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Home My WebLink About20152518.tiff CLERK TO THE BOARD \ 161 / PHONE ( 970 ) 336 -7215 , EXT 4226 FAX ( 970 ) 352 -0242 WEBSITE : www . co . weld . co . us 1150 O STREET GREE BOX 758 LEP .Y 80632 G O _� _ N TY ' l August 5 , 2015 DEN ALF 2 LLC C/O ALTUS GROUP PO BOX 92129 SOUTHLAKE , TX 76092 -0102 RE : THE BOARD OF EQUALIZATION 2015 , WELD COUNTY , COLORADO ADMINISTRATIVE DENIAL OF PETITIONER ' S APPEAL AND AFFIRMATION OF ASSESSOR ' S VALUE ACCOUNT NO . : R3645305 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 $ 15 , 000 , 000 . 00 $ 15, 000 , 000 . 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 . a�/s - asiV 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 ( 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: 303-866-5880 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. If you have questions concerning the above information , please call me at ( 970 ) 336-7215 , Ext . 4226 . Very truly yours , thrift& ;‘,4, Esther E . Gesick , Clerk to the Board Weld County Board of County Commissioners Cc : Christopher Woodruff, Weld County Assessor Esther Gesick From: Esther Gesick 3(p y 530 5 Sent: Monday, July 27, 2015 3:03 PM To: Courtney Anaya Cc: Noel Lawrence; Esther Gesick _ U `'� Subject: RE: AD wanting a hearing Courtney, I just left Donny Osbourne a message informing that his initial request for an Administrative Denial was logged last Thursday and, due to scheduling constraints and the late notice of his request, I have kettthe Account R3645305 Iclassified as an Administrative Denial. Esther E. Gesick 7/,2`i 'e,1 a-co 8O5 Clerk to the Board 1150 O Street'P.O. Box 758'Greeley, CO 80632 9.•(-15 Ain (970)336-7215 X4226 1� 3(� 53oS Confidentiality Notice:This electronic transmission and any attached documents or other writing �_( 4"C\\.4 I and may contain information that is privileged,confidential or otherwise protected from disclosu (A bl hd.A0j,.jy1 . '' — 6 immediately notify sender by return e-mail and destroy the communication.Any disclosure,copy s of this communication or any attachments by anyone other than the named recipient is strictly p0.6.640"%it_ /1„ ,i& w / , From: Courtney Anaya -6)(60-3 - U t'`3/ kuviiil Sent: Monday, July 27, 2015 1:35 PM 'l.l3l@l.ifim. To: Esther Gesick —11:41/4 Subject: RE: AD wanting a hearing I just spoke with Chris and Noel and we all agree to stick with the Admin Deny. Do you mind calling him? If he returns Noel's call, Noel will tell him as well. 'R 3(.45305- -L241(4 2i U-C., il Thanks! "" 3.09 Courtney Anaya bili't u 'B.A.60.1.k Analyst W/ atti.vim C1'N11.40, Weld County Assessor's Office (970) 353-3845 ext. 3670 canaya@weldgov.com RatUs-- CAIL. 1-7'�SI ' 6,4,tow 15-1 i (60) 817— 975-- `(4P39 l Confidentiality Notice:This electronic transmission and any attached documents or other writings `f'ebn�A1./ryud JtiJ1 Al) 4— � feted . and may contain information that is privileged,confidential or otherwise protected from disclosur, V 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. a 72--7 2015-2518 1 From: Esther Gesick Sent: Monday, July 27, 2015 1:28 PM To: Courtney Anaya Subject: AD wanting a hearing See attached email. Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970)336-7215 X4226 1,ti 4 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. 2 • Esther Gesick From: Courtney Anaya Sent: Thursday, July 23, 2015 10:04 AM To: Esther Gesick; Rafaela Martinez Subject: FW: R3645305 appeal of DEN ALF 2 LLC Another Admin Deny.. Courtney Anaya Analyst Weld County Assessor's Office (970) 353-3845 ext. 3670 canaya©weldgov.com , '..r 421 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: Thursday, July 23, 2015 9:07 AM To: Courtney Anaya Subject: FW: R3645305 appeal of DEN ALF 2 LLC Another admin denial. From: Donnie Osborne [mailto:donnie.osborne@altusgroup.com] Sent: Thursday, July 23, 2015 9:00 AM To: Noel Lawrence Subject: RE: R3645305 appeal of DEN ALF 2 LLC AD will be fine. Donnie Osborne, CMI Senior Consultant, State & Local Tax and Advisory, Altus Group US Inc. D: 817.552.6805 T: 817.251.6666 ext 3136 M: 817.975.4639 F: 817.251.4833 640 W Southlake Blvd, Southlake, Texas, 76092 USA Altus Group 1:12 This message, and the documents attached hereto, are intended only for the addressee and may contain C GCtlh3/ 0000-0198 privileged or confidential information. Any unauthorized disclosure is strictly prohibited. If you have received this message in error,please notify us immediately so that we may correct our internal records. Please then delete the original message. Thank you. From: Noel Lawrence [mailto:nlawrence@co.weld.co.us] Sent: Tuesday, July 21, 2015 4:55 PM To: Donnie Osborne Subject: RE: R3645305 appeal of DEN ALF 2 LLC Hi Donnie. I didn't hear back from you. Do we need to schedule a hearing or do you want Admin Denial. Thanks! Noel From: Donnie Osborne [mailto:donnie.osborne(a,altusgroup.com] Sent: Monday, July 20, 2015 12:20 PM To: Noel Lawrence Subject: Re: R3645305 appeal of DEN ALF 2 LLC Will do! Sent from my iPhone On Jul 20, 2015, at 1:16 PM,Noel Lawrence <nlawrence@co.weld.co.us>wrote: Good day Donnie. I received your appeal of the above property that we valued based on its sale in the base period. I know our office reached out to you earlier this year in efforts to see if you had documentation that would show this was not an arm's length transaction but you were not able to do so. Assuming you want to proceed with an appeal will you be attending the hearing or would you like to request Administrative Denial, preserving your right to appeal further. We are meeting tomorrow to schedule the hearings for July 29-31. If you could let me know by noon tomorrow I would appreciate it. 2 Respectfully, Noel Lawrence Commercial Appraiser Assessor's Office 1400 N 17th Avenue Greeley, CO 80631 970-353-3845 ext. 3695 <image001.jpg> 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. 3 NOTICE OF DETERMINATION RECEIVED Christopher M. Woodruff JUL 0 6 2015 Date of Notice: 6/30/2015 Weld County Assessor Telephone: (970) 353-3845 1400 N 17th Ave ALTUS GROUP Fax: (970) 304-6433 Greeley, CO 80631 Office Hours: 8:00AM- 5:00PM ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTION/PHYSICAL LOCATION R3645305 2015 0683 GR MVWTBM L1 MEADOWVIEW AT WEST TBONE MI RECEIVED DEN ALF 2 LLC NOR RPLT L9 C/O ALTUS GROUP 5300 29 ST 0 PO BOX 92129 SO BOX 9212 TX 76092 0102 JUL 1 6 2^'5 GREELEY,CO 000000000 WELD COUNTY cc COMMISSIONERS ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ACTUAL VALUE PRIOR TO ACTUAL VALUE AFTER REVIEW REVIEW RESIDENTIAL 15,000,000 15,000,000 TOTAL $15,000,000 $15,000,000 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 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): e-0', °- -'- 1II7 6000-0198 P6009f APPEAL PROCEDURES County Board of Equalization Hearings will be held from July 29 through August 5 at 1150 0 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.gov/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 specsfi,c dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.) $ U6ttoDidoG 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.) LEASE SEE s; ATTACHED I ATTESTATION I, the undersigned owner or agent' of the property identified above, affirm that the statements contained herein and attachments hereto are true and complete. 7/7A5A66 .6 k•-/-5" Signature Signature Telephone Number Date 61O4/4//i. ets,g044/6 e,9e->4lS G.coyf?G art Email Address ' Attach letter of authorization signed by property owner. 15-DPT-AR PR 207-08/13 R3645305 8429373 EEGEN1) AGENT AUTHORIZATION SENIOR LIVING TO STATE, COUNTY, CITY & OTHER PROPERTY TAXING JURISDICTIONS, ADMINISTRATIVE REVIEW BOARDS, TAX COMMISSIONS AND/OR COLLECTION ENTITITES IN THE STATE OF COLORADO. Altus Group U.S., Inc, P.O. Box 92129, Southlake, Texas, 76092, (817) 251-6666, its agents and employees are hereby appointed as our agents to prepare and file real property and business personal property returns, receive and respond to all compliance filing correspondence, fife protests, receive and respond to all appeal correspondence,and meet with appropriate officials and other personnel of the taxing jurisdictions in the State of Colorado for the purpose of negotiating settlements of property tax valuations and complying with the laws of the State of Colorado in the Matter of property taxation of certain real and business personal property owned by the undersigned taxpayer or in which the undersigned taxpayer has an ownership interest. This authorization shall remain in force and effect until revoked in writing. Specified powers:(please check appropriate response) !Yes' No Said Agent is to receive rendition forms and other compliance filing correspondence on the attached accounts/parcels. (Yesl No Said Agent is to receive tax bilis on the attached accounts/parcels. fresl No Said Agent is to receive notice,orders and/or other communication regarding values and/or appeals on the attached accounts/parcels. Signed the /9 day of ,2014 Account it's: See Attached Listing do Legend Senior Living 8415 E.21't Street N.,STE 100 Wichita,KS 67206 316.616.6227 By: 444-itii.-"e Title: nitif tnc0ncaittg Pic State of Kansas,County of Sedgwick Before me,a duly commissioned Notary Public within and for the State and County aforesaid, r personally appeared C IA Art L LJ ,known to me to be the person who signed the foregoing inst ment and acknowleked to me that(s)he signed the same for the purposes and consideration expressed therein,and in the capacity therein stated. Jana Wilson aye C fl ,{ .:; NOTARRrPI Je Signed thi + "'� day of IL1111✓ �1 ,201 1. �_...Mrkot .i r'�f My Commission Expires: t S•2O'Z6Cl- otary blic 1 8415 East 21st Street North,Suitt. 100 Wichita, KS 67206 316 616.6288 316,616.6210 www.legendseniorliving.corn a, To o U H V1 13 H H IA T a) aJ aJ /Ln 4- 0 a 0 a, 2 a) a, N v s d C N • O O M I J E co N z u- 4) a z O o 0 „ o cc 00 rn O N N N N Q O1 O General Property Data For: MeadowView of Greeley 5300 W. 29th Street Greeley, CO 95922289001 Improvement Square Feet 68,129 Land Area (Acres) 4.43 Land to Building Ratio 2.83 Type of Facility AL/MC Assisted Living Beds 76.7% 66 Memory Care Beds 23.3% 20 Total Units/Beds 100.0% 86 Original Year of Construction 2007 Square Feet Per Licensed Unit 792 Weighted Age Calculation Description YOC SF "o Total Wght Age Original Construction 2007 68,129 100.0% 8.0 Total Weighted Age as of 2015 68,129 100.0% 8.0 MARSHALL SWIFT COST MANUAL Elderly (AL) Type Assisted Living Reference Number 589 M&S Reference Sect. 12 Page 20 Class Construction D Date of Cost Guide August 2014 Quality Ranking Good Number of Stories 3 Total Floor Area (SF) 68,129 Number of Units 86 Average Story Height(Feet) 9 Base Cost Per Square Foot $107.49 Square Foot Adjustments Climate Adjustment $7.60 Sprinkler System $2.15 Site Improvements $8.00 Total $125.24 Multiplier Adjustments Multistory (over three) 1.000 Height Adjustment 1.000 Area Multiplier 1.000 Current Cost Multiplier 1.000 Local Cost Multiplier 0.980 Adjusted Base Cost $122.74 Dollar Adjusted Base Cost $125.00 Cost Analysis for Meadow View of Greeley Replacement Cost Replacement Cost New-Total $125.00 68,129 $8,516,125 Entrepreneurial Profit 5.0% $425,806 Total Replacement Cost $131.25 $8,941,931 Less Depreciation Replacement Cost New(Including Profit) $8,941,931 x Depreciation (Eff Age/50 Year Life) 8 16.00% Total Indicated Depreciation $1,430,709 $1,430,709 Total Indicated Depreciated Value of Subject Property $110.25 $7,511,222 Plus: Estimated Land Value $578,977 Estimated Value Via the Cost Approach $8,090,199 Market Value Estimate via the Cost Approach: Say, $118.75 $8,090,000 Lo W 2 a 0 Capbek erg r, C, \ "• `- t,eat • • ' rW1 e •� c O CII r c0 cr • W X O o V m — frl as M ^, f ut fU m CL (.0 t...t Q co c a� O t.."t W � — p c U CI) p t' p o }•.. �• � O is"! fg 1'F 1 V 1.1 7 CI)' O c r - atVr cc 0 X al co O M CL -J O Q 0) Hello