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Contract - Santana -1973-10-03 A G R E E M E N T THIS AGREEMENT' made and entered into this` 3rd day of October 1973 by and between the COSTA MESA SANITARY DISTRICT tF a a District formed under the Sanitary District Act of 1923 hereinafter called DISTRICT and SANTANA HELICOPTER SERVICE INC a California Corporation hereinafter called SANTANA W I T N E S S E T H T H A T WHEREAS Santana proposes to develop a helicopter training facility upon property belonging to the County of Orange and under the administration of the airport commission and WHEREAS Santana requests sanitary sewer service to said facility and WHEREAS District is a governmental agency organized and operating to provide said service and WHEREAS the parties hereto desire to set forth their rights and liabilities in connection herewith NOW THEREFORE for and in consideration of the covenants contained herein performed and to be performed the parties hereto agree as follows I This contract shall provide for the construction maintenance service and replacement of a sanitary sewer from existing District facilities on Airway Avenue in a generally southeasterly direction to the Orange County Airport property line and from there to the Santana facility and to the Federal Aviation Administration Tower located at the Orange County Airport all in accordance with plans specification prepared by John J Mullen and Associates Civil Engineers and Land Surveyors Inc when approved by the engineer for District and as set forth in a plan entitled Sewer Plan consisting of one sheet marked Exhibit A attached to this Agreement and by this specific reference made a part hereof and by a drawing consisting of - 1 - o one sheet entitled Plot and Paving Grading and Utility Plan marked Exhibit B attached to this Agreement and by this specific reference made a part hereof II It is understood and agreed by and between the parties hereto that construction of the aforesaid facilities including manholes and all other appurtenances thereto shall be by persons or entities other than District and shall be done in accordance with plans and specifications approved by the District Engineer III It is further understood• and agreed by and between the parties hereto that acquisition of the right of way from Airway Avenue a public thoroughfare southeasterly to the terminus of said facilities shall be by persons or entities other than District and that District shall be provided with proof of acquisition of right of way prior to or at the time of the granting of construction permits by the governmental agency having jurisdiction over said construction IV It is further understood and agreed by and between the parties hereto that Santana shall comply with Ordinance No 6 of the District and shall pay 'the seweage facilities use and connection fees described therein Santana shall pay or cause to be paid all other fees in connection therewith including but not necessarily limited to Orange County Sanitation District Acreage fees and District Inspection Permits and Fees if any Santana shall also be responsible for and shall obtain or cause to be obtained all necessary building and construction permits from any governmental agency having jurisdiction over said projects and shall obtain any permits necessary from the Coastal Conservation Commission if any and shall prepare or cause to be prepared and filed such Environmental Impact Reports as shall be required by any governmental agency having jurisdiction over the project - 2 - V It is further understood and agreed by and between the parties hereto that District shall be responsible for the maintenance , replacement and upkeep of only that portion of said sewer facilities which are installed in, public right of way or the 10 foot wide public utility easement shown on Exhibit A and that the maintenance, upkeep service and/or replacement of said line upon County property shall be by persons or entities other than District VI It is further understood and agreed by and between the parties hereto that there shall be an annual service fee which shall be in lieu of annexation to the District and the imposition of an Ad Valorum Tax, and that said service fee shall be in the amount of $50 00 per year payable in advance on July 1 of each calendar year the first payment which shall be made upon the execution of this Agreement VII It is further understood and agreed by and between the parties hereto that District has no interest or concern with any agreement between Santana and the County of Orange , with respect to the construction of said lines , reimbursement for said construction or service maintenance or replacement arrangements except that the same shall be in accordance with standard plans and specifications of District and shall be inspected and approved by District Engineer prior to acceptance and service tie-in to existing District facilities VIII It is further understood and agreed by and between the parties hereto that Santana will comply with all of the provi- sions of Chapter 1219 , 1972 California Legislative Session relating to shoring, trenching and shoring diagrams , in connection with the construction of the aforesaid facilities - 3 - IX This Agreement shall be subject to all Federal State and local laws and ordinances applicable thereto, and shall be binding upon the successors in. interest 'of either of the parties hereto 1 DATED on the day and year first above written COSTA MESA SANITAr`1 DISTRICT By �iv , ir7 � -� ATTEST By c LW' , Secretary SANTANA HELICOPTER SERVICE, INC • r