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RESOLUTION NO. 42 SERIES 2020 A RESOLUTION APPROVING A BUSINESS ASSISTANCE AGREEMENT WITH EMERGY, INC. FOR AN ECONOMIC DEVELOPMENT PROJECT IN THE CITY OF LOUISVILLE WHEREAS, the successful attraction and retention of 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 create and retain high - quality jobs and remain competitive with other local governments in creating assistance for occupancy of vacant commercial space in the City; and WHEREAS, Emergy, Inc. is seeking to expand its current operations to grow its food manufacturing business focused on sustainable, alternative protein products and is considering Louisville's Colorado Technology Center as a potential location; and WHEREAS, the Business Assistance Agreement between the City and Emergy, Inc. is attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, pursuant 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 Business Assistance Agreement; and WHEREAS, the City Council finds that the proposed 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 Business Assistance Agreement between the City of Louisville and Emergy, Inc. (the "Agreement") is hereby approved in essentially the same form as the copy of such Agreement accompanying this Resolution. 2. The Mayor is hereby authorized to execute the Agreement 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 Agreement as the Mayor determines are necessary or desirable for the protection of the City, so long as the essential terms and conditions of the Agreement 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 Agreement, including but not limited to Resolution No. 42, Series 2020 Page 1 of 3