Transfer of Building Official Duties. Notwithstanding any other provision of this Agreement (including Article 10), if the Authority determines that the City has failed to process an Application in accordance with Section 4.8(b), then by notice to the City the Authority may require that the disputed matter be submitted to the Building Official from the City of Santa Xxx, City of Santa Clarita, or City of Thousand Oaks (“Other Building Official”) for nonbinding mediation. The Authority will choose which of the three building officials shall serve as the Other Building Official based on soonest availability. Upon receipt of the request, the Other Building Official shall, within fourteen (14) days, hold an informal meeting with representatives of the City and Authority to review the disputed matter and obtain input, and within ten (10) days after that meeting, render a decision on the dispute. If the Other Building Official finds that the City is not in compliance with Section 4.8(b), then the Other Building Official also shall identify the action(s) that must be taken for the City to be in compliance. If the City fails to take such action(s) within 14 days, then the Authority may require the City to transfer building official duties for the Replacement Terminal Project to Los Angeles County pursuant to the City’s June 1, 2012 General Services Agreement with the County or any successor contract. After completion of the nonbinding mediation process set forth in this Section, the Authority shall have the right to seek judicial review of the City’s alleged failure to process an Application in accordance with Section 4.8(b) and, if applicable, the City’s failure to transfer building official duties in accordance with this Section 4.8(c).
