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BUSINESS ASSISTANCE AGREEMENT FOR <br /> TWELVE DEGREE BREWING, LLC IN THE CITY OF LOUISVILLE <br /> THIS AGREEMENT("Agreement") is made and entered into as of the S day <br /> of RA2Gy , 2013, between the CITY OF LOUISVILLE, a Colorado home <br /> rule municipal corporation (the "City"), and TWELVE DEGREE BREWING, LLC <br /> ("Company"), a Colorado limited liability company. <br /> WHEREAS, the City wishes to provide certain assistance to Company in <br /> connection with the Company's intended building modifications and tenant finish to 820 <br /> Main Street Unit 101 in Louisville (the"Project"); and <br /> WHEREAS, Company plans to expand into the new location in 2013; and <br /> WHEREAS, Company plans for the project to generate new sales tax revenue by <br /> the attraction, opening and operation of a micro-brewery in 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 Company agree as follows: <br /> 1. Building Permit Fee Rebates. The City shall rebate to Company 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 Company 50% 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. Payment of Rebates. The maximum amount of the rebates payable pursuant to <br /> 1, and 2 above shall in no event exceed the calculation of 50% of the fees paid to the <br /> City. The building permit fee and use tax rebates shall be paid by the City within 120 <br /> days following issuance of the certificate of occupancy for the Project, subject to <br /> paragraphs 4 and 5 below. No interest shall be paid on any amounts subject to rebate. <br /> 4. Use of Funds. Funds rebated pursuant to this Agreement shall be used by <br /> Company solely for obligations, improvements and/or purposes permitted under <br /> Louisville Municipal Code section 3.24.060, which may include tenant improvements for <br /> occupancy of vacant space or the expansion or creation of jobs within the City. The <br /> eligible obligations, improvements and/or purposes for the Project shall be fully satisfied, <br /> completed and/or achieved prior to payment to Company of any rebate pursuant to this <br /> Agreement. <br />