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Contract - Times - 1967-10-27 J, r 1 A G R E E M E N T 2 THIS AGREEMENT made and entered into this 2--7 day of 3 October 1967 by and between the COSTA MESA SANITARY DISTRICT., 4 a district organized under the District Act of 1923 hereinafter 5 called 'DISTRICT and THE TIMES MIRROR COMPANY, a California 6 corporation with its principal' offices in Los Angeles County 7 hereinafter called TIMES 8 W I T N E S S E T H 9 THAT WHEREAS the said TIMES is constructing and will 10 operate a printing plant within Orange County and contiguous 11 to the territorial limits of the DISTRICT and 12 WHEREAS said TIMES desires to be served with sanitary 13 sewers but does not desire the trash collection service which it 14 proposes to provide for itself and 15 WHEREAS the DISTRICT desires to provide said service 16 under the terms and conditions and for the considerations as 17 hereinafter set forth and 18 WHEREAS the parties hereto desire to establish their 19 rights duties and obligations with respect to •said sanitary 20 sewer service 21 NOW, THEREFORE for and in consideration of the covenants 22 herein contained performed and to be performed the parties 23 hereto agree as follows 24 I 25 The DISTRICT will provide whatever lines settling basins 26 pumping stations and other pertenances as are necessary to 27 provide sanitary sewer service to TIMES under the terms and 28 for the considerations as shall hereinafter appear 29 I I 30 TIMES agrees to pay for said service an amount of money 31 equal to ten cents per $100 00 assessed valuation as said 32 assessed valuation should be determined by the Assessor of the -1- J 1 County of Orange at the first tax appraisal made after said 2 plant has been completed and is in operation 3 III 4 It is understood and agreed that at the time that the 5 DISTRICT completes the formation of an assessment district for Times 6 trash collection that /.4$ /will annex its property to said / 7 DISTRICT upon the condition that there be no assessment under 8 said DISTRICT upon the TIMES for trash collection 9 It is further understood and agreed that the TIMES will 10 not call upon said DISTRICT to make trash collection and that 11 no obligation will arise under this contract or the subsequent 12 annexation for any trash collection from the TIMES by the 13 DISTRICT 14 IV 15 It is further understood and agreed that the DISTRICT 16 will construct all facilities to the property line of TIMES 17 and that the said TIMES shall be responsible for the constructio 18 of all lines and other sewer facilities upon its property site 19 TIMES agrees to coordinate its engineering and construction 20 of facilities and the establishment of out fall grades with the 21 Engineer for the DISTRICT DISTRICT shall have control and set 22 the grade to be established in its lines and in the lines of the 23 TIMES on its own property in the interest of constructing a 24 workable facility 25 v 26 DISTRICT agrees to provide for maintenance and upkeep 27 of its own system and to establish and maintain a facility of 28 sufficient size capacity and type to serve the plant to be 29 established by TIMES 30 TIMES agrees to maintain and keep up that portion of the 31 system on its own property it being further understood and 32 agreed that DISTRICT will maintain that portion of the line -2- 1 on TIMES property upon request from TIMES and DISTRICT reserves 2 the right to invoice TIMES for its reasonable costs in connectior 3 therewith 4 The parties hereto agree that in the event said TIMES 5 fails refuses or neglects to perform necessary maintenance 6 and upkeep on that portion of the sanitary sewer lines upon 7 their property DISTRICT may have and is hereby granted the 8 right to enter in over and upon said premises for the 9 purposes of performing whatever maintenance repair upkeep 10 or other service is necessary to maintain said facilities in the 11 proper state of repair so as not to constitute a hazard to the 12 health safety and general welfare of the public 13 VI 14 DISTRICT Engineer shall be supplied copies of the proposed 15 engineering drawings for that portion of the system upon TIMES 16 property and shall approve said plans as to size and capacity of 17 the system, grade type of materials and proposed methods of 18 construction prior to the time that said construction commences r 19 in order to insure a workable system. 20 VII 21 This agreement shall be in full force and effect for a 22 period of three (3) years unless during said three year period 23 the property of TIMES shall be annexed by the DISTRICT pursuant 24 to the terms heretofor set forth Said agreement shall be 25 renewed for successive three year periods under like terms and 26 conditions with consideration herefore to be negotiated at the 27 time of said renewal 28 VIII 29 The terms and conditions hereof shall be binding upon the 30 successors in interest of either of the parties hereto 31 ' 32 -3- A' 1 WITNESS our hands on the day and year first -above 2 written 3 THE TIMES MIRROR COMPANY 4 ,. Odr / Y�eG^ Pr-"ident 6 ATTEST, ^8 9 ;Sec tary .T easmrer 10 11 COSTA MESA SANITARY DISTRICT 12 13 BY President 14 ATTEST 15 16 BY 17 Secretary ' 18 19 20 21 22 23 24 , 25 26 27 28 29 30 31 32 -4- i