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ARDLN HILLS CITY COUNCIL WORK SESSION—NOVEMBER 19, 2012 9 <br /> City Administrator Klaers clarified that the lobbying would have to be agreed upon by both <br /> parties. <br /> Mayor Grant stated Section 3.7.2.3 does not state "the City shall recover". <br /> Mr. Norton indicated he would amend this section. <br /> Councilmember Holden asked if park dedication fees would be paid to the City or the JDA. <br /> Community Development Director Hutmacher commented this would be collected by the JDA <br /> and forwarded to the City to assist with park capital costs. <br /> Councilmember Holden questioned if the City should have to pay the fair market value on the <br /> property as noted in Section 5.6, if the County were to default. <br /> Mr. Norton stated the land would have more worth once remediated and utilities were installed. <br /> Councilmember Holmes did not anticipate the City would ever purchase any of this property. <br /> Councilmember Holden inquired who would have ownership of the AUAR and the Master Plan. <br /> Mr. Norton explained the City will draft the AUAR and the TCAAP Master Plan. The City and <br /> County would have joint ownership of the Master Plan. He noted this would be a public <br /> document and not a private document, as was the case with Ryan Development. <br /> Councilmember Holmes asked if binding mediation or arbitration should be mandated in the <br /> case of any disputes. She stated mediation was less expensive than taking the County to court. <br /> Mr. Norton recommended the language remain as is. <br /> Councilmember Holmes suggested that if one party were to act fraudulently that the other parry <br /> have their investment returned in full. <br /> Mr. Norton noted there was a section within the JPA covering defaults. <br /> Councilmember Holden questioned if a developer could purchase a 50 acre parcel and sit on the <br /> land. <br /> Public Works Director Maurer explained there would be huge holding costs as assessments <br /> would begin on the land as soon as it was sold. <br /> Councilmember Holden inquired if the properties sold within TCAAP would have deed <br /> restrictions. <br /> Mr. Norton stated deed restrictions would not be set on the parcels. He indicated through proper <br /> title review, the properties would have a Phase I completed in the future, prior to the resale of the <br /> properties. <br />