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E <br />NORTH CAROLINA <br />ORANGE COUNTY /DURHAM COUNTY <br />AMENDMENT TO AGREEMENT FOR THE SALE OF WATER <br />BETWEEN THE TOWN OF HILLSBOROUGH <br />AND THE CITY OF DURHAM <br />THIS AMENDMENT is entered into in duplicate originals this <br />8th day of October , 1990 by and between the TOWN OF <br />HILLSBOROUGH (hereinafter referred to as "Town "), and the CITY OF <br />DURHAM (hereinafter referred to as "City "). <br />WHEREAS, the Town and the City entered into an agreement <br />entitled "Agreement for the Sale of Water Between the Town of <br />Hillsborough and the City of Durham" on or about November 16, 1987 <br />(hereinafter referred to as the "Agreement "); and <br />WHEREAS, the Town and the City wish to amend and clarify that <br />Agreement; <br />NOW, THEREFORE, IN CONSIDERATION of the amended promises and <br />provisions set forth below and especially in consideration of the <br />parties.' continuing cooperative efforts to alleviate water <br />shortages, the City and the Town, for themselves, their successors <br />and assigns, do mutually agree to amend the Agreement as follows: <br />1. Paragraph 1 is rewritten to read as follows: <br />A water and sanitary sewer service boundary line is hereby <br />established as described in Attachment A and shown on <br />Attachment B. It is understood and agreed that, if any <br />portion of the area located west of the boundary line <br />receives water and /or sanitary sewer service, such service <br />shall be provided by the Town, and if any portion of the <br />area located east of the boundary line receives public <br />water and /or sanitary sewer service, such service shall be <br />provided by the City. <br />2. The third sentence of paragraph 3 is amended to read as <br />follows: <br />The water main shall be 16" (sixteen inch) ductile iron <br />water pipe from the and of the City's existing water main <br />to the service area boundary line. <br />3. The third sentence of subparagraph 3(1) is rewritten to <br />read as follows: <br />Consequently, the City and Town, in considering any <br />connections of proposed new development to the water lines <br />covered in this Agreement where such development is located <br />outside the City or Town limits, will allow new development <br />only in conformance with the adopted land use plan of the <br />controlling jurisdiction. <br />