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AMENDMENT TO 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. 16-08.10A Project No. 106228 THIS AGREEMENT, dated y'6e. i Z. l i Zd[ 7 , 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, PARTIES have entered into "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) dated October 31, 2016; and WHEREAS, PARTIES now desire to complete the final design and construct improvements along PROJECT; and WHEREAS, PARTIES desire to increase the level of funding by $250,000; and WHEREAS, DISTRICT's Board of Directors has authorized additional DISTRICT financial participation for PROJECT (Resolution No. 14, Series of 2017); 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. Paragraph 4. PROJECT COSTS AND ALLOCATION OF COSTS is deleted and replaced as follows: 4. PROJECT COSTS AND ALLOCATION OF COSTS A. PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist of and be limited to the following: 1. Final design services; 2. Delineation, description and acquisition of required rights -of -way/ easements; 3. Construction of improvements; 4. Contingencies mutually agreeable to PARTIES. B. It is understood that PROJECT costs as defined above are not to exceed $436,500 without amendment to this Agreement. Idcmlagrmnt1161I60810A 1