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STATE OF TEXAS § <br />COUNTY OF TRAVIS § <br />CSJ # 0016 -09 -033 <br />District # 14 - Austin <br />Code Chart 64 # 37950 <br />Project: LP 82 Overpass at UPRR <br />Federal Highway Administration <br />CFDA # 20.205 <br />Not Research and Development <br />ADVANCE FUNDING AGREEMENT <br />AMENDMENT #2 <br />THIS AMENDMENT is made by and between the State of Texas, acting through the Texas <br />Department of Transportation, called the State, and the City of San Marcos, acting by and through its <br />duly authorized officials, called the Local Government. <br />WITNESSETH <br />WHEREAS, the State and the Local Government executed a contract on the 4th day of March 2011 <br />to effectuate their agreement to perform roadway and bridge design, environmental documentation, <br />railroad coordination, right of way maps and utility coordination including relocations and adjustments <br />for the new Loop 82 Union Pacific Railroad Overpass in San Marcos; and, <br />WHEREAS, the State and the Local Government executed Amendment #1 on the 3`d day of August <br />2012, to add construction responsibilities to the State and Project Maintenance and Right of Way and <br />Real Property responsibilities to the Local Government; and; <br />WHEREAS, it has become necessary to amend that contract; <br />NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements <br />of the parties, the State and the Local Government do agree as follows: <br />AGREEMENT <br />1. Description of Amended Items <br />Article 13a. Right of Way and Real Property in Amendment #1 is deleted in its entirety and <br />replaced with: <br />13. Right of Way and Real Property <br />The State is responsible for the provision and acquisition of any needed right of way or real <br />property, which is being conducted under a separate agreement. <br />AFA —AFA Amend Page 1 of 4 Revised 04/08/11 <br />