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RESOLUTION NO.2 <br />SERIES 2021 <br />A RESOLUTION APPROVING A FIRST AMENDMENT TO BUSINESS <br />ASSISTANCE AGREEMENT WITH EMERGY INC. FOR AN ECONOMIC <br />DEVELOPMENT PROJECT IN THE CITY OF LOUISVILLE <br />WHEREAS, the successful attraction and retention of quality development to the <br />City of Louisville provides employment opportunities and increased revenue for citizen <br />services and is therefore an important public purpose; and <br />WHEREAS, it is important for the City of Louisville to create and retain high - <br />quality jobs and remain competitive with other local governments in creating assistance for <br />occupancy of commercial space in the City; and <br />WHEREAS, Emergy Inc. is considering locating its manufacturing for alternative <br />protein products in Louisville; and <br />WHEREAS, by Resolution No. 42, Series 2020, the City Council approved a <br />Business Assistance Agreement between the City and Emergy Inc. (the "Agreement"); and <br />WHEREAS, due to a change in building plans as well as a much larger expansion <br />projected within the City, Emergy Inc. has requested the Agreement be amended as set <br />forth in the First Amendment to Business Assistance Agreement, a copy of which is <br />attached hereto as Exhibit A; and <br />WHEREAS, the City Council finds that the proposed First Amendment to <br />Business Assistance Agreement is consistent with and in furtherance of the business <br />assistance policies of the City, and desires to approve the Agreement and authorize its <br />execution and implementation. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br />CITY OF LOUISVILLE, COLORADO THAT: <br />1. The proposed First Amendment to Business Assistance Agreement between <br />the City of Louisville and Emergy Inc. (the "First Amendment") is hereby approved in <br />essentially the same form as the copy accompanying this Resolution. <br />2. The Mayor is hereby authorized to execute the First Amendment on behalf of <br />the City Council of the City of Louisville, except that the Mayor is hereby granted the <br />authority to negotiate and approve such revisions to said First Amendment as the Mayor <br />determines are necessary or desirable for the protection of the City, so long as the essential <br />terms and conditions of the First Amendment are not altered. <br />3. City staff is hereby authorized to do all things necessary on behalf of the City <br />to perform the obligations of the City under the Agreement, as amended by the First <br />Resolution No. 2, Series 2021 <br />Page 1 of 3 <br />