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RESOLUTION NO.8 SERIES 2013 A RESOLUTION APPROVING A MEMORANDUM OF AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR CONVEYANCE OF A 20,820 SQUARE FOOT PARCEL OWNED BY THE CITY WITHIN THE HEALTH PARK SUBDIVISION (A/K/A AVISTA OPEN SPACE) FOR THE US 36 MANAGED LANE/BUS RAPID TRANSIT PROJECT WHEREAS, the Colorado Department of Transportation ("CDOT") and the Colorado High Performance Transportation Enterprise ("HPTE"), a government-owned business within CDOT, are undertaking to construct; design, build, operate, maintain and finance the project identified as the US 36 Managed Lane/Bus Rapid Transit Project, CDOT Project Code 18907, Project No. NH 0361-103, Segment E (hereinafter"the Project"); and WHEREAS, for the Project CDOT has advised the City that it intends to acquire a City- owned parcel of property referred to as Parcel Number 8 (containing 20,820 square feet ±), which parcel is located within Tract A, Health Park Subdivision Filing No. 6 and adjacent to the US 36 right-of-way, lying southeast of McCaslin Boulevard and northwest of 88`h Street, and which parcel is legally described in the exhibits accompany the attached Memorandum of Agreement ("MOA') (hereinafter"the Property"); and WHEREAS, CDOT has proposed that the City and CDOT enter into the MOA accompanying this Resolution in order to set forth the terms and conditions of the sale of the Property to CDOT; and WHEREAS,the City Council finds that sale and conveyance of the Property in accordance with the MOA will avoid the commencement by CDOT of condemnation proceedings for acquisition of the Property;and WHEREAS, the City is authorized by law to enter into the MOA, and the City Council finds and determines that execution of the MOA is in the best interest of the City and its citizens; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE,COLORADO: I. The City Council hereby approves that certain Memorandum of Agreement between the City of Louisville and the Colorado Department of Transportation for CDOT's acquisition of the above-described Property (the "MOA"), in substantially the same form as the copy of such MOA accompanying this Resolution. 2. The Mayor is hereby authorized to execute the MOA on behalf of the City Council of the City of Louisville, except that the Mayor is hereby further authorized to negotiate and approve such revisions to the MOA as the Mayor determines are necessary or desirable for the protection of the City, so long as the essential terms and conditions of the MOA are not altered. Resolution No.8,Series 2013 Page 1 of 2 •