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Stipulation of Settlement_AMC Showplace Theaters, Inc. Tax AppealBarry A. Lindahl, Esq. City Attorney Suite 330, Harbor View Place 300 Main Street Dubuque, Iowa 52001-6944 (563) 583-4113 office (563) 583-1040 fax balesq@cityofdubuque.org Mayor and Members of the City Council of the City of Dubuque City Hall 13th & Central Avenue Dubuque, IA 52001 Chairperson of the Dubuque County Board of Supervisors Dubuque County Courthouse 720 Central Avenue Dubuque, IA 52001 Chairperson of the School Board Dubuque Community School District Central Administration Offices 2300 Chaney Road Dubuque, IA 52001 Chairperson of the Conference Board of the City of Dubuque City Hall 13th & Central Dubuque, IA 52001 Dubuque ��d THE CITY OF DUB 1 1 1 I 54e-74- 2007 July 30, 2014 President of the Board of Directors Northeast Iowa Community College P.O. Box 400 Calmar, IA 52132 Chairperson of the Board of Trustees Dubuque County Hospital Sunnycrest Manor 2375 Roosevelt Street Dubuque, IA 52001 Chairperson of the Council of the Dubuque County Agricultural Extension Service 14742 Hwy. 20 West, Suite 2 Dubuque, IA 52003 RE: Realty Income Corporation vs. Dubuque City Board of Review 2011 Tax Appeal—EQCV099734 2013 Tax Appeal—EQCV101065 2014 Tax Appeal—EQCV101589 Dear Chairpersons, Mayor and President: Enclosed is a copy of a Stipulation of Settlement regarding the three tax assessment appeals referenced above. Iowa Code § 441.44 requires that the Stipulation of Settlement be served upon each of you. The property that is the subject of this appeal is the AMC Theater located at 2835 Northwest Arterial. The assessed value for 2011 and 2012 was $7,531,970. The assessed value for 2013 and 2014 is $8,134,527. The increase in assessed value was due to an 8% equalization order from the Iowa Department of Revenue. In protests to the Board of Review, the Petitioner requested a value of $4,405,235 for 2011, 2012, and 2013. The Petitioner requested a value of $4,000,000 for 2014. The Board of Review denied each request for all four years. The Petitioner then filed an appeal to District Court for 2011, 2013 and 2014. The interim year, 2012 would follow the previous year assessment unless a settlement or court order specified a different assessed value. The property in question is a 66,842 square foot movie theater built in 2005. The lot size is 10.257 acres; a substantial part of the lot is covered by building or parking lot. The assessed value of $7,531,970 for 2011 and 2012 consists of land value of $1,899,430 and a building value of $5,632,540. The assessed value of $8,134,527 for 2013 and 2014 consists of land value of $2,051,384 and a building value of $6,083,143. The Board of Review hired three appraisers: Robert Felderman, Kevin Pollard, and Russ Manternach. The Felderman's appraisal resulted in a value of $5,390,000. The Pollard appraisal reached a value of $6,000,000. The Manternach appraisal had a final value of $5,800,000. The Petitioner hired two appraisers: Tom Scaletty and Ken Riggs. The Scaletty appraisal was $4,480,000 for 2011 and $4,620,000 for 2013. The Rigg's appraisal was $4,000,000. The range of the five appraisals is as follows: $ 6,000,000 Board of Review $ 5,800,000 Board of Review $ 5,390,000 Board of Review $ 4,480,000 Petitioner $ 4,000,000 Petitioner The primary difference between the assessed value and the appraised values is a functional obsolescence that comes from a severe downturn in movie theater revenue as the result of other sources of movie entertainment, such as streaming video and on - demand cable television, a lack of population for the number of movie screens in the Dubuque market, and a large amount of square footage that is in the theater lobby area which produces income not associated with the building. It is a consensus of the appraisers that the Dubuque theater is over -built: too many screens, too many seats for each screen, and a large non -theater area. This has a significant impact on the value of the theater. 2 Following mediation, a tentative agreement was reached for an assessed value of $5,150,000 for the assessment years of 2011 through 2014. If approved by the taxing entities, the proposed settlement will result in a reduction of value of $2,381,970 for the 2011 and 2012 assessments and a tax loss to all the taxing entities of $80,313 per year. The settlement for 2013 and 2014 will result in a reduction in value of $2,984,527 for 2013 and 2014 and a tax Toss to the taxing entities of $93,622 for the 2013 year and a similar loss for 2014 although taxes are not yet budgeted for the 2014 year. Pursuant to the Stipulation of Settlement, this appeal will be dismissed and the assessed value be adjusted to $5,150,000 for parcel 1017151017 for the years 2011 through 2014. The proposed settlement will be presented to the Court after fourteen days from the date indicated on the attached Notice of Voluntary Settlement. If there are any objections to the proposed settlement, they should be made known to the Court prior to that time. If you have any questions about the proposed settlement, please contact City Assessor, Rick Engelken at (563)-589-7800. Very scerely t Barry A. Lindahl, Esq. City Attorney BAL/tls Enclosure cc: Michael C. Van Milligen, City Manager Kevin Firnstahl, City Clerk Rick Engelken, City Assessor F:\USERS\tsteckle\Lindahl\Tax Appeals\AMC 2011, 2013 & 2014\ChairperMayorPres_AMC_Agenda_072214.doc 3 IN THE DISTRICT COURT FOR DUBUQUE COUNTY AMC SHOWPLACE THEATRES, INC., ) Plaintiff, Case No. 01311 EQCV099734 Case No. 01311 EQCV101065 vs. ) Case No. 01311 EQCV101589 DUBUQUE CITY BOARD OF REVIEW ) Defendant. ) ORDER On this 3 day of - tkik ° , 2014, there is presented to the Court a proposed Stipulation of Settlement of th6 parties in the above tax appeals. Iowa Code Section 441.44 requires that written notice of the proposed settlement be served upon each of the taxing bodies interested in the taxes derived from the assessments that are the subject of these appeals. The Court concludes that service upon each of the taxing bodies by ordinary mail is sufficient to meet the requirements of the statute. IT IS THEREFORE ORDERED that the Dubuque City Board of Review shall serve a copy of the proposed Stipulation of Settlement upon each of the taxing bodies interested in the taxes derived from the assessment by ordinary mail; and that proof of said service be made by Affidavit of the person who actually mails such copies. SO ORDERED. MONICA AC LFX Judge, First Judicial District IN THE DISTRICT COURT FOR DUBUQUE COUNTY ) AMC SHOWPLACE THEATRES, INC., ) Plaintiff, ) Case No. 01311 EQCV099734 Case No. 01311 EQCV101065 vs. ) Case No. 01311 EQCV101589 ) DUBUQUE CITY BOARD OF REVIEW ) Defendant. ) STIPULATION OF SETTLEMENT Plaintiff, AMC Showplace Theatres, Inc., and Defendant, Dubuque City Board of Review, state to the Court that the pending litigation with regard to the tax assessment for the following -described property as of January 1, 2011, January 1, 2012, January 1, 2013, and January 1, 2014: Parcel ID 101715017: Lot 6 Asbury Plaza #12 has been settled and agreed upon as follows: 1. Valuation: Land $1,899,430.00 Buildings $3,250,570.00 Total $5,150,000.00 It is further agreed that the Valuation of $5,150,000,00 shall be effective for January 1, 2011, January 1, 2012, January 1, 2013, and January 1, 2014. It is further agreed that upon entry of a Court Order confirming the above settlement, the above pending litigation shall be dismissed with prejudice and the costs shall be paid by Plaintiffs. Dated thisiii fk day of (-Jai 2014. AMC SHOWPLACE TMATRES, INC D11DIQUg BOARD OF REVIEW by: by: Sam nes-Esq, B,rry A. Lindahl, Esq. IN THE DISTRICT COURT FOR DUBUQUE COUNTY AMC SHOWPLACE THEATRES, INC., ) Plaintiff, ) vs. ) DUBUQUE CITY BOARD OF REVIEW ) Defendant. ) Case No. 01311 EQCV099734 Case No. 01311 EQCV101065 Case No. 01311 EQCV101589 NOTICE OF VOLUNTARY SETTLEMENT TO: City of Dubuque, Iowa County of Dubuque, Iowa Dubuque Community School District Northeast Iowa Community college Dubuque County Hospital Dubuque County Agricultural Extension Service Conference Board of the City of Dubuque YOU ARE HEREBY NOTIFIED, pursuant to Iowa Code Section 441.44, that the above-named Plaintiff and the Dubuque City Board of Review, Defendant, have entered into a voluntary settlement of this assessment appeal. A copy of the proposed Stipulation of Settlement is attached hereto. This Stipulation of Settlement will be presented to the above-named Court for approval after fourteen days from the date of this Notice. Dated this .l\ day of l t1 , 2014. DUBUQUE CITY BOARD OF REVIEW By Barf A. Lindahl, Esq. City Attorney Suite 330, Harbor View Place 300 Main Street Dubuque, IA 52001-6944 (563) 583-4113 F:\USERS\tsteckle\Lindahl\Tax Appeals\AMC 2011, 2013 & 2014\NoticeOfVoluntarySettlement_070814.doc