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3. In the event that a final judgment of a court of <br /> competent jurisdiction declares the waiver and relinquishment by � <br /> the Agency set forth in Paragraph 1, above, to be invalid, then <br /> pursuant to Health and Safety Code §33401, or otherwise, the <br /> County shall receive from Aqency each year that the Redevelopment <br /> Plan is in effect after the Agency has received tax inerement <br /> revenues of two million dollars ($2,000,000) which would have <br /> otherwise been a.11ocated and paid to the County but for the <br /> establishment and operation of the tax increment financing in the <br /> redevelopment plan area, tliat portion of the levied taxes <br /> received by the Agency which the County would have received <br /> directly from property taxes but for the establishment and <br /> operation of tax increment financing in the Redevelopment Plan <br /> Area. <br /> 4. County and Agency agree that if and when the Agency � <br /> determines that a parking structure will be built adjacent to or <br /> in close proximity of the county government center which will <br /> serve county and downtown needs, and that any additional moneys <br /> received that would otherwise go to the county under this <br /> agreement would be spent for such purpose, the parties may <br /> renegotiate the dollar amount specified in paragraphs one and <br /> three. <br /> 5. County and Agency agree that in the event litigation is <br /> initiated attacking the validity of all, or any portion, of this <br /> � <br /> 9 <br />