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May 25, 2010 -Execution Copy (k) Fire Fighting Contribution. Developer shall pay the sum of $655,877 to the City earmarked for the purchase of heavy rescue apparatus suited to serving the Project and other high-rise acute medical care facilities, in combination with other funding sources. This contribution represents Developer's fair- share of a total apparatus cost of $992,250, as estimated by the Alameda County Fire Department. Developer shall pay its Fire Fighting Contribution at the earlier of the issuance of the Certificate of Occupancy for the Hospital Support Building and at such time as the City raises the balance of the fees to purchase the equipment. Section 3.03. The Marina Interchange Project. Developer has contributed $5,071,776 (the "Medical-Retail Contribution") towards the overpass and access ramp improvements at Marina Blvd. and Highway 880 (the "Marina Interchange Project"). Developer and the City have previously determined through a fair share traffic analysis that Developer can be allocated 1.8.4% of the previously estimated cost of the improvements necessary for the Marina Interchange Project for the Medical and Retail portions of the Project. The Medical-Retail Contribution shall be deemed to satisfy the obligations of the Project with respect to the Marina Interchange Project. Section 3.04. Community Impacts Fund. Because the Medical Center will be largely exempt from property taxes, Developer shall make aone-time payment of Three Million One Hundred Thousand Dollars ($3,100,000.00) as a contribution towards various improvements, amenities and services benefiting the City and to further mitigate potential impacts from the Project (the "Community Impacts Fund"). The City estimates that any negative fiscal impact from the Project will also be substantially mitigated by positive economic activity resulting from the presence of the Kaiser Medical Center Project and the Retail Project in the City. The Community Impacts Fund shall be paid within thirty (30) days after the issuance of the first building permit for Kaiser Phase 1, whether issued by the City or the Office of Statewide Health Planning and Development ("OSHPD"). The Community Impacts Fund shall be paid to the City general fund, to be used, at the sole discretion of the City Council, for any purposes permitted under the law. (a) Development Fees for Street Improvements ("DFSI"~. Developer and the City acknowledge that Developer has previously paid the Medical-Retail Contribution; has made a number of off-site infrastructure improvements to the roadway system; and is agreeing to the formation of an assessment district related to street improvements. In light of these concessions, and in lieu of paying the DFSI, Developer will pay the Community Impacts Fund based in part on an in-lieu calculation for DFSI for Kaiser Phase 1 mutually agreed to by the City and Developer. For Kaiser Buildout and the Retail Project, the DFSI fee shall be based on the fee amounts in place at the time a building permit is issued, with credit against the full fee amount granted for dedicated improvements, in accordance with City policy. Page 8 of 36 1424669.1 Kaiser Medical Center and Retail Project Development Agreement