Melvin Mark- Project Management Agreement

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FIFTH ADDENDUM TO PROJECT MANAGEMENT AGREEMENT DA~D: v aooo gETWEEN; MARION COLTNTY, OREGON, a political subdivision of the State of Oregon and SALEM AREA MASS TRANSIT DISTRICT, a political subdivision of the State of Oregon (together, "Owner") ~D; MELVIN MARK DEVELOPMENT COMPANY, («M~ger") an Oregon corporation Recitals: A. Owner and Manager are paities to a Project Management Agreement dated June 1, 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 further amended by Amendment #3 to Contract for Services signed on November 4, 1998 (the "Third Addendum"), and as further amended by Amendment #4 to Pro,ject Mana~ement 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, Attached as Ex~ibit A is aYist of services that Manager has been asked to continue to perform past the exis~ing expu~a~°n da~ of the Agreement. The parties desire to extend the Term of the Agreement to allow time for perforniance 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. A~,reements: 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 Term. The Term shall be extended through December 31, 2000. Section 1.3.4 of the Pmject Agreement, Section 5 of the First Addendum, and Section 1 of the Second Addendum are hereby deleted. The Term shall continue after December 31, 2000, on a month to mornh basis, unless Owner terminates the Agreement by giving Manager at least 30 days' prior written notice of termination at any time after December 1, 2U00.