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<br />re <br /> <br />Purpose Property such that the Special Assessment cannot be reallocated to any other <br />Parcel pursuant to the provisions of Sections C.I or C.2., the Special Assessment shall <br />become immediately due and payable and shall be collected from proceeds of a sale, <br />condemnation, or other form of compensation for the property or from any other legally <br />available source of funds. <br /> <br />H. AMENDMENTS <br /> <br />. <br /> <br />Immaterial amendments may be made to this Rate and Method of Apportionment of <br />Special Assessment by the Board of Directors without further notice under the Act and <br />without notice to owners of Assessed Property within the CDA. Immaterial amendments <br />shall be those that (i) clarify or correct minor inconsistencies in the matters set forth <br />herein, (ii) provide for lawful procedures for the collection and enforcement of the <br />Special Assessment and other charges imposed herein so as to assure their efficient <br />collection, and (iii) otherwise improve the ability of the CDA to fulfill its obligations to <br />impose and collect the Special Assessment and charges imposed herein and to make it <br />available for the payment of the Bonds, Administrative Expenses, and other costs of the <br />CDA. No such amendment shall be approved unless and until it has (i) been found and <br />determined that the amendment is necessary and appropriate and does not materially <br />adversely affect the rights of the owners of the Bonds and (ii) received an opinion of a <br />nationally recognized bond counsel to the effect that the amendment is authorized <br />pursuant to the terms of the Bond Indenture and the City ordinance approving the Rate <br />and Method of Apportionment of Special Assessment. Amendments may not be made to <br />this Rate and Method of Apportionment of Special Assessment pursuant to the procedure <br />described above that would increase the total of the Special Assessment or charges as set <br />forth herein. <br /> <br />I. INTERPRETATION OF PROVISIONS <br /> <br />The Board of Directors shall make all interpretations and determinations related to the <br />application of this Rate and Method of Apportionment of Special Assessment, unless <br />stated otherwise herein or in the Bond Indenture, and as long as there is a rational basis <br />for the determination made by the Board of Directors, such determination shall be <br />conclusive. <br /> <br />J. SEVERABILITY <br /> <br />If any section or part of a section of this "Rate and Method of Apportionment of Special <br />Assessment" is declared invalid or unenforceable, the validity, force, and effect of any <br />other section or part of a section herein shall not thereby be affected or impaired unless <br />such other section or part of a section herein is wholly or necessarily dependent upon the <br />section or part of a section so held to be invalid or unenforceable. <br /> <br />. <br /> <br />Page 8 of8 <br /> <br />