ARBITRATION AGREEMENT AND RULES OF PROCEDURE - MDRT ISSUES ‘This Arbitration Agreement and Rules of Procedure ~ MDRTT Issues (“Agreement is dated as stated below, and is entered into by and between the City of Black Diamond (“Cit and CCD Black Diamond Partners, LLC (*Oakpointe"). WHEREAS, the City and Oakpointe are partie to that certin MPD Funding Agreement, dated December 15, 2011 (“Funding Agreement”); and WHEREAS, the Funding Agreement calle forthe formation of a Master Development Review Team (*MDRT"), which includes third party consultants forthe purpose of processing, and reviewing, and implementing development permits for Oakpointe's projects in the Ci WHEREAS, the cueat City Coun ofthe Cty has not approved longterm contr ‘ith oral payments to, the MDRT consultants and instead has auorized only 45-day contrat eubjet 1 addons conditions, including the re-opening of the constant process via further RFQS; and WHEREAS, under RCW 35A.12.10, the Mayor ofthe City is charged wit sein that all contacts and agreements made withthe City o for its use are fuitfllykep and performed and WHEREAS, the Mayor ofthe City has xectted and continues to execute short-erm ‘contract renewals withthe MDR'T consultants capped at $15,000 per contract and WHEREAS, pursuant to discussions on March 23,2017, between the City and ‘Oskpoine, the City and Oskpoint agreed tha sues elated to (a) the Mayor's duty andor authori to enter nto long-term conraets with the MDRT consultants and (tthe City Couns role with the MDRT, would be submited o binding arbitration pusuant tothe Washington Abitation Act, RCW Chapter 7.044. oman00e7 |NOW, THEREFORE, the City and Oakpointe agree as follows: 1. The purpose ofthis Agreement i to obtain binding determination ofthe following evo issues: Issue 1: Under the Development Agreement and Funding Agreement, does the Mayor have the obligation andthe authority to execute longterm consultant contracts, and to assure payment of consultants, so as to maintain & functioning Master Development Review Team (MDRT)? Issue 2: Under the Development Agreement and Funding Agreement, does the City Council have a role in viewing and selecting the MDRT ‘consultants or to participate inthe MDRT process? 2, Thearbitrator will be Steve Scott of JDR. The arbitrator will issue a written acceptance of his appointment. 3. The parties agree that the arbitration award willbe final and binding, and tat the arbitrator shall issue an award announcing the result of the arbitration, including limited findings ‘nd conclusions. The arbitration award may be judicially enforced pursuant to RCW 7.044. 4. The Mayor of the City will offer tothe City Council majority members Erika Morgan, Pat Pepper, and Brian Weber, the opportunity to participate in this arbitration as a | separate branch of the City government, and the City wil fund up to $5,600 in atomneys" fees (total) forthe majority three Councilmembers to colletively hitea lawyer to participate inthe arbitration, following the same agreement terms contained herein. Notwithstanding this arrangement for participation from both the executive and legislative branch of the City, ll references to dhe “parties” inthis agreement mean tothe City a a legal entity, and to Oakpointe asa legal entity, Nothing inthis paragraph shall be construed as any limitation or condition on the City's agreement to final and binding arbitration ofthe two issues referenced in Section 1, above. marrspocx)5. Pursuant to RCW 7.048.150, the hearing of this matter wil be “on he biel” No lve or in-person testimony, presentation of evidence, or argument shall be received, nr shall any discovery be permitted. The respective positions ofthe City executive branch, Onkpoints, and to the extet they choose to participate, the Council majority, onthe two questions ise in Section I shall be bite in writing. The briefs should include recommended findings and conclasions in support ofthe ebitation award, All such briefing shall be filed withthe bitrator and served on cach party and the abiteator by email on he fllowing schedule and to the email addresses listed below. To the extent the maority Councilmembers choose to patcipat in the arbitration a described in Section 4 ofthis agreement, thee lawyer shall provide an email address othe abitator, and undersigned counsel, for purposes of assuing service and fing “The briefing sched is Deadline to ile simultaneous opening briefs: ‘April 24,2017 Deadline to file simultanoous response brio: May 8,2017 6. Theeating shall be considered closed upon the abitrator's recip of the parties’ response briefs, as described in Section 5, above, Following receipt fal submits the ‘titator shall ender a writen arbitration award deciding Issues 1 and 2, above, The arbittion svar i due on or before June 1, 2017, and shall not inlude an award of fes, cost, ot ‘monetary damages of any kind, Pursuant to RCW 7.044.210(3), the arbitrator may’ order sch cxer remedies asthe arbivaor considers jus and appropriate under he iniedeteumstanes of the arbitration proceeding, The fat that such a remedy could not oe would not be granted bythe cout i no ground fr sefising to confi an avard under RCW 7.048.220 o for vacating an award under RCW 7.044.230. warmapooe?)‘The patie agre that each party will bear their own attomey’s fees and costs ‘The parties have requested an advance estimate ofthe arbitration fees, and request that each party be billed for one-half ofthe estimate. In the event thatthe estimate isnot suicient ‘cover the costs ofthe arbitration, each party shall be billed half of any additional amount 8. This Agreement may be signed in counterparts by the partes hereto with the same effect a though each had executed the same document. 9, This Agreement will be construed under the laws ofthe State of Washington. DATED this 3" day of Apri, 2017. CCAIRNCROSS & I} MPELMANN, PS. fy | welll ge Rogers, WSBA No, 25662 ‘Oatpine Attorneys for 524 Second Avene, Suite 300, Seattle, WA 98104-2323 Enuil: nrogers@eaimeross.com KENYON DISEND, PLLC David A. Linehan, WSBA No. 34281 ‘Attomeys for City 11 Front Stret $ Issaquah, WA 98027 Email: david@kenyondisendcom (aonarvo0x7