HomeMy WebLinkAbout2016-547 Planning - City of Durham Water and Sewer in the Eno EDD■
M2 M-01
Please return this copy to the Clerk to the Board's
office for permanent agenda file.
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SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT
BETWEEN ORANGE COUNTY AND THE CITY OF DURHAM
FOR CONSTRUCTION AND OPERATIAON OF WATER AND SEWER FACILITIES
IN THE ENO ECONOMIC DEVELOPMENT ZONE OF ORANGE COUNTY
The City of Durham, a North Carolina municipal corporation ( "Durham ") and Orange
County, a North Carolina political subdivision ( "Orange ") entered into an "Interlocal Agreement
Between Orange County and the City of Durham for Construction and Operation of Water and
Sewer Facilities in the Eno Economic Development Zone of Orange County" ( "Original
Agreement ") on January 20, 2012. The agreement was subsequently amended with the First
Amendment in 2015, which extended the date for construction to begin in order to pursue
alternative design options. The November 2013 Draft Master Plan Report prepared by CDM
Smith has been updated as a result of additional studies of the area and the Final Master Plan
Report was submitted in March 2016. Durham and Orange have contracted with CDM Smith to
begin design and permitting for a proposed sewer extension project, but would like to amend the
Original Agreement through this Second Amendment to allow for additional time to complete
design, permitting and bidding and begin construction. Through this Second Amendment the
Original Agreement is only modified as indicated below and the remaining portions of the
Original Agreement shall remain i�full force and effect. This Second Amendment is dated,
made, and entered into as of the �� day of J,2oL4 erl , 201V'?
Paragraph 12 of the Original Agreement is modified as follows:
12. Duration. This agreement shall be perpetual, unless terminated earlier by mutual
agreement. Nevertheless, this contract shall terminate if construction of the infrastructure
has not begun by June 30, 2018. On such termination, all obligations that are still
executory on both sides are discharged but any right based on prior breach or
performance survives. The governing body of each party hereto has determined the
duration provided in this paragraph to be reasonable.
This amendment is made pursuant to Paragraph 14 of the Original Agreement.
This instrument has been pre- audited in the manner required by the Local Government Budget
and Fiscal Control Act. If
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Durham Finance Director
cial Services Director
CITY OF DURHAM
City Clerk
Type or print name person signing for the City:
ACKNOWLEDGMENT BY CITY OF DURHAM
Name of other party to the
contract:
Title of the contract:
(1)
before me
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Thomas J. Bonfield �'��,Q�i�/ CARO
City Manager 1111111i111110
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a notary public, certify:
(Type or print name of Notary Public)
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(Type or print name of City Clerk or Deputy City Clerk who attested)
personally appeared
in Durham County, N. C. on this day; (2) I have personal knowledge of her identity; and (3) she
acknowledged that by authority duly given and as the act of the City of Durham, the foregoing
document was signed in its corporate name by its r---- City Manager, sealed with its
corporate seal, and attested by its said City Clerk or Deputy City Clerk.
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This the day of eW�V , 20
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Notary Public
ORANGE COUNTY
ATTE T:
By:
Donna Baker Bonnie B. Hammersley
Orange County Clerk County Manager
ACKNOWLEDGEMENT OF ORANGE COUNTY
NORTH CAROLINA
COUNTY OF ORANGE
I, a Notary Public in and for the aforesaid County and State certify that Donna S. Baker
personally appeared before me this day and acknowledged that she is the County Clerk of
Orange County, a North Carolina political subdivision, and that by authority duly given and as
the act of the County, the foregoing agreement with the City of Durham was signed in its
corporate name by the Orange County Manager, seal`e with its c rporate seal and attested by its
said Count Clerk or Deputy Count Clerk this the L ' day of 20 6r.
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Notary Public
Donna S. Lloyyd
My commission expires: Notary Public
Noortth Carolina
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