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Attachment 2 <br />FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT <br />BETWEEN ORANGE COUNTY AND THE CITY OF DURHAM <br />FOR CONSTRUCTION AND OPERATION OF WATER AND SEWER FACILITIES <br />IN THE ENO ECONOMIC DEVELOPMENT ZONE OF ORANGE COUNTY <br />The City of Durham, a North Carolina municipal corporation ( "Durham ") and Orange <br />County, a North Carolina political subdivision ( "Orange ") entered into an "Interlocal Agreement <br />Between Orange County and the City of Durham for Construction and Operation of Water and <br />Sewer Facilities in the Eno Economic Development Zone of Orange County" ( "Original <br />Agreement ") on January 20, 2012. As a result of the November 2013 Draft Master Plan Report <br />prepared by CDM Smith, Durham and Orange would like to amend the Original Agreement <br />through this First Amendment to allow for additional time to study alternative design options. <br />Through this First Amendment the Original Agreement is only modified as indicated below and <br />the remaining portions of the Original Agreement shall remain in full force and effect. This First <br />Amendment is dated, made, and entered into as of the day of , 2015. <br />Paragraph 12 of the Original Agreement is modified as follows: <br />12. Duration. This agreement shall be perpetual, unless terminated earlier by mutual <br />agreement. Nevertheless, this contract shall terminate if construction of the infrastructure <br />has not begun by January 31, 2017. On such termination, all obligations that are still <br />executory on both sides are discharged but any right based on prior breach or <br />performance survives. The governing body of each party hereto has determined the <br />duration provided in this paragraph to be reasonable. <br />This amendment is made pursuant to Paragraph 14 of the Original Agreement. <br />This instrument has been pre- audited in the manner required by the Local Government Budget <br />and Fiscal Control Act. <br />Durham Finance Director <br />Orange Financial Services Director <br />M <br />