HomeMy WebLinkAbout20212148.tiffCOUNTY BOARD OF EQUALIZATION
WELD COUNTY
Single County Schedule Number: R3118504
STIPULATION (As To Tax Year 2021 Actual Value)
RE PETITION OF :
NAME: GREELEY SHOPPING CENTER LLC
ADDRESS: 500 N BROADWAY STE 201
JERICHO NY 11753-2128
Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation
regarding the tax year 2021 valuation of the subject property, and jointly move the
Board of Equalization to enter its order based on this Stipulation.
Petitioner (s) and Assessor agree and stipulate as follows:
1. The property subject to this Stipulation is described as:
4711-4759 29th St, Greeley, GR GCM L1 GREELEY COMMONS MINOR
2. The subject property is classified as commercial.
3. The County Assessor originally assigned the following actual value to the
subject property for the tax year 2O21 :
Total: $21,153,428
4. After further review and negotiation, Petitioner (s) and Weld County Assessor
agree to the following tax year 2O21 actual value for the subject property:
Total: $19,300,000
5. The valuation, as established above, shall be binding only with respect to tax
year 2O21 .
6. Brief narrative as to why the reduction was made:
Further review of all approaches to value indicated an adjustment.
7. Both parties agree that:
The hearing scheduled before the Board of Equalization on 08/04/2021
at 1:00 PM be vacated.
nA hearing has not yet been scheduled before the Board of Equalization.
R3118504
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DATED this 29th day of July , 2021 .
Alan Poe, #7b41
Alan Poe, #7641 (Jul 29,2021 16:43 MDT)
Petitioner(s) or Agent or Attorney
Address:
The Poe Law Office LLC
7872 South Ventura Court
Centennial, CO 80016
Telephone: 3039156981
R3118504
(Assistant) County Attorney for
Respondent, Weld County Board of
Commissioners
Address:
1150 "O" Street
P.O. Box 758
Greeley, CO 80632
Telephone:(970) 336-7235
__
County Deputy Assessor
Address:
1400 N.17th Avenue
Greeley, CO 80631
Telephone: (970) 400-3650
2
R3118504/GREELEY SHOPPING CENTER
LLC stipulation
Final Audit Report
2021-07-29
Created: 2021-07-29
By: TIM REDDICK (treddick@co.weld.co.us)
Status: Signed
Transaction ID: CBJCHBCAABAADKA3EvFQgbl-d11Bggnrh2S9Lxudtd1T
"R3118504/GREELEY SHOPPING CENTER LLC stipulation" Hi
story
t Document created by TIM REDDICK (treddick@co.weld.co.us)
2021-07-29 - 10:11:33 PM GMT- IP address: 204.133.39.9
E?, Document emailed to TIM REDDICK (treddick@co.weld.co.us) for approval
2021-07-29 - 10:11:35 PM GMT
6a Document approved by TIM REDDICK (treddick@co.weld.co.us)
Approval Date: 2021-07-29 - 10:13:51 PM GMT - Time Source: server- IP address: 204.133.39.9
E2. Document emailed to Jason Marini (jmarini@co.weld.co.us) for approval
2021-07-29- 10:13:55 PM GMT
t Email viewed by Jason Marini (jmarini@co.weld.co.us)
2021-07-29 - 10:24:42 PM GMT- IP address: 204.133.39.9
de Document approved by Jason Marini (jmarini@co.weld.co.us)
Approval Date: 2021-07-29 - 10:26:02 PM GMT - Time Source: server- IP address: 204.133.39.9
E4. Document emailed to Jason Marini (appeals@weldgov.com) for signature
2021-07-29 - 10:26:03 PM GMT
t Email viewed by Jason Marini (appeals@weldgov.com)
2021-07-29 - 10:26:18 PM GMT- IP address: 204.133.39.9
U, Document e -signed by Jason Marini (appeals@weldgov.com)
Signature Date: 2021-07-29 - 10:26:35 PM GMT - Time Source: server- IP address: 204.133.39.9
E Document emailed to Alan Poe, #7641 (alan.poe@poelawoffice.com) for signature
2021-07-29- 10:26:38 PM GMT
Adobe Sign
_i Email viewed by Alan Poe, #7641 (alan.poe@poelawoffice.com)
2021-07-29 - 10:33:46 PM GMT- IP address: 73.217.78.203
C5-0Document e -signed by Alan Poe, #7641 (alan.poe@poelawoffice.com)
Signature Date: 2021-07-29 - 10:43:31 PM GMT - Time Source: server- IP address: 73.217.78.203
Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature
2021-07-29 - 10:43:33 PM GMT
t Email viewed by Karin McDougal (weld-cboe@weldgov.com)
2021-07-29 - 10:52:35 PM GMT- IP address: 204.133.39.9
As Document e -signed by Karin McDougal (weld-cboe@weldgov.com)
Signature Date: 2021-07-29 - 10:54:15 PM GMT - Time Source: server- IP address: 204.133.39.9
Agreement completed.
2021-07-29 - 10:54:15 PM GMT
Adobe Sign
NOTICE OF DETERMINATION
RECEIVED
Brenda Dones
Weld County Assessor
1400 N 17th Ave
Greeley, CO 80631
ACCOUNT NO
TAX YEAR
JUL 192021
WELD COUNTY
COMMISSIONERS _
TAX AREA
Date of Notice: 6/30/2021
Telephone: (970) 400-3650
Fax: (970) 304-6433
Office Hours: 8:00AM - 5:00PM
LEGAL DESCRIPTION! PHYSICAL LOCATION
R3118504
2021
0683
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GREELEY SHOPPING CENTER LLC
500 N BROADWAY STE 201
JERICHO, NY 11753-2128
GR GCM L1 GREELEY COMMONS MINOR
4711 29TH ST GREELEY
PROPERTY CLASSIFICATION
ASSESSOR'S VALUATION
ACTUAL VALUE PRIOR TO
REVIEW
ACTUALA.LUE AFT,;
REVIEW
COMMERCIAL
21,153,428
21,153,428
TOTAL
21,153,428
21,153,428
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:
The Assessor staff has requested additional information to properly review your property's value.
Because we have not received this information, we have no choice but to deny any adjustments.
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 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.
Agent (If Applicable):
THE POE LAW OFFICE LLC
7872 S VENTURA CT
CENTENNIAL, CO 80016-1883
15-DPT-AR
PR 207-08/13
R3118504
2021-2148
APPEAL PROCEDURES
County Board of Equalization Hearings will be held from
July 26th through August 5th at 1150 O Street.
To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown
below, and mail, file online, or deliver a copy of both sides of this form to:
Weld County Board of Equalization
1150 O Street, P.O. Box 758
Greeley, CO 80631
Telephone: (970) 356-4000 ext, 4225
Online: www.co.weld.co.us/appsl/cboe/
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 — 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 10, § 39-2-125(1)(e), C.R.S.
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
1313 Sherman Street, Room 315
Denver, CO 80203
(303) 866-5880
vvww.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.
District Court
Contact the District Court in the County
where the property is located. See your
local telephone book for the address and
telephone number.
What is your estimate of the property's value as of June 30, 2020? (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.)
$ l ) ood) o O
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, ets.)
S c /44.1iktL1, t- -4-o t et 4.;,,, 4- L/iA CGv..d- Lr.f of C ►;
I, the undersigned owner or agent' of the property identified above, affirm that the statements contained herein
andattachments hereto are true and complete.
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Telephone Number
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Date
1 Attach letter of authorization signed by property owner. (A++achcl)
15-DPT-AR
PR 207-08/13
R3118504
DocuSign Envelope ID 6486608D-A76D-4C83-80E4-A43549419A9B
LETTER OF AUTHORIZATION
Kimco Realty Corporation (`,`Taxpayer") hereby authorizes Alan Poe and
Rachel Poe of The Poe Law Office LLC, 7872 South Ventura Court, Centennial,
Colorado 80016, to represent Taxpayer before the Weld County Assessor, the
Weld County Board of Equalization, the Weld County Board of County
Commissioners, the Colorado Board of Assessment Appeals, and state courts in
connection with the 2021 real property tax valuations and assessments of
Taxpayer's property located in Weld County, Colorado, and described on the
schedule listed below The representatives identified above may file protests,
appeals, and abatement or refund petitions, obtain information, discuss valuations,
and take all actions that Taxpayer could' take in connection with the 2021 real
property tax valuations and assessments of the property identified above
Dated June , 2021
6/2/2021
IKIIVICO REALTY CORPORATION
,-DoeuSlgned by
By LEC5240505BE4412...
1 GI.UX� 0
Name• Paul C Dooley
Title Vice President
SCHEDULE NUMBER -
R3118504
(Parcel Number 095922149001)
The Poe Law Office LLC
July 15, 2021
BY CERTIFIED MAIL
Weld County Board of Equalization
1150 O Street, P.O. Box 758
Greeley, CO 80631
Re: Greeley Shopping Center LLC
Account No. R3118504
To the County Board of Equalization:
7872 S. Ventura Ct.
Centennial, CO 80016
Telephone: 303-915-6981
RECEIVED
JUL 192021
WELD COUNTY
COMMISSIONERS
As counsel for Greeley Shopping Center LLC, we are appealing the Notice of Determination
issued by the Weld County Assessor with respect to the account number listed above. A Petition
to the County Board of Equalization, with attachments, is enclosed.
Respectfully submitted,
Alan Poe, #7641
of The Poe Law Office LLC
enclosure: Petition to the County Board of Equalization, with attachments
cc w/enclosure: Mr. Paul Dooley (by e-mail)
Alan Poe
alan.poe@poelawoffice.com
303-915-6981
Rachel Poe
rachel.poe@poelawoffice.com
303-916-8138
ATTACHMENT TO
PETITION TO WELD COUNTY BOARD OF EQUALIZATION
(Reason for Requesting a Review)
Account No. R3118504
Greeley Shopping Center LLC
As shown on the attached Summary Rent Roll, as of the valuation date of
June 30, 2020, three leases representing nearly 40% of the total gross leasable area
of this shopping center were due to expire on January 31, 2021. In view of
conditions existing in the retail sector on June 30, 2020, renewal or extension of
those leases was, at best, uncertain. The potential loss of the three tenants and the
unlikelihood of quickly finding new tenants for those buildings had a significant
negative effect on the value of the shopping center as of June 30, 2021.
i
Grouped by GL Entity Bldg Status All
Summary Rent Roll
Report Date 12/31/2020
GLA
Bldg Id Suite Id Sqft
112480 Greeley Commons
112480 Greeley Commons
112480 00001
112480 00002
112480 00003
112480 00004
112480 00005
112480 00006,
112480 00007
112480 00008
112480 00009
112480 00010
112480 00011
112480 00012
Building Totals
112480 Total
Annual Current Annual I Lease
Occupant Name Base PSF
Base Rent Commencemen Expiration
6,273 O'Reilly Auto Pan 20 57 129,036 00 01/01/17 12/31/21
27,974 Bed Bath & Beyoi 11 75 328,719 96 02/01/16 01/31/21
11,178 Big 5 Sporting Gc 14 82 165,685 92 01/01/19 01/31/21
21,323 Michaels 12 24 260,925 00 03/01/20 02/28/25
15,295 Petco 16 04 245,301 24 02/01/16 01/31/21
4,152 America's Best C 15 92 66,099 84 11/01/19 10/31/24
21,236 Sprouts Farmers 17 70 375,877 20 07/21/09 03/31/25
8,565 Vacant
11,500 Old Navy 15 00 172,500 00 09/06/18 09/30/28
5,302 Buffalo Wild Win 29 28 155,242 56 07/01/20 06/30/25
1,620 Sport Clips 22 14 35,864 64 12/01/17 11/30/22
4,400 JPMorgan Chase 25 71 113,135 04 05/01/08 09/30/25
138,818 12 Suites
The Poe Law Office LLC
7872 S. Ventura Ct.
Centennial, CO 80016
111
7018 3090 0000 5194 0302
ONISEO SIDJEs
POSSGL SERVICES
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Weld County Board of Equalization
RETURN RECEIPT REQUESTED 1150 O Street, P.O. Box 758
Greeley, CO 80631
OS32--s� E Ei w9
FM LETTER E PAID
P RKER, CO
rl-3115,
AMOUNT
July 20, 2021
Petitioner:
GREELEY SHOPPING CENTER LLC
500 N BROADWAY STE 201
JERICHO, NY 11753-2128
CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBSITE: www.weldgov.com
1150 O STREET
P.O. BOX 758
GREELEY CO 80632
Agent (if applicable):
THE POE LAW OFFICE LLC
7872 S VENTURA CT
CENTENNIAL, CO 80016-1883
RE: THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO
NOTIFICATION OF HEARING SCHEDULED
Docket 2021-2148, AS0109 Appeal 2008230298 Hearing 8/4/2021 1:00 PM
Account(s) Appealed:
R3118504
Dear Petitioner(s):
The Weld County Board of Equalization has set a date of August 4, 2021, at or about the hour of
1:00 PM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld
County Administration Building, Assembly Room, 1150 0 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, 2021, and mailed to
you within five (5) business days.
Because of the volume of cases before the Board of Equalization, most cases shall be limited to 10
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 discuss your value with the Assessor's Office, please call them at (970) 400-3650. 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 emailing assessor@weldgov.com or sending a
fax to (970) 304-6433. 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.
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
Clerk to the Board
Weld County Board of Commissioners
and Board of Equalization
cc: Brenda Dones, Assessor
July 20, 2021
Agent: Petitioner:
THE POE LAW OFFICE LLC
7872 S VENTURA CT
CENTENNIAL, CO 80016-1883
CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBSITE: www.weldgov.com
1150 O STREET
P.O. BOX 758
GREELEY CO 80632
GREELEY SHOPPING CENTER
LLC
500 N BROADWAY STE 201
JERICHO, NY 11753-2128
RE: THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO
NOTIFICATION OF HEARING SCHEDULED
Docket 2021-2148, AS0109 Appeal 2008230298 Hearing 8/4/2021 1:00 PM
Account(s) Appealed:
R3118504
Dear Petitioner(s):
The Weld County Board of Equalization has set a date of August 4, 2021, at or about the hour of
1:00 PM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld
County Administration Building, Assembly Room, 1150 0 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, 2021, and mailed to
you within five (5) business days.
Because of the volume of cases before the Board of Equalization, most cases shall be limited to 10
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 discuss your value with the Assessor's Office, please call them at (970) 400-3650. If
you wish to obtain the data supporting the Assessor's valuation of your property, please submit a
written request to assessor@weldgov.com. 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.
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
Gee.
Esther E. Gesick
Clerk to the Board
Weld County Board of Commissioners
and Board of Equalization
cc: Brenda Dones, Assessor
August 5, 2021
Petitioner:
GREELEY SHOPPING CENTER LLC
500 N BROADWAY STE 201
JERICHO, NY 11753-2128
CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBSITE: www.weldqov.com
1150 O STREET
P.O. BOX 758
GREELEY CO 80632
Agent (if applicable):
THE POE LAW OFFICE LLC
7872 S VENTURA CT
CENTENNIAL, CO 80016-1883
RE: THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket 2021-2148 Appeal 2008230298 Hearing 8/5/2021
Dear Petitioner:
On the day indicated above, the Board of County Commissioners of Weld County Colorado convened and
acting as the Board of Equalization, pursuant to C.R.S. §39-8-101 et seq., considered petition for appeal of
the Weld County Assessor's valuation of your property described above, for the year 2021.
Account # Decision
The Assessment and valuation is set as follows:
Actual Value as Actual Value as Set by
Determined by Assessor Board
R3118504 Stipulated - Approved
Stipulated Value
$21,153,428 $19,300,000
A denial of a petition, in whole or in part, by the Board of Equalization must be appealed within thirty (30)
days of the date the denial is mailed to you. You must select only one of the following three (3)
options for appeal:
1. Appeal to Board of Assessment Appeals: You have the right to appeal the County Board of
Equalization's decision to the Colorado Board of Assessment Appeals. A hearing before that Board
will be the last time you may present testimony or exhibits or other evidence, or call witnesses in
support of your valuation. If the decision of the Board of Assessment Appeals is further appealed to
the Court of Appeals pursuant to C.R.S. §39-8-108(2), only the record of proceedings from your
hearing before the Board of Assessment Appeals and your legal brief are filed with the appellate
court.
All appeals to the Board of Assessment Appeals filed after August 10, 2021, MUST comply with the
following provisions of C.R.S. §39-8-107(5):
(5)(a)(I) On and after August 10, 2021, in addition to any other requirements under law, any petitioner
appealing either a valuation of rent -producing commercial real property to the Board of Assessment Appeals
pursuant to C.R.S. §39-8-108(1) or a denial of an abatement of taxes pursuant to C.R.S. §39-10-114 shall
provide to the County Board of Equalization or to the Board of County Commissioners of the County in the
case of an abatement, and not to the Board of Assessment Appeals, the following information, if applicable:
(A) Actual annual rental income for two full years including the base year for the relevant property tax year;
(B) Tenant reimbursements for two full years including the base year for the relevant property tax year;
(C) Itemized expenses for two full years including the base year for the relevant property tax year; and
(D) Rent roll data, including the name of any tenants, the address, unit, or suite number of the subject
property, lease start and end dates, option terms, base rent, square footage leased, and vacant space for
two full years including the base year for the relevant property tax year.
(II) The petitioner shall provide the information required by subsection (5)(a)(I) of this paragraph (a) within
ninety days after the appeal has been filed with the Board of Assessment Appeals.
(b)(I) The Assessor, the County Board of Equalization, or the Board of County Commissioners of the
County, as applicable, shall, upon request made by the petitioner, provide to a petitioner who has filed an
appeal with the Board of Assessment Appeals not more than ninety days after receipt of the petitioner's
request, the following information:
(A) The primary method used by the county to determine the value of the subject property; and
(B) The rates used by the county to determine the value of the subject property under the method identified
in accordance with subsection (5)(b)(l)(A) of this section.
(II) The party providing the information to the petitioner pursuant to subparagraph (I) of this paragraph (b)
shall redact all confidential information contained therein.
(c) If a petitioner fails to provide the information required by subparagraph (I) of paragraph (a) of this
subsection (5) by the deadline specified in subparagraph (II) of said paragraph (a), the County may move
the Board of Assessment Appeals to compel disclosure and to issue appropriate sanctions for
noncompliance with such order. The motion may be made directly by the County Attorney and shall be
accompanied by a certification that the County Assessor or the County Board of Equalization has in good
faith conferred or attempted to confer with such petitioner in an effort to obtain the information without action
by the Board of Assessment Appeals. If an order compelling disclosure is issued under this paragraph (c)
and the petitioner fails to comply with such order, the Board of Assessment Appeals may make such orders
in regard to the noncompliance as are just and reasonable under the circumstances, including an order
dismissing the action or the entry of a judgment by default against the petitioner. Interest due the taxpayer
shall cease to accrue as of the date the order compelling disclosure is issued, and the accrual of interest
shall resume as of the date the contested information has been provided by the taxpayer.
Appeals to the Board of Assessment Appeals must be made on forms furnished by that Board, and must be
mailed or delivered within thirty (30) days of the date the denial by the Board of Equalization is mailed to
you
The address and telephone number of the Board of Assessment Appeals are:
Board of Assessment Appeals
1313 Sherman Street, Room 315
Denver, Colorado 80203
Telephone Number: (303) 864-7710
Email: baa@state.co.us
Fees for Appeal to the Board of Assessment Appeals: A taxpayer representing himself is not charged for the
first two (2) appeals to the Board of Assessment Appeals. A taxpayer represented by an attorney or agent
must pay a fee of $101.25 per appeal.
OR
2. Appeal to District Court: You have the right to appeal the decision of the Board of Equalization to the
District Court of the county wherein your property is located: in this case that is Weld County District
Court. A hearing before The District Court will be the last time you may present testimony or exhibits
or other evidence, or call witnesses in support of your valuation. If the decision of the District Court is
further appealed to the Court of Appeals pursuant to C.R.S. §39-8-108(1), the rules of Colorado
appellate review and C.R.S. §24-4-106(9), govern the process.
OR
3. Binding Arbitration: You have the right to submit your case to binding arbitration. If you choose this
option, the arbitrator's decision is final and you have no further right to appeal your current
valuation. C.R.S. §39-8-108.5 governs this process. The arbitration process involves the following:
a. Select an Arbitrator: You must notify the Board of Equalization within 30 days that you will
pursue arbitration. You and the Board of Equalization will 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 (i.e. Weld) will select the arbitrator.
b. Arbitration Hearing Procedure: Arbitration hearings are held within sixty (60) days from the
date the arbitrator is selected, and are set by the arbitrator. Both you and the Board of
Equalization are entitled to participate in the hearing. The hearing is informal. The arbitrator
has the authority to issue subpoenas for witnesses, books, records documents and other
evidence pertaining to the value of the property. The arbitrator also has the authority to
administer oaths, and determine all questions of law and fact presented to him. The
arbitration hearing may be confidential and closed to the public if you and the Board of
Equalization agree. The arbitrator's decision must be delivered personally or by registered
mail within ten (10) days of the arbitration hearing.
c. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the
Board of Equalization. In the case of residential real property, the fees may not exceed
$150.00 per case. For cases other than residential real property, the arbitrator's total fees
and expenses are agreed to by you and Board of Equalization, but are paid by the parties as
ordered by the arbitrator.
If you have questions concerning the above information, please call me at (970) 400-4226.
Very truly yours,
BOARD OF EQUALIZATION
Esther E. Gesick
Clerk to the Board
Weld County Board of Commissioners
and Board of Equalization
cc: Brenda Dones, Weld County Assessor
August 5, 2021
Agent:
THE POE LAW OFFICE LLC
7872 S VENTURA CT
CENTENNIAL, CO 80016-1883
Petitioner:
CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBSITE: www.weldgov.com
1150 O STREET
P.O. BOX 758
GREELEY CO 80632
GREELEY SHOPPING CENTER LLC
500 N BROADWAY STE 201
JERICHO, NY 11753-2128
RE: THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket 2021-2148 Appeal 2008230298 Hearing 8/5/2021
Dear Petitioner:
On the day indicated above, the Board of County Commissioners of Weld County Colorado convened and
acting as the Board of Equalization, pursuant to C.R.S. §39-8-101et seq., considered petition for appeal of
the Weld County Assessor's valuation of your property described above, for the year 2021.
Account # Decision
The Assessment and valuation is set as follows:
Actual Value as Actual Value as Set by
Determined by Assessor Board
R3118504 Stipulated - Approved
Stipulated Value
$21,153,428 $19,300,000
A denial of a petition, in whole or in part, by the Board of Equalization must be appealed within thirty (30)
days of the date the denial is mailed to you. You must select only one of the following three (3)
options for appeal:
1. Appeal to Board of Assessment Appeals: You have the right to appeal the County Board of
Equalization's decision to the Colorado Board of Assessment Appeals. A hearing before that Board
will be the last time you may present testimony or exhibits or other evidence, or call witnesses in
support of your valuation. If the decision of the Board of Assessment Appeals is further appealed to
the Court of Appeals pursuant to C.R.S. §39-8-108(2), only the record of proceedings from your
hearing before the Board of Assessment Appeals and your legal brief are filed with the appellate
court.
All appeals to the Board of Assessment Appeals filed after August 10, 2021, MUST comply with the
following provisions of C.R.S. §39-8-107(5):
(5)(a)(I) On and after August 10, 2021, in addition to any other requirements under law, any petitioner
appealing either a valuation of rent -producing commercial real property to the Board of Assessment Appeals
pursuant to C.R.S. §39-8-108(1) or a denial of an abatement of taxes pursuant to C.R.S. §39-10-114 shall
provide to the county Board of Equalization or to the Board of County Commissioners of the County in the
case of an abatement, and not to the Board of Assessment Appeals, the following information, if applicable:
(A) Actual annual rental income for two full years including the base year for the relevant property tax year;
(B) Tenant reimbursements for two full years including the base year for the relevant property tax year;
(C) Itemized expenses for two full years including the base year for the relevant property tax year; and
(D) Rent roll data, including the name of any tenants, the address, unit, or suite number of the subject
property, lease start and end dates, option terms, base rent, square footage leased, and vacant space for
two full years including the base year for the relevant property tax year.
(II) The petitioner shall provide the information required by subsection (5)(a)(I) of this paragraph (a) within
ninety days after the appeal has been filed with the board of assessment appeals.
(b)(I) The Assessor, the County Board of Equalization, or the Board of County Commissioners of the
County, as applicable, shall, upon request made by the petitioner, provide to a petitioner who has filed an
appeal with the Board of Assessment Appeals not more than ninety days after receipt of the petitioner's
request, the following information:
(A) The primary method used by the county to determine the value of the subject property; and
(B) The rates used by the county to determine the value of the subject property under the method identified
in accordance with subsection (5)(b)(l)(A) of this section.
(II) The party providing the information to the petitioner pursuant to subparagraph (I) of this paragraph (b)
shall redact all confidential information contained therein.
(c) If a petitioner fails to provide the information required by subparagraph (I) of paragraph (a) of this
subsection (5) by the deadline specified in subparagraph (II) of said paragraph (a), the County may move
the Board of Assessment Appeals to compel disclosure and to issue appropriate sanctions for
noncompliance with such order. The motion may be made directly by the County Attorney and shall be
accompanied by a certification that the County Assessor or the County Board of Equalization has in good
faith conferred or attempted to confer with such petitioner in an effort to obtain the information without action
by the Board of Assessment Appeals. If an order compelling disclosure is issued under this paragraph (c)
and the petitioner fails to comply with such order, the Board of Assessment Appeals may make such orders
in regard to the noncompliance as are just and reasonable under the circumstances, including an order
dismissing the action or the entry of a judgment by default against the petitioner. Interest due the taxpayer
shall cease to accrue as of the date the order compelling disclosure is issued, and the accrual of interest
shall resume as of the date the contested information has been provided by the taxpayer.
Appeals to the Board of Assessment Appeals must be made on forms furnished by that Board, and must be
mailed or delivered within thirty (30) days of the date the denial by the Board of Equalization is mailed to
you.
The address and telephone number of the Board of Assessment Appeals are:
Board of Assessment Appeals
1313 Sherman Street, Room 315
Denver, Colorado 80203
Telephone Number: (303) 864-7710
Email: baa@state.co.us
Fees for Appeal to the Board of Assessment Appeals: A taxpayer representing himself is not charged for the
first two (2) appeals to the Board of Assessment Appeals. A taxpayer represented by an attorney or agent
must pay a fee of $101.25 per appeal.
OR
2. Appeal to District Court: You have the right to appeal the decision of the Board of Equalization to the
District Court of the county wherein your property is located: in this case that is Weld County District
Court. A hearing before The District Court will be the last time you may present testimony or exhibits
or other evidence, or call witnesses in support of your valuation. If the decision of the District Court is
further appealed to the Court of Appeals pursuant to C.R.S. §39-8-108(1), the rules of Colorado
appellate review and C.R.S. §24-4-106(9), govern the process.
OR
3. Binding Arbitration: You have the right to submit your case to binding arbitration. If you choose this
option, the arbitrator's decision is final and you have no furtherright to appeal your current
valuation. C.R.S. §39-8-108.5 governs this process. The arbitration process involves the following:
a. Select an Arbitrator: You must notify the Board of Equalization within 30 days that you will
pursue arbitration. You and the Board of Equalization will 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 (i.e. Weld) will select the arbitrator.
b. Arbitration Hearing Procedure: Arbitration hearings are held within sixty (60) days from the
date the arbitrator is selected, and are set by the arbitrator. Both you and the Board of
Equalization are entitled to participate in the hearing. The hearing is informal. The arbitrator
has the authority to issue subpoenas for witnesses, books, records documents and other
evidence pertaining to the value of the property. The arbitrator also has the authority to
administer oaths, and determine all questions of law and fact presented to him. The
arbitration hearing may be confidential and closed to the public if you and the Board of
Equalization agree. The arbitrator's decision must be delivered personally or by registered
mail within ten (10) days of the arbitration hearing.
c. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the
Board of Equalization. In the case of residential real property, the fess may not exceed
$150.00 per case. For cases other than residential real property, the arbitrator's total fees
and expenses are agreed to by you and Board of Equalization, but are paid by the parties as
ordered by the arbitrator.
If you have questions concerning the above information, please call me at (970) 400-4226.
Very truly yours,
BOARD OF EQUALIZATION
Esther E. Gesick
Clerk to the Board
Weld County Board of Commissioners
and Board of Equalization
cc: Brenda Dones, Weld County Assessor
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