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Home My WebLink About20172428.tiffAugust 9, 2017 Petitioner: WINDSOR RENEWAL I LLC 252 CLAYTON ST 4TH FL DENVER, CO 80206-4800 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): DUFF & PHELPS 1200 17 STREET SUITE 990 DENVER, CO 80202 RE: THE BOARD OF EQUALIZATION 2017, WELD COUNTY, COLORADO NOTICE OF DECISION Docket #: 2017-2428 Appeal #: 2008216993 Hearing Date: 8/3/2017 3:00 PM 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 R6783084 Deny - Administrative Deny $2,068,782 $2,068,782 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, Esther E. Gesick, Clerk to the Board Weld County Board of County Commissioners and Board of Equalization Cc: Christopher Woodruff, Weld County Assessor From: Van Donselaar, Michael To: Esther Gesick; CTB-County Board of Eaualization Subject: CBOE Hearing - Admin Denials Requested Date: Tuesday, July 25, 2017 4:18:00 PM Esther, Thanks for your time on the phone. As we discussed, please accept our request for admin denials for these three accounts: R6783082 R6783083 R6783084 Thank you! Michael Van Donselaar Vice President, Property Tax T +1 303 749 9034 M +1 303 875 5471 Duff & Phelps, LLC 1200 17th Street Suite 990 Denver, CO 80202 michael.vandonselaar@duffandohelos,com. www.duffandoheins.com This email is confidential and subject to important disclaimers and conditions, including those regarding confidentiality, legal privilege and certain legal entity disclaimers, available at http://www.duffandphelps.com/disclosure. NOTICE OF DETERMINATION Christopher M. Woodruff Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTION/ PHYSICAL LOCATION R6783084 2017 0429 PT W2 & E2NE4 26-6-67 & PT E2NE4 27-6-6 7 EXC BEG N16 COR SEC 34 AND 35 S89D42' W THENCE N00D24'W 636.11' TPOB N89D59'W 1012.08' CURVE TO R (R=70.0') CHORD=N45D 00'W 98.98' N00D00'W 1844.75' CURVE TO R (R=70.0') CHORD=N44D59'E 99.01' S89D59' 2005 HOWARD SMITH AVE E WELD , CO PROPERTY OWNER WINDSOR RENEWAL I LLC 252 CLAYTON ST 4TH FL DENVER, CO 80206-4800 RECEIVED RECEIVED JUL 17 2017 WELD COUNTY COMMISSIONERS PROPERTY CLASSIFICATION ASSESSOR'S VALUATION ACTUAL VALUE PRIOR TO REVIEW ACTUAL VALUE AFTER REVIEW INDUSTRIAL 2,068, 782 2,068, 782 TOTAL $2,068,782 $2,068,782 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. Date of Notice: 6/30/2017 Telephone: (970) 353-3845 Fax: (970) 304-6433 Office Hours: 8:00AM - 5:00PM 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): DUFF & PHELPS 1200 17 STREET SUITE 990 DENVER, CO 80202 16-DPT-AR PR 207-08/13 R6783084 2017-2428 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: http://www.co.weld.co.us/apps/oboe/ 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.ciov/baa telephone number. Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day. § 39-1-120(3), C.R.S. PETITION TO COUNTY BOARD OF EQUALIZATION What is your estimate of the property's value as of June 30, 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.) $1,655,026 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.) Comparable sales support a lower valuation ATTESTATION I, the undersigned owner or agent' of the property identified above, affirm that the statements contained herein and on any attachments hereto are true and complete. 303-749-9005 7/10/2017 Signature charlie.young@duffandphelps.com Telephone Number Date Email Address 'Attach letter of authorization signed by property owner. 16-DPT-AR PR 207-08/13 R6783084 DUFF &PHELPS Weld County Board of Equalization 1150 0 Street, P.O. Box 758 Greeley, CO 80631 Subject: 2017 Board of Equalization Appeal for Windsor Renewal I LLC Dear Honorable Board: May 31,2017 As duly authorized agent of The Broe Group and its associated entity Windsor Renewal I LLC, Duff & Phelps LLC is hereby filing an appeal to the Weld County Board of Equalization for the 2017 values of the following accounts: Address: Great Western Ind. Schedule # / Parcel # 2017 Assessor Value D&P Requested Value R6783081 $621,339 $497,071 R6783082 $935,711 $748,569 R6783083 $504,540 $403,632 R6783084 $2,068,782 $1,655,026 Total $4,130,372 $3,304,298 Comparable sales support a lower valuation. Our authorization to appeal is attached. This notice of appeal is being sent via certified mail with tracking number 7017-0530-0001-0459-3922. If you have any questions, please feel free to contact me at 303-749-9034 or at michael.vandonselaar@duffandphelps.com. Sincerely, , Vag, D;rsiAL4k4 Mike Van Donselaar Vice President, Duff & Phelps, LLC Duff & Phelps, LLC 1200 17th Street Suite 990 Denver, CO 80202 r +1 303-749-9034 michael.vandonselaarc©duffandphelps.corn www.duffandphelps.com Apaointment of Aoencv for Prooertv Tax Matters Duff & Phelps, LLC to authorized to represent Broe Real Estate Services and its related entities with the assessment of property tax for the real property listed in Exhibit A_ Any and ail previous authorizations are hereby revoked. Duff & Phelps, LLC is authorized to act on our behalf in obtain ig and providing information, negotiating, settling and assessing for aR real property matters related to the property owned, possessed, or controlled by the undersigned at the referenced address(s). This agent is delegated full authority to act on the owner's behalf for al matters relative to assessments and to represent us, with the assistance of legal counsel, if necessary, in the appeal process, This appointment of agency remains in effect for tax year(s) 2017-2018 or until revoked in writing by Broe Real Estate Services or Duff & Phelps, LLC. All correspondence should be directed to the following: — Agent Name: t Van DonseIsar Mic Agent Company: Duff & Phelps, LLC Agent Address: 1200 17th Street, Suite 990 Denver, Colorado 80202 Agent Phone Number. (303) 749-9034 Signed Name: - r `_ \%2,,t- Printed Name: U.C's must be signed by a YsnagemI,mb.r Partnerships must b• signed by a General Partner Carporstions must be signed by an Dirks Trust* must be signed by the Trustee Name: KillidaSIIIIMMO Tide: MUM Signatory Title: THIS DOCUMENT MUST BE NOTARIZED MLQAAN\_e Broe alai total. IIIIIIIIIIIIIIIIIIIIII211i Clayton 211 CISyton St. Deny r. CO Resident* 362 Clayton 282 CW,Wn 51. Denver, CO Cilia f Rebid 110 South Steele 80 South Steele St. Denver, CO Office Country Club Darden 1001 E. Sayoud Ave. Denver, CO Multi -Forney Country Club Towers t 1001 E. Sayeud Ave Denver. CO JMufth.F.m4Y Caarlry Club Towers N & Ill tunas Development) 33 S. Downing St Denver. CO 6.4109 -Family ik 4tne 1001 1828 MINN* St, Denver, CO IUU•Fomiay OW CS Sulking 2005 Havant Smith Ave. Windsor, CO Office OWW C11 nothing 2005 Howard Smith Ave. Windsor. CO - induatl}s� IOIMR Land end Water . 2006 Howled Sndlh Ave, Windsor, CO k1duetelei Park §1IYR03 Ssvrana Shores 9713 County Reed 14 Severance, CO Lend WRD4 Greeley 2TT5 ?1st Ave Greeley, CO t.and 9001 Staeirwerl 9601 S{ackwes Rd. Rockville, MO Medical O1Aoe *Norwood Mom 1 N19 W24133 *Norwood Or. Powwulw. WI Office Itivsrwood Platy 2 , N17 W24222 RRvowood Or. PwaaukN, WI Odle* Totals erigilliffillaill 25001 Ceder Ave -Denver. CO pire-FemNy Ceder <` S. Ceder Ave tamer. CO Akeareds I[. Alameda Ave rarer. CO 2731 Moue* / E. Al ds Ave Alm* Bawer. CO I00 I Clown, Creek Q Creek 06 South Drive 50er, pelmet, CO tondo 400 S. Marron Parkway 410 S. Marton Street Parkway 52060 co bond, Kevhe'e Neese 1401 S. Penneyrvar * Street a0 'Fene4y 1270Weethovan / Wee9mven Clyde 13M lliaiaaven 1210 Weathaven CIn;1e Vall Cando 2 1320 W�, l amm Mt F Ls Condo )i034 RI PI r _CO CA Heuso Iii � Puss $rends La Mk. CA 31Ipdve CO t1 Road Gemmel all NelNt /rill Neely l eebds Yahrllso. east Ammo U SWIM Mar ■asbleallel to AA that's awes* Nine ireledl d bMnem r Exhibit A — List of Properties Represented by Duff & Phelps County Owner Entity Schedule Address Denver 252 Clayton Associates, LLC 05122-21-020-000 252 Clayton St. Denver Pierce Investments LTD 05125-09-009-000 50 S. Steele St. Denver 216 Clayton Street LLC 05122-21-026-000 216 Clayton St Denver 216 Clayton Street LLC 05122-21-027-000 220 Clayton St Denver Ogden Associates LTD. 05114-07-073-000 1001 E. Bayaud Ave. Denver Ogden Associates LTD. 05114-07-092-000 1101 E. Bayaud Ave. Denver Country Club Gardens Investments LTD 05114-07-082-000 12 S. Ogden St. Denver Country Club Gardens Investments LTD 05114-07-096-000 14 S. Ogden St. Denver Country Club Gardens Investments LTD 05114-07-097-000 15 S. Downing St. Denver Rock Solid Ground Investments LTD 05114-07-095-000 23 S. Downing St. Denver Skypark Partners LTD 02345-09-067-000 1801 Arapahoe St. Denver Skypark Partners LTD 02345-09-018-000 1820 Lawrence St. Weld Windsor Renewal I LLC R6783081 Weld Windsor Renewal I LLC R6783082 Weld Windsor Renewal I LLC R6783083 Weld Windsor Renewal I LLC R6783084 Weld Broe Land Acquisitions II LLC R6775979 32050 Great Western Drive Weld Broe Land Acquisitions n LLC R6775986 31525 Great Western Drive Weld Broe Land Acquisitions II LLC R6775992 31505 Great Western Drive Weld Broe Land Acquisitions II LLC R6781157 Weld Broe Land Acquisitions II LLC R6781140 Weld Broe Land Acquisitions II LLC R6786052 Weld Broe Land Acquisitions II LLC R6781159 Weld Broe Land Acquisitions II LLC R6781160 Weld Broe Land Acquisitions II LLC R6781162 Weld Broe Land Acquisitions 10 LLC R6775987 31840 Great Western Drive Weld Broe Land Acquisitions 10 LLC R6775991 31520 Great Western Drive Weld WRD3 SEVERANCE SHORES LLC R8943828 9713 County Road 74 Weld WRD3 SEVERANCE SHORES LLC R8943826 Weld WRD3 SEVERANCE SHORES LLC R6783083 Weld WRD3 SEVERANCE SHORES LLC R6783084 Weld WRD4 GREELEY PROPERTY LLC R3346405 2775 71st Ave Montgomery WELLBLACK 1 LLC 9601 Blackwell Waukesha RIVERWOOD CW LLC PWC 0949998008 N17W24222 Riverwood Dr Waukesha RIVERWOOD CW LLC PWC 0949998016 N19W24133 Riverwood Dr Denver BROE,PAULA A 0512413009000 2800 E. Cedar Ave Denver 2830 EAST CEDAR LLC 0512413005000 2830 E. Cedar Ave Denver PENNPROP I LLC 0512413013000 2805 E. Alameda Ave Denver PENNPROP I LLC 0512413027000 2731 E. Alameda Ave Denver 2500 East cherry Creek LLC 0512420131131 2500 Cherry Creek South Drive Denver MARPARK 1 LLC 0514215288288 460 S. Marion Street Parkway a Denver BROE HOLDINGS LLC 0522129024000 1401 S. Pennsylvania Street Eagle 1290 WESTHAVEN LLC R008212 1270 Westhaven Circle Eagle SI PARTNERS LTD R064969 1290 Westhaven Circle Eagle NEPTUNE PARTNERS LTD R010244 1320 Westhaven Drive, Millrac San Diego 346-362-18-10 8034 El Paseo Grande San Diego 346-072-04-00 8415 El Paseo Grande Arapahoe Tenancy In Common Broe/Hadji Family 031934826 39 Sedgwick Drive Platte SI PARTNERS LTD R0004531; R0004989 2612 Palmer Canyon Road tO �,�' NQ A. b. a o w (4.4kri N.2, ooh DUFF&PHELPS 4- O j7") ) O 0 m CO ''COO_ w, U o w _'a m N July 21, 2017 Petitioner: WINDSOR RENEWAL I LLC 252 CLAYTON ST 4TH FL DENVER, CO 80206-4800 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): DUFF & PHELPS 1200 17 STREET SUITE 990 DENVER, CO 80202 RE: THE BOARD OF EQUALIZATION 2017, WELD COUNTY, COLORADO NOTIFICATION OF HEARING SCHEDULED Docket #: 2017-2428, AS0097 Appeal #: 2008216993 Hearing Date: 8/2/2017 3:00 PM Account(s) Appealed: R6783084 Dear Petitioner(s): The Weld County Board of Equalization has set a date of AUGUST 2, 2017, at or about the hour of 3:00 PM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Administration Building, Assembly Room, 1150 O Street, Greeley, Colorado. You have a right to attend this hearing and present evidence in support of your petition. The Weld County Assessor or his designee will be present. The Board will make its decision on the basis of the record made at the aforementioned hearing, as well as your petition, so it would be in your interest to have a representative present. If you plan to be represented by an agent or an attorney at your hearing, prior to the hearing you shall provide, in writing to the Clerk to the Board's Office, an authorization for the agent or attorney to represent you. If you do not choose to attend this hearing, a decision will still be made by the Board by the close of business on August 5, 2017, and mailed to you within five (5) business days. Because of the volume of cases before the Board of Equalization, most cases shall be limited to 10 minutes. Also due to volume, cases cannot be rescheduled. It is imperative that you provide evidence to support your position. This may include evidence that similar homes in your area are valued less than yours or you are being assessed on improvements you do not have. Please note: The fact that your valuation has increased cannot be your sole basis of appeal. Without documented evidence as indicated above, the Board will have no choice but to deny your appeal. If you wish to obtain the data supporting the Assessor's valuation of your property, please submit a written request directly to the Assessor's Office by fax (970) 304-6433, or if you have questions, call (970) 353-3845. Upon receipt of your written request, the Assessor will notify you of the estimated cost of providing such information. Payment must be made prior to the Assessor providing such information, at which time the Assessor will make the data available within three (3) working days, subject to any confidentiality requirements. Please advise me if you decide not to keep your appointment as scheduled. If you need any additional information, please call me at your convenience. Very truly yours, BOARD OF EQUALIZATION Esther E. Gesick Clerk to the Board Weld County Board of County Commissioners cc: Christopher Woodruff, Assessor Hello