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<br />BUSINESS ASSISTANCE AGREEMENT FOR <br />INTERTEK IN THE CITY OF LOUISVILLE <br /> <br />THIS AGREEMENT ("Agreement") is made and entered into as of the <br />day of , 2009, between the CITY OF LOUISVILLE, a Colorado home <br />rule municipal corporation (the "City"), and INTERTEK, a Colorado corporation. <br /> <br />WHEREAS, the City wishes to provide certain assistance to Intertek in <br />connection with the company's tenant finish of approximately 30,000 square feet of <br />newly constructed space at 195 CTC Boulevard in Colorado Tech Center in Louisville <br />(the project); and <br /> <br />WHEREAS, Intertek plans to open in the new facility by first quarter 2010; and <br /> <br />WHEREAS, Intertek pllans to provide additional primary job creation within the <br />City; and <br /> <br />WHEREAS, City Council finds the execution of this Agreement will serve to <br />provide benefit and advance the public interest and welfare of the City and its citizens by <br />securing the location of this economic development project within the City. <br /> <br />NOW THEREFORE, in consideration of the mutual promises set forth below, the <br />City and Intertek agree as follows: <br /> <br />1. Building Permit Fee Rebates. The City shall rebate to Intertek 50% of the <br />building related permit fees for the project, required under Louisville Municipal Code, <br />section 15.04.050 and section 108.2 of the International Building Code as adopted by the <br />City. <br /> <br />2. Use Tax Rebate-Construction. The City shall rebate to Intertek 50% of the <br />Construction Use Tax on the building materials for the project, required under Louisville <br />Municipal Code, section 3.20.300, excluding all revenues from the open space tax. <br /> <br />3. Payment of Rebates Cap. The maximum amount of the rebates payable <br />pursuant to 1 and 2 above shall in no event exceed $14,950.00. The rebates shall be paid <br />by the City within 120 days following issuance of the Certificate of Occupancy for the <br />project, subject to 4, below. Payment will be submitted to Intertek's designated financial <br />institution. No interest shall be paid on amounts subject to rebate. <br /> <br />4. Use of Funds. Funds rebated pursuant to this Agreement shall be used by <br />Intertek solely for obligations and/or improvements permitted under Louisville Municipal <br />Code section 3.24.060 (as enacted by Ordinance No. 1507, Series 2007), which may <br />include tenant improvements for occupancy of vacant space or the expansion or creation <br />of jobs within the City. The eligible obligations and/or improvements to 195 CTC <br />Boulevard shall be fully satisfied and/or completed prior to payment to Intertek of any <br />rebate pursuant to this Agreement. <br />