Contract - Mobil - 1983-01-13 AGREEMENT
THIS AGREEMENT, made and entered into this 13th day of January
1983 _ by and between the COSTA MESA SANITARY DISTRICT a district formed
and existing under and by virtue of the Sanitary District Act of 1923
hereinafter called DISTRICT and MOBIL OIL CORPORATION a corporation
hereinafter called MOBIL
WITNESSETH THAT
WHEREAS MOBIL is a mineral operator under a mineral lease which
said lease will expire in 1994 otherwise designated as the Banning lease
all as described in a plat and legal description attached to this AGREE-
MENT and by this specific reference made a part hereof and
WHEREAS MOBIL has requested sanitary sewer service from DISTRICT
for the transportation and disposal of liquid waste through DISTRICT s
facilities; and
WHEREAS DISTRICT has in the past required annexation to the DIS-
TRICT and the annual payment of certain plumbing fixture fees as a condi-
tion to the providing of sanitary sewer service as aforesaid; and
WHEREAS because of the nature o_f MOBIL's operation and its
estate in land annexation and the imposition of annual plumbing fixture
fees is not practical nor warranted and
WHEREAS, the DISTRICT and MOBIL as an alternative to annexation
and annual plumbing fixture charges desire to fix a one-time charge on
sanitary sewer services from the date of this AGREEMENT to 1994 and
WHEREAS, the parties hereto desire to set forth their rights and
obligations 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
I
It is understood and agreed by and between the parties hereto that
construction of laterals to the public right-of-way and construction in
the public right-of-way to the DISTRICT's facilities at or near the inter-
section of 17th Street and Whittier Avenue in the City of Costa Mesa,
California and all other appurtenances in connection therewith shall be
by persons or entities other than the DISTRICT and shall be done in
accordance with plans and specifications approved by the DISTRICT Engineer
and in accordance with all laws regulations building, plumbing and
electrical codes of whatever kind and nature and wherever applicable
-1-
a
II
MOBIL warrants that it has by its oil and gas lease or by other
right, the necessary right-of-way for construction of sewer laterals on
private property and that it will obtain the necessary permits from the
City of Costa Mesa before construction in the public streets
III
It is further understood and agreed by and between the parties
here that annexation to the COSTA MESA SANITARY DISTRICT shall not be
necessary and that MOBIL shall not be obligated to comply with Ordinances
6 and 7 of the DISTRICT requiring annual payment of fees for sanitary
sewer service but in lieu thereof shall pay the sum of Seven Hundred
($700 00) Dollars to the DISTRICT, which said sum shall provide MOBIL
with sanitary sewer services from date hereof to the termination of
MOBIL's oil and gas lease in the year 1994 Thereafter should the
oil and gas lease referred to herein be extended for another period of
years, this AGREEMENT may be extended to meet said new period of years,
provided however that DISTRICT reserves the right to set the fee to be
charged at that time in accordance with regulation of the DISTRICT pre-
vailing at that time relating to sanitary sewer service charges
IV
It is understood and agreed by and between the parties hereto that
the cost of maintenance replacement, repair and upkeep and depreciation
of that portion of the sanitary sewer facilities on private property
shall be that of MOBIL and that upon completion and acceptance by the
DISTRICT Engineer that portion of the sewer construction in the public
right-of-way shall be dedicated to the DISTRICT and DISTRICT shall
at that point, assume the obligation of maintenance, replacement, repair
and upkeep of that portion of the facility in the public right-of-way
It is further understood and agreed by and between the parties hereto that
MOBIL, or its contractor, shall comply with all of the provisions of
Section 6500 through 6707 of the Labor Code relating to safe place to
work and Section 4215 of the Government Code relating to shoring require-
ments for excavation, and such other laws and regulations as are appli-
cable federal state and local , to the construction of said facilities
V
This AGREEMENT shall terminate at the expiration date of the
mineral lease in 1994, subject to extension as heretofore set forth
VI
This AGREEMENT shall be binding upon the successors in interest
of either of the parties hereto
-2-
ti
DATED on the day and year first above written
COSTA MESA SANITARY DISTRICT
ebt_.'1) El
•resi •en
ATTEST
Secretary
MOBIL OIL CORPORATION
By W1t/( /
ATTEST
MOBIL OIL CORPORATION
By Y J Q/
Attorney-in- ct
-3-
■
?73111rHM i o
Z Y
1 0 C 0 O
Ire,—
43 1 Cif e-
Z
:l ~ , N
,.� N N
TI- -3 . /4 0 (2)
T 1/4,.o. j
ik) fir r`
c` (v�y11
ti, if\4 w 0 < c
ti° = T
^.\, oo J
it 0 W
a
N Qi i
C rr
I. < F
r,
MOM
eel% Q
W
w 1•
N N
C7 h
e
r C O -�O
u.
N SIR N - j t�
— \ I -I I N
VV N
N lU
J • . / N
4
n
N