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RETURN THIS COPY TO THE CLERK'S <br /> OFFICE FOR THE PERMANENT AGENDA FILE <br /> AGREEMENT TO MODIFY THE DEVELOPMENT IP/g-F (42 4 <br /> AND JOINT USE AGREEMENT FOR THE SMITH MIDDLE �� <br /> SCHOOL FIELDS <br /> WHEREAS, on or about ,, Ce-11 .2 , 2001, the Town of Carrboro, North <br /> Carolina, a North Carolina municipal corporation, 301 W. Main Street, Carrboro,North Carolina <br /> 2751 (hereinafter referred to as the "Town"), the County of Orange, a North Carolina municipal <br /> corporation, 200 S. Cameron Street,Hillsborough,North Carolina, 27278 (hereinafter referred to <br /> as the"County"), and the Chapel Hill-Carrboro City Board of Education, a school administrative <br /> unit under the laws of the State of North Carolina, Lincoln Center, 750 S. Merritt Mill Road, <br /> Chapel Hill,North Carolina,27516 (hereinafter referred to as the"Board of Education") entered <br /> into a Development and Joint Use Agreement (the "Original Agreement") for the use and <br /> maintenance of a facility to be built by the Board of Education on property leased by the County, <br /> referred to as the"R.D. and Euzelle P. Smith Middle School(the"School Site"); and <br /> WHEREAS, the School Site has been built, and the various athletic fields which are the <br /> subject of the Original Agreement have been completed; and <br /> WHEREAS, the parties to the Original Agreement now desire to modify certain portions <br /> and terms of that Agreement as herein specified. <br /> NOW, THEREFORE, based on the premises, and for good and valuable consideration, <br /> the receipt and sufficiency of which are hereby acknowledged by the parties hereto, is agreed as <br /> follows: <br /> 1. At Section 4, entitled "Utilities, Maintenance and Upkeep" of the original <br /> Agreement, shall be amended by deleting the second and third sentences of subparagraph (a), so <br /> that subparagraph(a), as amended,reads as follows: <br />