Those discussions resulted in the Settlement Agreement submitted to the Board for approval as part of the attached ordinance. The Settlement Agreement has been approved by the plaintiffs and the developer. The Agreement provides that the incentives for the development project will be reduced from 50% to 20%, provides $500,000 to be paid by the developer to the Park Tower Condominium Association and $500,000 to be paid by the developer to the plaintiffs for their costs and expenses of litigation, the installation of a camera facing east on top of the new apartment tower and providing a live Internet feed to units in the Park Tower Condominium, and a requirement that exterior lighting on the new project above the first floor be extinguished at 10 o’clock each evening.

05-20-16 BOA Minutes May 20, 2016 Page 2 of 4 The reduction in development incentives is to be accomplished by an amendment to the Development Agreement previously entered into between the city and developer. The attached ordinance also approves an Amended and Restated Development Agreement to provide for the reduced tax abatement while maintaining all other terms of the previously approved Development Agreement. Recommendation is to approve the ordinance. Alderman Berkowitz asked if there is something specifically where the developer is also releasing the City. City Attorney O’Keefe stated that the specific statement is not in the document adding that the litigation involved is no claims between us. Alderman Berkowitz stated that this does not mean that they cannot bring claims of indemnity later. City Attorney O’Keefe stated that he would have further conversation with the developers’ legal counsel and report back to the Board and the City Manager. Alderman Boulton introduced Bill No. 6559, an ordinance to consider approval relating to the settlement of litigation for the 212 S. Meramec Avenue Development and to consider an amendment to the Redevelopment Agreement for 212 S. Meramec Avenue to be read for the first time by title only. Alderman Berger seconded.

City Attorney O’Keefe reads Bill No. 6559, an Ordinance approving a Settlement Agreement and Release of Claims Related to the Construction of a Building Located at the Southeast Corner of Meramec and Bonhomme Avenues; Approving an Amended and Restated Development Agreement Related to the Crossing in Clayton Redevelopment Corporation Development Plan; and Authorizing Certain Actions in Connection Therewith for the second time by title only. Alderman Boulton – Aye; Alderman Berger – Aye; Alderman Lintz – Aye; Alderman Berkowitz – Aye; and Mayor Sanger – Aye. The bill was adopted and became Ordinance No. 6426 of the City of Clayton. DISCUSSION AND FOLLOW-UP ON THE BOARD OF ALDERMEN RETREAT

Alderman Lintz asked to what extent are the priorities that was discussed at the retreat; will the Board have an opportunity to discuss them further and what are the next steps?

05-20-16 BOA Minutes May 20, 2016 Page 3 of 4 City Manager Owens explained that those priorities become part of the staff’s work plan. The items/issues that were decided on have budgetary impacts and are currently being planned. Staff is working on merging the list and he thinks that there is a good option to be considered to help achieve the goals at which will be done as part of the budget process. During this process it will be an opportunity for discussion and he believes that direction will be on track. If modifications are required, or an answer to questions, or perhaps we are not sure which of the three paths we might need to go we will certainly come back and seek the Board’s input. Mayor Sanger commented that he was interested to know what the process would be in order to “meld” the staff’s recommendations under the different categories into the recommendations that the Board listed. City Manager Owens explained that by the Board’s adoption of the eight priorities, four of those also included the priorities initiated by staff and the other four priorities were unique to the discussion, but all eight are now adopted. Mayor Sanger commented that he felt that this most recent (retreat) process was different. In the past processes major positioning, major policy items, and major things where discussed to position them into getting things done. This recent process was about "are we on the right track”.