HomeMy WebLinkAbout2004 S Agreement to Modify Development Agreement re Smith Fields Middle School 6-2-2004 RETURN THIS COPY TO THE CLERK'S
OFFICE FOR THE PERMANENT AGENDA FILE
AGREEMENT TO MODIFY THE DEVELOPMENT IP/g-F (42 4
AND JOINT USE AGREEMENT FOR THE SMITH MIDDLE ��
SCHOOL FIELDS
WHEREAS, on or about ,, Ce-11 .2 , 2001, the Town of Carrboro, North
Carolina, a North Carolina municipal corporation, 301 W. Main Street, Carrboro,North Carolina
2751 (hereinafter referred to as the "Town"), the County of Orange, a North Carolina municipal
corporation, 200 S. Cameron Street,Hillsborough,North Carolina, 27278 (hereinafter referred to
as the"County"), and the Chapel Hill-Carrboro City Board of Education, a school administrative
unit under the laws of the State of North Carolina, Lincoln Center, 750 S. Merritt Mill Road,
Chapel Hill,North Carolina,27516 (hereinafter referred to as the"Board of Education") entered
into a Development and Joint Use Agreement (the "Original Agreement") for the use and
maintenance of a facility to be built by the Board of Education on property leased by the County,
referred to as the"R.D. and Euzelle P. Smith Middle School(the"School Site"); and
WHEREAS, the School Site has been built, and the various athletic fields which are the
subject of the Original Agreement have been completed; and
WHEREAS, the parties to the Original Agreement now desire to modify certain portions
and terms of that Agreement as herein specified.
NOW, THEREFORE, based on the premises, and for good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged by the parties hereto, is agreed as
follows:
1. At Section 4, entitled "Utilities, Maintenance and Upkeep" of the original
Agreement, shall be amended by deleting the second and third sentences of subparagraph (a), so
that subparagraph(a), as amended,reads as follows:
As set forth in paragraph 1(a), the Town and the County, or either of them,
may, at their own cost and expense, install and maintain lights at one or
more of the fields,
2. A new subparagraph (al) shall be added to Section 4, entitled "Utilities,
Maintenance and Upkeep" of the Original Agreement, the new subparagraph (al) to read as
follows:
(al) The Town of Carrboro shall be responsible for the maintenance and
upkeep of the light system for Field B. The Board of Education shall be
responsible for the maintenance and upkeep of the light system for Field
A. Costs associated with extraordinary maintenance and repair of the
lighting system servicing Fields 3A and 3B, including labor, supplies and
materials, shall be divided equally among the three parties. Electric
service for each Field will be metered separately. It will be the
responsibility of the Board of Education to pay for service to Field 3A and
the responsibility of the Town to pay for service for Field 3B.
3. In all other respects, the Development and Joint Use Agreement executed as of
the date first set forth above shall remain unchanged, and shall remain in full force and effect
unless and until otherwise modified in writing.
IN WITNESS WHEREOF, the parties to this Agreement have duly and validly approved
it and caused it to be executed on their behalf by the undersigned agents.
This the LP day of October, 2004.
TOWN OF CARRBORO
BY: ,,,4 `
Steven Stewart,Manager
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Sarah Williamson, Town Clerk
(SEAL)
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This instrument has been pre-audited in the manner provided in the Local Government
Budget and Fiscal Control Act.
L.64 /
Carrboro Finance Dire or
Agreement approved as to form
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Robert E. Hornik,Jr., Att., e
for Town of Carrboro
COUNTY OF ORANGE
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, Clerk
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CHAPEL HILL-CARRBORO BOARD OF
EDUCATION
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Chair
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