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<br />(90) days after notice of such an election by the City, the Parties shall execute an amendment to <br />this Agreement setting forth such revised terms as are agreed upon by the Parties. If the Parties <br />fail to execute an amendment within such ninety (90) day period, then this Agreement shall <br />remain in effect in accordance with its terms except that, effective as of the 91 st day after such <br />nototce and for the-remainder of th~ Term:, the rate and total maximum amount of County TIP <br />Revenue paid to the County shall each be reduced by one-half (that is, reduced from, <br />respectively, 14.3% to 7.15%, and $6,150,000 to $3,075,000). <br />6. Use of County TIP Revenue. The County TIP Revenue shall be used solely in <br />accordance with the requirements of Section 31-25-107(11) to address the impacts of the Urban <br />Renewal Plan on County revenues and on infrastructure and services necessary to serve the <br />Urban Renewal Plan area. <br />7. Other Municipal Urban Renewal Plans. In future negotiations with other <br />municipalities concerning any plans for approval of one or more urban renewal plans, Boulder <br />County will utilize the terms of this Agreement as a guide for said negotiations, and will work in <br />good faith to arrive at agreements which preserve to the County a significant portion of the <br />incremental property tax revenues produced by the County's Funds mill levies. The City and <br />Commission will in good faith cooperate with the County in the County's efforts to arrive at such <br />agreements with other municipalities. This Section shall not be construed to limit the City and <br />Commission's rights under Section 5 above. <br />8. AgreeJtI1ent Confined to County TIP Revenue. This Agreement applies only to the <br />County TIP Revenue collected in the Urban Renewal Area during the Term, and does not include <br />any other revenues of the City or the Commission, including, without limitation, TIP Revenue <br />produced by the levy of the County each year in the Urban Renewal Area in excess of the <br />County TIP Revenue. The City and County agree that the County TIP Revenue collected and <br />paid by the City under this Agreement are collections for the County within the meaning of <br />Colorado Constitution Article X, Section 20(2)(e). <br />9. Obligation Subordinate. The obligation of the Commission to pay the designated <br />County TIP Revenue to the City is and shall be subordinate to any payment of the principal of, <br />the interest on, and any premiums due in connection with bonds of, loans or advances to, or <br />indebtedness incurred by, whether funded, refunded, assumed, or otherwise, the Commission for <br />financing or refinancing, in whole or in part, the Urban Renewal Project. Notwithstanding the <br />foregoing, the Commission will use reasonable good faith efforts, consistent with its obligations <br />to carry out the Urban Renewal Project, to structure any such financing or refinancing in a <br />manner to accommodate and provide for the payment of the County TIP Revenue in accordance <br />with this Agreement. <br />10. Books and Accounts; Financial Statement. During the Term, the City and the <br />Commission will keep, or causeto be kept, propeiand current books and accounts in which <br />complete and accurate entries shall be made of the County TIP Revenue received by the <br />Commission and the City and the amounts deposited into and paid out from the County TIP <br />Account. Subject to reasonable notice, at the sole expense of the County, all such books and <br /> 3 <br />