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BUSINESS ASSISTANCE AGREEMENT FOR <br />SEAKR ENGINEERING, INC. IN THE CITY OF LOUISVILLE <br />THIS AGREEMENT ( "Agreement ") is made and entered into as of the 7th day of <br />August, 2012, between the CITY OF LOUISVILLE, a Colorado home rule municipal <br />corporation (the "City "), and SEAKR ENGINEERING, INC. (the "Company "), a <br />Colorado C Corporation. <br />WHEREAS, the City wishes to provide certain assistance to Company in <br />connection with the company's expansion in the Denver Metro Area at 1795 Dogwood <br />Street in the Colorado Technology Center in Louisville (the Project); and <br />WHEREAS, Company plans to occupy the Project in the third quarter of 2012; <br />and <br />WHEREAS, Company will create new primary jobs paying more than the average <br />wage in Boulder County within 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 Company agree as follows: <br />1. Building Permit Fee Rebates. The City shall rebate to Company 50% of the <br />City's building related permit fees for the project, required under Louisville Municipal <br />Code, section 15.04.050 and section 108.2 of the International Building Code as adopted <br />by the City. Any building permits are eligible for this rebate if the permit is issued within <br />36 months of the date of this agreement. <br />2. Use Tax Rebate - Construction. The City shall rebate to Company 50% of the <br />Construction Use Tax on the building materials for the project, required under Louisville <br />Municipal Code, section 3.20.300, excluding all revenues from the open space tax and <br />historic preservation tax. Construction Use Tax paid on eligible purchases made within <br />36 months of this agreement is eligible for the rebate. <br />3. Sales/Use Tax Rebate - Tangible Goods. For 36 months after the date of this <br />agreement, the City shall rebate to Company, 50% of the Use Tax (and in certain <br />circumstances as described below, Sales Tax) paid and collected on tangible goods <br />purchased for the Company, as required under Louisville Municipal Code, section <br />3.20.300, excluding all tax revenues from the open space tax and historic preservation <br />tax. In certain circumstances, Sales Tax may be included in this rebate, when the <br />purchases were from companies with nexus with the City, therefore allowing those <br />companies to remit sales tax to the City. Absent such nexus, Company would have <br />remitted use tax to the City. No rebate shall be issued for goods purchased prior to the <br />date of Company's lease for the Project. Only those tangible goods purchased for use at <br />the new site in the Colorado Technology Center shall qualify for rebate consideration. <br />filifrf"4. <br />