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attorney as well as the homeowners and the city we <br />are all eager to get this thing solved and at this <br />point the homeowners like alternative one as a <br />quick solution for their problem. <br />Brand: One of the things that we are doing right now is <br />looking at the most optimistic picture that could <br />exist. If this is the way we go I would recommend <br />very strongly that you, as Council, insure that we <br />have a signed agreement with the proper legal <br />party because we have some questions about which <br />of the various names that have been used is the <br />correct authority to enter into an agreement. You <br />need to tell us that it has to be the legal <br />authority, improvements have to be spelled out <br />with time tables for when they will be completed <br />and what will happen if the time tables are not <br />met. I also would like to see such an agreement <br />approved by Council before it's entered into. <br />Davidson: Is it the attorney's view that the developer is in <br />violation of the subdivision agreement. <br />Griffiths: My understanding is that the developer has not <br />provided at a minimum the guarantee funds that are <br />required by the agreement and are required by the <br />city ordinance. Additionally I have a question as <br />to whether or not the landscape funds that were to <br />be provided to the city have been provided to the <br />city. I was interested in Mr. Gallegos' comment <br />that he believes that the agreement has not been <br />violated and I would be interested in his response <br />to the question as to whether or not his client <br />has, in fact, provided those guarantee funds that <br />are set forth in the agreement and required by the <br />city code. Those are the two that I am familiar <br />with and there may be other issues in terms of <br />completion of the improvements. <br />Gallegos: We would like the Council to allow Mr. Franklin to <br />negotiate on your behalf. There was an agreement <br />signed between Vic Caranci and Mr. Richard Wanush <br />for an alternative method of guarantee and that <br />agreement was in writing and has been complied <br />with. I see no violation of that agreement. I <br />have not done a factual per litigation prepara- <br />tion to respond to a question like that. <br />Davidson: If such an agreement was signed by a previous <br />Director of Community Development and had not come <br />before the Council, is such an agreement binding? <br />Griffiths: I have not seen a specific agreement executed by <br />the City and by Mr. Caranci. If there is an <br />agreement I would like to see a copy of it. I <br />