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Home My WebLink About20212161.tiffCOUNTY BOARD OF EQUALIZATION WELD COUNTY Single County Schedule Number: R1753286 STIPULATION (As To Tax Year 2021 Actual Value) RE PETITION OF : NAME: KAK PROPERTIES LLC ADDRESS: 3325 SILVER OAKS PL FORT COLLINS CO 80526-6421 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: 2803 W 10th St, Greeley, GR 2ME4-1 L1 & S22' L2 BLK4 2ND MEADOWLARK 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 2021 : Total: $1,080,000 4. After further review and negotiation, Petitioner (s) and Weld County Assessor agree to the following tax year 2021 actual value for the subject property: Total: $1,026,000 5. The valuation, as established above, shall be binding only with respect to tax year 2021 . 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. R1 753286 1 aoai-alcoi ^soloq DATED this 28th day of July Rolando west Rolando West (Jul 25, 2021 10.52 COT) Petitioner(s) or Agent or Attorney , 2021 . Address: 13155 Noel RD Ste 100 Dallas, TX 75240 Telephone: 4693994113 R1753286 (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 R1753286/KAK PROPERTIES LLC stipulation Final Audit Report 2021-07-28 Created: 2021-07-28 By: TIM REDDICK (treddick@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAAdArzbBTgKac52Y4y1Ceud62SN0X5kJyQ "R1753286/KAK PROPERTIES LLC stipulation" History t Document created by TIM REDDICK (treddick@co.weld.co.us) 2021-07-28 - 2:08:11 PM GMT- IP address: 204.133.39.9 C'. Document emailed to TIM REDDICK (treddick@co.weld.co.us) for approval 2021-07-28 - 2:08:13 PM GMT t2 Document approved by TIM REDDICK (treddick@co.weld.co.us) Approval Date: 2021-07-28 - 2:10:37 PM GMT - Time Source: server- IP address: 204.133.39.9 E-2* Document emailed to Jason Marini (jmarini@co.weld.co.us) for approval 2021-07-28 - 2:10:39 PM GMT t Email viewed by Jason Marini (jmarini@co.weld.co.us) 2021-07-28 - 3:11:28 PM GMT- IP address: 204.133.39.9 Vie+ Document approved by Jason Marini (jmarini@co.weld.co.us) Approval Date: 2021-07-28 - 3:16:26 PM GMT - Time Source: server- IP address: 204.133.39.9 E. Document emailed to Jason Marini (appeals@weldgov.com) for signature 2021-07-28 - 3:16:27 PM GMT t Email viewed by Jason Marini (appeals@weldgov.com) 2021-07-28 - 3:27:25 PM GMT- IP address: 204.133.39.9 6e Document e -signed by Jason Marini (appeals@weldgov.com) Signature Date: 2021-07-28 - 3:27:48 PM GMT - Time Source: server- IP address: 204.133.39.9 E Document emailed to Rolando West (rolando.west@ryan.com) for signature 2021-07-28 - 3:27:49 PM GMT t Email viewed by Rolando West (rolando.west@ryan.com) 2021-07-28 - 3:50:45 PM GMT- IP address: 165.225.216.250 V:; uVE4F�uv Adobe Sign C`>o Document e -signed by Rolando West (rolando.west@ryan.com) Signature Date: 2021-07-28 - 3:52:33 PM GMT - Time Source: server- IP address: 165.225.216.250 1:1-1, Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature 2021-07-28 - 3:52:34 PM GMT E_.I Email viewed by Karin McDougal (weld-cboe@weldgov.com) 2021-07-28 - 6:13:57 PM GMT- IP address: 204.133.39.9 i Document e -signed by Karin McDougal (weld-cboe@weldgov.com) Signature Date: 2021-07-28 - 6:14:09 PM GMT - Time Source: server- IP address: 204.133.39.9 Agreement completed. 2021-07-28 - 6:14:09 PM GMT Adobe Sign Brenda Dones Weld County Assessor 1400 N 17tr Ave Greeley. CO 80631 NOTICE OF DETERMINATION RECEIVED JUL 1 9 2021 WELD COUNTY COMMISSIONERS Date of Notice: 6/30/2021 Telephone: (970) 400-3650 Fax: (970) 304-6433 Office Hours: 8:00AM - 5:00PM ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTION/ PHYSICAL LOCATION R1753286 2021 3399 GR 2ME4-1 L1 & S22' RK 2803 W 10TH ST GREELEY L2 BLK4 2ND MEADOWLA KAK PROPERTIES 3325 SILVER FORT COLLINS OAKS CO LLC PL 80526-6421 PROPERTY ASSESSOR'S VALUATION ACTUAL VALUE REVIEW PRIOR TO ACTUAL VALUE REVIEW AFTER CLASSIFICATION COMMERCIAL 1.080.000 1.080.000 TOTAL 1,080,000 1,080,000 The Assessor has carefully studied all available information. giving particular attention to the specif cs included on your protest. The Assessor's determination of value after review is based on the following: The law requires that data from Jan 2019 to June 2020 be used to establish current values. We have considered all three approaches to value and we have denied your appeal based upon this data. 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): RYAN THREE GALLERIA TOWER 13155 NOEL RD STE 100 LB73 DALLAS. TX 75240-5050 15-DPT-AR PR 207-08! 13 R1753286 /DSO kOTh 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 Equalizations decision and you wish to continue your appeal. you must appeal within 30 days of the date of the County Boards written decision to ONE of the following: Board of Assessment Appeals District Court 1313 Sherman Street. Room 315 Contact the District Court in the County Denver. CO 80203 where the property is located. See your (303) 866-5880 local telephone book for the address and www.dola.colorado.gov/baa telephone number. 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, 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.) S 563.900 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. etc.) Marshall and Swift's coast approach suggest our property was overvalued. pp g9 p p Y ATTESTATION I. the undersigned owner or agent. of the property identified above affirm that the statements contained herein and on any attachments hereto are true and complete. koicuteLo- (469) 399 - 4113 Signature Rolando.West@Ryan.com 7/13/21 Telephone Number Date Email Address 'Attach letter of authorization signed by property owner. 15 -OPT -AR PR 207-O8 13 R6775775 LETTER OF AUTHORIZATION FOR PROPERTY TAX REPRESENTATION 7 -Eleven, Inc. (as Owner or Lessee) RECEIVED JUL 192021 WELD COUNTY COMMISSIONERS Property Owner Please See Attached List Subject Property Weld County , CO Jurisdiction and State 2021 Year This letter authorizes Ryan, LLC to represent the above -named property as its property tax agent in the jurisdiction and state named above. This authorization includes but is not limited to: filing property renditions or returns; signing and filing appeals; examining property tax records; and, appearances before the assessor, boards of equalization or review, or other governmental agencies responsible for the assessment of property. If there are any questions concerning this authorization, please contact the following: Lucas Quary, Lucas.Quary@ryan.com, (972) 934-0022, Ext 10-1361. A copy of any application or appeal attached to this authorization has been provided to the undersigned property owner. A facsimile or scanned image of a signature below shall constitute an original signing of this authorization and the document containing the original signature will be submitted upon request. This authorization shall remain effective as long as permitted by law or until revoked in writing by the owner. The person signing below certifies that they are a duly appointed officer, representative or agent of the owner and that they have the legal capacity to execute this authorization. Property Ov,fier: Signature ss%sr.4-Alr TiAld Secearoxy JetntEM 8Malt, sit 31 zioze( Printed Name Date Sworn and subscribed before me this ( 3 day of asimisse JAMES PARTRIDGE '� • ••••;9,- Notary Put -the, State of 1'c� �s •N= Comm. rxpire_� 05-29-2022 • .F -: rota; y ID 129334456 ��Iffll�� o v h4� 2021. Notary Public My commission expires: s(L1 (vo&-Z-- 2803 W 10th St 2540 10TH STREET 830 16TH ST 104 East 18Th St 1011 37Th St 3240 Village Vista Drive 6008 Frederick Way R1753286 R2130386 R3281386 R3344586 R3889486 R6775775 R6779994 A Valuation Analysis of Subject Property: 34924 - 2803 W 10th St Located at 2803 W 10th St Greeley, CO 80634 Tax Parcel R1753286 Prepared by: Ryan*) to Taxing Problems. As of January 1, 2021 2021 Valuation Analysis: Cost Approach Ryan Site Name Client/Owner Name Parcel Number(s) Address City State Postal Code Assessor Class Quality Year Built Actual Age Effective Age Total NLA (Sq. Ft.) Land (Sq. Ft.) 34924 - 2803 W 10th St 7 -Eleven, Inc. R1753286 2803 W 1Oth St Greeley CO 80634 Weld County Masonry Bearing Walls 2.0 - Average 1987 33 19 2,700 17,816 Total Value 2021 % Change 2020 Assessed $1,080,000 42.86% $756,000 $/Sq.Ft. $400.00 42.86% $280.00 Imp Value 2021 To Change 2020 Assessed $924,252 53.98% $600,252 $/Sq.Ft. i $342.32 53.98% _ $222.32 Land Value 2021 % Change 2020 Assessed $155,748 0.00% $155.748 $/Sq.Ft. $8.74 e 0.00% $8.74 COST Main Imp Imp 2 Imp 3 Imp Site NLA Marshall Unit Perimeter Multiplier Story Height Multiplier Cost Multipliers Current Cost Multipliers Local Multipliers Total Cost Life & Depreciation Life Expectancy Depreciation Less Depreciation Total Cost Depreciated Imp Code (Sq. Ft.) & Swift Cost New Mini -Market Convenience Store 531 2,700 (Sq. Ft.) --- - --- — --- (Sq. Ft.) --- (Sq. Ft.) Section 13 $193.22 page 22 1.183 page 41 1.00 page 42 --- --- --- --- --- - --- --- --- --- Section 99 1.03 page 3 1.01 pages 5-10 $521,683 Section 99 1.03 page 3 1.01 pages 5-10 $0 Section 99 1.03 page 3 1.01 pages 5-10 $0 Section 97 35 page 11 36% page 24 $187,806 Section 97 --- -- Section 97 - $0 --- --- --- $0 $333,877 --- --- Cost Approach Value Main Imp $333,877 Imp 2 $0 Imp 3 $0 Paving, Asphalt $0 Paving, Concrete $12,570 Sprinklers $0 Canopy $20,341 Tanks $41,383 Total Imp Value $408,172 Land Value $155,748 $563,920 Indicated Value, $563,900 per SF $208.85 Additions Units Marshall & Swift Unit Cost Cost Multipliers Current Cost Multipliers Local Multipliers Total Cost New Life & Depreciation Life Expectancy Depreciation Less Depreciation Total Cost Depreciated Paving, Asphalt 7001 (Sq. Ft.) Paving, Concrete 7003 11,800 (Sq. Ft.) Sprinklers --- 683 (Sq. Ft.) Canopy 1,157 (Sq. Ft.) Tanks --- 24,000 Gallons Section 64 $3.77 page 3 Section 64 $5.33 page 3 Section 13 $0.00 page 40 Section 13 $43.95 page 40 Section 61 $60,857.55 page 5 Section 99 1.03 1.01 $0 page 3 pages 5-10 Section 99 1.03 page 3 1.01 pages 5-10 $62,851 Section 99 1.03 1.01 $0 page 3 pages 5-10 Section 99 1.03 1.01 50853.245 page 3 pages 5-10 Section 99 1.03 page 3 1.01 pages 5-10 $60,858 Section 97 8 80% $0 page 19 page 26 Section 97 13 page 19 80% page 26 $50,281 Section 97 18 66% $0 page 19 page 26 Section 97 20 60% $30,512 page 16 page 26 Section 97 30 page 19 32% page 26 $19,474 --- $12,570 --- I $20,341 $41,383 Confidential Ryan ) Three Galleria Tower 13155 Noel Road Suite 100 Dallas, Texas 75240 PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF THE RETURN ADDRESS, FOLD AT DOTTED LINE aanumannommunamin CERTIFIED MA IL TM 1 i i 1 9214 7969 0099 9790 1659 3556 77 Weld County Board of Equalization 1150 O Street P.O. Box 758 Greeley, CO 80631 U.S. POSTAGE* PITNEY BOWES ZIP 75240 $ Q08.4,5 02 4tN 0000349561 JUL 15 2021 July 20, 2021 Petitioner: KAK PROPERTIES LLC 3325 SILVER OAKS PL FORT COLLINS, CO 80526-6421 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): RYAN ROLANDO WEST THREE GALLERIA TOWER 13155 NOEL RD STE 100 LB73 DALLAS, TX 75240-5050 RE: THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO NOTIFICATION OF HEARING SCHEDULED Docket 2021-2161, AS0109 Appeal 2008230341 Hearing 8/4/2021 1:00 PM Account(s) Appealed: R1753286 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 O 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: RYAN ROLANDO WEST THREE GALLERIA TOWER 13155 NOEL RD STE 100 LB73 DALLAS, TX 75240-5050 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 Petitioner: KAK PROPERTIES LLC 3325 SILVER OAKS PL FORT COLLINS, CO 80526- 6421 RE: THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO NOTIFICATION OF HEARING SCHEDULED Docket 2021-2161, AS0109 Appeal 2008230341 Hearing 8/4/2021 1:00 PM Account(s) Appealed: R1753286 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 O 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 Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Dones, Assessor August 5, 2021 Petitioner: KAK PROPERTIES LLC 3325 SILVER OAKS PL FORT COLLINS, CO 80526-6421 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): RYAN ROLANDO WEST THREE GALLERIA TOWER 13155 NOEL RD STE 100 LB73 DALLAS, TX 75240-5050 RE: THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO NOTICE OF DECISION Docket 2021-2161 Appeal 2008230341 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 R1753286 Stipulated - Approved Stipulated Value $1,080,000 $1,026,000 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)(I)(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 L „s r7 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: RYAN ROLANDO WEST THREE GALLERIA TOWER 13155 NOEL RD STE 100 LB73 DALLAS, TX 75240-5050 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 KAK PROPERTIES LLC 3325 SILVER OAKS PL FORT COLLINS, CO 80526-6421 RE: THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO NOTICE OF DECISION Docket 2021-2161 Appeal 2008230341 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 R1753286 Stipulated - Approved Stipulated Value $1,080,000 $1,026,000 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 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 G,LL,�,� Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Dones, Weld County Assessor Hello