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Councilmember Riley stated that in this situation, the City would be paying the contractor for <br />this work and asked why the developer would not just pay that amount. <br />City Engineer Westby explained that the City contracted for this work and in order to move <br />ahead with this contractor at the unit prices specified, the City would need to continue in this <br />manner. <br />Mayor Strommen stated that it appears the most efficient method to get the results would be to <br />move ahead in this manner. <br />Councilmember Kuzma asked if the grant funds would be impacted if this was not completed in <br />a specified amount of time. <br />City Engineer Westby provided additional information on the federal aid design standards, <br />noting that while there is not a timeline the City should not delay in that restoration. <br />Mayor Strommen stated that this is an unfortunate situation for the City and Village Bank and <br />believed the best path would be for the parties to get this finished in the most efficient manner. <br />Councilmember Riley asked for additional information on the plat. <br />City Engineer Westby stated that the plat would not be recorded until the site is cleaned up in a <br />manner in which the development could move forward as proposed. <br />Councilmember Riley referenced specific language in the agreement, which states that Village <br />Bank could hold the escrow and asked if that is a conflict of interest. <br />City Attorney Langel stated that he has seen it done in both ways and has not seen any problems <br />with an involved bank holding escrow. He stated that the language could be modified if the <br />Council desires. <br />Councilmember Riley stated that he wants to be easy to work with and business friendly but <br />wants to ensure the City and residents are protected and would like to see the escrow held at <br />another bank. <br />Councilmember LeTourneau stated that it does not seem that the change would be hard to make <br />but wanted to help make things move forward easily. He stated that the opinion of City Attorney <br />Langel was that the City would have little to no risk and therefore felt comfortable leaving the <br />language as is. <br />City Attorney Langel stated that if another bank is chosen, an escrow agreement would be <br />necessary with that bank. <br />Councilmember Kuzma stated that he would also be comfortable having Village Bank hold the <br />escrow. <br />City Council / October 13, 2015 <br />Page 11 of 13 <br />