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ATTY/AGR/2016.125/RWC-YMCA EXCLUSIVE NEGOTIATING AGREEMENT <br />REV: 06-20-16 VR <br />Page 5 of 12 <br /> <br />b. Project Dispute Resolution. With regard to any dispute associated with this agreement, <br />before any party may file an action or claim against the other party, the parties shall meet <br />and attempt in good faith to resolve any such disputes. Nothing in this section shall in any <br />way be interpreted as requiring that the parties reach agreement with regard to those <br />matters being addressed, nor shall the outcome of these meetings be binding in any way on <br />the parties unless expressly agreed to in writing by the parties to such meetings. <br /> <br />6. Funding Commitments and Opportunities for Reimbursement. <br /> <br />a. The Parties will share equally in the design costs associated with the master planning process <br />and the Phase I improvements. <br /> <br />b. The City will assume all fees and expenses associated with zoning, entitlements and <br />permitting for the Project. <br /> <br />c. The City will commit a minimum of Five Million Dollars ($5,000.000) in Fiscal Year 16-17 <br />toward the Project, which includes the appropriation of One Million Dollars ($1,000,000.00) <br />from that certain Development Agreement between the City and Stanford University. <br /> <br />d. The City will pay the costs incurred in connection with the environmental review <br />requirements associated with the development of the Project pursuant to the California <br />Environmental Quality Act and City regulations, hereby defined as “CEQA Costs.” In the event <br />the Project is finally approved by the lead agency and all relevant appeal periods have been <br />exhausted (“Project Approval”), the YMCA-SV will reimburse the City for Fifty Percent (50%) <br />of all the CEQA Costs. As prescribed in Section 2, above, the City will be solely responsible for <br />the oversight of the CEQA consultant’s budget, and the YMCA-SV will provide comments and <br />input on the scope of work. The Parties will periodically meet to <br />inform YMCA-SV of the progress of the CEQA process. <br /> <br />e. The cost of Project-related road improvement needed for mitigation of traffic impacts caused <br />by the Project and/or needed for ingress/egress to the Project site, if any, shall be shared <br />equally by both Parties. If the City opts to make general road improvements around the <br />Project site that are unrelated to mitigation or ingress/egress for the Project, such <br />improvements shall be completed and paid for by the City. <br /> <br />f. Each Party will be responsible for the accounting, management and collection of contributions <br />made to the Project, throughout the Predevelopment, Entitlement, Design <br />and Construction processes. <br /> <br />7. Future Agreements. The Parties seek to exclusively negotiate future written <br />agreements necessary to effectuate their partnership, as follows: <br /> <br /> <br /> <br />6.1.B. - Page 9