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Home My WebLink About20193011.tiffAugust 6, 2019 Petitioner: MISSION VILLAGE GREELEY LLC PO BOX 1658 FOND DU LAC, WI 54936-1658 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): DOWNEY & ASSOCIATES, PC 6855 S HAVANA ST STE 600 CENTENNIAL, CO 80112-3858 RE: THE BOARD OF EQUALIZATION 2019, WELD COUNTY, COLORADO NOTICE OF DECISION Docket 2019-3011 Appeal 2008224894 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 R8943721 Stipulated - Approved Stipulated Value $5,248,800 $3,660,000 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 �LCO, iG'L 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: DOWNEY & ASSOCIATES, PC 6855 S HAVANA ST STE 600 CENTENNIAL, CO 80112-3858 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBS ITE: www.weldctov.com 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Petitioner: MISSION VILLAGE GREELEY LLC PO BOX 1658 FOND DU LAC, WI 54936-1658 RE: THE BOARD OF EQUALIZATION 2019, WELD COUNTY, COLORADO NOTICE OF DECISION Docket 2019-3011 Appeal 2008224894 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 R8943721 Stipulated - Approved Stipulated Value $5,248,800 $3,660,000 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 COUNTY BOARD OF EQUALIZATION WELD COUNTY Single County Schedule Number R8943721 STIPULATION (As To Tax Year 2019 Actual Value) RE PETITION OF : NAME: ADDRESS: Mission Village Greeley LLC PO Box 1658 Fond Du Lac, WI 54936 Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation regarding the tax year 2019 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: LOT 1 MISSION VILLAGE SUB 320 23rd Ave, Greeley, CO 2. The subject property is classified as Multiple Unit property. 3. The County Assessor originally assigned the following actual value to the subject property for the tax year 2019 Total $5,248,800 4. After further review and negotiation, Petitioner (s) and Weld County Assessor agree to the following tax year2019 actual value for the subject property: Total $3,660,000 5. The valuation, as established above, shall be binding only with respect to tax year2019 6. Brief narrative as to why the reduction was made: After a review of the approaches to value, a reduction was indicated. 7. Both parties agree that: The hearing scheduled before the Board of Equalization on 8/5/2019 at 10:30 am be vacated. nA hearing has not yet been scheduled before the Board of Equalization. O0 (c1 -3O ASp (O3 DATED this 17th day of July , 2019 Thomas E. Downey, Tr. #968b Thomas E. Downey, Jr. #9686 (Jul 19, 2019) Petitioner(s) or Agent or Attorney Address: 6855 S. Havana Street, Suite 600 Centennial, CO 80112 xxx Telephone: 303-813-1111 Docket Number R8943721 Stip-1.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 R8943721 /Mission Village Greeley LLC Final Audit Report 2019-07-20 Created: 2019-07-17 By: Wade Melies (wmelies@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAAMGQZzkNBFoaXhlnb ui3lBv88ChOg3Sf "R8943721 /Mission Village Greeley LLC" History t Document created by Wade Melies (wmelies@co.weld.co.us) 2019-07-17 - 5:42:15 PM GMT- IP address: 204.133.39.9 El. Document emailed to Wade Melies (wmelies@co.weld.co.us) for approval 2019-07-17 - 5:42:17 PM GMT As. Document approved by Wade Melies (wmelies@co.weld.co.us) Approval Date: 2019-07-17 - 5:42:29 PM GMT - Time Source: server- IP address: 204.133.39.9 Document emailed to Susan Gundry (sgundry@co.weld.co.us) for approval 2019-07-17 - 5:42:30 PM GMT Email viewed by Susan Gundry (sgundry@co.weld.co.us) 2019-07-17 - 5:44:51 PM GMT- IP address: 204.133.39.9 &G Document approved by Susan Gundry (sgundry@co.weld.co.us) Approval Date: 2019-07-17 - 5:47:57 PM GMT - Time Source: server- IP address: 204.133.39.9 C+ Document emailed to Brenda Dones (bdones@co.weld.co.us) for signature 2019-07-17 - 5:47:59 PM GMT t Email viewed by Brenda Dones (bdones@co.weld.co.us) 2019-07-17 - 9:25:16 PM GMT- IP address: 204.133.39.9 h Document e -signed by Brenda Dones (bdones@co.weld.co.us) Signature Date: 2019-07-17 - 9:25:48 PM GMT - Time Source: server- IP address: 204.133.39.9 C + Document emailed to Thomas E. Downey, Jr. #9686 (tom@downeylawpc.com) for signature 2019-07-17 - 9:25:49 PM GMT t Email viewed by Thomas E. Downey, Jr. #9686 (tom@downeylawpc.com) 2019-07-19 - 4:31:22 PM GMT- IP address: 50.243.137.237 Adobe Sign A0 Document e -signed by Thomas E. Downey, Jr. #9686 (tom@downeylawpc.com) Signature Date: 2019-07-19 - 4:46:28 PM GMT - Time Source: server- IP address: 50.243.137.237 Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature 2019-07-19 - 4:46:29 PM GMT t Email viewed by Karin McDougal (weld-cboe@weldgov.com) 2019-07-19 - 4:57:51 PM GMT- IP address: 204.133.39.9 C5c Document e -signed by Karin McDougal (weld-cboe@weldgov.com) Signature Date: 2019-07-20 - 0:12:27 AM GMT - Time Source: server- IP address: 204.133.39.9 ci Signed document emailed to Thomas E. Downey, Jr. #9686 (tom@downeylawpc.com), Wade Melies (wmelies@co.weld.co.us), Karin McDougal (weld-cboe@weldgov.com), canaya@weldgov.com, and 2 more 2019-07-20 - 0:12:27 AM GMT Wray Adobe Sign Brenda Dones Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 NOTICE OF DETERMINATION RECEIVED JUL 1 52019 WELD COUNTY COMMISSIONERS Date of Notice: 6/25/2019 Telephone: (970) 400-3650 Fax: (970) 304-6433 Office Hours: 8:00AM - 5:00PM ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTION/ PHYSICAL LOCATION R8943721 2019 0600 LOT 1 MISSION VILLAGE SUB 320 23RD AVE GREELEY PROPERTY OWNER MISSION VILLAGE GREELEY LLC PO BOX 1658 FOND DU LAC, WI 54936-1658 PROPERTY CLASSIFICATION ASSESSOR'S VALUATION ACTUAL VALUE PRIOR REVIEW TO ACTUAL VALUE AFTER REVIEW RESIDENTIAL COMMERCIAL 5,150,906 97,894 5,150,906 97,894 TOTAL 5,248,800 5,248,800 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: CM05 - The law requires that data from Jan 2017 to June 2018 be used to establish current values. We have considered all three approaches to value and we have denied your appeal based upon this data. 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): DOWNEY & ASSOCIATES, PC 6855 S HAVANA ST STE 600 CENTENNIAL, CO 80112-3858 15-DPT-AR PR 207-08/13 R8943721 2019-3011 AS to3 APPEAL PROCEDU RES County Board of Equalization Hearings will be held from July 25th through August 5th 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.) $ IGIq, 2&) 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.) SEE ATTACHED ATTESTATION I, the undersigned owner or agent' of the property identified above, affirm that the statements contained herein and any attay ents heretq are true and complete. Signature Email Address Telephone Number /)i9 Date Thomas E. Downey, Jr., #9686 Attorney for Petitioner tom @downeylawpc.com 'Attach letter of authorization signed by property owner. 303-813-1111 15-DPT-AR PR 207-08/13 R8943721 DOWNEY & ASSOCIATES, PC A PROFESSIONAL CORPORATION 303 813-1111 July 11, 2019 VIA USPS PRIORITY MAIL Weld County Board of Equalization 1150 O Street P.O. Box 758 Greeley, CO 80631 Re: 2019 Property Tax Protests Dear Clerk to the Board, We represent the owners of the properties listed below, and are tendering formal written Petitions to the Board of Equalization on their behalf appealing the Weld County Assessor decisions for each of the following. Property Owner GREELEY MULTIFAMILY DST Property Address 1001 50th Ave, Greeley Account Number R2007186 METAL SALES MANUFACTURING CORP 7990 E I-25 Frontage Road, Frederick R4573406 MISSION VILLAGE GREELEY LLC 320 23rd Avenue, Greeley R8943721 COLORADO BEAN INC 14574 County Road 64, Greeley R0166691 ZATECA FOODS INC 4574 County Road 64 , Greeley R0166991, R0167091, R0167191, and R0168391 EWE WAREHOUSE INVESTMENTS XL LTD 244 Dundee Ave, Greeley R7083798 The Petitions and supporting documentation for each of these properties are enclosed. We respectfully request that a hearing time before the Board be set for the same day to review all of these Petitions, and that the Notice of Hearing for each be directed to the undersigned. I will not be available for hearing on the following dates: July 17 and July 19, 2019. 6855 South Havana Street ❑ Suite 600 Centennial, Colorado 80112 ❑ fax 303 813-1122 www.downeylawpc.com www.coloradopropertytaxattorney.com Weld County Board of Equalization July 11, 2019 Page 2 Thank you for your consideration, and feel free to contact my office if you have any questions. Very truly yours, TED/js Enclosures PA] '17�7/�Y'✓%nom Thomas E. Downey, Jr. 6855 South Havana Street • I Suite 600 Centennial, Colorado 80112 1, fax 303 813-1122 www.downeylawpc.com www.coloradopropertytaxattorney.com QA DOWNEY & ASSOCIATES, Pc A PROFESSIONAL CORPORATION 303 813-1111 July 11, 2019 VIA USPS PRIORITY MAIL Weld County Board of Equalization 1150 O Street P.O. Box 758 Greeley, CO 80631 Re: MISSION VILLAGE GREELEY LLC 320 23rd Avenue, Greeley Account Number: R8943721 Dear Clerk to the Board, We represent the owner of the above -referenced real property ("Subject Property") in Arapahoe County. Enclosed is the Petition to the Board of Equalization protesting the denial, or inadequate adjustment, by the Arapahoe County Assessor. I am not available for hearing on July 17, 2019. Please direct the Notice of Hearing on this matter to the undersigned. Petitioner, pursuant to C.R.S. §39-8-107(3), respectfully requests that the Assessor provide all data supporting the assessor's determination of actual value on these parcels to the undersigned no later than two working days prior to the CBOE hearing. Thank you for your cooperation in this regard. Should you have questions, please call. TED/js Enclosures cc: J. Senseny Very truly yours, Thomas E. Downey, Jr. 6855 South Havana Street ❑ Suite 600 ❑ Centennial, Colorado 80112 ❑ fax 303 813-1122 www.downeylawpc.com ❑ www.coloradopropertytaxattorney.com DOWNEY & ASSOCIATES, Pc A PROFESSIONAL CORPORATION May 31, 2019 VIA LISPS PRIORITY MAIL Ms. Brenda Dones Weld CountyAssessor 1400 N17th Avenue Greeley, CO 80631 Re: 320 23rd Avenue, Greeley Schedule Number: 096106200002 Dear Ms. Dones, Thomas E. Downey, Jr. 303 813-1111 tom@downeylawpc.com We represent the owner of the above captioned property, and are tendering this correspondence on its behalf. This letter shall serve as a formal written protest of the real property notice of valuation for the above captioned property for the 2019 tax year. We believe that the value of the subject property, based upon information currently available and subject to further revision, is excessive and should be reduced to a value of $3,149,280 in accordance with Colorado law. In support of this valuation, please see the following enclosed documents: • Addendum 7-B, Gov't Assisted Housing Questionnaire • Subject Property EDMA Worksheet The subject is rented to low-income tenants and is operated in a manner necessary to qualify for federal Low -Income Housing Tax Credits established by Section 42 of the Internal Revenue Code. Each unit at the subject has qualified for and is allocated low-income housing credits pursuant to Section 42. The steps for valuing a rent -restricted property are set forth in the Colorado Real Property Valuation Manual, Section 7.7. See ALR VOL 3, § 7.7 ("[v]aluation of taxable rent -restricted housing properties that receive below -market rents should reflect an economically derived market adjustment (EDMA) due to the reduced revenue stream."). Pursuant to the ARL, the market value of the property, assuming no restrictions, is first determined. For purposes of this analysis only, we assume the $5,248,800 value currently assigned to the property is its base market value. The ARL next directs assessors to compute an EDMA adjustment using actual contract rent amounts and apply that to the base value. The actual contract rents for 50 units of the subject property as of June 30, 2018 are set forth in the 6855 South Havana Street Suite 600 www.downeylawpc.com Centennial, Colorado 80112 iW fax 303 813-1122 www. coloradopropertytaxattorney.com Ms. Brenda Dones Weld County Assessor May 31, 2019 Page 2 enclosed Addendum 7-B. All 50 units are rent -restricted. Using the rental rates provided by the Department of Housing and Urban Development ("HUD") for Weld County in 2018 as fair market value, the EDMA for the subject property is 0.60 (a market adjustment of 40.0 percent). Applying the EDMA to the base value of $5,248,800 results in an adjusted actual market value of $3,149,280/$69,986/unit. Accordingly, the current assigned value does not reflect the actual market value of the property, and upon consideration of the requirements of Colorado law that require that assessments be uniform, just and equalized, a reduction in the current year actual value of this property is warranted. Pursuant to C.R.S. § 39-5-121.5, the taxpayer respectfully requests that the Assessor provide its undersigned legal representative with the data utilized by the Assessor to establish the 2019 value for the Subject Property within seven working days after receipt of this request. Please contact me directly if you would like to discuss this property further. Thank you for your consideration. Very truly yours, Thomas E. Downey, Jr. TED/js Enclosures cc: R. Barnes 6855 South Havana StreetSuite 600 t.:; Centennial, Colorado 80112 t::a fax 303 813-I122 www.downeylawpc.com : i www.coloradopropertytaxattorney.com Restricted 2 Bed 3 Bed 4 Bed ITC ('w/uL4w .rr;� utE0ty Tenant Rent al,s wa lce) ,' Tenant Rent H?c=w r ce) Tenant Rent $405.00 $694.00 $567.00 $729.00 $730.00 $694.00 $694.00 $694.00 $709,00 $720.00 $694.00 $385.00 $694.00 $646.851 $297 03' 9694.00 ? ^: $ Cs59.00 $822.00 $694.00 90.0,0 9994.60 $094.00 9335.0C 0094.0 $1,030.00 $1,030.00 $,15"„ $854,00 $' c....., $830.00 $a).t),. •' $655.00 9794.00 $854.00 596300 $854.00 :996;O;3 $485.00 $€;z's.0'3 $724.00 $833.00 $831.00 991().00 $450.00 3:?45 ;42'; a : $854.00 $831.00 $940OO; $655.00 5'164,0 $854.00 `auia3,Os�#ME;, $854.00 $1,030.00 $1,020.00 5980.0C: $450.00 5,147,0 $833.00 5942.00 3°I° $854.00 $903.9i0 `;. $655.00 $7t 4 0 $801.00 >910.0 $831.00 5902.00: $801.00 w $445.00 $445. 0 $1,010.00 $653.00 5762.%0 $891.00 >1,ta:.'01 $1,120.00 $1,241.0; $623.00 6523.0t, $910.00 $730.00 $801.00 $1,093.00 $874.00 $1,093.00 $916.83 $795.55 9874 00. $897.00 $1,23200 57,013.94; 91,09 . 0 Units Rent Monthly 13 2 bed $646.85 $8,409.05 31 3 bed $795.55 $24,662.05 6 4 bed $916.83 $5,500.98 $38,572.08 Mkt Rent $937.00 $1,363.00 $1,650.00 $3,950.00 Gross Monthly Rent Actual 13 2 bed $8,409.05 31 3 bed $24,662.05 6 4 bed $5,500,98 $38,572.08 Potentional Monthly FMR 13 2 bed $937.00 $12,181.00 31 3 bed $1,363.00 $42,253.00 6 4 bed $1,650.00 $9,900.00 $64,334.00 EDMA: 38,572.08 / 64,334.00 = 0.6 40.0% Not Restricted 2 Bed • 3 Bed 4 Bed Schedule B $937.00 $1,363.00 *HUD 2018 Fair Market Rent, Weld County, Colorado https://www.h uduser.gov/portal/datasets/fmr/fmrs/FY2018_code/2018summary.odn $1,650.00 7.99 ADDENDUM 7-B, GOV'T-ASSISTED HOUSING QUESTIONNAIRE GOVERNMENT -ASSISTED HOUSING QUESTIONNAIRE This questionnaire is used by the assessor to determine whether your government -assisted housing project should receive an economically derived market adjustment (EDMA) because you are receiving restricted (below market) rents. Information to be supplied on this form must be based on rental unit information and contract (actual) rents as of the applicable appraisal date (June 30). Additional documents and exhibits may also be attached to this form to supplement the information provided. Procedures regarding the valuation of government -assisted housing projects may be found in Assessors' Reference Library (ARL) Volume 3, Section VII under the topic GOVERNMENT -ASSISTED HOUSING VALUATION PROCEDURES. Please mail or fax the completed questionnaire to the assessor at your earliest convenience. Failure to complete this questionnaire or to provide adequate information to the assessor regarding your government -assisted housing project may result in not receiving the market adjustment for the current assessment year. If you have any questions regarding this form, please contact the county assessor. Schedule or Parcel Identification # 096106200002 Owner's Name and Address MISSION VILI AGE GREELEY LI C Name & Business Address of Housing Project MISSION VILLAGE GREELEY 320 23rd Avenue, Greeley Please print the name & phone number of the person completing this form. Name Phone # Signature Rental Unit Count Monthly Contract Gross Monthly Gross Type Rent per Unit Rentt Yearly Rent Studio Units $ $ $ One Bedroom Units $ $ 8,409.05 $ Two Bedroom Units 13 $ 646.85 $ 24,662.05 $ Three Bedroom Units 31 $ 795.55 $ 5,500.98 $ Four (& above) 6 916.83 Bedroom Units $ $ $ TOTALS 50 $ 38,572.08 $ If your housing project contains both rent -restricted and non rent -restricted units, please list the non rent -restricted units below: Studio Units $ $ $ One Bedroom Units $ $ $ Two Bedroom Units $ $ $ Three Bedroom Units $ $ $ Four (& above) Bedroom Units $ $ $ TOTALS 0 $ $ Monthly Contract Rent per Unit (as of appraisal date) x Count Total Annual Revenue $ 38,572.08 15-AS-DPT ARL V0L 3 1-89 Rev 4-18 Hello