HomeMy WebLinkAbout20193084.tiffAugust 6, 2019
Petitioner:
SUN EAGLE CREST LLC
27777 FRANKLIN RD STE 200
SOUTHFIELD, MI 48034-8205
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):
CHRIS D BRITT
PO BOX 1255
GAINESVILLE, GA 30503-1255
RE: THE BOARD OF EQUALIZATION 2019, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket 2019-3084 Appeal 2008224763 Hearing 8/5/2019
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 2019.
Account # Decision
The Assessment and valuation is set as follows:
Actual Value as Actual Value as Set by
Determined by Assessor Board
R3134504 Deny - Administrative Deny
$21,274,900 $21,274,900
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, 2019, MUST comply with the
following provisions of C.R.S. §39-8-107(5):
(5)(a)(I) On and after August 10, 2019, 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
August 6, 2019
Agent:
CHRIS D BRITT
PO BOX 1255
GAINESVILLE, GA 30503-1255
Petitioner:
CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBS ITE: www.weldqov.com
1150 O STREET
P.O. BOX 758
GREELEY CO 80632
SUN EAGLE CREST LLC
27777 FRANKLIN RD STE 200
SOUTHFIELD, MI 48034-8205
RE: THE BOARD OF EQUALIZATION 2019, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket 2019-3084 Appeal 2008224763 Hearing 8/5/2019
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 2019.
Account # Decision
The Assessment and valuation is set as follows:
Actual Value as Actual Value as Set by
Determined by Assessor Board
R3134504 Deny - Administrative Deny
$21,274,900 $21,274,900
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, 2019, MUST comply with the
following provisions of C.R.S. §39-8-107(5):
(5)(a)(I) On and after August 10, 2019, 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
Esther Gesick 7/24, 3:ao- 4: 3o
From:
Sent:
To:
Cc:
Subject:
Chris Britt <cbritt@therealtygroupusa.com>
Tuesday, July 23, 2019 10:38 AM
Esther Gesick
Duane Robson
Administrative Denial Request for R3134504 and R7907599
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.
Hello Ester,
Great speaking with you this morning!
As discussed, we are requesting an Administrative Denial for the two properties listed in the "Subject"
line. For more clarification, below is the information for both properties:
Owner: Sun Eagle Crest, LIc
Address: 4700 Eagle Crest Boulevard
Account: R3134504
Owner: Trident Cave Creek, LIc
Address: 3400 Sagebrush Boulevard
Account: R7907599
Also, I have carbon -copied the County Appraiser, Duane Robson, whom we have been speaking with regarding
the two Accounts. If you have any questions, please call or email and we will gladly respond.
Thankfully,
C1'wriik D. Britt
THE REALTY GROUP
770.983.1002 ^' direct
404.509.3333 mobile
1
at' - 3089
A50 t03
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: Chris Britt
Contact Email: CBritt@TheRealtyGroupUSA.com
Contact Phone: 770-983-1002
Appeal Submitted: 07:54 AM July 15, 2019
Appeal submitted for:
R3134504 - SUN EAGLE CREST LLC
4700 EAGLE CREST BLVD, FIRESTONE
Legal: L 1 EAGLE CREST MINOR
Reason: Value Too High - Based on the comparable and uniformity data, we believe the assessed
value should be reduced to reflect Fair Market Value.
Estimate of Value: $16,750,000.00
Document(s) Submitted:
Account: All Accounts - Sun Communities - Letter of Authorization.pdf
Account: R3134504 - R3134504 _INITIAL PROTEST.pdf
You have selected the following Date Preferences:
Friday, July 26, 2019, from 9:00 a.m. to 12:00 p.m.
Friday, July 26, 2019, from 1:30 p.m. to 4:30 p.m.
Tuesday, July 30, 2019, from 1:30 p.m. to 4:30 p.m.
Thursday, August 1, 2019, from 9:00 a.m. to 12:00 p.m.
Thursday, August 1, 2019, from 1:30 p.m. to 3:30 p.m.
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
2019-3084
ASb/D3
Thank you for submitting an appeal to the Weld County Assessor's Office. We will review the
information submitted and if we have questions we will contact you at one of the following:
Contact Information:
Contact Name: Chris Britt
Contact Email: CBritt@TheRealtyGroupUSA.com
Contact Phone: 770-983-1002
Appeal Submitted: 11:57 AM June 01, 2019
Appeal submitted for:
R31345O4 - SUN EAGLE CREST LLC
4700 EAGLE CREST BLVD, FIRESTONE
Legal: Li EAGLE CREST MINOR
Reason: Value Too High - Based on the comparable and uniformity data, we believe the assessed
value should be reduced to reflect Fair Market Value.
Estimate of Value: $16,750,000.00
Document(s) Submitted:
Account: All Accounts - Sun Communities - Letter of Authorization.pdf
The Appeal process can take several weeks for us to complete. We will mail a decision on your
appeal by June 30th for real property and by July 10th for business personal property and/or oil and
gas.
We thank you for your submittal.
Weld County Assessor's Office
(970) 400-3650
THE REALTY GROUP
RE: Letter of Authorization
For Tax Year 2019
This authorization letter will serve to introduce the firm of The Realty Group, who are authorized to represent
us concerning Ad Valorem Taxes on real and personal property.
The Realty Group is authorized to investigate appraisals and assessments of our properties, to appeal property
values and taxes, to represent us before administrative boards or agencies, to represent our interest before
courts of competent jurisdiction. The Realty Group is authorized to act as our agent with those
aforementioned rights on the properties owned or controlled by us.
The rights, powers, and authorization of The Realty Group herein granted shall commence upon the
execution of this letter of authorization and shall remain in force and effect thereafter until written notice of
termination is received by The Realty Group or until the purpose for which this Letter of Authorization was
given is completed.
Q7777 Frail/in Ed 53c v0CJ ‘ovr�.Ad, /La Ya)3�
Address:
(ompiw'iJ,cs c
Client:
Date
I �f
5 er
July 22, 2019
Agent:
CHRIS D BRITT
PO BOX 1255
GAINESVILLE, GA 30503-1255
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:
SUN EAGLE CREST LLC
27777 FRANKLIN RD STE 200
SOUTHFIELD, MI 48034-8205
RE: THE BOARD OF EQUALIZATION 2019, WELD COUNTY, COLORADO
NOTIFICATION OF HEARING SCHEDULED
Docket 2019-3084, AS0103 Appeal 2008224763 Hearing 7126/20193:00 PM
Account(s) Appealed:
R3134504
Dear Petitioner(s):
The Weld County Board ofEqualization has setadate ofJuly 26, 2019, atorabout the hour of3:00
PM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld
County Administration Building, Assembly Room, 1150 O Street, Greeley, Colorado.
You have aright toattend this hearing and present evidence insupport ofyour petition. The Weld
County Assessor orhis designee will be present. The Board will make itsdecision onthe basis of
the record made atthe aforementioned hearing, as well as your petition, so itwould be inyour
interest tohave arepresentative present. Ifyou plan tobe represented byanagent oranattorney
atyour hearing, prior tothe hearing you shall provide, inwriting tothe Clerk tothe Board's Office, an
authorization forthe agent orattorney torepresent you.Ifyou donotchoose toattend this hearing,
adecision will still bemade bythe Board bythe close ofbusiness onAugust 5,2019, and mailed to
you within five (5) business days.
Because ofthe volume ofcases before the Board ofEqualization, most cases shall belimited to10
minutes. Also due tovolume, cases cannot be rescheduled Itisimperative that you provide
evidence tosupport your position. This may include evidence that similar homes inyour area are
valued less than yours oryou are being assessed onimprovements you donothave.Please note
The fact that your valuation has increased cannot be your sole basis ofappeaL Without
documented evidence as indicated above, the Board will have no choice but to deny your appeal.
Ifyou wish todiscuss your value with the Assessor's Office, please call them at(970) 400-3650. If
youwish toobtain thedata supporting theAssessor's valuation ofyour property, please submit a
written request tcassessor@weldgov.com. Upon receipt oVourwritten request, theAssessor will
notify you ofthe estimated cost ofproviding such information. Payment must bemade prior tothe
Assessor providing such information, aWhich timetheAssessor willmake thedataavailable within
three (3) working days, subject to any confidentiality requirements.
Please advise me ifyou decide not to keep your appointment as scheduled. Ifyou 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 22, 2019
Petitioner:
SUN EAGLE CREST LLC
27777 FRANKLIN RD STE 200
SOUTHFIELD, MI 48034-8205
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):
CHRIS D BRITT
PO BOX 1255
GAINESVILLE, GA 30503-1255
RE: THE BOARD OF EQUALIZATION 2019, WELD COUNTY, COLORADO
NOTIFICATION OF HEARING SCHEDULED
Docket 2019-3084, AS0103 Appeal 2008224763 Hearing 7126/20193:00 PM
Account(s) Appealed:
R3134504
Dear Petitioner(s):
The Weld County Board ofEqualization has setadate ofJuly 26, 2019, atorabout the hour of3:00
PM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld
County Administration Building, Assembly Room, 1150 O Street, Greeley, Colorado.
You have aright toattend this hearing and present evidence insupport ofyour petition. The Weld
County Assessor orhis designee will be present. The Board will make itsdecision onthe basis of
the record made atthe aforementioned hearing, as well as your petition, so itwould be inyour
interest tohave arepresentative present. Ifyou plan tobe represented byanagent oranattorney
atyour hearing, prior tothe hearing you shall provide, inwriting tothe Clerk tothe Board's Office, an
authorization forthe agent orattorney torepresent you.Ifyou donotchoose toattend this hearing,
adecision will still bemade bythe Board bythe close ofbusiness onAugust 5,2019, and mailed to
you within five (5) business days.
Because ofthe volume ofcases before the Board ofEqualization, most cases shall belimited to10
minutes. Also due tovolume, cases cannot be rescheduled Itisimperative that you provide
evidence tosupport your position. This may include evidence that similar homes inyour area are
valued less than yours oryou are being assessed onimprovements you donothave.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.
Ifyou wish todiscuss your value with the Assessor's Office, please call them at(970) 400-3650. If
you wish toobtain thedata supporting theAssessor's valuation ofyour property, please submit a
written request tcassessor@weldgov.com. Upon receipt oVourwritten request, theAssessor will
notify you ofthe estimated cost ofproviding such information. Payment must bemade prior tothe
Assessor providing such information, aWhich timetheAssessor willmake thedataavailable within
three (3) working days, subject to any confidentiality requirements.
Please advise me ifyou decide not to keep your appointment as scheduled. Ifyou 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 Danes, Assessor
Hello