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BUSINESS ASSISTANCE AGREEMENT FOR <br />PEARL IZUMI USA, INC. IN THE CITY OF LOUISVILLE <br />THIS AGREEMENT ( "Agreement ") is made and entered into as of the 3rd day of <br />April, 2012, between the CITY OF LOUISVILLE, a Colorado home rule municipal <br />corporation (the "City "), and PEARL IZUMI USA, INC. (Pearl iZumi), a Colorado C <br />Corporation. <br />WHEREAS, the City wishes to provide certain assistance to Pearl - 1Zumi in <br />connection with the company's construction of a new corporate headquarters building of <br />approximately 75,000 to 108,000 square feet on vacant land in the Colorado Technology <br />Center in Louisville (the project); and <br />WHEREAS, Pearl iZumi plans to occupy the new facility in the fourth quarter of <br />2013; and <br />WHEREAS, Pearl iZumi will retain and expand primary jobs paying more than <br />the 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 Pearl iZumi agree as follows: <br />1. Building Permit Fee Rebates. The City shall rebate to Pearl iZumi 50% 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 Pearl iZumi 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 and historic preservation tax. <br />3. Sales /Use Tax Rebate - Tangible Goods. For the first four years of operation <br />in Louisville, the City shall rebate to Pearl iZumi, 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, Pearl iZumi would have <br />remitted use tax to the City. No rebate shall be issued for goods purchased prior to the <br />date of Pearl iZumi's contract to purchase land for expansion in the Colorado Technology <br />Center. Only those tangible goods purchased for use at the new site in the Colorado <br />Technology Center shall qualify for rebate consideration. Tangible goods include, by <br />