HomeMy WebLinkAbout20162708.tiffRESOLUTION
RE: APPROVE AGREEMENT PURSUANT TO SECTION 30-11-123, C.R.S., AND
AUTHORIZE CHAIR TO SIGN - BOULDER SCIENTIFIC COMPANY
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 Boulder Scientific Company, 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 Boulder Scientific Company, 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 22nd day of August, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dig: jddo:vk,
Weld County Clerk to the Board
BY:
AP
puty Clerk to the Board
o my Attorney
Date of signature: q (1 1O0
RM:
Mike Freeman, Chair
C
Sean P. Conay, Pro-Te
teve Moreno
cc: r--=COw)
a r-1 ♦Ooice,
2016-2708
F10063
AGREEMENT PURSUANT TO C.R.S. 4 30-11-123
THIS AGREEMENT is made and entered into this //' day of August, 2016, by 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, 1150 O Street, Greeley, CO 80632, hereinafter referred to as, "Taxing Authority," and
Boulder Scientific Company whose address is 598 3`° Street, Mead, CO 80542, 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. § 30-11-123, 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 Facilities at 598 3`d Street, Mead, CO 80542 and 4161 Specialty Place,
Longmont, CO 80501 ("the Facilities"), 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 2016 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. § 30-11-123, for the 10 -Year Term. The amounts so
2016-2708
1
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 Facilities 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. § 30-11-123 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. This Agreement is not assignable.
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 1st of each year or Taxpayer waives the right to receive payment for that
year.
2
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 Facilities are Weld County
residents during the terms of this Agreement.
11. 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:
If to the County: Board of County Commissioners
P.O. Box 758
Greeley, CO 80632
With a Copy to: Weld County Attorney
1150 O Street
Greeley, CO 80632
If to Taxpayer:
Scott Birmingham, CEO
Boulder Scientific Company
598 3rd Street
Mead, CO 80542
sdbirmingham(a�bouldersci.com
12. 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 be 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. This Agreement shall be governed by and construed according to
the laws of the state of Colorado.
3
15. It is expressly understood and agreed that the enforcement of the terms and conditions or
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 th
A.D., 2016.
ATTEST:
Weld County Clerk to the Board
BY..
d. ( .0:‘,k
y Clerk to the Board
APPROVED A TO FUND
County Attorney
✓1ol
day of August,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Chair AUG 2 2 2616
ROVED AS TO SUBSTANCE:
ed Official or Department IIead
TAXPAYER:
Boulder Scientific
By:
Printed name: S
Title: CP
4
)01(0 27O
July 25, 2016
Upstate Colorado
Attn: Cathy Schulte
822 7th Street, Suite 550
Greeley, CO 80631
Boulder Scientific Company has been a major employer in our town for over 40 years.
They provide quality, high paying jobs and they are a valuable business to have in our
town and the County. They have been supportive of our community by sponsoring
events and providing scholarships to youth.
The Town of Mead is supportive of the new facility and improvements Boulder Scientific
Company plans to make to their facility and welcome any incentives the County may
offer to promote these improvements.
We would also like to thank the County for their continued support for our businesses
and our town.
If we can provide any additional information to support your consideration of possible
incentives for Boulder Scientific Company for their business expansion, please let us
know.
Sincerely,
Gary R. Shields
Mayor, Town of Mead
Town of Mead • 441 Third Street • P.O. Box 626 • Mead, Colorado 80542-0626 • 970-535-4477 • www.townofmead.org
Hello