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HomeMy WebLinkAboutAGMT - Southern California Edison (Edison Park Temp Entry Permit) • Acct No. 2010 Property No. PO.1DA796F64 TEMPORARY ENTRY PERMIT m Permission is given to City of Seal Beath ( Permittee) to enter upon Southern California Edison's (SCE) Alamitos -Del Amo Transmission Line Right of Way property located north of College Park Dr. in the city Seal Beath (Premises). PURPOSE: public park and community garden purposes only. TERM: Commencing August 1, 2005 and ending December 31, 2005 or until a subsequent license is executed. SUBJECT TO: Licenses from SCE and all other licenses, covenants, conditions, restrictions, reservations, dghs and easements whether of record or not. LNDEMNIFICATION /INSURANCE: Permittee agrees, for itself, and for its and their agents and employees and any person or persons claiming under the Permittee, to save harmless and indemnify SCE, its successors and assigns, and its and their officers, agents, employees, tenants, licensees and Permittees from and against all claims, demands, loss, damage, actions, causes of action, expense and /or liability arising or growing out of loss of or damage to property including the property of SCE, its successors and assigns, and is and their officers, agents, employees, tenants, licensees, and Pennitrees or injury to or death of persons resulting in any manner, directly or indirectly, from the maintenance, use, operation, repair or presence of said use: Permittee further agrees to insure its liabilities, which may arise from its activities hereunder by the purchase of A. A Commercial General Liability Insurance policy with a Combined Single T imit of not less than One Million Dollars. Such insurance shall: name SCE, its officers, agents and employees as additional insureds, but only. for Pe>mitree's acts or omissions; (11) be primary for all purposes and (vi) contain standard cross- liability B. Workers' Compensation with statutory limits, in accordance with the laws of : the State of California and Employer's Liability with limits of not less than One .Million Dollars. ,Permittee .shall require its insurer to waive all rights of subrogation against SCE,. is officers, agents and employees, except for any liability resulting from the willful or gross negligent acts of the SCE. C. Commercial Automobile Insurance with a combined single limit of One Million Dollars. Such insurance shall: () cover the use of owned, non-owned and hired vehicles on the Premises and (u) name SCE, is officers, agents and employees • as additional insureds. • Permittee shall provide SCE with proof of such insurance by submission of certificates of insurance prior to entry. WARRANTY: It is expressly understood and agreed that Permittee takes the Premises as is,-and that SCE makes no representation, covenant, warranty or promise that the said Premises are fit for any particular use 'which this agreement was entered into and Peffiittest has not relied on any such representation, covenant, warranty or promise. FEE: GRATIS • ASSIGNMENT: This permit is for the sole use and privilege of Permittee and cannot be assigned or transferred. Any attempt to do so may render this permit voidable at SCE's discretion. _ - TERMINATION: This permit is revocable immediately at the sole option and discretion of SCE and the Permittee agrees to peaceably surrender the Premises upon written or oral demand by SCE or its authorized representative. AUTHORITY: This permit is issued subject to General Order No. 69—C of the Public Utilities Commission of the State of California dated and effective _Tidy 10, 1985, incorporated herein by this reference. Permittee agrees to comply with all applicable federal, state, and lo::ai laws and regulations. RESTRICTIONS: 1. Permittee agrees that any equipment used on the Premises shall be used so as to maintain a minimum clearance of twenty five (25) feet from all SCE structures and a minimum clearance of twenty five (25) feet from all overhead electrical conductors located on said Premises. • 2. Permittee shall provide SCE with adequate access to all of SCE's facilities and at no time is there to be any interference with the free movement of SCE's equipment and materials. 3. Permittee will not repair or refuel, or permit to be repaired or refueled, any vehicles or mechanized equipment within the Premises. Permittee further agrees not to park or store any motor vehicles nor to allow the parking or storage of any motor vehicles directly underneath or within ten (10) feet of the "drip line" of any overhead electrical conductors. 4. Permittee agrees to lock or close any fences or gates at end of workday and during nonuse of the Premises. 5. Upon termination of this permit the Permittee agrees to restore the Premises to a condition as close as possible to that when they entered upon the Premises. 6. No buildings, structures, or accumulation of flammable or combustible materials or explosives shall be permitted on the Premises. /$boraiY Entry Permit • Acct. No. Page 2 fr • / 7. Permittee shall not engage in, or permit any other parry to engage in, any activity on the Premises that violates any federal, state or local laws, riles or regulations pertaining to hazardous, toxic or infectious materials and /or waste ( "Hazardous Materials "). Permittee shall comply with all applicable federal, state, and local laws, riles, and regulations pertaining to disclosure of '- Hazardous Materials. Permittee shall comply with all applicable federal, state, or local laws, rules, and regulations pertaining io .. the storage and /or discharge of Hazardous Materials. Permittee shall indemnify and hold SCE, its directors, officers, agents and employees and its successors and :assigns harmless from any and all claims, loss, damage, actions, causes of actions, expenses and /or liability arising from leaks of spills of, releases of and /or contamination by or from I Iazardous Materials as defined by applicable laws, rules or regulations, which arise during or after the Permit term, and are attributable to the actions of or failure to act by, Permittee or any person claiming under Permittee. 8. There are numerous sources of power frequency electric and magnetic field (EMF'), including household or building wiring, electrical appliances and electric power transmission and distribution facilities. There have been numerous scientific studies about the potential health effects of EMF. Interest in a potential link between long -term exposures to EMF and certain diseases is based on the combination of this scientific research and public concerns. While some 30 years of research have not yet established EMF as a health hazard, some health authorities have identified magnetic field exposures as a possible human carcinogen. Many of the questions about specific diseases have been successfully resolved due to an aggressive international research program. However, potentially important health questions remain about whether there is a link between EMF exposures in homes or work and some diseases including childhood leukemia and a variety of other adult diseases (e.g adult cancers and miscarriages). While scientific research is continuing on a wide range of questions relating to exposures at both work and in our communities, a quick resolution of the remaining scientific uncertainties is not expected. Since Pemnittee plans to use or otherwise enter SCE's property that is in dose proximity to SCE's electric facilities. SCE wants • to share with Permittee and those who may enter the Premises under this agreement, the information available about EMF. Accordingly, SCE has attached to this document a brochure that explains some basic facts about EMF and that describes SCE's policy on EMF. SCE also encourages you to obtain other information as needed to assist you in understanding the EMF issues with respect to your planned use of the Premises. 9. Pemmittee, their contractors, and employees must have in their possession at all times a copy of this Temporary Entry Permit while on the Premises. Special Conditions: ' I have read and . iderstand and agree to comply with all of 5'vp, SOUTHERN CALIFORNIA the above con • An EDISON INTERNATIONAL Company 1 SiVlre of Permittee . ‘.1 MARTIN MAUCH 1 Right of Way Agent • City of Seal Beach - Corporate Real Estate 211 Eighth St. 14799 Chestnut St. Seal Beach, Ca 90740 Westminster, CA 92683 • Telephone ((5 ) ] -25 7 Date: V (5 43 i�or ,--/ rr Date: g/ 3 i 0' J • . Transmission Design & Right of Way • Date: A :a s 3 2105 Form SCE 2220 Rev. 7 /1/02 Approve! —