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D. The City has found that the nature of a local nonprOfit <br />hospital, and accompanying facilities as proposed by Kaiser, is <br />essentially local-serving rather than regional, and that the <br />facilities to be constructed would not receive special benefit <br />from the proposed NPID No.3 improvements; accordingly, the City <br />intends to, eliminate a portion of the Project Site from NPID <br />No. 3 and future assessment districts formed to construct <br />regional transportation improvements. The City acknowledges, <br />however, that Kaiser has been included in all previous <br />assessments without exclusion or exemption. <br /> <br /> E. The portion of the Project Site to be excluded from <br />assessments ("Excluded Area") is a non-specific area consisting <br />of 7.27 acres. The effect of this agreement is to subject <br />Kaiser's 19,147 acre parcel to the same level of assessment as an <br />11,877 acre parcel. <br /> <br /> F. If Kaiser sells the Excluded Area or a portion of the <br />Excluded Area to a purchaser who does not utilize the excluded <br />area for non-profit medical facilities or does not construct such <br />facilities within the time specified in this agreement, the <br />Excluded Area, like other unimproved lands in the North <br />Pleasanton area, should bear its fair share of the costs of <br />assessment districts formed to provide benefits and improvements <br />to the North Pleasanton area. <br /> <br /> NOW, THEREFORE, the parties hereto agree as follows: <br /> <br /> 1. Exclusion of a Portion of the Project Site From <br />Assessment Districts. Except as provided for herein, the City <br />agrees either (i) that 7.27 acres of the Project Site shall not <br />be included within NPID No. 3 improvements or other related <br />regional transportation improvements, or (ii) if included in such <br />districts, that said 7.27 acres of the Project Site shall receive <br />a Zero Dollar ($0.00) assessment. <br /> <br />I/kaiser -2- <br /> <br /> <br />