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J. Both parties understand that the effect of these <br />Amendments on Section 2(b) of the Agreement is that if <br />construction has not been commenced on the inpatient acute care <br />hospital facility and emergency facility by July 2, 1990, then <br />the pro rata share of assessments to be repaid shall be equal to <br />19.2 acres minus the total number of developed acres on the <br />entire Expanded Site. <br /> <br /> K. Subsequent to the effective date of the Agreement, VMH <br />has refined and further developed its plans for the medical <br />campus on the Project Site. The City acknowledges that <br />development of the site as shown on the approved PUD-86-11 is <br />consistent with the intent of the Agreement. <br /> <br /> L. The Agreement incorrectly states that the Project Site <br />will be exempt from North Pleasanton Fire Improvement District <br />assessments, whereas the North Pleasanton Fire Imp[ovement <br />District Assessments had already been placed upon the Project <br />Site prior to approval of the Agreement. VMH has, in fact, been <br />assessed for the North Pleasanton Fire Improvement District and <br />the parties wish to amend this Agreement accordingly. <br /> <br /> M. The Agreement provides that VMH was to dedicate to the <br />City certain rights-of-way and easements. The City acknowledges <br />that VMH has dedicated the required rights-of-way. <br /> <br /> N. Based upon the foregoing recitals and the Amendments, <br />VMH is presently in compliance with each term and condition of <br />the Agreement, which Agreement remains in full force and effect; <br /> <br /> NOW, THEREFORE, the parties do mutually agree that the <br />Agreement is amended as follows: <br /> <br /> AMENDMENT <br /> <br /> 1. As used in the Agreement, "VALLEY MEMORIAL HOSPITAL, a <br />California nonprofit public benefit corporation" and "VMH" mean <br />and refer to the Hospital Committee for the Livermore-Pleasanton <br />Areas, a California nonprofit public benefit corporation doing <br />business as Valley Memorial Hospital. <br /> <br /> 2. Recital A of the Agreement is amended by adding two <br />paragraphs at the end to read: <br /> <br /> Subsequent to the Agreement, VMH has acquired <br /> an adjacent 8.4 acre parcel described as Lot 1 <br /> of Parcel Map 4390, filed December 14, 1984, in <br /> Book 149 of Parcel Maps at pages 59 through <br /> 63, Official Records of Alameda County, <br /> California. Together, these two parcels <br /> constitute 27.6 acres and may be referred to <br /> herein as the "Expanded Site." <br /> <br /> The Agreement is further amended by substitution of the <br /> term "Expanded Site" for the term "Project Site" every <br /> <br /> <br />