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HomeMy WebLinkAboutS EDC - Smithson Mills Inc Feasibility study Regional Value Added Shared Food Processing Ctr• - Please return this copy to _ Clerk to the Board's office for PAF NORTH CAROLINA ~,~,~- 70~~3/D~ ORANGE COUNTY T_a FEASIBILITY STUDY AGREEMENT AMENDMENT THIS AMENDMENT, is made and entered into as of this the 23rd day of October, 2007, by and between Orange County, North Carolina, 200 S. Cameron Street, Hillsborough, North Carolina, on behalf of the Orange County Economic Development Commission (hereinafter referred to as "County") and Smithson Mills, Inc., of Asheville, North Carolina, (hereinafter referred to as "Mills"). WHEREAS, the Parties hereto have entered into that certain FEASIBILITY STUDY AGREEMENT (the "Agreement") approved April 24, 2007; and WHEREAS, Article 1 of the Agreement specifies that Mills will conduct a feasibility study that will address and/or contain certain items, and Mills was to have completed the items contained in Article 1 of the Agreement no later than the 30th day of October, 2007; and WHEREAS, one of the items that Mills will address in the feasibility study is a survey as specified in Section 1 of Article 1 of the Agreement; and WHEREAS, the time for the completion of the survey was extended from August 1, 2007 until September 15, 2007; and WHEREAS, Mills has requested that the completion date as specified in Article 1 of the Agreement be extended to November 30, 2007 due to the delay in the completion of the required survey; and WHEREAS, the County agrees to extend the time for the completion on the items contained in Article 1 of the Agreement. NOW THEREFORE, in consideration of the mutual covenants and considerations hereinafter set forth, the parties hereto agree as follows: A. The first sentence of Article 1 of the Agreement shall be revised to read as follows: Article 1. Mills will conduct a feasibility study that will address and/or contain each of the following items, and Mills shall complete the items contained in this Article 1 no later than the 30th day of November, 2007: B. All other terms of the Agreement shall remain in full force and effect. • IN WITNESS WHEREOF, Orange County has caused this Amendment to be • signed in its name by the Chair of the Board of Commissioners, attested by the clerk to the Board of Commissioners and Smithson Mills, Inc., has caused this Agreement to be signed by its President, and all authority duly given, as of the day and year first above written. ORANGE COUNTY By: Moses grey, Chair, BOCC ATTEST: Clerk to the Orange County, Board of Commissioners Smithson Hls, In By: S ithson Mills, resident C~ 2