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2012/09/26 Council Agenda Packet
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2012/09/26 Council Agenda Packet
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Council Agenda Packet
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9/26/2012
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9 <br /> written notice to Grantor and the City promptly after any assignment of RDC's interest under <br /> this Agreement. <br /> 9. In the event that a dispute under this Agreement arises between the parties, each <br /> party to the dispute agrees to work diligently and expeditiously to resolve that dispute. If a <br /> dispute arises, at the request of one party, each of the parties to the dispute shall meet, within <br /> three (3) days to discuss the substance of the issue(s) in dispute. In the event that the parties <br /> are unsuccessful in resolving the dispute(s) at the initial meeting, within three (3) days <br /> thereafter, the Grantor's Director of Engineering, or his designee, RDC's Division Manager, <br /> or his designee, andlor the City's Director of Public Works, or his designee, as the case may <br /> be, shall meet to discuss the substance of the issue(s) in dispute. If the parties to the dispute <br /> are unsuccessful in resolving the disputed issue(s) at this subsequent meeting, the parties to <br /> the dispute agree to engage the services of a mediator who is mutually acceptable and <br /> participate in mediation within twenty (20) days of the subsequent meeting or as soon <br /> thereafter as the mediator may be available or at such later date as the parties to the dispute <br /> may agree. In the event that mediation fails to resolve the issue(s) in dispute, each party to <br /> the dispute shall be free to seek such other recourse as may be available. <br /> 10. Nothing in this Agreement is intended to modify any of the terms or conditions <br /> of the RDC Lease. This Agreement survives the expiration or termination of the RDC Lease. <br /> Upon expiration or termination of the RDC Lease, all rights and obligations of RDC (and its <br /> successors and assigns) under this Agreement shall automatically terminate, except that rights <br /> and obligations under Section 6 above and Section 9 above shall survive such expiration or <br /> termination, but solely with respect to any acts, omissions, circumstances or events that <br /> occurred prior to the expiration or termination of the RDC Lease. <br /> 11. The terms and conditions of this Agreement are intended to touch and concern <br /> and run with the land. <br /> 12. The parties acknowledge that some provisions of this Agreement, particularly <br /> with respect to traffic and operational matters,may become obsolete as years go by. Upon the <br /> request of any party, all parties hereto agree to negotiate reasonably and in good faith to <br /> amend this Agreement from time to time as the circumstances and the operational needs of the <br /> parties may require. <br /> The Rest Of This Page Intentionally Has Been Left Blank— <br /> Signatures, Acknowledgments And Exhibits Follow <br /> EASEMENT AGREEMENT FOR WATERLINE pg.6 <br /> 45 <br />
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