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ACTIA 2002-26.01 <br />(3) Sales tax funding shown for PROJECTS in the PLAN is based on 1997/1998 (97/98) <br />fiscal year dollars. <br />(4) The PLAN was adopted in July 2000, and includes PROJECTS for which SPONSOR is <br />named as the sponsor. <br />(5) This AGREEMENT is made in furtherance and in compliance with the Local <br />Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 <br />et seq. Measure B Sales Tax Funds spent pursuant to this AGREEMENT will not replace funds <br />previously provided by property tax revenues for public transportation services. <br />(6) For the purposes of this AGREEMENT, PHASE shall be any of the following elements <br />of the PROJECT: <br />• Scope <br />• Preliminary Engineering <br />• Environmental Studies <br />• Final Design (PS&E) <br />• Right -of -Way — Support <br />• Right -of -Way — Capital <br />• Utility Relocation/Protection <br />• Construction Contracts <br />• Construction Engineering <br />• Equipment Purchase <br />(7) To the extent that there is a difference between future SPECIFIC AGREEMENTS and this <br />AGREEMENT, including the EXHIBITS, the SPECIFIC AGREEMENT shall prevail. <br />It is agreed by and between the parties as follows: <br />Page 3 <br />