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HomeMy WebLinkAboutAgenda - 10-23-2007-4gORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 23, 2007 Action Agenda Item No. ___~ SUBJECT: Amendment to the Agreement for the Feasibility Study for the Regional Value- Added Shared Use Food Processing Center DEPARTMENT: Economic Development PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Feasibility Study Agreement Amendment INFORMATION CONTACT: Noah Ranells 245-2330 Willie Best 245-2300 PURPOSE: To amend the agreement for services related to the Regional Value Added Shared Use Processing Center Feasibility Study to establish a new completion date of November 30, 2007. BACKGROUND: On April 24, 2007, the BOCC authorized the entering into an agreement with Smithson Mills, Inc., for a Feasibility Study for a Regional Value Added Shared Use Processing Center. A component of the feasibility study is to survey potential users to gauge demand for such a processing center. The survey was initiated in early Summer 2007 as planned with a survey response deadline of August 31St. However, the response deadline was extended to September 15t" to allow additional time for survey respondents to submit their information. Therefore, Smithson Mills has requested the study completion date be extended to November 30, 2007. FINANCIAL IMPACT: There is no additional financial cost associated with amending the agreement to establish a new study completion date. RECOMMENDATION(S): The Manager recommends that the Board approve the amendment to the agreement to establish a new Feasibility Study completion date of November 30, 2007 and authorize the Chair to sign the agreement amendment. NORTH CAROLINA ORANGE COUNTY 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. 5 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 Carey, Chair, BOCC ATTEST: Clerk to the Orange County, Board of Commissioners Smithson Mills, Inc. By: Smithson Mills, President 2