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� 1 <br /> _Please return this copy to the Clerk to the Board's <br /> office for permanent agenda file. /2-jW- <br /> dD�S- P 3 7-02- <br /> 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 12015. <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 Orange Financial Services Director <br />