Contract - OC Sanitation - 1984-11-14 AGREEMENT FOR COLLECTION OF
SEWER CONNECTION CHARGES
THIS AGREEMENT, is made and entered into this 14th day of
November , 1984 , by and between the Costa Mesa Sanitary
District, a public corporation, hereinafter called "CMSD" , and
the County Sanitation District No 1 of Orange County,
California, hereinafter called "District"-
W I T N E S S E T H
WHEREAS , District has by the enactment of Ordinance No 105
established a schedule of sewer connection charges and
WHEREAS , a portion of the territory of the District is within
the boundaries of CMSD and
WHEREAS , the CMSD regulates all connections to its sewerage
facilities and its sewerage facilities are connected to those of
the District; and
WHEREAS , it is for the mutual benefit of CMSD and District
that the sewer connection charges provided for in said Ordinance
No 105 of the District be collected in a manner most expedient
and least burdensome on the owners of property within the CMSD;
and
WHEREAS , the CMSD will benefit by the construction and
maintenance of sewerage facilities of the District within the
boundaries of CMSD by District from the funds to be collected
from said sewer connection charges
NOW, THEREFORE, it is mutually agreed as follows
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Section 1 CMSD as agent will and does hereby agree to issue
permits and collect the charges established by District under
said Ordinance No 105 , as amended from time to time
Section 2 District shall prescribe those classifications of
charges to be collected by CMSD
Section 3 CMSD will account for the charges collected and
remit to District monthly the monies so collected, except as
provided in Section 6 hereof
Section 4 Procedures mutually agreeable to CMSD and
District shalt be established for collection and remittance of
said fees
Section 5 District does hereby appoint and nominate CMSD
and its agents and employees (as the same may be designated by
CMSD) , as agents of the District for the purpose of issuing
permits and determining and collecting the sewer connection
charges established under Ordinance No 105 , as amended This
does not authorize CMSD to act as agent for the General Manager
or to perform the duties of the General Manager of the District
as set forth and established in said Ordinance No 105 , as
amended, except as expressly set forth in this Agreement
Section 6 CMSD agrees to act as agent for District as
herein provided for a fee equal to five percent (5%) of the fees
collected by CMSD for permits issued pursuant to the provisions
of this agreement, and District agrees to pay said fee monthly
Said five percent (5%) fee of CMSD shall be deducted from the
charges collected by CMSD and the balance remitted to District
pursuant to Section 3 herein
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Section 7 If CMSD is presented with a dispute as to the
validity, reasonableness, enforcibiIity, or applicability of the
charges agreed to be collected by it for District, CMSD shall
notify District of the problem and District shall take over the
collection and enforcement of its ordinances in subject cases
It is contemplated that this shall be the procedure for serious
disputes made upon some valid legal right or basis
Section 8 CMSD shall not be liable to District for its
unintentional and inadvertent failure to collect a connection
charge actually due District or its unintentional or inadvertent
miscalculation of the amount of the charges, fee, or fees due
District
Section 9 District hereby agrees to hold CMSD free and
harmless of any and all liability that might arise if any such
fees collected by CMSD shall be determined to have been illegally
collected District further agrees to hold the CMSD harmless
from any Iiability which may accrue as a result of failure of the
District to provide sewer services or capacity to any party who
applies to the City for connections under the Agreement
Section 10 District agrees to provide legal services in the
defense of any action seeking to collect sewer connection fees
alleged to have been illegally collected
Section 11 It is agreed that at the request of either party
hereto, formal renegotiation of this agreement shall be made at
two-year intervals from the effective date hereof
Section 12 This agreement may be terminated by either party
giving a 180-day written notice to the other party designating a
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termination date, which date shall be the first day of a calendar
month
Section 13 This agreement shall become effective on the
1st day of January , 1985
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written
COSTA MESA
SANITARY DISTRICT a public corporation
t
y �l').Qd \ i�1 ��?" 1\A,1.
resident '
By iyu ,L.•) �_Gc� ��c)
Secretary/Clerk
DISTRICT COUNTY SANITATION DISTRICT
NO 1 of Orange County,
California, a public
corporation
APPROVED AS TO FORM By e ,,,/
C airman, Board of Directors
Au/c71:711-"W
THOMAS L. WOODRUFF
GENERAL COUNSEL
By raf A Secretary, Board o rectors
APPROVED AS TO FORM
AND LEGALITY
Di tr c' s Geera1 Counsel
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