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Contract - SCP - 1969-07-01 f. • L A G R E E M E N T THIS AGREEMENT, made and entered into this /57 day of , 1969 , by and between the COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY, California, hereinafter called "DISTRICT," and SOUTH COAST PLAZA, a California Partnership , hereinafter called "PLAZA." W I T N E S S E T H T H A T . In the development of South Coast Plaza Shopping Center a sewer pumping station was constructed upon PLAZA' s property at the sole cost of PLAZA; and WHEREAS, said pumping station was not included in the right of way of South Coast Plaza Shopping Center nor was it offered for dedication nor was dedication accepted; and WHEREAS , an inspection of said pumping station indicates that the same does not meet the specifications of DISTRICT; and WHEREAS , PLAZA desires to have DISTRICT take over the opera- tion, maintenance and upkeep of said pumping station , and WHEREAS , DISTRICT desires to assume said obligation under terms and conditions as are hereinafter set forth; and WHEREAS , the parties hereto desire to set forth their rights and liabilities in connection therewith. NOW, THEREFORE , for and in consideration of the covenants herein contained , performed and to be performed, the parties hereto agree as follows . I DISTRICT accepts dedication of the aforementioned pumping station and agrees to take over the maintenance , operation and upkeep of the same under the following terms and conditions -1- r' II PLAZA agrees to make the necessary immediate additions of equipment on said pumping station as required by the District Engineer in order to make said pumping station conform with the uniform coupling , fittings and tool applications of the remaining stations within the DISTRICT, as set forth in Exhibit "A" attached hereto and by this specific reference made a part hereof III It is understood and agreed that certain other improvements are necessary at said pumping station to bring the same within the minimum standard specifications of DISTRICT and that said improvements will be made by PLAZA as and if needed as shall be determined by circumstances and the District Engineer but in no event later than ten (10) years from the date of this agreement. Said improvements consist of , but not necessarily limited to, pumps , motors , pumping station structure , usable wet well capacity, valves , fittings , switches , motor controls and actuators. Replacement of any items conforming to standard Costa Mesa Sanitary District items are understood to be on a one time basis. IV PLAZA agrees to dedicate to DISTRICT such easement and right of way as is necessary for the location of said pumping station in such form as shall be approved by District Engineer, the legal description and map of which are marked Exhibit "B" attached hereto and by this specific reference made a part hereof. V It is understood and agreed that no additional capacity over and above that which is presently tied to this pumping station will be added without the express permission, in writing, of the DISTRICT. -2- 1. It is understood and agreed that said capacity as now calculated includes certain buildings and shops connected to the system but presently are unoccupied by PLAZA tenants. VI This agreement shall be binding upon the successors in interest of the parties hereto. DATED the year and day first above mentioned. COSTA MESA SANITARY DISTRICT OF SOUTH OAST PLAZA, ORAN. COUNTY, CALIF NIA A Ca i. orni . ' artner:hip By By .id A . . President • * -+ tner $ By milli ecretary -3- EXHIBIT "A" Plaza shall accomplish the following items of work in accordance with the requirements of the District Engineer• 1. To prevent structural concrete deterioration an approved protective coating shall be applied to the interior of the wet well 2. An approved type high water alarm device shall be installed in the wet wall including transmitting and receiving equipment compatible with the District's alarm system for operation over leased telephone lines. 3. The pumping station shall be connected to a separately metered source of electrical power. 4. An approved emergency by-pass pumping connection shall be installed in the discharge pipe line 6/25/69 Exhibit "B" LEGAL DESCRIPTION EASEMENT FOR SEWAGE PUMP STATION A parcel of land lying within Section 35 , Township 5 South , Range 10 West , S. B 6 M. , in the land allotted to James McFadden , in decree of partition of the Rancho Santiago de Santa Ana , recorded in Book "B" of Judgments of the 17th Judicial District Court of Los Angeles County, in the City of Costa Mesa, County of Orange, more particularly described as follows - Beginning at the intersection of the center line of Sunflower Avenue with the center line of Bristol Street, as said intersection is described in a deed of right of way, recorded February 21 , 1952 in book 2290 , page 510 of Official Records , thence South along the center line of. Bristol Street , 1420 00 feet ; thence West 1004 . 00 feet to the true point of beginning, said point being North 30° 00 ' 00" East, 3 00 feet from the center of an existing sewage pumping station wet well manhole ; thence South 60° 00 ' 00" East , 6 00 feet ; thence South 30° 00 ' 00" West , 22. 00 feet , thence North 60° 00 ' 00" West , 12 .00 feet , thence North 30° 00 ' 00" East , 22 00 feet ; thence South 60° 00 ' 00" East , 6 . 00 feet to the true point of beginning 6/24/69 SUNFLOWER AVENUE 0, it) 4 , hl t1 S 600400E 60 WEST /00-100 41 0 o° r N ` S 60°00 00 E 6 00 :( OD p� m o 00 0 o° °00 c' o°2v SKETCH SHCWING EASEMENT FOR SELVAGE PUMP STATION IN SECT/ON 3522 T 5 S, R /O W COSTA MESA , C.AL_/FORN/A DONALD E STEVENS INC 116 EAST 18TH STREET CIVIL ENGINEER COSTA MESA, CALIF 92627 R C E 11066 (714)646-8915 DATE SCALE FIELD BOOK JOB NO JUNE 23, /969 / = /0 ' - CMSD Misc