Contract - Martin - 1990-09-13 AGREEMENT
THIS AGREEMENT made and entered into this 13-IL_ day of i -J
199 0 by and between the COSTA MESA SANITARY DISTRICT a public agency organized
and existing under and by virtue of the Sanitary District Act of 1923 hereinafter
called 'DISTRICT' and MARTIN AVIATION INC
hereinafter called 'OWNER'
RECITALS
1 DISTRICT is a public agency engaged in the collection transportation and
disposition of liquid waste disposal in its network of underground sewer instal-
lations in accordance with its peers to levy taxes annex property and perform the
public service of collection transportation and disposition of liquid waste all
as set forth in said Act
2 OWNER is the applicant for services as provided for by DISTRICT on real
property currently being developed or proposed to be developed with improvements
which will require sanitary sewer service as said property is described in Ex-
hibit A attached hereto
3 DISTRICT policy is to annex OWNER S real property to DISTRICT resulting
in the imposition of a user fee to generate a portion of the income needed by
DISTRICT for its operation
4 DISTRICT has elected not to annex property to its jurisdiction where said
property is not within the geographical limits or within the sphere of influence of
the City of Costa Mesa
5 DISTRICT has found OWNER S property to be outside the City s boundary
and sphere of influence and has determined that it will service OWNER S property by
contract
6 Parties to THIS AGREEMENT desire to set forth their respective rights and
obligations in connection therewith
NOW THEREFORE, for and in consideration of the covenants herein contained
performed and to be performed the parties hereto agree as follows
I
DISTRICT agrees to accept liquid waste for disposal from OWNER S collecting
lines or laterals from CIWNER S property at a point in the public right-of-way
designated by DISTRICT under the following terms and conditions
II
OWNER shall be obligated to construct maintain and replace collecting lines
or laterals on its property which shall be done in accordance with applicable
uniform plumbing codes and amendments and in accordance with ordinances and speci-
fications of the DISTRICT DISTRICT Engineer shall have the right to inspect and
approve plans and const -uction at OWNER S collecting lines and laterals before
OWNER will be authorized to connect to DISTRICT facilities
III
Connection to DISTRICT mains in the public right-of-way shall be done at the
cost of OWNER, under the supervision of DISTRICT Engineer and in accordance with
DISTRICT ordinances and specifications a- a location or locations specified by
DISTRICT
-1-
Iv
OWNER agrees that no flammable liquids or hazardous wastes will be dis-
charged as liquid waste into DISTRICT mains and that it will comply with any and
all regulations of the Environmental Protection Agency regarding hazardous liquid
waste and will comply with the requirements of the State Hazardous Waste Control
Act of 1973 and amendments OWNER agrees to indemnify and hold DISTRICT harmless
for any loss DISTRICT might incur by reason of flammables or hazardous wastes
discharged by OWNER into DISTRICT mains
V
OWNER agrees to pay an annual charge to the DISTRICT in advance on the
yearly anniversary dates of THIS AGMMINENT in accordance with a schedule attached
hereto as Exhibit 'B' OWNER will be billed annually by DISTRICT and payment shall
be due not later than fifteen (15) days from date of the billing All delinquent
billings shall be charged five (5%) percent per month compounded until paid as a
late payment penalty'
VI
OWNER may expand its facilities being served by DISTRICT and in that event
the additional facility will be subject to the same formula of charges as set
forth in Exhibit 'B' DISTRICT may increase its charges to OWNER from time to time
as costs of service increase but DISTRICT agrees that such increases if any shall
not be more often than once per year
VII
OWNER warrants and represents to DISTRICT that it is the owner of the prop-
erty being served or if not the owner is legally in possession of the property
and that it will obtain the consent of the owner to the terms of THIS AGREEMENT if
DISTRICT requires OWNER agrees that it will advise subsequent purchasers of its
business or of the property being served by THIS AGREEMENT of its existence and the
subsequent purchaser s or owner s obligations hereunder
VIII
The term of THIS PGREQlENI' shall be until mutually terminated by the parties
hereto or until breached by either party Any party having breached THIS AGREEMENT
shall have fifteen (15) days in which to cure the breach
IX
All notice required to be given under THIS AGREEMENT shall be deemed given
if mailed with prepaid postage or delivered personally to the parties hereto at the
following addresses
OWNER
MARTIN AVIATION INC
19301 Campus Drive
Santa Ana California 92707
DISTRICT
COSTA MESA SANITARY DISTRICT
77 Fair Drive
Costa Mesa California 92626
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X
In the event of legal action including suit arbitration, administrative
hearing or other legal proceedings the prevailing party shall be entitled to
legal costs including reasonable attorneys fees to be determined by the presid-
ing officer or judge in any of said proceedings
XI
THIS AGREEMENT supersedes any prior agreement with OWNER or its predecessor
serving the same real property for sewer service
IN WITNESS WHEREOF we have hereunto placed our hands and seals on the day and year
first above written
COSTA MESA SANITARY DISTRICT
P :sident
ATTEST
Secretary, Assista
OWNER MARTIN AVIATION INC
By ;� • , .
' Title
APPROVED AS TO FORM
Ne�OSS�J
At orney for TRICT
-3-
LEGAL DESCRIPTION
PM 1121-223-1
PARCEL A
JOHN WAYNE AIRPORT
( Lease Parcel )
That portion of Lot 140 , Block 6 of Irvine ' s Subdivision , in
the County of Orange , State of California , as shown on a map
recorded in Book 1 , page 88 of Micellaneous Maps in the office of
the County Recorder of said County, described as follows
Beginning at the southwesterly terminus of that certain
course cited as having a bearing of 8 40°00 ' 00 'W and a length of
1760 00 feet in the deed to the County of Orange , recorded June
30 1958 in book 4332 , page 306 of Official Records in the office
of said County Recorder ; thence N 40 °38 ' 38 "E , 725 94 feet along
said certain course ; thence & 49°20 ' 50"E , 162 65 feet ; thence
S 28 ° 48 ' 08"W , 720 86 feet ; thence N 61 °11 ' 52 "W , 99 73 feet ;
thence N 49 °20 ' 11 "E , 212 98 feet to the point of beginning k
APPROVED:
a_fl_R 2
HAROLD I. OTT
Right of Way Engineer
EXHIBIT A
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EXHIBIT
'C COUNTY ENVIRONMENTAL NVIRONMENTAL MANAGEMENT AGENCY --- RIGHT OF I E A
RIGHT OF WAY MAP — COMPILED FROM PUBLIC RECORDS WAY ENGINEERING
in 4n,
OWNER. MARTIN AVIATION INC
19301 Campus Drive
Santa Ana Califonria 92707
ANNUAL CHARGE PER SQUARE FOOT $25 36 per 1 000 square feet
NUMBER OF SQUARE lt,liN2 TO BE SERVED•
Office & conmon area 9 960 sq ft
FAA control tower 3 360
Aircraft storage hangar nil
TOTAL sq ft 13 320 sq ft
TOTAL ANNYAL CHARGE: ($25 36 x 13 32) = $337 80
EXHIBIT 'B'