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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 />MANA R AT RISK SERVICES (this "Aniendinent") is made effective this 2-1.47d-ay of <br />4dr k � I , 2009, (the "Execution Date") by and between ORANGE <br />e-IOtNTY,' NORTH CAROLINA ("Owner"), and RESOLUTE BUILDING COMPANY,, a <br />North Carolina corporation ("CMAR"), (Owner and CMAR to sometimes be referred to together <br />herein as the "Parties"). <br />WITNESSETH: <br />WHEREAS, Owner and CMAR entered into an Agreement for Construction Manager at <br />Risk Services made effective November 6, 2008 (the "Agreement "), which. provides for the <br />construction of the Orange County Department of Social Services, Hillsborough, North Carolina <br />(the "Facility'.'); and <br />WHEREAS, the Agreement contained Fixed Fees and a Guaranteed Maximum Price of <br />$6,500.00 for the completion of the Original Scope of Work; and <br />WHEREAS, the Fixed Fees in the Agreement and the Guaranteed Maximum Price in the <br />Agreement for the Project have now been determined as described in this Amendment. <br />NOW, THEREFORE, in consideration of good and valuable consideration, the mutual <br />receipt and legal sufficiency of which are hereby acknowledged, the parties agree as follows: <br />1. Incorporation of Preamble and Recitals. The preamble and recitals to this <br />Amendment are hereby incorporated herein by reference and made a part of this Amendment. <br />2. Definitions. All capitalized terms used and not otherwise defined herein shall <br />have the meanings ascribed to them in the Agreement. All references in the Agreement to "this <br />Agreement" shall be deemed to be the Agreement as amended by this Amendment unless the <br />context requires otherwise. <br />3. Fixed Fees. Section 7.4.1 of the Agreement is amended to read as follows: The <br />Fixed Fees payable to the CMAR shall be One Hundred Sixty Four Thousand Three Hundred <br />Seven Dollars ($164,307). In the event the Guaranteed Maximum Price is adjusted, the Fixed <br />Fees shall be adjusted in accordance with Section 5.1.2.1 of this Agreement. <br />Guaranteed Maximum Price. Section 12.1 of the Agreement is amended to <br />read as follows: The Guaranteed Maximum Price for the Project shall be Two Million Seven <br />