HomeMy WebLinkAbout20042348.tiff STRUCTURAL COMPONENT SYSTEMS, INC.
1255 Front Street
Fremont, NE 68025
(402) 721-5622 • Fax (402) 721-6170
"Dedicated to Excellence"
July 14, 2004
Board of County Commissioners of Weld County
915 10th Street
Greeley, CO 80631
To Whom It May Concern:
This letter is to notify the Board of County Commissioners of Weld County, Colorado,
under turns of an agreement dated December 9, 2002 between the Board of County
Commissioners and Structural Component Systems, Inc. that Structural Component
Systems, Inc. remains eligible to receive incentive payments under criteria established in
Senate Bill #90-118 and Senate Bill #94-182.
Structural Component Systems, Inc. has paid all 2003 personal property taxes and is
requesting a refund of fifty percent of personal property taxes paid to Weld County,
Colorado, the City of Greeley, Colorado, and Weld County School District#6 pursuant to
agreements signed with each party. Copies of these agreements are included with this
letter.
If you have questions or require further information, please contact me at Structural
Component Systems, Inc., 1255 Front St., Fremont NE 68025.
Thank you for your time and consideration.
Sincerely,
c
Chuck Ernesti
Secretary/Treasurer
Structural Component Systems, Inc.
C6irt�n 9/��
ee': eSp"7// /9`5 2004-2348
AGREEMENT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, is desirous
of promoting economic development within Weld County, Colorado (hereinafter referred to as
the "Taxing Authority") for the purposes of stimulating the general well-being of the Taxing
Authority and the generation of employment opportunities; and
WHEREAS, Senate Bill #90-118 was passed by the Colorado General Assembly and
became law on April 24, 1990, and provides that the Taxing Authority may negotiate incentive
payments to taxpayers who establish new business facilities or who expand existing business
facilities; and
WHEREAS, Senate Bill #94-182 was passed by the Colorado General Assembly,
effective January 1, 1995, extending property tax incentive payments indefinitely; and
WHEREAS, Structural Component Systems, Inc. (hereinafter referred to as the
"Taxpayer") represents that it has invested or intends to invest in qualifying personal property
and wishes to receive the incentive payment benefits available under Senate Bill #90-118 and
Senate Bill #94-182; and
WHEREAS, the Taxpayer has been determined to be currently eligible for benefits
under Senate Bill #90-118 and Senate Bill #94-182 and the policy concerning incentive
payments passed by Resolution on February 20, 1991 (hereinafter referred to as the
"Resolution of the Taxing Authority").
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the undersigned parties hereby agree to the following:
1. Fifty percent of the amount of personal property taxes paid by the Taxpayer for
property appearing on the personal property declaration schedule submitted by
the Taxpayer to the Weld County Assessor for the four tax years beginning 2003
and ending 2006 and which have not appeared on previous schedules shall be
paid to the company by the Taxing Authority. Only property placed in service in
the County during the tax years given above shall qualify.
2. Such payment shall be made to the Taxpayer or assignee by the County
Treasurer within 90 days of receipt of full payment by the Taxpayer of all
personal property taxes due and receipt of an affidavit from the Taxpayer stating
that the Taxpayer remains eligible for the payment under Senate Bill #90-118
and Senate Bill #94-182 and the Resolution of the Taxing Authority.
3. Such payment shall be made only if all taxes and assessments levied and
assessed by the Taxing Authority shall be current.
4. Such payment shall be made only if Taxpayer remains eligible to receive the
incentive payments under criteria established in Senate Bill #90-118 and Senate
Bill #94-182 and the Resolution of the Taxing Authority in each year of this
Agreement.
5. Payment shall only be made by Taxing Authority if incentive payment is not
calculated as being part of Weld County Home Rule 5% property tax limitation or
State property tax limitation.
2002-3143
FI0035
TAX INCENTIVE AGREEMENT- STRUCTURAL COMPONENT SYSTEMS, INC.
PAGE 2
6. Payment shall not be made by Taxing Authority if State Constitutional
Amendment limiting property taxes is subsequently passed after the date of this
Agreement or if a court of competent jurisdiction declares any portion of this
Agreement, Senate Bill #90-118 and Senate Bill #94-182, or as may be
amended, or the Resolution of February 20, 1991 setting policy concerning
incentive payment to taxpayers to be invalid or unconstitutional during the term
of this Agreement.
7. Any payments made under this agreement that are determined not to be legal
under State law or are determined to be part of the Weld County Home Rule 5%
property tax limitation or State property tax limitation shall be repaid to Weld
County.
8. Payment to Taxpayer shall only be made to the extent revenues are available
and appropriated in each of the four years of the term of this Agreement.
9. This Agreement is not assignable without written approval of the County.
10. Acceptance of incentive payment by Taxpayer constitutes agreement by both
parties to fund incentive payment settlement for the tax year involved.
11. Notices to Taxpayer shall be made to Structural Component Systems, Inc., P.O.
Box 198, Fremont, Nebraska 68026-0198. Notices to Taxing Authority shall be
made to the Board of County Commissioners of Weld County, 915 10th Street,
Greeley, Colorado 80631. C,
The above and foregoing Agreement was hereby approved on the / day of
December, A.D., 2002.
TAXING AUTHORITY:
BOARD OF COUNTY COMMISSIONERS
gall ATTEST: WELD COUNTY, CO ORADO
,,.. 1'(7j�
Weld County Jerk t.atht t a- t �� BY: �iis,
,'BY: Glenn Vaatl, 'hair
•
Deputy Clerk t.
lIl TAXPAYER:
STRUCTURAL COMPONENT SYSTEMS, INC.
BY: a6
Edwin K. Christoffersen, President
2002-3143
FI0035
AGREEMENT
WHEREAS, the City Council of the City of Greeley, Colorado, is desirous of promoting
economic development within the City of Greeley, Colorado, (hereinafter referred to as the "Taxing
Authority") for the purposes of stimulating the general well-being of the Taxing Authority and the
generation of employment opportunities; and
WHEREAS, Senate Bill #90-118 was passed by the Colorado General Assembly and became
law on April 24, 1990, and provides that the Taxing Authority may negotiate incentive payments to
taxpayers who establish new business facilities or who expand existing business facilities; and
WHEREAS, Senate Bill #94-182 was passed by the Colorado General Assembly, effective
January 1, 1995, extending property tax incentive payments indefinitely; and
WHEREAS, Structural Component Systems, Inc., (hereinafter referred to as the "Taxpayer")
represents that it has invested or intends to invest in qualifying personal property and wishes to receive the
incentive payment benefits available under Senate Bill #90-118 and Senate Bill#94-182; and
WHEREAS, the Taxpayer has been determined to be currently eligible for benefits under Senate
Bill#90-118 and Senate Bill#94-182.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Greeley,
Colorado, that the undersigned parties hereby agree to the following:
1. Fifty percent of the amount of personal property taxes paid by the Taxpayer for
property appearing on the personal property declaration schedule submitted by
the Taxpayer to the Weld County Assessor for the four tax years beginning 2003
and ending 2006 and which have not appeared on previous schedules shall be
paid to the company by the Taxing Authority. Only property placed in service in
the City during the tax years given above shall qualify.
2. Such payment shall be made to the Taxpayer or assignee by the Director of
Finance within 90 days of receipt of full payment by the Taxpayer of all personal
property taxes due and receipt of an affidavit from the Taxpayer stating that the
Taxpayer remains eligible for the payment under Senate Bill #90-118 and Senate
Bill#94-182.
3. Such payment shall be made only if all taxes and assessn- nts levied and assessed by the
Taxing Authority shall be current.
4. Such payment shall be made only if Taxpayer remains eligible to receive the
incentive payments under criteria established in Senate Bill#90-118 and Senate
Bill #94-182.
5. Payment shall not be made by Taxing Authority if State Constitutional
Amendment limiting property taxes is subsequently passed after the date of this
Agreement or if a court of competent jurisdiction declares any portion of this
Agreement, Senate Bill #90-118 and Senate Bill #94-182, a as may be amended,
.3)
Structural Component Systems, Inc.
Page 3
to be invalid or unconstitutional during the term of this Agreement.
6. Any payments made under this agreement that are determined not to be legal
under State law shall be repaid to the City of Greeley, Colorado.
7. Payment to Taxpayer shall only be made to the extent revenues are available and
appropriated in each of the four years of the term of this Agreement.
8. This Agreement is not assignable without written approval of the City.
9. Acceptance of incentive payment by Taxpayer constitutes agreement by both
parties to fund incentive payment settlement for the tax year involved.
10. Notices to Taxpayer shall be made to Structural Component Systems, Inc.,
Attention: Edwin K. Christoffersen, President, 1255 Fran Street, Post Office
Box 198, Fremont, NE 68026-0198. Notice of Taxing Authority shall be made to
the City Council, City of Greeley, 1000 10th Street, Greeley, Colorado 80631.
The above and foregoing Agreement was hereby approved on the /7"4 day of
r , 2002.
ATTEST: CITY OF GREELEY, COLORADO
Betsy D. lder, Ci y Clerk Jerry Wones, Mayor
Date
Approved as to Legal Form: Approved as to Substance:
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Richard P. Brady, City Attorney Leonard A. Wiest, City Manager
Approved as to Availability of Funds STRUCTURAL COMPONENT SYSTEMS, INC.
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ce271,0,6.- Cam'
Timothy J. Nash, ector of Finance Edwin K. Christoffersen, President
DEC-10-02 10:19AM FROM-WCSD 6 FINANCE +9703486033 T-252 P.03/08 F-435
AGREEMENT REGARDING INCENTIVE PAYMENTS OR CREDITS
This Agreement by and between STRUCTURAL COMPONENT SYSTEMS, INC.
("Taxpayer") and the BOARD OF EDUCATION ("Board")y�of WELD COUNTY SCHOOL
DISTRICT 6 ("District") is entered into this 5?'"-day of Nc c c:.. b r r , 2002.
RECITALS
WHEREAS,pursuant to C.R.S. 22-32-110 (1) (ff),the Board has authority to negotiate for an
incentive payment or credit with any taxpayer who establishes a new business facility as defined in
C.R.S. 39-22-508.2(3)(hereinafter"Eligible Facility"); and
WHEREAS,Taxpayer represents that it has invested or intends to invest in qualifying personal
property, as defined by such statutes, and wishes to receive the incentive payment or credit available
thereunder; and
WHEREAS,the Board has been notified by Weld County,Colorado,pursuant to C.R.S.30-11-
123(5), of an incentive payment or credit agreement negotiated by Weld County with Taxpayer;
AGREEMENT
NOW THEREFORE,in consideration of the foregoing recitals and their mutual covenants,the
Board and the Taxpayer agree as follows:
(1) Recitals, The foregoing recitals are incorporated herein as though fully set forth.
(2) Term. The term of this Agreement is for the current property tax year(2002). Unless
notice is given by either party to the other party on or before December 1 of each of the next three (3)
years,this Agreement shall be automatically renewed in 2003,2004 and 2005, but not thereafter.
(3) Establishment of a New Business Facility Taxpayer has invested in personal
property to be located at or within its Eligible Facility and to be used in connection with the operation
of its Eligible Facility,which taxpayer represents will qualify for incentive payments or credits within
the meaning of the above referenced statutes.
(4) Location. The Eligible Facility referred to in paragraph (3) is the location of the
business facility of Taxpayer at 2401 2n°Avenue, Greeley, CO 80631.
(5) Certification. Taxpayer shall submit to Weld County with its annual personal
property declaration schedule,an affidavit certifying the equipment additions appearing on the personal
property declaration schedule which qualify for the incentive payment or credit.
(6) Estimate of Amount. Simultaneously with the execution of this Agreement, Tax-
payer shall submit to the District an estimate of the incentive payment or credit it anticipates receiving
in the taxable year for which payment or credit is sought.
DEC-10-02 10:20AM FROM-WCSD 6 FINANCE +9703486033 T-252 P.04/08 F-435
(7) Incentive Payment. The Board agrees to make an incentive payment or credit to
Taxpayer of fifty percent(50%)of the amount of taxes levied by the District upon the taxable personal
property directly attributable to the establishment of the Eligible Facility located at or within Taxpayer's
Eligible Facility and used in connection with the operation of such Eligible Facility for the current
property tax year. Only property placed in service within the boundaries of the District in the current
property tax year shall qualify.
(8) Notice to Weld County. The Board shall notify Weld County of this Agreement.
(9) Adverse Effect on District Funding. If,as a result of this Agreement,the District
is adversely affected in any manner,as determined by the District,with regard to the District's funding
as set forth in the Public School Finance Act of 1994,C.R.S. 22-54-101 et seq. (the"School Financing
Act"),the incentive payment or credit shall be reduced by an amount necessary to offset the adverse
effect. For example, if the amount of the total program funding for the District, pursuant to the School
Finance Act, is reduced because of this Agreement and/or the tax reduction provided herein, that the
Board of Weld County Commissioners,timely negotiates an agreement with Taxpayer for incentive
payments for the Eligible Facility. The District makes no representation or other commitment that this
Agreement or the Resolution adopting this Agreement are valid or enforceable, the incentive payment
or credit provided for herein will be reduced by the same amount, provided however that if other
incentive payments or credits also impact the District in like manner,the incentive payment or credit
provided for herein will be reduced on a pro ram basis.
(10) Payment of Taxes, Incentive payments or credits shall be made only if all taxes and
assessments assessed and levied by the District against Taxpayer are current.
(11) Taxpayer to Remain Eligible. Incentive payments or credits shall be made only
if Taxpayer remains eligible to receive payments under criteria set forth in C.R.S. 39-22-508.2 through
C.R.S.39-22-508.6.
(12) Not Applicable to Bond Redemption Fund Mill Lev. Notwithstanding any
provision in this Agrefhnent to the contrary,Taxpayer agrees that the incentive payments or credits shall
not apply to the annual Bond Redemption Fund mill levy applied to the assessed valuation of taxable
personal property directly attributable to the new business facility, located at or within the Eligible
Facility and used in connection with the operation thereof. Any amounts not paid when due under this
paragraph shall accrue interest at the rate of one per cent(1%)per month.
(13) No Payments if Unconstitutional or Invalid Incentive payments or credits shall
not be made if a court of competent jurisdiction declares any portion of this Agreement or the statutes
authorizing this Agreement to be invalid or unconstitutional.
(14) Assigutnent. This Agreement is not assignable without written approval of the
Board.
(15) In 0ificali4n. Taxpayer will indemnify and hold the District harmless from any
loss or claim, limited to the amount of incentive payments or credits made under this Agreement plus
-2-
DEC-10-02 10:20AM FROM-WCSD 6 FINANCE +9703486033 T-252 P.05/08 F-435
reasonable attorney fees incurred by the District in the event of any action challenging the incentive
payments. Notwithstanding the foregoing,Taxpayer shall have the right at any time to fully satisfy and
discharge its obligations under this paragraph (15) by repaying any disputed incentive payments or
credits made hereunder together with the reasonable attorney fees incurred by the District prior to such
repayment by Taxpayer.
(16) Further Assurances. Each of the parties will execute and deliver such other
instruments and documents and will rake such other actions as the other party may reasonably request
and as may reasonably be required in order to effectuate the purposes of this Agreement and to carry out
the terms of this Agreement.
(17) Amendment or Termination This Agreement may not be changed, waived,
discharged or terminated other than by an agreement in writing signed by the parties to this Agreement
(18) Condition Precedent. This Agreement and the incentive payments provided herein
shall be effective only if, and to the extent that, the Board of Weld County Commissioners adopts a
resolution approving an incentive tax payment similar or identical to that provided herein.
(19) Miscellaneous. The headings in this Agreement are for reference purposes only and
shall not affect in any way the meaning or interpretation of this Agreement.. This Agreement constitutes
the entire agreement, and supersedes all prior agreements and understandings,both written and oral,
between the parties with respect to the subject matter of this Agreement. This Agreement may be
executed on one or more counterparts, each of which shall be deemed an original, and all of which
together shall constitute one and the same instrument. This Agreement shall be governed in all respects,
including validity, interpretation and effect, by the laws of the State of Colorado.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first
set forth above.
STR1t1 URAL/COMPONENT SYSTEMS,INC.
By .Gan- !r (`.612- -
Title: p�
WELD COUNTY SCHOOL DISTRICT 6
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W 12 9 02VMistict6\Taxineentivel
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