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RESOLUTION NO. 46 SERIES 2017 A RESOLUTION APPROVING AN AMENDMENT TO AGREEMENT WITH THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT FOR DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR BULLHEAD GULCH WHEREAS, on October 31, 2016, the City of Louisville ("City") and Urban Drainage and Flood Control Distnct ("District") entered into an agreement, designated Agreement No 16- 08 10, Project No. 106228 ("Ongmal Agreement"), for improvements to Bullhead Gulch at the BNSF Railroad Crossing; and WHEREAS, the Original Agreement sets forth the nghts and obligations of the City and District with respect to the design, nght-of-way acquisition and construction of drainage and flood control improvements for Bullhead Gulch at the BNSF Railroad Crossing ("Project"), and WHEREAS, the Onginal Agreement provided for Project design costs not to exceed $186,500, and WHEREAS, the City and the District desire to amend the Onginal Agreement to add construction funding of $250,000, consisting of a contribution of $150,000 by the City and a contribution of $100,000 by the Distnct, for a total Project amount of $436,500, to enable the completion of the final design and construction of the improvements, and WHEREAS, the City Council finds that the proposed amendment to the Ongmal Agreement is in the best interests of the City and its citizens; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: 1. The City Council hereby approves the proposed amendment to the Agreement Regarding Final Design, Right -of -Way Acquisition and Construction of Drainage and Flood Control Improvements for Bullhead Gulch at BNSF Railroad Crossing ("Amendment"), in essentially the same form as the copy of such Amendment accompanying this Resolution. 2 The Mayor is authonzed to execute the Amendment on behalf of the City, except that the Mayor is hereby further granted authonty to negotiate and approve such revisions to said Amendment as the Mayor deternunes are necessary or desirable for the protection of the City, so long as the essential terms and conditions of the Amendment are not altered 3. The Mayor, City Manager, Director of Public Works and City staff are hereby authorized to execute all documents and do all other things necessary on behalf of the City to perform the obligations of the City under the Original Agreement, as amended by the Amendment. Resolution No 46, Series 2017 Page 1 of 2