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~~ <br />C~~~.~" <br />.~^~~.,~, ~-~"~~1 <br />FIFTH ADDENDUM TO PROJECT MANAGEMENT AGREEMENT <br />DATED: 2000 <br />BETWEEN: MARION COUNTY, OREGON, a political <br />subdivision of the State of Oregon and <br />SALEM AREA MASS TRANSIT DISTRICT, <br />a political subdivision of the State of Oregon (together, "Owner") <br />pTTD: MELVIN MARK DEVELOPMENT COMPANY, <br />an Oregon corporation ("Manager") <br />Recitals: <br />A. Owner and Manager are parties to a Project Management Agreement dated June <br />1, 1997 (the "Project Agreement"), as amended by an Addendum to Project Management Agreement <br />executed by Marion County on January 28, 1998 (the "First Addendum"), as further amended by a Second <br />Addendum to Project Management Agreement dated Apri12, 1998 (the "Second Addendum"), as further <br />amended by Amendment #3 to Contract for Services signed on November 4, 1998 (the "Third <br />Addendum"), and as fiirther amended by Amendment #4 to Project Management Agreement dated as of <br />October 15, 1999 (the "Fourth Addendum"). The Project Agreement, the First Addendum, the Second <br />Addendum, the Third Addendum, and the Fourth Addendum are collectively referred to in this Fifth <br />Addendum to Project Management Agreement (the "Fifth Addendum") as the "Agreement." <br />B. Attached as Exhibit A is a list of services that Manager has been asked to <br />continue to perform past the existing expiration date of the Agreement. 'The parties desire to extend the <br />Term of the Agreement to allow time for performance of such services and to provide for payment for such <br />services. <br />C. Capitalized terms which are used in this Fifth Addendum and which are defined <br />in the Agreement shall have the meanings given to them in the Agreement unless expressly amended by <br />this Fifth Addendum. <br />Agreements: <br />In consideration of Manager's agreement to perform the ^~'~^~' Services and the <br />mutual promises of the parties set forth in this Fifth Addendum and for other good and valuable <br />consideration, the receipt and sufficiency of which are hereby aclaiowledged, the parties agree as follows: <br />1. Extension of Term. The Term shall be extended through December 31, 2000. Section <br />13.4 of the Project Agreement, Section 5 of the First Addendum, and Section 1 of the Second Addendum <br />are hereby deleted. The Term shall continue after December 31, 2000, on a <br />