Resolution 2024-02 - Laserfiche WebLink

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affect the amount of Tax Revenues subject to the Temporary Waiver, which will continue to be based upon the 2.7% sales tax rate applicable to the Project Location on the Effective Date. 4. Entire Agreement. This Second Amendment shall constitute the entire agreement between the City and Superior and supersedes any prior agreements between the Parties and their agents or representatives, all of which are merged into and revoked by this Second Amendment, with respect to its subject matter. 5. Contact Information. Contact information for the Parties is as follows: If to Superior: Town of Superior 124 E. Coal Creek Drive Superior, CO 80027 If to Louisville: Louisville City Hall Attn: Economic Vitality 749 Main Street Louisville, CO 80027 6. Termination. Notwithstanding anything herein to the contrary, this Second Amendment shall terminate and become void and of no force or effect if, by December 31, 2026, the Company has not completed the Project (as evidenced by a successful final inspection and Superior's issuance of certificate of occupancy for the Project) and commenced retail sales to the public at the Project Location. 7. Reimbursement. In the event the Company is required under the Incentive Agreement to reimburse Superior for any reason (e.g., Company's, and/or its successors' or assigns', failure to operate the business for the requisite ten (10) year period), and subject to Section 9 hereof, Superior shall pay to the City one third of the total funds reimbursed to Superior by the Company. Superior shall use all commercially reasonable remedies available to Superior to enforce any reimbursement rights it may have against Company under the Incentive Agreement, at law, and in equity. 8. Annual Appropriation. Nothing in this Second Amendment shall be deemed or construed as creating a multiple fiscal year obligation on the part of the City or Superior within the meaning of Colorado Constitution Article X, Section 20 or any other constitutional or statutory provision, and the Parties' obligations hereunder are expressly conditional upon annual appropriation by the City Council and Superior Board of Trustees, in their sole discretion.