1. Ordinance — Anaheim City Council, October 17, 2023

ORDINANCE NO.

AN ORDINANCE OF THE CITY OF ANAHEIM GRANTING
A FRANCHISE TO SFPP, L.P. , TO MAINTAIN AND

OPERATE PIPELINES FOR THE TRANSPORTATION OF

HYDROCARBON SUBSTANCES IN THE CITY OF

ANAHEIM

The City Council of the City of Anaheim does find that:

WHEREAS, Article XIV of the Charter of the City of Anaheim authorizes the City Council to grant franchises subject to the terms contained in Article XIV of the Charter and to prescribe such terms and conditions of any such grant; and

WHEREAS, SFPP, L.P., a Delaware limited partnership, (hereinafter Grantee) has made an application for a Franchise Agreement for pipeline purposes in right-of-ways within the City of Anaheim.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ANAHEIM DOES ORDAIN AS FOLLOWS:

SECTION 1. TERMS AND CONDITIONS OF FRANCHISE:

ARTICLE 1. NATURE OF FRANCHISE

There is hereby granted to Grantee for the term of forty (40) years from and after the Effective Date of this Ordinance subject, however, to all the limitations and restrictions contained in this Ordinance and the Charter of the City of Anaheim, the right, privilege and franchise to construct, maintain, operate, repair, renew, replace, change the size of, and/or remove pipelines (collectively, the “Permitted Activities”), for the transportation of oil, petroleum, gas, gasoline or other hydrocarbon substances, excluding natural gas, or water, in, under, along and across various right-of-ways in the City of Anaheim (hereinafter referred to as “City”), and any appurtenances, further delineated on attached Exhibit "A" and updated from time to time in accordance herewith hereinafter collectively referred to as “Pipeline Facilities”.

Without limiting the generality of the foregoing, this Franchise includes the right, for the period and subject to the conditions hereof, to perform the Permitted Activities on pipelines, of Grantee already laid and constructed in said street(s) of the City of Anaheim.

ARTICLE 2. PIPELINE SAFETY

Grantee agrees to incorporate and comply with provisions and conditions prescribed by law and, more specifically, compliance with state and federal pipeline safety laws and those contained in this Ordinance, including but not limited to industry-standard required safety measures and design requirements for pipelines carrying oil and oil products as specified in Title 49 of the Code of Federal Regulations (49 CFR) Parts 190-199 and California Pipeline Safety Act Of 1981 [51010 - 51019.1], as such may be amended from time to time. In addition, the responsibility of overseeing the safety of Grantee’s operations lies with the California State Fire Marshal (CSFM).

In addition, Grantee agrees to incorporate industry standard required safety measures, including but not limited to the following suggested pipeline safety measures:

Operation of the pipelines in compliance with 49 CFR Parts 190-199.

Cathodic protection of the pipelines in order to substantially eliminate external corrosion.

Isolation block valves at various locations along the pipeline route.

Participation in the Dig Alert system to minimize potential damage to its pipelines due to construction activities of others.

Bi-Weekly field surveillance along the pipeline routes to check for any pipeline leaks or third party construction activity that may affect the safe operation of the pipelines.

Internal inspection of the pipelines through the use of In-Line Pipeline Inspection Tools or “smart pigs” which are used to detect defects in the pipeline walls, geometric deformations, and pipeline manufacturing defects.

Tests the integrity of its active pipelines every five (5) years, or as required by the CSFM.

ARTICLE 3. FACILITIES

Grantee shall have the right to perform the Permitted
Activities on the Pipeline Facilities including the construction and maintenance thereof, provided the maintenance and operation of the pipelines covered by this Franchise shall be kept flush with the surface of the streets with the exception of those appurtenant facilities lying above the surface of the street as approved by the City Engineer and so located as to conform to any order of the City Engineer in regards thereto and so long as they conform to federal and state requirements and do not interfere with the use of the street for travel or other City utilities. Grantee shall have the right, subject to all federal, state and local laws, rules and regulations, as are now or may hereafter be in force, to make all necessary excavations in said roadways to perform the Permitted Activities on the Pipeline Facilities; provided however, that Grantee shall apply for and secure any required permits from the City and deposit any required improvement securities prior to commencement of work in the public right of way.

All work within the City right of way will require a Right of Way Construction Permit ("RCP"), which RCP shall not be unreasonably withheld by the City. In cases of emergencies, any Permitting requirements, such as an RCP, shall be completed as soon as reasonably possible by the Grantee and the City.

ARTICLE 4. ENVIRONMENTAL

A. Clearances.

Grantee is responsible for obtaining and maintaining all environmental permits and other regulatory approvals necessary in connection with this Franchise. The City shall be provided copies of all current environmental permits and regulatory reports and shall be provided the opportunity to comment on all draft environmental reports directly impacting areas in the City and prepared pursuant to the California Environmental Quality Act (CEQA) and the federal National Environmental Policy Act (NEPA). Grantee shall be responsible for any costs associated with obtaining and maintaining all environmental permits and other regulatory approvals necessary in connection with the Franchise.

B. Clean up.

Grantee shall, for all active Pipeline Facilities, develop and maintain an emergency response plan that covers the franchise operations within the City and is in conformance with the Pipeline and Hazardous Material Safety Administration (PHMSA) requirements and is satisfactory to the City . Grantee shall provide a copy of the emergency response plan to the City of Anaheim Department of Public Works.

Grantee shall respond to all pipeline spills caused by Grantee’s Pipeline Facilities in accordance with all applicable federal, state and local laws and regulations, and any amendments thereto, and have cleanup equipment on site actively cleaning the spill in accordance with all applicable federal, state and local laws and regulations, and any amendments thereto. Spill cleanup activities shall continue until the spill cleanup is complete or, if applicable in the opinion of the federal, state or local governmental agency supervising such cleanup, no further cleaning activity is necessary and/or feasible. The City of Anaheim will respond to all spills as it deems appropriate. The Grantee is solely responsible to pay for all costs associated with the spill, response to the spill and subsequent follow up as required by local, State and/or Federal laws that is found to have been caused by Grantee’s Pipeline Facilities. The Grantee shall perform monitoring of the groundwater as may be required by the Regional Water Quality Control Board if a spill occurs, or any other agency with the authority to do so.

Upon request, within 90 days after a recordable spill has been closed a copy of the spill investigation report and/or closure report shall be provided.

ARTICLE 5. LOCATION OF PIPELINES

It is critical that the locations and dimensions of all Pipeline Facilities in public right of way be documented and available to the City.

Grantee shall provide supplement to Exhibit "A,” attached hereto from time to time as new information regarding any changes to the location of the existing Pipeline Facilities becomes available by providing the City with updated surveys, maps and related information (including the size) of its Pipeline Facilities within the City. If reasonably feasible, maps provided pursuant to this paragraph shall show the location of all Pipeline Facilities.

Within ninety (90) days, or as soon as reasonably possible, following the date in which any new Pipeline Facilities have been laid or constructed under this Franchise, Grantee shall file a Record map or maps and supplement to Exhibit "A" in such form as may be required by the City Engineer showing the location and size of all its Pipeline Facilities then in place, and shall, upon installation of any additional Pipeline Facilities or upon removal, change
or abandonment of all or any portion thereof, file a revised Record map or maps and supplement to Exhibit "A" showing the location and size of all such additional and/or abandoned Pipeline Facilities as of that date. If cathodic protection is to be used for the Pipeline Facilities installed or maintained pursuant to this Franchise, a description of the protective devices shall be furnished to the City Engineer which shall show the locations of all appurtenances.

The City will make every effort to work with Grantee to update the records and facilitate the inspection and repair of the Pipeline Facilities. However, if Grantee fails to provide the required details to ensure the Pipeline Facilities are identified and documented, in the sole reasonable opinion of the City, the City reserves the right to suspend this Franchise.

The City will notify the Grantee in writing at least ninety (90) days in advance of suspension of this Franchise. The City will continue to work with Grantee to provide an acceptable level of documentation. If Grantee is able to correct this condition within ninety (90) days (or such other amount of time as may be agreed to by the City and Grantee) the Franchise will be reinstated. If Grantee is unable to correct this condition within such period, this Franchise will be voided and Grantee will be notified to either remove or abandon the Pipeline Facilities in accordance with Article 8 of this Franchise.

ARTICLE 6. COMPENSATION TO THE CITY

As consideration for the Franchise hereby granted, Grantee shall pay annually to the City in lawful money of the United States, within ninety (90) days after the start of the calendar year, based on California Code, Public Utilities Code - PUC § 6231.5. A pro-rated payment for any unpaid fees up to current calendar year shall be paid by the Grantee to the City within ninety (90) days following the Effective Date.

The length of pipe expressed in feet located within the franchised area shall be multiplied by the applicable base rate, as adjusted pursuant to subdivision (d), in accordance with the following schedule:

Pipe size (internal
diameter in inches)
Base rate
per lineal foot
0--4 $0.088
6 0.132
8 0.176
10 0.220
12 0.264
14 0.308
16 0.352
18 0.396
20 0.440
22 0.484
24 0.528
26 0.572
28 0.616
30 0.660

The applicable base rate shall be multiplied by the Consumer Price Index for Los Angeles, All items - CUURS49ASA0, as published by the United States Department of Labor, Office of Information for the month of September immediately preceding the month in which payment is due and payable, and divided by the Consumer Price Index for Los Angeles, All items - CUURS49ASA0 for June 30, 1989.

ARTICLE 7. CONSTRUCTION AND OPERATION OF FACILITIES

A. Installation and Location of Pipeline Facilities

Grantee shall perform the Permitted Activities in a good and workmanlike manner and of good materials and in conformity with all the valid and applicable ordinances, rules and regulations in force at the time of such work as heretofore or hereafter adopted by the City Council in the exercise of its police power. Grantee shall operate and maintain all Pipelines Facilities included under this Franchise in accordance with all applicable federal, state and local rules and regulations subject to the changes, amendments and modifications as hereafter may be adopted, including but not limited to those requirements concerning pipeline design, construction, testing, maintenance, surveillance, and operation of utility gas gathering, transmission and distribution piping systems.

Grantee shall obtain and pay required fees for a Right of Way Construction Permit (RCP) before commencing any construction, alteration, installation, removal and/or maintenance of Pipeline Facilities, and cathodic protection under this Franchise, provided such work requires excavation or surface use of a City street. Grantee may obtain a permit by filing a set of plans with the Public Works Department, which shall be subject to review and approval. Such plans for new construction shall show the location of the proposed excavation or surface use as well as the location and existence of all pipelines, sewers, conduits, improvements, and other facilities including but not limited to gas, oil and gas product gathering, distribution and transmission pipelines that may be impacted by the proposed work. Such plans shall also contain an adequate description of the proposed work including an estimate of the duration of interference with any street traffic. The City may impose conditions upon the issuance of an RCP, including the posting of faithful performance and labor and materials bonds in such principal amount as the City may deem adequate, City agrees to provide adequate support for such bond amounts. In addition, the City may also give the Grantee directions for the location of any Pipeline Facilities as may be reasonably necessary in the opinion of the City to avoid structures in or under the street. Grantee shall be required to provide traffic control plans for review and approval for all work in public streets. Grantee shall be required to remove all USA (Underground Alert) markings and restore the site as directed by the City.

B. Specifications

All Pipeline Facilities authorized by this Franchise shall be designed, manufactured, installed, constructed and inspected in accordance with all applicable federal, state, and local law, rules and regulations for the pipelines, and any other applicable local, state and federal codes or regulations, in their latest revisions.

Adequate protective and pipeline locating facilities shall be provided, in accordance with all applicable federal, state, and local law, rules and regulations, on the portion of each Pipeline Facilities installed under the authority of this Franchise, and elsewhere on the same pipeline, to immediately locate operating troubles and minimize their effects on the City streets or on their use by the public. If, at any time during the term of this Franchise, protective facilities on any pipeline are found to be inadequate as determined by any federal, state, or local board, Commission, or body, Grantee shall at its own expense make changes in accordance with all applicable federal, state, and local law, rules and regulations.

C. Testing

After installation, and for the duration of the term of this Franchise Agreement, active Pipeline Facilities shall be tested in accordance with all applicable federal, state, and local law, rules and regulations. The City reserves the right to require testing for all active Pipeline Facilities not under the direct authority of the California State Fire Marshal, the California Public Utilities Commission or the Pipeline and Hazardous Materials Safety Administration.

D. Changes Required By Public Improvements

Grantee shall, at its sole cost and expense, protect, support, temporarily disconnect, relocate in the same street, or remove abandoned Pipeline Facilities from any Public Right of Way in accordance with the procedures established under Article 8 when required by the City by any reason of traffic conditions, public safety, street vacation, freeway construction, change or establishment of street grade, street maintenance requirements, or the construction of any public improvement or structure by any governmental agency acting in a governmental capacity (a “Change Requirement”).

If, within ninety (90) days after Grantee receives notice from the City of a Change Requirement, Grantee fails to diligently take action to commence, prosecute, or perform the necessary work to complete the Change Requirement or, upon completion of the Change Requirement, promptly restore streets to their original condition prior to any construction or excavation; then City may perform the work after providing written notice to Grantee. Grantee shall reimburse the City for the work within ninety (90) days after receipt of a statement of the City's expense.

E. Reporting

Upon request, Grantee shall provide a copy to the City any annual reports required by applicable federal, state and local agencies, pertaining to the Pipeline Facilities.

Grantee shall promptly repair any leaks or breaks in Pipeline Facilities covered by this Franchise in accordance with all applicable federal, state and local laws, rules and regulations.

If any street or other public property shall be damaged by any leaks or breaks in their pipelines or by reason of any cause arising from the operation or existence of the Pipeline Facilities, Grantee shall, at its own cost and expense, backfill, replace surfacing and otherwise repair the damaged portions of the street or other public property in accordance with the Anaheim Municipal Code and to the reasonable satisfaction of the City Engineer.

Subject to Grantee’s Indemnification in Article 15, If any private and/or public property is damaged by leaks or breaks in pipelines or from any cause arising from operation or existence of its Pipeline Facilities, Grantee shall pay all damages or compensation to which the private and/or public property owners are entitled and Grantee shall repair its Pipeline Facilities to protect the damaged private property from further damage.

If Grantee, within the stated prescribed time period after receipt of notice from the City, federal or state agencies, directing it to repair any damage, fails to commence work or to comply with the instructions, or thereafter, fails to diligently perform the work to completion, or to the satisfaction of the City, federal and state agencies, then the City may immediately do whatever work is necessary to carry out the directives at the cost and expense of Grantee, which cost and expense by the acceptance of this Franchise, Grantee agrees to pay upon demand. If the damage constitutes an immediate danger to the public health or safety, requiring immediate repair, the City, without notice may repair the Pipeline Facilities at the expense of the Grantee.

Where a street area has been excavated over or adjoining a pipeline of Grantee by someone other than Grantee, or where the area is lowered, paved or repaved by or for the City and the City does not require removal of the pipeline from the street pursuant to the provisions of Article 7 Section D, Grantee may recondition or replace the pipeline, within the working area, with proper coordination with the City.

Any vibration from work or operation related to the Pipeline Facilities shall be kept to a level such that it is undetectable to any residents or businesses in the City and in such cases as it is deemed necessary by the City Engineer, vibration-dampening equipment of the best available technology shall be installed within ninety (90) days of such an order to reduce any vibrations to levels deemed acceptable by the Environmental Protection Agency. City Engineer may waive this requirement if reasonable conditions where work or operations activities as requested by the City can cause vibration.

Whenever any of Grantee’s Pipeline Facilities permit the escape of liquids, vapors, or gases, it shall be the duty of Grantee to immediately notify all appropriate federal, state and local agencies, including the City as may be required. In addition, Grantee shall perform those tasks necessary to ensure immediate safety, including but not limited to containment, pump shutdown, valve closures, and evacuation of lines. In the event of an emergency threatening life, health, safety, or property, where it is not possible to obtain an excavation permit prior to commencement of the work, Grantee may commence such work provided that within seventy- two (72) hours thereafter Grantee shall obtain a permit from the City Engineer for all appropriate work, in accordance with the foregoing procedures. The City Engineer may impose reasonable conditions upon the issuance of such a permit and all work shall be subject to inspection by the City. Adequate traffic safety barriers shall be maintained at all times and any damaged portion of the street shall be restored to the same condition as existed prior to the excavation. If the City Engineer determines that no emergency occurred or that an excavation permit could have been obtained in advance, the City Engineer shall assess Grantee an amount equal to City staff time and materials and related costs, which shall be paid by Grantee within ninety (90) days after invoice therefore.

It is explicitly understood that the City’s records are not complete and pipelines and appurtenances previously unknown to the City are discovered from time to time. Therefore, by granting this Franchise or approving any such permit the City does not warrant the accuracy of information regarding existing facilities. Grantee shall be fully responsible for the repair and/or replacement of City facilities or components, as required by the City, damaged by Grantee. All repair and replacement work pursuant to this Section shall be completed at Grantee’s sole expense. Nothing herein shall be deemed to make the City or any officer or employee of the City responsible or liable to Grantee or any other person by virtue of approval of permit plans by the City regardless of whether any information or other material is supplied to Grantee by the City pertaining to the location of existing pipelines, facilities or other improvements on, in or under any public property.

ARTICLE 8. REMOVAL OR ABANDONMENT OF FACILITIES

In the event the use of any Pipeline Facilities is discontinued, or no franchise has been obtained or applied for therefore upon expiration or within six months after any termination of this Franchise notwithstanding the above, Grantee shall promptly remove from the streets all Pipeline Facilities involved and repair all existing facilities in place to the pre removal condition.

At the discretion of the City Engineer some or all Pipeline Facilities may be abandoned in- place. Pipeline Facilities to be abandoned in-place shall be purged, cleaned, sectionalized and capped, or abandoned in any other manner as the City Engineer prescribes. The Grantee shall be responsible to obtain written approval from the City Engineer for all abandonments of Pipeline Facilities.

For the purpose of the payment provisions in Article 6 of this Franchise, Pipeline Facilities shall exist as such until (1) inspection reports of the Public Works Construction Services Division indicate the work of removal or abandonment has been done to its satisfaction or (2) in the case of Pipeline Facilities to be abandoned in-place, until the instrument transferring to the City ownership of the Pipeline Facilities has been properly recorded with the County of Orange and a certified copy has been submitted to the City.

ARTICLE 9. ANNUAL CERTIFICATION HAZARDOUS
LIQUID

PIPELINES

At any time, upon Grantor’s request, Grantee shall certify to the City Engineer the total linear footage of its Pipeline Facilities within the City. The certification shall include a breakdown of the footage, size and location of all Pipeline Facilities under Grantee’s control.

Grantee shall also file with the City Engineer, a certificate under penalty of perjury that Grantee has complied with all of the applicable federal, state and local regulations.

ARTICLE 10. RELOCATION REQUESTED OF PIPELINE

FACILITIES

If Pipeline Facilities are requested to be relocated, by any person, firm, entity, association, or corporation (other than by the City or other government agency), the accommodated party shall pay the reasonable cost of such relocation. The accommodated party shall be required to pay the costs of such relocation, including Grantee’s reasonable internal costs and expenses, and such accommodated party shall execute an instrument agreeing to indemnify, defend and hold harmless Grantee and the City from any and all damages or claims caused by such arrangement.

If Pipeline Facilities are requested to be relocated by the City or other government agency the Grantee shall pay the cost of such relocation. Such relocation shall be accomplished in conformity with the written notice of the City Engineer, and if Grantee fails to commence work in compliance with such written notice within ninety (90) days after service of same upon the Grantee, or such longer time as City Engineer deems appropriate, then the City Engineer may cause the work required in said notice to be done by the City or, at the election of the City, by a private contractor. If the City has to relocate the Pipeline Facilities the Grantee agrees to pay all cost attributed to the relocation of Grantee’s Pipeline Facilities.

Grantee agrees to pay to the City, within ninety (90) days after delivery of an itemized bill, the cost of performing such work.

ARTICLE 11. RELOCATION OF CITY FACILITIES

Nothing contained in this Franchise shall be construed to require the City to move, alter or relocate any of its facilities upon said streets, at its own expense, for the convenience, accommodation or necessity of any other public utility, person, firm or corporation, or to require the City, or any person, firm or corporation now or hereafter owning a public utility system of any type or nature to move, alter or relocate any part of its system upon said streets for the convenience, accommodation or necessity of Grantee.

ARTICLE 12. COMPLETION OF WORK

If Grantee fails to complete any work required by the Grantee by the terms of this Franchise within time limits required hereby (or if not specified herein, within a reasonable amount of time), the City may cause such work to be completed by the City or, at the election of the City, by a private contractor. Grantee agrees to pay to the City, within ninety (90) days after delivery of an itemized bill, the cost of performing such work.

ARTICLE 13. BOND

This Franchise is granted on the condition that the Grantee shall at all times during the term of this Franchise and while the Pipeline Facilities are in operation, keep on file with the City a surety bond in favor of the City in the sum of Fifty Thousand Dollars ($50,000) executed by a reputable indemnity company entitled to do business in the State of California. Said bond shall contain the conditions that Grantee shall comply and truly observe, fu1fi11 and perform each and every term and condition of this Franchise, and that in case of any breach of condition of said bond, the whole amount of the sum therein named shall be taken and deemed to be liquidated damages and shall be recoverable from the principal and from the sureties upon said bond. The provisions of this Article 13 shall not exempt Grantee from compliance with any federal, state or local laws, rules and regulations in force during the term hereof.

ARTICLE 14. INSURANCE

Grantee, if it has not already done so, shall procure and keep in effect throughout the duration of this Franchise a policy or policies of liability insurance from an insurance company authorized to do business in California, in an amount not less than (a) Ten Million Dollars ($10,000,000.00) for injury to or death of any person and (b) Ten Million Dollars ($10,000,000.00) for any accident and (c) Ten Million Dollars ($10,000,000.00) for property damage. Said policy or policies shall name the City, its agents and employees as additional insureds. A certificate of insurance and endorsement of thereof shall be presented to the City and shall be filed in the office of the City Clerk.

ARTICLE 15. INDEMNIFICATION BY GRANTEE

Grantee, by the acceptance or use of the franchise hereby granted, agrees to keep and save free and harmless the City, its officers, agents and/or employees, against any and all claims, demands or causes of action which may be asserted, prosecuted or established against them, or any of them, for damage to persons, or property, of whatsoever nature, to the extent arising out of the use by Grantee of the City streets hereunder or arising out of any of the operations or activities of Grantee pursuant to this Franchise, whether such damage shall be caused by Grantee’s negligence or otherwise, excepting therefrom any claim, demand or cause of action arising out of the negligence or willful misconduct of the City, its officers, agents, contractors and/or employees.

ARTICLE 16. ASSIGNMENT

Grantee shall not sell, lease or assign this Franchise or rights or privileges granted hereby, or any of them, without the written consent of the City Council, nor shall this Franchise be sold, leased or assigned except by a duly executed instrument in writing of the assignee covenanting and agreeing to be bound by the terms of this Franchise and the Charter of the City of Anaheim and filed in the office of City Clerk and nothing in this Franchise shall be construed to grant to Grantee any right to sell, lease or assign this Franchise, or any of the rights and or privileges hereby granted, except in the manner aforesaid; provided, however, that the aforesaid provisions of this Article 16 shall not prohibit Grantee from using its Pipeline Facilities for the purpose of transporting for other persons oil, petroleum, gas, gasoline or other hydrocarbon substances, excluding natural gas or water, but in such event Grantee shall be responsible to the City for the full performance and observance of the terms and conditions of this Franchise by itself and such other persons.

ARTICLE 17. DEFAULT

In the event that Grantee shall default in the performance of any the material terms, covenants and/or condition herein, the City may give written notice to Grantee of such default. In the event that Grantee does not commence the work necessary to cure such default within ninety (90) days after such notice is sent or prosecute such work diligently to completion, the City may terminate this Franchise by given written notice thereof to Grantee whereupon this Franchise shall terminate and the rights of Grantee hereunder shall cease and terminate and the Grantee shall execute an instrument of surrender and deliver the same to the City.

No such provision herein made for the purpose of securing the enforcement of the terms and conditions of this Franchise shall be deemed an exclusive remedy, or to afford the exclusive procedure herein provided, in addition to those provided by law, shall be deemed to be cumulative.

ARTICLE 18. SCOPE OF RESERVATION

Nothing herein contained shall ever be construed so as to exempt the Grantee from compliance with City ordinances now in effect or which may be hereafter be adopted. The enumeration herein of specific rights reserved shall not be construed as exclusive, or as limiting the general reservation herein made or as limiting such rights as the City may now or hereafter have in law.

ARTICLE 19. NOTICE

Any notice required to be given under the terms of this Franchise, the manner of service of which is not specifically provided for, may be served as follows:

(a) Upon the City, by serving the City Council, c/o the City Clerk, personally or by addressing a written notice to the City Council, c/o City Clerk, City Hall, 200 South Anaheim Boulevard, Anaheim, California 92805, and depositing such notice in the United States mail, postage prepaid.

(b) Upon Grantee, by addressing a written notice to Grantee addressed to Land Department, SFPP, L.P./Kinder Morgan, Attn: Land Dept., 1001 Louisiana Street, Houston, TX 77002 or such other address as may, from time to time, be furnished in writing by one party to the other and depositing said notice in the United States mail, postage prepaid.

When the service of any such notice is made by mail, the time of such notice shall begin to run from three (3) business days after the date of the deposit of the same in the United States mail.

ARTICLE 20. SUCCESSORS

The terms herein shall inure to the benefit of, or shall bind as the case may be, the successors and assigns of the parties hereto subject, however, to the provisions of Article 16.

ARTICLE 21. RESTRICTION ON SERVICES

Grantee shall not use any of the lines laid pursuant to the provisions of this Franchise for the purpose of acting as a public utility. In the event that Grantee shall violate the provisions of Article 21, the City may give written notice to Grantee of such default. In the event that such default is not cured within ninety (90) days after said notice is sent, the City may declare this Franchise void in accordance with the provisions of Article 17.

ARTICLE 22. ACCEPTANCE OF FRANCHISE

This Franchise is granted and shall be held and enjoyed only upon the terms and conditions herein contained, and Grantee must, within thirty (30) days after adoption of the ordinance granting said Franchise, file with the City Clerk a written acceptance of such terms and conditions. Failure to file written acceptance with the City Clerk within the designated time will void this Franchise.

ARTICLE 23. FORCE MAJEURE

The time, within which Grantee is obligated hereunder to construct, erect, maintain, operate, repair, renew, change the size of and remove the Pipeline Facilities shall be extended for a period of time equal in duration to, and performance in the meantime shall be excused on account of and for and during the period of, any delay caused by strikes, threats of strikes, lockouts, war, threats of war, insurrection, invasion, Acts of God, calamities, violent action of the elements, fire, actions or regulation of any governmental agency, law or ordinance, impossibility of obtaining materials, or other things beyond the reasonable control of Grantee.

ARTICLE 24. SEVERABILITY

The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this Franchise be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Franchise is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Franchise. The City Council hereby declares that it would have passed this Franchise, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.

ARTICLE 25. CERTIFICATION

The City Clerk shall certify to the passage of this Franchise and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim.

ARTICLE 26. EFFECTIVE DATE

This ordinance shall take effect and be in full force thirty (30) days from and after its final passage (the “Effective Date”).

THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the_________ day of _________ 2023, and thereafter passed and adopted at a regular meeting of said City Council held on the _____ day of ____________ , 2023 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CITY OF ANAHEIM

By: ____________________________________

MAYOR OF THE CITY OF ANAHEIM

ATTEST:

______________________________________

CITY CLERK OF THE CITY OF ANAHEIM
Campus
Dr
N Roundtree Ln
N Deerhaven Ln
Kass Dr
N Wildwood Ln
N Shade Tree Ln
N WeepingWillow Ln
Greenhaven Ln
W Almond Tree Ln
W Plum Tree Ln
Shadetree
N Greenhaven Ln
W Orangethorpe Ave
N Parkhaven Dr
Park Haven Dr
N Stoneyhaven Ln
Riverside Fwy
W Parkdale Dr
W Peppertree Dr
Orangethorpe Ave
Artesia Fwy
State Rte 91
Santa Ana Fwy
I- 5
Orange County
Buena Park
Orange County
Buena Park
Orange County
Anaheim
Buena Park
Anaheim
LS-121 / 10" /
Grantor:
!IAgreement Date:

Perm. ROW Width: