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Contract - Orange Coast - 1970-08-05 1 A G R E E M E N T C�9 Sus-us-r- 2 THIS AGREEMENT made and entered into this ,59 day of dune, 3 1970 by and between the COSTA MESA SANITARY DISTRICT a district 4 formed under the Sanitary District Act of 1923 hereinafter called 5 'SANITARY DISTRICT and ORANGE COAST JUNIOR COLLEGE DISTRICT a 6 college district organized and existing under the laws of Californi- 7 hereinafter called COLLEGE DISTRICT 8 W I T N E S S E T H T H A T 9 WHEREAS COLLEGE DISTRICT and its agent or agents a general 10 contractor have constructed a six-inch vitrified clay pipe sewer 11 line from their newly constructed Administration building at the 12 intersection of Adams Street and S Street on the college property; 13 and 14 WHEREAS, said sewer line connects with the facilities of 15 SANITARY DISTRICT said line having been constructed without permit 16 and without SANITARY DISTRICT approval or inspection and 17 WHEREAS said line has been fully covered and backfilled and 18 is not now practicably presentable for inspection and 19 WHEREAS, SANITARY DISTRICT now demands an indemnity for its 20 protection by reason of faulty construction or failure to follow 21 SANITARY DISTRICT specifications and 22 WHEREAS the parties hereto desire to set forth their rights 23 and liabilities in connection with this matter 24 NOW, THEREFORE, for and in consideration of the covenants 25 herein contained performed and to be performed the parties 26 hereto agree as follows 27 I 28 The SANITARY DISTRICT by this agreement authorizes COLLEGE 29 DISTRICT to connect to its sewer service lines and to discharge 30 effluent into said system under the following conditions 31' '• II 32 1 COLLEGE DISTRICT by this agreement does hereby warrant and 1 agree that it will indemnify and hold harmless SANITARY DISTRICT 2 from any and all claims for damages of whatever sort or nature 3 which may arise by reason of any failure of COLLEGE DISTRICT to 4 comply with SANITARY DISTRICT standard specifications or for any 5 negligent construction or for any latent or patent defects not now 6 known to the parties hereto but which may at any future date result 7 in damage to persons or properties of others and for which SANITARY 8 DISTRICT may be legally held liable in damages 9 III 10 SANITARY DISTRICT makes no warranty to COLLEGE DISTRICT as 11 to the fitness of purpose of the line or lines constructed by 12 COLLEGE DISTRICT or their agents without the inspection or 13 supervision of SANITARY DISTRICT S engineer and SANITARY DISTRICT 14 further disclaims any and all responsibility or liability for the 15 quality of engineering or construction produced in connection with 16 said line 17 IV 18 Time is of the essence in connection with this agreement and 19 the same shall be binding upon the successors in interest of either 20 of the respective districts which are a party hereto The sewer 21 lateral subject to this agreement may not be put into operation 22 for other than testing purposes until this agreement has been fully 23 executed by both parties 24 -DATED on the day and year first above writte ■ 257 ' TTES / COSTA MESA SANI: ' : .. 26- By -T i�-tLk i0 . �t K-, By--'` - - Secretary I Chairman 27 28 'TTEST ORA AT COAST sr. COLLEGE DISTRICT 29 Byrn/�.i t! — c9 By fr- 4... 30 Secretary / Presid- .,t 31 1/ 32 -2-