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Home My WebLink About20160166.tiff Bethany Ford From: Alyssa Knutson <AKnutson@Fortluptonco.gov> Sent: Monday, April 08, 2019 11:59 AM To: Bethany Ford; Mari Pena Cc: Chloe Rempel Subject: RE:Weld County Document Inquiry Caution:This email originated from outside of Weld County Government.Do not click links or open attachments unless you recognize the sender and know the content is safe. Bethany, The FLURA Board did not choose to approve that version of the agreement, so there is not a signed version of the 2016 agreement.The 2017 agreement is the only one that has been approved by FLURA. Let me know if you need further information on this. Thank you, Alyssa Knutson,AICP Planner II 130 S.McKinley Ave. Fort Lupton,CO 80621 Office:303.857.6664 Direct:720.466.6128 Mobile:303.304.4498 . xRY 5rY _ I , CO *M .*Atm?'VOv0 OW T LAI wa Tr.v5 This institution is an equal opportunity provider and employer. From: Bethany Ford [mailto:bford@weldgov.com] • Sent:Wednesday, April 3, 2019 3:50 PM To: Mari Pena <mpena@Fortluptonco.gov> Cc: Chloe Rempel<crempel@weldgov.com>;Alyssa Knutson<AKnutson@Fortluptonco.gov> Subject: RE: Weld County Document Inquiry Thank you so much for providing that document from 2017; however, we are looking for the document signed in 2016. The Chair of the Board of the County Commissioners in 2016 was Sean Conway, and our internal tracking number is 2016-0166. Sincere regards, Bethany Ford Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4225 1 sco—O ICpCa F-1.OO Co 3 t �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. From: Bethany Ford Sent:Wednesday, April 03, 2019 3:24 PM To: 'Mari Pena' <mpena@Fortluptonco.gov> Cc:Chloe Rempel <crempel@weldgov.com>; Alyssa Knutson <AKnutson@Fortluptonco.gov> Subject: RE: Weld County Document Inquiry Thank you so much! Bethany Ford Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4225 .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. From: Mari Pena <mpena@Fortluptonco.gov> Sent: Wednesday, April 03, 2019 3:18 PM To: Bethany Ford<bford@weldgov.com> Cc: Chloe Rempel<crempel@weldgov.com>; Alyssa Knutson<AKnutson@Fortluptonco.gov> Subject: RE: Weld County Document Inquiry • Caution:This email originated from outside of Weld County Government.Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Bethany, Attached is a copy of the agreement for your records. 2 Thanks, Mari Pena City Clerk City of Fort Lupton 130 S. McKinley Ave. Fort Lupton, CO 80621 720-466-6101 From: Bethany Ford<bford@weldgov.com> Sent:Wednesday,April 3, 2019 2:56 PM To: Mari Pena <mpena@Fortluptonco.gov> Cc: Chloe Rempel<crempel@weldgov.com> Subject:Weld County Document Inquiry Good afternoon, Please see the attached tax increment revenue sharing agreement. We are looking for final signatures from the Town of Fort Lupton and the Fort Lupton Urban Renewal Authority so we can finalize our records. Can you please help us obtain the final copy or can you provide us with contact information for someone who can? Thank you, Bethany Ford Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4225 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. This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.sy7nanteccloud.com. This email has been scanned by the Symantec Email Security.cloud service. 3 For more information please visit http://www.symanteccloud.com This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://ww.symanteccloud.com This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com 4 RESOLUTION RE: APPROVE AGREEMENT FOR TAX INCREMENT EXPENDITURE AND REVENUE SHARING AND AUTHORIZE CHAIR TO SIGN - CITY OF FORT LUPTON/FORT LUPTON 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, on December 23, 2015, the Board was presented with an Agreement for Tax Increment Expenditure and Revenue Sharing among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, the City of Fort Lupton, and the Fort Lupton Urban Renewal Authority, commencing upon full execution of signatures, with further terms and conditions being as stated in said agreement, at which time the matter was continued to January 13, 2016. WHEREAS, after review, on January 13, 2016, 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 Expenditure Revenue Sharing among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, the City of Fort Lupton, and the Fort Lupton 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 13th day of January, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �eL, o EXCUSED Mike Freeman, Chair Weld County Clerk to the Board can P. Conway, Pro-Tem BY: Dep ty Clerk to the Board; i'-t.O affriti _ t.`• `, ��!+�_ .. Cozad APP . ' r - • FORM: tit ara Kirkmeyer ounty Attorney Steve Moreno Date of signature: 1/47kfila 2016-0166 FI0063 TAX INCREMENT REVENUE SHARINGRETMENT THIS AGREEMENT is made and executed effective the day of 2015, by and between the COUNTY OF WELD, COLORADO (hereinafter referred to as "Weld County" or "County") and the FORT LUPTON URBAN RENEWAL AUTHORITY (hereinafter referred to as the "Authority"). WITNESSETH: • WHEREAS, the City Council of the City of Fort Lupton (the "City") approved and adopted, and the Authority is carrying out, the Fort Lupton Core Urban Renewal Plan in accordance with the requirements of the Colorado Urban Renewal Law, Sections 31-25-101, et seq., C.R.S., (the "Act"), including, without limitation, compliance with Section 31-25-107(3.5) of the Act; and WHEREAS, as authorized by Section 31-25-107(9) of the Act, the Plan provides for financing the undertakings and activities of the Authority by use of tax allocation or tax increment financing("TIF"); and WHEREAS, the parties hereto desire to enter into this Agreement to offset the costs of any additional county infrastructure or services necessary to serve development of the Urban Renewal Area described in the Plan, as it may be amended; and WHEREAS, the parties hereto are authorized to enter into this Agreement pursuant to Section 31-25-112(1)(d) of the Act. 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: a. The Authority agrees to calculate and pay to Weld County fifty per cent(50%) of the net revenue it receives from the Weld County Treasurer each year while the provisions of Section 31-23-107(9) of the Act are in effect in the Urban Renewal Area from the levy of Weld County against the TIF portion of the assessment roll (the "County Tax Levy Allocation Revenues"). Such revenues to be paid to the County shall be placed in a separate account created for such purpose. Commencing on the date of this Agreement and for a period of twenty-five (25) years from the effective date of the Plan, the Authority shall pay to the County on or before the 20th day of each month all such County Tax Levy Allocation Revenues received into such account through the preceding month. b. The remaining fifty per cent (50%) of the County Tax Levy Allocation Revenues each year shall be used by the Authority for payment of any amounts authorized by the Plan and Act for the purposes of financing public infrastructure, such as water, sewer, parks, storm drainage, streets and roads, sidewalks and traffic lights; complying with applicable legal and 2016-0166 (I) contractual obligations; and eliminating the conditions of blight in the Urban Renewal Area. 2. Notification of Substantial Modifications of the Plan; Agreement Not Part of Plan. The Authority agrees to notify Weld County of any intended substantial modification of the Plan as required by Section 31-25-107(3.5)(a) of the Act. This Agreement is not part of the Plan. 3. Use of County Tax Levy Allocation. The County agrees to use County Tax Levy Allocation Revenues received pursuant to this Agreement in accordance with the requirements of Section 31-25-107(1) of the Act to address the impacts of the Plan on Weld County revenues and on infrastructure and services necessary to serve the Urban Renewal Area. 4. Agreement Confined to County Tax Levy Allocation Revenues. This Agreement applies only to the County Tax Levy Allocation Revenues, as calculated, produced, collected and paid to the Authority from the Urban Renewal Area in the Plan by the Weld County Treasurer in accordance with Section 31-25-107(9)(a)(II) of the Act and the rules and regulations of the Property Tax Administrator of the State of Colorado, and does not include any other revenues of the City or the Authority. 5. Subordination Consent Required. With the prior written consent of the County, as evidenced by a resolution approved by the Board of County Commissioners, the obligation of Authority to pay all or part of the County Tax Levy Allocation Revenues to the County 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 Authority for financing or refinancing, in whole or in part, the Urban Renewal Project specified in the Plan. 6. 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 any other party, 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 the Authority to transfer or pay County Tax Levy Allocation Revenues as provided in Section 1, as soon as the event causing such interruption shall no longer prevail, the Authority shall transfer and pay the total amount of the County Tax Levy Allocation Revenues that has been received by Authority that is then owing to date, as determined according to the provisions of Section 1 of this Agreement. 7. Termination and Subsequent Legislation. In the event of termination of the Plan, including its TIF Financing component, the Authority may terminate this Agreement by delivering written notice to the County. The parties further agree that in the event legislation is adopted after the effective date of this Agreement that invalidates or materially effects 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, but does not impair any contracts in effect at such time. 2 8. 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. 9. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their successors in interest. 10. 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. 11. 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. 12. 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 (as to any or all parties hereto), the parties agree to take such action(s) as may be necessary to achieve to the greatest degree possible the intent of the affected provision of this Agreement. 13. No Assignment. No party may assign any of its rights or obligations under this Agreement. 3 • IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officials to execute this Agreement effective as of the day and year first above written. COUNTY: ATTEST: darefou ifiLf442;e1 COUNTY OF WELD, a political Weld County Clerk to the Board subdivision of the STATE OF COLORADO: / �� , By: .4.�.. Mi .i/�.i!'�.. By: �� Deputy */erk to the ::,i,4'711,\ .f� Sean P. Conway, Pro-Tem JAN 13 201tt A �►� Board of County Commissioners, ,,, �, County of Weld ‘, ..„!,,,,:, _ .... APPROVED AS TO F ►�. i APPROV D AS O UB TANCE:' 4adtgea / \1:./':51v 'IP/ 44 Controller i — Elected Official or Department Head APPROVED AS TO FORM: Coun Attorney MUNICIPALITY: ATTEST: TOWN OF FORT LUPTON, a municipal corporation of the STATE OF COLORADO By: By: DOCUMENT NOT EXECUTED , Town Clerk ,Mayor URA: ATTEST: FORT LUPTON URBAN RENEWAL AUTHORITY By: By: DOCUMENT NOT EXECUTED , Recording Secretary , Chairperson 4 c J/6— D/(a4( i) Hello