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BUSINESS ASSISTANCE AGREEMENT FOR <br /> THE ALLEN COMPANY IN THE CITY OF LOUISVILLE <br /> THIS AGREEMENT ("Agreement") is made and entered into as of then?day <br /> of August, 2011, between the CITY OF LOUISVILLE, a Colorado home rule municipal <br /> corporation(the "City"), and THE ALLEN COMPANY, a Colorado S Corporation. <br /> WHEREAS, the City wishes to provide certain assistance to The Allen Company <br /> in connection with the company's construction of two industrial buildings totaling over <br /> 300,000 square feet in Louisville (the project); and <br /> WHEREAS, The Allen Company plans to begin construction of the project during <br /> 2011 and occupy it in 2013; and <br /> WHEREAS, The Allen Company will bring new jobs to the City; and <br /> WHEREAS, City Council finds the execution of this Agreement will serve to <br /> provide benefit and advance the public interest and welfare of the City and its citizens 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 /> City and The Allen Company agree as follows: <br /> ' 1. Building Permit Fee Rebates. The City shall rebate to The Allen Company <br /> 50% of the building related permit fees for the project, required under Louisville <br /> Municipal Code, section 15.04.050 and section 108.2 of the International Building Code <br /> as adopted by the City. <br /> 2. Use Tax Rebate-Construction. The City shall rebate to The Allen Company <br /> 50% of the Construction Use Tax on the building materials for the project, required under <br /> Louisville Municipal Code, section 3.20.300, excluding all revenues from the open space <br /> tax. <br /> 3. Payment of Rebates Cap. The maximum amount of the rebates payable <br /> pursuant to 1 and 2 above shall in no event exceed the calculation of 50% of the fees <br /> paid. The rebates shall be paid by the City within 120 days following issuance of the <br /> Certificate of Occupancy for the project, subject to paragraphs 4 and 5 below. Payment <br /> will be submitted to The Allen Company at the address assigned by the City on the <br /> building permit. No interest shall be paid on amounts subject to rebate. <br /> 4. Use of Funds. Funds rebated pursuant to this Agreement shall be used by The <br /> Allen Company solely for obligations and/or improvements permitted under Louisville <br /> Municipal Code section 3.24.060 (as enacted by Ordinance No. 1507, Series 2007), <br /> which may include construction of new industrial buildings in the Colorado Technology <br /> Center for the creation of jobs within the City. The eligible obligations and/or ip13 <br /> improvements to vacant land in the Colorado Technological Center shall be fully satisfied <br />< )' and/or completed prior to payment to The Allen Company of any rebate pursuant to this <br /> Agreement. <br />