Watsonville Municipal Code Art. 10 Dispute Resolution

Disputes arising out of the interpretation or implementation of this chapter or matters which are expressly made subject to arbitration by either party under the provisions of a franchise agreement shall be determined by a panel of three (3) arbitrators. Arbitration shall be mandatory as to both parties. Each of the parties, grantor and grantee, shall appoint one (1) arbitrator. The third arbitrator shall be appointed by the Presiding Judge of the Superior Court of Santa Cruz County, California, except if the parties agree, the two (2) arbitrators appointed by the parties shall appoint a third arbitrator. Arbitrations under this chapter shall be governed by the provisions of the California Arbitration Act. The expenses of the arbitration, including the fees of the arbitrators shall be borne by the parties in such manner as the arbitrators provide in their award. The determination of a majority of the arbitrators shall be binding on the parties. The arbitrators shall be required to follow the law of California and shall be lawyers or engineers with at least five (5) years experience in telecommunications law.

(§ 1, Ord. 1054-98 C-M, eff. July 9, 1998)

Grantee shall indemnify, defend and hold grantor, its elected officials, officers, agents and employees harmless from any liability, claims, damages, costs or expenses, including reasonable attorney’s fees, arising from injury to persons or damages to property to the extent caused by any conduct undertaken by the grantee, its officers, agents or employees, by reason of the franchise; grantee shall at its sole cost and expense, upon demand of grantor, appear in and defend any and all suits, actions or other legal proceedings, whether judicial, quasi-judicial, administrative, legislative or otherwise, brought or instituted or had by third persons or duly constituted authorities, against or affecting grantor, its officers, agents or employees, and arising out of or pertaining to the granting of a franchise to the grantee and/or any conduct of the grantee, its agents or employees which is within the scope of this indemnity.

(§ 1, Ord. 1054-98 C-M, eff. July 9, 1998)