HomeMy WebLinkAbout2018-1241
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RESOLUTION NO. 2018-124
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING A JOINT USE AGREEMENT WITH
THE SOUTHERN CALIFORNIA EDISON COMPANY FOR THE RELOCATION OF
COMPANY FACILITIES IN CONNECTION WITH DEVELOPMENT PERMIT
TYPE -D 15-11
WHEREAS, the Southern California Edison Company is the owner in possession of
certain rights of way and easement for electrical facilities by virtue of a Grant of Easement
from Claus M. Sieck and Lotte M. Sieck to Southern California Edison Company, a
corporation, dated September 5, 1931, recorded September 15, 1931, as Instrument No. 99, in
Book 754, Page 149, of Official Records, in the Office of the County Recorder of San
Bernardino County; and
WHEREAS, the City of San Bernardino has acquired easement rights for street and
highway purposes for the construction and/or improvement of Dumas Street in the City of San
Bernardino, County of San Bernardino, State of California; and
WHEREAS, Southern California Edison Company's facilities as now installed and
located within the right of way will interfere with or obstruct the construction, reconstruction,
maintenance or use of said street and the City desires to eliminate such interference or
obstruction.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized to execute the Agreement with
Southern California Edison Company, attached hereto as Exhibit "A" and incorporated herein.
SECTION 2. The above authorization is rescinded if the parties to the agreement fail
to file a fully executed copy of said agreement with the City Clerk within sixty (60) days of
the passage of this Resolution.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING A JOINT USE AGREEMENT WITH
THE SOUTHERN CALIFORNIA EDISON COMPANY FOR THE RELOCATION OF
COMPANY FACILITIES IN CONNECTION WITH DEVELOPMENT PERMIT
TYPE -D 15-11
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
2nd day of May 2018, by the following vote, to wit:
Council Members: AYES NAYS
MARQUEZ
BARRIOS X
VALDIVIA�
SHORETT�
NICKEL
RICHARD
MULVIHILL_
ABSTAIN ABSENT
Georgeann Wanna, CMC, - ty Clerk
The foregoing Resolution is hereby approved this 2nd day of May 2018.
R. Carey Da-, is, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:
2
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 & VALUATION
RP File No. JUA203442181
Serial No. 71359A
Affects SCE DOC. 53780
Service Order: 801609648
SPACE ABOVE THIS LINE FOR RECORDER'S USE
JOINT USE AGREEMENT
THIS AGREEMENT, made and entered into this 2nd day of May , 2018, by
and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called
"Company", and the CITY OF SAN BERNARDINO, a municipal corporation of the State of California,
hereinafter called "City",
WITNESSETH:
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:
A Grant of Easement from Claus M. Sieck and Lotte M. Sieck to Southern California Edison
Company, a corporation, dated September 5, 1931, recorded September 15, 1931, as Instrument No.
99, in Book 754, Page 149, of Official Records, in the Office of the County Recorder of San
Bernardino County,
hereinafter referred to as "Company's Easement"; and
WHEREAS City has acquired easement rights for street and highway purposes for the
construction and/or improvement of Dumas Street in said City of San Bernardino, County of San
Bernardino, State of California, hereinafter referred to as "highway right of way", as shown on the
print attached hereto, marked "Exhibit B" and hereby made a part hereof which said highway right of
way is subject to Company's easement; 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:
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 location", more particularly described in the Exhibit "A", and more particularly
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of San Bernardino
Serial 71359A
RP FILE: JUA203442181
depicted and designated as "area in Joint Use Agreement" on the Exhibit "B", both attached hereto
and by this reference made a part hereof.
Company agrees to rearrange, relocate and reconstruct within said new 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, reconstruction, maintenance or use by City of a
street or highway over, along and upon Company's easement, both in the old location and in the new
location within said highway right of way, upon and subject to the terms and conditions herein
contained.
City acknowledges Company's title to Company's easement in said new 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 use of said street or highway, said new
location for all of the purposes for which Company's easement was acquired, without need for any
further permit or permission from City. Except in emergencies, Company shall give reasonable
notice to City before performing any work on Company's facilities in said new location where such
work will obstruct traffic. In all cases, Company shall exercise due care for the protection of the
traveling public.
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 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. No further permit or permission from City for such rearrangement,
relocation or reconstruction shall be required 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 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 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 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
-2-
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of San Bernardino
Serial 71359A
RP FILE: JUA203442181
or the alteration of existing 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.
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
Melissa Martin
Land Services Agent
Land Management -Eastern Region
Real Properties Department
CITY OF SAN BERNARDINO, a municipal
corporation
inh
I
By:
V/1 //m—
Name:— ANDREA M. MILLER
Title: City Manager
ATTEST:
i
George'An Hanna, CMC, City Clerk
Approved as to form:
GARY D. SAENZ, City Attorney
By: - -
-3-
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of San Bernardino
Serial 71359A
RP FILE: JUA203442181
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 /7 o
On r -zo �t-yefor me, /C!/l%G �i°� a Notary Public,
personal appeared fj�/I ��- &- �h%/J�i. - who proved to me on the
basis of satisfactory evidence to be the persop4er ose namgK is/p&,e"subscribed to the within
instrument and acknowledged to me that she/to@y--executed the same in Jiis%her/weir
authorized capacity(ye<-and that by Jxigrher/ signaturofgro-n the instrument the persop4,sr, or
the entity upon behalf of which the person�cted, 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
g �
VALER E %R. MON7oYR
Notary Pubiie - California
z ,=s San Bernardino County z
Commission # 2159279 n
My Comm Expires Aug 2. 2a20
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 San Aefrwb n0
On MAY 101 u 1 U before me, [Ap-Q I-- J. E5P-OwN a Notary Public,
personally appeared M e U,46p, M A QI) K , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s)>.s ar-e subscribed to the within
instrument and acknowledged to me that h !j eytkff executed the same in his er their
authorized capacity(ies), and that by his-/ er tkeir 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.
CAROL J. BROWN
Commission # 2127030
Signature taw t.
I
Notary Pubuc - Celffornis
Riverside County
My Comm. Expim Oct 15 2019+
no
EXHIBIT "A„
LEGAL DESCRIPTION
JOINT USE AGREEMENT
SERIAL NO.713S9A
THE SOUTHERLY 12.50 FEET OF THE NORTHERLY 20.00 FEET OF THE WESTERLY 369.70 FEET OF THE
EASTERLY 879.44 FEET OF LOT 25 OF BLOCK 54 OF RANCHO SAN BERNARDINO IN THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK
7, PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
ALL AS SHOWN ON EXHIBIT "B" ATTACHED HEREWITH AND MADE A PART HEREOF
CONTAINING 4,621 SQUARE FEET, OR 0.106 ACRES, MORE OR LESS.
PREPARED BY ME OR UNDER MY DIRECTION.
MICHAEL JAWS KNAPTON DATE
P. L.S. 8012
REV: 11/28/2017
Page 1 of 1
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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 & VALUATION
RP File No. JUA203442181
Serial No. 71359A
Affects SCE DOC. 53780
Service Order: 801609648
COPY of Document Recorded at
Sari Bernardino, CA County Recorder
2018-0179032 BK: PG:
05/17/2018 has not been compared with
original. Original will be returned when
process has been completed.
Fee: 29.00 DTT: 0.00 CA-SB2: 75.00
Total: 104.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
JOINT USE AGREEMENT
THIS AGREEMENT, made and entered into this 2nd day of May `, 2018, by
and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called
"Company", and the CITY OF SAN BERNARDINO, a municipal corporation of the State of California,
hereinafter called "City",
WITNESSETH:
0
THAT WHEREAS Company is the owner in
p y possession of certain rights of way and
easement(s) for electrical facilities by virtue of the following easement rights:
A Grant of Easement from Claus M. Sieck and Lotte M. Sleek to Southern California Edison
O
Company, a corporation, dated -September 5, 1931, recorded September 15, 1931, as Instrument No.
99, in Book 754, Page 149, of Official Records, in the Office of the County Recorder of San
Bernardino County,
"Company's
0—
hereinafter referred to as Easement"; and
WHEREAS City has
0
acquired easement rights for street and highway purposes for the
construction and/or improvement of Dumas Street in said City of San Bernardino, County of San
O
Bernardino, State of California, hereinafter referred to as "highway right of way", as shown on the
print attached hereto, marked "Exhibit B" and hereby made a part hereof which said highway right of
way is subject to Company's easement; 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:
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 location", more particularly described in the Exhibit "A", and more particularly
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of San Bernardino
Serial 71359A
RP FILE: JUA203442181
depicted and designated as "area in Joint Use Agreement" on the Exhibit "B", both attached hereto
and by this reference made a part hereof.
Company agrees to rearrange, relocate and reconstruct within said new 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, reconstruction, maintenance or use by City of a
street or highway over, along and upon Company's easement, both in the old location and in the new
location within said highway right of way, upon and subject to the terms and conditions herein
contained.
City acknowledges Company's title to Company's easement in said new 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 use of said street or highway, said new
location for all of the purposes for which Company's easement was acquired, without need for any
further permit or permission from City. Except in emergencies, Company shall give reasonable
notice to City before performing any work on Company's facilities in said new location where such
work will obstruct traffic. In all cases, Company shall exercise due care for the protection of the
traveling public.
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 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. No further permit or permission from City for such rearrangement,
relocation or reconstruction shall be required 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 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 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 subsequerit 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 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
-2-
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of San Bernardino
Serial 71359A
RP FILE: JUA203442181
or the alteration of existing 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.
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
Melissa Martin
Land Services Agent
Land Management -Eastern Region
Real Properties Department
CITY OF SAN BERNARDINO, a municipal
corporation
By:
Name: ANDREA M. MILLER
Title: _City Manager _
ATTEST:
Geo rann Hanna, CMC, City Clerk
Approved as to form:
GARY D. SAENZ, City Attorney
I
B
77
-3-
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of San Bernardino
Serial 71359A
RP FILE: JUA203442181
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 ot:�;^U!!!�
On ��� beforp me, //1011 e- . 44/a G a Notary Public,
person4ify appeared ill< _ ;mac/ who proved to me on the
basis of satisfactory evidence to be the persona hose name(a)-ils/armsubscribed to the within
instrument and acknowledged to me that lv-e-Tshe/tjxe executed the same in Jher/
authorized capacity5esj',and that bye/her/ their signatur4aj-Vh the instrument the persoig&) 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.
VALERIE R. MONTOYA
WITNESS my hand and official seal. Notary Public -California
Z
•'� San Bernardino County z
Commission s 21ug 2, 9 r
My Comm. Expires Aug 2, 2020
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 5JI116 &d no
On MAY 10, "16 before me, Q Lf �' 2 0 a Notary Public,
personally appeared AJEL466A MA"N , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s)iNy a" subscribed to the within
instrument and acknowledged to me thatshe thy executed the same in er .lir
authorized capacity(ies), and that by her thele signature(s) on the instrument the person(s), or
the entity upon behalf of which the persons) 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 111._
M2
CAROL d. BROWN
Cotrtt11dgion i 2127030
Notary Public - Calffornia x
{ Rivmlde County. '
my Comm. Mires Oct U 20191
EXHIBIT "A»
LEGAL DESCRIPTION
JOINT USE AGREEMENT
SERIAL NO. 71359A
THE SOUTHERLY 12.50 FEET OF THE NORTHERLY 20.00 FEET OF THE WESTERLY 369.70 FEET OF THE
EASTERLY 879.44 FEET OF LOT 25 OF BLOCK 54 OF RANCHO SAN BERNARDINO 1N THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK
7, PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
ALLAS SHOWN ON EXHIBIT "B" ATTACHED HEREWITH AND MADE A PART HEREOF
CONTAINING 4,621 SQUARE FEET, OR 0.106 ACRES, MORE OR LESS.
PREPARED BY ME OR UNDER MY DIRECTION.
MICHAEL JA S KNAPTON DATE
P.L.S. 8012
REV.11/28/2017
Page 1 of 1
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WATERMAN AVENUE `� u
5[RlNlkCMIHIRAUI
A EDISON
Southern California Edison Original Cal. PUC Sheet No. 57074-E
Rosemead, California (U 338-E) Cancelling Cal. PUC Sheet No.
Sheet 1
SCHEDULE LS -1 OPTION E,
ENERGY EFFICIENCY -LIGHT EMITTING DIODE (LED) FIXTURE REPLACEMENT
RATE AGREEMENT
Form 14-965
(To be inserted by utility) Issued by (To be inserted by Cal. PUC)
Advice 3241-E R.O. Nichols Date Filed Jun 30, 2015
Decision 14-10-046 Senior Vice President Effective Jun 1, 2016
,Ps Resolution
SOUTHERN CALIFORNIA EDISON COMPANY
SCHEDULE LS -1 OPTION E, ENERGY EFFICIENCY -LIGHT EMITTING DIODE (LED)
FIXTURE REPLACEMENT RATE AGREEMENT
This Schedule LS -1 Option E, Energy Efficiency -Light Emitting Diode (LED) Fixture Replacement Rate
Agreement (Agreement), effective this 2q ra day of M a y
2018 (Effective Date), is entered into between Southern California Edison Company
(SCE) and _ the City of San Bernardino , an SCE customer taking service on
Schedule LS -1 (Applicant), referred to collectively as "Parties," and individually as "Party." This
Agreement provides for SCE, at Applicant's request, to replace the existing street lighting
fixtures serving Applicant's premises with Light Emitting Diode (LED) street lighting fixtures to achieve
energy efficiency benefits for Applicant, as set forth in Special Condition 14, Option E, Energy
Efficiency -Light Emitting Diode (LED) Fixture Replacement, of Schedule LS -1.
The Parties agree as follows:
LED FIXTURES
SCE shall install, own, operate, and maintain LED Fixtures for Applicant as set forth in Exhibit "A"
attached hereto and incorporated herein by this reference. The LED Fixtures provided hereunder
shall at all times remain the property of SCE.
2. LED FIXTURE REPLACEMENT COSTS
2.1 The replacement costs of the LED Fixtures provided hereunder shall be borne by
Applicant.
2.2 Applicant shall pay the charge for the LED Fixtures Replacement rate, which includes an
Energy Efficiency Premium Charge (EEPC) and a Base LED Charge, under Option E of
Schedule LS -1. Applicant elects Option E in lieu of an upfront, one-time payment of the
replacement costs.
2.3 SCE does not guarantee that any energy or bill savings will accrue to Applicant as a result
of the LED Fixture replacements.
3. COMMENCEMENT OF SERVICE
The Parties agree that SCE has the right to charge Applicant, and Applicant has an obligation to
pay SCE, for the charges set forth in Schedule LS -1, Option E, commencing on the date SCE
begins serving the LED Fixtures installed pursuant to this Agreement.
4. TERM AND TERMINATION
4.1 This Agreement shall be effective as of the Effective Date and shall continue for a term of
twenty (20) years from the commencement of service as specified in Section 3 above
(Term).
4.2 Applicant may terminate this Agreement at any time during the Term upon a thirty (30) -
day advance written notice, provided that Applicant, prior to or within the 30 -day advance
notice period, assigns the Agreement to any New Party In (NPI) that owns, rents or
leases the premises served by the street lighting fixtures replaced under this Agreement
and will take service under Option E of Schedule LS -1 effective as of the date of
termination; otherwise, Applicant shall pay a one-time termination charge equal to the
present value of the balance of the EEPC of Option E over the remaining Term. The
present value is determined based on SCE's authorized rate of return on rate base, or
discounted rate of 7.90%.
Form 14-965
06/2016
SOUTHERN CALIFORNIA EDISON COMPANY
SCHEDULE LS -1 OPTION E, ENERGY EFFICIENCY -LIGHT EMITTING DIODE (LED)
FIXTURE REPLACEMENT RATE AGREEMENT
5. AMENDMENTS; ASSIGNMENTS
5.1 Any changes or amendments to this Agreement must be in writing and must be executed
by the Applicant and SCE and, if required, be approved by the California Public Utilities
Commission (Commission).
5.2 Applicant shall not assign this Agreement without the prior written consent of SCE;
provided, however, that Applicant may assign the Agreement pursuant to the terms and
conditions of Section 4.2 above, and the NPI must assume all rights and obligations
under this Agreement for the remaining Term. Any assignment and assumption shall be
in a form acceptable to SCE.
6. NOTICE
Any notice either Applicant or SCE may wish to provide the other regarding this Agreement must
be in writing. Such notice must be either hand -delivered or sent by U.S. certified or registered
mail, postage prepaid, to the person designated to receive notice for the other Party below, or to
such other address as either may designate by written notice. Notices delivered by hand shall be
deemed effective when delivered. Notices delivered by mail shall be deemed effective when
received, as acknowledged by the receipt of the certified or registered mailing.
Applicant:
The City of San Bernardino
(Name)
Public Works Department
(Title)
290 North "D" Street
(Address)
San Bernardino. CA 92401
(City, State, Zip)
7. NONWAIVER
SCE:
Business Customer Division
Southern California Edison Company
2244 Walnut Grove Avenue
Rosemead, CA 91770
The failure of either Party to enforce any of the terms and conditions or to exercise any right or
privilege in this Agreement shall not be construed as a waiver of any such term and conditions or
rights or privileges, and the same shall continue and remain enforce and effect as if no such
failure to enforce or exercise had occurred.
8. SEVERABILITY
In the event that any of the provisions, or portions thereof, of this Agreement are held to be
unenforceable or invalid by the Commission, or any court of competent jurisdiction, the validity
and enforceability of the remaining provisions or any portion thereof shall not be affected.
9. APPLICABLE LAWS, RULES, AND REGULATIONS
This Agreement shall be subject to, and interpreted under the laws, rules, decisions and
regulations of the State of California, without regard to its conflict of laws principles, the
Commission, and SCE's Commission -approved tariffs.
Form 14-965 2
06/2016
SOUTHERN CALIFORNIA EDISON COMPANY
SCHEDULE LS -1 OPTION E, ENERGY EFFICIENCY -LIGHT EMITTING DIODE (LED)
FIXTURE REPLACEMENT RATE AGREEMENT
10. CALIFORNIA PUBLIC UTILITIES COMMISSION JURISDICTION
10.1 This is a filed form tariff agreement authorized by the Commission for use by SCE. No
officer, inspector, solicitor, agent or employee of SCE has any authority to waive, alter, or
amend any part of this Agreement except as provided herein or authorized by the
Commission. This Agreement is to be used in conjunction with Schedule LS -1 and
supplements the terms and conditions of the Applicant's electric service under Schedule
LS -1.
10.2 This Agreement shall at all times be subject to such changes or modifications by the
Commission as said Commission may, from time to time, direct in the exercise of its
jurisdiction.
10.3 Notwithstanding any other provisions of this Agreement, SCE has the right to unilaterally
file with the Commission, pursuant to the Commission's rules and regulations, an
application for change in rates, charges, classification, service, or rule or any agreement
relating thereto.
11. ENTIRE AGREEMENT
This Agreement, including SCE's Commission -approved tariffs, constitutes the complete
agreement and understanding between the Applicant and SCE regarding the LED Fixtures
replacement costs. Prior agreements, representations, understandings, whether expressed or
implied, and communications, oral or written, between the Applicant and SCE shall not be
construed to be a part of this Agreement.
12. AUTHORIZATION SIGNATURE
In witness whereof, the Parties hereto have caused this Agreement to be signed by their duly
authorized representatives,
APPLICANT
BY.
.NAME: v kd(cf—
TITLE:!
I
DATE SIGNED
BY:
NAME: Q 416 `" Fcnr.re
TITLE: JP, p�rn't t;ur
DATE SIGNED: 5 �'2 7
Form 14-965 3
06/2016
SOUTHERN CALIFORNIA EDISON COMPANY
EXHIBIT "A"
SCHEDULE LS -1 OPTION E,
ENERGY EFFICIENCY -LIGHT EMITTING DIODE (LED) FIXTURE REPLACEMENT
APPLICANT
City of San Bernardino
CUSTOMER ACCOUNT NO
See Attached
SERVICE ACCOUNT NO.
See Attached
(Additional account numbers/addresses may be attached hereto.)
SERVICE ADDRESS
See Attached
- - - - - - -- --- - -- - -
APPLICANT REQUESTED READY TO SERVE DATE
SCE READY TO SERVE DATE
DESCRIPTION OF LED FIXTURES/SCOPE OF WORK: SPECIFY HOW MANY STREET LIGHTING
FIXTURE REPLACEMENTS ARE BEING REQUESTED AND AGREED TO UNDER THIS
AGREEMENT AND OTHER RELEVANT DETAILS.
W.O. No(s):
Form 14-965 4
06/2016
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