HomeMy WebLinkAbout20122040.tiff PETITION TO STATE BOARD OF ASSESSMENT APPEALS For Office Use Only
1313 Sherman Street, Room 315 Phone: (303) 866-588O
Denver, Colorado 80203 Fax: (303) 866-4485 Docket No.
Fee: Y N
Check/Credit Card#
Date: August 30, 2012 P H
Property Owner: Windsor Renewal I LLC RECEIVED
Subject Property: 9952 Eastman Park Dr. Windsor
Street Address City Sip _.. 4 2(12
Schedule Number(s): R6780583
Attach separate sheet if necessary WELD COUNTY
COMMISSIONERS
Pp Weld Board of Equalization
Appeals the decision of the ['Board of Commissioners Dated: 8/2/2012
County El State Property Tax Administrator
This Appeal concerns: ®Valuation ❑Refund/Abatement ❑Exemption ❑State Assessed Tax Year: 2012
The subject property is currently classified as:
❑Agricultural ❑Commercial ❑Exempt $!Industrial ❑Mixed Use ❑Natural Resources
o Oil &Gas DPersonal 'Possessory O Producing ❑Residential ❑State Assessed
❑Vacant Land Interest Mines
Actual Value assigned to subject property: $6,094,472 Petitioner's estimate of value: $2,300,000
Estimated time for Petitioner to present the appeal: minutes or 4 hours.
Not less than 30 minutes. Board will allow equal time to County or Property Tax Administrator.
Appearance:
O Petitioner will be present at the hearing °Petitioner will appear by telephone
0 Petitioner will be represented by an agent Petitioner is responsible for calling the Board at 303-866-5880
O Petitioner will be represented by an attorney on the scheduled date and time of hearing(Mountain Time Zone)
D Petitioner would like to appear by video conference
petitioner must contact the Board at 303-866-5880 at least 20 days in advance
of the scheduled hearing to confirm availability of video conference equipment
if the property owner is an entity,it must appear under the representation of an attorney licensed in Colorado except as follows. A closely held entity may be
represented by an officer of the entity as long as the amount in controversy does not exceed$10,000,exclusive of costs,Interest or statutory penalties.
A closely held entity can have no more than three owners. See Section 13-1-127,C.R.S. A closely held entity that will be represented by an officer of the
entity must provide a letter to the Board with this petklon stating that it has no more than three owners and that the tax amount at issue does not
exceed$10,000.A trust need not be represented by an attorney as it is not considered to be an entity.
Filing Fee:
g None Petitioner is appearing pro se (self-represented)and has not filed more than two Petitions with the Board
of Assessment Appeals during this fiscal year(July 1 —June 30).
❑ $ 33.75 Petitioner is appearing pro se (self-represented)and has filed more than two Petitions with the Board of
Assessment Appeals during this fiscal year(July 1 June 30).
kr $101.25 Petitioner will be represented by an agent or by an attorney.
In the space below, please explain why you disagree with the value assigned to the subject property
The petitioner acquired the property for $2,300,000.
LOYYTOLUNAeAs., L`N et ,-)SR, (4 d2D/ 2-, oqo
(.4 - io to 9-it) -/ D /-4S(x?7)
Required attachments to this form:
o Assessor's or Property Tax Administrator's Notice of Valuation or Notice of Denial
O Decision of County Board of Equalization, County Board of Commissioners or Property Tax Administrator
Attachments required under certain circumstances:
E A notarized Letter of Authorization if an agent will be representing Petitioner
o A list of names, last known addresses and telephone numbers of co-owners or parties directly interested in the subject
property if applicable.
Certificate of Service
I hereby certify that a true and correct copy of the foregoing Petition to the State Board of Assessment Appeals and
attachments were mailed,faxed or hand delivered to:
El Board of Equalization
Weld D Board of Commissioners
County a State Property Tax Administrator
at the following address: 1150 O Street, P.O. Box 758 Greeley, CO 80632
on August 30, 2012
Date
I hereby certify that a true and correct copy of the foregoing Petition to the State Board of Assessment Appeals and
attachments were mailed,faxed or hand delivered to all co-owners or parties directly interested in the subject property
on N/A
Date
I hereby certify that four(4) true and correct copies of the foregoing Petition to the State Board of Assessment Appeals
and attachments were mailed or hand delivered to the Board of Assessment Appeals at 1313 Sherman Street, Room
315, Denver, CO 80203 on August 30, 2012
Date
(One copy may be faxed to the Board but the original and two additional copies must be mailed or hand delivered.)
Petitioner's Mailing Address is Required Even if Petitioner is Represented by An Agent or Attorney (per C.R.S.
39-8-108
rt, ✓a. l F...
Signature of Agent CI or Attorney ❑ Signature of Petitioner
Mike Van Donselaar Windsor Renewal I LLC
Printed Name Printed Name
1200 17th Street, Suite 990 252 Clayton Street 4th Fir
Mailing Address Mailing Address
Denver, CO 80202 Denver, CO 80206
City, State,Zip Code City, State, Zip Code
Telephone:303-749-9034 Telephone:303-749-9003
Daytime number
E-Maii:michael.vandonselaar@duffandphelps.com E-Mail:
Attorney Reg. No.: It is the Petitioner's responsibility to notify the BAA of any
change of address.
Petitioners are strongly encouraged to read the Instructions and Rules of the Board of Assessment Appeals prior to
completing this Petition Form. The Instructions and Rules are available on the Web at www.dola.Colorado.gov/baa or
may be requested by phone at 303-866-5880.
•
Appointment of Aoencv for Property Tax Matters
Duff & Phelps LLC is authorized to represent the ownership of the properties shown on the attached
Exhibit A via the consent of Broe Real Estate Services, Inc., authorized agent of the entitles listed on
the attached Exhibit A, with regard to property tax matters in Colorado, Texas, Nebraska, California
and Illinois.
Any and all previous authorizations are hereby revoked (except for the authorization(s) of Marvin
Poer for appeals flied on or before 12/31/09). Marvin Poer authorization(s) pertaining to appeals filed
after January 1, 2010, are herby revoked. Duff & Phelps LLC Is authorized to act on our behalf In
obtaining and providing information, negotiating, sewing and assessing for all property matters
related to the property owned, possessed, or controlled as shown on Exhibit A for any appeals or
abatements filed after January 1, 2010. This agent is delegated full authority to handle all real and
personal property tax matters for assessments relative to assessments and to represent us, with the
assistance of legal counsel, if necessary, in the appeal process.
This appointment of agency remains in effect for tax years 2010,2011 and 2012 of until revoked in
writing by Broe Real Estate Services Inc. or Duff&Phelps LLC, excepted as provided above.
All correspondence should be directed to the following:
NAME: Paul Luber
Duff& Phelps LLC
ADDRESS: 95017th Street. Suite 2000
Denver, Colorado 80202
303-749-9016
Woe Real Estate Services Inc. ('BRES') is an authorized agent of the entities listed in Exhibit A. It
has signed this Appointment of Agency in its capacity as an authorized agent.
By: Broe Real Estate Services Inc. ('BRES9 ft
SIGNED: 001"--
NAME/TITLE: Mark Schultz. Executive Vice President/CFO
DATE EFFECTIVE: January 1. 2010
kyrctt salualSMtg+4 an
NOTARIZATION:
STATE OF COLORADO
)�
CITY AND COUNTY OF DENVER )
On this 2s"day of May,2010,in the City and County of Denver.State of Colorado,before me,the undersigned,a notary public In and for said
county and state,personally appeared Mark Schultz,to me known to be the identical person who signed the within end foregoing Appoinunent of
Agency for Property Tax Matters on behalf of Broe Reel Estate Services,Inc.as Its Executive Vie President/CFO,and acknowledged to me that
he executed the same as his eke and voluntary set and deed,and as the free and vohmtary eel and deed of said corporation,for the uses and
purposes therein set forth. (f iit'/lton-
/i,nl :Cip
N/ottaryy Public li 7btY �1
My connnduion expires: aau►16,2013 O A
•
•
Property • Address County ' Entity Authorking • Autlarbed Agent
iamb Dufw Phelps L C
•aim
anNyeMs
1700 headway 1700 Q w . 1700 Broadway Bros IS Estate
Broidwey • Investments LLC , Services inc. . -
Garage AdJacunt to Wills 1750 LMtoln Denrir 1700 Broadway • Bros Reel(slate
FargO Tower • rSt Inviatn$Ma Liz services inc.
Trinity Plate • Denver OREAoqulNdgns I Me Brae Rsal Estate
Midway . . Softness Inc.
• 252 alayton(SW& • 252 C iytsn Denver •7,32 Cliytbn •Bite Rill Site •
Parking Garada) • Assodat s tLC -Services Inc,
3d-iasek(btnce&Parking sO BteeM Denver Steele Street Hettlirgs • Weiritsfat Estate
SSG), LLE Simko Inc.
243 S Downing Street 2065 s Dower Potteries Aldrrntlst •Woe Real Estate
Downing St Healthcare • SnWkes;nc.
2535 s Downlni Street , 2535 5 ' Denver South Centre) - • Bros Real Eats
. Downing St •Frapsrleslnt. Servlasinc.
iB05-i$55 Atepf+Noe• •18054833 Denver *Park Partners LTD • Woe Ri i Estate
(SietNM236Hissing) Arapahos ServlcisInt.
• iitakitlikspeihd.(Retell) lititaas Denver S iyj irk•PatnletrLTo �arDitRedfesltite
Arapehee • lMlrloss N1a
CountryClsbTowsn it 1081E Denver Ogden Assoslahr LTD• sto*Real Estate
Gardens Bayaud Ave • Sendai!Inc. .
Cui*CkdtTowerst 12SOgden Denver Cai tiviChbcanton -Woe Reel Mite
Gardens Inv s tgenb,LP Serybes Inc.
User/Club Towers& 14 S Ogden Denver Cotmby.Gkb Girders• •Ilroe keel Utah,
Gardens • Inwstintiti,LP Sd ykesIP . •
. Country Club Towers& iS$ Denver Countrfr Club Widens Glee Real Istate
Gardens. Downing St Inanities.LR Unites
Ceding Club Gardens Mist 13 S •Dryer • Country Cub Gardens Brio Reel Estate
Imp. DgrwdngSt , • Investments,LP SEW*Inc.
• rCOitntry flub Garden's Mlle 89 S " Denver Cards Brat Rsal Rotate
Imp. • Downing St -Investent AP Serstees Iry
Ibrt Collins DhIrlbitlen •3620 • -Lorimer Great Western lard Broil Real Estate
FaeBRy Wekksr Aequbitlbn i,SEC Services Inc..
GreatWNgre industrial • 'Want Land Weld arcs Land Brae Real Bins •
Park Land.'froth nailed by Acquisition So tAC • Services kk
own"'at tlElit
0/11 d Mil". •
•
•
Property Address County Entity Authorising Authorized Agent ^
(Co Duff•Phelps LLC
Swain
Great Western Industrial Vacant Land Weld Bros Lind Broe Red Estate
Park Land Parcels owned by AcquWtions 11 I.LC Services Inc
owner at right
Gist Western Industrial Vacant Land Weld Brea Land Bros Real Estate •
Park Land Parcels owned by Atqulsi dons 15 LLC Services Inc.
oWrier at right
7720 5 Broadway— 71205 Arapehoe South Central Bros Real Estate
improvements Only Bigedway Propsitiss Vi Inc. Services Inc.
7720 S Broadway-Land 7720 S Arapahoe Arapahoe Medical lima Real Estate
Broadway Blinding lInc. Services Inc
•
Pinehind MedIW(Ake 5735 Dallas,TX Pineland MOB,LLC Bros RS Estats
Building Pinaland Dr Writes Inc, •
Terminal Bldg 105 5 Bch St Lancester, Roo•rweit*ridings Bice Real Estate
Parking NE Inc Services Inc
Garage
•
Terminal Bldg 9410 Street Lancaster, Romwelt Holdings - Bros Real Estate
Parking Lot NE Inc Serviartinc.
Terminal Bldg 9410 Street Lantalter, Roosevelt Holdings Bros Real Estate
NE Inc. Services Inc •
•
Gallo Bending 250 Brannon •San Statist Funding Ikon Real.Estate
Street Francisco, Corp Services Inc.
CA
Two Transom 2 Transom York TTAP,LLC Brae Real Leib
Plasrl Drive Township, Services Inc
Oakbrook . IL
Terrace
All Windsor Renewal I LLC All Windsor Weld WINDSOR Broe Real Estate
Properties Renewal RENEWAL I LLC Services Inc.
• ILLC
Properties •
CLERK TO THE BOARD
PHONE (970) 336-7215, EXT4226
FAX (97D) 352-0242
WEBSITE: www.co.weld.co.us
► —am 1150OSTREET
`� P.O. BOX 758
T Y GREELEY CO 80632
1>lt,___CO � N
August 2, 2012
WINDSOR RENEWAL I LLC
252 CLAYTON STREET 4TH FLOOR
DENVER, CO 80206
RE: THE BOARD OF EQUALIZATION 2012, WELD COUNTY, COLORADO
ADMINISTRATIVE DENIAL OF PETITIONER'S APPEAL AND AFFIRMATION OF
ASSESSOR'S VALUE
ACCOUNT NO.: R6780583
Dear Petitioner:
On July 31, 2012, the Board of County Commissioners of Weld County Colorado
convened and acting as the Board of Equalization, pursuant to C.R.S. Section 39-8-101 et seq.,
considered your request for an Administrative Denial of your petition for appeal of the Weld
County Assessor's valuation of your property described above, for the year 2012.
The Assessment and valuation is set as follows:
ACTUAL VALUE AS ACTUAL VALUE AS
DETERMINED BY ASSESSOR SET BY BOARD
$6,094,472.00 $6,094,472.00
A denial of a petition, in whole or in part, by the Board of Equalization must be appealed within
thirty (30) days of the date the denial is mailed to you. You must select only one of the
following three (3) options for appeal:
1. Appeal to Board of Assessment Appeals: You have the right to appeal the County
Board of Equalization's decision to the Colorado Board of Assessment Appeals. A hearing
before that Board will be the last time you may present testimony or exhibits or other evidence,
or call witnesses in support of your valuation. If the decision of the Board of Assessment
Appeals is further appealed to the Ccurt of Appeals pursuant to C.R.S. Section 39-8-108(2),
only the record of proceedings from your hearing before the Board of Assessment Appeals and
your legal brief are filed with the appellate court_
2012-2040
All appeals to the Board of Assessment Appeals filed after August 10, 2011, MUST
comply with the following provisions of C.R.S. Section 39-8-107(5):
(5)(a)(I) On and after August 10, 2011, in addition to any other requirements under law, any petitioner
appealing either a valuation of rent-producing commercial real property to the board of assessment
appeals pursuant to section 39-8-108(1) or a denial of an abatement of taxes pursuant to section 39-10-
114 shall provide to the county board of equalization a- to the board of county commissioners of the
county in the case of an abatement, and rot to the board of assessment appeals, the following
information, if applicable:
(A) Actual annual rental income for two full years including the base year for the relevant property tax
year;
(B)Tenant reimbursements for two full years including the base year for the relevant property tax year;
(C) Itemized expenses for two full years including the base year for the re:event property tax year; and
(0) Rent roll data, including the name of any tenants, the address, unit, or suite number of the subject
property, lease start and end dates, option terms, base rent, square footage leased, and vacant space for
two full years including the base year for the relevant property tax year.
(II) The petitioner shall provide the information required by subparagraph (I) of this paragraph (a) witnin
ninety days after the appeal has been filed with the board of assessment appeals
(b)(I) The assessor, the county board of equalization, or the board of county commissioners of the county,
as applicable, shall, upon request made by the petitioner, provide tc a petitioner who has filed an appeal
with the board of assessment appeals not more than ninety days afte- receipt of the petitioner's request,
the following information:
(A) All of the underlying data used by the county in calculating the value of the subject property that is
being appealed, including the capitalization rate for such property; and
(B) The names of any commercially available and copyrighted publications used in calculating the value
of the subject property.
(II) The party providing the information to the petitioner pursuant to subparagraph (I) of this paragraph (b)
shall redact all confidential information contaired therein.
(c) If a petitioner fails to provide the information required by subparagraph (I) of paragraph (a) of this
subsection (5) oy the deadline specified in subparagraph (II) of said paragraph (a), the county may move
the board of assessment appeals to compel disclosure and to issue appropriate sanctions for
norcompliance with such order. The motion may be mace directly by the county attorney and shall be
accompanied by a certification that the county assessor or the county board of equalization has in good
faith conferred or attempted to confer with sucn petitioner in an effort to obtain the information without
action by the board of assessment appeals. If an order compelling disclosure is Issued under this
paragraph (c) and the petitioner fails to comply with such order, the board of assessment appeals may
make such orders in regard to the noncompliance as are just and reasonable under the circumstances,
including an order dismissing the action or the entry of a judgment by default against the petitioner.
Interest due the taxpayer shall cease to accrue as of the date the order compelling disclosure is issued,
and the accrual of interest shall resume as of the sate the contested information has been provided by
the taxpayer.
Appeals to the Board of Assessment Appeals must be made on forms furnished by that Board,
and must be mailed or delivered within thirty (30) days of the date the denial by the Board of
Equalization is mailed to you.
2012-2040
The address and telephone number of the Board of Assessment Appeals are:
Board of Assessment Appeals
1313 Sherman Street, Room 315
Denver, Colorado 80203
Telephone Number: 303-866-5880
Fees for Appeal to the Board of Assessment Appeals: A taxpayer representing himself is not
charged for the first two (2) appeals to the Board of Assessment Appeals. A taxpayer
represented by an attorney or agent must pay a fee of$101.25 per appeal.
OR
2. Appeal to District Court: You have the right to appeal the decision of the Board of
Equalization to the District Court of the /county wherein your property is located: in this case that
is Weld County District Court. A hearing before The District Court will be the last time you may
present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If
the decision of the District Court is further appealed to the Court of Appeals pursuant to C.R.S.
Section 39-8-108(1), the rules of Colorado appellate review and C.R.S. Section 24-4-106(9),
govern the process.
OR
3. Binding Arbitration: You have the right to submit your case to binding arbitration. If you
choose this option, the arbitrator's decision is final and you have no further right to appeal
your current valuation. C.R.S. Section 39-8-108.5 governs this process. The arbitration process
involves the following:
a. Select an Arbitrator: You must notify the Board of Equalization that you will
pursue arbitration. You and the Board of Equalization will select an arbitrator
from the official list of qualified people. If you cannot agree on an arbitrator, the
District Court of the county in which the property is located (i.e., Weld) will select
the arbitrator.
b. Arbitration Hearing Procedure: Arbitration hearings are held within sixty (60)
days from the date the arbitrator is selected, and are set by the arbitrator. Both
you and the Board of Equalization are entitled to participate in the hearing. The
hearing is informal. The arbitrator has the authority to issue subpoenas for
witnesses, books, records documents and other evidence pertaining to the value
of the property. The arbitrator also has the authority to administer oaths, and
determine all questions of law and fact presented to him. The arbitraticn hearing
may be confidential and closed to the public if you and the Board of Equalization
agree. The arbitrator's decision must be delivered personally or by registered
mail within ten (10) days of the arbitration hearing.
c. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by
you and the Board of Equalization. In the case of residential real property, the
tess may not exceed $150.00 per case. For cases other than residential real
property, the arbitrator's total fees and expenses are agreed to by you and Board
of Equalization, but are paid by the parties as ordered by the arbitrator.
2012-2040
If you have questions concerning the above information, please call me at (970) 336-7215 ,
Ext. 4226.
ye . truly
yours,
Esther E. Gesick, Deputy Clerk
Weld County Board of County Commissioners
Cc : Christopher Woodruff, Weld County Assessor
DUFF & PHELPS
950 17 STREET SUITE 2000
DENVER , CO 80202
2012-2040
CLERK TO THE BOARD
1861 vj. PHONE (970) 336-7215, EXT 4226
TrE
FAX (970) 352-0242
WEBSITE: www.co.weld.co.us
1150 O STREET
P.O. BOX 758
COUNTY GREELEY CO 80632
August 2, 2012
WINDSOR RENEWAL I LLC
252 CLAYTON STREET 4TH FLOOR
DENVER, CO 80206
RE: THE BOARD OF EQUALIZATION 2012, WELD COUNTY, COLORADO
ADMINISTRATIVE DENIAL OF PETITIONER'S APPEAL AND AFFIRMATION OF
ASSESSOR'S VALUE
ACCOUNT NO.: R6780583
Dear Petitioner:
On July 31, 2012, the Board of County Commissioners of Weld County Colorado
convened and acting as the Board of Equalization, pursuant to C.R.S. Section 39-8-101 et seq.,
considered your request for an Administrative Denial of your petition for appeal of the Weld
County Assessor's valuation of your property described above, for the year 2012.
The Assessment and valuation is set as follows:
ACTUAL VALUE AS ACTUAL VALUE AS
DETERMINED BY ASSESSOR SET BY BOARD
$6,094,472.00 $6,094,472.00
A denial of a petition, in whole or in part, by the Board of Equalization must be appealed within
thirty (30) days of the date the denial is mailed to you. You must select only one of the
following three (3) options for appeal:
1. Appeal to Board of Assessment Appeals: You have the right to appeal the County
Board of Equalization's decision to the Colorado Board of Assessment Appeals. A hearing
before that Board will be the last time you may present testimony or exhibits or other evidence,
or call witnesses in support of your valuation. If the decision of the Board of Assessment
Appeals is further appealed to the Court of Appeals pursuant to C.R.S. Section 39-8-108(2),
only the record of proceedings from your hearing before the Board of Assessment Appeals and
your legal brief are filed with the appellate court.
,g5cac
2012-2040
All appeals to the Board of Assessment Appeals filed after August 10, 2011, MUST
comply with the following provisions of C.R.S. Section 39-8-107(5):
(5)(a)(I) On and after August 10, 2011, in addition to any other requirements under law, any petitioner
appealing either a valuation of rent-producing commercial real property to the board of assessment
appeals pursuant to section 39-8-108(1) or a denial of an abatement of taxes pursuant to section 39-10-
114 shall provide to the county board of equalization or to the board of county commissioners of the
county in the case of an abatement, and not to the board of assessment appeals, the following
information, if applicable:
(A) Actual annual rental income for two full years including the base year for the relevant property tax
year;
(B) Tenant reimbursements for two full years including the base year for the relevant property tax year;
(C) Itemized expenses for two full years including the base year for the relevant property tax year; and
(D) Rent roll data, including the name of any tenants, the address, unit, or suite number of the subject
property, lease start and end dates, option terms, base rent, square footage leased, and vacant space for
two full years including the base year for the relevant property tax year.
(II) The petitioner shall provide the information required by subparagraph (I) of this paragraph (a) within
ninety days after the appeal has been filed with the board of assessment appeals
(b)(I) The assessor, the county board of equalization, or the board of county commissioners of the county,
as applicable, shall, upon request made by the petitioner, provide to a petitioner who has filed an appeal
with the board of assessment appeals not more than ninety days after receipt of the petitioner's request,
the following information:
(A) All of the underlying data used by the county in calculating the value of the subject property that is
being appealed, including the capitalization rate for such property; and
(B) The names of any commercially available and copyrighted publications used in calculating the value
of the subject property.
(II) The party providing the information to the petitioner pursuant to subparagraph (I) of this paragraph (b)
shall redact all confidential information contained therein.
(c) If a petitioner fails to provide the information required by subparagraph (I) of paragraph (a) of this
subsection (5) by the deadline specified in subparagraph (II) of said paragraph (a), the county may move
the board of assessment appeals to compel disclosure and to issue appropriate sanctions for
noncompliance with such order. The motion may be made directly by the county attorney and shall be
accompanied by a certification that the county assessor or the county board of equalization has in good
faith conferred or attempted to confer with such petitioner in an effort to obtain the information without
action by the board of assessment appeals. If an order compelling disclosure is issued under this
paragraph (c) and the petitioner fails to comply with such order, the board of assessment appeals may
make such orders in regard to the noncompliance as are just and reasonable under the circumstances,
including an order dismissing the action or the entry of a judgment by default against the petitioner.
Interest due the taxpayer shall cease to accrue as of the date the order compelling disclosure is issued,
and the accrual of interest shall resume as of the date the contested information has been provided by
the taxpayer.
Appeals to the Board of Assessment Appeals must be made on forms furnished by that Board,
and must be mailed or delivered within thirty (30) days of the date the denial by the Board of
Equalization is mailed to you.
2012-2040
The address and telephone number of the Board of Assessment Appeals are:
Board of Assessment Appeals
1313 Sherman Street, Room 315
Denver, Colorado 80203
Telephone Number: 303-866-5880
Fees for Appeal to the Board of Assessment Appeals: A taxpayer representing himself is not
charged for the first two (2) appeals to the Board of Assessment Appeals. A taxpayer
represented by an attorney or agent must pay a fee of$101.25 per appeal.
OR
2. Appeal to District Court: You have the right to appeal the decision of the Board of
Equalization to the District Court of the /county wherein your property is located: in this case that
is Weld County District Court. A hearing before The District Court will be the last time you may
present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If
the decision of the District Court is further appealed to the Court of Appeals pursuant to C.R.S.
Section 39-8-108(1), the rules of Colorado appellate review and C.R.S. Section 24-4-106(9),
govern the process.
OR
3. Binding Arbitration: You have the right to submit your case to binding arbitration. If you
choose this option, the arbitrator's decision is final and you have no further right to appeal
your current valuation. C.R.S. Section 39-8-108.5 governs this process. The arbitration process
involves the following:
a. Select an Arbitrator: You must notify the Board of Equalization that you will
pursue arbitration. You and the Board of Equalization will select an arbitrator
from the official list of qualified people. If you cannot agree on an arbitrator, the
District Court of the county in which the property is located (i.e., Weld) will select
the arbitrator.
b. Arbitration Hearing Procedure: Arbitration hearings are held within sixty (60)
days from the date the arbitrator is selected, and are set by the arbitrator. Both
you and the Board of Equalization are entitled to participate in the hearing. The
hearing is informal. The arbitrator has the authority to issue subpoenas for
witnesses, books, records documents and other evidence pertaining to the value
of the property. The arbitrator also has the authority to administer oaths, and
determine all questions of law and fact presented to him. The arbitration hearing
may be confidential and closed to the public if you and the Board of Equalization
agree. The arbitrator's decision must be delivered personally or by registered
mail within ten (10) days of the arbitration hearing.
c. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by
you and the Board of Equalization. In the case of residential real property, the
fess may not exceed $150.00 per case. For cases other than residential real
property, the arbitrator's total fees and expenses are agreed to by you and Board
of Equalization, but are paid by the parties as ordered by the arbitrator.
2012-2040
If you have questions concerning the above information, please call me at (970) 336-7215,
Ext. 4226.
Very truly yours,
�V .��lloitf
Esther E. Gesick, Deputy Clerk
Weld County Board of County Commissioners
Cc: Christopher Woodruff, Weld County Assessor
DUFF & PHELPS
950 17 STREET SUITE 2000
DENVER, CO 80202
2012-2040
YIELD COUNTY DUFF&PHELPS
UOh N!SSIONERS
2W JUL I b A II: 2b
RECEIVED
Weld County Board of Equalization July 13th,2012
1150 O Street,P.O.Box 758
Greeley,CO 80632
Subject: 2012 Board of Equalization Appeal for 9952 Eastman Park Dr.
Dear Honorable Board:
As duly authorized agent of Broe Real Estate Services and its associated entity Windsor Renewal I
LLC, Duff & Phelps LLC is hereby filing an appeal to the Board of Equalization for the 2012 value of
the following account:
Schedule#/Parcel q Address 2012 NOD Value D&P Requested Value
9952 Eastman Park
R6780583 Dr. $6,094,472 $2,300,000
Appeal Rationale: The petitioner acquired the property for$2,300,000.
Our authorization to appeal is attached. This notice of appeal is being sent via certified mail with
tracking number 7011 1150 0001 3911 6326.
If you have any questions, please feel free to contact me at 303-749-9034 or at
michael.vandonselaar@duffandphelps.com.
Sincerely,
?)1, tick ANtaimitt
Mike Van Donselaar
Vice President, Duff& Phelps, LLC
Duff&Phelps,LLC 1 +1 303-749-9034 michael.vandonselaar@duffandphelps.com
1200 17th Street www.duffandphelps.com
Suite 990
Denver,CO 80202
wMOttII ttETERMINATION
COI';--,1SSIOMEaSNIE•
D
Christopher M. WoodrulIt JUL lb A III 2b Date of Notice: 6/27/2012
Weld County Assessor Telephone: (970) 353-3845 or(720) 652-4255
1400 N 17th Ave _n Fax: (970) 304-6433
Greeley, CO 80631 RECEIVED E-mail: appeals@weldgov.com
www.weldgov.com Office Hours: 8:00 AM - 5:00 PM
SCHEDULE/ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTION/
PHYSICAL LOCATION
R6780583 2012 0429 W2 &E2NE4 26-6-67 8 PT E2NE4 27-6-67&
PT NE4 34-6-67 EXC BEG N16 COR SEC 34
w WINDSOR RENEWAL LLC AND 35 589D42'W THENCE N00D24'W
636.11'TPOB N89D59'W 1012.08 CURVE TO
252 CLAYTON STREET 4TH FLOOR R (R=70.0') CHORD=N45D00'W 98.98'
DENVER,CO 80206
N00D00'W 1844.75' CURVE TOR (R=70.0')
a CHORD=N44D59'E 99.01'S89D59
O
0.
a
ASSESSOR'S VALUATION
PROPERTY CLASSIFICATION ACTUAL VALUE PRIOR TO ACTUAL VALUE AFTER
REVIEW REVIEW
AG LAND 42,059 42,059
COMMERCIAL 13,472 13,472
INDUSTRIAL
6,038,941 6,038,941
TOTAL $6,094,472 $6,094,472
The Assessor has carefully studied all available information, giving particular attention to the
specifics included on your protest. The Assessor's determination of value after review is based
on the following:
CM05- The law requires that only 2009 and the first 6 months of 2010 data be used to establish
the values for 2010 and 2011. Your purchase in December of 2011 will be used to value your
property in 2013.
If you disagree with the Assessor's decision, you have the right to appeal to the County
Board of Equalization for further consideration, § 39-8-106(1)(a), C.R.S.
The deadline for filing real property appeals is July 15.
The deadline for filing personal property appeals is July 20.
The Assessor establishes property values. The local taxing authorities (county, school district,
city, fire protection, and other special districts) set mill levies. The mill levy requested by each
taxing authority is based on a projected budget and the property tax revenue required to
adequately fund the services it provides to its taxpayers. The local taxing authorities hold
budget hearings in the fall. If you are concerned about mill levies, we recommend that you
attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a
listing of the local taxing authorities.
Please refer to the reverse side of this notice for additional information.
DUFF & PHELPS
950 17 STREET SUITE 2000 15-DPT-AR
PR 207-08/11
DENVER, CO 80202 R6780583 15285
APPEAL PROCEDURES
County Board of Equalization Hearings will be held from July 1 through August 3
at 1150 O Street, P.O. Box 758, Greeley, CO
To appeal the Assessor's decision, complete the Petition to the County Board of Equalization
shown below, and mail or deliver a copy of both sides of this form to:
Weld County Board of Equalization
1150 O Street, P.O. Box 758
Greeley, CO 80631
Telephone(970)356-4000 Ext, 4225
To preserve your appeal rights, your Petition to the County Board of Equalization must be
postmarked or delivered on or before July 15 for real property and on or before July 20 for
personal property—after such date, your right to appeal is lost. You may be required to prove
that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with
proof of mailing.
You will be notified of the date and time scheduled for your hearing. The County Board of
Equalization must mail a written decision to you within five business days following the date of
the decision. The County Board of Equalization must conclude hearings and render decisions
by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of
Equalization and you wish to continue your appeal, you must file an appeal with the Board of
Assessment Appeals by September 12, § 39-2-125(1)(e), C.R.S.
If you are dissatisfied with the County Board of Equalization's decision and you wish to continue
your appeal, you must appeal within 30 days of the date of the County Board's written decision
to ONE of the following:
Board of Assessment Appeals District Court
1313 Sherman Street, Room 315 9th Avenue and 9th Street
Denver, CO 80203 P.O. Box C
(303) 866-5880 Greeley, Colorado 80632
www.dola.colorado_gov/baa (970) 356-4000 Ext. 4520
Binding Arbitration
For a list of arbitrators, contact the County Commissioners at the address listed for the County
Board of Equalization.
If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls
upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next
business day, §39-1-120(3), C.R.S.
PETITION TO COUNTY BOARD OF EQUALIZATION
What is your estimate of the property's value as of June 30,2010? (Your opinion of value in terms of
a specific dollar amount is required for real property pursuant to§39-8-106(1 5), C.R.S.)
$ $2,300,000
What is the basis for your estimate of value or your reason for requesting a review? (Please attach
additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll,
original installed cost, appraisal, etc.)
The petitioner acquired the property for$2,300,000.
ATTESTATION
I, the undersigned owner or agent' of the property identified above, affirm that the statements contained
herein and on any attachments hereto are true and complete.
2"' i'k Gam 303-749-9034 7/13/12
Signature Telephone Number Date
michael.vandonselaar@duffandphelps.com
Email Address
'Attach letter of authorization signed by property owner.
Appointment of Agency for Property Tax Matters
Duff & Phelps LW is authorized to represent the ownership of the properties shown on the attached
Exhibit A via the consent of Broe Real Estate Services, Inc., authorized agent of the entities listed on
the attached Exhibit A, with regard to property tax matters in Colorado, Texas, Nebraska, California
and Illinois.
Any and all previous authorizations are hereby revoked (except for the authorizations) of Marvin
Poer for appeals filed on or before 12/31/09). Marvin Poer authorization(s)pertaining to appeals filed
after January 1, 2010, are herby revoked. Duff& Phelps LLC is authorized to act on our behalt in
obtaining and providing information, negotiating, settling and assessing for all property matters
related to the property owned, possessed, or controlled as shown on Exhibit A for any appeals or
abatements filed after January 1, 2010. This agent is delegated full authority to handle all real and
personal property tax matters for assessments relative to assessments and to represent us, with the
assistance of legal counsel, If necessary, In the appeal process.
This appointment of agency remains in effect for tax years 2010, 2011 and 2012 ofuntil revoked in
writing by Broe Real Estate Services Inc. or Duff&Phelps LLC,excepted as provided above.
All correspondence should be directed to the following:
NAME: Paul Luber
Duff&Phelps LLC
ADDRESS: 95017"'Street. Suite 2000
Denver.Colorado 80202
303-749-9018
Broe Real Estate Services Inc. ('BRES") is an authorized agent of the entities listed in Exhibit A. It
has signed this Appointment of Agency In Its capacity as an authorized agent.
Saw.
By: Broe Real Estate Services Inc. ("BRES) 4r �< "
SIGNED: _ I A
.r.
NAMErrrrLE: Mark Schultz. Executive Vice President/CFO a
DATE EFFECTIVE: January 1.2010 =1t 1<"
ware pittismMtie
NOTARIZATION:
STATE OF COLORADO
7ta
CITY AND COUNTY OF DENVER
On this 25u day of May,2010,in the City and County of Denver,State of Colorado,before me,the undersigned,a notary public In and for said
county and state,personally appeared Mark Schultz,to me known to be the Identical per on who signed the within and Ibregoing Appointment of
Agency for Property Tax Mutes on behalf of Woe Real Estate Services,Inc.as fta Executive Vice President/CFO,and acknowledged to me that
he executed the same as his free and voluntary act and deed,and as the free and voluntary act and deed of said corporation,for the uses and
purposes therein set forth. (lava./1 va /tnl . 3Ip
Notaryl.Publie Tug
My commission expires: het I6,2013 M.
•
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Property Address County Entity Authorizing Authorized Agent
less. Dug&Phelps LLC
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1700 Broadway 1700 Orman 1700 Broadway Brow Reel Estate
Broadway InVdtmints LLC Services Inc. .
•
Garage Adjacent to Wilk 1750 Lincoln Denver 1700 Broadway Brad Reel Estate
Fargo Tower • St Invistn nts LLC Services Inc.
Trinity Place 1801 Denver BREAcqulsttlons7LLC BroiReelEstate
Broadway - &mikssIna
• 252 Payton(Office& 252 Clayton Denver 252 Cleytbn Broe Real Estate
Parking Garage) Associates LLC Services Inc.
5.0 it'eak OM ice&Parking SO Steele Denver Steele Street Holdings Brae Real Estate
•
Qaregcu) LLC Services Inc.
2465 S Downing Street 2465 S Denver Potterdre Adventist Bros Reel Estate
Downing St Heahhra're Servkesinc.
2335S Downing strwt 2535 S ' Denver South Central • • Babe Real Estate
bowningSt Properties int. !endow Inc.
181151856 Arapelroa Sd0&l88s Denver Skypark Partners LTD • Brue'Real Estate
(Settidn 7,96 Housing) Arapahoe Services Inc
1805158!Arapahoe(RetlMO Sian Denver *twitch Petbwts'LTD '4Brueiteld Site
Arapahoe • jewlarsi c,
Country ClubTowers& 1001E Denver Ogden Assotlatea LTD• Broe Real Estate
Gardens Bayard Ave Services Inc.
Country Club Towers& 12 S Ogden Denver Country Club Gardens Bros Real Estate
'Gardens •
' Investments,LP Services Inc. ;
Couu by CiubTowers& 145000n Denver C°'sntry Club ptirdens tiros Baal Estate
Gardens investments,LP sinks*MC
Country Club Towers& 15 S Denver Country CIu4 Gardens Bide Reel Estate
Gardens, Downing St Investments,LP Simian Inc,
Country Club Gardens Mlsc 15 S Denver Country Pub Gardens Broe Real Estate
Imp. Downing St Inwestments,LP Services Inc.
Coi,ntryClub Gardens MIsc 99 5 • Denver Country Club Gardens erne Real Estate
In*. • DowndngSt !Westmont*,LP SerykesInc.
Fort Collins Dlstribudpn 3820 tadmer Groat Western land Broe Real Estate
Facility Welter AcquWtion 1,LLC Services Inc.
WV.
Great Weltarn indWlt7al Vacant Lend Weld Bros Land Brae Real Estate
Park Land Parcels owned by Acquisitions 10 LLC Services Inc
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Property Address County Entity Authorizing Authorized Agent
1' Duff&Phelps LLC
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Great Western Industral Vacant Land Weld Broe Lend Broe Real Estate
Park Land Parcels owned by Acquisitions 11 LLC Services Inc.
owner at right
Greet Western Industrial Vacant Land Weld Broil Land Bros Real Estate
Park Land Parcels owned by Acquisitional-5 LLC Services Inc.
°emir at right
7720 S Broadway— 720 S Arapahoe South Central Broa Real Estate
Improvements Only Broadway Propetes Vtlnc. Services Inc.
7720 S Broadway-Land 7720 S Arapahoe Arapahoe Medical Brie Real Estate
Broadway Blinding I Inc. Services Inc.
•
Pinehnd Medical Office $735 Dallas,TX Plneland MOB,LLC Bros Reel Estate
Building Pineland Dr Services Int.
Terminal Bldg 105 S 9th St Lancaster, Roosevelt Holdings Bloc Real Estate •
Parking NE Inc. Sedates Inc.
Garage
Terminal Bldg 9410 Street Lancaster, Roosevelt Holdings Broil Real Estate
Parking Lot NE Inc. Servkirint.
Terminal Bldg 9410 Street lantasaer, Roosevelt Holdings Broe Real Estate
NE Inc. Services Inc. •
Gallo Budding 7.54 Brannon San Brannon Funding Boma Root Estate
Street Francisco, Corp Services Inc.
CA
Two Transam 2 Transom York flAP,LLC Roe Real Estate
Maze Drive Township, Services Inc.
Oakbrook . IL
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All Windsor Renewal I LLC All Windsor Weld WINDSOR Broe Real Estate
Properties Renewal RENEWAL I LLC Services Inc.
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Tonya Disney
From: Courtney Anaya
Sent: Friday, July 20, 2012 8:44 AM
To: Tonya Disney
Cc: Esther Gesick
Subject: RE: R6780583 -9952 Eastman Park Dr.
Attachments: R6780583 -Windsor Renewal I LLC.pdf
Hi Tonya,
It is line#21 on the spreadsheet. Attached is the appeal you sent me.
let me know if you need anything else.
Thanks!
Courtney Anaya
Assistant Analyst
Weld Counhy Assessor's Office
(970) 353-3845 ext. 3670
canaya@co.weld.co.us
1 r -
" r1
'GoC\TX..
Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please
immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited:
From: Tonya Disney
Sent: Friday, July 20, 2012 8:35 AM
To: Courtney Anaya
Cc: Esther Gesick
Subject: RE: R6780583 - 9952 Eastman Park Dr.
Courtney,
Esther and I have double checked this account number on the spread sheet and do not see it listed. Is
this one that needs to be added? We also do not have a packet from it. Could this be a Tax Abatement?
Thank you,
Tonya (Disney)Johnson
Clerk to the Board
1150 0 Street IPO Box 758IGreeley, Colorado 80632
Phone: 970-336-7215 x 5226
1
1MM.
111r� _ t
rr
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Courtney Anaya
Sent: Thursday, July 19, 2012 4:22 PM
To: Tonya Disney
Cc: Esther Gesick
Subject: FW: R6780583 - 9952 Eastman Park Dr.
Another Admin Denial...
Courtney Anaya
Assistant Analyst
Weld County Assessor's Office
(97W 353-3845 ext. 3670
canaya@co.weld.co.us
IMO
tlr _ 1
re
Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please
immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Noel Lawrence
Sent: Thursday, July 19, 2012 4:20 PM
To: Courtney Anaya
Subject: FW: R6780583 - 9952 Eastman Park Dr.
Another administrative denial.
Thanks,
Aber Lawrence
Commercial Appraiser
Assessor's Office
1400 N. 17th Avenue
Greeley, CO 80631
970-353-3845 ext. 3695
2
T,4,
Ti
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Van Donselaar, Michael [mailto:Michael.VanDonselaar(alduffandohelos.com]
Sent: Thursday, July 19, 2012 4:08 PM
To: Noel Lawrence
Subject: RE: R6780583 - 9952 Eastman Park Dr.
Noel,
Please process the appeal for 9952 Eastman Park Drive as an administrative denial.
Thank you,
Michael Van Donselaar
Vice President, Property Tax
r +1 303 749 9034
M +1 303 875 5471
Duff& Phelps, LLC
1200 17th Street
Suite 990
Denver, CO 80202
michael.vandonselaar@duffandphelps.com
www.duffand phelps.corn
From: Noel Lawrence [mailto:nlawrenceeco.weld.co.us]
Sent: Thursday, July 19, 2012 4:05 PM
To: Van Donselaar, Michael
Subject: R6780583 - 9952 Eastman Park Dr.
Hi Mike. I just received this appeal today, I guess it got hung up at the Commissioner's office. It appears the main
rationale for the appeal is the purchase in December of 2011. Unfortunately, we can only consider sales from
01/01/2009-06/30/2010. Are you interested in requesting an Administrative Denial on this account as well.
Thank you for your reply on the 2 Chrysler dealerships (R6775829 and R4278106). I forwarded your email to the Board
and that was sufficient.
Respectfully,
3
Yoe(Lawrence
Commercial Appraiser
Assessor's Office
1400 N. 17th Avenue
Greeley, CO 80631
970-353-3845 ext. 3695
' ti -
rr
Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
This email is confidential and subject to important disclaimers and conditions, including those regarding
confidentiality, legal privilege and certain legal entity disclaimers, available at
http://www.duffandphelps.com/disclosure. Circular 230 Disclosure: Any advice contained in this email
(including any attachments unless expressly stated otherwise) is not intended or written to be used, and cannot
be used, for purposes of avoiding tax penalties that may be imposed on any taxpayer.
4
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