RECORDING REQUESTED BY
SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768
ATTN: TITLE & REAL ESTATE SERVICES
JUA City 3rd Party Pays
for relocation
SPACE ABOVE THIS LINE FOR RECORDER'S USE
V&LM File No.:
Serial No.: A
Affects SCE Doc.
Service Order:
JOINT USE AGREEMENT
THIS AGREEMENT, made and entered into this _____ day of __________________, 2024, by and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Company", the CITY OF FULLERTON, a municipal corporation of the State of California, hereinafter called "City", and CORE FULLERTON CHAPMAN, LLC, a Delaware limited liability company, hereinafter called "Owner", W I T N E S S E T H:
THAT WHEREAS Company will be made the owner in possession of certain rights of way and easement(s) for electrical facilities; WHEREAS Owner owns fee title to Parcel 1 of Parcel Map No. 2020-173 recorded in the Official Records as Instrument No. 2023000180268 (the "Property"); WHEREAS City has acquired easement rights for underground sanitary sewer purposes in said Property, hereinafter referred to as the "sewer easement", as shown on said Parcel Map No. 2020-173; WHEREAS, Owner has agreed to grant Company an easement to facilitate electrical service to Owner (the “easement”); WHEREAS, the Company’s easement will be recorded concurrently or shortly after recordation of this Joint Use Agreement; WHEREAS a portion of Company's easement when granted will be subject to the sewer easement; and WHEREAS Company's facilities as hereafter installed and located on said sewer easement may interfere with or obstruct the construction, reconstruction, maintenance or use of said sewer facilities, and City desires to eliminate any such potential interference or obstruction; NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained, Company, City and Owner do hereby agree as follows:
The location of Company's easement that is situated within the said sewer easement as shown on Exhibit “A” attached hereto is hereinafter referred to as "joint location” and is subject to this Joint Use Agreement.
City hereby consents to the granting of the easement to Company and to the construction, reconstruction, maintenance or use by Company of its electrical facilities over, along and upon the joint location, upon and subject to the terms and conditions herein contained.
In the event that the future use of said sewer easement shall at any time or times necessitate a temporary relocation of any of Company's facilities then existing in said joint location, and City shall notify Company and Owner in writing of such necessity, Company will provide City and Owner with plans of its proposed temporary relocation and an estimate of the cost thereof, and upon approval of such plans by City, Company will promptly proceed to effect such temporary relocation, provided that Company first receives payment of such estimate. Owner shall pay such estimate to Company within 30 days after Owner has received reasonable documentation of such estimate and approval of such plans by City. Within 30 days after completion of the temporary relocation, Owner and Company shall reconcile any underpayment or overpayment of the estimated cost of the temporary relocation based on the actual, reasonable, documented, out-of-pocket costs incurred by Company in performing the temporary relocation. In no event will Company be required to permanently relocate its facilities except upon mutual agreement of the Parties and further provided that Company shall not be responsible for the cost of a permanent relocation.
If Owner fails to timely pay Company the estimated cost of the temporary relocation as and when provided in the previous paragraph, City shall have the right, but not the obligation, to pay or cause the payment of such estimate to Company on behalf of Owner, whereupon Owner shall reimburse City upon demand for such payment. City and Owner agree that Company shall not be obligated to begin any such relocation unless and until Company has received the estimated payment amount.
No further permit or permission from City for such temporary relocation within any portion of the sewer easement shall be required.
For clarity, City agrees that Company’s franchise agreement with the City does not apply to the SCE’s facilities situated within the joint location.
Except as expressly set forth herein, this agreement shall not in any way alter, modify or terminate any provision of Company's easement or the sewer easement. Both City and Company shall use said joint location in such a manner as not to interfere unduly with the rights of the other. Company agrees that the City's sewer facilities shall not be damaged by reason of the construction, reconstruction or maintenance of Company's facilities, by the Company or its contractors, and that, if necessary, Company will protect City's sewer facilities against any such damage, at Company's expense.
Company shall have the right to remove, trim or top any vegetation, brush, tree or trees which may grow in said joint location in said sewer easement, and which in the opinion of Company may endanger or interfere with the proper operation or maintenance of Company's facilities, to the extent necessary to prevent any such interference or danger.
This agreement shall inure to the benefit of and be binding upon the Company and the City and their respective successors and assigns. Further, this agreement shall run with the land and inure to the benefit of and be binding upon Owner and any successor owners of the Property. [Signature Pages Follow]
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate by their respective officers thereunto duly authorized, as of the day and year herein first above written.
SOUTHERN CALIFORNIA EDISON COMPANY, a corporation
By___________________________________
Real Estates & Facilities ____ Specialist
Land Management – _________ Region
Vegetation & Land Management
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of )
On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________________
CITY OF FULLERTON,
a municipal corporation
By:
Name:
Title:
Attest:
Name:
Title:
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of )
On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________________
CORE FULLERTON CHAPMAN, LLC,
a Delaware limited liability company
By:
Name:
Title:
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of )
On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________________
Exhibit A
To Joint Use Agreement
Depiction of Joint Location
[See attached.]
--
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of
Serial No.: A
V&LM FILE No.: