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_ O1/24/00 MON 11:08 FAX 50~ 22~ 4606 <br />MELYIN MARK COMPANIES f~ 002 <br />~~, ~~.~J~ <br />~ ~5 0~ ~~ ~ <br />F~'TH ADDENDTJNI TO ~'ROJECT MANAGEMENT AGREEMENT <br />DATED: _ _ , 2000 <br />BETWEEN: MARION COUNTY, OREGON, apolitical <br />subdivision of the State of Ore~on and <br />SALEM AREA MASS TRANSIT D~STRICT, <br />a political subdivision of the State of Oregon (together, "Owner") <br />AND: MELVIN MARK DEVELOPMENT COMPANY, <br />an Oregon corporation ("Mana~er") <br />Rec.i.tals: <br />A. Owner and Manager are parties to a Project Man.agement Agreement dated <br />June 1, 1997 (the "Project Agreement"), as amended by an Addendum to Project Management <br />Agreement executed by Marion County on Januu~~ 28, 1998 (the "First Addendum"), as further <br />amended by a Second Addendum to Project Management Agreement dated Apri12, 1998 (the <br />"Second Addendum"), as further amended by Amendment #3 to Contract for Services signed on <br />November 4, 1998 (the "Third Addendum"), and as further amended by A.mendment #4 to <br />Project Management Agreement dated as of October 15, l 999 (the "Fourth Addendum"). The <br />Project Agreement, the First Addendum, the Second Addendum, the Third Addendum, and the <br />Fourth Addendum are collectively referred to in this Fifth Addendum to Project Management <br />A~reement (the "Fi.fth Addendum") as the "Agreement." <br />B. Attached as Exhibit A is a list of services which Manager has been asked to <br />perform past the existing expiration date of the Agreement. The parties desire to extend the Term <br />of the Agreement to allow time for performance of such services and to provide for payment for <br />such services. <br />C. Capitalized terms wh.ich are used in this Fifth Addendum and whic.h are <br />defined in the Agreement shall. have the meanings given to them in the Agreement unless e~pressly <br />amon.ded by this Fifth Addendum. <br />Agreement~: <br />Zn consideration of Manager's agreement to pe.rform the Additional Services and <br />the mutual promises of the parties set forth in thi.s Fifth Addendum and for other good and <br />valuable cons'ideration, the receipt and sufficiency of which are hereby acknowledged, the parties <br />agree as fol.lows: <br />1. Extension of Term. The Ter~n shall be extended through December 31, 2000. <br />Section 1.3.4 of the Project Agreement, Section 5 of ihe First Addendum, and Section 1 of the <br />Second Addendum are hereby deleted. The Term shall continue ai~er December 31, 2000, on a <br />C:\W IIdD OW 6\1P~lIMierion doa <br />