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FIRST AMENDMENT TO BUSINESS ASSISTANCE AGREEMENT <br />FOR LOUISVILLE WATERING HOLE, INC, IN THE CITY OF LOUISVILLE <br />THIS FIRST AMENDMENT TO BUSINESS ASSISTANCE AGREEMENT <br />("First Amendment") is made and entered into as of the 24th day of <br />March , 2022, between the CITY OF LOUISVILLE, a <br />Colorado home rule municipal corporation (the "City"), and LOUISVILLE <br />WATERING HOLE, INC (the "Company"), a Colorado corporation. <br />WHEREAS, by Resolution No. 56, Series 2021, the City Council approved <br />a Business Assistance Agreement with LuLu's Low Country Kitchen, LLC (the <br />"Original Agreement") to provide certain business assistance in connection with <br />the Company's desire to open a new restaurant concept in Louisville (the <br />"Project"); and <br />WHEREAS, by Resolution No. 2, Series 2022, the City Council approved <br />the assignment of the Original Agreement to Louisville Watering Hole, Inc (the <br />"Assignment"); and <br />WHEREAS, the Company is in the process of occupying 6,163 square feet <br />of vacant commercial space at 988 W. Dillon Road (the "Project Location"), which <br />was vacated by the prior tenant in 2020; and <br />WHEREAS, the Company will bring new basic jobs to the City, as well as <br />generate new Sales Tax revenue; and <br />WHEREAS, the Company is currently in the process of obtaining required <br />permits, and thus its planned opening schedule has been delayed, such that the <br />Company now anticipates completing their project by no later than December 31, <br />2022 instead of by no later than March 31, 2022; and <br />WHEREAS, the City Council finds the execution of this First Amendment to <br />extend the completion date and the period for permit fee and use tax rebates will <br />serve to provide benefit and advance the public interest and welfare of the City <br />and its citizens by securing this economic development project within the City. <br />NOW THEREFORE, in consideration of the mutual promises set forth <br />below, the City and Company agree as follows: <br />Section 1. The following sections of the Agreement are hereby amended <br />to read as follows (words to be deleted qtr ; words to be added underlined): <br />1. Building Permit Fee Rebates. The City shall rebate to the Company 50% <br />of the building permit related fees for the Project, required under Louisville <br />Municipal Code, section 15.04.050 and section 108.2 of the International <br />Page 1 of 3 <br />