Res 2010-123 - Laserfiche WebLink

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August 17, 2010 William E, West General Manager Guadalupe- Blanco River Authority 933 East Court Street Seguin, Texas 78155 Re: Second Amendment to Service Contract for Water Treatment Facilities Operations and Asset Management Dear Mr. West: This letter, upon countersignature below by you, will constitute an agreement (the "Second Amendment to Plant Operating Agreement ") between the City of San Marcos (the "City ") and the Guadalupe - Blanco River Authority ( "GBRA" or the "Authority ") to amend the Service Contract for Water Treatment Facilities Operations and Asset Management between the City and the GBRA dated September 20, 2005, as amended by letter agreement dated March 13, 2009 (the "Plant Operating Agreement "). This Second Amendment to Plant Operating Agreement modifies, supplements and amends the Plant Operating Agreement whether or not attached hereto. In the event of any conflict between the Plant Operating Agreement and its terms and this Second Amendment to Plant Operating Agreement and its terms, this Second Amendment to Plant Operating Agreement and its terms shall govern. In consideration of the mutual benefits to be received by the City and GBRA as a result of the continuation of the Plant Operating Agreement and other related agreements the City and GBRA agree as follows: 1. Section 5. 1, Authority Permitting Responsibilities, is hereby amended to read as follows: SECTION 5.1. AU'rFiCIRITY PERMITTING RESPONSIBILI`T'IES. Except as provided in Sections 5.2 and 6.12, the Authority shall be responsible (at its own cost, including annual or periodic fees) for applying for, obtaining, providing necessary reports required under, and maintaining in force all Government Approvals required for the operation of the Facilities even though such Governmental Approvals may be in the name of the City, as more fully provided for in Section 6.12. The City shall provide the Authority reasonable assistance and cooperation in the permitting process at its own cost. The Authority shall bear the cost of (including permit fees) and risks (except to the extent a new permit condition constitutes a Change in Law) associated with obtaining, maintaining and complying with such Governmental Approvals. The Authority shall be CITY HALL ® 630 EASr HOPKINS ® SAN MARCOS, TFXAS 78666 s 512.393.8150 s FACSIMILE 512.393.3983 SANMARCOSI "X.GOV