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RESOLUTION NO. 23 SERIES 2017 A RESOLUTION APPROVING A SECOND AMENDMENT TO THE FIFTH INTERIM AGREEMENT BETWEEN THE MUNICIPAL SUBDISTRICT, NORTHERN COLORADO WATER CONSERVANCY DISTRICT WINDY GAP FIRMING PROJECT WATER ACTIVITY ENTERPRISE, AND THE CITY OF LOUISVILLE FOR PARTICIPATION IN THE WINDY GAP FIRMING PROJECT WHEREAS, the City of Louisville ("City") and the Municipal Subdistrict, Northern Colorado Water Conservancy District Windy Gap Firming Project Water Activity Enterprise ("WGF Enterprise") previously entered into a Fifth Interim Agreement for the City's continued participation in phases of the Windy Gap Firming Project ("WGFP"); and WHEREAS, a second amendment to the Fifth Interim Agreement has been proposed to further identify the City's 2017 funding obligation for the Fifth Phase of the WGFP and to make other changes, and the City Council desires to approve such amendment and authorize its execution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: 1. The proposed Second Amendment to Fifth Interim Agreement between the City of Louisville and the WGF Enterprise is hereby approved in essentially the same form as the copy of such Agreement accompanying this Resolution. 2. The Mayor is authorized to execute such Amendment, except that the Mayor is hereby granted the authority to negotiate and approve such revisions to said 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. 3. The Mayor, City Manager and City Staff are further authorized to do all things necessary on behalf of the City to perform the obligations of the City under such Amendment. PASSED AND ADOPTED this 2nd day of May, 2017. ATTEST: eredyth Muth, City Clerk Robert P. Muckle, Mayor Resolution No. 23, Series 2017 Page 1 of 1