HomeMy WebLinkAbout20212001.tiffCOUNTY BOARD OF EQUALIZATION
WELD COUNTY
Single County Schedule Number: R7455198
STIPULATION (As To Tax Year 2021 Actual Value)
RE PETITION OF :
NAME: MAC MANAGEMENT EVANS LLC
ADDRESS: 5570 DTC PKWY STE 150
GREENWOOD VILLAGE CO 80111-3189
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:
3625 23rd Ave, Evans, CO, EVS LDGS TR 7 THE LANDINGS
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: $3,468,773
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: $3,301,157
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:
EEIThe hearing scheduled before the Board of Equalization on 08/03/2021
at 8:30 AM be vacated.
I —IA hearing has not yet been scheduled before the Board of Equalization.
R7455198
1
QOS I - .00t
/\0109
DATED this 22nc day of July
Sfeven fflibichuf=
Steven Hlibichuk (Jut 22, 202111:33 MDT)
Petitioner(s) or Agent or Attorney
Address:
1999 Broadway
Suite 4100
Denver, Colorado 80202
Telephone: 7205205832
R7455198
, 2021.
(Assistant) County Attorney for
Respondent, Weld County Board of
Commissioners
Address:
1150 "O" Street
P.O. Box 758
Greeley, CO 80632
Telephone:(970) 336-7235
County Deputy Assessor
Address:
1400 N.17th Avenue
Greeley, CO 80631
Telephone: (970) 400-3650
2
R7455198/MAC MANAGEMENT EVANS LLC
stipulation
Final Audit Report
2021-07-22
Created:
By:
Status:
Transaction ID:
TIM REDDICK (treddick@co.weld.co.us)
CBJCHBCAABAAZ9exszFodXBf8vC_ZynnPIPw3Zq5JfAv
PI Pw3Zg5JfAv
"R7455198/MAC MANAGEMENT EVANS LLC stipulation" Histo
ry
tn Document created by TIM REDDICK (treddick@co.weld.co.us)
2021-07-22 - 5:11:23 PM GMT- IP address: 204.133.39.9
C7* Document emailed to TIM REDDICK (treddick@co.weld.co.us) for approval
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4 Document approved by TIM REDDICK (treddick@co.weld.co.us)
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El Document emailed to Jason Marini (jmarini@co.weld.co.us) for approval
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Agreement completed.
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Adobe Sign
Thank you for submitting an appeal to the Weld County Board of Equalization. We will review the
information submitted and you will receive a date to appear before the board.
Contact Information:
Contact Name: Steven Hlibichuk
Contact Email: steven.hlibichuk@ryan.com
Contact Phone: 303-222-1866
Appeal Submitted: 11:07 AM July 13, 2021
Appeal submitted for:
R7455198 - MAC MANAGEMENT EVANS LLC
3625 23RD AVE, EVANS
Legal: EVS LDGS TR 7 THE LANDINGS
Reason: Value Too High - The subject property is valued in excess of fair market value based on the
three approaches to value; cost, market and income. In addition, the property is valued in excess of
other similarly situated properties.
Estimate of Value: $2,800,000.00
Document(s) Submitted:
Account: All Accounts - Dunton CO PT 3603-3633 23rd Ave Weld County 202105-28.pdf
You have selected the following Date Preferences:
The Appeal process can take several weeks for us to complete. You will receive a written decision
on your appeal within five (5) working days of your hearing.
We thank you for your submittal.
Weld County Board of Equalization
2021-2001
ASO 109
Dunton Commercial CO
Valuation Analysis
3603-3633 23rd Ave
Retail - Retail
Schedule Numbers
R7455198
VALUE YEAR
2021
ASSESSOR'S VALUE
$3,468,773
TAXPAYER'S VALUE
$2,800,000
Steven Hlibichuk
Steven. H libichuk(a�Ryan.com
720.524.0022
11 f
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
County
Schedule Number(s)
Owner Name
Property Name
Property Type
Value Year
Date of Value
NLA (SF)
Land Area (SF)
Year of Construction
Actual Occupancy
Market Stablized Occupancy
Market Average Rate/SF
Selected Rate/SF
County Assessment
2021
Weld County
87455198
Gunton Commercial CO
3603-3633 23rd Ave
Retail - Retail
2021
June 30, 2020
20,400
117,612
2001
100%
97%
$13.00
Value
Value / SF
Land
Improvements
Total (Economic Unit)
$704,502
$2,764,271
$3,468,773
$5.99
$135.50
$170.04
Income Capitalization Approach
Taxpayer's Market Value Estimate
Taxpayer's Market Value/SF NLA
2021 MARKET VALUE SUMMARY
$2,800,000
$2,800,000
$137
2alf to
Subject Photos
* P►hotos Sourced from CoStar 05/02/2021
33 aff'
INCOME CAPITALIZATION APPROACH
3603-3633 23rd Ave
2021
PROFORMA
Potential Base Rent (Annual) (Per Attached Costar)
Gross Potential Rent
Less: Vacancy & Credit Loss
Effective Gross Income (EGI)
Less: Non Reimbursable Expenses
Replacement Reserve/SF
Net Operating Income
Overall Rate
Initial Value Indication
Less: Up Costs
Less: Deferred Maintenance
Indicated Value
Value Per Square Foot
8%
7%
$0.15
$265,200 (NNN) $13.00 Per SF
$265,200
$21,216
$243,984
$17,079
$3,060
$223,845
8.00%
$2,798,064
$0
$0
$2,800,000
$137.25
41 at TB
RENT ROLL SUMMARY
February 1, 2021
20,400 I
•
Tenant
Under 10,000 SF
Citaula Brothers
Panadaria
Professional Hair
E-Graphix
Willard P. Adams
Lendmark
Chili Thai Evans
Roma Restaurant
Pets Emergency
H & R Block
Maria BarrintosHegan
Totals
Over 10,000 SF
Totals/Average Weighted Rent/SF
Suite
3,603
3,607
3,609
3,611
3,615
3,617
3,623
3,625
3,629
3,631
3,633
w
Start Date
2/1/05
11/1/16
12/1/14
6/1/16
12/6/19
12/1/20
9/1/14
3/4/13
1/20/18
8/1/07
1/1/16
•
End Date
4/30/22
10/31/22
11/30/21
8/31/24
12/31/21
2/28/26
8/31/24
2/28/22
12/31/22
4/30/23
12/31/23
SF
Leased
2,700
1,200
1,200
1,200
2,400
1,500
2,700
2,400
2,400
1,200
1,500
Annual
Rent
Income
$44,955
$15,732
$16,620
$14,412
$30,000
$0
$50,760
$28,800
$40,488
$21,132
$21,000
Rate/SF
16.65
13.11
13.85
12.01
12.5
0
18.8
12
16.87
17.61
14
20,400 283,899 $13.92
0
0
$0.00
20,400 283,899 $13.92
Vacant Space
Total Square Feet
Occupancy
0
20,400
100%
Source: Owner Provided Rent Roll
f f
3603-3633 23rd Ave (23rdave)
Income Statement
Period = Jan 2020 -Dec 2020
Book = Cash ; Tree = do is
Period to Date
Year to Date
Page 1
40000-100
40001-000
40011-000
40999-999
410 00-00 0
41011-000
41012-000
419 99-99 9
REVENUE
Rent Revenue
Rent -Base
Total Rent Revenue
Tenant Recovery Revenue
Common Area Maintenance
Prior Year CAM - (Credit) l Owed
Total Tenant Recovery Revenue
49999-999 TOTAL REVENUE
50000-000
50001-000
51013-000
51015-000
51022-000
51031-000
51042-000
51050-500
52011-000
52016-000
53011-000
53031-000
54121-000
59999-998
59100-000
58211-000
59111-000
59199-999
59500-000
59520-110
59599-900
59999-999
60000-000
60011-000
61000-000
62043-000
67022-000
51063-000
51069-000
70501-000
70511-000
71219-999
EXPENSES
Operating Expenses
Roof - Repair & Maint
Plumbing - Repair & Maint
HVAC - Repair & Maint
Landscaping
Snow Removal
Window Washing
Utilities - Electric & Gas
Utilities - Water & Sewer
Property Tax
Property Insurance
Prop Mgmt Fees
TOTAL OPERATING EXPENSES
Direct Landlord Expense
Non -Recoverable R&M
Electric & Gas - Vacant
Total Direct Landlord Expense
Tenant Bill Back Expenses
Electric & Gas
Total Tenant Bill Back Expenses
NET OPERATING INCOME (LOSS)
NON-OPER ►TING INCOME (LOSS)
Non -Operating Revenue
Interest Earned
Total Non -Operating Revenue
Non -Operating Expenses
Landlord Expenses
Administrator Fees
Total Landlord Expenses
Professional Fees
Tax & Accounting Services
Total Professional Fees
Capital Expenditures
CAP EX -TI
CAPEX-Lease Commission
Total Capital Expenditures
Interest Expense & Finan Fees
Interest - Mortgage Payable
Total Non -Operating Expenses
280..974.45
65.77
280,974 45
65.77
280,974.45
107.868.11
38,383.82
65.77
25.25
8.98
280,974.45
107,868.11
38,383.82
65.77
25.25
8.98
146,251.93
34.23
146,251.93
34.23
427,226.38
5.503.00
400.00
495.23
2.597.00
2/65.00
676.00
2.178.34
15503.53
91 498.74
5.491.00
16..869.62
100.00
1.29
0.09
0.12
0.61
0.65
0.16
0.51
3.63
21.42
1.29
3.95
427,226.38
5,503.00
400.00
495.23
2,597.00
2,765.00
676.00
2,178.34
15, 503.53
91,498.74
5,491.00
16, 869.62
100.00
1.29
0.09
0.12
0.61
0.65
0.16
0.51
3.63
21.42
1.29
3.95
143,977.46
749.00
1.793.89
33.70
0.18
0.42
143,977.46
749.00
1,793.89
33.70
0.18
0.42
2,542.89
57.15
0.60
0.01
2,542.89
57 15
0.60
0.01
57.15
0.01
57.15
0.01
280,648.88
300.00
65.69
0.07
280,648.88
300.00
65.69
0.07
300.00
250.00
0.07
0.06
300.00
250.00
0.07
0.06
250.00
450.00
0.06
0.11
250.00
450.00
0.06
0.11
450.00
5.052.45
1.770.97
0.11
1.18
0.41
450.00
5,052.45
1,770.97
0.11
1.18
0.41
6,823.42
76.587.25
1.60
17.93
6,823.42
76,587.25
1.60
17.93
84,110.67
19.69
84,110.67
19.69
aft
Tuesday, March 30, 2021
04:23 PM
3603-3633 23rd Ave (23rdave)
Income Statement
Period = Jan 2020 -Dec 2020
Book = Cash ; Tree = do is
79999-990 TOTAL NON -OP INCOME (LOSS)
40012-O00 Prepaid Rent
89999-999 NET INCOME (LOSS)
Period to Date
Year to Date
Page 2
aka
-83,810.67
-61.39
-19.62
-0.01
-83,810.67
-61.39
-19.62
-0.01
196,776.82
46.06
196,7'6.82
46.06
off 12833
Tuesday, March 30, 2021
04:23 PM
FOR PROPERTY TAX REPRESENTATION
,TION
Mac Management Evans LLC
Property Owner
R7455198 And $625 23rd AVe
Subject Property
Weld County, CO
Jurisdiction and State
2O 1/2022.
Year
This letter authorizes Ryan, LLC andits affiliate, Ryan Tax Compliance Services, LLC to represent
the above -named property as its property tax agent in the jurisdiction and state named above. This
authorization includes but is not limited to: filing property renditions or returns; signing and filing
appeals; examining property tax records; and, appearances before the assessor, boards of
equalization or review, or other governmental agencies responsible for the assessment of props
If there are any questions concerning this authorization, please contact the following:
Steven Eilibichuic (303) 222-1866, Stevenellibichuk@ryan.conn
A copy of any application or appeal attached to this authorization has been provided to the
undersigned property owner. A facsimile or scanned image of a signature below shall constitute an
original signing of this authorization and the document containing the original signature will be
submitted upon request.
This authorization shall remain effective as long as permitted by law or until revoked in writing by the
owner. The person signing below certifies that they are a duly appointed officer, representative or
agent of the owner and that they have the legal capacity to execute this authorization.
Property Owner:
Title
Signature
Printed Name
Sworn and subscribed before me this day of yela'
Dunton Commercial
3603-3633 23rd Ave
i
Date
CI 72021.
4
a.r ` Public
COM rnissio
71.711E GOB Y a
NOTARY ?UBUUC
STATE OF COLORADO
NOTARY in X019- .7895
COMISSIoN EXPIRATION DATE 05/100023
g73
Page &b6fl 86
July 15, 2021
Petitioner:
MAC MANAGEMENT EVANS LLC
5570 DTC PKWY STE 150
GREENWOOD VILLAGE, CO 80111-
3189
CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBSITE: www.weldqov.com
1150 O STREET
P.O. BOX 758
GREELEY CO 80632
Agent (if applicable):
RYAN LLC
STEVEN HLIBICHUK
1999 BROADWAY STE 4100
DENVER, CO 80202-5719
RE: THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO
NOTIFICATION OF HEARING SCHEDULED
Docket 2021-2001, AS0109 Appeal 2008230167 Hearing 8/3/2021 8:30 AM
Account(s) Appealed:
R7455198
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
Esther E. Gesick
Clerk to the Board
Weld County Board of Commissioners
and Board of Equalization
cc: Brenda Dones, Assessor
July 15, 2021
Agent:
RYAN LLC
STEVEN HLIBICHUK
1999 BROADWAY STE 4100
DENVER, CO 80202-5719
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
Petitioner:
MAC MANAGEMENT EVANS
LLC
5570 DTC PKWY STE 150
GREENWOOD VILLAGE, CO
80111-3189
RE: THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO
NOTIFICATION OF HEARING SCHEDULED
Docket 2021-2001, AS0109 Appeal 2008230167 Hearing 8/3/2021 8:30 AM
Account(s) Appealed:
R7455198
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:
MAC MANAGEMENT EVANS LLC
5570 DTC PKWY STE 150
GREENWOOD VILLAGE, CO 80111-3189
CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBSITE: www.weldgov.com
1150 O STREET
P.O. BOX 758
GREELEY CO 80632
Agent (if applicable):
RYAN LLC
STEVEN HLIBICHUK
1999 BROADWAY STE 4100
DENVER, CO 80202-5719
RE: THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket 2021-2001 Appeal 2008230167 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
R7455198 Stipulated - Approved
Stipulated Value
$3,468,773 $3,301,157
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:
RYAN LLC
STEVEN HLIBICHUK
1999 BROADWAY STE 4100
DENVER, CO 80202-5719
CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBSITE: www.weldgov.com
1150 O STREET
P.O. BOX 758
GREELEY CO 80632
Petitioner:
MAC MANAGEMENT EVANS LLC
5570 DTC PKWY STE 150
GREENWOOD VILLAGE, CO 80111-3189
RE: THE BOARD OF EQUALIZATION 2021, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket 2021-2001 Appeal 2008230167 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
R7455198 Stipulated - Approved
Stipulated Value
$3,468,773 $3,301,157
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
edz, „d r,e4,c„,
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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