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3 <br />WHEREAS, the parties recognize the mutual benefit in the Town's acting as lead entity for <br />programming of such facilities during non - school hours and for communicating with the Board <br />of Education and County regarding that programming; and <br />WHEREAS, the Board of Education, the County and the Town have consulted each other and <br />have determined that their respective interests may be furthered if an additional recreational field <br />and related amenities for joint use are developed at the School Site contemporaneously with the <br />construction of the Smith Middle School; and <br />WHEREAS, the Board of Education, the County and the Town have recognized the need for <br />additional public athletic fields, and particularly soccer fields, that can be made available for <br />governmental and private organizations to program and expand recreational opportunities in the <br />area; and <br />WHEREAS, the Board of Education, the County and the Town agree that community use of the <br />recreational fields and parking lots at the Chapel Hill High School, Seawell Elementary School <br />and Smith Middle School would benefit the citizens of Carrboro and Orange County; and <br />WHEREAS, the laws of the State of North Carolina provide that the parties hereto may contract <br />and agree, each with the other, for the joint use of facilities for the stated public purposes; and <br />WHEREAS, in furtherance of the aforesaid, the parties hereto do propose to contract and agree <br />for a period of thirty (30) years, to jointly use and mutually operate recreational fields and <br />appurtenant facilities all of which are to be constructed by the Board of Education on the <br />School Site; and <br />WHEREAS, the implementation of this Agreement would fulfill substantial Board of Education, <br />County and Town needs, and be of significant mutual benefit to the parties hereto, and to the <br />public generally; <br />2 <br />