HomeMy WebLinkAbout20092160.tiff;;TI
COLORADO
August 19, 2009
SECURE WORLD FOUNDATION
314 W CHARLES ST
SUPERIOR, CO 80027
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 -
ADMINISTRATIVE DENIAL OF PETITIONER'S APPEAL AND AFFIRM
ASSESSOR'S VALUE
DESCRIPTION OF PROPERTY: ACCOUNT #: R4900907 PARCEL #: 096120208027 - EVS L4
THRU L8 & L12 AMD SOUTHGATE SUB SITUS: EVANS 806200000
Dear Petitioner:
On July 31, 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 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 2009.
The assessment and valuation of the Weld County Assessor was affirmed as follows:
ACTUAL VALUE AS
DETERMINED BY
ASSESSOR
ACTUAL VALUE AS
SET BY BOARD
$235,224 $235,224
2009-2160
AS0073
PO'. /IS, aft, Pr -7-0-c=' t)e d64)-0 ( 07
SECURE WORLD FOUNDATION - R4900907
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 notice of 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
2009-2160
AS0073
SECURE WORLD FOUNDATION - R4900907
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
DANIEL BARTHOLOMEW
6795 E TENNESSEE AVE STE 400
DENVER, CO 80224
2009-2160
AS0073
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/ACCOUNT NO.
TAX YEAR
TAX AREA
LEGAL DESCRIPTION/
PHYSICAL LOCATION
R4900907
2009
0650
EVS L4 THRU L8 & L12 AMD SOUTHGATE
SUB SITUS: EVANS 806200000
EVANS, CO 806200000
PROPERTY OWNER
SECURE WORLD FOUNDATION
314 W CHARLES ST
SUPERIOR, CO 80027
PROPERTY CLASSIFICATION
ASSESSOR'S VALUATION
ACTUAL :VALUE PRIOR
TO
REVIEW
ACTUAL VALUE AFTER
REVIEW
VACANT LAND
235,224
235,224
TOTAL
$235,224
$235,224
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.
BARTHOLOMEW DANIEL R
6795 EAST TENNESSEE AVENUE SUITE 400
DENVER CO 80224
2009-2160
15 -OPT -AR
PR 207-08/08
NOD #: 6537
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 9W Avenue and 9th 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.)
What is the basis for your estimate of value or your reason for requesting a review? (Please
attach additional sheets as necessary and any sygporting docurrentatiops i.e., comparable sales, rent
roll, original inst II ICJ cost, appraisal, etc.)ewer- a
ATTESTATION
agent ne the t of the property identified above, affirm that the statements
ttachments hereto are true and complete.
Telephone Number Date
Attach letter of authorization signed by property owner.
15 -OPT -AR
PR 207-08/08
NOD #: 6537
DANIEL R. BARTHOLOMEW
Attorney & Counselor at Law
6795 East Tennessee Avenue
Suite 400
Denver, Colorado 80224
(303) 757-1799
(303) 757-1793 fax
July 14, 2009
Weld County Board of Equalization
915 10th Street
P.O. Box 758
Greeley, Colorado 80632
Re: Notice of Appeal
TriPointe Business Center
Arsenault Acquisition Corp. - Owner contact
Susan Christensen or Sharon Eshima (303) 466-2500
c/o Dan R. Bartholomew
6795 East Tennessee Avenue
Suite 400
Denver, Colorado 80224
Schedule Numbers: R4648007, R4900807 and R4900907
Property Address: 3001 E. 8`h Avenue, Evans, CO 80620
To the Board:
In my capacity as a Colorado attorney (Registration #16772) I have been engaged by the Owner
of the above referenced property (the "Property"), to review the actual value assigned by the
Assessor's office to the Property for the purpose of determining if the value assigned to the
Property by the Assessor's office accurately reflects the actual value of the Property on the
applicable valuation date.
The Property was purchased on October 10, 2003 for $950,000. The NOI of the Property
for 2008 was negative for the fifth straight year. The cumulative negative NOI for the
Property from the time of purchase through 1/1/09 is in excess of $1,800,000, not including
the property taxes as an operating expense or other carrying costs to the owner.
Based upon the actual income and expenses of the Property during the eighteen month base
period, the Property should not be valued in excess of $1,600,000. The Property has
averaged over 70%vacancy from the time of purchase through the present, averaged
50.15% vacancy from 1/1/07 through 1/1/09 and was 36.09% vacant on 6/30/08. The
vacant land parcel was acquired to provide additional parking to the primary parcel and
should be valued as a tie back parcel to the main parcel.
It is apparent that this Property is eroding in value over time, due to the chronic vacancy
and inability to begin generating positive NOI.
Therefore, we respectfully request that the valuation of the Property be reduced accordingly.
Sincerely,
Dan R. Bartholomew
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COLORADO
July 23, 2009
SECURE WORLD FOUNDATION
314 W CHARLES ST
SUPERIOR, CO 80027
Dear Petitioner(s):
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
Parcel No.: 096120208027 Account No.: R4900907
The Weld County Board of Equalization has set a date of July 31, 2009, at or about the hour of
5:00 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.
SECURE WORLD FOUNDATION - R4900907
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
✓<t. C"
Esther E. Gesick
Deputy Clerk to the Board
cc: Christopher Woodruff, Assessor
DANIEL BARTHOLOMEW
6795 E TENNESSEE AVE STE 400
DENVER, CO 80224
Esther Gesick
From:
Sent:
To:
Subject:
Dan Bartholomew [bartholomew.rebizlaw@gmail.com]
Tuesday, July 28, 2009 12:58 PM
Esther Gesick
Re: Administrative Denial
Thanks for the email Esther,
This reply confirms my request for an Administrative Denial for the three (3) listed accounts currently
scheduled for 5 pm on July 31, 2009.
Please let me know if you have any other questions.
Dan Bartholomew
On Tue, Jul 28, 2009 at 12:52 PM, Esther Gesick <egesick@co.weld.co.us> wrote:
Hi Dan,
Thanks for responding to my call and expressing your intent regarding the three accounts in question. Would
you please reply to this e-mail as written confirmation of your verbal request for an Administrative Denial for
the following accounts currently scheduled for 5:00 p.m., on July 31, 2009, and I will also forward your
response to the Assessor's Office.
R4900907 - Secure World Foundation
R4900807 - TriPointe Business Center, LLC
R4648007 - TriPointe Business Center, LLC
Thanks!
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)
DANIEL R. BARTHOLOMEW
Attorney & Counselor at Law
6795 East Tennessee Avenue
Suite 400
Denver, Colorado 80224
(303) 757-1799
1
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