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HomeMy WebLinkAbout20172479.tiffRyan#) September 7, 2017 Certified Receipt 7016 0910 0001 0623 4567 Colorado Board of Assessment Appeals Attn: Appeals 1313 Sheiman Street, Room 315 Denver, CO 80203 RECEIVED SE 11201, WELD COUNTY COMMISSIONERS 7979 E Tufts Avenue Suite 1500 Denver, Colorado 80237 Main 720.524.0022 Fax 720.524.0651 www.ryan.com Re: 2017 Petitions to the State Board of Assessment Appeals Enclosed are 2017 Petitions for the taxpayers and schedule numbers listed below. We have not enclosed payment, please email the confirmation code to us so that we can pay via credit card. The email address is: audria.eisenachrrvan.corn Tax Payer Parcel Realty Income Corporation R4762986 REALTY INCOME CORPORATION R7053098 Circle K Stores Inc R5610086 FURNITURE ROW COLO LLC R3920305 Hexcel Corporation R6775983 Loves Hospitality LLC R8943247 VALUE PLACE DENVER CO N FIRESTONE L R4697107 If you have any questions, or need additional information, please contact Mr. Matt Poling at (720) 524-0022. Sincerely, Audria Eisenach Senior Analyst Attachments cc: Weld County BOE File C'f t. _' ( r - SS Li 7 9 0 0 < 7 Camping World - K&C RV Centers Longmont PETITION TO STATE BOARD OF ASSESSMENT APPEALS 1313 Sherman Street, Room 315 Phone: (303) 864-7710 Denver, Colorado 80203 Fax: (303) 864-7719 Date: 9/8/2017 Property Owner: Realty Income Corporation subject Property: 14504 1-25 Frontage RD & 4048 CAMELOT CIR Longmont Schedule Number(s): Attach separate sheet if necessary Street Address City R4762986 & R7053098 Appeals the decision of the WELD County ElBoard of Equalization ['Board of Commissioners ❑State Property Tax Administrator This appeal concerns:El Valuation O Refund/Abatement O Exemption O State Assessed The subject property is currently classified as: ❑ Agricultural Ei Commercial O Mixed -Use O Oil & Gas O Non -Exempt (or Partially Non -Exempt) ['Vacant Land O Residential 0 State Assessed O Personal Property ❑Other: For Office Use Only Fee: Docket No. y N Check/Credit Card St P F H Dated: 8/10/2017 Tax Year: 2017 The subject property should be classified as (if different than the current classification): Actual value assigned to subjectproperty:6 043 886 3,835,000 g , Petitioner's estimate of value: Estimated time for Petitioner to present the appeal: minutes or 4 hours. Not less than 30 minutes. Board will allow equal time to County or Property Tax Administrator_ Appearance: ❑Petitioner will be present at the hearing Petitioner will be represented by an agent ['Petitioner will be represented by an attorney ❑ Petitioner will appear by telephone Petitioner is responsible for calling the Board at 303-864-7710 on the scheduled date and time of the hearing (Mountain Time Zone) ❑ Petitioner would like to appear by video conference Petitioner must contact the Board at 303-864-7710 at least 21 days in advance of the scheduled hearing to confirm availability of video conference equipment If the properly owner is an entity, it must appear under the representation of an attorney licensed in Colorado except as follows: A dosely 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, CRS. 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 Filing Fee: ['None ❑ $33.75 Petitioner is appearing pro se (self -represented) and has not filed more than two petitions with the Board of Assessment Appeals during this fiscal year (July 1 — June 30). Petitioner is appearing pro se (self -represented) and has filed more than two petitions with the Board of Assessment Appeals during this fiscal year (July 1— June 30). $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: The property is valued in excess of fair market value based on the three approaches to value; cost, market and income. In addition the property is valued in excess of other similarly situated properties. Required attachments to this form: CI Assessor's or Property Tax Administrator's Notice of Valuation or Notice of Denial Decision of County Board of Equalization, County Board of Commissioners or Property Tax Administrator Attachments required under certain circumstances: QA notarized Letter of Authorization if an agent will be representing Petitioner ❑A list of names, last known addresses and telephone numbers of co -owners or parties directly interested in the subject property if applicable. Certificate of Service I hereby 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: WELD Board of Equalization O Board of Commissioners County O State Property Tax Administrator at the following address: 1150 O Street, PO BOX 758, Greeley, CO 80632 on 9/8/2017 Date I hereby 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 all co -owners or parties directly interested in the subject property on 9/8/2017 Date I hereby certify that four (4) true and correct copies of the foregoing Petition to the State Board of Assessment Appeals and attachments were mailed or hand delivered to the Board of Assessment Appeals at 1313 Sherman Street, Room 315, Denver, CO 80203 on 9/8/2017 Date (One copy may be faxed to the Board but the original and two additional copies must be mailed or hand delivered.) PETITIO NEtMAApjNG ADDRESS IS REQUIRED EVEN IF PETITIONER IS REPRESENTED BY AN AGENT OR ATTORNEY Signature of Agents or A Ryan LLC c/o Matt Selling Printed Name 7979 E Tufts Ave, Suite 1500 Mailing Address Denver, CO 80237 City, State, Zip Code Telephone: 720.524.0022 E -Mail: matt.selling selling@ryan.com Signature of Petitioner Realty income Corporation Printed Name 14504 1-25 Frontage Rd Mailing Address Longmont, CO 80504-9626 City, State, Zip Code Telephone: E -Mail: Daytime number 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 internet at www,dola_Colorado.gov/baa or may be requested by phone at 303-864-7710. a,,,,— L-Allvpiltr):S)f)./ LA - r.C_, K (./eokci. A c:10O`Q r 1.--,- iM on CLERK TO THE BOARD O PHONE (970) 400-4226 b�� Y O �•vr^-� FAX (970) 336-7233 A5 �/1,� �'� WEBSITE: www.co.weld.co.us Q- 1150 O STREET NIC P.O. BOX 758 GREELEY CO 80632 August 10, 2017 Agent (if applicable): Petitioner: RYAN 7979 E TUFTS AVE SUITE 1500 DENVER, CO 80237-2843 REALTY INCOME CORPORATION C/O K & C RV CENTERS LLC 14504 1-25 FRONTAGE RD LONGMONT, CO 80504-9626 RE: THE BOARD OF EQUALIZATION 2017, WELD COUNTY, COLORADO NOTICE OF DECISION Docket #: 2017-2479 Appeal #: 2008217023 Hearing Date: 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. 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 2017. Account # Decision The Assessment and valuation is set as follows: Actual Value as Actual Value as Set by Determined by Assessor Board R7053098 Deny - Administrative Deny $3,276,000 $3,276,000 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. 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. 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, az7Le Esther E. Gesick, Clerk to the Board Weld County Board of County Commissioners and Board of Equalization Cc: Christopher Woodruff, Weld County Assessor August 10, 2017 Agent (if applicable): Petitioner: RYAN 7979 E TUFTS AVE SUITE 1500 DENVER, CO 80237-2843 w o 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 REALTY INCOME CORPORATION C/O K & C RV CENTERS LLC 14504 1-25 FRONTAGE RD LONGMONT, CO 80504-9626 RE: THE BOARD OF EQUALIZATION 2017, WELD COUNTY, COLORADO NOTICE OF DECISION Docket #: 2017-2480 Appeal #: 2008217008 Hearing Date: 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. 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 2017. Account # Decision The Assessment and valuation is set as follows: Actual Value as Actual Value as Set by Determined by Assessor Board R4762986 Deny - Administrative Deny $2,772,880 $2,772,880 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. 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. 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, 1/4,(4A Esther E. Gesick, Clerk to the Board Weld County Board of County Commissioners and Board of Equalization Cc: Christopher Woodruff, Weld County Assessor NOTICE OF DETERMINATION Christopher M. Woodruff Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 Date of Notice: 6/30/2017 Telephone: (970) 353-3845 Fax: (970) 304-6433 Office Hours: 8:00AM — 5:00PM ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTION/ PHYSICAL LOCATION R4762986 2017 2309 PT NW4 23-3-68 LOT A REC EXEMPT RE -607 (3.25R) 14504 INTERSTATE 25 FRONTAGE RD WELD , CO PROPERTY OWNER REALTY INCOME CORPORATION C/O K & C RV CENTERS LLC 14504 I-25 FRONTAGE RD LONGMONT, CO 80504-9626 PROPERTY CLASSIFICATION ASSESSOR'S VALUATION ACTUAL VALUE PRIOR TO REVIEW ACTUAL VALUE AFTER REVIEW COMMERCIAL 2772 880 2772 880 TOTAL $2,772,880 $2,772,880 fA he ssessor 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): RYAN 7979 E TUFTS AVE SUITE 1500 DENVER, CO 80237-2843 16 -OPT -AR PR 207-08/13 R4762986 APPEAL PROCEDURES County Board of Equalization Hearings will be held from July 24th through August 4th at 1150 0 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 80.631 Telephone: (970) 356-4000 ext, 4225. Online: http://www.co.vveCd.co.us/appsjcboe/ 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.00vlbaa 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, 2016? (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.) $ 1,835,000 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.) The subject property is valued in excess of fair market value based on the three approaches to value; cost, market, and income. In Addition, the property is value din excess of other similarly situated properties. ATTESTATION I, the undersigned owner argent' of the property identified above, affirm that the statements contained herein and on a , attathme is bereto are true and complete. 0 i 0, 303-222-1858 7/14/2017 / 4/2017 Signature Matt Selling ( > Telephone Number Date matt.selling@ryan.com Email Address Attach letter of authorization signed by property owner. 16-DPT-AR PR 207-08/13 R4762986 lWJ l� r�.� ✓l 1 -- NOTICE OF DETERMINATION Christopher M. Woodruff Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 Date of Notice: 6/30/2017 Telephone: (970) 353-3845 Fax: (970) 304-6433 Office Hours: 8:00AM — 5:00PM ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTION/ PHYSICAL LOCATION R7053098 2017 2309 RAD L14 BLK1 RADEMACHER BUSINESS PARK P UD AMD PLAT 4048 CAMELOT CIR WELD , CO PROPERTY OWNER REALTY INCOME CORPORATION O/O K & C RV CENTERS LLC 14504 1-25 FRONTAGE RD LONGMONT, CO 80504-9626 PROPERTY CLASSIFICATION ASSESSOR'S VALUATION ACTUAL VALUE PRIOR TO REVIEW ACTUAL VALUE AFTER REVIEW COMMERCIAL 3,276,000 3,276,000 TOTAL $3,276,000 $3,276,000 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: CMO5 - 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): RYAN 7979 E TUFTS AVE SUITE 1500 DENVER, CO 80237-2843 16 -OPT -AR PR 207-08/13 R7053098 APPEAL PROCEDURES County Board of Equalization Hearings will be held from July 24th through August 4u' 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: http://www.co.weid.co.us/apps/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.color ado .govibaa 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, 2016? (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.) $ 2,000,000 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, Le., comparable sales, rent roll, original installed cost, appraisal, etc.) The subject property is valued in excess of fair market value based on the three approaches to value; cost, market and income. In addition, the property is valued in excess of other similarly situated properties. ATTESTATION I, the undersigned owner, -or agent' of the property identified above, affirm that the statements contained herein and n -any attad !ter(hereto are true and complete. 303-222-1858 7/14/2017 Signature Matt Selling `\ Telephone Number Date matt.selling@ryan.com Email Address ' Attach letter of authorization signed by property owner. 16-DPT-AR PR 207-08/13 R7053098 LETTER OF AUTHORIZATION FOR PROPERTY TAX REPRESENTATION K&C RV Centers, LLC (Lessee) Property Owner See Attached List Subject Property Weld County, CO Jurisdiction and State 2017/2018 Year This letter authorizes Ryan, LLC and its affiliate, Ryan Tax Compliance Services, LLC to represent the above -named property as its property tax agent in the jurisdiction and state named above. This authorization includes, but is not limited to: filing property renditions or returns; signing and filing appeals; examining property tax records; and, appearances before the assessor, boards of equalization or review, or other governmental agencies responsible for the assessment of property. If there are any questions concerning this authorization please contact the following: Matt Selling, 720.524.0022, matt.selling@ryan.com A copy of any application or appeal attached to this authorization has been provided to the undersigned property owner. A facsimile or scanned image of a signature below shall constitute an original signing of this authorization and the document containing the original signature will be submitted upon request. This authorization shall remain effective as long as permitted by law or until revoked in writing by the owner. The person signing below certifies that they are a duly appointed officer, representative or agent of the owner and that they have the legal capacity to execute this authorization. Propertyt.O rvner: (&Ck RV Centers, LLC me =f F i fg r Signatures Chief Opertaing & Legal Officer Printed Name Date Title Sworn and subscribed before me this day of Client: Camping world (R -Complex) Site: K & C RV Centers Longmont Notary ' ubli My commission expires: , 2017. OFFICIAL SEAL KIMBERLEY DUNLEVY Notary public - State of Illinois My Cor►Imisslon Expires 05/21/2019 Realty Income Corporation — Property List Site Address Parcel Jurisdiction State K&C RV Centers Longmont 14504 I-25 Frontage RD, Weld 120723000018 Weld County CO K&C RV Centers Longmont 4048 CAMELOT CIR 120723202014 Weld County CO K&C RV Centers Longmont 145041-25 FRONTAGE RD 120723203012 Weld County CO August 9, 2017 Petitioner: REALTY INCOME CORPORATION C/O K & C RV CENTERS LLC 14504 1-25 FRONTAGE RD LONGMONT, CO 80504-9626 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 Agent (if applicable): RYAN 7979 E TUFTS AVE SUITE 1500 DENVER, CO 80237-2843 RE: THE BOARD OF EQUALIZATION 2017, WELD COUNTY, COLORADO NOTICE OF DECISION Docket #: 2017-2479 Appeal #: 2008217023 Hearing Date: 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. 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 2017. Account # Decision The Assessment and valuation is set as follows: Actual Value as Actual Value as Set by Determined by Assessor Board R7053098 Deny - Administrative $3,276,000 $3,276,000 Deny 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. 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. 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, az7Le Esther E. Gesick, Clerk to the Board Weld County Board of County Commissioners and Board of Equalization Cc: Christopher Woodruff, Weld County Assessor From: Wade MeliQs To: Esther Gesickc Chloe Renloel Subject: CBOE Appeals scheduling Date: Friday, July 21, 2017 1:54:19 PM Attachments: imaae001.onq Here are 8 Admin Deny's for Ryan. Wade From: Poling, Matthew [mailto:matt.poling@ryan.com] Sent: Friday, July 21, 2017 1:53 PM To: Wade Melies <wmelies@weldgov.com> Subject: RE: CBOE Appeals scheduling Wade, Per our discussion, we'd like to request administrative denials for the parcels listed below as well as parcel R8073200. If you have any questions, please let me know. Thanks Wade, Matt Matthew Poling, CPA* Principal, Property Tax Commercial Property Tax - Parent Ryan 303.222.1845 Direct 720.524.0022 Ext. 21-2259 303.246.6647 Mobile *Ryan is not a CPA Firm From: Wade Melies [mailto:wmelies(aweldgov.com.] Sent: Thursday, July 20, 2017 2:48 PM To: Poling, Matthew Subject: CBOE Appeals scheduling Matt Should I tell the scheduling people to schedule hearings for the below properties? Taxpayer Parcel 3 Realty Income Corporation 120723000018 REALTY INCOME CORPORA I'IO �20723202014 Circle K Stores Inc 131310160033 FURNITURE ROW COLA LLC • .F140920-305 Hexcel Corporation ` R6775983 Loves Hospitality LLC R8943247 VALUE PLACE DENVER CO N FIRESTONE L 84697107 Thanks Wade Wade J. Melies Commercial Appraiser Weld County Assessor's Office 970-400-3672 c2o17- a179 wmeliesna weldgov.com wmeliesaco.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. rhe;)(JJ tic(— (--C≥V Cnc {u�/I 4 --- NOTICE OF DETERMINATION Christopher M. Woodruff Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 RECEIVED JUL 1 8 2017 WELD COUNTY Date of Notice: 6/30/2017 Telephone: (970) 353-3845 Fax: (970) 304-6433 Office Hours: 8:00AM — 5:00PM ACCOUNT NO. v./\./l TAX YEAR i/1, d11 V V h. l TAX AREA l L.7 K.J LEGAL DESCRIPTION/ PHYSICAL LOCATION R7053098 2017 2309 RAD L14 BLK1 RADEMACHER BUSINESS PARK P UD AMD PLAT 4048 CAMELOT CIR WELD , CO PROPERTY OWNER REALTY INCOME CORPORATION C/O K & C RV CENTERS LLC 14504 1-25 FRONTAGE RD LONGMONT, CO 80504-9626 PROPERTY CLASSIFICATION ASSESSOR'S VALUATION ACTUAL VALUE PRIOR TO REVIEW ACTUAL VALUE AFTER REVIEW COMMERCIAL 3,276,000 3,276,000 TOTAL $3,276,000 $3,276,000 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. Ifyou are concerned about mill levies, we recommend that you attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the local taxing authorities. Please refer to the reverse side of this notice for additional information. Agent (If Applicable): RYAN 7979 E TUFTS AVE SUITE 1500 DENVER, CO 80237-2843 16-DPT-AR PR 207-08/13 R7053098 2017-2479 1 APPEAL PROCEDURES County Board of Equalization Hearings will be held from July 24th through August 4th 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: htt://www.co.weld.co.us/apps(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.govlbaa 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, 2016? (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.) $ 2,000,000 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.) The subject property is valued in excess of fair market value based on the three approaches to value; cost, market and income. In addition, the property is valued in excess of other similarly situated properties. I, the undersign and iany Signature Matt Selling matt.selling@ryan.com ATTESTATION r agent' of the property identified above, affirm that the statements contained herein reto are true and complete. 303-222-1858 7/14/2017 Telephone Number Date Email Address 'Attach letter of authorization signed by property owner. 16-DPT-AR PR 207-08/13 R7053098 LETTER OF AUTHORIZATION FOR PROPERTY TAX REPRESENTATION K&C RV Centers, LLC (Lessee) Property Owner See Attached List Subject Property Weld County, CO Jurisdiction and State 2017/2018 Year This letter authorizes Ryan, LLC and its affiliate, Ryan Tax Compliance Services, LLC to represent the above -named property as its property tax agent in the jurisdiction and state named above. This authorization includes, but is not limited to: filing properly renditions or returns; signing and filing appeals; examining property tax records; and, appearances before the assessor, boards of equalization or review, or other governmental agencies responsible for the assessment of property. If there are any questions concerning this authorization please contact the following: Matt Selling, 720.524.0022, matt.selling@ryan.com A copy of any application or appeal attached to this authorization has been provided to the undersigned properly owner. A facsimile or scanned image of a signature below shall constitute an original signing of this authorization and the document containing the original signature will be submitted upon request. This authorization shall remain effective as long as permitted by law or until revoked in writing by the owner. The person signing below certifies that they are a duly appointed officer, representative or agent of the owner and that they have the legal capacity to execute this authorization. Property,O vner: I :mil Signature Chief Opertaing & Legal Officer ,K8,94 RV Centers, LLC Printed Name / fri Date Title Sworn and subscribed before me this ! f day of Client: Camping world (R -Complex) Site: K & C RV Centers Longmont Notary "ublic My commission expires: 5-n) - tq , 2017. OFFICIAL SEAL KIMBERLEY DUNLEVY Notary Public - State of Illinois My Commission Expires 05/21/2019 Realty Income Corporation — Property List Site Address Parcel Jurisdiction State K&C RV Centers Longmont 14504 1-25 Frontage RD, Weld 120723000018 Weld County CO K&C RV Centers Longmont 4048 CAMELOT CIR 120723202014 Weld County CO K&C RV Centers Longmont 145041-25 FRONTAGE RD 120723203012 Weld County CO FOla Innovative Solutions o Taxing Problems. mO July 14, 2017 CERTIFIED RETURN RECEIPT 7016 0910 0001 0623 4314 Weld Board of Equalization P. O. Box 758 Greeley, CO 80631 Re: 2017 Property Protests 7979 E. Tufts Avenue Stanford Place II Suite 1500 Denver, CO 80237 Tel. 720.524.0022 Fax 720.524.0651 www.ryan.com Enclosed are the 2017 Objection to Real Property Assessments for the following taxpayers and parcels numbers: Taxpayer I Parcel Realty Income Corporation ' 120723000018 REALTY INCOME CORPORATION 120723202014 I Circle K Stores Inc I FURNITURE ROW COLO LLC R3920305 Hexcel Corporation R6775983 Loves Hospitality LLC R8943247 VALUE PLACE DENVER CO N FIRESTONE L R4697107 131310100033 1 If you have questions, or need additional information, please contact Mr. Matthew Poling at (720) 524- 0022. Sincerely, Audria Eisenach Senior Analyst tl�{kttJ{.,{,tf►r{lrrl►�{{rvllllgrrls{trhttll1El111 Illll UJUTI II IIIII l 11111111111111111 7016 0910 0001 0623 4314 Ryan) 7979E Tufts Avenue Suite 1500 Denver, Colorado 80237 Weld Board of Equalization P. O. Box 758 Greeley, CO 80631 k.—=111521! N IP :008.1 0004725442 JUL 14 2 LED FROM LIP CODE 4O Hello