HomeMy WebLinkAbout20142843.tiff RESOLUTION
RE: APPROVE AGREEMENT PURSUANT TO SECTION 30-11-123, C.R.S., AND
AUTHORIZE CHAIR TO SIGN - NIOBRARA ENERGY PARK, 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 Niobrara Energy Park, 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 Niobrara Energy Park, 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 17th day of September, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Cam(iticti ; /, Cl (97-Nl ���00.0
�c Do las Eademacher, hair
Weld County Clerk to the Board
EL/ '�• is
`bara Kirk yer, P Tem
BY. cP
D:pt y Clerk t. the Boar ;1161
P. Conway
` iAi r
APP AST
tm ike Fret,rrra,
uhty ttorney ��
li m F. Garcia
Date of signature: qia3
2014-2843
CC t CFg ME. FI0059
AGREEMENT PURSUANT TO C.R.S. $ 30-11-123
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TI{IS AGREEMENT is made and entered into this /7 day of teJ' . 2014. 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, 1 150 O Street, Greeley. CO 80632. hereinafter referred to as. 'Faxing Authority," and
Niobrara Energy Park LTC. . whose address is 2725 Rocky Mountain Avenue. Loveland. CO
80538. hereinafter referred to as. "taxpayer...
W'IINESSE�tH:
WIIERIAS, 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 Mcilities, and
WI IFREAS. 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-I2 3, and
WIIIRE AS. Taxpayer has been determined to be currently eligible to receive the
incentive payment benefits mailable 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, TI IlIREFORE, the parties hereto hereby agree to the following:
. Subject to annual appropriation by faxing Authority, fifty-percent (50%) of the amount
of personal property taxes paid by the Taxpayer for personal property located at
Taxpayer's Facility at the Niobrara IiHere? Park PUD. Section 19. Township 11 North.
Range 66 West of the Sixth Principal Meridian. County of Weld ("the Facility-). placed
into service in Weld County in:
a. 2015-2016. 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 he paid to the Taxpayer by the
Taxing Authority for the ten ( I0) tax Years beginning 2016 and ending 2027
(hereinafter referred to as. "10-Fear Term").
All tax incentive payments made pursuant to this Agreement shall hereinafter he referred
to as. " fax Ineenlive 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 fog
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incentive payments under C.R.S. § 30-11-123. fin the 10-Year Term. The amounts so
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
I tome Rule five percent (5`%6) property tax limitation or State of Colorado
property tax limitation.
3. Any appropriated Tax Incentive Payments shall he 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. § 30-1 1-123 and the Resolution of
Taxing Authority.
4. The Tax Incentive Payments shall not be made by faxing 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 he
legal under the laws of the State of Colorado or are determined to be part of the Weld
County Home Rule the 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 TI IE
TEN (10) TAX YEARS OF THE 10-YEAR'( ERM.
7. This Agreement is assignable only with the written consent of the Board of Weld County
Commissioners.
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.
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9, Claim ku 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 Ibr that
year.
10. Taxpayer agrees that it shall attempt to use reasonable efforts to ensure that a minimum
of fifty percent 150"1'0) of its workforce employed at the Facility are Weld County
residents during the terms of this Agreement.
I I . All notices required or permitted under this Agreement shall be given in writing and shall
he effective when delivered in the case or hand deliver} when transmitted. in the case of
facsimile transmission or live 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
915 10'x' Street
Greeley. CO 80632
bbarkera.co.wcld.co.us
If to taxpayer: Craig Harrison
Niobrara I.nergy Park
2725 Rocky Mountain Ave Suite 400
Loveland, CO 80538
970-612-4100
crakh@harrisonresource.com
12. Itach of the parties will execute and deliver such other instruments and documents and
will take all such other actions as the other part may reasonably request and as may
reasonably be required in order to effectuate the purpose of this Agreement and to carry
out its terms.
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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
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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.
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.
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The above and foregoing Agreement was hereby approved on the I7 day of c�eekrIlb�'
A.D., 2014.0(jt ��f 1
ATTEST: '/ ►/ "�"''� TAXING AUTHORITY:
Weld County Clerk to the Board County of Weld, by and through the Board of
County Commissioners of the County of Weld
By: . °fib }and By Q.91. k. oafcL.
De uty Clerk to the fa ougla�/Radema er, Chairman SEP 1 7 2014
TAXPAYER:
Niobrara Energ LC.
By:
Printed name: ( fln1 r
Title: iN4 1\--61:3QG- rite-m5 b('-
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