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INTERGOVERNMENTAL AGREEMENT <br />AMENDING THE SOUTHEAST BOULDER COUNTY, SOUTH 96~a STREET., <br />DILLON ROAD, AND U.S. 287 AREA COMPREHENSIVE DEVELOPMENT PLAN <br />INTERGOVERNMENTAL AGREEMENT <br /> <br /> This Intergovernmental Agreement Amending the Southeast Boulder County, South 96th <br />Street, Dillon Road, and U.S. 287 Area Comprehensive Development Plan Intergovernmental <br />Agreement (this "Amendment") is made as of the 16th day of January, 2001, amending the Southeast <br />Boulder County, South 96th Street, Dillon Road, and U.S. 287 Area Comprehensive Development <br />Plan Intergovermnental Agreement dated February 18, 1999 (the "Agreement") by and among the <br />City of Broomfield, a Colorado home rule municipal corporation ("Broomfield"); the City of <br />Lafayette, a Colorado home rule municipal corporation ("Lafayette"); the City of Louisville, a <br />Colorado statutory city ("Louisville"); and the County of Boulder, a body politic and corporate of <br />the State of Colorado ("Boulder County"); (collectively the "Parties"), and the Northwest Parkway <br />Authority, a political subdivision of the State of Colorado ("Authority"). <br /> <br />WHEREAS, the Parties have previously entered into the Agreement; and <br /> <br /> WHEREAS, the Authority has consented to and is bound by certain requirements of the <br />Agreement; and <br /> <br /> WHEREAS, the Parties and Authority now wish to enter into this Amendment to provide <br />review provisions for the approval of drainage and construction easements and to include an exhibit <br />with respect to the same; to revise the Parkway financing allocation and clarify the use of such <br />allocation; and to provide for additional Authority funding obligations for acquisitions of open space <br />lands in furtherance of the Agreement. <br /> <br />NOW THEREFORE, the parties agree as follows: <br /> <br />1. Section 4.1 of the Agreement is hereby amended to read as follows: <br /> <br /> 4.1 NORTHWEST PARKWAY. Boulder County currently regulates <br />the site selection of arterial or collector highways, pursuant to §24-65.1-101 et seq., <br />C.R.S. Boulder County agrees that the acquisition of right-of-way for the Northwest <br />Parkway as indicated on Exhibit A approximately 300 feet in width and the <br />construction of the roadway, across the parcels shown on Exhibit A to contain <br />potential right-of-way, and along an alignment reasonably conforming to that shown <br />on Exhibit A shall be exempt from the guidelines and regulations adopted by Boulder <br />County pursuant to §24-65.1-101 et seq., C.R.S. if the right-of-way does not <br />encroach more than 50 feet into the Rock Creek Farm Open Space. Additional <br />encroachment into the Rock Creek Farm Open Space may be allowed only at the <br />discretion of Boulder County. Where necessary for on/off ramps at interchanges, for <br />slope easements at interchanges and overpasses, and for permanent drainage <br />easements and temporary construction easements, the width may exceed 300 feet to <br /> <br />#676746 v5 <br /> <br /> <br />