Melvin Mark- Project Management Agreement

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FIFTH ADDENDUM TO PROJECT MANAGEMENT AGREEMENT DATED: 2000 BETWEEN: MARION COtJNTY, OREGON, a political subdivision of the State of Oregon and SALEM AREA MASS TRANSTT DISTRICT, a political subdivision of the State of Oregon (together, "Owner") AND: MELVIN MARK DEVELOPMENT COMPANY, an Oregon corporation ("Manager") Recitals: A. Owner and Manager are parties to a Project Management Agreement dated June l, 1997 (the "Project Agreement"), as amended by an Addendum to Project Management Agreement executed by Marion County on January 28, 1998 (the "First Addendum"), as further amended by a Second Addendum to Project Management Agreement dated Apri12, 1998 (the "Second Addendum'~, as fiuther amended by Amendment #3 to Contract for Services signed on November 4, 1998 (the `°Third Addendum'~, and as further amended by Amendment #4 to Project Management Agreement dated as of October 15, 1999 (the "Fourth Addendum'~. The Project Agreement, the First Addendum, the Second Addendum, the Third Addendum, and the Fourth Addendum are collectively referred to in this Fifth Addendum to Project Management Agreement (the "Fifth Addendum'~ as the "Agreement." B, „ Attaclied as Exlubit A is a list of services that M~n~er has been asked °` ! iration date of the ment. The arties desire to to coirtinue to perform past the eexiisting exp ~ P extend thc Term of the Agreement to allow time for perforn~ance of such services and to provide for payment for such services. C. Capitalized terms which are used in this Fifth Addendum and which are defined in the Agreement shall have the meanings given to them in the Agreement unless expressly amended by this Fifth Addendum. Agreements: In consideration of Manager's agreement to perform the Services and the mutual promises of the parties set forth in this Fifth Addendum and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Extension of ~. The Term sha11 be extended through December 31, 2000. Section 1.3.4 of the Project Agrcement, Sedion S of the First Addendum, and Section 1 of the Second Addendum are hereby deleted. The Term shall cocrtinue af~er pocember 31, 2000, on a motrth to mouth basis, unless Owner terminates the Agreemeat by 6i~8 M~Ber at least 30 days' prior written notice of tercnination at any time at~ar December 1, 2000.