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the amount so called for because of deficiency in its accumulated tax increment funds pursuant to <br />Health and Safety Code Section 33670 et seq., the Agency shall make its best efforts to pay a <br />portion of said costs according to the funds available. Those amounts remaining unpaid shall <br />continue to be a debt of the Agency and may be paid immediately to the City upon receipt by the <br />Agency of sufficient funds from tax increment or bond proceeds to the extent permitted by state <br />law. <br />4. This Agreement shall supersede any Repayment Agreement previously entered into between the <br />Agency and the City. <br />5. If any provision of the Repayment of Funds Agreement, or the application thereof to any person, <br />party, transaction, or circumstance, is held invalid, the remainder of the Agreement or the <br />application of such provision to other person, parties, transactions, or circumstances, shall not be <br />affected thereby. <br />IN WITNESS WHEREOF, the Agency and City have signed this Agreement as of the date <br />first hereinabove set forth. <br />CITY OF SAN LEANDRO, a municipal <br />Corporation <br />rfnanis, City Manager <br />Date: <br />Attest: <br />REDEVELOPMENT AGENCY OF <br />THE CITY OF SAN LEANDRO, a <br />Approved as to Form: <br />~/l~,c Gtrvt <br />Marian Handa, Secretary <br />G:~BudAdopt~2,,003-2004/RepayAgr.doc <br />,C~-t,G~t~~ <br />Ja W illiams, City Attorney <br />Repayment Agreement ,Page 2 <br />Public body corporate and politic <br />