2001 NS County Mgr - Smith Middle School Use and Lease Agreement

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01131/2001 10:58 9199187346 ZONING &INSPECTIONS PAGE 11 1. Whereas the Orange County Commissioners (County), the Town of Carr (Town) and the Chapel Hill- Carrboro Board of Education (the Board) en a separate agreement to construct athletic field 3b at the Smith Middle Sc to be primarily set aside for recreational use by the Town and County. 2. Since the making of said agreement, additional costs have been discovers construction of this field because it will be partially located in a drainage Carrboro. Town of Carrboro ordinances requires enhancements to the dr way. The cost of such enhancements was not addressed in the original aE 3. Recognizing that the Board of Education is constructing athletic field 3b primary benefit of the Town and County, the Town and County agree to reimburse the Board for all costs incurred in complying with the Town of Carrboro's ordinances pertaining to enhancements of the drainage way ul written notification of the total amount by the Board of Education. The c this work are estimated to be $83,000. The Town shall pay 50% of such ($41,500) and the County shall pay 50% of such costs ($41,500). The reimbursement shall occur not later than the 2001 -2002 fiscal year. 4. This memorandum of understanding hereby amends the Development Use Agreement dated January 25, 2001 entered into by the Town of C� Orange County and the Board of Education. To the extent that any prc this agreement conflicts with any provision of the prior agreement, the in this agreement controls. IN WITNESS WHEREOF, the parties of this Agreement have duly and validly it and caused it to be executed in their behalf by the undersigned agents. This the 360- day of ^ 2001. EL L- CARRBO O BOARD OF EDUCATION Nicolas Didow, Chair Attest.' Valarie Foushee, Vice -Chair :red into Lool site I for the vay in inage ,eement. )r the )n sts for Dsts Joint )ro, on of 12