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BUSINESS ASSISTANCE AGREEMENT FOR <br />EMERGY, INC. IN THE CITY OF LOUISVILLE <br />THIS AGREEMENT ("Agreement") is made and entered into as of the <br />2nd day of Tune , 2020, between the CITY OF <br />LOUISVILLE, a Colorado home rule municipal corporation (the "City"), and <br />EMERGY, INC., a Delaware corporation, doing business as "Emergy Foods" (the <br />"Company"). <br />WHEREAS, the City wishes to provide certain business assistance in <br />connection with the Company's relocation and expansion (the "Project"), for <br />which Louisville, Colorado is being considered (the "Project Location"); and <br />WHEREAS, the Company is seeking approximately 40,000 square feet as <br />a build -to -suit development that will allow them to create manufacturing space for <br />their food brand; and <br />WHEREAS, the Company expects to employ over 85 employees within <br />the first five (5) years of operation; and <br />WHEREAS, the Company is considering a development in the Colorado <br />Technology Center and would also make substantial tenant improvements and <br />capital equipment purchases to establish their food manufacturing process; and <br />WHEREAS, the Company plans to make a decision on the selected <br />location in the third quarter of 2020 and to complete their expansion by the end of <br />2021; and <br />WHEREAS, the City Council finds the execution of this Agreement will <br />serve to provide benefit and advance the public interest and welfare of the City <br />and its citizens by securing this economic development project within the City. <br />NOW THEREFORE, in consideration of the mutual promises set forth <br />below, the City and Company agree as follows: <br />1. Building Permit Fee Rebates. The City shall rebate to the Company 50% <br />of the building related permit fees for the Project, required under Louisville <br />Municipal Code, section 15.04.050 and section 108.2 of the International <br />Building Code as adopted by the City, for the period from execution of this <br />Agreement and ending March 31, 2022. <br />2. Use Tax Rebate -Construction. The City shall rebate to the Company 50% <br />of the Construction Use Tax on the construction materials for the Project, <br />required under Louisville Municipal Code, section 3.20.300, excluding all <br />revenues from the Open Space Tax, Historic Preservation Tax, and <br />Page 1 of 6 <br />