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Contract - Rinker - 1969-08-29 1 A G R E E M E N T 2 THIS AGREEMENT made and entered into this 29th day of August 3 1969 by and between the COSTA MESA SANITARY DISTRICT hereinafter 4 called DISTRICT' and RINKER DEVELOPMENT CORP hereinafter caller 5 RINKER 6 W I T N E S S E T H T H A T 7 WHEREAS RINKER has constructed certain sanitary sewer lines 8 in the vicinity of Paularino Avenue and Bristol Street in connecti. n y with the construction of a Van de Kamp's Restaurant and 10 WHEREAS said sanitary sewer lines will also service other 11 properties at the time of their development and 12 f WHEREAS it is deemed fair and equitable that adjacent and 13 abutting properties to -said, sewer -facilities share in the cost 14 of construction of the same and 15 WHEREAS the parties hereto desire to set forth their rights 16 and liabilities in connection with the sharing of said constructio. 17 costs 18 NOW, THEREFORE for and in consideration of the covenants 19 herein contained, performed and to be performed the parties 20 hereto agree as follows 21 I 22 RINKER by this agreement relinquishes and dedicates the 23 entire sewer facility construction in connection with the 24 development of said Van de Kamp' s Restaurant 25 II 26 DISTRICT accepts said dedication and assumes the responsibili y 27 of maintenance operation upkeep and repair of said facilities 28 III 29 DISTRICT agrees to refuse hook up or tie in to said sewer 30 lines by those parcels of real estate numbered 1 through 7 in a 31 map attached hereto marked Exhibit A and by this specific 32 reference made a part hereof unless and until—the following -1- 1 payments are made 2 1 2 65 acres $2991 49 3 2 0 51 acres $ 575 73 4 3 0 11 acres $ 124 10 5 4 0 69 acres $ 778 92 6 5 0 38 acres $ 428 97 7 6 1 28 acres $1444 95 8 7 1 04 acres $1174 02 9 IV 10 DISTRICT and RINKER hereby acknowledge that Parcel 4 is the 11 parcel on which there haS been constructed a Van de Kamp's 12 Restaurant and that the payment in the amount of $778 92 need not 13 be made to the DISTRICT inasmuch as the entire line has been 14 dedicated to the DISTRICT 15 V 16 DISTRICT hereby reserves the right to assess a charge of 17 3% against each amount paid by any subsequent developer said 18 3% to cover the costs and expenses of administering this contract 19 on behalf of RINKER Funds provided for herein will be collected 20 prior to the date the permit is granted to tie into the line 21 subject to this agreement and the same less 3% administration 22 costs will be remitted to RINKER after voucher approval after 23 the regular meeting of the DISTRICT Board of Directors after 24 receipt of said funds 25 VI 26 This agreement shall be binding upon the successors in 27 interest of the parties hereto 28 DATED the day and year first above written 29 RINKER D £ 'Pi ' T CORP2 COSTA MESA S TARY DISTRICT �' r1 30 S2 / �---/�� BY2 7 Q� �" Presidents" 31 A BY 1 ( J A.(L 32 Secretary -2- s -p z i C 1 pi. C o Pi SCALE / '-zoo ti . -.. NOa. ..` a O 265 Ac .'? €' a o IooO o V I I \ I i9.SC 220' J O N O ' ® O f., M0.38,9 m 0.69gc. T I. //B 56 I 220 as 01 939.579.© (� h `L ttl /.28Ac. k 33798__ ‘.1 V CC h O I m / 4 AC, Z1 936.40 __ 6a TOTAL ACRES - 6.66 _ � �i J � t PAUc.AR/NO AYE i COSTA Al ES/9 SAN/>ARY o/ST Ric T EX /°i / a / 7- A c®s r q 'WES'/9, 09 Z.i,c 97/ 7 25-69 �Xh'/,t9./r /T