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b. Construct a temporary pedestrian walk, subject to the approval of <br />the City of Salem Department of Public Works, within the Chemeketa Street right of <br />way to serve pedestrian traffic during the period of time from the date public access is <br />first permitted on the other three block faces of the Project streetscape to the start date <br />of construction of the third party development. The cost of the temporary pedestrian <br />walk shall be subject to reimbursement to the County and Transit District by the Agency <br />under terms of this Agreement. <br />c. Make temporary improvements to the proposed leasehold lot <br />fronting Chemeketa Street during the period of time from the date public access is first <br />permitted on the other three block faces of the Project streetscape to the start date of <br />construction of the third party development on the leasehold lot. Temporary <br />improvements shall include grading of the lot, seeding with grass or flower mix and <br />maintaining the lot in an orderly manner or an alternative use acceptable to the Agency. <br />Cost of the temporary improvements shall be subject to reimbursement to the County <br />and Transit District by the Agency under terms of this Agreement. <br />9. Assurance of Completion <br />County and Transit District will complete in accordance with approved plans and <br />specifications all improvements accepted by the Agency for participation under this <br />Agreement. Should the cost of construction and architectural/engineering fees subject <br />~ to reimbursement exceed Agency maximum participation of $2 million, County and <br />Transit District will complete the improvements at their sole expense. <br />10. Terms of Agreement <br />All approvals for Agency participation as provided within this Agreement shall be <br />obtained by the County and Transit District from the Agency within three (3) years of the <br />date of this Agreement. <br />11. Amendment Provisions <br />The terms of this Agreement may be amended by the mutual Agreement of the <br />parties. Any such agreement shall be in writing and shall refer specifically to this <br />Agreement and shall be executed by the parties. <br />5. Indemnification <br />County and Transit District shall defend, save, hold harmless, and indemnify the <br />City of Salem and Agency, their officers, agents and employees from all claims, suits, <br />or actions of whatsoever nature resulting from or arising out of the activities of County <br />and/or Transit District or their officers, agents, employees, contractors or subcontractors <br />6 <br />