Agmt 2008 Kaiser Foundation Hospitals

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schedule. City personnel will be available to review documents produced by City consultants in a timely manner with priority and Kaiser 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 Medical Center Project on schedule. City shall review and provide its input to sub-consultant reports such as traffic and site plan review within ten (10) days and review and provide its input to the EIR consultant on the Mitigated Negative Declaration within thirty (30) days. 7. Retail and Medical Center Project Schedules. Kaiser and ICI acknowledge that changes to the Retail Project and the Medical Center Project description will result in delays to the schedule. Kaiser and ICI agree to respond to the data requests of the City's EIR consultant in a timely manner and do all necessary actions in their power to expedite their respective project schedules. Kaiser and ICI also acknowledge that the project schedules will be impacted by the public comment process and desires to encourage the discourse with the community regarding the development of the Medical Center Project and the Retail Project. The City agrees, to the extent feasible under the CEQA Guidelines, to allow the Medical Center Project to tier off any environmental review of the Retail Project successfully approved under the Retail Project EIR. 8. Kaiser-City Development Agreement. City acknowledges that a development agreement will be requested by Kaiser to vest the Medical Center Project entitlements fora 25- year term and such a development agreement may include among other items and, without limitation: (1) the vesting of fees and exactions for the Medical Center Project, including traffic related fees and exactions, as of the date of Kaiser's application; (2) an exemption from any development moratorium unless the moratorium is required solely to protect the public health and safety, (3) the right to vary the phasing of construction, depending upon the changes to the practice of health care ; (4) a City agreement to the use by Kaiser of modular or temporary buildings for construction or temporary medical uses prior to completion of permanent structures on the site; (S) exempting Kaiser from any future costs related to the Marina Interchange Project in exchange for the timely payment of the Medical-Retail Contribution; (6) City acknowledges that the size of hospital portion of the Medical Center Project site is the minimum necessary for the Medical Center build out and if mitigation for environmental or other purposes is proposed that would utilize land owned or to be owned by Kaiser, City agrees.to use its best efforts to not use the Kaiser land if other feasible alternatives exist. City acknowledges that Kaiser will be making the Medical-Retail Contribution in good faith reliance upon the agreement of the City to not impose additional costs, exactions and mitigation measures relating to the Marina Interchange Project. 9. Leadership and Coordination by Cites City agrees to coordinate the entitlement process for the Marina Interchange Project with the ACCMA, Caltrans and other responsible agencies to ensure that adequate traffic mitigation measures and improvements by responsible agencies can be feasibly implemented prior to or concurrent with the opening of the Medical Center. City shall identify funding sources for the Marina Interchange project funding shortfall and consider a wide range of sources, including private developers, assessment districts, public sources, reallocation of Caltrans and ACCMA funding priorities such as the State Transportation Improvement Program ("STIP") and the Central County Freeway- Local Alternative Transportation #380424 C 1 /200H J ~~I~I~ f