HomeMy WebLinkAbout20172466.tiffAugust 9, 2017
Petitioner:
CHICK-FIL-A INC
WILSON & FRANCO
11000 RICHMOND AVE STE 350
HOUSTON, TX 77042-6702
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):
PARADIGM TAX GROUP LLC
383 INVERNESS PARKWAY SUITE 120
ENGLEWOOD, CO 80112
RE: THE BOARD OF EQUALIZATION 2017, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket #: 2017-2466 Appeal #: 2008217028 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
R6781136 Stipulated - Approved
Stipulated Value
$1,767,847 $1,701,072
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 sOpport of your valuation. If the decision of the District Court is fiirther
appealed to the Court of Appeals puruant to C.R.S. Section 39-8-108(1), the rules of Colorado app?llate
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
COUNTY BOARD OF EQUALIZATION
WELD COUNTY
Single County Schedule Number 86781136
•711 Saw. •Y'. t et'•a 4: ii 1. as i 444,04 9.'4.0 4a
STIPULATION (As To Tax Year 2017_ Actual Value)
RE PETITION of :
NAME: CUIC -FIL-A INC
ADDRESS: 4555 Centerplace Dr
Greeley, CO
• • _._ 1..+4 j's'0't•r=warts .e a+rt+W• r e • P• • is • ........ •. e•. I "ra %t.+ g-e+lra • • •+ V•l•°IP` •,f o.r "W se*.a..4++ t t —.4• rim .•.,•.,a.■'••tea e,s..INS e" it
Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation
regarding the tax year 2017 valuation of the subject property, and jointly move the Board
of Equalization to enter its order based on this Stipulation,
Petitioner (s) and Assessor agree and stipulate as follows:
1, The property subject to this Stipulation is described as:
LOT 4 CENTERPLACE 3RD FO 1ST RPLT
LT
2. The subject property is classified as commercial property.
3. The County Assessor originally assigned the following actual value to the
subject property for the tax year 2017:
Total $1,767,847,00
4, After further review and negotiation, Petitioner (s) and Weld County Assessor
agree to the following tax year 2017 actual value for the subject property:
Total S1,701,072,00
5. The valuation, as established above, shall be binding only with respect to tax
year 2017.
6. Brief narrative as to why the reduction was made:
Further review of all approaches to value indicated an adjustment.
7. Both parties agree that:
ZThe hearing scheduled before the Board of Equalization on 8/3/2017 at
9:00 AM be vacated.
R6781136
0A hearing has not yet been scheduled before the Board of Equalization.
1
D TED this
Pe#ifioner(s} or
0Th day of July, 2017.
Attorney
Telephone: 7zo, Qat
Docket Number
Stipal•Frm
R6781136
Assistant) County ttor ey I
Respondent, Weld County Board of .
Commissioners
Address:
1150 "O" Street
P.O. Box 758
Greeley, CO 80632
Tele hone:(970) 336-7235
C
ti
ere 4111
County Ass w ss
Address:
1400 N.17th Avenue
Greeley, CO 80631
Telephone: (970) 353 845 ext. 3697
2
NOTICE OF DETERMINATION
Christopher M. Woodruff
Weld County Assessor
1400 N 17th Ave
Greeley, CO 80631
Date of Notice: 6/30/2017
Telephone: (970) 400-3650
Fax: (970) 304-6433
Office Hours: 8:00AM — 5:00PM
ACCOUNT
NO.
• TAX
YEAR
i
TAX AREA
LEGAL
DESCRIPTION/
PHYSICAL
LOCATION
R6781136
2017
0683
LOT 4 CENTERPLACE
4555 CENTERPLACE
3RD FG 4S7
DR
RFLT
PROPERTY OWNER
CHICK-FIL-A
WILSON
11000 RICHMOND
HOUSTON,
& FRANCO
INC
AVE STE 350
TX 77042-6702
RE
C
9 V E
D
GREELEY , CO
JUL182017
V
WELD
COUNTY
COMMISSIONERS
PROPERTY
CLASSIFICATION
ASSESSOR'S
VALUATION
ACTUAL
VALUE
REVIEW
PRIOR
TO
ACTUAL
VALUE
REVIEW
AFTER
COMMERCIAL
1,767,847
1,767,847
$1,767,847
$9,767,847
TOTAL
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, § 39-81106(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):
PARADIGM TAX GROUP LLC
383 INVERNESS PARKWAY SUITE 120
ENGLEWOOD, Co 80112
16 -OPT -AR
PR 207-D8/13
R6791136
2017-2466
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.usiappsithoe,/
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
1313 Sherman Street, Room 315
Denver, CO 80203
(303) 866-5880
wwwcd orac.colo rado.goy/boa
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, § 9-1-120(3), C.R.S.
District Court
Contact the District Court in the County
where the property is located. See your
local telephone book for the address and
telephone number.
PETITION TO COUNTY BOARD OF EQUALIZATION
What is your mate of the property's value as of June 30, 2016? (Your opinion of value in terms of a
sp cifie_ t as ,urn ii -for real property pursuant to § 39-8-106(1.5), C.R.S.)
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.)
ATTESTATION
unders igned ner or ages' of the property identified above, affirm that .the state,ents contained herein
pn any alt cI flentshereto are true and complete.
/2"11(g
nature
Emadl Address
'Attach letter of authorization signed by property owner
Telephone I` rnber
o -9,9/7 -
Th/t
Date
16-DPT-AR
PR 207-08/13
85781136
Para
383 Inverness Pkwy
igrn Suite 120
Englewood, CO 80112
May 17, 2017
Chris Woodruff
Weld County Assessor
PO Box 758
Greeley CO 80632
RE: Parcel/Schedule No. 095 1431 9001 (86781136)
Parcel Address: 4555 Centerplace Dr
To Whom om It May Concern:
720.930.4846 Phone
www.paradigmtax.com
Attached is the Assessor printout for the above referenced schedule number, Subject property
proposed value for 2017 is $1,767,847 or $399/ F. This letter hereby protests the 2017 value.
Attached is an agent authorization.
Subject property is a 4,426 square foot fast food restaurant built in 2014.
The subject property increased 124% from the 2015-62016 assessment. Based on comparable fast
food restaurants, we recommend a value of $1,368,075 or 309/ F.
Y./ciiesvectfu:IIv r'C(Juem subject be reduced to $1.,368,075 r S309/SF.
Thank you in advance for your help and consideration
Sincerely,
Rebecca FIc
Paradigm Tax Group
LETTER OF AUtLJO'R1 l4TLQ '1
TO; Weld County Assessor and others to whom it may concern
RE: Chick+Fil-A Inc 4555 Centerplace Dr - 095914319001/R6781136
This letter will introduce the firm of Paradigm Tax Group, which is authorized to represent
Ghick'Fil-A Inc concerning Ad Valorem Taxes on real property for 2017a18. This authorization letter will
supersede any previous levers of authorization on file.
Paradigm Tax Group is authorized to review and receive copies of any current and prior years property
tax information, to investigate appraisals and assessments, to submit income and expense information, to
appeal property values and taxes, to receive tax bills, to make any necessary corrections to the taxing
authority's records, to appear before administrative boards or agencies and where authorized, to appear
before courts of competent jurisdiction and to prepare to take such actions in our offices as necessary to
effectuate same. Paradigm Tax Group is authorized to act as agent, and/or attorney in fact, with those
aforementioned rights on this property owned or controlled by the undersigned entity
A photographic or facsimile copy of this authorization and my signature may be deemed to be the equivalent
of the original or may be used as a duplicate original.
The rights, powers, and authorization of Paradigm Tax Group herein granted shall commence upon the
execution of this letter of authorization.
ACCEPTED:
Chick -Fit -A Inc
Signature: cr=-
Print Name: sisl/a' /C4 —
Date:
/ j'
WELD COUNTY ASSESSOR
CHRISTOPHER M. WOODRUFF
1400 N 17TH AVE
GREELEY, CO 80631
DATE: May 1, 2017
ACCOUNT NUMBER
R6781136 y 2017
CHICK-FIL-A INC
WILSON & FRANCO
11000 RICHMOND AVE STE 350
HOUSTON TX 77042-6702
CI ASSIFI CATION
COMMERCIAL
2017 REAL PROPERTY NOTICE OF VALUATION
Phone: (970) 4004650, Fax: (970) 304-6433
Office Hours: 8:00 a..m..- 5:00 p.m. M -F
appeals@weldgov.ecm
W WW.We1dgOv.:com
TAXPAYER COPY
TAX AREA CODE I PROPERTY DESCRIPTION (MAY NOT BE COMPLETE)
0663
r
f �t a ; •
095914319001
LOT 4 CENTERPLACE 3RD FG 1ST RPLT
PRIOR YEAR ACTUAL VALUE I CURRENT YEAR ACTUAL V Pl UL
1,470, 100
1,476,100
1:767,847
1,767,847
OH - CNAFJRF
+201,747
+291,747
Using the above values, the estimated tax based on the prior year value was $31,949,
Using the above values, the estimated tax based on the current value Is $00,144,
This results in an Increase of +$6,295. This estimate is based an 2016 tax rates. You will receive a tax bill in 2018.
The current yea. tax amount Is merely an estimate based upon the best information available. You have the right to protest the adjustment in
valuation, but not else estimate of taxes, 39-5-12 1(1.5). C.R.S.
PROPERTY CHARACTERISTICS
For specific property characteristic details, please see the Building Information and Valuation Information Tabs on your Property Report.
PLEASE REFER TO THE HACK OF THIS FORM FOR GENERAL INFORMATION CONCERNING YOUR PROPERTY VALUATION AND YOUR APPEAL RIGHTS,
5343
Paradigm
383 Inverness Parkway
Suite 120
Englewood, CO 80112
Beth Diehl
Managing Cvnsuflani
bdiehl@paradigmta.x.com
Phone 720,381.2247
Cell 72O 334 3844
Wtvw. ParsWgmtac.eonl
Paradiigm Tait Group,
383 Inverness Parkway
Suite 12O
Englewood, CO 80112
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Weld County Board of Equalization
1150 O Street
P.O. Box 758
Greeley, Co 80631
7016 1370 IU001 899 4 Q435
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