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Home My WebLink About20162338.tiffAugust 5, 2016 Petitioner: PMC MILLIKEN LLC 5000 VASQUEZ BLVD DENVER, CO 80216-3029 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): STEVENS & ASSOCIATES COST REDUCTION SPEC 9635 MAROON CIRCLE SUITE 450 ENGLEWOOD, CO 80112-5902 RE: THE BOARD OF EQUALIZATION 2016, WELD COUNTY, COLORADO NOTICE OF DECISION Docket #: 2016-2338 Appeal #: 2008211224 Hearing Date: 8/4/2016 10:00 AM 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 2016. The Assessment and valuation is set as follows: Actual Value as Actual Value as Account # Decision Determined by Assessor Set by Board R3252104 Stipulated - Approved Stipulated Value $2,277,750 $2,150,000 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 �D!(Q AS o09 t 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, eetz;;Le 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 2016-2338 STIPULA'l'[ON (As To Tax Year_201.6_ Actual Value) RE PETITION OF :R3252104 NAME: P1vMC Milliken LLC ADDRESS: 2600 Center Dr. Milliken, CO Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation regarding the tax ycar 2016 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: I I. The property subject to ibis Stipulation is described as: L2 BLK1 FRONTIER COMMERICAL CENTER REPLAT C 2. The subject property is classified as commercial property. 3. 'l'he County Assessor originally assigned the following actual value to the subject property for the tax year 2016: Total $2,277,750.00 4. Alter further review and negotiation, Petitioner (s) and Weld County Assessor agree to the following tax year 2016 actual value for the subject property: Total $2,150,000.00 5. The valuation, as established above, shall be binding only with respect to tax year 2016. 6. Brief narrative as to why the reduction was made: A review of all approaches to value indicated an adjustment. 7, Both parties agree that: The hearing scheduled before the Board of Equalization on 8/4/2016 at 9:0t) AM be vacated. 2016-2338 flA hearing has not yet been scheduled before the Board of Equalization. 1 020th:1-0733g A• d es DA` 'lam c 2 Oa cit iply, 2016, Ptt tio n s) ©r gent r Attomey (Assistant) County Attorney for Respondent, Weld County Board of Commissioners Address: ► - 1150 "0" Street P.C. Box 758 Mira Greeley, CO 80632 Telephone t. 8. irf Docket Number 2016-2338 Stip-I .Frm 2016-2338 Telephone:(970) 336-7235 Ate County As - ssor Address: 1400 N,17th Avenue Greeley, CO 80631 Telephone: (970) 353-3845 ext. 3697 2 Christopher M. Woodruff Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 NOTICE OF DETERMINATION RECEIVED JUL 21 20:3 WELD COuljY COMMESSOW:PS Date of Notice: 6/30/2016 Telephone: (970) 353-3845 Fax: (970) 304-6433 Office Hours: 8:00AM — 5:00PM ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTION/ PHYSICAL LOCATION R3252104 2016 3712 MIL FCCRC 12 BLK1 FRONTIER COMMERICAL C ENTER REPLAT C 2600 CENTER DR MILLIKEN , CO I PROPERTY OWNER PMC MILLIKEN 1.LC 5000 VASQUEZ BLVD DENVER, CO 80216-3029 PROPERTY CLASSIFICATION ASSESSOR'S VALUATION ACTUAL VALUE PRIOR TO REVIEW ACTUAL VALUE AFTER REVIEW COMMERCIAL 2,277,750 2,2277,750 TOTAL $2,277,750 $2,277,750 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: CMOS - The law requires that data from Jan 2013 to June 2O14 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 16. 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): STEVENS & ASSOCIATES COST REDUCTION SPEC 9635 MAROON CIRCLE SUITE 450 ENGLEWOOD, CO 80112-5902 2016-2338 16-DPT-AR PR 207-08/13 R3252104 10610040 APPEAL PROCEDURES County Board of Equalization Hearings will be held from August 18t through August 5`h at 1160 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.ustapostthopj 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, fi 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.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, 2014? (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.) $ _,150,000 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.) 2015 Stipulated Value [ -- - - ATTESTATION - 1, 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. Signature todd@stevensandassoc.com 303-347-1878 07/15/2016 Telephone Number Date Email Address 1 Attach letter of authorization signed by property owner. 16 -OPT -AR PR 207-06/13 R3252104 10610040 Property Tax Consultant - Agency Agreement Owner Address: 5000 Vasquez Blvd, Denver, CO 80216 Property Address/Legal Description/Schedule #: See Attached exhibit A Consultant/Agent: Stevens & Associates Cost Reduction Specialists, Inc. I/We PMC Colorado Springs LLC, PMC Grand Junction LLC, PMC Milliken LLC, PMC Cheyenne LLC, subsidiaries, parent companies and all affiliated companies agree with Stevens & Associates Cost Reduction Specialists, Inc. that for the property tax/sales and use tax assessment years 2015, 2016 and prior years, in Colorado as the property referred to above, that Stevens & Associates Cost Reduction Specialists, Inc. Is hereby engaged and authorized to act as agent and consultant before either the Board of review as well as the State Tax Review Board or for any hearing pertinent to the property far the property tax/sales and use tax assessment years 2015, 2016 and prior years. Please direct ail correspondence and refunds to Stevens & Associates Cost Reduction Specialists, Inc. The undersigned further authorizes Stevens & Associates Cost Reduction Specialists, Inc, as agent of the undersigned, in the name of the undersigned, to execute and cause to be filed on behalf of the undersigned, In the name of the undersigned, any and all documents relating to an appeal of the said assessments, for the assessment years in question and prior years, before either the Board of review as well as the State Tax Review Board or any hearings pertinent to the property. Thus done and executed on this , ` day of February 2015. Agreed by: PMC Colorado Springs LLC, PMC Grand Junction LLC, PMC Milliken LLC, PMC Cheyenne LLC By: (1/7"--C"-"" Rick Lechman Title: Chief Financial Officer Please Direct all correspondence/refunds to: Stevens & Associates / Inc. 9635 Maroon Cur, Suite 450 Englewood, Colorado 80112 STATE OF ' 1 /or,- f -fir, The foregoing instrument was acknowledged before me} This''°"'day of _ :. eice 4 ,1a By:_ Rick Lechrnan -- Witness my hand and official seal, my commission expires: Nnlary Pubfi. (tither 'L l t Notary Stang rwF++o�rKcx�uoc no�arptl6uc STATE OF COLORADO NOTARY 102006/pp1625 MY ClO N WIRES OCTOBER 7, 2017 Exhibit A PMC Colorado Springs LLC 2259 Commercial Blvd El Paso Schedule # 6429409010 PMC Grand Junction LLC 2340 170 Frontage Mesa County Parcel / Account # 2701-322-19-002 / R017687 PMC Milliken LLC 2600 Center Drive Weld County Parcel / Account # 105912152002/R3262104 PMC Cheyenne LLC 7854 Hutchins Drive Laramie County PION / Tax ID 14653130101200/14801000100020 w wz co VI tier r etncZm—td _i rR Er V C r ilSomima r-9 C �0 03 sc in 12 co6Z.; CO 0 C L TeD LC) L July 22, 2016 Petitioner: PMC MILLIKEN LLC 5000 VASQUEZ BLVD DENVER, CO 80216-3029 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): STEVENS & ASSOCIATES COST REDUCTION SPEC 9635 MAROON CIRCLE SUITE 450 ENGLEWOOD, CO 80112-5902 RE: THE BOARD OF EQUALIZATION 2016, WELD COUNTY, COLORADO NOTIFICATION OF HEARING SCHEDULED Docket #: 2016-2338, AS0094 Appeal #: 2008211224 Hearing Date: 8/4/2016 10:00 AM Account(s) Appealed: R3252104 Dear Petitioner(s): The Weld County Board of Equalization has set a date of AUGUST 4, 2016, at or about the hour of 10:00 AM, 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, 2016, 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 ‘z.4t,e Esther E. Gesick Clerk to the Board Weld County Board of County Commissioners cc: Christopher Woodruff, Assessor Hello