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BUSINESS ASSISTANCE AGREEMENT FOR <br />EARTHHERO LLC IN THE CITY OF LOUISVILLE <br />THIS AGREEMENT ("Agreement") is made and entered into as of the <br />16t" day of March , 2021, between the CITY OF <br />LOUISVILLE, a Colorado home rule municipal corporation (the "City"), and <br />EARTHHERO LLC (the "Company"), a Colorado limited liability company. <br />WHEREAS, the City wishes to provide certain business assistance in <br />connection with the Company's desire to relocate to a new space in the Colorado <br />Technology Center (the "Project"); and <br />WHEREAS, the Company will occupy 15,302 square feet of vacant <br />commercial space at 740 S. Pierce Avenue, Suite 5 (the "Project Location") <br />because it has outgrown its current location in Boulder; and <br />WHEREAS, the Company will create new employment opportunities in a <br />sustainability related industry as well as create new sales tax revenue for the City; <br />and <br />WHEREAS, the City Council finds the execution of this Agreement will serve <br />to provide benefit and advance the public interest and welfare of the City and its <br />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 September 30, 2021. <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 />Recreation Center Tax for the Project, for the period from execution of this <br />Agreement and ending September 30, 2021. <br />3. Sales Tax Rebates. The City shall rebate to the Company 40% of the sales <br />tax revenues derived from the imposition of the City's 3.0% general sales <br />tax (excluding the City's .375% Open Space Tax, the .125% Historic <br />Preservation Tax, the. 15% Recreation center Tax and any new sales taxes) <br />that is actually collected by the City and attributable solely to new retail sales <br />generated by operation of the Project and occurring at the Project location, <br />Page 1 of 6 <br />