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BUSINESS .ASSISTANCE AGREEMENT FOR <br /> NATIONAL ENTERTAINMENT NETWORK IN THE CITY OF LOUISVILLE <br /> THIS AGREEMENT "Agreement is made and entered into as of the 15th day <br /> of February, 2011, between the CITY OF LOUISVILLE, a Colorado home rule <br /> municipal corporation (the "City and NATIONAL ENTERTAINMENT NETWORK, <br /> INC., a Delaware C Corporation. <br /> WHEREAS, the City wishes to provide certain assistance to National <br /> Entertainment Network in connection with the company's tenant finish of approximately <br /> 27,000 square feet of existing vacant space at 331 S. 104 Street in Louisville (the <br /> project); and <br /> WHEREAS, National Entertainment Network plans to occupy the new facility <br /> during 2011; and <br /> WHEREAS, National Entertainment Network currently occupies space within the <br /> Colorado Technology Center and, with this move, would retain primary jobs within the <br /> City; and <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 /> NOW THEREFORE, in consideration of the mutual promises set forth below, the <br /> City and National Entertainment Network agree as follows: <br /> 1. Building Permit Fee Rebates. The City shall rebate to National Entertainment <br /> Network 50% of the building related permit fees for the project, required under Louisville <br /> Municipal Code, section 15.04.050 and section 108.2 of the International Building Code <br /> as adopted by the City. <br /> 2. Use Tax Rebate Construction. The City shall rebate to National <br /> Entertainment Network 50% of the Construction Use Tax on the building materials for <br /> the project, required under Louisville Municipal Code, section 3.20.300, excluding all <br /> revenues from the open space tax. <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 the calculation of 50% of the fees <br /> paid. The rebates shall be paid by the City within 120 days following issuance of the <br /> Certificate of Occupancy for the project, subject to 4, below. The rebates shall be paid by <br /> the City within 120 days following issuance of the Certificate of Occupancy for the <br /> project, subject to 5, below. Payment will be submitted to National Entertainment <br /> Network at 331 S. 104 Street. No interest shall be paid on amounts subject to rebate. <br /> 4. Use of Funds. Funds rebated pursuant to this Agreement shall be used by <br /> National Entertainment Network solely for obligations and/or improvements permitted <br /> under Louisville Municipal Code section 3.24.060 (as enacted by Ordinance No. 1507, <br /> 1 <br />