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01/31/2001 10:58 9199187346 <br />ZONING &INSPECTIONS <br />identified as Field 3b in this Agreement, once constructed, be denied or limited <br />of this Agreement; and, <br />WHEREAS, the Board of Education has or expects to have control of <br />owned by the University of North Carolina at Chapel Hill which is to be leased <br />County Commissioners for use by the Chapel Hill- Carrboro City Schools, and h <br />- that the leasing arrangement has been approved by the Board of Trustees of the <br />North Carolina at Chapel Hill and currently awaits approval by the Council of 5 <br />Plan to construct new recreational and athletic fields on the property which will be <br />the lease, and that the development of the fields referred to herein is specificall <br />upon the final execution and approval of that lease by the Council of State, the <br />North Carolina at Chapel Hill, the Orange County Commissioners, and the Chapel <br />City Board of Education. <br />NOW, THEREFORE, in consideration of the foregoing and of the mutual <br />obligations set forth herein, the receipt and sufficiency of which is hereby <br />parties agree as follows: <br />1. <br />The Board of Education plans to improve existing recreational and athletic fields an <br />new fields at the Smith Middle School site. By this Agreement, the Board of Educai <br />construct an additional recreational field on a portion of the Smith Middle School <br />situated in the Town of Carrboro. The additional recreational field and the genera <br />the site of all planned fields are more particularly depicted as fields numbered 1, 3a, <br />the Overall Site Plan annexed to this Agreement as Schedule A. The add <br />specifically one of the two soccer fields and is identified on Schedule A as Field <br />and contingent on the Board of Education obtaining such governmental approvals, <br />funding as may be required by applicable state and local laws and ordinances for the <br />of the recreational fields, the recreational fields which are the subject of <br />3 <br />PAGE 04 <br />inu the term <br />id currently <br />the Orange <br />represented <br />niversity of <br />te, that the <br />Le subject of <br />conditioned <br />niversity of <br />ill- Canboro <br />and <br />the <br />canoe: <br />to construct <br />Dn agrees to <br />ite which is <br />location at <br />fb, and 4 on <br />nal field is <br />Subject to <br />)ermits, and <br />:onstruction <br />Agreement <br />S <br />