3A Public Hearing 2010 0503 - Laserfiche WebLink

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DEVELOPMENT AGREEMENT The Development Agreement (see EXHIBIT F: Development Agreement) is a legally binding agreement between the City and Kaiser which provide a greater degree of certainty to Kaiser that they may proceed with development in accordance with policies, rules, and regulations in effect at the time of project approval. It also provides a greater degree of certainty to the City that the development of the Project will promote the orderly planning of public improvements and services, allocates costs to achieve maximum utilization of public and private resources in the development process, and ensures that appropriate measures to enhance and protect the environment are achieved. The Development Agreement is a contract that has been negotiated and voluntarily entered into by the City and Kaiser containing conditions, terms and provisions pertaining to the following issues. Kaiser Contributions and Obligations • Kaiser's prior contribution of funds towards the overpass and access ramp improvements at Marina Boulevard and Highway 880 fully satisfy the obligations of the Project with respect to the Marina Interchange Project. • Although the Medical Center will be substantially exempt from real property taxes as a non-profit entity, the retail portion of the Project will pay real property taxes in accordance with all applicable laws and regulations. The DA also specifies how Kaiser will pay applicable sales and use taxes, utility user taxes, and business license taxes for all for-profit entities. • Kaiser agrees to pay its fair share of any infrastructure improvements that are identified as mitigation measures in the EIR, or in any subsequent environmental reviews for subsequent phases of the Project. • Prior to the opening of the retail portion of the Project, Kaiser will provide either the Foundry frontage widening or an equivalent feasible mitigation measure sufficient to mitigate traffic impacts at the Merced -Marina intersection and to improve queuing impacts at the Republic Avenue/Merced intersection. • Kaiser agrees to pay current City building permit and plan checking fees for the Hospital Support Building and any Medical Office Buildings; to pay the actual cost of under -grounding utilities in lieu of payment of Overhead Utility Conversion Fees; and to pay Sanitary Sewer Connection Fees, Sanitation Services Fees, Alameda County Department of Environmental Health Fees, City Environmental Services fees and charges, applicable school district fees to the San Leandro or San Lorenzo Unified School District, and applicable Long Range Planning fees for any future proposals in the retail portion of the Project. • Kaiser agrees to make a fair -share financial contribution to the City earmarked for the purchase of heavy rescue apparatus suited to serving the Project and other high-rise acute medical care facilities. • Because the Medical Center will be largely exempt from property taxes, Kaiser agrees to make a one-time financial contribution of $3.1 million to a "Community Impacts Planning Commission Staff Report April 22, 2010 Kaiser Permanente San Leandro Medical Center and Mixed Use Retail Development Project Page 24 of 28