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Version approved by Orange County Commissioners on 2/20/01 0:114 <br />STATE OF NORTH CAROLINA DEVELOPMENT AND <br />JOINT USE AGREEMENT <br />COUNTY OF ORANGE <br />RETURN THIS COPY TO THE CLERK'S <br />OFFICE FOR THE PERMANENT AGENDA FILE <br />deuertf Jyrv4k.e's copy <br />THIS AGREEMENT, made and entered into by and between the Town of Carrboro, North <br />Carolina, a North Carolina municipal corporation, 301 West Main Street, Carrboro, North <br />Carolina 27510 (hereinafter referred to as the "Town "), the County of Orange, a North Carolina <br />municipal corporation, 200 S. Cameron Street, Hillsborough, North Carolina 27278 (hereinafter <br />referred to as the "County "), and the Chapel Hill - Carrboro City Board of Education, a school <br />administrative unit under the Iaws of the State of North Carolina, Lincoln Center, 750 S.. Merritt <br />Mill Road, Chapel Hill, North Carolina 27516 (hereinafter referred to as the "Board of <br />Education "), for the joint use and maintenance of facilities to be built by the Board of Education <br />on property leased by the County, hereinafter referred to as the "R.D. and Euzelle P. Smith <br />Middle School" (the "School Site "). <br />WITNESSETH <br />WHEREAS, the parties to this Agreement are public bodies, politic and corporate, under the <br />laws of the State of North Carolina; and <br />WHEREAS, the parties are vested with the power and authority to own and improve real estate <br />for recreational and other public purposes; and <br />WHEREAS, the Board of Education is in the process of finalizing plans for the construction of <br />the Smith Middle School and appurteriant recreational fields on the School Site; and <br />WHEREAS, the Board of Education, the County and the Town recognize that there may be <br />mutual benefits and cost savings associated with a cooperative effort to develop recreational <br />facilities for shared use; and <br />