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May 25, 2010 -Execution Copy DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into as of ~~NE ~ (o , 2010, by and between Kaiser Foundation Hospitals, a California nonprofit public benefit corporation ("Developer"), and the City of San Leandro, a California municipal corporation ("City"), pursuant to California Government Code § 65864 et sue. RECITALS A. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California enacted California Government Code § 65864 et sue. (the "Development Agreement Statute"), which authorizes City to enter into an agreement with any person having a legal or equitable interest in real property regarding the development of such property. B. Pursuant to California Government Code § 65865, City has adopted procedures and requirements for the consideration of development agreements (City Administrative Code, Title 5 Community Development, Chapter 4 Development Agreements). This Agreement has been processed, considered and executed in accordance with such procedures and requirements. C. Developer owns approximately 63 acres located at 1701 Marina Boulevard, San Leandro, California, as more particularly described in Exhibit A-1 attached hereto, and as diagrammed in Exhibit A-2 attached hereto (the "Project Site"). D. Developer intends to develop the southern approximately 38 acres of the Project Site (the "Kaiser Medical Center Project Site") as a Medical Center over two or more phases. The first phase will consist of the largest increment of development-an approximately 436,000 square foot, four to six-story, 264-bed hospital, an approximately 275,000 square foot, six-story hospital support building (the "Hospital Support Building"), a 31,000 square foot central utility plant, a 20,000 square foot outdoor service yard, approximately 2,100 surface parking spaces, and other ancillary uses ("Kaiser Phase 1"). Buildout could include expansion of Kaiser Phase 1 by an additional 375,000 s.£, including a 175,000-s.£, 120-bed expansion of the hospital, the construction of two 100,000-s.f. medical office buildings (the "Medical Office Buildings"), the construction of structured parking and any associated expansion of the CUP, with Kaiser Permanente retaining the flexibility to allocate buildout square footage between medical office, hospital and other permitted uses, as set forth below ("Kaiser Buildout"). Kaiser Phase 1 and Kaiser Buildout are together hereinafter referred to as the "Kaiser Medical Center Project." E. Developer anticipates selling approximately 25 acres of the northern portion of the Project Site (the "Retail Project Site") at some future date to a yet unidentified retail developer. The proposed zoning will allow a 387,000 square foot retail project consisting of undetermined retail uses that could include large format stores, multi-tenant Page 1 of 36 1424669.1 Kaiser Medical Center and Retail Project Development Agreement