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,- <br />STATE OF NORTH CAROLINA <br />COUNTY OF ORANGE <br />AGREEMENT <br />DUKE UNIVERSITY <br />and <br />COUNTY OF ORANGE <br />/~A ~ q - /.~ -o2ao S <br />G 4- <br />REGARDING UTILIZATION OF FORMER WATER SUPPLY WELL <br />THIS AGREEMENT, made and entered into between Duke University, a North Carolina <br />nonprofit corporation with an address of Campus Drive, Durham, North Carolina 27705 <br />(hereinafter referred to as the "University"), and the County of Orange, a North Carolina <br />municipal corporation, 200 South Cameron Street, Hillsborough, North Carolina 27278 <br />(hereinafter referred to as the "County"), for the utilization of a former water supply well on <br />University property for observation by County. <br />WITNESSETH <br />WHEREAS, the parties are vested with the power and authority to own and improve real estate <br />for educational, research and other purposes; and <br />WHEREAS, Duke University owns a teaching and research forest known as the Duke Forest, <br />which is used for educational and research purposes, which consists of several divisions, <br />including the Blackwood Division located in southern Orange County; and <br />WHEREAS, Orange County is interested in monitoring groundwater conditions across the <br />County, and as such, intends to develop the Orange County Groundwater Observation Well <br />Network, an assemblage of observation wells located across the County; and <br />WHEREAS, the County and the University recognize the mutual benefit and interest of the <br />parties hereto, and to the public generally, in the operation of the proposed Groundwater <br />Observation Well Network; and <br />WHEREAS, the laws of the State of North Carolina provide that the parties hereto may contract <br />and provide for the joint use of facilities for the stated purposes; and <br />WHEREAS, anout-of-service water supply well identified on the map attached as Exhibit 1 <br />hereto ("OOS Well") is located off Eubanks Road in the Blackwood Division of Duke Forest; <br />and <br />