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City Council <br />Meeting Minutes <br />January 2, 2024 <br />Page 3 of 8 <br />RESOLUTION NO. 2, SERIES 2024 — A RESOLUTION APPROVING A SECOND <br />AMENDMENT TO THE SALES TAX REVENUE SHARING INTERGOVERNMENTAL <br />AGREEMENT WITH THE TOWN OF SUPERIOR REGARDING A TEMPORARY <br />WAIVER OF TAX REVENUES DUE TO THE CITY FOR PURPOSES OF PROVIDING <br />A BUSINESS INCENTIVE <br />Mayor Leh introduced the item. <br />Austin Brown, Interim Economic Vitality Manager, stated the City of Louisville and the <br />Town of Superior have a sales tax revenue sharing Intergovernmental Agreement (IGA) <br />for what is known as the South Property, an area that previously had been in the City of <br />Louisville. The IGA provides that Superior will share with Louisville 50% of the sales tax <br />revenue collected in the area (based on a 2.7% sales tax rate). <br />Bigsby's Folly Winery & Restaurant intends to purchase Block 4 in Downtown Superior <br />and construct a 7,500 square foot event -based restaurant concept. Bigsby's Folly is a <br />family -owned business that has operated successfully in Denver's River North Art <br />District since 2017. The proposed expansion to Superior includes a total capital <br />investment of $6.7M. It's anticipated that the business will create 45 new jobs with an <br />average pay of $30-$65+ per hour. <br />Block 4 is within the IGA area, meaning Louisville and Superior would receive sales tax <br />revenues of 1.35% from the new business. In June 2023, Superior entered into an <br />incentive agreement with Bigsby's Folly, which will provide a rebate of the Town's <br />1.35% portion of Sales Tax Revenues collected from the company for the first ten years <br />of operation following the certificate of occupancy, not to exceed $1,000,000. <br />Superior has requested Louisville support new development in the revenue sharing area <br />by providing a rebate of up to 100% of the City's 1.35% sales tax rate, similar to <br />Louisville's existing Business Assistance Program (BAP). Per Council direction, staff is <br />proposing a 50% rebate of the City's 1.35% sales tax rate. This is consistent with the <br />50% rebate that the City typically offers through its BAP. <br />Under the proposed amendment, the City would temporarily waive 50% of the 1.35% <br />sales tax revenues that it would normally collect. The temporary waiver would be in <br />effect until the City has waived $500,000 in tax revenues; 10 years from the <br />commencement date; or the total sum of rebates received by the company (from both <br />Louisville and Superior) reaches $1,000,000, whichever occurs first. The amendment <br />requires that all revenues must be used by Superior to provide rebates to the Company <br />as dictated by its Incentive Agreement. Additionally, the amendment stipulates the <br />project must be completed by December 31, 2026. If the project has not been <br />completed by this date, the agreement becomes void. <br />The subject parcel is currently vacant and not generating sales tax revenue. Based on <br />estimates provided by the company, Bigsby's Folly projects $20,333,333.333 in total <br />