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Resolution 2025-57
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Resolution 2025-57
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Last modified
9/19/2025 3:34:33 PM
Creation date
8/20/2025 9:06:02 AM
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City Council Records
Also Known As (aka)
APPROVING A BUSINESS ASSISTANCE AGREEMENT WITH SWINGWELL GOLF LLC FOR AN ECONOMIC DEVELOPMENT PROJECT IN THE CITY OF LOUISVILLE
Meeting Date
8/19/2025
Doc Type
Resolution
Signed Date
8/19/2025
Ord/Res - Year
2025
Ord/Res - Number
57
Supplemental fields
Parties Involved
Swingwell Golf LLC
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phase of the Project shall be paid by the City to Company within 120 days <br />following issuance of the certificate of occupancy or final inspection for the <br />applicable portion of the Project work, as reasonably determined by the City, <br />subject to Sections 6, 7 and 8 below. The Sales Tax rebate provided for in <br />Section 4 above shall be paid by the City to Company in annual <br />installments, on or before March 31 of the following year, subject to Sections <br />6, 7 and 8 below. All rebate payments will be remitted by the City to the <br />Company at the address set forth in Section 9. At the end of each month, <br />on or before the 20th of the following month, the Company shall submit the <br />appropriate Sales/Use Tax return form and remit to the City its total monthly <br />Sales/Use Tax payment due for the previous month. <br />6. No Interest; Inspection and Disclosure of Records. No interest shall be paid <br />on any amounts subject to rebate under this Agreement. Each party and its <br />agents shall have the right to inspect and audit the applicable records of the <br />other party, on reasonable notice during normal business hours, to verify <br />the amount of any payment under this Agreement, and each party shall <br />cooperate and take such actions as may be necessary to allow such <br />inspections and audits. The Company acknowledges that implementation <br />of this Agreement requires calculations based on the amount of taxes <br />collected and paid by the Company with respect to the term of this <br />Agreement and issuance of rebate payment checks in amounts determined <br />pursuant to this Agreement, and that the amounts of the rebate payment <br />checks will be public information. The Company, for itself, its successors, <br />assigns, and affiliated entities, hereby releases and agrees to hold harmless <br />the City and its officers and employees from any and all liability, claims, <br />demands, and expenses in any manner connected with any dissemination <br />of information necessary for or generated in connection with the <br />implementation of rebate provisions of this Agreement. <br />7. Use of Funds; Future Fees. Funds rebated to the Company pursuant to this <br />Agreement shall be used by the Company solely for obligations and/or <br />improvements permitted under Louisville Municipal Code section 3.24.060 <br />(as enacted by Ordinance No. 1507, Series 2007), which includes, but is <br />not limited to, creation of new tax revenue and new jobs in the City. The <br />Building Permit Fee, Sign Permit Fee and Construction Use Tax rebates <br />provided for under this Agreement are solely for construction activities and <br />purchases for this Project during the periods stated in Sections 1-3, above. <br />Any previous or subsequent purchases and construction activities shall be <br />subject to payment without rebate of all applicable building permit fees, sign <br />permit fees and construction use taxes. <br />8. Effect of Change in Tax Rate. Any increase or decrease in the City General <br />Sales, Construction Use, or Use Tax- Tangible Goods rate above or below <br />the applicable tax rate on the date of execution of this Agreement shall not <br />affect the rebate payments to be made pursuant to this Agreement; rather, <br />the amount of the rebate payments will continue to be based upon the <br />General Sales, Construction Use, or Consumer Use Tax rates applicable <br />3 <br />
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