2009/09/16 Council Agenda Packet

10 dispute. The City's notification of the dispute must be in writing, and the 60-day negotiating period will begin upon notification, which is defined for purposes of this agreement to mean "receipt". During the 60-day period, any party may request the services of a professional mediator to assist in resolving the dispute, with such mediator to be selected by the disputing Parties. The Party requesting -such services shall-cover the costs of the-mediator•unless there is an agreement among the disputing Parties to share those costs. The parties shall otherwise remain solely responsible for their own costs. In the event that a mediator is selected by the Parties, the dispute resolution negotiating period will be extended for an additional thirty(30)days. In a water supply emergency, the City will provide the District as much notice as practicable and confer with the District to the extent practicable prior to commencing a proceeding at FERC. 2. Lake Chaplain Tract Off-License Agreement. 2.1. Notwithstanding the provisions of the above referenced 1960 Agreement, 1981 Amended Agreement, Supplemental Agreement, and Second Supplemental Agreement, and except as provided in Section 2.2 of this Agreement, the City shall bear all of its costs, expenses, and loss of use associated with compliance with and implementation of the Lake Chaplain Tract Off-License Agreement. In the event that all or a portion of the Lake Chaplain Tract lands is included within the FERC Project Boundary, the land within the Project Boundary will not be subject to the Lake Chaplain Tract Off-License Tract Agreement and, accordingly, the costs associated with the management of such lands will not be subject to the cost allocation provisions within this Agreement. 2.2. The Lake Chaplain Tract Off-License Agreement(Section ) provides that through-out the term of this Agreement, unless otherwise agreed, the City will use the District's wildlife biologist staff or other qualified wildlife biologist under the supervision of the District for the oversight of implementation and monitoring of the Lake Chaplain Tract Plan. During the first year after License issuance, the District will bear all costs and expenses associated with the use of District wildlife biologist staff. Thereafter and throughout the term of the new Project License, the District will bear all costs and expenses associated with the use of up to 200 hours of District wildlife biologist staff time. The City shall reimburse the District (as part of the Parties' existing operation and maintenance quarterly payment process) for fifty percent (50%) of all other District costs and expenses associated with the engagement and use of this wildlife biologist staff in excess of 200 hours of such staff time. 3. Term. Notwithstanding the provisions of the above referenced 1960 Agreement, 1981 Amended Agreement, Supplemental Agreement, and Second Supplemental Agreement, the term of this Third Supplemental Agreement shall be as set forth in 100 3