2026-252-E-IT Dept-North State Communications-Fiber expansion

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SECOND AMENDMENT TO NETWORK DEVELOPMENT AGREEMENT AND ARPA SUBRECIPIENT AGREEMENT BETWEEN ORANGE COUNTY AND NORTH STATE COMMUNICATIONS ADVANCED SERVICES, LLC This Second Amendment (the “Second Amendment”) is made and entered into as of the last date of signature below, by and between Orange County, a political subdivision of the State of North Carolina (hereinafter referred to as the "County"), and North State Communications Advanced Services, LLC (hereinafter referred to as the "Provider"). County and Provider may be referred to as the “Parties” in this Second Amendment. WHEREAS, the Parties entered into a Network Development Agreement (hereinafter referred to as the “ND Agreement”) and an ARPA Subrecipient Agreement (hereinafter referred to as the “Subrecipient Agreement”), both dated April 26, 2022 (hereinafter collectively referred to as the “Agreements”), for the development of broadband infrastructure in unserved and underserved areas of Orange County, using funds from the Coronavirus Local Fiscal Recovery Fund (part of the American Rescue Plan Act of 2021, Pub. L. No. 117-2) with an award of up to $10,000,000.00; and WHEREAS, the Parties amended that ND Agreement on or about September 24th, 2025 to extend project timelines due to construction delays and to ensure compliance with ARPA deadlines, while clarifying the allocation of risks and responsibilities for compliance and other issues; and WHEREAS, the Parties wish to further amend their agreement for similar purposes of extending timelines and deadlines. NOW, THEREFORE, the Parties agree to amend the Agreements as follows: 1. Extension of Timeline for Project Completion The following sections of the ND Agreement are hereby amended as follows: •Section 7(e) – Concealed or Unknown Conditions: The last sentence of subsection 7(e) shall be replaced with “If County determines that the conditions differ materially and will cause a material increase in time required by Provider to perform any part of the work, and that Provider could not have identified the conditions by exercising commercially reasonable due diligence prior to executing the Agreement, County will review and approve an equitable adjustment to the time necessary to complete a milestone, as applicable, provided such adjustment does not require obligation of County funds after December 31, 2026, or completion of work after November 1, 2026.” •Section 15 – Project Closeout, Subsection a. Final Expenditures: Section 15(a) is replaced in its entirety with: “All Project costs must be incurred by November 1, 2026, and all Work must be completed no later than November 1, 2026. Provider shall deliver reimbursement requests and any invoices, receipts, hours, payroll information and any other supporting documentation for any work completed or to be completed, to the maximum extent feasible, by November 1, 2026. The County shall have no obligation to prioritize or expedite the processing of payment requests beyond its normal operational procedures. If the Provider fails to comply with the deadlines, documentation requirements, or any provisions of this Agreement, the County reserves the right to withhold or recoup ARPA funds and shall have no obligation to disburse funds after the 1 Docusign Envelope ID: C95BA5CE-286E-8718-83D8-162116199294