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. f-~~ ~ ~ ~ <br />yr <br />ORANGE COUNTY <br />NORTH CAROLINA <br />~i~.~ ~~ c ~ ~(G <br />~jDCG <br />THIRD AMENDMENT <br />TO <br />AGREEMENT FOR CONSTRUCTION MANAGER AT RISK SERVICES <br />THIS THIRD AMENDMENT TO AGREEMENT FOR CONSTRUCTION <br />MANAGER AT RISK SERVICES (this "Amendment") is made effective this -15th day <br />of February , 2009, (the "Execution Date") by and between ORANGE <br />COUNTY, 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 a Guaranteed Maximum Price of $2,903,791 for the <br />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. Defmitions. 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 Two Hundred Four Thousand Five Hundred One <br />Dollar ($204,501). In the event the Guaranteed Maximum Price is adjusted, the Fixed Fees shall <br />be adjusted in accordance with Sections 5.1.2.1 of this Agreement. <br />4. 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 Nine <br />