2002-04-08 Regular Meeting and Workshop Meeting

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e e WHEREAS, both the GLO and the Qualified Project Partner desire to cooperatively undertake an evaluation of the alternatives to determine the feasibility, cost, and financing of different methods of avoiding, slowing, or remediating coastal erosion as identified in the Project Goal Summary; NOW THEREFORE, in consideration of the benefits to the State of Texas, the GLO and the Qualified Project Partner enter into this Agreement and hereby agree as follows: I.' ALTERNATIVES ANALYSIS 1.01. AL TERNATIVES ANALYSIS. The parties agree to cooperatively evaluate alternatives for addressing erosion problem(s) identified in the Project Goal Summary, attached hereto and incorporated herein by reference as Attachment A, to assess the feasibility, cost, and financing of different methods of avoiding, slowing, or remedying coastal erosion at Sylvan Beach, City of La Porte, Harris County, Texas (the Alternatives Analysis). The parties shall complete the Alternatives Analysis in accordance with the Wark Plan, attached hereto as Attachment B and incorporated herein for all purposes. 1.02. NO COMMITMENT. The parties agree and acknowledge that by undertaking of this Agreement the GLO neither expresses nor implies any commitment to fund construction of any erosion response projects that may be evaluated in the Alternatives Analysis pursuant to this Agreement. 1.03. COASTAL BOUNDARY SURVEY. The Qualified Project Partner agrees and acknowledges that in the event a coastal boundary survey is required for the Alternatives Analysis, the survey will be conducted in conformance with Section 33.136 of the Texas Natural Resources Code. Maps, surveys and/or profiles to be completed under this Agreement shall not include delineating or mapping vegetation, the line of vegetation or the landward boundary ofthe public beach. Work products provided under this Agreement shall not include any mention of the location of the line of vegetation or 'the boundary of the public beach. For any work funded in whole or part by funds from the Account, vegetation, the line of vegetation and/or the landward boundary of the public beach can only be mapped, delineated, or described with specific written authorization from the GLO. A coastal boundary survey performed pursuant to this Agreement must contain the following statement: "This survey does not nor is it intended to be used to identify, delineate or fix the line of vegetation or the landward boundary of the public beach. " II. TERM. 2.01. DURATION. This Agreement shall be effective on the date the last party executes this Agreement, and shall terminate upon the completion of the Work Plan or August 31, 2003, whichever is earlier. 2.02. EARLY TERMINATION. This Agreement may be terminated by either party by giving written notice specifying a termination date at least thirty (30) days subsequent to the date of the notice. 2