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COOPERATION AGREEMENT <br />Utilities Undergrounding at State Highway 42 and Griffith Street <br />This Agreement (the "Cooperation Agreement") is made as of July 27 > <br />2021, by and between the CITY OF LOUISVILLE (the "City") and the LOUISVILLE <br />REVITALIZATION COMMISSION (the "LRC"). The City and the LRC are sometimes <br />referred to herein individually as a Parry and collectively as the Parties. <br />RECITALS <br />A. The City is a home -rule city and municipal corporation duly organized and existing <br />under and pursuant to Article XX of the Colorado Constitution and Charter of the City (the <br />"Charter"). <br />B. The LRC is a public body corporate and politic authorized to transact business and <br />exercise its powers as an urban renewal authority under and pursuant to the Colorado Urban <br />Renewal Law, Part 1 of Article 25 of Title 31, C.R.S. (the "Act"). <br />C. The City Council has approved a project to underground the overhead utilities <br />located in the vicinity of the intersection at State Highway 42 and Griffith Street (the "Project"). <br />D. The utilities include overhead lines owned and operated by Xcel, CenturyLink, and <br />Comeast. <br />E. The City plans to use funds received deposited in the City's "1 % Aind" to bury <br />Xcel's transmission lines; however, the 1 % fund cannot be used to fund the undergrounding of <br />lines owned and operated by other utilities, broadband or telecommunications providers. <br />F. The Project is located within the area (the "Plan Area") described in the Highway <br />42 Revitalization Area Urban Renewal Plan (the "Plan"). <br />G. The Plan provides for financing the activities and undertakings of the LRC by <br />means of property tax allocation or tax increment financing ("Property Tax T1F") in accordance <br />with Section 31-25-107(9) of the Act. <br />H. The LRC finds that Project will help prevent the spread of blight within the Plan <br />Area by providing enhanced reliability, safety, and aesthetics in the vicinity of the intersection in <br />furtherance of the purposes of the Act and Plan, and thus desires to participate financially in the <br />Project. <br />1. The Act and Section 18, Article XIV of the Colorado Constitution authorize the <br />Parties to enter into cooperation agreements. <br />J. The Parties desire to enter into this Cooperation Agreement to set forth the terms <br />of the LRC's financial assistance to the Project. <br />