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May 25, 2010 -Execution Copy (a) Change any land use designation or permitted use of the Project Site; (b) Restrict the availability of public utilities, services or facilities or any privileges or rights to public utilities, services, or facilities (for example, water rights, water connections or sewage capacity rights, sewer connections, etc.) necessary for the Project; (c) Limit or control the location of buildings, structures, grading, or other improvements of the Project in a manner that is substantially inconsistent with or more restrictive than the limitations included in the Project Approvals or the Subsequent Approvals (as and when they are issued); (d) Limit or control the rate, timing, phasing or sequencing of the approval, development or construction of all or any part of the Project in any manner except as permitted under Section 6.06(e). Section 6.09. Environmental Miti ag tion. The provisions of CEQA, as they may be amended from time to time, shall apply to any Subsequent Approval for the Project. The Parties acknowledge, however, that the EIR contains a thorough analysis of the Project and Project alternatives and specifies the feasible Mitigation Measures necessary to eliminate or reduce to an acceptable level adverse environmental impacts of the Project, and acknowledge that the City Council will need to approve a statement of overriding considerations in connection with the Project Approvals, pursuant to 14 California Code of Regulations (CEQA Guidelines) Section 15093 for those significant impacts which could not be mitigated. For these reasons, no further review or mitigation measures under CEQA shall be required by City for any Subsequent Approvals unless the standards for further environmental review under CEQA are met. The Parties agree that, to the maximum extent permitted by law, the EIR shall be relied on in the environmental review of the Subsequent Approvals. Notwithstanding the foregoing, the City and Developer agree that additional project-level CEQA review will be required prior to approval of the Retail Project, consistent with State laws and regulations. A proposal for the Retail Project will need to fulfill all CEQA requirements and receive City Council approval prior to the initiation of construction. Section 6.10. Life of Subdivision Maps, Development Approvals, and Permits. The term of any subdivision map or any other map, permit, rezoning or other land use entitlement approved as a Project Approval or Subsequent Approval shall automatically be extended for the longer of the duration of either (i) this Agreement (including any extensions); or (ii) the term otherwise applicable to such Project Approval or Subsequent Approval if this Agreement is no longer in effect. The term of any subdivision map or other Project Approval or Subsequent Approval shall not include any period of time during which a development moratorium (including, but not limited to, a water or sewer moratorium or water and sewer moratorium) or the actions of other public agencies that regulate land use, development or the provision of services to the land, prevents, prohibits or delays the construction of the Project or a lawsuit Page 19 of 36 1424669.1 Kaiser Medical Center and Retail Project Development Agreement