Escrow account created as part of the SWANCC decision.
IN NOVEMBER 1998, SIMON FILED A MOTION FOR DISPUTE RESOLUTION WITH THE COURT. THEY ASKED FOR THE COURT TO FIND THAT THEY OWNED $0 IN STIPULATED PENALTIES. AFTER ANOTHER UNSUCCESSFUL ATTEMPT AT SETTLEMENT, THE PARTIES ENGAGED IN WRITTEN AND ORAL DISCOVERY. ON JULY 9, 2001, SIMON MOVED TO VACATE THE CONSENT DECREE BASED ON THE SUPREME COURTS' SWANCC DECISION OF JANUARY, 2001. THE PARTIES THEN NEGOTIATED A SETTLEMENT OF SIMON'S REMAINING OBLIGATIONS UNDER THE CONSENT DECREE. UNDER THIS SETTLEMENT, $225,000 WILL BE PLACED IN AN ESCROW ACCOUNT TO PAY FOR MAINTENANCE OF THE WETLANDS AT BOTH THE RESTORATION AND MITIGATION SITES. THIS SETTLEMENT IS FINAL as of approximately March 2003.