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Last modified
9/20/2012 7:21:38 AM
Creation date
8/15/2011 2:41:11 PM
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Building
RecordID
10248
Title
Legal- Miscellaneous
Company
Marion County
BLDG Date
1/1/1999
Building
Courthouse Square
BLDG Document Type
Legal
Project ID
CS9801 Courthouse Square Construction
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5. The parties agree that alternates no. 10, 11 and 15 are District expenses, the cost of which <br />will be borne entirely by the District. <br />6. The parties agree that alternates no 12 and 13 generally are unit prices for items which are <br />project expenses shared by the parties pursuant to any change order requiring the work described <br />in the alternates. However, specific change orders for alternates no 12 and 13, to the extent the <br />same arise out of or relate to the presence or suspected presence of hazardous or toxic substances <br />or materials, shall be solely a county expense. The parties further agree that alternate no 14 is a <br />county expense, the cost of which will be borne entirely by the county pursuant to any change <br />order requiring the work described in the alternate. The parties shall determine whether the cost <br />is a county cost or a shared project cost as each change order is processed. <br />7. The aggregate cost of the alternates described in paragraphs 4 and 5 is $570,000.00. The <br />payment by the parties of their Respective Share of the alternates described in paragraphs 4 and 5 <br />results in a net credit to the County owing from the District of $335,352.00. (District's payment <br />of its Respective Share, 30.64%, of $570,000.00 is $174,648.00, whereas its obligations under <br />paragraphs 3 and 5 is $510,000.00, an underpayment of $335,352.00). <br />8. The parties agree to make progress payments in accordance with their Respective Shares. <br />In addition, since the majority of the District's underpayment obligation is attributable to alternate <br />no. 11 (clocktower pavilion), the District agrees to pay County the sum of $335,352.00 as <br />follows: the sum of $167,676.00 will be paid to the County at the same time as the payment of <br />the progress payment which reflects that the clocktower pavilion is 50% completed and the <br />balance will be paid when the clocktower pavilion is 100% completed. <br />9. The Federal Transit Administration has requested modification of language relating to the <br />District's obligation to maintain continuing control over transit facilities. The FTA has approved <br />the revisions to Exhibits A, B and C of the IDA, identified in the attachments. The revisions to <br />Exhibits A, B and C of the IDA set forth in the attachments are hereby approved by the parties. <br />10. Except as expressly modified by this Agreement, all of the terms and conditions of the <br />IDA, as amended, shall remain in full force and effect. <br />Marion County <br />i <br />~~~ ~ I <br />Chair <br />Salem Area Mass Transit District <br />Title: <br />
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