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• <br /> BUSINESS ASSISTANCE AGREEMENT FOR <br /> BOULDER WIND POWER,INC. IN THE CITY OF LOUISVILLE <br /> THIS AGREEMENT ("Agreement") is made and entered into as of the 21st day <br /> of December, 2011,. between the CITY OF LOUISVILLE, a Colorado home rule <br /> municipal corporation (the "City"), and BOULDER WIND POWER, INC., a Delaware <br /> Corporation. <br /> WHEREAS, the City wishes to provide certain assistance to Boulder Wind <br /> Power, Inc. in connection with the company's tenant finish of approximately 34,329 <br /> square feet of existing vacant space at 1812 Boxelder Street in Louisville (the project); <br /> and <br /> WHEREAS, Boulder Wind Power, Inc. plans to occupy the new facility during <br /> 2012; and <br /> WHEREAS, Boulder Wind Power, Inc. will bring new high-paying primary jobs <br /> to the City; and <br /> WHEREAS, Boulder Wind Power, Inc. will generate significant additional use <br /> tax revenue for the City of Louisville; 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 Boulder Wind Power, Inc. agree as follows: <br /> 1. Building Permit Fee Rebates. The City shall rebate to Boulder Wind Power, <br /> Inc. 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 Boulder Wind Power, <br /> Inc. 50% of the Construction Use Tax on the building materials for the project, required <br /> under Louisville Municipal Code, section 3.20.300, excluding all revenues from the open <br /> space tax and historic preservation tax. <br /> 3. Sales/Use Tax Rebate-Tangible Goods. For the first five years of its operation <br /> in the City, the City shall rebate to Boulder Wind Power, Inc. 50% of the Use Tax (and in <br /> certain circumstances as described below, Sales Tax) paid by it and collected by the City <br /> on tangible goods purchased by Boulder Wind Power, Inc., limited to such taxes required <br /> to be paid under Louisville Municipal Code sections 3.20.200 and 3.20.300, and <br /> excluding all tax revenues from the open space tax and historic preservation tax. Sales <br /> Tax may be included in this rebate for purchases from vendors with nexus with the City, <br /> where the vendor remits Sales Tax to the City and where, absent such nexus, Boulder <br /> Wind Power, Inc. would have remitted Use Tax to the City. No rebate shall be issued for <br /> goods purchased prior to the effective date of Boulder Wind Power Inc.'s lease <br /> 1 <br />