HomeMy WebLinkAbout20140016.tiff RESOLUTION
RE: APPROVE PETITION FOR ABATEMENT OR REFUND OF TAXES - FR FREDERICK,
LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County, State of Colorado, at
a duly and lawfully called regular meeting held on the 6th day of January, 2014, at which
meeting there were present the following members: Chair Douglas Rademacher, and
Commissioners Sean P. Conway, Mike Freeman, William F. Garcia, and Barbara Kirkmeyer,
and
WHEREAS, notice of such meeting and an opportunity to be present has been given to
the taxpayer and the Assessor of said County, with said Assessor, Christopher Woodruff, being
present, and taxpayer, FR Frederick LLC, not being present, and
WHEREAS, the Board of County Commissioners has carefully considered the attached
petition, and is fully advised in relation thereto.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Board concurs with the recommendation of the Assessor and
the petition be and hereby is, approved, and an abatement or refund be allowed as follows:
CORRECTION
TO ASSESSED ABATEMENT TAX
VALUATION OR REFUND YEAR
$2,274,339.00 $32,746.76 2011
$2,274,339.00 $34,738.45 2012
C ci\A ,T_o ki-c-r vcJ
17 fre
2014-0016
AS0087
TAX ABATEMENT PETITION — FR FREDERICK, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of January, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
��pp c ELD COUNTY, COLORADO pp
ATTEST: � 4t7ft �Go�ft ' C, A,
Doug14 Rademacher, GFiair
Weld County Clerk to the Board
`Barbara Kirkmeyer, Pro-Tem
BY' iii ti .is. '#'
Deputy Cler to the Board p� l'. La�
n P. Conway
itor! RM:
sb
ti ..1/42
Fr
William F. Garcia
Date of signature: JAN 1 6 2014
2014-0016
AS0087
PETITION FOR ABATEMENT OR REFUND OF TAXES
Coun :Weld DV (1F PR0PCF�� �,4 , ac/3".�0✓/
ty ^'TAT I r 0 C U e 3 f Commissioners'Date Stamp)
Section I: Petitioner,please complete Section I 4 onlyn FEB I I AM 9: 55
Data: 07/08/2013 �ct1
Month [Day Year I la p 9 2013
Petitioner's Name: FR Frederick LLC
Petitioner's Mailing Address: do First Industrial Realty Trust,8226 Park Meadows Dr WELD COUid i'r`ASSESSOR
Lone Tree CO 80124 ,cirm F'. COLORADO
City or Town State 9p Code
SCHEDULE OR PARCEL NUMBER(S) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTYlitsiliti
,
R7433398,131314301001 4001 Salazar Way,Frederick 15c
Ca
Petitioner requests an abatement or refund of the appropriate taxes and states that the taxes assessed against the W 22 E
above property for property tax year(s) 2011 and 2012 are incorrect for the following reasons: (Briefly >
describe why the taxes have been levied erroneously or illega lywhether due to erroneous valuation,irregularity in _
• levying,clerical error or overvaluation. Attach additional sheets if necessary.) CO C
W C
See attached letter. U - c
_
W )S
• Please send all correspondence to: Paradigm Tax Group,383 Inverness Pkwy Ste 120,Englewood,CO 80112. .a-
Petitioner's estimate of value: $6,853,705 (2011 )and 66,853,705 201( 2 ) of, I / n�1
Value Year Value Year
�J QA
I declare,under penalty of perjury In the second degree,that this petition,together with any accompanying exhisit jQ i,i t�
or statements,has been prepared or examined by me,and to the best of my knowledge,information and belief,Vsut
++Yr
true,correct,and complete.
Daytime Phone Number] )
Petitioner's SI nat a
By/f t. ,G ' Daytime Phone Number j 303 ) 708-1215
/'' Agent' ign lure' rkJm@pttrodijm±4X•Cum
'Letter of agency must be attached when petition Is submitted by an agent
tithe Board of County Commissioners,pursuant to§39-10-114(1).C.R.s.,or the Property Tax Administrator,pursuant to§39-2-116,C.R.5.,
denies the petition for refund or abatement of taxes In whole or in part,the Petitioner may appeal to the Board of Assessment Appeals pursuant
to the provisions of§39-2-125,C R.5.,within thirty days of the entry of any such decision.§3940-114.5(1),C.R.S.
Section II: Assessor's Recommendation
(For Assessor's Use Only)
Tax Year 20/1 Tax Year Z0/ Z
Actual Assessed Tax Acwal Assessed pm
Original 703 Z., 2y 2,6/1 90 24B;S$7.04 "do3 Lica 2,4/f fw z6S6fy,JP
Corrected ?kin,6T' a5 474+,4n1 I 13-4 4642.10 7y Pyz,cIo z12?N f3'7 zz4, fzta—9z
Abate/Refund 3zy ¢,7-G 130 73846
XAssessor recommends approval as outlined above.
If the request for abatement is based upon the grounds of overvaluatlon,no abatement or refund of taxes shall be made 7 an objection or protest
to such valuation has been filed and a Notice of Determination has been maned to the taxpayer.§39-10-114(1)(apq(D),CR.S.
Tax year: Z s/I Protest? Noy qqq l�T� Yes pr's protest was flied,pleas attach a copy of the NOD.)
Tax year:ZO/Z.pr 4lofd s (If a protest was filed,please attach a copy of the NOD.)
Assessor reco s Ta eniat for the following reason(s): 2014-0016
Adta4f rnton7SjUL 10 2013
in ai,?•4 ICJ an 4 etasinve4 It.
SSESSOR
WELD COrI�YN 1-8/ LO \Ci
( C1 , Coiro?t4nawre (V
15 -AR No.920-86/11 v
FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY
(Section.Ii Section iV must be completed)
Even/petition for abatement cr refund filed pursuant to §39-10.114,C.R.S.shaft be acted upon pursuant to the provisions of this sect on by the
Board of County Commissioners or the Assessor,as approprate,within six months d the date of fling such petition.§39-1-113(17),C.R S.
Section III: Written Mutual Agreement of Assessor and Petitioner
(Only for abatements up to$10,000)
The Commissioners of County authorize the Assessor by Resolution No.
to review petitions for abatement or refund and to settle by written mutual agreement any such petition
abatement or refund in an amount of$10,000 or less per tract,parcel,or lot of land or per schedule o ersonal
property, in accordance with§39-1-113(1.5),C.R.S.
The Assessor and Petitioner mutually agree to the values and tax abatement/refund of:
Tax Year Tax Year
Actual Assessed Tax Actual Ass sad
Original Corrected -
AbatelRefund
Note The total tax amount does not include accrued interest,penalties,and fees associate with late ane'or delinquent tax payments,if
applicable Please contact the County Treasurer for full payment information.
Petitioner's Signature ate
Assessor's or Deputy Assessor's Signature Date
Section Iv: Decision of the ounty Commissioners
(Must be compte if Section III does net apply)
WHEREAS,the County Commissioners of County,State of Colorado,at a duly and lawfully
called regular meeting held on I ! ,at wh.ch meeting there were present the following members:
Month Day ear
with notice o`such meeting and an op rtunIty to be present having been given to the Petitioner and the Assessor
of said County and Assessor (being present—not present)and
Name
Petitioner (being present—not present),and WHEREAS,the said
Nem
County Commissioners have refully considered the with,n petition,and are fully advised in relation thereto,
NOW BE IT RESOLVED,t t the Board(agrees--does not agree)with the recommendation cf the Assessor
and the petition be(app ed—approved in part—denied)with an abatement/refund as follows:
Year Assess Value Taxes Abate/Refund Year Assessed Value Taxes Abate/Refund
/9-4-Ice-flriten+'
Chairperson of the Board of County Commissioners'Signature
( County Clerk and Ex-officio Clerk of the Board of County Commissioners
in and for e aforementioned county,do hereby certify that the above and foregoing order is truly copied from the
record of e proceedings of the Board of County Commissioners.
IN WI ESS WHEREOF,! have hereunto set my hand and affixed the seal of said County
this day of
Month Year
County Clerk's or Deputy County Clerk's Signature
iota. Abaterrenls greater than 510,000 per schedule,per yea' must be submitted in duplicate to the Property Tax Administrator for review.
Section v: Action of the Property Tax Administrator
(For all abatements greater than$10,000)
a ,wn he Board of County Commissioners, relative to this abatement✓etition,is ereby
proved in part$ nied f Ttye foliowi r ason(s):
t2/117_
Secretary's Si atu Pro Adminisual•its Signature e
15- T-AR No.920-66!11
t
�' 303.708.1215 Phone
CTI!09G 383 Inverness Parkway
iPA 'GROUP, LC'
Suite 120 303.790.9337 Fax
Englewood,Co 80112 www.paratligmtax.com
July 8, 2013
Christopher M. Woodruff
Weld County Assessor
1400 N 17th Ave.
Greeley, CO 80631
RE: Parcel No. 131314301001 (R7433398)
To Whom It May Concern:
Subject property is valued at $9,032,625 for 2011p2012 and 2012p2013. Attached is an agent
authorization.
Subject property is a distribution warehouse located at 4001 Salazar Way in Frederick. Subject
was built in 1999 and consists of 189,776 sqft of improvements. Subject property contains
185,000 sqft of rentable area indicating a value at $48.83 per sqft. Actual rent for the subject as
of 6/30/2010 is $3.35 per sqft indicating the following probable value:
Gross Income Potential $619,750
(185,000*$3.35)
Vacancy 0% (0)
Effective Gross Income 619,750
Expenses 6% (37,185)
Net Operating Income 582,565
Capitalize @ 8.5% OAR
Indicated Value 6,853,705
Also note, subject was reduced from $9,032,625 to $7,000,000 for 2013p2014 using this same
income methodology.
We respectfully request subject be reduced to $6,853,705 or $37.05 per sqft of rentable
area.
Thank you in advance for your help and consideration.
Sincerely,
Rebecca Helm
Consultant
Paradigm Tax Group
LETTER OF AUTHORIZATION
TO: Weld County Assessor and others to who it may concern
RE: Parcel#131314301001,Schedule# .7433398
•
This letter will introduce the firm of Paradigm Tax Group which is authorized to represent
FR FREDERICK LLC c/o Bunzl Distribution USA (Tenant) concerning ad valorem
valuation matters concerning real for 2011-2014. This authorization letter will supersede
any previous letters of authorization on file.
Paradigm Tax Group is authorized to file real estate returns,to review and receive copies of
any prior years'tax returns,to investigate appraisals and assessments,to submit income and
expense information, to appeal property values and taxes, to receive tax bills, to before courtspear
before administrative boards or.agencies and where authorized,to appear
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.
The rights, powers; and authorization of Paradigm Tax Group herein granted shall
commence upon the execution of this letter of authorization and shall terminate upon written
notification indication otherwise.
IN WITNESS WHEREOF:
.The undersigned has hereunto set our hands and affixed our seals this the • I . day
of :MN' _. ,2013.
•
ACC)rF'I't;D: Notary Public
Bunzl Distribution USA
Signature:.• Signed, sealed and delivered in
the presence of:
Print Name: Tj.� - IrC Y 57
r .V
Title: 7 //eti9! OARLENERO5NSON
►71p� DI.Ns uiISeal
Sta'e Df Mlswwi
Commfsskoned for St Louis County
j My Cemmiesbn�4 Jut 25,2016
Date s ��I �� Commission Number..12379633
•
LETTER OF AUTHORIZATION
TO: Weld County Assessor and others to who it may concern
RE: Parcel#131314301001,Schedule#R7433398
This letter will introduce the firm of Paradigm Tax Group which is authorized to represent
FR FREDERICK LLC c% TSN West LLC (Tenant) concerning ad valorem valuation
matters concerning real for 2011-2014. This authorization letter will supersede any previous
letters of authorization on file.
Paradigm Tax Group is'authorized to file real estate returns,to review and receive copies of
any prior years'tax returns,to investigate appraisals and assessments,to submit income and
expense information, to appeal property values and taxes, to receive
tax bills, to courts before administrative boards or agencies and.where authorized,to appear before
f
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.
The rights, powers, and authorization of Paradigm Tax Group herein granted shall
commence upon the execution of this letter of authorization and shall terminate upon written
notification indication otherwise.
IN WITNESS WHEREOF:
The undersigned has hereunto set our hands and affixed our seals this the 3 1 day
of t'C ./ . . .2013.
ACCEPTED: Notary Public
TSN West LLC
Signature:
Signed, sealed and delivered in
the presence of:
Print Name:
Title: (l5}% TlZ4f:144`X"2 OAFUENE ROBINSON
mttFla P+b� Sall
(J Cadssloned fa SL Louts County
Date:
(3/ !17 My Commission Fires:Jute 20,201E
Commission Number.
—
FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEA SE("First Amendment")dated this Isi day of July,.
' 20.0.9 by and between FIRST INDUSTRIAL, L.P.,a Delaware limited partnership,as successor to
SNOW L ,a Colorado-limited liability company,(hereinafter called the"Landlord"),and TSN
WET,LW,:a Mis tir..i:litnited liability company(hereinafter called the"Tenant").
Wi`NES SETfl
WITS I✓AS,Landlord's predecessor in interest and Tenant entered into.a.certain Lease dated
September 30,2004(the"Lease")pursuant to which Tenant leased approximately 185,000 rentable
square feet located at:4001 Salami Way,Frederick, Colorado.(the"Premises")and more particularly
described ln-#heLease;
W REAS,'T`enant'wishes to extend its occupancy in the Premises under the same terms and
,coaghlienszas stated in the Lease except as amended below.
NOW,'TIREFORE,in consideration of the foregoing premises and the mutual covenants
herein;contained,-and for othergood and valuable consideration;the receipt and sufAcleneyof which fs
.Hereby sc owledged;.Landlord and Tenant hereby agree as follo :
I. Recitals: The recitalsSet.'forth above:ate incorporated herein by this reference with the:same
force and effect.as;if fidly set forth hereinafter.
Capitalized Terms:. Capitalized terms not otherwise defined herein shall have the;meaning
ascribed to them in the Lease.
.. .TOW.'The initial Term 0f the Lease is hereby extended for an additional six(6)years
amercing Jarnuary':.l•,2010 and expiring on December 31.,201.5 (the"Expiration Date")..
4. Renewal:Tet s: The extension Of the nttiai`Term in Seddon..3 of this:Fiitt Amendment shall
not ccnstitute:anexercise of Tenant's option to extend the Term Of the Lease for two(2)Renewal
Ter(asdefined:xn the Lease);of five(5) years and,Tenant shall retain the right and option to exeroiie"
$ueh itenewal Terms:as more particularly described in Section 2(B)o:f the Lease.
5. Base Rent: Section 3(A)of'the Lease is hereby deleted and the following:substituted.in its
place..
Turing-the Initial Term,,Tenant shall pay to Landlord Basic Annual Rent in the amounts as
follows:
Annual Basic Rent . Monthly Basic Rent
.1/1/110- 12/31/10. $619,749.96 $51,645.83
1fUl1 12/31. 1::1 $638,250.00* $53,187.50*
..1/1/12- 12/31,/12 $656,7.50.04 $54,729.:17
1/1/13 12/31/13 $67:5,249..96 $56,270.83
1/1/14-1.2/31/14 $693,750.00 $57,$12.50
1/1/15- 12/31/15 $712,250,04 $59,35417
*si;tbject to abatement as provided.hexein
sto4 1194$1 \ 1 �"
•
•r
Notwithstanding anything contained herein.to the contrary,the Monthly Basic Rent which
would otherwise be due on.January 1,2011,will be abated and will not be payable by Tenant
All.Additional Rent due for the month.of January:2011 will continue to accrue and be payable
in accordance w ththe terms of the Lease."
b> Repairs and Maintenance: The last sentence Of:Seddon ection.8.(D)of the Lease is hereby:deleted.
and the following substituted in its place.
"The cost of any such capital improvements,repairs,or-replacements shall be amortized on a
straight-lime.basis=over the estimated useful life thereof,together with interest.at.the Interest
Rate (as defined in Article 7).arid the amortized installments and interest attributable to the
Lease term.(including any"Renewal Term)shall be an-Operating Expense under Article:$c
this Lease;,:payable monthly on the due dates for'Basic.Annual.Rent;provided however.,that
any costs for capital e*penditures incurred byLandlord in the performance of its obligations
underSection 8(c)_above or any.capital.expenditures required by Landlord's failure to comply
with:.laws enacted on or before.the:commencement Date shall not be included as Operating
Expos:
7. Eehesentation: Tenant arid landlord eachrep esent and warrant to the other that each such.
party har noot had any dealings with Or entered into any Agreements with any person,entity,matter,
iiroket..agent or finder in connection with the riegotiati'on ofthis First Amendment.
8.: :Guaranty:: Tenant warrants,that the Guarantydated-September 3'0,2004 executed by flun4
USAllloldingsCoirporation in.eonnection. h thhe Lease("Guammrity")remains n full force and effect.
fort ie xtensi'on.Of the term and.durxi .any=subsequent renewal tents,
9, All other-terms and conditions.:ofthe Lease not expressly amended herein shall remain in fall
force and effect.
l V TNESS WHEUOF,theparti_es have::executed this First Amendment the day arid year
±tat above written:.
LANDLORD:
tIRSTINDVSTRUE,.
By: Printed Name: Gr
egory Downs
Title: Printed.Title: Rea0nel,Director
Date::
TENANT:
TSN WEST,
By: Printed Name:Daniel Lett
Title: Printed Title: Secretary
Date:. 7/f./01
SW-ISi39681 2
NOTICE OF DETERMINATION
Christopher M. Woodruff Date of Notice: 6/27/2013
Weld County Assessor Telephone: (970) 353-3845
14OO N 17th Ave Fax: (970) 3O4-6433
Greeley, CO 80631 Office Hours: 8:00 AM - 5:00 PM
ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTION/PHYSICAL LOCATION
R7433398 2013 1459 FRE DCS LOT 1 DEL CAMINO SOUTH 4001
SALAZAR WAY FREDERICK, CO
FR FREDERICK LLC
C/O FIRST INDUSTRIAL REALTY TRUST INC
0 1 8226 PARK MEADOWS DR
LONE TREE,CO 80124
,cw<:
as
ASSESSOR'S VALUATION '
PROPERTY CLASSIFICATION ACTUAL VALUE PRIOR TO ACTUAL VALUE AFTER,
REVIEW REVIEW. .
COMMERCIAL 9,032,625 7,000,000
TOTAL` $9,032,625 $7,000,000
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:
CM03 -After review of your property, we have made adjustments. This was done because of
additional information obtained, or provided thru the appeal process.
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.
PARADIGM TAX GROUP LLC
383 INVERNESS PARKWAY SUITE 120
ENGLEWOOD, CO 80112 15-DPT-AR
PR 207-08/13
R7433398 17371
Esther Gesick
From: Rebecca Helm [rhelm@paradigmtax.com]
Sent: Thursday, January 02, 2014 10:17 AM
To: Esther Gesick
Cc: Chris Woodruff; Janis Williams
Subject: RE: Petition for Abatement or Refund of Taxes- FR Frederick, LLC (R7433398)
Good Morning Ester,
It was a pleasure speaking with you earlier. We acknowledge waiver of the standard written notice and agree to the
scheduling of Monday,January 6, 2014 for the R7433398 abatement hearing. Please let me know if there is any
additional information you need.
Thank you, and have a wonderful day.
Re-&ecca,}f elves
Consultant
ptg STATE & LOCAL
4TAX CONSULTANTS
ABOUT US INDUSTRVNCWS
Paradigm Tax Group
(303)708-1215 phone
(720)325-3241 cell
(303)790-9337 fax
rhelm@paradigmtax.com
From: Esther Gesick [mailto:egesick@co.weld.co.us]
Sent: Thursday, January 02, 2014 10:04 AM
To: Rebecca Helm
Cc: Chris Woodruff; Janis Williams
Subject: Petition for Abatement or Refund of Taxes - FR Frederick, LLC(R7433398)
Hi Rebecca,
Based on our previous telephone conversation,this message is intended to serve as your written notice of a hearing for
the above petition scheduled for Monday,January 6, 2014, at 9:00 a.m., in which the Assessor is recommending
approval. Would you please "Reply All" acknowledging waiver of the standard three-week mailed notice in order to
meet the six-month scheduling deadline?
Thanks so much!
Esther E. Gesick
Deputy Clerk to the Board/Office Manager
1150 O StreetlP.O. Box 758/Greeley, CO 80632
tel: (970)336-7215 X4226
1
Hello