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8F Consent 2007 0319
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8F Consent 2007 0319
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Last modified
5/4/2007 12:41:06 PM
Creation date
3/14/2007 3:44:18 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
3/19/2007
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PERM
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_CC Agenda 2007 0319
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2007\Packet 2007 0319
Reso 2007-035
(Reference)
Path:
\City Clerk\City Council\Resolutions\2007
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<br />1 to those stated in the agreement to arbitrate. Each party to said arbitration will he given <br />2 an opportunity to be heard and to present evidence. Upon inclusion of the hearing or <br />3 hearings, the Board shall state its findings of fact and conclusions of law and decision in <br />4 writing and shall sign the same and deliver one signed copy thereof to each party to <br />5 said controversy. Such award shall be final and binding upon each party to such <br />6 controversy. A majority finding shall govern if the arbitrators' determination is not <br />7 unanimous. Each participant shall pay his own expenses, including the expenses of the <br />8 arbitrator which it nominates. The administrative costs of the arbitration proceedings <br />9 and the cost of the neutral arbitrator shall be shared equally by all of the parties to said <br />10 controversy who have submitted said matter to said arbitration. <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br /> <br />Section 24. Withdrawal from Authoritv. Disposition of Assets <br />This agreement shall terminate only upon its expiration by its terms or upon <br />agreement of all the Agencies, such agreement being authorized by the governing body <br />of each of the Agencies. Upon the termination ofthis Agreement, the Capital assets of <br />the Authority shall be divided among the then parties to the Agreement in proportion to <br />their investment in the Phase I Project Joint Facilities as determined by Schedule A <br />attached hereto. Remaining funds shall be divided among the then parties to this <br />Agreement in proportion to their contributions from inception of the Authority. <br />An Agency may not withdraw from the Authority, prior to the termination of the <br />Authority by expiration of its terms, unless such Agency has arrived at an agreement <br />with the Authority or another Agency which is a party to this agreement whereby the <br />Authority or said other Agency acquires all of the rights in this Agreement and in said <br />Authority of said Agency desiring to terminate and likewise assume all liability including <br />bonded indebtedness of said Agency desiring to terminate this Agreement. Each party <br />to this Agreement waives its right to seek a judicial portion of any interest it may have in <br />the Authority and/or in any assets of the Authority, including real property, <br />improvements which constitute a part of the real property, and/or personal property. <br /> <br />-23- <br />
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