Contract - Pemba - 1962-02-07 •
A G R E E M E N
THIS AGREEMENT. made and entered into this 2
_day of
February, 1962, by and between Pemba-Sub-dividers, Inc ,, and
Lincoln Savings and Loan Association, hereinafter called "PARTY
OF THE FIRST PART," and Costa Mesa Sanitary District, Orange
County, California, hereinafter called "PARTY OF THE SECOND PART;"
W I T N E S ,S E T H
WHEREAS, Party of the First Part is proposing to subdivide
certain parcels of land within the boundaries of the Costa Mesa
Sanitary .District adjacent to and northerly of Adams Street and
easterly of the Santa. Ana River, and
WHEREAS, Party of the First Part proposes to install along
said Adams Street a force sewer 'main and pump station from the 4
westerly portion of Tract 4349 easterly to Mesa Verde Drive, and
WHEREAS, said force sewer main and pump station is to be
built to the specifications of Patty of the Second Part and is of
larger size than necessary for the use of Party of the First Part
and will have the capacity to serve., in addition to the land of
Party of the First Part, other lands situated south of Adams Street
as shown on a map attached hereto and made a part hereof, and marked
Exhibit "A," and
WHEREAS, Party of the First Part desires to dedicate said
force sewer main and pump station to party of the Second Part on
the condition that District will not allow. any person to connect
to said above described force sewer main without paying to Party
of the First Part the pro-rata share of the cost of the construction
of said force sewer main .,, based upon the formula established by
the Engineer for Party of the Second Part as hereinafter set forth, an
WHEREAS, Party of the Second Part deems it to be to the
best interests of the Costa Mesa Sanitary District to accept the
dedication of the above described force sewer main and pump station
on the condition above set forth
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NOW, THEREFORE, sit is mutually agreed between the. parties
hereto. as follows
1 Party of the First Part shall install at their own cost
and expense a force ,sewer main and pump station according to
specifications of the Engineer -of the Costa Mesa Sanitary District
along Adams Street, from the Westerly portion of Tract 4349
easterly to Mesa Verde- Drive as shown on the plans and specifica-
tions on file in the Office of the Engineer for Costa Mesa Sanitary
`' District
2- In -consideration for the installation of said force
sewer main and pump station by Party of the First Part and its
dedication to Party of the Second Part, Party of the Second Part
hereby agrees that for a period of ten ( 10) years from the date
hereof it will not -allow any person, to use of connect to said force
sewer main until such person has paid to Party of ttz First Part
the pro-rata share of the cost of the installation thereof pursuant
to the following formula, to Wit, the total .actual cost of the
installation of said force sewer main and pump station as described
in Exhibit "A" divided by 166 acres ' The sum so arrived at shall be
the cost per acre to any person within the boundaries designated
in green on Exhibit "A" excepting the •site designated Grammar School
and the site designated Park which areas shall not be charged for
connecting. to' sai-d force sewer main. The written statement of Party
of the First Part that such person. has paid such pro-rata share shall
authorize Party of the- Second Part to allow such- person to connect and
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use said force sewer main 'and pump station
IN WITNESS WHEREOF, the parties hereto have affixed their
signatures. the day and year first above written
PEMB`A S0B-DIVIDERS; GINC
By r
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CCSTA' 'MES SANITARY DISTRICT
LINCOLN SAVING & LCAN ASSCC TION
BY AliOr -' .' r 4- /)' c�. .t— (�s
. Y eG L'
A�-.. - R . 1. .. ,
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PARTY OF THE S•' OND PART PARTY OF THE FIRST PART