Loading...
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 2021-07-22 - 5:11:32 PM GMT 4 Document approved by TIM REDDICK (treddick@co.weld.co.us) Approval Date: 2021-07-22 - 5:14:45 PM GMT - Time Source: server- IP address: 204.133.39.9 El Document emailed to Jason Marini (jmarini@co.weld.co.us) for approval 2021-07-22 - 5:14:48 PM GMT Th Email viewed by Jason Marini (jmarini@co.weld.co.us) 2021-07-22 - 5:22:14 PM GMT- IP address: 204.133.39.9 coo, Document approved by Jason Marini (jmarini@co.weld.co.us) Approval Date: 2021-07-22 - 5:24:36 PM GMT - Time Source: server- IP address: 204.133.39.9 El. Document emailed to Jason Marini (appeals@weldgov.com) for signature 2021-07-22 - 5:24:39 PM GMT Email viewed by Jason Marini (appeals@weldgov.com) 2021-07-22 - 5:31:08 PM GMT- IP address: 204.133.39.9 Oao Document e -signed by Jason Marini (appeals@weldgov.com) Signature Date: 2021-07-22 - 5:31:27 PM GMT - Time Source: server- IP address: 204.133.39.9 Ill. Document emailed to Steven Hlibichuk (steven.hlibichuk@ryan.com) for signature 2021-07-22 - 5:31:28 PM GMT POWERED BY Adobe Sign i Email viewed by Steven Hlibichuk (steven.hlibichuk@ryan.com) 2021-07-22 - 5:32:46 PM GMT- IP address: 165.225.10.254 Document e -signed by Steven Hlibichuk (steven.hlibichuk@ryan.com) Signature Date: 2021-07-22 - 5:33:31 PM GMT - Time Source: server- IP address: 165.225.10.254 * Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature 2021-07-22 - 5:33:32 PM GMT '2) Email viewed by Karin McDougal (weld-cboe@weldgov.com) 2021-07-22 - 6:31:00 PM GMT- IP address: 204.133.39.9 Document e -signed by Karin McDougal (weld-cboe@weldgov.com) Signature Date: 2021-07-22 - 6:31:14 PM GMT - Time Source: server- IP address: 204.133.39.9 Agreement completed. 2021-07-22 - 6:31:14 PM GMT 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 Hello