Contract - Brattain Contractors - 1965-07-01 A G R E E M E N T
THIS AGREEMENT made and entered into this /st day of
' July, 1965, by and between the COSTA MESA SANITARY DISTRICT
of Orange County, California, hereinafter called "DISTRICT",
and BRATTAIN CONTRACTORS, INC. , 1304 West Commonwealth,
Fullerton, California, a California corporation, hereinafter
called "OWNER;"
WITNESSET-I:
WHEREAS, Owner is the developer of Tract No. 5340, in
the City of Costa Mesa, and proposes to construct approxi-
mately 1,397.00 feet of sewer main from said Tract to a
future street in, the vicinity of Paularino Avenue and Babb
Street as shown on a map attached hereto and made a part
hereof; and
WHEREAS, said sewer main is to be constructed by Owner
to the specifications of District, and will have the capacity
to serve, in addition to Owners property, other lands
adjacent to and fronting on said proposed sewer main; and
WHEREAS, Owner desires, after construction of said
sewer main, to dedicate the same to District on the condition
that District will not allow any person to connect to said
sewer main for a period of five (5) years from the acceptance
of said sewer main by District, without paying Owner the
pro-rata share of the cost of construction of said sewer main
based upon the formulatestablished by the District Engineer ;
and
WHEREAS, District deems it to bete its best interest to
accept the dedication of the said sewer main on the conditions
above set forth ;
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NOW, THEREFORE, it is mutually agreed between the' parties
hereto as follows:
1. Owner shall install, at its own cost and expense,
a sewer main in accordance with specifications of the engineer
of the Costa Mesa Sanitary District, as shown on a map attached
hereto and by this reference made a part hereof.
2. In consideration for the construction of said sewer
main and the dedication thereof to District, District hereby
agrees that, for a period of five (5) years from the date of
acceptance of said dedication, it will not allow any person
to use or connect to the above described sewer main until
such person has paid to Owner the pro-rata share of the cost
of the construction of said sewer main.
Upon completion of the construction by Owner,
Owner shall furnish to the District Engineer a complete and
detailed statement of the actual construction cost of said
sewer main. Failure of Owner to provide said statement shall
relieve District of any and all obligations imposed hereunder.
The District Engineer shall, at the time that
any person requests connection to said sewer main, compute
such persons pro-rata share of the cost of construction,
using accepted formula, therefor .
The District Engineer shall, thereupon, nnotify
both Owner and the applicant, for connection, of the amount
of such pro-rata share to be paid to Owner.
Owner shall furnish to the District Engineer a
written statement that it has received said pro-rata share of
payment, whereupon, District shall have the right to authorize
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such person to connect to and use the said sewer main.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals the day and year of this Agreement first
above written.
COSTA MESA SANITARY DISTRICT
BY: f 1. !//l/.�es �
ATTEST:
Secretary
DISTRICT
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BRATTAIN CONTRACTORS, INC;
idae;diceef-
Edwin E. Brattain, President
OWNER
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0NNDEX MAP
SCALE I"'200
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