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BUSINESS ASSISTANCE AGREEMENT FOR <br /> MAIN STREET DRINK AND DINE LLC IN THE CITY OF LOUISVILLE <br /> THIS AGREEMENT "Agreement is made and entered into as of the <br /> 20th day of April, 2010, between the CITY OF LOUISVILLE, a Colorado home <br /> rule municipal corporation (the "City and Main Street Drink and Dine LLC, a <br /> Colorado limited liability company. <br /> WHEREAS, the City wishes to provide certain business assistance in <br /> connection with Main Street Drink and Dine LLC's reinvestment in and leasing of <br /> approximately 1,600 square feet of a 3,314 square foot building for a Latin "taco <br /> lounge" restaurant in Downtown Louisville, at 701 Main Street, Louisville (the <br /> project); and <br /> WHEREAS, Main Street Drink and Dine LLC plans to improve the exterior <br /> facade and interior finish of 701 Main Street by third quarter 2010; and <br /> WHEREAS, Main Street Drink and Dine LLC pla ns for the <br /> project new sales tax revenue by the attraction, opening and operation of a full <br /> service Italian restaurant in the City; and <br /> WHEREAS, 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 the location of this economic development project within the <br /> City. <br /> NOW THEREFORE, in consideration of the mutual promises set forth <br /> below, the City and Boulder Restaurant Group agree as follows: <br /> 1. Sales Tax Rebates. The City shall rebate to Main Street Drink and <br /> Dine LLC, 40% of the incremental sales tax revenues derived from the imposition <br /> of the City's 3.0% general sales tax (excluding the City's three eights percent <br /> Open Space Tax and the one eighth percent (1/8 Historic Preservation <br /> Tax) that is actually collected by the City and attributable to retail sales occurring <br /> at the project location of 701 Main Street and generated by a Latin "taco lounge" <br /> for the first four years of its operation. The four -year rebate period shall <br /> commence upon and run continuously from the date of issuance of the certificate <br /> of occupancy and /or passage of the final building inspection for Main Street Drink <br /> and Dine LLC. Rebates shall not exceed $75,000 or four years of operation, <br /> whichever comes first. <br /> 2. Payment of Rebates. The sales tax rebates shall be paid by the City <br /> in annual installments and shall be made on or before January 31st. No interest <br /> shall be paid on amounts subject to rebate. <br />