1.!:1.201:gti•1:1:1c: tl-1;(9:1- 113/15G!111:; Ilt: �1•:Ir',� j: u�:�bubrn�rs I !'n�iirnv:ce llt:jl i (II11', 1' 1)CUVIG�di `'f tote if ; •I -n VII'.1r a1,, rr or. cc;/l; its TUF.i! Ti Ulm .=tll1[D Di!AtiI 'r' (1? FrII:'!r1I'1'' 1111t11111111111111111lti iii111l l ilrllrll li IIIIUfrllulill •..r-ynl,a 1. _. .+i1J� .�L S t b _a1r1_E��LiP!'� 1, Eii'rrr 715 it ;tit u Complete Items 1, 2, and 3. Also compteto Item 4 If Restibted Delivery Is desired. 11 Print your name and address on the reverse so that wo con return the card to you. n Attach this card to the back of the mallplece, or on tho front If space permits. :6.0 i 1:4-nYrr►(14-$50011'K!7tw.liP 0:?; t. Article Addressed tu: Robert 1Valford 8227 S. Holly Street Centenn tl, CO 80122 A. Signior.) )f D. Received by (Pdntcd Nemo) ii o Agent 0 Addressee C. Uate 01 ❑edvoy D. is delivery uddross acres! from Item 11 13 Vea It YES, enter delivery address bolo: c ll Na 3. ScrvIcaTypo bji C i lied Maq 0 Expror.a Mill 0 Renlstared 0 Return Receipt for Marchnndlse ❑ Inaured Mall 0 C.O.D. 4. Resldcled Dellvaly9 (Extra Feo) 0 yns ArlioloNumber- ((mnstpr(rnm se: • 70111r 2000 0002 652 9 7039 PS Form 3811, February 2004 uornesIlc ri0lurn ROcalpl 10259i-024.1.1540 0'i v ->> I >> h� or i\I it arniRiling Dc;f llopr,ddc vit Minch 1i),2013 Lcisurctck L'IT), 61c. c/o Cary W, Allman 101 State Drive, Si.c100 Ilollister, MO 65672 ••Ilihit -' 110 West Madrtux SL • Suite 215 • Manson, Missouri 05019 (4.17) 337-8549 « FAX (417) 339-2301 I IJ 111 LI Iti u• ru 1f1 .. rI RI D ra MI;', 1:'1.1:0:11` :NO itl: (:1:I;;;1111;11 I11t111IV.+`III., 1'41; V. 11rt II11,1111•1 � I �hllu Is11'1 ri( IGr`Irinlrfd,dtr•Prlr�l•L.•l:'PI'/(�I J' 1 (a.1,,tLi�u(. ll(.11�4t1,,�•11h11n911In. ii' lip 111•:.ji.. nnf��.;t•hlh�- Ihill�tlt�� l, ,).ti, ')845 Mingo 5 cmusadreo — i3.10 - I[ • (endn onwil ll I l I) i2.55 Ilr,b df i Dcl,'t•ay ran (IWitacnleG 11u,11errd) L7 Tol*lrbarnnAFuca o 111 -voila t=' err w.,t?MM 112 .... J.g,r'%:`),I. 5 -.1 ,../ 11., r` i;r, 1;r;F,Yrf,i3n.15e1,1 %V1L-' Cos 10,00 16.3) r at 11cr �n� 03/15/2013 rpla RE: NOTICE ANI) ORDER-19dd W. STATE HIGHWAY 76, IBRANSON, MO Please find enclosed for your review a copy of n Notice and Order for.Itt's Motor Inn located nt Ile above 'Armco location. If you aro not a person of interest in this matter. uteaso dlsrceard. g1 (1117:1: ;_r �,�• u complete Items 1, 2, and 3. Also complete Item 411 Rosldoled Dellvmy la desired. n Print your name and address on Ihu ruvnrne so Mat we can relum the card to you. q Ailactl this card to the back of oho Ineepluco, or on tlto front 11 apace permits, 1. Articlo Addlesced to: Robert Paulson 106 Travis Trail Branson, MO 65616 atTION ry � »oi lnlr>o iiils.seortbN oN DELIVERY 1 aanntt)Io 0 Ad L! ,J 0 ArlldroIr05,ca R. Iivaulvc i by (Pentad Name) C. a to cr Dallva(y 614,), E. 1--1 a _.0.11411f,-'- I). la daI vo y addraca dllferenl front Item 1? 0 Yea If YES, cnlor t I allvory nddrossbet° v: 0 no 3, Sorvl rpe Co+fised fAly+ 0 Exp as Mal Ll Raa'ntlnd 0 Return Rf c'pt for t.lctehandlao 0 loured man 0 C.O.D. 4, Reahtered Dehveyl lEfn Feet Olio P 2. Poste r 2p1711 0002 r 5 71 piansrar: •,,, - PS Form 3811, February 2004 nonlesllo Holum rkc.tlpl Co: Ituoky Mott nhlin Mnnugcment LLC, 300-l3East Digit Street, Jafli;rsull City, MO 65101 Brad Preppie, 3350 Ashworth, Aurora, CO 80126 Robert Wnllbrd, 8227 S. Dolly Street, Centennial, Cu 80122 Robert Paulson, 106 Travis Trail, Manson, MO 65616 10259502•:Ft5i ij Lour `7i e flopornlu;: lti63301) 1. CllectNadalnt Mara P,013 ;;It Q81)0 11M 2 Thoe3mfeor(nle+estlnlhotandclescilkilorrotenedtolrtltdsflEportlsl'Ee811111 e• a Tilfoto0iu C iiirllploe latoorfrileres1In11ialiultiNniih`iPICcCUtai3�to�'es[ccil��% INN-2, Lt,G 4• The land referred lain Ihts Ticjoll IR sliuMed.fii Itlo Comity, of •.TANLY, SIe1e 01 Mlsse•Jti,• fJY.! to ttoactiterl es fellveto ALL THAT PART OF PLOT TWO (%).OF LOT NINE•(0) Qf THC•IORTH'W!ST QUAItYER (KW114)-O THE NORTHWEST QUARTER (NW1/4) OF SECTION SIX (6), TOWNsHtP (2:4 NORTH, RANGE TWENTY-ONE (21) VI1rST, EXCEPT THAT PART DESCRIBED AS: BEGINNING AT THE NORTHEAST CORNER:Q1= SAID PLOT TWO (2), 11ENCC•SOUTH 2O6,41 FELT; THENCE 'WEST '160 PEET1 TEIfiNCE NOwa) 110 PEET TO TEE SOUTHERLY RIGI.IT-OF-WAY Of M1SSOURI STATE HIGHWAY 1176; THENCE NORTHEASTERLY ALONG SAID R1Gi i orAVAY.i 9z,43 PEET TO THE POINT OF UEGIM11ING,'1NI TANEY COUNTY,' MSSOURI. Haan Land 'Tldo Company 1605 E.Guitshlne Sptlnpileld, MO 05004 To! 417 062:3000 ttiyhy.lio tolli(lo.conl (1303306•1)1D!t303306!I3) 3. l!�I+'O RIA1.L TPI'LE REPORT (ITCMS Ot RECORD) Report ttunsU.a: 1303300 'the f ellowinn Roma are rifsclossd by the pubito record of the County ref feoled on this repon, 'these nerns are being shown for Informational purposes only: 1• The Ilan of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid for the year 2013 and all subsequent years. 'fax ID??1773,O•06.002.006.014.000 Vl.; $410,600 TXt $23,692.B3 2. Water Line Easement as set out In Book 233, at Page 958, Recorder's Office, TANEY County, Missouri. Easement as sex out in Doolc 268, at Page 915, Recorder's Office, TANEY County, Missouri. 't• Easement es set out in Book 268, at Page 916, Recorder's Office, TANEY County, Missouri. 8, Memorandum of Agreement to TCA Cable TV of Missouri as set out in Book 419, at Page 055, Recorder's Office, TANEY County, Missouri. 6. Notes of Lis Pelldens for Case 1/IMF-CC0076B, satisfaction of Judgment filed November 28, 2011,as set out in Book 2010, at Page 47029, Recorder's Office, TANEY County, Missouri. r Ftffa}iclii; Stat6"Ment'het linen J,R.'S MOTOR INN, INC,, A MISSOURI CORPORATION, Debtor and GREAT SOUTHERN DANK, Secured Party, flied APRIL 24, 2002, in Book 397, at Page 6715, Recorder's Office, TANEY County, Missouri; AND AMENDMENT recorded In Book 2012, at Page 24231, Recorder's Office, TANEY County, Missouri, a. Notice of Vs I'endens flied January 2, 2013 in Book 2013, at page 00001, Recorder's Office, TANEY County, Missouri. g. The liability of the Company under this Informational report shall not exceed $1000. • 10• NOTE: This Report Is not an opinion of title, nor Is it a commitment to insure title. This Report is furnished for reference purposes only and should not be relied upon as a commitment to insure title to the premises herein described, if title insurance coverage is desired, application should be made through this office for a title Insurance commitment in an amount to bo agreed upon, and the prospective insureds must be identified. Hop an Land Tilio company 151I 5 o,Sunshliie Spr i I1eld, MO. 05604 Tot 417 082.3000 vtvtiv.ftopenno.Cgm 11303000.t'FD/1303306/13) Taney County, fV o b e a c i fl 'TM Date Created: 11/20/2013 Parcel Parcel ID Property Address Tax Code Sec/Twp/Rng Brief Tax Description School District Fire District City Deed Book/Page/Date 17-3.0-06-002-006-014.000 1944 W STATE HWY 76 4CXB 06/22/21 PT PL 2 LT 9 NW4; U 1 Y OF BRANSON (Note: Not to be used on legal documents) Branson N/A Branson 2010-11387 (03/19/10) Owner INN-2 LLC DBA: JR'S MOTOR INN PO BOX 2635 SPRINGFIELD, MO 65801 Land Lot Dimensions Lot Area 47 X 841 IRR 3.5 Acres Improvements 'Number iDescription 1-6 'Asphalt Paving 11-7 'Concrete Paving 1.2-2 'Office Year Built' Base Area[ Adjusted Area 1982r 52580 52580 19821 18441844 1 19851 288I— 306 Valuation Residential Agricultural Commercial Total Improvements $0 $0 $42,801 Land $0 $0 $257,960 Total $0 $0 $300,761 Assessed Total $0 $0 $96,240 $96,240 No data available for the following modules: Photos. Click here for help. Disclaimer: Taney County makes every effort to produce and publish the most current and accurate information possible. This data is provided "as is" without warranty or any representation of accuracy, timeliness, or completeness. The burden for determining accuracy, completeness, timeliness, merchantability, and fitness for or the appropriateness for use rests solely on the requester. Taney County makes no warranties, expressed or implied, as to the use of the data. There are no implied warranties of merchantability or fitness for a particular purpose. The requester acknowledges and accepts the limitations of the data, including the fact that the data is dynamic and is in a constant state of maintenance, correction, and update. Last Data Upload: 11/20/2013 2:50:31 AM developed by The Schneider Corporation Schneider www.schneidercorp.com 44.1 cl;l f:i III ) Planning 81. Development July 15, 2013 INN-2 LLC Dint: JR's Motor Inn P. O. Box 2635 Springfield, MO 658111 NOTICE AND ORDER DATED: COMPLIANCE DA'I'I':: VIOLATION ADDRESS: ORIGINAL INSPECTION DATE: t ,r.) ihil 1.. 0-1 ct►) I ) 110 West Maddux SI, • Suita 215 • Damson, Missouri 65616 (417) 337.8549 • FAX (417) 334-2391 NOTICE OF HEARING CITY OF I3RANSON IIL:ARING DATE: IIFARING TIME: HEARING PLACK: July 26, 2013 10:00 a.m. City Hall 110 W. ;Oneidas St. Council Cluunbers flranson, MO 65616 February 15, 2013 March 22, 2013 19441 W. State I lighway 76, Branson, MO January 7, 2013 NITEN'17ON RESPONSIBLE PARTY/PROPERTY OWNER 'l'he Director of Planning and Development has determined Ihat full compliance with the above referenced "Notice and Order" has not been achieved ns oldie "Compliance Dalc." Therefore, pursuant to Section 22-208 of the City of Branson Municipal Code, a hearing has been scheduled on July 26, 2013, at 10:00 a.m. The Bearing will be held at City Hall, 110 W. Mnddux Street, Council Chambers, Branson, Missouri. You are requested to appear before the Director of Planning and Development of die City of Branson to show cause why the buildings, sign structures, and pool located: i 19411 W. State Highway 76, Branson, MO, reported to be dangerous should not be repaired or demolished in accordance with the Notice and Order dated February 15, 2013. I'are I ,,l'2 Any party may be represented by counsel and will have the opportunity to he heard. City inspector(s) will present their evidence stipulnliug that the building(s) shook! be declared dangerous, The Director will make written findings of I;ici from the evidence offered whether or not the buildings) or structure(s) in question is a dangerous building(~). If the evidence supports H finding based upon competent and substantial evidence that the building(s) or slructtre(s) is n dangerous Utiilding, the Director shall issue a wrift ii order of abatement based on such findings of feet, commanding the owner(s) or other responsible patty, to repair, vacate, board, or demolish aiiy building(s) oe slruatine(s) found to be a dangerous building and to remove all debris and rubbish from the property, Provided that any person so notified, shall have the privilege. of either vacating and repairing said buildings) or structure(s) (if such repair will comply with the ordinances of the city) or mny vacate and demolish said dangerous buildings) at his own risk to prevent the city from acquiring a licit against the land where the dangerous building(s) stands. If the evidence does not support. a finding that a building(s) or structure(s) is a dangerous building(s), no order shall be issued. RV >; w oiv 7 / /� Omar f Plan ii g and Development _i:ity of Branson Page 2 of 2 1-1 I� w r- lI" r. rr• ru IQ .n ru O p p nJ 1-1 141 ry in p to ru Ir .n 1 In1.1i II'-(=10(.1 Or11 iD l lV:V11,r 4.:(cy 11,'11 1. 1ll rl�'i,rt,ll, tl!/u;' rei•Ixifd)ri.)(;1 )) Tr7,1(1'ujlltlna111 lI 11 df'.l,' 1n!Ilth•;hi! CR 0011, i101P�t116 .: 11 „ II I' I'uatasu 4v111ia1 Feu Ilulu iI Iloca:pl Feo (EndMItt raarll Rcglrred) It:stric I eJ ()alivery Fca (radumetuant Rc.lurcd) Total l'u:lapo & 1'eoo it; p�- rredf, . .' }- $ 10.46 13.10 0.55 10,00 (i` UAL_ 0205 09 1'ulifnork !luta 07/15/2013 cry. vl,ita.7.IP, `NIL') LpSLoI lit •1*,a.,rn.,1•1,:.r•:ti e'ilrrl4,1:• .:•'il•r::. .-ill:nl 1, �'I Ir(ala1?III=1=li1+4i,i;t,' (0".1 ?IiIli111=.I )NfiV•'.Vl1,r, f,d;IcJrllrhl "__l r l C._;_61 ___ j__iY��rrll:wr:r,r•1 'learl'r.(•r 1 e;•rlrlt•1•Il 41al9'11/ (1(p1U1,11¢ll i11$Flt htl,lf 91) Ii!Y4l1.l:11.1•tn• JE(FERI011 cl1 YIIII0 450Ir..;, 11 11 Poatnso Cu,Mh:d rco !Ulm Rrcatpl Fpo lEnJo,uunlurd !Wittier') Rcattctd.l Dol voly Fcu (Cnrb,aemcnf Raryufrecl) warol ro>tnpa e. Nos s 10.46 13.10 4U 110 1G tI 0805 0? Mannk IU11.; Woi:fiirli )I(iliijaf (c1L1p1411 (1;1J))11'UV.',,II , Ifrl (t I IG'II I I!'!•n,r 11103,1plinrlrl(i 4'(,IIilIRr 1,1 r'Ir Ilhn 1 1 /61l('(-1%fl 1-9 17 i rr. : r•Ihl tn'r11j1k.,nlIlj)n11i`UIu W111I111: 1 fait');l:Il(II.L., IT' .. ru 6 10.46 I 0305 .I1 rollusa Cnlifed Fco fU O ❑elf in I tecsrpl Fco p (Fr4crcwnonlfairbctl) U flogilottd DAW,yy Fee CI (Endoitcnttnl IIv%lrlfed) p Total Pollnsu R Fah) al rl rl 1f) rll rl =r 43.10 12,55 1,11; Pd.hnor% 'tufa 10. 0 07/15/2013 ir?j*,•,,.i�ry3P.{�s� "rO ikm hb. 130••.. • J.:\S.l1i•41.1r' , . Y1.•1 slsr;,;Y,llc',n1.4(-r>I�.>ti f C17 Sb• 12Lp :h li:.11�i��r!• ,:Illln 1�•"ri:ii: .. !Ilf 1'1:11' If:t•II.11111I.IIt•II IC:;) 1"l0):1(%I)''.icl,v,IRr-" rLI 1: nit;ll: J u il!'.'i!I„.IrfJs.'lct (l+!!,nr:Yllhll,Sl:INrulalG,,•Y•tlhl l4LIrh7-rrrY I (I!1 hl/l!i 1il'P7�11 ia,rf;(alll ly.ndhlnn,llhil hlah'dq t , I lllb 11 r IIII'tt!}(�t.r !•hit._ ta>,.IIII,I1ILl�I`71U116l!II) 11 r ll:f l it Puctasn Lfl coaxed rco r1 p oo (Fndomownl Rent lcd) Hum nc:r{ticJDa..,: y roc p (Fndmsonfonl llayiecd) Tutal Poslupo&Foca $ 07/15/2013 eenl hr e zC�Fz' o:h13 th.fl�r "POUexla3C17" b.., - r5ry'ifllr. 7U t4 1p5 IL 1.I'a;:IM::61i1'rl.lri�l'1h Y''':• +1 .'1 .1 .I Ih1.11JIIf II•IIhnL: IUl'r l l"{olat%II• 'flit+JlN%tr• (c.I:-J JI11; it:lp)I(y,V•;Vlllr' I1VC1; IIr'n fl-'_/',rr:r rlr „i:grr.vdl'1.1il.:rlrrulr;r,rr• r ,.l r,r(.r r' r'rr•Ivr%Gr%lr 1ft;1644)79tYI1111•rf0j11DPIT (u i1.07 I:110 t.1tILE)011 40 401g2' 'III 11 _ ro>Inoo Curpritrd Poo ru d Holum flecc!pl rep p (Emlomcum Mflcqu:tt7 to Ilest r1ad DoGvcyrta Ll eitukfecmcol RcfFntc,) 11 Total rb>tusaRFcdarGr- n.l Iry � �. ...•�).`.a1rrrc�a4.) CI l•4l Vex nu. yy • - L, - C' 1 SLt Il f J I- I U; CL) S 10.46 13.10 0805 ri.55_ 09 ra>Imurk Ifoto 07/15/20i3 m $ f0.46 43.10 12,55 10.0+) 4t., I I 0803 0'1 ru:hrutk nolo 1)7/15/2013 Sant To , ', rl I,u% _ �hre�itpl.tu.; p erpOUoxh'a 1y.�ie r7t:.X. P.6 b �17rf. d�f f d, M rJ:l itI='1 Aei A4J' R, IIOt 11S(EI< 110:6 672" li / ?, 11 • II 1• Ian rnalos° $ 0205 .n valor %d rep e llt.Vtoin rf eliuGa ' ,ef ,,r C •.. tl r-t 1CE4R�117I �,114'FiECEIP`iT 401r1ltv OltlC.141Yr Wattai ilkunR0,00.110 tt:ln PlOvidON Iloluof Itoco'pl run (Endottol of Rurrilito) flu.aicl' d Ilc&ruy Feo (Endamoment Ilt,yulrc) TtIIl1oa,Dagreda 16.11 07/15/2013 Sent to (11�IJ r ,0t rtrrN.t'.: Il L L� \ n t 1 1. Ib{7 rrrOFklr6'.,. ) ) 1: , ?h.)�l - 00:. 1to, \171 l trlrr<.I?, .;:I :::,:: �.. - r.n•v:, rr I. .. 1, I,ua :, r poi nn u,�p,ll?'•i 10.41 13.10 02.55 10.00 114 I'a>tm:uk I1010 1'.::1li l ll1 Ail9FAlt{ i71'r/;1Nad_ td:ll3�) 1�)d[lr`i to Compete Items 1, 2, find 3. Also comptotu Item 4 If Restricted DolIVOry 1s desired. If Print your namo and address on the reverss so that we con return the card to you. n Attach this card to the back of the rnailpIcen, or on Iho front II spears permits. 1. Ankle Addressed lo: Lvisaretek LTD. lac:. c/o Gary Allman 101 State Drive, Ste. 100 Hollister, MO 65672 wield iigyri iiryi1-1EL1rrtmo.no eJ- inViit:IY A. SI ,)�ro l�4C�.t •r Agent /4'LiY�.4' ❑ Address C. Dale of Dolive R, Recolvcdby(PdnlcdNmno) e_ sl.h%erVl D. la delivery address different from item 1? ❑ Yes If YES. enter delivery address bolo r: ❑ No �. vice Type Cutilise! Moll CI Express Mail ❑ Registered, ❑ Return lie:elpt for Meithnndi 0 Insured Mail CI C.O.D. 4. Restricted Delivery? (Exits Fee) CI Yes 2. Ankle Number (liansfer from sere 7011 2000 0002 6529 7985 PS Form 3011, February 2004 Domestic Return Receipt :MO =l iteremifiltVitria C, ,,4 u Complete Items 1, 2, find 3. Also cornpleto Item 411 Restricted Delivery le desired. R Print your namo and address en Iho reverse returnso lhat wo can Iho card to c1 Attach this card toIl aback of Ihn you. alipies% or on the front If spaco permits. I. Ankle Addressed to: Inn 2 L1.0 1'.O. Box 2635 Springfield, EAU 6 801 102e95-02dd-Il (HJr 1 l4�r-'iial�'i��lYt7lrJ,'lt,,'N%11JUtl'! A. Slgn;durn O. Re ebeel y ( Irnleq Nan JC nt)1 L'l11r D. Is delivery address drift `i from Item 19 Cl Yes If YES, enter delivery address below: Q No 1Z(Agenl CI Addro:c O. Data elDative 2. Antis Number a. 5mvtao ryes Certiged Moll CI Express Mel 0 Regtstered CI Rolm Receipt for Merck/massMerck/mass0haured Moll 0 O.O.D. .1. RFsbicled Delivery? (Extra Fee) (rr.,rrsrrr hem cor 71] ], ]r 3 5 CI 0 011111 54111 2 514 �PS Form 3011, February 2004 Dnme9ilo Return Receipt CI Yes 102605-02.M.1540 FINDING OF NUISANCE AND ORDER OF ABATEMENT September 13, 2013 (cla SENT VIA FIRS7'CLASS REGULAR MAIL AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED ARTICLE NUMBERS 7011 3500 0001 5441 0305 and 7011 3500 0001 5441 0299 Inn-2 LLC dba Jr's Motor Inn P.O. Box 2635 Springfield, MO 65801 RE: PROPERTY LOCATED: Rocky Mountain Management, LLC c/o Brad Poppie 3350 Ashworth Littleton, CO 80126 1944 W. STATE HIGHWAY 76, BRANSON, MO Dear Owner: On July 26, 2013, violations of the City of Branson Municipal Code (hereafter called "Code"), Chapter 22, the Dangerous Building Ordinance, were found with respect to the property with the address referenced above. The property is legally described on EXHIBIT "1", attached hereto. By letter dated February 15, 2013, you were given notice of the existence of said violations and were ordered to correct the conditions constituting said violations by no later than thirty (30) clays after receiving said Notice and Order. However, you have failed to correct the conditions constituting said violations. A copy of the Notice and Order containing a description of the conditions that constitute said violations is on file in the Planning and Development Department located at 110 West Maddux, Suite 215, Branson, Missouri. By letter dated July 15, 2013, you were given notice the Director of Planning and Development would convene a hearing on this matter. A copy of said Notice of Hearing is on file in the Planning and Development Department located at 110 West Maddux Street, Suite 215, Branson, Missouri. Pursuant to Section 22-208 of the Code, the undersigned Interim Director of' Planning and Development convened a hearing on this matter at 10:00 a.m. on July 26, 2013. The City of Branson (hereafter called "City") was represented by the City's attorney of record, William Duston. Mr. Duston presented exhibits, all of which were admitted into evidence of the hearing. Robert Paulson, legal counsel anti representative for Inn-2, LLC, provided comments concerning the property and the administrative action. Andrew Bennett, legal counsel and representative for Rocky Mountain Management LLC, provided comments concerning the property and the administrative action. Upon conclusion of the evidence, the matter was taken under advisement. Now on this date, after review of the evidence and the Code, the Interim Director of Planning and Development makes the following findings of fact, conclusions of law, and order. FINDINGS OF FACT On the basis of competent and substantial evidence presented at said hearing, and pursuant to Section 22-208 of the Code, the undersigned Interim Director of Planning and Development finds as follows: Page 1 o f 5 1, The facts as stated hi City of Branson rite & Rescue Investigation reports, which are attached hereto as EXHIBIT "2" and "3", are true, No objection was made to these reports. 2. The Interim Director of Planning and Development also finds that INN-2, L1,C had formal and sufficient notice of the July 26, 2013 hearing. No objection was made to these reports, 3, Structural Engineer Ronald Hamme's report and conclusions (EXHIBIT "4") are taken as true, No objection was made to his report, 4. The building inspector found that due to a combination of a tornado event which occurred on February 29, 2012 and a fsre event which occurred on September 8, 2012, the main structure on the property contained the following conditions: portions of the roof and second floor ceiling joists/trusses sustained heavy damage from fire extending upward into all the members of the trusses and into the decking on the underside of the roof; drywall from the ceiling and walls were fallen down on the floor; heavy damage from smoke and heat was found on the ceiling and down the walls in the hallway area and one of the bedrooms; the building has been exposed to the elements and all of the interior finishes have been compromised; the mechanical and electrical systems have also been damaged; the entrance canopy is missing the two end columns; and trash and debris were found inside and outside of the structure. Based on these findings the structure has the following conditions which Snake it a "Dangerous Building" as defined hi Section 22-200: (3) the floor or the roof is overloaded or of insufficient strength to be reasonably safe for the purpose used; and (4) portions, members, or appurtenances thereof have been damaged so that the structural strength or stability of any portion of the structure/building threatens the life, health, safety, or property of the occupants or public; and (5) portions, members, appurtenances, or ornamentation thereof, is of insufficient strength or stability so that it tlueatens the life, health, safety, or property of the occupants or public; and (6) the building or structure, or any portion thereof is likely to partially or completely collapse; and (7) the building or structure, or any portion thereof, is so unsafe for the purpose for which it is being used, so as to threaten the life, health, or safety of the occupants or public; and (9) the building or structure, exclusive of the foundation, shows.33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage of deterioration of its non -supporting members, enclosing or outside walls or coverings; and Page 2of5 (10) the building or structure has been so damaged (for whatever cause) so as to become dangerous to life, safety, or the general health and welfare of the occupants or the public; and (13) the building or structure is in violation of the eity's building regulations or adopted code, or any other laws or ordinances that protects the life, health, and safety of the occupants or public, as further described below: a. Branson Municipal Code, Chapter 58-294(1)(2)(3) --Accumulation of rubbish b, Branson Municipal Code, Chapter 58-294(2) — Standing water / breeding mosquitos c. 2009 International Property Maintenance Code, Section 108,1,1 —Unsafe structures d. 2009 International Property Maintenance Code, Section 108,1.3 —Structures unfit for human occupancy e. 2009 International Property Maintenance Code, Section 108.1,5 —Dangerous structures £ 2009 International. Property Maintenance Code, Section 301.3 - Vacant structures and land g. 2009 International Property Maintenance Code, Section 302,7 — Lack ofmaintenance of accessory structure h. 2009 International Property Maintenance Code, Section 304,1,1—Exterior structure', unsafe conditions i, 2009 International Property Maintenance Code, Section 304.2 --Exterior structure; lack of protective treatments j. 2009 International Property Maintenance Code, Section —304,6 — Exterior walls k. 2009 International Property Maintenance Code, Section 304,7 --Roofs and drainage 1.2009 International Property Maintenance Code, Section 304.13 — Window and door frames in, 2009 International Property Maintenance Code, Section 304.13.1-- Window glazing n. 2009 International Property Maintenance Code, Section 304.15 —Door's o. 2009 International Property Maintenance Code, Section 305,1 — Interior structure; lack of maintenance p, 2009 International Property Maintenance Code, Section 305.3 — Interior surfaces Page 3 of 5 q. 2009 International Property Maintenance Code, Section 305/1 — Stairs and walking surfaces r, 2009 International Property Maintenance Code, Section 305.6 — Interior doors s. 2009 International Property Maintenance Code, Section 306,1 — Structural components t, 2009 International Properly Maintenance Code, Section 603.1 — Mechanical appliances 1t. 2009 International Property Maintenance Code, Section 604.1 — Electrical facilities v. 2009 International Property Maintenance Code, Section 605.1--Electrical equipment (15) the building or structure is determined to be unsanitary, unfit for -human habitation, or in such a condition that is likely to cause sickness or disease; and (16) the building or structure is determined to be a fire hazard. The City of Branson, its inspectors, employees and agents have properly followed and complied with all of the procedures required under Chapter 22 of the Branson Municipal Code. Inn-2 LLC has not complied with the Notice and Order issued February 15, 2013 by bringing the structure into compliance with the City's building codes, regulations and ordinances. 5, The Notice and Order was issued on a reasonable basis and is within the standards set forth in Chapter 22 of the Branson Municipal Code, 6. INN-2 LLC, DBAt M.'s Motor Inn, P.O. Box 2635, is listed as the owner of said .property according to the records of the Taney County Missouri Accessor's Office. 7. The Interim Director of Planning and Development properly has jurisdiction over the matter, CONCLUSIONS OF LAW 1, Fourth Class cites are given the power to pass ordinances for the prevention and abatement of nuisances by Missouri Statute 79,370. State ex, Rel Daniels 1,, Kasten, 382 S,W,2d 714 (Mo.App. 1964), held that this statue applies nuisance to situations that already exist, 2. The structure's conditions violate the following subsections of Branson Municipal Code Sections 22-200 (definition of "Dangerous Building" as explained in Paragraph 4 of the Findings of Fact above), 58-294(1)-(3), and Sections 108, 301, 302, 304, 305, 306, 603, 604 and 605 of the 2009 International Properly Maintenance Code (IPMC), as adopted by Section 22- 181 of the Code, and is, therefore, a dangerous building under the terms of the Code, 3, The City has adopted Sections 22-200 of the Branson Municipal Code under the authority granted to the City by the State Legislature to address Dangerous Buildings. Pap 4of5 ORDER You are hereby orde ed to vacate the structure and abate all of the conditions that constitute violations of Chapter 22, the 2009 International Property Maintenance Code and Chapter 58 (as described above) by demolishing the structure, removing and properly disposing of all building materials, and removing and disposing of all content of said building' debris in compliance with Chapter 22 and all other provision of the Code. The exterior property, most be cleared of all rubbish. ' All such work of abatement must be substantially completed within thirty (30) days from the receipt of this notice, In the event you fail to substantially complete the abatement work in compliance herewith within thirty, (30) days, the City may cause all such abatement work to be completed, at your expense. You will receive an invoice from the City of Branson for the demolition and associated costs, If the invoice is not paid within thirty (30) clays, the matter will be turned over to the Branson City Clerk's office and either a special tax bill will be issued to you for the costs associated therewith (as more particularly described in Section 22-215 of the Cncle) and/or such other appropriate actions as provided by law. If the City CIerk issues a special tax bill, said tax bill shall be lien against the Property as well as a personal debt obligation owed by you to the City Please be advised that, pursuant to Section 22-209 of the Code, you may have the right to appeal from these findings, and this order, to the Building Code Board of Appeals within thirty (30) days from receipt of this order, IT IS SO ORDERED. oel Hornickel Interim Director of Planning and Development L, /AL./ 13 Date Pogo 5 of5 Building Code oard of Appeals CITY OF BRANSON PLANNING & DEVELOPMENT 110 W IVIADDUX ST, SUITE 215 PHONE: 017) 337-85,7 irU+:-a(417) 3311=239.1._1--- fi:ti1:�.,C X�.I V i-1,1) O C I• _,I 14011 FOR OFFICE USE ONLY: Permit No. 1, FEE: $100.00 (Non•Rofundablo) DATE & INITIALS: ,/ 1 U4f I/ PAYMENT TYPE: aCASH eN=FHECI(1 14�' n CREDIT CARD REF 11 PUBLIC NOTICE DATE; PUBLIC HEARING DATE: EXHIBIT Applicant Name (Please Print): . ?tih ` t� L�-- Q Applicant Address: /6 / /''iA. c i ✓iJ /17)• ! /t.S t Phone Number: c/(% - 3S"-)33s" Fax Number: C7 /I/--33.5—.4)0 Email: Permit #: Permit Street Address: ItE!)1JIR1.1) 'I. 1) RE IN('1,111)1?I) BEFORE AI'1'LJ('A•1'IOiti' 11'll,l, Itl_:1Ct'1';1'11;1) X Please attach n copy of. the ifrfpeelion and/or feller flu(. was denied. X J'leai• provide coda •;eclions alf•ecled by yaw- rrllnc',t. Please provide a de(ailed de,srill(inn nr reasunin,t of refpfeNI, (Please Ilse the allached shrrl and additional !.heels if nceessar)%) Applicant Requests: (Plense check nuy that apply) The code was incorrectly interpreted. The provisions of the code do not fully apply. An equally good or better form of construction exists. PROPERTY OWNER/AGENT INFORMATION Owner's Name (Please Print): Owner's Address: Phone Number: Owner's Signature: Agent's Millie (Please Print): Agent's Address: Phone Number: Fax Number: Entail: Agent's Signature: Fax Number: Email: 1 CJ:FY OF BRANSON BIJTLDING CODE BOARD OF APPEALS/OCTOBER 1,1998 CITY OF BRANSON BUILDING CODE BOARD OF APPEALS RULES OF PROCEDURE A Building Code Board of Appeals Resolution WHEREAS, the City of Branson has appointed a Building Code Board of Appeals; and, WHEREAS, said Building Code Board of Appeals in an organizational meeting held October 1998, promulgated, the rules of procedure as follows: Section 98 100.0 DENIAL OF PERMIT OR REJECTION OF INSPECTION. Upon denial to issue a building permit by the Building Official, or by his authorized designated deputy, the owner, or his duly authorized agent, shall have the right to appeal to the Building Code Board of Appeals. Section 98 101.0 FILING OF APPEAL. The Planning & Development Department shall maintain a supply of appropriate forms on which to file an appeal. Notice of appeal must be filed, by the owner, or his duly authorized agent, in writing, with the Planning & Development Department. Section 98 101.1 1VIEETINGS. Meeting shall be held at the call of the chairperson within ten days of the filing of the.appeal and at other such times as the Building Code Board of Appeals may determine. All meetings shall be open to the public. The board shall hear the code official, the appellant, or his duly authorized agent, and any person whose interests are affected. Three (3) members of the Board shall constitute a quorum. A concurring vote of three members of the board is required to modify or reverse the decision of the Code Official. No action may be taken by the board if a quorum is not present, the hearing will be postponed to the next meeting, not to exceed thirty (30) days from the time the appeal was initially considered. Appellant shall have the right to request a postponement of any hearing when all five members are not present. Section 98 102.0 CONTENTS OF APPEAL. Basic factual information is needed, such as the date on which the appeal is filed and the specific kind of relief sought. The burden of specificity is upon the owner, or his duly authorized agent. Architectural or engineering help should be used if necessary to convey the intent of the appeal. The appeal must inform the board why they, as a jurisdictional body, have the power to address this particular question. Such power must be allowed by law. The board cannot relax Fire or Life Safety Codes, or the intent of the Code. CITY OF BRANSON 13UILn31iIG CODE BOARD OF APPEALS/OCTOBER 1,1998 Section 98 103.0 CONDITIONS FOR RELIEF. A modification or reversal of the Building Official shall find one of the following conditions: s That the code was incorrectly interpreted. a That the provisions of the code do not fully apply. That in the opinion of the Board, an equally good or better form of construction exists. Relief should be granted only when an alternate method or material demonstrates compliance to the intent of the Codes. Section 98 104.0 COURT REVIEW. If the appellant wishes to appeal the decision of the Building Code Board of Appeals, they shall have sixty (60) days which to do so to the appropriate court. If no appeal is made within sixty (60) days, the case is closed. Section 98 105.0 ORDERS AND DECISIONS. The decision of the Board shall be by resolution, setting out findings and conclusions of the Board and shall specify as precisely as possible, the exact.reason or reasons upon which the decision is based. The Building Official shall take immediate action in accordance with the decision. BE IT THEREFORE RESOLVED, that the Building Code Board of Appeals for the City of Branson hereby adopts these RULES OF PROCEDURE. DONE THIS 12th DAY OF OCTOBER 1998, BY THE BUILDING CODE BOARD OF APPEALS FOR THE CITY OF BRANSON, MISSOURI. ONEY, R VIAN OF THE Bc(A D OF APPEALS I if P SH, CERTIFIED BUILDING OFFICIAL BEFORE THE BUILDING CODE BOARD OF APPEALS CITY OF BRANSON, MISSOURI COMES NOW INN-2, LLC by and tlu•ough counsel, Robert R. Paulson II, and respectfully appeals the Finding of Nuisance and Order of Abatement of Joel Iornickel, Interim Director of Planning and Development that was entered on September 12, 2013, on the following grounds: 1. The findings of fact, conclusions of law, and Order were not supported by substantial and competent evidence; 2. The findings of fact, conclusions of law, and Order were against the weight of the evidence; 3. A copy of the Findings, Conclusions and Order appealed from is attached hereto as Exhibit "A"; 4. Appellant is prepared to deposit the amount necessary to appeal to this board upon request of the amount required, or it has already deposited said amount with the City of Branson; 5. The entity making this appeal is INN-2, LLC which the Taney County Recorder's Office shows as the owner of the present property; INN-2, LLC may be contacted by mailing to its attorney of record at P.O. Box 6422, Branson, Missouri 65615 and its Registered Agent of record is Gary Allman, 101 State Drive, Hollister, Missouri. 6. INN-2, LLC is currently in a dispute in Taney County Case No. 12AF-CC01073, regarding the respective interests, ownership and otherwise held by 1NN-2, LLC, Colorado Investment Properties, LLC and Rocky Mountain Management, LLC; 7. The interests of INN-2, LLC in the property commonly known as JRs Motor Inn, located at 1944 West Highway 76 in Branson, Missouri, will potentially be effected by diminishing the value of the property, in the event that the property is not actually unsafe, and unusable; WHEREFORE, Appellant prays this court reverse the findings of fact, conclusions of law and Order of Joel Hornickel, dated September 12, 2013. Respectfully submitted, Robert R. Paulson II Missouri Bar #40243 P.O. Box 6422 Branson, Missouri 65615 Phone: 417-335-2355 Email: bobpanlson58@a?gmail.coin Attorney for Appellants CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served upon Rocky Mountain Management, LLC by sending a copy to its attorney of record, Andrew Bennett at P.O. Box 10009, Springfield, MO 65808, on this the 11'1' day of October, 2013. Robert R. Paulson II FINDING OF NUISANCEAND ' ORDER O ABATEMENT September 12, 2013 SENT VIA FIRST CLASS REGULAR MAIL AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED ARTICLE NUMBERS 7011 3500 0001 5441 0312 and 9011 3500 0001 5441 0329 Inn-2 LLC dba Jr's Motor Inn P.O. Box 2635 Springfield, MO 65801 Rocky Mountain Management, LLC c/o Brad Poppie 3350 Ashworth Littleton, CO 80126 RE PROPERTY LOCATED: 1944 W. STATE MCI -MAY 76, BRANSON, MO Dear Owner: On July 26, 2013, violations of the City of Branson Municipal Code (hereafter called "Code"), Chapter 22, the Dangerous Building Ordinance, were found with respect to the property with the address referenced above. The property is legally described on EXHIBIT "1", attached hereto. By -letter dated February 15, 2013, you were given notice of the existence of said violations and were. ordered to correct the conditions constituting said violations by no later than thirty (30) days after receiving said Notice and Order. However, you have failed to correct the conditions constituting said violations. A copy of the Notice and Order containing a description of the conditions that constitute said violations is on file in the Planning and Development Department located at 110 West Maddux, Suite 215, Branson, Missouri. By letter dated July 15, 2013, you were given notice the Director of Planning and Development would convene a hearing on this matter. A copy of said Notice of Hearing is on file in the Planning and Development Department located at 110 West Maddux Street, Suite 215, Branson, Missouri. Pursuant to Section 22-208 of the Code, the undersigned Interim Director of Planning and Development convened a hearing on this matter at 10'00 a.m. on July 26, 2013. The City of Branson (hereafter called "City") was represented by the City's attorney of record, William Duston, Mr. Duston presented exhibits, all of which were admitted into evidence of the hearing. Robert Paulson, legal counsel and representative for Inn-2, LLC, provided comments concerning the property and the administrative action. Andrew Bennett, legal counsel and representative for Rocky Mountain Management LLC, provided comments concerning the property and the administrative action. Upon conclusion of the evidence, the platter was taken under advisement. Now on this date, after review of the evidence and the Code, the Interim Director of Planning and Development makes the following findings of fact, conclusions of law, and order. FINDINGS OF FACT On the basis of competent and substantial evidence presented at said hearing, and pursuant to Section 22-208 of the Code, the undersigned Interim. Director of Planning and Development finds as follows: Page 1 of 5 1. The facts as stated in City of Branson Fire & Rescue Investigation reports, which are attached hereto as EXffiBIT "2" and "3", are true. No objection was made to these reports. 2. The Interim Director of Planning and Development also finds that INN-2, LLC had formal and sufficient notice of the July 26, 2013 hearing. No objection was made to these reports. 3. Structural Engineer Ronald Harriers report and conclusions (EXHIBIT "4") are taken as true. No objection was made to his report. 4. The building inspector found that due to a combination of a tornado event which occurred on February 29, 2012 and a fire event which occurred on September 8, 2012, the main structure on the property contained the following conditions: portions of the roof and second floor ceiling joists/trusses sustained heavy damage from fire extending upward into all the members of the trusses and into the decking on the underside of the roof; drywall from the ceiling and walls were fallen down on the floor; heavy damage from smoke and heat was found on the ceiling and down the walls in the hallway area and one of the bedrooms; the building has been exposed to the elements and all of the interior finishes have been compromised; the mechanical and electrical systems have also been damaged; the entrance canopy is missing the two end columns; and trash and debris were found inside and outside of the structure. Based on these findings the structure has the following conditions which make it a "Dangerous Building" as defined in Section 22-200: (3) the floor or the roof is overloaded or of insufficient strength to be reasonably safe for the purpose used; and (4) portions, members, or appurtenances thereof have been damaged so that the structural strength or stability of any portion of the structure/building threatens the life, health, safety, or property of the occupants or public; and (5) portions, members, appurtenances, or ornamentation thereof, is of insufficient strength or stability so that it threatens the life, health, safety, or property of the occupants or public; and (6) the building or structure, or any portion thereof is likely to partially or completely collapse; and (7) the building or structure, or any portion thereof, is so unsafe for the purpose for which it is being used, so as to threaten the life, health, or safety of the occupants or public; and (9) the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its non -supporting members, enclosing or outside walls or coverings; and Page 2 of 5 (10) the building or structure has been so damaged (for whatever cause) so as to become dangerous to life, safety, or the general health and welfare of the occupants or the public; and (13) the building or structure is in violation of the city's building regulations or adopted code, or any other laws or ordinances that protects the life, health, and safety of the occupants or public, as fluffier described below: a. Branson Municipal Code, Chapter 58-294(1)(2)(3) — Accumulation of rubbish b. Branson Municipal Code, Chapter 58-294(2) — Standing water / breeding mosquitos c. 2009 International Property ivlaintenance Code, Section 108,1.1—Unsafe structures d. 2009 International Property Maintenance Code, Section 108.1.3 — Structures unfit for human occupancy e. 2009 International Property Maintenance Code, Section 108.1.5 — Dangerous structures f. 2009 International Property Maintenance Code, Section 301.3 -- Vacant structures and land g. 2009 International Property IVInintenance Code, Section 302.7 — Lack of maintenance of accessory structure h. 2009 International Property Maintenance Code, Section 304.1.1 —Exterior structure; unsafe conditions i. 2009 International Property MVlaintenance Code, Section 304.2 —Exterior structure; lack of protective treatments j. 2009 International Property Maintenance Code, Section — 304.6 — Exterior walls k. 2009 International Property Maintenance Code, Section 304.7 — Roofs and drainage 1.2009 International Property Maintenance Code, Section 304.13 — Window and door frames m. 2009 International Property Maintenance Code, Section 304.13.1— Window glazing n. 2009 International Property Maintenance Code, Section 304.15 — Doors o. 2009 International Property Maintenance Code, Section 305.1— Interior structure; lack of maintenance p. 2009 International Property Maintenance Code, Section 305.3 — Interior surfaces Page 3 of 5 q. 2009 International Property Maintenance Code, Section 305.4 — Stairs and walking surfaces r. 2009 International Properly Maintenance Code, Section 305.6 -- interior doors s. 2009 International Property Maintenance Code, Section 306.1 — Structural components t. 2009 International Property Maintenance Code, Section 603.1 — Mechanical appliances E. 2009 International Property Maintenance Code, Section 604.1 —Electrical facilities v. 2009 International Property Maintenance Code, Section 605.1 —Electrical equipment (15) the building or structure is determined to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease; and (16) the building or structure is determined to be a fire hazard. The City of Branson, its inspectors, employees and agents have properly followed and complied with all of the procedures required under Chapter 22 of the Branson Municipal Code. Inn-2 LLC has not complied with the Notice and Order issued Febniary 15, 2013 by bringing the structure into compliance with the City's building codes, regulations and ordinances. 5. The Notice and Order was issued on a reasonable basis and is within the standards set forth in Chapter 22 of the Branson Municipal Code. 6. INN-2 LLC, DBA: JR's Motor Inn, P.O. Box 2635, is listed as the owner of said .property according to the records of the Taney County Missouri Accessor's Office. 7. The Interim Director of Planning and Development properly has jurisdiction over the matter. CONCLUSIONS OF LAW 1. Fourth Class cites are given the power to pass ordinances for the prevention and abatement of nuisances by Missouri Statute 79.370. State ex. Rel Daniels v. Kasten 382 S.W.2d 714 (Mo.App. 1964), held that this statue applies nuisance to situations that already exist. 2. The structure's conditions violate the following subsections of Branson Municipal Code Sections 22-200 (definition of "Dangerous Building" as explained in Paragraph 4 of the Findings of Fact above), 58-294(1)-(3), and Sections 108, 301, 302, 304, 305, 306, 603, 604 and 605 of the 2009 International Property Maintenance Code (1PMC), as adopted by Section 22- 181 of the Code, and is, therefore, a dangerous building under the terms of the Code. 3. The City has adopted Sections 22-200 of the Branson Municipal Code under the authority granted to the City by the State Legislature to address Dangerous Buildings. Page 4 of 5 ORDER You are hereby ordered to vacate the structure and abate all of the conditions that constitute violations of Chapter 22, the 2009 International Property Maintenance Code and Chapter 58 (as described above) by demolishing the structure, removing and properly disposing of all building materials, and removing and disposing of all contents of said building debris in compliance with Chapter 22 and all other provisions of the Code. The exterior property must be cleared of all rubbish. All such work of abatement must be substantially completed within thirty (30) days from the receipt of this notice. In the event you fail to substantially complete the abatement work in compliance herewith within thirty (30) days, the City may cause all such abatement work to be completed at your expense. You will receive an invoice from the City of Branson for the demolition and associated costs. If the invoice is not paid within thirty (30) days, the matter will be turned over to the Branson City Clerk's office and either a special tax bill will be issued to you for the costs associated therewith (as more particularly described in Section 22-215 of the Code) and/or such other appropriate actions as provided by law. If the City Clerk issues a special tax bill, said tax bill shall be a lien against the Property as well as a personal debt obligation owed by you to the City Please be advised that, pursuant to Section 22-209 of the Code, you may have the right to appeal from these findings, and this order, to the Building Cocle Board of Appeals within thirty (30) days from receipt of this order. IT IS SO ORDERED. 'Joel Jiornielcel Interim Director of Planning and Development `f /r 1-71 .3 Date Page 5 o'5 Branson Board of Appeals Action Memorandum Project No. 13-30.1 (13-03000001) LOCATION: 1944 WEST STATE HIGHWAY 76 OWNER/APPLICANT: INN-2, LLC 1TEM/SUBJECT: REQUEST FOR AN APPEAL OF THE ORDER OF ABATEMENT ISSUED TO INN-2, LLC FOR THE PROPERTY LOCATED AT 1944 WEST STATE HIGHWAY 76, BRANSON, MISSOURI. DATE: OCTOBER 31, 2013 INITIATING DEPARTMENT: PLANNING & DEVELOPMENT APPROVED BY: 1‘1 lnteriin Director of Planning & Development Date An application to the Building Cocle Board of Appeals has been received from Inn-2, LLC (hereafter "Applicant") by and through. its agent and attorney, Robert Paulson, requesting an appeal from an order issued by the Director of Plaiuiing of Zoning concerning a finding of nuisance and order of abatement. (See attached Exhibit 1.1-1.10). The building in question is located on property found at 1944 West State Highway 76 which is located south of West State Highway 76, east of Forsyth Street, North of Frank Rea Boulevard and Scott Boulevard and west of Fall Creek Road. (See attached Exhibit 2.1-2.2 for an overhead map of the property on which the subject building sits.) The property is zoned C commercial and contains an existing structure within approximately 3.5 acres more or less, and is commonly referred to as "J.R.'s Motor inn. There were two buildings located on the subject property. On February 29, 2012, an EF-2 tornado damaged the Applicant's two buildings. The rear building was substantially damaged and the owner applied for and received a permit to demolish that building on April 17, 2012. On September 8, 2012, a fire further damaged the front building, which served as an office and living quarters, including a portion of the roof and trusses. (See attached Exhibits 5.1-5.8 and 6.1-6.10, attached to this staff report, which contain City of Branson Fire and Rescue Investigative Reports prepared by Dennis Brunner and Christopher Morgan). On January 7, 2013 a structural engineer, hired by the City, from Pinnacle Design Consultants inspected the structure due to the tornado and fire issues and determined that "a dangerous condition" exists and the building is in an "unstable condition." (Engineer's letter attached hereto as Exhibit 4.1-4.5). The structure was posted on January 11, 2013, by inspector Keith Crawford as a dangerous building as required by Section 22-202 of the Branson Municipal Code. (See attached Exhibit 16.1, a photograph of the posting on the Project No. 13-30.1 Page 1 of 106 building taken by inspector Crawford). Based on the inspection performed by Ronald Hamme, P.E. of Pinnacle Design Consultants, a Letter of Declaration dated January 14, 2013, was sent to Inn-2, LLC by Inspector Keith Crawford, notifying the owner the structure had been officially declared as a dangerous building as required by Section 22-202 of the Branson Municipal Code. (See attached Exhibit 7.1). A Notice and Order, required by Section 22-205 of the Branson Municipal Code was mailed out on February 15, 2013, and sent to Inn-2, LLC by Director Jim Lawson. (See attached Exhibit 8.1-8.2). Additional letters were sent to parties that appeared to have an interest in the building as required by Section 22-205 of the Branson Municipal Code on March 14, 2013. These parties included Leisuretek, LTD, Inc., Brad Poppie, Robert Walford, Robert Paulson and Rocky Mountain Management, LLC. (See attached Exhibits 9.1-9.4, 10.1-10.4, 11.1-11.5, 12.1-12.4, and 14.1-14.5). Since it appeared to the City Staff that compliance with the issues addressed in the Notice and Order had not been achieved, a hearing, as provided by 22-208 of the Branson Municipal Code, was posted on July 15, 2013, scheduled for July 26, 2013, and mailed to multiple parties with a possible interest in the building. (See attached Exhibit 15.1-15.4). At that hearing, various attorneys were present to represent various interests in the subject property. None of the parties argued that the building was not a dangerous structure or nuisance, but instead, who was responsible for the demolition process and the building itself. The current owner of record, according to Taney County Assessor is Inn-2 LLC (See attached Exhibit 18.1). On September 13, 2013, a Finding of Nuisance and Order of Abatement prepared by interim Planning Director Joel Hornickel and based on the July 26th hearing, and required by the Branson Municipal Code in Section 22-208 was sent to interested parties. (See attached Exhibit 3.1-3.5). The Notice and Order listed a number of violations of the Branson Municipal Code that exist in the current state of the building still located at 1944 West State Highway 76, as well as detailing the finding in various reports concerning the structural integrity of the building, and the fact that it remains, in situ, as a dangerous building. Amongst the findings, the interim Planning Director found that: • The facts as stated in the City of Branson Fire & Rescue Investigation reports are true (See Attached hereto Exhibits 5.1-5.8 and 6.1-6.10). • Inn-2, LLC had formal and sufficient notice of the July 26, 2013 hearing (Exhibit 15.1-15.4). • The Structural Engineer's report and conclusions are taken as true (Exhibit 4.1-4.5). • The Building Inspector found that due to a combination of the February 29, 2012 tornado and the fire event on September 8, 2012, the main structure contained the following conditions: portions of the roof and second floor ceiling joists/trusses sustained heavy damage from fire extending upward into all the members of the trusses and indo the decking on the underside of the roof; drywall from the ceiling and walls were fallen down on the floor; heavy damage from smoke and heat was found on the ceiling and down the walls in the hallway area and one of the bedrooms; the building had been exposed to the elements and all of the interior finishes have been compromised; the mechanical and electrical systems have also been damaged; the entrance canopy -is missing the two end -columns; and trash and debris were found inside and outside of the structure. (Exhibit 3.2) • The Notice and Order was issued on a reasonable basis and was within the standards set forth in Chapter 22 of the Branson Municipal Code. • Inn-2, LLC, DBA: JR's Motor Inn, P.O. Box 2635, is listed as the owner of the property according to the records of the Taney County Missouri Assessor's Office. Project No. 13-30.1 Page 2 of 106 The conclusion of the interim Planning Director, after hearing the evidence in the attached reports to the Notice, and evidence from City Staff as well as all interested parties, was that the building was a dangerous one and that the building be demolished and the debris removed, along with other issues that needed to be resolved to bring the property into compliance with the Branson Municipal Codes Chapter 22 and 58, and the 2009 International Property Maintenance Code. Also, the interim Planning Director ruled that these measures be taken within 30-days from the receipt of the notice. (See attached Exhibit 3.5). In response to this order, the Applicant submitted a request to the Building Code Board of Appeals on October 11, 2013 for a review of the matter. (See attached Exhibit 1.1). The Applicant was to provide "a detailed description of the factual and legal grounds for the appellant's appeal" according to Branson Municipal Code, Section 22-208. This Applicant has a right to appeal the ruling of the Planning and Zoning Director to this Body under the provisions of Branson Municipal Code, Section 22-209(1), that hearing is to be held under the auspices of Section 22-209 of the Branson Municipal Code. This section of Code is attached to this staff report below. Relevant Sections of Code: Branson Municipal Code Section 22-202. — Duties of inspectors. Inspectors shall have the following duties under this article to: (1) Inspect, as may be necessary, all residential, institutional, assembly, commercial, industrial, garage, special, or miscellaneous occupancy buildings for the purpose of determining whether any conditions exist that gives the inspector reasonable grounds to believe that any such building is unsafe or dangerous. (2) Inspect any building, wall, or structure about which complaints are filed by any person to the effect that a building, wall, or structure is or may be existing in violation of this article, and the inspectors determine that there are reasonable grounds to believe that such building is unsafe or dangerous. (3) Inspect any building, wall, or structure reported by the fire or police departments of the city as probably existing in violation of this article. (4) Immediately report to the director any building or structure that the inspector finds to be a dangerous building. The director may direct the inspector to post on such building or structure written notice that reads substantially as follows: "This building has been found to be a dangerous building by the City of Branson. This notice shall remain on this building or property until it is repaired, vacated, or demolished, and the property cleaned in accordance with the notice that has been given the owner, occupant, lessee, mortgagee or agent of this building, and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of Taney County, Missouri. It is unlawful to remove this notice until such notice is complied with." Provided, however, that the order and the posting of said notice shall not be construed to deprive all persons entitled thereto by this article to the notice and hearing prescribed herein. Immediately report to the director any noncompliance with any notice and order, or failure to proceed continuously with work pursuant to such notice and order without unnecessary delay. Appear at all hearings and appeals, and testy as to the conditions of any building or structure that falls under the purview of this article. Entry. When it is necessary to make an inspection to enforce the provisions of this article, or when there is reasonable cause to believe that there exists in a building or structure a condition that is contrary to or in violation of this article, the inspector may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this article. However, if such building or structure is occupied that credentials be presented to the occupant and entry requested. If such building or structure is unoccupied, vacant, or abandoned, the inspector shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises, and request entry. If no consent is given to enter or (5) (6) (7) Project No. 13-30.1 Page 3 of 106 inspect any building or structure, the inspector shall notify the director who may request an administrative search warrant, as provided in this Municipal Code. Branson Municipal Code Section 22-205. - Notice and order. (1) Commencement of proceedings. When a building or structure has been inspected and has been determined to be a dangerous building, the director shall commence proceedings to cause the repair, vacation, or demolition thereof (2) Notice and order. The director shall issue a notice and order directed to the owner(s) of record for the building or structure, and all interested parties thereof. The notice and order shall contain: a. The street address and legal description sufficient for the accurate identification of the premises upon which the building or structure is located. b. A statement that an inspection revealed that the building or structure is a dangerous building, with a concise description of the conditions found to render this conclusion. c. A statement of the remedial action(s) required to be taken as determined by the director. Such statement of remedial action shall include direction concerning the following: 1. The owner must vacate, vacate and repair, or vacate and demolish said building or structure, and clean the lot or property on which the building or structure is located in accordance with the terms of the notice and of this article. 2. The occupant or lessee must vacate said building or have it repaired in accordance with the notice and remain in possession. 3. The mortgagee, agent, or other persons having an interest in said building or structure, as shown by the land records of the Recorder of Deeds of Taney County may, at his/her own risk, repair, vacate, or demolish the building, and clean the property or have such work done. Provided that any person notified under this subsection to repair, vacate, or demolish any building or clean the property shall be given such reasonable time not exceeding 30 days to begin compliance with such notice and order, without unnecessary delay. If it is necessary to obtain a building permit in order to comply with any notice and order, and the person has submitted a complete request to the city for such permit, the time for the city to issue such permit shall not be included for purposes of determining whether the person is proceeding without "unnecessary delay." (3) Service of notice and order. The notice and order shall be sent via both first class regular mail (postage prepaid) and certified mail (postage prepaid) return receipt requested to the owner(s) of record and all interested parties. Notice sent via the U.S. Postal Service shall be effective as of the date of mailing. If the director learns that neither the regular mailed notice nor the certified mailed notice was received by the recipient (for any reason other than refusal), the director may attempt to have such party personally served with such notice. If any person or interested party does not receive such notice, for whatever reason, such fact shall not invalidate any proceedings hereunder as to any other person duly served nor relieve any such person from any duty or obligation imposed by the provisions of this article. Mail returned by the U.S. Postal Service marked "refused" shall constitute proof of service. If service cannot be had by either personal service or mail, then service may be had by publication in a newspaper qualified to publish legal notices, for two successive weeks. (4) Emergency powers authorized. In any case where it reasonably appears that there is an immediate danger to the health, safety or welfare of any person, the director shall take measures to secure the structure and then take steps to vacate, repair or demolish the dangerous building or structure. Municipal Code Section 22-208. - Failure to comply with notice and order. (1) Upon receipt of a report from the inspector indicating failure by the owner(s) or any interested party to commence work as required by the notice and order within the time specified by this article or upon failure to proceed continuously with work without unnecessary delay, the director shall hold a hearing giving the owner and interested parties full and adequate hearing on the matter. Such hearing shall be recorded in accordance with RSMo 536.130, and shall be considered a contested case for purposes of judicial review. (2) Written notice of such hearing shall be given at least ten days in advance of such hearing (in accordance with subsection 22-205(3) of this article) directing the owner(s) and interested parties to appear before the Project No. 13-30.1 Page 4 of 106 director on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated, or demolished in accordance with the statement of particulars set forth in the notice and order. (3) Any party may be represented by counsel and all parties shall have an opportunity to be heard. (4) The director shall make written findings of fact from the evidence offered at said hearing as to whether or not the building or structure in question is a dangerous building as defined in this article. (5) If the evidence supports a finding based upon competent and substantial evidence that the building or structure is a dangerous building, the director shall issue a written order of abatement based on such findings of fact, commanding the owner(s) or other responsible party, to repair, vacate, board, or demolish any building or structure found to be a dangerous building and to clean the property. Provided that any person so notified, shall have the privilege of either vacating and repairing said building or structure (f such repair will comply with the ordinances of the city) or may vacate and demolish said dangerous building at his own risk to prevent the city from acquiring a lien against the land where the dangerous building stands. If the evidence does not support a finding that a building or structure is a dangerous building, no order shall be issued (6) The written order of abatement from the director shall be delivered, by person or mail, to each party of the hearing, or their attorney of record. In addition, copies of the order shall be posted in a conspicuous place in the office of the director for a period of 30 days from the date of issuance. The order shall state a reasonable time, to be no less than 30 days from the date of issuance, within which to comply with the order, and shall further provide that if the work is not substantially completed within 30 days of the issuance of the order, the city may, by its own employees or by contractor, perform the work necessary to bring the building into compliance with the director's order with costs levied to the property owner, or by a lien placed upon the property. Branson Municipal Code Section 22-209. - Appeals from the decision of the director. (1) Any owner or interested party aggrieved by an order of abatement may appeal such order to the board of appeals. To be effective, such appeal shall conform with the requirements of this section and shall be received by the city clerk no later than 30 days after the written order of abatement has been issued. For purposes of an appeal of an order of abatement, such appeal shall be considered a rehearing. (2) An appeal filed pursuant to this section shall include the following information: a. The name and mailing address of the person requesting the appeal (referred to herein as the "appellant'); b. A description of the order that he/she is appealing (including a copy of such order); c. A description of the appellant's interest in the property (e.g., ownership, leasee, mortgagee, etc.), and a description of how the order may affect such interest; d. A detailed description of the factual and legal grounds for the appellant's appeal; e. Payment of costs for the planning and development department to schedule and give notice of appellant's hearing; f The common street address or legal description of the affected property. (3) Upon request of the appellant, the board of appeals may stay enforcement of any order of abatement, pending the board's review of the appeal and final action related thereto. (4) Upon submission of a timely appeal that conforms with the above -stated requirements, the hearing of such appeal shall be scheduled to take place before the board of appeals within 30 days of the filing of such appeal, and notice of such fact shall be provided to the appellant at the mailing address that he/she provided. Such notice shall also be sent to other interested parties, as defined by this article. The board of appeals shall be provided with copies of any and all notices, orders, briefs, and documents provided by appellant. (5) Unless waived by the appellant (either via formal waiver or failure to timely object), the hearing before the board of appeals shall be recorded (via a method capable of transcription) and include: a. A brief submitted by the director, outlining the basis for the order of abatement. b. Any and all evidence that either the city or the appellant wishes to submit, which the board deems relevant to the question of the validity of the director's order of abatement; c. Any and all testimony, given under oath, that either the city or the appellant wishes to submit, which the board deems relevant to the question of the validity of the director's order of abatement. Parties shall have the right to cross-examine any witness providing testimony; Project No. 13-30.1 Page 5 of 106 d. Any party may request additional procedures not specifically outlined herein and the board of appeals shall consider and timely rule on such requests. Any and all exhibits presented at such hearing shall be made available to adverse parties prior to the hearing. (6) The board of appeals shall make a ruling, based upon competent and substantial evidence, either affirming or reversing (in part or in whole) the director's order of abatement (in accordance with section 22-206). The board shall provide the appellant a copy of a finding of fact and conclusions of law for the board's decision within 15 days of the conclusion of the hearing. (7) The board of appeals may establish additional procedures to fulfill the purpose of this section. (Ord. No. 2011-004, § 1, 1-11-2011) ATTACHED INFORMATION: Exhibit 1: Board of Adjustment Application Exhibit 2: Vicinity Maps Exhibit 3: Finding of Facts Dated September 13, 2013 Exhibit 4: Structural Engineer's Report Exhibit 5: Fire Investigation Report Exhibit 6: Fire Investigation Report Exhibit 7: Letter of Declaration Dated January 14, 2013 Exhibit 8: Notice and Order Dated February 15, 2013 Exhibit 9: Notice and Order Leisuretek Dated March 14, 2013 Exhibit 10: Notice and Order Brad Poppie Dated March 14, 2013 Exhibit 11: Notice and Order Robert Walford Dated March 14, 2013 Exhibit 12: Notice and Order Robert Paulson Dated March 14, 2013 Exhibit 13: Title Search Dated March 15, 2013 Exhibit 14: Notice and Order Rocky Mountain Management Dated March 14, 2013 Exhibit 15: Notice of Hearing Dated July 15, 2013 Exhibit 16: Dangerous Building Posting Dated January 11, 2013 Exhibit 17: Notice and Order Posting Dated February 15, 2013 Exhibit 18: Taney County Tax Record Project No. 13-30.1 Page 6 of 106 Exhibit 1.1 Building Code Board of Appeals CITY OF BRANSON PLANNING & DP.VF.LOPMENT 110 W MADDUX ST, SUITE 215 PRONE: (417) 337•8547 r ql 334.2391- t-cIiVED 01,1,1I1.13 BY' Applicant Name (Please Print): 4( I FOR OFFICE USE ONLY: P trail N%10 C 3 ` CI • I FEE: $100.00 It n•Rotunaae DATE it INITIALS: A/O,/,/,1 PAYMENT TYPE; aCASH f cJ HECK 11_•_j�';,j,•y CREW' CAROREF • PUDUC HOTI:E oATE: PUBLIC HEARING DATE _ _ _....._......_-- Applicant Address: /6 Ho Phone Number: (/(% • 3 3S' )33S` Fax Number: / 1 ' 3.3 =) �q [sluail: Permit M: Permit Street Address: I.ltUUtt1,1117.01116jid I I; IN t I I I- IN<1.IJI111111 1 Utt1 ,9`1'11(•A1n'II•I, Irl :1L (lI'11 11 q (9ru•.... -,J i::,b n wiry nFo+r ii, y,dcli+m ntrttda kite r III$t teat sit -Hitt!, ('ir:a'r lei'a ,It. „nk +r<th n• arti•tiril bt it+Ur regitrtt. \ Pi. n•:, p+uruli• u'Iri.,ilr.l itr.,, ipdbn, ur rc+bofiliili Ot 11.lia:gt. (1'It n,e itNts 161 nliei-i,r,1 •,lir 1 0'0 ntli iluunl'1+t•r1+ If net,"3u ti.1 Applicant Requests: p'leiice check nay that apply) The code was incorrectly interpreted. The provisions of the code do not fully apply. An equally good or better form of construction exists. PROPERTY OWNER/AGENT INFORMATION Owncr^s Name (I'Icasc Print): Owner's Address: Phone Number: Fax Number: Email: Owner's Signature: Agent's Name (Please Print): Agent's Address: Phone Number: Fax Number: Flynn: Agent's Signature: Project No. 13-30.1 Page 7 of 106 Exhibit 1.2 CITY OF MUNSON atfn.DING CODE BOARD OF AIWALS/OCTOfEIt 1,1998 CITY OF BRANSON BUILDING CODE BOARD OF APPEALS RULES OP PROCEDURE A Building Code Board of Appeals Resolution WIIEREAS, the City of Branson has appointed a Building Code Board of Appeals; and, WHEREAS, said Building Code Board of Appeals in an organizational meeting held October 1998, promulgated the rules ofprocedurc as follows: Section 98 100.0 DENIAL OF PERMIT OR REJECTION OF INSPECTION. Upon denial to issue a building permit by the Building Official, or by his authorized designated deputy, the owner, or his duly authorized agent, shall have the right to appeal to the Building Code Board of Appeals. Section 98 101.0 FILING OF APPEAL. The Planning & Development Department shall maintain a supply of appropriate forms on which to file an appeal. Notice of appeal must be filed, by the owner, or his duly authorized agent, hi writing, with the Planning & Development Department. Section 98 101.1 MEETINGS. Meeting shall be held at the call of the chairperson within ten days of the filing of the appeal and at other such times as the Building Code Board of Appeals may determine, All meetings shall be open to the public. The board shall hear the code ufticial, the appellant, or his duly authorized agent, and any person whose interests are affecled. Three (3) members of the Board shall constitute a quorum. A concurring vote of three members of the board is required to modify or reverse the decision ofthe Code Official. No action may be taken by the board if a quorum is not present, the hearing will be postponed to the next meeting, not to exceed thirty (30) days from the time the appeal was initially considered. Appellant shall have the right to request a postponement of any hearing when all five members are not present. Section 98 102.0 CONTENTS OF APPEAL. Basic factual information is needed, such as the date on which the appeal is filed and the specific kind of relief sought. The burden of specificity is upon the owner, or his duly authorized agent. Architectural or engineering help should be used -if -necessary -to -convey -the intent of the appeal. The appeal -must inform the board why they, as a jurisdictional body, have the power to address this particular question. Such power must be allowed by law. The board cannot relax Fire or Life Safety Codes, or the intent of the Code. Project No. 13-30.1 Page 8 of 106 Exhibit 1.3 OF BRANSON BUILDL\G CODE BOARD OF APPEALS/OCTO1U R 1, 1998 Section 98 103.0 CONDITIONS FOR RELIEF. A modification or reversal of the Building Official shall find one of the following conditions: • That the code was incorrectly interpreted. • That the provisions of the code do not fully apply, • That in the opinion of the Board, an equally good or better form of construction exists. Relief should be granted only when an alternate method or material demonstrates compliance to the intent of the Codes. Section 98 104.0 COURT REVIEW. If the appellant wishes to appeal the decision of the Building Code Board of Appeals, they shall have sixty (60) days which to do so to the appropriate court, Eno appeal is made within sixty (60) days, the case is closed. Section 98 105.0 ORDERS AND DECISIONS. The decision of the Board shall be by resolution, setting out findings and conclusions of the Board and shall specify as precisely as possible, the exact reason or reasons upon which the decision is based, The Building Official shall take immediate action in accordance with the decision. BE IT THEREFORE RESOLVED, that the Building Code Board of Appeals for the City of Branson hereby adopts these RULES OF PROCEDURE. DONE THIS 12th DAY OF OCTOI3ER 1998, BY THE WILDING CODE BOARD OF APPEALS FOR TFW CITY OF BRANSON, MISSOURI. L GT,RALI) ONEY, j UtURMAN OF um,BC�Ai�.D OF APPEALS Yryj:1SII, CERTIFIED BUILDING OFFICIAL Project No. 13-30.1 Page 9 of 106 Exhibit 1.4 BEFORE THE BUILDING CODE BOARD OF APPEALS CITY OF BRANSON, MISSOURI COMES NOW INN-2, LLC by and through counsel, Robert R. Paulson 1I, and respectfully pixels the Finding of Nuisance and Order of Abatement of Joel Ilornickel, Interim Director of Planning and Development that was entered on September 12, 2013, on the following grounds: . The findings of fact, conclusions ()flaw, and Order were not supported by substantial and competent evidence; 2. The findings of fact, conclusions of law, and Order were against the weight atilt: evidence; 3. A copy of the Findings, Conclusions and Order appealed from is attached hereto as Exhibit "A"; 4, Appellant is prepared to deposit the amount necessary to appeal to this board upon request of the amount required, or it has already deposited said amount with thc City of Branson; 5, The entity making this appeal is INN-2, LLC which the Taney County Recorder's Office shows as the owner of the present property; INN-2, LLC may he contacted by mailing to its attorney of record at P.O. Box 6422, Branson, Missouri 65615 and its Registered Agent of record is Gary Allman, 101 State Drive, Hollister, Missouri. 6. 1NN-2, LLC is currently in a dispute in Taney County Case No. 12AF-CC01073, regarding thc respective interests, ownership and otherwise held by INN-2, LLC, Colorado Investment Properties, LLC and Rocky Mountain Management, LLC; 7. The interests of INN-2, LLC in the property commonly known as JRs Motor Inn, located at I944 West Highway 76 in Branson, Missouri, will potentially be effected by diminishing the value of the property, in the event that the property is not actually unsafe, and unusable; WHEREFORE, Appellant prays this court reverse the findings of fact, conclusions of law and Order of Joel 1-fornickel, dated September 12, 2013. Respectfully submitted, Project No. 13-30.1 Page 10 of 106 Exhibit 1.5 Robert R. Paulson 11 Missouri Isar 1140243 P.O. Box 6422 Branson, Missouri 65615 Phone: 417-335-2355 Email: bobpatilscm58@gmail.com gmail.com Attorney for Appellants CERTIFICATE OF SERVICE The undcisigned hereby certifies that a true and correct copy of the foregoing document was served upon Rocky Mountain Management, LLC by sending u copy to its attorney of record, Andrew Bennett at P.O. Box 10009, Springfield, MO 65808, on this the 11°i day of October, 2013. Robert R. Paulson 11 Project No. 13-30.1 Page 11 of 106 Exhibit 1.6 FINDING OF NUUU•ANCE AND ORDER O ' ABATEMENT September 12, 2013 SENT Vl t FIRST CLASS REGULAR MAIL AND CER77FIED MAIL, RETURN RECEIPT REQUESTED ARTICLE NUMBERS loll 3500 0001 5441 0312 and 1011 3500 0001 5441 0329 Inn-2 LLC dba Jr's Motor lnn P.Q. Box 2635 Springfield, MO 65801 Rocky Mountain Mtmagcinent, LLC c/o l3racl Poppie 3350 Ashworth Littleton, CO 80126 RE; PROPERTY LOCATED: .1944 W. STATE J- D(;H WAV 76, BRANSON, MO Dear Owner; On July 26, 2013, violations of the City of Branson Municipal Code (hereafter called "Code"), Chapter 22, the Dangerous Building Ordinance, were found with respect to the property with the address referenced above. The property is legally described on EXHIBIT "1", attached hereto. By letter dated February 15, 2013, you were given notice of the existence of said violations and were ordered to correct the conditions constituting said violations by no later than thirty (30) days after receiving said Notice and Order. However, you have failed to correct the conditions constituting said violations. A copy of the Notice and Order contnining a description of the conditions that constitute said violations is on file in the Planning and Development Department located at 110 West Maddux, Suite 215, Branson, Missouri. By letter dated July 15, 2013, you were given notice the Director of Planning and Development would convene a hearing on this matter. A copy of said Notice of Hearing is on file in the Planning and Development Department located at 110 West Maddux Street, Suite 215, Branson, Missouri. Pursuant to Section 22-208 of the Codc, the undersigned Interim Director of Planning and Development convened a hearing on this matter at 10:00 a.m. on July 26, 2013. The City of Branson (hereafter called "City") was represented by the City's attorney of record, Winton Duston. Mr. Duston presented exhibits, all of which were admitted into evidence of the hearing. Robert Paulson, legal counsel and representative for Inn-2, LLC, provided comments concerning the property and the administrative action. Andrew Bennett, legal counsel and representative for Rocky Mountain Management LLC, provided comments concerning the property and the administrative action. Upon conclusion of the evidence, the matter was taken under advisement. Now on this date, after review of the evidence and the Codc, the Interim Director of Planning and Development makes the following findings of fact, conclusions of law, and order. FINDINGS OF FACT On the basis of competent and substantial evidence presented at said hearing, and pursuant to Section 22-208 of the Cncic, the undersigned Interim Director of Planning and Development finds as follows: Page 1 of 5 Project No. 13-30.1 Page 12 of 106 Exhibit 1.7 I. The facts as stated in Cit) of Branson Fire & Rescue investigation reports, which are attached hereto as EXHIBIT "2" and "3", are true. No objection was made to these reports. 2. The Interim Director of Planning and Development also finds that INN-2, LLC had formal and sufficient notice of the July 26, 2013 hearing. No objection was made to these reports. 3. Structural lingincer Ronald 1lanunc's report and conclusions (EXHIBIT "4") ate taken as true. No objection was made to his report. 4. The building inspector found that duc to a combination of a tornado event which occurred on Febnlary 29, 2012 and n tire event which occurred on September S, 2012, the main structure on the property, contained the following conditions: portions of the roof and second floor ceiling joists/trusses sustained heavy damage from (he extending upward into all the members of the trusses and into the decking on the underside of the roof; drywall from the ceiling and walls were fallen down on the floor; heavy damage from smoke and heat was found on the ceiling and down the walls in the hallway arca and one of the bedrooms; the building has beer) exposed to the elements and all of the interior finishes have been compromised; the mechanical and electrical systems have also been damaged; the entrance canopy is Missing the two end columns; and trash and debris were found inside and outside of the structure. Based on these findings the structure has the following conditions which make it a "Dangerous Building" as defined in Section 22-200: (3) the floor or the roof is overloaded or of insufficient strength to be reasonably safe for the purpose used; and (4) portions, members, or appurtenances thereof have been damaged so that the structural strength or stability o' any portion of the structure/building threatens the life, health, safety, or property of the occupants or public; and (5) portions, members, .appurtenances, or ornamentation thereof, is of insufficient strength or stability so that it threatens the life, health, safety, or property of the occupants or public; and (6) the building or structure, or any portion thereof is likely to partially or completely collapse; and (7) the building or structure, or any portion thereof, is so unsafe for the purpose for which it is being used, so as to threaten the life, health, or safety of the occupants or public; and (9) the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its non -supporting members, enclosing or outside walls or coverings; and t'agc 2 of 5 Project No. 13-30.1 Page 13 of 106 Exhibit 1.8 (I0) the building or structure has been so damaged (for whatever cause) so as to become dangerous to life, safety, or the general health and welfare of the occupants or the public; and (13) the building or structure is in violation of the city's building regulations or adopted code, or any other laws o1' ordinances that protects the life, health, and safety of the occupants or public, as further described below; a. Branson Municipal Code, Chapter 58-294(1)(2)(3) — Accumulation of rubbish b. BrnnS011 Municipal Code, Chapter 58-294(2) -- Standing water / breeding mosquitos c. 2009 International Property Maintenance Code, Section 108.1.1 — Unsafe structures d. 2009 International Property Maintenance Code, Sccticn 108.1.3 • Structures unfit for human occupancy e. 2009 International Property Maintenance Code, Section 108.1.5 — Dangerous structures f. 2009 International Property Maintenance Code, Section 301.3 — Vacant structures and land g. 2009 International Property Maintenance Code, Section 302.7— Lack of maintenance of accessory structure h 2(109 International Properly Maintenance Code, Section 304.1.1 — Exterior structure; unsafe Conditions i. 2009 International Property Maintenance Code, Section 304.2 —Exterior structure; lack of protective treatments j. 2009 International Property Maintenance Code, Section —304.6—Exterior walls k. 2009 International Properly Maintenance Code, Section 304.7 - Roofs and drainage 1.2009 International Property Maintenance Codc, Section 304.13 — Window and door frames m. 2009 International Property Maintenance Codc, Section 304.13.1 — Window glazing n. 2009 International Property Maintenance Codc, Section 304.15 — Doors o. 2009 International Property Maintenance Code, Section 305.1— interior structure; lack of maintenance p. 2009 International Property Maintenance Codc, Section 305.3 — Interior surfaces Page 3 of 5 Project No. 13-30.1 Page 14 of 106 Exhibit 1.9 q. 2009 International Property Maintenance Code, Section 305.4 - Stairs and walking surfaces r. 2009 International Property Maintcnancc Code, Section 305.6 - anterior doors s. 2009 International Property Maintenance Code, Section 306,1 - Structural components t. 2009 international Property Maintenance Code, Section 603,1 - tMechanieal appliances u. 2009 international Property Maintenance Code, Section 604.1 - Electrical facilities v. 2009 International Property ivfaintenance (:ode, Section 605.1 - Elcetticat equipment (15) the building or structure is determined to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease; and (16) the building or structure is determined to be a tine hazard. The City of Branson, its inspectors, employees and agents have properly followed and complied with all of the procedures required under Chapter 22 of the Branson Municipal Code. Inn-2 LLC has not complied with the Nolicc and Order issued Febnuuy 15, 2013 by bringing the structure into compliance with the City's building codes, regulations and ordinances. 5. The Nolicc and Order was issued on a reasonable basis and is within the standards set forth in Chapter 22 of the Branson Municipal Code. 6. INN-2 LLC, DBA: JR's Motor Inn, P.O. Box 2635, is listed as the owner of said property according to the records of the Taney County Missouri Acccssor's Office. 7. The Interim Director of Planning and Development properly has jurisdiction over the matter. CONCLUSIONS OF LAW I. Fourth Class cites are given the power to pass ordinances for the prevention and abatement of nuisances by Missouri Statute 79.370. Stale ex, Rel Danfcls v. Kasten, 382 S.W.2d 714 (Mo.App. 1964), held that this statue applies nuisance to situations that already exist. 2, The structure's conditions violate the following subsections of Branson Munieipal Code Sections 22-200 (definition of "Dangerous Building" as explained in Paragraph 4 of she Findings of Fuct above), 58-294(1)-(3), and Sections 108, 301, 302, 304, 305, 306, 603, 604 and 605 of the 2009 International Properly Maintenance Code (IPMC), as adopted by Section 22- 1 8 1 of the Code, and is, therefore, a dangerous building under the terms of the Code. 3. The City has adopted Sections 22-200 of the Branson Municipal Code under the authority granted to the City by the State Legislature to address Dangerous Buildings. Page A of 5 Project No. 13-30.1 Page 15 of 106 Exhibit 1.10 ORDER You aro hereby ordered to vacate the structure and abate all of the conditions that constitute violations of Chapter 22, the 2009 International Property Maintenance Code and Chapter 58 (as described above) by demolishing the structure, removing and properly disposing of all building materials, and removing and disposing of all contents of said building, debris in compliance with Chapter 22 and all other provisions of the Code. The exterior property must be cleared of all rubbish. All such work of abatement must be substantially completed within thirty (30) days from the receipt of this notice. In the event you fail to substantially complete the abatement work in compliance herewith within thirty (30) days, the City may cause all such abatement work to be completed at your expense. You will receive an invoice from the City of Branson for the demolition and associated costs. if the invoice is not paid within thirty (30) days, the matter will be turned over to the Branson City Clerk's office and either a special nix bill will be issued to you for the costs associated therewith (as more particularly described in Section 22-215 of the Code) and/or such other appropriate actions as provided by law. If the City Clerk issues n special tax bill, said tax bill shall be a lien against the Property as well as a personal debt obligation owed by you to the City Please be advised that, pursuant to Section 22-209 of the Code, you niay have the right to appeal from these findings, and this order, to the Building Code Board of Appeals within thirty (30) days from receipt of this order. IT IS SO ORDERED. To el I-Iornickel Interim Director of Planning and Development Date Page 5 of 5 Project No. 13-30.1 Page 16 of 106 Exhibit 2.1 VICINITY MAP 1944 W State Hwy 76 City of Branson, Missouri Cay al Manson. Iarray Corry. gssestr, PlatsVnu aM Dwobmno.v Dopl. Dime. 2C13 ,.SS: W „.aCEMOM Ir civ 9 7 Project No. 13-30.1 Page 17 of 106 Exhibit 2.2 VICINITY MAP 1944 W State Hwy 76 City of Branson, Missouri Cay rA Prnrsoc. 191 ey Cmu iy, hMssoun v1ann419 pro UovNcpment Ceps. Cotobei 2013 d2d) nt ras lf3Fisr 0 0 'FRNWHlrA 6 Wp c O 00. 0 a 0 Legend m 1944_W_State_Hwy_ 76 o Single -Family o Two -Family Multi -Family o Mobile Home Park o Commercial o Downtown o Planned Development o Agricultural c Wilderness Area Unzoned o Table Rock Village o Outside Branson City Limits Project No. 13-30.1 Page 18 of 106 Exhibit 3.1 FINDING OF NUISANCE AND ORDER OF ABATEMENT September 13, 2013 (c',® NEAT I'IA FIRST C:LASSREGULAR AJAIL AND CERTIFIED 4IA/L. RETURN RECEIPT REQUESTED ARTICLE NUMBERS 7011 3500 0001 5441 0305 uud 701 t 3500 0001 5441 0299 Inn-2LI.C: dba Jr's Motor Inn P.O. Box 2635 Springfield, MO 65801 Rocky Mountain Management, LLC c/o Brad Poppie 3350 Ashworth Littleton, CO 80126 RE: PROPERTY LOCATED: 1944 W. STATE HIGHWAY 76, BRANSON, MO Dear Owner: On July 26, 2013, violations of the City of Branson Municipal Code (hereafter called "Code"), Chapter 22, the Dangerous Building Ordinance, were found with respect to the property with the address referenced above, The property is legally described on EXHIBIT "1", attached hereto. By letter dated February 15, 2013, you were given notice of the existence of said violations and were ordered to correct the conditions constituting said violations by no later than thirty (30) clays after receiving said Notice and Order. However, you have failed to correct the conditions constituting said violations. A copy of the Notice and Order containing a description of the conditions that constitute said violations is on file in the Planning and Development Department located at 110 West Maddux, Suite 215, Branson, Missouri. By letter dated July 15, 2013, you were given notice the Director of Planning and Development would convene a hearing on this mutter. A copy of said Notice of Hearing is on file in the Planning and Development Department located at 110 West Maddux Street, Suite 215, Branson, Missouri. Pursuant to Section 22-208 of the Code, the undersigned Interim Director of Planning and Development convened a hearing on this matter at 10:00 a.m. on July 26, 2013. The City of Branson (hereafter called "City") was represented by the City's attorney of record, William Duston. Mr. Duston presented exhibits, all of which were admitted into evidence of the hearing. Robert Paulson, legal counsel and representative for Inn-2, LLC, provided comments concerning the property and the administrative action. Andrew Bennett, legal counsel and representative tier Rocky Mountain Management LLC, provided comments concerning the property and the administrative action. Upon conclusion of the evidence, the matter was taken under advisement. Now on this date, after review of the evidence and the Code, the Interim Director of Planning and Development makes the following findings of fact, conclusions of law, and order. FINi)INGS OF FACT On the basis of competent and substantial evidence presented at said hearing, and pursuant to Section 22-208 of the Code, the undersigned Interim Director of Planning and Development finds as follows: Page 1 of 5 Project No. 13-30.1 Page 19 of 106 Exhibit 3.2 1. The facts ns slated in City of rirnnson lire & Rescue lnvestignlion reports, which are attached hereto as EXHIBIT "2" and "3", arc true. No objection was made to these reports. 2. The interim Director of Planning end Development also finds that INN-2, LI,C had formal and sufficient uuticc of the July 26; 2013 hearing. No objection was made to these reports. 3. Structurat Engineer Ronald Haunnte's report rind conclusions (EXHIBIT "4") lire taken as true. No objection was made to his report. 4. The building inspector found that due to a combination of a tornado event which occurred on February 29, 2012 and n fire event which occurred on September 8, 2012, the main structure on the property contained the following conditions: portions of the roof and second floor ceiling joists/trusses sustained heavy damage limn fire extending upwind into all the members of the trusses and into the decking on the underside of the roof; drywall from the coiling rind walls MEG fallen down on the fluor; heavy damage from smoke and heat was found on the ceiling and down the walls in the hallway Wren and one ()idle bedrooms; the building has been exposed to the elements and all of the interior finishes have been compromised; the tnechnnical and electrical systems have also been damaged; the entrance canopy is missing the two end columns; and trash and debris wore found inside and outside of the structure. Based on These findings the structure has the following conditions which make it n "Dangerous Building" as deleted in Section 22-200: (3) the flour or the roof is overloaded or of insufficient strength to be reasonably safe for the purpose used; and (4) portions, members, or appurtenances thereof have been damaged so that the structural strength or stability of any portion of the structure/building threatens the life, health, safety, or properly of the occupants or public; and (5) portions, members, appurtenances, or ornamentation thereof, is of insufficient strength Or stability so that it threatens the life, health, safety, or property of the occupants or public; nncl (6) the building or structure, or may portion thereof is likely to partially or completely collapse; and (7) the building or structure, or any portion thereof, is so unsafe for the purpose for which it is being used, so as to threaten the life, health, or safety of Iltc occupants or public; mid (9) the building or structure, exclusive of the .fouttdahon, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of'ils con supporting members, enclosing or outside walls or coverings; and Page 2 of 5 Project No. 13-30.1 Page 20 of 106 Exhibit 3.3 (10) the building or structure has been so damaged (for whatever cause) so as to become dangerous to life, safety, or the general health and welfare of the occupants or the public; and (13) the building or structure is in violation of the city's building regulations or adopted code, or :any other laws or ordinances thin protects the life, health, and safety of the occupants or public, as further described below: a. Branson Municipal Code, Chapter 58-294(1)(2)(3) — Accumulation of rubbish b. Branson Municipal Code, Chapter 58-294(2)— Standing water/ breeding mosquitos o. 2009 International Properly Maintenance Code, Section 108.1.1— Unsafe structures d. 2009 International Property Maintenance C..odc, Section 108.1.3 Structures unfit for human occupancy c. 2009 International Property Maintenance Code, Section 108.1.5 — Dangerous stnrctures f. 2009 International Property Maintenance Code, Section 301.3 — Vacant struelutcs and land g. 2009 International Property Maintenance Codc, Section 302.7—Lack of nmintcnnncc of accessory structure h. 2009 International Property Maintenance Code, Section 304.1.1— Exterior structure; unsafe conditions i, 2009 international Property Maintenance Code, Section 304.2 -- Exterior structure; luck of protective treatments j. 2009 International Property Maintenance Code, Section — 304,6 — Exterior wn1I k. 2009 International Property Maintenance Codc, Section 304.7 — Roofs and drainage 1. 2009 International Property Maintenance Codc, Section 304.13 -- Window and door frames nr, 2009 International Properly Maintenance Code, Section 304,13,1 — Window glazing n. 2009 International Property Maintenance Code, Section 304.15 — Doors o. 2009 International Properly Maintenance Code, Section, 305,1 interior structure; lack of maintenance p. 2009 International Property Maintenance Code, Section 305,3 -- Interior surfaces Page 3 or5 Project No. 13-30.1 Page 21 of 106 Exhibit 3.4 q, 2009 International Property Maintenance Code, Section 305'l --,Stairs and walking surfaces r. 2009 International Property Maintenance Code, Section 305,6 — interior doors s, 2009 International Property Maintenance Code, Section 306,1 — Structural components 1.2009 International Property IvMaintennnco Code, Suction 603,1 — Mechanical appliances u, 2009 International Property Maintenance Code, Section 604,1 i?icctrical facilities V. 2009 International Property Maintenance Code, Section 605,1 — Electrical equipment (15) tltc building or structure is determined to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease; and (16) the building or slructurc is determined to he a lire hazard. The City of Branson, its inspectors, employees and agents have properly followed and complied with all of the procedures required under Chapter 22 of the Branson Municipal Code. Inn-2 LLC has not complied with the Notice and Order issued February 15, 2013 by bringing the structure into compliance with the City's building codes, regulations and ordinances. 5, The Notice and Order was issued on a reasonable basis and is within the standards set forth in Chapter 22 of the Branson Municipal Codc. 6, INN-2 LLC, D13A: JR's Motor Inn, P,O. Box 2635, is listed us the owner of said properly according to the records of !Ito Taney County Missouri Accessor's Office. 7. The Interim Director of Ph►nning and Development properly has jurisdiction over the 'tatter. CONCLUSIONS OF LAW I, Fourth Class cites are given the power to pass ordinances tar the prevention and abatement of nuisances by Missouri Statute 79.370. Stale cx, Rel Daniels t'. Kasten, 382 S.W.2d 714 (Mo.App. 1964), held that this statue npplio nuisance to situations that already exist. 2, The structure's conditions violate the following subsections of I3ranso11 Municipal Code Sections 22-200 (definition of "Dangerous Building" as explained in Paragraph 4 of the Findings of Fact above), 58-294(1)-(3), and Sections 108, 301, 302, 304, 305, 306, 603, 604 and 605 of the 2009 International Property Maintenance Code (IPMC), as adopted by Section 22- 181 of the Code, and is, therefore, n dangerous building under the terms of Ilse adv. 3. Tho City has adopted Sections 22-200 of the Branson Municipal Code under the authority granted to the City by the State Legislature to address Dangerous Buildings. t',igc 4 of 5 Project No. 13-30.1 Page 22 of 106 Exhibit 3.5 ORDER You are hereby ordered to 'nettle the structure and abate all of the conditions that constitute violations of Chapter 22, the 2009 International Property Maintenance Code and Chapter 58 (ns described above) by demolishing the struoturo, removing and properly disposing of all building materials, and removing and disposing of all contents of said building debris in compliance with Chapter 22 and all other provisions of the Code. The exterior property must be cleared of all rubbish, ' All such work of abatement must be substantially completed within thirty (30) clays from the receipt of this notice. In the event you fail to substantially complete the abatement tvurk in compliance herewith within thirty (30) days, the City may cause nll such abatement work to be completed at your expense. You will receive an invoice from the City of Branson far the demolition and associated costs. if the invoice is not paid tvilhin thirty (30) days, the hunter will be turned over to the Brunson City Clerk's offico and either a special tax bill will be issued to you for the costs associated therewith (as more particularly described in Section 22-215 of the Code) and/or such other appropriate actions as provided by law. If the City Clerk issues a special tax bill, said tax bill shall be n lien against the Property as well as a personal debt obligation owed by you to the City Please be advised that, pursuant to Section 22-209 of the Code, you may have the right to appeal front these findings, and this order, to the Building Code Board of Appeals within thirty (30) days from receipt of this order. 1T IS SO ORDERED. r'_- _ . heel Hornickel Interim Director of Planning and Development Date Pogo 5 of5 Project No. 13-30.1 Page 23 of 106 Exhibit 3.6 Hogan Land Title LNFOHMATtONAL'TITLE REPORT I, Elkctivottnto: March 15, 2013 t11 08:00 AM T I io estateurInterestIn ihvtanddcsollbelprr0Iotcdto1u11ARflclxxlisFeetifoplo. 3. TillotoItorcrb"mp1G .i1 o 0/ In Irtall to lho land b at Inn Ella Gvolbloetrtaito: INN*, LLC 1. 1,XiHB1T 1. Ruporl No.: 1303305 Tho I and n loueI to In II 3e Hcpod Is elltialotf In Iln, (lowly of TANEY. Stale of M(?sout1, end fs dcsorltxdf no taw ALL THAT PART OF PLOT TWO (2) OF LOT NINE (7) OF THE NORTHWEST QUARTER (11W1/4) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION SIX (6), TOWNSHIP TWENTY-TWO (27) NORTH, RANGE TWENTY-ONE (21) WEST. EXCEPT THAT PART DESCRIBED AS: BEGINNING AT THE NORTHEAST CORNER OF SAID PLOT TWO (2); THENCE SOUTH 256.91 FEET; THENCE WEST 160 FEET) THENCE NORTH 150 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF MISSOURI STATE HIGHWAY 1176; TfIENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY 192.43 FEET TO THE POINTY OF BEGINNING, IN! TANEY COUNTY, MISSOURI. Hogan Land 'I II a Campiny 1605 G.Cuosilloa Sprin)11ou1, MO05004 nil 417 01l23000 wit/i hop;tntitio.com (130330G.PF0/1003300/13) Project No. 13-30.1 Page 24 of 106 Exhibit 3.7 )NIORNIATIONAL'I'ITLE REPORT (IT1'MSOPHCCC)RO) n,t.x1trila .+: 1303300 'the Inilo,vhl0 Roma ore disclosed by no publio record of the County rofleolod on this tenon. These Items are being shown for Informational purposes only: 1. v. The Ilen of real estate taxes or assessments Imposed on the Title by a governmental authority due or payable, but unpaid for the year 2013 and all subsequent years. 'fax 101J 17-3,0.06.002-006.014.000 VL: $470,600 TX: $23,692,133 2, Water Line Easement as set out in Rook 238, at Page 950, Recorder's Office, TANEY County, Missouri, s Easement us sot out In book 268, et Page 915, Recorder's 0111ce, TANEY County, Mlsivtlrl. '1• Easement as set out in Book 268, at Page 916, Recorder's Office, TANEY County, Missouri. c. Memorandum of Agreement to ICA Cable TV of Missouri as sat out In Book 419, at Page 055, Recorder's office, TANEY County, Missouri. a• Notes of Lis Pencfens for Case ft10AF•CC00768, satisfaction of Judgment Mod November 28, 2011,as set out in Book 2010, at Page 47029, Rerurrtur's Office, TANEY County, Missouri. 7. Flilnc�lnj Stateiilerit betvieen J.R.'S MOTOR INN, INC., A MISSOURI CORPORATION, Debtor and GREAT' SOUTHERN BANK, Secured Party, f Usti APRIL 24, 2002, to Book 397, at Page 6715, Recorder's Office, TANEY County, Missouri; AND AMENDMENT recorded In Bonk 2012, at Page 24231, Recorder's Office, TANEY County, Mlssourl. a, Notice of Lis Pendens flied January 7., 2013 In Bonk 2013, nt Page 00001, Recorder's Office, TANEY County, Missouri. The liability of the Company under this Infornintional report shell nut exceed $1000. 10. NOTE: 'rhls Report Is not an opinion of title, nor Is it a commitment to insure title, This Report is furnished for reference purposes only and should not be relied upon ns a commitment to insure title to the premises herein described. If title insurance coverage is desired, eppllcatlon should he made through this office fora title Insurance commitment In en amount to bo egread upon, and the prospective insureds must lie identified. Itounil 1tuKtTwo c,npy,y I EAS F.,t3unsI Inp 814101711;M, MO. GSBa4 TDl1170e2.3000 anvtlklimul19.c.orn (i 9OJ00O t'Fu11303::oNI31 Project No. 13-30.1 Page 25 of 106 Exhibit 3.8 CITY OF BRANSON FIRE & RESCUE r { INVESTIGATION REPORT EXI-11B1T 2. Incident 12-2454 Number: case: JR's Motor Inn Street Address: 1944 W. Highway 76 City: Branson County: Taney Date/Occurrence: 9/8/12 Time: 0409 Date/Requester!: 9/8/12 T Into: 0500 Day: Saturday Day: Saturday Weather at Occurrence: Clear, Cool CAUSE/TYPE: Undetermined Total Loss: S56,188,00 Utilities it Service: Electricity: Natural Gas: LP -gas: Wood: Fuol oil: None: X J STATUS: Closecl: Confidential: Criminal Info: Warrant Unclassified: X Non -Criminal: App.: ARRESTS: j OFFENSE: Construction Fire-Rosistive: Noncombustible: Ordinary: Type: Heavy timber: Wood frame: X Vehicle: Levels: 2 Assembly: Educational: Day cars: Health care: Occupancy Ambulatory health care: DotentionlCorrectional: Residential: Motel Type: Residential board & care: Mercantile: Business: Industrial: Storage: Mixed: Other: Estimated $5G 188.00 loss: Occupied: Vacant: X Sniohe detectors Unknown present: Fatalities/ No. Civilian Fatalities: No. Fire Fighter Fatalities: Injuries: No. Civilian Injuries: No. Fire Fighter Injuries: Copies to: (Enter agency names) Police Dept. Building Dept. State Fire Marshal Health Dept. Other: Assisting Investigator: Investigator: Investigator(s): Investigator: Investigator: Mvesligator: Dennis Brunner Technical Services Division Chief: Randy Fogie Project No. 13-30.1 Page 26 of 106 Exhibit 3.9 Owner #1 Ownor anti Occupant seine: First: Brad Last: Popple Address: 3350 Ashworth Ave. City: Highland Ranch Slato: CO Phono: 720-982-2000 Ram Sox: Ago: DOB: POB, Marital Status: SSN/ Dill: Occupatlon: Doctor Employer: MBA; Insurance Amount Company Agoncy Structuro: Uninsured Contents: Uninsured Owner #2 First: I Last: Address: City: State: Phono: Race: Sox: Apo: DOB: POB: Marital Status: SSN/ DLN: Occupation: Employer: DBA: Insurance Amount Company Agoncy Structure: _ Contents: Owner #3 First: Last: Address: City: Stato: Phone: Race: l Sox; Age: DOB: _POB: SGdus: MaritalSSN/ us: ALN: Occupation: Employer: 1 DIJA: insurance Amount Company Agency Structure: Contents: Project No. 13-30.1 Page 27 of 106 incident Nunnbor.: Exhibit 3.10 CITY OF BRANSON FIRE 8$ RESCUE CASE ACTIVITY REPORT 12-2464 Date: 918/12 Case Name: JR's Motor Inn Case Activity: Fire Investigation Exterior Examination Cato of Activity: 918/12 An examination of the A -Side of the structure revealed no damage from fire, smoke or heat. An examination of the f3-Sldo of the structure revealed moderate damage from fire and smoke on the second floor only. Minor damage was noted above a walk door located to the front of the building on the second floor of the B-Side due to smoke and heat exiting the doorway. Moderate damage from fire and heat was noted above a window located In the center of the second floor of the B-Side. Moderate to heavy damage was noted all around a window located on the second floor of the t3-Side near the B-C corner with heavy damage to the soffit and cave area of the roof. An Examination of the C-Side of the structure revealed minor to moderate damage from fire and smoke on the second floor and extending down a stairway to the first floor. Minor to moderate damage was noted all around a window located on the C-Side near the C-B corner and extended down along the stairway. An examination of the D-Side of the structure revealed minor damage from fire and smoke. Tne damage was confined to an area above a second floor window on the D•Side near the D-C corner. Interior Examination The interior examination began in the first floor office and breakfast room. No damage from fire or smoke was found on this floor. The second floor living quarters examination began In the living roorn/kitchen area. Heavy damage from smoke and heat was found on the ceiling and down the walls. A line of demarcation was found to within 24" of the floor in these rooms. An examination of the hallway leading from the living room to the bedrooms revealed heavy damage from smoke and heat. Most of the drywall from the ceiling and walls in this area had fallen down on tho floor. The ceiling joist/Trusses in this area were undamaged on the bottom side and had minor to moderate damage from fire on the top side. The wall studs had little damage. Bedroom //2 was located off of the hallway. An examination of this room revealed heavy damage from heat and smoke. Most of the drywall from the ceiling and walls in the room had fallen dow►t on the floor, Moderate damage from fire was found which was confined to the top side of the ceiling Joist/trusses and extended into the truss members and the decking on the underside of the roof. The bottom side of the ceiling Joists/trusses and wall studs had little damage from fire. A mattress and box springs was found in this room and had been consumed by fire. Bedroom 111 was located at the end of the hallway. An examination of this room revealed heavy damage from heat and smoke with minor to moderate damage from fire. The drywall from the ceiling and walls in this room had fallen down on the floor. A mattress and box springs was found on the floor of this room and had been consumed by fire. The wall studs in this room revealed minor to moderate damage from fire. The ceiling Joists/trusses had heavy damage from fire extending upward into all the members of the trusses and into the decking on the underside of the roof. The fire had self -vented out of the roof in this area. Project No. 13-30.1 Page 28 of 106 Exhibit 3.11 CITY OF BRANSON FIRE & RESCUE CASE ACTIVITY REPORT Incident Number: Caso Name: 12-2454 JR's Motor Inn Date: 9/8/12 CaseJoAcfvuY : Fire Investigation (continued) Daft) of Activity: 918112 Conclusion No utilities were present in the structure at the time of the fire. The cause of the tire Is UNDETERMINED at this time. Possible contributing factors Include: Q The building was unoccupied at the time of the fire but was unsecured from trespass by any individuals. o Severe thunderstorms with Intense cloud to ground lightning were present in the area from 1730-1800 and again from 1900-1030, prior to the fire being discovered, Due to the lack of damage to the floor and wall components In the living quarters and the heavy fire damage to the roof components, particularly the lack of damage to the underside of the ceiling joist members while the top side of the members sustained heavy damage, the point of origin has been determined to likely be In the attic area, possibly above bedroom #1. Coplos to: 1 investigator: Dennis Brunner Technical Services Division Chief:: Randy Fogle Project No. 13-30.1 Page 29 of 106 incident Nunthe►: Exhibit 3.12 CITY OF BRANSON FIRE lit RESCUE CASE ACTIVITY REPORT 12-2454 Date: 918/12 Case Name: JR's Motor Inn Case Activity: Flro Report Date of Activity: 9/8/12 Units responded at 0409 to a structure fire at JR's Motor Inn. I was requested by Fire Chief Martin to respond for investigallon al 0500. I arrived on scene at 0514 and met with the incident commander Captain Chris Morgan. He stated that the fire was out and ercws wore performing salvage and overhaul and that that task should be completed shortly. Upon completion, I investigated the exterior of the structure and then investigated the first floor office area. I then went upstairs to the living quarters for investigation. The fire was confined to the upstairs living quarters with minor to moderate exterior damage from fire above several windows and a doorway on the second floor. The living quarters area sustained heavy damage from heat and fall down of debris. The fire damage was mainly confined to the roof structure components above both bedrooms and the bathroom. No evidence of a point of origin could bo located in the living area due to lack of burning. The roof structure comporienls sustained the heaviest damage from fire Indicating a likely point of origin as the attic area. No utilities were present In the building at the time of the fire. Severe thunderstorms with intense cloud to ground lightning wore preset in the area from 1730-1800 and again from 1900-1930, per the National Weather Service In Springfield Missouri. No cause of tho fire could be determined. f:00 vesticgator: ennis Brunner Technical Services Division Chief:: Randy Fogle Project No. 13-30.1 Page 30 of 106 Exhibit 3.13 Gtcldont 12-2454 Number: CITY OF BRANSON FIRE & RESCUE PNoro Loo Locnllon: 1944 W. Highway 76 case Name: JR's Motor Inn Comore: Panasonic Lumix FZ35 Dato of incident: 9/8/12 Deco of Photos: 9/8/12 Investigator: Dennis Brunner Photos SaVod As: 12.2464Photos Photo II Subject Comoro Direction 223 A -Side S 226 B-Side W 233 B-C Corner NW 235 D-Side E 236 Electrical Meter E 237 C-Side E 239 Living Room W 240 Kitchen 241 Line of demarcation in living room W 242 Line of demarcation in living room W 244 Bedroom #2 E 245 Hallway S 246 Bathroom S 247 248 Mattress & box springs in master bedroom SW Roof damage in roaster bedroom S 249 Corner of master bedroom under heaviest darnage to roof structure SE _ 250 Roof damage in master bedroom SW 251 Mattress & box springs in master bedroom SW 252 Area under heaviest damago to roof structure In master bedroom SE 254 Roof damage in master bedroom S 255 Roof damage in master bedroom S Project No. 13-30.1 Page 31 of 106 Eshibit3.l4 � p110100 Subject _ CamemDiremVm/ ' 268 Fire damage to top plate In corner of master bedroom ------'-- - @E 261 Wall studs bolowpossible point o[origin GE 283 Wall studs below possible poin(ofurig|n SE 264 Wall Studs E 265 Roof components hlmaster bedroom G 287 V-Pmttom!nhallway � 20. 30, 31. - -- --------- - --- 33 �4. 35. 36. _ 37. -- 38. _ 39. 40, 41. 4%. 43. 44. - 45. 40. 47. 48. ______ 4G - 60. - -_- -_ 51. ----'__- 02. -- _-__ Project No. 13-30.1 Page 32 of 106 P1010223 PI010237 P1010244 P1010249 P1010255 P1010204 P1010220 PI010239 1'10102. 5 P1010250 P1010258 P 10102f35 Exhibit 3.15 P 1010233 P 1010248 P1010251 P1010267 P1010235 P1010230 P1010242 P1010248 P1010262 P1010203 Project No. 13-30.1 Page 33 of 106 Exhibit 3.16 CITE' OF BRANSON TIRE & RESCUE INVESTIGATION REPORT INCIDENT NUMBER: 12-2454 CASE NAME: JI('s Motor hill LOCATION: 1944 W. Highway 76 COUNTY: 'Toney EXHIBIT 3. DATE/Occurrence: 9/8/12 Time: 0409 Day: Saturday Weather: Clear, Cool Date/Requested:9/8/12 Time:0500 flay: Saturday C.4 USE: Underlernlined OFFENSE: STATUS: Closed Criminal Mf. Confidential 11 of Arrest(s) Cleared by other: Non -Criminal Unclassified X Utilities; Electricity, ❑ Natural Gas ❑ fuel Oil 0 LP Clan ❑ Wood [] None X Owner First: Brad Last: Poppic Address: 3350 Ashworth Ave. City: Highland Ranch State: CO Phone il: 720-982-2000 Race: Sex: Age: DOB: PO13: Marital Status: 171.N: Occupation: F.mp$oyer. DBA: Occupcnrt First: Unoccupied Last: City: State: FOB; Marital Status: Occupation: Employer: DBA: Phone II: DI.N: Address: Races: Sc,: Agc: DOB: Construction Construction Type: Wood Frame Levels: 2 Occupied: No Occupancy Type: Motel Estimated Loss: S56,188,00 11 Injuries Civilian: JI Injuries FF: /IDentlts Civilicut; NUeath FF: Smoke Detectors Present: Unknown Smoke Detectors Operational: Unknown Insurance; Structure: Contents: Amount Company Agency Police/Sheriff: Fire Department: Copies to: Project No. 13-30.1 Page 34 of 106 Exhibit 3.17 k )CM DP YYYY ptatetn 110702 ___1 1.401 109.1 L0A 1 2012J IL J 112-0002454 1 1 0001 OcArn,t F4t0 * !inlay evident Date A. _ Ctatt*. tnatacnt AkLer * ttrpotvrc * O;;o AtplriGy 13 Location* ®Strool. addrasn n Snt:ore eoeiotl C12n front of OPoar of D.11djacont to o Direotlone C inoidont Typo * 1111 I IDui1dlt.g fire rncldcnt Type Apt dialiyac.l tlir 1 19441 (4T 118TATE HS1Y 76 latatrr/nitep.lt Prof[, itlt:r er tr/e,ap. HEIRS -1 aaeic 1-'�n4c this to, to IMtr•ta Uhl Oa ern•.• fat thb ta:IC.,t t• pr.da.a at ;la Ynol..A qn [trap• plot I -I 1 tJ*Ne1. In •tall al a •rlit•Rll ltr laxstlrt fir elftra11M•. W • tale Tar Matta/ lattr.l 11N,. 1 111cTY I L..._J Octant Tppc %ark, 1 _ J LprtAtasoN I (td0 J L6561 G J' 1 1 Stale alp cons Crola .trert or AI[tr3iod1, ao applteablt D Aid Given or Roueivad* 1 l:1Mutual aid rcceiv0d 2 Dautoaatiu aid cony. 3 pliutual aid givrnl 4 LAutor•.ytin Ald gtVeit 5 DOtheer aid given N [lUonn 110701 �(N.OI 7Atlr FWD Their Fists 12-1458 1 'Hair Fnctdant I:µatne I i Data S. Tinton Cock Malta if ►•.onth I Oat et A.tt Vet arras as Alata AW:i elasfa at•[ultad oast Mat/4* I 01 L221 L 20121104:09:00i Midnight l0 0000 rear Itr 1(Sn Soo arum. required, oast.**. ranevten or did not arR,Y Lx1 Arrival* 1 051 1 001 1 20121'04:14:15_I C.PnaCtrto Cptle.,al, oatrt fo1 v(ld lap) time [j(ontrollod 114P Orr t41.91,u9. Itgaletl rtetit roc .gldIee. flits tti� Loot: Unit El Moored 091 L° i I_ 20121106:58:321 J +'2 3hi t L Alarms Petri. Cplten I^ 1 1 021 102 1 aaift r Altars a: strict rlatrAn E3 Special Studies lava, oyaot 1 11 ty<ct►1 appeclel M4.11 15a F Actions Taken* 121 I (E:actittguiehmont by fiat) arlcar, at:Etta Tal.rn 111 112 -1 •Salvage i overhaul Addtticiat flat ton tarn (1( 1 186 1 I1nveut1gota Addlttnntl Attica Talon ill GI Rosourcoo * ll^^ .cnkeS* aIa loAyone pa1p Aa ►er,sil 1pro It uucos.o Apparatus Personnel supptooelnn 1 0003J 1 00101 OtherD chtek bas 1t ralWeae lwrnta ltcl4da eta ncct id reaturcut, 11 1 000411_ 00071 G2L'stimnt.id Dollar Losses 6 Via coal L09619: tavatrei for all fleas if rrrvn, 00 1.1041 for ace tires. !Sono Property $1 1f1 054 ,1 1881 ❑ Contents St 1,1 0021,1 000j [1 PRE-XHCIDSt1P VALU1t: opt Penal Pxcpeety $I I f L__2161 fl 752,1 0 Contents $ L 1,1 0021,1 0001 0 Completed Modules OFlrn-2 [$ilBtruotura•-3 DCLvh Piro Cao.-4 C)lalro Gott', Coo. DE119-6 DHarllnt-7 L ULldlnnd 3'ilo-0 Ix] Appatatua-0 [1ilPoraonael-10 DAr50n-11 Hi * fastualties❑ttona Deaths Injurioe Civil l an! H2 cofactor a.,l.lred for Confined flea.. ❑0otaator Nortvi t.1_vptett 20cetcafor ail t•oi stoat (4.-. U Q V4t. .n J Proper. ty Uso* struoturuo 131 C1Church, place of worship 161 Cllwstaurant or cafeteria 162 Door/cavern or nightolub 213 C1Elanontnry school or kindergarten 215 DHigh school or junior Mob 241 [_1Col.lago, adult *duration 311 []carp faoility for tho og*d 331 D Hospital Outside 124 OPloygrovnd or park 655 DCrope or orchard 669 peoroot (tirberland) 807 Otruttloor atolago area 919 [Poop or sanitary landfill 931 Clepon land or Hold H3 Hazardous Materials Relaaso N ❑hello 1 natural san:.Ite 4111, •- r..U1a •r a.w.l soli.. 2 []Prupana gnat Pal la, 11.4 In 1n Lazo •aa aaR 3 []Caio11. a: ,alai. hot Ea.., .r r+.latta .stl.b.. 4 ❑ noroa,no; ep*N.l .. t..Ual..l.rtr. 5 C1Dioael fuel/Fool oill••at.l• not w. to t••I61• 6 ❑household aOlVenta t s.,,rnft. 0,111, .t....a •.Ir 7 E14uter 011: ten roll. .. t.r1.Ll. ..al Q 1_1Paint: r•u rotes see, t,la,v •( a olio -a 0 UOthert 1.410 ee Y:el sodas, •.011.1 rr •till a 15„1,. •Ingo• ••.1,1.1. 1.• .,flat 34L D Cltnla,clinta type infirmary 34201boetor/(lentlet oretce 361 ❑ Prieon or jail, not juvenile 41902-or 2-Canily dvnlli,lg 4291]14ultl-[ashy dlrailIng 439011ooa:ing/boarding house 449ffiComeoroial heal or trot*•. 459L]R.0sldontlarl, beard and ante 464 [] Uoraai tory/ba rraoks 5190Food and bovorago vales 9360Vacant lot 930 ptlradod/taro for plot oC lend 9460/aka, rtvor, ntrolc 951 pnsllroad right Of. Way 960 ❑ oti:er ',treat 961 ❑Hio)Iway/dividoo highway 962 O Aosldentlal atr00t/driveway I Mired Use Proporty NM —Hot tltxod 10 20 33 40 51 53 50 59 60 63 65 00 c Aaeerbly lino )duration use Medical uao ttosidentiet use Sou of stoma Enciosad hall Sus, i Sasidontial Off Ica lino inductrlai Duo illiltory uao Faro 1130 Other nixed tint, 5390Houleholtl go0do,oaloa,ropalr• 579 Cltlotor vehicle/boat 'oleo/repair 571 0 Goa or service atatlon 599 ❑ flunincea office 615 ❑ Elrlotrlo gon0ral:ing plan}: 629 Q Laboratory/nnianco lab 700 ClManufncturiny plant 819OLivestock/poultry 4torago(banal) 082 C111on-roeidantial parking garage 891 ❑Wnrottouao 981 [lconatruatton sit* 984 ❑ Industrial plant yard loco era aster rrepsriy era call nasty (F ycv h(va WC 4Asr�.d A .*'pity use Bar: Proporty gee 1449 1 'Hotel/motel, commercial .J Ht'in01. Poviolon O37Tt749 10102 01/07/2111 11-000:e53 Project No. 13-30.1 Page 35 of 106 Exhibit 3.18 K1 Pierson/Entity Involved Local Olt 1as 1--1 C7lecil Shit hex it I —I 10re 0.16rn0 1e IncaOent tact Jon. isen skip the three depfieate afiress liar., L __1 L__J - L..__J' 1 I a stases sass tit eapilctbi.) art* tote Rote IAa1er L____J L— J LJ L I LJ NL.As.. Nee, Pleat Nara NI fast Nu. Siang 'ru.5rr I rtfirl *twee! or N! )wcy Kttct :ype I !vt tttx I J I .Yt.f'TJite�JhsO, CitY Post Office hat U L___ J-L_-_. J State alp Code [Korn paopio Involved? Chock this box and attnoh cupplotssntal Forms ptPiRlr-19) as nncoesacy K2 Oltner ❑ at.4 ao peretn involved} Shea check title lass ao0 'kip lbw rest of rhea section. t,oII Option tvalnrre 1a.. 11f ACplicabZ.i CI teeth Ctrs box et 1,cue &Please As Iscldad }cation. 711en &kip theca Csplleete address *tees. L 1 L____ J L L._ nr.,w1.. ✓ J. Ptnt 1's-.r It lcU aKt 'arrbber Pont Office nu, reeflk Let ne Aeoheay i L i L L___J-I 1 Scat. tip cods L_._J I 1-L___J Arse Cods shone hvaos 1 I'Tett'Tat. rrtiftr City L Rona rks hoed option 09/08/2012 08:30:45 cmorgan 1ngine 1, Truck 2 and Engine 3 responded emergency to a report of a commercial structure fire with fire showing from the roof. Upon arrival, Engine 1 reported heavy flames showing from the Brava/Charlie corner, requested a 2nd alarm, to back£i11 all stations, established command and was out for first attack. Pirefightcr Privetts wan advised to pull the 2 go 2001 hand. line and initiate an indirect fire attack on the Charlie side while Captain Morgan completed a 360* visual and established a command post. Engine 3 was advised to establish a }latch supply, park on the Delta side and to pull an attack line to the second floor to initiate an interior attack on the second floor and was assigned Division 2. Engine 3 also supplied water to Engine 1. A second attack line wan pulled off of Engine 1 to assist with fire attack. Truck 2 arrived and was placed on the Alpha/Bravo corner and was advised to ladder the roof to initiate vertical ventilation and Ilan assigned the Vent Group designation, Ground lal:)dnrs were thrown to the second floor for cgrean points. After the fire was extinguished, WTCPPD personnel assisted with overhau). procedures. Once the overhaul was complete, Pire Marshal Brunner initiated his investigation (Sere investigation report for determination). All fire units cleared the scene. L Authorization LCMOROAN 1 !MOR0i1N, CHRISTOPHER k J rep 1 (�AI _J 1 0s1 10811 20121 Off1Nr J. Ctl&tf1 JO &lYnACYf! Position or yank Aesigdrent CoinMy Yeir cheek 1 L Al 1 1 091 108 I 20121 nos ti 1 CMv'RGAN I !MORGAN, CHRISTOPHER E I I CP _ .3 4rtleor rester wakfcg report 16 Signature Position or rase Asslgnntnt remit My Yeas in charge, 10102 0/0eI 0i7 12-00024i1 Project No. 13-30.1 Page 36 of 106 Exhibit 3.19 110702 roar * MO I nista * INN 1)1) yyy' notate I 091 1.001 1 20121 1 1J (12-0002454 1 1 000,1 Ctuag Incllcrt uAa * gtotha (relatnt tartar * tIneauee * un aettvlty ) XRS -2 Fire B Property Details I 00011 fxot Residential fbtlnatcd Nwrtor of roalr/ortlal living 001(s In Gulldlog ut oriels wrotacr or not .11 unite berm: involved 0011 t fluildinga not involved Nu ter of hulldlogo tnvalved L,____J 1RJN0uo Garen burnoa loutalde Moo) 1]Loaa than one Aare L-J L_ C On -Site ldaterialkllJJNona taylato 1r tasr+ err any tionlf rant r vJnts of cm,orc .1,lydn1rJ 1, assay or or Vroduats evict, tout product., of mterial en tr.. luevtt y, ragta,r or cot !boy beruo Involved Mar up to three codes, Chock one cc tore bowie for **oh code Ontccad, 1 1NNti INono 1 2 On-atte ,,tonal ni 3 4 1 L.-_J I On -alto catsrtol 12) 3 4 1 12 On -alto ratoctal al) 3 4 2 sulk utorago or waraholluing Procoaning or manufacturing Pnokaged goods fox sale Repair: or eorvico Hulk atorago or warohouning Proceening or manufaoturiog Poakagod geode fox solo Repair or aorVlco Hulk utorage or varehouving Pr000naing or manufacturing Packaged goods for rela Repair or fOcvlo0 D xgnit-ion 1)1 71(Attie: vacant, crawl area or tics orl9in * D2IUU 11Undeterminod went *Purge * D3 Lq 1 1Struatural metrber or Item first'polled 7r( �-t [k+ t fo♦ !e lira aprm 1 tJwo. Padlnal to obleot or origin D41G3 I (pawn wood including /yye or Potorl.1 or-ri roi only I( Item (trot) (l[ot IYnlccn Ignit.J cols to 00 ar do E1 Cause of Ignition ❑chock box IC !ht. co on .,,poser. ropn11. pulp to rectto, 0 1 tJintontional 2 E Junlntnnti000L 3 LJFottueo or og)Rp-sot v1 beet naurne 4 IJoot of 'Intern 5 t_cooso under Investigation U Mention urdotOrminod oCtor invnatlyation E2 Faat:ors Contributing To Ignition (_XJNono Ire I (Non° ratter ttntrlbv0I,9 Io T olden 111 I I I___ Fodor Contributing To Ignition 11) Tewoan Cnotora ContribUting In Ignition Chock nil opplicablo banes 1 ElAclaep )lone 2 0rooaibly Impaired by Alcohol ur Arvgr 3 OUnnttondod pardon 4 17Porodbly mental dls.Ll.d D ehy.lcolly eleabled 6 ElKultiplo persons 1nvolvort 7 Dago woo o rooter /Intimated ago of l 1 pot1On onvolvod 1 uflalo 2 prowls Fi f;quipmont Involved In Xgnition *rano 1f Lc/till-goon'. van not :nvolvad,bklp Lo 8norlon 0 'NMI 1 [None trrmlyrent Invalvrd brood I - nodal L Sarin' itL year 1 _I J F2 Equipment Power brrlprMt ka11r aptrce F3 £qui.pment Portability 1 Eportonio 2 latatlonety Portable nqulprenl normally con Gn moved by one person, La Cosigned tt bo woo In nultlple locatlone, and tegultoa no tools to Inutait, G Fire Suppression Factors /iter up to thrau cache. INNN_J (None rite avppraanian factor (i) airs avppraraon fak ar (al 1�1(ono L—J I -J visa arpprrakton Canino 1)1 Hi Mobile Property Involved None L [plot involved In Ignition, 2 1] rnvolvod in ionittcn, but did not burn 3 U invo)vod In Ignition and butnvd but burned H. Mobi,lo Property Type G Make I -___I pone r:oblle property type Kgblle property model blconte Plate husker i 1L _.1 Vnblte property nako tear I LJ l State 01111n.:2f I+Ooal Una rlrro.iiru Pion Avallnblo Sore or the lnren:alltn pr.rontevl to this report ur !w brad iipoe reports rro, other Nicolas l]Aronn report att:ohod npolioe report ettochod C1Coroner. report attached 1_1othor raporto attached NFIR9-2 Rovidlon 01/19/99 Project No. 13-30.1 Page 37 of 106 T1 Struot:uru Type u et Pico wa In onoloeal boo ldsn7 or , porr.bla/r:Uue otrunt.ne co -;lob. the r.>t of thla lwrn l['(IEno10sud Ilulldtng 2 0 Portoble/uobilu nt runt urn 3 [jopon otruoture 4 [I Air supported utauotuco 5 [lion! G (]Open p3atfurrl 1o4. ricra) [IUndergrn-unll atrunt:ornlvork.r.aq iJ [JCannrctivn utruoturo tr.,g. !Como U [IOthor typo of utrooturo 341 Eire 01:iyln>4 I0021 ❑nnlolr condo Story of fire origlr. . J2 Piro Spread* 1 [Jq,neined to objone of origin 2 [IconcInod to room of origin 3 DeOnrincd to floor of origin 4 1nconrintd to tonaing of origin 5 [Innyond hulldln:I of orlg(n Exhibit 3.20 12 Building Status 9r 1. U Undor construction f[-�I Ocoupiod 6 op0rttin0 LI 3 Idl.., not routlnaly used 4 ❑� Undor n.tjor rcnuvatlon 5 L'1 Vacant, and necored G [(Vannnt and unserurea 71JEIotnm dnollshod Opener U ❑ Undntouttned 13 Building* Height: eay.m en. pop., pct. of tho hiolioot etoay I OM runt r-, S..r or el..14r Total r _ •r ni,l.• Ja Number cd Sl:orior, Damagod By Flume) Count tro hob an pert of tho ldg1net clory II I,Inbtr of .torlc, v/ nlnea daraon —( (l to 011 r)arn da-ngel L4 actor of slerlea v/ .19nlfteant dw•u0o 1.5 to 171 rlr:•a e.\VGYI It:•rtnr or Morten v/ 4twt dneaa• Ito to 71% fl.,n .huago) 1 Io4 of atntI.• r/ cairn tlar.tco 1— J 175 to 10r1 fl,_o d,ra0.t IL' 1 Pronc)lcft of DotectOro 7� (L, area of Uiu Ciro) N Primo Prosonl. Skip to ^(cordon 14 1 Dproucnte U [IUndutotm(nerl L .. Dotcctoo: lypn 1 tir..oY.o 2 [0 stoat 3 Q corbiuntton aroko - )teat 4 1] Sprinklot, venter flair tictar,tlon 51 -'Morn !hart 1 Lypa prounnt O ! _iothor.___— I/O Undotc rn t nod L3 Det:ooeor Powor Supply 1 DUattory only 2 [lllardwil:o Only 3 Ovine In 4 ❑ flnr.twlro with battery 5 [plug Lrl with bnttary 6 [Mechanical 7 [I:ultp10 datuuters 6 power supplies 0 [IOthor U DIlndott•1. etas% L4 Dotnotor. Opera 1;ion 1 IJP.ito too casil to ant/Nato 2 DOpotated iCO.Vtotu Poutlon 05) []1ail.d to Opernta (C,o,loto Sootton L6) (1 IJU ototonninod Miprl:aoncn or Autoualie, 1:ztLnpulehnont 5.ynten * N IJt(ona pronunt 1 (-_Jrronnnt Connlotu rent or section !d Typo of Autonut.to Exting'eishmont SVoton RegvlrOd 10 tiro eao wttl On dorlgnoa maid Of •1.EL" 1 1:1 trot pipo tprinkloh 2 [Pry pipe oprinklur 3 ElOthnr •pr.Oilor nyot^al 4 [IOry choaJ.cal nyato:a r 0SWIM 0yat0nl 6 nl(alogan typo nystr,m 7 [ICnobon dioxldo (C01) oyatuln 0 HOE/Kw opooia1 hazard nyatnn U ■ Undetorm).nnu id !Jain Floor Sze* 9tr-uoturo Flro L. J ,1 001.J , L 749.1 •.otal nqu,ro Loot OR l_ 111. _. J 131' L_J L— J Lough! In not meth In root K tdatorial Contributing !lost-. To Flame Spread U rt:r,n 1r no tl_:. ,pretd aklp To OR safe .0 ratttlal llwt l)ntle0 )idcl'lon h art unable to dotmnlnt xil II_ 1te,i enntritueln7 'MC r0 Ilo_o wprell K2 'q•f0 of ' ,tett,. l ca,trl tuting roar of 00, ., 1/rend Reg+dwd only If l00,, ri�U to COc7 u•-rhNcr.7o 135 Detector EFfootivedons Required 1C dotootor oporatod 1 [plotted 00002/onto, ooclpanta cospondud 2 90ccupontu railed to respond 3 °Thor. wore lro occupants D Vailod to alart occupants U DUndetornInod LG Detector Failure Roanon Roqu(rod it dotnctor rai)od to operate 3 [I Power failure, nhutore or dlrconnuat 2 f x,..pl•npor. inatnllatiun or pleeo7.cnt 3 u antenna° 4 13 look of naitttonance, leo/ndao cleaning [Jon!°ty clsoing or tltucenn"ntad 6 DUnttnry discltargod or doatl 0 [(o1hor _� lj DUndotorninnd M3 auto.intlo Extlnoniehr.,nnt 1yotem Oporation M5 automatic F,xtittgutnlunont Hymen Fa11Urn Reason narytrel tf fro v... .1th!. e.,le'sd 04n1a G_.lut aid If .y.bcr f.11o•t 11Joporated / afl'ootivn (0o to 111 217Oporatod f, not offeetiva hln nbysten abut off 3 l_f Cirri too oral/ to antivata 4 [11'otlod to operatn (Co to 1t•,) 0 pother U DUndotorminod M4 hector of Sprinkler Ih,adu Opornttng l..T,trrd it eyatcn cperatcd 1__J Uw.bnc or uprinilnr hos& ol,orating 2 01(ot enough agent dlachnrged 3 [''goat %Uncharged but did not conch firs 4 [] wrong type of oyotom 5 f7Firn not in area proteotcll 6 [JSysto:c cOriponant0 dnma,oc) 7 ULock oi' tlointennnco l3 [liana). Intervention 0 90thor. [l 9Unrlotarml nod 1n'IRE-3 ltnvtuiva 0J./19/99 ..�.�.,,�,..., 1,_1,nn7e•.4 Project No. 13-30.1 Page 38 of 106 Exhibit 3.21 MM DD yyvy 1 7.0102 1 114°J LA l el L_ 201z L 1J 112-0002454 I 0001 D+»tale ❑Chan o 9 ulnas - 9 Apparelua or Ruxourcml lain * Stale * laclatat axle * natl. Inducer tvrbar * rljOiura * 13 Apparatus or * Resource Auto and Timos• teeth It sF?a at whin rue Month Day Ynar Hour llin gent Ti ❑ Number ot! * Peop7.c1 Use chuci oxa lwx for «rh alparatuz .o )Taira!* Inotteet. ums et the Aotiona Taken io ci I typo 192 l Ditpttoh DL L_811 20121 04:15 I X L 1 Dsupproaaicn rylis l 3Othev l-1 I__I 1—I 1-1 _pi Arrival ❑I_ 9J1 bi 1 20121 104:18 _I Mena ailL 91L 1JL 20121 OG:54 _1 �I�� L I! ID El 1 Dlnpntah DI. 911_ OIL 2o121 04:09 I (] 1 31 I 1$Ilpprosu1ow ems ■°tiler L_I l—J L_l Arrl.vai ■ I ell oI i 20121 L04 :14 1 Typo Ill 1 L—i clear NL 911 ©11 20121 06:50 1 jj i in I};7 I Diapau%%0L.JL 8l 20121 04:09 I L l L Ill 1}{Jsupptcoolo) DE11g fothor L_I L—I 1p L1 1 Arrival n i O11_ nI L 2o121 04 : iv 1 L_J L___I clear �sll 91L_1_ 11 2012 06:44 1 4 ID L____._ Eno 1 I `�'ll0 11' 1 Dispatch ■L. gIL aIL. 20121 04;47 Fti 1.__21 l_3suprtaiolm, EIEMg Nothalr L__l i_J LJ Arrival 01 911 811 20121104_53J I__1 Clear NI 9ILA 20121105:49 1 [91 So EMI 1 Dixpatoh 01 911 811 20121 l05 :13 I 1 11 1 LJ l—I LJ L_..1 • Supprcaoren ❑}HS jI_{Iothor rn,o L92 1 Arrival 01 911 ell 20121105:17 I Clear (XJ1 911 OIL 20121 106:58 1 (�� LJ zo troy D1aPatah NE 9IL O�I 201� loa:09 [c] (—� Dsoppro°olon DE118 JOthor I l� L_1 l_l L_I T"P° 199 I Arrival 191 91l all 2012 104r14 I Clear 1_ 9I I eI L2012I L06:58_I 7 ID Ir, I Dispatch n 1 911 8.1[ 2012 104 ; 09 I [] 1 3J gieupproaalon DEliS Llothar LJ L_.J L—1 LJ Type L13 _l Arrival ■ 1 911 ell 20121104:17 1 clear ®I 9_11 811 2012 106:25 8 ao L J Diapatoh ❑ L_.1 LJ 1 1 I J ❑ L_._I IJ L—i L1 Lrl N Suppression DE:l9 1Jother I 'Ll° I_•— Arrival II1`1L`IL_ J I 1 Clear 01-111 L J I I tJ jD 1— 1 t ninpatc),L]L_JL._-J1 11.__-.___—I ❑ I. _ 1 OSupprooalon ❑t ° LlCthor LJ LJ IJ Typo 1 1 Arrival ❑ 1 i L I I l__I — --I clear DI I L-I LI I__.._.._.4 Typo of Apparatus Ground Vico $uppreaiion li Engine 12 Trunk er aerial 13 Quint 14 Tonkor 6 pumper combination 16 Druah truck 17 ALAS (Atrorntt• Rescue 10 6l:aund tiro auppresaion, Heavy around Equipment: 2l Donor or plow 22 Tl:aotor 24 Tankor or tondar 20 Heavy equipment, ether Aircraft 41 Airoratt: fixed wing 42 Ma/talker 40 Bal3coptor 40 Aircraft, other or liesoure:ea Marino i:quipment 51 Siro boat with 52 Boat, no pump 50 LWrine apparatuo, Support Y.qulptaant and Piroflghl:ing) 61 Breathing apparatus Ct}ar 62 Light anti air 60 Support apparatus, Radioed. 6 lioaouo 71 Roacuo unit 72 Urban Steroh 73 High angle inaeue 75 DLS unit tankar 76 ALg unit 70 I+.odioal and rosoun pump ether unit: G reeuuo unit un14,other ouppork other unit Other 91 Nobilo 92 Chlof 93 Bodlat 94 Typo 95 Typo 99 crivxtaly 00 Othor IDi Atoms UD Undetermined 1191110-9 itoro Apparatus? Use Additional Shoots Gormand Font officer oar unit 1 hand crow 2 hand prow owned vohiolo apparatus/rosourco Revialon 11/17/90 ha for fvhl9 1.00024S4 Project No. 13-30.1 Page 39 of 106 Exhibit 3.22 A PM DD YYY1' I 10702 1 lt•:9J 1 91 1 GI 1 20121 L 1 J ( 12-0002454 {_ 0001 Cl.,,,' t:,In.^. - to MOIL] * Lgar * lnu:d,rt ❑utn * hralifa 1ncWrnt I:anboV * mon,' D{ ❑cting. Pornn eo91 B Apparatus or. * Rnnourco u rulch IIACa LcIG Date and Times Check tr ihc.: Oa Olnnn date N6nth Po Year Incurs mina Y /•� Sant LXI LEI Number OE * PQU 71n t Uno clinch O'If. LOt tor N<ll synn, ant. to trdltatn Inc rant ,n- at tee Inotdrnt. Actions Taken Lint Iv la { notion) ��'f t�chh pa'"t'l. j���qj � L-1 In I USsPntch � l <Ill 011 2012 L4:1L I SenC C lupprunalon L At civ., l IL L 91 L E1 L 20121 194:J1 lid 1. 11 I'ZF,.i:) L®�othor L_I I`I TYPa 192 _ 1 Olanr El I 911 _011 201? LOG_54_I �1 U L._.I P'arnonnnl ID Nome Rnnk nr Grade '�tt'c'tla u Action 'Laken Action '.Paken kotion Taken Action Taken '1'MAR`t'.LN MARTIN, TlJI O )ORE 1'C �( Iu in 1 OLepate,,DL_1L 011 20121104:09 Snnr. MSupp::assion LJ Arrival IJL_ 911_ C1 t 20121 104:14 Xj 1 31 OE L_I TYPE 111 __..1 cloar gI 91L 011 20121 06:50 LJothov. 1_.I L..._1 Personnel Ill Nome Rant- or Grade Attend Action E Taken Action Taken Action Taken ;lotion Taken CPIORGAN t OR'3AN, CIRIISTOPHF:R JGAGNI,PAIN GAONEPATN, JASON LYRIVETTF PRIV1.:1'TF, ?.ACHARY CP ENG PP X X X i rn 1E3 1 n-"Palate LI I_ _I1 P11 20121 104:09 _ Sent goopronnien L__..J I_ J wk..inI Acrivol a L. 911 EH 20121 04, 17 1 2Ga,or. 9ll0II 012 n L _4J nl:l:s L_! I_J Clear [x�L __.— l lo:44 J a ro Pnroonnol. ID Name Rnnk or Grade Attend Action pc. Taken Action Talton Action Taken Action Taken DC,RRGORY GREGORY, DONALD DHEMBRBE HEMBREE, DARRY4t, DORLL•' ORLE, DOIICL•AS RIVEY IVEY, RICIAtRD FF ENG CP PP is X X X OFIN3-I0 aovIci0N 11/17/00 Project No. 13-30.1 Page 40 of 106 Exhibit 3.23 Pk M:4 DA YYYY 10702 1 lh;o i L.-91 1 el i__70I2( 1 1 12-0002034 1 1 0001 °e1nca tansy lA into * Urfa* * tnataent eat■ * anion incident Ambler * tepnvue * = Chew nn Porsont B Apparatus or * Resource l'ra [ales t4spq ttteY Data and Times tarsi to taws as •tarn dote tfanth L'a Year H06La rltwa Y / Sent X Number OE * POOPle Uso CLet4 0.':C Lea for earn ayparatua to Idlevte Ito 'An Dra at the incident. Actions Taken .1.4st op to 1 aettone tao ;KR aeiaratue and [1ch pezronlel. t `_J t0 too I Dispatch [__(l 9IuOl L__207.2l 104 t A7` Arrival DL DI( c 2012 104:53 gent 1 fv7 L 21 "Suppression DEW TYP° Ill 94 01 2019 1-----' Li u .) Clear VII 105:49 1 Da0thoc Personnel ID Name Rank or Gratin Attend I"1 Action Tnkon Action Taken AML1on Token Antion Taken JWH!TIIORTH PHARR/NS klllnTUDRTIi, JLRRY HARKINS, PAUL FP CP X X M. i0 1F141 I ...patch DI, 9I1 0I 1__2012 I05:13 Arrival 11 Al 8l 2012 05:17 Sent X 1 11 supp:eaalon �EDD I_1 l __I (92 1 _ Clear PM_ 911 8II _2012 105:50 Nothec L LA Personnel ID Name Rnnk or Grade Attend X Antion Tnkon Action Tnkon Action Taken Action Taken DDAUN IER 13RUNNER, CART, FM X BID POV I Ulapatch fi1L J( NI 2012 04:09 sent Cx_J L. jl IIIIxvpprvsaion netts giOthac i__J u L___I 1----I Arrival L 1191L ell 2_0121 104:14 +•YPd 199 1 ,._ Clow: iv 911_fll I...,20121 106: 50 _I Poreonnal IA Name Runk on Grade VOLUNTEE R PP VOLUNTEE R Attend Action el'akon Action Tnkon Action Token Action Taknn DB/SHOP MWATKINS R.DRRRY 0rSHOP, DANA WATKINS, MORGAN DEJRRY, RONALD nentU-10 Ravlaivtt 11/17/90 nnnw ne,nae+a•e •n_nnnvr• Project No. 13-30.1 Page 41 of 106 Exhibit 3.24 MM AD YYYY I 10102 I Ir:Q1 1 91 1 S! 20121 L. i 1 1 12-0002454 1 L 0001 Llaeteparsonnul tunas - 10 1 POW * Stets * Incternt Sate 'Anton MIA AC INrbet * iaposuca * • Owls * b Apparatus or �c Resource crd.. listed beta+ Data and Times check le WA at slam dole Montle Day Year ItOurs/mina Sent X Numbor nP * UOOp1e Use C»ttk av: boz for each epp[pratua to tndletto he.Mtn,USe at tha Aotiono Takon iortcWhtipparetvet and carp perttnnei. 'y'h. U 2n T2. 1 Dispatch 01 91) g11 20121 104:09 gone Msupprotulon L_I Li A-..1 ❑L._91h 11 2012 10d:17 1_.. 31 ❑errs Ty" 113 1 911 8j1 20121 06:25 L� L-! u U Ctoar �1 nOtl:or Pe3rconrel ID Name klvnk or Grade Attond 0 Action Taken Action Taken Action Taken Action Takon DLTG D11ALI, NJONG:; lfl} , DAVID HALL, DOSTIN 17ON1;S, NATIIANAEG CP PP ANO X X X CJ lD 1 I Arrival LILJIJI I1 1 ❑ 1J [J!us TYWI 1 .1 Close ❑L.-IL--1I 11--I •Othol: 1___1 Li Personnel Namo ID Rank or Grade Attond 1X Action Takon Action Taken Action 'Takon Action Takon 1❑ 0 _ � 3 1p Dinpntah 1.iI._ IIJL—__J I L—__, Sent 1-15upprosaion u L•,._I Arrival DLJLJI I L_ 0 L_1 Der:s • 'LWs I I Clour I L. her L! Li 111_�1L _ Daher Pornonnel ID Namo flank or Grade Attend C) Action 'Takon Action Takon Action Takon Action Taken ❑ _ ❑ iiranann Vl vs Mraw:rn.�nl rIP2Rs-10 Rovieion 11/17/90 I (MO n)Inn/ants I7-nnna4S4 Project No. 13-30.1 Page 42 of 106 Exhibit 3.25 -"NM OD YYYY Iror110702 .1 Lou L- 91 I 81 L 2oii Mite* InsIdent luta * B E©timat:id Dollar Loss G Value Buildings Vohiolnn Contanto Pro-Inridont Vn1uo 1 I 1 12-0002454 1 1000 -1 ❑wt"ts &tattoo It.<ldent Maher * y,�yate * ❑Chang" Innucvnce and $Loss Estimatod Loos Inoured Amount Bettlemunt Amount $216,752.00 $54,100.00 $0.00 $0.00 $0.00 $0.00 ^$0,00 $0.00 $2,000.00 $2,000.00 $0.00 $0.00 C Insuranoa Company L� 1 1 PYYinNf &Ire If applIcAle Comet Piz* IGtrcat qp fd4DVay L— l I Post cute, boa city I___I I II Mute xlp enie I KlOee WOW L 1 Per Na+a tollcy IamDer ❑MuddL:gf ❑Vahtelee ❑CcntenU Paltry ccV_raga nrnrison Pitt Pepsrtmiltt ):@IRO-Inourance 6 Dollar Loon RoviaLOn 02/12/03 10702 04/011/1012 11-00ni45s Project No. 13-30.1 Page 43 of 106 Exhibit 3.26 • Jaunty I Pt', 2013 Keith Crawford Planning & Development Department 110 W. Maddox Suite 215 Branson MC) 65616 P.M Ir 311' 4. Itc: JIt's Motor Inn 19441Vest 76 Branson MO Dear Mr. Crawford: On January 711', 2013,1 inspected the above referenced property with respect to the overall condition of the structure due to damage from nn earlier tornado and a more recent fire. The following photos show the exterior of the hotel. 2025 W. SUNSHINE ST. STE. 124 SPRINt3FlELD, MO 65807 41 7.73 1-30O 1 Project No. 13-30.1 Page 44 of 106 Exhibit 3.27 As evident in the photos, this hotel has sustained major damage from a recent fire. The following )holes show some or the interior damage. 2025 W. SUNSHINE ST. STE. 124 SPRINEFIELID, MO 6SBC17 41 7-73 1 -3©0 1 Project No. 13-30.1 Page 45 of 106 Exhibit 3.28 This is n Iwo story wood framed structure that has sustained major fire damage for approximately 'A Utile structure. In addition to this damage, this structure has been exposed to the elements and nil of the interior finishes have been compromised. The following photos show this. / ouultiv.04,401.f.:.v.,.. 191101.014.a. ...1 9 . , ! 2025 W. SLINE1HINE ST. STE. 124 SPRINGFIELD, MO 65E307 417-731-3001 Project No. 13-30.1 Page 46 of 106 Exhibit 3.29 The mechanical and electrical systems have also been compromised. The following photos show this ductwork. The following photos show the entrance canopy. 2025 W. SUNSHINE ST. STE. 124 SPRINGFIELD, MO 65BO7 41 7-7.3 1 -300 1 Project No. 13-30.1 Page 47 of 106 Exhibit 3.30 This canopy is missing the two end columns, This creates a dangerous condition and creates an unstable condition. This Is n dangerous building, the building itself is unstable and could pat tinily collapse any time. This creates a lift: safety concern to any one on the property. Due to the scope of work involved In rehabilitating this structure properly, it is most cost effective to demolish this building. If you have any questions, please feel free to contact ate. Sincerely, Ronald I-lnmme, Pinnacle Design Consultants 2E325 W. SUNSHINE f3T. STE. 124 E3PRINt3F'IELD, MO 65807 41 7-73 1 -300 1 Project No. 13-30.1 Page 48 of 106 Exhibit 4.1 rshihii A PINNACLE DESIGN CONSULTANTS January 11'j', 2013 Keith Crawford Planning & Development Department 110 W. Maddux Suite 2 I 5 I3ranson MO 65616 Re: JR's Motor Inn 1944 West 76 Branson MO Dear Mr. Crawford: On January 7'1', 2013, I inspected the above referenced property with respect to the overall condition of the structure due to damage from an earlier tornado and a more recent fire. The tollowing photos show the exterior of the hotel. 2025 W. SUNSHINE ST. STE. 124 SPRINDFIELD, MO 65507 4 1 7-73 1 -30❑ 1 Project No. 13-30.1 Page 49 of 106 Exhibit 4.2 As evident in the photos, this hotel has sustained major damage from a recent fire. The following photos show some of the interior damage. 2025 W. SUNSHINE ST. STE. 1 24 SPRINGFIELD, MO 65807 41 7-73 1 -300 1 Project No. 13-30.1 Page 50 of 106 Exhibit 4.3 This is a two story hood framed structure that has sustained major lire damage for approximately 1/2 oldie structure. In addition to this damage, this structure has been exposed to the elements and all ol'the interior finishes have been compromised. The Iollowing photos show this. 2025 W. SUNSHINE ST. STE. 1 24 SPRINGFIELD, MO 65B07 41 7-73 1 -3001 1111111t11f���1111, IIIi11111114N111�11�1,� Project No. 13-30.1 Page 51 of 106 Exhibit 4.4 The mechanical and electrical systems have also been compromised. The following photos show this ductwork. The following photos show the entrance canopy. 2025 W. SUNSHINE ST. STE. 1 24 SPRINGFIELD, MO 65607 41 7-73 1 -300 1 Project No. 13-30.1 Page 52 of 106 Exhibit 4.5 this canopy is missing the two end columns. This crates n dangerous condition and creates an unstable condition. Summary: This is a dangerous building, the building itself is unstable and could partially collapse any time. This creates a life safety concern to any one on the property. Due to the scope of %vork involved in rehabilitating this structure properly, it is most cost effective to demolish this building. Ifyou have any questions, please feel lice to contact me. Sincerely, Ronald Mane, P.I?. Pinnacle Design Consultants 2025 W. SUNSHINE ST. STE. 124 SPRINGFIELG, MO 651307 41 7-73 1 -300 1 Project No. 13-30.1 Page 53 of 106 Exhibit 5.1 CITY OF 13RANSON FIRE & RESCUE INVESTIGATION REPORT Incident 12-2454 Number: Case : JR's Motor Inn Street Address: 1944 W. Highway 76 city: Branson Date/Occurrence: isxhibit 8 County: Taney 9/8/12 Date/Requested: 9/8/12 Time: 0409 Time: 0500 Weather at Occurrence: Clear, Cool Day: Saturday Day: Saturday CAUSE/TYPE: Undetermined Total Loss: S56,188,001 Utilities in Service: Electricity: Natural Gas: LP -gas: Wood: Fuel ofl: None: X J STATUS: ARREs TS: Closed: Confidential: Unclassified: X Non -Criminal: Criminal Info: Warrant App.: OFFENSE: Construction Fire -Resistive: Type: Heavy timber: Noncombustible: Wood frame: X Occupancy Type: Assembly: Ambulatory health care: Residential board & care: Storage: Ordinary: Vehicle: Educational: Detention/Correctional: Mercantile: Mixed: Levels: 2 Day care: Health care: Residential: Motel Business: Industrial: Other: Estimated $56188.00 loss: ' Fatalities/ No. Civilian Fatalities: injuries: No. Civilian Injuries: Occupied: Vacant: X No. Fire Fighter Fatalities: No. Fire Fighter Injuries: Smoke detectors present: Unknown Copies to: (Enter agency names) Police Dept. State Fire Marsha Other: Building Dept. Health Dept. Assisting Investigator: lnvestigator(s): InVestiga tor: Investigator: Investigator: Investigator: Dennis Brunner Technical Services Division Chick Randy Fogte Project No. 13-30.1 Page 54 of 106 Exhibit 5.2 Owner #1 Owner and Occupant same: First; Brad Last: Poppie Address: 3350 Ashworth Ave. City: Highland Ranch State: CO Phone: 720-982-2000 Race: Sex: Ago: DOB: FOB: Marital Status: SSN/ DLN: Occupation: Doctor Employer: DBA: Insurance Amount Company Agency Structure: Uninsured Contents: Uninsured Owner #2 First: �. Last: Address: City: State: Phone: Race: Sex: Age: DOB: POB: Marital Status: SSN/ DLN: Occupation: Employer: DBA: Insurance Amount Company Agency Structure: Contents: Owner #3 First: Lost: Address: City: State; Phone: Race: Sex: Age: DOB: POB: Marital Status: SSN/ DLN: • Occupation: Employer: DBA: Insurance Amount Company Agency Structure: Contents; Project No. 13-30.1 Page 55 of 106 Exhibit 5.3 CITY OF BRANSON FIRE & RESCUE CASE ACTIVITY REPORT Incident Number: 12-2454 Case Name: JR's Motor In Dare: 9/8/12 Case Aclvlty: Fire Investigation Date of Activity: 9/8/12 Exterior Examination An examination of the A -Side of the structure revealed no damage from fire, smoke or heat. An examination of the B-Side of the structure revealed moderate damage from fire and smoke on the second floor only. Minor damage was noted above a walk door located to the front of the building on the second floor of the B-Side due to smoke and heat exiting the doorway, Moderate damage from fire and heat was noted above a window located in the center of the second floor of the B-Side. Moderate to heavy damage was noted all around a window located on the second floor of the B-Side near the B-C corner with heavy damage to the soffit and eave area of the roof_ An Examination of the C-Side of the structure revealed minor to moderate damage from fire and smoke on the second floor and extending down a stairway to the first floor. Minor to moderate damage was noted all around a window located on the C-Side near the C-B corner and extended down along the stairway, An examination of the D-Side of the structure revealed minor damage from fire and smoke. The damage was confined to an area above a second floor window on the D-Side near the D-C corner. Interior Examination The interior examination began in the first floor office and breakfast room, No damage from fire or smoke was found on this floor. The second floor living quarters examination began In the living room/kitchen area. Heavy damage from smoke and heat was found on the ceiling and down the walls. A line of demarcation was found to within 24" of the floor in these rooms, An examination of the hallway leading from the living room to the bedrooms revealed heavy damage from smoke and heat. Most of the drywall from the ceiling and walls in this area had fallen down on the floor. The ceiling joist/trusses in this area were undamaged on the bottom side and had minor to moderate damage from fire on the top side. The wall studs had little damage, Bedroom #2 was located off of the hallway. An examination of this room revealed heavy damage from heat and smoke. Most of the drywall from the ceiling and walls in the room had fallen down on the floor. Moderate damage from fire was found which was confined to the top side of the ceiling joist/trusses and extended into the truss members and the decking on the underside of the roof. The bottom side of the ceiling joists/trusses and wall studs had little damage from fire. A mattress and box springs was found in this room and had been consumed by fire. Bedroom #1 was located at the end of the hallway. An examination of this room revealed heavy damage from heat and smoke with minor to moderate damage from fire. The drywall from the ceiling and walls in this room had fallen down on the floor. A mattress and box springs was found on the floor of this room and had been consumed by fire. The wall studs in this room revealed minor to moderate damage from fire, The ceiling joists/trusses had heavy damage from fire extending upward into all the members of the trusses and into the decking on the underside of the roof. The fire had self -vented out of the roof in this area. Project No. 13-30.1 Page 56 of 106 Exhibit 5.4 CITY OF BRANSON FIRE & RESCUE CASE ACTIVITY REPORT incident Number: 12-2454 Date: 9/8/12 Case Name: JR's Motor Inn Case Activity: Fire investigation (continued) Date of Activity: 9/8/12 Conclusion No utilities were present in the structure at the time of the fire. The cause of the fire is UNDETERMINED at this time. Possible contributing factors include: • The building was unoccupied at the time of the fire but was unsecured from trespass by any individuals. • Severe thunderstorms with intense cloud to ground lightning were present in the area from 1730-1800 and again from 1900-1930, prior to the fire being discovered. Due to the lack of damage to the floor and wall components in the living quarters and the heavy fire damage to the roof components, particularly the lack of damage to the underside of the ceiling joist members while the top side of the members sustained heavy damage, the point of origin has been determined to likely be in the attic area, possibly above bedroom #1. Copies to: Investigator: Dennis Brunner Technical Services Division Chief; Randy Fogle Project No. 13-30.1 Page 57 of 106 Exhibit 5.5 CITY OF BRANSON FIRE & RESCUE CASE ACTIVITY REPORT incident Number: 12-2454 Date: 918112 Case Name: JR's Motor Inn Case Activity: Fire Report Date of Activity: 9/8/12 Units responded at 0409 to a structure fire at JR's Motor Inn. I was requested by Fire Chief Martin to respond for investigation at 0500. I arrived on scene at 0514 and met with the incident commander Captain Chris Morgan, He stated that the fire was out and crews were performing salvage and overhaul and that that task should be completed shortly. Upon completion, I investigated the exterior of the structure and then investigated the first floor office area. I then went upstairs to the living quarters for investigation. The fire was confined to the upstairs living quarters with minor to moderate exterior damage from fire above several windows and a doorway on the second floor. The living quarters area sustained heavy damage from heat and fall down of debris. The fire damage was mainly confined to the roof structure components above both bedrooms and the bathroom. No evidence of a point of origin could be located In the living area due to lack of burning, The roof structure components sustained the heaviest damage from fire indicating a likely point of origin as the attic area. No utilities were present in the building at the lime of the fire. Severe thunderstorms with intense cloud to ground lightning were preset In the area from 1730-1800 and again from 1900-1930, per the National Weather Service in Springfield Missouri. No cause of the fire could be determined. Copies to: Investigator: Dennis Brunner Technical Services Division Chief: Randy Fogle Project No. 13-30.1 Page 58 of 106 Exhibit 5.6 CITY OF BRANSON FIRE & RESCUE PHOTO LOG Incident 12-2454 Number: Case Name: JR's Motor Inn Location: 1944 W. Highway 76 Date of incident: 9/8/12 Camera: Panasonic Lumix FZ35 Date of Photos: 9/8/12 Investigator: Dennis Brunner Photos Saved As: 12-2454Photos Photo # 223 Subject A -Side Camera Direction 226 233 8-Side B-C Corner W NW 235 236 D-Side Electrical Meter E 237 239 240 241 242 C-Side Living Room Kitchen E E W S Line of demarcation in living room Line of demarcation in living room 244 245 246 Bedroom #2 Hallway Bathroom W W E S 247 S Mattress & box springs in master bedroom 248 249 250 251 252 254 Roof damage in master bedroom SW Corner of master bedroom under heaviest damage to roof structure Roof damage in master bedroom SE Mattress & box springs in master bedroom Area under heaviest damage to roof structure in master bedroom Roof damage in master bedroom SW SW SE S 255 Roof damage in master bedroom Project No. 13-30.1 Page 59 of 106 Exhibit 5.7 Photo # Subfact 258 Camera Direction Fire damage to top plate in corner of master bedroom 261 Wall studs below possible point of origin 263 Wall studs below possible point of origin SE SE 264 265 Wall Studs Roof components in master bedroom 267 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. V-Pattern in hallway 51. 52. SE E Project No. 13-30.1 Page 60 of 106 P1010223 P1010237 P1010244 P1010249 P1010255 P1010284 P1010226 P1010239 P1010245 P1010250 P1010258 P1010265 Exhibit 5.8 P1010233 P1010240 P1010246 P1010251 P1010261 P1010287 P1010235 P1010241 P1010247 P1010252 P1010262 P1010236 P1010242 P1010248 P1010254 P1010203 Project No. 13-30.1 Page 61 of 106 Exhibit 6.1 CITY OF BRANSON FIRE & RESCUE INVESTIGATION REPORT INCIDENT NUMBER: 12-2454 CASE NAME: JR's \tut ,r Inn I.0CA 110N: 1944 W. Highway 76 COUNTY: Taney I Ahii)il 6, DATE/Occurrence: 9/8/12 Time:0409 Date/Requested: 9/8/12 CA USE: Undertermined Time: 0500 Day: Saturday Weather: Clear, Cool Day: Saturday OFFENSE: STATUS: Closed Criminal Inr, Confidential N orArrest(s) Cleared by othet: Non -Criminal Unclassified X Utilities: Electricity ❑ Natural Ons ❑ Foci Oil [J LI' Gas ❑ V/ond 111 None Cht'ner First: Brad 1.as1: Poppie Address: 3350 Ashworth Ave. City: Iiigldond Ranch Stale: CO Phone /1: 720.982-2000 Kncc: Sex: Age: DOE: P013: Marital Status: 1)I.N: Occupation: Employer: DI3A: Occupant First: Unoccupied Lust: Address: City: State: Phone Il: Race: Sex: Age: DOB: P013: Marital Status: DI.N. Occupation: Employer: DEA: Construction Construction Typc: Wood France Levels: 2 Occupied: No Occupnncy Type: Motel Estimated Loss: S56,188.00 N Injuries Civilian: Ii Injuries FF: Nl)eatlrs Civilian: NUcnth FP: Smoke Detectors Present: Unknown Smoke Detectors Operational: Unknown Insurance: Structure: Contents: Antonin Company- Agency Police/Sheriff: Hre Department: Copies to; Project No. 13-30.1 Page 62 of 106 Exhibit 6.2 A t•14 DD YYYY Inc•=fete 110702 ( iM0.1 [ 09 ( I_�I I 201 � [l I I12-0002454 I 000 a,Jh+„Sr HPIRS -1 84wic Fain * .adtt•* I.Iclalenl. Uala * Station lneldent !:other * ra0O.0TC * [11W Acr(vtty C,1 .hli t.q t. In,lcnt. ihal 1,. <•tl,... for _nl. V.","r 1. prnrla...I .rl .he Ml ldt.nl rl*e re„eae 'rraet $ Location* ❑r-.,:•le In .., uc o •Ahern:r t.. Ia..l I u Fr r00 r.r lrn . lurnfY foe b'Ifdt •nd IIn. l I l� EIstreat address 1 19441 Iw 1 (STATE HWY 76 1 1Hwt 1 I_J .Intersection Ier euke,{it t•,CIr Street 0: 111.110.4 etieet Type E7711v L� OIn front of I—_ J I BRANSON 1 IMO 1165616 1-1 I (]Rear of Apt./!Fair**/Moan. City State lip Coda OAdjacent to ElDLrectiona groan atreut or dlrectlonu. de applicable Incident Type * C Yip 111 'Building fire I g I midnight io 0000 El Date 6 Times c:.cck hatrr If Month DayYear Hr Hin Sec dataa are err LJ-e An Alan ALMS alvay.:aq•,100d °at` Alarm * I 09.1 I 081 L 20121104:09:001 E2 Shift & Alarms local chine I" 1 1 021 1102 [nnldent 7)7;a: Aid Given or Received* D •htrc or AlArca oturiu platcen l�yy'� MUM. required, unleno canceled in did not arrive E1 Arrival* I 091 ( 081 L 20121104:14:151 1 [�Mu teal aid received 10701 MO !!.halo Iehplr E3 Special Studies Local **into. I 1 I I 2 .Automatic aid rrwv. 3 Mutual aid givnn 4 [JAutcaatic aid gluon non sate (12-1458 J NHTasicra Cpttandi, eacl:pt co. v1141.0 !.r.. IliControllod L_J L_J I II 1 UV: toitT rieeire, :aqui red ea rent far vlldtand 11t<• Last Unit 61 Cleared I p"I I 081 20121106: 58: 32 I 5 .Other aid given pl ONono That Inclurnt V.-keg epenal erecter rludy We etudy vat.., F Actions Taken* 11 [Extinguishment by fire 1 G1 Resources* ivl **hock thl> )o*o Ong pklp thte L-) 0 (30n If Jn Tphtrat ua ar nalcannel ton to vocd. Apparatus Personnel suppro9sion I 00031 I 00101 G2 Estimated Dollar Losses & Values LOSSES: Redatred for all tarn* If kumill. f3pr!coal rqr tr. Lirro Hone Properly $,1 0541,1 1881 1.,1..lry AGL10rl rokcn Ili 12 (Salvage, 6 overhaul I Contents $I i r 002 , 0001 EMS I I I I PRE -INCIDENT VALUE: o0.1cndl Property $( 1,1 2161, 752 • Additional Action rakdu 121 186 )Investigate I Other 1 00041 1 00071 ■ (, t00 DOA :1 reuWltt Cb.nl. 1ht;l1Je .:d r*<:lved tn.<u*eea Adtltleolal AeLte.. :<l._.i 111 Contents $L_, 1 0021, 000 Completed Modules Wire-2 8truetura-3 Civil fi o Caa ,-d ❑Sire Eery. Cas.-:a DIMS-6 ❑Hn7:Mat-7 :Midland Fire-0 gj apparatus-9 ®Personnel-10 OAroon^il Hi*CasualtiesDHone Deaths Injuries **ire �) ( 1 a9rvlCe H3 Hazardous Materials Release N (]None 1 .Natural Gaol .1.. t.ek, .• .r.a.0nlla* .a .r .l .aua• 2 . Propane gals: .,I 1. ...r, .l In la e.. ►Fwil l ill! 3 OiiB aOLLIIr: r...t ,uA ur puxt.nle u.l..a.e 4 ORarosene: Iw1 ,,err, rTls.ar a L.,1r1.1...ne.z- 5 ❑Diesel fuel/furl eil:i....l. e:.l ..al .* por,.h*. 6 0Household 8t1vents: tr../ern.. *On, clua:p only 7 .Motor oil: f<,anrlaa .* p.. bDr. leer 8 OPoint: a<a p,l.l <... a/.uaa < is ,Idt.a. 0 pother: $+au1 a,.141 miler.. r.Qattat or ap110 a 11e3at., pia... <a-tl.t. t.. Mental Inn. I Mixed NN 10 20 33 4D 51 53 50 59 60 63 85 00 Use Property —mot Mixed Moombly use **Education use —Medical use "Residential no* Row of stores) Enclosed Fall `sus. L Residential —Office ciao — Industrial use —Military use `Farm use Other mixed two Civilian [ 1 H2 Detector kequrcd tar cunitncd rlrr*. st.nclnnn,r pLr1,M1 cccupant> 2 onteator ,Ild but ainrt them il. to*nuvn J Property Use* Structure., 341 ■ C11nia,alinio typo infireary 539 ❑ Household gooda,sales,ropairy 3420Davtor/dentist office 579 (Motor vehicle/boat ealee/repair 131 II Church, place of worship 361 II Prison or jai 1 , not juvenile 571 ❑ Can or service station 161 II Rratsurant or cafeteria 41901-or 2-family dwelling 599 (-1 ausinoss office 162 • sag/Tavern or nightclub 4291:1Mu1ti-family dwell Lng 615 ❑ Electric gonorating plant 213 111Elomentary school or kindergarten 439 'trimming/boarding house 629 . Laboratory/science lab 215.High school or junior high 449 In Commercial hotel or motel 700 $ Manufacturing plant 241 OCollaga, adult education 4590Reeidential, boned and care 819 .Livestock/poultry storago(barn) 311 Ocare facility for the aged 464 • DorreLtory/barracks 882 .Non-residential parking garage 331 .Hospital 519 II Feud and bevarago sales 891 . Warehouse Outside 936 MI Vacant lot 901 ['Construction nits 124 OPlayground or park 930 OCradod/taro for plot of land 984 0 Industrial plant yard 655 . Craps or orchard 946 Intake, river, stream Lo0/ut• pod corn* a 0Luiwrcy We rode aaty :r 669 Overact (timberland) 951 ORoilroad right of Any you nave lice etec1ad a proyerty tl.e ter. 807 . outdoor storage area 960 OOther street Property Due 449 919 "Dump or sanitary landfill 961 . highway/divided highway 931 OOpen land or field 962 ORosldontisl street/driveway (Hotel/motel, commercial I NFXRS-1 Revision 03/11/99 Uib,leon rice i,epart-ant 10702 oo/*1/2012 .2-00074tA Project No. 13-30.1 Page 63 of 106 Exhibit 6.3 K1 Person/Entity Involved I __J 1 1 - -1 1 Loeil Cotner pdtineaa nest lit apptIca.let Area Code 11t^4 'Inner ❑Cheek 'whirl non 1f pane oddtoaa at Incident lc -cation, Then ekip [be three duplicate addren• 14,44. L-1 1 1L_JI 1LJ Hra. f1rzi date Mr L.tnt heat Lufflx _ 1L J' 11 1 Li f l J P , S treat or it:gnvay r,tteet type puffin 1 1 1 1 J Po.L Office Box apt./anite/aeon Ctly Li t 1-1 1 State zip Code More poopla Involved? Check thin box and attach Supplemental Songs (NSIRS-19) as necessary K2 Owner El aa:a an peuwl IfwolYM1 Ins chtek tM a Doe and skip I 'wne rca o: clt1...ate,. Leta{ UPCICO ndai,m> de-r elf appllcnDln{ 1 1 1-1 1-1 I Arts Cole Moue il,aoet hJ 1 _.J L_J 1 1 L—J Ei[beck than boa 1f Mi,11. , Mra_ yf.d4 Mace Mt Laot Mnv 9dfflx sent iddreen noInci Chen ant Ithy ths. 1 L i 1 1 1 1 Li Nunn cate eke thr•t t;J.•Dnr Pretle 6t rr..t or tit +:etc: c udfin duplicate adaitai 9•">' �7f t in4a. 1 1 L J l 1 Pdat Ol{Ice ecx apt /!:idle/knot Clty i:.te fly Code -1 1 L Remarks Loaa1 Option 09/08/2012 08:30:45 cmorgan Engine 1, Truck 2 and Engine 3 responded emergency to a report of a commercial structure fire with fire showing from the roof. Upon arrival, Engine 1 reported heavy flames showing from the Bravo/Charlie corner, requested a 2nd alarm, to backfill all stations, established command and was out for fire attack. Firefighter Privette wall advised to pull the 2 %ft 200' hand line and initiate an indirect fire attack on the Charlie side while Captain Morgan completed a 360* visual and established a command post. Engine 3 was advised to establish a water supply, park on the Delta nide and to pull an attack line to the second floor to initiate an interior attack on the second floor and was assigned Division 2. Engine 3 also supplied water to Engine 1, A second attack line was pulled off of Engine 1 to assist with Lire attack. Truck r arrived and was placed on the Alpha/Bravo corner and was advised to ladder the roof to initiate vertical ventilation and was assigned the Vent Group designation. Ground Ladders were thrown to the second floor for egress points. After the fire was extinguished, WTCEPD personnel assisted with overhaul procedures. Once the overhaul was complete, Fire Marshal Brunner initiated his investigation (See investigation report for determination). All Eire units cleared. the scene. L Authorization 1CMORGAN Offtcar In cbaryc !p nfgnaturc 1 1 MORGAN, CHR'r$TOPHER E 11CP __J I Al pealtiott Or Innk aaalorrcnt a air ®I CMORGAN I 1MORGAN, CHRISTOPHER El LCp ( 1 Al saro Poalt ion or rank hnntyrtmnt da ptficor Met -be! ir.tking taper[ lbSignnturn le chard'. 1 1 09J 10811 2012J ronth pity Year 1 491 1 081 L 20121 ronth say Year Dranaai, Fire Ceoartn{drtk 1070:1 09/08/,017 12.000/454 Project No. 13-30.1 Page 64 of 106 Exhibit 6.4 A MM DD yyyy 1 IMo1 1 09( Iof l 1 20121 [I12-0002959 1000[-:_rlete ;ntgeTira activity Ne1Rs a110702 tut(+ .�. :laic�, fr,clAect Date atetlea Incident tiaebor rs oaat<71[ 'Ik p * B Property Details B1 1 00011 Dot Rent tdential C On -Site Matorials ENnnn=a'l,ierr A:C un!) or Products a•3r+cularral Property. Folui vp to tires ceder.. Check one or Mote boxes for each redo ,•n:.ered. 1 INNN 1 (None I 2 tr ne,a era Ui1• aietrrran: of tr�.:e1C al.lnd:e.xrrt4Z. energy 41 water, ar mars+Is Ch the ehethor Or not :hey teems involve! IIRulk storage or warehousing MIProconning or manufacturing 1:Attmiat.r,d Mumbar of rrstdr•ntimi living untie+ in building of origin )Nieilivr 01 not all unity t scare InvolVed B2 1_-001I D Duildinge not involved o❑.hHe r:aecrlal (it 3 91111Repair 1 I J I 12 II Packaged goods for solo or aorvico IIDulk storages or warohouainq • Pro ens aing or turnufacturing ..::.+flat of buildings involved B3 I I ® None ne-su< material lak 3 9 1 I__1 I 12 psckngod good* for Sal! II Repair or eorvice II Bulk storage or warehousing El Proco921ng or ranufactering Aeruu burned loutnlde lirenl Litman than one dare on-eltr-nterial U) 3 9 IliPaokagod goody for Bala II Repair or servico D Ignition D1 (74 1 IAttic: vacant, crawl I El Cause of Ignition ■Creel to. If this Is en erpnsgno n•, irt. Slip to .seises C 1 D:ntontianal 2 1_1unlntantional 3 Ilrallure of equipment or bout 'outgo 4 • Act of nature 5 m roues under investigation U RgCaueo m undotuinod rftOr invoattgation E3Numnn Factors Contributing To Ignition Check all applicable b0xoe 1 II Asleep tit None 2 D voaaibly impaired by alcohol or drugs 3 D Unattonded person 4 Poatribly mental dinnbled 5 D Plrysirally Equable!! 6 ❑1 ultiplo yor'ona involved Arne of rite origin * D2 IUD (Undetermined 1 Rost rouses * D3 I17 (Structural member or I Factors Contributing To Ignition E. None INN None I 1 7 .Aye vas a factor Estimated ago of 1 1 [la-. (list IOhItW* 1 shoot ant rr flea •pn,• ❑uaa <anr i to nhlaat or origin D9163 1 (Sawn wood, including 1 ratter Contributing :o Iva! ton III I I I I Ira-clorr poruon onvotvod 1 OMa1a 2 animals Type u1 r..rrrlal Required only It tin.- first tlrnt lye ilea lenrtad nods It 00 Or <70 Contributing S0 tgnit tor, lit FI Equipment Involved In Ignition trronu If Equipment xao not involvod,Skiy to grittiest tacn 0 1_NN�'i (Nome 1 E2 Equipment Power I I G Fire Suppression Factors Enter up to throe codes. ENona INNN I [None 1 rg,tt'✓ent 'over Soarer rgntp <n: Involved Brand I 1 F3Equipmont Portability 1 DPortable 2 °Stationary t'otlilblc Pqulpment normally can be movl.d bi t,ml !.r, tell, Is ricslgooc0 tl be VON In multiple locations, awl 'egoista 110 too to inetdll rare aupprevotcn foci's Irl 1 1 1 1 Nadel 1 I rive suppre"ton rector I:I I I 1 1 serial al I Year (_-�� rite 9LLpQCe�ma(en Use's,' 1)) Mobile Property Involved H1 P Y giNone H2 Mobile Property Type b Make 1NN None I Local Us© II Pro -Fire Plan Available ss_a or the ,r.ferration presents.% in this rrhrl ray to Weed upon roportu 'can ether A7enol er DAraon report attached a police report attached (]Coronor report attached Other reports attached 1. utiot Involvud in ignition, but burned 2 D lnvolvrnl in ignition, bul did not burn 3 D Involved in ignition and burned Mobilo property type I I I 1 edbilr ptvprt(y rake I I I 1 OAb11C property re4o1 year I I 1 NTIR9-2 Rnviaion 01/19/99 Eireann Plata timber Atate VItI thereat. Branson f ire uerartserrt 10702 09/04/2012 12-00024;e Project No. 13-30.1 Page 65 of 106 Exhibit 6.5 11 Structure Type* It rt ra u3r IN nnclor.•1 hulloing u portable/ccblln structure c<„'I`lolo thn runt nt thin corm 1 IMEnclouad Building 2 E Portable/mobile structure 3 Q Opon structure 4 lJ Air supported structure 5 (] font 6 QOpon platform Io.rJ, rueful 7 QUnderground atrunturerna •r... 8 QConnective structure (0.9 ccr,:1 0 ['Other type of. structure 12 Building Status* 1 Q tinder conotractlon 2 Q Occupied 6 operating 3 Q Idlo, not routinely uued 4 Q under major runovntlon 5 t-J vacant nr.d secured 6 Q Vacant and uneocorcd 7 ['Being de,oliuhod O Q otl:er U ❑ Undetc2ined 13 Building* Height Count the eon: au pat et the hlghoat ntory I 0021 .•I n,: err err .rin. s: nr abn:e erne I I T.t&l e- sear. <I•. r. Gar 14 Main Floor Size* NFIRS-5 Structure Fires I I I 001j I 7481 Total nquore runt OR >-►•u$YU 1�-I Lunght in feet Width v, flout t71 Fire Origin * 0021 ❑Dalow Urado Story of Liro origin J2 Fire Spread* 1 QConfined to object of origtn 2 Q Confined to room of origin 3 Q ecnfincd to floor of nragln 4 ©Confined to building of nr:gtn 5 Q Bnyend building of origin J3 Number of Stories Damaged By Fume Count the ROOF nn port of the hlgitnnt otory 1 Nu:L r of ,comer e/ minor (U`myo 11 CO 241 flare demon) 1 0011 Ku -her or ntarin. n/ ■1ya1(l0:.nt 041-r9n (25 to 1.*1 1Ia-0 dumy0) uu l.or of •tort•, u/ boater danAVe t50 to .11 flare decoys) Ro,t•\r or •ter&•• w/ estro,e. eAruge 1 1 (7. -a tear 1! de -anal K Material Contributing Most To Flame Spread ,,,. If nu flan, uyt09J GP snit as mJtcrlal (trot ignited OP unable to dote.minn Skip To Section L at, `gin" t(Ilr.n tr'y r•nnt 1.11 flan] Gp:cau K2L_ I 'Ile of ,'Mortal renfrl^'.t:n1 of 1a.. w(.. 1•.1.t otlu1red olll• Ir 1•r CCntrlh0tn.'1 cod_ ie 00 crew, L1 Presence of Dotootoro * (in neon of tho Zara) N ©None Present 1 Q Present U Q Undetermined Skip to auction M L2 Detector Type 1 Q Smokes 2 L7 Heat 3 QCombination dreoko - heal 4 Q Sprinkler, water flow detection 5 s edere then 1 typo present 0 00ther U 171Undeterrnined L3 Detector Power Supply 1 ['Battery only 2 Q Hardwire only 3 Q P1ug 1n 4 Q hardwire with battery 5 Q Plug in with battery 6 QMechanical 7 Qi;ultplo detectors C power supplies 0 QOtho r U ['Undetermined L4 Detector Operation 1 frlre too small Co activate 2 QOpsrAtod (Complete Unction L5) 3 Q Pailnd to operate (C'onplo0a Jnotlon 161 U Q Undetermined L5 Detector Effectiveness P.oquired it detector operated 1 QAlertod Occupants, occupants responded 2 Q Occupantu failed to respond 3 QThar° ware tun nncupantu 4 ['Failed to alert occupants U ['Undetermined L6 Detector Failure Reason Required if detector failed to aporato 1 ❑ Power failure, shutoff or disconnect 2 Q improper installation or placement 3 Q Ofcactivo 4 Q Lack of mointonanco, includes cleaning 5 ['Battery missing or disconnected 6 QBnttery nisi:liarged or doad 0 Qotl,trr U QUndoLermihad Mi Prosonco of Automatic Extinguishment System * 21E.Nonc, Present 1 Q Present Complete rest of Section M Dt. Type of Automatic Extinguishment System * Required it Ceres wen within designed Karoo of A0S 1 OW0t pipe sprinkler 2 Dory pip* sprinkler. 3 pother sprinkler eyetom 4 Dory chemical system 5 Q Foam ayotom 6 Qllalog*n typo ayotom 7 ['Carbon dioxide (COS) nyotoc 0 QOthor special hazard system O I ! Vndetorr...tncd Ilt.tunn;t ri re r:npduLeefI M3 Automatic Extinguishment System Operation 1tr.7.11(M If 1Irn u.rr vl unto dentc,e'd ran')r 1 ['Operated b effective (Gs to IN 2 Q Operated 6 net effective R1:1 3 Orin" too mmsll to activate 4 Q Fat Ind to operate Ice to 1,15) 0 LjOthor U LiOndotorminod D14 NutuLur of Sprinkler (toads Operating ..oqulro.l 1f +y.lom operated L��_I Ite:rbar or 3pr0nk1.7r hendn operating Ms Automatic Extinguishment Syotom Failure Reason 11..1uttel 1f syati:: fatly! 1 L-ISystem shut off 2 ['Not enough agent discharged 3 Q Agent discharged but did net reach fire 4 0 wrong typo of aystoa 5 Q tiro nut in Wren protected 6 D eyot"m components damaged 7 (_Lack of maintenance 0 l_It•lanun1 Tntervention 0 0Othor IJ Dtlndotermined t1FZOS-3 Revision 01/19/99 10')02 09/03/2012 12•OOv2450 Project No. 13-30.1 Page 66 of 106 Exhibit 6.6 A MM DD Yyyy I 10702 1 IMOI 1 91 [_81 1 20121 1 1 1 1 12-0002454 1 000 "°I`LQ ❑Chargr HEIRS - 9 Apparatus or R°D°LLLCea rD1D * Slalc * Ir:l'1Ccrl Da CC * 6l..lacu :nci JChl r:uT.LCT * rrpoiute * B Apparatus or * Resource Date and Times Col•CY I ra-e al alarm Cato Month Day Year !four Min Sent Number Of * eeOple Use cruel 0xx tr. iur rrc'+ at,a ratnR fa a% their it, min see ai the Incident . Actions Taken X 1 1 ID 1c1 IDispatch ❑ I 911 811 20121 104:15 1 X L 1I L J Lu • Suppression ■ EMSTyp ®other Arrival • L 911 811 20121 104 :18 I O 192 1 u u clear P{! 1 911 81 2012 106: 54 I U 1L 1 E 1 1 Dispatch D ( 911 811 20121 104:09 1� Iu 1 31 ®Supproosiun Em.s Other Iu Lu Lu TYPfl 11 1 r Arival ❑! 911 811 20121 [04:14 1 U clear i [ !1 811 20121 106: 59 1 _ �� LJ iu !E3 1 DispatahDI 911 811 20121 104:09 1 X 1 41 . LJ L___1 ilSuppreseion minis M0thor Arrival D1 911 811 20121 104:17 I Typo 111 1 L-1 Lu Clear pgI 911 811 20121 106:44 I U ID 1E30 I Dispatch CIL 911 811 20121 104:47 1 X I 21 Lu L J •Suppression laEMs Arrival 01 911 811 2012 [04:53 I Typo 111 1 Lu Lu clear ®1 911 811 20121 [05: 49 1 i other 5 SD 1FM1 1 niopatob DI 911 ell 20121 05:13 X 1 11 ul u • Suppression m EMS Typo 192 1 Arrival .1 911 811 20121 105 :17 1 u u Clear cMI 911 811 20121 106:58 iother 6 ID 1POV ( Dispatch 1 911 811 20121 104:09 I C 1 31 u u Suppression E Lothar O 99 Arrival till 911 e1 2012 104:14 1 u [� Clear 1 l 911 811 20121 106:58 7 xi) 112 I X L 3 L__1 L_I Dispatch NI 911 811 20121 104:09 1 t'dSuppreasicn ems Typo 13 Arrival In I 911 81 20121104:17 I u� u clear [X11 911 81 2012 106:25 1 Dthor 8 1D I I Dispatch 0 Li Li i('_—�II L—u I L—J L_l Suppression • EMs Type ( I Arrival II (u u lJ L_ u u u Cloar II 1_11 11 _1 I 1 ,___1 U Other 9 2D + 1 ( 1 LJ u L Dispatch II L___1 LU I I • Suppr°ss10n IlEM9 11other Typo I 1 'I II Arrival ( 11 11�1 1 1 Lu L--1 Clear ❑ I 1I I I—J I I Type of Apparatus Ground biro Suppression 11 Engine 12 Truck or social 13 Quint 14 Tanker t pumper combination 16 Druah truck 17 ARP Aircraft Rescue 10 Ground Ciro auppresaion, Heavy Ground Equipment 21 Door or plow 22 Tractor 24 Tanker or tender 20 Heavy equipment, Aircraft 41 Aircraft: fixed wing 42 Holitankor 43 Holicoptnr 40 Airoratt, othor or Resources Marine Equipment 51 Piro boat with 52 Boat, no purp 50 Marine apparatus, Support Equipment and Firefighting) 61 Breothln a 4 PF Other 62 Light and air 60 Support apparatuo, Medical 6 Rescue 71 Rescue unit 72 Urban Search other 73 High angle rescuo 75 BLS unit tpnkor 76 ALS unit 70 Medical and um pump other aratue unit 6 rescuo unit rescue nu PPort of to unit unit,othor Other 91 Mobile 93 Chiof HaxMat 3 94 Typo 95 Typo 99 Privately 00 Other NN None UV Undotormined HFIRS-9 More Apparatus? Use Additional shoots command Bost uncunicor car it 1 hand crew 2 hand crew owned vehicle apparatus/resource Roviaion 11/17/90 nranion Vita 1n:pnrlmon: 0707 0700S/7012 12-0002414 Project No. 13-30.1 Page 67 of 106 Exhibit 6.7 A h1M DD YYYY 10702 1MO1 1 91 1 81 1 2012 1 1 1 1 1 12-0002454 1 1 0001 IN Z'tctc NFIAS - 10 Yarsonnal __1 r111:r * ,' ,,tr * In[1t'^nt Ila.tc * Stat 1::n 7ncILL nt !.J'C.nr. * „,,rC 'k 111rhxrce B Apparatus or * rce Resource cede, ilarra f-:,, Date and Times cheek 1f sacs ♦s zlan dace Month DayYaar Roura mins Sent % rI,,c Number Of * Po Ople Use ihrea OR to Lc: enc5 sp0aratl'q cc 7rdicat! fen a,ln vac a tno Actions Taken mrt cp to 4 actions 1'nr each aFiirac','+ mid each lncr,cnnct. 1 ID 1C1 1 Dispatch • [ 911 81 2012 04:15 Sent .Suppronnion I I I 1 911 811 20121104:18 rri Aval-' (_..._...Ij 0etttt L� L—! Two 192 ( ! L__1 U claar NI 911 811 20121 106: 54 Nuth°r Personnel ID Name Rank or Grade Attend Action Taktin Action Taken Action Taken Action Mon TMAR'rTN MARTIN, THEODORE FC X L"".I iu E1 Dispatch MI 91LA 1 20121 04:09 Sent 1fy'lsupproe Bion I1 I I 1 Arrival 1 911 811 20121 104:14 l"I 1 31 ■f:.ts L_I L_1 Typo 111 911 811 20121 L-1 1—� -1 Cloar ►L 1 (06:58 (other Personnel ID Name Rank or Grade IAttond X Action Taken Action Taken Action Taken Action Taken CMOR A'I JGAGNEPAYN ZPRIVF:'I7E 1.1ORGAN, CHRISTOPHER GAGNEPAIN, JASON PRIVETTE, i:ACHARY CP ENG FF •. X }: pi ID 12 Diaputoh III1 911 811 20121 04: 09_ _j Sent atisupproseion LJ � __1 Arrival a 1 911 81 20121 1_04 : 17 E 1 41 I(D1 m j Tyq,u 111 1 911 81 2012 106:44 L� L- C1oar (+ 1 (jothar Personnel ID Name Rank or Grade F'L-tond I X 1 Action Taken Action Taken Action Taken Action Taken DGR!•:GORY 1]fII:M13REE DORLE P.IVEY GREGORY, DONALD HEMHREE, DARRYLI, ORLE, DOUGLAS IVEY, RICHARD FF LING CP Fr X X X X 111 nunim F'1 to neva it nl•bt llFIRS-10 Roviaien 11/17/98 1COO 07/0B/2Q12 12-0002.154 Project No. 13-30.1 Page 68 of 106 Exhibit 6.8 A MM DD YYYY 1 10702 I 1110 I 1 91 1 01 1 2012 1 1 1 I I 12-0002454 I I 0001 pUctecc [FIRS011n01 10 rola * ntacc * inciUcnt :IaLV * GLJllun lncltlC l,L :i�:'tcr * * `—iC,'r7e �flYA ...\[-Gtnlre J B Apparatus or * Resource Uut, ccdca lintel ncln•.People Date and Times L'neCr if 35eC A^+ nlaln dal!' Month Day Yoar Hours/nine Sent Lll E Number Of * Use cher.% win Box 1al Carl, ayparaluo to In ,:"- it.; _.ent nv.r n' Llir. incident. Actions Taken 1.iuL by L) 4 acLion9 for each a -arutus n.iu rirh pern orrtl. 1 ID 1E30 I Dispatch �I 911 811 20121 104:47 I Sent If,l � I 11suppr©salon EMSI11 NOthar u u Arrival MI 911 eI 2012 104:53 1n Type I LI LI Clear I 911 811 20121 105:49 I Personnel ID Name Rank or Grade Attend X Action Taken Action Taken Action Taken Action Taken JWHITS'7ORTH PHARKINS WHITWORTH, JERRY HARKINS, PAUL FF CP X X 2 ID IFM1 1 Dispatch DI 91I 811 20121 105:13 Sent IX] I 11 Suppression ■ EMS IXjother Li u Arrival ■ 1 911 811 2012[ 105:17 TYpe 192 I LJ 1—I Clear N1 911 811 20121 106:58 Personnel ID Name Rank or Grade Attend X Action Taken Action Taken Action Taken Action Taken DBRUNNER FBRUNNE:R, CARL FM X 3 ID IpoV 1 Dispatch 1 9II 811 20121 104:09 Sent IA 31 Suppression ❑EMs I}�Other �, u N,..t.val 1 911 811 20121 104:14 Type 199 I LI II Clear _1I 911 811 20121106:56 Personnel ID Name Rank or Grade Attend X Action Taken Action Taken Action Taken Action Taken DBISHOP MWAFKINS RDI;RRY BISHOP, DANA WATKINS, MORGAN DERRY, RONALD VOLUNTEE R FP VOLUNTEE R X X X Brannon File DUVUtl.alnl NEIRS-10 Revision 11/17/98 10707 0)/00/2012 12 0002454 Project No. 13-30.1 Page 69 of 106 Exhibit 6.9 A MM DD YYYY I 10702 I 11401 1 91 1 81 1 20121 I 1 I 1 12-0002454 1 I 0001 ■ Delete ?rFIRs - 10 Pornonnal r� FWD * State * lnrfdenr wee * Stnticn faeld.ru Yur,F;er * rxpooure * LirhanOc B Apparatus or * Resource U. c`nirn Muted Lclo, Date and Times cheek it sacs as alarm date Hont'h Da YOar Hours/ruins Y Sent X Number of * People Use check our Lox Col each apparotua to ln:llcsee 1L9 C-11 f, u,c aL Clln lnelnent. Actions Taken L1nrup to 4 ac[tons for each apparatus MI5 each pernC flnf!l. El 1D 1T2 1 Dispatch Q I 911 811 20121 I04 : 09 I Sent Suppression J u l Arrivalmil 911 ell 2012 104:17 I pi] 1 3t ems L Typo Ili 1 9lI 8Il 20121 L� L� clear Dgl 106:25"'� •othor Personnel ID Name Rank or Grade Attend DC Action Taken Taken Action Taken Action Taken Action Taken DOLL DHALL NJONES ET7,, DAVID HALL, DUSTIN JONES, NATHANAPr, CP FP ENG X X X 2 ip I I Di.Dpatch NI LiLi!1 L j Sent 09upproe5ian l__J u Arrival ■ I II I I I I ❑ I I is EMS Type 1 1 Clear L__ II 1 1 I —I U II .Othez Personnel ID Name Rank or Grade Attend X Action Taken Action Taken Action Taken Action Taken LI ❑ 3 ID I 1 Dispatch El L_IL _J I—__J I Sent ■Suppression LI LI Arrival III II II 1 I ❑ 1_J OEM TYPO I ( L—I L� Clear • 1_1�I I I I �_J0ther Personnel ID Name Rank or Grade Attend X Action Taken Action Taken Action Taken Action Taken ❑ nrertluon Fire Ccpartment NFXRS-10 Revision 11/17/90 10702 09/00/2012 12-0002454 Project No. 13-30.1 Page 70 of 106 Exhibit 6.10 MM DD YYYY A l 10702 1 (M01 1 91 1 81 1 20121 1 1 1 1 12-0002454 1 1 000 1 ❑i>elete .`.tatlen incident Iterter * Expopure * Ochange 71,112 * State* Inci.lt.iL 11,te * Insurance and $Loss B Estimated Dollar Loss & Value Buildings Vehicles Contents Pre -Incident Value Estimated Loss Insured Amount Settlement Amount $216,752.00 $54,188.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $2,000.00 $2,000.00 $0.00 $0.00 C Insurance Company Punlnecc name lr avvl tcable II Contact llm-t fittest or eigneay Hoot office. em, City l.-1 I 1-1 1 1- I I I State 21p Cede I � Agent derc 1 1 r'o1Sey nvrsbcc Phone Number ❑Mri lO logo OVeelelen ❑Content+ Fellcy COVOCA9e IfFarulon Fire pepartctnt. 21BIRS-Insuranco o Dollar Loss Revision 02/12/03 1.07o2 09/08/2012 12-000245i Project No. 13-30.1 Page 71 of 106 Mi sotu'a Exhibit 7.1 "oF BRANSON Planning & Development D 110 West Maddux St. • Suite 215 • Branson, Missouri 65616 (417) 337-8549 • FAX (417) 334-2391 January 14, 2013 Inn-2 LLC dba: JR's Motor Inn PO Box 2635 Springfield, MO 65801 Attn: C.L. Carr Dear Mr. Carr, I would like to Inform you that on January 11, 2013. the City of Branson officially declared the structure known as JR's Motor Inn, located at 1944 W. Hwy 76, Branson, as a dangerous building. 0n January 7, 2013, a representative of Pinnacle Design Consultants accompanied me onto said property to perform a structural inspection. His conclusion, as documented in a report dated January 11, 2013, states "This is a dangerous building, the building itself is unstable and could partially collapse any time. This creates a life safety concern to any one on the property. Due to the scope of work involved in rehabilitating this structure properly, it is most cost effective to demolish this building." On January 11, 2013, the structures on the property were posted as dangerous buildings Due to the un-protected condition of the property and the lack of structural integrity of these buildings, there is significant public life safety exposure. Therefore, you will need to fence off the property within fourteen (14) calendar days from receipt of this letter. If you do not fence the property within this time period, the City of Branson will have the property fenced. Additionally, the City's dangerous building abatement process will be initiated in accordance with Branson Municipal Code. Chapter 22, Article IX, Abatement of Dangerous Buildings. As part of that process. all costs Incurred by the City, including the fencing, Title Search, debris removal, demolition, cleanup, etc., will be billed to you. Thank you, In advance, for your cooperation. If you have any questions, please feel free to contact me at (4'17) 337-8527. Regards. Keith Crawford Code Enforcement Super File# 12-0498 SENDER: COMPLETE_ THIS SECTION ■ Complete Items 1, 2, and a.Also complete item 4 If Restricted Delivery Is desired. In Print ,our name and address on the revorso so that k.rie can return the card to you, n Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article At:dressed to: Inn-2 LLC Jlja:ill's Motor Inn 1'0 Box 2635 Springfield, MC) 658Q1_ COMPLETE THIS SECTION ON ()EMERY A. Signature Ir' - - ..� , 0 Agent f` i 0 Addressee B. Received by ( Printed Name) C. Date of Delivery / ) J/-/7/3 D. In delivery address different horn item 1? ❑ Yes I! YES, enter do!Ivery address heir,':: ❑ No 3„SpfvicoTime Certified Mall 0 Registered E7 Insured Mall O Express Mall © Return Receipt for Merchandise 10 C.O.D. 4. Restricted Delivery? (Extra Fco) CI Yes 2. At tide Number (Transfer (mm servlco label) 7011 2000 0002 6529 7015 PS Form 3811, February 2004 "The City will encourage lire qua , - Domestic Return Receipt W2'45.0244-1 Project No. 13-30.1 Page 72 of 106 v-ems BU`an*](1► Exhibit 8.1 CITYOF :RANSON Planning 134 Development Exhibit F 110 West Maddox St. • Suite 215 • Bronson, Missouri 65616 (417) 337.9549 • FAX (417) 334.2391 Notice and Order Pursuant to the City of Branson Municipal Code, Chapter 22, Article IX, the purpose of this Notice and Order Is to inform you that on your property at 1944 W. Hwy 76, Branson (J.R.'s Motor Inn), there is a dangerous building, as determined by officials of the City of Branson, All Dangerous Buildings are declared a public nuisance and appropriate remedial action Is required. This property Is further described as: Parcel ID: 17-3.0.06.002.006.014.000 Brief Tax Description; PT PL 2 LT 9 NW4; City o! Branson Sec /Twp/Rng: 06/22/21 Deed Book / Page / Date: 2010-11387 (03/19/10) Owner(s) of Record: lnn•2 LLC dGa. JR's Motor Inn PO Box 2635 Springfield, MO 65801 On September 8, 2012, a fire severely damaged the main structure on the above described property. On January 7, 2013, representatives of the City of Branson inspected said property and found the structure to be a dangerous building. The conditions associated with the structure, as delineated In the City of Branson Municipal Code, Chapter 22, Article IX, Section 22-200, Include, but are not limited to: • portions, members, or appurtenances thereof have been damaged so that the structural strength or stability of any portion of the structure/building threatens the life, health, safety. or property of the occupants or public • portions, members, appurtenances, or ornamentation thereof, are of insufficient strength or stability so that it threatens the life, health, safety, or property of the occupants or public • the building or structure, or any portion thereof are likely to partially or completely collapse • the floor or the roof Is overloaded or of insufficient strength to be reasonably safe for the purpose used • the building or structure, or any portion thereof, Is so unsafe for the purpose for which it is being used, so as to threaten the life, health, or safety of the occupants or public • the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members. or 50 percent damage or deterioration of its non -supporting members. enclosing or outside walls or coverings • the building or structure has been so damaged (from whatever cause) so as to become dangerous to life, safety, or the general health and welfare of the occupants or the public • the building or structure Is In violation of the city's building regulations or adopted code, or any other laws or ordinances that protects the life, health, and safety of the occupants or public • the building or structure is determined to be unsanitary, unfit for human habitation, or in such a condition that Is likely to cause sickness or disease • the building or structure Is determined to be a hro hazard Page 1 of 2 Project No. 13-30.1 Page 73 of 106 Exhibit 8.2 Additionally, there is an accumulation of rubbish Inside the structure and on the exterior property. Overall, these conditions pose a threat to the health, safety and welfare of the public. In accordance with the 2009 International Properly Maintenance Code and the Branson Dangerous Building ordinance, This structure has been declared a dangerous building and cannot be used for human occupancy, It exhibits such conditions that threaten the health, safety and welfare of the public. Therefore, such conditions shall be remedied by either repairing the structure or by demolishing the structure and then removing and properly disposing of ail building materials and removing and disposing of all contents of said building. The property must be cleaned of all rubbish and debris. You are hereby ordered to Immediately vacate the structure due to the unsafe condition it imposes, and to begin such remedial actions, as described herein, within thirty (30) days from receipt of this Notice and Order, and to proceed continuously without unnecessary delay. A demolition permit must be obtained from the City of Branson Building Department prior to commencing work. Failure to comply with this Notice and Order will result in a formal hearing before the Director of Planning and Development, and may result In further actions by the City, including, but not Iindted to, a written Order of Abatement and abatement of all violations by the City bNDEfl COMPLETE THIS SECTION s Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. 1 Print your name and address on the reverse so that we can return tho card to you. It Attach this card to tho back of the mallploco, or on tho front [(space permits. I. Article Addressed to: • inn-2 MC dbn: JR's Motor inn P.O. Lox 2635 Springfield, MO 65801 .2;// 0 Dat COMPLETE THIS SEC f10N oN ivve by _VL Printed Nunn) t O.-Di??of Delivery D. IsderNeryiiddressdifrejentJnxnnein 1? ):1 Y If YES, enter delivery rtss bolo is 9 WI C1 Agent Cl Addressee Certin WI El Express Mall Cl Registered 11 Rolurn Receipt for Merchandise ❑ Insured Mall CI 0,0.D. 4. Restricted Delivery?(i frn!•'eOJ ❑Yes 2, Article tturnber (Irnnsfcrfront scrvlcarabcq , 703, 3050 000], 9947 51822 PS Form 3t311, February 2004 Domoshe Return Receipt 1ee05•024a•1e01. Flory: 2ref2 Project No. 13-30.1 Page 74 of 106 Exhibit 9.1 CITY [15) f/A S Planning & Development t xhibit 110 West Maddux St. • Suite 215 • Branson, Missouri 65616 (417) 337-8549 • FAX (417) 334-2391 March 14, 2013 Leisuretek LTD, fnc. do Gary W. Allman 101 State Drive, Ste. 100 Hollister, MO 65672 RE: NOTICE AND ORDER-1944 W. STATE IIICH.WAY 76, BRANSON, MO Please find enclosed for your review a copy of a Notice and Order for JR's Motor 11111 located at the above reference location. If you are not a person of interest in this matter, please disregard. .ICI,/ss WAR: 7EC3; COI WPLETP THIS SEC •y U Complete Items 1, 2, and 3. Also Item 4 If Restricted Delivery Is di u Print your name and address on so that we can return the card to o Attach this card to the back of t- or on the front If space permits. u1 111 a1 tr ru ut 1. Article Addressed le: Leisuretel: LTD. Inc. c/o Guy Allman 101 State Drive, Ste. 100 l lollistcr,MO 65672 2. Article Number (Ransfer from s 7011 2 7011 2000 0002 U.S. Postal Ser. Icelr, CERTIFIED (\MIL?, RECEIPT (Domestic doll Only; No Insurance Coverage Provided) Q " ',1 EElntnilon visit out Wobsho et WWW.+lepe.colp$ n 1 q , 1 r 1 10.66 r esta90 $ CCIW5ad Fco Helton nccc'pt Fca (Endorsement nequ:red) nosl,lctaa t1elvety Fee (Endorsement n^qufred) Total Poatago 1. Fees 13,10 10.V0 ?G.31 0805 12 I loro 03/IS/2013 �uenr r� m14 1-T2) e P-1-21l A_ l orrott:xKo• Ibi ^�X—tom 1-21? f..`, .1:IL'b cv,, Slate, 21P,4 t—low 3 c-12_`Vtu cast.(( 2 %-g61.4fltr/_ :flialfn 7La ti, ' k rMts(.) I PS Form 3811, February 2004 oomostic Return Receipt Cc: Rocky Mountain Management LLC, 300-B East High Street, Jefferson City, MO 65101 Brad Poppie, 3350 Ashworth, Aurora, CO 80126 Robert Watford, 8227 S. !lolly Street, Centennial, CO 80122 Robert Paulson, 106 Travis Trai1,13ranson, MO 65616 102595-02 h1-15 Project No. 13-30.1 Page 75 of 106 RA Exhibit 9.2 110 West Maddux SI. o Suite 215 a Branson, Missouri 65616 (417) 337.8549 o FAX (417) 334.2391 Notice and Order Pursuant to the City of Branson Municipal Code, Chapter 22, Article IX, the purpose of this iJotice and Order is to inform you that on your property at 1944 W. Hwy 76, Branson (J.R.'s Motor Inn), there is a dangerous building, as determined by officials of tho City of Branson. All Dangerous Buildings aro declared a public nuisance and appropriate remedial action is required, This properly Is further described as: Parcel ID: 17 3,0.06-002-006-014.000 13riof Tax Description: P1' P1. 2 LT 9 MIN; City of Branson Sec / Twp / Rng: 06/22/21 Deed Book / Page / Date: 2010-11387 (03/19/10) Owner(s) of Record: Inn-2 LW dba: JR's Motor inn PO Box 2635 Springfield, MO 65801 PY On September 8, 2012, a fire severely damaged the main structure on the above described proporty. On January 7, 2013, representatives of the City of Branson inspected saki property and found the structure to be a dangerous building. The conditions associated with the structure, as delineated in the City of Branson Municipal Code, Chapter 22, Article IX, Section 22-200, Include, but are not limited to: o portions, members, or appurtenances thereof have been damaged so that the structural strength or stability of any portion of the structure/building threatens the life, health, safety, or properly of the occupants or public o portions, members, appurtenances, or ornamentation thereof, aro of insufficient strength or stability so That it threatens the life, health, safety, or property of the occupants or public o the building or structure, or any portion thereof aro likely to partially or completely collapse o the floor or the roof is overloaded or of insufficient strength to bo reasonably safe for tho purpose used • the building or structure, or any portion thereof, is so unsafe for the purpose for which it is being used, so as to threaten the fife, health, or safety of the occupants or public o the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of Its supporting member or members, or 50 percent damage or deterioration of its non•supporting members, enclosing or outside walls or coverings a tho building or structure has been so damaged (from whatever cause) so as to become dangerous to life, safety, or the general health and welfare of the occupants or tho public o the building or structure Is In violation of the city's building regulations or adopted code, or any other laws or ordinances that protects the life, health, and safety of the occupants or public tho building or structure Is determined to be unsanitary, unfit for human habitation, or In such a condition that Is likely to cause sickness or disease 7 the building or structure Is determined to he a fire hazard Ingo I of 2 Project No. 13-30.1 Page 76 of 106 Exhibit 9.3 Additionally, there Is an accumulation of rubbish Inside the structure and on the exterior property. Overall, these conditions poso a threat to the health, safety and welfare of the public. In accordance with the 2009 International Property Maintenance Code and the Branson Dangerous Building ordinance, this structure has been declared a dangerous building and cannot be used for human occupancy. It exhibits such conditions that threaten the health, safety and welfare of the public. Therefore, such conditions shall be remedied by either repairing the structure or by demolishing the structure and then removing and property disposing of all building materials and removing and disposing of all contents of said building. The property must be cleaned of all rubbish and debris. You are hereby ordered to Immediately vacate the structure due to the unsafe condition It imposes, and to begin such remedial actions, as described herein, within thirty (30) days from receipt of this Notice and Order, and to proceed continuously without unnecessary delay. A demolition permit must be obtained from the City of Branson Building Department prior to commencing work. Failure to comply with this Notice and Order will result in a formal hearing before the Director of Planning and Development, and may result In further actions by the City, Including, but not limited to, a written Order of Abatentent and abatement of all violations by the City. 6/1 Page 2 of 2 Project No. 13-30.1 Page 77 of 106 Exhibit 9.4 Project No. 13-30.1 Page 78 of 106 Exhibit 10.1 CITY 0) s N_ OF 0) iv Planning & Development 1. ltihit _ March 14, 2013 110 West Maddux St.. Suite 215 a Branson, Missouri 6581(3' (417) 337-8549 c FAX (417) 339-2301 US, Postal•Service;,, p.CERTIFIED MAIL. RECEIPT ;(pamesI/c MO Only; No I,, urance'Govaraga Provided) .or.dolivo y rn(Ormatlonvtoti auawobello at YnnV,Uap9,cama r AI` D l7 7olel f'o:Wpo6Fces ru r1 r-i Leisurctck LTD, Inc. A c/o Gary W. Allman r 101 State Drive, Ste. 100 Hollister, MO 65672 Poshoo Codified Feo Holum nttc:pl Fro (Undots^moot rlcqutrcd) fkstilct d UC;very Fco ([tatoucmcnt nctrbcd) o /,` 11; (i fi l0.t& 0805 13.10 1? $ Fol ntelit I Ir.to I I3/ 15/2013 SnnTio t'?P i I?aPPPI bGra Apt.lro.; rr ma:. No 57 5b �.�,/�Ll t 4/1h1�p1��l ILO ,. r tr, St,tu ;WI r t.t.u.a as...!,V e2b CD! ILO Jf.(.$ �1 i .�l�i-l' RE: NOTICE AND ORDER-19,1,1 W. STATE IIIGHWAY 76, BRANSON, MO Please, find enclosed for your review n copy of a Notice and Order forJR's Motor Inn located nt the above reference location. If you are not a person of interest in this matter, please disregard. Sincerely, L Jiro} Lnwson 'rector JCL./ss LL...,/ Cc: Rocky Mountain Management 11C, 300-11 East High Street, Jefferson City, MO 65101 Brad Poppic, 3350 Ashworth, Aurora, CO 80126 Robert Watford, 8227 S. Holly Street, Centennial, CO 80122 Robert Paulson, 106 Travis Trail, Branson, MO 656 I 6 Project No. 13-30.1 Page 79 of 106 Exhibit 10.2 CITY OF RA dr.. Planning Et Development 110 West Maddux St. • Suite 215 • Branson, Missouri 65616 (417) 337.8549 • FAX (417) 334-2391 Notice am 1 Order Pursuant to the City of Branson Municipal Code, Chapter 22, Article IX, tho purpose of this Notice and Order Is to inform you that on your property at 1944 W. Hwy 76, Branson (J.R.'s Motor Inn), there is a dangerous building, as determined by officials of the City of Branson. All Dangerous Buildings are declared a public nuisance and appropriate remedial action Is required. This property Is further described as: Parcel ID: 17 3.0-0G-002-006-014.000 Brief Tax Description: PT PL 2 LT 0 NW4; City of Branson Sec / Twp / Rng: 06/22/21 Deed Book / Page / Date: 2010-11387 (03/19/10) Owner(s) of Record: Inn-2 LLC dha: Jl.'s Motor Inn PO Box 2635 Springfield, MO 65801 On September 8, 2012, a fire severely damaged the main structure on the above described property. On January 7, 2013, representatives of the City of Branson inspected said property and found the structure to be a dangerous building. The conditions associated with the structure, as delineated in the City of Branson Municipal Code, Chapter 22, Article IX, Section 22-200, include, but are not limited to: • portions, members, or appurtenances thereof have been damaged so that the structural strength or stability of any portion of the structure/building threatens the life, health, safety, or property of the occupants or public • portions, members, appurtenances, or ornamentation thereof, are of insufficient strength or stability so that It threatens the life, health, safety, or property of the occupants or public • the building or structure, or any portion thereof are likely to partially or completely collapse • tha floor or the roof Is overloaded or of insufficient strength to be reasonably safe for the purpose used • the building or structure, or any portion thereof, is so unsafe for the purpose for which it is being used, so as to threaten the life, health, or safely of the occupants or public • the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of Its supporting member or members, or 50 percent damage or deterioration of Its non -supporting members. enclosing or outside walls or coverings • the building or structure has been so damaged (from whatever cause) so as to become dangerous to life, safety, or the general health and welfare of the occupants or the public • the building or structure Is In violation of the city's building regulations or adopted code, or any other laws or ordinances that protects the life, health, and safety of the occupants or public • the building or structure Is determined to be unsanitary, unfit for human habitation, or in such a condition that ti1ikeity to cause sickness or disease • the building or structure Is determined to be a fire hazard Page 1 of 2 Project No. 13-30.1 Page 80 of 106 Exhibit 10.3 Additionally, there Is an accumulation of rubbish Inside the structure and on the exterior properly. Overall, these conditions pose a threat to the health, safety and welfare of the public. In accordance with the 2009 International Property Maintenance Code and the Branson Dangerous Building ordinance, this structure has been declared a dangerous building and cannot be used for human occupancy. It exhibits such conditions that threaten the health, safety and welfare of the public. Therefore, such conditions shall be remedied by either repairing the structure or by demolishing the structure and then removing and properly disposing of all building materials and removing and disposing of all contents of said building. The property must be cleaned of all rubbish and debris. You are hereby ordered to immediately vacate the structure due to the unsafe condition it imposes, and 10 begin such remedial actions, as described herein, within thirty (30) days from receipt of this Notice and Order, and to proceed continuously without unnecessary delay. A demolition permit must be obtained from the City of Branson Building Department prior to commencing work. Failure to comply with this Notice and Order will result in a formal hearing before the Director of Planning and Development, and may result in further actions by the City, Including, but not limited to, a written Order of Abatement and abatement of all violations by the City. Issued y: t Jim 1.4 Ion%% Di &tor�Plannin aveiopment 2/10 Page 2 of 2 Project No. 13-30.1 Page 81 of 106 Exhibit 10.4 Project No. 13-30.1 Page 82 of 106 1 2000 0002 tr nJ .11 ••1 2 A 0 Exhibit 10.5 LP. Lf•-• OR a 00 0 et P X a t: m I t•-• 1.I! to111,9 Iirl I t. •I I I' 1. p EI E • . FLV--13 ;•,,, r3U ZiC) 0002 TTO cJ ru Er to ru ft' Project No. 13-30.1 Page 83 of 106 CITY tc-.... OF Mt;souri Exhibit 11.1 RANSON Planninc, Development hxhihit 'f 110 West Maddux St. a Suite 215 o Branson, Missouri 55616 (417) 337-8549 o FAX (417) 334-2391 m rn r`- March 14, 2013 r1 I.cisuretek LTD, Inc. ri c/o Gary W. Allman N 101 State Drive, Ste. 100 Hollister, MO 65672 tCt inii»i.; l llyll'Nltir init (G.i:=ib''ll: Postage CorIiIICd Feo Itdtvm ItcCe'pl No (endorsenont no.WIred) li t,r led Dotvery Fen (Endorsom0 nl l legvlr.d) • 10.66 13.10 0305 1Y Poilnurrl Ifoto 03/15/2013 Sent 1 su�ar,lpr ;� T 4l%p+t--ID-D o iff arh'o. j .7 ,S, 11-1(›uV firrro,Xmro�µ� Nilt/at ., ev 8b122 RE: NOTICE AND ORDER —1944 W. STATE HIGHWAY 76, I3RANSON, MO Please find euelosed for your review a copy ofn Notice and Order for JR's Motor Inn located at the above reference location. If you are not a person of interest in this matter, please disregard. Sincerely, c Jii 'Lawson G'eetor JCliss Cc: Rocky Mountain Management LI,C, 300-13 Last High Street, Jefferson City, MO 65101 Brad Poppie, 3350 Ashworth, Aurora, CO 80126 Robert Watford, 8227 S. Holly Street, Centennial, CO 80122 Robert Paulson, 106 Travis Trai1,13ranson, MO 65616 ) Project No. 13-30.1 Page 84 of 106 hew Branastal Missouri Exhibit 11.2 OF !TT-1 Ir%trt ffit Development i 10 West Maddox Si. o Suite 215 o Branson, Missouri 656 t6 (417) 337-8549 . FAX (417) 334.2391 Notice and Order Pursuant to the City of Branson Municipal Code, Chapter 22, Article IX, the purpose of this Notice and Order is to inform you that on your property at 1044 W, Hwy 76, Branson (J.R.'s Motor inn), there is a dangerous building, as determined by officials of tho City of Branson, All Dangerous Buildings are declared n public nuisance and appropriate remedial action Is required. This property is further described as: Parcel ID: 17-3.0-06.002.006-014.000 Brief Tax Description: PT PL 2 LT 9 NW4; City of Branson %( \l /' >\ i } Sec / Twp / Rng: 06/22/21 I . Deed Book / Page / Date: 2010-11387 (03/19/10) Owner(s) of Record: inn•2 LLC-:- I JR's Motor inn PO Box 2635 Springfield, MO 65801 On September 8, 2012, a fire severely damaged the main structure on the above described property. On January 7, 2013, representatives of the City of Branson inspected said property and found the structure to be a clangorous building. The conditions associated with the structure, as delineated in the City of Branson Municipal Code, Chapter 22, Article IX, Section 22-200, Include, but are not limited to: o portions, members, or appurtenances thereof have been damaged so that the structural strength or stability of any portion of the structure/building threatens the life, health, safety, or property of the occupants or public o portions, members, appurtenances, or ornamentation thereof, are of insufficient strength or stability so that it threatens the life, health, safety, or property of the occupants or public • the building or structure, or any portion thereof are likely to partially or completely collapse a the floor or the roof Is overloaded or of insufficient strength to be reasonably safe for the purpose used o the building or structure, or any portion thereof, Is so unsafe for the purpose for which it Is being used, so as to threaten the life, health, or safety of the occupants or public • the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of Its non -supporting members, enclosing or outside walls or coverings • the building or structure has been so damaged (from whatever cause) so as to become dangerous to life, safety, or the general health and Weller° of the occupants or the public o the building or structure is In violation of the city's building regulations or adopted code, or any other laws or ordinances that protects the life, health, and safety of the occupants or public a the building or structuro Is determined to be unsanitary, unfit for human habitation, or in such a condition that Is likely to cause sickness or disease o the building or structure Is determined to be a fire hazard Page 1 of 2 Project No. 13-30.1 Page 85 of 106 Exhibit 11.3 Additionally, there is an accumulation of rubbish inside the structure and an the exterior property. Overall, these conditions pose a threat to the health, safety and welfare of the public. In accordance with the 2009 International Property Maintenance Code and the Branson Dangerous Building ordinance, this structure has been declared a dangerous building and cannot be used for human occupancy, It exhibits such conditions that threaten the health, safety and welfare of the public. Therefore, such conditions shall be remedied by either repairing the structure or by demolishing the structure and then removing and properly disposing of all building materials and removing and disposing of all contents of said building. The properly must he cleaned of all rubbish and debris. You are hereby ordered to immediately vacate the structure due to the unsafe condition it imposes, and to begin such remedial actions, as described herein, within thirty (30) days from receipt of this Notice and Order, and to proceed continuously without unnecessary delay. A demolition permit must be obtained front the City of Branson Building Department prior to commencing work. Failure to comply with this Notice and Order will result in a formal hearing before the Director of Planning and Development, and may result in further actions by the City, including, but not limited to, a written Order of Abatement and abatement of all violations by the City. Issued Jim . v n Di clor/pinnnie d De opulent Da? Page2of2 Project No. 13-30.1 Page 86 of 106 Exhibit 11.4 Project No. 13-30.1 Page 87 of 106 CITY f7R ,.i NSO11F'J OF �J\C Planning and Development Dept. 110 W. Maddox St., Ste. 215 Branson, Missouil65616 i Exhibit 11.5 i I I I I 'n+ i i 7011 2000 0002 6529 7039 Robert Walford 8227 S.,-PP TE,f Centlnnili(i'' � 22 'SIN( ?III' 0 4E 'UP neopase 03/15/2013 81? fe tt:c r s�t••se.• al f : • I ) �Pii i(nwrt I l,nSt / Nthv ." I ` I)1 LtVI'1Vi Jt for)o Plt:a I,SxA. S Gtdli $0 .:j 1(► ZIP 65616 04I L1122332,1 NIXIE 'CI' LIE .. 00 0 ;%:r P.ETUKJ: TO SENDER lJtNC1 AIt4ELI URARt.E 'I'0 FcIF:,1APC C15GiG7E:5f=='. 'C:,i: i:,--(.1.-ter•,r II)I:tIII Ittl IrInIIIIllurtltllnlntibitlttlllulltl►Mill ,,JJ ;7, aNn¢3110a1v.C19i''sin(' DER; COMPLETE THIS SE U.Sp..AiOOSTAr BRANsnN 110 tiARr561 15..17 AMOUNT in 7n f a Complete Items 1, 2, and 3. Also cornpteto item 4 If Restricted Delivery is desired. C Print your name and address on the reverse so that vie can return the card to you. 18 Attach this card to the back of the mallpiece, or on the front If space permits. 1. Article Addressed to: Robert Watford 8227 S. Flolly Street Centennial, CO 80122 jS COMPLETE T1JI S SECTION ON bELIVERY A. X Signature B. Received by (Printed Name) ❑ Agent I O Addressee C. Date of Delivery D. Is delivery address different from Item 1? 13 Yes it YES, enter delivery address below: G1 No 3. Servic Typo Otcrtilied Mall CI Express Mall O Registered 0 Return Receipt for Merchandise O Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra FeO) 0 Yes 2. Article ansferumber- 7011 2000 0002 6529 7039 (Tmnslarlronr set PS Form 3811, February 2004 Domestic Return R/eeipt Iozes5A2la Is4o, Project No. 13-30.1 Page 88 of 106 Exhibit 12.1 [1:3 RA \ (c)) Planning fit, Dcovolophient Exhibit A4al,;h 14, J013 I.cisuretck LTD, Inc. c/o Gary W. Allman 101 State Drive, Ste. 100 Hollister, MO 65672 110 West Maddox SI. a Suite 215 n Branson, Missouri 6561d (417) 337-8549 o FAX (417) 334-2391 ru ru r u- ru trl Poftaoo ..0 Cmucad fee n.1 nolwnlle041foo (Endorromoallla.o,h d) nc91r✓.tod rlal;rcry roc (endarcemoat rlogvlre,Q p C3 p Total footage A Foca r1 rl rl a^o�PP3�t�T boeLAA1.» .; wPaek.na tots? C rr �rafe. bra D.04414J.t W1C> Los 1,srpu. AAOJ;RUpV'17Q 4 o OA.I6efor intnUtlfag?: ,S. Postal'' sl,ViCOrt CERTIFIED MAIL.,,, RECEIPT Domesfle MnII Only; No first/twice (rootage Provided) Por,AlUV.r Inferno'ion vlelt our web&itc rtl wwyr.esps,com,, p'at 1.''c�11I 9 S 40,66 0805 43.10 12 Paalm re 42.55 ltcr 10,00 16.31 03/15/2013 RE: NOTICE AND ORDER-1944 W. STATE HIGHWAY 76,13RANSON, MO Please find enclosed for your review a copy of a Notice and Order for Jlt's Motor Inn located at the above reference location. If you ;u'o not a person of interest in this matter. ukase rlisrcunrrl. Siacergyly, Lawson •ector JCL/ss SENDER:, COMPLETE_ THIS SECTION u Complete Items 1. 2, and 3. Also complete Item 4 It Restricted Delivery Is dashed. W Print your name and address on the roverse s9 that we can return the card to you. B Attach this card to the back of the matptoco. or on the front If space permits. 1. Article Addressed 1o: Robert Paulson 106 Travis Trait Branson, MC) 65616 COMM CTE 1111S SECTION ON DELIVERY A. 8tttsl rd 0 Agent ❑ Addressee R, Received by (Printed Nemo) C. Date of Delivery .4) t' r--i a . LA%ir•..1- U. is delivery address different from Item 1? 0 Yes If YES, enter delivery address be'to is 0 No 3. Servi ype Codified Mae 0 Registered 0 Insured Matt ❑ Express Ms1 ❑ Return ne eipt for Merchandise 0 C.C.D. 4. Restricted Delis/Try? (Faro Fee) 0 Yes 2. Article Nt (Transfer 7011 2000 0002 6529 7022 PS Form 3811. February 2004 Domestic Return Receipt Cc: Rocky Mountain ManagenientLLC, 300-B East High Street, Jefferson City, MO 65101 Brad Poppie, 3350 Ashworth, Aurora, CO 80126 Robert Watford, 8227 S. Holly Street, Centennial, CO 80122 Robert Paulson, 106 Travis Trail, Branson, MO 65616 tMOO 024.41 4' Project No. 13-30.1 Page 89 of 106 Exhibit 12.2 OF: UP iMb Pllanniing 11 Development 110 West Maddox SI. • Suite 215 • Bronson, Missouri 65610 (417) 337.8549 • FAX (417) 334.2391 Notice e anad (Order Pursuant to the City of Branson Municipal Code, Chapter 22, Article IX, the purpose of this Notice and Order is to inform you that on your property at 1944 W. Hwy 76, Branson (J.R.'s Motor Inn), (hero is a dangerous building, as determined by officials of the City of Branson. All Dangerous Buildings are declared a public nuisance and appropriate remedial action Is required. Thls property Is further described as: Parcel ID: 17 3.0-06.002-006.014.000 Brief Tax Description: PT PL 2 LT 9 NW4; City of Branson Sec / Twp / Rng: 06/2221 Deed Book / Page / Date: 2010-11397 (03/1940) Owner(s) of Record: inn-2 LLC dbo: JR's Motor inn PO Box 2635 Springfield, MO 65801 On September 8, 2012, a fire severely damaged the main structure on the above described property. On January 7, 2013, representatives of tho City of Branson inspected said property and found the structure to be a dangerous building. The conditions associated with the structure, as delineated in the City of Branson Municipal Code, Chapter 22, Article IX, Section 22-200, include, but are not limited to: Y portions, members, or appurtenances thereof have been damaged so that the structural strength or stability of any portion of the structure/building threatens the life, health, safety, or property of the occupants or public a portions, members, appurtenances, or ornamentation thereof, are of insufficient strength or stability so that It threatens the life, health, safety, or property of the occupants or public • the building or structure, or any portion thereof aro likely to partially or completely collapse •. the floor or lito roof Is overloaded or of Insufficient strength to be reasonably safe for the purpose used o the building or structure, or any portion thereof, is so unsafe for the purpose for which it is being used, so as to threaten the lifo, health, or safety of the occupants or public • the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its non -supporting inembers, enclosing or outside walls or coverings • the building or structure has been so damaged (from whatever cause) so as to become dangerous to lire, safety, or the general health and welfare of the occupants or the public • the building or structure is In violation of the city's buckling regulations or adopted code, or any other laws or ordinances that protects the life, health, and safety of the occupants or public o the building or structure Is determined to be unsanitary, unfit for human habitation, or In such a condition that Is to cause sicknessor diseascr - - • the buitding or structure is determined to be a fire hazard Page 1 of 2 Project No. 13-30.1 Page 90 of 106 Exhibit 12.3 Additionally, there is an accumulation of rubbish Inside the structure and on the exterior property. Overall, these conditions pose a threat to the health, safety and welfare of the public. In accordance with the 2009 International Property Maintenance Code and the Branson Dangerous Building ordinance, this structure has been declared a dangerous building and cannot be used for human occupancy, It exhibits such conditions that threaten the health, safety and welfare of the public. Therefore, such conditions shall be remedied by either repairing the structure or by demolishing the structure and then removing and properly disposing of all building materials and removing and disposing of all contents of saki building, The property must be cleaned of all rubbish and debris. You are hereby ordered to immediately vacate the structure due to the unsafe condition It imposes, and to begin such remedial actions, as described herein, within thirty (30) days from receipt of this Notice and Order, and to proceed continuously without unnecessary delay. A demolition permit must be obtained from the City of Branson Building Department prior to commencing work. Failure to comply with this Notice and Order will result in a formal hearing before the Director of Planning and Development, and may result in further actions by the City, including, but not limited to, a written Order of Abatement and abatement of all violations by the City. Jim I DI & [t�vefopment Page 2 of 2 Project No. 13-30.1 Page 91 of 106 Exhibit 12.4 Project No. 13-30.1 Page 92 of 106 Exhibit 13.1 lii�lli 3 tioWin Lanz) Title JNFOF3J 5IONAL'[ITLE REPORT Ropo0 Nu.: 1303306 1, Ell0cliv0d0,1o; Maul' 15, 2013111 00:00 AIV1 2 ThnesltloPr1010rstln11,01en0rl,>•;riH, io riI00IxIlufn1111611g-0xAIsFNI:;10010 3. Tit10 to Iho hw San, to rslalu c hllrro;l In Iho 1. 0.4 is of 1001'Ita:Ivo Dale Ia:11a14c INN-2, LLD Tho Luu1 rrlrrro l to In Ihts 4101)011 ellt' ilal In Iho Camty 01 TANEY, 81010 oI 61I33001I, end 13 dcscrllxyl as 106c w: ALL TIIAT PART OF PLOT TWO (2) OF LOT MINE (9) OF TI IE NORTI IV EST QUARTF.R (HW1/4) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION SIX (6), TOWNSHIP TWENTY-W/0 (7.2) NORTH, RANGE TWENTY-ONE (21) WEST. EXCEPT TIIAT PART DESCRIBED AS: BEGINNING AT TI IF. NORTHEAST CORNER OF SAID PLOT TWO (2); THENCE SOUTH 256.91 FEET; THENCE WEST 160 FEET; THENCE NORTH 150 FEET TO THE SOUTItERI Y RIGIIT-OF-WAY OF MISSOURI STATE HIGHWAY 1176; THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY 192.43 FCt:T TO TFIE POINT OF BEGINNING, INI TANEY COUNTY, MISSOURI. Hxjmilux! 11110Company (COS E.Gun;h:r) Sp1l001104;l, MO 65/304 T01417 802.2660 via rr.hc',7enlitlo.cern (1303300.PFOI1303306l131 Project No. 13-30.1 Page 93 of 106 Exhibit 13.2 INFORMATIONAL TITLE REPORT (ITEMS OF RECORD) niyoltNualirr: 130330D ltlo following Donis rrrn disclosed by rho public record of the County rehecied on lids report. niece items nre bein0 shorn for Intorniaironal purposes only: t The Ilex► of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid for the year 2013 and all subsequent years. Tax ID/117-3.0.06.002.006.014.000 VL: $470,600 TX: $23,692.83 2• Water Line Casement as set out In Book 238, at Page 950, Recorder's Office, TANEY County, Missouri. 3. Easement as set out In Book 260, at Page 915, Recorder's Office, TANEY County, Missouri. 4• Easement es set out in Book 268, at Page 916, Recorder's Office, TANEY County, Missouri. s. Memorandum of Agreement to TCA Cable IV of Missouri as set uut in Book 419, at Page 055, Recorder's office, TANEY County, Missouri. n. Notes of Lis Pendens for Case ff10AF-CC00768, satisfaction of Judgment filed November 28, 2011,as set out In Book 2010, at Page 47029, Recorder's office, TANEY County, Missouri. 7. Flnanetng Stateritent between J.R. SMOTOR INN, INC., A MISSOURI CORPORATION, Debtor and GREAT SOUTHERN BANK, Secured Party, flied APRIL 24, 2002, In Bonk 397, at Page 6715, Recorder's Office, TANEY County, Missouri; AND AMENDMENT recorded In Book 2012, at Page 24231, Recorder's Office, TANEY County, Missouri. b. Notice of Lis Pendens filed January 2, 2013 in Book 2013, at Page 00001, Recorder's Office, TANEY County, Missouri. o. The liability of the Company under this Informational report shall not exceed $1000. NOTE: This Report is not an opinion of title, nor Is It a commitment to Insure title, This Report is furnished for reference purposes only and should not he relied upon as a commitment to insure title to the premises herein described. If title insurance cnverigp Is desired, application should he nn>ide through this office for a title insurance commitment In an amount to be agreed upon, and the prospective Insureds must be Identified. I lCcinn Lnnd into Company 1606 E.Ruunhlno 6)r1419Ikld, MO.65,904 Ton 417 602.3000 whw.Iwgmilli le.Com (1303306 PFU/ 1303306113) Project No. 13-30.1 Page 94 of 106 Exhibit 14.1 CITY 1LR/A©)Ffl PIa nnIrrog 01 Development l : hil)ii Mat elr 14, 2013 Leisuretck LTD, file. c%o Gary W. Allman 101 State Drive, Ste. 100 Hollister, MO 65672 110 West Maddux St. • Suite 215 • Branson, Missouri 65616 (417) 337-8549 • FAX (417) 334-2391 US, Postal Serviaet.. CERTIFIED MAIL. RECEIPT (domestic Mall Only; No Irfvurance'Cnwarago Provided) Postage oorticed Foci Rutvrn Rccvyt Foo (C.1)oeaunt Rectgotd) Reitri:tod DetNery Fee (Frr};t:emcn: R2 y0C11) Yong Pastaga tk Foos P. 411;e`.1. r.a 101. 113.10 1? Pastmldc 42.55 two ,40.00 1/.31 t? /1S/2t113 i To . Sr U.0 orPoecova. 7 t;, 1 GA IT Fillat4F S tax Slam, ZIP* 4 ?- .I CrN MO In5lb PS -NUM Mloo,AfraU+tyo0fp• SokRasgrme(ortnoptiolI k' RE: NOTICE AND ORDER —1944 W. STATE IUGIIWAY 76, BRANSON, MO Please find enclosed for your review a copy of a Notice and Order for JR's Motor Inn located at the above reference location. If you are not a person of interest in this matter, please disregard. Sincerely, Lalvsou rector JCLIss Cc: Rocky Mountain Management. LLC, 300-B Bast 1-ligh Street, Jefferson City, MO 65101 Brad Poppie, 3350 Ashworth, Aurora, CO 80126 Robert Walfard, 8227 S. Molly Street, Centennial, CO 80122 Robert Paulson, 106 Travis Trail, Branson, MO 65616 Project No. 13-30.1 Page 95 of 106 11011 rigtaniSeka Missr,uri Exhibit 14.2 ,Iry BIRdNSON OF 1 ±PI1 rnnung 8 Development 110 West Maddox SI. • Suite 215 • Branson. Missouri 656t6 (417) 337.05'49 • FAX (417) 334-2391 Notice and Order Pursuant to the City of Branson Municipal Code, Chapter 22, Article IX, the purpose of this Notice and Order Is to inform you that on your properly at 1944 W. Hwy 76, Branson (J.R.'s Motor Inn), there is a dangerous building, as determined by officials of the City of Branson, All Dangerous Buildings are declared a public nuisance and appropriate remedial action Is required. This property Is further described as: Parcel ID: 17-3.0.06.002-006-014.000 Brief Tax Description: PT PL 2 LT 9 NW4; City of Branson Sec / Twp / Rng' 06/22/21 Deed Book I Page / Date: 2010-11387 (03/19/10) Owner(s) of Record: Inn-2 LLC dim: JR's Motor irnr PO Box 2635 SprIngfiold, MO 65801 �i On September 8, 2012, a fire severely damaged the main structure on the above described property. On January 7, 2013, representatives of the City of Branson inspected said property and found the structure to be a dangerous building. The conditions associated with the structure, as delineated in the City of Branson Municipal Code, Chapter 22, Article IX, Section 22-200, include, but are not limited to: • portions. members, or appurtenances thereof have been damaged so that the structural strength or stability of any portion of the structure/building threatens the life, health, safety, or property of the occupants or public • portions, members, appurtenances, or ornamentation thereof, are of insufficient strength or stability so that it threatens the life, health, safety, or property of the occupants or public • the building or structure, or any portion thereof are likely to partially or completely collapse • the floor or the roof Is overloaded or of Insufficient strength to be reasonably safe for the purpose used • the building or structure, or any portion thereof, is so unsafe for the purpose for which It Is being used, so as to threaten the life, health, or safety of the occupants or public • the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its non -supporting members, enclosing or outside walls or coverings • the building or structure has been so damaged (from whatever cause) so as to become dangerous to life, safety, or the general health and welfare of the occupants or the public • the building or structure Is In violation of the city's building regulations or adopted code, or any other laws or ordinances that protects the life, health, and safety of the occupants or public • the building or structure is determined to be unsanitary, unfit for human habitation, or In such a condition that Is likely to cause sickness or disease • the building or structure is determined to be a fire hazard Page 1 of 2 Project No. 13-30.1 Page 96 of 106 Exhibit 14.3 Additionally, there is an accumulation of rubbish Inside the structure and on the exterior property, Overall, these conditions pose a threat to the health, safety and welfare of the public, In accordance with the 2009 International Property Maintenance Code and the Branson Dangerous Building ordinance, this structure has been declared a dangerous building and cannot be used for human occupancy. It exhibits such conditions that threaten the health, safety and welfare of the public. Therefore, such conditions shall be remedied by either repairing the structure or by demolishing the structure and then removing and properly disposing of all building materials and removing and disposing of all contents of said building. The property must be cleaned of all rubbish and debris. You are hereby ordered to immediately vacate the structure due to the unsafe condition It imposes, and to begin such remedial actions, as described herein, within thirty (30) days from receipt of this Notico and Order, and to proceed continuously without unnecessary delay. A demolition permit must be obtained from the City of Branson Building Department prior to commencing work. Failure to comply with this Notice and Order wilt result in a formal hearing before the Director of Planning and Development, and may result in further actions by the City, including, but not limited to, a written Order of Abatement and abatement of all violations by the City. Issued y: dim +.n Di mu wino & ave oprnent _f2/1_6/ Dal Page 2 of 2 Project No. 13-30.1 Page 97 of 106 Exhibit 14.4 Project No. 13-30.1 Page 98 of 106 t•1 t. t)1. t1 tq -1; 11 � !1 .,s 11 i.1 • a1.1; 7011 2000 0002 Exhibit 14.5 u• fa :1" rr� u) ti 0 7011 2000 8 Y' a Project No. 13-30.1 Page 99 of 106 Exhibit 15.1 t':xhi(tit (1- °'07-- BRANSON yy Planning & Development July 15, 2013 INN-2 LLC I)bn: ,IR's Motor Inn P. O.13ox 2635 Springfield, MO 65801 NOTICE AND ORDER DATED: COMPLIANCE DATE: VIOLATION ADDRESS: ORIGINAL INSPECTION DATE: 110 West Maddux St • Suite 215 • Branson, Missouri 65616 (417) 337-8549 • FAX (417) 334-2391 NOTICE OF HEARING CITY OF BRANSON HEARING DATE: IIEARING TIME: IUEARING PLACE: July 26, 2013 10:00 a.m. City Hall 110 W. Mnddua St. Council Chambers Branson, MO 65616 February 15, 2013 March 22, 2013 1944 W. State I lighway 76, Branson, MO January 7, 2013 ATTENTION RESPONSIBLE PARTY/PROPERTY OWNER The Director of Planning and Development has determined that lull compliance with the above referenced "Notice and Order" has not been achieved as of the "Compliance Date." Therefore, pursuant to Section 22-208 of the City of Branson Municipal Code, a hearing has been scheduled on July 26, 2013, at I0:00 a.m. The Nearing will be held at City Hall, 110 W. Mnddua Street, Council Chambers, Branson, Missouri. You arc requested to appear before thc Director of Planning and Development of thc City of Branson to show cause why the buildings, sign structures, nntl pool located at 1944 W. State Highway 76, Branson, MO, reported to be dangerous should not be repaired or demolished in accordance with the Notice and Order dated February 15, 2013. Page 1 of2 Project No. 13-30.1 Page 100 of 106 Exhibit 15.2 Any party may be represented by counsel and will have the opportunity to be heard. City inspector(s) will present their evidence stipulating that the building(s) should be declared dangerous, The Director will make written findings of tact from the evidence offered whether or not the building(s) or structure(s) in question is a dangerous building(s). If the evidence supports a finding based upon competent and substantial evidence that the building(s) or structure(s) is a dangerous building, the Director shall issue a written order of abatement based on such findings of tact, commanding the owner(s) or other responsible party, to repair, vacate, board, or demolish any buildings) or structure(s) found to be a dangerous building and to remove all debris and rubbish from the property. Provided that any person so notified, shall have the privilege of either vacating and repairing said building(s) or structure(s) (if such repair will comply with the ordinances of the city) or may vacate and demolish said dangerous building(s) at his own risk to prevent the city from acquiring a lien against the land where the dangerous building(s) stands. II' the evidence does not support a finding that a building(s) or structure(s) is a dangerous building(s), no order shall be issued. JI11/) LA Diifector kJ: P1a`r it g and Development amity of Branson ON iv 7 :2/73 DA`l E Page2 oft Project No. 13-30.1 Page 101 of 106 Exhibit 15.3 U.S. Postal Service!, ,CERTIFIED MAIL,,, RECEIP (Domestto Mall Only; No lnsuranca Coverage Provided)" ordr•1lvcrydnlomtnllnn.v1810aur.yrob5Uoal WWW,reapu com,; BRIM0001061!L 1 .,; 1! ' ': it Poilugo Canned rao Raton Rceotpt Fad (Endoree mon! Requited) 11cs1rkl ed Retivery Pea (Endo cc nwnt Requted) Total Postage & I'coe 80.46 83.10 12.55 10.00 0805 09 Postmark 11arO 4L.11_ 07/15/2013 slot To �fra'ri1FJ.:No"�/...�.1�1 r+•rr....nt. 0,k4a6 X11 LPsLoIID ul! " bs eI'Vlcet ro RTIFIED1 (),ornositc Mall OnI rL Er. l7; rr ru M City, alto, 7.If "ECEIPT nee Coverage p Ided llvery,(nlormnitoii,v19(1 nur.Wobdto_at *WW JEFF•Efi501) 01 1r` !tt rt•(1)j Poslaga Candled Fco ru Mum Receipt Poo rz (Endorsement Required) l7 L7 O nE rI a N rI r Restricted Dervary Fea (Endorsement Requited) Total Postago 1. Foos $ £0.46 0805 Ilr( Postmark Miro 07/15/2013 To I, Fig ..f.X1:lD...f<:4�!-nt�1�• .G��4G, 1b1C"...Lrie.0 arPOUoxkn ,_:a..l..lns:.`51.. M101-1 e rr Lxy sI,''Yih -G F i Ci 7 CERTIFIED' .;(Dbmos1(o:medi rfl`r Qt lob ID) ra:mr awai ,cr'L' kmit`.• '.. t T Er011 co Postage Regaled Earl Holum Racetpt Fore (t_•r Iorternent R¢qutrcd) Restricted DatNcry coF (Endoreomcrd Remelted) Tani Poslago & F003 55_ 0805 07 Postmark Nero 07/15(2013 orPbaoxNo. g9 (,9), ) DIAN/ :t Cr Mato,2,rr.d m,r)r1:17r t.11\1� C1L `a>i227 l��,tiP tin: rl , , r.tq , i I:-;;• , .rr td�r, irp rr i iri_11�, cAbt Err VIALF Q-f? C,• ru ri n r�) tr ru rn ru C7 r7I CJ ru a .•3 on rP tr ru a CER (Uomestld. ra . Ir l:Iu�h+iV�.�Ii ',RECEIPT nstlrance Coverage Provided). dp!(vory.ialOrmallpn Visit qunWt!_bs(tagt:ydvryl,tlopo,cgma...__ LirfLEto}I U 8.011?6;`. l{ l' it Postage S Certaed red Roturn ltacerpt Fed (erldersanunl Raqutteel) ReSW1 d Detivory Fart (Endoro anion Ii egret ed) Total PO:Ingo & Rea 80.46 $3.10 $2.55 10.00 tic -Jr 0805 09 Poslmntk IMO 07/15/2013 a rPO(lox No. Mr.3 re, Cg4 d L . ►.: trS Eonntrio, 10;00,f 2fOG D T'bi?sAfE ;iUc 4•F. 0.: orPolloxN,. 5502, fis6H'ikbPT-1 ?b 12L.,o VA .ir•nb!n?�I;ji!r,n ', .o: CERTIFIED MAIL,,, RECEIPT (panlealto Mall Only;.No Insurance Coverage Provided). ordalivorydnfotmnllon vlslt our vicbnllant io w.usp omn BPPillrTL71 411614,111 ! 11 Postage coaxed No Return Rcce!pl Fco (Endorsement Requited) Restricted Dowry Fao (Grdo.senient (Implied) Total Poslago & Food Sent'Yo 1, 4-7 �E �s u�Iroel pi:No:; x. A6o35 $0.46 83.10 $2.55 80.00 0805 04 ro:tvu$ lido 07/15/2013 L b. lit to r• r it^'rer, for 6'iw!n)r,lluip :U.S, Postal Service„. CERTIFIED MAIL,., RECEIPT (Ooniesrle Msibonly: No lie orence Coverage Provided) Far (101VRrYilni9f1P1111911,VNII Sur vtvbylla gt vly i,uoplyoma 1104iLI,StEFti t10:66 Postage( cooed Fed RI I Itolvm Hocutet Fso (I (Endorsement Remitted) Re -snicked ()alimentFad (Endorsement Hoqukcd) O Total Postage & Fooa 11J r-1 1_7 f�- S 40.46 83.10 $2.55 $0.00 16.11 0805 ut/ Pastrami( Item 07/15/2013 dM 0 ...:. ' CApI.ho.; l�Ta?�..1T�1.Cr erl'OBoxAO. • Ibt> BtJk71;j..d?C� :.!'1.=,...1L , .901,w.w.9gtai,4o$i. C� SLNl TIM 4 I15 c:; t, tot ;f tucNnrt( Exhibit Project No. 13-30.1 Page 102 of 106 Exhibit 15.4 O Complete items 1, 2, and 3. Also comptoto Item 4 if Restricted Delivery is desired. at Print your name end address on the reverse so that we con return the card to you, a Attach this card to the back of the maltplece, or on the front if space permits. 1. Article Addressed 1o: Lcisuretek LTD, Inc. c/o Ciary Allman 101 State Drive, Ste. 100 IIollistcr, IVIO 65672 Agent 6.44,1' 0 Address C. Data of Derive B. Received by (Printed Name) D. Is delivery address different from Item 1? 0 Yes If YES. enter delivery address below: 0 No p co Type edified Mall 0 Express Mall 0 Registered 0 Return Recelpt for Merchandl 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from sew 7011 2000 D002 6529 7985 PS Forrn 3811, February 2004 Domestic Return Receipt n Complete Items 1, 2, and 3. Afso complete Item 4 I1 Restricted Delivery Is deslred. 4 Print your name and address on the reverse so that we can return the card to you. 1u Attach this card to the back of the maltplece, or on the front 11 space permits. 1. Article Addressed to: Inn 2 LLC P.O. Box 2635 Springfield, MO 65801 e‘•r, 172545-02.r r.1: r CE rE T/-/iS.SECTiON ON DELIVERY A. Signature TZIAAgent A ❑ Address' nfedNamet Date el De' a . IC. 7 ft—L D. Is deriver), address diffe from Item 1? ❑ Yes It YES. enter delivery address below: 0 No D. R nr 3. S Type Certified Mall 0 Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ 0.0.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7011 3500 0001 5441 2514 PS Form 3811, February 2004 2. Article Number (Transfer from ser Domestic Return Receipt 102505.024.1.1540 Project No. 13-30.1 Page 103 of 106 Exhibit 16.1 ' ' • 4• •"1.. ,•• 1 ' •.": • • flIMMINWITIAMST: [0,0010,0 • a'rTM-AMPIFSM1 • Project No. 13-30.1 Page 104 of 106 Exhibit 17.1 �ixhit.rit it/ Project No. 13-30.1 Page 105 of 106 Exhibit 18.1 Taney County, MOAbeaconrr'' Date Created. 10/29/2013 Parcel Parcel ID Property Address Tax Code Sec/Twp/Rng Brief Tax Description School District Fire District City Deed Book/Page/Date 17-3.0-06-002-006-014.000 1944WSTATE HWY76 40QB 06/22/21 PT PL 2 LT 9 NW4; CITY OF BRANSON (Note: Not to be used on legal documents) Branson N/A Branson 2010-11387(03/19/10) Owner INN-2 LLC DBA: JRS MOTOR INN PO BOX 2635 SPRINGFIELD, MO 65801 Land Lot Dimensions Lot Area 47 X 841 IRR 3.5 Acres Improvements Number Description I Year Built! Base Areal Adjusted Area 1-6 Asphalt Paving I 1982 525801 52580 1-7 Concrete Paving I 1982 1844 1844 2-2 Office f 19851 2881 306 Valuation Residential Agricultural Commercial Total Improvements SO $42,801 Land $0 $0 $257,960 Total s0 $0 $300,761 Assessed Total $0 $0 $96,240 $96,240 No data available for the following modules: Photos. Clict; here for help, Disclaimer. Taney County makes every effort to produce and publish the most current and accurate Information possible. This data Is provided "as is" without warranty or any representation of accuracy, timeliness, or completeness. The burden for determining accuracy, completeness, timeliness, merchantability, and fitness for or the appropriateness for use rests solely on the requester. Taney County makes no warranties, expressed or implied, as to the use of the data. There are no implied warranties of merchantability or fitness for a particular purpose. The requester acknowledges and accepts the limitations of the data, including the fact that the data Is dynamic and is in a constant state of maintenance, correction, and update. Last Data Upload: 10/29/2013 2:49:45 A(•1 4.1 developed by The Schneider Corporation Schneider www.schneidercorp.com Project No. 13-30.1 Page 106 of 106