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Contract - Fairview - 1957-06-03 a AGREEMENT FCR USE OF SH1EBAGE FACILITIES THIS AGREEMENT made. and entered into this 3rd day of Jame, 1957, by and between the COSTA MESA SANITARY DISTRICT of Orange County, Calif- ornia, a district organized under the provisions of the Health and Safety Code of the State of:California, hereinafter referred to as DISTRICT, and the STATE OF CALIFORNIA, acting by and through its Department of Mental Hygiene, hereinafter referred to as STATE, WhTNESSSTH WHEREAS, the County Sanitation Districts of Orange County have heretofore on or about the 11th day of February, 1955, issued a permit to the STATE to connect an 18" trunk sewer to the system of the DISTRICT at Gisler Avenue and Harbor Boulevard, in accordance with the plans and specifications sub- mitted and approved; and WHEREAS, said sewer has been constructed to serve the Fairview State Hospital; and WHEREAS, it is necessary and desirable that an agreement be reached between the DISTRICT and the STATE with reference to the use of said facilities, and the sewerage and sewage treatment facilities to which said sewer discharges, and the charges to be paid for such use; and WHEREAS,, the Costa Mesa Sanitary District has acquired the cap- acity in theCounty Sanitation Di'strictsn facilities to which the STATE trunk sewer connects, and that such acquired capacity is adequate to serve the STATE trunk sewer connection; and WHEREAS, transfer of ownership of certain portions of.4he STATE constructed sewer to the DISTRICT would relieve the STATE of maintenance and operation costs of that portion of the sewerfrand would result in mutual advan- tages to the DISTRICT and STATE, : ., 0-4 Ofd Sir V 1 I 1 024 -1- 1, NOW, ThnicaNORE, it•is agreed/as follows: 1. That the STATE is- hereby authorized and permitted to dis- charge through the State constructed 185.inch sewer into the system of the County Sanitation Districts, all sewage originating on the site .of the Fairview State Hospital.. Said permit is granted in accordance with, and subject to, the provisions of Ordinance No. 1 of said County Sanitation Districts which Or- dinance was passed and adopted on the 10th day of February, 1951 , and the State agrees to accept and abide by all the provisions of said Ordinance No. 1, a copy of which is marked FSdiibit -A and attached hereto. 2. The State agrees to furnish any additional inteormation relating to the installation or use of the sewer for the use of which this per- mit is granted, as may be requested by said District. 3. The State agrees at all times to cooperate with-the District and its representatives on inspecting, sampling and studying the wastes discharged by the State to said sewer, and the inspection and studying of an* pre-treatment facilities which may be provided by the State, 1:. Those portions of the trunk sewer constructed by the State and described as follows are hereby granted- to the Costa Mesa Sanitary District subject to terms and oonditions as set forth herein, and the Costa Mesa Sanitary District accepts said property subject to said terms and conditions. The center- line of said trunk sewer line is described as follows:- "Beginning at an existing manhole-within the right of way of Harbor Boulevard which bears S 00° 321' !:, •2110.00 feet and N: 89° 281414 16 feet from the intersection of the westerly line of Harbor Boulevard, .as des- cribed inethe deed to the,County of Orange recorded August 29, 1941, in Book 1105,. Page 511 of Official Records of Orange County, and the northerly boundary of Lot "A" of the Banning Tract as shown on a map filed in the case of Hancock Banning and others vs. •Mary H. Banning for partition, and being case No. 6385 upon the Register of Actions of the Superior-Court of the State of California, in and 'for the County of"Los -Angeles; thence from said point of beginning along the center line of the existing 18-inch VC sewer line the following courses and distances. N 00° 321, 1026 feet, along a line parallel -to and 211 feet westerly • of the centerline of Harbor Boulevard; thence N 15° 131. 1:9" W, 103 feet to a point. 51 feet westerly and at right angletto the centerline of f it 1 -2- Harbor. Boulevard; thence N 00° 32x11,- 3991t =feet, along-a line parallel to and 51 feet westerly of the centerline of Harbor Boulevard; thence N 11° 552 21" E, 102 feet to a point 29* westerly and at right anglest to the centerline of Harbor Boulevard; thence N 00° '32t, W, 1110 feet, more or less, along, a line parallel to and 29 feet westerly of the center- line of Harbor Boulevard, to its connection to. an existing 30-inch VC sewer line of the County,.Senitation.Biitricts. of Orange County " 5. That the Costa Mesa Sanitary"Histriet operate and maintain the above described State constructed sear at no expense to the STATE. 6. That the Costa Mesa Sanitary 'District agrees to provide sewer capacity to 'the STATE equal to that of the existing .State constructed -Sewer either in that sewer or equivalent facilities. .7 That the Costa Mesa Sanitary District will receive,, trans- port, treat, and,dispose of all sewage from the Fairview State Hospital through the`DISTRICT facilities and related joint facilities of tie Orange County Sani- tation Districts to which capacity has been acquired. The term for which the District will provide sewage facilities for. •thetbaid Fairview State Hospital shall be for the life of the sanitary facilities of the District. 8. The STATE shall pay for. the 'receiving, transporting, treat- ing and disposing of STATE sewage into 'DISTRICT Facilities. Such payment shall be at cost to the DISTRICT as determined from' the records of the Costa Mesa San- itary-District and from the records •of the County Sanitation Districts of Orange. County Payment :shall be made on a monthly basis. The monthly payment shall be equal `to the average monthly payment for the preceding year At the end, of the fiscal year an adjustment shall be made with credit to the STATE or payment to the DISTRICT- such that the cost of receiving, transporting, treating, and dis- posing of the -STATE- sewage shall equal the actual costs- to the *DISTRICT. 'Costs shall be based 'on millions of gallons of sewage. Only Costs relating to facilit- ies used in'handling the STATE sewage shall be considered in computing the STATE costs. For the first fiscal year or portion thereof, the monthly payment shall be at the rate of thirty (30) dollars 'per`million gallons of sewage with adjustment -3- li l at the end of the fiscal year as herein provided. Cost, as used herein, shall include operating- costs but shall in no vent include capital expenditures. 9 That metering facilities for measuring the sewage flow from the Fairview State Hospital will be installed and maintained by the STATE. Such metering facilities shall be open to inspection by the .District. 10. That metering facilities; will be 'installed and maintained by the District for determining the total volume of sewage utilizing facilities on which State costs are based. Such facilities shall be open to inspection by the State. 11. That records of the tistrict related to calculating the costs w4♦ ' of receiving, transporting, treating, and disposing the State sewage shall be open to the State for review. IN WITNESS WHEREOF the parties hereunto have set their hands. the day and date first above written. COSTA ?ESA SANITARY DISTRICT ORANGE comm, CALIFORNIA I j ' n — rent L _ - President DEPARTMENT' OF FINANCE APPROVED . �: , a. a i it' A � OCT J. OCT e . Secretary— SOH PEIRC ' rector ®Y A t STATE OF CALIFORNIA L . . tier DEPARTMENT OF MENTAL HYGIENE RIM Qua ,,Q By �/ il cunta.i Oft ur Ann rAL di`-y/� S t 1 tilt ff r .\ 1' rr "' P.„ 41 r r '> -4- I )7 f' RESOLUTION NO. 44 A RE4OLUTION •OF THE COSTA MESA SANITARY DISTRICT APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE DEPARTMENT OF MENTAL HYGIENE OF THE STATE OF CALIFORNIA. WHEREAS,. there has 'been presented'to the Costa Mesa..Sanita y District a certain agreement by and between the said Sanitary District and the State of California, acting through its Department of Mental Hygiene, for the transfer of certain portions of a trunk sewer, more particularly described therein, and the use and maintenance of sewer facilities; and WHEREAS, the Board of Directors of the Costa Mesa Sanitary District deems,it to be in the beat interests of the District that said agree- ment be approved,. accepted and executed; NOW, THEREFFORE, BE IT RESOLVED, that that certain agreement by and between the Costa4Mesa Sanitary District and the State of California, Department of Mental Hygiene, hereinabove described-and attached 'to and made apart of this Resolution? be, and th_e same' is hereby approved, ratified and accepted by the Board of Directors of the Costa Mesa Sanitary District and the President and Secretary are hereby authorized' to sign said agreement on behalf of the said District. PASSED AND ADOPTED this 6th day of June, 1957 Pre den 111 ft. 1-Li ATT� a Sec '-' =ry STATE OF CALIFORNIA s ss. County of Orange i ri- I. A. 1LiHOLLISTER, Secretary of the Costa Mesa Sanitary District, do here by c e*tYfi tha t tte:atiove and foregoing Resolutkon No !ih was ti r c al- 5 ,f ` duly and regularly adopted at a regular meeting of the Board of Directors of the Costa Mesa Sanitary District, held on the 6th day of June, 1957, by the following roll call vote, to-wits MESA NELSOYi , NORMA4N,, PORTER, HOLLIST17t, METERS NOES: None ABSENTS None. IN WITNESS WHEREOF, I HAVE HEREMNTO SET MT HAND and ssal this 6th day of June, 1957 e td, tai Seer: of e Costa Mesa Sanitary District, Costa Mesa, California. -2° ` ' inn..