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HomeMy WebLinkAbout20111870 11 , CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4226 f FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 ipe, COLORADO August 3, 2011 SILVER TIP COMMERCIAL LLC C/O WILLOW WEST PROPERTIES LLC 2619 11 ST RD STE 13 GREELEY, CO 80634 RE: THE BOARD OF EQUALIZATION, 2011, WELD COUNTY, COLORADO - ADMINISTRATIVE DENIAL OF PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE DESCRIPTION OF PROPERTY:ACCOUNT#: R2823786 PARCEL#: 096105331005-GR 5075 L7-8 BLK67 Dear Petitioner: On July 29, 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 your request for an Administrative Denial of your petition of appeal of the County Assessor's valuation of your property described above, for the year 2011. The assessment and valuation of the Weld County Assessor was affirmed as follows: ACTUAL VALUE AS ACTUAL VALUE AS DETERMINED BY SET BY BOARD ASSESSOR $395,452 $395,452 se.'/S/r/e3 3'3-o7D// 2011-1870 AS0079 SILVER TIP COMMERCIAL LLC - R2823786 Page 2 A denial of a petition, in whole or in part, by the Board of Equalization may be appealed by selecting one of the following three options; however, said appeal must be filed within 30 days of the denial: 1. Board of Assessment Appeals: You have the right to appeal the County Board of Equalization's(CBOE's)decision to the Board of Assessment Appeals (BAA). Such hearing is the final hearing at which testimony, exhibits, or any other evidence may be introduced. If the decision of the BAA is further appealed to the Court of Appeals, only the record created at the BAA hearing shall be the basis for the Court's decision. No new evidence can be introduced at the Court of Appeals. (Section 39-8-108(10), C.R.S.) Appeals to the BAA must be made on forms furnished by the BAA, and such appeals should be mailed or delivered within thirty (30) days of denial by the CBOE to: Board of Assessment Appeals 1313 Sherman Street, Room 315 Denver, CO 80203 Phone: 303-866-5880 NOTE: On or after August 10, 2011, any appeal of the valuation of rent- producing commercial real property to the Board of Assessment Appeals shall provide to the County Board of Equalization the following information within ninety (90) days after the appeal is filed. For two full years, including the base year for the relevant property tax year: (1) actual annual rental income (2) tenant reimbursements (3) itemized expenses (4) rent roll data, including the name of any tenants, the address, unit, or suite number of the subject property, lease start and end dates, option terms, base rent, square footage leased, and vacant space Fees: A taxpayer representing himself is not charged for the first two appeals to the Board of Assessment Appeals; however,a taxpayer being represented by an agent or an attorney must submit a fee of$101.25 per appeal. OR 2. District Court: You have the right to appeal the CBOE's decision to the District Court of the county wherein your property is located. New testimony, exhibits or any other evidence may be introduced at the District Court hearing. For filing requirements, please contact your attorney or the Clerk of the District Court. Further appeal of the District Court's decision is made to the Court of Appeals for a review of the record. (Section 39-8-108(1), C.R.S.) OR 2011-1870 AS0079 SILVER TIP COMMERCIAL LLC - R2823786 Page 3 3. Binding Arbitration: You have the right to submit your case to arbitration. If you choose this option the arbitrator's decision is final and your right to appeal your current valuation ends. (Section 39-8-108.5, C.R.S.) Selecting the Arbitrator: In order to pursue arbitration, you must notify the CBOE of your intent. You and the CBOE select an arbitrator from the official list of qualified people. If you cannot agree on an arbitrator, the District Court of the county in which the property is located will make the selection. Arbitration Hearing Procedure: Arbitration hearings are held within sixty days from the date the arbitrator is selected. Both you and the CBOE are entitled to participate. The hearings are informal. The arbitrator has the authority to issue subpoenas for witnesses, books, records, documents and other evidence. He also has the power to administer oaths, and all questions of law and fact shall be determined by him. The arbitration hearing may be confidential and closed to the public, upon mutual agreement. The arbitrator's written decision must be delivered to both parties personally or by registered mail within ten (10) days of the hearing. Such decision is final and not subject to review. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the CBOE. In the case of residential real property, such fees and expenses cannot exceed $150.00 per case. The arbitrator's fees and expenses, not including counsel fees, are to be paid as provided in the decision. If you have questions or need additional information, please do not hesitate to contact me at (970) 336-7215, Extension 4226. Very truly yours, Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor E COMPANY INC PO BOX 1750 CASTLE ROCK, CO 80104 2011-1870 AS0079 I:3° 1/2q NOTICE OF DETERMINATION �T1 W� Christopher M. Woodruff • Date of Notice: 6/22/2011 Weld County Assessor Telephone: (970) 353-3845 or (720) 652-4255 1400 N 17th Ave • O , (970) 304-6433 Greeley, CO 80631 ' r Email: appeals@co.weld.co.us www.co.weld.co.us Office Hours: 8:00 AM - 5:00 PM SCHEDULE/ACCOUNT NO. TAAA V A TA1 EA LEGAL DESCRIPTION/ PHYSICAL LOCATION R2823786 2011 2689 GR 5075 L7-8 BLK67 925 11 AV, GREELEY CC U1 SILVER TIP COMMERCIAL LLC C/O WILLOW WEST PROPERTIES LLC y 2619 11TH ST RD STE13 wGREELEY,CO 80634 a O x a ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ACTUAL VALUE PRIOR TO ACTUAL VALUE AFTER REVIEW REVIEW COMMERCIAL 395,452 395,452 TOTAL $395,452 $395,452 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: CM01 - The Colorado Constitution requires commercial property to be valued based on actual value and assessed at 29%. Replacement cost, market, and income are approaches used to determine the actual value of your property. 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. E COMPANY INC REAL ESTATE TAX SERVICES PO BOX 1750 CASTLE ROCK CO 80104 2011-1870 • 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.) 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.) ATTESTATION I, the undersigned owner or agent' of the property identified above, affirm that the statements contained herein and on any attachments hereto are true and complete. Sig Telephone Number Date ' Attach letter of authorization signed by property owner. the ci:mpriny, 1: REAL ESTATE TAX SERVICES P 0 BOX 1750 CASTLE ROCK, CO 80104 720-351-3515/FAX- 720-344-3498 SECTION 4:AGENCY AUTHORIZATION FORM AUTHORIZATION TO APPEAR BEFORE THE WELD COUNTY ASSESSOR, CBOE, CBOCC AND THE COLORADO BOARD OF ASSESSMENT APPEALS AND ALL COLORADO STATE COURTS ON BEHALF OF THE OWNER OF RECORD OF REAL PROPERTY FOR VALUATION FOR T YEAR 2011/2012 AND ALL OTHER YEARS ALLOWED BY APPLICABLE COLORADO LAW. Persons who own, control, or possess property valued by the County Assessor may each year designate an agent to act on their behalf on any matter relating to the review of the valuation of the property before the Assessed and/or the County BOE/BOCC or Colorado Board of Assessment Appeals. • Further, the undersigned expressly revokes all previous authorizations relating to the Property and the subject matters referenced herein. This authorization shall remain in effect until this authorization is terminated in a written instrument executed by the undersigned. • The undersigned further authorize T1-IE E COMPANY INC. to appear as a witness at all formal or informal hearings and to testify as to the valuation of the Property and to the accuracy of any factual documentation submitted on my behalf in connection with the Property. • Notices issued by the Assessor or Board of Equalization or Colorado Board of Assessment Appeals relating to the review of valuation of that property shall be sent to the agent of record at THE E COMPANY INC. P 0 BOX 1750 CASTLE ROCK. CO 80104 JWSI(iNATION MAf7F RY'(Tvr•or Print). SILVFa TIP COMMERCIALLLC COMPANY N / Lrrg ()i c≥- CJ y re-/ 9WNER PRINT NAME OF PERSON O NG.CONTROLLING OR POSSESSING PROPERTY OR NTACT PERSON TITLE 1,THE UNDERSIGNED,HEREBY DESIGNATE THE ABOVE NAMED AGENT TO ACT ON MY BEHALF IN ALL MATTERS REAL AND/OR PERSONAL PROPERTY VALUATION AND CLASSIFICATION WITH THE ASSESSOR OR THE BOARDS 0 ASSESSMENT AP LS.THIS AUTHORIZATION-IS D TO THE PROPERTIES LISTED BELOW AND N ATT. WISJ Signature Pelson Owning.Con Ili"illg�,,"or Foseessing•4o Date ADDRESS SCHEDULE# 2619 W 11 STRD GREELEY R2132486 92511 AV GREELEY 82823786 2651 W 11 STRD GREELEY R2132686 4511 W 11 S L HU UHttLET H21a2Utlb 2611 W 11 STRD GREELEY R2132588 STATE OF ))SS COUNTY OF ) 201_ Sworn to and subscribed before me this day of by xe j u 9Z'£Z 05104102 timid 2011-05-07 09:18 » P6/10 r (- fil SAGE MANAGEMENT GROUP, LLC Profit and Loss Statement For the period January 1 , 2010 to December 31 , 2010 (UNAUDITED) For Downtown Post Office Building Current Period Year To Date Amount Ratio Amount Ratio SALES Rent Income $18, 614 . 04 100 . 00 $18, 614. 04 100. 00 TOTAL SALES $18, 614 . 04 100 .00 818, 614. 04 100.00 COST OF SALES Sub-Contracts $4, 419 . 99 23 . 75 $4, 419. 99 23 . 75 TOTAL COST OF SALES $4, 419 . 99 23 . 75 $4, 419. 99 23 .75 GROSS PROFIT $14, 194 . 05 76 . 25 514, 194.05 76 .25 OPERATING EXPENSES Expendable Supplies $18. 30 . 10 $18. 30 . 10 Insurance 2, 119.66 11 .39 2, 119. 66 11 . 39 Legal And Accounting 508 . 75 2 . 73 508. 75 2 .73 Repairs And Maintenance 1, 473 . 33 7 . 92 1 , 473 . 33 7 . 92 Taxes And Licenses 6, 667 . 50 35 . 82 6, 667 . 50 35 . 82 TOTAL OPERATING EXPEN $10, 787 . 54 57 . 95 $10, 787 . 54 57 . 95 OPERATING PROFIT (LOS $3, 406 . 51 18. 30 $3, 406. 51 18.30 OTHER INCOME TOTAL OTHER INCOME $. 00 . 00 S . 00 . 00 OTHER EXPENSES TOTAL OTHER EXPENSES $. 00 .00 $.00 . 00 NET INCOME (LOSS) $3, 406 . 51 18 . 30 $3, 406. 51 18. 30 ___ a====== ==a=====a:-aa®lflema.===.___ See Accountants' Compilation Report 2011-05-07 09:18 » P 7/10 SAGE MANAGEMENT GROUP, LLC Profit and Loss Statement For the period October 1, 2009 to December 31 , 2009 (UNAUDITED) For Downtown Post Office Building Current Period Year To Date Amount Ratio Amount Ratio SALES Rent Income $7 , 084 . 44 100 . 00 $20, 644 . 97 100. 00 TOTAL SALES $7 , 084 .44 100. 00 $20, 644 . 97 100 , 00 COST OF SALES TOTAL COST OF SALES $. 00 . 00 S. 00 .00 GROSS PROFIT $7, 084 .44 100. 00 $20, 644 . 97 100. 00 OPERATING EXPENSES Insurance 3. 00 . 00 $2, 248. 34 10. 89 Taxes And Licenses 9, 206 . 28 129 . 95 7 , 140. 94 34. 59 TOTAL OPERATING EXPEN $9, 206 . 28 129 . 95 $9, 389. 28 45.48 OPERATING PROFIT (LOS ( $2, 121 . 84) ( 29 . 95 ) $11 , 255 . 69 54 . 52 OTHER INCOME TOTAL OTHER INCOME $ .00 .00 8. 00 .00 OTHER EXPENSES TOTAL OTHER EXPENSES S .00 .00 $. 00 .00 NET INCOME (LOSS) ( $2, 121 .84 ) ( 29. 95 ) 511, 255 . 69 54 . 52 See Accountants' Compilation Report a Kik CLERK TO THE BOARD PHONE (970) 336-7215 EXT 4226 FAX: (970970) 35252-0242 WEBSITE: www.co.weld.co.us ' 915 10TH STREET P.O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO July 25, 2011 SILVER TIP COMMERCIAL LLC C/O WILLOW WEST PROPERTIES LLC 2619 11 ST RD STE 13 GREELEY, CO 80634 Parcel No.: 096105331005 Account No.: R2823786 Dear Petitioner(s): The Weld County Board of Equalization has set a date of July 29, 2011, at or about the hour of 1:30 PM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Centennial Center, First Floor Hearing Room, 915 10th Street, Greeley, Colorado. You have a right to attend this hearing and present evidence in support of your petition. The Weld County Assessor or his designee will be present. The Board will make its decision on the basis of the record made at the aforementioned hearing, as well as your petition, so it would be in your interest to have a representative present. If you plan to be represented by an agent or an attorney at your hearing, prior to the hearing you shall provide, in writing to the Clerk to the Board's Office, an authorization for the agent or attorney to represent you. If you do not choose to attend this hearing, a decision will still be made by the Board by the close of business on August 5, 2011, and mailed to you on or before August 12, 2011. Because of the volume of cases before the Board of Equalization, most cases shall be limited to 10 minutes. Also due to volume, cases cannot be rescheduled. It is imperative that you provide evidence to support your position. This may include evidence that similar homes in your area are valued less than yours or you are being assessed on improvements you do not have. Please note: The fact that your valuation has increased cannot be your sole basis of appeal. Without documented evidence as indicated above, the Board will have no choice but to deny your appeal. If you wish to obtain the data supporting the Assessor's valuation of your property, please submit a written request directly to the Assessor's Office by fax (970) 304-6433, or if you have questions, call (970) 353-3845. Upon receipt of your written request, the Assessor will notify you of the estimated cost of providing such information. Payment must be made prior to the Assessor providing such information, at which time the Assessor will make the data available within three (3) working days, subject to any confidentiality requirements. 2011-1870 ---d as ,A W1 ‘,3( `�'-k ,ucI Vr" AS0079 SILVER TIP COMMERCIAL LLC - R2823786 Page 2 Please advise me if you decide not to keep your appointment as scheduled. If you need any additional information, please call me at your convenience. Very truly yours, BOARD OF EQUALIZATION Cc Cam- -'c/10 Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor E COMPANY INC PO BOX 1750 CASTLE ROCK, CO 80104 2011-1870 AS0079 Esther Gesick From: Courtney Anaya Sent: Tuesday, July 26, 2011 1:25 PM To: Esther Gesick Subject: FW: FW: Administrative Denials-Weld County SiiccvTy- FYI—they were scheduled on the 29th at 1:45. Thanks! O From: Noel Lawrence Sent: Tuesday, July 26, 2011 12:25 PM To: Courtney Anaya Subject: FW: FW: Administrative Denials - Weld County From: steve evans jmailto:steve@theecompany.netj Sent: Tuesday, July 26, 2011 12:02 PM To: Noel Lawrence Subject: RE: FW: Administrative Denials - Weld County Noel-I just got email today. Please let the board know that I wish to have admin denials on all properties since I will be out of town. Thanks Steve Steve Evans The E Company, Inc. P O Box 1750 Castle Rock, CO 80104 720-351-3515 / Fax- 720-344-3498 Original Message Subject: FW: Administrative Denials - Weld County From: Noel Lawrence <nlawrence@co.weld.co.us> Date: Tue, July 26, 2011 8:02 am To: "steve@)theecomoanv.net" <steve@theecomoanv.net> Hi Steve. We really would appreciate a simple email reply requesting Administrative Denial on these 4 appeals. That way we won't have to take these before the board. Thanks! Noel Lawrence Commercial Appraiser Assessor's Office 1400 N. 17th Avenue Greeley, CO 80631 970-353-3845 ext. 3695 i( ' 1011 WEIIA./L'ON rr Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Noel Lawrence Sent: Monday, July 25, 2011 10:52 AM To: 'steve@theecomoanv.net Subject: Administrative Denials - Weld County Hi Steve, I just got your voice mail. Since you're out of the country can we go ahead and file administrative denials on your appeals? I've listed the accounts that our office has with ECompany below. If you could reply to this and indicate that you would like administrative denials on these, that should suffice. We can talk when you are back in town. R2132086 Silver Tip Commercial R2132586 Silver Tip Commercial R2132486 Silver Tip Commercial R3601505 +15 (Office Condos) Silver Tip Commercial R2823786 Post Office Thank you. Trod Lawrence Commercial Appraiser Assessor's Office 1400 N. 17th Avenue Greeley, CO 80631 970-353-3845 ext. 3695 IPti -1011 i'e;-11177.-- WE 10.2c'du NT 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 2 li For Office Use Only PETITION TO STATE BOARD OF ASSESSMENT APPEALS 1313 Sherman Street, Room 315 Phone: (303) 866-5880 Docket No. Denver, Colorado 80203 Fax: (303) 866-4485 •—• .... Fee. y N Gheoic/Credit Caro# Date: 9-1-11 P F H Property Owner: SILVER TIP COMMERCIAL LLC Subject Property: 925 11 AVE GREELEY Street Address City Schedule Number(s): R2823786 Attach separate sh t if necessary . PWBoard of Equalization Appeals the decision of the WELD 0 Board of Commissioners Dated: 8-3-11 County LI State Property Tax Administrator This Appeal concerns: luation fund/Abatement emption tate Assessed The Tax Year: 2011 subject property is c rently classified as: zur ❑ Agricultural Commercial 0 Exempt ❑ Industrial 0 Mixed Use 0 Natural Resources ❑ Oi! & Gas 0 Personal 0 Possessory ❑ Producing ❑ Residential 0 State Assessed ❑ Vacant Land Interest Mines Actual Value assigned to subject property: $ 395,452 Petitioner's estimate of value: $ 100,000 Estimated time for Petitioner to present the appeal: minutes or 4 hours. Not less than 30 minutes.Boaro will allow equal time to County or Property Tax Administrator. Appearance: 0 Petitioner will appear by telephone ❑ Petitioner will be present at the hearing Petitioner is responsible for calling the Board at 303-ass-5880 Petitioner will be represented by an agent on the scheduled date and time of hearing(Mountain Time Zone) Petitioner will be represented by an attorney Except as provided in§13-1-127 (2) and (2.5) C.R.S. 2000, a corporation must appear under the representation of a licensed attorney. See BOP Industries v. State Board of Equalization, 694 P.2d 337 (Colo.App. 1984). Filing Fee: O None Petitioner is appearing pro se (self-represented)and has not filed more than two Petitions with the Board of Assessment Appeals during this fiscal year(July 1 -June 30). O $ 33.75 Petitioner is appearing pro se (self-represented)and has filed more than two Petitions with the Board of Assessment Appeals during this fiscal year(July 1 -June 30). 101.25 Petitioner will be represented by an agent or by an attorney. In the space below, please explain why you disagree with the value assigned to the subject property BASED UPON MARKET SALES AND INCOME Q.c)mV ikk SI-SOVIS Ce, (\5 , ten 01011 181 q --- I I 9-G -i/ /5007 ei Required attachments to this form: El Assessor's or Property Tax Administrator's Notice of Valuation or Notice of Denial —Decision of County Board of Equalization, County Board of Commissioners or Property Tax Administrator Attachments required under certain circumstances: 11 A notarized Letter of Authorization if an agent will be representing Petitioner 9/ A list of names, last known addresses and telephone numbers of co-owners or parties directly interested in the subject property if applicable. Certificate of Service I hereby certify that a true and correct copy of the foregoing Petition to the State Board of Assessment Appeals and attachments were mailed,faxed or hand delivered to: WELD --'Board of Equalization O Board of Commissioners County State Property Tax Administrator at the following address P O BOX 758 GREELEY, CO 80632 on 9-1-11 Date I hereby certify that a true and correct copy of the foregoing Petition to the State Board of Assessment Appeals and attachments were mailed,faxed or hand delivered to all co-owners or parties directly interested in the subject property on 9-1-11 Date I hereby certify that four (4) true and correct copies of the foregoing Petition to the State Board of Assessment Appeals and attachments were mailed or hand delivered to the Board of Assessment Appeals at 1313 Sherman Street, Room 315, Denver, CO 80203 on 9-1-11 Date (One copy may be faxed to the Board but the or``ginalland two additional copies must be mailed or hand delivered.) Petitioner's Maili .ress jsRequired Even if Petitioner is Represented by An Agent or Attorney (per C.R.S. 39-8-109) Signatu f Agent X or Attorney Signature of Petitioner STE A. EVANS /THEE COMPANY, INC SILVER TIP COMMERCIAL LLC Printed Name Printed Name P O BOX 1750 2619 11 STREET ROAD NO. 13 Mailina Address Mailing Address CASTLE ROCK, CO 80104 GREELEY, CO 80634 City, State, Zip Code City, State, Zip Code Telephone: 720-351-3515 Telephone Daytime number E-Mail: Steve@TheEcompany.net E-Mail: Attorney Reg. No.:, It is the Petitioner's responsibility to notify the BAA of any change of address. Petitioners are strongly encouraged to read the Instructions and Rules of the Board of Assessment Appeals prior to completing this Petition Form The Instructions and Rules are available on the Web at www dola.Colorado.gov/baa or may be requested by phone at 303-866-5880. 44\(I: CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4226 FAX (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 1 C. COLORADO August 3, 2011 SILVER TIP COMMERCIAL LLC CIO WILLOW WEST PROPERTIES LLC 2619 11 ST RD STE 13 GREELEY, CO 80634 RE: THE BOARD OF EQUALIZATION, 2011, WELD COUNTY, COLORADO - ADMINISTRATIVE DENIAL OF PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE DESCRIPTION OF PROPERTY: ACCOUNT#: R2823786 PARCEL#: 096105331005-GR 5075 L7-8 BLK67 Dear Petitioner: On July 29, 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 your request for an Administrative Denial of your petition of appeal of the County Assessor's valuation of your property described above, for the year 2011. The assessment and valuation of the Weld County Assessor was affirmed as follows: ACTUAL VALUE AS ACTUAL VALUE AS DETERMINED BY SET BY BOARD ASSESSOR $395,452 $395,452 2011-1870 AS0079 SILVER TIP COMMERCIAL LLC - R2823786 Page 2 A denial of a petition, in whole or in part, by the Board of Equalization may be appealed by selecting one of the following three options; however, said appeal must be filed within 30 days of the denial: 1. Board of Assessment Appeals: You have the right to appeal the County Board of Equalization's (CBOE's)decision to the Board of Assessment Appeals (BAA). Such hearing is the final hearing at which testimony, exhibits, or any other evidence may be introduced. If the decision of the BAA is further appealed to the Court of Appeals, only the record created at the BAA hearing shall be the basis for the Court's decision. No new evidence can be introduced at the Court of Appeals. (Section 39-8-108(10), C.R.S.) Appeals to the BAA must be made on forms furnished by the BAA, and such appeals should be mailed or delivered within thirty (30) days of denial by the CBOE to: Board of Assessment Appeals 1313 Sherman Street, Room 315 Denver, CO 80203 Phone: 303-866-5880 NOTE: On or after August 10, 2011, any appeal of the valuation of rent- producing commercial real property to the Board of Assessment Appeals shall provide to the County Board of Equalization the following information within ninety (90) days after the appeal is filed. For two full years, including the base year for the relevant property tax year: (1) actual annual rental income (2) tenant reimbursements (3) itemized expenses (4) rent roll data, including the name of any tenants, the address, unit, or suite number of the subject property, lease start and end dates, option terms, base rent, square footage leased, and vacant space Fees: A taxpayer representing himself is not charged for the first two appeals to the Board of Assessment Appeals; however, a taxpayer being represented by an agent or an attorney must submit a fee of $101.25 per appeal. OR 2. District Court: You have the right to appeal the CBOE's decision to the District Court of the county wherein your property is located. New testimony, exhibits or any other evidence may be introduced at the District Court hearing. For filing requirements, please contact your attorney or the Clerk of the District Court. Further appeal of the District Court's decision is made to the Court of Appeals for a review of the record. (Section 39-8-108(1), C.R.S.) OR 2011-1870 AS0079 SILVER TIP COMMERCIAL LLC - R2823786 Page 3 3. Binding Arbitration: You have the right to submit your case to arbitration. If you choose this option the arbitrator's decision is final and your right to appeal your current valuation ends. (Section 39-8-108.5, C.R.S.) Selecting the Arbitrator: In order to pursue arbitration, you must notify the CBOE of your intent. You and the CBOE select an arbitrator from the official list of qualified people. If you cannot agree on an arbitrator, the District Court of the county in which the property is located will make the selection. Arbitration Hearing Procedure: Arbitration hearings are held within sixty days from the date the arbitrator is selected. Both you and the CBOE are entitled to participate. The hearings are informal. The arbitrator has the authority to issue subpoenas for witnesses, books, records, documents and other evidence. He also has the power to administer oaths, and all questions of law and fact shall be determined by him. The arbitration hearing may be confidential and closed to the public, upon mutual agreement. The arbitrator's written decision must be delivered to both parties personally or by registered mail within ten (10) days of the hearing. Such decision is final and not subject to review. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the CBOE. In the case of residential real property, such fees and expenses cannot exceed $150.00 per case. The arbitrator's fees and expenses, not including counsel fees, are to be paid as provided in the decision. If you have questions or need additional information, please do not hesitate to contact me at (970) 336-7215, Extension 4226. Very truly yours, Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor E COMPANY INC PO BOX 1750 CASTLE ROCK, CO 80104 2011-1870 AS0079 the company, inc. REAL ESTATE TAX SERVICES P O BOX 1750 CASTLE ROCK, CO 80104 720-351-3515 / FAX- 720-344-3498 SECTION 4:AGENCY AUTHORIZATION FORM AUTHORIZATION TO APPEAR BEFORE THE WELD COUNTY ASSESSOR, CBOE, CBOCC AND THE COLORADO BOARD OF ASSESSMENT APPEALS AND ALL COLORADO STATE COURTS ON BEHALF OF THE OWNER OF RECORD OF REAL PROPERTY FOR VALUATION FOR T YEAR 201l/2012 AND ALL OTHER YEARS ALLOWED BY APPLICABLE COLORADO LAW, Persons who own, control, or possess property valued by the County Assessor may each year designate an agent to act on their behalf on any matter relating to the review of the valuation of the property before the Assessot and/or the County BOE/ BOCC or Colorado Board of Assessment Appeals. • Further, the undersigned expressly revokes all previous authorizations relating to the Property and the subject matters referenced herein. This authorization shall remain in effect until this authorization is terminated in a written instrument executed by the undersigned. • The undersigned further authorize THE E COMPANY INC. to appear as a witness at all formal or informal hearings and to testify as to the valuation of the Property and to the accuracy of any factual documentation submitted on my behalf in connection with the Property. • Notices issued by the Assessor or Board of Equalization or Colorado Board of Assessment Appeals relating to the review of valuation of that property shall be sent to the agent of record at THE E_ COMPANY INC. P 0 BOX 1750 CASTLE ROCK, CO 80104 pEstGNATIt>N MADE BY !Tvoe o'Putt' SILYEILTIP COMME-RCLAL LLC COMPANY NM7r.,',. _ C-7-' 7 r/ /�7 [�!%I % (i �// l ,7 (OWNER PRINT NAME OF PERSON OWN NG.CONTROLLING OR POSSESSIN PROPERTY OR NT.ACT PERSON TITLE 1, THE UNDERSIGNED, HEREBY DESIGNATE THE ABOVE NAMED AGENT TO ACT ON MY BEHALF IN ALL MATTERS REAL AND/OR PERSONAL PROPERTY VALUATION AND CLASSIFICATION WITH THE ASSESSOR OR THE BOARDS O ASSESSMENT APPALS. THIS AUTHORIZATION IS Lsa0.J D'I D THE PROPERTIES LISTED BELOW AND N THE ATT, Signature Person Owning, Coniolling, or ossessingkProperry Date ADDRESS SCHEDULE 4 2619 W 11 STRD GREELEY R2132486 925 11 AV GREELEY R2823786 2651 W 11 STRD GREELEY R2132686 dbl1 1)D Yts1HLfGHEhLLY H2132086 2611 W 11 STRD GREELEY R2132586 STATE OF ) .'t EN , )SS COUNTY OF ) l ),'a_, L r y Sworn.to and subscribed before me this dad: of 2011 0 ,66� 7.k` Z -se) /7 _a.,--2,...1,, .. V P"- Hello