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1 <br /> ASSIGNMENT AND CONSENT <br /> BUSINESS ASSISTANCE AGREEMENT FOR <br /> RICCO'S BURRITOS — 318 SOUTH McCASLIN BLVD. <br /> THIS ASSIGNMENT AND CONSENT ("Assignment") is made and entered into <br /> between RICCO'S BURRITOS, INC., the CITY OF LOUISVILLE, a Colorado home rule <br /> municipal corporation (the "City"), and MC STERLING, LLP, a Colorado limited liability <br /> partnership. <br /> WHEREAS, on July 5, 2011, the City approved a Business Assistance <br /> Agreement with Ricco's Burritos, Inc. ("Original Agreement"); and <br /> WHEREAS, Ricco's Burritos, Inc. has transferred operation of the business to <br /> MC Sterling, LLP; and <br /> WHEREAS, Ricco's Burritos, Inc. requests the Original Agreement be assigned <br /> to MC Sterling, LLP; and <br /> WHEREAS, paragraph 10 of the Original Agreement requires City consent for <br /> any assignment; <br /> NOW THEREFORE, in consideration of the mutual promises set forth below, the <br /> City and agree as follows: <br /> 1. The Original Agreement is hereby assigned to MC Sterling, LLP. <br /> 2. All rights, duties, obligations and benefits of the Original Agreement are <br /> transferred to MC Sterling, LLP as a result of such assignment. <br /> 3. Any and all rebate payments made by the City under the Original <br /> Agreement, whether made or accruing for periods before or after execution <br /> of this instrument, shall be made payable solely to MC Sterling, LLP and <br /> mailed to it at 318 South McCaslin Blvd., Louisville, CO 80027. The City <br /> shall have no obligation to make payment to any other party. <br /> 4. The City hereby consents to the assignment herein of the Original <br /> Agreement. <br /> 5. All other terms and conditions of the Original Agreement remain the same. <br /> MC STER G P RICCO'S BU' ' TOS, C.By: <br /> v <br /> P. ric c neider Rick La"ouche, individually and <br /> on behalf of Ricco's Burritos, Inc. <br /> and its affiliated entities <br /> 1 <br />