HomeMy WebLinkAbout20212136.tiffChloe Rempel
From:
Sent:
To:
Cc:
Subject:
Tim Reddick
Wednesday, July 21, 2021 1:17 PM
CTB-County Board of Equalization
Courtney Anaya; Millie Channell; Susan Gundry
FW: FW: Weld County McDonalds & Panda Express Appeals
This applies to the following accounts:
,R2133203
C.FT DEVELOPMENTS LLC
14542 Centerplace Dr Panda Express
R6786065
MCDONALDS REAL ESTATE COMPANY 16901 W 10th St McDonalds
R3723505
MCDONALDS RESTAURANTS OF CO INC2440 S 8th Ave _
McDonalds
McDonalds
R4636906
ARCHLAND PROPERTY I LLC ;150 Parish Ave
R1394702
ARCHLAND PROPERTY I LLC I
McDonalds
R7185798
ARCHLAND PROPERTY I LLC ,320123rd Ave
McDonalds
Mc:Donalds
R1918302
,MCDONALDS REAL ESTATE COMPANY
13650 Highway 52
R6779750
',MCDONALDS REAL ESTATE COMPANY
5850 Firestone Blvd
McDonalds
R4631507
DEXTER DEVELOPMENT INC 12520 47th Ave
McDo.nalds
R5610186
:MC •DONALDS CORP 110863 WI -25 Frontage Rd
McDonalds
Best,
Tim
From: Jason Letman <jletman@consultus.biz>
Sent: Wednesday, July 21, 2021 1:14 PM
To: Tim Reddick <treddick@weldgov.com>
Subject: Re: FW: Weld County McDonalds & Panda Express Appeals
•
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Tim,
I've been gathering more information for you, but I do think I would like some additional time. I'd like to have Admin
Denials on these, provided we can chat when they get to the BAA.
Sorry about the voicemail. I checked and it seems to work fine. My number is 303-770-2420x101.
Let me know.
-Jason
1I-313Co
DSO (o9
NOTICE OF DETERMINATION
Brenda Dones
Weld County Assessor
1400 N 17th Ave
Greeley, CO 80631
RECEIVED
JUL 162021
WELD COUNTY
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
R2133203
2021
0683
GR
4542
CP
CENTERPLACE
L5
CENTERPLACE
DR
GREELEY
o
a. a ..—— ...• ._ ..--..— ..•I
°=
CFT
1683
ROSEMEAD,
DEVELOPMENTS
WALNUT
CA
GROVE
91770-3711
LLC
AVE
PROPERTY
CLASSIFICATION
,,
ASSESSOR'S VALUATION
ACTUAL_VALUE
REVIEW
PRIOR
TO
ACTUAL
REVIEW
VALUE
AFTER.
COMMERCIAL
1,501,200
1,501,200
:. TOTAL
1,501,200
1,501,200
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 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):
CONSULTUS ASSET VALUATION, INC.
68 INVERNESS LN E STE 103
ENGLEWOOD, CO 80112-5108
2021-2136
ASo \act
15-DPT-AR
PR 207-08/13
R2133203
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 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.aov/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.
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.)
$ I 050s ()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, etc.)
- Assessor's value does not reflect market.
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.
Jason Letman 303-770-2420
Signature
jletman@consultus.biz
Telephone Number
Email Address
1 Attach letter of authorization signed by property owner.
7/15/2021
Date
15-DPT-AR
PR 207-08/13
R2133203
CONSULTUS
ASSET VALUATION, INC.
Maximizing Your Resources
July 15, 2021
Weld County BOE
1150 O Street
P.O. Box 758
Greeley, CO 80631
RE: 2021 Appeals
Appraisers & Counselors
68 Inverness Lane East #103
Englewood, CO 80112
phone 303-770-2420
fax 303-770-2430
www.consultus.biz
DECEIVED
JUL 162021
WELD COUNTY
COMMISSIONERS
Enclosed please find our 2021 appeals dated July 15, 2021 for the following schedule numbers.
Please do not schedule our hearing on July 27, 28, 29 or August 9-10.
File
Name
Address
Schedule
Nos
Secondary
Sch#
JJOH-WE-001
150
Parish
Ave.
R4636906
JJOH-WE-002
2440
S. 8th
Ave.
R3723505
JJOH-WE-003
3201
23rd
Ave.
R1394702
R7185798
JJOH-WE-004
2520 47th
Ave.
R4631507
JJOH-WE-005
6901
W.
10th
St.
1
R6786065
KOEN-WE-001
10863
W.
1-25
Frontage
Rd.
R5610186
KOEN-WE-002
3650
Hwy 52
R1918302
KOEN-WE-003
5850
Firestone
Blvd.
R6779750
NTRG-WE-001
509-23 10th
St.
R2851486
R2851586
PNDA-WE-001
4542
Centerplace
Dr.
R2133203
Please date stamp and return the colored copy of this letter to confirm receipt of the Appeals.
Sincerely,
?qpi
Jason Letman
Consultus Asset Valuation
Certified Mail Number 7019 0700 0000 0211 0226
CONSULTUS
ASSET VALUATION'
APPOINTMENT OF AGENT
DATE
TO WHOM IT MAY CONCERN
AGENT: Consultus Asset Valuation, Inc.
68 Inverness Place East #103
Englewood, CO 80112
Fax: (303) 770-2430
Phone: (303) 770-2420
Consultus Asset Valuation, Inc. is authorized to represent Panda Express Inc./Panda Restaurant Group Inc. in
property tax valuation matters for the years 2021 through 2022. Please contact Consultus regarding all property tax
issues. The properties are indicated below.
COUNTY
SCHEDULE NO.
ADDRESS
Store #
Arapahoe
2073-18-4-05-001
5670 S. Chambers Rd.
2228
Boulder
R0508878
2524 Main St.
2120
Jefferson
435167
8461 Church Ranch Blvd.
544
Jefferson
447471
5145 Kipling St.
1547
Jefferson
453089
7165 Sheridan Blvd.
2118
Larimer
160
4
1385-91 N. Denver Ave.
1323
Weld
1332
4542 Centerplace Dr.
1276
1
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(Signatu e
Printed (\ikL LtVIPi
7-
2/
Title VP rink
Company Name Py'O 6AAa
Phone No.
62t- - cif qL-
7-ek
Subscribed and sworn before me this day of It vZ _
My commission expires 1) l
2021.
FI0NA ._E
Notary Public - California
Los Angeles County
Commission # 2281640
My Comm. Expires Mar 19. 2023
Notary Public
PNDA-AR-004, -BO-003, -JE-001, -004, -005, -LA-002, -\NE-002
CFI' [5241 GREELEY, Co
GROUND LEASE
THIS LEASE ("Lease") dated as of January 1sr, 2006 between CFT Developments,
LLC ("Landlord") and PANDA EXPRESS, INC., a California corporation ("Tenant").
1. LEASE. Upon and subject to the terms of this Lease, Landlord does hereby lease to Tenant,
and Tenant does hereby lease from Landlord the Property (hereinafter defined) for and during the
Term (hereinafter defined).
2. DESCRIPTION OF PROPERTY. The property covered by this Lease shall be:
Panda Express #1276
4542 CENTERPLACE DRIVE
GREELEY, CO 80634
together with (a) all rights, easements and appurtenances belonging or appertaining thereto,
including, without limitation, easements for access and utilities contained in the Covenants
(hereinafter defined), (b) all right, title and interest of Landlord in and to any and all roads,
streets, alleys and ways, bounding such property and (c) all buildings and other improvements
thereon, if any (collectively, the "Property"), but subject to all existing Covenants of record.
i
3. INITIAL TERM. The Initial Term of the Lease is twenty (20) years ("Term"). The Initial
Term shall commence on the date (the "Commencement Date") Tenant opens its business on the
Property to the public. Upon expiration or earlier termination of this Lease, Landlord may
prepare and deliver to Tenant, and Tenant shall sign, a notice of termination of lease in
recordable form that Landlord may record at Landlords expense. Once the Commencement
Date is established, Landlord and Tenant shall execute a written Statement of Commencement
of Lease Term Agreement in recordable form so as to establish the Commencement Date of
record.
4. EXTENSIONS. Provided no default by Tenant shall have occurred and be continuing
beyond any notice or grace period on the Commencement Date of any such Extension, Tenant
shall have the option of extending the Term for four (4) additional periods of five (5) years each
("Extension(s)"), commencing at midnight on the date on which the Term or any Extension
expires. Tenant shall give Landlord written notice, not later than ninety (90) days prior to the
expiration of the Term or then. current Extension, of Tenant's intent to extend the Lease for the
next succeeding Extension. Tenant shall not lose any right to exercise any of its options to extend
the Term for failure to timely exercise such option until Tenant has first received ten (10) days
prior written notice from Landlord of the same and Tenant has failed to exercise the applicable
option within this widltional ten-day period.
the Property. Nothing herein contained shall require Tenant to pay corporation, franchise,
income, estate, gift and inheritance taxes or charges imposed on rent or other similar taxes,
charges or impositions which may be levied or assessed against Landlord, fee owner, or their
successor in title. If, for Real Estate Tax purposes, the Property is assessed as part of a larger
tract of land, Landlord shall use its best efforts to cause the Property to be separately assessed
and taxed. If Landlord cannot cause the Property to be separately assessed and taxed, such
assessments and taxes shall be equitably allocated, among the Property and any other property
included within the tax parcel. Landlord shall forward to Tenant promptly upon receipt tax
statements, and if the Property is being assessed as part of a larger tract of land, such statements
shall be accompanied by a reasonably detailed computation of the amount payable by Tenant.
In the event Tenant fails to pay the Real Estate Taxes within the time provided, Landlord may,
after fifteen (15) days written notice, pay the same, in which event Tenant shall remain liable to
and obligated to repay Landlord the amount so advanced together with interest thereon at the rate
of ten percent (10%) per annum. In the event any Real Estate Taxes may be payable in
installments, Tenant shall have the right to pay the same as such installments fall due. Tenant
shall pay all penalties and interest incurred as a result of a delinquent payment of taxes by
Tenant. Real Estate Taxes for the year in which the Term shall begin and the year in which the
Lease shall terminate shall be prorated so that Tenant shall pay only those portions thereof which
correspond with the portion of said years as are within the Term, as may have been extended.
Tenant shall have the right, at its own cost and expense, to initiate and prosecute any proceedings
permitted by law for the purpose of obtaining an abatement of or otherwise contesting the
validity or amount of Real Estate Taxes assessed or levied upon the Property and the building
and/or other improvements constructed on the Property by Tenant. If required by law, Tenant
may take such action in the name of Landlord who shall cooperate with Tenant to such extent as
Tenant may reasonably require, provided, however, that Tenant shall fully indemnify, defend and
save Landlord Indemnified Parties harmless from all claims, liabilities, obligations, loss, cost,
damage and expense, including, without limitation, penalties and interest, incurred by or to be
incurred by Landlord as a result thereof, and further provided Tenant shall, at Landlord's request,
escrow or post a bond for the full amount of the Real Estate Taxes claimed pending such
proceedings.
Notwithstandmg the foregoing, Tenant shall only be responsible for any annual increases in real
estate taxes resulting from the first occurrence of a sale or transfer during the life of this Lease.
13. INSURANCE. Tenant shall protect, indemnify, defend and save harmless Landlord from
and against any and all claims, liabilities, obligations, damages, costs and expenses, including
attorneys' fees and expenses, arising out of Tenant's particular use and, incurred in connection
with or resulting from any act or occurrence, in, on, or about the Property or Tenant's failure to
perform its obligations under this Lease, except to the extent caused by Landlord's failure to
discharge its obligations under this Lease or the gross negligence, omissions or willful
misconduct of Landlord Parties. Tenant shall maintain property insurance with endorsements for
all perils covering all improvements on the Property in an amount not less than 90% of the
replacement value thereof. Tenant shall maintain commercial general liability insurance against
claims for personal injury, death and property damage occurring on the Property in amounts not
less than $1,000,000 per occurrence and $2,000,000 in the aggregate during the first five (5)
4
l •
IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day
and year first above written.
TENANT:
PANDA EXPRESS, INC., a California corporation
By: _-
Peggy T. Cherng, Co -Chair
LANDLORD:
CFT Developments, LLC
By:
Peggy Tsiang Chemg, Manager
Exhibit B
Memorandum of Lease
Page B-2
I
ION
i
i
I II
1
11
7019 0700 0000 0211 0226
CONSULTUS
ASSET VALUATION, INC.
Weld County BOE
1150 O Street
P.O. LOX 758
Greeley, CO 80631
CONSULTUS
ASSET VALUATION""
.a
68 Inverness Lane East
Suite 103
Englewood, CO 80112
jesto
CPU
U.S. POSTAGE
$8.65
FCMF F 0023
Ong: 80112
W Dest: 80631 co
N 07/14/21
CC 2000052008 a
July 16, 2021
Petitioner:
CFT DEVELOPMENTS LLC
1683 WALNUT GROVE AVE
ROSEMEAD, CA 91770-3711
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):
CONSULTUS ASSET
VALUATION, INC.
68 INVERNESS LN E STE 103
ENGLEWOOD, CO 80112-5108
RE: THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO
NOTIFICATION OF HEARING SCHEDULED
Docket 2021-2136, AS0109 Appeal 2008230274 Hearing 8/3/2021 8:30 AM
Account(s) Appealed:
R2133203
Dear Petitioner(s):
The Weld County Board of Equalization has set a date of August 3, 2021, at or about the hour of
8:30 AM, 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
az,6„e
Esther E. Gesick
Clerk to the Board
Weld County Board of Commissioners
and Board of Equalization
cc: Brenda Dones, Assessor
July 16, 2021
Agent: Petitioner:
CONSULTUS ASSET VALUATION,
INC.
68 INVERNESS LN E STE 103
ENGLEWOOD, CO 80112-5108
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
CFT DEVELOPMENTS LLC
1683 WALNUT GROVE AVE
ROSEMEAD, CA 91770-3711
RE: THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO
NOTIFICATION OF HEARING SCHEDULED
Docket 2021-2136, AS0109 Appeal 2008230274 Hearing 8/3/2021 8:30 AM
Account(s) Appealed:
R2133203
Dear Petitioner(s):
The Weld County Board of Equalization has set a date of August 3, 2021, at or about the hour of
8:30 AM, 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:
CFT DEVELOPMENTS LLC
1683 WALNUT GROVE AVE
ROSEMEAD, CA 91770-3711
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):
CONSULTUS ASSET VALUATION, INC.
68 INVERNESS LN E STE 103
ENGLEWOOD, CO 80112-5108
RE: THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket 2021-2136 Appeal 2008230274 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
R2133203 Deny - Administrative Deny
$1,501,200 $1,501,200
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:
CONSULTUS ASSET VALUATION, INC.
68 INVERNESS LN E STE 103
ENGLEWOOD, CO 80112-5108
Petitioner:
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
CFT DEVELOPMENTS LLC
1683 WALNUT GROVE AVE
ROSEMEAD, CA 91770-3711
RE: THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket 2021-2136 Appeal 2008230274 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
R2133203 Deny - Administrative Deny $1,501,200
$1,501,200
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
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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