HomeMy WebLinkAbout20112161.tiff CLERK TO THE BOARD
PHONE (970) 336-7215 EXT 4226
FAX: (970) 352-0242
915 10TH STREET P.O. BOX 758
GREELEY, COLORADO 80632
C.
COLORADO
August 12, 2011
SAND DOLLAR INVESTMENTS LLC
402 N WILCOX
C/O DENISE POTTENGER
CASTLE ROCK, CO 80104
Parcel No.: 146906129001 Account No.: R7411598
Dear Petitioner(s):
Based upon information furnished to the Weld County Board of Equalization, we understand that
you have withdrawn the petition challenging the valuation of the above Account number.
Please be informed that a withdrawn petition precludes any further challenge to the valuation of
the above Account number for this assessment period. Therefore, the Board of Equalization
took no action on your petition and the assessed value remains as set by the Assessor.
Very truly yours,
BOARD OF EQUALIZATION
Esther E. Gesick
Deputy Clerk to the Board
cc: Christopher Woodruff, Assessor
DOWNEY & MURRAY LLC
383 INVERNESS PARKWAY SUITE 300
ENGLEWOOD, CO 0
2011-2161
ec,./ rL/� C'r) s)-/mil-or// AS0079
NOTICE OF DETERMINATION
Christopher M. Woodruff Date of Notice: 6/22/2011
Weld County Assessor Telephone: (970) 353-3845 or (720) 652-4255
1400 N 17th Ave Fax: (970) 304-6433
Greeley, CO 80631 E-mail: appeals@co.weld.co.us
www.co.weld.co.us Office Hours: 8:00 AM - 5:00 PM
SCHEDULE/ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTION/
PHYSICAL LOCATION
R7411598 2011 2954 DAC L1 H &T SUB
650 GLEN CREIGHTON DR, DACONO
CC
i SAND DOLLAR INVESTMENTS LLC
C/O DENISE POTTENGER
402 N WILCOX
¢ CASTLE ROCK,CO 80104
W
a
O
2
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ASSESSOR'S VALUATION
PROPERTY CLASSIFICATION ACTUAL VALUE PRIOR TO ACTUAL VALUE AFTER
REVIEW REVIEW
COMMERCIAL 708,400 708,400
TOTAL $708,400 $708,400
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 all of 2009 and the first 6 months of 2010 data be used to
establish current values.We have considered all(3) three approaches to value in arriving at
your current valuation. We have denied your appeal based upon this data.
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.
DOWNEY & MURRAY LLC
383 INVERNESS PARKWAY SUITE 300
ENGLEWOOD CO 80112
2011-2161
APPEAL PROCEDURES
County Board of Equalization Hearings will be held from July 1 through August 5
at 915 10th Street, 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
915 10'h Street, P.O. Box 758
Greeley, CO 80632
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.00v/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 t § 39-8-106(1.5), C.R.S.)
$ to $a) "1 5
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.)
(Zan_ -AckichnIA t--IN
ATTESTATION
I, the undersigned owner or agent' of the property identified above, affirm that the statements contained
h n and on ttachments reto are true and complete. (�
lr'-7 �C � 303)713 -1111 .0 � \�) ,g71-c.;) \
lSignature /, kelephon Number Date/ )
f/
' Attach letter of authorization signed by property owner.
RA DOWNEY & MURRAY ac
Thomas E.Downey,Jr.
ATTORNEYS AT LAW 303 813-1111
ted(aldowneymurray.corn
July 13, 2011
VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED
Weld County Board of Equalization
P.O. Box 758
Greeley, CO 80632
Re: 650 Glen Creighton Drive
Schedule No. R7411598
Dear Clerk to the Board:
We represent the owner of the above referenced real property in Weld County. Enclosed
is the Petition to the Board of Equalization protesting the denial, or inadequate adjustment, by
the Weld County Assessor.
I would appreciate your setting this matter for hearing on the same day as my other
CBOE appeals in your county. Because of cases scheduled for hearing at the Board of
Assessment Appeals, I am not available for hearings on July 13th and 14`h or July 27`h and 28th.
Please direct the Notice of Hearing on this matter to the undersigned.
Petitioner, pursuant to C.R.S.§ 39-8-107(3), respectfully requests that the Assessor
provide all data supporting the assessor's determination of actual value on these parcels to the
undersigned no later than two working days prior to the CBOE hearing.
Thank you for your cooperation in this regard. Should you have questions, please call.
Very truly yours,
71a C22,20.79,
homas E. Downey, Jr.
TED/ss
Enclosure
cc: McIntosh & Associates
383 Inverness Parkway F Suite 300 ❑ Englewood,Colorado 80112 r fax 303 813-1122
EXHIBIT "A"
ATTACHMENT TO COUNTY BOARD OF EQUALIZATION PETITION OF
650 Glen Creighton Drive, Schedule No. R7411598
1. The Assessor has failed to give appropriate consideration to all the requisite approaches
to valuation in determining the value of the property.
2. The current year actual value assigned by the assessor does not reflect the actual value of
the subject property during the 18 month period ending June 30, 2010.
3. Upon consideration of all the approaches to value, values given to comparable land and
improvements and upon consideration of the requirements of Colorado law that require
that assessments be uniform,just and equitable, a reduction in the current year actual
value of this property is warranted.
4. The value of the subject property, based upon information currently available and subject
to further revision, is excessive and should be reduced.
5. The attached analysis by McIntosh'& Associates indicates that the assigned value
for 2011 is excessive and should be reduced to the Target Income Value of$683,915.
McIntosh &Associates, LLC
650 Glen Creighton Dr.
County: Weld
Parcel: R7411598
Bldg Area 5,060
Income Approach
per SF
Potential Gross Income $ 63,992 $ 12.65
Vacancy&Collection Loss $ (3,200) 5.0%
Effective Gross Income $ 60,792
Operating Expenses $ (6,079) $ 1.20 10% Management Fees and other Operating Expenses
Net Operating Income $ 54,713
Capitalization Rate 8.00% (Includes real estate taxes)
Indicated Value $ 683,915 $ 135
FMV Assessment $ 708,400 $ 140
Assessment $ 205,436
Assessment Ratio 29%
Notes:
* Operating expenses include: management fees, leasing fees, insurance and reserve for replacements
* Overall postal service revenues are declining due to changes in technologies. The Postal Service is
currently reviewing consolidation opportunities,which may affect their space needs around the
country. This property is currently being reviewed.
9a6 # 1111111 III 111111 111111 I1I 11111111 III lilt II11 till
2644926 10/05/1996 04123P *old County CO
1 of 1 R 8.00 0 0.00 JA Suki Tsukamoto
RECORD AND Rl:rUuti'rn
DENNIS PC)TI'I:Nh1312
[Lk L Constructors.Inc.
13011 N PARK STREET
CASTLE RUCK,Co 1111104
LL0.',6J._. . ._._..1
111E+111OtiANtyUM OF LEASE
T3L Number: 741 I59R ASSESSOR'S PARCII,Ntr4111ER:'46906(294x i
This NI Mtn ILA A UL,si OF CERTAIN LEASE doted September 29,I 99s is made and wnercd him b.4w. n t matt.I.on boron:,m.•..
s'Lowe and the United Staten Postal Scniee as•Lessee'.
wiTNESSETUI
uk.$CRIPTION AND CONVEYANCE QE DE1 I1SED RRLM Ism Fur vain:dle wnviduutiun I.cunt Itcrehy denna.:s and l:asi<In
Lessee and Intact hereby leases from Lessor land with all improvements and appudenaiicisi thereto located id 650 Glen('ier),htun
Dow,.Dacano,Colorado and legally de:tribal as hollows: 1.01 I.II&T Siibdsi'won,according so shy nocw'ekd plus dhereuJ,Cou.itj•.,l
Weld.State Of Colorado,together with and subject to easements reservations and restrictions of record for the below referenced term and
sublet to the provisions emitained in the alms e mentioned Lease Which Lean iti inuorporato in this Memorandum of lease by this
Nierelice.
TERM This lease Mxamc cilia:five September I,1998 and its tent is Iis a period of 211 cons in t ii3,9U2 iii:.niiu.,$rail,'ni ii:,ai
Augtt.A 31, 2t/I lt.'Ileac aro nav ten•w:l options,There is no I:nnutabnni clause.
IIIIIPOSE II is understood the only purpose of this Memorandum oft ease iv to give natio.:ol•tlw Lease:Ind dial all rights.lnd
obligations of Irx or and Lowed hereunder arc gov need by the term ixivenaats and eondilttona eonlnined in the Lease.
Lessor: I)&I C Snnetote,Inc.
Dennis Putteilrcr,President/ veer
S•1•,t'I'E UI'COL.OR,AIX),COUNTY OF DOUG1.AS
On l�C�
i 1998,before me,Dennis Putteng a,pas, ew•^ es), 's molly l,nnwn In toe lite person whose name n
.t .
sulhren wit
hin to the instrument and act;itowlatyat to Inc+�• % - • 0 J�r' his authorized capacities,and that by his
signatures on the instrument the person,or entity upon litho4 Ilse petit T 1 • led the instrument,
WI+N , •
my liar
LINDA C. 1 S,I eat. `� tt
v)c� ; BEEN I
sip,,n,e I,a.• :'p,,
My ConCommission Expires: Ac7/640.0)< I 11,`'91`.' 'Q�
Allianee:__ wu__ _Unknown `£OF G `—
ID Produced.
LESSEE: (Suites~(,)tts ustal.Sera cc ,
By:
�//
Cheryl li:nntlbot, aintrarting Ricer,Denser Facilities Service()Mee
8055 E.Tufts Avenue,Side 4110,Denver,C'obinidu M0217-21011
•
^f UNITED STATES •
POSTAL SERVICE Lease
Facility Name/Location
DACON0 - MAIN OFFICE (072178-003) WELD COUNTY
DACONO, CO 80514-9998 Project: E50162
This LEASE, made and entered into by and between D E, L Constructors, Inc. hereinafter called the Lessor,
and the United States Postal Service, hereinafter called the Postal Service:
In consideration of the mutual promises set forth and for other good and valuable consideration, the sufficiency of which
is hereby acknowledged,the parties covenant and agree as follows:
1. The Lessor hereby leases to the Postal Service and the Postal Service leases from the Lessor the following
premises, hereinafter legally described in paragraph 9, in accordance with the terms and conditions described herein
and contained in the 'General Conditions to U.S. Postal Service Lease,' Section A, attached hereto and made a part
hereof.
Upon which is a single-story, detached, buick veneer building and which property contains areas,
spaces, improvements, and appurtenances as follows:
AREA SQ.FEET AREA SQ.FEET
Net Floor Space 4,169 Joint Use/Common Areas:
Platform
Parking and Maneuvering
Other:
Driveway •
Landscaping -
Sidewalks
Total Site Area: 45,247
2. RENTAL: The Postal Service will pay the Lessor an annual rental of: $63,992.00
***Sixty-Three Thousand Nine Hundred Ninety-Two and 00/100 Dollars***
payable in equal installments at the end of each calendar month. Rent for a part of a month will be prorated. Rent
checks shall be disbursed as follows:
payable to:
D & L Constructors, Inc.
1500 N. Park Street
Castle Rock CO 80104-1111
unless the Contracting Officer is notified, in writing by Lessor, of any change in payee or address at least sixty (80)days
before the effective date of the change.
3. TO HAVE AND TO HOLD the said premises with their appurtenances: g'
(
FIXED TERM: The term beginning 09/01/1998 and ending 08/31/2018 for a
total of 20 years. (Dates to be inserted by the Contracting Officer in accordance
with the Construction Rider.)
•
PS Form 8300 1
a, UNITED STATES • •
POSTAL SERVICE Lease
4. RENEWAL OPTIONS: The Lease may be renewed at the option of the Postal Service, for
the following separate and consecutive terms and at the following annual rentals:
RENEWAL OPTION TERM NO. OF YEARS PER ANNUM RENTAL
1 5 $71,490.00
2 5 $75,065.00
provided that notice is sent, in writing, to the Lessor at least 180 days before the
end of the original lease term and each renewal term. All other terms and conditions
of this Lease will remain the same during any renewal term unless stated otherwise
herein.
5. TERMINATION: This Lease may not be terminated during the fixed term. After the fixed
term, this Lease may be terminated, pursuant to this paragraph by the the Postal Service
upon 180 days written notice to the Lessor.
6. UTILITIES, SERVICES, AND EQUIPMENT: Lessor, as part of the rental consideration, shall furnish the following
utilities,services and equipment (See Lessor Obtigetfons of General Conditions(A.24)endior attached addendum for definitions.)
Heating System, Air Conditioning Equipment, Light Fixtures, Sewerage System,
Electrical System, Water System.
7. OTHER PROVISIONS: The following additional provisions, modifications, riders, layouts and/or forms were agreed
upon prior to execution and made a part hereof.
Construction Rider (C-1) , Maintenance Rider - USPS (M-1) , Reimbursement Tax Rider (T-
1) .
8. The undersigned has completed the'Representations and Certifications.'(See Section B).
9. LEGAL DESCRIPTION:
SEE ATTACHED SURVEY
PS Form 8300 2
a, •
UNITED STATES Lease
POSTAL SERVICE.
EXECUTED BY LESSOR this 7•71' day of t.t.Lt_E /1-5 7
ORPORATION
D&L Constructors, Inc.(a Colorado Corporation)
Affix Corporate Seal
Dennis Pottenger, President
Print Name&Title Signature
Print Name&Title Signature
Print Name&Title Signature
Print Name&Tile Signature
Print Name&Title Signature
Print Name&Title Signature
Print Name&Title Signature
Print Name&Tile Signature
Lessor,Address: D & L constructors, Inc.
1500 N. Park Street Castle Rock CO 80104-1111
Telephone NA. (1011689-4592
Taxpay
Wrtnes Witness
ACCEPTANCE BY THE POSTAL SERVICE
Date: 77O-'7
CHERYL HAMILTON
Signature of Contra in Officer
Contacting Officerg g
DENVER FACILITIES SERVICE
8055 E 1'uriS AVE #400
DENVER CO 60237-2881
Address of Contracting Officer
PS Form 8300 3
��" UNITED STATES • •rm of Acknowledgment
►/' POSTAL SERVICE. for Corporations
STATE OF ` Oa, C axa 2C.6
COUNTY OF (CI,��
Personally appeare ,a Notary Public in and for the County and State aforesaid,
( me of authorized afftcer(s)signing lease)
who is/are known to me to be the \ {✓ttr d r . � c1 and d
(Mies of officers)signing lease)
of the /
__.. 1. 1 +c.-� �r .,( 7-1;i-.t a a,l and
(Name of Corporation)
to be the same person(s)who executed the foregoing lease,who depose(s)and say that said person(s)know(s)the seat
of the said corporation,that the seal affixed to the above instrument is the seal of said corporation,and that it was affixed,
and that said person(s)signed this lease by the authority of the said corporation,for the purposes set forth,and as said
person(s)own free e and voluntary act.
Done at j 5-‘, n e ::";-----P el-)\.(Q S in the County and State aforesaid,
this h day of `.r 1'c , `5 7.
1
NOTARigega
SEAL
LINDA C.
BEEN :o
f G��OQ
atary !ilia
My commission expires /a4 R/ 7 .
NOTE: If the corporation is without a seal,that portion of the acknowledgment referring to a seal should be stricken out,and
on the blank line following this statement should be made:"and that the said corporation has no corporate seal.'
REACKC (July 96,v1.12,P)
•
_,'
UNITED STATES • General nditions to USPS Lease
POSTAL SERVICE
SECTION A Any notice to the Postal Service provided under this Lease ti under any
law or regulation must be in writing and may be hand delivered or
A.1 CHOICE OF LAW mailed, addressed to "Contracting Officer, U.S. Postal Service' at the
address specified on page 3 of the Lease, or at an address that the
This Lease shall be governed by federal law. Postal Service has otherwise directed in writing.
A.2 DEFINITIONS A.4 ASORTGAGEE'S AGREEMENT
As used in this contract, the following terms have the following If there is now or wilt be a mortgage on the property which sot will be
meanings:. recorded prior to the recording of the Lease, the offeror mint notify the
a. "Contracting officer means the person executing this contract on contracting officer of the fads concerning such mortgage and,unless in
behalf of the Postal Service,and any other employee who is a property his sole diecsetion the contracting officer waives the requl ement, the
authorized contracting officer, the term Includes, except as otherwise offeror must furnish a Mortgagee's Agreement,which will cor.sent to this
provided in the contract, the authorized representative of a contracting Lease and shall provide that. in the event of foreclosere, mortggagee,
officer acting within the limits of the authority conferred upon that person. successors,and assigns shall cause such foreclosures to be subject to
the Lease.
b. 'Successful offeror,' 'offeror," 'contractor,' or "Lessor^ are
interchangeable and refer to the party whose proposal is accepted by the A.5 EQUAL OPPORTUNITY
Postal Service.
a. The contractor may not discriminate against employees o-applicants
C. 'Lease' and "agreement" are interchangeable end refer to this because of race,color, religion,sex,or national origin. The contractor
document,including all riders and attachments thereto. will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment without regard to race,
A.3 EXECUTION REQUIREMENTS color,religion,sex,or national origin. This action must include,but not
a. All co owners and all other be finked to,employment upgrading,demotion,or transfer yea dment
persons having or to have a legal interest or recruitment advertising;
In the property must execute the Lease. If the offeror is married, the i^9 layoff or termination; rates of pay or other
husband or wife of the offeror must also execute the Lease. The offeror fo rms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post NiCAnsplcuc4A places,
must submit adequate evidence ce title.
available to employees and applicants, notices provided by the
b. If the offeror is a general partnership,each member must sign. contracting officer setting forth the provisions of this cause.
c; If the offeror is a Amited partnership,all general partners must sign. b. The contractor must In all solicitations or advertisements for
d. Where the offeror is an administrator or am executor of an estate, employees placed by It or on its behalf,stab,that all qualified applicants
will be considered for employment without regard to race,color,religion.
there must be furnished a certificate of the clerk of the court or certified sex,or national origin.
copy of the court order showing the appointment of the administrator or •
executor, together with a certified copy of the wit of the deceased. tf ee The=erector must send to each union or worker's representative
there is no will, or in the event the will of the deceased does not with which the contractor has a collective bargaining agreement or other
specificaity authorize the administrator or the executor to enter into a understanding,a notice,Provided by the contracting officer,*hieing the
contract to lease the proposed quarters,it will generally be necessary to union or workers'representative of the contractor's commitments under
furnish, in addition to the above named items, a certified copy of the this clause, and must post Copies of the notice in conspicuous places
court order authorizing such administrator or executor to enter alto a available to employees end applicants.
lease with the Postal Service. d. The contractor must comply with all provisions of Executive Order
e. Where the offeror is a trustee, a certified copy of the instrument (EO) 11246 of September 24, 1965, as amended, and of the rules,
creating the trust must be furnished together with any other evidence regulations,and relevant orders of the Secretary of Labor.
necessary to establish the trustee's authority to lease. a. The contractor must furnish all information and reports required by
f. Where the offeror is a corporation, leases and tease agreements the Executive order, and by the rules, regulations, and orders of the
entered into must hive the corporate seal affixed or in place thereof the Secretary, and must permit access to the contractor s book,, records,
statement that the corporation has no seal. end accounts by the Postal Service and the Secretary for purposes of
investigation to ascertain compliance with these rules, regulations, and
g. Where the offeror is a corporation, municipal corporation, fraternal orders.
order or society, the Lease must be accompanied by documentary
evidence affirming the authority of the agent,or agents, to execute the f. If the contractor fads to comply with this muse or with any of the
Lease to bind the municipal corporation, fraternal cider or society for said rules. regulations, or orders, this contract may be canceled,
which he (or they) purports to act. The usual evidence required to terminated, or suspended, in whole or in part; the contractor may be
establish such authority is in the form of extracts from the articles of declared ineligible for further contracts in accordance with the Executive
incorporation, or bylaws. or the minutes of the board of directors duly ortder,and other sanctions may be imposed and remedies invoiced under
warned by the custodian of such records, under the corporate seal, the Executive order, or by rule,regulation,or order of the Secretary, or
Such resolutions,when required,must contain the essential stipulations as otherwise Provided by law-
, embodiedin the Lease. The names and official titles of the officers who g. The contractor must insert this clause,including this paragraph 9,In
are authorized to sign the Lease must appear in the doctrrthent, all subcontracts or purchase orders under this contract unless exempted
h. Notices. Any notice to Lessor provided under this Lease or under by Secretary of Labor rules, regulations, or orders issued under the
any law or regulation must be in writing and may be trend delivered or Executive order. The contractor must take such action with respect to
mailed to Lessor at the address specified on page 3 of the Lease, or at any such subcontract or purchase order as the Postal Service may direct
an aodreas that Lessor has otherwise appropriately directed in writing. as a means of enforcing the terms and conditions of the clause
(including sanctions for noncompliance), provided, however, that bf the
RETERMS(Sept Pe,vi.17,Nit A-1
UNITED STATES
11 Generalnditions to USPS Lease
POSTAL SERVICE
contractor becomes involved in, or is threatened with, litigation as a A.9 ASSIGNMENT OF CLAIMS
result. the contractor may request the Postal Service to enter into the
litigation to protect the Interests of the Postal Service. a. if this contract provides for payments aggregating$10,0)0 or more,
claims for moneys due or to become due from the Postal Service under it
h. Disputes under this clause will be governed by the procedures in 41 may be assigned to a bank,trust company,or other financing institution,
CFR SO-1.1. including any federal lending agency, and may thereafter be further
assigned and reassigned to any such institution. Any assignment or
A.6 FACILITIES NONDISCRIMINATION reassignment must cover all amounts payable and must not De made to
more than one party, except that assignment or reassignesint may be•
a. As used in this clause, the tern 'facility/ means stores, shops, made to one party as agent or trustee for two or m xe parties
restaurants, cafeterias, restrooms, and any other facility of a public participating In financing this Contras. No assignment or reassignment
nature In the building in which the space covered by this Lease is w61 be recognized as valid and binding upon the Postal Servkx unless a
located. written notice of the assignment or reassgnment, together with a true
b. The Lessor agrees that he will not discriminate by segregation or copy of the instrument of assignment is filed with
otherwise against any person or persons because of rap,religion,color, 1.The contracting officer, and
age,sex,or national origin in furnishing,or by refusing to furnish,to such
person or persons the use of any facility including any and all services, 2.The surety or sureties upon any bonds.
pnvlieges,saanmodations,and activities provided thereby.
C- it isagreed that the Lessors noncompliance with the b. Except with the written consent of the Contracting Officer,
provisions of assignment of this contract or any interest in this contract other than in
this clause shad constitute a material breath of this Lease. In the event accordance with the provisions of this clause will be grounds for
of such noncompliance,the Postal Service may take appropriate action to urination of the contract for default et the option of the Posted Service.
to 'intoner carrwtiance, may terrrenate this lease, or may pursue such c Nothing contained herein shall be construed so as to prorate transfer
other remedies as may be provided by law. In the event of termination, of ownership of the demised premises, as such transfer is
the Lessor that be liable for all excess costs of the Postal Service in
solo icing
acquiring substitute space,including but not limited to the cost of moving subject to this agreement
to such space.
A.10 COMPLIANCE WITH OSHA STANDARDS
d. The Lessor agrees to include, or to require the inclusion of the
The Lessor must (I) fly with applicable Occupational a end
foregoing provisions of this clause(with the terms'Lessor"rend'Lease' Health Standards, title 29 Code of Federal Regulations, lead 1910,
appwhich
ly oth than agreement or coscor has the pursuant to promulgated pursuant to the authority of the Occupational Safety and
any person other than the•l.essar operates or has the fight to
operate any facility. The Lessor also agrees that it w61 take such action Health Act of 1970; (ii)comply with awry other applicable federal,state,
well respect to any such agreement as the Postal Service may direct as or total regulation governing worttplsce safety to the extent day ere not
a means of enforcing this clause,including but nor limited to termination in conflict with p):and(Ii)take all other proper precautions to protect the
of the agreement or concession. health and safety of (a) any laborer or mechanic employed by the
Lessor in performance of this agreement, (b)Postal Service smpioyees,
A.7 OFFICIALS NOT TO BENEFIT and (C) the public. The Lessor must Include this ctaurs in all
subcontracts hereunder and to require its inclusion in at subcontracts of
No member of or delegate to Congress may be admitted to any part or a lower tier. The term`Lessor'as used in this clause in any subcontract
share of this contract, or to any benefit arising from it. This prohibition must be deemed to refer to the subcontractor.
does not apply to the extent this contract is with a corporation for the
corporation's general benefit. A.11 EXAMINATION OF RECORDS
A.6 CONTINGENT FEES a. The Postal Servloe and es authorized representatives will,until three
years after final payment under this contract, or for any shorter period
a. The offeror warrants that no person or selling agency has been specified for particular records,have access to and the right to examine
employed or retained to solicit or obtain this contract upon an agreement any directly pertinent books,documents,papers,or other records of the
or understanding for a Comsnisslon,percentage,brokerage,or contingent contractor involving transactions related to this contract
fee,except bona fide employees or bona fide,established commercial or
seeing agencies maintained by the Lessor for the purpose of obtaining b. The contractor agrees to include in all sutxortitada under this
bwitless. contract a provision to the effect that the Postal Servioe and its
authorized representatives will, until three years after fire payment
b. For breach or violation of the warranty,the Postal Service has the under the subcontract, or for any shorter speafled period for particular
right to annul this contract without liability, or at its sole discretion, to records,have access to and the right to examine any directly pertinent
deduct from the contract price or consideration, or otherwise recover books, documents, papers, or other records of the subcontractor
from offeror the full amount of the commission, percentage,brokerage involving transactions retatad to the subcontract. The term'subcontract`
fee,or contingent fee. as used in this clause excludes:
c. Licensed real estate agents or brokers having listings on property for 1. Purchase orders:and
rent, in accordance with general business practice, end who have not
obtained such licenses for the sole purpose of effecting this lease,may 2. Subcontracts for public utility services at rates es11t•lislue0 for
to considered as bona fide employees or agencies wdhin the exception uniform applicability to the germrcl pub;iw
contained in this clause.
A.12 CLEAN AIR AND WATER
The contractor agrees:
RETERMS{Sept ore.vl.17,Wl A•2
UNITED STATES • Maintenance Rider
POSTAL SERVICE. USPS Responsibility (Partial)
a. If the Postal Service is assuming maintenance responsibility for the demised premises for the first time, the Lessor
must correct all maintenance deficiencies and obtain a written certification from a professional HVAC firm that the
heating,ventilating and air conditioning systems have been maintained and are in proper working condition. The Lessor
will remain responsible until all deferred maintenance work has been completed to the satisfaction of the Postal Service
and Postal Service Is in receipt of and accepts the aforementioned written certification.
b. The term"demised premises"as used in this rider includes the premises described in the Lease, the improvements
and appurtenances to such premises and all equipment and fixtures furnished, or to be furnished, by the Lessor under
this Lease,
c. The Postal Service is responsible for ordinary repairs to, and maintenance of the demised premises except for those
repairs that are specifically made the responsibility of the Lessor in this Lease. The responsibility of the Postal Service
as stated herein will be fulfilled at such time and in such manner as the Postal Service considers necessary to keep the
demised premises in proper condition.
d. The Lessor is responsible for.
(1)Repairs to all common or joint use areas, common or joint use equipment and fixtures that may be included as
part of this Lease.
(2)All repairs to structural elements and all parts of the roof system. The term"structural elements" as used In this
clause is limited to the foundation, bearing walls,floors(not including floor covering), and column supports. The roof
system includes, but is not limited to,the roof covering,flashing and insulation.
(3)Repairs resulting from Acts of God,of a public enemy,riot or insurrection.
(4)Inspection, prevention and eradication of termites and any other wood eating insects and for repairs of any
damage resulting therefrom.
(5)Repairs resulting from defects in building construction or Installation of equipment, fixtures, or appurtenances
furnished by the Lessor.
(6)Repairs resulting from fire or other casualties, unless such casualties were caused by the negligence of
employees or agents of the Postal Service.
(7)Any ordinary repairs by the Postal Service which were made necessary by the failure of any element for which the
Lessor is responsible.
e. When the need arises for repairs which are the responsibility of the Lessor,including any repairs or actions inr which
the Lessor is responsible under paragraph a. hereof, the Postal Service will (except In emergencies) give the Lessor
written notice of the needed repairs and will specify a reasonable deadline for completion of the work. A copy of such
notice will be sent by certified or registered mail to the Lessors mortgagee and assignee of monies due or to become
due pursuant to this Lease whose names and addresses have been furnished to the Postal Service by the Lessor. If
none of these parties (lessor, mortgagee or assignee) proceed with the work with such diligence so as to ensure
completion within the time specified in the notice (or any extension thereof granted at the sole discretion of the Postal
Service)or actually fails to complete the work within said time, the Postal Service has the right to perform the work, by
contract or otherwise, and withhold the cost of such work (which may include administrative cost and/or interest) from
payments due under this Lease. In addition, the Postal Service may proportionally abate the rent for any period the
demised premises, or any part thereof, are determined by the Postal Service to have been rendered unavailable to it by
reason of such condition. Altsrkati►ely, the Postal Service may, if the demised premises are determined to be unfit for
occupancy,at its sole discretion, cancel this Lease without liability.
Rl L1AINUfJIA. S) Ah-1
• a, UNITED STATES • • Tax Rider
POSTAL SERVICE. Reimbursement of Paid Taxes
Assessor's Parcel Number:
a. The Lessor agrees to pay all general real estate taxes levied on the land and buildings hereby demised. Upon final payment of
the annual taxes due,the Postal Service will reimburse the Lessor,as additional rent,for all general real estate taxes applicable to
any period of time within the term of this Lease. The Lessor shall pay the general real estate taxes covered herein at suci lime and
in such manner and amount as to obtain any discount allowed by the taxing authority and before any fine,penalty, interest,or coat
may be imposed for late or nonpayment. In the event the Lessor fails to pay the general real estate taxes at such time and in such
manner and amount end such failure results in the addition of any fine, penalty, interest,or cost to the amount of tax,or the loss of
any discount which would have been allowed by the taxing authority for prompt or early payment,the Lessor will be responsible and
liable for payment of such fine, penalty, interest, cost, or the amount of lost discount. The Postal Service will be liable only for
payment of the net taxes less such discount as would have been allowed for prompt or early payment. The Lessor must submit
satisfactory proof of payment and correctness of the tax bill with the claim for reimbursement Presentation of receipted tax bills must
be made to the office shown in paragraph (d) of this rider. General real estate taxes are those which are assessed on en ad
valorem basis,against all taxable real property in the taxing authority's jurisdiction without regard to benefit to the property, and for
the purpose of funding general government services. The Lessor must pay all assessment and fees of every kind and nature other
than general real estate taxes without reimbursement by the Postal Service. Assessments,'special assessments,'or like charges
are not considered general real estate taxes under the terms of this Lease.
b. If a part of the general real estate taxes applies to any period prior to the commencement of this Lease or subsequent to the
expiration of the term of this Lease and the remainder of the general real estate taxes applies to the period of time within the term of
this Lease, the Postal Service will be liable to reimburse the Lessor in the aforesaid manner for only that portion of said taxes
applying to the period of time within the term of this Lease.
c. In the event that general real estates taxes for any tax year or part thereof within the term demised apply to the land only,the
provisions of this entire article will be and remain operative in the same manner and to the same extent as though said taxes applied
to.both land and buildings.
d. The Lessor must furnish the Postal Service copies of alt notices which may affect the valuation of said land and buildings for
general real estate tax purposes or which may affect the levy or assessment of general real estate taxes thereon.
In the event that the Lessor does not furnish such notices relating to valuation changes,and a protest or appeal of this as assment
valuation in a subsequent year demonstrates that the valuation was excessive,the Lessor will be charged, retroactively,an amount
represented by the overpayment of taxes attributable to the excessive assessment,for the year that the lessee lost the opportunity
to appeal.
Such notices and tax bills must be delivered or mailed within three days from the receipt thereof by the Lessor to:
or to such other office as the Postal Service may later direct in writing.The Lessor must pay said general real estate taxes under
protest when requested to do so by the Postal Service. The Postal Service may contest the validity of any valuation for general real
estate tax purposes or of any levy or assessment of any general real estate taxes by appropriate legal proceedings either in the
name of the Postal Service or in the name of the Lessor or in the names of both. The Lessor, upon reasonable notice and request
by the Postal Service,must join In any proceedings, but will not be subject for the payment of penalties,costs,or legal expenses in
connection with any proceedings brought by the Postal Service. The Postal Service hereby covenants to Indemnify end save
harmless the Lessor from any such penalties,costs,or expenses.The Lessor must cooperate with the Postal Service in any such
proceeding and execute any document or pleadings required for such purpose provided the Lessor will be reasonably satisfied that
the fads and data set forth in such documents or pleaoings are accurate. •
e: As the payer of the general real estate taxes, the Postal Service is entitled to any and at monies obtained through refunds and
remissions of general real estate taxes that have been paid in any year subsequent to the commencement of the Lease. In the
event that any of the monies paid as general real estate taxes,in accordance with terms noted above,are refunded to the Lessor,as
a result of an assessment appeal or protest actions, the settlement of such action, or for any other reason whatsoever, such
refunded monies must be forwarded within ten days to the Postal Service. If Lessor is informed thot he is entitled to a refund or
remission of monies paid as general real estate taxes upon the submission of an application,the Lessor will promptly make and file
such application and upon receipt of such refund or remission, forward it within ten (10) days to the Postal Service. The Postal
Service reserves the right to offset refund and remission payments not so forwarded, against rental or other payments due the
Lessor.
RETAxs(A,.IOW) -1
Donna Bechler
From: Esther Gesick
Sent: Tuesday, July 19, 2011 4:39 PM
To: Donna Bechler
Subject: FW: CBOE Appeals
<-3O-r i-1( be s " t&W(Qa, n.ti,,t)
Esther E. Gesick
Deputy Clerk to the Board/Office Manager
915 10th Street
Greeley, CO 80631
tel: (970)336-7215 X4226
164 7011
w F Cad<c'a LINTY
i I
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: Wade Melies
Sent: Tuesday, July 19, 2011 3:48 PM
To: Courtney Anaya; Esther Gesick
Subject: FW: CBOE Appeals
Here are two withdrawals.
Thanks
Wade
From: Tom Downey [mailto:ted@downeymurray.com]
Sent: Tuesday, July 19, 2011 3:35 PM
To: Wade Melies
Cc: Sue Schield
Subject: RE: CBOE Appeals
Wade,
Thank you for forwarding the information and taking time to discuss these four appeals today.
Pursuant to our discussion, I look forward to receiving Stipulations on the following two properties:
1. R3575305, 385 Justin Av., Platteville. Bank. Stipulated at a value of$308,665.
2. R0013292, 150 Wells St, Erie, 5,472 sf post office. Stipulated at a value of$431,000.
This correspondence will also serve as notice of our withdrawal of the following two cboe petitions:
1. R7411598, 650 Glen Creighton Dr., Dacono. Post Office.
1
2. R0276895, 100 Johnstown Dr.,Johnstown, a 16,272 sf bank,with walkout basement.The Assessor reduced
the original value of$1,214,594 to $759,360 during the Protest period. Petitioner accepts the $759,360
value for 2011 and withdraws its cboe petition seeking any further reduction below$759,360 for 2011.
I trust that this email accurately reflects our discussions and agreements this afternoon. If I have missed something or
inaccurately stated something, please let me know immediately.
Thanks again for the detailed review and professional handling of these appeals. It was a pleasure to work with you
again.
Tom
Thomas E. Downey,Jr.
Downey& Murray LLC
383 Inverness Parkway
Suite 300
Englewood, CO 80112
Tele: (303)813-1111
Fax: (303)813-1122
The preceding e-mail message (including any attachments) contains information that may be confidential, be protected
by attorney-client or other applicable privileges, or constitute non-public information. It is intended to be conveyed only
to the designated recipient(s). If you are not an intended recipient of this message, please notify the sender by replying
to this message and then delete it from your system. Use, dissimination, distribution, or reproductin of this message by
unintended recipients is not authorized and may be unlawful.
FEDERAL TAX ADVISE DISCLAIMER: We are required by U.S. Treasury Regulations to inform you that, to the extent this
message includes any federal tax advice, this message is not intended or written by the sender to be used, and cannot
be used for the purpose of avoiding federal tax penalties.
From: Wade Melies Jmailto:wmelies@co.weld.co.usl
Sent:Tuesday, July 19, 2011 10:45 AM
To:Tom Downey
Subject: CBOE Appeals
Tom
I'd like to talk about the four accounts I handle that have been filed to CBOE. I'd like to give you some
information to review. Call anytime, I'm staying pretty close to my desk these days.
R3575305, 385 Justin Av., Platteville, a small 1,938 sf bank. At the assessor level an income approach was used I have
attach the rework of this income and the sale of a small bank in Erie.
R0276895, 100 Johnstown Dr., Johnstown, a 16,272 sf bank, with walkout basement. At the assessor level an income
approach was provided. I have attached the reworking of the income approach. I adjusted this at the assessor
level. This has a square footage issue
R0013292, 150 Wells St, Erie, 5,472 sf post office I reworked the income
2
R7411598, 650 Glen Creighton Dr., Dacono, 5,060 sf Post Office I reworked the income, note lease rate see attached
email
Thanks
Wade
Wade J. Melies
Commercial Appraiser
Weld County Assessor's Office
970-353-3845 ext 3672
wmelies@co.weld.co.us
8� 1 xaiI
4 )1:7/C
WEC.D C N T Y
u
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.
3
Hello