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WHEREAS, it is the mutual desire of the parties hereto <br />to enter into a new Freeway Agreement in accordance with the <br />revised plan of said freeway; <br /> <br /> NOW, THEREFORE IT ~IS AGREED: <br /> 1. This Agreement supersedes in its entirety said <br />Freeway Agreement dated June 6, 1989. <br /> 2. CITY agrees and consents to the closing of CITY <br />streets, relocation of CITY streets, construction of frontage <br />roads and other local roads, and other construction affecting <br />CITY streets, all as shown on said plan map attached hereto <br />marked Exhibit A and made a part hereof by this reference. <br /> 3. STATE shall, in construction of the freeway and at' <br />STATE's expense, make such changes affecting CITY streets in <br />accordance with the plan map attached hereto marked Exhibit A. <br />It is understood by bo~h parties that STATE's obligations to <br />construct the BART stations and widen the median to accommodate <br />BART tracks is conditioned upon execution of cooperative <br />agreements with the Bay Area Rapid Transit District specifying <br />construction participation. <br /> 4. STATE agrees to acquire all necessary right of way <br /> as may be required for construction, reconstruction, or <br /> alteration of CITY streets, frontage roads, and other local <br /> roads, and CITY hereby authorizes STATE to acquire in its behalf <br /> all such necessary right of way. I't is understood by both <br /> parties that STATE's obligation to acquire right of way is <br /> <br />-2- <br /> <br /> <br />