register online! go to · live only:july 14-16, 2011 at the vail marriott mountain resort &...

LIVE ONLY: JULY 14-16, 2011AT THE VAIL MARRIOTT MOUNTAIN RESORT & SPA • VAIL, CO

The Symposium will be submitted for 15 General Credits, including 2.2 Ethics Credits,to the Colorado Supreme Court Board for Continuing Legal & Judicial Education.

Real Estate Credits: The Symposium will be submitted for 15 hours of credit for real estate

continuing education requirements under CRS § 12-61-110.5(3).

REGISTER ONLINE! Go to www.realestatesymposium.org

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Colorado’sColorado’sForemostForemostReal Estate

Real EstateConference!Conference!

Colorado’sForemostReal EstateConference!

29TH ANNUAL

REAL ESTATESYMPOSIUMSponsored by the Real Estate Section of the Colorado Bar Association

Fresh topics, fresh mountain air, and fresh ideas await you.

The Symposium has become the annual gathering place for the Colorado real estatecommunity. Talk with past Symposium Chairs, Real Estate Section Council members presentand past, and listen to some of the most knowledgeable and experienced real estateprofessionals in the region, who will come prepared to give you the strategies andinformation most relevant to your work:

■ Colorado Limited Liability Entities: Qualities, Quirks and Queries■ Legislative Update■ A Tour of Recent Case Law■ Panel Presentation on Advanced Issues in Distressed Real Estate■ Recent Trends and Developments in Eminent Domain■ Understanding Government Land Patents■ Conservations Easements – Lessons Learned and What’s Ahead■ The Seven Deadly Sins of Boilerplate■ Rooftop Leases: Are Those Things Overhead Storm Clouds, or Do They Have Silver Linings?■ The Icarus Solar Project: Public (and Private) Land Issue Impacts■ Legal Ethics in the Movies: Real Estate Attorneys and Popular Culture■ Featuring “The 10-Minute Drill: A Fast Paced Informative Presentation of Hot Topics!

… and an optional lunch presentation on: Internet Presence – What Does It Mean and HowCan It Drive Business into Your Firm?

Activities abound in Vail in the summertime, where you’ll find some ofthe best hiking, cycling and golf in the world.

Also enjoy the amenities at the Vail Marriott Mountain Spa & Resort, where you’ll take inmajestic views surrounded by the luxury, charm and elegance of a European Chateau –complete with rich wood accents, cozy rooms, heated pools, and a quaint spa. Discover forthe first time, or rediscover, why there’s no place like Vail.

SEE OLD FRIENDS … MAKE NEW CONNECTIONS … THIS IS ONE SYMPOSIUM YOU WON’T SOON FORGET.

It’s finally here … THE 29TH ANNUAL REAL ESTATE SYMPOSIUM!

THE 2011 SYMPOSIUMSPONSORS:Confirmed at the Time of Printing:

PLATINUM PROGRAM SPONSORS:

• The Real Estate Section of

the Colorado Bar Association

GOLD PROGRAM SPONSORS:

• Attorneys Title Guaranty Fund, Inc.

• Cordes & Company

• Fidelity National Title Insurance Co.

• LexisNexis

SILVER PROGRAM SPONSORS:

• 1031 Corporation Exchange

Professionals

• First American Title Insurance Co.

• Heritage Title Company /

Commonwealth Land Title

Insurance Company

• JAMS

• Marsh Affinity Group Services

• Stewart Title Guaranty Company

BRONZE PROGRAM SPONSORS:

• Bradford Publishing

• Chicago Title

• FindLaw

• Land Title Guarantee

Sponsorship opportunities are still available!For more information, please contact NicollStapleton at 303.824.5356 or email her [email protected]

THANK YOU to all of our sponsorsfor their continued support of theAnnual Real Estate Symposium!


SYMPOSIUM AGENDA • DAY 1 • THURSDAY, JULY 14, 2011

12:00 pm Registration Open

1:15 pm Opening RemarksDelivered by Thomas L. DeVine, Esq., Program Chair, Faegre & Benson LLP, Denver, CO

1:30 - 2:20 pm Colorado Limited Liability Entities: Qualities, Quirks & QueriesUnique Aspects of Colorado GPs, LLCs, LPs, LLPs, LLLPs and LPAs; FAQs; Open Issues and Perceived Problems in Title 7Presented by Beat Steiner, Esq., Holland & Hart, LLP, Denver, CO

2:20 - 3:10 pm 2011 Legislative UpdateDiscussion of new legislation affecting the practice of Colorado real estate lawyers and updates on other legislative topics, including:

• Transfer Fees• Open Public Records vs. Personal Privacy Requirements• Mechanics’ Liens, Foreclosures and Debt Collection

Presented by Randall G. Alt, Esq., Ryley Carlock & Applewhite, PC, Denver, CO

3:10 - 3:30 pm Networking Break

3:30 - 4:45 pm The 10-Minute Drill – An Accelerated Review of Some Land Mines and New Developments in Your Clients’ PathModerated by Marcus Painter, Esq., Holland & Hart, LLP, Denver, CO

• To Serve or Not to Serve – Limited Service Brokerage and Sale Lease Back TransactionsPresented by Kristen Bronson, Esq., Rothgerber Johnson & Lyons, LLP, and Colorado Real Estate Commission, Denver, CO

• Whose Lien is First – Super Liens of Colorado HOAs or Liens of First Mortgagees?Presented by Jerry Orten, Esq., Orten, Cavanagh, Richmond & Holmes, LLC, Denver, CO

• Limited and Springing Recourse Guarantees – Beyond Blue Hills and Other TrapsPresented by Christopher W. Payne, Esq., Ballard Spahr, LLP, Denver, CO

• New and Improved 2012 CREC FormsPresented by Kent Levine, Esq., Kent Jay Levine, PC, Englewood, CO, and Colorado Real Estate Commission Forms Committee, Denver, CO

• Lease Underwriting in an Uncertain Economy – How to Protect Yourself Against a Deadbeat Tenant or a Failing LandlordPresented by Catherine A. Hance, Esq., Davis, Graham & Stubbs, LLP, Denver, CO

• Involuntary Springing LLCs and Other Traps for Unwary Developers in Construction Defect ClaimsPresented by Brad Peterson, Esq., Hutchinson Black and Cook, LLC, Boulder, CO

• GHG, BAT, EPA and other TLAs – How Painful Will EPA’s Commercial Building Regulation of Greenhouse Gases Get?Presented by Marcus Painter, Esq., Holland & Hart, LLP, Denver, CO

4:45 pm Adjourn

4:45 - 6:30 pm Annual Wine Tasting Reception

7:30 am Registration Open

7:30 am Continental Breakfast

8:20 - 9:20 am A Tour of Our Case Law for 2010 and 2011 to DateSee the latest interpretation of tricky parts of the statutory rule against perpetuities, and tackle some good questions:

• Arbitration Clauses – Why so Much Litigation? • Closing the Chapter on the Equitable Subrogation Cycle • Expanding Liability for Disbursers Under the Trust Fund Statute • Attorney Fee Provisions in Retainer Agreements

Presented by Frederick B. Skillern, Esq., Montgomery Little & Soran, PC, Greenwood Village, CO

9:20 - 10:10 am Not Our First Rodeo: Advanced Issues in Distressed Real Estate 2011• What is Really Going on in Real Estate Today?• Approaches to Commercial Loan Workouts That Work• Who the Lender is Makes a Difference• Really! Residential Workouts and Foreclosure Issues• The Why, How, and If of Receiver Sales

SYMPOSIUM AGENDA • DAY 2 • FRIDAY, JULY 15, 2011

continued on next page

9:20 - 10:10 am Not Our First Rodeo: Advanced Issues in Distressed Real Estate 2011continued • Current Bankruptcy Concerns; Section 363 Sales; Springing Bad Boy Guaranties; Bankruptcy/Receivership Interplay

• Foreclosure and CIOA Super Liens• Public Trustee Foreclosures 3.0 – New Issues, Legislation, and Practices• Deed-in-a-Drawer? Why Not?

Moderator: Robert L. Brown, Esq., Sherman & Howard, LLC, Denver, COAlso Featuring: Mark L. Fulford, Esq., Sherman & Howard, LLC, Denver, CO

Richard H. Krohn, Esq., Dufford, Waldeck, Milburg & Krohn, LLP, Grand Junction, COAndrew S. Miller,Managing Principal, Miller Frishman Group, Denver, COMary Lou Raders, Esq., Kutak Rock, LLP, Denver, CODeanne Stodden, Esq., Castle & Stawiarski, LLC, Denver, CO

10:10 - 10:30 am Networking Break

10:30 - 11:20 am Not Our First Rodeo: Advanced Issues in Distressed Real Estate 2011 continued

11:20 - 11:50 am Eminent Domain Update – Recent Trends and Developments• Exercising Eminent Domain Powers in a Post-Kelo World• How Economic Pressures Have Impacted Eminent Domain Powe• Legislative and Case Law Developments

Presented by Leslie A. Fields, Esq., Faegre & Benson, LLP, Denver, CO

11:50 - 1:30 pm Lunch on your Own OR…

12:05 - 12:50 pm Lunch and Networking with Colleagues PLUS a Bonus Presentation:Internet Presence –What Does It Mean and How Can It Drive Business into Your Firm? No CLE credit is offered for this session.• Look, Feel and Convert – How Your Site Should be Set Up to Work for Your Firm• Search Engine Marketing –What is It and How Will It Generate Cases Inquiries? • Organic• Pay-Per-Click • Feeding Frequency into Your Social Networks – Social Media is Here: How Can You Employ It to Generate Contact • Blogging • LinkedIn and Facebook

Presented by Amber Vincent, Online Strategy Manager, Alyn-Weiss & Associates, Inc., Lakewood, CO, and Jason Brigham, Vice President of Sales and Operations, Best Rank, Inc., San Diego, CA

12:50 - 1:30 pm Break

1:30 - 2:20 pm Understanding Government Land Patents• Sovereign grants, bounties, preemption sales and settlement rewards• What do the title insurers insure? What can you do about it?• Should you bother to get copies, and if so, where?• And, of course, some history

Presented by Willis V. Carpenter, Esq., Carpenter & Klatskin, PC, Denver, CO

2:20 - 3:10 pm Conservation Easements – Lessons Learned and What’s Ahead Conservation Easements remain the preeminent tool for preserving Colorado's very special places and parcels. Although the easement donation began with pure green intention, they have become a prime target for federal and state challenge. Through many audits, donors have learned valuable lessons. • Preserving habitat and the donor's income tax deductions and state tax credit• "Qualified Appraisal" requirements• Case Study – The Conservation Easement Case- Federal Tax Court Trial- Colorado Administrative Hearing (Colorado Department of Revenue)

• Defensive Drafting of the Conservation Easement Deed- Retained Rights and Building Envelopes- Perpetuity Requirement- Mineral Interests

Presented by James Walker, Esq., Justin Cumming, Esq., and Nicole R. Nies, Esq., Rothgerber, Johnson & Lyons, LLP, Denver, CO

SYMPOSIUM AGENDA • DAY 2 • FRIDAY, JULY 15, 2011 continued

OPTIONAL:Special

Presentationwith Box Lunch($15 for box lunch)

3:10 - 3:30 pm Networking Break

3:30 - 4:20 pm The Seven Deadly Sins of BoilerplateLearn about some of the dangers that may be lurking in the boilerplate that is all too often pasted in at the last minute:

• Clients might be on the hook for a big bundle and never know about it• One commonly used contract phrase can destroy a lot of carefully drafted protection• If one phrase is missing, a client might have to pay full price and get nothing in return

Presented by D. Hull Youngblood, Jr., Esq., Youngblood & Associates, PC, Austin, TX

4:20 pm Adjourn

4:20 - 5:45 pm Annual Cocktail Reception

7:30 am Registration Open

7:30 am Continental Breakfast

8:30 - 9:20 am Rooftop Leases: Are Those Things Overhead Storm Clouds, or Do They Have Silver Linings?• Blue Skies and Silver (or Gold) Linings

- Effect on Property Values and NOI- Limited Maintenance- Limited Tenant Services

• Storm Clouds- Protecting the Roof over Your Head- Look out Below – There She Blows/Liability Issues- Roof Replacement/Repairs/Renovation

• Threatening Clouds on the Horizon- Interference and Co-Location- Relocation- Tenant Access- Building Office Tenant Needs for Roof Space- Lease Expiration/Termination/Perpetual- EMR and Other Hazards- Master Leases/Wireless & Energy Rooftop Management Firms- Location, Location, Location

Presented by James G. Benjamin, Esq., Benjamin, Bain, Howard & Cohen, LLC, Greenwood Village, CO

9:20 - 10:10 am The Icarus Solar Project: Public (and Private) Land Issue ImpactsDealing with NEPA, Wildlife Concerns, Cultural and Tribal Resources and Permits and Entitlements for Projects Involving Public LandsPresented by Barbara J. Mueller, Esq., Davis Graham & Stubbs, LLP, Denver, CO, former Deputy Solicitor for Energy and Mineral Resources, U.S. Department of the Interior, and Constance L. Rogers, Esq., Davis Graham & Stubbs, LLP, Denver, CO

10:10 - 10:30 am Networking Break

10:30 - 12:20 pm Legal Ethics in the Movies: Real Estate Attorneys and Popular CultureThe presentation will explore legal ethics issues common in the practice of real estate attorneys as well as their depiction in popular culture.Presented by Eli Wald, Esq., Charles W. Delaney Jr. Associate Professor of Law, University of Denver Sturm College of Law, Denver, CO

12:20 pm Adjourn

1:00 pm Annual Golf Outing at the Vail Golf Club Sign up on the registration form or online

SYMPOSIUM AGENDA • DAY 2 • FRIDAY, JULY 15, 2011 continued

SYMPOSIUM AGENDA • DAY 3 • SATURDAY, JULY 16, 2011

REGISTER FOR THE REAL ESTATE SYMPOSIUM ONLINE! Go to www.realestatesymposium.org

PROGRAM CHAIRThomas L. DeVine, Esq.Faegre & Benson, LLPDenver, CO

FACULTY

Randall G. Alt, Esq.Ryley Carlock & Applewhite, PCDenver, CO

James G. Benjamin, Esq.Benjamin, Bain, Howard & Cohen, LLCGreenwood Village, CO

Jason BrighamVice President of Sales and OperationsBest Rank, Inc.San Diego, CA

Kristin Bronson, Esq.Rothgerber, Johnson & Lyons, LLPDenver, CO

Robert L. Brown, Esq.Sherman & Howard, LLCDenver, CO

Willis V. Carpenter, Esq.Carpenter & Klatskin, PCDenver, CO

Justin Cumming, Esq.Rothgerber, Johnson & Lyons, LLPDenver, CO

Leslie A. Fields, Esq.Faegre & Benson, LLPDenver, CO

Mark L. Fulford, Esq.Sherman & Howard, LLCDenver, CO

Catherine A. Hance, Esq.Davis Graham & Stubbs, LLPDenver, CO

Richard H. Krohn, Esq.Dufford Waldeck Milburn & Krohn, LLPGrand Junction, CO

Kent Jay Levine, Esq.Kent Jay Levine, PCEnglewood, CO

Andrew S. MillerManaging PrincipalMiller Frishman GroupDenver, CO

Barbara J. Mueller, Esq.Davis Graham & Stubbs, LLPDenver, CO

Nicole R. Nies, Esq.Rothgerber, Johnson & Lyons, LLPDenver, CO

Jerry Orten, Esq.Orten, Cavanagh, Richmond &Holmes, LLCDenver, CO

Marcus Painter, Esq.Holland & Hart, LLPBoulder, CO

Christopher W. Payne, Esq.Ballard Spahr, LLPDenver, CO

Brad Peterson, Esq.Hutchinson, Black and Cook, LLCBoulder, CO

Mary Lou Raders, Esq.Kutak Rock, LLPDenver, CO

Constance L. Rogers, Esq.Davis Graham & Stubbs, LLPDenver, CO

Frederick B. Skillern, Esq.Montgomery Little & Soran, PCGreenwood Village, CO

Beat U. Steiner, Esq.Holland & Hart, LLPBoulder, CO

Deanne Stodden, Esq.Castle Stawiarski, LLPDenver, CO

Eli Wald, Esq.Charles W. Delaney Jr. AssociateProfessor of LawUniversity of Denver Sturm College of LawDenver, CO

Amber VincentOnline Strategy ManagerAlyn Weiss & Associates, Inc.Lakewood, CO

D. Hull Youngblood, Jr., Esq.Youngblood & Associates, PCAustin, TX

James Walker, Esq.Rothgerber, Johnson & Lyons, LLPDenver, CO

29TH ANNUAL REAL ESTATE SYMPOSIUM FACULTY

TO REGISTER:You may register for the symposium online atwww.realestatesymposium.org, or return the attachedform with check or credit card information. Register byphone or fax with Visa, MasterCard, or Amex. Phone: (303)860-0608. Toll Free (888) 860-2531.

CANCELLATIONS: If you are unable to attend, please notifyCBA-CLE by July 6, 2011 and we will gladly refund yourtuition in full or transfer your tuition to the CD home study.Cancellations after July 6th will be refunded less a $50cancellation fee.

CREDITS: Submitted for 15 general credits, including 2.2ethics credits, to the Colorado Supreme Court Board ofContinuing Legal and Judicial Education.

REAL ESTATE CREDITS: Submitted for 15 hours of credit forreal estate continuing education requirements under CRS §12-61-110.5(3).

SPECIAL NEEDS: If you need information regardingavailability of special facilities please call (303) 860-0608

TAX DEDUCTION:An income tax deduction may be allowedfor educational expenses, including registration, travel, meals,and lodging, if they improve or maintain professional skills inaccordance with the limitations and requirements of theInternal Revenue Code of 1986.

ADDITIONAL INFORMATION

DATES: JULY 14-16, 2011REAL ESTATE SYMPOSIUM HEADQUARTERS:Vail Marriott Mountain Resort & Spa715 West Lionshead CircleVail, CO 81657

Cut-off for room reservations is July 1, 2011.Rooms will sell-out fast! MAKE YOURRESERVATION EARLY!

CLE has reserved a block of rooms for guests of the Symposium at the Vail MarriottMountain Resort & Spa. Standard room rates start at $159 plus applicable taxes.

When making your reservation, in order to receive the group room rate, please indicatethat you are a guest of the Colorado Bar Association Real Estate Symposium.Reservations will be accepted by phone at 800-266-9432.

A deposit equal to one night of lodging plus tax is due at time of booking. The balance is due atcheck-in. Cancellations made after July 1, 2011 will forfeit the deposit of one night room and tax.No-shows will be charged one night’s room and tax and will be cancelled for all remainingreserved nights. Early departures will forfeit one night’s room and tax charges.

SYMPOSIUM LODGING INFORMATION

29TH ANNUAL REAL ESTATE SYMPOSIUM - 4 EASY WAYS TO REGISTER ...

Register by PHONE...when using VISA, MasterCard or Amex.(303) 860-0608 • Toll-Free: (888) 860-2531

Or FAX form to...when using VISA, MasterCard or Amex.FAX to: (303) 860-0624

Or MAIL form to...CLE in Colorado, 1900 Grant St., Suite 300Denver, CO 80203-4303

Or Register ONLINE...when using VISA, MasterCard or Amex.Register @ www.realestatesymposium.org

FOR CLE USE ONLY:Check # Check # :: ____________________________________ Approval # Approval # :: ____________________________________

All registrations must include a check or charge card information. Mail to CLE, 1900Grant St., Suite 300, Denver, Colorado 80203-4303. You may register by phone or fax

when using Visa, MasterCard or Amex. Phone 303-860-0608 • Fax 303-860-0624

Name(s) ____________________________________________________________________________________

Attorney Reg. No. ______________________________________________________________________

Firm/Organization ____________________________________________

E-Mail Address ______________________________________________________________

Street Address ______________________________________________________

City / State / Zip ______________________________________________

Telephone ( ) ________________________________________

Fax ( ) ______________________________________________________

PAYMENT METHOD:

❏ Enclosed is my check made payable to CBA-CLE

❏ VISA ❏ MasterCard ❏ Amex

Credit Card # ________________________________________________

Exp. Date ____________________________________________________________

Signature ____________________________________________________________________________________________________Required for credit card orders

CLE has reserved a block of rooms for guests of the Symposium at the Vail Marriott Mountain Resort & Spa. Standard room rates start at

$159 plus applicable taxes. Make your reservation online @

https://resweb.passkey.com/go/realestatesympRegister early! Cut-off for room reservations is July 1, 2011

$$$$

$

10.00NOTE: Shipping & handling only applies

to orders you receive via mail.

SYMPOSIUM GUEST ORDER FORM

HOMESTUDY ORDER FORM

LIVE PROGRAM ONLY: JUNE 14-16, 2011 (RE071412L)

Tuition Enclosed For: Materials on FLASH DRIVE Paper Materials

CBA Real Estate Section Member .......................................... ❏ $359 ........................ ❏ $409CBA Member ................................................................................ ❏ $379 ........................ ❏ $429Non-Member ................................................................................ ❏ $409 ........................ ❏ $459

ADDITIONAL EVENTS: Please check those events you plan to attend • Optional Attendee Luncheon (for attendees only - Please add $15 to your tuition)

❏ Yes, I will attend the optional luncheon........................................................ $15 ❏ No, I will not attend the optional luncheon

❏ Thursday - Wine Reception (no charge for registered attendees)❏ Friday - Cocktail Reception (no charge for registered attendees)❏ Saturday - Annual Golf Outing (Please add $75 to your tuition) ................ $75

LIVE PROGRAM ORDER FORM SUB TOTAL $

Guests of the Symposium may purchase a “Symposium Guest Pass,” which will allow participants to partakein the Friday & Saturday breakfasts, the Thursday Wine Tasting, and the Friday Reception. Children’s passes(ages 10-17) for Friday and Saturday breakfasts are also available. Sorry, partial passes are not available.

Guest Passes will be available for pick-up at the Symposium registration desk.

❏ Symposium Guest Pass: $50 per guest x no. of guests: _________

Guest Name: _______________________________________________________

Guest Name: _______________________________________________________

❏ Symposium Children’s Pass: (ages 10-17): $25 per child x no. of children: _________

Child’s Name: _______________________________________________________

Child’s Name: _______________________________________________________

GUEST ORDER FORM SUB TOTAL $

To receive full CLE credit, you must purchase both the course materials AND the recorded seminar. Seminar recordings are offered on CD or MP3 format.

COURSE MATERIALS ONLY: (RE071412C)

❏ CBA Member: $129 ❏ Non-Member: $159

COURSE MATERIALS AND RECORDED SEMINAR:❏ CBA Member: $429 ❏ Non-Member: $459

❏ Recorded Program on CD-ROM and Paper Course Materials (RE071412D)

❏ Online Recorded Program and Downloadable Course Materials Available online only – instructions will be e-mailed to you after registration

Preferred format: ❏ Video-On-Demand (RE071412N) ❏ MP3 (RE071412J)

TOTAL AMOUNT ENCLOSED $Please add all the subtotals from above and enter total amount here

Symposium tuition includes course materials, admission to the entire program, admission to theWine Tasting on Thursday, July 14, and the reception on Friday, July 15. An additional discount

will be offered to attendees who elect to receive their materials digitally on FLASH DRIVE.

LIVE PROGRAM ORDER FORM

Price

Shipping & Handling

Subtotal

Applicable Sales Tax (7.72% Denver, 4.1% RTD and 2.9% rest of Colo.)

HOMESTUDY SUB TOTAL

ONLINE HOTEL RESERVATION INFORMATION

Nonprofit Org.

U.S. Postage Paid

Permit No. 1638

Denver, CO1900 Grant Street, Suite 300, Denver, Colorado 80203-4303

REGISTER ONLINE! Go to www.realestatesymposium.orgLLII

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29TH ANNUAL

REAL ESTATE SYMPOSIUMSponsored by the Real Estate Section of the Colorado Bar Association

29TH ANNUAL

REAL ESTATESYMPOSIUMSponsored by the Real Estate Section of the

Colorado Bar Association

LIVE ONLY: JULY 14-16, 2011AT THE VAIL MARRIOTT MOUNTAIN RESORT & SPA • VAIL, CO

The Symposium will be submitted for 15 General Credits, including 2.2 Ethics Credits,to the Colorado Supreme Court Board for Continuing Legal & Judicial Education.

Real Estate Credits: The Symposium will be submitted for 15 hours of credit for real estate continuing education requirements under CRS § 12-61-110.5(3).

LIVE ONLY:JULY 14-16, 2011AT THE VAIL MARRIOTT MOUNTAIN RESORT & SPA


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register online! go to · live only:july 14-16, 2011 at the vail marriott mountain resort &...

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