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• BUSINESS ASSISTANCE AGREEMENT FOR <br /> REAL GOODS SOLAR CORPORATION IN THE CITY OF LOUISVILLE <br /> THIS AGREEMENT ("Agreement") is made and entered into as of the )Y day <br /> of October, 2011, between the CITY OF LOUISVILLE, a Colorado home rule municipal <br /> corporation (the "City"), and REAL GOODS SOLAR CORPORATION (Real Goods), a <br /> Colorado C-Corporation. <br /> WHEREAS, the City wishes to provide certain assistance to Real Goods in <br /> connection with the company's tenant finish of approximately 28,000 square feet of <br /> existing space at 833 W. South Boulder Road in Louisville (the project); and <br /> WHEREAS, Real Goods plans to occupy the new facility in early 2012; and <br /> WHEREAS, Real Goods will bring new primary jobs paying more than the <br /> average wage in Boulder County 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 Real Goods agree as follows: <br /> • 1. Building Permit Fee Rebates. The City shall rebate to Real Goods 75% of the <br /> building related permit fees for the project, required under Louisville Municipal Code, <br /> section 15.04.050 and section 108.2 of the International Building Code as adopted by the <br /> City. <br /> 2. Use Tax Rebate-Construction. The City shall rebate to Real Goods 75% of the <br /> Construction Use.Tax on the building materials for the project, required under Louisville <br /> Municipal Code, section 3.20.300, excluding all revenues from the open space tax and <br /> historic preservation tax. <br /> 3. Sales/Use Tax Rebate-Tangible Goods. For the first two years of operation in <br /> Louisville, the City shall rebate to Real Goods, 50% of the Use Tax (and in certain <br /> circumstances as described below, Sales Tax) paid and collected on tangible goods <br /> purchased for the company, as required under Louisville Municipal Code, section <br /> 3.20.300, excluding all tax revenues from the open space tax and historic preservation <br /> tax. In certain circumstances, Sales Tax may be included in this rebate, when the <br /> purchases were from companies with nexus with the City, therefore allowing those <br /> companies to remit sales tax to the City. Absent such nexus, Real Goods would have <br /> remitted use tax to the City. No rebate shall be issued for goods purchased prior to the <br /> date of Real Goods' lease expansion for 833 W. South Boulder Road. Only those <br /> tangible goods purchased for use at 833 W. South Boulder Road shall qualify for rebate <br /> consideration. Tangible goods include, by way of example, computers, furniture, <br /> fixtures, appliances, electronics, and does not include, by way of example, food, office <br /> supplies or other consumable goods not expected to last for three or more years. <br /> • <br />