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<br />ORANGE COUNTY <br />NORTH CAROLINA <br />THIItD AMENDMENT <br />TO <br />AGREEMENT FOR CONSTRUCTION MANAGER AT RISK SERVICES <br />THLS THIRD AMENDMENT TO AGREEMENT FOR CONSTRUCTION ~ ~~ <br />MANAGER AT RLSK SERVICES (this "Amendment") is made effective this p"t~day of <br />r.~~ , 2010, (the "Execution Date"} by and between ORANGE <br />COUNTY, NORTFI CA~r OLINA {"Owner"), and CLANCY & TREYS CONSTRUCTION <br />CO.,, a North Cazolina corporation ("CNfAR"} (Owner and CMAR to sometimes be referred to <br />together herein as the `Parties"}. . <br />WITNESSETH: <br />WHEREAS, Owner and CMAR entered into an Agreement for Construction Manager at <br />Risk Services made effective February 19, 2008 (the "Agreement") , a First Amendment to the <br />Agreement made effective June 26, 2008 (the "First Amendment"}, and a Second Amendment to <br />the Agreement made effective August 19, 2008 (the "Second Amendment") which Agreement, First <br />Amendment and Second Amendment together provide for the construction of an Animal Services <br />Facility to be located in Chapel Hill, North Carolina (the "Facility'; and <br />WHEREAS, the Agreement, as amended by the First Amendment and Second Amendment <br />contained a Guaranteed Maximum Price of $7,458,500.00 for the completion of the Original Scope <br />of Work; and <br />WHEREAS, the Parties now desire to further amend the Agreement as amended by the First <br />Amendment and the Second Amendment to add additional scope of work totaling $731,059.00 to <br />the Guaranteed Maxiznurn Price as described herein. <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. Guaranteed Maximum Price. Based on the foregoing, the Parties agree that the <br />Guaranteed Maximum Price for the CMAR's Work as of the date hereof shall be the sum of <br />$8,189,559.()0 (the "GMP"), the components of which are set out and described as Attachment <br />A: Components to Guaranteed Maximum Price, hereto and incorporated herein by reference. <br />4 <br />