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1962-1003RESOLUTION NOS. 62R 1003 A RESOLUTION OF THE CITY COUNCIL 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. Direct. of P. Wrk Finance Atty WHEREAS, the City of Anaheim is desirous of borrowing the hereinafter described equipment for use at the Hannum 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 Council 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 EDISON NUMBER: 7 KVA RATING: 15,000 VOLTAGE: 69,000/12,000 for use at the Hannum 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 he is hereby, authorized to pay to said Southern California 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. THE FOREGOING RESOLUTION is approved and signed by me this 13th day of November, 1962. ATTEST: OR OF THE CITY OF" t IM 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 13th day of November, 1962, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons. NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 13th day of November, 1962. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 13th day of November, 1962. TY CL 'K OF THE C OF IM EMERGENCY EQUIP€NT LOAN SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, lender, hereby agrees to lend to the City of Anaheim, borrower, for a period of November 13, 1962, to November 19, 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 "equipments' and described MAKE EDISON KVA VOLTAGE NUMBER RATING Westinghouse 7 15,000 69,000/12,000 Borrower agrees: 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 payable upon presentation of bill at end of usage period. The period of use shall be deemed to have begun the day that the equipment is delivered by lender to borrower's premises if said delivery is made prior to twelve o'clock noon on said day, and shall be deemed to have begun on the day following any such delivery made after twelve o'clock noon. Said period of use shall be deemed to have ended on day that borrower notifies lender that its need for equipment has terminated. 2. In case any repairs are required to any of said equipment from delivery until the same is returned and inspected by lender in order to restore the equip- ment to its original condition at time of loan, that the same be made by or under the direction of the lender, and borrower will pay for such repairs upon presentation 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 salvage value, uponpresentation of bill. 3. That at no time during the term hereof shall any lien resulting directly or 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 loss, liability, cost 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 *11 times regain the personal property of the lender; that the lender shall at all times have access to said equipment for the purposes of inspection, and in the event of default hereunder may enter and remove the said equipment wherever situated. 4. The borrower further agrees to protect and indemnify leader against any loss, liability, cost or expense (including reasonable attorney's fees), arising directly or indirectly from the borrower's use or operation of said equipment ex- cepting such loss, liability, cost or expense arising from the injury to or death of any employee of lender resulting from any cause other than the borrower's negligence or willful misconduct. 5. That the equipment hereby loaned is to be located at the borrower's Rannum Substation and is not to be moved from said location without the express prior consent of lender given in writing. 6. The charge to the borrower will include costs incurred by Edison in per- formance by 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 the lender's General Store in Alhambra. Executed at Anaheim A .test: City-Clerk California, this 15th day of November 1962 rower) SOUTHERN CALIFORNIA EDISON COMPANY Lenoir