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RESOLUTION NO. 52 <br />SERIES 2019 <br />A RESOLUTION APPROVING AN AMENDMENT TO AN AGREEMENT WITH THE <br />URBAN DRAINAGE AND FLOOD CONTROL DISTRICT DB/A MILE HIGH FLOOD <br />DISTRICT FOR DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR <br />BULLHEAD GULCH <br />WHEREAS, on October 31, 2016, the City of Louisville ("City") and Urban Drainage and <br />Flood Control District D/B/A Mile High Flood District ("District") entered into an agreement, <br />designated Agreement No. 16-08.10, Project No. 106228 ("Original Agreement"), for <br />improvements to Bullhead Gulch at the BNSF Railroad Crossing; and <br />WHEREAS, the Original Agreement sets forth the rights and obligations of the City and <br />District with respect to the design, right-of-way acquisition and construction of drainage and flood <br />control improvements for Bullhead Gulch at the BNSF Railroad Crossing ("Project"); and <br />WHEREAS, the Original Agreement provided for Project design costs not to exceed <br />$186,500; and <br />WHEREAS, on August 21, 2017, the parties amended the Original Agreement to increase <br />construction funding by $250,000, consisting of a contribution of $150,000 by the City and a <br />contribution of $100,000 by the District, for a total Project amount of $436,500, to enable the <br />completion of the final design and construction of the improvements; and <br />WHEREAS, on August 21, 2018, the parties amended the Original Agreement to increase <br />construction funding by an additional $300,000, consisting of a contribution of $300,000 by the <br />City, for a total Project amount of $736,500, to enable the completion of the final design and <br />construction of the improvements; and <br />WHEREAS, the City and the District desire to amend the Original Agreement, as <br />amended, to increase construction funding by an additional $400,000, consisting of a contribution <br />of $400,000 by the District, for a total Project amount of $1,136,500, to enable the completion of <br />the final design and construction of the improvements; and <br />WHEREAS, the City Council finds that the proposed amendment to the Original Agreement <br />is in the best interests of the City and its citizens; <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br />CITY OF LOUISVILLE, COLORADO: <br />1. The City Council hereby approves the proposed Amendment to Agreement Regarding <br />Final Design, Right -of -Way Acquisition, and Construction of Drainage and Flood Control <br />Improvements for Bullhead Gulch at BNSF Railroad Crossing City of Louisville ("Amendment"), in <br />essentially the same form as the copy of such Amendment accompanying this Resolution. <br />Resolution No. 52, Series 2019 <br />Page 1 of 2 <br />