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DocuSign Envelope ID: OAEE34FB-9B2F-43D4-9D61-7B93375097F1 <br />SECOND 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. 20-02.2613 <br />Project No. 107315 <br />THIS SECOND AMENDMENT TO AGREEMENT (hereinafter called "SECOND <br />AMENDMENT"), by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A <br />MILE HIGH FLOOD DISTRICT (hereinafter called "DISTRICT") and CITY OF LOUISVILLE <br />(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 Coal Creek Drainageway <br />A-1 at Garfield Avenue, City of Louisville" (Agreement No. 20-02.26) dated July 30, 2020, as amended <br />(hereinafter 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 $300,000; and <br />WHEREAS, DISTRICT's Board of Directors has authorized additional DISTRICT financial <br />participation for PROJECT (Resolution No. 61, Series of 2022); 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 />$1,662,806.55 without amendment to this AGREEMENT. <br />PROJECT costs for the various elements of the effort are estimated as follows: <br />Agreement No, 20-02.2613 <br />