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RESOLUTION NO.34 <br />SERIES 2022 <br />A RESOLUTION APPROVING A SECOND AMENDMENT TO THE AGREEMENT <br />WITH THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE <br />HIGH FLOOD DISTRICT FOR DRAINAGE AND FLOOD CONTROL <br />IMPROVEMENTS FOR COAL CREEK DRAINAGEWAY A -I AT GARFIELD <br />AVENUE <br />WHEREAS, the City of Louisville ("City") and Urban Drainage and Flood Control <br />District d/b/a Mile High Flood District ("District") entered into that certain Agreement <br />Regarding Final Design, Right -of -Way Acquisition and Construction of Drainage and Flood <br />Control Improvements for Coal Creek Drainageway A-1 at Garfield Avenue, City of Louisville, <br />dated July 30, 2020 ("Agreement"); and <br />WHEREAS, on December 1, 2020, the City and District amended the Agreement to <br />increase the funding for the construction of drainage and flood control improvements covered <br />under the Agreement by $500,000, with each party contributing $250,000 ("First Amendment"); <br />and <br />WHEREAS, the City and District desire to amend the Agreement for a second time to <br />increase the funding for the construction of drainage and flood control improvements covered <br />under the Agreement by $300,000, with each party contributing $150,000 ("Second <br />Amendment'), bringing the City's total contribution under the Agreement, as amended, to <br />$883,257.95; and <br />WHEREAS, the City Council finds that the proposed Second Amendment is in the best <br />interests of the City and its citizens. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br />OF LOUISVILLE, COLORADO: <br />1. The City Council hereby approves the proposed Second Amendment to Agreement <br />Regarding Final Design, Right -of -Way Acquisition, and Construction of Drainage and Flood <br />Control Improvements for Coal Creek Drainageway A-1 at Garfield Avenue City of Louisville <br />("Second Amendment"), in essentially the same form as the copy of such Second Amendment <br />accompanying this Resolution. <br />2. The Mayor is authorized to execute the Second Amendment on behalf of the City, <br />except that the Mayor is hereby further granted authority to negotiate and approve such revisions to <br />said Second Amendment as the Mayor determines are necessary or desirable for the protection of <br />the City, so long as the essential terms and conditions of the Second Amendment are not altered. <br />3. The Mayor, City Manager, Director of Public Works and City staff are hereby <br />authorized to execute all documents and do all other things necessary on behalf of the City to <br />Resolution No. 34, Series 2022 <br />Page 1 of 2 <br />