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01/31/2001 10:58 9199187346 ZONING&INSPECTIONS PAGE 04 <br />identified as Field 3b in this Agreement, once constructed, be denied or limited d the term <br />of this Agreement; and <br />WHEREAS, the Board of Education has or expects to have control of land currently <br />owned by the University of North Carolina at Chapel Hill which is to be leased the Orange <br />County Commissioners for use by the Chapel Hill-Canboro City Schools, and has represented <br />that the leasing arrangement has been approved by the Board of Trustees of the University of <br />North Carolina at Chapel Hill and currently awaits approval by the Council of S ate, that the <br />plan to construct new recreational and athletic fields on the property which will be he subject of <br />the lease, and that the development of the fields referred to herein is specificall conditioned <br />upon the final execution and approval of that lease by the Council of State, the niversity of <br />North Carolina at Chapel Hill, the Orange County Commissioners, and the Chapel ' 1-Canrboro <br />City Board of Education. <br />NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and <br />obligations set forth herein, the receipt and sufficiency of which is hereby acknowledged, the <br />parties agree as follows: <br />1. Construction of An Additional ReMeaIInnAl Mehl h. thp, Ro%avA ,f VAL.4:,.... <br />The Board of Education plans to improve existing recreational and athletic fields aw[ to construct <br />new fields at the Smith Middle School site. By this Agreement, the Board of Educal 'on agrees to <br />construct an additional recreational field on a portion of the Smith Middle School site which is <br />situated in the Town of Carrboro. The additional recreational field and the g location at <br />the site of all planned fields are more particularly depicted as fields numbered 1; 3a, 3b, and 4 on <br />the overall Site Plan annexed to this. Agreement as Schedule A. The additi nil field is <br />specifically one of the two soccer fields and is identified on Schedule A as Field 3 Subject to <br />and contingent on the Board of Education obtaining such governmental approvals, permits, and <br />funding as may be required by applicable state and local laws and ordinances for the construction <br />of the recreational fields, the recreational fields which are the subject of th? Agreement