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15 <br /> ' DRAFT <br /> PLANNING ASSISTANCE TO STATES PROGRAM <br /> LETTER AGREEMENT <br /> BETWEEN <br /> CHAPEL HILL, NORTH CAROLINA <br /> AND <br /> U.S. ARMY CORPS OF ENGINEERS <br /> WILMINGTON DISTRICT <br /> FOR <br /> STORMWATER MANAGEMENT PLAN <br /> THIS AGREEMENT, entered into this day of 1997, by and between <br /> the United States of America (hereinafter called the "Government) , represented by the <br /> District Engineer executing this Agreement, and Chapel Hill, North Carolina, (hereinafter <br /> called the "Sponsor*) . <br /> WITNESSETH, THAT <br /> WHEREAS, Section 22 of the Water Resources Development Act of 1974 (Public Law 93- <br /> 251) , as amended, authorizes the Secretary of the Army, acting through the Chief of <br /> Engineers, to assist the states in the preparation of comprehensive plans for the <br /> development, utilization, and conservation of water and related land resources; and <br /> WHEREAS, Section 319 of the Water Resources Development Act of 1990 (Public Law 101- <br /> 640) authorizes the Secretary of the Army to collect from <br /> non-Federal entities fees for the purpose of recovering fifty (50) percent <br /> of the cost of the program established by Section 22; and <br /> WHEREAS, the State's Section 22 Coordinator has reviewed the State's comprehensive <br /> water plans and identified the need for planning assistance as described in. the .Scope of <br /> Studies (Appendix A) incorporated into this Agreement; and <br /> WHEREAS, the Sponsor has the authority and capability to furnish the cooperation <br /> hereinafter set forth and is willing to participate in the :Study cost-sharing and <br /> financing in accordance with the terms of this Agreement; <br /> NOW THEREFORE, the Parties agree to the following: <br /> 1. The Government, subject to the availability of funds, using funds contributed by <br /> the Sponsor and appropriated by the Congress, shall expeditiously prosecute and complete <br /> the Study, currently estimated to be completed in two phases of 12 months each from the <br /> date of this Agreement, substantially in compliance with the Scope of Studies attached as <br /> Appendix A and in conformity with applicable Federal laws and regulations. <br /> 2. The Government and the Sponsor shall each contribute, in cash, <br /> fifty (50) percent of the total Study cost, which is currently estimated to <br /> be $200,000, to be provided in two installments of $50,000 each for Phases I and II, <br /> respectively, as specified in the cost estimate attached as Appendix A, provided that the <br /> Government shall not obligate any cash contribution by the Sponsor toward Study costs <br /> until such cash contribution has actually been made available to it by the Sponsor. At <br /> the time of signing this letter Agreement, the sponsor agrees to provide checks totalling <br /> $50,000 for Phaser.'Z, which shall be made payable to F & AO, USAED Wilmington. Upon <br /> completion of Phase I and prior to beginning Phase II, the sponsor agrees to provide the <br /> balance of $50,000, to be made payable in the same manner as indicated above. <br /> 2 <br />