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.J <br />ORANGE COUNTY <br />NORTH CAROLINA <br />FIRST AMENDMENT <br />TO <br />AGREEMENT FOR CONSTRUCTION MANAGER AT RISK SERVICES <br />THIS FIRST AMENDMENT TO AGREEMENT FOR CONSTRUCTION <br />MANAGER AT RISK SERVICES (this "Amendment") is made effective this day <br />of 2009, (the "Execution Date") by and between <br />ORANGE COUNTY, NORTH CAROLINA ("Owne-''), and RESOLUTE BUILDING <br />COMPANY„ a North Carolina corporation ("CMAR") (Owner and CMAR to sometimes <br />be referred to together herein as the "Parties"). <br />WITNESSETH: <br />WHEREAS, Owner and CMAR entered into an Agreement for Construction <br />Manager at Risk Services made effective November 6, 2008 (the "Agreemenf'), which <br />provides for the construction of the Orange County Department of Social Services, <br />Hillsborough, North Carolina (the "Facility"); and <br />WHEREAS, the Agreement contained a Guaranteed Maximum Price of $6,500.00 <br />for the completion of the Original Scope of Work; and <br />WHEREAS, per paragraph 7.4.1 of the Agreement, the Parties now desire to <br />waive the cost of the Original Scope of Work and to add additional scope of work totaling <br />$2,781,257.00 as described by the attached Exhibit "A" titled "GMP Proposal March 17, <br />2009" to the Guaranteed Maximum Price as described herein. <br />NOW, THEREFORE, in consideration of good and valuable consideration, the <br />mutual receipt and legal sufficiency of which are hereby acknowledged, the parties <br />agree as follows: <br />1. Incorporation of Preamble and Recitals. The preamble and recitals to <br />this Amendment are hereby incorporated herein by reference and made a part of this <br />Amendment. <br />2. Definitions. All capitalized terms used and not otherwise defined herein <br />shall have the meanings ascribed to them in the Agreement. All references. in the <br />Agreement to "this Agreement" shall be deemed to be the .Agreement as amended by <br />this Amendment unless the context requires otherwise. <br />3. Guaranteed Maximum Price. Based on the foregoing, the Parties agree <br />that the Guaranteed Maximum Price for the CMAR's Work as of the date hereof shall be <br />the sum of $2,781,257.00 (the "GMP"), the components of which are set out and <br />described as attached hereto and incorporated herein by reference per Exhibit A. <br />