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Home My WebLink About20092594.tiffPETITION TO STATE BOARD OF ASSESSMENT APPEALS 1313 Sherman Street, Room 315 Phone: (303) 866-5880 Denver, Colorado 80203 Fax: (303) 866-4485 Date: September 16, 2009 Property Owner: ARC Communities 1 LLC C/o Marvin F. Poer and Company Subject Property: 2626 W 1st Street, Greeley Street Address City Schedule Number(s): R1654686 Appeals the decision of the Weld County Attach separate sheet if necessary OBoard of Equalization ['Board of Commissioners ❑State Property Tax Administrator For Office Use Only Docket No Fee: Y N Check/Credit Card # P F H Dated: 08/19/2009 This Appeal concerns: Valuation ❑ Refund/Abatement O Exemption OState Assessed Tax Year: 2009 The subject property is currently classified as: 0 Agricultural ❑Commercial °Exempt ❑Industrial ❑Mixed Use ❑Natural Resources ❑ Oil & Gas D Personal °Possessory O Producing OResidential ❑State Assessed 0 Vacant Land Interest Mines Actual Value assigned to subject property: $9,157,500 Petitioner's estimate of value: $7,000,000 Estimated time for Petitioner to present the appeal: 60 minutes or 1 hours. Not less than 30 minutes. Board will allow equal time to County or Property Tax Administrator. Appearance: ❑ Petitioner will be present at the hearing O Petitioner will be represented by an agent O Petitioner will be represented by an attorney ❑Petitioner will appear by telephone Petitioner is responsible for calling the Board at 303-866-5880 on the scheduled date and time of hearing (Mountain Time Zone) All entities must appear under the representation of an attorney licensed in Colorado. Closely held entities, however, require no attorney if they are represented by an officer of the entity as long as the amount in controversy does not exceed $10,000, exclusive of costs, interest or statutory penalties. A closely held entity can have no more than three owners. A trust need not be represented by an attorney as it is not an entity. Filing Fee: ❑ 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). ❑ $ 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 Property overvalued by the Market Approach (ytw ,y 42: sc9 //1 -coo / 2009-2594 Required attachments to this form: O Assessor's or Property Tax Administrator's Notice of Valuation or Notice of Denial O Decision of County Board of Equalization, County Board of Commissioners or Property Tax Administrator Attachments required under certain circumstances: O A notarized Letter of Authorization if an agent will be representing Petitioner 0 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 County 0 Board of Equalization O Board of Commissioners ❑ State Property Tax Administrator at the following address: 915 10th Street P.O. Box 758 Greeley, CO 80632 on 9-17-2009 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 9-17-2009 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 9-17-2009 Date (One copy may be faxed to the Board but the original and two additional copies must be mailed or hand delivered.) Petitioner's Mailing Address is Required Even if Petitioner is Represented by An Agent or Attorney (per C.R.S. 39-8-109) Signature of Agent C or Attorney to Ronald Loser Printed Name 1099 18th Street Suite 2600 Mailing Address Denver, CO 80202 City, State, Zip Code Telephone: 303-297-2600 E -Mail: Attorney Reg. No.: eps`p`" °'rlar"d`v` Signature of Petitioner Joseph Monzon Printed Name P.O. Box 790830 Mailing Address San Antonio, TX 78279 City, State, Zip Code Telephone: 303-573-0975 E -Mail: Daytime number 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. COLORADO 2072/nz97.2- i t August 19, 2009 ARC COMMUNITIES 1 LLC PROPERTY TAX DEPARTMENT P O BOX 790830 SAN ANTONIO, TX 78279-0830 RECEIVE`) AUG 2 1 2009 NLF,POER DENVER 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 #: R1654686 PARCEL #: 095901106017 - GR 17280 L2 THRU 7 NW4NE4 1 5 66 & ALL L3-4 & THAT PT OF LOTS 5-6 SW4NE4 N OF #3 CANAL ALSO L1-2 SW4NE4 1-5-66 PT AXSOM ADD(VILLA WEST MOBILE PARK) SITUS: 2626 W 1 ST GREELEY 00000 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 $9,157,500 $9,157,500 2009-2139 AS0073 ARC COMMUNITIES 1 LLC - R1654686 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 OBOE 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 OBOE 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 2009-2139 AS0073 ARC COMMUNITIES 1 LLC - R1654686 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, C_f Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor MARVIN F. POER AND COMPANY 410 17TH ST STE 1175 DENVER, CO 80202 2009-2139 AS0073 PETITION TO STATE BOARD OF ASSESSMENT APPEALS 1313 Sherman Street, Room 315 Phone: (303) 866-5880 Denver, Colorado 80203 Fax: (303) 866-4485 Date: September 16, 2009 Property Owner: ARC Communities 2 LLC C/o Marvin F. Poer and Company Subject Property: 435 N 35 Avenue, Greeley City Street Address Schedule Number(s): R8022399 Appeals the decision of the Weld County Attach separate sheet if necessary OBoard of Equalization ['Board of Commissioners ID State Property Tax Administrator For Office Use Only Docket No Fee: Y N Check/Credit Card # P F H Dated: 08/19/2009 This Appeal concerns: 1a valuation ❑ Refund/Abatement ❑ Exemption ❑State Assessed Tax Year: 2009 The subject property is currently classified as: O Agricultural ❑ Oil & Gas ['Vacant Land ❑ Commercial D Personal °Exempt °Possessory Interest O Industrial 0 Producing Mines Actual Value assigned to subject property: $14,620,000 ❑Mixed Use OResidential ❑State Assessed ❑Natural Resources Petitioner's estimate of value: $10,000,000 Estimated time for Petitioner to present the appeal: 60 minutes or 1 hours. Not less than 30 minutes. Board will allow equal time to County or Property Tax Administrator. Appearance: ❑ Petitioner will be present at the hearing 0 Petitioner will be represented by an agent 0 Petitioner will be represented by an attorney ❑Petitioner will appear by telephone Petitioner is responsible for calling the Board at 303-866-5880 on the scheduled date and time of hearing (Mountain Time Zone) All entities must appear under the representation of an attorney licensed in Colorado. Closely held entities, however, require no attorney if they are represented by an officer of the entity as long as the amount in controversy does not exceed $10,000, exclusive of costs, interest or statutory penalties. A closely held entity can have no more than three owners. A trust need not be represented by an attorney as it is not an entity. Filing Fee: ❑ None ❑ $ 33.75 O $101.25 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). 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). 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 Property overvalued by the Market Approach Required attachments to this form: 0 Assessor's or Property Tax Administrator's Notice of Valuation or Notice of Denial O Decision of County Board of Equalization, County Board of Commissioners or Property Tax Administrator Attachments required under certain circumstances: 0 A notarized Letter of Authorization if an agent will be representing Petitioner O 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 County O Board of Equalization o Board of Commissioners ❑ State Property Tax Administrator at the following address: 915 10th Street P.O. Box 758 Greeley, CO 80632 on 9-17-2009 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 9-17-2009 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 9-17-2009 Date (One copy may be faxed to the Board but the original and two additional copies must be mailed or hand delivered.) Petitioner's Mailing Address is Required Even if Petitioner is Represented by An Agent or Attorney (per C.R.S. 39-8-109) Signature of Agent D or Attorney l;a Ronald Loser Printed Name 1099 18th Street Suite 2600 Mailing Address Denver, CO 80202 City, State, Zip Code Telephone: 303-297-2600 Signa r- of Petition Joseph Monzon Printed Name riatr-„, er P.O. Box 790830 Mailing Address San Antonio, TX 78279 City, State, Zip Code Telephone: 303-573-0975 E -Mail: E -Mail: Daytime number 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. 2_O{0727 3297/ g CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4226 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 Wilk COLORADO August 19, 2009 ARC COMMUNITIES 2 LLC PROPERTY TAX DEPT P O BOX 790830 SAN ANTONIO, TX 78279-0830 RECEIVED AUG 2 1 2009 M,F POER DENVER RE: THE BOARD OF EQUALIZATION, 2009, WELD COUNTY, COLORADO - ADMINISTRATIVE DENIAL OF PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE DESCRIPTION OF PROPERTY: ACCOUNT #: R8022399 PARCEL #: 080535001001 - GR SS1 L1 BLK1 STONEYBROOK SUB FILING #1 SITUS: 435 N 35 AV GREELEY 80631 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 $14,620,000 $14,620,000 2009-2140 AS0073 ARC COMMUNITIES 2 LLC - R8022399 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 OBOE 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 OBOE 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 2009-2140 AS0073 ARC COMMUNITIES 2 LLC - R8022399 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, r Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor MARVIN F. POER AND COMPANY 410 17TH ST STE 1175 DENVER, CO 80202 2009-2140 AS0073 PETITION TO STATE BOARD OF ASSESSMENT APPEALS 1313 Sherman Street, Room 315 Phone: (303) 866-5880 Denver, Colorado 80203 Fax: (303) 866-4485 Date: September 8, 2009 Property Owner: ARC COMMUNITIES 8 LLC C/o Marvin F. Poer and Comparf Subject Property: 2036 1 Avenue, Greeley Street Address City Schedule Number(s): R3395986 Appeals the decision of the Weld County Attach separate sheet if necessary 2Board of Equalization ❑Board of Commissioners El State Property Tax Administrator For Office Use Only Docket No. Fee: Y N Check/Credit Card # P F H Dated: 8/19/2009 This Appeal concerns: IDValuation ❑ Refund/Abatement 0 Exemption ❑State Assessed Tax Year: 2009 The subject property is currently classified as: 0 Agricultural ❑Commercial ❑Exempt 0 Industrial ❑Mixed Use ONatural Resources ❑ Oil & Gas t7 Personal ❑Possessory 0 Producing ❑Residential ❑State Assessed 0 Vacant Land Interest Mines Actual Value assigned to subject property: $4,065,500 Petitioner's estimate of value: Estimated time for Petitioner to present the appeal: 60 minutes or 1 hours. Not less than 30 minutes. Board will allow equal time to County or Property Tax Administrator. Appearance: ❑Petitioner will be present at the hearing O Petitioner will be represented by an agent m Petitioner will be represented by an attorney ❑Petitioner will appear by telephone Petitioner is responsible for calling the Board at 303-866-5880 on the scheduled date and time of hearing (Mountain Time Zone) All entities must appear under the representation of an attorney licensed in Colorado. Closely held entities, however, require no attorney if they are represented by an officer of the entity as long as the amount in controversy does not exceed $10,000, exclusive of costs, interest or statutory penalties. A closely held entity can have no more than three owners. A trust need not be represented by an attorney as it is not an entity. Filing Fee: ❑ 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). ❑ $ 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). to $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 Property overvalued by the Market Approach Required attachments to this form: 0 Assessor's or Property Tax Administrator's Notice of Valuation or Notice of Denial 0 Decision of County Board of Equalization, County Board of Commissioners or Property Tax Administrator Attachments required under certain circumstances: 0 A notarized Letter of Authorization if an agent will be representing Petitioner 0 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 County 0 Board of Equalization 0 Board of Commissioners ['State Property Tax Administrator at the following address: 915 10th Street P.O. Box 758 Greeley, CO 80632 on 9-17-2009 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 9-17-2009 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 9-17-2009 Date (One copy may be faxed to the Board but the original and two additional copies must be mailed or hand delivered.) Petitioner's Mailing Address is Required Even if Petitioner is Represented by An Agent or Attorney (per C.R.S. 39-8-109) Signature of Agent Q or Attorney al Ronald Loser Printed Name 1099 18th Street Suite 2600 Mailing Address Denver, CO 80202 City, State, Zip Code Telephone: 303-297-2600 E -Mail: Signatu e o Petitioner Joseph Monzon Printed Name P.O. Box 790830 Mailing Address San Antonio, TX 78279 City, State, Zip Code Telephone: 303-573-0975 E -Mail: Daytime number 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. oi\t4,t WIDc. COLORADO August 19, 2009 �0 Z,2 C.3-1") ARC COMMUNITIES 8 LLC PROPERTY TAX DEPT P O BOX 790830 SAN ANTONIO, TX 78279-0830 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#: R3395986 PARCEL #: 096116201001 - GR 12471 N2S2NW4NW4 & N2NW4NW4 16 5 65 WERKHEISER 1ST ANNEX (COUNTRY SIDE MOBILE HOME PARK NORTH) EXC BEG NW COR L6 BLK1 WEDGEWOOD PUD 2ND FILING NOD18'E 130' S89D20'E 288.10' S03D44'W 143.65' LONG CHORD N87D58'W 4.50' N89D41'W 90' LONG CHORD S75D21'W 38. 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 $4,065,500 $4,065,500 2009-2141 AS0073 ARC COMMUNITIES 8 LLC - R3395986 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 OBOE 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 OBOE of your intent. You and the OBOE 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 2009-2141 AS0073 ARC COMMUNITIES 8 LLC - R3395986 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 C - cc: Christopher Woodruff, Assessor MARVIN F. POER AND COMPANY 410 17TH ST STE 1175 DENVER, CO 80202 2009-2141 AS0073 Hello