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Home My WebLink About20202157.tiffChloe Rempel From: Sent: To: Cc: Subject: Jason Letman <jletman@consultus.biz> Tuesday, July 28, 2020 10:17 AM Chloe Rempel CTB-County Board of Equalization Re: Weld County Board of Equalization Hearing Scheduled for Account No. R2133203 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. I have spoken with Wade at the assessor's office. I would like to request an administrative denial for this property and vacate the hearing. Let me know if you have any questions. Best, Jason On Thu, Jul 16, 2020 at 4:54 PM Chloe Rempel <crempel@weldgov.com>wrote: Good afternoon, The Weld County Board of Equalization has set a date of August 3, 2020, at or about the hour of 1:30 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. Please see the attached letter for further information (hard -copy to follow). Sincere regards, Chloe A. Rempel Deputy Clerk to the Board Supervisor Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 1 OOa©-a (57 Aksoioco 1 j.cA - Lk e - I COMMERCIAL Brenda Dones Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 NOTICE OF DETERMINATION RECEIVED JUL 1'6 2020 WELD COUNTY COMMISSIONERS Date of Notice: 6/26/2020 Telephone: (970) 400-3650 Fax: (970) 304-6433 Office Hours: 8:00AM — 5:00PM ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTION/ PHYSICAL LOCATION R2133203 2020 0683 CFT DEVELOPMENTS LLC 1683 WALNUT GROVE AVE ROSEMEAD, CA 91770-3711 GR CP L5 CENTERPLACE 4542 CENTERPLACE DR GREELEY SSESSOR'S IAT ACTUAL VALUE PRIOR TO' • REVIEW 1,313,550 'ALUE AFTE • 1,313,550 TOTAL 1,313, 550 1,313,550 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: CM06 - The Assessor staff has requested additional information to properly review your property's value. Because we have not received this information, we have no choice but to deny any adjustments. If you disagree with the Assessor's decision, you have the right to appeal to the County Board of Equalization for further consideration, § 39-8-106(1)(a), C.R.S. The deadline for filing real property appeals is July 15. The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that you attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the local taxing authorities. Please refer to the reverse side of this notice for additional information. Agent (If Applicable): CONSULTUS ASSET VALUATION INC 68 INVERNESS LANE EAST SUITE io3 ENGLEWOOD, CO 80112 15-DPT-AR PR 207-08/13 R2133203 2020-2157 A 1 Ofo APPEAL; PROCEDURES County Board of Equalization Hearings will be held from July 27th through August 3' 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.qov/baa telephone number. Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. PETITION TO COUNTY BOARD OF EQUALIZATION', What is your estimate of the property's value as of June 30, 2018? (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.) $ 950, ocv What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) Assessor's value does not reflect market. ATTESTATION I, the undersigned owner or agent' of the property identified above, affirm that the statements contained herein and on any attachments hereto are true and complete. Signature jletman@consultus.biz 303-770-2420 Telephone Number Email Address 1 Attach letter of authorization signed by property owner. 7/14/2020 Date 15-DPT-AR PR 207-08/13 R2133203 APPOINTMENT OF AGENT (2( (36.10 DATE TO WHOM IT MAY CONCERN: AGENT: Consultus Asset Valuation, Inc. 68 Inverness Place East #103 Englewood, CO 80112 Fax: (303) 770-2430 Phone: (303) 770-2420 Consultus Asset Valuation, Inc. is authorized to represent Panda Express Inc./Panda Restaurant Group Inc. in property tax valuation matters for the years 2019 through 2020. Please contact Consultus regarding all property tax issues. The properties are indicated below COUNTY SCHEDULE NO. ADDRESS Arapahoe 1973-02-1-22-002 11688 E. Colfax Ave. Boulder R0510741 589 S. Hover St. Denver 9112-00-077 7850 W. Quincy Ave. Jefferson 435167 8481 Church Ranch Blvd. Larimer 1605334 1385 N. Denver Ave. Weld R2133203 4542 Centerplace Dr. (Signature) Printed The Date f1 erv) Juz Lz ti Fr -7t r✓c -9' , J. Doe o 1 Company Name Phone No. Panda Express Inc./Panda Restaurant Group Inc. sr Subscribed and sworn before me this 2I day of Mat My commission expires WWI rcL1 4, Dp2.2_ Notary Public PNDA-AR-001, -BO-002, -DE-001, -JE-001, -LA-002, -WE-001 20212. CET [524] GREELEY, CO GROUND LEASE THIS LEASE ("Lease") dated as of January 1ST, 2006 between CFT Developments, LLC ("Landlord") and PANDA EXPRESS, INC., a California corporation ("Tenant"). 1. LEASE. Upon and subject to the terms of this Lease, Landlord does hereby lease to Tenant, and Tenant does hereby lease from Landlord the Property (hereinafter defined) for and during the Term (hereinafter defined). 2. DESCRIPTION OF PROPERTY. The property covered by this Lease shall be: Panda Express #1276 4542 CENTERPLACE DRIVE GREELEY, CO 80634 together with (a) all rights, easements and appurtenances belonging or appertaining thereto, including, without limitation, easements for access and utilities contained in the Covenants (hereinafter defined), (b) all right, title and interest of Landlord in and to any and all roads, streets, alleys and ways, bounding such property and (c) all buildings and other improvements thereon, if any (collectively,' the "Property"), but subject to all existing Covenants of record. 3. INITIAL TERM. The Initial Term of the Lease is twenty (20) years ("Term"). The Initial Tenn shall commence on the date (the "Commencement Date") Tenant opens its business on the Property to the public. Upon expiration or earlier termination of this Lease, Landlord may prepare and deliver to Tenant, and Tenant shall sign, a notice of termination of lease in recordable form that Landlord may record at Landlord's expense. Once the Commencement Date is established, Landlord and Tenant shall execute a written Statement of Commencement of Lease Term Agreement in recordable form so as to establish the Commencement Date of record. 4. EXTENSIONS. Provided no default by Tenant shall have occurred and be continuing beyond any notice or grace period on the Commencement Date of any such Extension, Tenant shall have the option of extending the Term for four (4) additional periods of five (5) years each ("Extension(s)"), commencing at midnight on the date on which the Term or any Extension expires. Tenant shall give Landlord written notice, not later than ninety (90) days prior to the expiration of the Term or then current Extension, of Tenant's intent to extend the Lease for the next succeeding Extension. Tenant shall not lose any right to exercise any of its options to extend the Term for failure to timely exercise such option until Tenant has first received ten (10) days prior written notice from Landlord of the same and Tenant has failed to exercise the applicable option within this additional ten-day period. 1 the Property. Nothing herein contained shall require Tenant to pay corporation, franchise, income, estate, gift and inheritance taxes or charges imposed on rent or other similar taxes, charges or impositions which may be levied or assessed against Landlord, fee owner, or their successor in title. If, for Real Estate Tax purposes, thg Property is assessed as part of a larger tract of land, Landlord shall use its best efforts to cause the Property to be separately assessed and taxed. If Landlord cannot cause the Property to be separately assessed and taxed, such assessments and taxes shall be equitably allocated, among the Property and any other property included within the tax parcel. Landlord shall forward to Tenant promptly upon receipt tax statements, and if the Property is being assessed as part of a larger tract of land, such statements shall be accompanied by a reasonably detailed computation of the amount payable by Tenant. In the event Tenant fails to pay the Real Estate Taxes within the time provided, Landlord may, after fifteen (15) days written notice, pay the same, in which event Tenant shall remain liable to and obligated to repay Landlord the amount so advanced together with interest thereon at the rate of ten percent (10%) per annum. In the event any Real Estate Taxes may be payable in installments, Tenant shall have the right to pay the same as such installments fall due. Tenant shall pay all penalties and interest incurred as a result of a delinquent payment of taxes by Tenant. Real Estate Taxes for the year in which the Term shall begin and the year in which the Lease shall terminate shall be prorated so that Tenant shall pay only those portions thereof which correspond with the portion of said years as are within the Term, as may have been extended. Tenant shall have the right, at its own cost and expense, to initiate and prosecute any proceedings permitted by law for the purpose of obtaining an abatement of or otherwise contesting the validity or amount of Real Estate Taxes assessed or levied upon the Property and the building and/or other improvements constructed on the Property by Tenant. If required by law, Tenant may take such action in the name of Landlord who shall cooperate with Tenant to such extent as Tenant may reasonably require, provided, however, that Tenant shall fully indemnify, defend and save Landlord Indemnified Parties harmless from all claims, liabilities, obligations, loss, cost, damage and expense, including, without limitation, penalties and interest, incurred by or to be incurred by Landlord as a result thereof, and further provided Tenant shall, at Landlord's request, escrow or post a bond for the full amount of the Real Estate Taxes claimed pending such proceedings. Notwithstanding the foregoing, Tenant shall only be responsible for any annual increases in real estate taxes resulting from the first occurrence of a sale or transfer during the life of this Lease. 13. INSURANCE. Tenant shall protect, indemnify, defend and save harmless Landlord from and against any and all claims, liabilities, obligations, damages, costs and expenses, including attorneys' fees and expenses, arising out of Tenant's particular use and, incurred in connection with or resulting from any act or occurrence, in, on, or about the Property or Tenant's failure to perform its obligations under this Lease, except to the extent caused by Landlord's failure to discharge its obligations under this Lease or the gross negligence, omissions or willful misconduct of Landlord Parties. Tenant shall maintain property insurance with endorsements for all perils covering all improvements on the Property in an amount not less than 90% of the replacement value thereof. Tenant shall maintain commercial general liability insurance against claims for personal injury, death and property damage occurring on the Property in amounts not less than $1,000,000 per occurrence and $2,000,000 in the aggregate during the first five (5) 4 IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above written. TENANT: PANDA EXPRESS, INC., a California corporation Peggy T. Cherng, Co -Chair LANDLORD: CFT Developments, LLC Peggy Tsiang Cherng, Manager Exhibit B Memorandum of Lease Page B-2 r 11111111114311Z14 111i CONSULTUS ASSET VALUATION, INC. 68 Inverness Lane East Suit ro3 Suite Englewood, CO 80112 i 7018 0360 0000 1051 69914 Weld County BOE 1150 O Street, P.O. Box 758 Greeley, CO 80631 :'s � 3 S .ii... ; CPU ,wit U.S. POSTAGE._ L FCMF X1023 Orlg: 80112 W 07/14/20 C 2000052008 0 July 16, 2020 Petitioner: CFT DEVELOPMENTS LLC 1683 WALNUT GROVE AVE ROSEMEAD, CA 91770-3711 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.weldqov.com 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Agent (if applicable): CONSULTUS ASSET VALUATION INC 68 INVERNESS LANE EAST SUITE 205 ENGLEWOOD, CO 80112 RE: THE BOARD OF EQUALIZATION 2020, WELD COUNTY, COLORADO NOTIFICATION OF HEARING SCHEDULED Docket 2020-2157, AS0106 Appeal 2008226259 Hearing 8/3/2020 1:30 PM Account(s) Appealed: R2133203 Dear Petitioner(s): The Weld County Board of Equalization has set a date of August 3, 2020, at or about the hour of 1:30 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, 2020, 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 July 16, 2020 Agent: Petitioner: CONSULTUS ASSET VALUATION INC 68 INVERNESS LANE EAST SUITE 205 ENGLEWOOD, CO 80112 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.weldciov.com 1150 O STREET P.O. BOX 758 GREELEY CO 80632 CFT DEVELOPMENTS LLC 1683 WALNUT GROVE AVE ROSEMEAD, CA 91770-3711 RE: THE BOARD OF EQUALIZATION 2020, WELD COUNTY, COLORADO NOTIFICATION OF HEARING SCHEDULED Docket 2020-2157, AS0106 Appeal 2008226259 Hearing 8/3/2020 1:30 PM Account(s) Appealed: R2133203 Dear Petitioner(s): The Weld County Board of Equalization has set a date of August 3, 2020, at or about the hour of 1:30 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, 2020, 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 tt `C1P�fG'C- Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Dones, Assessor August 3, 2020 Petitioner: CFT DEVELOPMENTS LLC 1683 WALNUT GROVE AVE ROSEMEAD, CA 91770-3711 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.weldgov.com 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Agent (if applicable): CONSULTUS ASSET VALUATION INC 68 INVERNESS LANE EAST SUITE 205 ENGLEWOOD, CO 80112 RE: THE BOARD OF EQUALIZATION 2020, WELD COUNTY, COLORADO NOTICE OF DECISION Docket 2020-2157 Appeal 2008226259 Hearing 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 2020. Account # Decision The Assessment and valuation is set as follows: Actual Value as Actual Value as Set by Determined by Assessor Board R2133203 Deny - Administrative Deny $1,313,550 $1,313,550 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, 2020, MUST comply with the following provisions of C.R.S. §39-8-107(5): (5)(a)(I) On and after August 10, 2020, 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 subparagraph (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) All of the underlying data used by the county in calculating the value of the subject property that is being appealed, including the capitalization rate for such property; and (B) The names of any commercially available and copyrighted publications used in calculating the value of the subject property. (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 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 LeL� i!"lv:yfG C. Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Dones, Weld County Assessor August 3, 2020 Agent: CONSULTUS ASSET VALUATION INC 68 INVERNESS LANE EAST SUITE 205 ENGLEWOOD, CO 80112 Petitioner: CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.weldgov.com 1150 O STREET P.O. BOX 758 GREELEY CO 80632 CFT DEVELOPMENTS LLC 1683 WALNUT GROVE AVE ROSEMEAD, CA 91770-3711 RE: THE BOARD OF EQUALIZATION 2020, WELD COUNTY, COLORADO NOTICE OF DECISION Docket 2020-2157 Appeal 2008226259 Hearing Dear Petitioner: On the day indicated above, the Board of County Commissioners of Weld County Colorado convened and acting as the Board of Equalization, pursuant to C.R.S. §39-8-101et seq., considered petition for appeal of the Weld County Assessor's valuation of your property described above, for the year 2020. Account # Decision The Assessment and valuation is set as follows: Actual Value as Actual Value as Set by Determined by Assessor Board R2133203 Deny - Administrative Deny $1,313,550 $1,313,550 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, 2020, MUST comply with the following provisions of C.R.S. §39-8-107(5): (5)(a)(I) On and after August 10, 2020, 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 subparagraph (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) All of the underlying data used by the county in calculating the value of the subject property that is being appealed, including the capitalization rate for such property; and (B) The names of any commercially available and copyrighted publications used in calculating the value of the subject property. (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 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 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 LeL� i!"lv:yfG C. Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Dones, Weld County Assessor Hello