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BUSINESS ASSISTANCE AGREEMENT FOR <br /> BAB()I.AT VS NORTH AMERIC,A, INC. IN 1111. CITY OF LA.)t:ISVILLE <br /> 111 IS AGREEMENT is made and entered into as of the )6t1i dav <br /> of April. 2011. between the (1 OF 1...01,311SV [ELL a Colorado home rule municipal <br /> corporation (the "(24"), and 13AII)LAT VS NORTH AMERICA. INC.. a Colorado <br /> Corporation. <br /> \VI] EREAS_ the City \-k ishes to provide certain assistance to Babolat VS North <br /> America. Inc. in connection with the company's tenant finish of approximately 80,612 <br /> sR'' e feet of existing ‘aeant space at 1775 Cherry Street in Louisville ((he project): and <br /> WI HiRLAS, Babolat VS North America. Inc. plans to occupy the new facility <br /> (luring 2011: and <br /> \V1 11 Babolat VS North America, Inc, currently occupies space within the <br /> Colorado Teelirmlogy Center and, VIII] this move. Would retain primary jobs within the <br /> City: and <br /> WHEREAS, City Council finds the execution of this Agreement will serve to <br /> prcrvide benefit and advance the public interest and welfare of the City and its citifens by <br /> securing the location of this economic development project within the City. <br /> NOW THEREFORE, in consideration of the mutual promises set forth below. the <br /> ('ity and Babolat VS North America, Inc. agree as follows: <br /> 1, Building Permit Fee Rebates, The City shall rebate to Babolat VS North <br /> „America. Inc. 50'i° of the building related permit fees for the project, required under <br /> Louisville Municipal Code, section 15,04,050 and section 108.2 of the International <br /> Building Code as adopted by the Cny. <br /> 2, Use Tax Rebate-Construction, The City shall rebate to Babolat VS North <br /> America. Inc, 509,- of the Construction Use Tax on the building materials for the project, <br /> required under Louisville Municipal section 3.20,300, excluding all revenues from <br /> the open space tax. <br /> 3. Payment of Rebates Cap. The maximum amount of the rebates payable <br /> pursuant to 1 and 2 above shall in no e ent exceed the calculation of 50"-'0 of the fees <br /> paid. The rebates shall he paid by' the Cny within 120 days following issuance of the <br /> Certificate of Occupancy for the project. subject to paragraphs 4 and 5 below. Payment <br /> will he submitted to Babolat \'S North America, Inc. at 1775 Cherry Street. No interest <br /> shall be paid on amounts subject to rebate, <br /> 4. 1...1se of Funds, Funds rebated pursuant to this Agreement shall he used by <br /> Babolat VS North America, Inc. solely tOr obligations and or improvements permitted <br /> under Louisville Municipal Code section 3.24.060 (a: enacted by Ordinance No. 1507. <br /> Series 2007). which may include tenant inyrovements for occupancy of acant space or <br /> the expansion or creation of jobs kVithin thc 01). The eligible obligations an(Tor <br />