Contract - Orange Coast - 1970-08-05 1 A G R E E M E N T C�9
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2 THIS AGREEMENT made and entered into this ,59 day of dune,
3 1970 by and between the COSTA MESA SANITARY DISTRICT a district
4 formed under the Sanitary District Act of 1923 hereinafter called
5 'SANITARY DISTRICT and ORANGE COAST JUNIOR COLLEGE DISTRICT a
6 college district organized and existing under the laws of Californi-
7 hereinafter called COLLEGE DISTRICT
8 W I T N E S S E T H T H A T
9 WHEREAS COLLEGE DISTRICT and its agent or agents a general
10 contractor have constructed a six-inch vitrified clay pipe sewer
11 line from their newly constructed Administration building at the
12 intersection of Adams Street and S Street on the college property;
13 and
14 WHEREAS, said sewer line connects with the facilities of
15 SANITARY DISTRICT said line having been constructed without permit
16 and without SANITARY DISTRICT approval or inspection and
17 WHEREAS said line has been fully covered and backfilled and
18 is not now practicably presentable for inspection and
19 WHEREAS, SANITARY DISTRICT now demands an indemnity for its
20 protection by reason of faulty construction or failure to follow
21 SANITARY DISTRICT specifications and
22 WHEREAS the parties hereto desire to set forth their rights
23 and liabilities in connection with this matter
24 NOW, THEREFORE, for and in consideration of the covenants
25 herein contained performed and to be performed the parties
26 hereto agree as follows
27 I
28 The SANITARY DISTRICT by this agreement authorizes COLLEGE
29 DISTRICT to connect to its sewer service lines and to discharge
30 effluent into said system under the following conditions
31' '• II
32 1 COLLEGE DISTRICT by this agreement does hereby warrant and
1 agree that it will indemnify and hold harmless SANITARY DISTRICT
2 from any and all claims for damages of whatever sort or nature
3 which may arise by reason of any failure of COLLEGE DISTRICT to
4 comply with SANITARY DISTRICT standard specifications or for any
5 negligent construction or for any latent or patent defects not now
6 known to the parties hereto but which may at any future date result
7 in damage to persons or properties of others and for which SANITARY
8 DISTRICT may be legally held liable in damages
9 III
10 SANITARY DISTRICT makes no warranty to COLLEGE DISTRICT as
11 to the fitness of purpose of the line or lines constructed by
12 COLLEGE DISTRICT or their agents without the inspection or
13 supervision of SANITARY DISTRICT S engineer and SANITARY DISTRICT
14 further disclaims any and all responsibility or liability for the
15 quality of engineering or construction produced in connection with
16 said line
17 IV
18 Time is of the essence in connection with this agreement and
19 the same shall be binding upon the successors in interest of either
20 of the respective districts which are a party hereto The sewer
21 lateral subject to this agreement may not be put into operation
22 for other than testing purposes until this agreement has been fully
23 executed by both parties
24 -DATED on the day and year first above writte ■
257 ' TTES / COSTA MESA SANI: ' : ..
26- By -T i�-tLk i0 . �t K-, By--'` - -
Secretary I Chairman
27
28 'TTEST ORA AT COAST sr. COLLEGE DISTRICT
29 Byrn/�.i t! — c9 By fr- 4...
30 Secretary / Presid- .,t
31 1/
32
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