City Council Agenda and Packet 2013 11 04

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AMENDED AND RESTATED BUSINESS ASSISTANCE AGREEMENT FOR CABLE TELEVISION LABORATORIES, INC. IN THE CITY OF LOUISVILLE THIS AMENDED AND RESTATED AGREEMENT (“Agreement”) is made and entered into as of the _____ day of _________________, 2013, between the CITY OF LOUISVILLE, a Colorado home rule municipal corporation (the "City"), and CABLE TELEVISION LABORATORIES, INC. (“Company”), a Delaware nonprofit non-stock membership Corporation registered to do business in the State of Colorado. WHEREAS, an original Business Assistance Agreement was entered into between the Parties on September 17, 2013; and WHEREAS, the Parties desire to make changes to their original agreement and amend and restate their agreement in its entirety; and WHEREAS, the City wishes to provide certain assistance to Company in connection with the Company’s interest in either constructing a new 90,000 square feet building to own or lease within Louisville, or making major modifications to their existing facility at 858 Coal Creek Circle for the continuation of their Louisville operations (the “Project”); and WHEREAS, Company plans to continue into either the new or modified location in Louisville in 2014; and WHEREAS, Company’s plans will bring to the City new primary jobs and retain existing jobs that complement existing Louisville businesses; and WHEREAS, Company plans to contract for the construction of the new building or the completion of major modifications to their existing facility; and WHEREAS, Company will own or lease the Project for the continuation of their Louisville operations; and WHEREAS, City Council finds the execution of this Agreement will serve to provide benefit and advance the public interest and welfare of the City and its citizens by securing the location of this economic development project within the City. NOW THEREFORE, in consideration of the foregoing recitals and mutual promises set forth below, the City and Company agree as follows: 1. Building Permit Fee Rebates. The City shall rebate to Company 50% of the building related permit fees for the Project, required under Louisville Municipal Code, section 15.04.050 and section 108.2 of the International Building Code as adopted by the City. 1 73