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the incremental assessed value to Highland as proceeds of taxes and the remaining <br />fifty percent (50%) of such taxes shall be paid to the Agency as tax increment <br />revenues). <br />As a condition of membership of Highland in the Agency, Highland <br />agrees not to exercise any rights or remedies granted to Highland pursuant to the <br />Members' Settlement Agreement by and among the Members, the City of Redlands <br />("Redlands"), Highland and the East Valley Association (uEVA"), and the Agency <br />Settlement Agreement by and among the Agency, Redlands, Highland and the EVA, <br />entered into on or about May, 1992 in settlement of San Bernardino Superior Court <br />Case Nos. 255222 and 256889 (which were consolidated and transferred to the <br />Orange County Superior Court as Case No. 680255), so as to impose no additional <br />restrictions upon the Agency, the San Bernardino International Airport Authority and <br />the Members than is presently required or may be required in the future pursuant to <br />applicable State and Federal Law for the development of the Project Area, the former <br />Norton Air Force Base and the adjacent areas. <br />Upon approval of the Amendment by the Members and Highland, the <br />first paragraph and the first sentence of the second paragraph of Section 2.09 are <br />amended to read as follows: <br />The number of votes for each public entity which is included within the <br />then current membership of the Agency as either a Member or a New Member shall <br />be as follows: <br />City of San Bernardino 2 <br />County of San Bernardino 1 <br />City of Colton 1 <br />City of Loma Linda 1 <br />City of Highland 1 <br />Each Member with one (1) vote shall have one (1) Board Member with <br />one (1) vote each and the Member with two (2) votes shall have two (2) Board <br />Members with one (1) vote each, provided that the Mayor of the City San Bernardino <br />must be appointed to one (1) seat on the Board and one (1) councilmember from the <br />City of San Bernardino shall be appointed to the other one (1) remaining seat on the <br />Board. Each Member other than the City of San Bernardino shall only appoint elected <br />officials to serve as primary or alternative representatives who are elected officials <br />serving as a member of the legislative body of each Member either as a council <br />- 2 - <br />