Contract - Newport Mesa - 1965-09-17 3'
AGREEMENT
TH iS AGREEMENT made and entered into the day- and
year hereinafter set forth, by and between the COSTA MESA
SANITARY DISTRICT, Orange County, California, hereinafter
referred to as '"DISTRICT^ and the COSTA MESA UNION SCHOOL
DISTRICT, hereinafter referred to is "SCHOOL'!
WITNESSETH.
WHEREAS, School proposes' to complete construction
upon the school to be known as theBea. t School on Bear
Street; and
WHEREAS, School requires sewer facilities for said
school,, necessitating an easement for sewer .purposes .over
the hereinafter described property; and
WHEREAS, District, in consideration of the payment
to be made. -by School as herein set forth, agrees to condemn
said right of way for sewer purposes and to obtain imme-
diate possession thereof
NOW, THEREFORE, the parties hereto mutually agree
as fellows:-
1 District agrees that it shall, immediately-
upon- the execution of this agreement, file its action in
Eminent Domain to acquire the hereinafter described ,ease-
ments for sewer purposes .and to obtain immediate possession
2 District further agrees that upon obtaining
immediate possession of said rights of way, it will, and
-by this agreement does, authorize School to enter into
said rights: of way for the purpose of constructing therein
a sewer main and appurtenances as approved by District
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S. School agrees that upon the ascertainment of
District of the amount of deposit necessary to secure
immediate possession that it will .pay to District said sue
for said purpose.
4. School further agrees that it will pay to District
the entire cost of the acquisition of said rights of way,
hereinafter set forth, at the time the costs thereof are
ascertained, either by negotiation or by Court Decree.
S. School further agrees that in the completion
of said sewer main and appurtenances, installed by School
in said rights of way, that .said sewer mains and appurtenances
shall become the property of District.
6. It is further agreed that the consideration for
the payment by School for said sewer rights of way, and for
the payment of the sewer main and appurtenances, District
hereby agrees that for a period -of fifteen (1Sy years from
the date of this agreement, it will not allow any person
to use or to connect to said sewer 'main, located in the
hereinafter described sewer right of way, until such person
or persons have paid to School the pro-rata .share of the
cost of right of way acquisition and the cost of the instal-
lation of the sewer main and appurtenances. School shall
furnish to the engineer for District the amount of said cost
and the engineer for District is hereby authorized to then
determine the pro-rata share for each person seeking to
connect to said sewer main.
IN WIImSs WUERSW the parties hereto have fixed
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their signatures the 17th day of Septemher, 1965
COSTA, MESA UNIW SCHOOL DISTRICT COSTA, MESA SANITARY DISTRICT,
Orang C ty, California
As)s, a 4i BY /4r iQit� P/G/�
-real • ,, n • ' us ees re* n�
'By i f_`_"_ ATTt
acre asy� . r. o us sea ./
*Secretary. •
SCHOOL DISTRICT
APPROVED AS TO .FORM
ADRIAN . UVPEtR, tr.)unty'Coaus
ORANC .COUNTY •C. !;z�RNI
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BY ' Deputy
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