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Joint Use Agreement #2013-176c 2014-0492133RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: San Diego County Water Authority r roj Engineering Department 4677 Overland Avenue San Diego, CA 92123 -1233 Water Authority Pipeline & Preal: POI - 139 & P02 -139 APN: 321 -230$2 & 321- 230-83 D 0 C # 2014-0492133 111111111 III 1111 Hill 111111111111111 IN IIIII IIIII 11111111111111 II NOV 12, 2014 4:15 PM OFFICIAL RECORDS ReESAN DIEGO COUNTY RECORDERS OFFICE meat J. Dronenburg. Jr.- COUNTY RECORDER FEES: 000 PAGES: 7 ! IIINI INiI IIII IINI INN uNl INN IIIN IIIII IINI VIII IIIII IIIII IIIII IINI IIII IIII SPACE ABOVE'rFLLS (� FV0. CVUNrY aEC00.DER'S t!SE JOINT USE AGREEMENT # 2013 -176c BETWEEN CITY OF POWAY AND THE SAN DIEGO COUNTY WATER AUTHORITY This Joint Use Agreement is made between the San Lego County Water Authority (Water Authority) and City of Poway (City) this � day of San 6c✓ 20f_� to allow the City to use the Water Authority's right of way for specified public facilities, A. Water Authority is the owner of exclusive and permanent property interests described in Exhibit "A" and has pipeline and other facilities located in, upon, over, under, and across this property as shown on Exhibit "B" "the Water Authority's Right of Way." B. City is a public agency /utility that owns or will own a property interest in the real property subject to the Water Authority's right of way. WHEREAS, City desires to obtain the Water Authority s consent for the construction, operation, and maintenance of City (hereinafter Facilities) in, over, under, and across Water Authority's right of way along the routes shown on Exhibit "B ", (the Designated Routes); NOW, THEREFORE, the parties mutually hereby agree as follows: 1. The Water Authority authorizes City, and any successor public agency or public utility, to construct, operate, and maintain Facilities in, over, under, and across the Water Authority's right of way by the Designated Routes, under the terms and conditions stated herein. 2. Plans for the installation of, or subsequent alterations to, the Facilities, including protection of Water Authority facilities, shall be submitted to the Water Authority in advance of construction. No construction shall occur until the Water Authority approves the plans. The Water Authority's approval of the plans may be withheld, as the Water Authority deems reasonably necessary to protect its interests and to minimize impacts on its facilities and operations. The Water Authority agrees to process the plans and approve, conditionally approve, or reject the plans within a reasonable time. Notice of construction of said Facilities shall be provided to the Water Authority two weeks in advance to provide for the scheduling of inspection. L:\ROW\DcptOnty\PROJECCS_OPS \2013 \I3- 176UUA City of Poway futal draft 10- 23- 14.dom 3. Nothing in this Joint Use Agreement shall be construed to diminish any of the Water Authority's property rights. This Joint Use Agreement is in the nature of a license and the Water Authority's right of way shall re ntinue m full force and effect and shall in no way be affected by the Water Authority'AMc�ulihe Water Authority may terminate the license upon determination that the license or uses onzed by this Agreement are incompatible with Water Authority's uses of the Designated Route. 4. City agrees not to interrupt the use or operation of Water Authority's facilities. 5. The Water Authority is the "party fast in place" and its rights and interests are prior in time and superior in title to those of City. 6. City shall, at its sole expense, remove and replace, rearrange, or relocate the Facilities as may be necessary for the Water Authority's use and enjoyment of its easement and right of way. Except in the event of an emergency, the Water Authority agrees to provide City written notice to remove and replace, rearrange, or relocate the Facilities. Upon receipt of the notice by City the parties shall meet within 30 days, or such time as mutually agreed upon, to develop a plan to incorporate the removal, replacement, rearrangement, or relocation of the Facilities as part of the Water Authority's project; or, alternatively, to develop a separate plan for the removal, replacement, rearrangement, or relocation of the Facilities under a mutually agreeable time -frame. Absent exigent circumstances, the time -frame for the removal, replacement, rearrangement, or relocation shall not be less than 30 days. Plans for removal and replacement, rearranging, or relocation of the Facilities shall be subject to paragraph 2, above, however, no time shall be charged against City for that period of time the plans are pending the Water Authority's review. In the event of an emergency affecting the public health, safety or welfare, as determined by the Water Authority, or City's failure to remove and replace, rearrange, or relocate the Facilities within the time mutually agreed upon or 30 days, whichever is greater after the Water Authority has given written notice, then the Water Authority may remove the Facilities without obligation to City, at City's expense. This Agreement shall continue to apply to Facilities removed and replaced, rearranged, or relocated pursuant to this paragraph. 7. This Agreement shall run with the land and be binding upon both parties, its representatives, agents, successors, and assigns. 8. The parties understand and agree that this Agreement grants only the consent of the Water Authority to the activities identified under the terms and conditions stated herein. City is responsible for acquiring any other property rights, licenses, or permits needed to conduct the identified activities. 9. City shall save, indemnify, and hold harmless the Water Authority against any liability, loss, cost, damage, and expense caused by or arising from (i) an act(s) or omission(s) of City, its employees, agents, contractors, successors, and assigns or (ii) the location and existence of the Facilities, whether defective or otherwise; including, but not limited to any such loss, cost, damage, liability, and expense arising from damage to or destruction of real and personal property or injury to or death of any person; provided, however, that City s duty to indemnify and hold harmless shall not include any claims or liability to the extent arising out of the active negligence or t.. \ROW\DeptOnly\PROJECTS_OPS \2013 \13- 176VUA City of Poway final draft 10.23- 14.doc willful misconduct of the Water Authority, its agents, officers, or employees. City shall also hold harmless the Water Authority against damage to or destruction of its Facilities caused by an act(s) of a third party(s). If the Water Authority performs removal, replacement, rearrangement, or relocation work on behalf of City pursuant to paragraph 6, City agrees to accept the work and to release and waive any responsibility or claim against the Water Authority on account of rework. 10. The Facilities shall be maintained in a safe and sanitary condition at the sole cost, risk, and responsibility of City and their successors in interest without exception, including but not limited to any damages to the Facilities caused by the Water Authority's maintenance or construction activities. 11. Any notice required, permitted, or contemplated under this Agreement shall be deemed given when actually delivered or when deposited in the mail, certified or registered, postage prepaid, addressed as follows: W$ 11.J:W777[I11:[�JC1YII1 TO PUBLIC AGENCY / UTILITY: San Diego County Water Authority Engineering Department 4677 Overland Avenue San Diego, CA 92123 City of Poway Development Services Department 13325 Civic Center Drive Poway, CA 92064 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by a duly authorized officer on the day and year first above written. SAN DIEGO COUNTY WATER AUTHORITY: By: )eel J�� O 11AZZ William J. Rose Director of Engineering CITY OF POWAY: e lCity Name: Singer -! astofo r 1 Diego County Da ted: (Notari;rAm Required) Dated: 11 V/%-/ (Notartmlion Required) Dated: II G l L: \ROW\DcptOnly\PROJECfS_OPS \2013 \13- 176UUA City of Poway final draft 10- 23- 14.docx STATE OF CALIFORNIA COUNTY OF SAN DIEGO On November 4, 2014 before me, Carol S. Legg, Notary Public, personally appeared Daniel Singer, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. CAROL S. LEGG Comrnission i 7934186 Notary Public - Calllornla z San Diego County s &rd Comm. Expires Apr 26,2015 Carol S. Legg, Notdfy4ublic OPTIONAL Title or type of document: Joint Use Agreement (12013 -176c Document Date: Undated Number of Pages: Three, plus exhibit Signers Other Than Named Above: To be signed by William J. Rose for SDCWA and approved as to form by Daniel Hentschke, general counsel for SDCWA APN 321 - 230 -82 and 321 - 230 -83 Water Authority Pipeline & Parcel P01 -139 and P02 -139 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE State of California County of g4j\ Di ea o On IVoycfnbell2 2ol`J beforeme, Em; Rose• Irory P-+b):c Date Name and Title of personally appeared Wi) (i aryl �r- RZo S C EMILY J. ROSE _ Canmlaeion !2082507 No" Public - CaINmNa San Diego county comm. = S 23, 2018+ Place Notary Seal Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4 whose names) is/pima subscribed to the within instrument and acknowledged to me that he /she APeey executed the same in his/he 11,19dr authorized capacity(iesr and that by hisLperf U& signature(4 on the instrument the person(s), or the entity upon behalf of which the person(O 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: S' re of Notary Public 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 Attache&D Title or Type of Document: Number of Pages: Document Date: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate officer — Title(s): -] Partner — ❑ Limited L! General 7 Individual _.i Attorney in Fact = Trustee C Guardian or Conservator Other. Signer Is Representing: ner's Name: _ i C orate Officer — Title(s): U Parts D Limited General ❑ Individual ❑Attomey in Fact Ll Trustee Guardian or Conservator ❑ Other. Signer Is Representing: EXHIBIT "A" TO JOINT USE AGREEMENT # 2013 -176c PUBLIC AGENCY/UTILITY City of Poway Development Services Department 13325 Civic Center Drive Poway, CA 92064 Address Description: APN's: 321 - 230 -82 & 321- 230 -83. Pebble Canyon Drive, Poway, CA 92064 WATER AUTHORITY PROPERTY Pipeline(s) and Pareel(s): P01 -139 & P02 -139 An 110 -foot wide strip of land in a portion of the Southeast Quarter of the Southeast Quarter of Section 6, Township 14 South, Range 1 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to U.S. Government Survey approved January 13, 1883, more particularly described in Final Judgment and Decree in Condemnation as to Parcel 139 only (District Court of the Southern District of California in Case No. 675 -SD- Civil), Recorded November 17,1949, as Document No. 106661, Book 3389, Page 316, Official Record of said County; and a reserved Right of Way as described in the original Patent issued by the Government for the above described land. PURPOSE This agreement is granted exclusively for the construction, operation, and maintenance of an eight - inch PVC potable waterline and appurtenant structures necessary or convenient for the operation of the waterline in, over, under, and across the Water Authority s Right of Way along the routes as shown on Exhibit B and per the Improvement Plans for City of Poway Project No. WI 13 -005. This permit does not authorize other construction, grading or landscaping within the Water Authority's right of way. It shall he the public agency /utility's responsibility to secure all necessary permits required by local agencies. L:\ ROW\ DeptOnWROJECfS _OPSX2013 \13- 176VUA City or Powayfinal draft 10- 23-14.do" 0 v 0 QI� I N cg Q ^ I„ Wy 3 3Nn ,(1113oYIL�d �Zi I a Lu I Q to p a -_- ' Q 3Nn ,UX3d Yd I Q I�� I