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Home My WebLink About20153394.tiff RESOLUTION RE: APPROVE AGREEMENT PURSUANT TO SECTION 30-11-123, C.R.S., AND AUTHORIZE CHAIR TO SIGN - ROCKY MOUNTAIN WATERJET AND LASER, LLC 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 Rocky Mountain Waterjet and Laser, LLC, 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 Rocky Mountain Waterjet and Laser, LLC, 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 21st day of October, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C LORADO rir ATTEST: C � ,, // <1� ,��c ? , -- C/� �C 1to�� arbara Kirkme a Chair Y , Weld County Clerk to the Board Mike Freeman, Pro-Tem BY. D=. Ry Clerk to the :•ard . E L n P. Co� ay AP ED AS�6 M 4014,.. �ERts�' - j,LLI) Sabi t Jl . Cozad s Coun� �Attorney �� -�- t ®u a Moreno Date of signature: CC: III 2015-3394 FI0061 AGREEMENT PURSUANT TO C.R.S. &30-11-123 THIS AGREEMENT is made and entered into this /9' day of October, 2015, 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 Rocky Mountain Waterjet and Laser LLC, whose address is 2218 4th Avenue, Greeley, CO 80631,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 at 2218 4th Avenue, Greeley, CO 80631 ("the Facility"), placed into service in Weld County in: a. 2015, 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 2025 (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 2015-3394 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 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. 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 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: 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: Jim Draper Rocky Mountain Waterjet and Laser LLC 2218 4th Avenue Greeley, CO 80631 jed@rockymountainwaterjet.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 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 October, A.D., 2015. ATTEST: „ ) 'ok BOARD OF COUNTY COMMISSIONERS Weld Clerk to the oard WELD COUNTY, LORADO BY: Deputy Cl Cl k to e Bo arbara Kirkme er, Chair Do. 21 WS APPROVED AS TO FUNDi!,� \ La 4 APP OVED AS T SUBSTANCE: .04.1.64k4 et-44 Controller ected Official or Department Head Aler APPROVED AS TO FO' • * )IT ,� \ j„..,,,County Attorney (5. TAXPAYER: Rocky Mountain Waterjet and Laser LLC By: ted nar ,0)1,71 P S 7a-,Q-_- Title: u 4 02-0/v�(53V-O,) Cheryl Hoffman )61-C4-7 From: Esther Gesick Sent: Friday, October 23, 2015 3:54 PM To: Cheryl Hoffman Subject: FW: Rocky Mtn Water Jet Below is the contact information for that C.R.S. agreement. Jim Draper Rocky Mountain Waterjet and Laser LLC 2218 4th Avenue Greeley, CO 80631 970-395-1010 jed@rockymountainwaterjet.com <mailto:jed@ rockymountainwaterjet.com> Esther E. Gesick Clerk to the Board 1150 O Street I P.O. Box 758'Greeley, CO 80632 tel: (970) 336-7215 X4226 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: Don Warden Sent: Monday, October 19, 2015 9:51 AM To: Esther Gesick<egesick@co.weld.co.us> 1 02-0/d',5 9z/ Subject: RE: Rocky Mtn Water Jet Yes.Thanks, Donald D. Warden Director of Finance and Administration Finance and Administration PO Box 758 1150 O Street Greeley, CO 80632 tel: 970-356-4000 Extension 4218 email: dwarden@co.weld.co.us<mailto:dwarden@co.weld.co.us> 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: Esther Gesick Sent: Monday, October 19, 2015 9:38 AM To: Don Warden Subject: RE: Rocky Mtn Water Jet Don, This agreement came in the mail on Friday. Do you want it on the Wednesday Agenda? 2 Esther E. Gesick Clerk to the Board 1150 O Street I P.O. Box 7581 Greeley,CO 80632 tel: (970) 336-7215 X4226 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: Don Warden Sent: Monday, October 05, 2015 3:02 PM To:jed@rockymountainwaterjet.com <mailto:jed@rockymountainwaterjet.com> Cc: Cathy Schulte<cschulte@upstatecolorado.org<mailto:cschulte@upstatecolorado.org>>; Esther Gesick <egesick@co.weld.co.us<mailto:egesick@co.weld.co.us>> Subject: RE: Rocky Mtn Water Jet Jim, Attached is the agreement for the tax incentives discussed today. Please print two copies and sign them and return them to: Esther Gesick, Clerk to the Board PO Box 758 Greeley, CO 80632 Once you return the signed copies I will have the County Commissioners approve the agreement.We will then send you a signed copy for you records. If you have questions do not hesitate to contact me. Donald D. Warden 3 Director of Finance and Administration Finance and Administration PO Box 758 1150 O Street Greeley, CO 80632 tel: 970-356-4000 Extension 4218 email: dwarden@co.weld.co.us<mailto:dwarden@co.weld.co.us> 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: Cathy Schulte [mailto:cschulte@upstatecolorado.org] Sent: Monday, October 05, 2015 2:18 PM To: Don Warden Subject: Rocky Mtn Water Jet Hi Don, Below is the contact information for the PP tax agreement for Rocky Mountain Water Jet: Jim Draper Rocky Mountain Waterjet and Laser LLC 2218 4th Avenue Greeley, CO 80631 970-395-1010 4 jed@rockymountainwaterjet.com <mailto:jed@rockymountainwaterjet.com> Let me know if you need anything else—thanks again! Cathy Cathy L. Schulte,CEcD Senior Vice President& EZ Administrator UPSTATE Colorado Economic Development Supporting Job Opportunities in Greeley&Weld County Communities 822 7th Street,Suite 550 Greeley, CO 80631 Ph: 970-356-4565; Fax: 970-352-2436 Toll Free: 800-320-8578 cschulte@upstatecolorado.org<mailto:cschulte@upstatecolorado.org> mailto:www.upstatecolorado.org<mailto:www.upstatecolorado.org> 5 Hello