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SAMPLE <br />AGREEMENT REGARDING <br />FINAL DESIGN, RIGHT-OF-WAY ACQUISITION AND CONSTRUCTION <br />OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR <br />BULLHEAD GULCH AT BNSF <br />CITY OF LOUISVILLE <br />Agreement No. 16-08.10 <br />Project No. 106228 <br />Exhibit B <br />MEMORANDUM <br />This MEMORANDUM is entered into this day of , 20_ by and <br />between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT, a quasi -governmental entity, <br />whose address is 2480 West 26th Avenue, Suite 156-B, Denver, Colorado 80211 (hereinafter called <br />"DISTRICT") and a governmental entity, whose address is <br />(hereinafter called "CITY") and collectively known as <br />"PARTIES"; <br />WHEREAS, PARTIES entered into "Agreement Regarding Final Design, Right -of -Way <br />Acquisition and Construction of Drainage and Flood Control Improvements for <br />," Agreement No. on or about <br />, 20, (hereinafter called "AGREEMENT"); and <br />WHEREAS, AGREEMENT is unrecorded, however PARTIES have agreed in AGREEMENT to <br />record this MEMORANDUM in the records of the Clerk and Recorder of <br />State of Colorado, in order to put all who inquire on notice of AGREEMENT and in particular <br />Paragraph 7.0 of AGREEMENT; and <br />WHEREAS, in AGREEMENT, PARTIES agreed to participate equally (up to a maximum of <br />$ each) in the cost of the construction of drainage and flood control improvements for <br />within CITY boundaries which include <br />(hereinafter called <br />"PROJECT"); and <br />WHEREAS, construction of PROJECT may require the acquisition by CITY of real property; and <br />WHEREAS, AGREEMENT further provides that CITY will own all real property required to <br />construct the improvements and that CITY ownership of that real property shall be subject to the terms <br />and conditions of AGREEMENT and in particular Paragraph 7.0 of AGREEMENT; and <br />WHEREAS, Paragraph 7.0 of AGREEMENT provides in appropriate part as follows: <br />"7.C. Ownership of Property and Limitation of Use. CITY shall own the property either in fee or <br />non -revocable casement and shall be responsible for same. It is specifically understood that <br />the right-of-way is being used for drainage and flood control purposes. The properties upon <br />