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DRAFT Dist. Aqmt. No. 4-1213-CA2 <br /> <br /> (2) The parties hereto entered into a AMENDMENT TO <br />AGREEMENT on December 10, lggl, said AMENDMENT TO AGREEMENT de- <br />fers the construction of the auxiliary lanes to an future STATE <br />and'BART agreement and states that STATE and CITY will enter into <br />an escrow agreement for $1,624,958 the amount of estimated de- <br />ferred construction costs of auxiliary lanes. <br /> <br /> (3) It has been agreed by STATE and CITY to have CITY <br />pay BART directly for the auxiliary lanes. <br /> <br /> SECTION I <br /> <br />IT IS MUTUALLY AGREED: <br /> <br /> (1) That CITY will not place construction costs for <br />auxiliary 'lanes in an escrow account but will pay BART directly <br />for the auxiliary lanes. <br /> <br /> (2) That the auxiliary lanes will be constructed under <br /> <br />the Joint Powers Agreemnt 4-1403-C between STATE and BART. <br /> <br /> (3) The other terms and conditions of said AGREEMENT <br />and AMENDMENT TO AGREEMENT (Document No. ALA-1-6903) shall remain <br />in full force and effect. <br /> <br /> -2- <br /> <br /> <br />