8H Consent 2008 0407 - Laserfiche WebLink

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I. The ACCMA, ACTIA, Alameda County, City of Hayward and City of San Leandro are currently completing a study to identify and prioritize improvements for I-880 in central Alameda County. The Marina Interchange improvements for the HOV Lane Project is one of the projects currently being reviewed in the study. Currently the study has preliminarily estimated the unfunded design, permitting and construction cost for the Marina Interchange improvements far the HOV Lane Project at $33 million dollars. The City has reviewed and refined this preliminary cost estimate for the Marina Interchange Project to $27,564,000 dollars. J. Other improvements required for the transportation infrastructure not related to the Marina Interchange Project and serving the Medical-Retail Complex will be addressed in the entitlement process and will be completed by Kaiser and its partners under improvement and development agreements with the City. To achieve the goals outlined in these recitals, the Parties desire to enter into tlus Agreement. NOW, THEREFORE, the Parties hereto mutually agree as follows: 1. Project Scope. The limits of the Marina Interchange Project that are addressed by this MOU are those roadways within the Caltrans Right-of--Way ("ROW") and immediately adjacent and appurtenant-to the ROW from approximately 1500 feet to the north and 1500 feet to the south of the Marina Boulevard overcrossing structure along I-880 and from approximately Teagarden Street to Merced Street along Marina /Marina Automall Boulevard including the overcrossing structure. The primary purpose of this MOU is to ensure adequate funding for the additional improvements needed for the Marina Interchange proximate to the Medical-Retail Complex. 2. The Medical-Retail Complex Contribution. Kaiser and the City have determined through a fair share traffic analysis a defendable portion equal to 18.4 percent (18.4%) of the cost of the improvements necessary for the Marina Interchange Project. The Parties have agreed to a sum of five million seventy one thousand seven hundred seventy six ($5,071,776) as the appropriate share to be imposed on Kaiser as the property owner and to be allocated to the Medical-Retail Complex (the "Medical-Retail Contribution"). City agrees that the ACCMA will serve as the project manager of the Marina Interchange Project improvements and coordinate the final planning, design, enviromnental and construction with the HOV Lane Improvements. In consideration for the early payment of the Medical-Retail Contribution by Kaiser, City agrees to be the lead agency negotiating with Caltrans and the ACCMA to identify sources of additional funding for the shortfall still remaining after the Medical-Retail Contribution by Kaiser. Kaiser grants to the City wide discretion to use the Medical-Retail Contribution in a manner it deems appropriate, after consultation with the ACCMA, including spending said funds on Caltrans and ACCMA enviromnental, design and engineering costs for the HOV Lane project, provided that the objective of the Medical-Retail Contribution will be to replace and upgrade the Marina Interchange in order to better serve Kaiser Permanente and its employees, physicians and members. #380424 3 1 /2008