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Contract - Martin - 1990-09-13 AGREEMENT THIS AGREEMENT made and entered into this 13-IL_ day of i -J 199 0 by and between the COSTA MESA SANITARY DISTRICT a public agency organized and existing under and by virtue of the Sanitary District Act of 1923 hereinafter called 'DISTRICT' and MARTIN AVIATION INC hereinafter called 'OWNER' RECITALS 1 DISTRICT is a public agency engaged in the collection transportation and disposition of liquid waste disposal in its network of underground sewer instal- lations in accordance with its peers to levy taxes annex property and perform the public service of collection transportation and disposition of liquid waste all as set forth in said Act 2 OWNER is the applicant for services as provided for by DISTRICT on real property currently being developed or proposed to be developed with improvements which will require sanitary sewer service as said property is described in Ex- hibit A attached hereto 3 DISTRICT policy is to annex OWNER S real property to DISTRICT resulting in the imposition of a user fee to generate a portion of the income needed by DISTRICT for its operation 4 DISTRICT has elected not to annex property to its jurisdiction where said property is not within the geographical limits or within the sphere of influence of the City of Costa Mesa 5 DISTRICT has found OWNER S property to be outside the City s boundary and sphere of influence and has determined that it will service OWNER S property by contract 6 Parties to THIS AGREEMENT desire to set forth their respective rights and obligations in connection therewith NOW THEREFORE, for and in consideration of the covenants herein contained performed and to be performed the parties hereto agree as follows I DISTRICT agrees to accept liquid waste for disposal from OWNER S collecting lines or laterals from CIWNER S property at a point in the public right-of-way designated by DISTRICT under the following terms and conditions II OWNER shall be obligated to construct maintain and replace collecting lines or laterals on its property which shall be done in accordance with applicable uniform plumbing codes and amendments and in accordance with ordinances and speci- fications of the DISTRICT DISTRICT Engineer shall have the right to inspect and approve plans and const -uction at OWNER S collecting lines and laterals before OWNER will be authorized to connect to DISTRICT facilities III Connection to DISTRICT mains in the public right-of-way shall be done at the cost of OWNER, under the supervision of DISTRICT Engineer and in accordance with DISTRICT ordinances and specifications a- a location or locations specified by DISTRICT -1- Iv OWNER agrees that no flammable liquids or hazardous wastes will be dis- charged as liquid waste into DISTRICT mains and that it will comply with any and all regulations of the Environmental Protection Agency regarding hazardous liquid waste and will comply with the requirements of the State Hazardous Waste Control Act of 1973 and amendments OWNER agrees to indemnify and hold DISTRICT harmless for any loss DISTRICT might incur by reason of flammables or hazardous wastes discharged by OWNER into DISTRICT mains V OWNER agrees to pay an annual charge to the DISTRICT in advance on the yearly anniversary dates of THIS AGMMINENT in accordance with a schedule attached hereto as Exhibit 'B' OWNER will be billed annually by DISTRICT and payment shall be due not later than fifteen (15) days from date of the billing All delinquent billings shall be charged five (5%) percent per month compounded until paid as a late payment penalty' VI OWNER may expand its facilities being served by DISTRICT and in that event the additional facility will be subject to the same formula of charges as set forth in Exhibit 'B' DISTRICT may increase its charges to OWNER from time to time as costs of service increase but DISTRICT agrees that such increases if any shall not be more often than once per year VII OWNER warrants and represents to DISTRICT that it is the owner of the prop- erty being served or if not the owner is legally in possession of the property and that it will obtain the consent of the owner to the terms of THIS AGREEMENT if DISTRICT requires OWNER agrees that it will advise subsequent purchasers of its business or of the property being served by THIS AGREEMENT of its existence and the subsequent purchaser s or owner s obligations hereunder VIII The term of THIS PGREQlENI' shall be until mutually terminated by the parties hereto or until breached by either party Any party having breached THIS AGREEMENT shall have fifteen (15) days in which to cure the breach IX All notice required to be given under THIS AGREEMENT shall be deemed given if mailed with prepaid postage or delivered personally to the parties hereto at the following addresses OWNER MARTIN AVIATION INC 19301 Campus Drive Santa Ana California 92707 DISTRICT COSTA MESA SANITARY DISTRICT 77 Fair Drive Costa Mesa California 92626 -2- X In the event of legal action including suit arbitration, administrative hearing or other legal proceedings the prevailing party shall be entitled to legal costs including reasonable attorneys fees to be determined by the presid- ing officer or judge in any of said proceedings XI THIS AGREEMENT supersedes any prior agreement with OWNER or its predecessor serving the same real property for sewer service IN WITNESS WHEREOF we have hereunto placed our hands and seals on the day and year first above written COSTA MESA SANITARY DISTRICT P :sident ATTEST Secretary, Assista OWNER MARTIN AVIATION INC By ;� • , . ' Title APPROVED AS TO FORM Ne�OSS�J At orney for TRICT -3- LEGAL DESCRIPTION PM 1121-223-1 PARCEL A JOHN WAYNE AIRPORT ( Lease Parcel ) That portion of Lot 140 , Block 6 of Irvine ' s Subdivision , in the County of Orange , State of California , as shown on a map recorded in Book 1 , page 88 of Micellaneous Maps in the office of the County Recorder of said County, described as follows Beginning at the southwesterly terminus of that certain course cited as having a bearing of 8 40°00 ' 00 'W and a length of 1760 00 feet in the deed to the County of Orange , recorded June 30 1958 in book 4332 , page 306 of Official Records in the office of said County Recorder ; thence N 40 °38 ' 38 "E , 725 94 feet along said certain course ; thence & 49°20 ' 50"E , 162 65 feet ; thence S 28 ° 48 ' 08"W , 720 86 feet ; thence N 61 °11 ' 52 "W , 99 73 feet ; thence N 49 °20 ' 11 "E , 212 98 feet to the point of beginning k APPROVED: a_fl_R 2 HAROLD I. OTT Right of Way Engineer EXHIBIT A Page 3. of 2 Fp ( \';" `ra ti;rl PJ 1/, 1 •1 S I', I 1.� P MK X11 / //1 / /"- It \,1 ,.y 1 r 1 1 It ■ 1 ( vfn 4 / / ho SI ,51 11 .1 V h a, Zo 6 0 ti. k9 `62 4 1_ , t,' S. 0° rl 3 .� 1 fog« S �I4e aVL `,P, 2 25 e o°�� 1 0 ,4 GDS A 4 ^(0, Cc 0 .• 9 1 ��� C a CI h I°� a P /0043 ,�/ Q L. a fx ITt /V, 4.9°20 �/4E 2/� CO 2/2.98 N. 6/° // 52"W 99 73' Page 2 of 2 EXHIBIT 'C COUNTY ENVIRONMENTAL NVIRONMENTAL MANAGEMENT AGENCY --- RIGHT OF I E A RIGHT OF WAY MAP — COMPILED FROM PUBLIC RECORDS WAY ENGINEERING in 4n, OWNER. MARTIN AVIATION INC 19301 Campus Drive Santa Ana Califonria 92707 ANNUAL CHARGE PER SQUARE FOOT $25 36 per 1 000 square feet NUMBER OF SQUARE lt,liN2 TO BE SERVED• Office & conmon area 9 960 sq ft FAA control tower 3 360 Aircraft storage hangar nil TOTAL sq ft 13 320 sq ft TOTAL ANNYAL CHARGE: ($25 36 x 13 32) = $337 80 EXHIBIT 'B'