The URL can be used to link to this page

Browse Search

Home My WebLink About20032283.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 2003, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: KIMMARK LLC 14125 MEAD ST LONGMONT, CO 80504 DESCRIPTION OF PROPERTY: ACCOUNT#: R6829297 PARCEL #: 120723304003 - MEA VBP-2B L2B VALLEY 66 BUSINESS PARK REPLAT "A" WHEREAS, the Board of County Commissioners of Weld County, Colorado, convened as the Board of Equalization for the purpose of adjusting, equalizing, raising or lowering the assessment and valuation of real and personal property within Weld County, fixed and made by the County Assessor for the year 2003, and WHEREAS, said petition has been heard before the County Assessor and due Notice of Determination thereon has been given to the taxpayer(s), and WHEREAS, the taxpayer(s) presented a petition of appeal of the County Assessor's valuation for the year 2003, claiming that the property described in such petition was assessed too high, as more specifically stated in said petition, and WHEREAS, said petitioner being represented by Greg Evans, Bridge and Associates, and WHEREAS, the Board has made its findings on the evidence, testimony and remonstrances and is now fully informed. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, acting as the Weld County Board of Equalization, that the evidence presented at the hearing clearly supported the value placed upon the Petitioner's property, after review by the Weld County Assessor. Such evidence indicated the value was reasonable, equitable, and derived according to the methodologies, percentages, figures and formulas dictated to the Weld County Assessor by law. The assessment and valuation of the Weld County Assessor shall be, and hereby is, affirmed as follows: ACTUAL VALUE AS DETERMINED BY ASSESSOR Land $ 98,010 Improvements OR Personal Property 437,880 TOTAL $ 535,890 2003-2283 AS0055 (r t 45; r�1, te-- 7; ‘e7c7> RE: BOE - KIMMARK LLC PAGE 2 BE IT FURTHER RESOLVED that 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 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 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. 2003-2283 AS0055 RE: BOE - KIMMARK LLC PAGE 3 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of August, A.D., 2003. BOARD OF COUNTY COMMISSIONERS �� WE COUNTY,, COLORADO ATTEST: 1G� M� 1 C v E vid E. Long, Ch it Weld County Clerk to the Board Robert D. M en, Pro-Tem to the 1861 It 48? M. J. Oeile fe FORM: ® William H. Jerke i s• s ant Co tyAttorney Glenn Vaad Date of signature: g/// �j 2003-2283 AS0055 NOTICE OF DENIAL OFFICE OF COUNTY ASSESSOR 1400 NORTH 17th AVE. MEA VBP-2B L2B VALLEY 66 GREEIFY,Co 80631 BUSINESS PARK REPLAT "A" PHONE(970)353-3845,DC.3650 WUD a OWNER: KIMMARK LLC COLORADO BRIDGE & ASSOCIATES LOG 4843 820 SIMMS ST #12 PARCEL 120723304003 ACCOUNT R6829297 GOLDEN, CO 80401-4472 YEAR 2003 Owner: KIMMARK LLC The appraised value of properly is based on the appropriate consideration of the approaches to value required by law. The Assessor has determined that your property should be included in the following category(ies): Commercial property is valued by considering the cost, market, and income approaches . If your concern is the amount of your property tax,local taxing authorities(county,city,fire protection,and other special districts) hold budget hearings in the fall. Please refer to your tax bill or ask your Assessor for a listing of these districts,and plan to attend these budget hearings. The Assessor has carefully studied all available information,giving particular attention to the specifics included on your protest,and has determined the valuation(s)assigned to your property. The reasons for this determination of value are: Your property has been uniformly valued following Colorado law and instructions published by the State Division of Property Taxation. Your protest of value has been denied due to comparison of other similar properties which sold during the 2001/2002 time period. This comparison shows your actual property value to be correct for that period. PETITIONER'S ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ESTIMATE OF VALUE ACTUAL VALUE ACTUAL VALUE PRIOR TO REVIEW AFTER REVIEW COMMERCIAL 293380 293380 INDUSTRIAL 242510 242510 TOTALS $ $ 535890 $ 535890 APPEAL DEADLINES: REAL PROPERTY-JULY 15,PERSONAL PROPERTY-JULY 21. 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- 1O6(1)(a),C.R.S. Please see the back of this form for detailed information on filing your appeal. By: Stanley F. Sessions 06/26/2003 WELD COUNTY ASSESSOR DATE 15-DPT-AR Form PR-207-8703 ADDITIONAL INFORMATION ON REVERSE SIDE YOU HAVE THE RIGHT TO APPEAL THE ASSESSOR'S DECISION The County Board of Equalization will sit to hear appeals beginning July 1 and continuing through August 5 for real property(land and buildings) and personal property(furnishings, machinery, and equipment) 39-8-104 and 39-8- 107(2), C.R.S. APPEAL PROCEDURES: If you choose to appeal the Assessor's decision, mail or deliver one copy of this completed form to the County Board of Equalization. To preserve your right to appeal, your appeal must be POSTMARKED OR DELIVERED ON OR BEFORE JULY 15 FOR REAL PROPERTY, AND JULY 21 FOR PERSONAL PROPERTY. WELD COUNTY BOARD OF EQUALIZATION 915 10th Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970)356-4000 Ext. 4225 NOTIFICATION OF HEARING: You will be notified of the time and place set for the hearing of your appeal. COUNTY BOARD OF EQUALIZATION'S DETERMINATION: The County Board of Equalization must make a decision on your appeal and mail you a determination within five business days of that decision. The County Board must conclude its and render decisions by August 5. TAXPAYER RIGHTS FOR FURTHER APPEALS: If you are not satisfied with the County Board of Equalization's decision you must file within thirty days of the County Board of Equalization's written decision with ONE of the following: Board of Assessment Appeals (BAA): Contact the BAA at 1313 Sherman, Room 315, Denver, Colorado 80203, (303)866-5880. WWW.dola.colorado.gov/baa District Court: 9th Avenue and 9th Street, P.O. Box C Greeley, Colorado 80632 Telephone (970) 356-4000, Ext. 4520 Arbitration: WELD COUNTY BOARD OF EQUALIZATION 915 10th Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000, Ext. 4225 If you do not receive a determination from the County Board of Equalization, you must file an appeal with the Board of Assessment Appeals by September 11. TO PRESERVE YOUR APPEAL RIGHTS, YOU MUST PROVE YOU HAVE FILED A TIMELY APPEAL; THEREFORE, WE RECOMMEND ALL CORRESPONDENCE BE MAILED WITH PROOF OF MAILING. PETITION TO THE COUNTY BOARD OF EQUALIZATION hi the space below, please explain why you disagree with the Assessor's valuation. IN ACCORDANCE WITH 39- 8-106(1.5), C.R.S., IF YOU APPEAL INVOLVES REAL PROPERTY, YOU MUST STATE YOUR OPINION OF VALUE IN TERMS OF A SPECIFIC DOLLAR AMOUNT. Attach additional documents as necessary. Petitioner cannot support anything higher than $450,000.00. BRIDGE & ASSOCI TES FOR KI 7/9/03 A DAIS 4ENT BY: CONSTRUCTION CONCEPTS INC.; 970 535 0299; JUL-30-03 4:45PM; PAGE 4/4 Rental Real Estate Income and Expenses of a obte No 1so-Iles 825 Partnership or an S Corporation P. See instructions on back. 2002 V Revenue Service ant of lrvice p• Attach to Form 1066,Form 1066-B,or Form 11205. Employer Identification number Nana Kimmark L.L.C. 84-1406499 1 Show the kind and location of each property.See page 2 for additional properties. 1 14125 Mead Street p O Valley Street Longmont, CO c Properties Rental Real Estate Income A B C 13 2 Gross rents 2 74, 633 39,024 Rental Real Estate Expenses 3 Adverdsing 3 436 4 Auto and travel 4 S Cleaning and maintenance 6 6 Commissions 6 _ 7 Insurance 7 1,074 700 B Legal and other professional fees 8 9 Interest 9 18,788 10 Repairs 10 20, 9931 ,450 11 Texas 11 12 ,043 13,114 12 utilities 12 592 1,471 -..... 13 Wages and salaries 13 14 Depreciation(see instructions) 14 8,444 10, 332 15 Other(list)le 16 16 Total expenses for each property. Add lines 3 through 15 16 - 43,146 46,291 17 Total gross rents.Add gross rents from line 2,columns A through H .. 17 113, 657 16 Total expenses.Add total expenses from Gue 16,columns A through fl 18 ( 89, 437) 18 Net gain(loss)Rom Form 4/9/,Part ii,line 18,from the disposition of property from rental real estate activities 19 20a Net income(lass)from rental real estate activities from partnerships,estates,and trusts in which this partnership or S corporation le a partner or beneficiary(from Schedule K-1) 20a b Identify below the partnerships,estates,or trusts from which net Income(loss)is shcwm on line 20a. Attach a schedule if more space Is needed; (1) Name (2) EIN • 21 Net income(loss)from rental real estate activities.Combine lines 17 through 20a.Enter the result here and on; •Form 1065 or 11205:Schedule K,line 2,or l 21 24,220 ',Form 1065-E:Part I,line 4 r For Pa•erwork - -d ., : , .tice,see back of form. Form 8825(2002) °A0. 4. EXHIBIT .2 q31 Nil °Foal/ C. 92O SENT BY: CONSTRUCTION CONCEPTS INC. ; 970 535 0299; JUL-30-03 4:41PM; PAGE 2/4 o u i F F Cc-eC s C eL1.s a. --- Cc) py COMMERCIAL LEASE THIS LEASE.AGREEMENT,is made this 5th day of May 2003 by and between,KIMMAR K LLC,as Lessor,end D'Agostino Mechanical Contractors inc. NiQGLcrkt L'47 pnNhla• 0 S,rt. r:� �Str�c ;Cr", A. The Lessor has authority to rent said real property located at Lot 2 B Valley 66 Business Pant Longmont,CO 80504,more fully described as follows;The center 5,000 square foot space. B. Lessee wishes to lease,under the terms and conditions contained herein,said premises known as 4106 North Valley Drive, • Longmont,Colorado 80504,which contains approximately 5,000 square fret of space. NOW THEREFORE,In consideration of the covenants and promises contained herein,the pieties mutually agree as follows: 1. PREMISFSLEASED. The Lessor hereby leases to the lessee,and the lessee hereby leases from the Lessor,the above- described premises,together with all appurtenances thereto,and all fixtures as attached thereto. Additionally,Lessee shall have a non-exclusive right to use of the paved parking lot adjacent to the building for customer parking privileges. 2. TERM OF LEASE. Lessee shall have and hold said premises from twelve o'clock noon on the 1st day of June 2003,until twelve o'clock noon on the 30th day of September 2004.at and for a rental,for the full term aforesaid of$25,600.00 plus yearly CPI adjustments,payable in monthly installments of S1600.00 each,in advance,on or before twelve o'clock noon on the first day of each calendar month during said term at the address of the Lessor,14125 Mead St.,Longmont,CO 80504,without notice. Possession will be given on June 01,2003 or prorated earlier. 3. EXPRE93 COVENANTS RV LESSEE. In consideration of the leasing of said premises as aforesaid,Lessee covenants and agrees as follows: • a. To pay the rent for said premises as herein above provided. b. To keep the improvements upon said premises,including ell sewer connections,plumbing,wiring,and glass,in good repair at the expense of said lessee,and et the expiration of the Lease to surrender and deliver up said premises in as good order and condition as when the same were entered upon,loss by tire,inevitable accident or ordinary wear excepted;applying only to the Lessee's space. • C. 'fo sublet no part of said premises,nor assigns this lease or any interest herein,without the written consent of the lessor first being obtained;which would not be unreasonably withheld. d. to use said premises for no purpose prohibited by;the laws of the United States,or the State of Colorado,or the ordinances of the City of Mead,or rules and regulations of the County of Weld,and for no improper or questionable purpose whatsoever: e. to keep the sidewalks in front of and around said premises free Prom ice and snow,and said sidewalks and premises free from all litter,dirt,debris and obstructions; f. to keep said premises clean,and in the sanitary condition required by the ordinances and the health and police regulations of the City of Mead and County of Weld; g. To neither permit nor suffer any disorderly conduct and to neither hold nor attempt to hold the lessor liable for any injury or damage,either proximate or remote,occurring through or caused by any repairs,alterations,injury or accident to adjacent premises or other parts of the above premises nor herein demised,or by reason of the negligence or default of the owners or occupants thereof or any other person,nor liable for any injury or damage occasioned by defective electric wiring,or the breaking or stoppage of plumbing or sewerage upon said premises or upon adjacent promises,whether said breaking or stoppage results from freezing or otherwise;applying only to Lessee's space. h. to neither pemtit nor suffer said premises,or the walls or firms thereof,to he endangered by overloading,nor said promises to he used fur any purpose which would render the insurance thereon void or the insurance risk mare hazardous nor make any alterations or change in,upon,or about said premises without first obtaining written consent therefor; i. to permit the lessor to place a"For Rent"card upon said premises at any time after thirty days before the end of this lease; j. to allow said lesser at any reusoaabk;hour of the day to enter into or upon and go through and view said premises;and k. To occupy and use the premises solely as office,warehouse,mechanical shop,and other related activities. 4. CONDITION OF PREMISES.NO WARRANTIES Lessee has examined,and accepts the building improvements,and any fixtures,as is,in their present condition. No representation.statement,or warrant,express or implied,has been made by or on ENT BY: CONSTRUCTION CONCEPTS INC. ; 970 535 0299; JUL-30-03 4:43PM; PAGE 3/4 2LV f C ..S Z r ifs:1.s<<_ ‘. s S/142/A-' COMMERCIAL LEASE THIS LEASE AGREEMENT is nods ths2nd day of May 21101 by and between.KIMMARKLLC,•sLessmand A/CI 1ProfessionabrInc. asLeseee Bea A Thetsor two authority mxentseid mid property boded at Lott B Valley 66 Bums Pairdaiginont CO 80934,more fully dented se follows A5.000 square km spa a porcionok The building tract 2BValley 65%Mess Petit B. Lessee wishes to lane,under the toms and=Offic s contained herein.said penises Lot 2SSAtilt North Valley Dove. Lmbvnntt Colaudo805%wtddnmmainsappnxmxuhdy 5,000 square feet of spa NOW THEREFORE mmt9daat on of the covens*and promises contained herein thepmtiesmutually agteeasfollows 1. WA SS LEASED. The Lessor heeeebyleases to the Lame,and theLesseehaeby tanffan thelasgr,theabovedeuibed premise&together with allappu marts there,and aL1Ax easshownan the plans and spmafiratiaec Additiraally,Lessee shall have amteu7taivefight to use of the paved paddng lot adjacent to the bolding for cuetanapaddngpdvilege. a TERM.RENT&ADDITIONAL CHARGES a TERM The Lase term shall beThree(3)fun calendar rymra eramt gmtheIAdayofOctober2001sdtenuinaang on the 300 day of September 2004 b. REM Tenant agrees tom lemmas Rem,wtutmticeade and,the mrffimmsumofNinety Pict Tlnxmad Three Hundred Sixteen and 0 400 199831600'1 Dolmas payable i tmmthlyiretsgmenddf927.3i1I1utadvance,ma been the frstdayofeadrand sway successive(Mender month dining thetean hered.lbenaxtat shallmmnvmantheltday elOctuber2B0L The e agree badjus t e rent mind s%ea the Carmine,Rice Index(see attide 24) c. ADDITIONAL CHARGES fnadditlento the minimum Rent provided het®,above,andmmmetngatthe ssretime Many moat cornmeal=under thslessa Lesseeslah1pay to Lessor thesum°IMM0remonthfathe Lessees proporeonnle part of carmen arm costs defined below.The Lame movies 5,000square feet,which r:presmes333 X of the tidal spore footage of the building.Therefore the Lessee isntspomblefor333%of the total buiIdirtgca9 Thewnm e n area mss will be eval ated annually and any eve dirge wdlbe tefendedand airy adadaage WiBbelalledbtheLtwee The Lesteewi➢nmveaccmtpleteao dunfi gofaumea,whir-Titan hrbdebut tube limited to the following. • AU realeslale Wm and insurancemutant on the_ atio isingMadbuddungand improvements thereon Said real elate ImeoshaUhdndeaDrmlesmtetaaesatd assessments chat am levied imam and/or assessed against the Promises, Including any a>05 which sifle levied on mils&idfr amssTalincludeafinsunnr that Lessor deers necessary on the Era • AU water&sewercom(scearade5) • NI commcn utantemamead repair mete(see article?) a CLERK TO THE BOARD PHONE (970)356-4000 EXT 0212 FAX: (3(3033) 35252-0242 WEBSITE: www.co.weld.co.us ' 915 10TH STREET P.O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO July 22, 2003 KIMMARK LLC 14125 MEAD ST LONGMONT CO 80504 Parcel No.: 120723304003 Account No.: R6829297 Dear Petitioner(s): The Weld County Board of Equalization has set a date of August 4, 2003, 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 Department of Public Health and Environment, Room 210, 1555 North 17th Avenue, 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 5,2003,and mailed to you on or before August 12, 2003. 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 objain the data supporting the Assessor's valuation of your property, please request it directly from the Assessor's Office by fax (970) 304-6433, or by calling (970) 353-3845. KIMMARK LLC - R6829297 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 F EQUALIZATION Carol A. Harding Deputy Clerk to the Board cc: Stanley Sessions, Assessor BRIDGE & ASSOCIATES 820 SIMMS STREET, SUITE 12 GOLDEN CO 804014472 Hello