Agenda - 09-20-2022; 8-c - Amendment to the Water and Sewer Facilities Agreement with the Town of Hillsborough

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3 FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN ORANGE COUNTY AND THE TOWN OF HILLSBOROUGH FOR CONSTRUCTION AND OPERATION OF WATER AND SEWER FACILITIES IN THE HILLSBOROUGH AREA ECONOMIC DEVELOPMENT DISTRICT OF ORANGE COUNTY This is the First Amendment ("First Amendment") to the "Interlocal Agreemenl Between Orange County and the Town of Hillsborough for Construction and Operation of Water and Sewer Facilities in the Hillsborough Area Economic Development District of Orange County" (the "Interlocal Agreement") which Interlocal Agreement is dated, made, and entered into as of the 25ffi day of September,2017,by the Town of Hillsborough, a North Carolina municipal corporation ("Hillsborough,""Town" or"Town of Hillsborough") and Orange County, a North Carolina political subdivision ("County," "Orange" or"Orange County"). This First Amendment is entered into as of the_day of September, 2022. RECITALS WHEREAS the Town and the County entered into the Interlocal Agreement dated September 25, 2017; and WHEREAS the Interlocal Agreement has a tern of five (5)years which will expire on September 25,2022 unless further extended by mutual agreement of the Town and the County; and WHEREAS the purposes stated in the Interlocal Agreement have not yet been accomplished,but the Town and the County continue to work toward accomplishing those purposes and, therefore, desire to extend the term of the Interlocal Agreement as set forth herein and to otherwise amend the Interlocal Agreement as set forth in this First Amendment. NOW, THEREFORE,based on the foregoing premises and the mutual promises stated herein, and for other good and valuable consideration the receipt and sufficiency of which are acknowledged by the Town and the County, it is agreed as follow 1. With respect to paragraph 3 of the Interlocal Agreement, entitled"Construction", the Town of Hillsborough will pay only its pro-rate share of engineering services for those sections of the water infrastructure lying outside the boundaries of the County's Economic Development zone, and the County will pay its pro-rate share of engineering services for those sections of the water and/or sewer infrastructure lying within the County's Economic Development Zone. The County will also pay the full cost of construction and construction engineering and inspection for the water"loop" line proposed to connect the water line serving the County's Economic Development Zone to the Town's existing water infrastructure located in or adjacent to New Grady Brown School Road in order to ensure sufficient water pressure and redundancy to accommodate the anticipated intensity of development in the County's Economic Development Zone.