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Broomfield, CO 80021 <br />720-260-9500 <br />ted@doubledspizza.com <br />If to City: <br />Louisville City Hall <br />Attn: Economic Vitality <br />749 Main Street <br />Louisville, CO 80027 <br />303.335.4531 <br />mpierce@louisvilleco.gov <br />7. Termination. This Agreement shall terminate and become void and of no <br />force or effect upon the City if, by April 30, 2022, the Company has not <br />completed the Project as described in the Company's application for <br />business assistance (as evidenced by a successful final inspection for the <br />Project); or should fail to comply with any City code. <br />8. Business Termination. In the event the Company, and/or its successors <br />and assigns, ceases business operations within the City within seven (7) <br />years after the Commencement Date, the Company shall pay to the City ten <br />percent (10%) of the total funds provided to the Company pursuant to this <br />Agreement for each full year that the Company, and/or its successors and <br />assigns, cease operations at the Project Location. <br />9. Subordination. The City's obligations pursuant to this Agreement are <br />subordinate to the City's obligations for the repayment of any current or <br />future bonded indebtedness and are contingent upon the existence of a <br />surplus in sales and use tax revenues in excess of the sales and use tax <br />revenues necessary to meet such existing or future bond indebtedness. <br />The City shall meet its obligations under this Agreement only after the City <br />has satisfied all other obligations with respect to the use of sales tax <br />revenues for bond repayment purposes. For the purposes of this <br />Agreement, the terms "bonded indebtedness," "bonds," and similar terms <br />describing the possible forms of indebtedness include all forms of <br />indebtedness that may be incurred by the City, including, but not limited to, <br />general obligation bonds, revenue bonds, revenue anticipation notes, tax <br />increment notes, tax increment bonds, and all other forms of contractual <br />indebtedness of whatsoever nature that is in any way secured or <br />collateralized by sales and use tax revenues of the City. <br />10.Annual Appropriation. Nothing in this Agreement shall be deemed or <br />construed as creating a multiple fiscal year obligation on the part of the City <br />within the meaning of Colorado Constitution Article X, Section 20 or any <br />other constitutional or statutory provision, and the City's obligations <br />hereunder are expressly conditional upon annual appropriation by the City <br />Council, in its sole discretion. Company understands and agrees that any <br />Page 3 of 5 <br />