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Agmt13 Redwood City School District MOU-Fair Oaks Elem field
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Agmt13 Redwood City School District MOU-Fair Oaks Elem field
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Last modified
3/4/2013 12:50:47 PM
Creation date
3/4/2013 12:50:38 PM
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Agreement
Contractor Name
Redwood City School District
PROJECT NAME
MOU-re RWCSD contribution of $200K for renovation of Fair Oaks Elementary School field
RMP File Number
304
Date
2/27/2013
MO Ref
13-043
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EXHIBIT A <br /> b. Providing users with a defined resolution process that is to be followed if the dispute cannot be resolved <br /> satisfactorily for all parties at the level at which it occurs. 'This process will utilize the following steps: <br /> i. If a dispute is not resolved by the involved parties,it should be referned to the Joint Use <br /> Oversight Team by contacting one of the designated team members. The team will meet and <br /> attempt to find a resolution within 30 days of the referral. <br /> ii. Disputes that are unresolved at the level of the Joint Use Oversight Team,shall be referred to the <br /> City Manager and the District Superintendent,or their designees, for resolution. <br /> iii. In the event that the Superintendent and City Manager are unable to resolve the dispute,the <br /> parties agree to work,in good faith,to resolve the dispute through mediation with a mutually <br /> acceptable neutral third party before,and as a condition precedent to,the initiation of any <br /> adjudicative action or proceeding. <br /> iv. The cost of the mediator,if any, shall be shared by the Interested Pazties. <br /> v. If a mediated settlement is reached,neither party shall be the prevailing party for the purposes of <br /> this settlement. <br /> 18. Studeat Safety <br /> The safety and security of District students and staff aze of the utmost importance. 'Therefore,except as <br /> noted in the Site Specific Attachments, use of the District Facilities during school hours will be limited to <br /> use by students,teachers and other school staff.All joint use of Facilities by non-district users(both for City <br /> sponsored and other Community events)will take place during off-school hours(e.g. starting at 3:30 p.m. <br /> on school days or on weekends and holidays or as modified by the Oversi�ht Team)when school is not in <br /> session and will be governed by the District's Boazds policies and administrative regulations regarding <br /> facilities use.District shall provide City with reasonable notice of changes to these policies. <br /> 19. Termination <br /> `This Agreement may be terminated by each of the Parties at any time prior to its expiration for any reason <br /> whatsoever, including circumstances beyond their control,with six(6)months written notice. <br /> 20.Amendments <br /> T'his Agreement may not be modified, nor may compliance with any of its terms be waived,except by <br /> written instrument executed and approved in the same manner as this Agreement. <br /> 21.Not a Joint Venture or Joint Powers Authority <br /> The Parties intend by this Agreement to establish only an arrangement with regard to facilities management, <br /> maintenance,and use for school activities and recreational opportunities for the community,and do not <br /> intend to create a joint powers agency,partnership,joint venture, or joint enterprise of any lcind. <br /> 22.No Third Party Beneficiary <br /> This Agreement is only for the benefit of the Parties as public entities and shall not be construed as or <br /> deemed to operate as an agreement for the benefit of any third party or parties,and no third parly or parties <br /> shall have any right of action or obtain any right to benefits or position of any kind for any reason <br /> whatsoever. <br /> 23.Notices and Contracts <br /> All notices,demands,request,approvals,authorizations,or designations hereunder by a Pariy to the other <br /> Party shall be in writing,unless otherwise specified in this Agreement,and shall be given and served upon <br /> the other party,sent by United States registered mail,return receipt requested,postage prepaid and <br /> addressed as follows <br />
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