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COURTHOUSE SQUARE AGREEMENT RESPECTIVE SHARE and CONTINUING CONTROL AMENDMENT _, 1999, by This Agreement is made and entered into as of the day of and between Marion County, Oregon, a political subdivision of the State of Oregon ("County") and Salem Area Mass Transit District, a political subdivision of the State of Oregon ("District"). Recitals. The County and District are parties to that certain Intergovernmental Development Agreement dated October 28, 1998, which was amended by agreement dated November 19, 1998 and by agreement dated December 14, 1998. Pursuant to the Intergovernmental Development Agreement, as amended ("IDA"), the parties caused construction drawings and specific(ternates nthe bidd g documentbfoPvanous spectslof bidding. The parties included several bid a the project, as described in the bidding documents. The parties have awarded a construction contract for the project that includes some, but not all, of the bid alternates. The construction contract award includes alternates no. 1, 2, 7, 9, 10, 11, 12, 13, 14, and 15. The parties desire to memorialize their agreement regarding their respective financial obligations for the various bid alternates that were awarded. Agreements. 1. Pursuant to the terms of the IDA, the paRies agreed to revise their Respective Shares on the basis of subsequent cost information. The parties agree that their Respective Shares of Project Costs uader the IDA shall be 30.64% to the District and 69.36% to the County. 2. The parties agree that alternate no. 1 is a Project Cost to be shared by the parties in accordance with their Respective Shares under the IDA. 3. The parties agree that alternate no. 2 is a component of construction outside of the Project, and shali be seperately billed by the Contractor and seperately paid for by the parties. The parties agree that they shall share in the expense of alternate no. 2 in accordance with their respective percentage ownership interests in the real property, i.e., the District shall pay for 31.29% of the cost of alternate no. 2 and the County shall pay for 68.71% of the cost of alternate no. 2. 4. The parties agree that alternates no. 7 and 9 are County expenses, the cost of which will be borne entirely by the County.