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Home My WebLink About20121382.tiff BOARD OF ASSESSMENT APPEALS STATE OF COLORADO NOTICE OF HEARING SCHEDULE NO. R678546 DOCKET NO. 60620 Petitioner(s): Tax Year(s): 09-10 MILE HIGH BANKS V. Respondent: WELD COUNTY BOARD OF COMMISSIONERS The Board of Assessment Appeals will hear the above-captioned matter: Date: January 18, 2013 Time: 8:30 AM Mountain Time on a trailing docket Location: 1313 Sherman Street Room 315, 3rd Floor Denver, CO 80203 Time Allocated: 1 hour(s) per side PLEASE TAKE NOTICE: The Board of Assessment Appeals uses a one-day modified trailing docket. Several cases are scheduled for hearing at 8:30 am each day. Cases are heard in the order determined by the Board, with the first case commencing at 8:30 am. At the completion of the first case on the docket,the Board hears the second case on the docket. The Board proceeds through the docket in this manner until all cases have been heard or until insufficient time remains to fully hear the remaining cases on the docket. Cases not heard will be continued to another day. You are required to appear for your hearing at 8:30 am on the date noted above and remain until your case is heard or continued, unless the Board removes your case from the trailing docket and schedules your case for a specific time later in the day. A list of cases removed from the trailing docket will be available at least one week prior to the hearing date. If your case is removed from the trailing docket, you are required to appear at the specific time scheduled by the Board. Please check the Hearing Schedule on the Board's web page(www.dola.state.co.us/baa/index.htm)or call (303) 866-5820 within one week prior to your hearing date to determine if your hearing has been scheduled for a specific time on the hearing date. If the Petitioner is a closely held entity as defined in CRS 13-1-127,the Petitioner must be represented by either an attorney licensed in Colorado or an officer of the entity. If the Petitioner is a domestic or foreign entity that is not closely held, as defined in CRS 7-90-102, an attorney licensed in Colorado must represent the entity in all legal proceedings before the Board. Pursuant to Board Rule 11, documentary evidence and witness lists must be received by the Board and the opposing party no later than January 4,2013. If this date falls on a State Holiday, the documentary evidence and witness lists are due the following working day. Petitioner's Representative of Record: Mailed: July 13, 2012 STEVENS&ASSOCIATES INC TODD J. STEVENS 9800 MT. PYRAMID COURT, SUITE 220 ENGLEWOOD, CO 80110 -7-a3-02a - ( 3$a RESOLUTION RE: APPROVE PETITION FOR ABATEMENT OR REFUND OF TAXES - MILE HIGH BANKS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, State of Colorado, at a duly and lawfully called regular meeting held on the 4th day of June, 2012, at which meeting there were present the following members: Chair Sean P. Conway, and Commissioners William F. Garcia, Barbara Kirkmeyer, and Douglas Rademacher, with Commissioner David E. Long being excused, and WHEREAS, notice of such meeting and an opportunity to be present has been given to the taxpayer and the Assessor of said County, with said Assessor, Christopher Woodruff, being present, and taxpayer, Mile High Banks, not being present, and WHEREAS, the Board of County Commissioners has carefully considered the attached petition, and is fully advised in relation thereto. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board concurs with the recommendation of the Assessor and the petition be and hereby is, approved, and an abatement or refund be allowed as follows: CORRECTION TO ASSESSED ABATEMENT TAX VALUATION OR REFUND YEAR $696,000.00 $19,011.00 2009 $696,000.00 $19,154.00 2010 S-Va - A5R, Pet u u_ a 2012-1382 AS00 81 TAX ABATEMENT PETITION - MILE HIGH BANKS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of June, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Sean P. Con , C air Weld County Clerk to the Board I� �► Wi 7m F Gar -Tem BY: .JLJ , ,ri. :,4 AA ..1. 4 'AS; Deputy Clef to the Board {!..� os.� rbara Kirkmeyer AP OV ORM: Or CUSED i%vid E. Long ty Attorney 6-3 Q wL J c, A—k Dougla[ 9/4Rademac er Date of signature: b -1c)-/ 2012-1382 AS00.81 . / /'1� 5 til PETITION FOR ABATt• �� v RSCES Weld �UP1 G//- 057 County: 2012 JUL —b aQl,2: ates2ecped _— J� n �+secAssesSor/'s or Comtmsst Date Stamp) Section I: Petitioner,please complete Section I onR E C E I V�C E I V EAECEIVED Date: December 30, 2011 Month Day Year q y9 Petitioner's Name: Mile High Banks _ DEC 2 2 2011 Petitioner's Mailing Address: 1726 Hover St COUNTY Longmont Co 80501 WELD GREELEY, COLORADO ASSESSOR City or Town Slate Zip Code SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDESS OR LEGAL.DESCRIPTION OF PROPERTY 095921272008/R6778547 3050 67th Ave Petitioner states that the taxes assessed against the above property for property tax year(s) 2009 and 2010 are incorrect for the following reasons:(Briefly describe the circumstances surrounding the incorrect value or tax. Attach additional sheets if necessary.) 0 Cfl_ N �C L -40 C rrrn Petitioner's estimate of value: S 2,400,000 ( 2009 ) S 2,400,000 ( 2010 ) N �-0 CID Value Year �-O EnPetitioner requests an abatement or refund of the appropriate taxes. Z co7p .Z7� I declare,under penalty of perjury in the second degree,that this petition.together with any accompanying exhibits D or statements,has been prepared or examined by me,and to the best of my knowledge,information and belief,is true,correct,and-- C7.7.71 complete. 0 OJC Daytime Phone Number( ) t,t 41, r- -Pert( 's S' a re ILL By /''--/7-19r-r; Daytime Phone Number( 303) 347-1878 V Age s Slpfiamre' /�� J/ `Letter of agency must Ile attae $f when petition is submitted by an agent. If the board of county commissioners,pursuant to section 39-10-114(1),or the properly tax administrator,pursuant to section 39-2-1 lb,denies the petition for refund or abbtement of taxes in whole or in pan.the petitioner may appeal to the board of assessment appeals pursuant to the provisions of section 39-2,125 within thirty days of the entry of any such decision 30-10-114 9(1),C RS. Section It: Assessor's Recommendation (For Assessor's Use Only) 'f Tax year /26t/? Tax year :ABC/C Actual Assessed Tax Actual Assessed Tax original 3070/8/3 9//tacc. _ 7/X9 Original &4ieSti3 lift&r' 723io Correced o7(/fe(at'o 6,yEao S,27s , Corrected (,7/(onerw 644.ttt' 53154- Abate/Refund 0i Okt;r1 1 tI3 d5 fir// Abate/Refund p lt1{c((3 . -.9.&C 11134 IFrAssessor recommends approval as outlined above. No protest was filed for the year(S): ay,9/a) (1r a protest was filed, se attach a copy or the NOD.) H Assessor recommends denial for the following reason(s): / 211(4' t_ _/� j�, Assessor's or Deputy Ass sor s Signature 1J 2012-1382 _ilr FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY (Section III or Section IV must be completed) Every petition for abatement or refund filed pursuant to§39-10-114,C.R.S.shall be acted upon pursuant to the provisions of this section by the Board of County Commissioners or the Assessor,as appropriate,within six months of the date of filing such petition,§39-1-113(13),C.R.S. Section III: Written Mutual Agreement of Assessor and Petitioner (Only for abatements up to$10,000) The Commissioners of County authorize the Assessor by Resolution No. to review petitions for abatement or refund and to settle by written mutual agreement any such petition for abatement or refund in an amount of$10,000 or less per tract,parcel,or lot of land or per schedule of personal property,in accordance with§39-1-113(1.5),C.R.S. The Assessor and Petitioner mutually agree to the values and tax abatement/refund of: Tax Year Actual Assessed Tax Original Corrected Abate/Refund Note:The total tax amount does not include accrued interest,penalties,and fees associated with late and/or delinquent tax payments,if applicable.Please contact the County Treasurer for full payment information. Petitioner's Signature Date Assessor's or Deputy Assessor's Signature Date Section IV: Decision of the County Commissioners (Must be completed if Section III does not apply) WHEREAS,the County Commissioners of County,State of orado,at a duly and lawfully called regular meeting held on / / ,at which meeting there a present the following members: Month Day Year with notice of such meeting and an opportunity to be presen ving been given to the Petitioner and the Assessor of said County and Assessor (being present—not present)and Petitioner (being present—not present),and WHEREAS,the said Name County Commissioners have carefully consi ed the within petition,and are fully advised in relation thereto, NOW BE IT RESOLVED that the Board( rees--does not agree)with the recommendation of the Assessor, and that the petition be(approved--a roved in part--denied)with an abatement/refund at11e'� `t/l�fu- as follows Year Assessed Value Taxes Abate/Refund l \ V r 1 1 i i ! Y� Cha�f the Board of County Comm ssloners'Signature County Clerk and Ex-Officio Clerk of the Board of County Commissioners in and for the afor entioned county,do hereby certify that the above and foregoing order is truly copied from the record of the pr eedings of the Board of County Commissioners. IN WITNES WHEREOF,I have hereunto set my hand and affixed the seal of said County this day of Month Year County Clerk's or Deputy County Clerk's Signature e:Abatements greater than$10,000 per schedule,per year,must be submitted in duplicate to the Property Tax Administrator for review. Section V: Action of the Property Tax Administrator (For all abatements greater than$10,000) --action o •e Board of County Commissioners,relative to this petition,is hereby -❑Ap.. • ❑Approved in part$ ,,.❑Deni:[.f r the following reason(s): JJ. l8' Secretary's Signatur r.perty Tax Administrator at e oat 15-DP-AR No.920-66/11 0© Stevens & Associates R © Specialists in: Property Tax Reductions Utility Bill Auditing December 30, 2010 Weld County Assessor's Office 1400 N. 17th Ave. Greeley, Co. 80631 ABATEMENTS To whom it may concern, Enclosed you will find the following Abatement Petitions for filing to the Weld County Board of Equalization: Mile High Banks 3050 67th Ave. Schedule Number: 095921272008 Mile High Banks 305(65'h Ave. Schedule Number: 095921272007 Sincerely, Todd J. Stevens President Enclosure Stevens &Associates Cost Reduction Specialists, Inc. 9800 Mt. Pyramid Court, Suite 220, Englewood, Colorado 80112 (303) 347-1878 •fax (303) 347-9242 Property Tax Consultant-Agency Agreement Owner Address:8400 East Crescent Parkway,Suite 100,Greenwood Village,CO 80111 Property Address/Legal Description/Schedule#:See Attached exhibit A Consultant/Agent:Stevens&Associates Cost Reduction Specialists, Inc. I/We Mlle High Banks,subsidiaries,parent companies and all affiliated companies agree with Stevens&Associates Cost Reduction Specialists, Inc.that for the property tax assessment years 2010,2011 and prior years,In Colorado as the property referred to above,that Stevens&Associates Cost Reduction Specialists,Inc Is hereby engaged and authorized to act as agent and consultant before either the Board of review as well as the State Tax Review Board or for any hearing pertinent to the property for the properly tax assessment years 2010,2011 and prior years. Please direct all correspondence and refunds to Stevens&Associates Cost Reduction Specialists,Inc. The undersigned further authorizes Stevens&Associates Cost Reduction Specialists,Inc.as agent of the undersigned,in the name of the undersigned,to execute and cause to be flied on behalf of the undersigned,in the name of the undersigned,any and all documents relating to an appeal of the said assessments,for the assessment years in question and prior years,before either the Board of review as well as the State Tax Review Board or any hearings pertinent to the property. Thus done and executed on this //iF day of February 2010. Agreed: �� Please Sign mec!/a.By: ar// 5Ze✓psfr.. Please Print Name ATitle: s.s7 n/ /4Ce DIPJfaiM> STATE OF CO LA I2-AO The foregoing insfnyment was acknowledged before me} This itday of FEPNJ AM19, 20l o Please Direct all correspondence/refunds to: By: Ditriti .- SK011-GCPSIU. .. Stevens&Associates/Inc. Please Print Contract Signers Name 640 Plaza Dr.,Suite 290 Witness my hand and official seal. Littleton,Colorado 80129 #,ttsto qy""eh. i42. S 2Q�.,.....''' my commission expires: Notary Pudic Notary Signature - Cgliati Ily*Sa&4 ,gvpr �''r . ...gyp �r` , Exhibit A Mile High Banks 893 Kuner Rd Adams County Parcel/Account# 0157112410004/R0008852 Mile High Banks 713313 CR Weld County Parcel/Account# 131325425002/R2806104 Mile High Banks 7340 S.Clinton St Arapahoe County Parcel# 2075-27-4-13-007 Mile High Bank 2323 S Troy St Arapahoe County Parcel/Account# - 1973-25-3-11-003/1233224 Mile High Banks 3055 sr Ave Weld County Parcel/Account# 095921255008/R3485505 Mile HO Banks 3050 67w Ave Weld County Parcel/Account# 095921255009/R3485605 Mile High Banks 2939 65 Ave Weld County Parcel/Account# 095921255007/R3485405 Mile High Bank§ 180 E Hampden Ave Arapahoe County Parcel# 2077-03-1-06-012 Mile High,panks 8140E5 Ave Denver County Parcel# 0609201183000 And all other Properties designated by Mile High Banks LIMITED SUMMARY CONSULTING ASSIGNMENT OF Mile High Banks Shopping Center 3050 67th Avenue Greeley, Colorado PREPARED BY Stevens & Associates/Inc. DATE OF VALUE JANUARY 1, 2009 & 2010 BASE PERIOD ENDING JUNE 30, 2008 DATE OF REPORT November 7, 2011 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS Property Location: 3050 E 67th Ave Greeley, Colorado Parcel #: 095921272008 Schedule #: R6778547 Land Size: 13,780 Square Feet or 0.316 acres Improvement Size: 20,486 Gross Square Feet YOC 2005 Highest And Best Use: For ad valorem tax purposes in Colorado the highest and best use of the subject is its current use. Cost Approach N/A Sales Comparison Approach N/A Income Approach $2,484,525 Reconciliation $2,400,000 Date of Value: January 1, 2009 & 2010 INCOME PROFORMA GROSS SQUARE FEET 20,486 NET RENTABLE AREA 20,486 ANNUAL NET REVENUE RENTABLE AREA $14.00 $286,804 CAM $6 00 $122,916 $409,720 VACANCY ALLOWANCE(OF ANNUAL GROSS) 10% $40,972 ANNUAL EFFECTIVE GROSS REVENUE $368,748 MANAGEMENT FEE(OF EFFECTIVE GROSS) 5% $18,437 TOTAL $350,311 CAM LESS PROPERTY TAX $49,479 OPERATING, MAINTENANCE, & RESERVES 10% $35,031 ANNUAL NET INCOME $265,801 TOTAL CAPITALIZATION RATE CAPITALIZED VALUE OF PROPERTY $2,484,525 INCOME APPROACH o"7 rk LEASE COMPS (qv Cotit LEASE NUMBER LEASE #1 LEASE #2 PROP TYPE RETAIL RETAIL ADDRESS 5415 4743 W 11th St W 29th St LEASE DATE Oct-05 Aug-06 RENT $11.50 $16.50 BASIS NNN NNN LEASED SF 1,499 4,152 RENTABLE SF 6,380 325,014 ;3$' COST APPROACH GRAND TOTAL 2009 & 2010 VALUE TOTAL LAND VALUE 6,664 $16.75 $111,624 TOTAL Restaurant $861,197 TOTAL $972,821 EXTERNAL OBSOLESCENCE 30% $258,359 PHYSICAL OBSOLSCENCE 0% $0 TOTAL OBSOLSCENCE $258,359 GRAND TOTAL $714,462 CLERK TO THE BOARD PHONE: (970) 336-7215, EXT. 4226 1 8 6 I - 2 0 1 1 FAX: (970) 352-0242 1150 O STREET I P.O. BOX 758 GREELEY, COLORADO 80632 i WELD -COUNTY May 2, 2012 MILE HIGH BANKS 1726 HOVER ST LONGMONT CO 80501 RE: SCHEDULE NUMBER R6778547 Dear Property Owner: This is to advise you that the Weld County Board of Commissioners will hear your petition for abatement or refund of taxes on the property described as: 3050 67th Avenue. The meeting is scheduled for June 4, 2012, at 9:00 a.m., in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631. The Assessor is recommending that the Board approve your petition. You are not required to be present at this hearing; however, this is your opportunity to have your position heard, especially if your position is opposed to the Assessor's recommendation. If you intend to submit any documentation in support of your position for this hearing, all such documentation must be submitted to the Office of the Clerk to the Board and to the Weld County Assessor's Office at least seven calendar days prior to the meeting date in order for it to be considered at the scheduled hearing. If you have any questions concerning this matter, please do not hesitate to contact me at (970) 336-7215, Extension 4226. Sincerely, jeTh;t1 L\ A,t)iLL 7\ Tonya Disney Deputy Clerk to the Board cc: Assessor Stevens & Associates Cost Reduction Specialists, Inc 9800 Mt Pyramid Ct, Ste 220 Englewood CO 80112 Hello