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1962-0345RESOLUTION NO. 62R -345 A RESOLUTION OF THE CITY MUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF AN EMERGENCY EQUIPMENT LOAN AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY; AND AUTHORIZING PAYMENT FOR THE USE OF SAID EQUIPMENT. Firmce Dir Dir Pub Util Attorney WHEREAS, the City of Anaheim is desirous of borrowing the hereinafter described equipment for use at the Dowling Sub- station; and WHEREAS, Southern California Edison Company has offered to lend said equipment to the City for the period and upon the terms and conditions set forth in a form of agreement entitled "Emergency Equipment Loan," this day submitted to the City Coun- cil to be made and entered into between the City of Anaheim and Southern California Edison Company, a copy of which agreement is attached hereto and made a part hereof; and WHEREAS, the City Council finds that it would be to the advantage and for the best interest of the City of Anaheim to borrow said equipment upon the terms and conditions set forth in said agreement, and that said agreement should, there- fore, be approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the agreement this day submitted to the City Council by Southern California Edison Company for the lending to the City of a mobile unit, more particularly described as: MAKE: Westinghouse ED I SON NUMBER: 6 KVA RATING: 6,000 VOLTAGE: 66,000/12,000 for use at the Dowling Substation, for the period and upon the terms and conditions set forth in said agreement, a copy of which is attached hereto and made a part hereof, be and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby, authorized to execute said agreement for and on behalf of the City of Anaheim. AND BE IT FURTHER RESOLVED that the Finance Director be, and she is hereby, authorized to pay to said Southern Calif- ornia Edison Company the sum of $100 per day for the use of said equipment for a minimum of 5 days, and for such additional time that said equipment may be used by the City, upon receipt of billing therefor approved by the Utilities Director. -1- THE FOREGOING RESOLUTION is approved and signed by me this 10th day of April, 1962. ATTEST: CI CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 10th day of April, 1962, by the following vote of the members thereof: AYES: COUNCILMEN: Chandler, Coons, Fry and Schutte. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Thompson. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 10th day of April, 1962. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 10th day of April, 1962. (SEAL) MA OR O THE CITY OF ANAHEIM CITY CLERK OF THE CITY OF ANAHEIM EI GENCY EQUIPMENT LOAN SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, lender, hereby agrees to lend to the City of Anaheim, borrower, for the period of April 11, 1962 to April 17, 1962, subject to change or confirmation as to dates, to Mr. H. L. Pearce, Superintendent, Southeast Substation Division, Southern California Edison Company, a mobile unit, hereinafter called "equipment" and described EDIS014 KVA MAKE Nl!MBKR RATING Westinghouse 6 6,000 Borrower agrees: VOLTAGE 66,000/12,000 1. To pay a charge to lender of $100 per day for a minimum of 5 days for this period of use. Said charge is to be pay,%ble upon presentation of bill at end of usage period. 2. In case any repairs are required to any of said equipment from delivery until the Salle is returned and inspected by lender in order to restore the equipment to its original condition at time of loan, that the sarse be made by or under the direction of the lender, and borrower will pay for such repairs upon present_atioe of bills; provided, when the equipment, in the opinion of the lender, cannot be satisfactorily repaired to such original condition, to pay to the lender the value of the same less any selvage value, capon presentation of bill. 3. That at no time during the terra hereof shall any lien resulting directly cr indirectly from the liabilities, obligations, operations or usage of the borrower attached to said equipment and the borrower agrees to hold harmless the lender from any less, liability, coat of expense resulting from said lien or from any defense of the prosecution of such Lien suffered or incurred by the lender; that the same shall at all times remain the personal property of the lender; that the lender shall at all times have access to said eqc "pme t for the purposes of inspection, and in the event of default hereunder may enter and remove the said equipment vherewer situated. 4, T a borrower further agrees to protect and indemnity lender .sga any loss, liability, cos, or expanse (including reasonable attorneyts fees), at`ising directly or indirectly from the borrower's use or operation of said equipment ex- cepting such loss, liability, coat or expense arising from the injury to or death of any employee of lender resulting from any cause other rhar, the rorrower c negligence or willful misconduct. That the equipment hereby loaned is to he located at the bcrrojei t s Dowling Subetatnoa and is not to be moved from said location without the express prior consent of 1eedar given in wetting. Mot charge to the borrower will include costs incurred by Edison in per formance b= Edison personnel of an operation test plus a check test at completion of usage by borrower and will also include the transportation costs of the lender to and from sue•. lender's General Store in Alhamar.a. Keeouted et California, chic day of By St' U:TERN CALIFORNIA EDISON COMPANY CITY OF ANAHEIM Borrower Lender