Contract - OC Sanitation - 1977-08-05 1 AGREEMENT POR COLLECTION OF SEATER CONNECTION
CHARGES--COUNTY SANITATION DISTRICT NO 7
2
3 THIS AGREEMENT made and entered into this 1/5 day of
4 1977 by and between Costa Mesa Sanitary
5 District of Orange County California hereinafter called
6 Sanitary District and Count, Sanitation District No 7 of
7 Orange County California hereinafter called 'District
8 W I T N E S S E T H
9 WHEREAS District has by the enactment of Ordinance No 705
10 as amended established a schedule of sewer connection charges
11 and
12 TAT REAS all or a portion of the improved territory of the
15 District is within the limits of the Sanitary District and
14 WHEREAS the Sanitary District by and through its engT -
15 neering department regulates all new construction within the
16 Sanitary District and
17 WESREAS it is for the mutual benefit of Sanitary District
18 and District that the sewer connection c''larces pro ided for in
19 said Ordinance No 705 as amended of the District be collected
20 in a manner most e.-pedient and least burdensome on the owners
21 of property within the Sanitary District and
22 WHEREAS tre Sanitar\ Di=tract 'ill benefit by the con_
23
struc ion and mc._r tenanCe of se .rage facilities of the 1715tr.a.Ct
24 within the limits of Sanitary Distr_ct b' District from the
25 funds to be collected from said seer connection c _rtes and
26 Vt R=aS Sanrtar} District cL ana D_sLrict ha e heretofore
27 or the `n _ _ o= Lc r3 enre _n ee-e .+ °
_ _ G_
28 the collection of District =e' er funds and the cart es heieto
29 '
j ha 'e a; cad to _- _-_ _3__ cuntracu f_ ..f cE _ c_ -
30 � here_n
31 NO; THEREFORE it is mutually agreed as follo- •s
52 1 Sanitary District and District for and in ccns:der=:t10
r
1 of the payments which have already been made upon said original
2 contract and for and in consideration of the further covenants
3 and agreements herein set forth now agree that this Agreement
4 shall be substituted in place of and instead of said original
5 agreement
6 2 Sanitary District as agent will and does hereby agree
7 to issue permits and collect the charges established by
8 District under said Ordinance No 705 as amended from time
9 to time
10 3 District shall prescribe those classifications of
11 charges to be collected by Sanitary District
12 4 Sanitary District will account for the charges col-
13 lected and remit to District monthly the monies so collected
14 except as provided in Section 7 hereof
15 5 Procedures mutually agreeable to Sanitary District
16 and District shall be established for collection and remit-
17 tance of said fees
18 6 District does hereby appoint and nominate Sanitary
19 District and its agents and employees as the same may be
20 designated by Sanitary District as agents of the District for
21 the purpose of issuing permits and determining and collecting
22 the sewer connection charges established under Ordinance No
23 705 This does not authorize Sanitary District to act as
24 agent for the General Manager or to perform the duties of the
25 General Manager of the District except as expressly set forth
26 in this Agreement
27 7 Sanitary District agrees to act as agent for District
28 as herein provided for a fee which is equal to five (5%) per-
29 cent of the fees collected by Sanitary District for permits
30 issued pursuant to the provisions of this Agreement Said
31 five (5%) percent fee of Sanitary District shall be deducted
32 from the charges collected by Sanitary District and remitted
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f
1 to District pursuant to Section 4 herein
2 8 Sanitary District agrees to prepare and submit to
3 District a detailed accounting statement of the fees collected
4 and the interest earned thereon through the effective date of
5 this Agreement under the previous agreement executed on the
6 6th day of March 1963 and agrees to pay that sum to
7 District within thirty (30) days after the effective date of
8 this Agreement
9 9 District agrees to pay Sanitary District a sum equal
10 to five (5%) percent of the fees collected under that pre-
11 vious agreement executed on the 6th day of March 1963 as
12 reimbursement for costs expended by Sanitary District Sant-
13 tary District may deduct said five (5%) percent from payment
14 provided for under Section 8 hereof
15 10 District and Sanitary District agree that if the
16 Sanitary District is presented with a dispute as to the
17 val , d, ti reasonableness enforclbility or applicability of
18 the charges agreed to be collected by it for the District the
19 Sanitary District shall notify the District of the problem and
20 the District shall take over the collection and enforcement
21 of its ordinances in subject cases It is contemplated that
22 this shall be the procedure for serious disputes made upon some
23 current legal right or basis as distinguished from crank-type
24 or ill-founded disagreements
25 11 Sanitary District shall not be liable to the District
26 for its unintentional and inadvertent failure to collect a
27 connection charge actually due District or its unintentional
28 or inadvertent miscalculation of the amount of the charges
29 fee or fees due District
30 12 District hereby agrees to hold Sanitary District free
31 and harmless of any and all liability that might arise if any
32 such fees collected by the Sanitary District shall be determined
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1 to have been illegally collected
2 13 District agrees to provide legal services in the
3 defense of any action seeking to collect sewer connection fees
4 alleged to have been illegally collected
5 14 It is agreed that at the request of either party
6 hereto, formal renegotiation of this Agreement shall be made
7 at two years from the effective date hereof
8 15 This Agreement may be terminated by either party
9 giving 180 days written notice to the other party designating
10 a termination date which date shall be the first day of a
11 calendar month
12 16 This Agreement shall become effective September 1
13 1977
14 IN WITNESS WHEREOF the parties hereto have executed this
15 Agreement the day and year first above written
16
17 COSTA MESA SANITARY DISTRICT OF
ORANGE COUNTY CAL ORNIA a
18 public corporation
19 By ■INk
20 c_I ���
By I G�
21 APPROVED AS TO FORM
22
23 COUNTY SANITATION DISTRICT NO 7 OF
ORANGE COUNTY ,CALIFORNIA a public
24 *corporation
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