HomeMy WebLinkAbout20163731.tiffRESOLUTION
RE: APPROVE AGREEMENT PURSUANT TO SECTION 30-11-123, C.R.S. AND
AUTHORIZE CHAIR TO SIGN - AGRIUM U.S., 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 Pursuant to Section
30-11-123, C.R.S. between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Agrium U.S., Inc., 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 Pursuant to Section 30-11-123, C.R.S., between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and Agrium U.S., 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 December, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dad/Let)•�dt0•�
Weld County Clerk to the Board
BY: a -
Vep1/4-6'.**4-#
uty Clerk to the Board
Mike Freeman, Chair
Sean P. Conway, Pro-Tem
ie A. Cozad
APP: DA CUSED
rbara Kirkmeyer
unty Attorney
teve Moreno
Date of signature: Val o`v`a'/ 1
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01/05/17
2016-3731
F10063
AGREEMENT PURSUANT TO C.R.S. § 30-1 1-123
THIS AGREEMENT is made and entered into this day of , 20 lb, b�
and between the County of Weld, a body corporate and politic of the state of Colorado, by and
through the Board of County Commissioners of the County of Weld, whose address is P.O. Box
758, 1 150 O Street, Greeley, CO 80632, hereinafter referred to as, `'Taxing Authority."' and
Agrium U.S. Inc. whose address is 4582 South Ulster Street, Suite 1700, Denver, Colorado
80237, hereinafter referred to as. "Taxpayer."
WITNESSETH:
WHEREAS, Taxing Authority desires to promote economic development within Weld
County, Colorado, for the purposes of generating employment opportunities for residents of
Weld County, thereby stimulating the economic well-being of Weld County's citizens, and
WHEREAS, C.R.S. § 30-11-123 provides that the Taxing Authority may negotiate
incentive payments to taxpayers who establish new business facilities or who expand existing
business facilities, and
WHEREAS, Taxpayer represents that it has invested or intends to invest in qualifying
personal property and wishes to receive the incentive payment benefits available pursuant to
C.R.S. § 30-11-123, and
WHEREAS, Taxpayer has been determined to be currently eligible to receive the
incentive payment benefits available pursuant to C.R.S. § 30-1 1-123, and pursuant to the Board
of County Commissioners' policy concerning incentive payments passed by Resolution on
February 20, 1991 ("Resolution of the Taxing Authority").
NOW, THEREFORE, the parties hereto hereby agree to the following:
1 Subject to annual appropriation by Taxing Authority, fifty -percent (50%) of the amount
of personal property taxes paid by the Taxpayer for personal property located at
Taxpayer's Facility at 2323 115th Street, Greeley, CO 80634 ("the Facility"), placed into
service in Weld County in:
a. 2016, and appearing on the personal property declaration schedule submitted by
the Taxpayer to the Weld County Assessor, which personal property has not
appeared on previous schedules, shall be paid to the Taxpayer by the Taxing
Authority for the ten (10) tax years beginning 2017 and ending 2026 (hereinafter
referred to as, "10 -Year Term").
All tax incentive payments made pursuant to this Agreement shall hereinafter be referred
to as, "Tax Incentive Payments." Taxpayer shall submit to the Weld County Assessor an
affidavit certifying the aggregate cost and year of acquisition of Taxpayer's personal
property that, to Taxpayer's best knowledge, information and belief, qualifies for
incentive payments under C.R.S. § 30-1 1-123, for the 10 -Year Term. The amounts so
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2016-3731
certified shall be subject to review by the Weld County Assessor.
2. Tax Incentive Payments shall be made by Taxing Authority only upon appropriation, and
only if:
a. All taxes and assessments levied and assessed on Taxpayer by Taxing Authority
for Facility are current, and
b. In each year of this Agreement, Taxpayer remains eligible to receive the Tax
Incentive Payments under criteria established in C.R.S. § 30-1 1-123 and the
Resolution of the Taxing Authority, and
c. Tax Incentive Payments are not calculated as being part of the Weld County
Home Rule five percent (5%) property tax limitation or State of Colorado
property tax limitation.
3. Any appropriated Tax Incentive Payments shall be made to Taxpayer by Taxing Authority
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 such payment pursuant to C.R.S. § 30-11-123 and the Resolution of Taxing
Authority.
4. The Tax Incentive Payments shall not be made by Taxing Authority if an amendment to
the Colorado Constitution 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, C.R.S. § 30-11-123 (as may be amended), or the Resolution of the Taxing
Authority, to be invalid or unconstitutional.
5. Any Tax Incentive Payments made under this Agreement that are determined not to be
legal under the laws of the State of Colorado or are determined to be part of the Weld
County Home Rule five percent (5%) property tax limitation or State of Colorado property
tax limitation, shall be repaid to Weld County.
6. TAX INCENTIVE PAYMENTS TO TAXPAYER SHALL ONLY BE MADE TO THE
EXTENT REVENUES ARE AVAILABLE AND APPROPRIATED IN EACH OF THE
TEN (10) TAX YEARS OF THE 10 -YEAR TERM.
7 Except as set forth in this Section 7, this Agreement is not assignable. This Agreement
may be assigned without the consent of any party to any entity that is wholly owned by
Agrium L.S. Inc.
8. Acceptance of any Tax Incentive Payment by Taxpayer constitutes agreement by both
parties to fund the Tax Incentive Payment for the tax year involved.
9. Claim for a Tax Incentive Payment must be submitted to Taxing Authority by Taxpayer
by October 1 st of each year or Taxpayer waives the right to receive payment for that year.
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10. Taxpayer agrees that it shall attempt to use reasonable efforts to ensure that a minimum of
fifty percent (50%) of its workforce employed at the Facility are Weld County residents
during the terms of this Agreement.
All notices required or permitted under this Agreement shall be given in writing and shall
be effective when delivered in the case of hand delivery, when transmitted, in the case of
facsimile transmission or five days after mailing, when mailed, provided that mailed
notices shall be sent by certified mail. return receipt requested. Notices shall be sent to the
following addressees at the following addresses or facsimile numbers or to such other
addressees, addresses or facsimile numbers as a party may designate from time to time by
notice given pursuant to this paragraph:
12.
If to the County:
With a Copy to:
If to Taxpayer:
Board of County Commissioners
P.O. Box 758
Greeley, CO 80632
Weld County Attorney
1150 O Street
Greeley, CO 80632
Paul Poister
Government Relations Manager
Agrium U.S. Inc.
4582 South Ulster Street, Suite 1700
Denver, CO 80237
Ph. (303) 904-9350
Paul.Poisterrci agrium.coni
Each of the parties will execute and deliver such other instruments and documents and
will take all such other actions as the other party may reasonably request and as may
reasonably be required in order to effectuate the purpose of this Agreement and to carry
out its terms.
13. This Agreement may he executed in one or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one and the same instrument.
14. This Agreement constitutes the entire agreement between the parties and supersedes and
replaces all prior and contemporaneous agreements, representations, both written and oral,
between the parties with respect to the subject matter of this Agreement. No variation of
modification of this Agreement, and the waiver of the Agreement's provisions or
conditions, shall be binding unless made in writing and signed by duly authorized officers
of the County and Taxpayer. As permitted hereunder, this Agreement shall be binding
upon, and inure to the benefit of, the parties and their respective successors and assigns.
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This Agreement shall be governed by and construed according to the laws of the state of
Colorado.
15. 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.
The above and foregoing Agreement was hereby approved on the,(�day of ietrona
A.D., 201
ATTEST:
Weld
BY:
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APPROVED AS TO FU 4 PP'SI VE a ' S TO SUBSTANCE:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ike Freeman, Chair
Controller
APPROVED AS TO FORM:
County Attorney
I
Elected Official or Department Head
TAXPAYER:
Agrium U.S. Inc.
By: Ce
DEC 12 2916
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