HomeMy WebLinkAbout20091848.tifffit ;;T:
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COLORADO
September 1, 2009
GREELEY GKD LLC
C/O GK DEVELOPMENT INC
303 EAST MAIN ST STE 201
BARRINGTON, IL 60010
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4226
FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
RE: THE BOARD OF EQUALIZATION, 2009, WELD COUNTY, COLORADO - STIPULATE
PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE
DESCRIPTION OF PROPERTY: ACCOUNT #: R0072287 PARCEL #: 096119218043 - GR
12780-C IMPS ONLY PT N2NW4 19 5 65 YORK 1ST ANNX (LANDOWNER #GR 12780
MACERICH GREELEY ASSOC) SITUS: 1750 GREELEY MALL ST GREELEY 80631
Dear Petitioner:
On July 28, July 30, and August 5, 2009, 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 2009.
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
DETERMINED BY
ASSESSOR
ACTUAL VALUE AS
STIPULATED
$1,387,115 $810,720
/ls, `ErCsQ 3
2009-1848
AS0073
GREELEY GKD LLC - R0072287
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,
Esther E. Gesick
Deputy Clerk to the Board
cc: Christopher Woodruff, Assessor
DOWNEY & MURRAY LLC
383 INVERNESS PKWY STE 300
ENGLEWOOD, CO 80112
2009-1848
AS0073
08/04/2009 10:37 FAX 9703046433
WELDCOIINTYASSESSOR - x]004/007
2009
COUNTY BOARD OF EQUALIZATION
WELD COUNTY
ASSESSOR'S ACCOUNT NUMBER R0072287
STIPULATION (As To Tax Year 2009 Actual Value)
RE PETITION OF:
NAME: GREELEY GKD LLC
C/O GK DEVELOPMENT INC
303 EAST MAIN ST STE 201
BARRINGTON IL 60010
Petitioner(s), GREELEY GKD LLC and the Weld County Assessor, hereby enter into this
Stipulation regarding the tax year 2009 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:
OR 12780-C IMPS ONLY PT N2NW4 19 5 65 YORK 1ST ANNX
(LANDOWNER #GR 12180 MACERICH GREELEY ASSOC) SITUS: 1750
GREELEY MALL ST GREELEY 80631
2. The subject property is classified as Commercial property
3. The County Assessor originally assigned the following actual value to the subject
property for 2009.
LAND: $Q
IMPROVEMENTS: $1.387A 15
TOTAL: $1.387.115
4. After further review and negotiation, the petitioner(s) and Weld County Assessor
agree to the following, actual value for the subject property.
LAND: $0
IMPROVEMENTS: $$10,720
TOTAL: $810.72Q
Ronne 0111Y/i4 Mt•aONLY PT?J W M146 VOW HT NOM PM.0.1MCA MM 1711/ wcani amain#YOCIM
;00 -/atis
Z. 3Sdd S3ICIOOSSf8A3NMOG ZZTTE18EOE 00:LT 600Z/60/80
• 08/64/2009 16:38 FAX 9703046433
I
WELDCOUNTYASSESSOR [1005/007
5. The valuations, as established above, shall be binding only with respect to tax year
2009.
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
7.8oth parties agree that the hearing scheduled before the Weld County Board of
Equalization on 8/5/2009 at 3:30 AM be vacated.
DATED this 4 day of August, 2009.
/K0'1710>
Petitioners) or
Add
Telephone: Cho )AS -////
County Assessor
Petitioners) or Attorney
Address:
Telephone:
ADDRESS:
1400 N.17th Avenue
Greeley, CO 80631
(970) 353-3845 ext 3656
Roman an lilac AMa, PI'S AI Y WAX MT N00(0N1%Nlla( ASR 12710 % t aGlGRIMY A OM,
E0 39tid SEI IDOSStf8A3NMOQ LZIIEIUE0E 00:LT 600Z/b0/80
Weld Count
CHRISTOPHER M. WOODRUFF COUNTY ASSESSOI
BRENDA DONES, DEPUTY ASSESSO
VALUATION REPORT
OF
COMMERCIAL PROPERTY
FOR
County Board of Equalization
GREELEY MALL I/GKD FUND I LLC
PETITIONER
vs.
WELD COUNTY ASSESSOR'S OFFICE
RESPONDENT
Parcel Number: 0961-19-2-18-001
0961-19-2-18-020
0961-19-2-18-052
0961-19-2-18-002
0961-19-2-18-043
0961-19-2-18-003
Schedule Number: R4473006
R3761086
R1044296
R4473206
R0072287
R4473306
Log Number: 2480
Date: 08/05/2009
Time: 3:30
Board:
CBOE
PREPARED BY
APPRAISERS NAME
Enclosed mall
Dillards
Pizza Hut
Strip Center
Habitat (old Safeway)
Land Parcel east
Signature
Date
Chuck Jack 08/05/09
ASSESSOR'S OFFICE STAFF APPRAISER
Page 1
SALIENT FACTS AND CONCLUSIONS
Purpose of Appraisal
Property Rights Appraised
Location
Land Area
To determine Market Value as of 1/1/09 based on an
appraisal date of 6/30/08.
Unencumbered fee simple interest.
2050 GREELEY MALL ST
GREELEY
2,593,759 Square Feet (59.55 acres)
Property Type Commercial
Regional Shopping Center
Year Built
Year Remodeled
Quality
Class
Number of Stories
Improvement Sq. Ft.
Value Indications:
Land
Cost Approach
Market Approach
Income Approach
Assessor's Value
1973
Constant & on -going
Good
Metal Frame
1
425,752
$10,375,036
$ 39,620,811
$ 42,575,200
$ 35,289,053
$39,354,303
Page 2
DILLARDS
PIZZA HUT
PAGE 4
STRIP CENTER
HABITAT (OLD SAFEWAY)
SKETCH OF ENCLOSED MALL
BLDG #1
Location of
Sears
Blt 2003
6,552 sq.ft.
.Q
ion
1 fe 0'
'a
m
26.0'
-113.0'
9O
940
Location of 12-Plex
Theater
255.0'
282 0'
85.0'
85.0'
230.0' 243.0'
221 .O'
F 1eO
Open Walkway
3726.0 sf
Location of
J.C. Pennys
Sketch by Apex Medina..
197 0'
3O'
1O O'
5001 ten
60.0'
5O
Bldg #1
Enclosed Mall Area
221131,409 iagftft
263.0'
80.0'
Location of
Dillards
DILLARDS SKETCH
186.0'
102.0'
220 0'
Bldg #3
Dillards
Department Store
41,140 sq ft
3.0'
90.0'
16.0'
44.0
102.0'
4
Xd o
Second Floor
1980.0 sf
45 0'
51.0
t0 0fl cam
1030.0 of
410.0'
186.0'
Sketch by Apt. Medina".
30O'
PAGE 6
Pizza Hut
RESTAURANT
BLT 1995
CLASS D
Stucco Siding
15' - 18'wh
HVAC
3,617 sq ft.
373 sq R. equip loft
Sketch by Apex IV'.
COOLER
20.0
8 W H
Page 7
0
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Habitat (old Safeway)
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COST APPROACH
LAND VALUE
Sales utilized to establish the value in the subject neighborhood are from 2007 and the first six
months of the 2008 market for the 2009 assessment date. The comparative sales approach is the
most reliable method of land valuation. Pursuant to 39-104-(10.2) (c) C. R. S., the Assessor may
utilize sales from July 2003 through June 2008 to establish the proper value, if sufficient information
not available in the prior 18 months. Also, comparables outside the subject property area may be
used. The Weld County Assessor has an established ongoing sales confirmation and validation
program for property transactions used in developing value.
The land size of the subject is 2,593,759 square feet. It has been determined from market sales of
similar land that a value of $4.00 psf or $10,375,036 is applicable for the subject properties land are
Comparable
1
Comparable
2
Comparable
3
Comparable
4
Parcel Number
095914416001
Centerplace
095922149001
Greeley Commons
095914310001
Lowes
095914309001
Kohls Centerplace
Sale
Date
11/16/07
06/30/04
04/29/04
07/17/03
Sale Price
$4,183,851
$3,070,000
$2,750,000
$1,868,500
Land Size
721,332
627,046
580,443
533,864
Per Acre
$5.80
$4.90
$4.74
$3.50
Range $3.50 to $5.80
Average $4.73
Median $4.82
ASSESSOR'S SUBJECT LAND VALUE
$10,375,036
Page 10
Cost Approach Summary
PARCEL NUMBER
PROPERTY OWNER
ADRESS
CITY, STATE, ZIP
DATE OF APPRAISAL
OCCUPANCY:
FLOOR AREA (SQ. FT.)
CLASS:
COST RANK
HEATING AND COOLING
RCN BASIC STRUCTURE
COST
perimeter adjustment
wall height adjustment
Current multiplier
Local multiplier
Adjusted RCN Basic Cost
EXTRAS:
Conc.
Asphalt
Loading Docks
TOTAL RCN
LESS DEPRECIATION
All forms
RCN LESS DEPR.
ADD IN LAND VALUE
TOTAL VALUE
VALUE PER Sq Ft
096119218001 +
Greeley Mall
2050 Greeley Mall Street
Greeley, Colo
06/30/08
Regional Shopping ctr
425,752
S
Avg
Warm & Cool Air
Zoned
UNITS
425,752
Sq Ft
28,680
998,614
1,290
0.21
NUMBER OF STORIES
AVERAGE STORY
HEIGHT
YEAR BUILT
Effective Age
Estimated Life
COST
$89.39
0.82
1.127
1.00
0.99
Cost PSF
$2.80
$2.10
$17.87
$7,774,122
1
18
1973
1985
55
TOTAL
$38,057,9-i
$34,819,1E
80,304
2,097,08£
23,052
$37,019,6:
$29,245,5(
$10,375,0::
$39,620,54
$93.I
MARKET APPROACH SUMMARY
Real Property for the tax year 2009 must be valued utilizing data for the period one and one-half
years immediately prior to July 1, 2008. If comparable valuation data is not available from such one
and one-half year period to adequately determine the level of value for a class of property, the perio'
of five years immediately prior to July 1, 2008 shall be utilized to determine the level of value.
The Assessor has appropriately considered the Market Approach to value for the property on appea
The Sales Comparison Approach was considered in developing a market value for the Subject. Sal
used to establish a market value for the tax year 2009 are from January 1, 2007 through June 30,
2008. Pursuant to 39-1-104 (10.2)(c) C. R. S., the Assessor may utilize sales five years prior to July
1, 2008 to establish the proper value. All sales have been confirmed and verified through transfer
declarations as well as interviews with buyers, sellers or their representatives to the sale. All sales
used are arm's length transactions, and considered to be the most comparable properties sold in
relationship to the Subject property.
Based upon investigation and analysis, it is the opinion of the appraisers that the
value of $100.00 accurately reflects the market value of the subject property.
VALUE As INDICATED BY THE MARKET APPROACH
$42,575,200
Page 12
COMPARATIVE SALES APPROACH
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Adj Sale PSF
Comps range:
CompsMedian:
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COMPARABLE SALE #1
ACCOUNT
PRIMARY OCC: Regional Shopping Center
SECONDARY OCC:
THIRD OCC:
ADDRESS:
R4473006 +
Bit 2003
8
W
200
-mu
N
Louise of 12d1a
maw 4
e
St
$6O
aea
esa
ml 2430
211O
lobe air evr.•.et`
s
Latina
J.C Paaep
v
0'
Bldg #1
Enclosed Mall Area
125310.0
2090
60A
Usria of
oira
4100
188.0'
220.0'
Bldg 03
Diierds
Department Store
42.852 sf
1860'
44 0+Siw Ito
19!00 et
102.0' 3 a 16 0' 102.0'
NZ
C1 r?? up.i•1
COUNTY: WELD
PARCEL NUMBER: 096119218001 +
PERCENT: 100%
PERCENT:
PERCENT:
2050 GREELEY MALL ST, GREELEY
RECEPT NUMBER: 3407475 & 3407476
GRANTOR: MACERICH GREELEY ASSOCIATES
GRANTEE: GREELEY MALL I/GKD FUND I LLC
YEAR BUILT:
EFFECTIVE AGE:
LAND SIZE (SF):
BLDG SIZE (SF):
WALL HEIGHT:
STORIES:
BSMNT SIZE:
BSMNT FINISH:
ZONING:
QUALITY:
COMMENTS:
1973, 1995, 2003
2,603,453
477,446
20
1
Average
The sale as one economic unit.
SALE DATE:
SALE PRICE:
ADJ SALE PRICE:
CLASS:
LAND/BLDG RATIO:
LAND VALUE:
IMPS PRICE/SF:
SALE PRICE/SF:
INTEREST RATE:
DOWN PYMT:
LOAN TERM (YRS):
POINTS PAID:
7/27/2006
$49,200,000
$49,180,000
C
5.34
$10,413,812
$77.13
$103.00
490
610
1000 et
rl d
PAGE 14
0
C
0
LI
COMPARABLE SALE #2
ACCOUNT
PRIMARY OCC:
SECONDARY OCC:
THIRD OCC:
R3118504
Community Shopping Center
ADDRESS: 4711 THRU 4759 29 ST GREELEY
RECEPT NUMBER: 3321190
GRANTOR: GREELEY COMMONS LLC
GRANTEE: GREELEY SHOPPING CENTER LLC
YEAR BUILT:
EFFECTIVE AGE:
LAND SIZE (SF): 627,046
BLDG SIZE (SF): 138,446
WALL HEIGHT:
STORIES:
BSMNT SIZE:
BSMNT FINISH:
ZONING:
QUALITY: Good
COMMENTS: GREELEY COMMONS SHOPPING CENTER HAS SIX SEPARATE RETAIL BUILDINGS AND
ONE BANK WITH DRIVE -UP FACILITY. IT IS ANCHORED BY BIG BOX TENANTS SUCH AS
CIRCUIT CITY 21,236 SF, OFFICE MAX 19,848 SF, and MICHAEL'S 21,323 SF.
APPROXIMATELY 5,073 SF VACANT AS SHELL BUILDING SPACE AT TIME OF SALE.
COUNTY: WELD
PARCEL NUMBER: 095922149001
PERCENT: 100%
PERCENT:
PERCENT:
SALE DATE:
SALE PRICE:
ADJ SALE PRICE:
8/25/2005
$21.000,000
2004 & 2005
I
CLASS:
LAND/BLDG RATIO:
LAND VALUE:
IMPS PRICE/SF:
SALE PRICE/SF:
INTEREST RATE:
DOWN PYMT:
LOAN TERM (YRS):
POINTS PAID:
4.62
$2,506,304
$133.58
$151.68
Page 15
COMPARABLE SALE #3
ACCOUNT NUMBER: R2587603 & R2587703
PRIMARY OCC: Community Shopping Center
SECONDARY OCC:
THIRD OCC:
ADDRESS:
COUNTY: WELD
PARCEL NUMBER: 095914309001 & 002
PERCENT: 100%
PERCENT:
PERCENT:
4224 CENTERPLACE DR GREELEY
RECEPT NUMBER: 3213029
GRANTOR: CENTERPLACE GREELEY LLC
GRANTEE: GREELEY REALTY VENTURES LLC
YEAR BUILT: 2003
EFFECTIVE AGE:
LAND SIZE (SF): 491,948
BLDG SIZE (SF): 98,039
WALL HEIGHT: 20
STORIES: 1
BSMNT SIZE:
BSMNT FINISH:
ZONING:
GRE PUD
SALE DATE:
SALE PRICE:
ADJ SALE PRICE:
CLASS:
LAND/BLDG RATIO:
LAND VALUE:
IMPS PRICE/SF:
SALE PRICE/SF:
INTEREST RATE:
DOWN PYMT:
LOAN TERM (YRS):
POINTS PAID:
QUALITY:
8/6/2004
$11.900,000
$11,900,000
C
5.09
$1,967,792
$101.30
$121.38
Average
PAGE 16
CBOE_COMM _01 C
Page
COMPARABLE SALE #4
ACCOUNT R2459886
PRIMARY OCC: Neighborhood Shopping
SECONDARY OCC:
THIRD OCC:
ADDRESS:
COUNTY: WELD
PARCEL NUMBER: 095913412013
PERCENT: 100%
PERCENT:
PERCENT:
2305 THRU 2401 W 27 ST GREELEY
RECEPT NUMBER: 3357052
GRANTOR: 2305 GREELEY LLC UND 20% INT &
GRANTEE: SOUTH STREET PARTNERS LTD LLC
YEAR BUILT:
EFFECTIVE AGE:
LAND SIZE (SF): 368,561
BLDG SIZE (SF): 86,064
WALL HEIGHT: 16
STORIES: 1
BSMNT SIZE:
BSMNT FINISH:
ZONING:
QUALITY:
COMMENTS:
SALE DATE: 1/19/2006
SALE PRICE: $7,100,000
ADJ SALE PRICE:
CLASS:
LAND/BLDG RATIO:
LAND VALUE:
IMPS PRICE/SF:
SALE PRICE/SF:
INTEREST RATE:
DOWN PYMT:
LOAN TERM (YRS):
POINTS PAID:
1979 THRU 1986
GRE CI I
Average
WILLOW STATION SHOPPING CENTER I S AN UNANCHORED CENTER WITH FIVE
SEPARATE RETAIL BUILDINGS. APPROXIMATELY 20% VACANT AT TIME OF SALE.
CONFIRMED WITH NAVID SAIDI.
C
4.28
$1,474,244
$65.36
$82.49
PAGE 17
CBOE_COMM_01(
Page
COMPARABLE SALE #5
ACCOUNT
PRIMARY OCC:
SECONDARY OCC:
THIRD OCC:
ADDRESS:
R2429803
Community Shopping Center
COUNTY: WELD
PARCEL NUMBER: 080718402001, 002,003, 006, 013
PERCENT: 100%
PERCENT:
PERCENT:
1520, 1540, 1550, 1560 MAIN ST WINDSOR
RECEPT NUMBER: 3431469
GRANTOR: NEW WINDSOR MARKETPLACE LLC
GRANTEE: NSS WINDSOR HOLDINGS LLC
YEAR BUILT: 2003
EFFECTIVE AGE:
LAND SIZE (SF): 472,389
BLDG SIZE (SF): 96,062
WALL HEIGHT: 25 & 22
STORIES: 1
BSMNT SIZE:
BSMNT FINISH:
ZONING:
QUALITY: Good
SALE DATE:
SALE PRICE:
ADJ SALE PRICE:
CLASS:
LAND/BLDG RATIO:
LAND VALUE:
IMPS PRICE/SF:
SALE PRICE/SF:
INTEREST RATE:
DOWN PYMT:
LOAN TERM (YRS):
POINTS PAID:
10/24/2006
$9,900,000
$9,600,000
C
4.92
$2,834,334
$70.43
$99.94
COMMENTS: NEW WINDSOR MARKETPLACE HAS 96,062 S.F. OF RETAIL SPACE. THE CENTER IS ANCHORED BY A
66,662 S.F. KING SOOPER'S STORE WITH AN ATTACHED SMALL RETAIL STRIP WING WITH 15,400 S.F.. A SECOND
STANDALONE RETAIL BUILDING CONTAINS 14,000 S.F.. THE PURCHASE PRICE WAS ADJUSTED BY $300,000 FOR
THE KING SOOPER SELF SERVE GAS STATION INCLUDED IN SALE. 4,200 S.F. WAS VACANT OR 4.3% AT TIME OF
SALE. CONFIRMED SALE WITH NICK STUDEN JR.
PAGE 18
CBOE_COMM_01 C
Page
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INCOME APPROACH SUMMARY
The Weld County Assessor has appropriately considered the Income Approach to value for the
Subject property on appeal.
The Assessor has gathered income information from local commercial properties for the time frame
January 1, 2007 through June 30, 2008. This information, combined with statewide and industry-wic
data, is used to determine typical income and expenses for various property types.
In conclusion of the Income Approach, the Assessor has considered both groups of data and has pu
more emphasis on the local factors and data than the state and national data. This information was
then applied to the subject property to arrive at an appropriate Income Approach Value.
TOTAL INCOME VALUE FOR THE SUBJECT PROPERTY
$35,289,053
Page 20
CBOE_COMM_OIC
Page
Capitalization Rates
The overall capitalization rate was established by utilizing the Winter 2007/2008
issue of the Burbach & Associates Real Estate Investment Survey and the Korpacz
Real Estate Investor Survey. The Burbach Report showed a range of stabilized cap
rates from 6.5% to 8.5%. The Korpacz Report showed an average rate of 6.78%.
For the purpose of this report a capitalization rate of 8.0% was chosen to be
applicable for the subject property. Added to the 8.0% cap rate was an effective ta)
rate of 2.18% and then rounded to 10.5% .
The 10.5% was reduced 2.0% to 8.5% for the land only leases. This was done
because a land capitalization rates do not include a recapture rate. Recapture is the
return of the portion of the investment in an asset that will waste away (be used up)
during the investment period. Land does not waste away thus the 2.0% reduction it
the land capitalization rate. The recapture rate was determined by dividing 1 by the
expected life of the subject's building or 1/50 = 2%.
Page 21
CBOE_COMM_01 0
Page
Income Approach
(Actual Income and actual vacancy)
Net Operating
Income
Lot #1
Cap Rate Value per Income
Enclosed Mall (includes
Dillards) $2,874,739 10.5% $27,378,467
Land Leases $504,971 8.5% $5,940,835
Total Lot #1 $3,379,710 $33,319,302
Lot #2
Habitat (old Safeway) -$13,737 10.5% -$130,829
Main Strip Center $169,453 10.5% $1,613,838
Auto Zone Land $36,850 8.5% $433,529
Gas Station Land $4,523 8.5% $53,212
Total #2 $197,089 $1,969,751
Total Income (both lots 1-2) $3,576,799
Total Value per the
income Approach! $35,289,053
Page 22
COOE_COMM_01[
Page
CONCLUSION
Real property for tax year 2009 must be valued utilizing the level of value for the period of one and
one-half years immediately prior to July 1, 2008. Except that, if comparable valuation data is not
available from such one -and one -half -year period to adequately determine the level of value of a cla:
of property. The period of five years immediately prior to July 1, 2008 shall be utilized to determine
the level of value. Said level of value shall be adjusted to the final day of the data gathering period.
Changes occurring between base years are not to be accounted for until the following level of value i
implemented, other than additions, change in use, detrimental acts of nature, damage due to fire, etc
or creation of a condominium, or any new regulations restricting or increasing the use of the land, or
combination thereof. {39-1-104(11)(b)(1) C. R .S.}
The subject property has been classified as Commercial Property for assessment purposes.
Commercial property value shall be determined by appropriate consideration of the Cost Approach,
Market Approach, and Income Approach to value. {39-1-103(5)(a) C. R. s.) The Assessor has considere
all three approaches to value for the subject parcel on appeal.
FINAL RECONCILIATION
After consideration of the cost, market and income approaches, it is the Weld County Assessor's
opinion that the value of $39,384,303 most accurately reflects the value of the subject property in
Weld County for the 2009 tax year.
Cost Approach
Sales Comparable
Approach
Income Approach
$39,620,811
$42,575,200
$35,289,053
Assessor's Value
Land $10,375,036
Improvements $28,979,267
Total Value $39,354 303
Page 23
CBOE_COMM_010
Page
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REAL AND PERSONAL PROPERTY
NOTICE OF DETERMINATION
Christopher M. Woodruff
WELD Assessor
1400 N 17th Ave
GREELEY, CO 80631
Date of Notice: 6/24/2009
Telephone: (970) 353-3845
Fax: (970) 304-6433
Office Hours: 8:00 AM - 5:00 PM
SCHEDULE/ACCOLJNT NO.
R0072287
2009
4049
O
GREELEY GKD LLC
C/O GK DEVELOPMENT INC
303 EAST MAIN ST STE 201
BARRINGTON, IL 60010
GR 12780-C IMPS ONLY PT N2NW4 19 5 65
YORK 1ST ANNX (LANDOWNER #GR 12780
MACERICH GREELEY ASSOC) SITUS: 1750
GREELEY MALL ST GREELEY 80631
1750 GREELEY MALL ST
GREELEY, CO 80631
COMMERCIAL
1,387,115
PROPERTY CLASSIF
3S6WS VALUATION
ACTUAL VALUE AFTER
1,387,115
TOTAL
$1,387,115
$1,387,115
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:
LHO2 - No change has been made to the valuation of this property. Colorado law requires us to send
this notice of denial for all properties on which we do not adjust the value.
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
2009-1848
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, 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.gov/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, § 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 for real property pursuant to § 39-8-106(1.5), C.R.S.)
$ hoe?
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, ety.)
ATTESTATION
I, the undersi ned owner or agent' of the property identified above, affirm that the statements
ntained he nd on a achments veto are true and complete.
y—/`5/3 "1///
ign' '/7 110 Telephone Number Date
1 Attach letter of authorization signed by property owner.
15-DPT-AR
PR 207-08/08
NOD 4: 5442
EXHIBIT "A"
ATTACHMENT TO COUNTY BOARD OF EQUALIZATION PETITION OF
GREELEY GICD LLC, SCHEDULE NUMBERS
R4473206, R4473306 and R0072287
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, 2008.
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 $2,171,650 value assigned to schedule numbers R4473206 for 2009, is excessive and
should be reduced. Review of the actual income and expenses indicates of value of
approximately $1, 500,000. Approximately 8,262 square feet of the 25,142 gross area
was vacant as of the January 1, 2009 assessment date. We request that the value be
reduced to $1,500,000.
5. The $644,848 value assigned to schedule numbers R4473306 for 2009 is excessive and
should be reduced. We believe that the assigned value of $4.00 per square foot is
excessive and that an assigned value of $2.00 per square foot is reasonable. We request
that the value be reduced to $322,424.
6. The $1,387,115 value assigned to schedule number R0072287 for 2009 is excessive and
should be reduced. This 28,605 square foot property is occupied by a thrift store and
operates at a loss. Review of the actual income and expenses for this parcel indicates a
negative value. We request that the value be reduced to $ 1.00.
7. Analysis of this property is ongoing. Further quantification of the economic
obsolescence and other market factors may warrant a further reduction in the requested
value.
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CLERK TO THE BOARD
PHONE (970) 356-4000 EXT 4226
FAX: (970) 352-0242
WEBSITE: www.co.weld.co.us
915 10TH STREET
P.O. BOX 758
GREELEY, COLORADO 80632
COLORADO
July 27, 2009
GREELEY GKD LLC
CIO GK DEVELOPMENT INC
303 EAST MAIN ST STE 201
BARRINGTON, IL 60010
Parcel No.: 096119218043 Account No.: R0072287
Dear Petitioner(s):
The Weld County Board of Equalization has set a date of August 5, 2009, at or about the hour of
3:30 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, 2009, and mailed to
you on or before August 12, 2009.
Because of the volume of cases before the Board of Equalization, all cases shall be limited to 15
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.
GREELEY GKD LLC - R0072287
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
Esther E. Gesick
Deputy Clerk to the Board
cc: Christopher Woodruff, Assessor
DOWNEY AND MURRAY LLC
ATTN: THOMAS DOWNEY
383 INVERNESS PARKWAY STE 300
ENGLEWOOD, CO 80112
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Mr. Downey,
Esther Gesick
Friday, July 24, 2009 12:12 PM
'ted@downeymurray.com'
Courtney Anaya; 'Esther Gesick, Weld County'
Weld County Board of Equalization (BOE)
Although I had previously sent letters indicating the Greeley Mall accounts were scheduled
for July 28, 2009, at 3:45 p.m., the Assessor's Office informed me that the accounts were
rescheduled to Wednesday, August 5, 2009, at 3:30-4:30 p.m., to allow additional time to
review the properties. The accounts are as follows:
R0072287 - Greeley GKD, LLC
R4473206 - Greeley GKD, LLC
R4473306 - Greeley GKD, LLC
R4473006 - Greeley Mall I/GKD Fund I, LLC
R3761086 - Dillards Property Tax Dept
R1044296 - Preferred Income Investors LLC, dba, c/o Pizza Hut - Greeley Mall
Please accept this e-mail as your notification to disregard the letters concerning a hearing
on the 28th and I will follow-up with revised letters for the hearing on August 5, 2009.
If you have any questions, please reply or call me at the address below.
Thank you.
Esther E. Gesick
Deputy Clerk to the Board
Weld County, Colorado
915 10th Street
Greeley, CO 80631
(970)356-4000 X4226
(970)352-0242 (fax)
Esther Gesick
From:
To:
Sent:
Subject:
Tom Downey [ted@downeymurray.com]
Esther Gesick
Friday, July 24, 2009 12:16 PM
Read: Weld County Board of Equalization (BOE)
Your message was read on Friday, July 24, 2009 12:16:06 PM (GMT -07:00) Mountain Time (US & Canada).
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