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AMENDMENT TO <br />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 AND CITY OF LAFAYETTE <br />Agreement No. 11-04.03C <br />THIS AGREEMENT, made this day of , 2014, by and <br />between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT "), <br />CITY OF LOUISVILLE (hereinafter called "CITY "), and CITY OF LAFAYETTE (hereinafter called <br />"LAFAYETTE ") and collectively known as "PARTIES "; <br />WITNESSETH: <br />WHEREAS, DISTRICT and CITY have entered into "Agreement Regarding Final Design, Right - <br />of -Way Acquisition and Construction of Drainage and Flood Control Improvements for Drainageway A- <br />2, City of Louisville" (Agreement No. 11- 04.03) dated July 21, 2011, as amended; and <br />WHEREAS, LAFAYETTE desires to contribute funding for the design of improvements to <br />Drainageway 7 in conjunction with Drainageway A -2 design; <br />WHEREAS, PARTIES now desire to continue with the design, acquisition of right -of -way, and <br />construction of improvements along PROJECT; and <br />WHEREAS, PARTIES desire to increase the level of funding by $325,000; and <br />WHEREAS, DISTRICT's Board of Directors has authorized additional DISTRICT financial <br />participation for PROJECT (Resolution No. 14, Series of 2014); and <br />WHEREAS, the City Councils of CITY and LAFAYETTE and the Board of Directors of <br />DISTRICT have authorized, by appropriation or resolution, all of PROJECT costs of the respective <br />PARTIES. <br />NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto <br />agree as follows: <br />1. Paragraph 2. SCOPE OF PROJECT is deleted and replaced as follows: <br />2. SCOPE OF PROJECT <br />A. Final Design. PROJECT shall include the final design of improvements in accordance <br />with the recommendations defined in PLAN. Specifically, the final design of <br />facilities shall extend from approximately Main Street in CITY through the outfall of <br />Drainageway 7 into Coal Creek. PROJECT shall also include design of <br />improvements to Drainageway A, Drainageway 7, Drainageway 7 -1, and <br />Drainageway 7 -2 from Coal Creek to Highway 42. See Exhibit A -1. <br />B. Right -of -Way Delineation and Acquisition. Right -of -way for the improvements as set <br />forth in the final design and an estimate of costs for acquisition shall be determined. <br />Maps, parcel descriptions and parcel plats shall also be prepared. <br />\dcm \agrmm \11/110403C 1 <br />