MEMORANDUM OF AGREEMENT
BETWEEN
THE DEPARTMENT OF THE ARMY
AND
THE CITY OF NEWPORT BEACH
FOR MAINTENANCE DREDGING OF
NEWPORT HARBOR, CALIFORNIA
This MEMORANDUM OF AGREEMENT (hereinafter the "MOA") is entered into this day of , , by and between the Department of the
Army (hereinafter the "Government"), represented by the U.S. Army Engineer, Los Angeles District (hereinafter the "District Engineer"), and the City of Newport Beach (hereinafter the "Contributor"), represented by its Mayor.
WITNESSETH, THAT:
WHEREAS, the Newport Harbor, California maintenance project (hereinafter the "Project") was authorized by the River and Harbor Act of 1937, Pub. L. 75-392, 50 Stat. 844, 849, as amended by the Rivers and Harbors Act of 1945, Pub. L. No. 79-14, § 2, 59 Stat. 10, 21;
WHEREAS, the amount of Federal funds available for maintenance dredging of the Project is sufficient to proceed with dredging contracts but insufficient to perform all scheduled work;
WHEREAS, the Contributor considers it to be in its own interest to contribute funds voluntarily to be used by the Govemment to perform additional maintenance dredging of the Project (hereinafter the "Maintenance Work"); and
WHEREAS, the Govemment is authorized pursuant to 33 U.S.C. 701 h to receive and expend funds to be used for the Maintenance Work.
NOW, THEREFORE, the Govemment and Contributor agree as follows:
1. The Contributor shall provide to the Govemment up to $10,000,000 to pay costs associated with the Maintenance Work, including the costs of environmental compliance, supervision and administration, and engineering and design.
2. Within sixty (60) calendar days of execution of this MOA, the Contributor shall provide the funds to the Govemment by delivering a check payable to "FAO, USAED Los Angeles" to the District Engineer or providing an Electronic Funds Transfer of such flmds in accordance with procedures established by the Govemment.
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