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HomeMy WebLinkAbout20202797.tiffCOUNTY BOARD OF EQUALIZATION WELD COUNTY Single County Schedule Number P0905324 STIPULATION (As To Tax Year 2020 Actual Value) RE PETITION OF : NAME: VESTAS BLADES AMERICA INC ADDRESS: 11140 EASTMAN PARK DR WINDSOR CO 80550-3397 Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation regarding the tax year 2020 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: Machinery and equipment located at Vestas Blades facility at 1500 E Crown Prince Blvd Brighton CO. 2. The subject property is classified as personal property. 3. The County Assessor originally assigned the following actual value to the subject property for the tax year 2020 : Total $51,761,275 4. After further review and negotiation, Petitioner (s) and Weld County Assessor agree to the following tax year 2020 actual value for the subject property: Total $44,370,780 5. The valuation, as established above, shall be binding only with respect to tax year 2020 . 6. Brief narrative as to why the reduction was made: A duplicate assets was removed and the life of an asset was adjusted to a more appropriate 3 year life. 7. Both parties agree that: The hearing scheduled before the Board of Equalization on 9/28/2020 at 1:30PM be vacated. nA hearing has not yet been scheduled before the Board of Equalization. 1 aoo>O-a�q7 ASo i oG' DATED this 16th Sarb ra LaGIBY, )14,0n1" Barbara i.ageT Agen,!Sep 16,2 17,3E DT Petitioner(s) or Agent or Attorney day of September , 2020 . Address: 16220 N Scottsdale Rd Suite 600 Scottsdale, AZ 85254 Telephone: 3039578622 Docket Number P0905324 Stip-l.Frm (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 Assessor Address: 1400 N.17th Avenue Greeley, CO 80631 Telephone: (970) 400-3650 2 P0905324/VESTAS BLADES AMERIC INC BRIGHTON Final Audit Report 2020-09-17 Created; 2020-09-16 By: Sean McElroy (smcelroy@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAAZiL6gtcuNDDZB-brg6JRoBI-NBrpBzFM "P0905324/VESTAS BLADES AMERICA INC BRIGHTON" Histo rY t Document created by Sean McElroy (smcelroy@co.weld.co.us) 2020-09-16 - 9:56:59 PM GMT- IP address: 204.133.39.9 Document emailed to Sean McElroy (smcelroy@co.weld.co.us) for approval 2020-09-16 - 9:57:00 PM GMT Ay Document approved by Sean McElroy (smcelroy@co.weld.co.us) Approval Date: 2020-09-16 - 10:02:00 PM GMT - Time Source: server- IP address: 204.133.39.9 Document emailed to Sean McElroy (smcelroy@weldgov.com) for approval 2020-09-16 - 10:02:01 PM GMT Email viewed by Sean McElroy (smcelroy@weldgov.com) 2020-09-16 - 10:03:00 PM GMT- IP address: 204.133.39.9 Document approved by Sean McElroy (smcelroy@weldgov.com) Approval Date: 2020-09-16 - 10:03:37 PM GMT - Time Source: server- IP address: 204.133.39.9 Document emailed to Brenda Dones (appeals@weldgov.com) for signature 2020-09-16 - 10:03:39 PM GMT Email viewed by Brenda Dones (appeals@weldgov.com) 2020-09-16 - 10:13:18 PM GMT- IP address: 204.133.39.9 C6 Document e -signed by Brenda Dones (appeals@weldgov.com) Signature Date: 2020-09-16 - 10:14:28 PM GMT - Time Source: server- IP address: 204.133.39.9 Document emailed to Barbara Lager, Agent (barbara.lager@ryan.com) for signature 2020-09-16 - 10:14:30 PM GMT Adobe Sign Email viewed by Barbara Lager, Agent (barbara.lager@ryan.com) 2020-09-16 - 11:29:07 PM GMT- IP address: 170.176.247.29 Az, Document e -signed by Barbara Lager, Agent (barbara.lager@ryan.com) Signature Date: 2020-09-16 - 11:35:13 PM GMT - Time Source: server- IP address: 170.176.247.29 Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature 2020-09-16 - 11:35:15 PM GMT t Email viewed by Karin McDougal (weld-cboe@weldgov.com) 2020-09-17 - 3:40:32 PM GMT- IP address: 204.133.39.9 Document e -signed by Karin McDougal (weld-cboe@weldgov.com) Signature Date: 2020-09-17 - 3:40:51 PM GMT - Time Source: server- IP address: 204.133.39.9 Agreement completed. 2020-09-17 - 3:40:51 PM GMT Adobe Sign NOTICE OF DETERMINATION RECEIVED Brenda Dones Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 ACCOUNT NO. N./%0111IIVuI TAX YEAR ....I%.I. TAX AREA 1....1 -11.) LEGAL DESCRIPTION? PHYSICAL LOCATION P0905324 2020 5319 PT NW4 29-01-66 1500 E CROWN PRINCE BLVD BRIGHTON , CO VESTAS BLADES AMERICA INC VESTAS BLADES AMERICA INC 11140 EASTMAN PARK DR WINDSOR, CO 80550-3397 PROPERTY C TIiON ASSESSOR'S VALUATION ACTUILL. VALUE PRIOR TO REVIEW ACTUAL VALUE AFTER MEW, PERSONAL PROPERTY 54,415,415 51,761,275 TOTAL 54,415,415 51,761,275 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: SEP 1 1 2020 WELD COUNTY Date of Notice: 09/02/2020 Telephone: (970) 400-3650 Fax: (970) 304-6433 Office Hours: 8:00AM — 5:00PM PP07 - Your personal property account has been adjusted for 2020. 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 personal property appeals is September 14. 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): RYAN LLC 5780 FLEET ST STE 300 CARLSBAD, CA 92008-4714 15 -OPT -AR ARL VOL 2 1-84 Rev 01-16 2020-2797 ASO(OCo ature APPEAL PROCEDURES County Board of Equalization Hearings will be held on September 28th 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/aapsi/cboe/ To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before September 14 for personal 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 October 6, § 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 November 6, § 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.00v/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.) $ 47.889.223 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.) ATTESTATION I undersigned own : , r agent' of the property identified above, affirm that the statements contained herein n an4r attachments he eto are true and complete. 303.957.8622 9/8/2020 barbara.lager@ryan.com Email Address Telephone Number Date ' Attach letter of authorization signed by property owner. 15 -OPT -AR ARL VOL 2 1-84 Rev 01-16 m). Fifiillfil iiMagtfYe Soirtialn ro ir+x+ir12 Problems. SENT VIA CERTIFIED MAIL - 9214 7969 0099 9790 1635 0872 68 RETURN RECEIPT REOUESTED September 8, 2020 Weld County Board of Equalization 1150 O Street PO Box 758 Greeley, CO 80631 Re: Vestas Blades America, Inc. 2020 Notice of Determination Appeal Account: P0905324 To Whom It May Concern. MAX at Kierland 16220 North Scottsdale Road Suite 650 Scottsdale, AZ 85254 Tel, 602.955.1792 Fax 602.955.4892 www.ryan.com On behalf of the property owner, attached is the Notice of Determination Appeal for the referenced account. If you have any questions or need any additional information, please contact Barbara Lager at 303.957.8622 or via email at barbara.lagerla,ryan.com. Thank you for your assistance. Respectfully Submitted, Q Barbara Lager Director - Ryan, LLC Ryan) ove foToxtngProblems. STATEMENT OF AGENCY Vestas Blades America, Inc. Vestas Nacelles America, Inc. 5780 Fleet Street Suite 300 Cadabad, CA 92008 Tel. 442.244.2422 Fax 442.244.2423 www.ryan.com Hereby appoints Ryan, LLC as agent for the purpose of filing real estate and personal property statements, renditions, returns and/or assessment appeals, applications or petitions for review of valuation with all counties, appraisal districts and/or Assessment Appeal Boards, Boards of Review, or Boards of Equalization, appearing on our behalf before said Boards, examining any records, and discussing with the appropriate governmental authority the assessment of the property located at the following address: All property located in Weld County, Colorado This property being owned by the undersigned incorporated in the State of Colorado. This agency shall remain in effect for the 2019 and 2020 assessment years. Print Name Signature • Title Date aIv a, Notary Pub � State of 64:710 r(e.tc County of We (el My commission expires 9 I! , 20 / / . Subscribed d sworn to before me this II ldav of / Ul a/} e k , 20 I, /�Jr tc MICHELLE BYDALEK NOTARY PUBLIC STATE OF COLORADO NOTARY ID Y 10914002719 NY COMMISSION EXPIRES SEPTEMOEI Ii, 2019 i September 11, 2020 Petitioner: VESTAS BLADES AMERICA INC 11140 EASTMAN PARK DR WINDSOR, CO 80550-3397 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBS ITE: www.weldgov.com 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Agent (if applicable): RYAN LLC BARBARA LAGER 5780 FLEET ST STE 300 CARLSBAD, CA 92008-4714 RE: THE BOARD OF EQUALIZATION 2020, WELD COUNTY, COLORADO NOTIFICATION OF HEARING SCHEDULED Docket 2020-2797, AS0106 Appeal 2008226701 Hearing 9/28/2020 1:30 PM Account(s) Appealed: P0905324 Dear Petitioner(s): The Weld County Board of Equalization has set a date of September 28, 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 LPLIs./o:yf G'i. Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Dones, Assessor September 11, 2020 Agent: RYAN LLC BARBARA LAGER 5780 FLEET ST STE 300 CARLSBAD, CA 92008-4714 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: VESTAS BLADES AMERICA INC 11140 EASTMAN PARK DR WINDSOR, CO 80550-3397 RE: THE BOARD OF EQUALIZATION 2020, WELD COUNTY, COLORADO NOTIFICATION OF HEARING SCHEDULED Docket 2020-2797, AS0106 Appeal 2008226701 Hearing 9/28/2020 1:30 PM Account(s) Appealed: P0905324 Dear Petitioner(s): The Weld County Board of Equalization has set a date of September 28, 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 September 28, 2020 Petitioner: VESTAS BLADES AMERICA INC 11140 EASTMAN PARK DR WINDSOR, CO 80550-3397 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 BARBARA LAGER 5780 FLEET ST STE 300 CARLSBAD, CA 92008-4714 RE: THE BOARD OF EQUALIZATION 2020, WELD COUNTY, COLORADO NOTICE OF DECISION Docket 2020-2797 Appeal 2008226701 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 P0905324 Stipulated - Approved Stipulated Value $51,761,275 $44,370,780 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 Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Dones, Weld County Assessor September 28, 2020 Agent: RYAN LLC BARBARA LAGER 5780 FLEET ST STE 300 CARLSBAD, CA 92008-4714 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 VESTAS BLADES AMERICA INC 11140 EASTMAN PARK DR WINDSOR, CO 80550-3397 RE: THE BOARD OF EQUALIZATION 2020, WELD COUNTY, COLORADO NOTICE OF DECISION Docket 2020-2797 Appeal 2008226701 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 P0905324 Stipulated - Approved Stipulated Value $51,761,275 $44,370,780 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 Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Dones, Weld County Assessor Hello