Loading...
HomeMy WebLinkAbout20182857.tiff950 S. CHERRY STREET, SUITE 320 DENVER, CO 80246 PH: 303-757-8865 FAX: 303-757-7691 November 29, 2018 Weld County Board of Equalization 1150 O Street P.O. Box 758 Greeley, CO 80632 Dear Commissioners, Please find enclosed the information required by Colorado Revised Statute 39-8-107 (5)(a)(I) for the Petition filed to the Colorado Board of Assessment Appeals by Goldstein Law Firm, LLC on August 31, 2018. The BAA Docket Number for this Petition is 74334. Please contact us with any questions. Sincerely, k11 -1•1 N. Nina Langston Assistant to Barry J. Goldstein, Esq. & Kendra L. Goldstein, Esq. Comrnonico..-tons l'ail0/1 - cc: CXS'Rccw((a,D/sm/Ca) co -c (3c) 'DO�8'- ' 7 Cx5 0 L OO Store Operations - Historical Expense Summary 08/01/2016 - 08/31/2016 Store: 007417 - 1480 MAIN ST WINDSOR CO Figures in USD Actuals FY2016 FY2015 Direct Expenses: Restroom Cleaning ZZ7000 Uniforms ZZ7060 Supplies ZZ6000 Store Care Expense ZZ6125 Plumbing / Electrical ZZ7160 Heating, A/C, Refrigeration ZZ7180 Exterminating ZZ7270 Accrued Maintenance Z27275 DTR Maintenance Accrual ZZ7278 Misc Maint / Repair ZZ7280 Repairs / Maintenance ZZ6050 Light and Power Z27300 Fuel ZZ7320 Water ZZ7340 Utilities ZZ6100 One Hour Photo Z27020 Bags/Office Supplies ZZ7040 Rx Supplies ZZ7080 Price Marking Supplies ZZ7100 Misc Warehouse ZZ7120 Floor Cleaning ZZ7260 Telephone ZZ7360 Trash Removal 2Z7380 Security Services ZZ7400 Guards / Patrol Service ZZ7420 Credit Card Adjustments ZZ7435 Cash Expense ZZ7460 Display Hardware ZZ7480 Credit Card Charges ZZ7490 Freight UPS ZZ7495 Third Party Charges ZZ7520 Third Party Collections ZZ7540 NSF Check Collection ZZ7560 NSF Check Charge ZZ7570 Cash Handling ZZ7580 Misc Expense ZZ7620 Supervision ZZ7780 Other Direct Expenses ZZ6150 Direct ZZ5250 Indirect Expenses: Store IT Distribution Z27279 Licenses ZZ7700 Insurance Medical ZZ7720 Insurance Casualty ZZ7740 Equipment Depreciation ZZ7760 Other Indirect Expense ZZ7800 588.63 552.07 1,140.70 6,511.25 862.17 8,069.69 282.00 0.00 0.00 15,398.50 31,123.61 28,112.22 3,612.24 5,147.75 36,872.21 7,330.82 3,999.58 11,385.13 2,417.96 3,820.67 1,053.01 2,791.95 4,697.27 2,502.57 0.00 (61.15) 1,433.82 5,337.34 66,088.89 2,521.44 1,647.63 (232.03) 0.00 433.22 962.53 3,381.88 25,560.48 147,073.01 216,209.53 0.00 45,967.97 1,866.87 65,905.51 23,229.33 37,967.95 0.00 603.77 586.02 1,189.79 0.00 2,368.63 7,461.79 1,678.68 5,392.39 13.50 16,167.40 33,082.39 32,490.89 3,296.84 3,712.36 39,500.09 10, 673.41 4,654.43 14,634.16 2,179.90 2,868.82 4,605.81 3,003.07 5,150.26 2,520.14 0.00 28.23 1,331.71 1,428.66 61,523.53 1,755.71 0.00 (51.18) 0.00 556.88 305.06 1.68 24,952.04 142,122.32 215,894.59 0.00 62,848.56 985.97 63,215.73 50,401.62 43,453.85 0.00 Taxes Z27940 Warehouse Standby ZZ7970 Advertising/Sign Package ZZ7980 Central Pharmacy ZZ7990 Indirect Store Charges ZZ6200 Total Expenses and FBI -GL -117 Created: 10/29/2018 11:27:10 4,435.89 4,077.08 40,653.30 40,709.73 34,117.70 26,492.24 12,151.35 0.00 266,295.87 292,184.78 482,505.40 508,079.37 0.00 0.00 Store Operations - Historical Expense Summary 08/01/2016 - 08/31/2016 Store: 007417 - 1480 MAIN ST WINDSOR CO FY2016 FY2015 Direct Expenses: Plumbing / Electrical ZZ7160 Heating, A/C, Refrigeration ZZ7180 Exterminating ZZ7270 Accrued Maintenance ZZ7275 DTR Maintenance Accrual ZZ7278 Misc Maint / Repair ZZ7280 Repairs / Maintenance ZZ6050 Light and Power 227300 Fuel ZZ7320 Water ZZ7340 Utilities ZZ6100 Trash Removal Z27380 Security Services ZZ7400 Insurance Fixed Rent Payment (Mlsc and Prepaid) ZZ6250 Building Tax ZZ6315 $ 862.17 $ 2,368.63 $ 8,069.69 $ 7,461.79 $ 282.00 $ 1,678.68 $ $ 5,392.39 $ $ 13.50 $ 15,398.50 $ 16,167.40 $ 31,123.61 $ 33,082.39 $ 28,112.22 $ 32,490.89 $ 3,612.24 $ 3,296,84 $ 5,147.75 $ 3,712.36 $ 36,872.21 $ 39,500.09 $ 4,697.27 $ 5,150.26 $ 2,502.57 $ 2,520.14 Self -insured Self -insured $ 353,000.04 $ 353,000.04 $ 57,864.00 $ 61,394.00 Chloe Rempel From: Sent: To: Subject: Attachments: Admin <admin@sterlingpts.com> Friday, August 31, 2018 3:53 PM Chloe Rempel BAA Petitions Filed 8.31.2018 2018 BAA Packet_1480 Main Street_WAL.pdf; 2018 BAA Packet_3635 23rd Ave_R7455298 NBH.pdf 4,4110nr. 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. Good afternoon Chloe, Please see attached our appeals filed to the BAA today. The petitions are for Schedule numbers: *R2569303 R7455298 Please let us know if you have any questions. Thanks, liliana Perez I Au— ve Assisi -a = jai: admin@sterlingpts.com Off,ce: 303 /57-8865 Ext. 106 I Fax: 303-757-7691 PROPFRTt TAX FE IAtl T ;N 950 S. Cherry Street, Suite 320 Denver, CO 80246 www.sterlingpts.com asAirnyniccxtions Gl/10/18' cc,.. c.e (Cwx80/Ca) c ac 13C) 9 I' -I / fir 2018-2857 CASO 100 PETITION TO STATE BOARD OF ASSESSMENT APPEALS 1313 Sherman Street, Room 315 Phone: 303-864-7710 Denver, Colorado 80203 Fax: 303-864-7719 SUBMITTED TO BAA ONLINE: 8/31/2018 Date: 08/28/2018 Property Owner: MCR Farnsworth, LLC c/o Walgreen Co. Subject Property: 1480 Main Street Schedule Number(s): R2569303 Appeals the decision of the Weld County Board of Equalization This appeal is: Valuation/Protest Appeal The subject property is currently classified as: Commercial Actual Value assigned to the subject property$2,322,747 Petitioner's estimate of value: $2,135,904 For Office Use Only 74334ND Docket No. Fee Y Check/Credit Card #/ Payment Trans #: Dated: 08/02/2018 Tax Year(s): 2018 Estimated time for Petitioner to present the appeal: 4 hours. Not less than 30 minutes. Board will allow equal time to County or Property Tax Administrator. Appearance: Petitioner will be represented by an attorney Attorney would like to appear in person If the property owner is an entity, it must appear under the representation of an attorney licensed in Colorado except as follows. A closely held entity may be represented by an officer of the entity as long as the amount in controversy does not exceed $15,000, exclusive of costs, interest or statutory penalties. A closely held entity can have no more than three owners. See Section 13-1-127, C.R.S. A closely held entity that will be represented by an officer of the entity must provide a letter to the Board with this petition stating that it has no more than three owners and that the tax amount at issue does not exceed $15,000. A trust filing a petition may be represented by a trustee, an attorney or an agent. Filling Fee: $101.25 Petitioner will be represented by an agent or by an attorney. In the space below, please explain why you disagree with the value assigned to the subject property See uploaded information Documents attached to this petition: Additional Documentation Additional Optional Information Related to your Appeal Certificate of Service I certify that a true and correct copy of the foregoing Petition to the State Board of Assessment Appeals and attachments were mailed, faxed or hand delivered to the County Board of Equalization, the Board of County Commisioners or the State Property Tax Administrator who made the decision relating to this appeal and to all co -owners or parties directly interested in the subject property on the date I submitted the Petition to the State Board of Assesment Appeals. ATTESTATION I understand that in accordance with Sections 18-8-503 and 18-8-501(2)(a)(I), C.R.S., false statements made herein are punishable by law. I state under penalty of perjury in the second degree, as defined in Section 18-8-503, C.R.S. that: I am the owner of the property that is the subject of this appeal, or I am the authorized agent or attorney for the owner of the property that is the subject of this appeal; and The information in this Petition to the State Board of Assessment Appeals (including all attachments) is true and correct to the best of my knowledge and belief. I understand that, upon acceptance by the Board of Assessment Appeals, I will need to pay the required filing fee associated with this Petition, if any. I understand that no further changes can be made to the Petition or attachments, unless corrections are required by the Board of Assessment Appeals. I understand my obligation to mail, fax or hand deliver a true and correct copy of the Petition (including all attachments) to the County Board of Equalization, the Board of County Commissioners or the State Property Tax Administration who made the decision relating to this appeal and to all co -owners or parties directly interested in the subject property. I will mail, fax or hand deliver the Petition (including all attachments) on the date I submit the Petition to the Board of Assessment Appeals. Petitioner's mailing address is required even if Petitioner is represented by an agent or attorney. Filed Online with Certification Filed Online with Certification Signature of Attorney Signature of Petitioner Goldstein Law Firm, LIc MCR Farnsworth, LLC c/o Walgreen Co. Company Name Property Owner Goldstein Law Firm, LIc - Kendra L. GoldsteinAnna Petts Printed Name Printed Name 950 S. Cherry Street, Suite #320 300 Wilmot Rd MS#3301 Mailing Address Mailing Address Denver, CO 80246 Deerfield, IL 60015-5121 City, State, Zip Code City, State, Zp Code Telephone: 303-757-8865 Telephone: 847-527-4418 Daytime number Email: kendra@goldsteinlf.com Email: It is the Petitioner's responsibility to notify the BAA of any change of address. Petitioners are strongly encouraged to read the Instructions and Rules of the Board of Assessment Appeals prior to completing this Petition Form. The Instructions and Rules are available on the Web at www.dola.Colorado.gov/baa or may be requested by phone at 303-864-7710. PROPERTY TAX SPECIALl5TS I\: May 30, 2018 Mr. Christopher Woodruff Weld County Assessor 1400 N. 17th Avenue Greeley, CO 80631 Re: 1480 Main Street (Schedule No. R2569303) (the "Property") Dear Assessor: 950 S. Cherry Street Suite 320 Denver, CC 80246 303.757.8865 fax 303.7577691 www.sterlingpts,com The undersigned, Sterling Property Tax Specialists, Inc., represents the owner of the Property for the purpose of protesting the 2018 Valuation. A copy of the Letter of Authorization is attached hereto and made an integral part hereof. Only the parcel referenced hereinabove is protested hereunder. The Property is a 14,488 sq, ft. freestanding Walgreens Drug Store built in 2003. For calendar year 2018, the Assessor has valued the subject Property at $2,379,556, or $164.24 per sq. ft. Petitioner contends that the subject Property has limited desirability in the marketplace due to its unique design and size. The subject Property has built-in obsolescence because it was built and designed to meet the needs of a specific single user, rather than the needs of a variety of users. This also limits the Property's market potential. Furthermore, the typical retail property utilizes street level window exposure for marketing of merchandise. However, the windows in the subject Property are three to four feet above street level, again contributing to limited desirability in the marketplace due to this inflexibility to other users as a conversation retail property. Most generic multi -tenant retail spaces in the 10,000 sq. ft. to 20,000 sq. ft. range have a larger number of potential tenants. This is not true for the subject, due to the unique design and size specification for this particular single user. The 14,488 sq. ft. size does not fit the needs of other single tenant users in the marketplace, as the space is either too large or too small, which limits its market potential. The general layout of the Property also presents complications for any potential typical retail user. Set within the center of a 1.25 -acre land parcel, the parking layout is designed to accommodate only a single tenant, with only one ideal entrance to the building. A property of this size is too large for the typical single -tenant retailer. The space would better accommodate 1480 Main St. Page 2 two to four smaller users. This parking layout, as well as the single entrance, creates an inflexible design for a multi -tenant use. Additionally, there is only one loading area. In order for the Property to be marketable to the typical retail user, substantial renovations would have to be implemented at an uneconomical cost. Because of these particularities with respect to the design, layout, and function of the Property's improvements, the marketability of the subject Property is severely limited, as addressed hereinabove. In light of this, Petitioner contends that no change in value was warranted, and the value previously assigned for calendar years 2015 and 2016 for the subject Property should remain in place for calendar year 2018. Based upon the foregoing, Petitioner hereby requests the Board adjust the value of the Property for calendar year 2018 to $2,135,904. All information contained herein should be considered confidential and not available to any third parties. Sincerely, STERLING PROPERTY TA'k SPECIALIS :,INC. By: Kendra L. Goldstein, Vice President LETTER OF AUTHORIZATION December 1, 2016 Sterling Property Tax Specialists, Inc. 950 South Cherry Street, Suite 320 Denver, Colorado 80246 RE: 2017 and 2018 Property Tax Assessment Matters Gentlemen: The undersigned, as owner, or Lessee entitled to protest the valuation of the Property under our lease, located in Weld County, Colorado, at See Attached, and more particularly described on Assessor's Notice of Valuation, Schedule No(s). See Attached hereby authorizes Sterling Property Tax Specialists, Inc. and Goldstein Law Firm, LLC, to act as agent on my behalf regarding all 2017 and 2018 property tax assessment matters, and obtain any and all documents relating thereto and file any protests necessary. This Authorization shall be effective as of the date set forth above. WALGREEN COMPANY �/ r r . / Anna Pclii Manager, Real Estate Tax Appeal Telephone: 847-527-4418 Walereen Company Weld County 2017 / 2018 1641 73rd Ave 83919605 3700 35th .Avenue R_6S?3C4 3700 W lOth Street R2941404 5962 Firestone Blvd R384670;. 2600 i l th Ave R4696707 1480 Main Street R2569303 490 Erie Parkway R5341708 NEC of Mountain View & Hwy 7 88946729 f Uf NOTICE OF DETERMINATION Christopher M. Woodruff Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 Date of Notice: 6/27/2018 Telephone: (970) 353-3845 Fax: (970) 304-6433 Office Hours: 8:00AM - 5:00PM ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTIONI PHYSICAL LOCATION R2569303 2018 0437 WIN WAG L1 WINDSOR ASSEMBLY OF GOO 1480 MAIN ST WINDSOR . CO PROPERTY OWNER MCR FARNSWORTH LLC CIO REAL STATE PROPERTY TAX PO BOX 1159 DEERFIELD, IL 60015-6002 PROPERTY CLASSIFICATION ASSESSOR'S VALUATION ACTUAL VALUE PRIOR TO REVIEW ACTUAL VALUE AFTER REVIEW COMMERCIAL 2,379,556 2.379,556 TOTAL 2,379,556 2,379,556 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 2015 to June 2016 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). STERLING PROPERTY TAX SPECIALISTS INC 950 S CHERRY ST SUITE 320 DENVER, CO 80246 itani JUN 3 02013 By 15 -OPT -AR PR 207-08/13 R2569303 APPEAL PROCEDURES County Board of Equalization Hearings will be held from July 30u' through August 3t'' 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.usjapvsl/cboe/ To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or beforawklulyir40 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.gov/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, a 39-1-120(3), G.R.S. PETITION TO COUNTY BOARD OF EQUALIZATION What is your estimate of the property's value as of June 30, 2016? (Your opinion of value in terms of a specific dollar am nt is required for real property pursuant to 4 39-8-106(1.5). C.R.S,) $ o7/ /3S, 9®L What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and arty supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc ) I, the undersi and o owner or chmen$s he Signature / ATTESTATION of the property identified above, affirm that the statements contained herein t complete. Telephone Number Date kid 5�t r •-1 Os • c a ►� Email Address 'Attach letter of authorization signed by property owner 15-DPT-AR PR 207.08113 82569303 August 2. 2018 M @ N O W M AUG 1 0 2018 0 Agent (if applicable) Petitoner STERLING PROPERTY TAX SPECIALISTS INC 950 S CHERRY ST SUITE 320 DENVER, CO 80246 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.co.weld.co.us 1150 O STREET P O. BOX 758 GREELEY CO 80632 MCR FARNSWORTH LLC CIO REAL STATE PROPERTY TAX PO BOX 1159 DEERFIELD. IL 60015-6002 RE: THE BOARD OF EQUALIZATION 2018, WELD COUNTY, COLORADO NOTICE OF DECISION Docket #: 2018-2249 Appeal #: 2008217937 Hearing Date: 8/2/2018 8:30 AM Dear Petitioner On the day indicated above, the Board of Courty Commissioners of Weld County Colorado convened and acting as the Board of Equalization pursuant to C.R.S. Section 39-8-101 et seq , considered petition for appeal of the Weld County Assessor's valuation of your property described above, for the year 2018. Account # Decision The Assessment and valuation is set as follows: Actual Value as Actual Value as Set by Determined by Assessor Board R2569303 Adjust - Denied in Part $2.379,556 $2,322,747 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 (31 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 Section 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, 2016, MUST comply with the following provisions of C.R.S. Section 39-8-107(5): (5)(a)(I) On and after August 10, 2011. 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 section 39-8-108(1) or a denial of an abatement of taxes pursuant to section 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. Section 39-8-108(1), the rules of Colorado appellate review and C.R.S. Section 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 Section 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. 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. Esther E. Gesick. Clerk to the Board Weld County Board of County Commissioners and Board of Equalization Cc: Christopher Woodruff, Weld County Assessor Hello