2001 S Co Manager - Town of Carrboro - Development Joint Use Agreement for Smith Middle School Fields 02-20-2001 9b

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w~E.EAS, it is understood by the parties that the land on which the specific fields referred to herein are to be located is owned by the University of North Carolina at Chapel Hill and is Mate property that the land on which the ~e~ds referred to herein are to be, located is leased to the Grange County Can:~~issianers for the specific purpose of providing additional land far he~ Schaal Site, and that all agree~n.ents between the parties will be subject to the underlying lease agreements and rights of the Mate of Narth Carolina and the university of Noah Carolina at Chapel Mill but in na event shall the County's and the Town's access to the soccer field ider~tif~ed as Field ~b i~ this Agree~.ent, once constructed, be denied or lirnited during the teen. of this Agreement; and ~~~.EAS, the Board of Education has ar expects to have control of land currently owned by the University of Forth Carolina at Chapel Hill which is to be leased to the grange County Co:~missianers for use by the Chapel Hill-Carrboro City Schools, and has represented that the leasing arrangement has been approved by the Board of Trustees of the University of North Carolina at Chapel Hill and currently awaits approval by the Council of State, that the plan to construct new recreational and athletic fields on the property which will be the subject of the lease, and that the development of the fields referred to herein is specifically conditioned upon ~.e final execution and approval of that lease by the Council of State, the university of North Carolina at Chapel Hi11, tie grange County Co~i~nissioners, and the Chapel dill-Carrb~ro City Board of Education. New, T~RFF~~.E, in consideration of the foregoing anal of the mutual promises aid obligations set forth herein, the receipt and sufficiency of which is hereby ac~riawledged, the parties agree as follows: