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DocuSign Envelope ID: 68B9AF52-OF44-47E2-AD21-4E366D2245DD <br />FIRST AMENDMENT TO <br />AGREEMENT REGARDING <br />FINAL DESIGN, RIGHT-OF-WAY ACQUISITION, AND CONSTRUCTION <br />OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR <br />COAL CREEK DRAINAGEWAY A-1 AT GARFIELD AVENUE <br />CITY OF LOUISVILLE <br />Agreement No. 20-02.26A <br />Project No. 107315 <br />THIS FIRST AMENDMENT TO AGREEMENT (hereinafter called "FIRST AMENDMENT"), by <br />and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD <br />DISTRICT (hereinafter called "DISTRICT") and CITY OF LOUISVILLE (hereinafter called "CITY") <br />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 Coal Creek Drainageway <br />A-1 at Garfield Avenue, City of Louisville" (Agreement No. 20-02.26) dated July 30, 2020, (hereinafter <br />called "AGREEMENT"); and <br />WHEREAS, PARTIES now desire to construct drainage and flood control improvements on Coal <br />Creek Drainageway A-1 at Garfield Avenue (hereinafter called "PROJECT"); and <br />WHEREAS, PARTIES desire to increase the level of funding by $500,000; and <br />WHEREAS, DISTRICT's Board of Directors has authorized additional DISTRICT <br />financial participation for PROJECT (Resolution No. 81, Series of 2020); 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 />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 <br />consist 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 <br />$1,362,806.55 without amendment to this AGREEMENT. <br />PROJECT costs for the various elements of the effort are estimated as follows: <br />Agreement No. 20-02.26A <br />