Inst 2010195830 - Laserfiche WebLink

Home

May 25, 2010 -Execution Copy Section 3.06. Participation in LINKS. Businesses that have received Internal Revenue 501(c)(3)tax-exempt status, and businesses that are exempt from local assessments under State or Federal law are exempt from the West San Leandro Shuttle Route (LINKS) assessment. Acknowledging the role of Developer's affiliated for-profit medical group, Developer agrees to work with City staff to coordinate its shuttle service with the LINKS Service in a mutually beneficial manner so as to eliminate redundancy and provide services to the medical center, consistent with the goals of Chapter 2-15 of the City Municipal Code. Absent a future agreement relating to services provided by the Developer shuttle program, the Retail Project shall comply with the requirements of Chapter 2-15 of the City Municipal Code. Section 3.07. Transportation Demand Mana eg, ment (TDM. Developer agrees to prepare and implement a TDM Program to reduce vehicle trips generated by the Kaiser Medical Center Project by approximately 10 to 15 percent for Kaiser Phase 1 and Buildout. Developer agrees to develop and implement a TDM plan consistent with the guidelines of the Project's EIR. Section 3.08. Project Site Entrance Requirements. Prior to or concurrently with the opening of the Retail Project, Developer or its successor in interest shall provide for the widening of the north leg of Merced at the General Foundry frontage to provide two left-turn lanes on to Republic from Merced and one through lane, and one shared-through-right lane on the southbound approach (the "Foundry Frontage Widening"). Twenty-four (24) months prior to the opening of the Retail Project, Developer agrees to pay costs relating to City planning and engineering efforts related to the Foundry Frontage Widening, although those costs shall not include any property acquisition or hard construction costs. Prior to the opening of the Retail Project, Developer or its successor in interest shall, at its sole expense, provide either the Foundry Frontage Widening or an equivalent feasible mitigation measure proposed by the City sufficient to mitigate traffic impacts at the Merced-Marina intersection and to improve queuing impacts at the Republic Avenue/Merced intersection, as further set forth in the EIR. Section 3.09. EIR Related Infrastructure Obligations. Developer agrees to pay its fair share of any infrastructure obligations validly established as mitigation measures as set forth in any Mitigation Monitoring and Reporting Program duly adopted in connection with the EIR and any subsequent environmental review in connection with a subsequent application for the Project or any component thereof. The mitigation measures shall be phased into track the opening of the Medical Center Project at Kaiser Phase 1, the opening of the Retail Project and the opening of additional facilities at Kaiser Buildout. Section 3.10. Other Community Benefits. Recognizing that Developer possesses certain unique resources that would benefit the public in general, the Kaiser Medical Center Project offers the following benefits to the community: Page l0 of 36 1424669.1 Kaiser Medical Center and Retail Project Development Agreement