Contract - Lintz - 1979-04-07 f
c
A G R°E E M E N T
THIS AGREEMENT made and entered into this TM
day of .p aid, 1979 by and between the COSTA MESA
SANITARY DISTRICT a District formed' under the Sanitary
District Act of 1923 hereinafter called DISTRICT and
ROBERT H LINTZ an individual
WITNESSETH THAT
WHEREAS ROBERT H LINTZ is .a resident of 2412 Mesa
Drive Santa Ana California being outside the present
geographical limits of the DISTRICT and
WHEREAS said ROBERT H LINTZ has requested the DISTRICT
to provide service to his property at the aforesaid address
and
WHEREAS DISTRICT is a governmental agency organized
and operating to provide said service and
WHEREAS DISTRICT has declined to annex the aforesaid
property to the DISTRICT and in lieu thereof proposes to
contract with said ROBERT H LINTZ and
WHEREAS the parties .hereto desire to set forth their
rights and liabilities in connection herewith
NOW THEREFORE for and in consideration of the
covenants herein contained performed and to be performed
the parties hereto agree as follows
-1-
\i
I
It is understood and agreed by and between the parties
hereto that construction of laterals to the DISTRICT' s facili-
ties in an adjoining street including clean-outs Y s and
all ..other appurtenances shall be by persons -or entities other
than DISTRICT and shall be done in accordance with plans and
specifications approved by the DISTRICT" engineer and in
accordance-with all laws regulations , building -and plumbing
and electrical codes of whatever kind and nature and wherever
applicable
II
It is further understood and agreed by and between the
parties hereto that acquisition of any right-of-way shall be
by persoh or entities other than DISTRICT and that DISTRICT
shall be provided with proof of acquisition of right-of-ways
if any be required prior to or at the time of the granting
of construction permits by the governmental agency having
jurisdiction over said construction It is further understood
'1
and agreed by and between, the parties hereto that said ROBERT .H
LINTZ shall pay or cause to be paid all fees in connection
therewith including but not necessarily limited to sewer
r• hookup fees, DISTRICT inspection and .permit fees , if any and
c c
said ROBERT H LINTZ shall also be responsible for and shall
obtain or cause to be obtained all necessary building and
construction permits from any governmental agency having
jurisdiction over said project and shall cause to be. prepared
and filed such environmental impact reports as shall be re-
quired by any governmental agency having jurisdiction over
the project
-2-
III
It is further understood and agreed by and between the
parties hereto that the cost of maintenance replacement , re-
pair upkeep and depreciation of any portion of the sewer
facilities subject to this AGREEMENT shall be by persons or
entities other than DISTRICT It is further understood and
agreed by and between the parties hereto that there shall be
a one-time charge as a service fee in lieu of annexation to
the DISTRICT which said charge shall be $ 306 . 70
It is further understood and agreed by and between the parties
hereto that if and when the improvements at the aforesaid
locatioh are demolished and new construction placed upon the
property that said new construction shall be subject to the
requirements of Ordinance No 6 , a copy -of which is attached
to this AGREEMENT marked Exhibit A and by this specific
reference made a part hereof
IV
It is further understood and. agreed by and between the
parties hereto that 'ROBERT H LINTZ or his contractors shall
{
comply with all of the provisions of Sections 6500 through
and including 67O7oof the Labor Code ,. Section 4215 of the
Government Code ;and such, other laws• and regulations as are
applicable federal state and local to the construction of
said facilities
V
This AGREEMENT shall be for the term of 25 , years
from and after the date hereof and may be terminated sooner
by the parties hereto if a governmental agency other than
the DISTRICT proves facilities to serve the area served by
-3-
this AGREEMENT > ,
l
s VI
I This AGREEMENT' sha11 be binding upon the successors
of interest of either of the parties hereto
DATED. the day and year firsrt above. written
'COSTA MESA SANITARY DISTRICT
By' o ,/ LIK
President
ATTEST
Sec etary
ROBERT H LINTZ
By. as t4
-4-