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■ <br />M2 M-01 <br />Please return this copy to the Clerk to the Board's <br />office for permanent agenda file. <br />PRF CH,-abl� <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 i�full force and effect. This Second Amendment is dated, <br />made, and entered into as of the �� day of J,2oL4 erl , 201V'? <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. If <br />2�;__ - <br />Durham Finance Director <br />cial Services Director <br />