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JI.N-21-1795 2355 GRAWOFF 8 FIDE] 1 510 472 0635 P.03i07 Project. If the aggregate amount of all such payments is less than $300,000, the Agency or the City, as appropriate, shall make such additional payments as are available from subsequent Tax Increment and Sales and Use receipts applicable to such year, if any. The right to receive the payments covered by this Section 2 shall be freely assignable by Developer, provided that the Agency shall have no obligation to ma12 payments to any assignee until and unless the Agency shall have received prior written notice of such assignment from the Developer or other person the Agency then recognizes as the holder of the right to receive such payments. If die Agency should at any titac in good faith be in doubt as to whether such payments are due to Developer or to any assignee. the Agency may pay such moneys into court and file an appropriate action of interpleader in which all of the Agency's costs and expenses, including attorneys' fees, shall first be paid out of the amounts so deposited. For purposes of this Amendment, the following definitions shall apply: "Tax lnere+nent" shall mean that portion of the taxes allocated and paid each year to the Agency from levies upon taxable property in the Project Area pursuant to Section 33670 of the Health and Safety Code that are (1) attributable solely to taxable property within the Project Site, and (2) that are in excess of the sum of the following amounts: (a) $41,771.00; plus (b) any amount required to be set aside by the Agency pursuant to Section 33334.2 of the Health and Safety Code, plus (c) any amount to which any taxing entity may be entitled pursuant to an agreement with the Agency pursuant to Section 33401 of the Health and Safety Cade or other such authority. "Sales and Use Tax" shall mean the portion of the taxes imposed upon any activity conducted within the Project pursuant to the Sales and Use Tax Law as set forth in Division 2 of Part 1 of the Revenue and Taxation Code and as implemented by Article 1 of Chapter 32 of the Code of the City of Redwood City, and distributed without restriction to the City for its general use during any calendar year, less the sum of $18.504.00. 3. E13HANC'E N7' PROJECT. The Developer having paid to the Agency the entire amount of $165,000 set forth in the Phase I DDA as the Developer's contribution to the Entrancement Project to be constructed on property owned by the City located at Main Street and Bradford Street along Redwood Creek, the Agency and the City, agree that the Developer shall have no further responsibility whatsoever in connection with the Enhancement Project; and the Developer agrees to relinquish any and all claims to any portion of such $165.000 in the event the construction of such Enhancement Project costs less than $165,000. 4, TOXICS REMF.DJr TION COSTS. Under the terms of the Phase I DDA, in the event the cost of toxics remediation exceeds a total amount of $1,309,599, the Agency and the Developer have agreed to share equally any toxics remediation costs above such $1,309,599. The Developer and the Agency desire to state their respective obligations with respect to such costs in light of the facts existing at the signing of the Third Amendment as follows: a. The parties agree that the total toxics remediation costs with respect to the Project Site for Phase I as of May 12, 1995, are $2,054,015. b. The parties agree that there shall be excluded from the calculation of total toxics remediation costs in determining if and when the threshold of $1,309,599 has been reached, each of the following: TMRD AMENDMENT TO DDA 2 rum 21. 1995