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~ - <br />* ~ ~ RETURN THIS COPY TO THE CLERK'S <br />OFFICE FOR THE PERMANENT AGENDA FILE <br />AGREEMENT TO MODIFY THE DEVELOPMENT ~~~ b~2.~0 <br />AND JOINT USE AGREEMENT FOR THE SMITH MIDDLE <br />SCHOOL FIELDS <br />WHEREAS, on or about e;,ru.I.41 .2 ~ , 2001, the Town of Carrboro, North <br />-7 <br />Carolina, a North Carolina municipal corporation, 301 W. Main Street, Carrboro, North Carolina <br />2751 (hereinafter referred to as the "Town"), the County of Orange, a North Carolina municipal <br />corporation, 200 S. Cameron Street, Hillsborough, North Carolina, 27278 (hereinafter referred to <br />as the "County"), and the Chapel Hill-Carrboro City Board of Education, a school administrative <br />unit under the laws of the State of North Carolina, Lincoln Center, 750 S. Merritt Mill Road, <br />Chapel Hill, North Carolina, 27516 (hereinafter referred to as the "Board of Education") entered <br />into a Development and Joint Use Agreement (the "Original Agreement") for the use and <br />maintenance of a facility to be built by the Board of Education on property leased by the County, <br />referred to as the "R.D. and Euzelle P. Smith Middle School (the "School Site"); and <br />WHEREAS, the School Site has been built, and the various athletic fields which are the <br />subject of the Original Agreement have been completed; and <br />WHEREAS, the parties to the Original Agreement now desire to modify certain portions <br />and terms of that Agreement as herein specified. <br />NOW, THEREFORE, based on the premises, and for good and valuable consideration, <br />the receipt and sufficiency of which are hereby acknowledged by the parties hereto, is agreed as <br />follows: <br />1. At Section 4, entitled "Utilities, Maintenance and Upkeep" of the original <br />Agreement, shall be amended by deleting the second and third sentences of subparagraph (a), so <br />that subparagraph (a), as amended, reads as follows: <br />