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3 <br />NORTH CAROLINA <br />ORANGE COUNTY <br />NORTH CAROLINA DEPARTMENT OF 5/09/07 <br />TRANSPORTATION <br />AND <br />CONGESTION MITIGATION AND <br />AIR QUALITY (CMAQ) AGREEMENT <br />COUNTY OF ORANGE PROJECT: C-4932 <br />CFDA NO. 20.205 <br />THIS CMAQ AGREEMENT is made and entered into on the last date executed below, <br />by and between the North Carolina Department of Transportation, an agency of the State of <br />North Carolina, hereinafter referred to as the "Department" and the County of Orange, <br />hereinafter referred to as the "County". <br />WITNESSETH: <br />WHEREAS, Title 23, Section 149 of the United States Code establishes a Congestion <br />Mitigation and Air Quality Improvement Program; and, <br />WHEREAS, the County has requested CMAQ provide funding for the construction of a <br />125 space park and ride lot, Orange County, North Carolina; and, <br />WHEREAS, the Department has programmed funding in the 2006-2012 Transportation <br />Improvement Program, as revised, for said Project C-4932, Orange County; and, <br />WHEREAS, the Department and the County have agreed to assume certain <br />responsibilities for said project as hereinafter set out. <br />WHEREAS, the parties hereto shall execute this Agreement within ninety (90) days of <br />receipt of this Agreement. In the event the County fails to execute said Agreement within ninety <br />(90) days of receipt, said party shall be evaluated by the Department to determine whether <br />forfeiture of CMAQ funds is warranted; and <br />NOW, THEREFORE, in consideration of the foregoing recitals, the mutual agreements <br />set forth below and other good and valuable consideration, the receipt and sufficiency of which <br />are hereby acknowledged, the parties agree as follows: <br />-3- <br />