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The Operator has inspected the Airport Property including its buildings, structures, <br />improvements, equipment, vehicles, machinery and tools and is aware of the condition of <br />these items and has taken this condition into account in submitting its proposal. The <br />Operator accepts for its use in providing the services under this Agreement all of the Airport <br />Property and equipment in its existing "as -is" condition as of the Effective Date. <br />3.0 AIRPORT ADMINISTRATION <br />General Administration and Management <br />Operator shall: <br />3.0.1 Pursuant to and in accordance with this Agreement, manage and operate the <br />Airport for the use and benefit of the City and the general public seven (7) days a <br />week, twenty -four (24) hours a day, (or such other hours as may be reasonably <br />prescribed by the City) through the term of this Agreement excluding the staffing <br />and operation of the Airport Traffic Control Tower which is staffed and operated <br />by the FAA. However, Operator is responsible for the maintenance of the Airport <br />Traffic Control Tower. <br />3.0.2 Manage the operations of the Airport in a safe and efficient manner and use its <br />best efforts to maintain it in a clean, orderly, operationally safe, and first -class <br />condition in conformity with all applicable federal, state and local laws, rules and <br />regulations and other legal requirements including the San Marcos Code. <br />3.0.3 Provide the City with all of the management services within its expertise, ability <br />and control which are usual, customary and customarily incident to the <br />management, operation, maintenance and development of an airport in a safe, <br />efficient, professional and first -class manner as well as such other services and <br />expertise incidental to the performance of these services and those specified in <br />this Agreement. <br />3.0.4 Perform general management and administrative duties associated with the <br />operation, maintenance and management of the Airport, including monitoring, <br />reporting, scheduling, purchasing, general correspondence, office administration <br />and invoicing. <br />3.0.5 Provide and/or utilize information technology related to its operation of the <br />Airport that is approved by the City and fully compatible with City information <br />technology. The Operator will ensure that both the City and the Operator are <br />licensed users of any information technology proposed for use by the Operator. <br />3 <br />