HomeMy WebLinkAbout20111986.tiff (it He
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4226
FAX: 0) 352-0242
1150150 O STREET
P. O. BOX 758
111kGREELEY, COLORADO 80632
COLORADO
August 26, 2011
MC MILLAN ROBERT L
14419 WEST BATTENBURG DR
BOISE, ID 83713
RE: THE BOARD OF EQUALIZATION, 2011, WELD COUNTY, COLORADO - STIPULATE
PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE
DESCRIPTION OF PROPERTY: ACCOUNT #: R0013292 PARCEL #: 146718312010 - ERI
24336-A L17-22 BLK 5
Dear Petitioner:
On July 26, 2011,the Board of County Commissioners of Weld County, Colorado, convened,
and acting as the Board of Equalization, pursuant to Section 39-8-101, C.R.S., et.seq., considered
the Stipulation on your petition of appeal of the County Assessor's valuation of your property
described above, for the year 2011.
The Stipulation was entered into between the Assessor and said petitioner(s), and accepted
by the Board of Equalization, agreeing that the assessment and valuation of the Weld County
Assessor be Stipulated as follows:
ACTUAL VALUE AS ACTUAL VALUE
DETERMINED BY AS STIPULATED
ASSESSOR
$437,760 $431,000
C'�'; 9ET(e7Lfer) 8-a6 dv// 20AS0986
MC MILLAN ROBERT L - R0013292
Page 2
If you have questions or need additional information, please do not hesitate to contact me at
(970) 336-7215, Extension 4226.
Very truly yours,
Wes- .)ds/i
Esther E. Gesick
Deputy Clerk to the Board
cc: Christopher Woodruff, Assessor
DOWNEY & MURRAY LLC
383 INVERNESS PARKWAY SUITE 300
ENGLEWOOD, CO 80112
2011-1986
AS0079
2011
COUNTY BOARD OF EQUALIZATION
WELD COUNTY
ASSESSOR'S ACCOUNT NUMBER R0013292
STIPULATION (As To Tax Year 2011 Actual Value)
RE PETITION OF
NAME: Mc Milian Robert L
ADDRESS: 150 Wells St.
Erie, CO
Petitioner(s), Mc Milian Robert L and the Weld County Assessor, hereby enter into
this Stipulation regarding the tax year 2011 valuation of the subject property, and jointly
move that the Board of Equalization to enter its order based on this Stipulation.
Petitioner(s) and the Assessor agree and stipulate as follows:
1. The property subject to this Stipulation is described as:
L17-22 BLK 5
2. The subject property is classified as Commercial
property.
3 The County Assessor originally assigned the following actual value to the subject
property for tax year 2011.
Land S 123.750
Improvements$ 314.000
Total S 437,760
4 After further review and negotiation, the petitioner(s) and Weld County Assessor
agree to the following actual value for the subject property
Land S 123.750
ImprovernentsS 307,250
Total S 431.000
2011-1986
5. The valuations, as established above, shall be binding only with respect to tax
year 2011.
6. Brief narrative as to why the reduction was made: Value was adjusted based
upon the general market prices per SQ. ft. that were in place in the base period,
additionally the income was considered as backup for the market.
7. Both parties agree that the hearing scheduled before the Weld County Board of
Equalization on n/a at n/a be vacated; or, a hearing has not yet been
scheduled before the Board of Equalization x (check if appropriate).
DATED this 19`" day of July, 2011.
-I-in/4D q ',11,29*&:,
Petitioner(s) or Attorney Petitioner(s) or Attorney
- > O��� A9
Address:
-
>«
Telephone _ / Telephone:
County Asses r •
Address:
1400 N.17th Avenue
Greeley, CO 80631
(970) 353-3845 ext. 3656
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
R0013292 2011 1333 ER124336-A L17-22 BLK 5
150 WELLS ST, ERIE
CC
Z MC MILLAN ROBERT L
14419 WEST BATTENBURG DR
r BOISE,ID 83713
W
0.
O
R
0.
ASSESSOR'S VALUATION
PROPERTY CLASSIFICATION ACTUAL VALUE PRIOR TO ACTUAL VALUE AFTER
REVIEW REVIEW
COMMERCIAL 437,760 437,760
TOTAL $437,760 $437,760
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
-
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 10th 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.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.)
$ I Irk Vd. .
What is the basis for your estimate of value or yorfr 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.) \ ,
e •
ATTESTATION
I, the undersigned owner or agent' of the property identified above, affirm that the statements contained
h ei/� ttachments hgr@to are true and� 3 010
complete.
aoa ,a-11 1 � AA
Signature *'eM Telephone Number Date
' Attach letter of authorization signed by property owner.
94
DOWNEY & MURRAY LLc
Thomas E.Downey,Jr.
ATTORNEYS AT LAW 303 813-III I
Ied(uydowneymurray.com
July 13, 2011
VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED
Weld County Board of Equalization
P.O. Box 758
Greeley, CO 80632
Re: 150 Wells Street
Schedule No. R0013292
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 14th or July 27th 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,
71;1114) 2241/14)X
Thomas E. Downey, Jr.
TED/ss
Enclosure
cc: McIntosh & Associates
383 Inverness Parkway Suite 300 I Englewood, Colorado 80112 0 fax 303 813-1122
EXHIBIT "A"
ATTACHMENT TO COUNTY BOARD OF EQUALIZATION PETITION OF
150 Wells Street, Erie, CO - Schedule No.: R0013292
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$407,778.
M
McIntosh & Associates, LLC
•
150 Wells St
County: Weld
Parcel: R0013292
Bldg Area 5,472 Per Assr
Year Built 1987
Income Approach
per SF
Potential Gross Income $ 42,924 $ 7.84 Per Lease
Vacancy&Collection Loss $ (2,146) 5.0%
Effective Gross Income $ 40,778
Operating Expenses $ (4,078) $ 0.75 10% Management Fees and other Operating Expenses
Net Operating Income $ 36,700
Capitalization Rate 9.00% (Includes real estate taxes)
Indicated Value $ 407,778 $ 75
FMV Assessment $ 437,760 $ 80
Assessment $ 126,950
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.
UNITED STATES
POSTAL SERVICE
Lease
ERIE-MAIN OFFICE (072898-003)
150 WELLS ST, ERIE, CO 80516-9998
UNITED STATES
POSTAL SERVICE. Lease
Facility Name/Location
ERIE-MAIN OFFICE(072898-003) County:WELD
150 WELLS ST, ERIE, CO 80516-9998 Project:E25331
This Lease made and entered into by and between ROBERT L MCMILLAN FMLY TRST hereinafter called the
Landlord, 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 Landlord hereby leases to the Postal Service and the Postal Service leases from the Landlord the following
premises, hereinafter legally described in paragraph 7, in accordance with the terms and conditions described herein
and contained in the'General Conditions to U.S. Postal Service Lease,'attached hereto and made a part hereof.
Upon which is a one-story,wood frame building and which property contains areas,spaces, improvements,and
appurtenances as follows:
AREA SO. FEET
Net Interior Floor Space 4,770
Exterior, Platform and Ramp 448
Exterior Parking, USPS 15,000
Total Site Area: 22,500
2. TO HAVE AND TO HOLD the said premises with their appurtenances for the following term:
FIXED TERM:The term becomes effective May 01,2007 with an expiration date of April 30,2012,for a total of 5
Years.
3. RENTAL: The Postal Service will pay the Landlord an annual rental of $42,924.00
"' Forty Two Thousand Nine Hundred Twenty Four 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 payable to:
ROBERT L MCMILLAN FMLY TRST
ROBERT L MCMILLAN TRUSTEE
AND MAURINE MCMILLAN TRUSTEE
14419 W BATTENBURG DR
BOISE, ID 83713-0948
unless the Contracting Officer is notified, in writing by Landlord, of any change in payee or address at least sixty (60)
days before the effective date of the change.
February 2004
1
•
�^ 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:
EFFECTIVE DATE EXPIRATION DATE PER ANNUM RENTAL
05/01/2012 04/30/2017 $47,388.00
provided that notice is sent, in writing,to the Landlord at least 30 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. OTHER PROVISIONS:The following additional provisions, modifications,riders, layouts, and/or forms were agreed
upon prior to execution and made a part hereof:
Utilities Services & Equipment Rider, Maintenance Rider-USPS Responsibility, Reimbursement of Paid Taxes
Rider, Mortgagee's Agreement.
See Attached Addendum.
6. TERMINATION: •
None, except as specified elsewhere in this Lease.
7. LEGAL DESCRIPTION:
Lots 17 through 22 of Block 5,Town of Erie, County of Weld, State of Colorado, and known locally as 150 Wells
Street,Erie,Colorado 80516-9998.
Parcel# 146718312010
February 2004 2
aUNITED STATES
POSTAL SERVICE Addendum
Fadlity NameiLoeatlon
ERIE- MAIN OFFICE(072898-003) County: WELD
150 WELLS ST, ERIE, CO 80516-9998 Project E25331
General Conditions Paragraph 9, Hazardous/Toxic Conditions Clause is deleted in its entirety and is replaced with the
attached Exhibit A,Alternate Language for the General Conditions, Page 2&3, Paragraph 9.
February 2004
3
EXHIBIT A
ALTERNATE LANGUAGE FOR THE GENERAL CONDITIONS, PAGE 2&3,Paragraph 9.
9. HAZARDOUS/TOXIC CONDITIONS CLAUSE
"Asbestos containing building material* (ACBM) means any material containing more than 1% asbestos as
determined by using the method specified in 40 CFR Part 763, Subpart E, Appendix E. "Friable asbestos
material' means any ACBM that when dry, can be crumbled, pulverized, or reduced to powder by hand
pressure.
Thetaandtord mustidentify and disclose;to tfie best britstchowledge—the presence;location and quantity of
all ACBM or presumed asbestos containing material (PACM) which includes all thermal system insulation,
sprayed on and troweled on surfacing materials,and asphalt and vinyl flooring material unless such material
has been tested and identified as non-ACBM. The Landlord agrees to disclose,to the best of its knowledge,
any information concerning the presence of lead-based paint, radon above 4 pCi/L,and lead piping or solder
in drinking water systems in the building,to the Postal Service.
Sites cannot have any contaminated soil or water above applicable federal, state or local action levels or
undisclosed underground storage tanks. Unless due to the act or negligence of the Postal Service, if
contaminated soil, water, underground storage tanks or piping or friable asbestos material or any other
hazardous/toxic materials or substances as defined by applicable Local, State or Federal law are
subsequently identified on the premises,the Landlord agrees to remove such materials or substances upon
notification by the Postal Service at Landlord's sole cost and expense in accordance with EPA and/or State
guidelines; prior to accomplishing this task, Landlord must seek written approval by the USPS Contracting
Officer of the contractor and scope of work, such approval not to be unreasonably withheld. If ACBM is
subsequently found in the building which reasonably should have been determined, identified, or known to
the Landlord, the Landlord agrees to conduct, at Landlord's sole expense, an asbestos survey pursuant to
the standards of the Asbestos Hazard Emergency Response Act (AHERA);establish an Operations and
Maintenance (O&M) plan for asbestos management, and provide the survey report and plan to the Postal
Service. If the Landlord fails to remove any friable asbestos or hazardous/toxic materials or substances, or
fails to complete an AHERA asbestos survey and O&M plan,the Postal Service has the right to accomplish
the work and deduct the cost plus administrative costs, from future rent payments or recover these costs
from Landlord by other means, or may,at its sole option, cancel this Lease. In addition,the Postal Service
may proportionally abate the rent for any period the premises, or any part thereof, are determined by the
Postal Service to have been rendered unavailable to it by reason of such condition.
The Landlord hereby Indemnifies and holds harmless the Postal Service and its officers, agents,
representatives, and employees from all claims, loss, damage, actions, causes of action, expense, fees
and/or liability resulting from,brought for,or on account of any violation of this clause.
The remainder of this clause applies if this Lease is for premises not previously occupied by the Postal
Service.
By execution of this Lease the Landlord certifies:
a. that,to the best of its knowledge, the property and improvements are free of all contamination from
petroleum products or any hazardous/toxic or unhealthy materials or substances,including friable asbestos'
materials,as defined by applicable State or Federal law;
b. that,to the best of its knowledge,there are no undisclosed underground storage tanks or associated
piping,ACBM, radon,lead-based paint,or lead piping or solder in drinking water systems,on the property;
and
c. it has not received,nor is it aware of,any notification or other communication from any governmental or
regulatory entity concerning any environmental condition,or violation or potential violation of any local,state,
or federal environmental statute or regulation,existing at or adjacent to the property.
aUNITED STATES Lease
POSTAL SERVICE.
EXECUTED BY LANDLORD this ,&0 day of l: JaA t(&
INDIVIDUAL,ADMINISTRAT0R, 0R TRUSTEE
By executing this Lease, Landlord certifies that Landlord is not a USPS employee or contract employee(or an
immediate family member of either), or a business organization substantially owned or controlled by a USPS employee
or o rad plo e r n i a t,'famiy tuber of either).
��1_ �,iP Mt,' rad/f�C'�
Name &Title: Robert L. McMillan Trustee Name&Title:
`f t(
Name &Title: Maurine McMillan Trus ee Name&Title:
Landlord's Address: ROBERT L MCMILLAN TRUSTEE AND MAURINE MCMILLAN TRUSTEE 14419 W BATTENBURC
BOISE, ID 83713-0948
Telephone No.: (208)938-0319 Fax No.: Tax ID: -XX-4313
E-mail Address:
Witness Witna0s
a. All co-owners and all other persons having or to have a legal interest in the property must execute the Lease. If the
Landlord is married, the husband or wife of the Landlord must also execute the lease. The Landlord must submit
adequate evidence of title.
b. Where the Landlord is an administrator or an executor of an estate,there must be furnished a certificate of the clerk
of the court or certified copy of the court order showing the appointment of the administrator or executor, together
with a certified copy of the will of the deceased. If there is no will, or in the event the will of the deceased does not
specifically authorize the administrator or the executor to enter into a contract to lease the proposed quarters, it will
generally be necessary to furnish, in addition to the above named items, a certified copy of the court order
authorizing such administrator or executor to enter into a lease with the Postal Service.
c. Where the Landlord is a trustee, a certified copy of the instrument creating the trust must be furnished together with
any other evidence necessary to establish the trustee's authority to lease.
d. Any notice to Landlord provided under this Lease or under any law or regulation must be in writing and submitted to
Landlord at the address specified above, or at an address that Landlord has otherwise appropriately directed in
writing. Any notice to the Postal Service provided under this Lease or under any law or regulation must be in writing
and submitted to"Contracting Officer, U.S. Postal Service'at the address specified below,or at an address that the
Postal Service has otherwise directed in writing.
ACCEPTANCE BY THE POSTAL
GREG EY
3 pOJ MRNN a�
Date t/ Contracting Officer Sig/ TT' Contra ,• Officer
Western FSO WESTERN FSO 160 INVERNESS DRIVE WEST SUITE � r r, ' EWOOD,CO 80112-5005
Address of Contracting Officer
February 2004 3
UNITE
POSTAL
SERVICE STATES
POSTAL General Conditions to USPS Lease
1. CHOICE OF LAW •
This Lease shall be governed by federal law.
2. RECORDING
Not Required
3. MORTGAGEE'S AGREEMENT
If there is now or will be a mortgage on the property which is or will be recorded prior to the recording of the Lease,the Landlord must notify the
contracting officer of the facts concerning such mortgage and,unless in his sole discretion the contracting officer waives the requirement,the Landlord
must furnish a Mortgagee's Agreement.which will consent to this Lease and shall provide that,in the event of foreclosure,mortgagee,successors,
and assigns shall cause such foreclosures to be subject to the Lease.
4. ASSIGNMENTS
a.The terms and provisions of this Lease and the conditions herein are binding on the Landlord and the Postal Service, and all heirs,executors,
administrators,successors,and assigns.
b. If this contract provides for payments aggregating$10,000 or more,claims for moneys due or to become due from the Postal Service under it may
be assigned to a bank,trust company,or other financing institution,including any federal lending agency,and may thereafter be further assigned and
reassigned to any such institution. Any assignment or reassignment must cover all amounts payable and must not be made to more than one party,
except that assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in financing this contract
No assignment or reassignment will be recognized as valid and binding upon the Postal Service unless a written notice of the assignment or
reassignment,together with a true copy of the instrument of assignment,is filed with:
1. the contracting officer;and
2. the surety or sureties upon any bond.
c. Assignment of this contract or any interest in this contract other than in accordance with the provisions of this clause will be grounds for termination
of the contract for default at the option of the Postal Service.
d. Nothing contained herein shall be construed so as to prohibit transfer of ownership of the demised premises,provided that:
1.such transfer is subject to this Lease agreement;
2,both the original Landlord and the successor Landlord execute the standard Certificate of Transfer of Title to Leased Property and Lease
Assignment and Assumption form to be provided by the USPS Contracting Officer,and
3.this Lease may not be assigned or ownership of the property transferred before commencement of the fixed term,without the prior written
consent of the Postal Service.
5. APPLICABLE CODES AND ORDINANCES
The Landlord, as part of the rental consideration,agrees to comply with all codes and ordinances applicable to the ownership and operation of the
building in which the rented space is situated and to obtain all necessary permits and related Items at no cost to the Postal Service. When the Postal
Service or one of its contractors(other than the Landlord)is performing work at the premises,the Postal Service wIM be responsible for obtaining all
necessary and applicable permits,related items.and associated costs.
6. SUBLEASE
The Postal Service may sublet all or any part of the premises or assign this lease but shall not be relieved from any obligation under this lease by
reason of any subletting or assignment.
7. RESTORATION AND ALTERATIONS
a.Upon written notification by Landlord within 30 days of the expiration or termination of this Lease,the Postal Service shall restore the premises to a
'broom clean' and usable condition, excepting the following: reasonable and ordinary wear and lear' and damages by the elements or by
circumstances over which the Postal Service has no control. If Landlord provides the above notice,the Postal Service and Landlord shall negotiate
and reach agreement on necessary items of restoration and the reasonable cost for restoration;the Postal Service shall pay Landlord this agreed-
upon amount and shall have no further restoration duties under this Lease.
b.The Postal Service shall have the right to make alterations,attach fixtures and erect additions,structures or signs in or upon the premises hereby
leased(provided such alterations,additions,structures,or signs shall not be detrimental to or Inconsistent with the rights granted to other tenants on
the property or In the building In which said premises are located);which fixtures,additions or structures so placed in, upon or attached to the said
premises shalt be and remain the property of the Postal Service and may be removed or otherwise disposed of by the Postal Service.
February 2004 GC-1
ED�i�' uNn'1LSERVC General Conditions to USPS Lease
�PDSTdL SERVICE
8. CLAIMS AND DISPUTES
a. This contract is subject to the Contract Disputes Act of 1978(41 U.S.C.601-613)("the Act).
b. Except as provided in the Ad,all disputes arising under or relating to this contract must be resolved under this clause.
c. 'Claim,'as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right,the
payment of money In a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract.
However,a written demand or written assertion by the Landlord seeking the payment of money exceeding$100,000 is not a claim under the Act until
certified as required by subparagraph d below. A voucher,invoice,or other routine request for payment that is not in dispute when submitted is not a
claim under the Act. The submission may be converted to a claim under the Act by complying with the submission and certification requirements of
this clause,if it is disputed either as to liability or amount or is not acted upon in a reasonable time.
d. A Gain by the Landlord must be made in writing and submitted to the contracting officer for a written decision. A claim by the Postal Service
against the Landlord is subject to a written decision by the contracting officer. For Landlord claims exceeding$100,000,the Landlord must submit
with the claim the following certification:
'I certify that the claim is made in good faith,that the supporting data are accurate and complete to the best of my knowledge and belief,that
the amount requested accurately reflects the contract adjustment for which the Landlord believes the Postal Service is liable, and that I am
duly authorized to certify the claim on behalf of the Landlord.'
The certification may be executed by any person duly authorized to bind the Landlord with respect to the claim.
e. For Landlord claims of$100,000 or less,the contracting officer must,if requested in writing by the Landlord,render a decision within 60 days of the
request For Landlord-certified claims over$100,000,the contracting officer must,within 60 days,decide the claim or notify the Landlord of the date
by which the decision will be made.
f. The contracting officer's decision is final unless the Landlord appeals or files a suit as provided in the Act.
g. When a claim is submitted by or against a Landlord, the parties by mutual consent may agree to use an alternative dispute resolution (ADR)
process to assist in resolving the claim. A certification as described in subparagraph d of this clause must be provided for any claim,regardless of
dollar amount.before ADR is used.
h. The Postal Service will pay interest on the amount found due and unpaid from:
1.the date the contracting officer receives the claim(properly certified if required);or
2.the date payment otherwise would be due,if that date is later,until the date of payment
i. Simple Interest on claims will be paid at a rate determined in accordance with the Act.
j. The Landlord must proceed diligently with performance of this contact,pending final resolution of any request for relief,claim,appeal,or action
arising under the contract,and comply with any decision of the contracting officer.
9. HAZARDOUS/TOXIC CONDITIONS CLAUSE
bestos containing building material'(ACBM)means any material containing more than 1%asbestos as determined by using the method specified
in 4 Part 763,Subpart E,Appendix E.'Friable asbestos material-means any ACBM that when dry,can be crumbled,pulverized,or reduced to
powder by ressure.
The Landlord must iden d disclose the presence,location and quantity of all ACBM or presumed asbestos containing material(PACM)which
includes all thermal system in ,sprayed on and troweled on surfacing materials,and asphalt and vinyl flooring material unless such material
has been tested and identified as non- M. The Landlord agrees to disclose any information concerning the presence of lead-based paint,radon
above 4 pCi/L,and lead piping or solder in d water systems in ttq buildl0g1g,Me Postal Service.
Sites cannot have any contaminated soil or water above ieable federal,state or local action levels or undisclosed underground storage tanks.
Unless due to the act or negligence of the Postal Service,if con led soil,water,underground storage tanks or piping or friable asbestos material
or any other hazardousrtoxlc materials or substances as defined b liable Local, State or Federal law are subsequently Identified on the
premises,the Landlord agrees to remove such materials or substances upon ton by the Postal Service at Landlord's sole cost and expense in
accordance with EPA and/or State guidelines;prior to accomplishing this task,Lan ust seek written approval by the USPS Contacting Officer
of the contractor and scope of work,such approval not to be unreasonably withheld. If A subsequently found in the building which reasonably
should have been determined,identified,or known to the Landlord,the Landlord agrees to co t Landlord's sole expense,an asbestos survey
pursuant to the standards of the Asbestos Hazard Emergency Response Act (AHERA),establish an Dons and Maintenance (OW) plan for
asbestos management, and provide the survey report and plan to the Postal Service. If the Landlord fa remove any friable asbestos or
hazardous/toxic materials or substances, or fails to complete en AHERA asbestos survey and O8M plan, the Service has the right to
accomplish the work and deduct the cost plus administrative costs,from future rent payments or recover these costs from rd by other means,
or may,at its sole option,cancel this Lease. In addition,the Postal Service may proportionally abate the rent for any period the p ' s,or any part
thereof,are determined by the Postal Service to have been rendered unavailable to it by reason of such condition.
February 2004 GC-2
UNITED STATES General Conditions to USPS Lease
POSTAL SERVICE.
•
T lord hereby indemnifies and holds harmless the Postal Service and its officers,agents,representatives,and employees from all claims,loss,
damage,a uses of action,expense,fees and/or liability resulting from,brought for,or on account of any violation of this clause.
The remainder of this clause a this Lease is for premises not previously occupied by the Postal Service.
By execution of this Lease the Landlord certifies: OF
-1J
a. the property and improvements are free of all contamination from um products or any hazardous/toxic or unhealthy materials or
substances,including friable asbestos materials,as defined by applicable Sta eral law;
b. there are no undisclosed underground storage tanks or associated piping,ACBM,radon,lea - aint,or lead piping or solder in drinking
water systems,on the property;and
c. it has not received,nor is It aware of,any notification or other communication from any governmental or regulatory entity co any
environmental condition,or violation or potential violation of any local,state,or federal environmental statute or regulation,existing at or nt to
the property.
10. FACILITIES NONDISCRIMINATION
a. By executing this Lease,the Landlord certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of
its establishments,and that it does not and will not permit its employees to perform services at any location under its control where segregated
facilities are maintained.
b. The Landlord will insert this clause in aU contracts or purchase orders under this Lease unless exempted by Secretary of Labor rules,regulations,
or orders issued under Executive Order 11246.
11. CLAUSES REQUIRED TO IMPLEMENT POLICIES,STATUTES,OR EXECUTIVE ORDERS
The following clauses are incorporated in this Lease by reference. The text of incorporated terms may be found in Appendix B of the Postal Service's
Purchasing Manual,accessible at www.usps.com/business.
Clause 1.5,Gratuities or Gifts(January 1997)
Clause 1-6,Contingent Fees(January 1997)
Clause 9-3,Davis-Bacon Act(January 1997)1
Clause 9-7,Equal Opportunity(January 1997)2
Clause 9-13,Affirmative Action for Handicapped Workers(January 1997)2
Clause 9-14,Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era(January 1997)'
Clause B-25,Advertising of Contract Awards(January 1997)
Note: For purposes of applying the above standard clauses to this Lease,the terms'supplier;'contractor,'and'lessor are synonymous with
'Landlord,'and the term'contract'is synonymous with'Lease'
'For premises with net interior space in excess of 6,500 SF and Involving construction work over$2,000.
2 For leases aggregating payments of$10,000 or more.
'For leases aggregating payments of$2,500 or more.
For leases aggregating payments of 510,000 or more.
February 2004 GC-3
UNITED STATES
POSTAL SERVICE Maintenance Rider
USPS Responsibility (Partial)
Facility Namellocation
ERIE-MAIN OFFICE (072898-003) County:WELD
150 WELLS ST, ERIE, CO 80516-9998 Project: E25331
1. The Postal Service shall maintain the demised premises (including repair and replacement of items, if necessaryJ, ,
except for those items specifically made the responsibility of the Landlord in Paragraph 3 below. 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.
2. 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 Landlord
under this Lease.
3. During the continuance of the Lease, the Landlord is responsible for maintenance of, repairs to, and, if necessary,
replacement of:
a. All common or joint use interior and exterior areas and common or joint use equipment and systems that may
be included as part of this lease.
b. All structural elements, including but not limited to: the foundation; column supports; bearing walls; floors, not
including floor covering.
c. All parts of the roof system including, but not limited to:the roof covering; flashing and insulation; roof beams,
joists, and deck; soffit and facia; and gutters and downspouts. The Postal Service will be responsible for
regular cleaning of gutters and downspouts.
d. Damage resulting from termites and any other wood-eating insects, including inspection, prevention and
eradication.
e. Defects in building construction or installation of equipment, fixtures, or appurtenances furnished by the
Landlord.
f. Damage from fire or other casualties, unless such casualties were caused by the negligence of employees or
agents of the Postal Service.
g. Items of repair performed by the Postal Service due to the failure of any element for which the Landlord is
responsible.
h. Any water system or sewer system (including any inspections that may be required). The Postal Service will be
responsible for any necessary pumping and cleaning of the sewer system.
4. If the demised premises or any portion thereof are damaged or destroyed by fire or other casualty,Acts of God, of a
public enemy, riot or insurrection, vandalism, or are otherwise determined by the Postal Service to be unfit for use
and occupancy, or whenever there is a need for maintenance, repair, or replacement which is the Landlord's
obligation under this Maintenance Rider, the Postal Service will require the Landlord to rebuild or repair the
premises as necessary to restore them to tenantable condition to the satisfaction of the Postal Service. The Postal
Service will, except in emergencies, provide the Landlord with written notice stating a reasonable time period for
completion of all necessary repairs. (A copy of any such notice shall be sent to the Landlord's mortgagee and any
assignee of monies due or to become due under this Lease whose names and addresses have been furnished to
the Postal Service by the Landlord. Failure to give such written notice to the Landlord or to the mortgagee or
assignee shall not affect the Postal Service's rights to recover expended costs under this provision, provided that
the costs expended by the Postal Service are reasonable in amount.) The Postal Service, acting through the
Contracting Officer, may proportionately abate the rent for any period the premises, or any part thereof, are
determined by the Postal Service to have been rendered untenantable,or unfit for use and occupancy, by reason of
such condition.
If the Landlord (or the mortgagee or assignee, on behalf of the Landlord) fails to prosecute the work with such
diligence as will ensure its completion within the time specified in the notice (or any extension thereof as may be
granted at the sole discretion of the Postal Service), or fails to complete the work within said time, the Postal
Service shall have the right to perform the work (by contract or otherwise), and withhold the cost plus any
administrative cost and/or interest,from rental payments due or to become due under this Lease.
February 2004 MP-1
laUNITEDSTATES
POSTAL SERVICE. Maintenance Rider
USPS Responsibility (Partial)
Alternatively, the Contracting Officer may, if the demised premises are determined to be untenantable or unfit for
use or occupancy,with reasonable discretion, cancel this Lease in its entirety,without liability.
The remedies provided in this section are non-exclusive and are in addition to any remedies available to the Postal
Service under applicable law.
5. The Landlord must:
a. comply with applicable Occupational Safety and Health Standards,title 29 Code of Federal Regulations(CFR)
(including but not limited to Parts 1910 and 1926), promulgated pursuant to the authority of the Occupational
Safety and Health Act of 1970 (OSHA); and
b. comply with any other applicable federal, state, or local regulation governing workplace safety to the extent
they are not in conflict with a; and
c. take all other proper precautions to protect the health and safety of:
(1) any laborer or mechanic employed by the Landlord in performance of this agreement;
and
(2) Postal Service employees;and,
(3) the public.
The Landlord must include this clause in all subcontracts hereunder and require its inclusion in all subcontracts of a
lower tier. The term 'Landlord° as used in this clause in any subcontract must be deemed to refer to the
subcontractor.
MP-2
February 2004
��-, UNITED STATES Tax Rider
POSTAL SERVICE. Reimbursement of Paid Taxes
Facility Name/Location
ERIE-MAIN OFFICE (072898-003) County: WELD
150 WELLS ST, ERIE, CO 80516-9998 Project: E25331
Assessors Parcel Number. 146718312010
a. Definitions
Ad Valorem means according to the value of the property.
Property Tax Rate is an amount expressed as dollars and cents per$100.00 or per$1,000.00 of assessed value
or as mills per$1.00 of assessed value as set by authorities for tax jurisdictions.
Real Property Taxes, as used in this clause, shall mean those taxes, including Ad Valorem taxes, special
assessments, fees and charges, that are assessed against any or all taxable real property appearing on the
assessment roll or list in a taxing authority's jurisdiction and that are identified by a taxing authority for the support
of government activities within its jurisdiction,whether such activities are general or specific. Real Property Taxes
also include administrative charges or fees imposed by a taxing authority for the support of its tax assessment
and collection activities.
b. The Landlord agrees to pay all taxes of any kind, including Real Property Taxes, and charges and fees of every
kind and nature levied on the demised premises.
c. The Postal Service will reimburse Landlord for paid Real Property Taxes, as defined above, only under the following
terms:
1. Landlord may submit not more than one request for reimbursement in any calendar year, irrespective of the
number of taxing authorities included; and reimbursement will be made not more than one time annually by
the Postal Service.
2. No reimbursement will be made for fines,penalties, interest or costs imposed for late payment.
3. Reimbursement will be made only for paid taxes, less the maximum discount allowed by the taxing authority
for prompt or early payment,regardless of whether Landlord actually received any such discount.
4. Reimbursement will be made only for taxes levied for periods of time within the term of this Lease.
5. In order to qualify for reimbursement, the tax bill as issued by the taxing authority must pertain only to the
demised premises,and to no other real property.
6. Landlord must provide copies of the front and back of the complete tax bill issued by the taxing
authority, along with satisfactory proof of payment. Satisfactory proof of payment shall be (i) a receipt for
payment shown on the face of the tax bill, (ii) a copy of the front and back of the canceled payment check, (iii)
a statement from a lender verifying payment of the tax, or (iv) other documentation satisfactory to the Postal
Service.
7. Incomplete or improper requests for reimbursement will be returned to Landlord without payment.
B. Landlord agrees to submit a request for reimbursement of taxes within 18 months atter the close of the
tax year. In the event Landlord falls to submit Its request for reimbursement within that time period,
the USPS Is not required to reimburse paid taxes.
d. The Landlord must promptly furnish to the Postal Service copies of all notices that may affect the valuation of the
demised premises for Real Property Tax purposes or that may affect the levy or assessment of Real Property
Taxes thereon. If Landlord does not timely furnish such notices relating to valuation changes or the levy or
assessment of taxes or fails to meet any legal prerequisite for appeal and the Postal Service loses the right to
contest the validity or the amount of the taxes, then the Postal Service shall be responsible to reimburse Landlord
for only 75%of the reimbursable taxes due for the year involved.
T-1
February 2004
c UN!TED STATES Tax Rider
POSTAL SERVICE. Reimbursement of Paid Taxes
All notices required under this paragraph must be delivered or mailed, using certified mail with a return receipt or
other verified method of delivery,within ten(10)days from the receipt thereof by the Landlord to:
CONTRACTING OFFICER
Western FSO
WESTERN FSO 160 INVERNESS DRIVE WEST SUITE 400
ENGLEWOOD, CO 80112-5005
or to such other office as the Postal Service may later direct in writing.
e. The Postal Service may contest the validity of any valuation for Real Property Tax purposes or of any levy or
assessment of any Real Property Taxes by appropriate proceedings either in the name of the Postal Service or of
the Landlord or in the names of both. Notwithstanding any contest of valuation, levy, assessment, or Property Tax
Rate, Landlord must pay under protest the Real Property Taxes involved when requested to do so by the Postal
Service. The Landlord, upon reasonable notice and request by the Postal Service, must join in any proceedings,
must cooperate with the Postal Service,and must execute and file any documents or pleadings as the Postal Service
may require for such proceeding, provided the Landlord is reasonably satisfied that the facts and data contained
therein are accurate. Landlord will not be responsible for the payment of penalties, costs, or legal expenses in
connection with any protest or appeal proceedings brought by the Postal Service, and the Postal Service will
indemnify and save harmless the Landlord from any such penalties, costs,or expenses. Landlord hereby authorizes
the Postal Service as its agent to represent its interest in any appeal or protest proceeding authorized under this
paragraph.
f. Landlord shall promptly notify the Postal Service of any appeal or other action it takes or initiates to adjust any
valuation of the property, Property Tax Rate, or levy or assessment of Real Property Taxes. The Postal Service is
entitled to any and all monies obtained through such actions or any other refunds or remissions of Real Property
Taxes paid in any year subsequent to the commencement of the lease. If any such refunded or remitted monies are
paid or delivered to Landlord, Landlord must immediately forward them to the Postal Service. If Landlord is informed
that he is entitled to a refund or remission of monies paid as Real Property Taxes upon the submission of an
application, Landlord will promptly make and file such application, and upon receipt of such refund or remission,
immediately forward it to the Postal Service. The Postal Service reserves the right to offset refund and remission
payments not so obtained or forwarded, against rental or other payments due the Landlord.
g. The Postal Service is entitled to the benefits of all tax exemptions or abatements authorized by law or regulation
that may be available with respect to the demised premises. Landlord shall take all necessary steps to obtain such
exemptions or abatements. The Postal Service reserves the right to offset against rental or other payments due the
Landlord the amount or value of any abatement or exemption that would have been available if Landlord had
properly applied for it, and any amount for which the Postal Service is not to be responsible under paragraph (d),
above.
h. Nothing herein contained shall operate to waive or deprive the Postal Service of any rights, privileges or immunities it
enjoys under law.
T-2
February 2004
UNITED STATES
POSTAL SERVICE Utilities, Services, & Equipment Rider
Facility Name/Location
ERIE- MAIN OFFICE (072898-D03) County:WELD
150 WELLS ST, ERIE, CO 80516-9998 Project: E25331
1. HEAT
Landlord must furnish heating system in good working order, in accordance with the Maintenance Rider,
during the continuance of the lease.Any investigative or remediation cost associated with a release of fuel
from the system, including any fuel tank,shall be the responsibility of the Landlord, unless the release is
caused by the act or negligence of the Postal Service. The Postal Service pays all recurring fuel charges,
provided such charges are separately metered for postal consumption.
2. AIR CONDITIONING
Landlord must furnish air conditioning equipment in good working order,in accordance with the Maintenance
Rider,during the continuance of the lease. The Postal Service pays for recurring charges for power for the
equipment, provided the power is separately metered for postal consumption.
3. ELECTRICITY
Landlord must furnish a separately metered electrical system in good working order for the demised
premises, in accordance with the Maintenance Rider,during the continuance of the lease. The Postal
Service will pay all recurring electric bills.
4. LIGHT
Landlord must provide light fixtures in good working order, in accordance with the Maintenance Rider,during
the continuance of the lease. Landlord is not responsible for replacement of light bulbs.
U-1
February 2004
UNITED STATES
POSTAL SERVICE. Utilities, Services, & Equipment Rider
5. WATER
Landlord must furnish a potable water system in good working order, in accordance with the Maintenance
Rider, during the continuance of the Lease. The Postal Service pays for all recurring water bills during the
continuance of the Lease, provided a separate meter or separate invoice is furnished by the appropriate
authority.
6. SEWER
Landlord must furnish a sewer system in good working order, in accordance with the Maintenance Rider,
during the continuance of the Lease. The Postal Service pays for all recurring sewer bills during the
continuance of the Lease, provided a separate meter,or separate invoice is furnished by the appropriate
authority.
7. TRASH
The Postal Service agrees to furnish and pay for all trash removal for the demised premises during the
continuance of the Lease.
8. SNOW
The Postal Service agrees to furnish and pay for the snow removal from the sidewalks, driveway, parking and
maneuvering areas,and any other areas providing access to the postal facility for use by postal employees,
contractors, or the public(including, but not limited to, stairs, handicap access ramps, carrier ramps,etc.)
during the continuance of the Lease.
U-2
February 2004
UNITED STATES
s POSTALSERVICE Mortgagee's Agreement
(To be executed and attached to lease)
Facility Name/Location
ERIE-MAIN OFFICE (072898-003) County:WELD
150 WELLS ST, ERIE, CO 80516-9998 Project: E25331
The undersigned, Holder(s)of a mortgage(or similar encumbrance,such as a Deed of Trust), in the sum of
on the property situated at:
hereby consent(s)to the leasing of s id pro%arty the Postal Service and agrees)for itself, its successors,
executors, administrators,and assigns ha ' the eve it sho d become necessary to:
a)foreclose said mortgage or similar' cumb rice,the Mortgagee will cause the sale of said premises to be made
subject to said lease:or,
b)take any other action terminating the mortgage or transferring title,the Mortgagee will cause such action to be
made subject to said lease.
MORTGAGEE
Name of Mortgage Company
By:
Witness Signature of Mortgagee's Officer
Its:
Title of Mortgagee's Officer
Street Address
City,State and ZIP+4
Subscribed and Sworn to before me, a notary public, in and for County, State of
this day of ,
Notary Public
My commission expires i
February 2004 M-1
a, UNITED STATES Exercise of Renewal Option
POSTAL SERVICE.
Facility Name/Location:
ERIE-MAIN OFFICE (072898-003) County : Weld
150 WELLS ST, ERIE, CO 80516-9997 Lease: E00000181196
To
ROBERT L MC MILLAN AND Certified Mail #
MAURINE MC MILLAN 70060100000125427951
14419 W BATTENBURG DR
BOISE. ID 83713-0948
Issuing Office
160 INVERNESS DR W
ENGLEWOOD, CO 80112-5005
Date of Existing Lease: 03/30/2006
The existing Lease has no amendments.
Pursuant to the Lease covering this facility, the Postal Service hereby exercises its option to renew said
Lease as follows:
Term: 5 Years From (Date):05/01/2012 To (Date): 04/30/2017 Annual Rate: $47,388.00
In all other respects, the said Lease shall remain the same and is hereby confirmed.
Remarks
Exercising last available five year renewal option.
Thank you for providing this property for Postal use.
Date Name of Contracting Officer Signature
01/05/2011 Candace Kinne
Renewalopt 01/2005
Hello