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Contract - OC Sanitation - 1984-11-14 AGREEMENT FOR COLLECTION OF SEWER CONNECTION CHARGES THIS AGREEMENT, is made and entered into this 14th day of November , 1984 , by and between the Costa Mesa Sanitary District, a public corporation, hereinafter called "CMSD" , and the County Sanitation District No 1 of Orange County, California, hereinafter called "District"- W I T N E S S E T H WHEREAS , District has by the enactment of Ordinance No 105 established a schedule of sewer connection charges and WHEREAS , a portion of the territory of the District is within the boundaries of CMSD and WHEREAS , the CMSD regulates all connections to its sewerage facilities and its sewerage facilities are connected to those of the District; and WHEREAS , it is for the mutual benefit of CMSD and District that the sewer connection charges provided for in said Ordinance No 105 of the District be collected in a manner most expedient and least burdensome on the owners of property within the CMSD; and WHEREAS , the CMSD will benefit by the construction and maintenance of sewerage facilities of the District within the boundaries of CMSD by District from the funds to be collected from said sewer connection charges NOW, THEREFORE, it is mutually agreed as follows -1- Section 1 CMSD as agent will and does hereby agree to issue permits and collect the charges established by District under said Ordinance No 105 , as amended from time to time Section 2 District shall prescribe those classifications of charges to be collected by CMSD Section 3 CMSD will account for the charges collected and remit to District monthly the monies so collected, except as provided in Section 6 hereof Section 4 Procedures mutually agreeable to CMSD and District shalt be established for collection and remittance of said fees Section 5 District does hereby appoint and nominate CMSD and its agents and employees (as the same may be designated by CMSD) , as agents of the District for the purpose of issuing permits and determining and collecting the sewer connection charges established under Ordinance No 105 , as amended This does not authorize CMSD to act as agent for the General Manager or to perform the duties of the General Manager of the District as set forth and established in said Ordinance No 105 , as amended, except as expressly set forth in this Agreement Section 6 CMSD agrees to act as agent for District as herein provided for a fee equal to five percent (5%) of the fees collected by CMSD for permits issued pursuant to the provisions of this agreement, and District agrees to pay said fee monthly Said five percent (5%) fee of CMSD shall be deducted from the charges collected by CMSD and the balance remitted to District pursuant to Section 3 herein -2- Section 7 If CMSD is presented with a dispute as to the validity, reasonableness, enforcibiIity, or applicability of the charges agreed to be collected by it for District, CMSD shall notify District of the problem and District shall take over the collection and enforcement of its ordinances in subject cases It is contemplated that this shall be the procedure for serious disputes made upon some valid legal right or basis Section 8 CMSD shall not be liable to District for its unintentional and inadvertent failure to collect a connection charge actually due District or its unintentional or inadvertent miscalculation of the amount of the charges, fee, or fees due District Section 9 District hereby agrees to hold CMSD free and harmless of any and all liability that might arise if any such fees collected by CMSD shall be determined to have been illegally collected District further agrees to hold the CMSD harmless from any Iiability which may accrue as a result of failure of the District to provide sewer services or capacity to any party who applies to the City for connections under the Agreement Section 10 District agrees to provide legal services in the defense of any action seeking to collect sewer connection fees alleged to have been illegally collected Section 11 It is agreed that at the request of either party hereto, formal renegotiation of this agreement shall be made at two-year intervals from the effective date hereof Section 12 This agreement may be terminated by either party giving a 180-day written notice to the other party designating a -3- termination date, which date shall be the first day of a calendar month Section 13 This agreement shall become effective on the 1st day of January , 1985 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written COSTA MESA SANITARY DISTRICT a public corporation t y �l').Qd \ i�1 ��?" 1\A,1. resident ' By iyu ,L.•) �_Gc� ��c) Secretary/Clerk DISTRICT COUNTY SANITATION DISTRICT NO 1 of Orange County, California, a public corporation APPROVED AS TO FORM By e ,,,/ C airman, Board of Directors Au/c71:711-"W THOMAS L. WOODRUFF GENERAL COUNSEL By raf A Secretary, Board o rectors APPROVED AS TO FORM AND LEGALITY Di tr c' s Geera1 Counsel -4-