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SPECIAL MEETING JULY 22. 1993 <br />6. Approval of all material consultants, contractors, engineers <br />7. Artifact maintenance and update plan <br />8. Licensing and promotional program <br />9. Operation plan (fees, hours of operation, etc.) <br />10. Preliminary design approval <br />11. Other responsibilities as outlined in License Agreement <br />* Requires seven (7) votes to pass <br />CAPITAL IMPROVEMENT FUND <br />1. Operating Expense: <br />Year <br />1 <br />$ 60,000 <br />Year <br />2 <br />$ 80,000 <br />Year <br />3 <br />$100,000 <br />Year <br />4 <br />$120,000 <br />Year <br />5 <br />$140,000 <br />Year <br />6 and thereafter <br />$100,000 <br />2. Priority Expense: <br />- Before excess funds are distributed, Joint Committee <br />examines and determines if following priority expenses have <br />been satisfied: <br />- Acquisition of additional artifacts <br />- Improvements to archives <br />- Special programming needs <br />- Discretionary capital improvements <br />- Satisfaction of long-term and short-term operating <br />capital and exhibitry requirements <br />MANAGEMENT FEE <br />$50,000 annually due January 1 after completion of facility. <br />DISPUTE RESOLUTION <br />1. Non -trademark <br />- Claim - 30 days to resolve <br />- Mayor/Chairman meet to resolve - 30 days <br />- Dispute Resolution Panel - 2 by Mayor, 2 by Foundation, <br />1 Arbitrator selected by Mayor and Chairman (no vote) 8 <br />weeks to resolve <br />- Arbitration in Pittsburgh <br />- Litigation alternates between Indianapolis, Indiana and <br />New York, New York <br />2. Trademark <br />Accelerated dispute resolution to determine if the City <br />can <br />continue contested use. <br />Litigation alternates between Indianapolis, Indiana, and <br />New York, New York (Federal Court) <br />3. Loser pays cost of litigation. <br />There being no further presentations to be made to the members of <br />the Board of Public Works and the Century Center Board of <br />Managers, Mr. King inquired if members of either Board had <br />questions concerning the Agreements. <br />Mr. Joseph Burkus, Member of the Century Center Board of Managers, <br />asked Mr. Nussbaum to further explain what type of matter would go <br />to arbitration and why it was decided the loser should pay for the <br />cost of litigation and why that cost is not shared. Mr. Nussbaum <br />stated that a situation in which the matter might go to <br />arbitration would be for instance if the City found out that the <br />Foundation was not living up to their part of the bargain such as <br />inducting members or the licensing program, or if the City was not <br />living up to its responsibility to change exhibitry or in <br />1 <br />1 <br />