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May 25, 2010 -Execution Copy ("ACCMA") and Caltrans to avoid undue delay in the provision of health care to Kaiser members and the community. Section 4.08. The Marina Interchange Project. City agrees that ACCMA will serve as the project manager of the Marina Interchange Project and coordinate the final planning, design, environmental and construction with the HOV Lane Project. In consideration for the early payment of the Medical-Retail Contribution by Developer, City agrees to be the lead agency and will make best efforts to negotiate with Caltrans and ACCMA to identify sources of additional funding for the shortfall still remaining after the Medical-Retail Contribution by Developer. Developer grants to the City wide discretion to use the Medical-Retail Contribution in a manner it deems appropriate, after consultation with ACCMA, including spending said funds on Caltrans and ACCMA environmental, design and engineering costs for the HOV Lane Project, provided that the objective of the Medical-Retail Contribution will be to replace and upgrade the Marina Interchange in order to better serve the City, Kaiser and its employees, physicians and members. City agrees that the previously contributed $5,071,776 is adequate mitigation for Developer and any future developer of the Retail Project and that no future traffic impact fee, mitigation measure or condition of approval shall be issued with respect to the Marina Interchange Project for the term of this Agreement. City acknowledges that Developer has acted in good faith reliance upon the agreement of the City to not impose additional costs, exactions and mitigation measures relating to the HOV Lane Project or the Marina Interchange Project, unless required pursuant to CEQA review. ARTICLE 5. COOPERATION -IMPLEMENTATION Section 5.01. Timely Submittals By Developer. Developer acknowledges that City cannot expedite processing Subsequent Approvals until Developer submits complete applications on a timely basis. Developer shall use its best efforts to (i) provide to City in a timely manner any and all documents, applications, plans, and other information necessary for City to carry out its obligations hereunder; and (ii) cause Developer's planners, engineers, and all other consultants to provide to City in a timely manner all such documents, applications, plans and other necessary required materials as set forth in the Applicable Law. It is the express intent of Developer and City to cooperate and diligently work to process to final action any and all Subsequent Approvals. Section 5.02. Timely Processing B~ty. Upon submission by Developer of all appropriate applications and processing fees for any Subsequent Approval, City shall promptly and diligently commence and complete all steps necessary to act on the Subsequent Approval application including, without limitation, (i) providing at Developer's expense and subject to Developer's request and prior approval, reasonable overtime staff assistance and/or staff consultants for planning and processing of each Subsequent Approval application; (ii) if legally required, providing notice and holding public hearings; and (iii) acting on any Page 13 of 36 1424669.1 Kaiser Medical Center and Retail Project Development Agreement