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HomeMy WebLinkAbout2001 ERCD - Carrboro, Chapel Hill Board of education MOU Amendment for Smith Middle School athletic field usePLEASE RETURN THIS COPY TO THE CARRBORO TOWN CLERK MEMORANDUM OF UNDERSTANDING Whereas the Orange County Commissioners (County), the Town of Carrboro (Town) and the Chapel Hill - Carrboro Board of Education (the Board) entered into a separate agreement to construct athletic field 3b at the Smith Middle School site to be primarily set aside for recreational use by the Town and County. 2. Since the making of said agreement, additional costs have been discovered for the construction of this field because it will be partially located in a drainage way in Carrboro. Town of Carrboro ordinances require enhancements to the drainage way. The cost of such enhancements was not addressed in the original agreement. Recognizing that the Board of Education is constructing athletic field 3b for the primary benefit of the Town and County, the Town and County agree to reimburse the Board for all costs incurred in complying with the Town of Carrboro's ordinances pertaining to enhancements of the drainage way upon written notification of the total amount by the Board of Education. The costs for this work. are estimated to be $83,000. The Town shall pay 50% of such costs ($41,500) and the County shall pay 50% of such costs ($41,500), The reimbursement shall occur not later than the 2001 -2002 fiscal year. 4. This memorandum of understanding hereby amends the Development and Joint Use Agreement dated January 25, 2001 entered into by the Town of Carrboro, Orange County and the Board of Education. To the extent that any provision of this agreement conflicts with any provision of the prior agreement, the provision in this agreement controls. IN WITNESS WHEREOF, the parties of this Agreement have duly and validly approved it and caused it to be executed in their behalf by the undersigned agents. This the .264"— day of `u,Ly , 2001. CHAPEL - HILL- CARRBORO BOARD OF EDUCATION Nicolas Didow, Chair Attest: Valarie Foushee, Vice -Chair ORANGE COUNTY Stephen Halkiotis, Chair Attest: Xe, Cle riTto the Board TOWN CARRBORO t-,e' c 4o Robert W. W. Morgan This agreement has been pre- audited in the manner required by the Local Government Budget and Fiscal. Control Act L L. BinghaiVRoenijk, FiAhnce Director Schedule A day C C� § 0 ° `oO C p O d O O O r r r r do S o S 8 S o zz