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M"^t-,� A <br />ORANGE COUNTY <br />NORTH CAROLINA <br />THIRD AMENDMENT <br />TO <br />AGREEMENT FOR CONSTRUCTION MANAGER AT RISK SERVICES <br />THIS THIRD AMENDMENT TO AGREEMENT FOR CONSTRUCTION �r <br />MANAGER AT RISK SERVICES (this "Amendment) is made effective this clj&day of <br />2010, (the "Execution Date ") by and between ORANGE <br />COUNTY, NOR17f CAROLINA ( "Owner "), and CLANCY & THEYS CONSTRUCTION <br />CO.,, a North Carolina corporation ( "CMAR ") (Owner and CMAR to sometimes be referred to <br />together herein as the "Parties'). <br />WITNESSETH: <br />VfTfffiREAS, 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 "FacgUy'�; 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 Maximum 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 />$8,189,559.00 (the "GAP"), 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 />