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place the term "Project Site" appears in Sections 2, 3, <br /> 4, and.6 of the Agreement. <br /> <br /> 3. Section 1 of the Agreement is amended by deletion of the <br />~ollowing: "and fire services improvements,". <br /> <br /> 4. The first paragraph of Section 2 of the Agreement is <br />amended to make two paragraphs to read: <br /> <br /> VMH agrees to construct on the Expanded Site a <br /> comprehensive array of nonprofit health care <br /> facilities. These health care facilities <br /> shall be those which are consistent with the <br /> health care needs of the citizens of <br /> Pleasanton and may include, but are not <br /> limited to, an inpatient acute care facility <br /> emergency facilities, outpatient diagnostic . <br /> and therapeutic facilities, medical office <br /> facilities, skilled nursing facilities, health <br /> promotion education facilities, and health <br /> insurance programs. Within two (2) years from <br /> the date of this Agreement, VMH shall begin <br /> construction of a medical office building, <br /> outpatient diagnostic and therapeutic <br /> facilities, health promotion and education <br /> facilities, and a health insurance program <br /> facility. "Commence construction" shall for <br /> purposes of this Agreement be defined as the <br /> first work of improvement or delivery of <br /> material, and provided that the City issues <br /> building permits for the type of facility to <br /> be constructed, such work shall be pursuant to <br /> a valid building .permit issued by the City of <br /> Pleasanton. <br /> <br /> VMH may ground lease up to 8.4 acres located <br /> anywhere on the Expanded Site to profit making <br /> entities without triggering the obligation to <br /> repay NPID assessments provided that uses are <br /> restricted to medical services and ancillary <br /> activities. In the event more than 8.4 acres <br /> of the Expanded Site are ground leased to <br /> profit making entities, the City's remedy <br /> shall be as provided in Section 3 of the <br /> Agreement for sale of a portion of the Site. <br /> The City finds and determines that the medical <br /> office building under construction as <br /> described in Recital F uses 2.8 acres of the <br /> 8.4 acres maximum contemplated by this <br /> paragraph. When used in this Agreement, the <br /> term "profit making entity" shall not include <br /> any partnership consisting wholly of entities <br /> which have 501(c) exemptions. <br /> <br /> <br />