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In order to facilitate good planning and retain flexibility <br />for appropriate development of the medical campus, these <br />amendments restructure the Agreement to permit VMH to ground <br />lease. up to a maximum of 8.4 acres located anywhere within the <br />27.6 acre Expanded Site to profit making entities while adding <br />the requirement that all lands on the entire 27.6 acre Expanded <br />Site be restricted to medically related uses. This preserves the <br />original intent of the Agreement by assuring that at least 19.2 <br />acres within the Expanded Site must be developed by nonprofit <br />entities in medically related uses. Consistent with the <br />Agreement the projects described in Recital C may be situated <br />anywhere on the Expanded Site; <br /> <br /> E. VMH contemplates that some of the projects described in <br />Recital C will be financed with bonds funded through certificates <br />of participation. If certificates of participation are ~sed for <br />financing, VMH plans to offer the City the opportunity to be the <br />issuing agency; <br /> <br /> F. VMH is in the process of completing a medical office <br />building on the Project Site. VMH intends to sell the medical <br />office building (and ground lease the portion of the Project Site <br />on which it is situated) to a partnership of physicians whose use <br />of the medical office building will be restricted to purposes <br />consistent with the intent of this Agreement (i.e. primarily <br />provision of medical services to patients and uses ancillary to <br />that purpose). VMH desires to amend the Agreement to clarify <br />that such an arrangement is permitted on up to a maximum of 8.4 <br />acres of the Expanded Site and that the arrangement will not <br />trigger an obligation to repay exempted NPID assessments. <br /> <br /> G. The master plan for the entire site shows an additional <br />medical office building located partially on the original 19.2 <br />acre Project Site and partially on the later acquired 8.4 acre <br />site. VMH contemplates developing the second medical office <br />building in the same manner as described for the first medical <br />office building in Recital F. VMH desires to amend the Agreement <br />to clarify that such an arrangement is permitted on up to 8.4 <br />acres of the Expanded Site and will not trigger an obligation to <br />repay exempted NPID assessments. <br /> <br /> H. VMH wishes to reaffirm its commitment to build a <br />nonprofit inpatient acute care hospital facility and emergency <br />facility if economically feasible. <br /> <br /> I. The parties acknowledge that the date by which <br />construction must commence on the inpatient acute care hospital <br />facility and emergency facility pursuant to Section 2(b) of the <br />Agreement is July 2, 1990. (Five years from the date of the <br />original Agreement is the controlling date because, subsequent to <br />the effective date of the Agreement, California's Certificate of <br />Need program was eliminated.) <br /> <br /> <br />