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16 <br /> MEMORANDUM OF UNDERSTANDING <br /> 1. 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 <br /> Carrboro ordinances require enhancements to the drainage way. The cost of such <br /> enhancements was not addressed in the original agreement. <br /> 3. 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 2001. <br /> CHAPEL-HILL-CARRBORO BOARD OF EDUCATION <br /> Nicolas Didow, Chair <br /> Attest: <br /> Valarie Foushee,Vice-Chair <br />