Contract - OC Sanitation - 1960-01-27 AGREEMENT FOR PURCHASE OF SEWERAGE
FACILITIES FROM COSTA MESA SANITARY
DISTRICT OF ORANGE COUNTY, CALIFORNIA
This agreement made on the 27 day of January, 1960,
by and between COUNTY SANITATION DISTRICT NO 7 of Orange County,
California, hereinafter called "SEVEN, " and the COSTA MESA SANI-
TARY DISTRICT of Orange County, California, her einafter called
"DISTRICT "
WITNESSETH
WHEREAS, Seven has heretofore received, avproved and
adopted an engineer's report on September 16, 1959, describing
a trunk sewer to be built by Seven, and
WHEREAS, Seven has entered into an agreement with
Irvine Company for the construction of a portion of said trunk
sewer to Babb Street, and
WHEREAS, District has found and determined that it is
for its best interests to have said trunk sewer, as described
in the enCineer's report of Se—en, adopted September 16, 1959,
extended between the northerly extension of Babb Street, west-
erly to College Avenue (being a portion of the Gisler trunk
sewer) together with a pumping plant at College Avenue;
NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN
THE PARTIES HERETO AS FOLLOWS
1 That Seven will pay to District the sum of One
Hundred Thnusand ($100 000 00) Dollars upon demand of District
2 That District will ccnstruct or have constructed,
a trunk sewer as described in the engineer s report adopted
September 16, 1959, and modified by Seven, extending between
the northerly extension. of Babb Street westerly to College
Avenue (being a portion of the Cider trunk sewer), together
with a pumping plant at College Avenue, and force main running
south along College Avenue to a trunk sewer belonging to
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County Sanitation. District No 6 in Baker Street, which connects
to County Sanitation District Treatment Plant No 1 by means of
the thirty-nine (39") inch trunk sewer siphon under the Santa
Ana River
3 Seven shall, at its own expense, acquire the
rights of way required for the construction of the sewer trunk
and appurtenant sewerage facilities hereinabove described, and
Seven will provide permits therefor where any portion of such
rights of way are on public property not owned by Seven
4 Seven agrees to supply to District detailed plans
and specifications, and all other engineering data, for the
construction of the facilities above described, and District
agrees to diligently cause said facilities to be constructed in
and along said rights of way in accordance with said plans and
specifications and related engineering data supplied by Seven
5 In connection with the construction of the
facilities provided for herein, District agrees to let such
work to the lowest responsible bidder, and District agrees to
pay for all costs of construction and to keep detailed and ac-
curate accounts showing the actual construction costs of said
work
6 Upon completion of said construction of said
facilities above described, District shall own 37 5% of the
aforesaid trunk sewer running between the northerly extension
of Babb Street and College Avenue
7 Seven shall, and does, hereby agree to buy back
from District the 37 5% of the ownership of the aforesaid trunk
sewer, and District hereby agrees to sell to Seven said 37 5
of the aforesaid trunk sewer It is agreed that the ultimate
purpose and intent of the parties hereto is that Seven shall
finally own all of the interest in the aforesaid trunk sewer
owned by District
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S Seven hereby agrees to pay to District the
purchase price equal to District's total construction costs
thereof, as shown by District 's accounts aforesaid, less the
sum of One Hundred Thousand ($100,000 00) Dollars
9 The payments of money from Seven to District as
hereinabove provided shall be made in accordance with the fol-
lowing schedule, or more rapidly at the option of Seven
Commencing in the month of June next occurring after final
completion of the construction of the trunk sewer and related
sewerage facilities, the sum of Ten Thousand ($10,000 00)Dollars,
plus the sum of Ten Thousand ($10,000 00) Dollars annually in
June thereafter, provided that all moneys unpaid after the
third (3rd) payment as hereinabove provided, shall bear
interest at the rate of four (47) per cent per annum until
paid in full Such interest shall be included in said annual
$10,000 payments commencing with the fourth such payment
10 Upon completion of the construction of said
facilities, District will deliver to Seven, possession thereof,
and Seven shall thereafter maintain, operate and use said
facilities and permit District to use the same as District 's
needs within the territories of Seven may require
11 Legal title to the 37 57 interest to said sewer
trunk and appurtenant facilities shall remain in District until
all payments on account of said purchase price and interest
thereon shall have been made by Seven, and upon full payment
thereof, District will convey to Seven good and valid title
to its said interest to said facilities
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IN WITNESS WHEREOF, each of the parties hereto
have caused this agreement to be executed by its officers
thereunto duly authorized, the date first above written.
COUNTY SANITATION DISTRICT NO 7
OF ORANGE COUNTY, CALIFORNIA
BY J
airman
_
Secretary PaO YEM
COSTA MESA SANITARY DISTRICT
OF ORANGE COUNTY, CALIFORNIA
BY Of, ke
President ",
BY Q, l g
Secretary
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