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RESOLUTION NO. 11 SERIES 2023 A RESOLUTION APPROVING AN AMENDMENT TO INTERGOVERNMENTAL AGREEMENT WITH CDOT CONCERNING A GRANT IN CONNECTION WITH THE CITY'S STATE HIGHWAY 42 MULTIMODAL IMPROVEMENTS PROJECT WHEREAS, the City of Louisville ("City") and the Colorado Department of Transportation ("CDOT") are parties to that certain Intergovernmental Agreement, dated December 16, 2022 ("Grant Agreement"), which sets forth the terms and conditions of the American Rescue Plan Act (ARPA) grant awarded to the City in the amount of $3,200,000, including the condition that the City contribute local matching funds of $3,200,000, for use in the design and construction of the City's State Highway 42 Multimodal Improvements Project (the "Project"); and WHEREAS, in order to advance the Project design to 60% design plans, there has been prepared an amendment to the Grant Agreement (the "Amendment") to increase the total budgeted project amount to $8,000,000, by increasing the maximum amount of the Grant from $3,200,000 to $7,200,000, and by reducing the local agency contribution of matching funds from $3,200,000 to $800,000; and WHEREAS, the City Council desires to accept the additional grant funds and approve the Amendment by this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: Section 1. The City Council hereby accepts the grant of additional American Rescue Plan Act (ARPA) funds in the amount of $4,000,000 from the State of Colorado, Department of Transportation, to be used in the design and construction of the City's State Highway 42 Multimodal Improvements Project, Project No. MTF 042A-009 (25380) (the "Project"). Section 2. The City Council hereby approves that certain Amendment to Intergovernmental Agreement (the "Amendment") by and between the State of Colorado, acting by and through the Colorado Department of Transportation, and the City of Louisville, in substantially the same form as the copy of such Amendment accompanying this Resolution. Section 3. The Mayor and City Clerk are hereby authorized to execute the Amendment on behalf of the City Council of the City of Louisville, and the Mayor is hereby further authorized to negotiate and approve such revisions to the Amendment as the Mayor determines are necessary or desirable for the protection of the City, so long as the essential terms and conditions of the Amendment are not altered. Section 4. The Mayor, City Manager, and City Staff are hereby authorized and directed to do all things necessary on behalf of the City to perform the obligations of the City under that certain Intergovernmental Agreement, dated December 16, 2022, as amended by the Amendment, including without limitation that the Mayor or City Manager are authorized to execute and deliver any Resolution No. 11, Series 2023 Page 1 of 2