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FIRST AMENDMENT TO BUSINESS ASSISTANCE AGREEMENT <br />FOR EARTHHERO LLC IN THE CITY OF LOUISVILLE <br />THIS FIRST AMENDMENT TO BUSINESS ASSISTANCE AGREEMENT <br />("First Amendment") is made and entered into as of the 21 st day of <br />September , 2021, between the CITY OF LOUISVILLE, a <br />Colorado home rule municipal corporation (the "City"), and EARTHHERO LLC (the <br />"Company"), a Colorado limited liability company. <br />WHEREAS, by Resolution No. 19, Series 2021, the City Council approved <br />a Business Assistance Agreement for EarthHero LLC (the "Original Agreement") <br />to provide certain business assistance in connection with the Company's desire to <br />relocate to a new space in the Colorado Technology Center (the "Project") at 740 <br />S. Pierce Avenue, Suite 5, Louisville, Colorado (the "Project Location"); 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 Company's planned lease signing and opening schedule <br />has been delayed and the Company is currently in the process of obtaining <br />required permits. The Company now anticipates completing their project by the <br />end of 2022 instead of no later than September 30, 2021; and <br />WHEREAS, the City Council finds the execution of this First Amendment to <br />extend the completion date and the period for permit fee and use tax rebates 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 />Section 1. Section 1 of the Agreement is hereby revised to read as follows <br />(words to be deleted stricken; words to be added underlined): <br />1. Building Permit Fee Rebates. The City shall rebate to the <br />Company 50% of the building permit related fees for the <br />Project, required under Louisville Municipal Code, section <br />15.04.050 and section 108.2 of the International Building <br />Code as adopted by the City, for the period from execution of <br />this Agreement and ending September 30,2021, March 31, <br />2022. <br />Page 1 of 2 <br />