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BUSINESS ASSISTANCE AGREEMENT FOR FRESCA FOODS, INC. IN THE <br />CITY OF LOUISVILLE <br />THIS AGREE ENT ("Agreement") is made and entered into as of the <br />!71.11 day of ci , 2019, between the CITY OF <br />LOUISVILLE, a Colorado home rule municipal corporation (the "City"), and <br />FRESCA FOODS, INC. (the "Company"), a Colorado corporation. <br />WHEREAS, the City wishes to provide certain business assistance in <br />connection with tenant improvements associated with new production lines for the <br />Company's operations (the "Project") at 1775 Cherry Street, Louisville, Colorado <br />(the "Project Location"); and <br />WHEREAS, the Company will be retaining jobs and employment <br />opportunity, including those that represent job diversity in a growing industry; and <br />WHEREAS, is renovating existing space to take on a new manufacturing <br />project that will keep all Company facilities in the City of Louisville; and <br />WHEREAS, the 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 this economic development project within the City. <br />NOW THEREFORE, in consideration of the mutual promises set forth <br />below, the City and Company agree as follows: <br />1. Building Permit Fee Rebates. The City shall rebate to Company 50% of the <br />building related permit fees for the Project, required under Louisville <br />Municipal Code, section 15.04.050 and section 108.2 of the International <br />Building Code as adopted by the City for the Project, for the period from <br />execution of this Agreement and ending March 31, 2020. <br />2. Use Tax Rebate -Construction. The City shall rebate to Company 50% of <br />the Construction Use Tax on the building materials for the Project, required <br />under Louisville Municipal Code, section 3.20.300, excluding all revenues <br />from the Open Space Tax, Historic Preservation Tax, and Recreation <br />Center Tax for the Project, for the period from execution of this Agreement <br />and ending March 31, 2020. <br />3. Payment of Rebates; Cap; Inspection. The maximum amount of the rebates <br />payable pursuant to Sections 1 and 2 above shall in no event exceed the <br />calculation of 50% of the fees or taxes described in Sections 1 and 2 paid <br />to the City, and a not to exceed cap of twenty-five hundred dollars ($2,500). <br />The building related permit fee and construction use tax rebates shall be <br />paid by the City within 120 days following issuance of the certificate of <br />Page 1 of 5 <br />