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Contract - Mobil - 1983-01-13 AGREEMENT THIS AGREEMENT, made and entered into this 13th day of January 1983 _ by and between the COSTA MESA SANITARY DISTRICT a district formed and existing under and by virtue of the Sanitary District Act of 1923 hereinafter called DISTRICT and MOBIL OIL CORPORATION a corporation hereinafter called MOBIL WITNESSETH THAT WHEREAS MOBIL is a mineral operator under a mineral lease which said lease will expire in 1994 otherwise designated as the Banning lease all as described in a plat and legal description attached to this AGREE- MENT and by this specific reference made a part hereof and WHEREAS MOBIL has requested sanitary sewer service from DISTRICT for the transportation and disposal of liquid waste through DISTRICT s facilities; and WHEREAS DISTRICT has in the past required annexation to the DIS- TRICT and the annual payment of certain plumbing fixture fees as a condi- tion to the providing of sanitary sewer service as aforesaid; and WHEREAS because of the nature o_f MOBIL's operation and its estate in land annexation and the imposition of annual plumbing fixture fees is not practical nor warranted and WHEREAS, the DISTRICT and MOBIL as an alternative to annexation and annual plumbing fixture charges desire to fix a one-time charge on sanitary sewer services from the date of this AGREEMENT to 1994 and WHEREAS, the parties hereto desire to set forth their rights and obligations in connection herewith; NOW THEREFORE for and in consideration of the covenants herein contained performed and to be performed the parties hereto agree as follows I It is understood and agreed by and between the parties hereto that construction of laterals to the public right-of-way and construction in the public right-of-way to the DISTRICT's facilities at or near the inter- section of 17th Street and Whittier Avenue in the City of Costa Mesa, California and all other appurtenances in connection therewith shall be by persons or entities other than the DISTRICT and shall be done in accordance with plans and specifications approved by the DISTRICT Engineer and in accordance with all laws regulations building, plumbing and electrical codes of whatever kind and nature and wherever applicable -1- a II MOBIL warrants that it has by its oil and gas lease or by other right, the necessary right-of-way for construction of sewer laterals on private property and that it will obtain the necessary permits from the City of Costa Mesa before construction in the public streets III It is further understood and agreed by and between the parties here that annexation to the COSTA MESA SANITARY DISTRICT shall not be necessary and that MOBIL shall not be obligated to comply with Ordinances 6 and 7 of the DISTRICT requiring annual payment of fees for sanitary sewer service but in lieu thereof shall pay the sum of Seven Hundred ($700 00) Dollars to the DISTRICT, which said sum shall provide MOBIL with sanitary sewer services from date hereof to the termination of MOBIL's oil and gas lease in the year 1994 Thereafter should the oil and gas lease referred to herein be extended for another period of years, this AGREEMENT may be extended to meet said new period of years, provided however that DISTRICT reserves the right to set the fee to be charged at that time in accordance with regulation of the DISTRICT pre- vailing at that time relating to sanitary sewer service charges IV It is understood and agreed by and between the parties hereto that the cost of maintenance replacement, repair and upkeep and depreciation of that portion of the sanitary sewer facilities on private property shall be that of MOBIL and that upon completion and acceptance by the DISTRICT Engineer that portion of the sewer construction in the public right-of-way shall be dedicated to the DISTRICT and DISTRICT shall at that point, assume the obligation of maintenance, replacement, repair and upkeep of that portion of the facility in the public right-of-way It is further understood and agreed by and between the parties hereto that MOBIL, or its contractor, shall comply with all of the provisions of Section 6500 through 6707 of the Labor Code relating to safe place to work and Section 4215 of the Government Code relating to shoring require- ments for excavation, and such other laws and regulations as are appli- cable federal state and local , to the construction of said facilities V This AGREEMENT shall terminate at the expiration date of the mineral lease in 1994, subject to extension as heretofore set forth VI This AGREEMENT shall be binding upon the successors in interest of either of the parties hereto -2- ti DATED on the day and year first above written COSTA MESA SANITARY DISTRICT ebt_.'1) El •resi •en ATTEST Secretary MOBIL OIL CORPORATION By W1t/( / ATTEST MOBIL OIL CORPORATION By Y J Q/ Attorney-in- ct -3- ■ ?73111rHM i o Z Y 1 0 C 0 O Ire,— 43 1 Cif e- Z :l ~ , N ,.� N N TI- -3 . /4 0 (2) T 1/4,.o. j ik) fir r` c` (v�y11 ti, if\4 w 0 < c ti° = T ^.\, oo J it 0 W a N Qi i C rr I. < F r, MOM eel% Q W w 1• N N C7 h e r C O -�O u. 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