Agmt17 Belmont-Redwood Shores School District

Browse Search

SECTION 25 DISPUTE RESOLUTION The dispute resolution provisions set forth in this Section shall apply to all disputes between the Parties relating in any way to this Lease, the New Project or the Premises. (a) Meet and Confer. The Parties shall endeavor to resolve any disputes relating to this Lease through reasonable business like dispute resolution procedures without resort to litigation. Accordingly, if any dispute arises, either Party may call a special meeting of the Parties by written request specifying the nature of the matter to be addressed. The meeting shall be held at the offices of City, and shall be attended by representatives of City and District who have authority to resolve the dispute. The representatives shall confer in a good faith attempt to resolve the dispute until they either succeed or one or both Parties concludes that the dispute will not be resolved through additional meetings. (b) Mediation. If a matter in dispute is not resolved through the special meeting process, either Party may initiate mediation by delivering written notice to the other. Both Parties shall attend and participate in the mediation, which shall be non-binding and without prejudice to any other rights or remedies which any Party may have. Unless the Parties agree otherwise, the mediation proceedings shall be conducted by an independent mediator acceptable to both Parties who shall be a retired judge of the California State Courts. If the Parties are unable, within 30 days after the notice initiating the mediation is delivered, to agree upon a mediator, then the mediator shall be chosen by the "Selection Process" described below. The costs of the mediation shall be shared equally by both Parties to the mediation, except that each Party shall pay the fees, costs and expenses of its own legal counsel and consultants in connection with the mediation. Any voluntary settlement reached as a result of the mediation process shall be reduced to writing. (c) Selection Process. If the Parties are unable to agree upon a mediator, then the Party shall be selected in accordance with the following procedure. If the Parties are unable to agree upon the mediator (the "Neutral Party"), as the case may be, within the time period designated for such agreement, then upon written request of either Party, both Parties shall submit in writing to the other Party the names of its two candidates for Neutral Party. The two names shall be delivered to the other Party within ten days after the date of the notice for submission of names. Each Party shall have the right, by written notice to the other Party delivered within ten days after receipt of the two names, to eliminate one of the names submitted by the other Party. After the expiration of the ten day elimination period, City shall write the names remaining (one name, at least, submitted by each Party) on identical papers and City shall fold the papers so that the names are not visible. The names shall be placed in a receptacle and in the presence of representatives of both City and District, a representative of District shall draw a name. The name on the paper selected shall be the Neutral Party for purposes of resolving the then extant dispute. SECTION 26 EMINENT DOMAIN 26.1 Definitions. The following definitions shall apply in construing the provisions of this section 26: (a) "Award" means all compensation, damages or interest, or any combination thereof, paid or awarded for the Taking, whether pursuant to judgment, by agreement, or otherwise. (b) "Notice of Intended Taking" means any notice or notification on which a reasonably prudent person would rely and would interpret as expressing an existing intention of Taking as distinguished from a mere preliminary inquiry or proposal. It includes, but is not limited to, the service of a condemnation summons and complaint on a Party to this Lease. The notice is considered to have been received when a Party to this Lease receives from the condemning agency or entity a written notice of intent to take. (c) "Partial Taking" means any Taking that is neither a Total Taking nor a Substantial Taking ATTY/AGR/2017.041/GROUND LEASE—SANDPIPER REV: 03-01-17 JS Page 18 of 33