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BUSINESS ASSISTANCE AGREEMENT FOR <br /> LINERATE SYSTEMS,INC.IN THE CITY OF LOUISVILLE <br /> THIS AGREEMENT("Agreement") is made and entered into as of the k day <br /> of - , 2012, between the CITY OF LOUISVILLE, a Colorado home rule <br /> municipal co oration (the "City"), and LINERATE SYSTEMS, INC., a Delaware <br /> Corporation. <br /> WHEREAS, the City wishes to provide certain assistance to LineRate Systems, <br /> Inc. in connection with the company's tenant finish of approximately 8,700 square feet of <br /> existing vacant space at 285 Century Place in Louisville(the project); and <br /> WHEREAS,LineRate Systems,Inc.plans to occupy the new facility during 2011; <br /> and <br /> WHEREAS, LineRate Systems, Inc. will bring new high-paying primary jobs to <br /> the City;and <br /> WHEREAS, City Council finds the execution of this Agreement will serve to <br /> provide benefit and advance the public interest and welfare of the City and its citizens by <br /> securing the location of this economic development project within the City. <br /> NOW THEREFORE, in consideration of the mutual promises set forth below, the <br /> City and LineRate Systems,Inc. agree as follows: <br /> 1. Building Permit Fee Rebates. The City shall rebate to LineRate Systems, Inc. <br /> 50% of the building related permit fees for the project, required under Louisville <br /> Municipal Code, section 15.04.050 and section 108.2 of the International Building Code <br /> as adopted by the City. <br /> 2. Use Tax Rebate-Construction. The City shall rebate to LineRate Systems, Inc. <br /> 50% of the Construction Use Tax on the building materials for the project, required under <br /> Louisville Municipal Code, section 3.20.300, excluding all revenues from the open space <br /> tax and historic preservation tax. <br /> 3. Sales/Use Tax Rebate-Tangible Goods. For the first five years of its operation <br /> in the City, the City shall rebate to LineRate Systems, Inc. 50% of the Use Tax (and in <br /> certain circumstances as described below, Sales Tax) paid by it and collected by the City <br /> on tangible goods purchased by LineRate Systems, Inc., limited to such taxes required to <br /> be paid under Louisville Municipal Code sections 3.20.200 and 3.20.300, and excluding <br /> all tax revenues from the open space tax and historic preservation tax. Sales Tax may be <br /> included in this rebate for purchases from vendors with nexus with the City, where the <br /> vendor remits Sales Tax to the City and where, absent such nexus, LineRate Systems, <br /> Inc. would have remitted Use Tax to the City. No rebate shall be issued for goods <br /> purchased prior to the effective date of LineRate System Inc.'s lease agreement for 285 <br /> Century Place. Further, for the purpose of this Agreement,tangible goods eligible for the <br /> rebate described herein shall mean only those durable goods purchased for use in <br /> LineRate Systems, Inc.'s business at 285 Century Place including, by way of example, <br /> computers, furniture, fixtures, appliances, and electronics. Non-durable goods including, <br /> 1 <br />