Courthouse Square Agreements (compiled notebook)

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INTERIM AGREEMENT FOR ARCHITECTURAL SERVIG S ~% Agreement made, effective as of , 1997, by and b tween Marion County, a political subdivision and body politic of the state of Oregon, and the S em Area Mass Transit District, a political subdivision and body politic of the state of Oregon, her inafter referred to as "Owner", and Arbuckle Costic Architects, Inc., an Oregon corporation, herein fter referred to as "Architect". The parties recite, declare and agree as follows: '~, 1. Owner owns Block 5, SALEM, Marion County, Oregon. Owner intends t build a mixed use facility on the real property generally consisting of underground parking fac lities, a transit center, administrative offices for Owner, and a commercial retail site to be leased t private parties for development of retail and other private facilities. The project is known as Court ouse Square. 2. The project is undergoing substantial redesign. Owner needs consultatio services of an azchitect. Architect has provided similar services for the original design of the proj ct, and wishes to continue in a consultative role. Owner wishes to retain the consulting services of Architect. 3. Owner and Architect acknowledge and agree that as of , 1 97, Owner has paid Architect the sum of $ , which amount is payment in full for servi ces rendered to that date. The parties have no further corrunitment to each other. 4. Both parties expect to negotiate an agreement retaining Architect to act as e architect for the design and construction of the project. Both parties expect construction to be in on or about , 199_, and to be completed on or about , 199_. Bot parties expect ~ the GMP to be between $ and $ . Both parties expect th Architect's fee to be not more than 6% of hard costs. The parties agree that all of the amounts pa d or payable to Architect for services rendered on and after July 28, 1997 and, of the sums pai or payable to Architect for services rendered prior to July 28, 1997, the sum of $ hall be applied as a credit against the amount of the fee payable to Architect under any final agre ment retaining Architect as the architect for the project. In the event that Architect and Own r reach a final agreement retaining Architect as the architect for the project, the Owner and Ar hitect agree to execute an agreement in the form attached hereto as Exhibit A. However, neither p is obligated to enter into a final agreement with the other for construction of the project. 5. The project is funded in part by a grant from the FTA. This agreement is subject to FTA contract requirements imposed upon Owner, as attached to Exhibit A and inco orated by this reference as if fully set forth herein. 6. Architect agrees to provide services as a consulting architect with that stand d of care, skill and diligence normally provided by professional architects. The work to be perfo ed includes the following: 1. Consult with Owner to ascertain the requirements of the project an confirm such requirements to Owner. Courthouse Square Project ~ Architect Interim Agreement Page - 1