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FIRST MODIFICATION TO THE AMENDED AND RESTATED STATE OF NORTH CAROLINA OPERATING AGREEMENT FOR THE ELMA C. LOMAX COUNTY OF CABARRUS INCUBATOR FARM PARK This AMENDED AND RESTATED OPERATING AGREEMENT FOR THE ELMA C. LOMAX INCUBATOR FARM PARK ( "Restated Agreement ") is made and entered into effective the 1s day of July, 2016 by and between CABARRUS COUNTY ( "County "), a body politic and political subdivision of the State of North Carolina and the CAROLINA FARM STEWARDSHIP ASSOCIATION ( "CFSA "), an Internal Revenue Code §501(c)(3) recognized non - profit North Carolina corporation. RECITALS 1. The County owns the Elma C. Lomax Incubator Farm Park ( "Farm Park "), which has been utilized as a unique County park for training and developing local farmers as part of a larger local sustainability effort. 2. The Farm Park is located on 30.601 acres owned by the County and one acre leased from Franklin D. Lomax, with a physical address of 3435 - 3459 Atando Road, Concord, Cabarrus County, North Carolina. 3. The County's ownership of its Farm Park tract contains restrictions on its usage, which restrictions have been construed to include the farming activities on -going at the Farm Park. 4. CFSA is a member - based, farmer - driven, non -profit organization located in Pittsboro, North Carolina, with a mission to promote local and organic agriculture in the Carolinas, including education and support for new farmers. 5. The County's Board of Commissioners voted to discontinue County funding for the Farm Park for Fiscal Year 2015, except for certain expenses necessary to allow the existing farmers at the Farm Park to tend to and harvest their crops, pending transition of Farm Park operations to the private sector. 6. The County and CFSA agreed to operate the Farm Park on a temporary basis, until December 31, 2014, pursuant to a Temporary Operating Agreement ( "TOA "). 7. On or about February 2, 2015, the County and CFSA entered into an Extension to the TOA, which extended the duration of the relationship between these parties to December 31, 2015. 8. The County's Board of Commissioners approved a budget for Fiscal Year 2017 for the Farm Park. 9. CFSA desires to continue to operate the Farm Park on a continuing temporary basis, with the ultimate objective of a longer term arrangement or transitioning the operation of the Farm Park to a separate non - profit organization that would manage and operate the Farm Park on a longer -term basis. 10. Both parties desire to amend and restate the TOA and extension to continue the present usage of the Farm Park, as more particularly described in the Terms contained below. Attachment number 1 \n G -6 Page 166