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<br />NOW, THEREFORE, IT IS AGREED: <br />1. This Agreement supersedes said Freeway Agreement dated February 9, <br />1981 from 0.6 kilometer (0.4 mile) east of Whipple Avenue to 0.6 kilometer (0.4 mile) <br />west of Whipple Avenue in its entirety; that portion of said Freeway Agreement <br />dated June 1, 1943 and the Supplemental Freeway Agreement dated August 5, <br />1952 from 0.6 km (0.4 mile) west of Whipple Avenue to the North City Limits at <br />Brittan Avenue, and any portion of said Freeway Agreements dated June 1, 1943 <br />and August 5, 1952 remaining in effect that pertains to CITY. <br />2. CITY agrees and consents to the closing of CITY streets, relocation of <br />CITY streets, construction of frontage roads and other local roads, and other <br />construction affecting CITY streets, all as shown on said plan map attached <br />hereto marked Exhibit A and made a part hereof by this reference. <br />3. STATE shall, in construction of the freeway and at STATE'S expense, <br />make such changes affecting CITY streets in accordance with the plan map <br />attached hereto marked Exhibit A, except as provided for in subsequent <br />cooperative agreements with CITY specifying construction participation. <br />4. STATE agrees to acquire all necessary right of way as may be required <br />for construction, reconstruction, or alteration of CITY streets, frontage roads, and <br />other local roads, and CITY hereby authorizes STATE to acquire in its behalf all <br />such necessary right of way. <br />5. It is understood between the parties that the right of way may be acquired <br />in sections or units, and that both as to the acquisition of right of way and the <br />construction of the freeway projects, the obligations of STATE hereunder shall be <br />carried out at such time and for such unit or units of the projects as funds are <br />budgeted and made lawfully available for such expenditures. <br />6. CITY will accept control and maintenance over each of the relocated or <br />reconstructed CITY streets, frontage roads and other STATE constructed local <br />roads on receipt of written notice to CITY from STATE the work thereon has been <br />completed, except for any portion which is adopted by STATE as a part of the <br />freeway proper. CITY will accept title to the portions of such roads lying outside <br />the freeway limits upon relinquishment by STATE. <br />7. This Agreement may be modified at any time by the mutual consent of <br />the parties hereto, as may become necessary for the best accomplishment, <br />through STATE and CITY cooperation, of the whole freeway project for the benefit <br />of the people of the STATE and CITY. <br />2 <br />. ....,~_......~_._..... ~h"_ <br />I <br />