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SECOND AMENDMENT TO BUSINESS ASSISTANCE AGREEMENT FOR LINMARK, INC. IN THE CITY OF LOUISVILLE THIS SECOND AMENDMENT TO BUSINESS ASSISTANCE AGREEMENT FOR LINMARK, INC. IN THE CITY OF LOUISVILLE ("Second Amendment") is made and entered into as of the 16th day of March 2021, between the CITY OF LOUISVILLE, a Colorado home rule municipal corporation (the "City"), and LINMARK, INC., DBA Coal Creek Ace Hardware (the "Company"), a Colorado corporation. WHEREAS, by Resolution No. 13, Series 2020, the City Council approved a Business Assistance Agreement for Linmark, Inc. (the "Agreement") to provide certain business assistance in connection with a new retail hardware store (the "Project") at 1375 East South Boulder Road, Louisville, Colorado (the "Project Location"); and WHEREAS, the Company intends to create an approximately 13,000 square foot retail space in a building that has been vacant since August 2018 and generate significant new sales tax revenue to the City; and WHEREAS, the Company's planned lease signing and opening schedule was delayed by the COVID-19 pandemic and by Resolution No. 65, Series 2020, the Council approved a First Amendment to the Business Assistance Agreement for Linmark, Inc.; and WHEREAS, the Company's opening by April 30, 2021 is now anticipated by summer of 2021 and additional time is needed to complete the project; and WHEREAS, the City Council finds the execution of this Second Amendment to extend the completion date and the period for sales tax rebates 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. Section 1 of the Agreement is hereby revised to read as follows (words to be deleted s ken; words to be added underlined): 1. Termination. This Agreement shall terminate and become void and of no force or effect upon the City if, by April 30 2024 September 30, 2021, the Company has not completed the Project as described in the Company's application for business assistance (as evidenced by a successful final inspection for the Project) and commenced retail sales to the Page 1 of 2