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Home My WebLink About20112159.tiff d CLERK TO THE BOARD PHONE (970) 336-7215 EXT 4226 FAX: ( 352-0242 915 10TH STREET STREET P.O. BOX 758 GREELEY, COLORADO 80632 wilgC. COLORADO August 12, 2011 PRO-BUILD REAL ESTATE HOLDINGS LLC 7595 TECHNOLOGY WAY STE 500 DENVER, CO 80237 Parcel No.: 080530200007 Account No.: R1365002 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Petitioner(s): Based upon information furnished to the Weld County Board of Equalization, we understand that you have withdrawn the petition challenging the valuation of the above Account number. Please be informed that a withdrawn petition precludes any further challenge to the valuation of the above Account number for this assessment period.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 MARVIN F. POER AND COMPANY 410 17 ST SUITE 1175 DENVER, CO 0 / 2011-2159 dl), ti /eliki) 8- /02-tn AS0079 V h _ 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 R1365002 2011 4523 PT W2NW4 30-6-66 LOT B REC EXEMPT 0805302110001 RE-3181 (.55R) - r�a i PRO-BUILD REAL ESTATE HOLDINGS LLC - 3 7595 TECHNOLOGY WAY STE 500 �_ - Tri DENVER,CO 80237 -, w w a • cc C ASSESSOR'S VALUATION ., 1_„(. PROPERTY CLASSIFICATION ACTUAL VALUE PRIOR TO ACTUAL VALUE AFTSI REVIEW REVIEW AG LAND 16,212 16,212 TOTAL $16,212 $16,212 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: AG04 - Ag land value is based on production capabilities of soil types as indicated by soil conservation service and is not related to market value. It is based on the average production over a 10 year period of time. 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. MARVIN F. POER AND COMPANY 410 17 ST SUITE 1175 DENVER CO 80202 2011-2159 V 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.) $ 2 7 66 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.) .L-q-s-r y Cwt /L 'r Vert- , /s at-%aesrrz2 •(/d Gt(47t) Za /O ATTESTATION I, the undersigned owner or agent' of the property identified above, affirm that the statements contained herein and on any ptachments hereto are true and complete.411)51)123/4 ( 3 0 3 ) 5 7 3 0975 7- 8-"a6 " 15-DPT-AR Sig ture Telephone Number Date PR 207-08/11 R1365002 14272 ' Attach letter of authorization signed by property owner. • LEITER OF AOTRORIZATION Instructii ns: This letter of authorization must be signed by the OWNER OF RECORD. If a professional management company is acting on behalf of the owner,a letter from the owner of record or a copy of a management agreement giving the management company authority to act on the owners' behalf must be supplied, If the lessee is initiating the appeal,then a copy of the lease must be supplied to establish proper authorization. To all parties: The owner of record hereby designates Marvin F.Peer and Company,its agents and employees,to act on behalf of the owner in all matters pertaining to the review and appeal of real and/or personal property valuation and classification to the assessor,county board of equalization,arbitration,state board of assessment appeals,district court or any other hearing process. This authorization is limited to the properties listed below and on the attached continuation form(s). TAX YEARS: 2011/2012&prior years SIGNATURE: • PRINTED: 1 r‘ � 1 'n1 �u E • TITLE: 5 J OWNERSHP NAME: I2in —•1.�'f'1� �` �� ,' J/ S .L.Z. TELEPHONE: 3 03— co L oZ— O O PROPERTY LIST: Schedule/ Numbers Property Address Parcel 08453 0200007 080530200007 • 24611/432685 Marvin F.Poer and Company, 410 17th St.Suite 1175,Denver, CO 80202 Phone: 303-573-0975,Fax: 303-573-0976 SUMMARY OF BASIC LEASE INFORMATION This Summary (the "Summary") is hereby incorporated into and made a part of the attached Lease (this Summary and the Lease to be known collectively as the "Lease"). Each reference in the Lease to any term of this Summary shall have the meaning as set forth in this Summary. In the event of a conflict between the terms of this Summary and the Lease,the terms of the Lease shall prevail. Any capitalized terms used herein and not otherwise defined herein shall have the meaning as set forth in the Lease. 1. Date of Lease and the Effective Date: December it,2009 2. . Landlord: Pro-Build Real Estate Holdings,LLC,a Delaware limited liability company 3. Address of Landlord: Pro-Build Real Estate Holdings,LLC 7595 Technology Way,Suite 500 Denver,CO 80237 Attention:David Polishook 4. Tenant: ProBuild South LLC,a Delaware limited liability company 5. Address of Tenant: ProBuild South LLC c/o ProBuild Holdings,Inc. 7595 Technology Way Denver,CO 80237 Attention:General Counsel 6. Land: That certain parcel of real property legally described in Exhibit A attached to this Lease. 7. Improvements: The improvements located upon the Land,including,but not limited to,any building(the`B '). 8. Premises: The real property consisting of the Land and Improvements. 9. Term: (a) Commencement Date: The Effective Date. (b) Initial Expiration Date: December 31,2019. (c) Renewal Options: Six(6)options of five(5)years each. • Tenant. The determination of the appraiser shall be binding upon Landlord and Tenant. 4.2.4 If the Base Rent is determined by an appraiser pursuant to Section 4.2,3(b) above and the Base Rent so determined is greater than 110% of the Base Rent proposed by Tenant pursuant to Section 4.2.3(a),Tenant may rescind the exercise of the relevant Renewal Option by giving Landlord written notice within ten(10)days following the determination of the Base Rent by such appraiser. If Tenant rescinds its exercise of a Renewal Option, then Tenant shall reimburse Landlord all out-of-pocket costs paid by Landlord in connection with the appraisal process, and the Term shall be extended, if necessary, so that there remains twelve(12) months in the Term from the date that Tenant provides notice of its rescission of the exercise of the Renewal Option,with the Base Rent remaining during such period unadjusted. 4,3. Place of Payment. All Rent shall be paid at the office of Landlord set forth on the Summary or at such other place as Landlord may designate from time to time. 4.4. Interest and Late Charges. 3f Tenant fails to pay any Rent within 10 days from when due, the unpaid amounts shall bear interest at the Interest Rate from the date first due. Tenant acknowledges that the late payment of any Rent will cause Landlord to incur costs and expenses not contemplated under this Lease, including, without limitation, administrative and collection costs and processing and accounting expenses, the exact amount of which is extremely difficult to ascertain. Therefore,if Tenant fails to make any payment within ten(10) days from when due (a"Late Payment"), twice during any consecutive twelve (12) month period, then Tenant shall pay Landlord a late charge equal to four percent (4%) of such Late Payment for each Late Payment thereafter during such twelve (12) month period. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for loss resulting from Tenant's nonpayment. The late charge shall be deemed Additional Rent and the right to require payment of the late charge shall be in addition to all of Landlord's other rights and remedies hereunder or at law. Nothing contained herein shall be construed as to compel Landlord to accept any payment of Rent in arrears or late charges should Landlord elect to otherwise enforce its rights and remedies available under this Lease or at law or in equity in the event of a Default. ARTICLE 5 TAXES 5.1. Obligation for Payment, Tenant shall pay,satisfy and discharge as the same become due and payable and prior to delinquency all Taxes levied or imposed upon or against the Premises and/or any improvements now or hereafter made or constructed upon the Premises and accruing during the Term. Tenant shall,upon request of Landlord,furnish to Landlord within fifteen(15) days after the date when any Taxes are payable, official receipts of the appropriate taxing authority,or other evidence reasonably satisfactory to Landlord,evidencing the payment thereof. 5.2. Proration of Real Property Taxes for Period other than Term, Any Taxes, including Taxes which have been converted into installment payments, attributable to a part of a fiscal period of the taxing authority which has been included within the Term and a part of which has been included in a period of time prior to the commencement or after the end of the Term,shall, -8- whether or not the Taxes are assessed, levied, confirmed, imposed upon or in respect of, or become a lien upon the Premises, or become payable during the Term, be adjusted between Landlord and Tenant as of the commencement or end of the Term, so that Tenant shall pay that portion of such Taxes accruing during the Term,and Landlord shall pay the remainder. 5.3. Right to Contest Taxes. Tenant shall have the right to contest the amount or validity, in whole or in part, of any Taxes by appropriate proceedings diligently conducted in good faith. Tenant shall take the measures necessary to protect the Premises against lien, loss or forfeiture during any period that Tenant is appealing or contesting any Taxes. Upon the termination of any such proceedings,Tenant shall pay the amount of such Taxes or part of such Taxes as are finally determined to be due and payable, the payment of which may have been deferred during the prosecution of such proceedings, prior to delinquency, together with any costs, fees, interest, penalties,or other related liabilities. Landlord agrees to cooperate with Tenant in any contest of Taxes, but Landlord shall not be required to join in any such contest or proceedings unless the provisions of any law or regulation then in effect require that such proceedings be brought by or in the name of Landlord. In that event,Landlord shall join in such proceedings or permit them to be brought in its name;however,Landlord shall not be subject to any liability for the payment of any costs or expenses in connection with any such contest or proceedings, and Tenant shall indemnify Landlord against and save Landlord harmless flout any such costs and expenses. ARTICLE 6 USE 6.1. Permitted Use. Tenant shall use the Premises solely for the Permitted Use as shown on the Summary,and for no other purpose without Landlord's consent. Tenant shall not: (a)cause, maintain or permit any nuisance arising out.of Tenant's use or occupancy of the Premises;or(b) commit or suffer to be committed any waste of the Premises. 6,2. Compliance with Covenants and Law. 6.2.1 Tenant shall be responsible for compliance of the Premises and Tenant's use thereof with applicable Laws in all material respects and shall bear all costs necessary to maintain the Premises in material compliance with applicable Law,including,without limitation, structural work, if any. Tenant shall not use or occupy the Premises in violation of any applicable Law or the certificate of occupancy issued for the Building and shall, upon notice from Landlord, promptly discontinue any use of the Premises that is declared by any governmental authority having jurisdiction to be a violation of applicable Law or the certificate of occupancy. A judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant that Tenant has violated any such.Laws in the use of the Premises shall be deemed to be a conclusive determination of that fact as between Landlord and Tenant. Should any obligation be imposed by such Law,then Tenant agrees, at its sole cost and expense,to comply promptly with such obligations to the extent the same relate to the Premises or Tenant's use of the Premises. 6.2.2 Tenant shall not violate the provisions of any recorded covenants, conditions and restrictions affecting the Premises as of the Commencement Date. -9- Donna Bechler From: Tonya Disney Sent: Wednesday, July 20, 2011 11:03 AM To: Donna Bechler Cc: Esther Gesick Subject: Withdrawal for BOE Joe Monzon with Marvin Poer & Company called and would like to withdraw the appeal request for: R1365002 (Vacant Land) — rfro_bun\d glad Eskz,t u4, cHs, lLC Joe can be reached at 1-303-573-1154 joemonzon@mfpoer.com 410 17th St, STE 1175 Denver CO 80202 Thank you, Tonya Disney Deputy Clerk to the Board Clerk to the Board 915 10th Street, Greeley, Colorado 80631 Phone: 970-336-7215 x 5226 I86 20 I W F. OY u%FU NI 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. 1 Hello