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Center. City shall identify funding sources for the Manila hlterchange project funding shortfall
<br />and consider a wide range of sources, including private developers, assessment districts, public
<br />sources, reallocation of Caltrans and ACCMA funding priorities such as the State Transportation
<br />Improvement Program f `STIP~ and the Central County Freeway-Local Alternative Transportation
<br />Transportation Improvement Program f 2,ATIP~. City understands the critical importance of a
<br />functional Marina Interchange Project to the future development of a Kaiser Permanente medical
<br />center at this location.
<br />10. Intent of this MOU. Kaiser acknowledges that as a public municipal corporation,
<br />City and its Council, Boards, Commissions, Departments, employees, officers, agents and
<br />representatives exercise certain police powers, taxation powers, and other govenimental powers,
<br />duties and authorities over the Retail and Medical Center Project sites and are required to follow
<br />applicable provisions and requirements of the City Charter of the City of San Leandro, the San
<br />Leandro Municipal Code, the California Environmental Quality Act (Public Resources Code §
<br />21000 et seq.,"CEQA~, and other ordinances, regulations, statutes and laws (collectively the
<br />`F'iltitlement Laws regarding the review, consideration, processing and approval of the
<br />Entitlements, any prospective development agreement and other administrative or ministerial
<br />approvals, permits, plans or actions required for the development of the Medical Center and
<br />Retail Projects. The Entitlement Laws require, among other actions, the filing of applications,
<br />payment of processing fees, and public notice and public hearings regarding the Entitlements and
<br />the applicable project. Kaiser acknowledges that City reserves (without qualification or
<br />restriction whatsoever) all of its rights under the Entitlement Laws (or any other applicable
<br />statute, law, ordinance, order, code or regulation) to approve, conditionally approve, modify, or
<br />deny the Entitlements for either or both the Retail Project and the Medical Center Project and all
<br />other administrative or ministerial approvals, permits, plans or actions required for the
<br />development of each project. In the event of the imposition of unacceptable conditions and
<br />te~717s or a denial, City agrees to promptly refund any remaining portion based on Kaiser's fair
<br />share of the Medical-Retail Contribution within 45 days of such an action. Notwithstanding any
<br />provision of this Agreement to the contrary, nothing contained in this Agreement shall in any
<br />manner (a) limit, restrict or affect (or constitute any form of promise to limit, restrict or affect in
<br />the firture) in any manner the exercise by City of its police powers, taxation powers or any other
<br />governmental powers, duties and authorities under the Entitlement Laws or any other statutes,
<br />laws, ordinances, or regulations or (b) constitute the approval of a project under CEQA or an
<br />action, policy, undertaking or other action requiring approval from the City.
<br />`I~AISEF~'
<br />KAISER FOUNDATION HOSPITALS,
<br />a California non-profit public benefit
<br />corporation
<br />By:_
<br />Name:
<br />#380424
<br />1 /2008 ll
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