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<br />AGREEMENT <br />THIS AGREEMENT is dated as of November 1, 2004, and is entered into by and <br />between ORANGE COUNTY, NORTH CAROLINA (the "County") and THE ORANGE <br />COUNTY BOARD OF EDUCATION (the "School Board"). <br />WITNESSETH: <br />The County and the School Board have agreed upon a plan for the construction of certain <br />sitework/improvements to the School Board middle school #3 and certain sitework/ <br />improvements to the County West Ten soccer complex (the "Project"), as more particularly <br />described on Exhibit A. As part of the plan, the County desires to designate the School Board as <br />its agent to carry out the Project, and the School Board is willing to accept such an appointment <br />pursuant to the terms of this Agreement. <br />Also as part of the plan, the County and the School Board have agreed to share access <br />drives, parking areas, water and sewer system easements and water and sewer system facilities as <br />are described in this Agreement and as will be described in the future. <br />NOW, THEREFORE, for and in consideration of the mutual promises herein contained <br />and for other valuable consideration, the parties agree as follows: <br />ACCESS AND UTILITY EASEMENTS. <br />The County and the School Board agree that the middle school and the soccer complex <br />will share access drives, parking areas and, to the extent necessary, practical and convenient, <br />water system, sewer system and other utility easements and facilities. <br />The County and the School Board, by this Agreement, agree to grant to each other non <br />exclusive easements appurtenant in the land of the other as described on Exhibits B and C, which <br />easements will run with the land of the Grantee, for the purpose of locating access drives-and <br />parking areas. The County and the School Board further agree that they will grant to each other <br />such sewer system, water system and other utility easements that are practical and convenient, <br />once surveys of those particular easements are approved by the County and the School Board. <br />THE PROJECT. <br />1. APPOINTMENT; ACCEPTANCE. <br />The County appoints the School Board as its agent to carry out the Project as more <br />specifically defined on Exhibit A incorporated by reference herein. The School Board, as the <br />County's agent, assumes all the County's rights, duties and responsibilities regarding such <br />matters, except as limited in this Agreement. The School Board will appoint no further agent to <br />assume such rights or carry out such duties and responsibilities without the prior written consent <br />