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the projected future needs of Kaiser, existing and new development (the "Off-site Water <br /> Tank "); and <br /> WHEREAS, both the City and Kaiser have determined that it is more cost <br /> effective and beneficial to the City and Kaiser to have the City construct the Off -site <br /> Water Tank, rather than Kaiser building an individual smaller water tank; and <br /> WHEREAS, Kaiser's proportionate share of the water tank construction costs is <br /> $1,330,000.00, and Kaiser is ready and willing to contribute that amount to the City; and <br /> WHEREAS, in fulfillment of its obligations under mitigation measure UT -1.1 and <br /> UT -2.2, Kaiser will commit funds to pay the City for its proportionate share of the costs <br /> to construct and install the recycled water pipeline extension and emergency water <br /> supply storage tank; and <br /> WHEREAS, these fair share contributions made by Kaiser only address their <br /> obligations under mitigation measures UT -1.1 and UT -2.2. <br /> NOW, THEREFORE, IN CONSIDERATION OF THESE RECITALS AND THE <br /> MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS <br /> FOLLOWS: <br /> 1. The recitals set forth above are incorporated herein by this reference. <br /> 2. Within 30 days of executing this funding agreement, Kaiser shall pay the <br /> City $1,005,750.00 as its proportionate share for construction and installation of the <br /> recycled water pipeline extension. <br /> 3. Within 30 days of executing this funding agreement, Kaiser shall pay the <br /> city $1,330,000.00 as its proportionate share for construction of the emergency water <br /> storage supply tank. <br /> 4. The public improvements described in paragraphs 2 and 3 will be <br /> constructed by the City when the City has collected sufficient funds from a variety of <br /> available sources. <br /> 5. The monies deposited to the City for construction of these public <br /> improvements are not refundable to Kaiser. <br /> 6. Unless significant additions or changes occur to the Kaiser Master Plan <br /> project, beyond what was analyzed in the Kaiser Permanente Redwood City Medical <br /> Center Final Environmental Impact Report, no further contribution will be sought from <br /> Kaiser. <br /> 7. It is understood that this is an Agreement by and between Independent <br /> Contractor(s) and is not intended to, and shall not be construed to, create the <br /> ATTY /AG R/2010.089 2 <br /> 111010 <br />