Courthouse Square Agreements (compiled notebook)

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5EP.1~.199~ 1~~~~RM N0.a1z P.7i19 ~ Construction Contract, tha cost of contract bonds and insurance of all kinds that may be requir~d or nec~ssary during th~ course of construction of the Project Improvements; (v) all costs of engineering services, including test borings, surveys, estimates, plans and specifications and preliminary in~estigations, and to the extent approved by the Review Committe~, the costs of petforming all other duties required by or consequant upon the proper consuuction of the Project Improvements; (vi) to the extent approved by the Revlew Committee and not included as part of the costs coverad by d~e Quaranteed Maximum Price pursuant to the General Construction Contract, the costs of site preparation of the Property, if any, and the cost of permits; (vii) che cosc of constcuction of Project Improvements included in the Guaranteed Maximum Price pursuanc to the General Construction Contract; provided that "Project Costs' sha11 not include any costs incurred by a party for advisors, consulta~ts or contractors retained by that Pazty individually. 1,35 "Pro,ject Budget" shall mean, collectively, the Demolition Budget, the General Construction Budget and the Additional Project Cost Budget. I.36 "Progress Payment Request" shall mean a request in the form of Exhibit D attached hereto prepared and certified as true and accurate in all respects by tl~e Project Manager and sctting focth th~ Project Costs or amount of the Manager's Compensation that is due and payable, the date(s) upon which the same az~ due and payabl~, the person(s) to whorn the same are owing, and accom~anied by such invoi,ces, affidavits, releases, waivers and other information and supporting documentanon as the Review Committee may request. ~ 1.37 "Project Ymprovements" means the Transit District Facilicies, the Counry FaciIities and the R~tail Facilities. 1,35 "Praject Management Agreement" means the Project Mana~ement Agreement dated , 1997 among the County, the Transit District, and the Project Manager, 1.39 "Project Manager" shall mean 1.40 "Public Hearing Room" shall mean one Unit of approximately square feat to be owned and us~d jointly by th~ Transit District and the County as a public hearing room and maeting plac~. 1.41 "Property" shall mean the real property described as Block S, SALEM, Marion County, Oregon. 1.42 "Real Estate Purchase Agreement" means the Agreement of Purch~.se and Sale and Joint .• Bscrow Instructions dated as of February 5, 1997, between tlie County and the Transit District and pertainin~ to the Property. 1:43 "Release" shall mean releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, disposing or dumping. I.44 "Respective Share" means th~ percentages shown in Exhi.bit E, as the ssme may Ue adjusted from time to ume by the Review Commiitee as provided in Section 4.5(v). 1.45 "Review Committee" means a committee comprisad of a representative of the County and a representative of the Transit District, ~; Courthouse Square Development Agteement Page - 6