RITE AID CORPORATION/JOHN HALL, TRUSTEE - 2006

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A-2006-320 ...,.....:: " ~ Clerk ofthe Council City of Santa Ana 20 Civic Center Plaza M-30 P.O. Box 1988 Santa Ana, California 92702 Rel:orded in Official Records, Orange County Tom Daly, Clerk-Recorder 111111111111111111I111111111I111111111I11111111111111I111111111111111111111 NO FE E 2007000160246 02:31pm 03/13/07 11fi 45 A12 26 0.00 O.OCl 0.00 0.00 0.00 0.00 0.00 0.00 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: FREE RECORDING GOVERNMENT CODE 9 6103 ~1f ,,~ ,.,(/:~ ( !. ,j\ SEWER SERVICE AGREEMENT THIS SEWER SERVICE AGREEMENT (herein referred to as the "Agreement") is entered into as of this .!1.!!:-day of bet.....~ 200'i(herein referred to as the "Effective Date") by and among the CITY OF SANTA ANA, a charter city duly organized under the Constitution and laws of the State of California (herein referred to as the "City"), on the one hand, and THE JOHN C. HALL TRUST UAD 12/10/01, and RITE AID CORPORATION, a Delaware corporation (herein both entities are referred to collectively as "Owner"), on the other hand, with reference to the following facts: A. The John C. Hall Trust UAD 12/10/01 is the fee title holder and Rite Aid Corporation is tenant under a long term ground lease of that certain real property commonly known as 13946-13 972 Tustin Avenue, Orange County Assessor's Parcel Numbers 396-312-07, 396-312-08, and 396-312-09 in the unincorporated area of the County of Orange (herein referred to as the "County"), State of California, and more particularly described and shown in Exhibit A attached hereto and incorporated herein by this reference (herein referred to as the "Owner's Property"); and B. The sewage and wastewater needs of the Owner's Property, as well as the properties in the vicinity of the Owner's Property that are generally shown on Exhibit B hereto and herein referred to as the "Benefited Properties" are presently served by either septic tank systems or not at all; and C. While it is not feasible to annex the Owner's Property or the Benefited Properties into the City at this time, it is the desire ofthe Owner to obtain sewer service from the City for the Owner's Property pending later annexation ofthe Owner's Property to the City if and when it is feasible to do so. More particularly, the Owner desires to have the City consent to the Owner providing sewer service to its property by the installation and extension, at the Owner's sole cost and expense, of all ofthe following improvements in accordance with plans and specifications prepared, or to be prepared, by the Owner and approved by the City's Director of Public Works/City Engineer (the "Plans"):