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Resolution No. 35, Series 2020 <br />Page 1 of 2 <br />RESOLUTION NO. 35 <br />SERIES 2020 <br />A RESOLUTION APPROVING A FIRST AMENDMENT TO BUSINESS <br />ASSISTANCE AGREEMENT WITH FRESCA FOODS, INC. FOR AN <br />ECONOMIC DEVELOPMENT PROJECT IN THE CITY OF LOUISVILLE <br />WHEREAS, the successful attraction and retention of quality development to the <br />City of Louisville provides employment opportunities and increased revenue for citizen <br />services and is therefore an important public purpose; and <br />WHEREAS, it is important for the City of Louisville to create and retain high- <br />quality jobs and remain competitive with other local governments in creating assistance for <br />occupancy of commercial space in the City; and <br />WHEREAS, Fresca Foods, Inc. plans to commission new production lines at its <br />1775 Cherry Street location; and <br />WHEREAS, by Resolution No. 57, Series 2019, the City Council approved a <br />Business Assistance Agreement between the City and Fresca Foods, Inc.; and <br />WHEREAS, due to construction delays, the project contemplated in the agreement <br />was not completed by the required deadline; <br />WHEREAS, the City Council finds good cause for an extension of the deadline for <br />completion of the project and the rebates provided by the Agreement as set forth in the <br />proposed First Amendment to Business Assistance Agreement, a copy of which <br />accompanies this Resolution, and desires to approve the First Amendment and authorize <br />its execution and implementation. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br />CITY OF LOUISVILLE, COLORADO THAT: <br />1. The proposed First Amendment to Business Assistance Agreement between <br />the City of Louisville and Fresca Foods, Inc. (the “First Amendment”) is hereby approved in <br />essentially the same form as the copy of such Agreement accompanying this Resolution. <br />2. The Mayor is hereby authorized to execute the First Amendment on behalf of <br />the City, and the Mayor is hereby further authorized to negotiate and approve such revisions <br />to said First Amendment as the Mayor determines are necessary or desirable for the protection <br />of the City, so long as the essential terms and conditions of the First Amendment are not <br />altered. <br />PASSED AND ADOPTED this 19th day of May, 2020.