Contract - Costa Mesa, City of - 1960-02-15 "
AGREEMENT FOR PURCHASE OF
DRAINAGE FACILITIES FROM
CITY OF COSTA MESA
This agreement made this /57% day of ri L,r d k,/C 7 , 1960,
by and between the COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY, CALIFORNIA,
hereinafter called "District," and the CITY OF COSTA MESA, a Municipal Corpora-
tion, hereinafter called "City;"
W I T N E S S E T H :
WEEREAS, District has heretofore entered into an agreement with
County Sanitation District No. 7, in which agreement District is receiving the
sum of One Hundred Thousand ($100,000.00) Dollars from said County Sanitation
District No. 7 for the purpose of constructing the Gisler trunk sewer line,
extending between the northerly extension of Babb Street, westerly to College
Avenue, together with a pump plant at College Avenue, and
WHEREAS, District has appropriated the sum of Fifty Thousand ($50,000.00)
Dollars from its own funds for said construction above 'described, and
WHEREAS, the estimated cost of said construction is One Hundred
Seventy-five Thousand ($175,000.00) Dollars, and
WHEREAS, both City and District agree that it is to the mutual benefit
of each to have said portion of said Gisler trunk sewer line constructed, and
City desires to participate therein for any costs incurred therein over the
sum of One Hundred Fifty Thousand ($150,000.00) Dollars, but in no event
• exceeding One Hundred Eighty-five Thousand ($185,000.00) Dollars, and
WHEREAS, the City Council of the City of Costa Mesa did, on
February 15, 1960, adopt Resolution No. 698 approving an agreement between
City and said District in conformity with the aforesaid conditions;
NOW, THEREFORE, it is mutually agreed by and between the parties
hereto as follows:
1. City- shall pay to District the following sum upon demand of
District, to wit: the sum in excess of One Hundred Fifty Thousand ($150,000.00)
Dollars of actual cost of the hereinafter described portion of the Gisler trunk
sewer, but in no event shall said sum exceed Thirty-five Thousand ($35,000.00)
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Dollars, it being understood and agreed that said City funds shall be used
only in the event said construction cost exceeds Ono Hundred Fifty Thousand
($150,000.00) Dollars.
2. That District will construct, or have conStructed, a trunk
sewer as. described in the Engineer's Report (Sanitation District No. 7)
adopted September 16, 1959, extending between the northerly extension of Babb
Street, westerly to College Avenue, together with a pumping plant at College
Avenue, and force main running south along College Avenue to a trunk sewer
belonging to 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. All the provisions of that certain agreement between County
Sanitation District No. 7 and Costa Mesa Sanitary District, dated January, 1960,
are hereby incorporated and by this reference made a part of this agreement..
1 . Upon completion of said construction of said facilities above .
described, City shall own a percentage of the aforesaid trunk sewer running
between the northerly extension of Babb Street and College Avenue, computed as
follows: the amount that the City's contribution bears to Fifty Thousand
050,000.00) Dollars, and using 37.5% as the total interest of ownership
involved. It is agreed that the ultimate purpose and intent of the parties
hereto is that District shall buy all of the interest in the aforesaid trunk
sewer owned by City, and in turn, Sanitation District No. 7 shall buy and own
all of the interest in the aforesaid trunk sewer owned by District.
5. District hereby agrees to pay to City the amount paid by City
on the cost of said project as above set forth.
6. The payments of money from District to City has hereinabove
provided shall be made in accordance with the following schedule, or more
rapidly at the option of District: commencing in the month of June next
occurring after final completion of the construction of the trunk sewer and
related sewer facilities the sum of Ten Thousand (010,000.00) Dollars, plus
the sum of Ten Thousand (010,000.00) Dollars annually in June thereafter,
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