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RESOLUTION NO. 49 SERIES 2014 A RESOLUTION APPROVING A 1sT AMENDMENT TO THE BUSINESS ASSISTANCE AGREEMENT WITH ETKIN JOHNSON GROUP FOR THE CONSTRUCTION OF A BUILDING IN THE COLORADO TECHNOLOGY CENTER IN THE CITY OF LOUISVILLE WHEREAS, the successful attraction and retention of high quality development to the City of Louisville provides employment opportunities and increased revenue for citizen services and is therefore an important public purpose; and WHEREAS, it is important for the City of Louisville to attract high - quality jobs and remain competitive with other local governments in creating assistance for occupancy of newly constructed space in the City; and WHEREAS, The Etkin Johnson Group plans to build an industrial building totaling approximately 59,000 square feet in size at 1960 Cherry Street in Louisville; and WHEREAS, on February 21, 2012, a Business Assistance Agreement between the City and Etkin Johnson Group was approved; and WHEREAS, pursuant to the Constitution of the State of Colorado, and the Home Rule Charter and ordinances of the City of Louisville, the City has authority to enter into the proposed 1st Amendment to the Business Assistance Agreement; WHEREAS, the City Council finds that the proposed amendment to the Business Assistance Agreement is consistent with and in furtherance of the business assistance policies of the City, and desires to approve the Agreement and authorize its execution and implementation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO THAT: 1. The proposed 1st Amendment to the Business Assistance Agreement between the City of Louisville and Etkin Johnson Group (the "Amendment ") is hereby approved in essentially the same form as the copy of such Amendment accompanying this Resolution. 2. The Mayor is hereby authorized to execute the Amendment on behalf of the City Council of the City of Louisville, except that the Mayor is hereby granted the authority to negotiate and approve such revisions to said Amendment as the Mayor determines are necessary or desirable for the protection of the City, so long as the essential terms and conditions of the Amendment are not altered. 3. City staff is hereby authorized to do all things necessary on behalf of the City to perform the obligations of the City under the Amendment, including but not limited to Resolution No. 49, Series 2014 Page 1 of 3