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SECOND AMENDMENT TO INTERLOCAL AGREEMENT <br /> This Second Amendment is made to the Interlocal Agreement previously approved and <br /> executed between the City of San Marcos, Texas (the "City") and the Lone Star Rail District (the <br /> "Rail District") in order to (i) provide to the City the option for the use of the Tax Increment <br /> Fund for City-developed transportation projects within the Transportation Infrastructure Zone, <br /> including adding Exhibit D — City Projects; and(ii) address unanticipated Project delays by <br /> extending the initial term of the Interlocal Agreement and by adjusting the dates and time periods <br /> in the Early Withdrawal of Funds and Suspension provisions of the Interlocal Agreement. <br /> For and in consideration of the mutual benefits to be derived from this Second <br /> Amendment, the City and the Rail District hereby agree as follows: <br /> 1. The City and the Rail District hereby amend the Interlocal Agreement by adding new <br /> Sections 2.15 and 4.13 and by amending Sections 6.01 and 6.03 to read as follows (changes <br /> shown in red font; added language is underlined and deleted language is shown with <br /> strikethroughs): <br /> 2.14. "City Projects" means City transportation projects the City may decide to <br /> construct in the Zone. The City shall not be obligated to construct, acquire or otherwise <br /> provide the City Projects, but the City may do so. at its sole discretion. <br /> 4.13. City Projects. <br /> (a) The City shall have the right to withdraw from the Tax Increment Fund amounts <br /> to be used for City Projects until the LSRD provides the notice required in Section 6.03 <br /> (b). <br /> (b) The City Projects identified on Exhibit D and related improvements are to be <br /> provided or constructed in the Zone in a manner consistent with the Project Plan in effect <br /> on the Effective Date of this Agreement as applicable. The plans and specifications for <br /> the infrastructure shall comply with all federal, state, and local design and construction <br /> standards, including the Texas Accessibility Standards, and the applicable provisions of <br /> the Americans with Disabilities Act (ADA), and rail and traffic safety standards, in effect <br /> at the time of construction. <br /> (c) The City will coordinate with LSRD in the design and provision or construction <br /> of all transportation infrastructure directly impacting LSRD's Project that it may be <br /> responsible for constructing under this Agreement, including providing sets of plans, <br /> specifications and as-built drawings in a timely fashion. <br /> (d) The Tax Increment shall be allocated for payment to LSRD or for use by the <br /> City for the City Projects as stipulated in this Agreement. <br /> (e) Funds deposited or held in the Tax Increment Fund that are not to be paid to <br /> LSRD under this Agreement may be withdrawn by the City for reimbursement of costs of <br /> the design, construction, operation. and maintenance of the City Projects described in <br /> Exhibit D. Upon completion of the City Projects selected for implementation by the City <br /> under this Agreement or upon the termination of this Agreement. the City Council may <br /> Page 1 of 4 <br />