HomeMy WebLinkAbout20091815.tiffRESOLUTION
RE: APPROVE TAX INCREMENT EXPENDITURE AND REVENUE SHARING
AGREEMENT AND AUTHORIZE CHAIR TO SIGN
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 a Tax Increment Expenditure and
Revenue Sharing Agreement among the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, the City of Brighton ("Brighton"), and the
Brighton Urban Renewal Authority ("BURA"), commencing upon full execution, with further
terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deemed it advisable to approve said agreement with
the deletion of the following words from Paragraph 3.b.iii.: "demolition of structures,
environmental mitigation, voluntary land acquisition, relocation expenses, and other normal
urban renewal costs," and
WHEREAS, upon subsequent negotiations by the Board, Brighton and BURA, it was
agreed by all entities that Paragraph 3.b.iii. read as follows:
1. Sharing of County Levy Allocation: Weld County, Brighton and BURA hereby agree to
share the County Tax Levy Allocation as follows:
b. From the remaining fifty per cent (50%) of the revenue produced by the
County Tax Levy Allocation each year, BURA shall pay the following:
iii. The documented and certified costs incurred and paid by BURA for
"Eligible Public Improvements" within the Urban Renewal Area. "Eligible
Public Improvements" shall include and be limited to improvements
related to: wastewater, water, storm water, electric, gas, telecom, road
improvements, railroad, earthwork and other normal urban renewal costs.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Tax Increment Expenditure and Revenue Sharing Agreement
among the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, the City of Brighton, and the Brighton Urban Renewal
Authority, with the modified and amended language as set forth in the last "WHEREAS"
paragraph above, and as shown attached, be, and hereby is, approved.
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2009-1815
FI0049
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BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement, as modified and thereby amended by the parties thereto.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of August, A.D., 2009.
ATTEST:
Weld County Clerk to th,
BY
Deputy Clerk
APPRO b AS/TO
ounty Attorney
Date of signature: gt�'`'°�
BOARD OF
WELD CO
NTY COMMISSIONERS
'Y, COLORADO
(AYE)
William F. Garcia, Chair
)24 -ca —� p u,,�>��1� (AYE)
Douglas'Rademac
P. Conway
AG(.l 7z24NAY)
3
er, Pro-Tem
(AYE)
ra Kirkmeyer
David
Long
(AYE)
2009-1815
F10049
TAX INCREMENT EXPENDITURE AND REVENUE SHARING AGREEMENT
THIS AGREEMENT is made and executed this_- 2 day of August, 2009, by and
between the COUNTY OF WELD, COLORADO (hereinafter referred to as "Weld County"), the
CITY OF BRIGHTON, COLORADO (hereinafter referred to as `Brighton"), and the
BRIGHTON URBAN RENEWAL AUTHORITY (hereinafter referred to as `BURR")..
WITNESSETH:
WHEREAS, by cover letter dated July 2, 2009, and pursuant to C.R.S. § 31-25-107(3.5),
BURA has provided Weld County with an Urban Renewal Impact Report and Revenue
Projections ("County Impact Report") and a copy of the North Brighton Employment Area
Urban Renewal Plan (the "Plan"), both of which detail BURA's and Brighton's intended
inclusion of the parcels described in Plan for the purposes authorized in the Colorado Urban
Renewal Law, including utilizing tax increment financing, as contemplated by C.R.S. § 31-25-
I07(9)(a), for the purposes as set forth under the heading of "Summary Impacts to Weld
County," on page 3 of the County Impact Report, and
WHEREAS, agreements among municipalities, urban renewal authorities, and counties
are authorized under C.R.S. § 31-25-107(11) for the payment of property tax revenue that results
from the county levy in the area described in the Plan (the "Urban Renewal Area"), to be
allocated pursuant to C.R.S. § 31-25-107(9)(a)(II) (the "County Tax Levy Allocation") for the
payment of the costs of any additional county infrastructure or services necessary to offset the
impacts of the urban renewal project (the "Urban Renewal Project") described in the Plan, as it
may be amended, and revenue sharing, and
WHEREAS, Weld County, Brighton and BURA desire to enter into this Agreement for
the purposes set forth in C.R.S. § 31-25-107(11), and
WHEREAS, in consideration of the parties entering into this Agreement, Weld County
waives any right it has to file an objection and ask for arbitration, pursuant to C.R.S. § 31-25-
107(12).
NOW THEREFORE, in consideration of the covenants, promises and agreements of each
of the parties hereto, to be kept and performed by each of them, it is agreed by and between the
parties hereto as follows:
1. Sharing of County Levy Allocation: Weld County, Brighton and BURA hereby
agree to share the County Tax Levy Allocation as follows:
a. BURA shall calculate and pay to Weld County fifty per cent (50%) of the
revenue produced by the County Tax Levy Allocation each year as revenue sharing
authorized under C.R.S. § 31-25-107(11).
b. From the remaining fifty per cent (50%) of the revenue produced by the
County Tax Levy Allocation each year, BURA shall pay the following:
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i. The documented and certified costs incurred and paid by Weld
County for agreements, permits, and inspections related to construction of
improvements by Vestas Blades, Inc. ("Vestas"), in the urban renewal area
described in the Plan. This amount shall be paid in -total in the first year of the
County Tax Levy Allocation.
ii. If, pursuant to C.R.S. § 30-11-123, Weld County and Vestas have
agreed in writing to the payment of a 50% rebate of the taxes on personal property
Vestas has located in the urban renewal area described in the Plan, the total
amount of said rebate, which amount shall be documented and certified by
County. C.R.S. § 30-11-123 authorizes such payments for a period of ten (10)
years.
iii. The documented and certified costs incurred and paid by BURA
for "Eligible Public Improvements" within the Urban Renewal Area. "Eligible
Public Improvements" shall include and be limited to improvements related to:
wastewater, water, storm water, electric, gas, telecom, road improvements,
railroad, earthwork and other normal urban renewal costs.
iv. The documented and certified costs incurred by emergency
services as a result of any hazardous materials incident which may occur within
the urban renewal area described in the Plan.
v. The documented and certified costs incurred by County for its
portion of the dust control measures or paving specified in the "County of Weld,
State of Colorado Long -Term Road Maintenance and Improvement Agreement,"
between County and Vestas dated July 6, 2009, and recorded in the Office of the
Weld County Clerk and Recorder at Reception Number 3638029.
2. Notification of Intended Amendments to Plan. Brighton and BURA agree to
notify County of any intended amendments to the Plan at least ninety (90) days prior to the
public hearing by Brighton to consider such amendment.
3. 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.
4. Binding Effect. This Agreement shall inure to the benefit of and be binding upon
the parties hereto and their successors in interest.
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5. 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.
6. No Waiver of Immunities. No portion of this agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may possess, 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.
7. Severability. If any term or condition of this agreement shall be held to be
invalid, illegal or unenforceable, this agreement shall be construed and enforced without such a
provision, to the extent this agreement is then capable of execution within the original intent of
the parties.
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IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officials
to execute this Agreement the day and year first above written.
COUNTY:
ATTEST:
CI to the. Bo
By:
ATTEST:
By:
Deputy C k tad the Board
Gay incz, City Clerk
ATTEST-
By:
COUNT' OF WELD, a political Weld County
subdivision of the STATE OF COLORADO:
By:
illfam F. Garcia, Chairman
Board of County Commissioners,
County of Weld
CITY:
AUG - 3 2009
CITY OF BRIGHTON, a municipal corporation of
the STATE OF COLORADO
By:
ce E. Pawlowski, Mayor
BRIGHTON URBAN RENEWAL AUTHORITY
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