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Commissioner Macht understood then that Attorney Polackwich believes the Board of Trustees has delegated too many items of control, and Attorney Polackwich responded, "probably." The Everglades Memorial Hospital case raises exactly that question: Was too much control delegated.to the Inc. Board, and if so, how much needs to be taken back to satisfy the law? At Commissioner Eggert's request, Attorney Polackwich gave a brief rundown of what happened in the Everglades Memorial Hospital case. Back in 1987 Palm Beach County had three small hospital districts that served certain parts of the county. One of those small districts leased Everglades Memorial Hospital to EMH, Inc. and set up essentially the same conceptual thing we have here. Their lease was unusual in that it. was for 40 -years and it was automatically extended for a year for every year they experienced unless a notice not to do that occurred. That had the effect of having a 40 -year lease at all times with a 40 -year notice of termination required. Nothing like that is present in our case. We have a flat 25 -year lease that simply begins and ends with 25 years. Commissioner Macht referred to page 3 of the contract where it seems that the IRMH, Inc. Board of Directors could extend the contract by whatever terms they deem appropriate. He quoted the following paragraph: "It is the intention of the parties that the lease term shall be subject to renegotiation between them if Lessee determines to finance additions or alterations to or improvements in the Hospital Facilities over a period of time exceeding the remaining lease term. Upon termination of the lease term, the property leased or otherwise transferred hereunder, including but not limited to, all accounts receivable, whether or not reduced to judgment, and all unencumbered funds of the Lessee then held by the Lessee and any Special Funds as that term is defined under the "Master Trust Indenture" then held by the Lessee shall revert to the possession and control of the Lessor or its successor in interest." Commissioner Macht felt the upshot of that is. that all the IRMH, Inc. Board would have to do_ is -undertake some phase of hospital expansion, such as a new facility or a new service, and it would force the Hospital District Board of Trustees to agree to a lease extension. It was Attorney Polackwich's opinion that it does not. When an agreement is for a term and then it says that it is subject to renegotiation after that, that is literally all that it means. All it says is that the parties will renegotiate at that time. 3 BOOK 97 FAGS MARCH 21, 1996