Agmt 2008 Kaiser Foundation Hospitals

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4. Termination. If termination of this Agreement is by mutual consent or due to the failure of the City to meet the objectives of this MOU, the City will return to Kaiser all the Medical-Retail Contribution less expenses incurred by the ACCMA for the improvements prior to that termination. The expenses incurred will be based upon the fair share ratio determined for the project. 5. Processin~of the Retail Project. In order for Kaiser to submit a completed application for its Medical Center Project, it is desirable for ICI to substantially complete its Environmental Impact Report for the Retail Project. City agrees to make best efforts to complete its environmental review of the Retail Project and consider the Project by September 2, 2008. Subject to the limitations of paragraph 10, City agrees to exempt the Retail Project from any additional fees, costs or exactions related to the Marina Interchange Project provided that Kaiser timely remit the Medical-Retail Contribution. The City acknowledges that processing delays to the Retail Project may delay the Medical Center Project and agrees to use its best efforts to expedite the processing of the Retail Project approvals. City will appoint a development team with the Community Development Director as team leader empowered to coordinate the City's various departments in their interaction with the ICI development team. The "City Development Team" shall consist of this team leader and persons responsible for various subject areas and the departments necessary for the timely processing of the ICI application, as reasonably requested by ICI. The City Development Team shall include an attorney from the City Attorney's office on a periodic basis, as needed. The City will ensure that its personnel are available to avoid delay to the schedule. City personnel will be available to review documents produced by City consultants in a timely manner with priority and ICI agrees to pay for the reasonable cost of such staff and the hiring of temporary outside staff support if the City team leader determines that such support will be necessary to keep the Retail Project on schedule. City shall review and provide its input to sub- consultant reports such as traffic and site plan review in a diligent manner and review and provide its input to the EIR consultant on the Administrative Draft Environmental Impact Report for the Retail Project within thirty (30) days. 6. Processing of the Medical Center Project. City agrees to make its best efforts to complete its environmental review of the Medical Center Project and consider the Medical Center Project on an accelerated basis by March 1, 2009. City agrees to use its best efforts to expedite the processing of the Medical Center Project approvals by tiering off of the environmental review performed for the Retail Project, and if appropriate, after independent review by the City Council, proceed with a mitigated Negative Declaration or other expedited approval. City will appoint a development team with one identified team leader empowered to coordinate the City's various departments in their interaction with the Kaiser development team. Kaiser agrees to pay any and all costs associated with the accelerated review required for the Medical Center Project. The City Development Team shall consist of this team leader and persons responsible for various subject areas and the departments necessary to the timely processing of the Kaiser application, as reasonably requested by Kaiser. The City Development Team shall include an attorney from the City Attorney's office on a periodic basis, as needed. Kaiser desires that the City and its staff understand the importance of the Kaiser Project schedule and the need for the efficient prioritization and allocation of staff time and resources and cooperation and coordination with the ACCMA and Caltrans to avoid undue delay in the provision of health care to Kaiser members and the community. The City will ensure that its personnel are available to avoid delay to the #380424 4 ~ C J~~ 1/2008 111 i ~(_l (,~