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Home My WebLink About20152525.tiff CLERK TO THE BOARD \ 1 $ 61 % `� PHONE ( 970 ) 336 -7215 , EXT 4226 ` itE FAX ( 970 ) 352 -0242 WEBSITE : www . co . weld . co . us 1150 O STREET P . O . BOX 758 kasfL;-‘,—1, C —u NTY GREELEY CO 80632 August 5 , 2015 FSY PARTNERSHIP PO BOX 1986 GREELEY , CO 80632- 1986 RE : THE BOARD OF EQUALIZATION 2015 , WELD COUNTY , COLORADO ADMINISTRATIVE DENIAL OF PETITIONER ' S APPEAL AND AFFIRMATION OF ASSESSOR ' S VALUE ACCOUNT NO . : R4709107 Dear Petitioner: On July 30 , 2015 , 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 your request for an Administrative Denial of your petition for appeal of the Weld County Assessor' s valuation of your property described above , for the year 2015 . The Assessment and valuation is set as follows : ACTUAL VALUE AS ACTUAL VALUE AS DETERMINED BY ASSESSOR SET BY BOARD $4 , 965, 600 . 00 $4 , 965 , 600 . 00 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 . 2015-2525 AS0091 All appeals to the Board of Assessment Appeals filed after August 10 , 2015, MUST comply with the following provisions of C . R . S . Section 39 -8-107( 5) : ( 5 ) (a ) ( I ) On and after August 10 , 2015 , 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 I ( 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 . A 2015-2525 AS0091 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: 303-866-5880 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. 2015-2525 AS0091 If you have questions concerning the above information , please call me at ( 970) 336-7215 , Ext . 4226 . Ver truly yours , eadtAv‘i 4-eL ;(A. Esther E . Gesick , Clerk to the Board Weld County Board of County Commissioners Cc : Christopher Woodruff, Weld County Assessor DUFF & PHELPS 1200 17 STREET SUITE 990 DENVER , CO 80202 2015-2525 AS0091 Rafaela Martinez From: Courtney Anaya Sent: Wednesday,July 22,2015 1:45 PM To: Esther Gesick;Rafaela Martinez Subject: FW:FSY Partnership R4709107 appeal Admin Denial Courtney Anaya Analyst Weld County Assessor's Office (970)353-3845 ext.3670 canaya@weldgov.com 11 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. From:Noel Lawrence Sent:Tuesday,July 21,2015 3:37 PM To:Courtney An Subject:FW FSY Partnership R4709107 appeal See below From:Van Donselaar,Michael[mailto:Michael.VanDonselaar(aduffandphelps.com] Sent:Monday,July 20,2015 1:49 PM To:Noel Lawrence;Stuard,Travis Subject:RE:FSY Partnership R4709107 appeal Noel, • We will accept an administrative denial on this at the BOE level but would like a chance to discuss later with you to determine if an appeal to BAA is warranted. Thank you! 2015-2525 Michael Van Donselaar Vice President, Property Tax T +1 303 749 9034 M +1 303 875 5471 F +1 720 279 7860 Duff& Phelps, LLC 1200 17th Street Suite 990 Denver, CO 80202 michael.vandonselaar@duffandphelps.com www.duffandphelps.com From: Noel Lawrence [mailto:nlawrence@co.weld.co.us] Sent: Monday, July 20, 2015 11:06 AM To: Stuard, Travis Cc: Van Donselaar, Michael Subject: FSY Partnership R4709107 appeal Good morning Travis. I have received your appeal of the above referenced account. This is a complete GMC auto dealership on the corner of Hwy 34 and 47th Ave in Greeley valued at $80 psf. This account also recently had a hearing before the commissioners on an abatement that was denied. The comparables I have for this base period are: 1. 2501 35th Ave, Dodge dealership in Greeley sold 06/06/13 for $240 psf. 2. 2805 8th Ave, Subaru dealership in Greeley sold 03/13/14 for $390 psf. 2 3. 1800 Industrial Circle, GMC dealership in Longmont sold 12/09/13 for $163 psf. If you are wanting to proceed, are you planning on attending the hearing or do you want to file for Administrative Denial? We are meeting tomorrow to schedule the hearing so if you could let me know by noon tomorrow that would be appreciated. Respectfully, Noel Lawrence Commercial Appraiser Assessor's Office 1400 N. 17th Avenue Greeley, CO 80631 970-353-3845 ext. 3695 o 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. 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. 3 NOTfCrint I NATION Christopher M. Woodruff JUL 1 7 2015 Date of Notice: 6/3002015 Weld County Assessor Telephone: (970) 353-3845 1400 N 17'" Ave WELD COUNTY Fax: (970) 304-6433 Greeley, CO 80631 COMMISSIONERS Office Hours: 8:00AM—5:00PM ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTION./PHYSICAL LOCATION R4709107 2015 0683 GR WCG Li BLK WELD COUNTY GARAGE CC u.i FSY PARTNERSHIP 2699 47 AV IPO BOX 1986 l GREELEY.CO 000000000 GREELEY,CO 80632.1986 ASSROR'S VALUATION PROPERTY CLASSIFICATION ACTUAL VALUE PRIOR TO ACTUAL VALUE AFTER REVIEW REVIEW COMMERCIAL 4,965,600 I 4.965.600 TOTAL $4,965,600 $4,965,600 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 2013 to June 2014 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): DUFF& PHELPS 1200 17 STREET SUITE 990 DENVER, CO 80202 6000-0267 C C C;1'\ ?//7 AS(o91 1 ( APPEAL PROCEDURES County Board of Equalization Hearings will be held from July 29 through August 5 at 1150 O Street. To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail 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 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.aov/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, 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.) $ '! _' .st�c: dr" 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.) I 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. .5)3 1'1°17).13 7/5'/ ffi ignature Telephone Number Date Email Address ' Attach letter of authorization signed by property owner. 15 DPT-AR PR 207-08/13 R4709107 8429475 7 Appendix A Address Ownership Name Parcels City 2699 47 AV FSY Partnership 095915420001 Greeley 2699 47 AV FSY Partnership 095915420002 Greeley 2722 50 AV FSY Partnership 095915413002 Greeley 2835 31 AV FSY Partnership 095924201033 Greeley NA FSY Partnership 096117327002 Greeley 2751 9 AV FSY Partnership 096117318013 Garden City 2805 8 AV FSY Partnership 096120201003 Evans 870 27 Stpl FSY Partnership 096120201001 Greeley 2563 28 ST Van Herwarrden 1 LLC 095913400008 Greeley a Appointment of Agency for Property Tax Matters Duff & Phelps LLC is authorized to represent FSY Partnership, Van Herwaarden 1 LLC and all other related entities (collectively, "Weld County Garage") with regard to property tax matters for the real property shown in Appendix A. Any and all previous authorizations are hereby revoked. Duff & Phelps LLC is authorized to act on our behalf in obtaining and providing information, negotiating, settling and assessing for all property matters related to the property indicated above for any appeals or abatements. This agent is delegated full authority to handle all real property tax 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 years 2013-2015 or until revoked in writing by the Weld County Garage or Duff& Phelps LLC, except as provided above. All correspondence should be directed to the following individual: NAME: Michael Van Donselaar Duff& Phelps LLC ADDRESS: 1200 17th Street, Suite 990 Denver, Colorado 80202 303-749-9034 The individual signing below has the authority to act on behalf of the FSY Partnership, Van Herwaarden 1 LLC and all other related entities (collectively, "Weld County Garage"). SIGNED: v �' NAME/TITLE: at Weld County Garage V1011"1" 1 �L' DATE EFFECTIVE: January 16, 2015 NOTARIZATION: CINDY L. BERRYMAN NOTARY PUBUC STATE OF COLORADO N0Wet C20024022857 My Cotc*MiOn Emirs July 18,2018 0,6 itiCaLy 441U 4161)//5- DUFF&PHELPS Weld County Board of Equalization July 14th,2015 1150 0 Street,P.O.Box 758 Greeley,CO 80632 Subject: 2015 Board of Equalization Appeal for Weld County Garage Dear Honorable Board: As duly authorized agent of Weld County Garage and its associated entity FSY Partnership, Duff & Phelps LLC is hereby filing an appeal to the Weld County Board of Equalization for the 2015 value of the following account: Schedule#/Parcel# Address 2015 NOD Value D&P Requested Value 95915420001 2699 47th Ave $4,965,600 $4,500,000 Our sales comparison and income approach supports a lower valuation for the property. Our authorization to appeal is attached. This notice of appeal is being sent via certified mail with tracking number 7011-1150-0001-8715-9054. If you have any questions, please feel free to contact me at 303-749-9033 or at travis.stuard@duffandphelps.com. Sincerely, Travis Stuard Analyst, Duff&Phelps, LLC Duff 8 Phelps,LLC T+1 303-749-9033 travis.stuard@duffandphelps.com 1200 17th Street www.duffandphelps.com Suite 990 Denver,CO 80202 M. _ F C=3 g ul = O Q =ic N = N_ (13 CO Y. © cr •o _ O = W X �.�.�� ••••- O ; 3 u _ O V 4. N immon •mmon• L-1 - O = UO u� _ -0 0 +' LO arc C — U = E U N = J N 0 N Q- 0O - s-- CF)� = o C =- ci) a Hello