Agmt10 City and County of San Francisco SFPUC

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published on June 16, 2009. A Final Environmental Impact Report ("FEIR") was prepared by the Department, consisting of the DEIR, any consultations and comments received during the review process, any additional information that became available, the Comments and Responses document, and several Errata Sheets, which made minor clerical corrections. Project files on the FEIR are available for public review at the Department offices at 1650 Mission Street, San Francisco, California. Copies of the DEIR and associated reference materials as well as the C&R are also available for review at public libraries in San Francisco, Alameda, and San Mateo Counties. F. On July 9, 2009, the San Francisco Planning Commission, acting as lead agency on behalf of the CCSF, certified the FEIR. On July 14, 2009 the SFPUC approved the Project, and, in so doing, adopted findings under the California Environmental Quality Act ("CEQA"), Public Resources Code section 21000 et seq., including a statement of overriding considerations for the Project's significant and unavoidable impacts, rejected project alternatives, and adopted a mitigation monitoring and reporting program. G. On January 25, 2010, City adopted findings under CEQA as a responsible agency, incorporating by reference the CEQA findings of the CCSF, and adopted a mitigation monitoring and reporting program, as applicable to its approval action. H. Notwithstanding CCSF's reliance on its real estate rights and principles of intergovernmental immunity in asserting its exemption from certain local fees and costs imposed by local government entities, in light of current, adverse economic conditions and consequent fiscal restraints affecting City's operating budgets, and to facilitate City's cooperation with Project construction, including its ability to inspect the improvements and construction work to be provided by CCSF in connection with Project construction, CCSF is willing to accept imposition of certain fees and costs by City without prejudice to CCSF's ability to contest the applicability of similar fees and costs with respect to future CCSF construction work in connection with its regional water system. NOW, THEREFORE, in consideration of their mutual covenants in this MOA, the parties agree as follows. 1. TERM This MOA shall become effective on the date ("Effective Date") it has been fully executed and delivered by both parties, provided it has been authorized in a manner required by law by CCSF and City. The term of this MOA shall continue in effect thereafter until the earlier of (a) one (1) year after City's acceptance pursuant to Section 3.20 of all CCSF's MOA Work (defined in Section 3.2(a)), (b) the ninth (9th) anniversary of the Effective Date, or (c) the date this MOA is earlier terminated as provided herein. If either party breaches a material term of this MOA without the other party's fault and does not cure the breach within thirty (30) calendar days' notice by the non -breaching party, the non -breaching party may terminate this MOA without any penalty or liability of either party to the other; provided, however, if more than thirty (30) days are reasonably required for such cure, the non -breaching party shall not have the right to terminate this MOA on account of such breach if the other party promptly commences the cure within such thirty (30) -day period and diligently prosecutes such cure to completion. 2. MEASURES FOR IMPROVEMENT OF PROJECT COORDINATION AND PUBLIC OUTREACH AND COMMUNICATIONS 2.1. Press Releases The parties will endeavor to provide advance notice to each other concerning all press releases and other information created for public consumption concerning the Project within the city limits of City and to otherwise comply with the provisions of CCSF's Communications and Public Outreach Plan as stated in the attached Exhibit E. The parties designate the following 2 City of Redwood City MOA ver 030910