HomeMy WebLinkAbout20163730.tiffRESOLUTION
RE: APPROVE AGREEMENT PURSUANT TO SECTION 30-11-123, C.R.S. AND
AUTHORIZE CHAIR TO SIGN - ADVANCED FORMING TECHNOLOGY/ARC GROUP
WORLDWIDE
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 Advanced Forming Technology/ARC Group
Worldwide, 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 Advanced Forming Technology/ARC Group Worldwide 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
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Weld County Clerk to the Board
BY
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ounty Attorney
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Mike Freeman, Chair
Sean P. Conway, Pro
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2016-3730
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AGREEMENT PURSUANT TO C.R.S. >z 30-11-123
THIS AGREEMENT is made and entered into thisl2th day of December, 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
Advanced Forming Technology/ARC Group Worldwide whose address is 7040 WCR 20,
Longmont, Colorado 80504, 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 facility to be located at: 7040 WCR 20, Longmont, Colorado 80504 ("the
Facility"), placed into service in Weld County:
a. As of January 1, 2017 and 2018, 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 2027 (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
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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. § 30-11-123 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.
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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.
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:
With a Copy to:
Board of County Commissioners
P.O. Box 758
Greeley, CO 80632
Weld County Attorney
P.O. Box 758
1150 O Street
Greeley, CO 80632
bbarker@co.weld.co.us
If to Taxpayer: Joel Rogers, Controller
ARC Group Worldwide
Advanced Forming Technology
7040 WCR 20
Longmont, CO 80504
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
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successors and assigns. 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 12th day of December,
A.D., 2016.
ATTEST:
sicho:a
Weld County Clerk to the Board
By:
Deputy C
rk to the B
TAXING AUTHORITY:
County of Weld, by and through the Board of
County Commissioners of the County of Weld
By:
Mike Freeman, Chairman
DEC 12 2016
AXPAYER:
ARC Group Worldwide
Advanced Forming Technology
By: � T._
Printed name:
Title:
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a a 5750
RE: AGREEMENT PURSUANT TO C.R.S. 30-11-123 - ADVANCED FORMING
TECHNOLOGY/ARC GROUP WORLDWIDE
APP FttOVEL}/�'//v�T SU STANCE:
Elected Official or Department Head
Director of G neral Services
APPROVED AS TO FUNDING:
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Controller
APPROV D AS TO FORM:
ounty Attorney
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