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<br />ARDEN HILLS CITY COUNCIL WORK SESSION - FEBRUARY 26,2007 <br /> <br />5 <br /> <br />City Attorney Filla explained the statements in Section I O(b), defined a period of time during <br />which the developer can select an option which the City must follow. <br /> <br />City Attorney Bubul explained the options. He mentioned he could clarify the language and state <br />the choices. <br /> <br />Councilmember Holmes brought up her concerns on two day rule, given open meeting law <br />requirements. <br /> <br />Councilmember Grant suggested adding a sentence to Paragraph (d): "If, after the best efforts of <br />both City and Developer, as described in this agreement, the City is unable to collect all the <br />earnest money from GSA, the Developer will have no recourse to collect any of the earnest <br />money from the City". There was consensus amongst the City Council that the sentence be <br />added. <br /> <br />Mayor Harpstead suspended the City Council Work Session meeting at 7:00 p.m. <br /> <br />Representatives of CRR were present when Mayor Harpstead reconvened the meeting at 7:22 <br />p.m. <br /> <br />Mayor Harpstead reminded Council it was talking about the confusing language before the break. <br /> <br />City Attorney Bubul mentioned there is confusion as to whether it is the City's option to repay <br />the money. <br /> <br />Councilmember Holmes restated her question about how the 30 and 60 days under Section 10 <br />(b). <br /> <br />City Attorney Bubul explained that a 90-day notice is what was wanted. He pointed out CRR <br />expressed concern that if the City waited and rescinded towards the end, GSA might say rights <br />had been waived because the City was on notice for 90 days from CRR. <br /> <br />City Attorney Bubul explained the ultimate goal was to give the City 90 days to make a decision. <br /> <br />City Attorney Bubul indicated he would attempt to make the language regarding the 30, 60-day <br />notice clearer. He stated the City could begin negotiations with another developer if or when <br />notice was given by CRR. <br /> <br />The reference to two day rule was discussed by Council and Staff. <br /> <br />Mayor Harpstead asked what must be in place before the CDR is signed. <br /> <br />City Attorney Comodeca replied the RAA between MPCA and CRR. <br /> <br />Mayor Harpstead asked if the MOA would stand and could be enforced and how the two-day rule <br />was chosen. <br />