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HomeMy WebLinkAboutResolution-2004-0034 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 34 Series of 2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE PROVIDING TAX INCENTIVES TO THE COORS BREWING COMPANY FOR THE REBUILD AND MODERNIZATION OF THE ROCKY MOUNTAIN BOTTLING COMPANY FACILITY IN THE CITY OF WHEAT RIDGE WHEREAS, the Coors Brewing Company owns and operates a bottle manufacturing facility III the City of Wheat Ridge; and WHEREAS, said bottle manufacturing facility is located III a Wheat Ridge Enterprise Zone; and WHEREAS, the bottle manufacturing facility employs 256 people and pays significant sales, use, and property taxes to the City of Wheat Ridge; and WHEREAS, the Coors Brewmg Company has proposed a major rebuild and modernization of the bottle manufacturing facility furnaces which will aid in ensuring their contlllued success; and WHEREAS, as a business located in an enterprise zone, CRS Section 31-15-903(2) and Section 39-30-107.5(1) permit the City of Wheat Ridge to negotiate and provide sales and use tax incentives to businesses located within the City and an enterprise zone; and WHEREAS, the extension of incentives to the Coors Brewing Company for the bottlmg facility will assist in the economic feasibility of a business which IS highly deSirable for the City of Wheat Ridge and consistent with the Wheat Ridge economic development objectives; and WHEREAS, to sustam the level of services and quality of life, the City of Wheat Ridge recognIzes that economic reVitalization IS critical to thIS thnvlllg commumty NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that the Mayor and City Clerk are hereby authorized to enter into a Tax Incentive Agreement (Exhibit 1 of this resolution) with the Coors Brewing Company for the provision ofthe followmg incentives to facilitate the proposed rebuild and modernization of the Rocky Mountain Bottling Company facility furnaces WIthin the City of Wheat RIdge: a. A 25% reductIOn III all sales and use taxes attributable to the rebuild and modernization of the Rocky Mountam Bottling Company for a period of three years commencing January 1,2005 and ending December 31,2007 as outlined m the attached Tax Incentive Agreement. DONE AND RESOLVED this 13th day of December, 2004, ". --." ,/ ( .~~~~: ~~~~:M~~~-' (; L "~~ J ATTEST: Exhibits: L Tax Incentive Agreement TAX INCENTIVE AGREEMENT THIS AGREEMENT, dated this 13th day of December, 2004 IS entered IlltO between the City of Wheat Ridge, Colorado, a Colorado home rule city and mumclpal corporatIOn (the "City") and Coors Brewlllg Company, a Colorado corporation ("Coors"), and IS made pursuant to Sections 31-15-903 and 39-30-107.5 of the Colorado ReVIsed Statutes, RECIT ALS A. Coors owns and operates a bottle manufactunng plant (the "Plant") located withm the City and withlll the Jefferson County Enterpnse Zone, B. Coors employs approxImately 256 indiVIduals at the Plant and currently operates the Plant at full capacity C. To mamtam the competitive advantage of the Plant and its existmg employment base, Coors Wishes to rebuild and modernize two furnaces. Based on current estimates, the rebuild and modernIzation project will cost approximately $37.4 milhon and will occur m two phases, One furnace will be modernized m 2005 and the second by 2007, D. Sections 31-15-903 and 39-30-107,5 of the Colorado Revised Statutes permit the City to negotiate and provide sales, use, and property tax Illcenhves to businesses that expand facilities located withm the City and within an enterprise zone. E, The CIty and Coors Wish to enter into an agreement through which the CIty will prOVIde sales/use tax incentives to encourage the modernlzatlOn of the furnaces. F The execution, dehvery, and performance of thiS Agreement are speCifically authonzed by Wheat Ridge City Council ResolutIOn No. 2004-34, dated December 13,2004, TERMS AND CONDITIONS NOW THEREFORE in consideratIOn of the mutual promises contained m this Agreement, the parties agree as follows. ARTICLE ONE - DEFINITIONS Section 1.01 As used through thiS Agreement, the term "Plant" means the bottle manufacturing plant located at 10619 West 50th Avenue, Wheat Ridge, Colorado 80033, extendlllg to approXImately 27 acres, and containing approXImately 385,000 square feet of Illdustrial buildlllgs. Section 1.02 As used throughout thiS Agreement, the term "Facility" means the Plant, including the land on which the Plant is located, and all machmery, equipment, and other real and tangible personal property located at or wlthlll the Plant and used by Taxpayer m connectlOn WIth the operation of the Plant. Uc[)\o3U271482777 ,0 1 SectIOn 1,03 As used throughout this Agreement, the term "Quahfied EqUipment and Machinery" means equipment, machmery, and materials related to rebuild of the two (2) furnaces used III Taxpayer's business conducted at the Facility, Section I 04 As used throughout thiS Agreement, the term "Return" means any sales/use tax return filed by Taxpayer m accordance with SectIOns 22-56 and 22-66 of the Wheat Ridge City Code. Section 1 05 As used throughout thiS Agreement, the term "Sales/Use Tax Incentive Period" means the period beginning January 1,2005, and ending December 31, 2007, (a) As used throughout thiS Agreement, the term "Taxpayer" shall be to Coors, ARTICLE TWO - SALES/USE TAX REFUND OR CREDIT Section 2.01 (a) Taxpayer shall file monthly Returns With respect to its operations at the Faclhty and subJect to the terms of this Agreement, shall pay all sales/use taxes m accordance With SectIOns 22,56 and 22-66 of the Wheat Ridge City Code, (b) With respect to each monthly Return covering any portIOn of the Sales/Use Tax Incentive Penod, Taxpayer shall be entitled to withhold an amount equal to 25% of the sales/use tax leVied by the City and shown on the Return as attributable to the rebuild of Quahfied EqUipment and Machmery, If Taxpayer purchases material to rebuild the Quahfied Equipment and Machinery dunng the Sales/Use Tax Incentive Penod and, at the time of such purchase, Taxpayer pays the full amount of sales/use tax leVied by the City upon such purchase (the "sales/use tax amount"), then Taxpayer shall be entitled to offset 25% of the sales/use tax amount agalllst any balance due on ItS Return for the month in which Taxpayer purchased materials to rebuild the Qualified EqUipment and Machlllery and shall treat the amount of the offset as an amount withheld pursuant to the first sentence of thiS paragraph, To the extent that the amount of any offset exceeds the balance due With respect to the Return for the month m which the matenals were purchased to rebuild the Qualified EqUipment and Machmery, the excess may be carried forward from month-to-month and apphed against any balance due on subsequent Returns untll the offset is fully utilized. (c) For purposes of ItS internal accounting, Taxpayer shall account separately for all amounts Withheld pursuant to this Section 2.01. ARTICLE THREE - REPRESENT A TIONS BY THE CITY Section 301 The City represents and warrants that It has mformed Jefferson County and Jefferson County School District Number R-l of the negotiation of this Agreement. Section 3,02 The City represents and warrants that It has full power and authority to enter into and perform all obhgatlOns under this Agreement, including the authority granted by SectIOns 31-15-903 and 39-30-107.5 of the Colorado Revised Statutes. liED\53027\482777 ,0 I 2 ARTICLE FOUR ~ COMPLIANCE WITH AMENDMENT ONE It IS the mtent of the parties to comply with the reqUirements of Article X, SectIOn 20 of the Colorado ConstltutlOn. The parties reasonably believe that the provIsions of this Agreement are m comphance With the Colorado Constitution, and that thiS Agreement IS not subject to annual qualification or reauthonzatlon of any kind. To the extent that annual appropnation of the obligations of the City created by this Agreement IS required by Article X, SectIOn 20 of the Colorado ConstitutIOn or to the extent that this Agreement IS determined to be unenforceable for all or any portion of ItS term, the parties covenant and agree to take all actions reasonably necessary to fulfill the purpose of this Agreement, including the negotiation of Similar agreements, The parties do not intend this agreement to be a multi-year obhgatlOn of the city Any financial obhgatlOn of the city hereunder is subject to annual appropriation. ARTICLE FIVE ASSIGNMENT Upon the commencement of the Partnership, Coors shall assign all of ItS rights and obligations under thiS Agreement to the Partnership (Rocky Mountalll Bottle Company) and the Partnership shall be substituted III Coors' place for all purposes under this Agreement and shall succeed to all of Coors' rights and obhgatlOns under this Agreement. The City agrees that the assignment and substitution of the Partnership III place of Coors shall relate back to the original effective date of this Agreement, as if the Partnership had been the ongmal signatory to this Agreement With the City. Coors and the Partnership shall promptly notify the City following the assignment contemplated by thiS Article Five, ARTICLE SIX - MISCELLANEOUS SectIOn 6 01 ThiS Agreement constitutes the entire agreement between the parties and supersedes all pnor agreements and understandmgs, both oral and wntten, between the parties With respect to the subject matter of this Agreement. This Agreement may not be amended, waived, or terminated other than by wntten agreement, Signed by each party Section 6,02 Except as otherwise provided in Article Five, thiS Agreement IS not assignable by either party, SectIOn 6,03 ThiS Agreement is subject to and shall be interpreted in accordance With the laws of the State of Colorado and the City, mcludlllg all apphcable rules and regulations of the Colorado Department of Revenue and the City. ExclUSive venue and JunsdlctlOn over any dispute arismg under thiS Agreement shall be m the Dlstnct Court of Colorado m and for the County of Jefferson, Section 6.04 All notices relating to this Agreement shall be effective when sent via certified mall or overnight delIvery to the followlllg addresses, or to such other addresses as the parties may from time to time designate in writing to the other party in accordance with this Section 6,04: GED'53027\482777,OJ 3 If to the City, to~ Office of Economic Development City of Wheat RIdge 7500 West 29th Avenue Wheat Ridge, Colorado 80033 with a copy to~ City Attorney CIty of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80033 If to Coors, to~ Coors Brewing Company PO Box 4030 Mail No. NH205 Golden, Colorado 80401 SectlOn 6,05 ThiS Agreement may be executed m one or more counterparts, each of which when executed shall be an origmal and all of which together shall constitute one Agreement. SectlOn 6,06 ThiS Agreement shall be blllding upon the parties, and subJect to the provisions of SectIOn 6.02 and m accordance With ArtIcle Five, SectlOn 6,07 Article titles and headings used throughout thiS Agreement are for gUidance only and shall not be given effect in the interpretatIOn of this Agreement. LiElJ\53U27\482777,Q 1 4 IN WITNESS WHEREOF the parties execute this Tax Incentive Agreement to be effective as of the first date set forth above. CITY OF WHEAT RIDGE, COLORADO, a Colorado home rule city and municipal corporation ATTEST: By: ~~ ( ~~~derson, City Clerk Approved as to form: //: / / I j ! ~ I COORS BREWING COMPANY, a Colorado corporation By: /., ., ! I( 1,-.--/ \... L lCF. Robe~t K. Caseria Chief Supply Chain ~. I L I\CJ Title. Officer, Coors U.S. GEDl53027\482777,O I 5