1997 S Planning - Corps of Engineers Drainage Basin Study - Funding Agreement with Town of Chapel Hill

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PLANNING ASSISTANCE TO STATES PROGRAM LETTER AGREEMENT BETWEEN CHAPEL HILL, NORTH CAROLINA AND U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT FOR STORMWATER MANAGEMENT PLAN THIS AGREEMENT, entered into this %30)X- day of 1997, by and between the United States of America (hereinafter called the "Government) , represented by the District Engineer executing this Agreement, and Chapel Hill, North Carolina, (hereinafter called the "Sponsor") . WITNESSETH, THAT WHEREAS, Section 22 of the Water Resources Development Act of 1974 (Public Law 93- 251) , as amended, authorizes the Secretary of the Army, acting through the Chief of Engineers, to assist the states in the preparation of comprehensive plans for the development, utilization, and conservation of water and related land resources; and WHEREAS, Section 319 of the Water Resources Development Act of 1990 (Public Law 101- 640) authorizes the Secretary of the Army to collect from non-Federal entities fees for the purpose of recovering fifty (50) percent of the cost of the program established by Section 22; and WHEREAS, the State's Section 22 Coordinator has reviewed the State's comprehensive water plans and identified the need for planning assistance as described in the Scope of Studies (Appendix A) incorporated into this Agreement; and WHEREAS, the Sponsor has the authority and capability to furnish the cooperation hereinafter set forth and is willing to participate in the Study cost-sharing and financing in accordance with the terms of this Agreement; NOW THEREFORE, the Parties agree to the following: 1. The Government, subject to the availability of funds, using funds contributed by the Sponsor and appropriated by the Congress, shall expeditiously prosecute and complete the Study, currently estimated to be completed in two phases of 12 months each from the date of this Agreement, substantially in compliance with the Scope of Studies attached as Appendix A and in conformity with applicable Federal laws and regulations. 2. Subject to the availability of funds, the Government and the Sponsor shall each contribute, in cash, fifty (50) percent of the total Study cost, which is currently estimated to be $200,000, to be provided in two installments of $50,000 each for Phases I and II, respectively, as specified in the cost estimate attached as Appendix A, provided that the Government shall not obligate any cash contribution by the Sponsor toward Study costs until such cash contribution has actually been made available to it by the Sponsor. At the time of signing this letter Agreement, the sponsor agrees to provide checks totaling $50, 000 for Phase I, which shall be made payable to F & AO, USAED Wilmington. Upon completion of Phase I and prior to beginning Phase II, the sponsor agrees to provide the balance of $50, 000, to be made payable in the same manner as indicated above. 2