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HomeMy WebLinkAbout2010-029-05/18/2010-APPROVING AN AGREEMENT BETWEEN THE CITY AND HEWLETT PACKARD COMPANY TO PROVIDE BUSINESS INVESTMENT A RESOLUTION 2010-029 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT BETWEEN THE CITY AND HEWLETT PACKARD COMPANY TO PROVIDE BUSINESS INVESTMENT ASSISTANCE FOR THE BUILDING 6 ANNEX EXPANSION WHEREAS, the Hewlett Packard Company ("HP") will be expanding and retrofitting Building 6 Annex, a building located on its business campus, by approximately 40,000 square feet for use as an engineering focus laboratory facility(the "Project"); and WHEREAS,the development ofthe Project will enable the City to better maintain and attract high-paying primary jobs in the City; and WHEREAS, HP estimates that it will invest over $64 million in the Project; and WHEREAS, HP anticipates that the Project will create over 100 jobs paying an annual average salary of$90,00, which would provide significant economic development benefit for the community at large; and WHEREAS,according to preliminary estimates,HP will also pay City fees and taxes related to the construction of the Project in the approximate amount of$582,000; and WHEREAS, the Project is anticipated to increase annual tax revenue for the City by approximately$138,000; and WHEREAS, City staff has been working with HP to discuss ways in which the City can provide financial assistance to the Project that will enhance the likelihood that the Project will be pursued; and WHEREAS, the City Council has determined that providing financial assistance to the Project is in the best interests of the City and will serve the important public purposes of increasing employment in the City, stabilizing and improving the long term tax base of the City and providing additional economic development benefits to the City; and WHEREAS, City staff has prepared for City Council's consideration an agreement between the City and HP(the"Agreement"),which Agreement sets forth the terms and conditions upon which financial assistance will be provided to HP by the City; and WHEREAS,the City Council believes that the Agreement is in the best interests in the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that providing financial assistance to Hewlett Packard Company,upon the terms and conditions contained in the Agreement,is in the best interests of the City and serves the important public purposes of increasing employment within the City, stabilizing and improving the long-term tax base of the City, and promoting economic development within the City. Section 2. That the Agreement,in substantially the form contained in Exhibit"A" attached hereto and incorporated herein by this reference, is hereby approved by the City Council, subject to such modifications as may be deemed necessary by the City Manager, in consultation with the City Attorney, in order to further the purposes of the Agreement. Section 3. That the City Manager is hereby authorized to execute the Agreement on behalf of the City. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of May A.D. 2010. I. a I I -# - Mayor ATTEST:'%LL - I City Clerk EXHIBIT A BUSINESS INVESTMENT AGREEMENT FOR ECONOMIC DEVELOPMENT RELATED TO HEWLETT PACKARD'S BUILDING 6 ANNEX RETROFIT THIS AGREEMENT is entered into this day of ,2010,by and between the City of Fort Collins,Colorado, a home rule municipal corporation(the"City"),and Hewlett Packard, Company, a Delaware Corporation("HP"). RECITALS WHEREAS, HP is the owner of property located at 3404 East Harmony Road in the City that is more fully described in Exhibit A and incorporated herein by this reference(the "Property');and WHEREAS,HP has committed to redeveloping the Property by retrofitting one of the buildings on the Property to include a 40,000 square foot expansion for an Engineering Focused lab facility within that building(the"Project");and WHEREAS,the building on the Property to be retrofitted is known as Building 6 Annex ("Building 6");and WHEREAS, the Project will consist of a construction expansion and remodel in addition to an investment in equipment; and WHEREAS,Project will enable the City to better maintain its place as the regional retail and business center of Northern Colorado in the face of competing facilities that could otherwise draw significant employment opportunities and retail sales revenues out of the Fort Collins community;and WHEREAS,HP estimates that the total investment in the Project will total more than$64 million and create over 100 jobs earning an annual average salary of$90,000, and that will provide significant economic benefit to the community at large;and WHEREAS,HP will pay an estimated$582,000 in City fees and taxes related to the Project;and WHEREAS,the City's Economic Development Department has concluded that the Project will generate a substantial increase in tax revenue for the City consisting of approximately(i)$450,000 in additional use tax over the next ten years;(ii)$150,000 annually in new personal property tax in the first ten years and$300,000 in new property tax in the subsequent years;and (iii)$88,000 in new annual real property tax revenues;and WHEREAS, according to the Economic Development Department, the Project will prevent high-paying primary jobs from leaving Fort Collins to other sites in Northern Colorado and elsewhere;and WHEREAS,HP has requested that the City enter into a business investment agreement for economic development;and WHEREAS,based on HP's representations that the Project will(i)be a high quality research laboratory.that will be owned and operated by HP, (ii) generate new primary jobs,and (iii) have a reasonable expectation of long-term operations in the City;and WHEREAS, in order to encourage the Project,the City Council has determined, through the adoption of Resolution 2010-_on 2010, that it is in the best interests of the City to provide a package of financial assistance for the Project consisting of two components: the rebate of new use tax revenues generated by the Project and the rebate of personal property tax on new Eligible Equipment installed in Building 6 as part of the Project; and WHEREAS, the City Council has further determined, through the adoption of Resolution 2010-_that providing the financial assistance described in this Agreement to HP will serve the important public purposes of increasing employment in the City, stabilizing and improving the long term tax base of the City, and providing additional economic development benefits to the City. NOW,THEREFORE, in consideration of the promises contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows. SECTION 1. DEFINITIONS Application for Use Tax Rebate means the application process for a use tax rebate using City approved forms consistent with the form attached as Exhibit B. Building 6 means that building located at 3404 East Harmony Road,Building 6 Annex. Certificate of Occupancy has the same meaning as set forth in the Code of the City of Fort Collins. Charter means the Home Rule Charter of the City. City means the City of Fort Collins, Colorado, a home rule municipal corporation. Code means the Code of the City of Fort Collins. 2 Countv Assessor means the Larimer County Assessor. Eligible Equil2ment means electronic equipment,including computers,network equipment, other computing equipment, and any new equipment necessary for the construction and operation of the Project. En;ineerin2 Focused Lab Facility and Facili mean a lab facility built as a result of the Project. HP means Hewlett-Packard,Company, a Delaware Corporation. Land Use Code means the Fort Collins Land Use Code. Project means HP's retrofit and expansion of existing Building 6 by 40,000 square feet for use as an engineering focused lab facility with a"sustainable data center"and other improvements that provide significant energy savings. SECTION 2. REPRESENTATIONS AND COVENANTS 2.1. The City represents and covenants that: 2.1.1. The City is a home rule municipal corporation of the State of Colorado. 2.1.2. There is no litigation or administrative proceeding pending or, to the knowledge of the City,threatened, seeking to question the authority of the City to enter into or perform this Agreement. 2.1.3. The City reasonably believes that it has the authority, and assuming such authority, the City Council has properly and regularly authorized the City to enter into the Agreement. 2.2. HP represents and covenants that: 2.2.1. HP is a corporation, duly organized and validly existing under the laws of the State of Colorado, is authorized to do business in the State of Colorado, is not in violation of any provisions of its organizational documents or, to its knowledge, the laws of the State of Colorado. 2.2.2. HP has the power and legal right to enter into the Agreement and has duly authorized the execution,delivery and performance of this Agreement by proper action,which Agreement will be enforceable against HP in accordance with its terms. 2.2.3. The consummation of transaction contemplated by this Agreement will not violate any provision of the governing documents of HP or, to its knowledge, 3 constitute a default or result in the breach of any term or provision of any contract or agreement to which HP is a party or by which it is bound. 2.2.4. To its knowledge, there is no litigation,proceeding,or investigation contesting the power of authority of HP with respect to the Project or this Agreement, and HP is unaware of that any such litigation, proceeding, or investigation has been threatened. 2.2.5. HP will submit a Site Plan to the City in accordance with all applicable procedures set forth in the Land Use Code. HP will redevelop the Property with appropriate care and diligence and cause the Project to be constructed in a manner consistent with the Site Plan,as approved in accordance with the Land Use Code. 2.2.6. In redeveloping the Property and Building 6, HP will comply with all applicable zoning and land use requirements and other applicable federal, state,county, and City statutes,rules, regulations and ordinances. 2.2.7. HP will operate, or cause to operate,Building 6 as an Engineering Focused Lab Facility for a period of not less than ten years following the earlier date of the issuance of a Certificate of Occupancy or December 31, 2011. 2.2.8. HP will cooperate with the City in taking reasonable actions to defend against any litigation brought by a third party concerning the Project or this Agreement. SECTION 3. REIMBURSEMENT OF USE TAX REVENUES 3.1. The City will collect the Use Tax Revenues from HP's initial Eligible Equipment investment associated with the Project and retrofit of Building 6 in a manner consistent with the City's overall efforts to collect use tax revenues. Nothing in this Agreement will be construed as imposing upon the City any obligation to exert special efforts in the collection of these revenues. 3.2. To the extent permitted by the constitution and laws of the State of Colorado and the Charter,the City will rebate to HP a portion of the Use Tax Revenues under the terms and conditions set forth in paragraph 3.3.1 and 3.3.2 below. If, as presently contemplated by the parties,the contingencies described in those paragraphs are satisfied, the total amount of Use Tax Revenues to be paid by the City will not exceed Six Hundred Thousand Dollars($600,000) (the"Maximum Use Tax Reimbursement")for the period beginning with the execution of this Agreement and ending on December 31, 2011. The Application for the Use Tax Rebate on Eligible Equipment shall be filed between August 1 and December 31 of each year for which a rebate eligible. 4 3.3. The payments of Use Tax Revenues referenced in paragraph 3.2 above will be made by the City to HP after the City issues a certificate of occupancy for the Project and HP has actually generated and remitted to the City use tax revenues for the minimum periods of time specified below. If either of these contingencies has not been satisfied on or before the dates specified,the payments will not be made. 3.3.1. A payment will be due and payable on March 31,2011 (the"First Payment") based upon an Application for Use Tax Rebate made by HP for use tax revenues remitted by HP to the City between the execution of this Agreement and December 31,2010,provided,however that if HP has not remitted use tax revenues to the City during this period,the First Payment will not be made. 3:3.2. A payment will be due and payable on March 31,2012(the"Final Payment") based upon an Application for Use Tax Rebate made by HP for use tax revenues remitted by HP to the City between January 1,2011 and December 31,2011, provided,however that if HP has not remitted use tax revenues to the City during this period,the Final Payment will not be made. 3.4. The City,in its sole discretion,may pre-pay any amount of Use Tax Revenues without prepayment penalties. 3.5. The City's payment obligation under this Section shall be limited to the amount of the Use Tax Revenues indicated above. HP agrees to assume the entire risk that the Project will be unable to begin and remit use tax on new manufacturing equipment invested in the Project by December 31,2011 to qualify for the Maximum Use Tax Reimbursement. 3.6. Interest earned, if any, on Use Tax Revenues held by the City until payment is made to HP will belong to the City. 3.7. Notwithstanding the Maximum Use Tax Reimbursement, the City will not be required to pay to HP any Use Tax Revenues greater than that actually collected and remitted to the City. HP acknowledges that the generation of Use Tax Revenues is entirely dependent on HP's investment of Eligible Equipment in the Project and Building 6 and agrees that the City is in no way responsible for the amount of Use Tax Revenue actually collected. 5 3.8. The parties agree that the obligations of the City do not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation or provision. The obligations of the City for payment of the Use Tax Revenues under this Agreement are from year to year only and do not constitute a mandatory payment obligation of the City in any fiscal year beyond the present fiscal year. This Agreement does not directly or indirectly obligate the City to make any payments of Use Tax Revenues beyond those appropriated for any fiscal year in which this Agreement is in effect. The City Manager(or any other officer or employee at the time charged with the responsibility of formulating budget proposals) is hereby directed to include in the budget proposals and appropriation ordinances submitted to the City Council,in each year prior to expiration of this Agreement, amounts sufficient to meet its obligations hereunder,but only if it receives such amounts in the form of Use Tax Revenues,it being the intent,however,that the decision as to whether to appropriate such amounts is in the discretion of the City Council. SECTION 4. REIMBURSEMENT OF PERSONAL PROPERTY TAX REVENUES 4.1. The City shall collect the Personal Property Tax Revenues from the Project in a manner consistent with the City's overall efforts to collect personal property tax revenues. Nothing in this Agreement will be construed as imposing upon the City any obligation to exert special efforts in the collection of these revenues. 4.2. To the extent permitted by the constitution and laws of the State of Colorado and the Charter, the City will pay HP a portion of the Personal Property Tax Revenues under the terms and conditions set forth in paragraph 4.3 below. If, as presently contemplated by the parties, the contingencies described in paragraph 4.3 are satisfied as to each of the ten payments provided for therein,the total amount of Personal Property Tax Revenues to be paid by the City will not exceed One Million Dollars($1,000,000)and the annual payments will not exceed One Hundred Thousand Dollars($100,000). 4.3. The payments of Personal Property Tax Revenues referenced in paragraph 4.2 above will be made by the City to HP as follows: 4.3.1. The assessed personal property value certified by the County Assessor for tax year 2009 will be the baseline measurement('Baseline Personal Property Tax'). 4.3.2. For ten consecutive years,beginning with tax year 2010, fifty percent of any increase in the assessed personal property certified by the County Assessor for the then current year over the Baseline Personal Property Tax will be reimbursed by the City to FIR 4.3.3. The payments contemplated by this Section will be paid by December 31 of each year, starting in 2011,for the previous tax year. 6 4.3.4. The Personal Property Tax Revenues will only be eligible for reimbursement as described above if HP continuously operates Building 6 as an Engineering Focused Lab Facility as described in this Agreement and has actually generated and remitted to the City personal property tax revenues for Building 6. 4.4. The parties agree that no less than twice a year the City may require HP to make available to the City all documents that verify the purchase of personal property installed in Building 6, including the County Assessor's certification of value.The City agrees that such documents constitute privileged information and confidential financial data within the meaning of the Colorado Open Records Act, and, to the extent permitted by law, the City shall deny the right of inspection of such documents to any third party without the consent of HP. i 4.5. The City,in its sole discretion,may pre-pay any amount of Personal Property Tax Revenues without prepayment penalties. 4.6. The City's payment obligation under this Section shall be limited to the amount of the Personal Property Tax Revenues indicated above. HP agrees to assume the entire risk that the Project will be unable to begin and maintain operations at the levels sufficient to generate the level of personal property tax identified above and that one or more payments will be forfeited unless the requirements of this Agreement have been satisfied. 4.7. Interest earned,if any, on Personal Property Tax Revenues held by the City until payment is made to HP will belong to the City. 4.8. The parties agree that the obligations of the City hereunder do not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation or provision. The obligations of the City for payment of the Personal Property Tax Revenues under this Agreement are from year to year only and do not constitute a mandatory payment obligation of the City in any fiscal year beyond the present fiscal year. This Agreement does not directly or indirectly obligate the City to make any payments of Personal Property Tax Revenues beyond those appropriated for any fiscal year in which this Agreement is in effect. The City Manager(or any other officer or employee at the time charged with the responsibility of formulating budget proposals]is hereby directed to include in the budget proposals and appropriation ordinances submitted to the City Council,in each year prior to expiration of this Agreement, amounts sufficient to meet its obligations hereunder,but only if it receives such amounts in the form of Personal Property Tax Revenues,it being the intent,however,that the decision as to whether to appropriate such amounts is in the discretion of the City Council. SECTION 5. CITY'S RIGHT TO WITHHOLD OR OFFSET PAYMENTS 5.1. HP agrees to comply with all City codes,ordinances,resolutions and regulations,and to pay all taxes,fees and expenses due to the City under the Code, the City's Land Use Code or this Agreement,subject to any variances or modifications of standards that may be granted to HP under the Code or the City's Land Use Code, and to comply with the terms and conditions of the Development Agreement. If HP is in violation of the provisions of the Code, the City's Land Use Code, this Agreement or the Development Agreement, the City will provide written notice to the Developer of such violation, and allow the HP a period of ninety(90) days in which to cure such violation. The City may thereafter withhold any payments of Use Tax Revenues or Personal Property Tax Revenues due to HP under this Agreement until such time as the violations are cured or abated. 5.2.. In addition to the foregoing, the City, at its option, may, after the notice and after the expiration of the.cure period if such violations have not been cured or abated, apply any Use Tax Revenues or Personal Property Tax Revenues that would otherwise be payable to HP under this Agreementto any unpaid amounts theretofore due and payable to the City by HP under this Agreement, the Code, the Land Use Code, or the Development Agreement,in which event HP will be credited with the full amount of any such payments. SECTION 6. RECORDS AND AUDITS 6.1. HP must keep true,accurate and complete records of all equipment installed and operated in Building 6,which records will be available for inspection by the City without unreasonable delay and without expense. HP agrees that the City has the right, through its duly authorized agents or representatives, to examine all such records upon ten(10)days notice at all reasonable times,for the purpose of determining the accuracy and propriety of the financial representations which have been made by HP. This right of review terminates upon termination of the later of the City's payments of Use Tax Revenues as provided in Section 3 of this Agreement and the payments of Personal Property Tax Revenues as provided in Section 4 of this Agreement. In the event that the City becomes the custodian of any such records which may contain trade secrets or confidential or proprietary information, and are so marked, the City will, to the extent permitted by law, protect the confidentiality of such information and deny any request for inspection of such records. 6.2. The City will keep, or cause to be kept, true,accurate and complete records of all calculations relating to the Sales Tax Revenues; the Personal Property Tax Revenues;.interest credited to these amounts;and such other calculations, allocations and payments required by this Agreement, and will make such records available for inspection by HP upon ten(10)days notice at all reasonable times, to the extent permitted by law. SECTION 7. RESTRICTIONS ON ASSIGNMENT 7.1. The qualifications of HP are of particular concern to the City. Therefore,no voluntary or involuntary successor in interest of HP shall acquire any rights or powers under this Agreement 8 except as expressly set forth herein and HP will not assign all or any part of this Agreement except as follows: 7.1.1. with the prior written approval of the City Council;or 7.1.2. to Affiliates as defined herein;or 7.1.3. as collateral to a lender in connection with the financing of the Project;or 7.1.4. after the City's payment obligations as described in Sections 3 and 4 of this Agreement have terminated. 7.2. HP must notify the City within fifteen(15)days of any and all changes whatsoever in the identity of the parties in control of HP, or the degree thereof,of which it or any of its officers have been notified or otherwise have knowledge or information. SECTION 8. EVENTS OF DEFAULT;REMEDIES 8.1. Default or an event of default by HP mean one or more of the following events: 8.1.1. HP assigns or attempts to assign this Agreement in violation of Section 7 of this Agreement;or 8.1.2. HP fails to substantially observe or perform any other material covenant, obligation or agreement required under this Agreement. 8.2. Upon the occurrence of any event of default,the City shall provide written notice to HP. HP must immediately proceed to cure or remedy such default,and in any event,such default shall be cured within thirty(30)days after receipt of the notice,or such longer time as the City and HP agree in writing. Upon the failure of HP to so cure any such default, the City shall have all remedies available to it,in law or in equity,including,but not limited to,specific performance. i 8.3. Default or an event of default by the City shall mean one or more of the following events: 8.3.1. Any representation or warranty made in this Agreement by the City was materially inaccurate when made or shall prove to be materially inaccurate; 8.3.2. The City fails to pay the proceeds of the Sales Tax Revenues or the Personal Property Tax Revenues as and when provided in this Agreement(except to the extent such failure is the result of the action,inaction or failure of HP to document liability for, collect, account for or pay the Sales Tax Revenues or Personal Property Tax Revenues). 9 8.3.3. The City fails to pay or perform any other material covenant, obligation or agreement required of it under this Agreement. 8.4. Upon the occurrence of any event of default,HP will provide written notice to the City. The City must immediately proceed to cure or remedy such default, and in any event, such default shall be cured within thirty(30)days after receipt of the notice,or such longer time as the City and HP agree in writing. Upon the failure of the City to so cure any such default,HP will have all remedies available to it, in law or in equity,including,but not limited to,specific performance. SECTION 9. NOTICES 9.1. All notices required or permitted hereunder shall be in writing and shall be effective upon mailing, deposited in the United States Mail,postage prepaid, and addressed to the intended recipient as follows. Any party can change its address by written notice to the other given in accordance with this paragraph. 9.1.1. City of Fort Collins: City of Fort Collins Attention:City Manager 300 LaPorte Avenue, PO Box 580 Fort Collins, CO 80522-0580 9.1.2. With a copy to: City of Fort Collins Attention:City Attorney 300 LaPorte Avenue, PO Box 580 Fort Collins,CO 80522-0580 9.1.3. HP: Hewlett Packard Attention:General Counsel Frank Pedraza Senior Counsel Hewlett--Packard Company 3000 Hanover Street Palo Alto,CA 94304 9.1.4. With a copy to: Steve Stiesmeyer Colorado Operations Manager 3404 East Harmony Road Fort Collins,CO 80528 10 SECTION 10. MISCELLANEOUS 10.1. Binding Effect. This Agreement inures to the benefit of and is binding upon the City and HP and HP's assignees which are permitted pursuant to Section 7 of this Agreement. 10.2. No Third Part�Beneficiaries.The City is not obligated or liable under the terms of this Agreement to any person or entity not a party hereto except any assignee permitted pursuant to Section 7 of this Agreement. Further, the City is not bound by any contracts or conditions that HP may negotiate with third parties related to the Project. 10.3. Interpretation,Turisdiction and Venue. This Agreement is being executed and delivered and is intended to be performed in the State of Colorado, and the laws of Colorado govern the validity,construction,enforcement and interpretation of this Agreement. Exclusive jurisdiction and venue for resolution of any dispute arising hereunder will be in the Larimer County,Colorado District Court. 10.4. Entire Agreement. This Agreement embodies the whole agreement of the parties concerning financial assistance by the City the Project. Although it is anticipated there will be at least one other agreement governing general development issues related to the Village, there are no promises, terms, conditions,or obligations other than those contained herein exist with respect to the financial assistance package. This Agreement supersedes all provisions, communications,representations,or agreement,either verbal or written,between the parties with respect to the financial assistance package. 10.5. Waiver of Breach. A written waiver by either party to this Agreement of the breach of any term or provision of this Agreement will not operate or be construed as a waiver or any subsequent breach by another party. 10.6. Article and Section Captions.The captions of the articles and sections of this Agreement are set forth only for the convenience and reference of the parties and are not intended in any way to define,limit,or describe the scope or intent of this Agreement. 10.7. City and HP Not Partners. Notwithstanding any language in this Agreement, the City is not a member,partner,or joint venturer of HP, and the City shall not be responsible for any debt or liability of HP or its contractors or agents. HP is not responsible for any debt or liability of the City or their contractors or agents. 11 10.8. Severability. If any portion or portions of this Agreement are determined to be illegal or unenforceable,the remainder of this Agreement will not be affected thereby and will remain in full force and effect as if such illegal or unenforceable portion or portions did not exist. If all or any portion of the payments required by the terms of this Agreement are determined,by a court of competent jurisdiction in a final non-appealable judgment, to be contrary to public policy or otherwise precluded,and if the decision of such court clearly indicates how the payments maybe made differently and in a manner that is legal,valid and enforceable, then the Parties will utilize their reasonable,best, good faith efforts to promptly restructure and/or amend this Agreement in accordance with such court decision,or to enter into a new agreement, to assure,to the extent legally permissible, that all payments are made to HP as contemplated by this Agreement. 10.9. Originals. This Agreement may be simultaneously executed in any number of counterparts, each of which will be deemed original but all of which constitute one and the same Agreement. 10.10. Joint Draft. The parties agree they drafted this Agreement jointly with each having the advice of legal counsel and an equal opportunity to contribute to its content. IN WITNESS WHEREOF,the City and HP have executed this Agreement as of the date first above written. Signatures on following page. 12 CITY OF FORT COLLINS,COLORADO a municipal corporation By: Darin A.Atteberry,City Manager Attest: City Clerk Approved as to form: Assistant City Attorney HEWLETT PACKARD COMPANY a Delaware corporation By: Name and title State of ) )ss. County of ) The foregoing was acknowledged before me this day of 2010,by as Hewlett Packard Company,a Delaware corporation. Witness my hand and official seal. My commission expires: Notary Public 13 EXHIBIT A Lot 1 of the Preston-Kelley 2"d Subdivision. A tract of land being part of Preston-Kelley subdivision and Harmony Annexation No. 5 and located in the South Half of Section 33, Township 7 North, Range 68 West of the 61h Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado. 14 EXHIBIT B City of Fort Collins Economic Development - Use Tax Rebate Application 2010 Company Name Phone Number Mailing Address Fort Collins License Number Contact Person . The following information is mandatory for the rebate process. All financial information contained in this application will be confidential. Projeciflnformatwn;3;117t}sti 3 a s Date project Operations began in Fort Collins Briefly describe project operations? Square footage of project facility Square footage of entire Fort Collins facility 2008 property tax valuation 2008 personal property tax valuation 2009 property tax valuation 2009 personal property tax valuation Who is your natural gas provider? Annual Gas Consumption Emplbyee.IMomiat ion,ae ;3:Fe::::::.. Number of full time equivalent employees as of January 1,201,0 Median Annual Wage Number of full time equivalent employees as of December 31,2010 Median Annual Wage Number of temp.,seasonal&contract employees as of 12/31/10 Median Annual Wage Purchase price of Eligible Equipment purchased in 2010: Amount of rebate requested: I hereby authorize the City to review and consider sales and use our records,vendor retorts contract and other Information available regarding the company's eligibility for a rebate under this program. I further authorize the City to release to the publk information contained in this application,as well as information rega Ing any rebates issued to the company under this rebate program. I certify that the company requesting this rebate is in compliance with all Federe(State and local laws and regulations for the manufacturing facility located in Fort Collins. I also ceriHy that the company is current with ail City of Fart Coffins contractual,payment and sales and use tax obl/gations. I declare under penalty of perjury that this claim(including any accompanying schedules and statements)has been examined by me and to the best of my knowledge and belle/is tore and made in good faith for the stated puryose. Further,I represent and warrant that 1 have the necessary authority to execute this application on behalf of the company,and to make the above certdlcatlons,authorizations,and declarat/on. A claim by an agent must be accompanied by power of attorney. Slgrature of Taxpayer T§le Data 15 OTHER INFORMATION You must provide a list of the Eligible Equipment purchased that includes the following: 1. Invoice number 2. Invoice date 3. Vendor name 4. Description of machinery purchased 5. Intended use of the machinery 6. Date the use tax was paid to the City of Fort Collins 7. Purchase price of the equipment 8. Amount of purchase subject to Fort Collis tax 9. Amount of Fort Collins use tax paid You are not required to submit copies of the invoices for which the rebate is requested. However,in the event i that there are questions regarding the eligibility of certain equipment,supporting documentation,Including invoices,will be required. Application may be submitted between August 31,2010 and December 31,2010 Submit applications and list of equipment purchased to: City of Fort Collins Financial Services P.O.Box 580 Fort Collins,CO 80522-0580 For specific questions regarding the rebate program or general sales and use tax questions, call the Sales Tax Office at(970)221-0780. 16