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BUSINESS ASSISTANCE AGREEMENT FOR <br /> HORIZON AG-PRODUCTS,L.P. IN THE CITY OF LOUISVILLE <br /> THIS AGREEMENT ("Agreement") is made and entered into as of the (o day <br /> of pppr,\ , 2013, between the CITY OF LOUISVILLE, a Colorado home <br /> rule municipal corporation (the "City"), and HORIZON AG-PRODUCTS, L.P. <br /> ("Company"), a Texas Limited Partnership. <br /> WHEREAS, the City wishes to provide certain assistance to Company in <br /> connection with the Company's tenant finish of approximately 13,000 square feet of <br /> existing space at 1450 Infinite Drive in Louisville (the"Project"); and <br /> WHEREAS, Company plans to expand into the new location in 2013; and <br /> WHEREAS, Company will bring to the City new primary jobs paying more than <br /> the average wage in Boulder County; 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; 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 <br /> paid to the City or $5,600, whichever is lower. The building permit fee and use tax <br /> rebates shall be paid by the City within 120 days following issuance of the certificate of <br /> occupancy for the Project, subject to paragraphs 4 and 5 below. No interest shall be paid <br /> 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 />