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FIRST AMENDMENT TO THE BUSINESS ASSISTANCE AGREEMENT FOR <br /> BRASEL LLC IN THE CITY OF LOUISVILLE <br /> THIS AMENDED AGREEMENT "Amended Agreement is made and <br /> entered into as of the 1 day of May, 2010, between the CITY OF <br /> LOUISVILLE, a Colorado home rule municipal corporation (the "City and <br /> Brasel LLC, a Colorado limited liability company. <br /> WHEREAS, on July 15, 2008, the City approved a Business Assistance <br /> Agreement with Brasel LLC "Original Agreement and <br /> WHEREAS, the Original Agreement was conditioned on Brasel operating <br /> a Beef `O' Brady's Family Sports Pub in Village Square Shopping Center, 585 S. <br /> Boulder Road in Louisville "the Project and <br /> WHEREAS, Brasel LLC opened the Project on November, 2008; and <br /> WHEREAS, Brasel LLC desires to cease its relationship with the Beef `O' <br /> Brady's franchise, but continue to operate a restaurant similar to the Beef `O' <br /> Brady's model; and <br /> NOW THEREFORE, in consideration of the mutual promises set forth <br /> below, the City and agree as follows: <br /> 1. Paragraph 6. Business Termination. of the "Original Agreement" is <br /> hereby amended to read (words added are shown under lined): <br /> 6. Business Termination. In the event that, within five (5) years of the <br /> commencement of the rebate term, Beef `O' Brady's, or a similar restaurant <br /> described as a sports bar with burgers, fries, and similar pub food, ceases <br /> operations at 585 S. Boulder Road, Brasel LLC shall pay to the City the total <br /> amount of sales tax which were due and payable to the City but were rebated by <br /> the City to Brasel LLC, as well as reimburse the City for any funds provided to <br /> Brasel LLC pursuant to this Agreement. <br /> 2. All other terms and condition of the Original Agreement remain the <br /> same. <br /> BRASEL LLC CITY OF LOUISVILLE <br /> A Colora imited 4 b ity company <br /> By: A.1 )1 <br /> Timothy J. B sel Ch -Tres k <br /> Mayor <br />