Resolution No. 100695
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RESOLUTION NO. 10,069
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND RATIFYING THE EXECUTION OF A
WIND STUDY ACCESS AGREEMENT BY AND BETWEEN THE CITY
OF'VERNON AND FRANCES MCNEEL RELATING TO THE WIND
PROJECT
WHEREAS, the City of Vernon (the "City") owns or has rights
to property in the Tehachapi Wind Resource Area of Tehachapi,
California in Kern County (the "City Property") with the potential for
development of a large amount of renewable energy resources; and
WHEREAS, the City is contemplating the development of a wind
power generation facility (the "Project") on the City Property and
desires to enter onto property adjacent to the Project site in order
to undertake certain feasibility studies including, but not limited
to, the construction, operation and maintenance of a meteorological
tower (the "Tower"); and
WHEREAS, Frances McNeel is the owner of property near the
Project site (the "McNeel Property"), and the City desires to enter
into an agreement with Frances McNeel setting forth the terms and
conditions under which the City will be granted access to the McNeel
Property to conduct studies and use the Tower to evaluate the wind
resources for a period of five (5) years at the rate of One Hundred
Fifty Dollars ($150.00) per month; and
WHEREAS, in order to meet the urgent need for access to the
McNeel Property to commence construction of the Tower and conduct the
studies, the City Administrator executed on or about August 31, 2009,
a Wind Study Access Agreement effective August 4, 2009, subject to
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ratification by the City Council; and
WHEREAS, by memo dated September 15, 2009, the City
Administrator recommended that the City ratify the execution of the
Wind Study Access Agreement with Frances McNeel; and
WHEREAS, the City Council of the City of Vernon desires to
approve and ratify the actions of the City Administrator in executing
the Wind Study Access Agreement and the expenditure of funds for
payments due for August and September in accordance with the`
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Wind Study Access Agreement (the "Agreement") effective
August 4, 2009, with Frances McNeel, a copy of which is attached
hereto as Exhibit A and incorporated by reference and ratifies the
City Administrator's actions in executing the Agreement on or about
August.31, 2009 and authorizing the expenditure of $300.00
representing the monthly payments for August and September under the
terms and conditions of the Agreement.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this Resolution and the
transactions herein approved or authorized.
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SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
her certification to be entered in the Book of Resolutions of the
Council of this City.
APPROVED AND ADOPTED this 21st day of September, 2009.
ATTEST:
MANUELA GIRON, City Clerk
Name: Hilario Gonzales
Title: Mayor / � j Drn_�7 0
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 10,069, was
duly passed, approved and adopted by the City Council of the City of
Vernon at a regular meeting of the City Council duly held on Monday,
September 21, 2009, and thereafter was duly signed by the Mayor or
.Mayor Pro-Tem of the City of Vernon.
Executed this day of September, 2009, at Vernon,
California. '
(SEAL)
AAAN�IJALA GIRON, Ci y Clerk
4 -
EXHIBIT A
08/14/2009 13:03 7603220714 DESERT SON -SHINE PAGE 02
WINA SU
,DY.ACCrDSSA EEMEN'1
THIS WIND STUDY ACCESS AGREEMENT (this "Access Agreement") is
entered into as of August 4, 2009 (the "Effective Date'), by and between Frances
McNeel C"Owner'), and the City of Vernon, a Municipal
dal oar 1� corporation and chattered City.
Y ganized and existing udder and by vifte of the Constitution and laws of the State
of California and its Charter (the "City"). Owner and the City are each sometimes
referred to in this Access Agreement as a "Party'', and collectively as the `Parties".
RP AALS:
WHEREAS, the City is the owner of certain real property located in Kom County,
California, as more particularly described on x 'b't A hereto (the "Project Site'), upon
which The City is considering the development of a wind power generation facility (the
"Prrojece); and
WHEREAS, Owner is the owner of certain real property located in Kern County,
Calitbmia, as more Particularly described on EZWbkk hereto (tlte "Property"), which
Property is located in the vicinity of the Prroject Site; and
WHEREAS, to facilitate the City's feasibility studies relating to the contemplated
development of the Project, Owner desires to grant access rights to the City over the
Property for conducting certain studies, including without Umitation the .construction,
Operation and maintenance of a meteorological, tower for wind resource evaluation on the
terms and conditions stated herein.
MBEEME, NT:
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby mutually acknowledged, the Parties agree as follows:
1. Accessghxs. Owner hereby greats an exclusive access, right to the
City over the specific portion of the Property described on Exkb' C hereto for the
construction, operation and maintenance of a meteorological tower (including the
transient use of a SODAR or similar unit) (the "Met Tower Location"), and related
wind -energy evaluation facilities, communication transmission facilities and access roads
.(all such improvements, collectively, the "Met Tower"). Owner also hereby grants to the
City a. non-exclusive right of access on, over and across any and all access routes to and
from the Met Tower Location for purposes of ingress and egress to and fr m the Met
Tower Location, and the right to conduct field surveys for biological, cultural,
paleontological, geological and similar resources on the Property as are reasonably
required to obtain any federal, state or local entitlements required to construct, own,
Operate and maintain the Project.
2. Term and Termination. The term of this Access Agreement shall be
five (5) years, commencing on the Effective Date; provided, however, that the City may
08/14/2009 13:03 7603220714 DESERT SON -SHINE PAGE 03
terminate this AWeenment at any time upon ninety (") days written notice to Owner.
TMS Access Agroement, and the City's rights hereunder, shall not terminate solely
because of abandonment or nortuse of the Met Tower Location by The City,
3. Use of - e es and-�pcatto' -of;Met_ Tower,
exclusive right 3.1 .. I . — see- - The City shall have the
ght to use the Met Tower Location for the purposes descn'bed in this Access
Agreement; provided, however, that Owner shall retain the fight to use the Met Tower
Location and the remainder of the property in any manner which does not interf with
the City's use of the Met Tower Location for the proposes described in Section l above.
The City shall retain title to all unprovements and equipment that comprise the Met Tower,
and shall have the right to remove them from the Met Tower Location, at anytime. Owner
shall have no ownership, lien, security or other interest in the Met Tower; provided,
however, that any Met Tower improvements which have not been removed by the City
from the Met Tower Location within twelve (12) months after the expiration. of the term
of this Access Agreement shall automatically become the property of Owner. Nothing in
this Access Agreement shall be construed as requiring the City to construct or operate the
Met Tower.
3.2 N2,terfe ce. Owner. shall not interfere with or obstruct,
and shall not permit any other party to interfere with or obstruct, the free, unobstructed and
natural wind flow, wind speed or wind direction over and across the entire area of the
Property unless specifically permitted to do so by the City in writing, Owner shall, not
conduct any activity, nor grant any rights to any third party, Whether on the property or
elsewhere, that would interfere in any way with the City, s use of the Met Tower Location
or the rights granted under this Access Agreement,
4, a en# -to -Owner. As considerations for this Access Agreement,
the City shall pay to Owner one hundred fifty Dollars ($150,00) per month during the
term of this Agreement, payable within five (5) days following the Effective Date.
5. O ex's-Representations: Warranties ar�d Covenants.
5.1 Au xi -,auA- x tion: Each person exec utsng this Access
Agreement on behalf of Owner represents and warrants that such person is duly and validly
authorized to do so, and that Owner has the full right and authority.to enter into this Access
Agreement, perform all ofitss-obligations hereunder and grant the interests, herein granted.
5.2 Title Matters. Owner represents and wanrapts to the City that
it owns good and marketable fee simple title to the property.
5.3 azardous-ox:Toxic-Substanees-or-Materials, Owner
represents and warrants that it has not violated, and covenants that it shall not violate, any
federal, state or local law or regulation, relating to the generation, manufacture,
production, use, storage, release, discharge, disposal, transportation or presence of any
substance, material or waste which has been, is now or will be classified as hazardous or
"U� lYl «U' L,D. rJ3 (0VZZZn114 DESERT SON -SHINE PAGE 04
toxic, or which has been, is stow, or will be regulated under past, current or fnt-ure fedeeal,
state or local laws or regulations on or under the Property. Owner shall indemnify The
City against any loss, cost or damage sustained by the City in connection with any such
violation, except to the extent caused by the City.
6. Cooperation, At the City's request and expense, Owner shall (i)
cooperate with the City in its efforts to obtain any permits or authorizations necessary for
the City's coutemPlated use of the Met Tower Location, and (ii) provide any
commercially reasonable estoppel certificate or confirmation that the City's lenders may
reasonably request in connection with any financing relating to the development of the
Project.
7. Confidentiality. Owner shall maintain, the confidentiality of all
information pertaining to the terms and conditions ofthis Access Agreement.
8. Defaults and Remedies. In the event of any alleged default or failure
to perform azry obligation, under this Access Agreement, the non -defaulting Party shall
give the alleged defaulting Party written notice thereof. The defaulting Party shall have a
Period of thirty (30) days from the date of such, notice within which to cure such default,
which period shall be extended to the extent reasonably necessary to complete such cure
so long as the cure was commenced within such thirty (30) day period and thereafter
prosecuted with due diligence. Each Party shall have the right to recover its actual and
consequential damages as a result of any default under this Access Agreement which. is
not cured within the applicable cure period, and this Access Agreement shall be
specifically enforceable.
9. Attorn s' Fees. The prevailing Party in any arbitration or litigation
undertaken in connection with any default under this Access Agreement shall be entitled
to reinnbursement of its:reasonable costs and attorneys' fees incurred in connection
therewith from: the losing Party.
10, Notices. All notices to a Party pursuant to this Access Agreement
must be in writing and shall be sent only by United States Mail (fast class, certified,
return receipt requested); personal delivery; an overnight courier service which keeps
records of deliveries; or facsimile. For purposes of giving notice hereunder, the addresses
and facsimile numbers of the parties are, until changed in the manner hereinafter
provided, the following:
Owner:
Frances McNees
P.O. Box 761
Palm Springs, CA 92263
The City:
The City of Vernon
A.ttza: The City Attorney
4305 Santa Fe Avenue
rOr1 .ZZU114 DL5ERT 5SN-SHINE PAGE 05
Vernon, CA 90058
Facsimile: (323) 826-1438
A Party May change its address and/or facsimile number at anytime by giving written notice
Of such change to the other Party in the manner provided herein. Notices sent by certified
mail shad be deemed given on the date of delivery or attempted delivery as shown on the
return receipt, Notices sent by personal delivery or courier service shall be deemed given on
the date of delivery or refusal to accept delivery. Notices sent by facsimile shall be deemed
given on the date of transmission as shown by the trap emission record generated by the
sending fax machine.
11. Interpretation,. Each Party has reviewed this Access Agreement and
has been given an opportunity to obtain, the assistance of counsel, and any rule of
construction holding that ambiguities are to be resolved agahW the draftg panty shall not
apply in the interpretation of this Access Agreement. The captions of this Access
Agreement are for convenience and reference only, and shall in no way be held to explain,
mad*, amplify or aid in the interpretation, construction or meaning ofthe provisions of
this Access Agreement. ,A, waiver ofa breach ofauy ofthe provisions ofthis Access
Agreement shall not be deemed to be a waiver of any succeeding breach ofthe same or any
other provision of this Access Agreement. Any determination of invalidity or
tmenforceability of any particular clause or provision oftbas Access Agreement shall not
affect the validity or enforceability ofthe remainder of the Access ,A,greement.
12. Controlling j aw. TIds Access Agreement shall be governed and
construed in accordance with the laws ofthe State of Caiifomia.
13. Su�ors and -A SsiQns. This Access Agreement shall inure to the
benefit of, and be binding upon, Owner, the City and their respective heirs, successors and
assigns. The City may freely assign its interest under this Access Agreement without
obtaining the consent of Owner. Upon any such assignment, the City shall be released
fTom all further obligations and liabilities under this Access Agreement. Owner may sell,
mortgage, transfer or lease the Property to others, in each case subject to the terms and
provisions of this Access Agreement and the City's rights hereunder.
14. ntiz�Agreement. This Access Agreement and the attached exhibits
constitute the entire agreement between the parties and shall supersede all other agreements,
whether written or oral, respecting the subject matter of this Access Agreement. No addition
or modification of any term or provision ofthis Access Agreement shall be effective unless
set forth, in writing and signed by an, authorized representative ofthe Parties.
15. Execution in Counter carts. This Access Agreement may be
executed in separate counterparts, each of which shall be deemed an original, but all of
which together shall constitute one and the same agreement.
[Balance of page intentionally left blank.)
VUj 1Yj APU7 y,D. U0 f0UZ.4.4U114 DESERT SON -SHINE - PAGE 66
IN WITNESS WHEREOF, the Parties have executed this Access
Agreement as of the date set forth above.
ATTE
By;
Manuela Giron, C'ty Clerk
OWNER:
FRANCES MCNEEL
By: ;11
�.
=antes McNeel,
Owner
THE CM:
THE CITY OF VERNON
Name: Donal 0' Ca han
Title: City Administrator
Exhibit A
Project Site
U
,,-,XHIBIT A
EXHIBIT A
LEGAL DESCRIPTION
CITY OF VERNON FEE OWNED LAND
Parcel 1: (APN: 153-120-10 & 11)
The East half, Lots 1 and 2 of the Northwest quarter, and Lots 1 and 2 of the Southwest quarter of
Fractional Section 31, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 2: (APN: 153-110-04)
Section 36, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Except all oil, .gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained
in said land, and further reserving to the State of California and persons authorized by the State, the right
to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such
deposits of other minerals from said land and to occupy and use so much of the surface of said land as
may be required therefore, upon compliance with the conditions and subject to the provisions and
limitations. of Chapter 5, Part I, Division 6 of the Public Resources Code, as reserved in Patent recorded
June 10, 1958 in Book 2962, Page(s) 503 of Official Records.
Parcel 3: (APN: 153-110-05)
Section 35, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 4: (APN: 153-180-09)
The East half of Fractional Section 31, Township 29 South, Range 36 East, Mount Diablo Base and
Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat
thereof.
Parcel 5: (APN: 153-180-10)
The West half of Fractional Section 31, Township 29 South, Range 36 East, Mount Diablo Base and
Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat
thereof.
Parcel 6: (APN: 181-190-14)
The East half of Fractional Section 31, Township 30 South, Range 38 East, Mount Diablo Base and
Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat
thereof.
SD\688318.1
Parcel 7: (APN: 181-190-15)
The West half of Fractional Section 31, Township 30 South, Range 37 East, Mount Diablo Base and
Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat
thereof.
Parcel 8: (APN: 181-190-16)
Fractional Section 36, Township 30 South, Range 36'/z East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained
in said land, and further reserving to the State of California and persons authorized by the State, the right
to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such
deposits of other minerals from said land and to occupy and use so much of the surface of said land as
may be required therefor, upon compliance with the conditions and subject to the provisions and
limitations of Chapter 5, Part I, Division 6 of the Public Resources Code, as reserved in Patent recorded
July 29, 1959 in Book 3170, Page(s) 179 of Official Records.
Parcel 9: (APN: 442-010-07)
Section 11, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Except an undivided''/2 interest in all oil, gas and hydrocarbon substances, within or underlying said land,
as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as
joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records.
Parcel 10: (APN: 442-010-04)
Fractional Section 1, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 11: (APN:.442-010-02)
The South half of the South half of Fractional Section 2, Township 30 South, Range 34 East, Mount
Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to
the Official Plat thereof.
Except an undivided '/z interest in all oil, gas and hydrocarbon substances, within or underlying said land,
as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as
joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records.
Parcel 12: (APN: 442-030-05)
Section 13, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
SD\688318.1
Parcel 13: (APN: 442-030-03)
Section 14, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Except all the coal and other minerals in the land so patented together with the right to prospect for, mine
and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 (Stat.
862) as reserved by the United States of America in the Patent recorded December 24, 1923 in Book 22,
Page(s)19 of Official Records.
Parcel 14: (APN: 443-010-02)
Section 23, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 15: (APN: 444-010-01)
Fractional Section 3, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 16: (APN: 444-010-04)
Lots ] and 2 of the Northeast quarter; and the South half of the Northeast quarter; and the Southeast
quarter, of Fractional Section 2, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in
the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 17: (APN: 444-02046)
Fractional Section 7, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 18: (APN: 444-020-14)
The North half of the North half of Section 8, Township 30 South, Range 35 East, Mount Diablo Base
and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official
Plat thereof.
Except and reserving to the United States, pursuant to the provisions of the Act of August 1, 1946 (60
Stat. 755), all uranium, thorium or any other materials which is or may be determined to be peculiarly
essential to the production of fissionable materials, whether or not of commercial value, together with the
right of the United States through it's authorized agents or representatives at any time to enter upon the
lands and prospect for, mine and remove the same as reserved in the Patent from the United States of
America, recorded April 27, 1949 in Book 1612, Page(s) 130 of Official Records.
Parcel 19: (APN: 444-020-03)
Fractional Section 5, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
SD\688318.1
Parcel 20: (APN: 444-020-09)
The West half of the Northeast quarter of the Southwest quarter of the Southeast quarter, and the West
half of Section 9, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 21: (APN: 444-010-13)
The North half of the Northeast quarter, the Southwest quarter of the Northeast quarter, the Southeast
quarter of the Northwest quarter, the West half of the Southeast quarter, and the East half of the
Southwest quarter, of Section 10, Township 30 South, Range 35 East, Mount Diablo Base and Meridian,
in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 22: (APN: 444-030-06)
The East half of the Southeast quarter, the Southwest quarter of the Southeast quarter of Section 14,
Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area,
County of Kern, State of California, according to the Official Plat thereof.
Parcel 23: (APN: 444-010-10)
Section 11, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 24: (APN: 444-030-01)
Section 15, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 25: (APN: 444-030-08)
Section 13, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated
Area County of Kern, State of California, according to the Official Plat thereof.
Parcel 26: (APN:444-040-02)
Section 17, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 27: (APN: 444-040-09, 11 and 13)
The West half of the Northeast quarter, the East half of the Northeast quarter, the North half of the
Southeast quarter, the South half of the Southeast quarter, and the Southwest quarter of Section 16,
Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area,
County of Kern, State of California, according to the Official Plat thereof.
Parcel 28: (APN: 444-040-15)
Section 21, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
SD\688318.1
Parcel 29: (APN: 444-030-11)
Section 23, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 30: (APN: 444-060-05)
The North half of Section 28, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in
the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel31: (APN: 444-070-01 & 02)
Fractional Section 3, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 32: (APN: 444-080-05)
The North half of Fractional Section 5, Township 30 South, Range 36 East, Mount Diablo Base and
Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat
thereof.
Parcel 33: (APN: 444-080-06)
The South half of Fractional Section 5, Township 30 South, Range 36 East, Mount Diablo Base and
Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat
thereof.
Parcel 34: (APN: 444-080-11)
The West half, and the Southwest quarter of the Southeast quarter of Section 8, Township 30 South,
Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of
California, according to the Official Plat thereof.
Parcel 35: (APN: 444-080-09)
Section 9, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 36: (APN: 444-080-01 & 02)
Fractional Section 6, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 37: (APN: 444-080-13 & 15)
Fractional Section 7, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
SD\688318.1
Parcel38: (APN: 444-090-01)
Section 15, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 39: (APN: 444-100-04)
The West half, the West half of the Northeast quarter, the Southeast quarter of the Northeast quarter, and
the Southeast quarter, of Section 16, Township 30 South, Range 36 East, Mount Diablo Base and
Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat
thereof.
Parcel 40: (APN: 444-100-02)
Section 17, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 41: (APN 444-100-07)
Section 21, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 42: (APN: 444-100-10 & 11)
Fractional Section 19, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 43: (APN: 444-090-07)
Section 23, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 44: (APN: 444-110-03)
Section 25, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Except a strip of land 200 feet wide granted to the City of Los Angeles by the Southern Pacific Land
Company by Deed recorded March 13, 1920 in Book 346, Page(s) 421 of Deeds.
Parcel 45: (APN: 444-110-08)
Section 35, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 46: (APN: 444-110-06)
The North half of the Northwest quarter, the Southwest quarter of the Northwest quarter, the West half of
the. Southwest quarter, the Southeast quarter of the Southwest quarter, and the East half of Section 36,
Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area,
County of Kern, State of California, according to the Official Plat thereof.
SD\688318.1
Parcel 47: (APN: 443-030-16)
Section 25, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof
Parcel 48: (APN: 444-010-08)
Section 12, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in.the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 49: (APN: 444-040-18 & 19)
Fractional Section 19, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel, 50: (APN: 444-050-04)
Section 25, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 51: (APN: 444-050-01)
Section 27, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 52: (APN: 444-060-03)
Section 29, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 53: (APN: 444-060-08)
Section 33, Township 30 South, Range 35 East, Mount Diablo Base -and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 54: (APN: 444-120-06)
The Southwest quarter of Section 28, Township 30 South, Range 36 East, Mount Diablo Base and
Meridian; in the un-incorporated area; County of Kern, State of California, according to the Official Plat
thereof.
Parcel 55: (APN: 444-120-02)
Section 29, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 56: (APN: 444-010-06)
Fractional Section 1, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
SD\688318.1
v
EXHIBIT B
LEGAL DESCRIPTION
(APN 153-270-03)
The Northeast quarter of the Northwest quarter of the Northeast quarter of Section 35, Township 29
South, Range 34 East, Mount Diablo Meridian, according to the Official Plat of said land approved by the
Surveyor General, February 14, 1887.
SD\688318.1
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CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: September 23, 2009
TO: Donal O'Callaghan, City Administrator
FROM: Nelly Giron, City Clerk
RE: Resolution No. 10,069 — A Resolution of the City Council of the City of Vernon
Approving and Ratifying the Execution of a Wind Study Access Agreement By
and Between the City of Vernon and Frances McNeel Relating to the Wind
Project
Transmitted herewith is a copy of Resolution No. 10,069, referenced above, which was approved
by City Council on September 21, 2009, along with a copy of the fully executed original
agreement.
Thank you.
NG:dj
c: Resolution No. 10,069
Agreement 09-116
08/14/2009 13:03 7603220714 DESERT SON -SHINE PAGE 02
WIND STUDY ACCES. S AGREEMENT
THIS WIND STUDY ACCESS AGREEMENT (this "Access Agreement") is
entered into as of August 4, 2009 (the "Eftective Date"), by and between Frances
McNeel (`'Owner" ), and the City of Veroon, a municipal corporation and chartered City
duly organized and existing under and by virtue of the Constitution and laws of the State
of California and its Charter (the "City"). Owner and the City are each sometimes
referred to in this Access Agreement as a "Party", and collectively as the "Parties".
RECITALS:
WHEREAS, the City is the owner of certain real property located in Kern County,
California, as more particularly described on Exhibit A hereto (the "Project Site'), upon
which The City is considering the development of a wind power generation facility (the
"Project"); and
WHEREAS, Owner is the owner of certain real property located in Kern County,
California, as more particularly described on Exhibit B hereto (the "Property"), which
Property is located in the vicinity of the Project Site; and
WHEREAS, to facilitate the City's feasibility studies relating to the contemplated
development of the Project, Owner desires to grant access Xights to the City over the
Property for conducting certain studies, including without limitation the construction,
operation and maintenance of a meteorological tower for wind resource evaluation on the
terms and conditions stated herein.
AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby mutually acknowledged, the Parties agree as follows:
1. Acc,.,sg_R,ights. Owner hereby grants an exclusive access right to the
City over the specific portion of the Property described on EXWbit C hereto for the
construction, operations and maintenance of a meteorological tower (including the
transient use of a SODA.R or similar unit) (the "Met Tower Location"), and related
wind -energy evaluation facilities, communication transmission facilities and access roads
(all such improvements, collectively, the "Met Tower"). Owner also hereby grants to the
City a non. -exclusive right of access on, over and across any and all access routes to and
from the Met Tower Location for purposes of ingress and egress to and from the Met
Tower Location, and the right to conduct field surveys for biological, cultural,
paleontological, geological and siruilar resources on the Property as are reasonably
required to obtain any federal, state or local entitlements required to construct, own,
operate and maintain the Project.
2. Term and Termination. The term of this Access Agreement shall be
five (S) years, commencing on the Effective Date; provided, however, that the City may
08/14/2009 13:03 7603220714 DESERT SON -SHINE PAGE 03
terminate this Agreement at any tirne upon ninety (90) days written notice to Owner,
This Access Agreement, and the City's rights hereunder, shall not terminate solely
because of abandonment or nonuse of the Met Tower Location by The City.
3. U eqf Premisesiamd-Location-0f Met Tower.
3.1 The C' , 1 taUI pro e . The City shall have the
exclusive right to use the Met Tower Location for the purposes described in this Access
Agreement; provided, however, that Owner shall retain the right to use the Met Tower
Location and the remainder of the Property in any manner which does not interfere with
the City's use of the Met Tower Location for the purposes described in Section 1 above.
The City shall retain title to all improvements and equipment that comprise the Met Tower,
and shall have the night to remove them from the Met Tower Location at any time. Owner
shall have no ownership, lien, security or other interest in the Met Tower; provided,
however, that any Met Tower improvements which have not been removed by the City
from the Met Tower Location within twelve (12) months after the expiration. of the term
of this Access Agreement shall automatically become the property of Owner. Nothing in
this Access Agreement shall be construed as requiring the City to construct or operate the
Met Tower.
3.2 No-er-ference. Owner shall not interfere with or obstruct,
and shall not permit any other party to interfere with or obstruct, the fmc, unobstructed and
natural wind flow, wind speed or wind direction over and across the entire area of the
Property unless specifically permitted to do so by the City in writing. Owner shah, not
conduct any activity, nor grant any tights to any third party, whether on the Property or
elsewhere, that would interfere in any way with the City's use of the Met Tower Location
or the rights granted under this Access Agreement.
4. Pa ent-to-Owner. As consideration for this Access Agreement,
the City shall pay to Owner one hundred fifty Dollars ($150,00) per mouth during the
tern of this Agreement, payable within five (5) days following the Effective Date.
5. Owners -Representations; Warranties and Covextants.
5.1 Au ri-and•Execution: Each person executing this Access
Agreement on behalf of Owner represents and warrants that such person is duly and validly
authorized to do so, and that Owner has the full right and authority to enter into this Access
Agreement, perform all ofits obligations hereunder and grant the interests herein granted.
5.2 Title Matters. Owner represents anal warrants to the City that
it owns good and marketable fee simple title to the Property.
5.3 azardous-or Toxic Substancewr MaT -, term. Owner
represents and warrants that it has not violated, and covenants that it shall not violate, any
federal, state or local law or regulation, relating to the generation, manufacture,
production, use, storage, release, discharge, disposal, transportation or presence of any
substance, material or waste which has been, is now or will be classified as hazardous or
08/14/2009 13:03 7603220714 DESERT SON -SHINE PAGE 04
toxic, or which has been, is now, or will be regulated under past, current or future federal,
state or local laws or regulations on or under the Property. Owner shall indemnify The
City against any loss, cost or damage sustained by the City in connection with any such
violation, except to the extent caused by the City.
6. Cooperation., At the City's request and expense, Owner shall (i)
cooperate with the City in its efforts to obtain any permits or authorizations necessary for
the City's contemplated use of the Met Tower Location, and (ii) provide any
commercially reasonable estoppel certificate or confirmation that the City's lenders may
reasonably request in connection with any financing relating to the development of the
Project.
7. Confidentiality. Owner shall maintain the confidentiality of all
information pertaining to the terms and conditions ofthis Access .Agreement.
8. Defaults and Remedies: In the event of any alleged default or failure
to perform any obligation under this Access Agreement, the non -defaulting Party shall
give the alleged defaulting Panty written notice thereof. The defaulting Party shall have a
period of thirty (30) days from the date of such notice within which to cure such default,
which period shall be extended to the extent reasonably necessary to complete such cure
so long as the cure was commenced within such thirty (30) day period and thereafter
prosecuted with due diligence. Each Party shall have the right to recover its actual and
consequential damages as a result of any default under this Access Agreement which is
not cured within the applicable cure period, and this Access Agreement shall be
specifically enforceable.
9. Attorns' Fees. The prevailing Party in any arbitration or litigation
undertaken in connection with any default under this Access Agreement shall be entitled
to reimbursement of its reasonable costs and attorneys' fees incurred in connection
therewith from the losing Party.
10, Notices. ,All notices to a Party pursuant to this Access Agreement
must be in writing and shall be sent only by United States Mail (first class, certified,
return receipt requested); personal delivery; an overnight courier service which keeps
records of deliveries; or facsimile. For purposes of giving notice hereunder, the addresses
and facsimile numbers of the parties are, until changed in the manner hereinafter
provided, the following;
Owner:
Frances McNees,
P.O. Box 761
Palm Springs, CA 92263
The City:
The City of Vernon
Attn. The City Attorney
4305 Santa Fe Avenue
08/14/2009 13:03 7603220714 DESERT SON -SHINE PAGE 05
Vernon, CA 90058
Facsimile: (323) 826-1438
A Party may change its address and/or facsimile number at any time by giving written notice
of such change to the other Party in the manner provided herein. Notices sent by certified
mail shall be deemed given on the date ofdelivery or attempted delivery as shown on the
return receipt. Notices sent by personal delivery or courier service shall be deemed given on
the date of delivery or refusal to accept delivery. Notices sent by facsimile shall be deemed
given on the date of transmission as shown by the transmission record generated by the
sending fax machine.
11. Interpretation. Each party has reviewed this Access Agreement and
has been given an opportunity to obtain the assistance of counsel, and any rule of
construction holding that ambiguities are to be resolved against the drafting party shall not
apply in the interpretation of this Access Agreement. The captions of this Access
Agreement are for convenience and reference only, and shall in no way be held to explain,
modify, amplify or maid in the interpretation, construction or meaning ofthe provisions of
this Access Agreement. A waiver of a breach of any ofthe provisions of this Access
Agreement shall not be deemed to be a waiver ofany succeeding breach ofthe same or any
other provision of thus Access Agreement. Any determination of invalidity or
unenforceability of any particular clause or provision of this Access Agreement shall not
affect the validity or enfoarceability of the remainder ofthe Access Agreement.
12. Controlling -Law. This Access Agreement shall be governed and
construed in accordance with the laws ofthe State of California.
13. Successors and A ssigns. This Access Agreement shall inure to the
benefit of, and be binding upon., Owner, the City and their respective heirs, successors and
assigns. The City may freely assign its interest under this Access Agreement without
obtaining the consent of Owner. Upon any such assignment, the City shall be released
from all further obligations and liabilities under this Access Agreement. Owner may sell,
mortgage, transfer or lease the Property to others, in each case subject to the terms and
provisions of this Access Agreement and the City's rights hereunder.
14. EntimAgi ent. This Access Agreement and the attached exhibits
constitute the entire agreement between the Parties and shall supersede all other agreements,
whether written or oral, respecting the subject matter of this Access ,Agreement. No addition
or modification of any term or provision of this Access Agreement shall be effective unless
set forth in writing and signed by an authorized representative of the Parties.
15. Execution in Count arts. This Access Agreement may be
executed in, separate counterparts, each of which shall be deemed an original, but all of
which together shall constitute one and the same agreement.
[Balance of page intentionally left blanlLJ
08/14/2009 13:03 7603220714 DESERT SON -SHINE PAGE 06
IN WITNESS WHEREOF, the Parties have executed this Access
Agreement as of the date set forth above.
ATTE
By:
Manuela Giron, C'ty Clerk
OWNER:
FRANCES MCNEEL
By: {
rances McNeel
Owner
THE CITY:
THE CITY OF VERNON
Name: Donal 0' Ca han
Title: City Administrator
Exh
Project Site
EXHIBIT a
EXHIBIT A
LEGAL DESCRIPTION
CITY OF VERNON FEE OWNED LAND
Parcel 1: (APN: 153-120-10 & 11)
The East half, Lots 1 and 2 of the Northwest quarter, and Lots 1 and 2 of the Southwest quarter of
Fractional Section 31, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 2: (APN: 153-110-04)
Section 36, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained
in said land, and further reserving to the State of California and persons authorized by the State, the right
to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such
deposits of other minerals from said land and to occupy and use so much of the surface of said land as
may be required therefore, upon compliance with the conditions and subject to the provisions and
limitations of Chapter 5, Part I, Division 6 of the Public Resources Code, as reserved in Patent recorded
June 10, 1958 in Book 2962, Page(s) 503 of Official Records.
Parcel 3: (APN: 153-110-05)
Section 35, Township 29 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 4: (APN: 153-180-09)
The East half of Fractional Section 31, Township 29 South, Range 36 East, Mount Diablo Base and
Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat
thereof.
Parcel 5: (APN: 153-180-10)
The West half of Fractional Section 31, Township 29 South, Range 36 East, Mount Diablo Base and
Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat
thereof.
Parcel 6: (APN: 181-190-14)
The East half of Fractional Section 31, Township 30 South, Range 38 East, Mount Diablo Base and
Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat
thereof.
SD\688318.1
Parcel 7: (APN: 181-190-15)
The West half of Fractional Section 31, Township 30 South, Range 37 East, Mount Diablo Base and
Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat
thereof.
Parcel 8: (APN: 181-190-16)
Fractional Section 36, Township 30 South, Range 36'/z East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Except all oil, gas, oil shale, coal, phosphate, sodium, gold, silver and all other mineral deposits contained
in said land, and further reserving to the State of California and persons authorized by the State, the right
to drill for and extract such deposits of oil and gas, or gas, and to prospect for, mine and remove such
deposits of other minerals from said land and to occupy and use so much of the surface of said land as
may be required therefor, upon compliance with the conditions and subject to the provisions and
limitations of Chapter 5, Part I, Division 6 of the Public Resources Code, as reserved in Patent recorded
July 29, 1959 in Book 3170, Page(s) 179 of Official Records.
Parcel 9: (APN: 442-010-07)
Section 11, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Except an undivided I/2 interest in all oil, gas and hydrocarbon substances, within or underlying said land,
as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as
joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records.
Parcel 10: (APN: 442-010-04)
Fractional Section 1, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 11: (APN: 442-010-02)
The South half of the South half of Fractional Section 2, Township 30 South, Range 34 East, Mount
Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of California, according to
the Official Plat thereof.
Except an undivided''/2 interest in all oil, gas and hydrocarbon substances, within or underlying said land,
as granted to J.C. Walser, also known as John Caswell Walser and Blanche Walser, husband and wife as
joint tenants, in Deed recorded July 9, 1937 in Book 731, Page(s) 490 of Official Records.
Parcel 12: (APN: 442-030-05)
Section 13, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
SD\688318.1
Parcel 13: (APN: 442-030-03)
Section 14, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Except all the coal and other minerals in the land so patented together with the right to prospect for, mine
and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 (Stat.
862) as reserved by the United States of America in the Patent recorded December 24, 1923 in Book 22,
Page(s) 19 of Official Records.
Parcel 14: (APN: 443-010-02)
Section 23, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 15: (APN: 444-010-01)
Fractional Section 3, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 16: (APN: 444-010-04)
Lots 1 and 2 of the Northeast quarter; and the South half of the Northeast quarter; and the Southeast
quarter, of Fractional Section 2, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in
the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 17: (APN: 444-020-16)
Fractional Section 7, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 18: (APN: 444-020-14)
The North half of the North half of Section 8, Township 30 South, Range 35 East, Mount Diablo Base
and Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official
Plat thereof.
Except and reserving to the United States, pursuant to the provisions of the Act of August 1, 1946 (60
Stat. 755), all uranium, thorium or any other materials which is or may be determined to be peculiarly
essential to the production of fissionable materials, whether or not of commercial value, together with the
right of the United States through it's authorized agents or representatives at any time to enter upon the
lands and prospect for, mine and remove the same as reserved in the Patent from the United States of
America, recorded April 27, 1949 in Book 1612, Page(s) 130 of Official Records.
Parcel 19: (APN: 444-020-03)
Fractional Section 5, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
SD\688318.1
Parcel 20: (APN: 444-020-09)
The West half of the Northeast quarter of the Southwest quarter of the Southeast quarter, and the West
half of Section 9, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 21: (APN: 444-010-13)
The North half of the Northeast quarter, the Southwest quarter of the Northeast quarter, the Southeast
quarter of the Northwest quarter, the West half of the Southeast quarter, and the East half of the
Southwest quarter, of Section 10, Township 30 South, Range 35 East, Mount Diablo Base and Meridian,
in the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 22: (APN: 444-030-06)
The East half of the Southeast quarter, the Southwest quarter of the Southeast quarter of Section 1.4,
Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area,
County of Kern, State of California, according to the Official Plat thereof.
Parcel 23: (APN: 444-010-10)
Section 11, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 24: (APN: 444-030-01)
Section 15, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 25: (APN: 444-030-08)
Section 13, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated
Area County of Kern, State of California, according to the Official Plat thereof.
Parcel 26: (APN: 444-040-02)
Section 17, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 27: (APN: 444-040-09, 11 and 13)
The West half of the Northeast quarter, the East half of the Northeast quarter, the North half of the
Southeast quarter, the South half of the Southeast quarter, and the Southwest quarter of Section 16,
Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated area,
County of Kern, State of California, according to the Official Plat thereof.
Parcel 28: (APN: 444-040-15)
Section 21, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
SD\688318.1
Parcel 29: (APN: 444-030-11)
Section 23, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 30: (APN: 444-060-05)
The North half of Section 28, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in
the un-incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 31: (APN: 444-070-01 & 02)
Fractional Section 3, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 32: (APN: 444-080-05)
The North half of Fractional Section 5, Township 30 South, Range 36 East, Mount Diablo Base and
Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat
thereof.
Parcel 33: (APN: 444-080-06)
The South half of Fractional Section 5, Township 30 South, Range 36 East, Mount Diablo Base and
Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat
thereof.
Parcel 34: (APN: 444-080-11)
The West half, and the Southwest quarter of the Southeast quarter of Section 8, Township 30 South,
Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area, County of Kern, State of
California, according to the Official Plat thereof.
Parcel 35: (APN: 444-080-09)
Section 9, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 36: (APN: 444-080-01 & 02)
Fractional Section 6, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 37: (APN: 444-080-13 & 15)
Fractional Section 7, Township, 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
SD\688318.1
Parcel 38: (APN: 444-090-01)
Section 15, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 39: (APN: 444-100-04)
The West half, the West half of the Northeast quarter, the Southeast quarter of the Northeast quarter, and
the Southeast quarter, of Section 16, Township 30 South, Range 36 East, Mount Diablo Base and
Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat
thereof.
Parcel 40: (APN: 444-100-02)
Section 17, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 41: (APN 444-100-07)
Section 21, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 42: (APN: 444-100-10 & 11)
Fractional Section 19, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 43: (APN: 444-090-07)
Section 23, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 44: (APN: 444-110-03)
Section 25, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Except a strip of land 200 feet wide granted to the City of Los Angeles by the Southern Pacific Land
Company by Deed recorded March 13, 1920 in Book 346, Page(s) 421 of Deeds.
Parcel 45: (APN: 444-110-08)
Section 35, Township 30 South, Range 36 East, Mount Diablo Base and Meridian,in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 46: (APN: 444-110-06)
The North half of the Northwest quarter, the Southwest quarter of the Northwest quarter, the West half of
the. Southwest quarter, the Southeast quarter of the Southwest quarter, and the East half of Section 36,
Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated area,
County of Kern, State of California, according to the Official Plat thereof.
SD\688318.1
Parcel 47: (APN: 443-030-16)
Section 25, Township 30 South, Range 34 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof
Parcel 48: (APN: 444-010-08)
Section 12, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 49: (APN: 444-040-18 & 19)
Fractional Section 19, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
Parcel.50: (APN: 444-050-04)
Section 25, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 51: (APN: 444-050-01)
Section 27, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 52: (APN: 444-060-03)
Section 29, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 53: (APN: 444-060-08)
Section 33, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 54: (APN: 444-120-06)
The Southwest quarter of Section 28, Township 30 South, Range 36 East, Mount Diablo Base and
Meridian, in the un-incorporated area, County of Kern, State of California, according to the Official Plat
thereof.
Parcel 55: (APN: 444-120-02)
Section 29, Township 30 South, Range 36 East, Mount Diablo Base and Meridian, in the un-incorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 56: (APN: 444-010-06)
Fractional Section 1, Township 30 South, Range 35 East, Mount Diablo Base and Meridian, in the un-
incorporated area, County of Kern, State of California, according to the Official Plat thereof.
SD\688318.1
EXHIBIT B
LEGAL DESCRIPTION
(APN 153-270-03)
The Northeast quarter of the Northwest quarter of the Northeast quarter of Section 3 5, Township 29
South, Range 34 East, Mount Diablo Meridian, according to the Official Plat of said land approved by the
Surveyor General, February 14, 1887.
SD\688318.1
EXHIBIT C
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S E F 1 5 2009-
cm aws OFFICE STAFF REPO R
CITY ADMINISTRATION OFFICE 1
DATE: September 15, 2009
TO: Honorable Mayor and City Council t l—
FROM: Donal O'Callaghan, City Administrator
RE: Tehachapi Wind Project r
September 21, 2009 Agenda
The City of Vernon ("City) owns or has rights to a large amount of property it purchased
in the Tehachapi area of Kern County (the "Property"). The City is exploring the
feasibility of developing renewable resources, wind and solar, on the Property. As part
of its study, the City wants to determine the suitability of the Property for development
as a wind resource by installing several meteorological towers throughout the Property
to properly assess the velocity, direction, sheer and strength of the wind.
Frances McNeal is the owner of land which is adjacent to some of the Property owned
by the City, and the City is interested in temporarily placing a meteorological tower on
her property to assess the wind characteristics which would help the City to determine
the viability of placing wind turbines on portions of the Property adjacent to her property.
The City and Frances McNeel have executed an access agreement setting forth the
terms and conditions under which Ms. McNeel will grant the City access to her property
to temporarily place a meteorological tower on her property. The installation of the 200
feet tall tower with 8-foot equipment boom arms will take approximately two days, there
is no damage to the property, no heavy equipment to be used and installation crews are
kept to a few individuals utilizing two to three pick-up trucks to bring everything in. Once
the City has collected all the data it needs for the wind resource evaluation, it will
remove the tower from her property.
Recomme0dations:
recommend that the City adopt the resolution ratifying the execution of the Wind Study
Access Agreement with Frances McNeel for a term of five (5) years.
Fiscal_Impact:
$150.00 per month ($1,800 per year for five (5) years).
e
I ti
i
CITY ATTORNEY'S OFFICE
INTER -DEPARTMENT MEMORANDUM
DATA: August 6, 2009
I\
TO: Donal O'Callaghan, City Administrator
FROM: Jeff A. Harrison
RE: Tehachapi Wind Project
Enclosed please .find for your review and approval a Staff Report
relating,, to the adoption of a resolution approving and authorizing;
the execution of a Wind Study Access Agreement with Fiances McNeel,
the owner of the 'property adjacent to the City's Tehachapi property
in Kern 'County.
The Agreement is for five (5)> years at a cost of $150.00 a month
payable to Prances McNeel
If you will require my presence at the City Council meeting where
this will be decided, thenyou will need to place it before the City
Council no sooner than August 31, 2009.''
JH jl
Enclosure
%ga4. /0, U&
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
April 29, 2010
Ms. Frances McNeel
P.O. Box 761
Palm Springs, California 92263
Re: Access Agreement
Dear Ms. McNeel:
On or about August 4, 2009, you entered into a Wind Study Access Agreement
("Agreement ") with the City of Vernon. Said agreement provides payment to you in the
amount of $150 per month ($1,800 per year) for five (5) years, for a total of $9,000.00.
For purposes of simplifying our book keeping, we are going to pay you the balance of the
Agreement in full. Our records indicate that you have been paid $300, to date. Enclosed
herein is a check in the amount of $8,700.00 that represents the remaining balance. This in
no way relieves either party of their obligations regarding the other terms of the Agreement
which will remain in full force and effect for the remainder of said agreement.
If you have any questions or comments, please feel free to contact me.
Yo s truly,
WILLARD G.rGUChief Deputy C
Enclosure
Exclusively Industrial
CITY OF VERNON, LIGHT & POWER
PLEASE DETACH BEFORE DEPOSITING
ACCOUNTS PAYABLE CHECK
NO. 507414