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RESOLUTION NO. 41 SERIES 2023 A RESOLUTION APPROVING A THIRD AMENDMENT TO THE AGREEMENT WITH THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT FOR DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR COAL CREEK DRAINAGEWAY A-1 AT GARFIELD AVENUE WHEREAS, the City of Louisville ("City") and Urban Drainage and Flood Control District d/b/a Mile High Flood District ("District") entered into that certain Agreement Regarding Final Design, Right -of -Way Acquisition and Construction of Drainage and Flood Control Improvements for Coal Creek Drainageway A-1 at Garfield Avenue, City of Louisville, dated July 30, 2020 ("Agreement"); and WHEREAS, on December 1, 2020, the City and District amended the Agreement to increase the funding for the construction of drainage and flood control improvements covered under the Agreement by $500,000, with each party contributing $250,000 ("First Amendment"); and WHEREAS, the City and District amended the Agreement for a second time to increase the funding for the construction of drainage and flood control improvements covered under the Agreement by $300,000, with each party contributing $150,000 ("Second Amendment"), bringing the City's total contribution under the Agreement, as amended, to $883,257.95; and WHEREAS, the City and District desire to amend the Agreement for a third time to increase the funding for the construction of drainage and flood control improvements covered under the Agreement by $100,000, with the District contributing the entire amount ("Third Amendment"), keeping the City's total contribution under the Agreement, as amended, to $883,257.95. WHEREAS, the City Council finds that the proposed Third Amendment is in the best interests of the City and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: 1. The City Council hereby approves the proposed Third Amendment to Agreement Regarding Final Design, Right -of -Way Acquisition, and Construction of Drainage and Flood Control Improvements for Coal Creek. Drainageway A-1 at Garfield Avenue City of Louisville ("Third Amendment"), in essentially the same form as the copy of such Third Amendment accompanying this Resolution. 2. The Mayor is authorized to execute the Third Amendment on behalf of the City, except that the Mayor is hereby further granted authority to negotiate and approve such Resolution No, 41. Series 2023 Page 1 of 2