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Home My WebLink AboutResolution 1966 - 0121RESOLUTION NO.66-121-6 APPROVING LICENSE AGREEMENT FOR JOINT USE OF SEWER EASEMENT A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.6,OF ORANGE COUNTY,CALIFORNIA,APPROVING AND AUTHORIZ ING EXECUTION OF A LICENSE AGREEMENT WITH COUNTY FAIR GOLF COURSE,INC.,FOR JOINT USE OF SEWER EASEMENT The Board of Directors of County Sanitation District No.6,of Orange County,California, DOES HEREBY RESOLVE,DETERMINE AND ORDER: Section 1 That the certain “License Agreement for Joint Use of Sewer Easement”dated September 20,1966,between the District and County Fair Golf Course,Inc.,providing for joint use of an easement on real property owned by Thirty-Second District Agricultural Association,is hereby approved and accepted;and, Section 2 That the Chairman and the Secretary be authorized and directed to execute said License Agreement on behalf of the District. STArrE OF CALIFORNIA SS. COUNTY OF ORANGE I,FRED A.HARPER,Secretary of the Board of Directors of County Sanitation District No.6 , of Orange County,Cali fornia,do hereby certify that the above and foregoing Resolution No.66_121_6 was regularly passed and adopted at an adjourned regular meeting of said Board on the 21st day of September 1966 ,by the following vote,to wit: AYES:Directors Porter (Chairman),Gruber and Allen NOES:None ABSENT:None IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.6 ,of Orange County,California,this 21st day of September ,1966 Fred A.Harper,Secretary, Board of Directors of County Sanitation District No.6 ,of Orange County, California #t}'' .,, LICENSE AGREEMENT FOR JOINT USE OF SEWER EASEMENT (County Sanitation District No. 6 and County Fair Golf Course, Inc.) THIS AGREEMENT made on the 21st day of September, 1966 by and between COUNTY SANITATION DISTRICT NO. 6 of Orange County, California, a public corporation, hereinafter called "DISTRICT", and COUNTY FAIR GOLF COURSE, INC., a Nevada corporation, hereinafter called "GOLF", W I T N E S S E T H: WHEREAS, District is the owner of a certain sewer easement described hereinafter in which is operated and maintained an 18- inch vitrified clay pipe trunk sewer serving a portion of the territory of District, and WHEREAS, said easement is described as follows: Beginning at a point on the center line inter- section of Old Santa Ana Road and Wilson Street, thence in a Northerly direction along the center line of Old Santa Ana Road 3398.10 feet to a point, thence South 89° 51' East for a distance of 38.00 feet to the true point of beginning, thence North 23° 57' East for a distance of 1339.67 feet, thence South 66° 03' East for a distance of 10.00 feet, thence South 23° 57' West for a distance of 1362.34 feet, thence North o0 9' East for a distance of 24.78 feet to the true point of beginning. WHEREAS, the owner of the property through which said sewer easement runs is the Thirty-Second District Agricultural Association, an agency of the State of California, and WHEREAS, Golf has leased from said Thirty-Second District Agricultural Association a portion of the property owned by said Association and intends thereon to construct and maintain a public golf course, and WHEREAS, inasmuch as said trunk sewer and sewer easement will run diagonally through said golf course, it is in the best public interest and to the mutual advantage of both parties to enter into this license agreement to establish the rights of both parties to the use of said easement. NOW, THEREFORE, in consideration of the mutual convenants set forth and the mutual benefits to be derived by this license agreement it is agreed as follows: l. Golf acknowledges and will strictly comply with the terms of the sewer easement owned by District and recorded on December 30, 1952, in Book 2429, Page 599, Official Records of Orange County, California. In this connection Golf acknowledges the prior rights of District to use the easement area and to construct and maintain public sewers and appurtenances therein and that in so doing District shall not become liable to Golf for any interference in the conduct of Golf's business or its maintenance or operation of its golf course. 2. District will permit and approve the construction and establishment of a golf course overlying said sewer easement sub- ject to the terms and conditions described hereinafter. 3. Golf will be responsible for damage to trunk sewer of District during the construction and operation of said golf course and will upon demand repair any damage to said trunk sewer at its own expense or reimburse District for damages repaired by District. Golf shall furnish to District, evidence that it (or its agents, if any), is insured by an insurance company acceptable to the District for property damage in the amount of $25,000 for any one occurrence. 4. Golf will construct and maintain said golf course in a manner so that all existing and future sewer manholes are located on dry ground where 24-hour access is readily available thereto by -2- District's normal maintenance equipment. 5. If a fence is constructed at any point or points over said sewer easement by Golf, it will install therein a suitable gate approved by District at each such point to allow access of District's normal maintenance equipment during emergencies outside of normal golf course hours. 6. Golf warrants hereby that if any ponds or lakes are con- structed or maintained over the trunk sewer that no water therefrom will enter said trunk sewer either by normal infiltration or by planned discharge thereto. If District determines that any such water is entering said trunk sewer in any manner, Golf will, upon demand, within 24 hours commence and within seven days complete repairs or take other measures to correct the discharge or intru- sion of water to said sewer. Golf further agrees that it will pay the sum of $100 per million gallons, as measured by District, for any such water inadvertently or otherwise discharged into said sewer. 7. This license agreement may be terminated by either party on written notice thereof, said termination to become effective 180 days after said notice. All notices to be given in connection with this agreement may be deemed to have been given by placing in the United States Mail (first class postage), a prepaid letter con- taining any such notice addressed as follows: District: Golf: County Sanitation District No. 6 of Orange County P. 0. Box 5175 Fountain Valley, California 92708 County Fair Golf Course, Inc. 150 Fair Drive Costa Mesa, California -3- IN WITNESS WHEREOF, each of the parties hereto have caused this agreement to be executed by its officers thereunto duly autho- rized on the date first above written. COUNTY SANITATION DISTRICT NO. 6, of Orange County, California, a public corporation By~~~.....,.~--~..,,....--_,....-.,.........,,,_....,,...,,.....-.,..~_,....-.,..~ Chairman, Board of Directors By~-,..--~~--~~..,,_----~ ....... ,,.....----~~--~ Secretary, Board of Directors COUNTY FAIR GOLF COURSE, INC., a Nevada corporation By~~~~~~~~~ By ________ _ -4- 7-:///0; RESOLUTION NO. 66-121-6 APPROVING LICENSE AGREEMENT FOR JOINT USE OF SEWER EASEMENT A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 6, OF ORANGE COUNTY, CALIFORNIA, APPROVING AND AUTHORIZ- ING EXECUTION OF A LICENSE AGREEMENT WITH COUNTY FAIR GOLF COURSE, INC., FOR JOINT USE OF SEWER EASEMENT The Board of Directors of County Sanitation District No. 6, of Orange County, California, DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1. That the certain "License Agreement for Joint Use of Sewer Easement 11 dated September 20, 1966, between the District and County Fair Golf Course, Inc., providing for joint use of an easement on real property owned by Thirty-Second District Agricultural Association, is hereby approved and accepted; and, Section 2. That the Chairman and the Secretary be authorized and directed to execute said License Agreement on behalf of the District.