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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. 20-02.26 <br />Project No. 107315 <br />THIS AGREEMENT, by and between URBAN DRAINAGE AND FLOOD CONTROL <br />DISTRICT DB/A MILE HIGH FLOOD DISTRICT (hereinafter called "DISTRICT") and CITY OF <br />LOUISVILLE (hereinafter called "CITY") and collectively known as "PARTIES"; <br />WITNESSETH: <br />WHEREAS, DISTRICT, in a policy statement previously adopted (Resolution No. 14, Series of <br />1970 and Resolution No. 11, Series of 1973) expressed an intent to assist public bodies which have <br />heretofore enacted floodplain regulation measures; and <br />WHEREAS, PARTIES participated in a joint planning study titled "City of Louisville/Boulder <br />County Outfall Systems Plan" dated November 1982, which documents flooding conditions, and for <br />which a major drainageway need exists for improvements on Coal Creek Drainageway A-1 at Garfield <br />Avenue (hereinafter called "PLAN"); and <br />WHEREAS, PARTIES now desire to proceed with the design, right-of-way acquisition and <br />construction of drainage and flood control improvements for Coal Creek Drainageway A-1 at Garfield <br />Avenue (hereinafter called "PROJECT"); and <br />WHEREAS, DISTRICT has adopted at a public hearing, a Five -Year Capital Improvement <br />Program (Resolution No. 65, Series of 2019) for drainage and flood control facilities in which PROJECT <br />was included in the 2020 calendar year; <br />WHEREAS, DISTRICT has heretofore adopted a Special Revenue Fund Budget for calendar year <br />2020 subsequent to public hearing (Resolution No. 62, Series of 2019) which includes funds for <br />PROJECT; and <br />WHEREAS, DISTRICT's Board of Directors has authorized DISTRICT financial participation for <br />PROJECT (Resolution No. 39, Series of 2020); 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 />SCOPE OF THIS AGREEMENT <br />This Agreement defines the responsibilities and financial commitments of PARTIES with respect <br />to PROJECT. <br />Agreement No. 20-02.26 <br />