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E. Senior Affairs Commission, Ballot No. I Buchan Claire Howard La Berge Leipzig Ruskin Hartnett Totals Anthony X X X X X X 6 Harrison X X X X X X 6 Mooney X X 2 Mayor Hartnett announced that Jack Anthony and Jean Harrison were appointed to the Senior Affairs Commission. MINUTE ORDER NO. 96-134 CONSENSUS: Mayor Hartnett determined it to be the consensus of the Council to accept and endorse Councilman Leipzig's recommendation that "since we had so many qualified applicants" the City Clerk be directed to send Agenda and Minutes of the applicants board, committee or commission of choice, as weII as the City Council Agenda and Minutes, "to keep these weII-qualified people in the loop." MINUTE ORDER NO. 96-135 _____n______---------------------------------------------------------------------______n______--------______n- D. SETTLEMENT AGREEMENT WITH CENTRUM III ASSOCIATES AND PUBLIC HEARING TO CONSIDER AN AMENDMENT TO A DEVELOPMENT AGREEMENT WITH CENTRUM ASSOCIATES, ORACLE CORPORATION, AND CENTRUM OWNER ASSOCIA nON (304) REPORT: Senior Project Planner Jany, June 10, 1996 Senior Planner Jany presented the staff report and stated approval of the settlement agreement "gets us off the litigation loop and moves us on to the construction of the last and sixth Oracle tower." In response to Mayor Hartnett's questions, City Attorney Schricker said the settlement agreement "resolves pending litigation which has been pending for actuaIIy five years by clarifYing the terms and conditions relating to the facilities fees that are payable by the Centrum/Oracle interests. And in point of fact, the means by which we are resolving the litigation is by amending the development agreement. It is a two-fold operation in the sense that the development agreement allows for a change in the development which has occurred because of the passage of time and the market conditions over years; and second, resolves the facilities fees issues which were initially created by the original agreement. It is a resolution oftwo matters. They work together in tandem." Mayor Hartnett described the facilities fee issue and the proposed settlement agreement: "There is a major advantage to the City in that there would not be a refund of facilities fees MINUTE BOOK NO.54 that have been paid which are disputed in accordance with litigation....SecondIy, there is Page No. 282 MINUTES JUNE 10, 1996 REGULAR MEETING PAGE 18