Res 2011-046 - Laserfiche WebLink

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by Texas State as public facilities, subject to such facilities meeting City of San Marcos codes and standards and, following any post construction warranty period, maintain, operate and replace the water and wastewater installations. Acceptance of the facilities under this paragraph is subject to the City's acceptance of any easements as provided in subsection (a) 4 above. Texas State and the City agree to establish a City inspection regimen that will allow the City to meet its' inspection responsibility and allow the construction to proceed without delays. Provided the regimen is maintained by Texas State the City will not delay acceptance of the public facilities for inspection causes. Section 3. Term The term of this Agreement will commence on the date this Agreement is fully executed by both parties and will continue until all improvements and related payment obligations required hereunder have been completed, unless this Agreement is terminated at an earlier time by either party in accordance with Section 6(f). Section 4. Contractor's Insurance and Indemnification With regard to the construction of the wastewater facilities within the Off -Site Easement, Texas State shall require in its contracts with all contractors performing work that the City be protected in the same manner and at the same limits as Texas State as follows: 1. When Texas State is named as an additional insured, the City shall also be named as an additional insured; 2. When Texas State is an indemnified party, the City shall also be an named as an indemnified party; and 3. The City shall be afforded the same level of coverage or indemnification as specified for Texas State. Section 5. Notice Except as may be otherwise specifically provided in this Agreement, all notices, demands requests or communications required or permitted hereunder shall be in writing and shall either be (i) personally delivered against a written receipt, or (ii) sent by registered or certified mail, return receipt requested, postage prepaid and addressed to the parties at the addresses set forth below, or at such other addresses as may have been theretofore specified by written notice delivered in accordance herewith: If to the Citv: City of San Marcos Attn: City Manager 630 E' Hopkins San Marcos, Texas 78666 Section 6. Miscellaneous If to Texas State: Texas State University -San Marcos Attn: VP for Finance and Support Services 601 University Drive, JCK 920 San Marcos, Texas 78666 a) Interlocal Cooperation: The City and Texas State agree to cooperate with each other in good faith at all times during the term of this Agreement in order to achieve the purpose of this Agreement. Each party to this Agreement acknowledges and represents that this Agreement has been executed by its duly authorized representative. 4 1 P a 9 e