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Page 1 of 2 FIRST AMENDMENT TO BUSINESS ASSISTANCE AGREEMENT FOR FRESCA FOODS, INC. IN THE CITY OF LOUISVILLE THIS FIRST AMENDMENT TO BUSINESS ASSISTANCE AGREEMENT (“First Amendment”) is made and entered into as of the _______ day of ______________________, 2020, between the CITY OF LOUISVILLE, a Colorado home rule municipal corporation (the "City"), and FRESCA FOODS, INC. (the “Company”), a Colorado corporation. WHEREAS, by Resolution No. 57, Series 2019, the City Council for the City approved a Business Assistance Agreement for Fresca Foods, Inc. in the City of Louisville (the “Agreement”); and WHEREAS, the Agreement requires the Project contemplated in the Agreement be completed by March 31, 2020 and provides building permit fee and use tax rebates through the period ending March 31, 2020; and WHEREAS, construction of the Project was delayed, and the Company has requested the City amend the Agreement to provide an extension to and including June 30, 2020 for completion of the Project and the rebates provided by the Agreement; and WHEREAS, the City Council finds there has been good cause for the delay, and that amendment of the Agreement as set forth herein will serve to provide benefit and advance the public interest and welfare of the City and its citizens by securing this economic development project within the City. NOW THEREFORE, in consideration of the mutual promises set forth below, the City and Company agree as follows: Section 1. Sections 1 and 2 of the Agreement are hereby amended to read as follows (text to be added italicized; text to be deleted stricken): 1.Building Permit Fee Rebates. The City shall rebate to Company 50% of the building related permit fees for the Project, required under Louisville Municipal Code, section 15.04.050 and section 108.2 of the International Building Code as adopted by the City for the Project, for the period from execution of this Agreement and ending March 31, 2020 June 30, 2020. 2.Use Tax Rebate-Construction. The City shall rebate to Company 50% of the Construction Use Tax on the building materials for the Project, required under Louisville Municipal Code, section 3.20.300, excluding all revenues from the Open Space Tax, Historic Preservation Tax, and Recreation Center 19thMay