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Regular City Council Meeting Monday, May 21,2012 Page 24 that the City could acquire land with these funds, but the Commission had ap- parently decided not to pursue that option at this time. Mr. Trudgeon noted that, even though this parcel and that north on County Road C were owned by the same property owner, a different project was being discussed and became more complex. Councilmember McGehee opined that any park dedication funds should be used to purchase land around Langton Lake Park, especially when the intent was to improve or protect water quality and address other mitigating factors. Indemnification for Operation of Wal-Mart Councilmember McGehee questioned why the City was not indemnified for op- eration of the Wal-Mart. Regarding day-to-day operations, Mr. Trudgeon deferred to legal counsel. City Attorney Mark Gaughan sought additional clarification from Councilmem- ber McGehee, with Councilmember McGehee advised that she was seeking as- surances for proper remediation for TCE or health damages to people accessing or working at the Wal-Mart site for any harm caused by contaminated soils. City Attorney Gaughan noted that Councilmember McGehee's question as- sumed City liability and indemnification suggested that the City was assuming some liability, which he didn't believe would be the case. At the request of Mayor Roe, Mr. Gaughan summarized the Indemnification Clause included in the draft Development Agreement that would "hold harm- less" the City under demands or complaints under the project's construction. Once completed, Mr. Gaughan advised that he could not fathom any scenario where a private property owner would be required to indemnify the City for an- ything happening on that private property. Mayor Roe concurred with City Attorney Gaughan that this was certainly not common practice. Councilmember McGehee disputed that assumption, opining that the property was a Brownfield and such an event could happen, especially since this is the first development to occur in the area; and there would be a significant number of employees and shoppers at the facility. Long-Term Continuity of Wal-Mart Operations Councilmember McGehee questioned if it was possible to have an escrow fund established in case Wal-Mart chose to move on and leave behind a large, vacant building that couldn't be marketed; and to protect Roseville residents against that possibility. Councilmember McGehee advised that she was aware of 159