Agmt 2008 Kaiser Foundation Hospitals

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Improvement Program ("LATIP"). City understands the critical importance of a functional Marina Interchange Project to the future development of a Kaiser Permanente medical center at this location. 10. Intent of this MOU. Kaiser acknowledges that as a public municipal corporation, City and its Council, Boards, Commissions, Departments, employees, officers, agents and representatives exerci~e~~cert~~n ~c~~ ~~owers, taxation powers, and other governmental powers duties and authorities over th ro~ect rte and are required to follow applicable provisions and requirements of the City Charter of the City of San Leandro, the San Leandro Municipal Code, the California Environmental Quality Act (Public Resources Code § 21000 et seq., "CEQA"), and other ordinances, regulations, statutes and laws (collectively the "Entitlement Laws") regarding the review, consideration, processing and approval of the Entitlements, any prospective development agreement and other administrative or ministerial approvals, permits, plans or actions required for the development ofthe Medical Center and Retail Projects. The Entitlement Laws require, among other actions, the filing of applications, payment of processing fees, and public notice and public hearings regarding the Entitlements and the applicable project. Kaiser acknowledges that City reserves (without qualification or restriction whatsoever) all of its rights under the Entitlement Laws (or any other applicable statute, law, ordinance, order, code or regulation) to approve, conditionally approve, modify, or deny the Entitlements for either or both the Retail Project and the Medical Center Project and all other administrative or ministerial approvals, permits, plans or actions required for the development of ~ a~~~ Project. In the event of the imposition of unacceptable conditions and terms or a denial, City agrees to promptly refund any remaining portion based on Kaiser's fair shaze of the Medical-Retail Contribution within 45 days of such an action. Notwithstanding any provision of this Agreement to the contrary, nothing contained in this Agreement shall in any manner (a) limit, restrict or affect (or constitute any form of promise to limit, restrict or affect in the future) in any manner the exercise by City of its police powers, taxation powers or any other governmental powers, duties and authorities under the Entitlement Laws or any other statutes, laws, ordinances, or regulations or (b) constitute the approval of a project under CEQA or an action, policy, ~ 6~ undertaking or other action requiring approval from the City, (.D~ "KAISER" By Na. KAISER FOUNDATION HOSPITALS, a California non-profit public benefit corporation ~t380424 6 1/20Q8