Ordinance 2023-1865 - Laserfiche WebLink

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G. A provision that, in the event the applicant, and/or its successors and assigns. ceases business operations in the city within ten (10) years after the certificate of occupancy has been re- ceived for the business Location, the applicant. or its permitted suc- cessors and assigns. stall pay t0 the city ten percent (10%) of the enhanced sales taxes or tees rebated by the city under the BAP agreement for each full year that the applicant, and/or its susses- tors and assigns, cease operations at the business location. H. G. A provision that any enhanced sales taxes or fees sub- ject to sharing shall be escrowed in the event there Is a legal chal- lenge to the I3AP or the approval of any application therefor; I. H. An affirmative statement that the obligations, benefits and provisions of the agreement may not be assigned in whole or in any part without the expressed written authorization of the city council, and further that no third party shall be entitled to rely upon or enforce any provision of the agreement: 1.1. A statement that the agreement shall be subject to the an- nual appropriation of sufficient Funds for payments as provided in this chapter, pursuant to Section 20. Article X of the Colorado Con- stitution: K. J. A statement that the applicant shall have no right claim. Ben or priority In or to the city's salts or use tax revenue superior to or on parity with the rights, claims or liens of the horlders as any q sales or uSe tax revenue bonds, notes. certificates debentures payable from or secured by any sales or use taxes. existingor here- after issued by the city; and that all rights of the successful appli- cant are. and at all times shalt be, subordinate and inferior to the rights claims and liens of the holders of any and all such existingor hereafter issued sales and use tax revenue bonds, notes, certifi- cates or debentures, payable from or secured by any sales or use taxes issued by the city; and L K. Any other provisions agreed upon by the parties and ap- proved by the city council. Section 3. If any portion of this ordinance is held to be invalid for any reason. such decision shall not affect the validity of the remain- ing portions of this ordinance. The City Council hereby declares it would have passed and approved this ordinance and each part hereof hrespettive of the fact that any one part be declared invalid. Section 4. The repeal or modification of any provision of the Municipal Code of the City of Louisville by this ordinance Shall not release, extinguish, alter. modify, or change In whole or in part any penalty. forfture, or liability. either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and pros- ecutions for the enforcement of the penalty, forfeiture. or Liability, as well as for the purpose of sustaining any judgment,decree. or order which can or may be rendered, entered, or made in such ac- tions. suits, proceedings. or prosecutions. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby re- pealed to the extent of such inconsistency or conflict INTRODUCED. READ. PASSED ON FIRST READING, AND 014• DERED PUBLISHED this day of , 2023. Dennis Maloney, MaYor ATTEST: Meredyth Muth. City Clerk APPROVED AS TO FORM: Kelly PC City Attorney PASSED AND ADOPTED ON SECOND AND FINAL READING. this day of .2023. Dennis Maloney, Mayor ATTEST: Meredyth Muth, City Clerk Published: Boulder Daily Camera Octeber 12, 2023.2009345 •