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FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF SAN MARCOS, TEXAS AND HAYS COUNTY FOR THE COMPLETION OF THE McCARTY LANE AND FM 110 (SAN MARCOS LOOP) ROADWAY IMPROVEMENT PROJECTS This First Amendment is made to the Interlocal Agreement between the City of San Marcos, Texas and Hays County Texas For The Completion of the McCarty Lane and FM 110- (San Marcos Loop) Roadway Improvement Projects entered into on April 29, 2008 by and between Hays County (said original agreement being referred to herein as "Agreement ") For and in consideration of the mutual agreements herein exchanged, the Parties to the Agreement hereby contract as follows: 1. Section 3.2 of the Agreement is hereby amended to read as follows 3.2 "McCarty Lane — City Segment" or "City Segment" means a road segment to be constructed by City that includes: a) a five -lane urban road section approximately seventy -two (72) feet wide, including curb and gutter, extending from IH -35 to a point approximately five - thousand, two - hundred- and -thirty -six (5,236) feet to the east; and b) a five -lane road section approximately seventy eight (78) feet wide, including curbs and gutters, extending approximately one- thousand seventy two and five tenths (1,072.5) feet from the end of the five -lane section to a point meeting the County Segment defined in subsection 3.3b of this Agreement. This five lane section will include the intersection of FM 110 and McCarty lane as defined in subsection 3.3. See Exhibit "A ".