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Attachment 3 11 <br /> SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT <br /> BETWEEN ORANGE COUNTY AND THE CITY OF DURHAM <br /> FOR CONSTRUCTION AND OPERATIAON 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. The agreement was subsequently amended with the First <br /> Amendment in 2015, which extended the date for construction to begin in order to pursue <br /> alternative design options. The November 2013 Draft Master Plan Report prepared by CDM <br /> Smith has been updated as a result of additional studies of the area and the Final Master Plan <br /> Report was submitted in March 2016. Durham and Orange have contracted with CDM Smith to <br /> begin design and permitting for a proposed sewer extension project, but would like to amend the <br /> Original Agreement through this Second Amendment to allow for additional time to complete <br /> design,permitting and bidding and begin construction. Through this Second Amendment the <br /> Original Agreement is only modified as indicated below and the remaining portions of the <br /> Original Agreement shall remain in full force and effect. This Second Amendment is dated, <br /> made, and entered into as of the day of , 2016. <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 June 30, 2018. 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 />