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RETURN THIS COPY TO THE CLERK'S <br />OFFICE FOR THE PERMANENT AGENDA FItE7 <br />MEMORANDUM OF UNDERSTANDING <br />Whereas the Orange County Commissioners (County), the Town of Carrboro <br />(Town) and the Chapel Hill - Carrboro Board of Education (the Board) entered into a separate <br />agreement to construct athletic field 3b at the Smith Middle School site to be primarily set aside <br />for recreational use by the Town and County. <br />2. Since the making of said agreement, additional costs have been discovered for the construction <br />of this field because it will be partially located in a drainage way in Carrboro. Town of Carrboro <br />ordinances require enhancements to the drainage way. The cost of such enhancements was not <br />addressed in the original agreement. <br />Recognizing that the Board of Education is constructing athletic field 3b for the primary benefit <br />of the Town and County, the Town and County agree to reimburse the Board for all costs <br />incurred in complying with the Town of Carrboro's ordinances pertaining to enhancements of <br />the drainage way upon written notification of the total amount by the Board of Education. The <br />costs for this work are estimated to be $83,000. The Town shall pay 50% of such costs <br />($41,500) and the County shall pay 50% of such costs ($41,500). The reimbursement shall <br />occur not later than the 2001 -2002 fiscal year. <br />4. This memorandum of understanding hereby amends the Development and Joint Use <br />Agreement dated January 25, 2001 entered into by the Town of Carrboro, Orange County and <br />the Board of Education. To the extent that any provision of this agreement conflicts with any <br />provision of the prior agreement, the provision in this agreement controls. <br />IN WITNESS WHEREOF, the parties of this Agreement have duly and validly approved it and caused <br />it to be executed in their behalf by the undersigned agents. <br />This the �� day of ,�r,«�/ )2001. <br />CHAPEL - HILL - CARRBORO BOARD OF EDUCATION <br />Nicolas Didow, Chair <br />Attest: <br />Valarie Foushee, Vice -Chair <br />