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AGREEMENT REGARDING FINAL DESIGN, RIGHT-OF-WAY ACQUISITION AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR BULLHEAD GULCH AT BNSF RAILROAD CROSSING CITY OF LOUISVILLE Agreement No. 16-08.10 Project No. 106228 THIS AGREEMENT, dated pG ` C - 3t ZD! j' , by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT") and CITY OF LOUISVILLE (hereinafter called "CITY") and collectively known as "PARTIES"; WITNESSETH: WHEREAS, DISTRICT, in a policy statement previously adopted (Resolution No. 14, Series of 1970 and Resolution No. 11, Series of 1973) expressed an intent to assist public bodies which have heretofore enacted floodplain regulation measures; and WHEREAS, PARTIES participated in a joint planning study titled "Bullhead Gulch Watershed Outfall Systems Planning" by Advanced Sciences, Inc., dated June 1992 (hereinafter called "PLAN"); and WHEREAS, PARTIES now desire to proceed with the design, nght-of-way acquisition and construction of drainage and flood control improvements for Bullhead Gulch at the BNSF Railroad Crossing (hereinafter called "PROJECT"); and WHEREAS, DISTRICT has adopted at a public heanng a Five -Year Capital Improvement Program (Resolution No. 57, Series of 2015) for drainage and flood control facilities in which PROJECT was included in the 2016 calendar year; and WHEREAS, DISTRICT has heretofore adopted a Special Revenue Fund Budget for calendar year 2016 subsequent to public hearing (Resolution No. 47, Series of 2015) which includes funds for PROJECT; and WHEREAS, DISTRICT's Board of Directors has authorized DISTRICT financial participation for PROJECT (Resolution No. 35, Series of 2016); and WHEREAS, the City Council of CITY and the Board of Directors of DISTRICT have authorized, by appropriation or resolution, all of PROJECT costs of the respective PARTIES. NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto agree as follows: 1. SCOPE OF THIS AGREEMENT This Agreement defines the responsibilities and financial commitments of PARTIES with respect to PROJECT. 2. SCOPE OF PROJECT A. Final Design. PROJECT shall include the final design of improvements in accordance with the recommendations defined in PLAN. Specifically, the final design of facilities shall extend along Bullhead Gulch at the BNSF Railroad Crossing, as shown on Exhibit A. \dcm\agrnmt\16\160810 1