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HomeMy WebLinkAboutAgenda - 04-01-1997 - 9d f s 1 Y ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date:April 1. 1997 Action Agenda Item SUBJECT: Corps of Engineers Drainage Basin Study - Funding Agreement with Town of Chapel Hill DEPARTMENT: Planning PUBLIC HEARING: _Yes_X_No BUDGET AMENDMENT REQUIRED: —X—Yes No ATTACHMENT(S): INFORMATION CONTACT: Program Summary Mary Willis, Extension 2583 Scope of Services Map of Study Area TELEPHONE NUMBERS: Correspondence Hillsborough- 732-8181 Draft Agreement Between Corps and Chapel Hill Durham - 688-7331 Draft Agreement Between Orange Co. and Chapel Hill Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To authorize execution of an agreement between Orange County and Chapel Hill which would commit Orange County to contribute two installments of$6,250 to a drainage basin study to be conducted by the Army Corps of Engineers for Booker, Bolin and Morgan Creeks BACKGROUND: Following the rains which occurs in August of 1995,the Chapel Hill Town Council received a report from the Town Manager, discussing the resultant flooding and responding to several petitions from residents whose property was flooded. The report included the follow-up tasks listed below: 1. Implement any necessary changes in personnel equipment, or procedures for future emergency response efforts. 2. Investigate of U.S. Corps of Engineers Planning Assistance To States Program and report back to the Council with findings and a suggested process for including neighboring jurisdictions and the University. 2 3. Prepare recommendations for new development density and impervious surface limitations within the Town's Planning Jurisdiction and a suggested process for including neighboring jurisdictions and the University. 4. Identify and annual stream maintenance plan and include funding request in FY 1996-97 budget. Task#2, shown above in boldface type, is the subject of this agenda item. Assistance to States Program - Section 22 Studies The U.S. Army Corps of Engineers offers assistance to States and their political subdivisions to help with water resource problems. The Planning Assistance to States Program provides for Section 22 studies to assist with flood control planning, water supply development and water conservation, wetland preservation, etc. • Scope of Services In December of 1995, the Mayor of Chapel Hill contacted representatives from Carrboro, UNC, and Orange County to determine interest in a jointly- funded flood control study of the Bolin, Booker, and Morgan Creek watersheds. Each agency responded favorably and designated staff members for an ad hoc committee to further explore the possibility of such a study. Representatives from the Corps of Engineers and the North Carolina Department of Environment,Health and Natural Resources (DEHNR)met with this ad hoc committee and described the services that could be provided and the process for applying for a flood control study. Based on the information provided by the Corps and DEHNR the committee drafted a scope of services which included the following key elements: • Development of a watershed computer model for each basin. • Investigation of stormwater management alternatives for each basin, including economic and environmental analyses of each alternative • Hydrologic and hydraulic analyses necessary for updating floodplain mapping • Environmental planning assistance, including wetland delineation and assessment 3 The Corps advised the committee in the fall of 1996 that they would assist with the study elements listed. The proposed study would utilize the Chapel Hill GIS to capture and maintain information on each watershed. Specific items which would be incorporated into the GIS data base would include information on: land coverage, land uses, soil types and characteristics,topography, and other physical attributes of the land. Using modeling software, the impacts of development and proposed mitigation measures could then be analyzed with respect to their effect on stormwater management.. In addition, floodwater surface elevations for 5, 10, 25, 50 and 100-year storm events could be established in previously unmapped areas, and existing floodplain maps could be updated. Costs and Cost Sharing The estimated cost for the study is approximately $200,000 over two years. Funding for projects in the Planning Assistance to States Program projects is on a 50150 basis, with the Corps of Engineers paying 50%of the cost and the local government units paying the remaining 50%. The State may also share in up to 50% of the local cost. DEHNR has agreed to pay 50%of the local share. The remaining local share would consist of contributions from Chapel Hill, Carrboro, Orange County and UNC. If all four entities participate, the total contribution from each would be $12,500, in two installments of$6,250. In order to simplify administration,the contract for the Study is proposed to be only between the Corps of Engineers and the Town of Chapel Hill. The Agreement between the Corps and Chapel Hill calls for the study to be completed in two 12-month phases. Phase I would begin at the time that the contract is executed. The first local-share installment of$50,000 would be required at that time. The second and final local-share installment will be required upon the conclusion of Phase I, but prior to the beginning of Phase II. The contract between Chapel Hill and the Corps will be executed prior to July 1, 1997. The first installment from DEHNR is budgeted for the 1996- 97 fiscal year, which ends June 30. The funds for Chapel Hill's first installment are now available in a stormwater account. UNC funds are also available. The Carrboro Board of Aldermen is tentatively scheduled to render a decision regarding its contribution in mid-to late-April. f 4 ' COST ESTIMATE AND DISTRIBUTION BOLIN,BOOKER AND MORGAN CREEK DRAINAGE BASIN STUDY Total Cost Annual Cost Corps DEHNR Local Share Share Share Watershed Model $54,000 Chapel Hill $6,250 Profile Modeling $53,000 Year 1 $100,000 $50,000 $25,000 Carrboro $6,250 Management Alternatives $56,000 Orange County $6,250 Report Preparation $ 8,000 UNC $6,250 Training Cost $ 8,000 Chapel Hill $6,250 Contingency $21,000 Year 2 $100,000 $50,000 $25,000 Carrboro $6,250 TOTAL $200,000 Orange County $6,250 UNC $6,250 RECOMMENDATION: The Administration recommends: 1) That the Board of Commissioners authorize execution of the attached agreement between Orange County and the Town of Chapel Hill concerning funding for a drainage basin study for Bolin,Booker and Morgan Creeks; and 2) That the first installment of$6,250 be appropriated from the Board of Commissioners FY 1996-97 contingency fund.. 3) That the second installment of $6,250 be included in the FY 1997-98 budget. Alternatively,the first installment could be included in the FY 1997-98 budget instead of being appropriated from the contingency fund of the current budget. In that case, Orange County's share for Phase I would initially be paid by Chapel Hill. The Town would be reimbursed after July 1, 1997. FLOOD PLAN MANAGEMENT SERVICES PROGRAM 5 OF THE U. S. ARMY CORPS OF ENGINEERS The Flood Plain Management Services Program is the Corps means of using its technical expertise in flood plain management matters to help those outside the Corps, both Federal and non-Federal, to deal with floods and flood plain.related matters. Section 206 of the Flood Control Act of 1960, as amended, provides the authority for this program. Upon request, and without charge, the Corps of Engineers will furnish to States, counties, and cities the flood plain information and technical assistant needed in planning for prudent use of Iand subject to flooding from streams, Ickes, and' oceans. Requests are also honored from individuals.when necessary information is readily available. Assistance is given within the limits of ava.ilable appropriations, which have averages around $6.8 =11lion annually over the last five years. Requests are also honored from Federal agencies and private persons on a fully reimbursable basis. PROGRAM OBJECTIVES T-ne objective of the Flood Plain Management Services (FPMS) Program is to support comprehensive flood plain management plate with technical services and planning guidance at all appropriate governmental levels; and thereby, to encourage and to guide them toward prudent use of the Nation's flood plains for the benefit of the national economy and welfare. For other Federal agencies, this is especially important because they must meet the.requirements of Executive Order 11988, titled 'P7oodplain Management." Adjustment of land use based on proper planning and employment of a -%-ariety of techniques for reducing flood damage potential constitutes a rational means by which the locational advantages any natural resources values of flood plains can be balanced with the inevitable hazards which floods pose. TYPES OF ACTIVITIES Upon request, the FPMS Program provides a full range of technical services and planning guidance on floods and flood plain issues within the broad umbrella of flood plain management. With minor exceptions, services are non-reimbursable. However, involvement of requestors is encouraged. They may furnish field survey data, maps, historical flood information and the like. Such partici- pation by requesters can help to reduce costs to the general public, to set work priorities;-and to assure continued community interest. Activities under the Corps FPMS Program are described below. 6 GENERAL TECHNICAL SERVICES Flood and flood plain related data .are obtained or developed and interpreted. Topics include: flood formation and timing, flood depth or stage,.flood-water velocity, extent of flooding, duration of flooding, flood frequency, obstruction to flood flows, "regula- tory floodways," natural and cultural resource values of note, and flood loss potentials before and after employment of flood plain management measures. GENERAL PLANNING GUIDANCE Planning assistance and guidance is provided for implementing or meeting requirements o£ flood plain regulations; flood warning and flood emergency preparedness; hurricane evacuation planning, flood proofing measures (e.g;, elevation, closures and seals, and anchorage); permanent evacuation and relocation; the National Flood Insurance Program; and Executive Order 11988. The Corps assists in all aspects of flood plain management planning. 'This*can range from helping a community identify the future of the flood plain and related problems (of both the flood modifying and occipance modifying varieties) that may be appropriate. Included are the possible impacts of off-flood plain land use changes on th physical, socio-economic and environmental conditions of the flood plain.. GUIDES, PAMP=TS AND SUPPORTING STUDIES T"ne Program includes studies to.improve methods and procedures for flood damage prevention and abatement, and preparation of guides and pamphlets on topics such as flood proofing, flood plain regulations, flood plain occupance, economics of flood plain regulations, and iraportant natural flood plain values. Guides and pamphlets are prepared for use by States-and local governments, by private citizens, and by Federal agencies in planning and in taldng action to reduce flood damages or damage potentials as part of a flood plain management program. + r 7 SCOPE OF STUDY CHAPEL HILL - CARRBORO, NC SECTION 22 STUDY STUDY PURPOSE: The purpose of the study will be to develop a watershed stormwater management plan to assist the Towns of Chapel Hill and Carrboro, NC, Orange Country, NC and the University of North Carolina at Chapel Hill with management of stormwater runoff. This region of North Carolina is growing rapidly and the growth is placing a strain on the exiting storm water management facilities in the region creating flooding more frequently. STUDY AREA:. The study covers an approximately 60 square mile area of Orange County, NC which includes the Towns of Chapel Hill and Carrboro, NC. The enclosed map shows the general area of the study. There are two major watersheds in the study area both of which begin west of Chapel Hill and Carrboro. The Morgan Creek watershed, which is in the southern portion covers approximately 60 percent of the study area. The Bolin Creek-Little Creek watershed covers approximately 40 percent of the area and is in the northern portion of the study area. The lower limits of the study/ will be the headwaters of B. Everett Jordan Reservoir. SCOPE OF STUDY: The main objective will be to develop a watershed stormwater runoff model and water surface profile model for the streams within the study area which will enable the communities involved to better quantify the volume of stormwater runoff for both present and future land development. The models will be developed using the latest technology for stormwater modeliing studies. Field data where possible will be obtained using GPS technology. Data will be developed in a manner such that it can be graphically saved and displayed using the Arc/Info GIS System. WORK ITEMS: The study will include the following general work items: 1. Watershed model: Develop a stormwater runoff model for the streams indicated above. The model will be capable of utilizing input, such as land use, soil types, stream slopes, and gradients from a GIS database to develop the hydrologic parameters necessary for the model output. The 8 , model will be developed for both present and if available estimated future land use patterns. 2 . Water Surface Profile Model. The computer program HEC-RAS will be used to develop water surface profiles. Valley cross section information will be developed utilizing digitized topographic data and field surveyed stream sections and bridge data. Water Surface profiles will be developed for the 10, 25, 50 and 100 year flood events. Water surface profiles will be developed for both present and future conditions. 3 . Flood Reduction Alternatives. Develop conceptual flood reduction alternatives which can be used to make decisions concerning management of stormwater runoff. 4 . Report preparation and training. A technical report will be provided at the end of the study explaining the methodology used to develop the models. Corps of Engineers personnel will assist the local sponsors in the use of any models developed during the study. FUTURE WORK ITEMS: Dependent of future funding abilities of both the Corps of Engineers and the local 'sponsors, the study effort may be expanded to include planning for more comprehensive watershed management. Future work items may include: 1. Alternatives for flood damage reduction planning a. Flood warning systems b. Comprehensive watershed planning database c. Digitized Flood Plain mapping d. FIS digitized mapping e. GIS mapping for State water plan 2 . Economic Analysis studies ar. Flood hazard evaluation studies 3 . Environmental planning a. Wetland delineation and assessment 4 . Hydrologic/Hydraulic studies a. Hydrologic Modeling for non-point source pollution b. Future retention basin studies 9 Cost Estimate The estimated cost of the work items described above are: Work Item Estimated Cost 1. Watershed Model $ 54, 000 . 00 2 . Water Surface Profile Modeling $ 53, 000 . 00 3 . Management Alternatives $ 56, 000 . 00 4 . Report Preparation $ 8, 000. 00 S . Training Cost $ 8, 000 . 00 Total Estimated Cost $179, 000 . 00 bCv,•.�i,,,,.rte.,.c>-��`t � Z r � �,oC� I J " , NO it W ,��., �„,y a a r '�`� ,'�d '��-�r,�4�TT�3��bF`�ctt7 �2y�,?�,,�a��' r <°• � n��u Fa L 1 V 11 TOWN OF CHAPEL HILL 306 NORTH COLUMBIA STREET CHAPEL HILL, NORTH CAROLINA 27516 OFFICE OF'rHE MAYOR (919)968-271- FAX 91n.967-8406 December 8, 1995 Mr. (Moses Carey, Jr., Chairman Orange County Board of Commissioners P.O. Box 8181 Hillsborough, NC 27278 Dear Mr. C , Jr.: /;I6s�,s In late October Mayor Kenneth Broun sent a letter requesting that the County assign a representative to meet with other local officials and the Corps of Engineers to discuss and develop a jointly funded flood-mitigation study of the Bolin, Booker, and Morgan Creek watersheds. ` We are very interested in convening this group to discuss the process for requesting Corps of Engineers'assistance with the proposed study which would affect all of our organizations. Please notify me of the representatives) from the County who will be assigned to this endeavor. Once I hear from you, I will ask the Town Manager to arrange an information meeting with the Corps officials to begin the study development process. Thank you for your assistance and cooperation in this important effort to manage our collective stormwater runoff. Sincerely, �5 Rosemary Waldorf, Mayor RW/jcf ECEIVE State of North Carolina 12 Department of Environment, , Health and Natural Resources Division of Water Resources James B. Hunt,Jr., Governor C Jor•,crncn B. Hawes, Secretary C John N. Morris;Director January 27, 1997 Lt. Col. Terry R. YoungbIuth District Engineer Wilmington District, U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, North Carolina 28402-1890 Dear Lieutenant Colonel Youngbluth: The Division of Water Resources requests that the Wilmington District initiate a Section 22 Planning Assistance to States Program Study of flooding and flood control alternatives in the Bolin, Booker, and Morgan Creek Watersheds in the Towns of Carrboro and Chapel Ell and in Orange County, North Carolina. This flood control study is the State of North Carolina's number one priority for Section 22 studies during Fiscal Year 1996-97. The Department of Environment,Health, and Natural Resources will provide the non- federal portion of the first year's study costs ($50,000) after the local project agreement has been signed. For your information, this $50,000 total will consist of a State water resources grant of $25,000 and four 56,250 contributions from each of the local project sponsors: Town of Carrboro, Town of Chapel Hill, Orange County, and the University of North Carolina at Chapel Hill. The second year's study costs(also $50,000) will be provided in the same manner as in the first. We have enclosed a letter resolution and memorandum from the Town of Chapel Hill describing this funding arrangement. We look forward to working with the Wilmington District on this study effort. Sincerely yours, hn N. Morris JNM/bb Enclosure P.O. Box 27687,Raleigh.North Carolina 27611-7687 Telephone 919-733-4064 An Equal Cocortur.-y Affrmative Action Employer co%recyctea/ 1o%pce-ccnsumer paper State of North Carolina 13 Department of Environment, Health and Natural Resources A • James B. Hunt,Jr., Governor Jonathan B. Howes, Secretary � C T'? °JAN 3 0 1991 The Honorable Rosemary I. Waldorf Mayor Town of Chapel Hill 306 North Columbia Street Chapel Hill, North Carolina 27516 Dear Mayor orf &.AXXAI I am responding to your December 201 1996 letter concerning a request for the Department to assist in the funding of a flood control study of major drainage basins in and around Chapel Hill. In June of 1996 the Department of Environment, Health, and Natural Resources prioritized ten potential Section 22 Planning Assistance to States Program study efforts. The flood control study of Bolin, Booker and Morgan Creek Watersheds in the Chapel Hill area of Orange County was ranked the number one priority. The General Assembly approved $75,000 for planning assistance study grants during Fiscal Year 1996-97. Thus, I am pleased to inform you that the State will assist you in paying for this flood control study by contributing $25,000 each year of this two year study. See copy of our letter to the Corps requesting the initiation of this study. We believe the Town of Chapel Hill and the other local sponsors of this study have worked very hard with the Corps to develop an excellent study plan. Based on our experience with studies of this type, we encourage your local staff members to work closely with the Corps staff in the implementation of this study so they will understand it fully and can utilize its results to the fullest extent possible. Please call me if we can be of further service. 4 Jona erely, �B Howes Attachment cc: W. Calvin Horton P.O. Box 27687,Raleigh,North Carolina 27611-7687 Telephone 919-715-4100 An Equal Opportunity Affirmctive Action Employer 50%recycfed/10%post-consumer paper t 14 DRAFT 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 1 15 ' DRAFT 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 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. 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 totalling $50,000 for Phaser.'Z, 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 l 16 DRAFT + 3. No Federal grant funds may be used to meet the local Sponsor's share of Study costs under this Agreement unless the expenditure of such funds is expressly authorized by statute as verified by the granting agency. 4. Before any Party to this Agreement may bring suit in any court concerning any issues relating to this Agreement, such Party must first seek in good faith to resolve the issue through negotiation or other form of nonbinding alternative dispute resolution mutually acceptable to the Parties. 5. This Agreement shall terminate at the completion of the Study; provided that, prior to such time and upon thirty (30) days written notice, either party may terminate or suspend this Agreement without penalty. 6. Within ninety (90) days, upon termination or suspension of this Agreement, the Government shall prepare a final accounting of the Study costs, which shall display (1) cash contributions by the Federal Government, (2) cash contributions by the Sponsor, and (3) disbursements by the Government of all funds. Within thirty (30) days after the final accounting, the Government shall, subject to the availability of funds, reimburse the Sponsor for non-Federal cash contributions that exceed the Sponsor's required share of the total Study costs. If there are excess funds remaining after completion of Phase I, the Sponsor may request that excess funds be carried over to Phase II. Within thirty (30) days after the final accounting, the Sponsor shall provide the Government any cash contributions required to meet the Sponsor's required share of the total Study costs. 7. In the event it appears that the total costs of the work subject to the Letter Agreement will exceed $200,000, the Government will notify the Sponsor in writing. If additional Government and Sponsor funds cannot be obtained, the study will be terminated. S. The Government and the -Sponsor act in an independent capacity in the performance of their respective functions under this Agreement, and neither is to be considered the officer, agent, or employee of the other. 9. In the event that any (one or more) of the provisions of this Agreement is found to be invalid, illegal, or unenforceable, by a court of .competent jurisdiction, the validity of the remaining provisions shall not in any way be affected or impaired and shall continue in effect until the Agreement is completed. 10. This Agreement shall become effective upon the signature of both Parties. FOR CHAPEL HILL: FOR THE UNITED STATES: W. Calvin Horton Terry R. Youngbluth Town Manager Colonel, U.S. Army Corps of Engineers Chapel Hill, North Carolina District Engineer Date: Date: 3 17 NORTH CAROLINA AGREEMENT TO UNDERTAKE A U.S. ARMY CORPS OF ENGINEERS PLANNING ASSISTANCE TO STATES PROGRAM JOINTLY WITH THE ORANGE COUNTY TOWN OF CHAPEL HILL,N. C. THIS AGREEMENT is entered into this day of , 1997,by and between the Town of Chapel Hill and the Orange County. Whereas,the Town of Chapel Hill has entered into an agreement with the U. S. Army Corps of Engineers, Wilmington District for a Stormwater management plan of the Morgan Creek and Little Creek watersheds,whereby the Town of Chapel Hill has agreed to"Sponsor"this Planning Assistance to States Program, portions of which lie within Orange County. NOW,THEREFORE, the parties hereby agree as follows: 1. THE PURPOSE OF THE AGREEMENT The Purpose of this agreement is to establish a contractual basis upon which the Town of Chapel Hill will provide services relating to "Sponsoring"a stormwater management plan study by the U.S. Army Corps of Engineers within and on behalf of Orange County. 2. TERM This agreement shall commence at the time when the Town Of Chapel Hill executes an agreement with the U. S. Army Corps of Engineers to "Sponsor"a Stormwater Management Plan and shall terminate at completion of the Plan. 3. SPONSORSHIP OF THE STORMWATER MANAGEMENT PLAN The Town of Chapel Hill agrees to provide"sponsorship"of a Stormwater Management Plan for the portions of the Morgan and Little Creek Drainage Basins in Orange Co. The Drainage Plan shall be conducted by the U.S. Army Corps of Engineers under the "Planning Assistance To States Program" know as Section 22 of the Water Resources Act of 1974. Attached and incorporated by reference is the"PLANNING ASSISTANCE TO STATES PROGRAM, LETTER AGREEMENT BETWEEN CHAPEL HILL, NORTH CAROLINA AND U. S. ARMY CORPS OF ENGINEERS, WILMINGTON i ti - - E DISTRICT FOR STORMWATER MANAGE PLAN" which contains the scope of work to be sponsored by the Town of Chapel Hill. 4. PAYMENT Orange County shall pay to the Town of Chapel Hill $12,500.00 to be provided in two (2) installments of$6,250.00 each. The first installment is due at the time that the Town of Chapel Hill signs the Letter Agreement with the U.S. Army Corps of Engineers. The second installment is due at the completion of phase I of the study and prior to beginning of phase II. Payment may be made by check(s)payable to F &AO,USAED Wilmington and delivered to Chapel Hill. 5. ACCESS TO DATA Orange County shall have reasonable access upon request to the data and information collected by the U. S. Army Corps of Engineers which is in the possession of the Town of Chapel Hill. 6. AMENDMENTS AND MODIFICATIONS It is understood that by mutual agreement this contract may be modified at any time,but such modification shall not be valid unless in writing and signed by both parties. In witness whereof the parties hereto have duly authorized and caused this agreement to be executed as their official act. TOWN OF CHAPEL HILL ORANGE COUNTY Town Manager County Manager Town Clerk County Clerk Town Attorney County Attorney This instrument has been pre-audited in the manner required by the Local Budget and Fiscal Control Act Finance Officer Finance Officer