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Home My WebLink About20101754.tiff CLERK TO THE BOARD (it PHONE (970) 336-7215, Ext. 4226 FAX: (970) 352-0242 P. O BOX BOX 758 GREELEY, COLORADO 80632 • COLORADO August 2, 2010 CENTERPLACE OF GREELEY III LLC CIO PROPERTY TAX DEPT P 0 BOX 790830 SAN ANTONIO, TX 78279-0830 RE: THE BOARD OF EQUALIZATION, 2010, WELD COUNTY, COLORADO - ADMINISTRATIVE DENIAL OF PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE DESCRIPTION OF PROPERTY:ACCOUNT#: R4997408 PARCEL#: 095914416001 -GR 3CP L1 BLK1 CENTERPLACE PHASE 3 MINOR Dear Petitioner: On July 29, 2010, 2010, 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 2010. 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 $10,872,180 $10,872,180 CC','C'� ,4c (/e//er) a/ja?O/U iiSawn/0y r-j eLej 2010-1754 AS0076 CENTERPLACE OF GREELEY III LLC - R4997408 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 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 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 2010-1754 AS0076 CENTERPLACE OF GREELEY III LLC - R4997408 Page 3 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 MARVIN F. POER & COMPANY 410 17TH ST STE 1175 DENVER, CO 80202 2010-1754 AS0076 REAL AND PERSONAL PROPERTY JUN 3 0 2010 NOTICE OF DETERMINATION Christopher M. Woodruff Date of Notice: 6/22/2010 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 R4997408 2010 0683 GR 3CP L1 BLK1 CENTERPLACE PHASE 3 MINOR 4206 CENTERPLACE DR cc CENTERPLACE OF GREELEY III LLC GREELEY,CO z C/O PROPERTY TAX DEPT o P O BOX 790830 it SAN ANTONIO,TX 782790830 oc w 0. O a ASSESSOR'S VALUATION ACTUAL VALUE PRIOR PROPERTY CLASSIFICATION TO ACTUAL VALUE AFTER REVIEW REVIEW COMMERCIAL 10,872,180 10,872,180 TOTAL 510,872,180 510,872,180 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. pJ Please refer to the reverse side of this notice for additional inforiW tiona r ' C` -=rT, C. < MARVIN F. POER&COMPANY JOSEPH D. MONZON 2010-1754 -4 7.) 410 17 STREET STE 1175 .--l5-DPT-AR ro 207-08/08 DENVER CO 80202 NOD# 8433 APPEAL PROCEDURES County Board of Equalization Hearings will be held from July 1 through August 5 at 915 10`" 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, Colorado 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 11. 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 9`"Avenue and 9`" Street, P.O. Box C Denver, CO 80203 Greeley, Colorado 80632 (303) 866-5880 Telephone(970) 356-4000 Ext. 4520 www.dola.colorado.qov/baa 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, fi' 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, 2008? (Your opinion of value in terms of a specific dollar amount is required f real p o e ur uant 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 ow er or agent' of the property identified above, affirm that the statements c in d nts hereto are true and complete. ( 3 0 3 ) 573 0975 7115/loin Si ture Telephone Number Date JOSEPH D. MONZON MARVIN F. POER & CO. 410 17TH ST. SUITE 1175 DENVER, CO 80202 Attach letter of authorization signed by property owner. 15-DPT-AR PR 207-08/08 NOD# 8433 Esther Gesick From: Joe Monzon [JoeMonzon@mfpoer.com] Sent: Wednesday, July 28, 2010 12:14 PM To: Esther Gesick Subject: RE: Weld County BOE Appeals Attachments: Joseph D Monzon.vcf Esther: Thank you for the email, and by way of this reply, I confirm your email below. Joe Monzon Joseph D. Monzon Marvin F.Poer and Company Vice President 303.573.1154 Work 303.263.6781 Mobile JoeMonzon ignfpoer.com 410 17th Street Suite 1175 Denver CO 80202 From: Esther Gesick [mailto:egesick@co.weld.co.us] Sent:Wednesday,July 28, 2010 12:07 PM To:Joe Monzon Subject:Weld County BOE Appeals Joe, Please confirm your request for Administrative Denials on the following cases: R0232301 BFN Greeley, LLC R0232201 BFN Greeley, LLC R6880497 Cactus Investments, LLC R4997408 Centerplace of Greeley III, LLC R0356595 Hanzel Richard R8372200 LN Real Estate, LLC R0208287 LN Real Estate, LLC R4238506 Oire Colorado C, LLC Esther E.Gesick Deputy Clerk to the Board Weld County, Colorado 915 10th Street Greeley, CO 80631 (970)336-7215 X4226 (970)352-0242 (fax) CONFIDENTIALITY NOTICE: The information contained in this message may be privileged and confidential. 1 It may also be protected from disclosure or be a privileged work product or proprietary information. This information is intended for the exclusive use of the addressee(s) . If you are not the intended recipient, please notify the sender immediately by replying to this message and you are hereby notified that any use, disclosure, dissemination, distribution (other than to the addressee[s] ) , copying or taking of any action because of this information is strictly prohibited. Thank you, Marvin F. Poer and Company 2 Hello