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HomeMy WebLinkAbout20211913.tiffCOUNTY BOARD OF EQUALIZATION WELD COUNTY Single County Schedule Number: R4483706 STIPULATION (As To Tax Year 2021 Actual Value) RE PETITION OF : NAME: JSW GREELEY LLC ADDRESS: 15233 VENTURA BLVD STE 316 SHERMAN OAKS CA 91403-2214 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: 3001 23rd Ave, Greeley, GR S23AVM L1 SHOPS AT 23RD AVE 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 2021 : Total: $5,748,990 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: $4,976,408 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: ,71The 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. R4483706 1 340,1- i3 ASOtoo( DATED this 27th day of July lam Downey#968b Torn Downey#9686 (Jul 28, 202115:43 MOT) Petitioner(s) or Agent or Attorney , 2021 . AnT._ Address: 6855 S. Havana Street Suite 600 Centennial, Co 80112 Telephone: 3038131111 R4483706 (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 rr,nc 7Don z County Assessor Address: 1400 N.17th Avenue Greeley, CO 80631 Telephone: (970) 400-3650 2 R4483706/JSW GREELEY LLC stipulation Final Audit Report 2021-07-29 Created: 2021-07-27 By: TIM REDDICK (treddick@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAAcgbV1KBIdANDIENA6VZjO0Rr9Ak6rt6z "R4483706/JSW GREELEY LLC stipulation" History t Document created by TIM REDDICK (treddick@co.weld.co.us) 2021-07-27 - 1:35:59 PM GMT- IP address: 204.133.39.9 E7,+ Document emailed to TIM REDDICK (treddick@co.weld.co.us) for approval 2021-07-27 - 1:36:01 PM GMT b© Document approved by TIM REDDICK (treddick@co.weld.co.us) Approval Date: 2021-07-27 - 1:38:42 PM GMT - Time Source: server- IP address: 204.133.39.9 -. Document emailed to Jason Marini (jmarini@co.weld.co.us) for approval 2021-07-27- 1:38:43 PM GMT t Email viewed by Jason Marini (jmarini@co.weld.co.us) 2021-07-27 - 1:40:01 PM GMT- IP address: 24.9.7.170 ba Document approved by Jason Marini (jmarini@co.weld.co.us) Approval Date: 2021-07-27 - 4:04:11 PM GMT - Time Source: server- IP address: 204.133.39.9 E. Document emailed to Brenda Dones (appeals@weldgov.com) for signature 2021-07-27 - 4:04:13 PM GMT t Email viewed by Brenda Dones (appeals@weldgov.com) 2021-07-27 - 6:03:49 PM GMT- IP address: 204.133.39.9 6'o Document e -signed by Brenda Dones (appeals@weldgov.com) Signature Date: 2021-07-27 - 6:06:04 PM GMT - Time Source: server- IP address: 204.133.39.9 E?. Document emailed to Tom Downey#9686 (tom@downeylawpc.com) for signature 2021-07-27 - 6:06:06 PM GMT t Email viewed by Tom Downey#9686 (tom@downeylawpc.com) 2021-07-28 - 9:32:42 PM GMT- IP address: 104.47.73.254 Adobe Sign Cj'a, Document e -signed by Tom Downey#9686 (tom@downeylawpc.com) Signature Date: 2021-07-28 - 9:43:33 PM GMT - Time Source: server- IP address: 50.243.137.235 [4 Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature 2021-07-28 - 9:43:34 PM GMT Email viewed by Karin McDougal (weld-cboe@weldgov.com) 2021-07-29 - 3:49:36 PM GMT- IP address: 204.133.39.9 &i Document e -signed by Karin McDougal (weld-cboe@weldgov.com) Signature Date: 2021-07-29 - 3:49:51 PM GMT - Time Source: server- IP address: 204.133.39.9 Agreement completed. 2021-07-29 - 3:49:51 PM GMT Adobe Sign COUNTY BOARD OF EQUALIZATION WELD COUNTY Single County Schedule Number: R4483906 STIPULATION (As To Tax Year 2021 Actual Value) RE PETITION OF : NAME: JSW GREELEY LLC ADDRESS: 15233 VENTURA BLVD STE 316 SHERMAN OAKS CA 91403-2214 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: GR S23AVM L3 SHOPS AT 23RD AVE 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 2021 : Total: $95,052 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: $89,198 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. PIA hearing has not yet been scheduled before the Board of Equalization. R4483906 1 DATED this 27th day of July Torn Downey#9626 Tom Downey09686 (Jul 28, 2021. 15;42 MDT) Petitioner(s) or Agent or Attorney , 2021 . Address: 6855 S. Havana Street Suite 600 Centennial, Co 80112 Telephone: 3038131111 R4483906 (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 l ,nckk:DOnz County Assessor Address: 1400 N.17th Avenue Greeley, CO 80631 Telephone: (970) 400-3650 2 R4483906/JSW GREELEY LLC stipulation Final Audit Report 2021-07-29 Created: 2021-07-27 By: TIM REDDICK (treddick@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAAZlB0w9j_FCsueb7_wbEy870nCZBuQGh1 "R4483906/JSW GREELEY LLC stipulation" History '5 Document created by TIM REDDICK (treddick@co.weld.co.us) 2021-07-27 - 1:41:57 PM GMT- IP address: 204.133.39.9 r:1+ Document emailed to TIM REDDICK (treddick@co.weld.co.us) for approval 2021-07-27 - 1:41:59 PM GMT t5 Document approved by TIM REDDICK (treddick@co.weld.co.us) Approval Date: 2021-07-27 - 1:43:41 PM GMT - Time Source: server- IP address: 204.133.39.9 C?+ Document emailed to Jason Marini (jmarini@co.weld.co.us) for approval 2021-07-27 - 1:43:42 PM GMT 5 Email viewed by Jason Marini (jmarini@co.weld.co.us) 2021-07-27 - 4:03:46 PM GMT- IP address: 204.133.39.9 c5 Document approved by Jason Marini (jmarini@co.weld.co.us) Approval Date: 2021-07-27 - 4:04:18 PM GMT - Time Source: server- IP address: 204.133.39.9 ET+ Document emailed to Brenda Dones (appeals@weldgov.com) for signature 2021-07-27 - 4:04:20 PM GMT 5 Email viewed by Brenda Dones (appeals@weldgov.com) 2021-07-27 - 6:03:37 PM GMT- IP address: 204.133.39.9 t Document e -signed by Brenda Dones (appeals@weldgov.com) Signature Date: 2021-07-27 - 6:07:06 PM GMT - Time Source: server- IP address: 204.133.39.9 . Document emailed to Tom Downey#9686 (tom@downeylawpc.com) for signature 2021-07-27 - 6:07:08 PM GMT 5 Email viewed by Tom Downey#9686 (tom@downeylawpc.com) 2021-07-28 - 9:37:48 PM GMT- IP address: 104.47.73.254 e �:YJE3F��v Adobe Sign ca Document e -signed by Tom Downey#9686 (tom@downeylawpc.com) Signature Date: 2021-07-28 - 9:42:37 PM GMT - Time Source: server- IP address: 50.243.137.235 C: Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature 2021-07-28 - 9:42:39 PM GMT fl Email viewed by Karin McDougal (weld-cboe@weldgov.com) 2021-07-29 - 3:49:16 PM GMT- IP address: 204.133.39.9 t -0 Document e -signed by Karin McDougal (weld-cboe@weldgov.com) Signature Date: 2021-07-29 - 3:49:29 PM GMT - Time Source: server- IP address: 204.133.39.9 Agreement completed. 2021-07-29 - 3:49:29 PM GMT Adobe Sign COUNTY BOARD OF EQUALIZATION WELD COUNTY Single County Schedule Number: R4484006 STIPULATION (As To Tax Year 2021 Actual Value) RE PETITION OF : NAME: JSW GREELEY LLC ADDRESS: 15233 VENTURA BLVD STE 316 SHERMAN OAKS CA 91403-2214 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: GR S23AVM L4 SHOPS AT 23RD AVE 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 2021 : Total: $36,852 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: $34,395 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: [7]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. R4484006 1 DATED this 27th day of July Tom Downey#9686 Torn Downey#9686 (iui 28, 2021 15:41 MDT) Petitioner(s) or Agent or Attorney , 2021 . Address: 6855 S. Havana Street Suite 600 Centennial, CO 80112 Telephone: 3038131111 R4484006 (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 atric6,Donz County Assessor Address: 1400 N.17th Avenue Greeley, CO 80631 Telephone: (970) 400-3650 2 R4484006/JSW GREELEY LLC stipulation Final Audit Report 2021-07-29 Created: 2021-07-27 By: TIM REDDICK (treddick@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAAYeVLz9g52CaT8rvkCuok-ODZMtJIHgCk "R4484006/JSW GREELEY LLC stipulation" History t Document created by TIM REDDICK (treddick@co.weld.co.us) 2021-07-27 - 1:45:06 PM GMT- IP address: 204.133.39.9 Document emailed to TIM REDDICK (treddick@co.weld.co.us) for approval 2021-07-27 - 1:45:08 PM GMT dp Document approved by TIM REDDICK (treddick@co.weld.co.us) Approval Date: 2021-07-27 - 1:46:50 PM GMT - Time Source: server- IP address: 204.133.39.9 E Document emailed to Jason Marini (jmarini@co.weld.co.us) for approval 2021-07-27 - 1:46:51 PM GMT t Email viewed by Jason Marini (jmarini@co.weld.co.us) 2021-07-27 - 4:05:50 PM GMT- IP address: 204.133.39.9 eo Document approved by Jason Marini (jmarini@co.weld.co.us) Approval Date: 2021-07-27 - 4:06:02 PM GMT - Time Source: server- IP address: 204.133.39.9 k Document emailed to Brenda Dones (appeals@weldgov.com) for signature 2021-07-27 - 4:06:04 PM GMT t Email viewed by Brenda Dones (appeals@weldgov.com) 2021-07-27 - 6:02:59 PM GMT- IP address: 204.133.39.9 C51) Document e -signed by Brenda Dones (appeals@weldgov.com) Signature Date: 2021-07-27 - 6:07:42 PM GMT - Time Source: server- IP address: 204.133.39.9 D. Document emailed to Tom Downey#9686 (tom@downeylawpc.com) for signature 2021-07-27 - 6:07:43 PM GMT t Email viewed by Tom Downey#9686 (tom@downeylawpc.com) 2021-07-28 - 9:39:10 PM GMT- IP address: 104.47.73.126 Adobe Sign A Document e -signed by Tom Downey#9686 (tom@downeylawpc.com) Signature Date: 2021-07-28 - 9:41:50 PM GMT - Time Source: server- IP address: 50.243.137.235 Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature 2021-07-28 - 9:41:52 PM GMT Email viewed by Karin McDougal (weld-cboe@weldgov.com) 2021-07-29 - 3:48:56 PM GMT- IP address: 204.133.39.9 O Document e -signed by Karin McDougal (weld-cboe@weldgov.com) Signature Date: 2021-07-29 - 3:49:10 PM GMT - Time Source: server- IP address: 204.133.39.9 Agreement completed. 2021-07-29 - 3:49:10 PM GMT Adobe Sign COMMERCIAL Brenda Dones Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 R4483706 NOTICE OF DETERMINATION RECEIVED JUL 092021 WELD COUNTY COMMISSIONERS TAX YEAR TAX AREA 2021 JSW GREELEY LLC 15233 VENTURA BLVD STE 316 SHERMAN OAKS, CA 91403-2214 0600 Date of Notice: 6/30/2021 Telephone: (970) 400-3650 Fax: (970) 304-633 Office Hours: 8:00AM - 5:00PM LEGAL DESCRIPTION/ PHYSICAL LOCATION` GR S23AVM L1 SHOPS AT 23RD AVE MINOR 3001 23RD AVE GREELEY ASSESSOR'S VALUATION cge: 4/v'3v.`:nvi4vfi.': 5,748,991 5,748,991 5,748,991 5,748,991 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: It will be necessary to physically inspect the parcel. This will be done as early as possible. Please carry appeal to the CBOE. Our decision will be made prior to the hearing. 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): DOWNEY & ASSOCIATES, PC 6855 S HAVANA ST STE 600 CENTENNIAL, CO 80112-3858 15-DPT-AR PR 207-03/13 R4483706 2021-1913 sCntAQ APPEAL PROCEDt 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.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. PETITIt- OUN r ti. t4 ..:B.OAR.D JF EQIJALIZATI.ON 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.) $ 00O ia73ZPI v /�)Y'o 3 Patio 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.) SEE ATTACHED I, the undersigned owner or agent1 of the property identified above, affirm that the statements contained herein and on any ments hereto are true and complete. gnature Email Address Telephone Number Thomas E. Downey, Jr., 49686 Attorney for Petitioner tom@downeylawpc.com 303-813-1111 3,(tfr)/ e 1 Attach letter of authorization signed by property owner. 15-DPT-AR PR 207-08/13 R4483706 NOTICE OF DETERMINATION RECEIVED Brenda Dones Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 JUL 0 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 R4483906 PROPERTY OWNER TAX YEAR TAX AREA LEGAL DESCRIPT.0NI PHYSICAL LOCATION 2021 0600 JSW GREELEY LLC 15233 VENTURA BLVD STE 316 SHERMAN OAKS, CA 91403-2214 PROPERTY CLASSIFICATION COMMERCIAL GR S23AVM L3 SHOPS AT 23RD AVE MINOR ASSESSOR•'S VALUATION. ACTUAL VALUE PRIOR TO REVIEW 95,052 TOTAL 95,052 •ACTUAL' VALUE AFTER R EVI E 95,052 95,052 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: It will be necessary to physically inspect the parcel. This will be done as early as possible. Please carry appeal to the CBOE. Our decision will be made prior to the hearing. 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): DOWNEY & ASSOCIATES, PC 6855 S HAVANA ST STE 600 CENTENNIAL, CO 80112-3858 15-DPT-AR PR 207-08/13 R4483906 >;APPEAL'PROC � 3: 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 r 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 tol have been timely filed if filed on the next business day, § 39-1-120(3), C R S 11). c 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 •ro•ert ursuant to § 39-8-106(1 5), C R S ) $',64) li4540— L Yd91,O'4: 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). h - SEE ATTACHED I, the undersigned owner or agent' of the property identified above, affirm thatithe statements contained herein and on any att chments hereto are true and complete 0410 9M4W) Signature Telephone Number Date' Thomas E Downey, Jr , #9686 Attorney for Petitioner tom@downeylawpc corn 303-813-1111 1 Attach letter of authorization signed by property owner 15-DPT-AR PR 207-08/13 R4483906 Brenda Dones Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 ACCOUNT NC3. NOTICE OF DETERMINATION RECEIVED JUL 0 9 2021 WELD COUNTY COMMISSIONERS 2021 TAX YEAR TAX AREA R4484006 0600 PROPERTY OWNER JSW GREELEY LLC 15233 VENTURA BLVD STE 316 SHERMAN OAKS, CA 91403-2214 PROPERTY CLASSIFICATION VACANT LAND Date of Notice: 6/30/2021 Telephone: (970) 400-3650 Fax: (970) 304-6433 Office Hours: 8:00AM - 5:00PM LEGAL DESCRIPTION/ PHYSICAL LOCATION GR S23AVM L4 SHOPS AT 23RD AVE MINOR ASSESS,QR'S VALUATION ACTUAL VALUE PRIOR TO REVIEW 36,852 36,852 ACTUAL: VALUE AFTER REVIEW 36,852 36,852 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: It will be necessary to physically inspect the parcel. This will be done as early as possible. Please carry appeal to the CBOE. Our decision will be made prior to the hearing. 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): DOWNEY & ASSOCIATES, PC 6855 S HAVANA ST STE 600 CENTENNIAL, CO 80112-3858 15-DPT-AR PR 207-08/13 R4484006 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 0 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.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. T PETITIoII UNtry BC A L F 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 pur uant to § 39-8-106(1.5), C.R.S.) $ 4aPit000 -;15AN_ V61&IF 3 What is the basis for your estimate of value oryour reason for requesting a review? (Please attach q g additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) rer SEE ATTACHED v STATION I, the undersigned owner or agent1 of the property identified above, affirm that the statements contained herein and on any attachments hereto are true and complete. Signature Telephone Number Thomas E. Downey, Jr., 149686 Attorney for Petitioner tom@downeylawpc.com 303-813-1111 1 Attach letter of authorization signed by property owner. 2/2/3 Date 15-DPT-AR PR 207-08/13 R4484006 DOWNEY & ASSOCIATES, Pc A PROFESSIONAL CORPORATION May 28, 2021 VIA USPS PRIORITY MAIL Ms. Brenda Dones, Assessor Weld County Office of the Assessor 1400 North 17th Avenue Greeley, Colorado 80631 Re: 3001 SW 23rd St, Greeley Schedule Numbers: 95924104001 95924104003 and 95924104004 Dear Ms. Danes: Thomas E. Downey, Jr. 303 813-illt tomgdowncylawpc.com This law firm represents, JSW GREELEY LLC, the owner of the above captioned property, and are tendering this correspondence on its behalf. This letter shall serve as a formal written protest of the real property notice of valuation for the above captioned properties for the 2021 tax year. We believe the current year actual value assigned to the above captioned schedule numbers is excessive and should be reduced for the following reasons: 1. The subject property, which consists of the 3 referenced parcels, is comprised of 88,446 sf of improvements situated on 377,317 sf of land. The total 2021 assigned value is $5,880,895, which represents an increase of $574,135/10.82% over the prior value. On January 31, 2019, the 51,554 sf occupied by Hobby Lobby went vacant. The space remained vacant until it was occupied by 24 Hour Fitness commencing on or about December 1, 2019. Although 24 Hour Fitness occupied the premises, it did not pay rent in 2019, and was not scheduled to pay rent until June, 2020. 24 Hour Fitness declared bankruptcy in the Spring of 2020. As indicated on the enclosed Rejection of Lease Agreement; Surrender of Premises, the tenant rejected the lease agreement in bankruptcy and surrendered its premises as of June 15, 2020. The vacancy continued throughout the remainder of 2020, existed on the January 1, 2021 assessment date and continues as of the date of this letter. As indicated on the enclosed actual income approach of the subject property, income performance for 2019-2020 was an economic disaster. The net operating income in both years was negative. An excess vacancy adjustment is certainly indicated for the subject property. The enclosed excess vacancy analysis utilizes the $13.25 sf rental rate that had been agreed to by 24 Hour Fitness and calculates the loss over one to three years. The three-year excess vacancy adjustment is $3,190,000. Petitioner respectfully requests that its three-year excess vacancy loss be applied to reduce the assigned value of $5,880,895 to a reduced value of $2,690,895. Petitioner respectfully request that the 2021 value be reduced to $2,691,000. 6855 South Havana Street - Suite 600 Centennial, Colorado 80112 fax 303 813-1122 www.downeylawpc.com www.coloradopropertytaxattorney.com Ms. Brenda Dones, Assessor Weld County Office of the Assessor May 28, 2021 Page 2 2. The assessor has failed to give appropriate consideration to all the requisite approaches to valuation in determining the value of the property. 3. The current year actual value assigned by the assessor does not reflect the actual value of the subject property considering its condition on the Assessment Date and the level of value during the 18 -month period beginning January 1, 2019 and ending June 30, 2020. 4. Upon consideration of all the approaches to value, values given to comparable land and improvements and upon consideration of the requirements of Colorado law that require that assessments be uniform, just and equalized, a reduction in the current year actual value of this property is warranted. 5. The value of the subject property, based upon information currently available and subject to further revision, is excessive and should be reduced. Pursuant to C.R.S. § 39-5-121.5, the taxpayer respectfully requests that the Assessor provide its undersigned legal representative with the data utilized by the Assessor to establish the 2021 value for the Subject Property within seven working days after receipt of this request. t would like to meet with you in June to discuss this matter. Please contact me if you have any questions concerning this Protest. Thank you for your consideration. Very truly yours, 774)."'q Thomas E. Downey, Jr. enclosures cc: N. Furia Esq. 6855 South Havana Street • Suite 600 Centennial, Colorado 80112 fax 303 813-1122 www.downeylawpc.com www.colorsdopropertytaxattorney.com June 15, 2020 Proud Sponsor of the U.S. Olympic & Paralympic Teams JSW Greeley LLC JS Western Retail Investments 15233 Ventura Boulevard Suite 316 Sherman Oaks, CA 91403 Re: Rejection of Lease Agreement; Surrender of Premises Premises located at 3001 South 23rd Avenue, Greeley CO; 24 Hour Fitness Club No. 66I Greeley Super Sport Dear Landlord: Please accept this letter as formal written notice that pursuant to 11 U.S.C. § 365(a) of the U.S. Bankruptcy Code, Tenant, as the debtor in In re 24 Hour Fitness Worldwide, Inc., et al., Ch. 11 Case No. 20-11558 (Bankr. D. Del. June 15, 2020), has rejected the Lease Agreement effective immediately and the Leased Premises have been surrendered to you as of June 15, 2020. The keys can be located within the lockbox onsite with the code 5786. 24 Hour Fitness wishes to thank you for your relationship with us over the years. Should you have any questions, please call Craig Hardy, Sr. Director of Real Estate at 925.543.3230. Thank you. Sincerely, 24 HOUR FITNESS USA, INC. 12647 Alcosta Blvd, Suite 500 San Ramon CA 94583 PROPERTY NAME: JSW GREELEY OWNER: ADDRESS: COUNTY: ACCOUNT/PIN #: PARCEL #: YOC: 1MPR SF: Rent Income Mist Total Vacancy & Collections JSW GREELEY LLC 3001 SW 23rd St, Greeley Weld #REF! #REF! 1986/1988/2013-2017 88,446 INCOME APPROACH Actual 201 $398,887 $0 $398,887 $0 2020 VALUE: 2020 $/SF: 2021 VALUE: 20215/5 F: % CHANGE: MILL RATE: Actual 2020: Effective Gross Income $398,887 $394,734 $0 $394,734 $0! $394,734 Operating Expenses Management Replacement Reserves TotalExpenses 3% 3% $511,204 $11,967 $11,967 $535,137, $423,361 $11,842 $11,842 $447,045 NOI -$136,2501 -$52,311 Cap Rate Base Taxes/ETR Overall Capitalization Rate Indicated Value 7.50% 0.00% 7.50% Value $/SF Average Value Average $/5F -$1,816,670 -$20.54 -$1,257,075 -$14.21 -$697,481 -$7.89 $5,306,760 $60.00 $5,880,895 $66.49 10.82% 0 5/27/2021 I www.downeylawpc.com Vacancy (Rent Loss) Actual Vacancy 100.0% Area vacant at stabilization Excess vacancy on date of value Effective Net Rate per square foot Annual net income loss Building Area (sf) Area Vacant 88,446 Ordinary Level Annuity (Annual Compounding) Present value factor Present value of the rent loss Present value factor Present value of the rent loss Leasing Commissions $1.00 / sf / year Annual Discount Rate 10% 51,299 sf 2.034 sf 49,264 sf $13.25 / sf $652,754 0.909091 $593,412 2.486852 $1,623,302 2 Year Term Present Value Range 0.751315 0.909091 $74,026.18 $89,572 58.00% 2.3% Excess Vacancy 24 HOUR RATE Rate 10% Years 1 10% 3 $98,529 Reversion Factors PV of commissions Tenant Improvements t Retrofit Charges 49,264 sf Excess Vacancy Non -amortized landlord expense $1,477,933 $30.00 psf Range of Adjustments for Lease -Up Costs to Stabilization Absorption Period (years) Rent Loss Lease Commissions Tenant Improvements 1 to 3 $593,412 $74,026 $1,477,933 $2,145,371 $1,623,302 $89,572 $1,477,933 $3,190,806 Net Loss Due to Excess Vacancy Rounded $2,150,000 to $3,190,000 $2,670,000 Concluded adjustment equates to Absorption of 2 years equates to $30.19 / sf of net rentable area 24,632 sf / yr of leased space PA DOWNEY & ASSOCIATES, Pc A PROFESSIONAL CORPORATION July 7, 2021 VIA USPS PRIORITY MAIL Weld County Board of Equalization 1150 O Street P.O. Box 758 Greeley, CO 80631 Dear Clerk to the Board, Re: JSW GREELEY LLC 3001 SW 23rd St, Greeley Schedule Numbers: 95924104001 95924104003 and 95924104004 Thomas E. Downey, Jr. 303 813-1111 tom@downeylawpc.com RECEIVED JUL 0 9 2021 WELD COUNTY COMMISSIONERS GREELEY MALL CO LLC 2050 Greeley Mall - Greeley Account Numbers: R4473006, R3761086, R1044296, R2719704, R4483606 We represent the owner(s) of the above -referenced real properties in Weld County. Enclosed are individual Petitions to the Board of Equalization protesting the denial, or inadequate adjustment, by the Weld County Assessor. I am not available for hearing on the mornings of July 16th and 20th, the afternoon of July 21st, July 23rd and August 5th Please direct the Notice of Hearing on this matter to the undersigned. Petitioner, pursuant to C.R.S. §39-8-107(3), respectfully requests that the Assessor provide all data supporting the assessor's determination of actual value on these parcels to the undersigned no later than two working days prior to the CBOE hearing. call. TED/po Enclosures Thank you for your cooperation in this regard. Should you have questions, please Very truly yours, 7ro...q.k/u.79 Thomas E. Downey, Jr. 6855 South Havana Street ❑ Suite 600 ❑ Centennial, Colorado 80112 ❑ fax 303 813-1122 www.downeylawpc.com ❑ www.coloradopropertytaxattomey.com QA DOWNEY s, ASSOCIATES, Pc A PROFESSIONAL CORPORATION July 7, 2021 VIA USPS PRIORITY MAIL Weld County Board of Equalization 1150 O Street P.O. Box 758 Greeley, CO 80631 Re: JSW GREELEY LLC 3001 SW 23rd St, Greeley Schedule Numbers: 95924104001 95924104003 and 95924104004 Dear Clerk to the Board, Thomas E. Downey, Jr. 303 813-1111 tom@downeylawpc.com We represent the owner(s) of the above -referenced real property JSW GREELEY LLC in Weld County. Enclosed are individual Petitions to the Board of Equalization protesting the denial, or inadequate adjustment, by the Weld County Assessor. I am not available for hearing on the mornings of July 16th and 20th, the afternoon of July 21St, July 23rd and August 5th Please direct the Notice of Hearing on this matter to the undersigned. Petitioner, pursuant to C.R.S. §39-8-107(3), respectfully requests that the Assessor provide all data supporting the assessor's determination of actual value on these parcels to the undersigned no later than two working days prior to the CBOE hearing. call. TED/po Enclosures Thank you for your cooperation in this regard. Should you have questions, please Very truly yours, /1140 ‘(14(13 - Thomas E. Downey, Jr. 6855 South Havana Street ❑ Suite 600 ❑ Centennial, Colorado 80112 ❑ fax 303 813-1122 www.downeylawpc.com O www.coloradopropertytaxattorney.com PRESS FIRMLY TO SEAL -",17, UNITED! POST/.l! S Expected delivery date sped Most domestic shipments in LISPS Tracking® included for Limited international insuran When used internationally, a surance does not cover certain ite mastic Main Manual at http://pe.usp lee international Mall Manual at hifp 'LAT RATE E NE RATE U ANY WEIGHT IMX ` Retail f , . >., US POSTAGE PAID etc Origin: 80112 �MU 07288201 81-1 3 PRIORITY MAIL 2 -DAY® EXPECTED DELIVERY DAY: 07/12/21 SHIP TO: PO BOX 758 Greeley CO 80632-0758 0 Lb 7.20 1006 Oz B900 i ° 111 9505 USPS IME1111111 5122 TRACKING® 5121 1189 # 4407 131 82 1 'RACKED ■ INSURED i is is EP1 4F May 2020 OD: 121/2 x 91/2 USPS.COM/PICKLIP To schedule free Package Pickup, scan the OR cods: PRIORITY MAIL FLAT RATE ENVELOPE POSTAGE REQUIRED PRESS FIRMLY TO SEAL FROM: DOWNEY & ASSOCIATES. Pv A PROFESSIONAL CORPORATION 6855 S. Havana St. - Suite 600 Centennial, CO 80112 Weld County Board of Equalization 1150 O Street POB 758 Greeley, CO 80631 July 9, 2021 Petitioner: JSW GREELEY LLC 15233 VENTURA BLVD STE 316 SHERMAN OAKS, CA 91403-2214 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBS ITE: www.weldgov.com 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Agent (if applicable): DOWNEY & ASSOCIATES, PC 6855 S HAVANA ST STE 600 CENTENNIAL, CO 80112-3858 RE: THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO NOTIFICATION OF HEARING SCHEDULED Docket 2021-1913, AS0109 Appeal 2008230107 Hearing 8/4/2021 1:00 PM Account(s) Appealed: R4483706 R4483906 R4484006 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 LPLIs./o:yf G'i. Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Dones, Assessor July 9, 2021 Agent: Petitioner: DOWNEY & ASSOCIATES, PC 6855 S HAVANA ST STE 600 CENTENNIAL, CO 80112-3858 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 JSW GREELEY LLC 15233 VENTURA BLVD STE 316 SHERMAN OAKS, CA 91403- 2214 RE: THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO NOTIFICATION OF HEARING SCHEDULED Docket 2021-1913, AS0109 Appeal 2008230107 Hearing 8/4/2021 1:00 PM Account(s) Appealed: R4483706 R4483906 R4484006 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: JSW GREELEY LLC 15233 VENTURA BLVD STE 316 SHERMAN OAKS, CA 91403-2214 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): DOWNEY & ASSOCIATES, PC 6855 S HAVANA ST STE 600 CENTENNIAL, CO 80112-3858 RE: THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO NOTICE OF DECISION Docket 2021-1913 Appeal 2008230107 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 R4483706 Stipulated - Approved Stipulated Value R4483906 Stipulated - Approved Stipulated Value R4484006 Stipulated - Approved Stipulated Value $5,748,991 $95,052 $36,852 $4,976,408 $89,198 $34,395 Totals: $5,880,895 3 Total Accounts $5,100,001 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: DOWNEY & ASSOCIATES, PC 6855 S HAVANA ST STE 600 CENTENNIAL, CO 80112-3858 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 JS,W GREELEY LLC 15233 VENTURA BLVD STE 316 SHERMAN OAKS, CA 91403-2214 RE: THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO NOTICE OF DECISION Docket 2021-1913 Appeal 2008230107 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 Vaiue as Actual Value as Set by Determined by Assessor Board R4483706 Stipulated - Approved $5,748,991 Stipulated Value R4483906 Stipulated - Approved $95,052 Stipulated Value R4484006 Stipulated - Approved $36,852 Stipulated Value $4,976,408 $89,198 $34,395 Totals: $5,880,895 3 Total Accounts $5,100,001 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 wal 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 Hello