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AGREEMENT REGARDING <br />FINAL DESIGN, RIGHT -OF -WAY ACQUISITION AND CONSTRUCTION <br />OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR DRAINAGEWAY A -2, <br />CITY OF LOUISVILLE <br />Agreement No. 11 -04.03 <br />f / <br />THIS AGREEMENT, made this 21 day of -1-74, l , 2011, by and <br />between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT ( hereinafter called "DISTRICT ") <br />and CITY OF LOUISVILLE (hereinafter called "CITY ") and collectively known as "PARTIES "; <br />WITNESSETH: <br />WHEREAS, DISTRICT, in a policy statement previously adopted (Resolution No. 14, Series of <br />1970 and Resolution No. 11, Series of 1973) expressed an intent to assist public bodies which have <br />heretofore enacted floodplain regulation measures; and <br />WHEREAS, PARTIES participated in a joint planning study titled "Lafayette — Louisville <br />Boundary Outfall System Plan Conceptual Design Report" by McLaughlin Water Engineers, dated <br />January, 2011. (hereinafter called "PLAN "); and <br />WHEREAS, PARTIES now desire to proceed with the design, right -of -way acquisition and <br />construction of drainage and flood control improvements for Drainageway A -2 (hereinafter called <br />"PROJECT "); and <br />WHEREAS, DISTRICT has adopted at a public hearing a Five -Year Capital Improvement <br />Program (Resolution No. 68, Series of 2010) for drainage and flood control facilities in which PROJECT <br />was included in the 2011 calendar year; and <br />WHEREAS, DISTRICT has heretofore adopted a Special Revenue Fund Budget for calendar year <br />2011 subsequent to public hearing (Resolution No. 52, Series of 2010) which includes funds for <br />PROJECT; and <br />WHEREAS, DISTRICT's Board of Directors has authorized DISTRICT financial participation for <br />PROJECT (Resolution No. 29, Series of 2011); and <br />WHEREAS, the City Council of CITY and the Board of Directors of DISTRICT have authorized, <br />by appropriation or resolution, all of PROJECT costs of the respective PARTIES. <br />NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto <br />agree as follows: <br />1. SCOPE OF THIS AGREEMENT <br />This Agreement defines the responsibilities and financial commitments of PARTIES with respect <br />to PROJECT. <br />2. SCOPE OF PROJECT <br />A. Final Design. PROJECT shall include the final design of improvements in accordance with <br />the recommendations defined in PLAN. Specifically, the final design of facilities shall <br />\dcm\agmrint \11 \110403 1 <br />