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ARDEN HILLS CITY COUNCIL-July 27, 2009 12 City Administrator Moorse clarified that at the bottom of page 1 it says that the claims funds shall remain in escrow until; 1.)The escrow agent has received written instructions directing the release of such funds as signed by both RRLD and the City (this would be the case with informal or non binding mediation process), 2.)the funds would come out based on a court order or arbitration if an agreement was not able to reached. Mayor Harpstead stated that this was only if the other party did not send written notice of intention to appeal the decision. Councilmember Grant asked where in Item 1 is the word mediation used. City Administrator Moorse stated that the word mediation is not included in Item 1. Mayor Harpstead clarified that Item 2 states that the escrow agent does not do any mediation. Councilmember Grant stated that this Escrow Agreement only referenced arbitration and does not have any reference to mediation. He also pointed out that all documents dealing with TCAAP that are relative to RRLD are finished. Mayor Harpstead stated that the Dispute Resolution still stands. Councilmember Holden stated that the PDA is not mentioned in the Escrow Agreement. She asked why the Escrow Agreement did not include references to the PDA. She asked if the PDA would still be a valid document after the Escrow Agreement was signed. Mayor Harpstead stated that the second "Whereas" does reference the PDA and he did not see language that reversed this. Councilmember Grant stated that the Dispute Resolution in the Escrow Agreement is entirely different than that of the PDA. He asked where the City Attorney was and why he was not present. City Administrator Moorse stated that he did not ask the City Attorney to attend the meeting because he did not feel that the Council wanted to get into the details of the Attorneys letter at this time.