HUMPHRIES, VALERIE R. - Laserfiche WebLink

Home Browse Search

request Owner agrees to make to Agency not later than five (5) months after the Implementation Date. 4.3 1 sA_ection _Report. If a report has not yet been issued for the Property prior to the Effective Date of this Agreement, within twenty one (21) days of completion of each inspection, Agency shall deliver to Owner a written.report describing in reasonable detail in what respects, if any, the subject Property fails to meet the Property Standards (the "Inspection Report"). If the inspection finds that the Property is in compliance with the Property Standards, Agency shall promptly issue to Owner a Certificate of Compliance for the Property, and record a release of any liens or security documents recorded against the Property pursuant to this Agreement. 4.4 Appeals Process. If Owner disagrees with any finding of the Agency's inspector, Owner shall have the right, within thirty (30) days after receipt of the disputed Inspection Report, to appeal such finding in writing to the Agency. Ali appeal must state with reasonable specificity the item or items disputed by Owner in order to be considered. Upon receipt of any such appeal, Agency shall cause the Property to be reinspected within thirty (30) days and notify Owner in writing of the results of such reinspection within fifteen (15) days of completion of the reinspection. In the event that Owner still disputes any Agency finding after such reinspection, Owner shall have the right, within thirty (30) days after receipt of the disputed reinspection report, to appeal the matter to an appeals board comprised of four (4) members, two (2) of whom shall be appointed by the Association and two (2) of whom shall be appointed by the Agency's Executive Director. The appeals board shall hear the matter within thirty (30) days after receipt of the written appeal and shall render a decision within fifteen (15) days after hearing the matter. The decision of the appeals board shall be binding if made by a majority of the Board. If the appeals board cannot come to a majority decision, Owner shall thereafter have the right, within thirty (30) days after receipt of notice from the appeals board, to seek binding arbitration of the matter. The Agency and the owner shall exchange a list of three (3) arbitration candidates acceptable to each party from the JAMS/Endispute panel for Orange County (or such other organization as the parties shall agree). After exchange of such lists, the parties shall meet and confer, and attempt to reach agreement on appointment of a single arbitrator. If no such agreement can be reached within three (3) business days of such exchange, the parties shall conduct a second exchange, in which each shall name an additional three (3) arbitrator candidates fiona the same panel, different from those originally suggested by the parties. After the second exchange, the parties will again meet and confer, and attempt to appoint an arbitrator acceptable to each. In the event no such agreement can be reached within two (2) business days of the second exchange of arbitrator candidate lists, the parties, or any of them, shall petition the Orange County Justice Court, on an ex parte basis, to appoint the arbitrator. The arbitration will be conducted in accordance with the corrunercial arbitration rules of JAMS/Endispute (or such other rules as the parties shall agree). The arbitration shall be binding on all parties, and the parties waive any right to a trial and any right to appeal the arbitrator's determination. 7