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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- 04.03D <br />THIS AGREEMENT, made this % day of , 2015, 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, CITY, and LAFAYETTE have entered into "Agreement Regarding Final <br />Design, Right -of -Way Acquisition and Construction of Drainage and Flood Control Improvements for <br />Drainageway A -2, City of Louisville" (Agreement No. 11- 04.03) dated July 21, 2011, as amended; and <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 $1,193,437; and <br />WHEREAS, DISTRICT's Board of Directors has authorized additional DISTRICT financial <br />participation for PROJECT (Resolution No. 08, Series of 2015); 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 4. PROJECT COSTS AND ALLOCATION OF COSTS is deleted and replaced as <br />follows: <br />4. PROJECT COSTS AND ALLOCATION OF COSTS <br />A. PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist <br />of and be limited to the following: <br />1. Final design services; <br />2. Delineation, description and acquisition of required rights -of -way/ easements; <br />3. Construction of improvements; <br />4. Contingencies mutually agreeable to PARTIES. <br />B. It is understood that PROJECT costs as defined above are not to exceed $2,968,437 <br />without amendment to this Agreement. <br />\d cm\agrmnt\ 11 / 110403 D\ <br />