08-10-09-TCAAP WS - Laserfiche WebLink

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AR-DEN HILLS CITY COUNCIL TCAAP WORK SESSION-AUGUST 10, 2009 3 Councilmember Holmes questioned why Section 23 does not survive this situation. Attorney Filla noted there was a section in the PDA that specifically says which sections survive and which do not. He indicated there was a paragraph stating which sections survive and they could argue that the dispute resolution process or non-binding mediation is not one of those provisions. Attorney Bubul stated he did not agree with this opinion as there was language in Section 12 that names the sections that survive termination and Section 23 was not one of them, however, one that is named is Section 5 which deals with reimbursements and refers back to Section 23. He indicated that Ryan Companies is not disputing the survivorship of Section 23. Attorney Bubul noted the escrow agreement was not intended to supersede the PDA in any way. It was a voluntary action taken by both parties as there were disagreements acknowledging there was an offset and that the money should be set aside until the issues were resolved. Councilmember Holden asked if staff has met with Ryan Companies to begin discussions on these numbers. City Administrator Moorse noted that he has exchanged voicemails with Eric Anderson regarding scheduling a meeting, but that a date and time has not been set. Attorney Bubul explained that the parties would only begin arbitration or if the City agrees to these measures as there were no provisions within the PDA for these measures. Councilmember Holden questioned if a timeline should be drafted considering that Ryan Companies was not responding to staff s requests for a meeting. Attorney Filla stated that he did raise this concern with Ryan Companies and that if an end date were set, it may create additional concerns in rushing to a resolution. He was hopeful that the City could resolve these issues without hiring a mediator. City Administrator Moorse noted the City could set a timeline on the informal process and the timeframe by which, if it were not resolved that both parties would agree to start the mediation process.