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Home My WebLink About20192774.tiffAugust 6, 2019 Petitioner: EASTMAN PARK DRIVE LLC 701 CENTRE AVE FORT COLLINS, CO 80526-1843 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): RE: THE BOARD OF EQUALIZATION 2019, WELD COUNTY, COLORADO NOTICE OF DECISION Docket 2019-2774 Appeal 2008224439 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 R0548101 Stipulated - Approved Stipulated Value $8,065,000 $7,367,687 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 COUNTY BOARD OF EQUALIZATION WELD COUNTY Single County Schedule Number R0548101 STIPULATION (As To Tax Year 2019 Actual Value) RE PETITION OF : NAME: ADDRESS: Eastman Park Dr LLC 701 Center Ave Fort Collins, Co 80526 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: WIN 2DV L1 DIAMOND VALLEY 2ND FG 9351 Eastman Park Dr, Windsor CO 2. The subject property is classified as Industrial property. 3. The County Assessor originally assigned the following actual value to the subject property for the tax year 2019 Total $8,065,000 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 $7,367,687 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 all approaches to value, an adjustment was indicated. 7. Both parties agree that: nThe hearing scheduled before the Board of Equalization on at be vacated. 171A hearing has not yet been scheduled before the Board of Equalization. 1 0019- al ASO 1O3 DATED this 12th day of JuIy , 2019 wayno Dannoman lVa vne Panneman, Jul 15.'.019! Petitioner(s) or Agent or Attorney Address: 1 N Brentwood Clayton Telephone: 3142903363 Docket Number R0548101 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 R0548101/Eastman Park Dr LLC Final Audit Report 2019-07-15 Created: 2019-07-12 By: Jason Marini (jmarini@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAAupThGMAIX64_CD2RdNHmpYz7rTfhQDXE "R0548101/Eastman Park Dr LLC" History 'eta Document created by Jason Marini Qmarini@co.weld.co.us) 2019-07-12 - 2:38:46 PM GMT- IP address: 204.133.39.9 Document emailed to Jason Marini (jmarini@co.weld.co.us) for approval 2019-07-12 - 2:38:47 PM GMT Document approved by Jason Marini (jmarini@co.weld.co.us) Approval Date: 2019-07-12 - 2:39:06 PM GMT - Time Source: server- IP address: 204.133.39.9 L Document emailed to Susan Gundry (sgundry@co.weld.co.us) for approval 2019-07-12 - 2:39:07 PM GMT Email viewed by Susan Gundry (sgundry@co.weld.co.us) 2019-07-12 - 5:53:14 PM GMT- IP address: 204.133.39.9 Document approved by Susan Gundry (sgundry@co.weld.co.us) Approval Date: 2019-07-12 - 6:11:40 PM GMT - Time Source: server- IP address: 204.133.39.9 Document emailed to Brenda Dones (bdones@co.weld.co.us) for signature 2019-07-12 - 6:11:41 PM GMT t Email viewed by Brenda Dones (bdones@co.weld.co.us) 2019-07-12 - 7:31:16 PM GMT- IP address: 204.133.39.9 Document e -signed by Brenda Dones (bdones@co.weld.co.us) Signature Date: 2019-07-12 - 7:32:23 PM GMT - Time Source: server- IP address: 204.133.39.9 Document emailed to Wayne Danneman (wayne.danneman@rubinbrown.com) for signature 2019-07-12 - 7:32:24 PM GMT Email viewed by Wayne Danneman (wayne.danneman@rubinbrown.com) 2019-07-13 - 2:10:38 PM GMT- IP address: 96.35.52.65 Adobe Sign Document e -signed by Wayne Danneman (wayne.danneman@rubinbrown.com) Signature Date: 2019-07-15 - 12:37:19 PM GMT - Time Source: server- IP address: 12.219.218.18 C-74 Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature 2019-07-15 - 12:37:20 PM GMT 1_', Email viewed by Karin McDougal (weld-cboe@weldgov.com) 2019-07-15 - 2:14:17 PM GMT- IP address: 204.133.39.9 Iii Document e -signed by Karin McDougal (weld-cboe@weldgov.com) Signature Date: 2019-07-15 - 6:57:54 PM GMT - Time Source: server- IP address: 204.133.39.9 Q Signed document emailed to Susan Gundry (sgundry@co.weld.co.us), Jason Marini (jmarini@co.weld.co.us), canaya@weldgov.com, Brenda Dones (bdones@co.weld.co.us), and 2 more 2019-07-15 - 6:57:54 PM GMT Awe Adobe Sign Thank you for submitting an appeal to the Weld County Board of Equalization. We will review the information submitted and you will receive a date to appear before the board. Contact Information: Contact Name: Wayne Danneman Contact Email: wayne.danneman@rubinbrown.com Contact Phone: 314-290-3363 Appeal Submitted: 07:43 AM July 11, 2019 Appeal submitted for: R0548101 - EASTMAN PARK DRIVE LLC 9351 EASTMAN PARK DR, WINDSOR Legal: WIN 2DV L1 DIAMOND VALLEY 2ND FG Reason: Value Too High - Comparable sales Estimate of Value: $5,712,027.00 Document(s) Submitted: Account: R0548101 - 2019 -CO -WELD -080722011001-9351 Eastman Park Dr-LOA.pdf Account: R0548101 - R0548101 INITIAL PROTEST.pdf You have selected the following Date Preferences: Monday, August 5, 2019, from 10:30 a.m. to 12:00 p.m. Thursday, August 1, 2019, from 1:30 p.m. to 3:30 p.m. Thursday, August 1, 2019, from 9:00 a.m. to 12:00 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 2019-2774 AS o/O3 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: Wayne Danneman Contact Email: wayne.danneman@rubinbrown.com Contact Phone: 314-290-3363 Appeal Submitted: 10:17 AM May 31, 2019 Appeal submitted for: R0548101 - EASTMAN PARK DRIVE LLC 9351 EASTMAN PARK DR, WINDSOR Legal: WIN 2DV L1 DIAMOND VALLEY 2ND FG Reason: Value Too High - Comparable sales Estimate of Value: $5,712,027.00 Document(s) Submitted: Account: R0548101 - 2019 -CO -WELD -080722011001-9351 Eastman Park Dr-LOA.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 LETTER OF AUTHORIZATION TO: Ad Valorem Tax Authorities and Others To Whom It May Concern This letter will introduce RubinBrown LLP, which is authorized to represent us concerning Ad Valorem Taxes for property located at 9351 Eastman Park Dr Windsor, CO (Parcel #080722011001). This authorization letter will supersede any previous letters of authorization on file. RubinBrown is authorized to review and receive copies of any prior tax year's tax notices or statements, to investigate appraisals and assessments, to submit income and expense information, to appeal property values and taxes, to appear before administrative boards or agencies, and to prepare to take such actions on our behalf as necessary to effectuate same. RubinBrown LLP is authorized to act as agent, and/or attorney in fact, with those aforementioned rights for the property owned or controlled by the undersigned entity. The rights, powers, and authorization of RubinBrown LLP herein granted shall commence upon execution of this letter of authorization and shall terminate upon notice received by either party, or until the purpose for which this letter of authorization is given, is complete. Signed this the a-41 day of May, 2019. Eastman Park D ' ve L C BY: PRINT NAME: 1erF Le -At..rrntr-, TITLE: CFO TELEPHONE NUMBER: I? O -2-1Z-- VAX) Hello