Contract - Jordan - 2000-10-12 OCT-12-2000 09:10 COSTA F'ESR SRN DIST 714 432 1436 P 01
• AGREEMENT
THIS AGREEMENT is made and entered into this 12 day of tgCTV'3>.l.- 2000,
by and between the COSTA MESA SANITARY DISTRICT a District formed under the
Sanitary District Act of 1923, hereinafter called 'DISTRICT' and 3- rF S,-,z- J
owners ("OWNER")of property located at I D 1 -Anniversary Lane,Newport Beach, legally
described as Lot 47 Tract No. 3068 , recorded in Book 119 , pages 31
of Miscellaneous Maps of Orange County California,hereinafter referred to as 'PROPERTY'
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Whereas, PROPERTY is connected to DISTRICT'S sewer system and has experienced
sewage backups from the lateral; and
Whereas, both DISTRICT and OWNER desire additional safeguards to prevent
PROPERTY from experiencing sewer backups;and
Whereas, the finished floor elevation of the house is lower than the rim elevation of the
upstream DISTRICT cleanout, and according to the Uniform Plumbing Code this requires the
OWNER to have installed a sewer backflow prevention device; and
Whereas, subject PROPERTY does not have a sewer backflow prevention device thereby
O increasing the chances of sewer backflows; and
Whereas, both parties agree that to minimize the chances of a backflow occurrence, the
installation of a backflow preventer or relief valve is warranted; and
Whereas, backflow prevention devices are normally owned, maintained, and serviced by
the PROPERTY OWNER and not the DISTRICT,
Now Therefore, for and in consideration of the covenants contained herein performed
and to be performed,the parties hereto agree as follows;
1. OWNER agrees to allow DISTRICT to install, at DISTRICTS cost, on OWNER'S
property a sewer backflow prevention device on said PROPERTY in OWNER'S backyard.
2. Said backflow device shall thereafter be owned, operated, and maintained by
OWNER, however, OWNER grants DISTRICT permission to periodically inspect and service
said device.DISTRICT shall have the right,but not the duty to make such inspections.
3. No warranty is made by District regarding the sewer backflow prevention device.
4. The parties agree to cooperate in every manner to prevent a backflow occurrence.
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OCT-12-2000 09 10 COSTA MESA SRN DIST 714 432 1436 P 02
5. The parties acknowledge that the installation of a backflow device greatly reduces the •
chances of a sewer backup but is not a complete guarantee that a sewer backup will not occur.
6. This agreement shall be recorded and run with the PROPERTY and be binding on the
OWNER(S),their heirs,successors and assigns.
7 OWNER does hereby grant to DISTRICT an irrevocable license to enter the
PROPERTY giving reasonable notice beforehand if possible. Said license shall be for the sole
purpose of inspecting the device and related tasks.
In witness whereof, the parties have entered into this agreement on the date first above
written.
Owner(s) Costa Mesa Sanitary District
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1 1 President
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Secretary
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