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BUSINESS ASSISTANCE AGREEMENT FOR <br /> WESTCON GROUP NORTH AMERICA, INC. IN THE CITY OF LOUISVILLE <br /> THIS AGREEMENT ("Agreement") is made and entered into as of the 6 day of <br /> December, 2011, between the CITY OF LOUISVILLE, a Colorado home rule municipal <br /> corporation (the "City"), and WESTCON GROUP NORTH AMERICA, INC., <br /> ("Westcon, Inc.") a New York Corporation. <br /> WHEREAS, the City wishes to provide certain assistance to Westcon, Inc. in <br /> connection with the company's tenant finish of approximately 21,200 square feet of <br /> existing vacant space at 363 Centennial Parkway in Louisville (the project); and <br /> WHEREAS, Westcon, Inc. plans to occupy the new facility in the first half of <br /> 2012; and <br /> WHEREAS, Westcon, Inc. will bring new high-paying primary jobs to the City; <br /> 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 tle'mutual promises set forth below, the . <br /> City and Westcon, Inc. agree as follows:. <br /> 1. Building Permit Fee Rebates. The City shall rebate to Westcon, Inc. 50% of <br /> the building related permit fees for the project, required under Louisville Municipal <br /> Code, section 15.04.050 and section 108.2 of the International Building Code as adopted <br /> by the City. <br /> 2. Use Tax Rebate-Construction. The City shall rebate to Westcon, Inc. 50% of <br /> 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 paid <br /> to the City. The building permit fee rebate shall be paid by the City within 120 days <br /> following issuance of the Certificate of Occupancy for the project, subject to paragraphs <br /> 4 and 5 below. 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 <br /> Westcon, Inc. 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 tenant improvements for occupancy of vacant space or the expansion <br /> or creation of jobs within the City. The eligible obligations and/or improvements to 363 <br /> Centennial Parkway shall be fully satisfied and/or completed prior to payment to <br /> Westcon, Inc. of any rebate pursuant to this Agreement. <br />