HomeMy WebLinkAbout2001 Carrboro, Chapel Hill Board of Education MOU for Smith Middle School ground lease agreementRETURN THIS COPY TO THE CLERK'S
OFFICE FOR THE PERMANENT AGENDA FItE7
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 �� day of ,�r,«�/ )2001.
CHAPEL - HILL - CARRBORO BOARD OF EDUCATION
Nicolas Didow, Chair
Attest:
Valarie Foushee, Vice -Chair
ORANGE COUNTY
Stephen Halkiotis, Chair
Attest:
Beverly B he, Cl rk to the Board
TOWN CARRBORO
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Rob W. Morgan
CAq
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Attest: pRPO
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SaraYC. Williamson,
This agreement has been pre- audited in the
manner required by the Local
Government Budget and Fiscal.
Control Act
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L. Bingham Roeni , Finance Dire or