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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 <br />BULLHEAD GULCH AT BNSF RAILROAD CROSSING <br />CITY OF LOUISVILLE <br />Agreement No. 16-08.10C <br />Project No. 106228 <br />THIS AGREEMENT, by and between URBAN DRAINAGE AND FLOOD CONTROL <br />DISTRICT D/B/A MILE HIGH FLOOD DISTRICT (hereinafter called "DISTRICT") and CITY OF <br />LOUISVILLE (hereinafter called "CITY") and collectively known as "PARTIES"; <br />WITNESSETH: <br />WHEREAS, PARTIES have entered into "Agreement Regarding Final Design, Right -of -Way <br />Acquisition and Construction of Drainage and Flood Control Improvements for Bullhead Gulch at BNSF <br />Railroad Crossing City of Louisville" (Agreement No. 16-08.10), as amended, dated October 31, 2016; <br />and <br />WHEREAS, PARTIES now desire to construct improvements along PROJECT; and <br />WHEREAS, PARTIES desire to increase the level of funding by $400,000 and <br />WHEREAS, the City Council of CITY and the Board of Directors of DISTRICT have authorized, <br />by appropriation or resolution, all of PROJECT costs of the respective 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 $1,136,500 <br />without amendment to this Agreement. <br />\dcm\agmmt\16\I60810C 1 <br />