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or its permitted successors and assigns, shall pay to the City ten percent <br />(10%) of the enhanced assistance rebated by the City under the EAP <br />agreement for each full year that the applicant, and/or its successors and <br />assigns, cease operations at the business location. <br />E. A provision that any enhanced assistance subject to sharing <br />shall be escrowed in the event there is a legal challenge to the EAP or the <br />approval of any application therefor; <br />F. An affirmative statement that the obligations, benefits and <br />provisions of the agreement may not be assigned in whole or in any part <br />without the express written authorization of the City Council, and further that <br />no third party shall be entitled to rely upon or enforce any provision of the <br />agreement; <br />G. A statement that the agreement shall be subject to the annual <br />appropriation of sufficient funds for payments as provided in this chapter, <br />pursuant to Section 20, Article X of the Colorado Constitution; <br />H. A statement that the applicant shall have no right, claim, lien <br />or priority in or to the City's sales or use tax revenue superior to or on parity <br />with the rights, claims or liens of the holders as any sales or use tax revenue <br />bonds, notes, certificates or debentures payable from or secured by any <br />sales or use taxes, existing or hereafter issued by the City; and that all rights <br />of the successful applicant are, and at all times shall be, subordinate and <br />inferior to the rights, claims and liens of the holders of any and all such <br />existing or hereafter issued sales and use tax revenue bonds, notes, <br />certificates or debentures, payable from or secured by any sales or use <br />taxes issued by the City; and <br />I. Any other provisions agreed upon by the parties and <br />approved by the City Council. <br />Section 2. If any portion of this ordinance is held to be invalid for any reason, such <br />decision shall not affect the validity of the remaining portions of this ordinance. The City <br />Council hereby declares it would have passed and approved this ordinance and each part <br />hereof irrespective of the fact that any one part be declared invalid. <br />Section 3. The repeal or modification of any provision of the Municipal Code of <br />the City of Louisville by this ordinance shall not release, extinguish, alter, modify, or change <br />in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have <br />been incurred under such provision, and each provision shall be treated and held as still <br />remaining in force for the purpose of sustaining any and all proper actions, suits, <br />proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as <br />Ordinance No. 1888, Series 2024 <br />Page 7 of 8 <br />