Contract - Times - 1967-10-27 J, r
1 A G R E E M E N T
2 THIS AGREEMENT made and entered into this 2--7 day of
3 October 1967 by and between the COSTA MESA SANITARY DISTRICT.,
4 a district organized under the District Act of 1923 hereinafter
5 called 'DISTRICT and THE TIMES MIRROR COMPANY, a California
6 corporation with its principal' offices in Los Angeles County
7 hereinafter called TIMES
8 W I T N E S S E T H
9 THAT WHEREAS the said TIMES is constructing and will
10 operate a printing plant within Orange County and contiguous
11 to the territorial limits of the DISTRICT and
12 WHEREAS said TIMES desires to be served with sanitary
13 sewers but does not desire the trash collection service which it
14 proposes to provide for itself and
15 WHEREAS the DISTRICT desires to provide said service
16 under the terms and conditions and for the considerations as
17 hereinafter set forth and
18 WHEREAS the parties hereto desire to establish their
19 rights duties and obligations with respect to •said sanitary
20 sewer service
21 NOW, THEREFORE for and in consideration of the covenants
22 herein contained performed and to be performed the parties
23 hereto agree as follows
24 I
25 The DISTRICT will provide whatever lines settling basins
26 pumping stations and other pertenances as are necessary to
27 provide sanitary sewer service to TIMES under the terms and
28 for the considerations as shall hereinafter appear
29 I I
30 TIMES agrees to pay for said service an amount of money
31 equal to ten cents per $100 00 assessed valuation as said
32 assessed valuation should be determined by the Assessor of the
-1-
J
1 County of Orange at the first tax appraisal made after said
2 plant has been completed and is in operation
3 III
4 It is understood and agreed that at the time that the
5 DISTRICT completes the formation of an assessment district for
Times
6 trash collection that /.4$ /will annex its property to said /
7 DISTRICT upon the condition that there be no assessment under
8 said DISTRICT upon the TIMES for trash collection
9 It is further understood and agreed that the TIMES will
10 not call upon said DISTRICT to make trash collection and that
11 no obligation will arise under this contract or the subsequent
12 annexation for any trash collection from the TIMES by the
13 DISTRICT
14 IV
15 It is further understood and agreed that the DISTRICT
16 will construct all facilities to the property line of TIMES
17 and that the said TIMES shall be responsible for the constructio
18 of all lines and other sewer facilities upon its property site
19 TIMES agrees to coordinate its engineering and construction
20 of facilities and the establishment of out fall grades with the
21 Engineer for the DISTRICT DISTRICT shall have control and set
22 the grade to be established in its lines and in the lines of the
23 TIMES on its own property in the interest of constructing a
24 workable facility
25 v
26 DISTRICT agrees to provide for maintenance and upkeep
27 of its own system and to establish and maintain a facility of
28 sufficient size capacity and type to serve the plant to be
29 established by TIMES
30 TIMES agrees to maintain and keep up that portion of the
31 system on its own property it being further understood and
32 agreed that DISTRICT will maintain that portion of the line
-2-
1 on TIMES property upon request from TIMES and DISTRICT reserves
2 the right to invoice TIMES for its reasonable costs in connectior
3 therewith
4 The parties hereto agree that in the event said TIMES
5 fails refuses or neglects to perform necessary maintenance
6 and upkeep on that portion of the sanitary sewer lines upon
7 their property DISTRICT may have and is hereby granted the
8 right to enter in over and upon said premises for the
9 purposes of performing whatever maintenance repair upkeep
10 or other service is necessary to maintain said facilities in the
11 proper state of repair so as not to constitute a hazard to the
12 health safety and general welfare of the public
13 VI
14 DISTRICT Engineer shall be supplied copies of the proposed
15 engineering drawings for that portion of the system upon TIMES
16 property and shall approve said plans as to size and capacity of
17 the system, grade type of materials and proposed methods of
18 construction prior to the time that said construction commences
r
19 in order to insure a workable system.
20 VII
21 This agreement shall be in full force and effect for a
22 period of three (3) years unless during said three year period
23 the property of TIMES shall be annexed by the DISTRICT pursuant
24 to the terms heretofor set forth Said agreement shall be
25 renewed for successive three year periods under like terms and
26 conditions with consideration herefore to be negotiated at the
27 time of said renewal
28 VIII
29 The terms and conditions hereof shall be binding upon the
30 successors in interest of either of the parties hereto
31 '
32
-3-
A'
1 WITNESS our hands on the day and year first -above
2 written
3 THE TIMES MIRROR COMPANY
4 ,. Odr /
Y�eG^ Pr-"ident
6
ATTEST,
^8
9 ;Sec tary .T easmrer
10
11 COSTA MESA SANITARY DISTRICT
12
13 BY
President
14
ATTEST
15
16 BY
17 Secretary '
18
19
20
21
22
23
24 ,
25
26
27
28
29
30
31
32
-4-
i