SCE_Road_Use_Agreement.doc

Temporary Entry Permit Acct. No. 9.7163 Page

Acct Number 9000000007163 (9.7163) temporary entry permit

Permission is given to U.S. Department of Agriculture – Sierra National Forest (Permittee) to enter upon Southern California Edison’s (SCE) property located South and East of Shaver Lake T9S, R25E, Sections 10-12, 14-16, 18, 20, 21, 26-28, 32-35; T10S, R24E, S 1, T10S, R25E,S 2-6, Mount Diablo Meridian, on Assessor Parcel Number 120-070-10U, in the City of Shaver Lake, County of Fresno, State of California (Premises).

purpose: USFS to utilize SCE fee owned access roads for their thinning and slashing. In addition, the USFS will be performing project related road maintenance to the SCE fee owned access.

Permittees use of the Premises for any purpose other than identified in accordance with this Permit, shall be grounds for immediate termination of this Permit as determined by SCE in its sole discretion.

term: Commencing April 15, 2018 Ending 02/28/2019.

subject to: All licenses, covenants, conditions, restrictions, reservations, rights and easements, and/or any other encumbrances on the property, whether of record or not.

indemnification/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 its and their officers, agents, employees, tenants, licensees, and Permittees 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) Commercial General Liability Insurance, with limits not less than $1,000,000 per occurrence.

(b) Commercial Automobile Liability insurance, with limits of liability at the then current amount carried and maintained by the Permittee. Such insurance shall cover the use of owned, non-owned and hired vehicles on the Premises.

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 for which this Permit was entered, into and Permittee has not relied on any such representation, covenant, warranty or promise.

fee: $0.00 - 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 July 10, 1985, incorporated herein by this reference. Permittee agrees to comply with all applicable federal, state, and local laws, permitting, and regulations.

restrictions:

1. Permittee agrees (a) that any equipment used on or adjacent to the Premises (provided said equipment has been approved hereunder) shall be used so as to maintain a minimum clearance of thirty (30) feet from overhead electrical conductors, (b) to maintain the following structure clearances: fifty (50) feet from towers and steel poles, one hundred (100) feet from dead-end towers/poles, twenty-five (25) feet from wood poles and light weight steel poles, and ten (10) feet from anchors/guy wires/guy poles, (c) that no trees are permitted under the overhead electrical conductors or within twenty (20) feet of the “drip line” of the conductors and any tree on the Premises must be maintained to not exceed 15 feet in height.

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. Permittee understands that at any time, SCE may access the Premises to inspect, operate, maintain, replace, and wash its facilities.

3. Permittee may be required to provide and maintain access roads on the Premises, with a minimum usable width of sixteen (16) feet and a curve radius of not less than fifty (50) feet.

4. 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.

5. Permittee agrees to close and lock all gates at end of workday and during nonuse of the Premises, any time leaving the Premises unattended, and at any time where the access gate is out of sight. Additional requirements for securing the Premises may be required by SCE, at the Permittees sole cost and expense.

6. SCE may require Permittee to implement certain safety measures or mitigations as a condition to this Permit, at the sole cost and expense of the Permittee, including but not limited to, providing onsite security, k-rails, and adhering to grounding standards designed by a licensed electrical engineer and installed by a licensed general contractor.

7. Permittee agrees to maintain the Premises in a condition satisfactory to SCE, at the sole cost and expense of the Permitee, including but not limited to, keeping the Premises clean, free from weeds, brush, rubbish, and debris, and repair of any fence or gate damaged during the term of this Permit following the fencing standards approved by SCE.

8. No buildings, structures, or accumulation of flammable or combustible materials or explosives shall be permitted on the Premises. No storage of gasoline, diesel, propane, or any other type of fuel will be permitted on the Premises.

9. Upon termination of this permit the Permittee agrees to restore the Premises to a condition in which it existed prior to Permittee’s use of the Premises in a manner satisfactory to SCE.

10. Permittee shall not engage in, or permit any other party to engage in, any activity on the Premises that violates any federal, state or local laws, rules or regulations pertaining to hazardous, toxic or infectious materials and/or waste (“Hazardous Materials”), including but not limited to, the importing of foreign soils, crushed asphalt and other oil products. Permittee shall comply with all applicable federal, state, and local laws, rules, and regulations pertaining to disclosure of Hazardous Materials. Permittee shall comply with all applicable federal, state, or local laws, rules, and regulations pertaining to 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 Hazardous 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.

11. 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.

12. Since Permittee plans to use or otherwise enter SCE’s property that is in close proximity to SCE’s electric facilities, SCE wants to share with Permittee and those who may enter the Premises under this Permit, 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 Permittee to obtain other information as needed to assist in understanding the EMF issues with respect to the planned use of the Premises.

13. Permittee, their contractors, and employees must have in their possession at all times a copy of this Temporary Entry Permit while on the Premises.

Permittee’s Initials:________________ SIGNATURE AUTHORITY: Each of the persons executing this Permit warrants and represents that he or she has the full and complete authority to enter into this Permit on behalf of the Party for which he or she is signing, and to bind said Party to the permits, agreements, covenants and terms contained herein.

I have read and understand and agree to comply with all of the above conditions.

U.S. Department of Agriculture – Sierra National Forest

29688 Auberry Road

Prather, CA 93651

559/855-5355 x3350

Permittee Signature

Printed Name:

Date:

Form SCE 22-20 Rev. 9/26/16

(Prior Rev. 7/13/15; 9/21/12; 2/23/07)

CINDY CALEMMO

Advisor Real Properties / Land Management Northern 2425 S Blackstone Street Tulare, CA 93274

559/685-3210 cynthia.calemmo@sce.com

Date: