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Resolution 2020-42
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Resolution 2020-42
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Last modified
5/7/2024 3:12:03 PM
Creation date
6/15/2020 8:55:12 AM
Metadata
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Template:
City Council Records
Also Known As (aka)
BAP Emergy Inc
Meeting Date
6/2/2020
Doc Type
Resolution
Ord/Res - Year
2020
Ord/Res - Number
42
Original Hardcopy Storage
9C5
Record Series Code
45.160
Record Series Name
Resolutions
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Recreation Center Tax for the Project, for the period from execution of this <br />Agreement and ending March 31, 2022. <br />3. Use Tax Rebate — Tangible Goods. For tangible good purchases related <br />to equipment and build -out of the equipment for food processing and <br />manufacturing that are made by Company between January 1, 2021 and <br />December 31, 2022 and to the extent that such purchases are for the <br />Company's expansion of operations and used in Louisville, the City shall <br />rebate to Company 40% of the Use Tax paid and collected on tangible <br />goods purchased as required under Louisville Municipal Code, section <br />3.20.300, excluding all tax revenues from the Open Space Tax, Historic <br />Preservation Tax, and Recreation Center Tax. No rebate shall be issued <br />for goods purchased prior to January 1, 2021. Only those tangible goods <br />purchased by Company for Company's expansion of operations and use <br />at the food manufacturing facility at the Company location in the City of <br />Louisville shall qualify for rebate consideration. <br />4. Payment of Rebates; Cap; Inspection. The maximum amount of the <br />rebates payable pursuant to Sections 1 and 2 above shall in no event <br />exceed the calculation of 50% of the fees or taxes described in Sections 1 <br />and 2 paid to the City and a not to exceed cap of forty-six thousand dollars <br />($46,000). The maximum amount of the rebates payable pursuant to <br />Section 3 above shall in no event exceed the calculation of 40% of the <br />taxes described in Section 3 above; provided, further that the total <br />maximum amount of rebates payable pursuant to Section 3 shall in no <br />event exceed one hundred and eighty-one thousand dollars ($181,000). <br />Use Tax rebates pursuant to Section 3 shall terminate when the Company <br />has received from the City the last rebate payment under this Agreement <br />for the two-year rebate period or when the Company has received <br />$181,000 in rebate payments, whichever first occurs. The building permit <br />fee and construction use tax rebates in Sections 1 and 2 pertaining to <br />each phase of the Project shall be paid by the City to Company within 120 <br />days following issuance of the certificate of occupancy or final inspection <br />for the applicable portion of the Project work, as reasonably determined by <br />the City, subject to Sections 5 and 6 below. The Use Tax rebate provided <br />for in Section 3 above shall be paid by the City to Company in annual <br />installments, on or before February 28 of the following year. At the end of <br />each month, on or before the 20t" of the following month, the Company <br />shall be responsible to remit to the City its total monthly Sales/Use Tax <br />payment on the appropriate Sales/Use Tax return form. All rebate <br />payments will be remitted by the City to the Company at the address set <br />forth in Section 8. <br />5. No Interest; Inspection and Disclosure of Records. No interest shall be <br />paid on any amounts subject to rebate under this Agreement. Each party <br />and its agents shall have the right to inspect and audit the applicable <br />records of the other party to verify the amount of any payment under this <br />Page 2 of 6 <br />
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