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Home My WebLink About20132572.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR TAX INCREMENT REVENUE SHARING AND AUTHORIZE CHAIR TO SIGN - TOWN OF ERIE URBAN RENEWAL AUTHORITY 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 has been presented with an Intergovernmental Agreement for Tax Increment Revenue Sharing between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Town of Erie Urban Renewal Authority, commencing upon full execution, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Tax Increment Revenue Sharing between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Town of Erie Urban Renewal Authority be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of September A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board APP Barbara Kirkmeyer, Acting Pr,a-Tem my Attorney Date of signature: 2013-2572 EXCUSED William F. Garcia, Chair EXCUSED Douglas Rademacher, Pro-Tem P. Conway CC'. CA-P-.F/t5e) a5 BC0044 INTERGOVERNMENTAL AGREEMENT FOR TAX INCREMENT REVENUE SHARING BY AND BETWEEN THE TOWN OF ERIE URBAN RENEWAL AUTHORITY AND WELD COUNTY This Intergovernmental Agreement ("Agreement"), is entered into effective as of the /oath day of„S bnx , 2013 (the "Effective Date"), by and between the TOWN OF ERIE URBAN RENEWAL AUTHORITY, a body corporate and politic of the State of Colorado ("TOEURA"), whose address is 645 Holbrook Street, Erie, Colorado 80516, and the COUNTY OF WELD, a political subdivision of the State of Colorado (the "County"), whose address is P.O. Box 750, 1150 O Street, Greeley, Colorado 80632 (TOEURA and the County may be referred to herein individually as a "Party" and may be collectively referred to herein as the "Parties.") RECITALS A. TOEURA is a public body corporate and politic authorized to transact business and exercise its powers as an urban renewal authority under and pursuant to the Colorado Urban Renewal Law, Part 1 of Article 25 of Title 31, C.R.S. (the "Act"). B. The Board of Trustees (the "Town Board") for the Town of Erie (the "Town") approved the creation of TOEURA on October 11, 2011 and, at that time, designated the Town Board as the TOEURA Board of Trustees (the "Trustees"). C. The County is a political subdivision of the State of Colorado and the County's boundaries overlap TOEURA's jurisdictional boundaries such that the County has the authority to impose a mill levy within TOEURA's jurisdictional boundaries. D. On September 10 , 2013 the Trustees will consider Resolution No. 13-111 approving the Urban Renewal Plan for the Area No.4 Urban Renewal Area (the "Urban Renewal Plan"), which, in addition to creating the Area No.4 Urban Renewal Area, designates a sub -area within the Area No. 4 Urban Renewal Area within which tax increment shall be authorized ("TIF Area") for the purposes authorized in the Act, including utilizing tax increment financing ("TIF Financing"), as contemplated by C.R.S. § 31-25-107(9)(a). The TIF Area includes the parcels commonly known as Phase I and more particularly described in Exhibit A and as depicted in Exhibit B both attached hereto and incorporated herein. E. The Act provides that taxes levied after the effective date of the approval of an urban renewal plan upon taxable real property in the area described in such urban renewal plan shall be divided each year for a period not to exceed twenty-five (25) years from the effective date of the urban renewal plan and that a portion of said property tax revenues shall be allocated to and paid into a special fund of the applicable urban renewal authority, as more particularly described in the Act. 2013-2572 016294\0002\10632206.2 1 F. Pursuant to the Urban Renewal Plan, taxes levied after the effective date of the Trustees' approval of the Urban Renewal Plan on taxable real property located within the TIF Area shall be divided each year for a period not to exceed twenty-five (25) years from the effective date of the Urban Renewal Plan and that a portion of said property tax revenues (the "TIF Revenue") shall be allocated to and paid into a special fund of TOEURA to pay the principal of, interest on, and any premiums due in connection with bonds of, loans or advances to, or indebtedness incurred by TOEURA for financing an urban renewal project or to make payments in accordance with an agreement executed pursuant to C.R.S. § 31-25-107(11). G. TOEURA and the County recognize that a division of taxes pursuant to C.R.S. § 31-25-107(9)(a) on taxable real property within the boundaries of the County without an agreement concerning the sharing of TIF Revenue may hinder (a) the effectuation of the Urban Renewal Plan and the planned urban renewal projects to be located within the Urban Renewal Plan Area, and (b) the County's ability to provide its services and facilities to its constituents. H. Therefore, TOEURA and the County desire to enter into this Agreement for the transfer to the County of certain portions of the TIF Revenue. The County shall be entitled to receive a portion of the TIF Revenue generated by the imposition of its mill levy (the County's "Mill Levy Increment"), if and when received by TOEURA, as a result of the imposition of the Urban Renewal Plan and the collection of the TIF Revenue from the TIF Area as set forth in this Agreement. As of the date of this Agreement, the County's mill levy within the TIF Area is I. In consideration therefore, the County expressly consents to the formation of the Daybreak Urban Renewal Area. J. TOEURA and the County are authorized to enter into this Agreement pursuant to law, including, without limitation, C.R.S. § 31-25-112. NOW THEREFORE, in consideration of the foregoing recitals and the covenants, promises and agreements of each of the Parties hereto, it is agreed by and among the Parties hereto as follows: 1. Incorporation of Recitals. The foregoing recitals are incorporated into and made a part of this Agreement. 2. TIF Revenue Sharing Formula. (a) The TIF Area currently consists of undeveloped real property classified as agricultural land. Once developed and reclassified, the TIF Revenue that is the difference between the assessed value of the real property with ground improvements (e.g. utilities such as sewer) and the assessed value of the real property with improvements to the land (e.g. buildings and structures) shall be retained by TOEURA for use for Public Improvements (as hereinafter defined) (the foregoing calculation shall be referred to herein as the "Formula"); (b) Not being subject to the Formula or Cap (defined herein), all of the County's Mill Levy Increment portion of the TIF Revenue from the assessed value of the real property with ground improvements shall not be retained by TOEURA, but shall be remitted by 016294\0002\10632206.2 2 TOEURA to the County for the purpose of reimbursing the County for providing services within the TIF Area, after deducting the Administrative Fee (as hereinafter defined); (c) Once the TIF Revenue retained by TOEURA pursuant to subsection (a) reaches Ten Million and No/100 Dollars ($10,000,000.00), TOEURA shall continue to retain the funds, but shall only use the funds to pay for and reimburse the costs, expenses, and/or indebtedness incurred for the provision of public improvements to County Road 5; and (d) Once the TIF Revenue retained by TOEURA pursuant to subsections (a) and (c) reaches Fourteen Million and No/100 Dollars ($14,000,000.00), it shall be capped (the "Cap") and all future County Mill Levy Increment generated within the TIF Area shall be remitted by TOEURA to the County for the purpose of reimbursing the County for providing services within the TIF Area. TOEURA's obligation to transfer to the County the County Mill Levy Increment portion of the TIF Revenue as described in this Section 2 shall be referred to herein as the "Transfer Obligation." 3. Eligible Public Improvements. TOEURA agrees to spend that portion of TIF Revenue retained by TOEURA under the Formula and that is not subject to the Transfer Obligation solely for paying or reimbursing the costs, expenses and/or indebtedness incurred for the provision of public improvements (the "Public Improvements") in the area of, and in furtherance of the goals of the Urban Renewal Plan, which are limited to the following: (a) Erie Parkway; (b) sanitary sewer; (c) water; (d) re -use of water and irrigation system; (e) traffic and signalization improvements, including the signal directly across from Erie High School; (f) drainage improvements; and (g) a pedestrian bridge to the area of the Town known as Old Town. Pursuant to Section 2(c) of this Agreement, TOEURA agrees to spend that portion of TIF Revenue retained by TOEURA under the Formula and that is not subject to the Transfer Obligation which is between Ten Million and No/100 Dollars ($10,000,000.00) and Fourteen Million and No/100 Dollars ($14,000,000.00) solely for the provision of public improvements to County Road 5. 4. Authority Administrative Fee. An administrative fee equal to one percent (1%) of the TIF Revenue as determined on an annual basis shall be retained by TOEURA (the "Administrative Fee"). Notwithstanding anything to the contrary set forth in this Agreement or in the Urban Renewal Plan, TOEURA shall be entitled to retain the Administrative Fee to pay the reasonable and customary administrative costs of the Authority incurred in connection with TOEURA's obligations under this Agreement including, but not limited to, the collection, enforcement, disbursement, and administrative fees and costs related to TIF Revenue and the TIF Area. The Administrative Fee shall be deducted annually from the total TIF Revenue received, not from each County's Mill Levy Increment or the payments made pursuant to the Transfer Obligation. 5. Agreement Confined to Specified Revenue. This Agreement applies only to TIF Revenue derived from imposition of real property taxes (land and improvements to land) in the TIF Area, if any, that is calculated, produced, allocated and transferred to TOEURA in accordance with C.R.S. § 31-25-107(9)(a)(II) and the rules and regulations of the Property Tax Administrator of the State of Colorado, and does not include any other revenues of TOEURA. The County agrees and acknowledges that the County is not entitled to and expressly disclaims any and all right, title or interest in and to any other taxes or revenues collected by TOEURA, 016294\0002\10632206.2 3 including, without limitation, any personal property tax, sales tax, or private improvement fees. The County expressly waives and agrees not to object to: (a) the Town's or the Trustees' approval of the Urban Renewal Plan, including, without limitation, its approval of the use of TIF Financing and collection of TIF Revenue, and (b) TOEURA's imposition of any personal property tax, sales tax, private improvement fees or other fees in connection with the Urban Renewal Plan or Urban Renewal Plan Area. This Agreement applies only to the TIF Area. 6. Subordination. By written consent of the County, as evidenced by a resolution approved by the Board of County Commissioners of the County, the Transfer Obligation may be made subordinate to any payment of the principal of, the interest on, and any premiums due in connection with bonds of, loans or advances to, or indebtedness incurred by TOEURA for financing or refinancing, in whole or in part, any urban renewal project specified in the Urban Renewal Plan. 7. Delays. Any delays in or failure of performance by any Party of its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God; acts of public enemy; acts of the Federal or state government; acts of third parties; litigation concerning the validity of this Agreement or relating to transactions contemplated hereby; fire, floods, strikes, labor disputes, accidents, regulations or order of civil or military authorities; shortages of labor or materials; or other causes, similar or dissimilar, which are beyond the control of such Party. Notwithstanding the foregoing, where any of the above events shall occur which temporarily interrupt the ability of TOEURA to transfer to the County revenues as provided in this Agreement, as soon as the event causing such interruption shall no longer prevail, TOEURA shall transfer the total amount of the effected revenues that have been received by TOEURA that is then in the account, as determined according to the provisions of this Agreement. 8. Termination and Subsequent Legislation. This Agreement may be terminated at any time upon the mutual written agreement of TOEURA and the County. In addition, in the event of termination of the Urban Renewal Plan, including, without limitation, the provisions of such plan authorizing TIF Financing, TOEURA may terminate this Agreement by delivering written notice to the County. TOEURA may also terminate this Agreement by delivering written notice to the County if the County no longer provides any services within the Town. The Parties further agree that in the event legislation is adopted after the Effective Date of this Agreement that invalidates or materially or adversely affects any provisions hereof, the Parties will in good faith negotiate for an amendment to this Agreement that most fully implements the original intent, purpose and provisions of this Agreement. 9. Entire Agreement. This instrument embodies the entire agreement of the Parties with respect to the subject matter hereof. There are no promises, terms, conditions, or obligations other than those contained herein and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the Parties hereto. No modification to this Agreement shall be valid unless agreed to in writing by the Parties hereto. 10. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their successors in interest. 016294\0002\10632206.2 4 11. No Third -Party Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned Parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned Parties that any entity other than the undersigned Parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 12. No Waiver of Immunities. Nothing contained herein shall be construed as a waiver, in whole or in part, by any Party hereto of the rights, protections, and privileges afforded under the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S. or under any other law, nor shall any portion of this Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a Party to this Agreement. 13. Severability. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Further, in the event of any such holding of invalidity, illegality or unenforceability, the Parties will in good faith negotiate for an amendment to this Agreement that achieves to the greatest degree possible the intent of the affected provision of this Agreement. 14. No Assignment. No Party may assign any of its rights or obligations under this Agreement without the express prior written consent of the other Party. Any attempted assignment in violation of this provision shall be null and void and of no force and effect. 15. Paragraph Captions. The captions of the paragraphs are set forth only for the convenience and reference of the Parties and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. 16. Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. 17. Governing Law. This Agreement and the provisions hereof shall be governed by and construed in accordance with the laws of the State of Colorado. 18. No Presumption. The Parties to this Agreement and their attorneys have had a full opportunity to review and participate in the drafting of the final form of this Agreement. Accordingly, this Agreement shall be construed without regard to any presumption or other rule of construction against the Party causing the Agreement to be drafted. 19. Notices. Any notice required by this Agreement shall be in writing. All notices, demands, requests and other communications required or permitted hereunder shall be in writing, and shall be (a) personally delivered with a written receipt of delivery; (b) sent by a nationally -recognized overnight delivery service requiring a written acknowledgement of receipt or providing a certification of delivery or attempted delivery; (c) sent by certified or registered mail, return receipt requested; or (d) sent by confirmed facsimile transmission or electronic 016294\0002\10632206.2 5 delivery with an original copy thereof transmitted to the recipient by one of the means described in subsections (a) through (c) no later than 5 business days thereafter. All notices shall be deemed effective when actually delivered as documented in a delivery receipt; provided, however, that if the notice was sent by overnight courier or mail as aforesaid and is affirmatively refused or cannot be delivered during customary business hours by reason of the absence of a signatory to acknowledge receipt, or by reason of a change of address with respect to which the addressor did not have either knowledge or written notice delivered in accordance with this paragraph, then the first attempted delivery shall be deemed to constitute delivery. Each Party shall be entitled to change its address for notices from time to time by delivering to the other Party notice thereof in the manner herein provided for the delivery of notices. All notices shall be sent to the addressee at its address set forth following its name below: If to TOEURA: with a copy to: If to the County: Town of Erie Urban Renewal Authority Attention: Executive Director 645 Holbrook Street Erie, Colorado 80516 Telephone: (303) 926-2710 Facsimile: (303) 926-2706 Email: ajkrieger@erieco.gov Brownstein Hyatt Farber Schreck LLP Attention: Carolynne White, Esq. 410 17th Street, Suite 2200 Denver, Colorado 80202 Telephone: (303) 223-1100 Facsimile: (303) 223-1111 Email: cwhite@bhfs.com County of Weld Attention: Bruce T. Barker, Weld County Attorney P.O. Box 758, 1150 O Street Greeley, Colorado 80632 Telephone: (970) 356-4000, Ext. 4390 Facsimile: (970) 352-0242 Email: bbarker@co.weld.co.us 20. Days. If the day for any performance or event provided for herein is a Saturday, a Sunday, a day on which national banks are not open for the regular transactions of business, or a legal holiday pursuant to C.R.S. § 24-11-101(1), such day shall be extended until the next day on which such banks and state offices are open for the transaction of business. 21. Parties Not Partners. Notwithstanding any language in this Agreement or any other agreement, representation, or warranty to the contrary, the Parties shall not be deemed to be partners or joint venturers, and no Party shall be responsible for any debt or liability of any other Party. 016294\0002\10632206.2 6 22. Waiver. Pursuant to C.R.S. § 31-25-107(11), the County agrees to waive all provisions of Part 1 of the Act that provide for notice to the County, require any filing with or by the County, require or permit consent from the County, or provide for any enforcement right to the County. IN WITNESS WHEREOF, TOEURA and the County have caused their duly authorized officials to execute this Agreement effective as of the Effective Date. COUNTY: ATTEST: r:i." -- COUNTY OF WELD, a political subdivon of the State of Colorado By: Clerk to the By: William F. Garcia, Chairman Board of County Commissioners of the County of Weld SEP 1 1 2013 016294\0002\10632206.2 7 0,7e29- casz,7 TOEURA: ATTEST: By: TOWN OF ERIE URBAN RENEWAL AUTHORITY, a body corporate and politic of the State of Colorado Nanc J. P: j er, ecording Secretary S. Wilson, Chair 0 16294'0 0211 0632206.2 8 Exhibit A Legal Description of the TIF Area A PARCEL OF LAND LOCATED IN THE SOUTH HALF AND NORTHWEST QUARTER OF SECTION 17 AND THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 1 NORTH. RANGE 68 WEST OF THE 6TH P.M., TOWN OF ERIE, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 17 (A 2" ALUMINUM CAP STAMPED LS 28258, 1999) FROM WHENCE THE SOUTHWEST CORNER OF SECTION 17 (2.5" ALUMINUM CAP STAMPED LS 19003, 2002) LIES S88'48'45"W, 2,648.06 FEET (BASIS OF BEARINGS); THENCE 01'11'15"W, 70.00 FEET TO THE NORTHERLY RIGHT OF WAY UNE OF ERIE PARKWAY (AS OF JUNE, 2012) AND THE POINT OF BEGINNING; THENCE 588'48'45"W. 2,561.78 FEET ALONG THE SAID NORTHERLY RIGHT OF WAY UNE TO THE SOUTHEASTERLY POINT OF CURVATURE AT THE NORTHEASTERLY CORNER OF THE INTERSECTION OF ERIE PARKWAY AND COUNTY ROAD 3; THENCE 589'38'48"W, 170.73 FEET TO THE SOUTHWESTERLY POINT OF CURVATURE AT THE SOUTHWESTERLY CORNER OF THE INTERSECTION OF ERIE PARKWAY AND COUNTY ROAD 3; THENCE CONTINUING ALONG THE NORTHERLY RIGHT OF WAY LINE OF ERIE PARKWAY THE FOLLOWING SIX COURSES: 1) N89'31'17"W, 744.62 FEET; 2) 39.27 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 90'00'00", AND A CHORD BEARING N44'31'17"W, 35.36 FEET; 3) N89'31'17"W, 60.00 FEET; 4) 39.27 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT. SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 90'00'00", AND A CHORD BEARING 54528'43"W, 35.36 FEET; 5) N89'31'17"W, 221.91 FEET; 6) N86'54'04"W, 223.54 FEET; THENCE ALONG THE WESTERLY LINE OF TRACT 20 OF "BRIDGEWATER MASTER SUBDIVISION" THE FOLLOWING SIX COURSES: 1) NOO'29'16"E, 49.80 FEET; 2) 453.09 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 440.00 FEET, A CENTRAL ANGLE OF 59'00'00". AND A CHORD BEARING N29'OO'44"W, 433.33 FEET; 3) N58'30'44"W, 204.67 FEET; 4) 629.21 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 1,007.50 FEET, A CENTRAL ANGLE OF 35'46'57", AND A CHORD BEARING NO7'31'37"E, 619.03 FEET; 5) N10'21'52"W, 694.70 FEET; 6) 655.74 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 1,287.50 FEET, A CENTRAL ANGLE OF 29'10'54", AND A CHORD BEARING N04'13'35"E, 648.68 FEET; 'THENCE 589'34'58"E, 912.45 FEET TO A CORNER ON THE EASTERLY LINE OF SAID TRACT 20 (ALSO BEING THE SOUTHWESTERLY CORNER OF A PARCEL RECORDED IN BOOK 30 AT PAGE 483); THENCE S89'34'58"E, 804.84 FEET ALONG TRACT UNE OF SAID TRACT 20 TO A NORTHEASTERLY CORNER OF TRACT 20, BEING 30.00 FEET WEST OF THE EASTERLY LINE OF THE SOUTHEAST QUARTER OF SECTION 18; THENCE N89'34'50"E, 80.00 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 3 (ALSO BEING THE WESTERLY LINE OF TRACT 7 OF "BRIDGEWATER MASTER SUBDIVISION"; THENCE ALONG 7HE SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING TWO COURSES: 1) NOO'25'10"W, 45.75 FEET; 2) NOO'02'28"W 33.54 FEET; THENCE N69'34'50"E, 43.67 FEET; THENCE N54'10'55"E, 197.90 FEET; THENCE N74'57'55"E, 168.18 FEET; THENCE N87'41'07"E, 168.64 FEET; THENCE 584'53'37"E, 254.89 FEET; THENCE 139.96 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 53'28'19", AND A CHORD BEARING SO5'45'15"£, 134.96 FEET; THENCE 564'47'21"E, 60.12 FEET; THENCE 36.27 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 83'07'34", AND A CHORD BEARING S19'22'18"E, 33.17 FEET; THENCE 142.49 FEET ALONG NE ARC OF A REVERSE CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 480.00 FEET, A CENTRAL ANGLE OF 17'00'31", AND A CHORD BEARING 552'25'48"E, 141.97 FEET; THENCE 26.35 FEET ALONG THE ARC OF A COMPOUND CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 210.00 FEET, A CENTRAL ANGLE OF 0711'21", AND A CHORD BEARING S40'19'52"E, 26.33 FEET; THENCE 36.22 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 016294\0002\10632206.3 25.00 FEET, A CENTRAL ANGLE OF 83'00'01", AND A CHORD BEARING S7814'11"E, 33.13 FEET; THENCE 88.03 FEET ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 1,710.00 FEET, A CENTRAL ANGLE OF 02'56'59", AND A CHORD BEARING N61'44'17"E, 88.02 FEET; THENCE 132.83 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 50'44'14", AND A CHORD BEARING N37'50'40"E, 128.53 FEET; THENCE 577'31'27"E, 60.00 FEET; THENCE 33.36 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT. SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 76'27'53", AND A CHORD BEARING 525'45'23"E. 30.94 FEET; THENCE 563'59'2O"E, 11.67 FEET; THENCE N26'00'40"E, 110.00 FEET; THENCE 563'59'2O"E, 65.39 FEET; THENCE 555'25'14"E, 78.11 FEET; THENCE 52814'22"E, 338.83 FEET; THENCE 5291O'17"E, 77.54 FEET; THENCE 52213'35"E, 282.22 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF DAYBREAK PARKWAY (PREVIOUSLY NAMED BRIDGEWATER PARKWAY); THENCE 51511'O7"E, 80.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF DAYBREAK PARKWAY; THENCE ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE OF DAYBREAK PARKWAY THE FOLLOWING THIRTEEN COURSES: 1) 311.59 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 835.00 FEET, A CENTRAL ANGLE OF 21'22'51", AND A CHORD BEARING N85'3O'24"E, 309.79 FEET; 2) 583'48'11"E. 486.74 FEET; 3) 549.75 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 2,010.00 FEET, A CENTRAL ANGLE OF 15'40'15", AND A CHORD BEARING 575'58'O4"E, 548.04 FEET; 4) 39.96 FEET ALONG THE ARC OF A COMPOUND CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 91'35'16", AND A CHORD BEARING 522'2O'18"E, 35.84 FEET; 5) 566'32'4O"E, 60.00 FEET; 6) 39.96 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 25.00 FEET. A CENTRAL ANGLE OF 91'35'16", AND A CHORD BEARING N69'14'58"E, 35.84 FEET; 7) 335.79 FEET ALONG THE ARC OF A COMPOUND CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 2,010.00 FEET, A CENTRAL ANGLE OF 09'34'19", AND A CHORD BEARING 56O1O'14"E, 335.40 FEET; 8) 555'23'O5"E, 176.47 FEET; 9) 38.65 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 540.00 FEET, A CENTRAL ANGLE OF 04'06'04". AND A CHORD BEARING 557'26'O7"E, 38.64 FEET; 10) 36.82 FEET ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 24.99 FEET, A CENTRAL ANGLE OF 84'25'29", AND A CHORD BEARING 517'16'24"E, 33.58 FEET; 11) 565'O4'18"E. 60.00 FEET; 12) 36.83 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 84'24'49", AND A CHORD BEARING N67'08'07"E, 33.59 FEET; 13) 261.66 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 540.00 FEET, A CENTRAL ANGLE OF 27'45'47", AND A CHORD BEARING 58432'22"E, 259.11 FEET; THENCE ALONG THE EASTERLY LINE OF TRACT 1 OF "BRIDGEWATER MASTER SUBDIVISION" THE FOLLOWING SIX COURSES: 1) 532'47'27"E, 284.05 FEET; 2) 552'4O'5O"E, 44.21 FEET; 3) 532'47'27"E, 158.29 FEET; 4) 5O4'57'33"W, 177.28 FEET; 5) 549'O4'18"E, 611.13 FEET; 6) 544'15'54"E, 259.10 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF ERIE PARKWAY; THENCE 588'48'09"W, 2,301.89 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE TOWN OF ERIE PARCEL RECORDED AT RECEPTION NO. 151675 AND THE ADJACENT 30.00 FEET OF RIGHT OF WAY TO SAID PARCEL FOR COUNTY ROAD 3. NET ACREAGE OF DESCRIBED PARCEL: 288.90 ACRES DESCRIPTION PREPARED BY: BO BAIZE, COLORADO PLS 37990 FOR AND ON BEHALF OF HURST & ASSOCIATES, INC. 2500 BROADWAY, SUITE B BOULDER, CO. 80304 01629410002\10632206.3 Exhibit B Depiction of the TIF Area 0 500 1,000 016294\0002\10632206.3 2,000 3,000 Feet Tax Increment Financing Area Tax Increment Financing Area Parcels 1 Town of Erie, Colorado AREA NO. 4 URBAN RENEWAL PLAN 0 5001,000 2,000 3,000 4,000 Feet Tax Increment Financing Area Area No. 4 Urban Renewal Area Date: Thursday, August 08, 2013 RICKER I CUNNINGHAM (303) 458-5800 www.rickercunningham.com 8200 South Quebec Street, Suite A3-104 - Centennial, CO 80112-4411 Rafaela Martinez From: Rafaela Martinez Sent: Monday, September 22, 2014 1:25 PM To: 'cwhite@bhfs.com' Subject: Town of Erie Urban Renewal Authority - Intergovernmental Agreement w/ Weld County Attachments: 20132572 IGA - Town of Erie.pdf Good Afternoon Carolynne, It was a pleasure speaking with you this afternoon. Attached is the copy of the IGA from September 2013 that we spoke about. We still need (1) Exhibits A and B and (2) a signed signature page from the Town of Erie URA(pg 8 of Agreement) I appreciate your diligence in working with us. Please let me know if you need anything. Thank you, Rafaela ✓4. Martinez Deputy Clerk to the Board 1150 O Street P.O. Box 7581 Greeley, CO 80632 tel: (970) 336-7215 X5226 } tggl r`' r 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. 1/)(0/K Ca: 50 {7m) a vfa.c9- C I))h +a eau Ate bast. —K 1 02013- P57a Town Of Erie Request for Records NI ► lQY--t!>`-Q Address: ));T) ttonk n 1)i$ Co Fax Number: 1170 -3369 70233 Document Requested (Additional room on back) • Reason for Request h DateJkflIkfJ1ihc2/ c2o/ Phone Number Email:IVull rhri V 4d. o✓ & v1 a J Special Instructions .-11\t4 rYt Reason for Denial of Inspection: Ettaxllti O.ACurn\ Qa4iA cktiu ,bile, i 1, ❑ Contrary to State Statute El Prohibited by rules of the court Fee Schedule ❑ Contrary to public interest • -sided piece of paper (up to 8 5" x 11"} consttutes one page. A double -sided piece of paper (up to 8.5" x 11") constitutes two pages. "-- Type of Service Minimum Charge Additional Charges/Notes 1) Open Records Request — on -site paper $.25 per page If a request takes more than one hour to complete, the Town will also charge $30.00 for each additional hour spent. 2) Open Records Request — on -site photographs $15.00 per request, plus the per photograph charge • $.50 per photograph If a request takes more than fifteen minutes to complete, the Town will also charge $3.75 for each additional 15 minutes spent researching request. 3) Open Records Request — Off -site $30.00 PRE -PAID for off -site box, • All other copying costs pertain to request. Records (covers the cost of delivery plus the standard fees as listed • If a request takes more than 15 minutes to complete, the Town and pickup only) above will also charge $3.75 for each additional 15 minutes spent 4) Video/Audio Cassettes or DVD's $15.00 pre paid • Tapes are copied in real time and require a minimum of 3 days • notice. 5) Open Records Request — Manipulation of data in order to create a requested record Actual Cost of Manipulating data. CRS 24-72-205 (3)(4) • All other copying costs pertaining to request. Direct costs to the Town i.e. attorney's fees, outsource copying, courier, etc.., shall be also assessed. 6) Copy only - internal or external 8.5" x 11" or 14" $.25 Colored Maps and Colored Printed Materials. (includes any size copy paper up to 11" x 17") 11" x 17" $.50 a. 8.5 x 11 $10.00 d 24x36 $20.00 b 11x 17 $13.00 e. 36x58 $25.00 Maps B & W $3.50 c 18x 24 $16.00 24"x 36" Response time pursuant to the Colorado Open Records Law: 24-72-203 - The date and hour set for the inspection of records not readily available at the time of the request shall be within a reasonable time after the request. As used in this subsection (3), a "reasonable time' shall be presumed to be three working days or less Such period may be extended it extenuating circumstances exist. However, such period of extension shall not exceed seven days. A finding that extenuating circumstances exist shall be made in writing by the custodian and shall be provided to the person making the request within the three-day period. " Extenuating circumstances may be identified as a broadly stated request that encompasses all or substantially all of a large category of records the request is without sufficient spedficity to allow the custodian reasonably to prepare or gather the records within the three-day period; or, A broadly stated request is made that encompasses all or substantially all of a large category of records and the agency is unable to prepare or gather the records within the three-day period because the agency needs to devote all or substantially all of its resources to meeting an impeding deadline or period of peak demand that is either unique or not predicted to recur more frequently than once a month or so. Access to and Denial of Records pursuant to the Colorado Open Records Law: 24-72.305.5— Records of official actions and criminal justice records and the names, addresses, telephone numbers, and other information in such records shall not be used by any person for the purpose of soliciting business for pecuniary gain. The official custodian shall deny any person access to records of official actions and criminal justice records unless such person signs a statement which affirms that such records shall not be used for the direct solicitation of business for pecuniary gain. PAYMENT: THE TOWN OF ERIE WILL ACCEPT PAYMENT BY CASH OR CHECK ONLY! By signing this form, I acknowledge that I have read and understand the above Colorado revised state statutes. I am not requesting offici- -c Ion . r criminal justice records for the purpose of solicitation of business or for pecuniary gain. Applicant Signat Please complete fo Internal use only: 'Mail Date m and fax to 303-926-2706 or tail to Town Clerk P. Box 750, Erie, CO 80516. Amount pre -paid: Amount due: Identification Verified by: Donna Bechler From: Donna Bechler Sent: Tuesday, January 14, 2014 10:51 AM To: Bruce Barker Subject: FW: 2013-2572 - Intergovernmental Agreement for Tax Increment Revenue Sharing - Town of Erie Urban Renewal Authority Attachments: Town of Erie Urban Renewal Authority.pdf Bruce, We still haven't heard back from this one. It was approved September 11, 2013. Donna Bechler Deputy Clerk to the Board 1150 O Street P.O. Box 758 Greeley, Colorado 80632 970-336-7215 Ext 4227 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: Donna Bechler Sent: Monday, December 16, 2013 2:54 PM To: Bruce Barker Subject: 2013-2572 - Intergovernmental Agreement for Tax Increment Revenue Sharing - Town of Erie Urban Renewal Authority Bruce, This is the other one we talked about. We still need more information from them before we can complete this document. 1. We need the mill levy for the TIF area 2. Still need Exhibits A and B 3. Signing page from Town of Erie Urban Renewal Authority On September 10`h, you received an e-mail from Carolynne White, stating that they would be finalizing the exhibits within the next couple of days, and she would send them to you. We have not received any of these documents as of this time. Thanks, Donna 1 'D/J- �f5/l Donna Bechler From: Sent: To: Cc: Subject: Attachments: Carolynne: Bruce Barker Tuesday, December 17, 2013 10:49 AM White, Carolynne C. Donna Bechler FW: 2013-2572 - Intergovernmental Agreement for Tax Increment Revenue Sharing - Town of Erie Urban Renewal Authority Town of Erie Urban Renewal Authority.pdf Not certain where we are at with this one. The Board approved back on September 11, 2013, but apparently we are still waiting for information? Not sure! Do you have anything further on this? Thanks! Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, ext. 4390 Fax: (970) 352-0242 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 attorney privileged and 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: Donna Bechler Sent: Monday, December 16, 2013 2:54 PM To: Bruce Barker Subject: 2013-2572 - Intergovernmental Agreement for Tax Increment Revenue Sharing - Town of Erie Urban Renewal Authority Bruce, This is the other one we talked about. We still need more information from them before we can complete this document. 1. We need the mill levy for the TIE area 2. Still need Exhibits A and B 3. Signing page from Town of Erie Urban Renewal Authority 1 On September 10`h, you received an e-mail from Carolynne White, stating that they would be finalizing the exhibits within the next couple of days, and she would send them to you. We have not received any of these documents as of this time. Thanks, Donna Donna Bechler Deputy Clerk to the Board 1150 O Street P.O. Box 758 Greeley, Colorado 80632 970-336-7215 Ext 4227 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 Donna Bechler From: Sent: To: Subject: Carolynne, Donna Bechler Tuesday, October 22, 2013 12:59 PM 'CWhite@BHFS.com' Intergovernmental Agreement - Erie Urban Renewal Agreement I know you've been corresponding with Bruce Barker concerning this document, but we haven't received some of the items we need in order to complete this agreement. We still need the mill levy for the TIF area and we need Exhibits A and B. (You also stated you be sending a vicinity map) If you would be so kind as to e-mail them to me, we could get this document completed and e-mail you a final copy. Thank you, Donna Donna Bechler Deputy Clerk to the Board 1150 O Street P.O. Box 758 Greeley, Colorado 80632 970-336-7215 Ext 4227 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. 1 Donna Bechler From: Sent: To: Subject: Donna Bechler Monday, October 07, 2013 4:10 PM Bruce Barker RE: We need to add this to tomorrow's agenda Thanks Bruce. Further down on this e-mail is one from Esther stating we also need the mill levy for the TIF area and we need Exhibits A and B before we can complete this document. I will just hold it until you get back with me on it. Thanks, Donna Donna Bechler Deputy Clerk to the Board 1150 O Street P.O. Box 758 Greeley, Colorado 80632 970-336-7215 Ext 4227 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: Bruce Barker Sent: Monday, October 07, 2013 2:36 PM To: Donna Bechler Subject: FW: We need to add this to tomorrow's agenda Donna: Here is the email with the approval date and resolution number. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, ext. 4390 Fax: (970) 352-0242 cZ/8- 07,57,7 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 attorney privileged and 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: White, Carolynne C. [mailto:CWhite©BHFS.com] Sent: Tuesday, September 10, 2013 5:50 PM To: Bruce Barker Subject: RE: We need to add this to tomorrow's agenda Date is September 10, 2013. Resolution number is 13-111. We will finalize exhibits when we circulate the execution copy in the next couple of days. I will try to track down a vicinity map. Thanks for the hustle! Carolynne Carolynne C. White LEED AP Brownstein Hyatt Farber Schreck, LLP 410 Seventeenth Street, Suite 2200 Denver, CO 80202 303.223.1197 tel 303.903.6107 cell CWhite@BHFS.com To ensure compliance with requirements imposed by the IRS, we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for purposes of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or tax - related matter addressed herein. STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. From: Bruce Barker [mailto:bbarker@co.weld.co.us] Sent: Tuesday, September 10, 2013 3:49 PM To: White, Carolynne C. Subject: FW: We need to add this to tomorrow's agenda Carolynne: See the e-mail below. Also, would you have a map showing where this property is located? Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 2 1150 "O" Street Greeley, CO 80632 (970) 356-4000, ext. 4390 Fax: (970) 352-0242 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 attorney privileged and 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: Esther Gesick Sent: Tuesday, September 10, 2013 3:36 PM To: Bruce Barker; Don Warden Subject: FW: We need to add this to tomorrow's agenda Bruce and Don, Please see paragraph D — We will need the Town to provide the date and Resolution # to fill in those blanks. Additionally, would you supply the mill levy for the TIF Area? Lastly, we will need to insert Exhibits A and B once they are received from the TOEURA. Thanks! Esther E. Gesick Deputy Clerk to the Board/Office Manager 1150 O Street P.O. Box 7581 Greeley, CO 80632 tel: (970) 336-7215 X4226 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: Bruce Barker Sent: Tuesday, September 10, 2013 2:47 PM To: CB Subject: We need to add this to tomorrow's agenda Sorry did not get it to you sooner. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street 3 Greeley, CO 80632 (970) 356-4000, ext. 4390 Fax: (970) 352-0242 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 attorney privileged and 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. 4 Donna Bechler From: Sent: To: Subject: Bruce Barker Wednesday, September 11, 2013 9:19 AM Commissioners; CTB; Monica Mika; Don Warden FW: Daybreak urban renewal plan Apparently the name is "Area No 4" instead of "Daybreak." Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "0" Street Greeley, CO 80632 (970) 356-4000, ext. 4390 Fax: (970) 352-0242 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 attorney privileged and 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. Original Message From: White, Carolynne C. [mailto:CWhite('BHFS.com] Sent: Tuesday, September 10, 2013 8:26 PM To: Bruce Barker Subject: Daybreak urban renewal plan Hello Bruce - Thanks for your help on this matter. I wanted to let you know that the Town approved the plan tonight, conditioned upon the county's consent as we discussed today. However, the Town also changed the name of the plan to "Area No 4" instead if Daybreak. It turns out that Daybreak is a registered trade name and the developers will be changing it but they haven't come up with a new name yet. If it is possible for you to do so, it would be optimal if you could so apprise the BOCC tomorrow so that they approve the IGA and consent to the plan using the correct name. I will provide corrected execution copies of the IGA for you next week. Feel free to give me a call if you have any questions or would like to discuss. Carolynne Sent from my iPhone Carolynne C. White LEED AP Brownstein Hyatt Farber Schreck, LLP I 2°13- z51a (d cooy9 410 Seventeenth Street, Suite 2200 Denver, CO 80202 303.223.1197 tel 303.903.6107 cell CWhite0BHFS.com would be optimal if you could so apprise the BOCC tomorrow To ensure compliance with requirements imposed by the IRS, we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for purposes of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or tax -related matter addressed herein. STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. 2 Hello