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RESOLUTION NO. 34 SERIES 2018 A RESOLUTION APPROVING AN AMENDMENT TO THE 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 District ("District") entered into an agreement, designated Agreement No. 16- 08.10, Project No. 106228 ("Original Agreement"), for improvements to Bullhead Gulch at the BNSF Railroad Crossing; and WHEREAS, the Original Agreement sets forth the rights and obligations of the City and District with respect to the design, right-of-way acquisition and construction of drainage and flood control improvements for Bullhead Gulch at the BNSF Railroad Crossing ("Project"); and WHEREAS, the Original Agreement provided for Project design costs not to exceed $186,500; and WHEREAS, on August 21, 2017, the parties amended the Original Agreement to increase construction funding by $250,000, consisting of a contribution of $150,000 by the City and a contribution of $100,000 by the District, 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 and the District desire to amend the Original Agreement, as amended, to increase construction funding by an additional $300,000, consisting of a contribution of $300,000 by the City, for a total Project amount of $736,500, 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 Original 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 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 ("Amendment"), in essentially the same form as the copy of such Amendment accompanying this Resolution. 2. The Mayor is authorized to execute the Amendment on behalf of the City, except that the Mayor is hereby further granted authority to negotiate and approve such revisions to said Amendment as the Mayor determines are necessary or desirable for the protection of the City, so long as the essential terms and conditions of the Amendment are not altered. Resolution No. 34, Series 2018 Page 1 of 2