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
SPACE ABOVE THIS LINE FOR RECORDER'S USE
V&LM File No.: JUA204305166
Serial No.: 73692A
Affects SCE Doc. 126991, 422554 and 423932
Service Order: 802362570
JOINT USE AGREEMENT
THIS AGREEMENT, made and entered into this _____ day of __________________, 20____, by and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Company", and the CITY OF RIALTO, a municipal corporation of the State of California, hereinafter called "City",
W I T N E S S E T H:
THAT WHEREAS Company is the owner in possession of certain rights of way and easement(s) for electrical facilities by virtue of the following easement rights:
Those certain easement rights granted to Southern California Edison Company, its successors, and assigns, by Grant of Easement recorded August 8, 1952, as Instrument No. 244, in Book 2998,
by Grant of Easement recorded January 16, 1990, as Instrument No. 90- 019152, all, of Offici al Records, hereinafter referred to as "Company's Easements"; and
WHEREAS City has acquired easement rights for street and highway purposes for the construction and/or improvement of Locust Avenue in said City, County of San Bernardino, State of California, hereinafter referred to as "highway right of way", as shown on the print attached hereto, marked "Exhibit A" and hereby made a part hereof which said highway right of way is subject to Company's easement; and
WHEREAS, a developer has requested Company to relocate its existing aerial utility facilities out of the Company easement area (hereinafter referred to as “old location”) and into an underground location within the highway right of way, at Developer’s exp ense due to conditions set forth in the City’s approval of the developer’s project; and
WHEREAS Company's facilities as now installed and located on said highway right of way will interfere with or obstruct the construction, reconstruction, maintenance or use of said street or highway, and City desires to eliminate such interference or obstruction;
NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained, Company and City do hereby agree as follows:
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Rialto
Serial No.: 73692A
V&LM FILE No.: JUA204305166
-2-
The location of Company's easement insofar as it now lies within the said highway right of way, be, and it hereby is, changed to the strip of land within said highway right of way, hereinafter referred to as "new underground location", and shown and designated as "area in Joint Use Agreement" on said print marked "Exhibit A".
Company agrees to rearrange, relocate and reconstruct within said new underground location, any of its facilities heretofore or now installed pursuant to Company's easement within said highway right of way. Company hereby consents to the construction, re construction, maintenance or use by City of a street or highway over, along and upon Company's easement, in the new location within said highway right of way, upon and subject to the terms and conditions herein contained. Company acknowledges that it hereby relinquishes all rights to the old location as reflected in Exhibit A.
City acknowledges Company's title to Company's easement in said new underground location and the priority of Company's title over the title of City in said new location. Company has and reserves the right and easement to use, in common with the public's u se of said street or highway, said new underground location for all of the purposes for which Company's easement was acquired, without need for any further real property permit or permission from City. Notwithstanding the foregoing, Company shall obtain applicable ministerial permits from the City for the purpose of notifying the City of future work in the public right of way. Except in emergencies, Company shall give reasonable notice to City before performing any work on Company's facilities in said new location . In all cases, Company shall exercise due care for the protection of the traveling public. In the event of an emergency, Company shall provide the City notice as soon as reasonably practicable.
In the event that the future use of said highway right of way shall at any time or times necessitate a rearrangement, relocation, reconstruction or removal of any of Company's facilities then existing in said new underground location, and City shall notify Company in writing of such necessity and agree to reimburse Company on demand for its costs incurred in complying with such notice, Company will provide City with plans of its proposed rearrangement and an estimate of the cost thereof, and upon approval of such plans by City, Company will promptly proceed to effect such rearrangement, relocation, reconstruction or removal. Company shall exercise due care for the protection of the traveling public. While any applicable permit or permission from City for such rearrangement, relocation or reconstruction shall be required, no permit fees shall be require, and City will (1) enter into a Joint Use Agreement on the same terms and conditions as are herein set forth covering any such subsequent relocation of Company's facilities within said highway rights of way, (2) provide executed document(s) granting to Company a good and sufficient easement or easements over private property if necessary to replace Company's easement or any part thereof, and (3) reimburse, or cause to be reimbursed, Company for any costs which it may be required to expend to acquire such easement or easements, provided it is mutually agreed in writing that Company shall acquire such easement or easements. City may require that Company obtain ministerial permits with standard City repairs for such a relocation. However, City shall not charge for such permits and the cost of such repairs shall be at the City’s expense. Company shall conduct all repairs consistent with standard City requirements for trench backfill and pavement repairs.
City agrees to indemnify, defend and reimburse Company for any loss or claim Company may suffer because of any lack of or defect in City's title to said new location or any subsequent location within said highway right of way, or in the title to any easement provided by City over private property, to which Company relocates its facilities pursuant to the provisions hereof, and City agrees that if Company is ever required to relocate its facilities because of any such lack of or defect in title, City shall reimburse Company for the cost of relocating its facilities and any other reasonable costs arising
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Rialto
Serial No.: 73692A
V&LM FILE No.: JUA204305166
-3-
therefrom, such as, but not limited to, costs to acquire any right of way required for such relocation.
City shall not reimburse Company for any loss caused by Company's own fault or negligence.
Except as expressly set forth herein, this agreement shall not in any way alter, modify or terminate any provision of Company's easement. Both City and Company shall use said new location in such a manner as not to interfere unduly with the rights of the other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation or damages which Company or City may now have or may hereafter acquire resulting from the construction of additional facilities or the alteration of e xisting facilities by either City or Company in such a manner as to cause an unreasonable interference with the use of said new location by the other party. City agrees that Company's facilities shall not be damaged by reason of the construction, reconstruction or maintenance of said street or highway, by the City or its contractors, and that, if necessary, City will protect Company's facilities against any such damage, at City's expense.
After notice and approval by the City, Company shall have the right to remove, trim or top any vegetation, brush, tree or trees which may grow in said new location in said highway right of way, 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.
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_________________________________
Monica Contreras
Real Estate & Facilities Advisor
Land Management – Eastern Region
Vegetation & Land Management
CITY OF RIALTO, a municipal corporation
By:
Approved As to Form Name:
Title:
By: ________________________________
Name: _____________________________ Attest:
Title: ______________________________ Name:
Title:
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Rialto
Serial No.: 73692A
V&LM FILE No.: JUA204305166
-4-
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 _______________________________
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Rialto
Serial No.: 73692A
V&LM FILE No.: JUA204305166
-5-
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 _______________________________
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 _______________________________