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Encroachment Agreement No. ERA15-0008 2016-0146658RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY, CA 92074 APN: 314- 710 -38 & 40 DOC# 2016- 0146658 II I III II l i III I II II I IIII ICI I I I I I I I I II Apr 01, 2016 10:47 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $30.00 PAGES: 8 (THIS SPACE FOR RECORDER'S USE) ENCROACHMENT AGREEMENT NO. 15 -0008 The CITY OF POWAY (herein called CITY), does hereby grant to the Regency Centers L.P., owner(s) of the property located at 14837 Pomerado Road, Poway, CA (herein called PERMITTEE(S)), permission to encroach within the City's easement for the purposes of installing and maintaining 1.5 inch electrical conduit improvements. The limits of said encroachment are as shown on Exhibit A, attached hereto and made a part hereof, and described as new 1.5 inch electrical conduit improvements, a portion of which is to be installed within the City's existing 30 foot easement for water and sewer purposes, according to Map No. 14824. Said permission is given subject to PERMITTEE, its heirs, successors or assigns, by accepting the same, agreeing to the following conditions: 1. The consent granted herein by CITY shall at all times be subject to the right of CITY to operate and maintain, and from time to time to reconstruct, alter, and improve any existing works of the CITY on CITY's easement, without liability for damages to the facilities of PERMITTEE, its heirs, successors or assigns; 2. It is understood that said lands are not owned by CITY, that the consent contained herein relates only to the prior rights of CITY by virtue of its easement in said lands, and nothing contained herein shall be deemed a representation by CITY of the right to grant an easement over said lands or any other rights which are reserved to the owners or other persons; 3. The CITY will not be liable for any damage to the proposed construction on CITY's easement resulting from future operation of the CITY's facilities by CITY within the easement; 4. This assignment is made for the direct benefit of PERMITTEE's land above described and the covenants herein contained shall run with said land, and shall be binding on the assigns and successors of PERMITTEE; Encroachment Agreement No. 15 -0008 Page 2 5. Only those utilities or improvements described above are permitted along or across the easement. If other utilities or improvements are proposed, an additional encroachment agreement will be required; 6. PERMITTEE shall not unreasonably interfere with the facilities of CITY, or with access by CITY, during construction. PERMITTEE shall establish grades, which, in the opinion of the CITY, will provide easy access across the encroachment after completion; 7. All of CITY's facilities in the easement are to be fully protected in a manner satisfactory to CITY after construction; 8. PERMITTEE, its heirs, successors or assigns, will be responsible for any damage which may occur to CITY's facilities in the easement by reason of the construction, location, or maintenance of PERMITTEE's facilities, and for the cost or any relocation of the facilities installed within the easement by PERMITTEE, its heirs, successors or assigns, should such relocation become necessary by reason of the construction by CITY of additional facilities or appurtenances thereon; 9. CITY, its officers, employees, agents and directors shall not be answerable or accountable in any manner for any loss or damage that may occur to facilities belonging to the PERMITTEE, its heirs, successors or assigns, or any part thereof; for any loss or damage to any of the materials, equipment or other things used or employed in constructing the same; for injury to or death of any person, either workmen or the public, or for damage to property from any cause arising out of PERMITTEE's use of CITY's easement, or the construction and maintenance of facilities thereon. PERMITTEE, its heirs, successors or assigns, shall be solely responsible for all of the foregoing. PERMITTEE, its heirs, successors or assigns, shall hold harmless, indemnify, and defend CITY, its directors, officers, employees and agents, from all claims, suits or actions of every name, kind and description, including attorneys' fees, brought for, or on account of, injuries to or death of any person or damage to property resulting or alleged to have resulted from PERMITTEE's use, or use by its heirs, successors or assigns, of CITY's easement or the construction and maintenance of facilities thereon; 10. CITY is to be without cost or expense of any kind in connection with this agreement; 11. The encroachment shall be installed and maintained in a safe and sanitary condition at the sole cost, risk and responsibility of the PERMITTEE and successors -in- interest; 12. The PERMITTEE, its heirs, successors or assigns, shall remove or relocate the encroachment, or a portion thereof, upon notification in writing by the City Engineer of the City of Poway, or the City may cause such work to be done at PERMITTEE's sole cost and expense, and the cost thereof shall be a lien upon the land owned by the PERMITTEE, its heirs, successors or assigns; 13. PERMITTEE, its heirs, successors or assigns, shall take out and maintain, during the time the aforementioned encroachment remains on CITY's easement, sufficient Liability Insurance covering all bodily and property damage arising out of this permit (at least $1,000,000 for personal injury and $250,000 for property damage). This policy shall name CITY and its Encroachment Agreement No. 15 -0008 Page 3 officers, agents and employees as additional insured, and shall constitute primary insurance as to CITY and its officers, agents and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. The policy shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. This agreement is granted pursuant to action taken by the CITY OF POWAY on the day of 2016. ACCEPTED: Regency Centers L.P. By:= - Gregg R. Sadowsky Its: Sr. Vice President, Sr. Market Officer Approved as to Form: Office of the City Attorney 1&. �"� Mor n L. of , City ttorney CITY OF POWAY Steven R. Crosby, P.E. City Engineer (Signatures must be notarized.) Wengsery \Land Development Projects \2015 \ERA15- 0008Target \Targett ERA.docx CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 S6r lDve!:�C) ) On Marc in 2Z , 'Zbl l— before me, L RL) b\ i� Date Here Insert Name and Title of the Off er personally appeared Sle.Ue n rOSb� Name(s) of Signer(s) 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. MONICA I. MARTINEZ CO"W118aion 1 2115964 i Notary Public - CalMOrnia Z San DIW County Conn. Ex INS Jun 18, 2019 + Place Notary Seal Above 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 Signature of Notary Pu OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): Partner — 7 Limited General i -i Individual ❑ Attorney in Fact Trustee ❑ Guardian or Conservator - Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — Limited General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: CALIFORNIA ACKNOWLEDGMENT 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 ) )ss. County of San Diego ) On March 11, 2016, before me, Raeleine K. Nabors, Notary Public, personally appeared Gregg R. Sadowsky, 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 /ebe4h&y executed the same in his /berie+r authorized capacity(aes), and that by his /4eff h& signatureN) on the instrument the personal, or the entity upon behalf of which the person(�qacted, 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. RAEIEINE K. NABORS WITNESS my hand and official seal. Commission # 2001108 i 4-a Notary Public - California Z Z San Diego County M Comm. Ex ires Dec 15, 2016 Notary Public Signature (Notary Public Seal) O z u t > o @ ui a n v O d O 0. 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