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Resolution No. 23, Series 2020 Page 1 of 2 RESOLUTION NO. 23 SERIES 2020 A RESOLUTION APPROVING A CONTRACT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION AND THE CITY OF LOUISVILLE CONCERNING A GRANT FOR THE ROCK CREEK AND COAL CREEK TRAIL CONNECTION WHEREAS, the City of Louisville has applied for and been awarded a grant through the Colorado Department of Transportation (“CDOT”) to complete a segment of the 104th Street Trail that ties together the Coal Creek Trail with Rock Creek Trail and the Carolyn Holmberg Preserve at Rock Creek Farm (the “Project”); and WHEREAS, the Project will include the design and construction of approximately 2.6 miles of a primarily soft surface, separated multi-use trail generally between Empire Road to the north and the trail head parking lot within the Carolyn Holmberg Preserve; the trail will be 8-feet wide and may include additional trail features such as lighting, benches, and bike racks; and WHEREAS, the City desires to accept such grant and authorize execution of a grant contract for such funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: 1. The City Council hereby approves that certain Contract between the Colorado Department of Transportation and the City of Louisville for the grant awarded to the City for the Rock Creek and Coal Creek Trail Connection under Project No. MTF M825-015 (“Contract”), in substantially the same form as the copy of such Contract accompanying this Resolution. 2. The Mayor is hereby authorized to execute the Contract on behalf of the City Council of the City of Louisville, except that the Mayor and City Manager are hereby further authorized to negotiate and approve such revisions to the Contract as the Mayor or City Manager determines are necessary or desirable for the protection of the City, so long as the essential terms and conditions of the Contract are not altered. 3. The Mayor, City Manager and City Staff are hereby authorized and directed to do all things necessary on behalf of the City to perform the obligations of the City under the Contract, including without limitation that the Mayor or City Manager are authorized to execute and deliver any certifications, reports, forms, option letters, contract amendments and other documents appropriate or required in connection with the Contract and completion of the City project to be funded in part with funds received under the Contract. 4. The City’s obligation to make payments under the Contract is from year to year only, and payments of the City contribution for fiscal year 2021 are subject to annual budgeting and appropriation in the sole and absolute discretion of the City Council. Nothing in the Contract shall be deemed or construed as creating a multiple fiscal year obligation on the part of