Res 2005-127 - Laserfiche WebLink

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City of San Marcos/Guadalupe-Blanco River Authority Water Treatment Facilities Service Contract Article VI - Management and Operation procedure shall impede, impair or delay such access. The parties agree that access by the City's agents and contractors shall normally be arranged with the Authority in advance and that such access shall normally be at times reasonably convenient for the Authority. While the Authority shall attempt to provide a safe and secure workplace at the Facilities in accordance with Section 6.10(A), City agents, contractors and visitors entering the Facilities shall enter at their own risk. (E) Liens and Encumbrances. At all times during the Term of this Service Contract, the Authority shall keep the Facilities free from any and all Liens and Encumbrances arising out of or in connection with (1) the Contract Services, or (2) any acts, omissions or debts of the Authority, its Mfiliates and its Subcontractors, other than Liens arising by operation of law, which shall be promptly bonded or discharged. (F) Authority Prohibitions. In addition to any other provision set forth herein and the limitations set forth under Applicable Law, the Authority shall not: (1) change the nature of the business of the Facilities as currently conducted without the City's prior written authorization; (2) enter into any contract, commitment or transaction on behalf of the City without the City's prior written authorization; (3) utilize the Facilities for any purpose other than the continued operation of the Facilities, such as (i) managing or operating non- City facilities (other than the San Marcos Raw Water Delivery System, and the pump station and pipeline on the Plant Site for the IH 35 Project) from the Facilities, except as is expressly agreed to by the City in writing, (ii) using personnel, equipment, software, rolling stock, consumables or other materials that are utilized at the Facilities at non-City facilities except as authorized in writing by the City, or (ill) storing equipment and spare parts for other non-City facilities (other than equipment, spare parts and materials related specifically to the operation and maintenance of the San Marcos Raw Water Delivery System or the IH 35 Project); (4) share Facilities staff with other non-City facilities, subject to subdivision (3)(i) above; or (5) distribute, dispose of (except as authorized in writing by the City), transfer, convey, pledge, mortgage or encumber any of the assets of the Facilities except as permitted by the Regional Agreement. (G) Third-Party Access. Except as provided herein, the Authority shall prohibit access to the Facilities to all unauthorized personnel and third parties. 33