HomeMy WebLinkAbout20070631.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR CERTAIN ECONOMIC INDUCEMENTS AND
DEVELOPMENT INCENTIVES AND AUTHORIZECHAIRTO SIGN-VESTAS BLADES
AMERICA, INC.
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 Agreement for Certain Economic
Inducements and Development Incentives between the County of Weld,State of Colorado,by and
through the Board of County Commissioners of Weld County, and Vestas Blades America, Inc.,
commencing upon full execution,with 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 Certain Economic Inducements and Development
Incentives between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Vestas Blades America, Inc. 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 12th day of March, A.D., 2007.
BOA,Bp OF COUNTY COMMISSIONERS
WEL OUNTY, COLORADO
�,D� ♦ I cJ�) to l
ATTEST: �/0"
�avid E. Long, Chair
Weld County Clerk to the d� •f ; '
XCUSED
illiam H. ler4�e� Tem
BY: Deputy Clerk to the Board —re //
17�ill m F. Garcia
APPR AS •
Iv�
ert D. Masden
unty ttorney c.9
3/I'? 7 Douglas ademache
Date of signature:
2007-0631
BC0037
AN AGREEMENT FOR CERTAIN ECONOMIC INDUCEMENTS
AND DEVELOPMENT INCENTIVES
This AGREEMENT FOR CERTAIN ECONOMIC INDUCEMENTS AND
DEVELOPMENT INCENTIVES ("Agreement") is executed effective as of March 12
2007 (the "Effective Date") by and between the WELD COUNTY, STATE OF COLORADO, a
Colorado county (the "County"), and VESTAS BLADES AMERICA INC., a Delaware
corporation("Vestas").
RECITALS:
A. Vestas is negotiating a purchase and sale agreement with Broe Land Acquisitions
II, LLC, a Colorado limited liability company, and Broe Land Acquisitions 11, LLC, a Colorado
limited liability company, (jointly, "Broe") to acquire certain unimproved real property
("Property") located in Weld County, Colorado, which is legally described on Exhibit A, attached
hereto and incorporated herein by this reference.
B. Broe is in the process of causing the Property to be annexed into the Town of
Windsor. Vestas anticipates that the Property will be annexed on or about April 16, 2007.
C. Vestas is desirous of executing the aforementioned purchase and sale agreement,
acquiring the Property and constructing a significant manufacturing facility(the"Facility") on the
Property, subject to the satisfactory resolution of certain material issues with Broe.
D. Annexation of the Property and construction of the Facility will provide
substantial economic benefits to the County, including, but not limited to, increased property tax
revenues and the creation of new primary jobs.
E. Through a letter dated November 29, 2006, a copy of which is attached hereto as
Exhibit B and incorporated herein by this reference, the County extended an offer to provide a
50% personal property tax rebate on Vestas's new equipment for ten years. It also asked Vestas
to deliver a letter summarizing its project and providing other particulars. Vestas has heretofore
delivered this letter to the County, thereby initiating the application process. A copy of this letter
also constitutes a part of Exhibit B.
F. It is an appropriate and lawful function of Colorado counties to encourage
industrial development through economic inducements and incentives.
G. To facilitate the construction of the Facility and subject to the terms and
conditions stated herein below, the County desires to provide certain economic inducements and
incentives to Vestas, and Vestas desires to accept such economic inducements and incentives.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the County and Vestas hereby agree as follows:
AGREEMENT:
1. The recitals to this Agreement are fully incorporated herein by this reference
thereto with the same force and effect as though restated herein.
P:\3780\002\lncentives\Agreement with Weld County vl.doc
Ott?'i '3
2. On or before the Effective Date, Vestas does anticipate owning, or having a
contractual right to own,the Property.
3. Notwithstanding anything to the contrary stated herein, Vestas shall have no
obligation to construct the Facility. This Agreement does not create any obligation to construct
the Facility at any time, under any circumstance whatsoever. The County's obligation to provide
to Vestas the economic inducements and incentives, as further described below, is subject to
Vestas's construction and, in some cases, operation of the Facility.
4. Provided that Vestas acquires the Property and opts to construct the Facility and
subject to delays outside of Vestas's control and appropriate consent from the Town of the
Windsor, Vestas reasonably anticipates that it may commence grading and related work with
respect to the Facility on or before March 31, 2007 and complete construction, subject to any
punch list items, and initiate operation,of the Facility on or before January 1, 2008.
The County acknowledges that, in order to meet these and other construction
related deadlines, from time to time, Vestas may need the immediate assistance of the County and
its representatives and employees. Accordingly, from time to time and upon request, the County
agrees to use its best efforts (a) to process requests, applications and the like expeditiously for,
and (b) to make the applicable representatives and employees immediately and readily available
to, Vestas and those individuals acting on its behalf.
5. The County maintains certain standards for evaluating the benefit of industrial
development within its limits and the value of providing economic inducements and incentives to
encourage and sustain such development. Based upon certain documentation provided to the
County, it has determined that the construction and operation of the Facility on the Property
satisfies such standards and will be of substantial economic benefit to the County and the Town
of Windsor. Accordingly, the County hereby agrees as follows:
Pursuant to Section 30-11-123, C.R.S., the County represents that it is authorized
to provide certain incentives to taxpayers in the form of personal property tax credits. In
accordance with the findings set forth in this Agreement, and pursuant to Section 30-11-123,
C.R.S., Vestas shall be afforded personal property tax credits subject to limitations as follows:
a. Fifty percent (50%) of the amount of personal property taxes
paid by Vestas to the County for property appearing on the personal property declaration schedule
submitted by Vestas to the Weld County Assessor for the ten-year period beginning 2008 and
ending 2017, which have not appeared on previous schedules in the State of Colorado, shall be
reimbursed to Vestas by the County. Only property placed in service in the County during the tax
years set forth in this subparagraph shall qualify. It is currently estimated that the amount of
personal property taxes reimbursed to Vestas by the County will total approximately$302,116.
b. Reimbursement by the County shall be made to Vestas within
ninety (90) days after receipt of full payment by Vestas of all personal property taxes due,
together with an affidavit from Vestas stating that it remains eligible for reimbursement under the
provisions of Section 30-11-123, C.R.S. Reimbursement shall be conditioned upon Vestas being
current on all taxes and assessments otherwise levied by the State of Colorado, Weld County, or
the County that are due and payable and relate to the Property.
P:\3780\002\Incentives\Agreement with Weld County v .doc 2
c. The County shall not be required to reimburse Vestas in the
event subsequent legislation adopted by the State of Colorado makes such reimbursement
unlawful, or in the event a court of competent jurisdiction declares any portion of this Agreement
or legislation authorizing payment under this Agreement to be invalid or unconstitutional.
d. In each of the ten years set forth above in this Agreement,
reimbursement by the County to Vestas shall be made only to the extent revenues are available
and shall not constitute a multi-year fiscal obligation.
In connection with providing these incentives, the County agrees to comply with
any obligations imposed pursuant to Section 30-11-123, C.R.S., as may be amended, from time to
time, including, without limitation, subsection(5) thereof.
6. The County acknowledges that Vestas may make an application for a loan from
its revolving loan fund due to the location and nature of the Facility. Upon reasonable request,
the County will make available the necessary individual(s) to provide further information
regarding this opportunity. If Vestas, in its sole discretion, avails itself of this opportunity, the
County agrees to work with Vestas so its application is considered in an expeditious fashion. The
foregoing does not obligate the County to approve any such application. Rather, it requires the
County to give such an application immediate consideration and render a decision in an
expeditious fashion.
7. This writing constitutes the entire agreement between the parties and supersedes
all prior written or oral communications, negotiations, agreements, representations and
understandings between them with respect to the subject matter contained herein.
8. This Agreement may not be enlarged, modified or altered except in writing,
signed by both parties.
9. Neither party may assign the benefits or burdens of this Agreement without the
express written consent of the other, provided that such consent shall not be unreasonably
withheld, delayed or conditioned. Notwithstanding the foregoing, Vestas may assign such
benefits and burdens of this Agreement to an affiliated entity without the County's consent.
10. This Agreement shall be governed by and construed under the laws of the State
of Colorado. Venue for all purposes shall be deemed proper in the District Court of Weld
County, Colorado
11. A waiver by either party of a breach of any of the provisions of this Agreement
shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or
another provision of this Agreement.
12. If any part, term or provision of this Agreement is held by the courts to be illegal
or otherwise unenforceable, such illegality or unenforceability shall not affect the validity of any
other part, term or provision, and the rights of the parties shall be construed as if the part, term or
provision in question was never part of this Agreement.
13. This Agreement shall be deemed to run with the land and, upon its execution by
the parties, shall be recorded with the Weld County Clerk and Recorder. Upon execution by the
P:\3780\002\lncentives\Agreement with Weld County vl.doc 3
parties, this Agreement shall be binding upon the parties hereto, their respective successors and
assigns.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the
Effective Date.
WELD;UNTY,COLORADO
By:
• David E. Lon: P
h: .�L.ir, Board of Collt Commissioners
ATTEST: jamilial , �+ �i ';/12/2007
1861 ;'� -
BY: /Q(62 •/
ILI 11
VESTAS BLADES AMERICA,INC.
By:
Nam . L 6,;et
Title: `> r
P:V780\002 Incentives Agreement with Weld County vl.doc 4
d0o 7- O63/
STATE OF Colorado )
)ss.
COUNTY OF Weld )
Before me, the undersigned, a Notary Public in and for said State, personally appeared
David E. Long , known to me and known by me to be the
Chair, County Commissioner of the County of Weld, Colorado, and acknowledged the execution of
the foregoing Agreement for Certain Economic Inducements and Development Incentives for and
on behalf of said County of Weld, Colorado.
Given under my hand and seal of office this 12th day of March ,2007.
4.; ...<.•,•..<` .otary Public
s`o°:NOTARY tt s
a— ? X17 /_ _ ,
,c'.?UBLt' : !.tary's Name(printed)
s ..
My commission expires:
my t ommtsswn expires April 10,2008
S, ATEOF etloraac(% )
C Ay \I-- )ss.
COUNTY OF f e r1 V Pt )
JJ Before mc, the undersigned, a Notary Public in and for said State, perso ly appeared
KJaer LUrfc T7kobSPn, 'mown tome and known bymetobethe `Sc'Cre d1 of
Vestas Blades America, Inc., a Delaware corporation and acknowledged the execution of the
foregoing Agreement for Certain Economic Inducements and Development Incentives for and on
behalf of said corporation.
t
Given under my hand and seal of office this )3 of a r/i ,2007.
pYPV
/co�� ♦ .. Zil
WADE No Public
'leor co, LEA/ErrE A), /Jf7LLACE
Notary's Name(printed)
My commission expires: /o2�,a2 6/D
P:\1780\002\incentives\Agreemeat with Weld County vl.doc 5
EXHIBIT A
Legal Description of the Property
(To Be Inserted)
Exhibit A
P:\3780\002\Incentives\Agreement with Weld County vl.doc
Our Order No: FCC25071555-2
LEGAL DESCRIPTION
****tar***********************************a********************
NOTE: THE FOLLOWING LEGAL DESCRIPTION IS PRELIMINARY AND IS SUBIECT TO CHANGE
UPON COMPLIANCE WITH"THE REOUIREMENTS UNDER SCHEDULE B-1. HEREIN.
•
A TRACT OF LAND LOQATEDJJV IU1J ORTIMS10UARTER OF SECTION 25.TOWNSHIP 6
NQRT1L RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN: COUNTY OF WELD,STATE OF
COLORADO; MORE PARTICULARLY DESCRIBED AS FO LOWS:
COMMENCING AT THE WEST OUARTER CORNER OF SAID SECTION 25.AND CONSIDERING THE
SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25 TO HAVE AN ASSUMED
BEARING OF NORTH 89 DEGREES 31 MINUTES 50 SECONDSEASL,,,&►,EST END OF SAID UNE
EEINc_M ARKED BY A 2-1/2"ALUMINUM CAP STAMPED LS 30462.AND EAST END OF SAID
LINE BEING MARKED BY A 3-14"ALUMINUM CAP STAMPED LS220 8. ,WITH ALL OTHER
BEARINGS CONTAINED HEREIN RELATIVE THERETO:
THENCE ALONG SAID SOUTH LINE OF THE NORTHWEST OUARTER. NORTH 89 DEGREES 31
MINUTES 50 SECONDS EAST. 30.00 FEET TO THE POINT OF BEGINNING_,SAID POINT BEING
ON THE CURRENT(DEG.FMBER.2_0 EASTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD
23,;.,
THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE AND ALONG THE CURRENT SOUTHERLY
RIGHT OF WAY OF WELD COUNTY ROAD 66-3/4 AS USED AND ESTABLISHED THE FOLLOWING
THREE(3) COURSES:
L.NORTH 00 DEGREES 19 MINUTES 11 SECONDS WEST-1109.71 FEET:
2. ALONG THE EASTERLY LINE OF THAT LAND CONVEYED TO WELD COUNTY DESCRIBED IN THE
DEED TO WELD CQLT,NTY RECORDED SEPTEMBER 2. 2005 AT RECEPTION NO. 319213 (WELD
COUNTY LAND). NORTH 18 DEGREES 11 MINUTES 54 SECONDS EAST. 176.07 FEET;
3. NORTH 89 DEGREES 47 MINUTES 23 SECONDS EAST 204.80 FEET:
THENCE_MAJ_EEET_61,,DMME ARC OF A NON T'ANGENLCURVE TO THE LEFT HAVING A
RADIUS OF 630.00 FEET,A CENTRAL ANGLE OF.25 DECRE S 14 MINUTES 24 SECONDS. AND
A CHORD WHICH BEARS SOUTH 77 DEGREES 38 MINUTES 14 SECONDS EAST. 275,29 FEET:
THENCE NORTH 89 DEGREES 44 MINUTES 34 SECONDS EAST 131.12 FEET;
THENCE 272.37 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
5.065.00 FEET. A CENTRAL ANGLE OF 03 DEGREES 04 MINUTES 52 SECONDS.AND A CHORD
WHICH BEARS NORTH 88 DEGREES 12 MINUTES 08 SECONDS FAST, 272.33 FEET:
THENCE NORTH 86 DEGREES 39 MINUTES 42 SECONDS EAST. 156.24 FEET:
THENCE 177.31 FEET ALONG THE ARC OF A NON TANGENT CURVE TO T KIGHT HAVING A
RADIUS OF 4,935.00 FEET. A CENTRAL ANGLE OF 02 DEGREES 03 MINUTES$.LSZCONDS,
AND A CHORD WHICH BEARS NORTH 87 DEGREES 41 MINUTES 27 SECONDS EAST. 177.31
FEET
THENCE NORTH 89 DEGREES 43 MINUTES 53 SECONDS EAST.i,288,41 FEET:
THENCE 23,56 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 15.00
FEET, A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 39 SECONDS. AND A CHORD WHICH
EEA13S_SOUTIi 45 DECREES 15 MINUTES 48 SECONDS EAST.21.22 FEET:THENCE SOUTH 00
DEGREES 15 MINUTES 28 SECONDS EAST. 1.214.20 FEET TO A POINT ON THE SOUTH LINE
OF THE NORTHWEST OUARTER OF SAID SECTION 25:
THENCE ALONG THE SOUTH LINE OF THE NORTHWEST OUARTER OF SAID SECTION as,_SOUTH
89 DEGREES 31 MINUTES 50 SECONDS W, 2572.98 FEET TO THE POINT_OF REcJNNING.
COUNTY OF WELD.STATE OF COLORADO. _
Our Order No: FCC25071555-2
LEGAL DESCRIPTION
TO BE KNOWN As:
I,.QP1,BLOCK 1 GRFAT WESTERN.INDUSTRIAL PARK SUBDIVISION. TOWN OF WINDSOR
COUNTY OF WELD, STATE OF COLORADO.
EXHIBIT B
November 29, 2006 Letter from the County to Vestas
Exhibit B
P:A3780A002V Incentives VAgreement with Weld County v I.doc
0
OFFICE OF BOARD OF COMMISSIONERS
PHONE: 970-336-7204
FAX: 970-352-0242
915 10TM STREET
P.O.BOX 758
CGREELEY,COLORADO 80632
COLORADO
November 29,2006
Mr. Kjaer Lundo Jakobsen
Vice President, Business Development
Veslas Blades NS
Smed Hansens Vej 27
6940 Lem •
Denmark
Dear Mr.Jakobsen: •
The Weld County Commissioners enthusiasticalyInvite and encourage Vestas Blades to join our growing
business community here In Windsor&Weld County.The attraction and retention of quality,primary
sector businesses such as Veslas is extremely important to the overall health of the city,county,and
region.We recognize the very positive impact your proposed project will have on the area and feel
confident that you will find Windsor and Weld County a great place to do business.
Based on our understanding of Vestas Blades A/S and the new manufacturing facility being considered for
Windsor,we are pleased to offer a 50% personal property tax rebate on your new equipment for ten
years.The estimated county portion of this ten-year rebate is approximately$302,116 as outlined in the
Upstate Colorado Economic Development proposal.
The application process consists of simply providing a letter to the county summarizing your project.This
letter should include the final equipment investment,job creation,pay scales,etc.Once your project is
formally approved,Vestas will be asked to enter into a contract similar to the sample provided by Upstate.
Should you have questions on the incentive,please contact Don Warden,Weld County Finance Director,
at 970-356-4000,extension 4218. Should any other questions arise,please feel free to contact any of the
commissioners.
Very truly yours,
BOARD OF COUNTY MMISSIONERS
M.J.Celle,Chair
raj C CS"
•
13 E Lontk)F Tgem Wllliatr}H.Jerks
11 • t l,lCV l fl. r
Robert UUUYYYMasden Glenn •
cc: Upstate Colorado Economic Development
Don Warden
EXHIBIT B
(Continued)
Letter from Vestas to County Initiating Application Process for Incentives
(To Be Inserted Upon Request of Weld County)
P:A3780A002V Incentives VAgreement with Weld County vl.doc 8
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Windsor Development Costs (fees &tax) and
Economic Development Incentives
Nov-06
Vestas Blades
Location: Great Western Industrial Park
Based on enclosed project assumptions,we have estimated Windsor fees/tax and economic
development waivers associated with this project. These are estimates only and are subject to
governmental review and approval.
3 Buildings: 160,000 sf
Total Building Valuation: $27,000,000
Lot Size: 60 Acres
Electric Valuation Assumption: $2,300,000
Gross Cost City Cost Company
Cost
Building Fee 50,364 0 50,364
Electrical Fee 26,501 0 26,501
Construction Meter 138 0 138
:Plan Check Fee 32,736 0 32,736
Administrative Fee 19,251 19,251 0
Raw Water 92,950 92,950 0
Water Plant Investment(2°tap) 41,514 41,514 0
Sewer Plant Investment(trap) 22,015 22,015 0
Park Fee-Neighborhood N/A N/A N/A
Park Fee-Community N/A N/A N/A
Drainage Fee 384,304 384,304 0
Water Meter&Yoke(based on tap size) 1,206 0 1,206
Irrigation Meter(based an tap size) 10,692 0 10,692
Construction Meter 25 0 25
Windsor Use Tax-Building Materials 432,000 0 432,000
Windsor Use Tax-Equipment N/A N/A N/A
Road Impact Fee 260,640 0 260,640
TOTAL COST/WAIVER $1,374,336 $560,034 $814,302
Note:We assumed a 2"water and sewer tap and the use tax on the building permit Is calculated on the materials only which
Is estimated at half of the building value.
Estimate only: All lees are subject to change without notice. Estimate fees are reflective of the currant amounts in effect at
the time of this estimate request.Please contact the Planning Department for any fee changes as you are getting closer to
submittal of a buldling permit application.
ESTIMATED Colorado Job Creation Performance Incentive Fund(PIF)
VESTAS
November 2006
Based on the Vestas hiring spreadsheet,we have estimated the PIF that Vestas could reasonably earn
once qualifying new jobs have been retained for 12 months at a qualifying wage rate. See the Job
Creation Performance Incentive Fund application for detailed eligibility Information and information on
calculating the grant award.Awards are subject to final State approval.
Location Weld-Windsor
Community Designation X Urban(minimum of 10 new FTE/month)
❑ Rural(minimum of 5 new FTElmonth)
2005 County Annual Avg Wage Rate $33,644
Hire Date for Eligible Jobs(Month/Yr) Nov 2007 Feb 2008
#of Eligible or Net New Jobs 46 21
Eligible Annual Average Wage Rate $39,517 $47,250
Average Company Wage Rate(%of County) 117% 167%
Eligible Job/$ Incentive 46 Jobs @$1,250/job 21 jobs @$2,250/job
Estimated Eligible Incentive $104,750
Note: In order for Vestas to qualify for grant dollars under this program the company must create a
minimum of 10 new jobs (over the preceding month)with an average wage that is at least 110%of the
current Weld County Annual Average Wage for all Industries. After reviewing your hiring schedule and
wage rates,we've estimated that the company will meet the minimum requirements in November 2007
and again In February 2008. There may be additional eligible months should the actual hiring/wages differ
from the spreadsheet we reviewed.
Page 1 of 2
Jennifer Luna
From: Bruce Barker
Sent: Thursday, March 08, 2007 2:21 PM
To: Esther Gesick; Jennifer Luna; Donna Bechler
Cc: Don Warden
Subject: FW: Vestas Project in Windsor
Attachments: SCAN3064_000.pdf; SCAN3065_000.pdf
From: Joel Rosenstein [mailto:JRosenstein@SennLaw.com]
Sent: Thursday, March 08, 2007 2:11 PM
To: Bruce Barker; Terry R. Bowen
Cc: Don Warden; Mark Senn; Finn Ebbe Jakobsen; Kjaer Lunde Jakobsen
Subject: RE: Vestas Project in Windsor
Bruce,
Vestas has approved the form. Please place this matter on your agenda for Monday's meeting. Thanks.
I have attached all of the exhibits except the letter from Kjaer Jakobsen, which is forthcoming. Exhibit A is the
legal description and Exhibit B is a copy of the 2006 letter from Upstate Colorado.
Please confirm the time of the Monday meeting. Thanks.
Sincerely,
Joel
Joel Rosenstein
Senn Visciano Kirschenbaum P.C.
1801 California Street, Suite 4300
Denver, CO 80202
303-298-1122
Fax: 303-296-9101
JRosenstein@SennLaw.com
www.SennLaw.com
This electronic message contains information from the law firm of Senn Visciano Kirschenbaum PC that may be
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DISCLOSURE UNDER IRS CIRCULAR 230: Any tax advice contained in this communication (including any
attachments) is not intended or written to be used, and may not be used, by a taxpayer for the purpose of
avoiding tax penalties under United States federal tax laws or promoting, marketing or recommending to another
party any tax related transaction or matter addressed herein.
3/8/2007
Page 2 of 2
From: Bruce Barker [mailto:bbarker@co.weld.co.us]
Sent: Thursday, March 08, 2007 9:10 AM
To: Terry R. Bowen
Cc: Don Warden; Mark Senn; Joel Rosenstein; Finn Ebbe Jakobsen; Kjr Lundfo Jakobsen
Subject: RE: Vestas Project in Windsor
Terry: Thanks. I have asked our Clerk to the Board to place the matter on the Board of County Commissioners'
agenda for Monday for approval and signature by the Chairman. Please fax me the letter at(970) 352-0242.
Bruce Barker, Weld County Attorney.
From: Terry R. Bowen [mailto:TBowen@SennLaw.com]
Sent: Wednesday, March 07, 2007 3:50 PM
To: Bruce Barker
Cc: Don Warden; Mark Senn; Joel Rosenstein; Finn Ebbe Jakobsen; Kjr Lundo Jakobsen
Subject: Vestas Project in Windsor
Bruce:
Attached is a revised Incentive Agreement for your review (both in clean and redlined format). Based on our
current timeframes, we would like see this go before the Board of County Commissioners at their next hearing on
March 12, 2007. Please let me know as soon as possible if any further revisions are needed to this agreement.
This draft is still subject to our client's review, however, our clients are arriving in town this evening and we hope
to have final approval of this agreement tomorrow.
Also, I understand that you are waiting for a letter from our clients regarding this project. We plan to have that to
you by tomorrow as well.
Please contact me if you have any questions or comments.
Sincerely,
Terry R. Bowen
Attorney
SENN •VISCIANO • KIRSCHENBAUM P.C.
1801 California#4300
Denver CO 80202
Phone: (303)298-1122
Fax: (303)296-9101
Email: TBowen@SennLaw.com
www.SennLaw.corn
DISCLOSURE UNDER IRS CIRCULAR 230: Any tax advice contained in this communication(including any attachments)
is not intended or written to be used,and may not be used, by a taxpayer for the purpose of avoiding tax penalties under
United States federal tax laws or promoting,marketing or recommending to another party any tax related transaction or
matter addressed herein.
This electronic mail transmission and any accompanying documents contain information belonging to the sender which may
be confidential and legally privileged. This information is intended only for the use of the individual or entity to whom this
electronic mail transmission was sent as indicated above. Any disclosure,copying, distribution,or action taken in reliance on
the contents of the information contained in this transmission is strictly prohibited. If you have received this transmission in
error, please delete the message and notify us by calling 303-298-1122 or e-mailing tbowen@sennlaw.com.
sennlaw,com.
3/8/2007
Page 1 of 2
Jennifer Luna
From: Bruce Barker
Sent: Thursday, March 08, 2007 8:58 AM
To: Esther Gesick; Jennifer Luna; Donna Bechler
Subject: FW: Vestas Project in Windsor
Attachments: Agreement with Weld County v2 redlined.doc; Agreement with Weld County v2.doc
Please place this agreement on the agenda for Monday. Thanks! Bruce.
From: Terry R. Bowen [mailto:TBowen@SennLaw.com]
Sent: Wednesday, March 07, 2007 3:50 PM
To: Bruce Barker
Cc: Don Warden; Mark Senn; Joel Rosenstein; Finn Ebbe Jakobsen; Kjr Lundo Jakobsen
Subject: Vestas Project in Windsor
Bruce:
Attached is a revised Incentive Agreement for your review(both in clean and redlined format). Based on our
current timeframes, we would like see this go before the Board of County Commissioners at their next hearing on
March 12, 2007. Please let me know as soon as possible if any further revisions are needed to this agreement.
This draft is still subject to our client's review, however, our clients are arriving in town this evening and we hope
to have final approval of this agreement tomorrow.
Also, I understand that you are waiting for a letter from our clients regarding this project. We plan to have that to
you by tomorrow as well.
Please contact me if you have any questions or comments.
Sincerely,
Terry R. Bowen
Attorney
SENN •VISCIANo • KIRSCHENBAUM P.C.
1801 California#4300
Denver CO 80202
Phone: (303)298-1122
Fax: (303)296-9101
Email: TBowen@SennLaw.com
www.SennLaw.com
DISCLOSURE UNDER IRS CIRCULAR 230: Any tax advice contained in this communication(including any attachments)
is not intended or written to be used,and may not be used,by a taxpayer for the purpose of avoiding tax penalties under
United States federal tax laws or promoting, marketing or recommending to another party any tax related transaction or
matter addressed herein.
This electronic mail transmission and any accompanying documents contain information belonging to the sender which may
be confidential and legally privileged. This information is intended only for the use of the individual or entity to whom this
electronic mail transmission was sent as indicated above. Any disclosure,copying,distribution, or action taken in reliance on
the contents of the information contained in this transmission is strictly prohibited. If you have received this transmission in
error, please delete the message and notify us by calling 303-298-1122 or e-mailing tbowen@sennlaw.com.
3/8/2007
SENN • VISCIANO • KIRSCHENBAUM P.C.
ATTORNEYS AT LAW
1801 CALIFORNIA STREET,SUITE 4300
DENVER,COLORADO 80202-2604
TELEPHONE (303)298-1122
FACSIMILE (303)296-9101 Terry R. Bowen
www.SennLaw.com TBowen@SennLaw.com
March 27, 2007
SENT VIA FEDERAL EXPRESS
Mr. Don Warden
Weld County
Office of Board of Commissioners
915 10th Street
Greeley, Colorado 80632
Re: Vestas Project in Windsor, Colorado
Dear Don:
With regard to the above-referenced project, and pursuant to our conversation this afternoon,
I enclose for your execution three original sets of An Agreement for Certain Economic
Inducements and Development Incentives, each of which has already been executed by Kjaer
Lundo Jakobsen on behalf of Vestas Blades America, Inc. Please be sure to have your
signature notarized on each original document. Upon complete execution of same,please
return one original to me in the enclosed, self-addressed envelope.
Should you have any questions regarding the enclosed,please do not hesitate to contact me.
Thank you for your assistance in this matter.
Very truly yours
Te we
TRB/kls
Enclosures
P:V 780\002\Com\L-Don Warden 3-27-07.doc
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