Resolution No. 2010-186RESOLUTION NO. 2010-186
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING THR EXECUTION OF A THIRD AMENDMENT
TO AMENDED AND RESTATED PURCHASE AGREEMENT AND
JOINT ESCROW INSTRUCTIONS BY AND BETWEEN THE CITY
OF VERNON AND RENU RESOURCES, LLC, RELATING TO THE
PURCHASE OF LAND FOR POTENTIAL DEVELOPMENT OF
RENEWABLE RESOURCES, AND RELATED EASEMENT
AGREEMENTS AND OTHER DOCUMENTS
WHEREAS, the City of Vernon (the "City") is a chartered
municipal corporation of the State of California that owns and operates
a system for the generation, purchase, transmission, distribution and
sale of electric capacity.and energy; and
WHEREAS, on August 12, 2008, the City Council of the City of
Vernon adopted Resolution No. 9689 approving the Purchase and Sale
Agreement and Joint Escrow Instructions dated August 13, 2008
(the "Original Agreement"), with ReNu Resources, LLC for the purchase
of property in Kern County in the area known as the Tehachapi Wind
Resource Area (the "Wind Property") for the potential development of
renewable resources; and
WHEREAS, on September 8, 2008, the City Council of the City
of Vernon adopted Resolution No. 9709, which approved and ratified the
execution of a First Amendment to the Original Agreement dated August
28, 2008 and a Second Amendment to the Original Agreement dated
September 4, 2008; and
WHEREAS, on October 6, 2008, the City Council of the City of
Vernon adopted Resolution No. 9734, which approved and ratified the
execution of a Third Amendment to the Original Agreement; and
WHEREAS, on February 23, 2009, the City Council of the City
of Vernon adopted Resolution No.' 9862, which approved the Amended and
Restated Purchase and Sale Agreement and Joint Escrow Instructions (the
"Agreement") dated as of October 8, 2008, mhich amended and restated
the Original Agreement; and
WHEREAS, on November 15, 2010, the City Council of the City
of Vernon adopted Resolution No. 2010-164, which approved and ratified
the execution of a First Amendment to the Agreement dated October 12,
2009, and approved the execution of a Second Amendment to the Agreement
dated as of October 17, 2010; and
WHEREAS, the City desires to enter into a Third Amendment to
the Agreement to extend the expiration of a transmission easement
agreement benefitting the Wind Property; and
WHEREAS, the City desires to approve the Third Amendment to
the Agreement; and
WHEREAS, the City desires.to enter into certain easement
agreements benefitting and burdening the Wind Property pursuant to the
terms of 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 does
hereby find and determine that the recitals contained hereinabove are
true and correct.
SECTION 2: The City Council of the City of Vernon approves,
and hereby authorizes the City Administrator to execute, a Third
Amendment to the Agreement, in substantially the form attached hereto
as Exhibit A, and the City Clerk, or Deputy City Clerk, is hereby
authorized to attest thereto.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the City Administrator to enter into and execute easement
2
agreements benefitting and burdening the Wind Property pursuant to the
Agreement, together with all other agreements and documents the City
Administrator may deem necessary or desirable to effect and carry out
the purposes and intent of the Agreement, and the City Clerk, or Deputy
City Clerk, is hereby authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to take whatever
action is deemed necessary or desirable for the purpose of implementing
and carrying out the purposes of this Resolution and the transactions
herein approved or authorized.
SECTION 5: 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
the City Clerk's certification to be entered in the File of Resolutions
of the Council of this City.
APPROVED AND ADOPTED this 20th day of December, 2010.
Name: Hilario Gonzales
Title: t4Ic - ,
3
STATE OF CALIFORNIA )'
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2010-186, was duly passed, approved and adopted by the City Council
of the City of Vernon at a special meeting of the City Council duly
held on Monday, December 20, 2010, and thereafter was duly signed by
the Mayor or Mayor Pro -Tern of the City of Vernon.
Executed this ?'I""' day of December, 2010, at Vernon, California.
4illard Y ma hi, ity Clerk
(SEAL)
0
EXHIBIT A
THIRD AMENDMENT TO
AMENDED AND RESTATED PURCHASE AND SALE AGREEMENT
AND, JOINT ESCROW INSTRUCTIONS
This THIRD AMENDMENT TO AMENDED AND RESTATED
PURCHASE AND SALE AGREEMENT AND JOINT ESCROW. INSTRUCTIONS (this
"Amendment") is entered into as of December 1., 2010, by and between ReNu RESOURCES,
LLC, a Delaware limited liability company.("ReNu" or "Seller"), and the CITY OF VERNON,
a California chartered . city ("Vernon" or "Buyer"). Seller and Buyer are referred to herein
sometimes individually as a "P�" and collectively as the "Parties."
RECITALS
A. Vernon entered into that certain amended and restated purchase -and sale agreement
dated as of October 8, 2008 (the "Original PSA" ); with ReNu Resources, LLC
("ReNu"), a memorandum of which was recorded by the County Recorder of Kern
County on October 17, 2008. as document number 0208165198. The Original PSA
was amended pursuant to that certain letter agreement dated October 12, 2009 by and
between Vernon and ReNu and subsequently amended pursuant: to that certain second
amendment to amended and restated purchase and sale agreement dated as of October
17, 2010 by and between Vernon. and ReNu (as amended from time to time, the
"RSA"). - Capitalized terms used herein and not otherwise defined shall have the
meanings set forth in the PSA.
B. The Parties desire to amend the PSA as set forth more particularly below.
NOW, THEREFORE, the Parties agree as follows:
AGREEMENT
ARTICLE 1. AMENDMENT
.Extension of Term. In order to extend the deadline for executing and recording the WL Specific
Transmission Easement Agreement, -the last sentence of Section l (d)(i) of the PSA is hereby
modified as follows, Where strike -through indicates deleted text and underline indicates new text:
If the WL Specific Transmission' Easement Agreement (as defined below)
has not been executed and recorded on or before Beeembei--1, 20 10 January 14,
2011 for reasons other than Seller's default. the WL General Transmission
Easement_ Agreement shall expire and be of no further force or effect, and Buyer
shall execute, acknowledge 'where appropriate and deliver any reasonable
documents submitted by 'Seller to release the WL General Transmission Easement
Agreement.
LA\22004013
ARTICLE 2. MISCELLANEOUS
2.1 Amended Agreement. Any reference .to the PSA shall mean a reference to the
PSA as amended by this Amendment. Except as expressly set forth herein, the PSA shall remain
unchanged and in full ' force and effect. The amendments set forth herein are limited to the
specifics hereof and shall not operate as a consent to any further or other matter under the PSA.
This Amendment, and terms and provisions hereof, constitute the entire agreement among the
parties pertaining to the subject. matter hereof and supersedes any and all .prior or
contemporaneous amendments or discussions relating to the subject matter hereof.
2.2 Goveminp, Law. This Amendment shall be governed by and construed in
accordance with the laws of the State of California.
2.3 Counterparts. This Amendment may be executed in one or more counterparts,
each of which is an original, but all of which together constitute one and the same instrument.
'Delivery of an executed counterpart of this Amendment by telefacsimile or other electronic
method shall be equally as effective as delivery of an original executed counterpart of this
Amendment.
2.4 Full Force and Effect. Each Party confirms that the PSA is in full force and effect
and remains a binding obligation of the Parties.
[Signature pages follows]
2
LA\2200401.3
IN WITNESS WHEREOF, the Parties have executed this Third. Amendment to
Amended and Restated Purchase and Sale Agreement and Joint Escrow Instructions as of the
date first above written.
SELLER:
ReNu RESOURCES, LLC
a Delaware limited liability company
By: CIM/Onyx Ranch Manager, LLC
Its Managing Member
By: Renewable Resources Group Holding Company, Inc.
Its Operating Member
By'--1
J.,Ari iller
BUYER:
CITY OF VERNON
,a California chartered city
By:
Mark Whitworth
City Administrator
APPROVED AS TO FORM:
AFFIRMED:
CITY CLERK
By:.
Name: Willard G.- :Yamaguchi
City Clerk
Willard G. Yamaguchi, Interim City Attorney
it O! 4
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
December 22, 2010
Peter Jasinski
Latham & Watkins LLP
355 South Grand Avenue
Los Angeles, CA 90071
Re: 3rd Amendment to Amended and Restated ReNu Purchase Agreement
Dear Mr. Jasinski
Please find enclosed one fully executed original amendment, approved by the City Council of the
City of Vernon on December 20, 2010, through Resolution No. 2010-186.
If you have any questions regarding this matter, please call Mr. Mark Whitworth at (323) 583-
8811 ext. 398.
Very, rely yours,
WILLARD G. YVMGU
City Clerk
WY:dj
c: Mark Whitworth
Rory Burnett
Resolution No. 2010-186
Agreement No. 10-087
Exchtsivefy Industrid
THIRD AMENDMENT TO
AMENDED. AND RESTATED PURCHASE AND SALE AGREEMENT
AND, JOINT ESCROW INSTRUCTIONS
This THIRD AMENDMENT TO AMENDED AND RESTATED
PURCHASE AND SALE AGREEMENT AND JOINT ESCROW. INSTRUCTIONS (this
"Amendment") is entered into as of December 1., 2010, by and between ReNu RESOURCES,
LLC, a Delaware limited liability company.("ReNu" or "Seller"), and the CITY OF VERNON,
a California chartered .city ("Vernon or `Buyer"). Seller and Buyer are referred to herein
sometimes individually as a "Part " and collectively as the "Parties."
RECITALS
A. Vernon entered into that certain amended- and restated purchase -and sale agreement
dated as of October 8, 2008 (the "Original PSA"), with ReNu Resources, LLC
("ReNu"), a memorandum of which was recorded by the County Recorder of Kern
County on October 17, 2008 . as document number 0208165198. The Original PSA
was amended pursuant to that certain letter agreement dated October 12, 2009 by and
between Vernon and ReNu and. subsequently amended pursuant to that certain second
amendment to amended and restated purchase and sale agreement dated as of October
17, 2010 by and between Vernon. and ReNu (as amended from time to time, the
"PSA"). Capitalized terms used herein and not otherwise defined shall have the
meanings set forth in the PSA.
B
The Parties desire to amend the PSA as set forth more particularly below.
NOW, THEREFORE, the Parties agree as follows:
AGREEMENT
ARTICLE 1. AMENDMENT
Extension of Term. In order to extend- the deadline for executing and recording the WL Specific
Transmission Easement, Agreement, the last sentence of Section 1(d)(i) of the PSA is hereby
modified as follows, where strike -through indicates deleted text and underline indicates new text:
If the WL Specific Transmission Easement Agreement (as defined below)
has not been executed and recorded on or before D�eemb.er1, 20 10 January 14.
2011 for reasons other than Seller's default-, the WL General Transmission
Easement. Agreement shall expire and be of no further force or effect, ,and Buyer
shall execute, acknowledge where appropriate and deliver any reasonable
documents submitted by Seller to release the WL General Transmission Easement
Agreement.
ARTICLE 2. MISCELLANEOUS
2.1 Amended Agreement. Any reference .to the PSA shall mean a reference to the
PSA as amended by this Amendment. Except as expressly set forth herein, the PSA shall remain
unchanged and in full force and effect. The amendments set forth herein are limited to the
specifics hereof and shall not operate as a consent to any further or other matter under the PSA.
This Amendment, and terms and provisions hereof, constitute the entire agreement among the
parties pertaining to the subject. matter hereof and supersedes any and all .prior or
contemporaneous amendments or discussions relating to the subject matter hereof.
2.2 Governing Law. This Amendment shall be governed by and construed in
accordance with the laws of the State of California:
2.3 Counterparts. This Amendment may be executed in one or more counterparts,
e ,P of which is an original, but all of which together constitute one and the same instrument.
Delivery of an executed counterpart of this Amendment by telefacsimile or other, electronic
method shall be equally as effective as delivery of an original executed counterpart of this
Amendment.
2.4 Full Force and Effect. Each Party confirms that the PSA is in full force and effect
and remains a binding obligation of the Parties.
[Signature pages follows]
2
LA\2200401.3
IN WITNESS WHEREOF, the Parties have executed this Third. Amendment to
Amended and Restated Purchase and Sale Agreement and Joint Escrow Instructions as of the
date first above written.
SELLER:
ReNu RESOURCES, LLC
a Delaware limited liability company
By: CIM/Onyx Ranch Manager, LLC
Its Managing Member
By: Renewable Resources Group Holding Company, Inc.
Its Operating Member-'-'---*,-
By/
J.,Ari
BUYER:
CITY OF VERNON
,a California chartered city,
By: e1/'tl
M c Whitworth
Administrator
APP 0VED AS JO-.NORM:
AFFIRMED:
CITY CLERK
By:.
Name: Willard am - hi
City Clerk
Willard G. ag ch' Interim City Attorney
DATE:
TO:
FROM:
RE:
STAFF REPORT
City Attorney
December 13, 2010
Honorable Mayor and City Council
Willard G. Yamaguchi, Interim City Attorney
ReNu Resources, LLC
Kern County Property Development
RECOW7
e6
DEC 1 4 2010
CITY CLERK'S lit° UE
,The City of Vernon entered into a Purchase and Sale Agreement and Escrow Instructions dated
August 13, 2008 with ReNu Resources, LLC, for the purchase of property in Kern County for
the potential development of renewable resources. The Agreement was amended three times,
and then amended and restated to consolidate the Agreement and all of the amendments. Under
the Agreement, the City of Vernon has the right to designate transmission and access easements
benefitting the property, and ReNu has the right to designate similar easements burdening the
property. A First Amendment and Second Amendment to the amended and restated Agreement
was executed to extend the deadline for designating the easement routes. A Third Amendment to
the amended and restated Agreement has been negotiated to further extend the deadline. This
Resolution authorizes the execution of the Third Amendment as well as the easement agreements
and other documents deemed necessary or desirable by the City Administrator to carry out the
purposes of the Agreement.
Recommendation
Ii is hereby recommended that the City approve the execution of a third amendment to amended
and restated purchase agreement and joint escrow instructions related to the purchase of land for
potential development of renewable resources.
Direct Dial: 213.891.8180
355 South Grand Avenue
peter.jasinski@lw.com
Los Angeles, California 90071-1MO
Tel: +1.213.485.1234 Fax: + .2,1-
www.lw.com
9.1_87
IERV
L A T H A M& W AT K I N S LLP
FIRM / AFFILIATE OFFICES
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FEB 0 1 2011
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January 31, 2011
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VIA FEDEX
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Willard Yamaguchi, City Attorney
London Silicon valley
The City of Vernon
Los Angeles Singapore
4305 Santa Fe Avenue
Madrid Tokyo
Milan Washington, D.C.
Vernon, California 90058
File No. 037484-0015
Re: ReNu Transmission Easement and Access Easement
Dear Willard,
Please find enclosed the Amended
and Restated Access Easement and License
Agreement and the Amended and Restated Transmission Easement Agreement, in each case
executed by ReNu. The red -flagged pages should be replaced with your original signature pages
before recording. Please let us know if you have any questions or concerns.
Best
Peter M. Jasinsh
of LATHAM &
Enclosures
LLP
,...... _ ..gin_ ..... .. . .:
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
February 3, 2011
Mr. James W. Fitch
Kern County Assessor -Recorder
1115 Truxtun Avenue
Bakersfield, CA 93301-4639
Dear Mr. Fitch:
Transmitted herewith area fully executed Amended and Restated Transmission Easement
Agreement and a fully executed Amended and Restated Access Easement and License
Agreement from ReNu Resources, LLC, for certain real property in the unincorporated areas of
Kern county, as more particularly described on Exhibit B of both_ documents.
Please record said documents and return to the attention of the undersigned.
If you have any questions, you may contact me at (323) 583-8811 Ext. 175.
Very, truly yours,
WILLARD G. YA UC
City Clerk
WGY:dj
Enclosures
c: Peter Jasinski
Resolution No. 2010-186
Agreement File No. 10-087
Exclusively Industrial
TONY ANSOLABEHERE RECORDER'S OFFICE
Assistant Assessor JAMES W. FITCH Telephone: (661)80"448
1655 Chester Avenue
JEANI SMITH
Kerb County Assessor -Recorder Bakersfield, CA93301.5232
tg
Assistant Recorder Visit our website: www.recorder.co,kem.Ca.us
NOTICE OF REJECTED DOCUMENT(S) Date: 2i8i2011
Amt(l): INME j
CITY OF VERNON - CITY CLERK Amt(z):
Amt(3):
4305 SANTA FE AVE CNTE = Check Not To Exceed...
NME = No Money (was) Enclosed
VERNON ICA 90058- _ _
Re: (2) Amended Easements - ReNu Resources ^�
THE DOCUMENT(S) COULD NOT BE RECORDED
FOR THE FOLLOWING REASON(S):
If checked, recording fees appear correct. Please remit fees back with your resubmitted corrected document(s)
El If checked, recording fees are: (this fee includes any additional pages for acknowledgments,
or cover pages) or a fee schedule may be enclosed.
✓ 1.
Additional Rejection Reason(s):
"ortion(s) of text (including maps/drawings) is not legible for recording. Substitute a legible copy for that portion. Note: Although the
ext maybe read, it maybe too "illegible" to scan properly and be legibly reproduced later. [GC 27201]
2, NOTE: Problem areas have been indicated by a red -check on the document(s) for your convenience.
M
ADDITIONAL COMMENTS (IF ANY):
Sincerely, JAMES W. FITCH
Sabrina M.
By: ;Deputy
My Direct Line: 868-6417
Kern County Assessor -Recorder
NOTE. Bylaw, the Recorder's Office is unable to give you legal; advice. Le., help in completing legal forms (Documents,
Preliminary Change of Ownership Reports POOR, etc.), or answering legal questions. Such advice should be obtained from
your legal advisor(s). For assistance in completing the PCOR, contact the Assessor's Office at (661) 868-3485.
Office Control Number: 71970-1 FKRECEIVE10301
IF YOU LEAVE A VOICE NIESSAGE FEB 10 2011
INCLUDE THE OFFICE CONTROL NUMBER ABOVE. r I i;„ "u;va
I
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REMEMBER YOUR RECORDER MUST REDUCE YOUR DOCUMENT TO ABOUT THIS SIZE!
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
The City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
Attn: Willard Yamaguchi, City Attorney
Recording Fee: Exempt pursuant
to California Government Code § 27383
AMENDED AND RESTATED ACCESS EASEMENT AND LICENSE AGREEMENT
THIS AMENDED AND RESTATED ACCESS EASEMENT AND LICENSE
AGREEMENT (this "Agreement") is made as of January 14, 2011 (the "Effective Date'), by
ReNu RESOURCES, LLC, a Delaware limited liability company ("ReNu" or "Grantor") to the
CITY OF. VERNON, a California chartered city ("Vernon" or "Grantee"). Each of Grantor and
Grantee are sometimes referred to herein individually as a "P=" and collectively as the
"Parties". Unless otherwise indicated, capitalized terms have the meanings given them in this
Agreement.
RECITALS
A. ReNu owns that certain real property located in the unincorporated areas of Kern
County, as more particularly described on Exhibit A attached hereto (the "Easement Property").
B. ReNu sold and conveyed to Vernon certain real property located in the
unincorporated areas of Kern county, as more particularly described on Exhibit B attached hereto
(the "Appurtenant Property"), pursuant to that certain Amended and Restated Purchase and Sale
Agreement and Joint Escrow Instructions (the "Original PSA") by and between ReNu and
Vernon and dated as of October 8, 2008, a memorandum of which was recorded by the County
Recorder of Kern County on October 17, 2008 as document number 0208165198. The Original
PSA was amended by that certain letter amendment dated October 12, 2009 from Vernon to
ReNu (the "First Amendment"), and further amended by that certain Second Amendment to
Amended and Restated Purchase and Sale Agreement and Joint Escrow, Instructions dated
October 17, 2010 by and between ReNu and Vernon (the "Second Amendment") and that certain
Third Amendment to Amended and Restated Purchase and Sale Agreement and Joint Escrow
Instructions dated December 1, 2010 (the "Third Amendment"; the Original PSA as amended by
the First Amendment, Second Amendment and Third Amendment, the "PSA").
C. Pursuant to the PSA; the Parties entered into that certain Access Easement and
License Agreement dated October 16, 2008 and recorded by the County Recorder of Kern
County on October 17, 2008 as document number 0208165195 (the "Original Agreement").
D. Pursuant to the Original Agreement, Grantor granted to Grantee, among other
things, a general easement appurtenant to and benefitting the Appurtenant Property, which
allows Grantee to 'designate locations for easements on the Easement Property over which
Grantor will grant Grantee easements required to access utilities and to access or construct roads.
LA\2145419.13
E. The Parties have determined, identified and agreed to such preferred, specific
easement locations, as more particularly described on Exhibit C attached hereto (the "Specific
Easement Locations").
F. The Parties now desire to amend and restate the Original Agreement in order to
put of record the Specific Easement Locations, and to establish the rights and duties of the
Parties with respect to each other and the Easements.
NOW, THEREFORE, in consideration of the foregoing recitals, the. covenants
hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Grantor hereby declares as follows:
AGREEMENT
Section 1. GRANT OF EASEMENTS AND LICENSE.
1.1 Easements. Grantor hereby grants to Grantee and Grantee accepts from Grantor
non-exclusive easements (the "Easements") appurtenant to and benefitting the Appurtenant
Property located in, over, across and through the Specific Easement Locations to permit Grantee
(a) to access Utility Facilities (including the right to construct, operate, maintain, replace,
relocate or remove facilities reasonably necessary for such access, including without limitation
piping, electrical cables and wires (including underground), junction or splice boxes, electrical
energy storage or similar facilities) and (b) to access (or, with the consent of Grantor not to be
unreasonably withheld, construct) roads of any type (dirt, gravel or paved, including for
transportation of cranes, turbines and other equipment and materials used in connection with the
Wind Project (as defined below)), in each case in a manner that is consistent with the Easement
Requirements set forth in Section 1.3 and only to the extent that any such access or related rights
cannot reasonably be provided (including taking into account materially increased costs to
Grantee resulting from using the Appurtenant Property, to access the relevant utilities or
constructing roads on the Appurtenant Property over the costs that would be incurred from using
the Easement Property) on the Appurtenant Property or within or adjacent to the WL, Specific
Transmission Easement Route (as defined in the PSA). Such access is limited to the Specific
Easement Locations. Grantee shall be responsible for all reasonable maintenance of such roads
or other facilities based on Grantee's usage of such improvements. "Utility Facilities" consist of
facilities that provide utility services, including without limitation water, electricity, piping,
drainage and other services typically associated with utility service.
1.1.1 Additional Easement Locations. Pursuant to Section l (e)(v) of the PSA,,
Grantor acknowledges and agrees that Grantee shall have the right from time to time but
no later than December 31, 2012 to designate on the Easement Property additional
Easements subject to the requirements of this Section 1 and said Section l(e)(v) of the
PSA.
1.2 License. Grantor hereby grants to Grantee and Grantee accepts from Grantor an
irrevocable, non-exclusive license, expiring on the first anniversary of the date of
commencement of commercial operation of a wind energy project (the "Wind Project") on the
Appurtenant Property, to access the Easement Property for the purpose of conducting studies,
2
investigations and tests thereon, and the physical components thereof, to the extent reasonably'
related to the development of the Appurtenant Property, in each case in a manner that is
consistent with the Access Requirements set forth in Section 1.3.1 (collectively, the "License").
1.3 Easement Requirements. Notwithstanding any other provision of this. Agreement,
the Easements and License granted herein are subject to the following requirements, rights and
restrictions ("Easement Requirements"):
1.3.1 Access Requirements. (a) Any use of any easement, right-of-way, license
or other access right granted hereunder by its holder shall be subject to reasonable
conditions as the owner of the real property subject to such easement, right-of-way,
license or other access right may impose from time to time, including requirements of
security, safety, insurance, coordination and advance scheduling, and indemnification;
and (b) the use of any easement, right-of-way, license or other access right granted
hereunder by its holder shall not interfere in any material respect with the use of the real
property subject to such easement, right-of-way, license or other access right by the
owner thereof (collectively, the "Access Requirements").
1.3.2 Grantor's Rights.
(a) No provision of this Agreement shall restrict Grantor's right to
cross the Easements or to install roads, utilities, transmission lines or other
improvements parallel to or crossing the Easements, unless the foregoing would
materially interfere with Grantee's intended use of the Easements.
(b) Grantor. and its agents shall be permitted to use any access,
maintenance . or patrol roads installed on the Specific Easement Locations or
serving the Easements unless such use would materially interfere with Grantee's
intended use of the Easements.
(c) The Easements shall generally be non-exclusive, but shall be
exclusive in areas, if any, that by industry practice are exclusive and where
Grantee has provided Grantor with written notice of the same, except that Grantor
shall be entitled to use any roads installed by. Grantor unless such use would
materially interfere with Grantee's intended use of the Easements.
(d) In no event shall the holder of the Easements use the same for
cellular or other telecommunications purposes except to serve solely the benefited
property of the Easements.
(e) Grantor may from time to time request Grantee to amend this
Agreement to exclude any portions of the Easement Property on which Grantor
will be constructing improvements or as to which Grantor otherwise has a need to
exclude from the Easements. Provided Grantor uses commercially reasonable
efforts to provide alternate routes for the Easements, -Grantee shall consent to any
reasonable request and execute an appropriate amendment to this Agreement in
recordable form. Grantor shall reimburse Grantee for any reasonable out-of-
LA\2145419.13
pocket, third party costs incurred by Grantee in connection with documenting and
analyzing any requested amendment to this Agreement.
(f) Grantee acknowledges that it has inspected the Specific Easement
Locations and shall be deemed to have accepted the Specific Easement Locations
"AS IS," in their then condition, and Grantee hereby releases Grantor from any
liability or loss caused by the use of the Easements by Grantee. Grantor shall not
be responsible for and Granteeexpressly releases Grantor from and waives any
claim for loss or damage to person or property (including vehicles) occurring
within the . Easement Property due to theft, vandalism, accident or other cause,
unless such claim, loss or damage is caused by the gross negligence or willful
misconduct of Grantor or any of Grantor's invitees, employees, agents,
contractors or tenants. In no event shall Grantor be liable for consequential
damages for any cause whatsoever.
(g) Except as indicated on Exhibit C, and without limiting the width of
the Specific Easement Locations as specified therein, the width of the corridor of
the Easements specified in this Section 1.1 shall not exceed the industry standard
for such easements at issue.
Section 2. TERM. The term of the Easements (the "Term") shall begin upon the Effective
Date, and shall continue in perpetuity. Each of the Easements granted is irrevocable except as
otherwise specified in this Agreement. The License shall expire on the first anniversary of the
_date of commencement of commercial operation of the Wind Project, and Grantee shall execute,
acknowledge where appropriate and deliver any reasonable documents submitted by Grantor to
release and reconvey the License following its expiration.
Section 3. COST. The use of the Easements shall be at no additional cost paid by Grantee
to Grantor; provided that nothing in this Section 3 shall limit Grantee's obligation to satisfy any
indemnity obligation as part of the Access Requirements.
Section 4. TAXES. Grantee will pay or reimburse Grantor for any transfer taxes assessed in
connection with the granting of the Easements. Grantee shall pay any .increase in the real or
personal property taxes on the Easement Property that is directly attributable to the installation
by Grantee of any roads approved by Grantor or other improvements permitted hereunder (the
"Wind Project Improvements") on the Specific Easement Locations. Grantee shall request that
the Wind Project Improvements be separately assessed and that taxing authorities bill Grantee
directly for taxes' attributable to the Wind Project Improvements. Grantee shall not be liable for
taxes attributable to facilities installed by Grantor or others on the Easement Property (including
on the Specific Easement Locations), to the underlying value of the Easement Property itself or
for any increase due to any other cause. Grantee agrees to reimburse Grantor for any taxes paid
by Grantor that are properly payable by Grantee under the terms of this Agreement. To receive
reimbursement, Grantor must submit any property tax bill to Grantee for reimbursement within
thirty (30) days after Grantor receives the bill from a taxing authority. The Parties agree to fully
cooperate to obtain any available tax reductions, refunds or tax abatements.
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Section 5. GRANTEE'S DUTIES AND REPRESENTATIONS.
5.1 Care and Appearance. Grantee shall at all times maintain the Wind Project
Improvements in a neat, clean and presentable condition. Grantee shall not willfully destroy the.
Easement Property and shall keep the Specific Easement Locations and all Wind Project
Improvements thereon clean and free of debris created by Grantee, its contractors or others
brought on to the Easement Property by Grantee. Grantee shall be responsible for any required
weed control on those portions of Specific Easement Locations that are not used as pasture or
grasslands or actively farmed by Grantor. Grantee shall not use the Specific Easement Locations
for storage of materials or staging of construction, except in connection with staging of
construction of roads consented to pursuant to Section 1.1 hereof or as otherwise permitted
herein.
5.2 , Installation of Underground Facilities by Grantor and Grantee. Grantee and
Grantor agree to consult each other when either Party desires to install underground facilities
such as pipes and wires that will cross Specific Easement Locations. Grantee and Grantor shall
first consult with the other Party and obtain approval of the plans, specifications, exact depths
and locations of the proposed underground facilities before construction. Because of danger of
damage to Grantee's Wind Project Improvements and Grantor's existing improvements (the
"Existing Improvements") and the safety hazard to persons working in the vicinity of Grantee's
Collection Facilities and other equipment, each Party shall give the other at least five (5) days'
notice as to when installation of any such underground facilities is to occur. Each Party shall
coordinate work in these areas to permit the other Party's representative to be present at all times
that. excavation orothertype of sub -surface work is performed, by -such -Party within -these areas.
Each Party agrees to indemnify the other Party against liability for injuries and claims resulting
from such Party's failure to comply with the requirements of .this Section 5.2. If Grantee's
installation of the underground facilities damages Grantor's Existing Improvements, Grantee at
Grantee's expense shall promptly repair the damaged Existing Improvements to the condition
they were in before installation of the underground facilities. If Grantor's installation of the
underground facilities damages Grantee's Wind Project Improvements, Grantor at Grantor's
expense shall promptly repair the damaged Wind Project Improvements to the condition they
were in before installation of the underground facilities.
5.3 Fences and Gates. At Grantor's request, Grantee shall repair or replace any
fences, gates or cattle guards damaged or removed in connection with Grantee's activities on
Easement Property. Fences removed from the Specific Easement Locations, if replaced, shall be
rebuilt by Grantee at its expense in mutually agreeable locations on the Easement Property.
Once completed, all replacement fences, gates and cattle guards shall be owned and maintained
by Grantor. To minimize the need for temporary fencing, Grantor will cooperate with Grantee to
avoid grazing animals on or near the affected Specific Easement Locations during periods -of
construction, maintenance or removal activity by Grantee.
5.4 Insurance and Indemnity. During the term of this Agreement, Grantee shall
maintain policies of general liability insurance, including contractual liability, -completed
operations and products liability coverage with a combined single limit of not less than
$5,000,000 applicable to bodily injury, sickness or death and loss of or damage to property in
any one occurrence and $5,000,000 in the aggregate. Coverage shall be written on an occurrence
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basis (not claims made) and coverage shall be at least as broad as the Insurance Services Office
Commercial General Liability Coverage (occurrence form CG0001). Grantor shall be named by
endorsement. as an additional insured on such general liability policy. Grantee shall furnish
certificates of insurance to Grantor evidencing the insurance required under this Section 5.3.
Each certificate shall provide that thirty (30) days prior written notice shall be given to Grantor `
in the event of cancellation or material change in the' policies. All certificates must contain
reference to the additional insured endorsement as required herein. All insurance shall be placed
with California admitted or licensed insurers ,with a current AM Best's rating of no less than
ANIL
Grantee in accordance with the procedures provided in Section 5.7.2 will indemnify, defend and
hold Grantor harmless against any and all losses, damages, claims, expenses and other liabilities
assertedagainst Grantor by a third party, including, without limitation, reasonable attorneys'
fees, resulting from or arising out of Grantee's exercise of any rights granted to the Grantee
under this Agreement, including (i) any operations of Grantee on the Specific Easement
Locations, (ii) any negligent act or negligent failure to act on the part of Grantee or anyone else
engaged in doing work for Grantee or (iii) any breach of this Agreement by Grantee. This
indemnity agreement does not cover losses of rent, business opportunities, crop production,
profits and the like that may result from Grantor's loss of use of the Specific Easement
Locations.
5.5 Requirements of Governmental Agencies. Grantee shall comply in all material
respects with valid laws applicable to the Wind Project Improvements. Grantee shall have the
right, inits-sole discretion and at its sole expense, to contest the validity or applicability to the
Specific Easement Locations or Wind Project Improvements of any law, ordinance; statute,
order, regulation, property assessment or the like made by any governmental agency or entity.
Grantee shall control any such contest and Grantor shall cooperate with Grantee in every
reasonable way in such contest, at no out-of-pocket expense to Grantor.
5.6 Mechanic's Liens. Grantee shall not permit any default arising out of a
mechanic's lien related to Grantee's use of the Specific Easement Locations under this
Agreement to be filed against the Specific Easement Locations or Easement Property. If Grantee
wishes to contest any such default, Grantee shall, within sixty (60) days after it receives notice of
the default, provide a bond or other security -Grantor may reasonably request or remove such
default from the Specific. Easement Locations in the manner provided by applicable law.
5.7 Hazardous Materials.
5.7.1 Definitions. As used in this Agreement, the terms defined below shall
have the meanings indicated.
5.7.1.1 `Environmental Law" shall mean any federal, state or local law,
statute, ordinance or regulation which imposes any liability on any Grantor,
occupant, lender, mortgagee or party in interest or which places any restriction on
the ownership, occupancy, transferability or use of any real property by reason of
any presence or use of or occurrence regarding any Hazardous Substance,
including, without limitation, the Comprehensive Environmental Response,
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Compensation and Liability Act of 1980 ("CERCLA") 42 U.S.C. Section 9601 et
seq., as amended by Superfund Amendments and Reauthorization Act of 1986
("SARA'), Pub. L. 99-499, 100 Stat. 1613, the Resource, Conservation and
Recovery Act of 1976 ("RCRA"), 42 U.S.C. Section 6901 et seq., the Clean Air
Act ("CAA"), Pub. L. 84-159, as amended by Pub. L. 101-549, 42 U.S.C.
Section 7401 et seq., the Federal Water Pollution Control Act (as amended by the
Clean Water Act of 1977 ("CWA")), 33 U.S.C. Section 1251 et seq., the Toxic
Substances Control Act of 1976 ("TSCA"), 15 U.S.C. Section 2601 et seq.,
California Health and Safety Code, Section 25249.5 et seq., and any
modifications, amendments, and successors to any of the foregoing.
5.7.1.2 "Violation of Environmental Law" shall mean any violation of any
Environmental Law, or any event, occurrence or condition as a consequence of
which, pursuant to any Environmental Law (i) Grantee, Grantor or any occupant
or person having any interest in the Specific Easement Locations shall be liable,
(ii) the Specific Easement Locations shall be subject to any restriction on use,
ownership, transferability or (iii) any remedial work pertaining to Hazardous
Substances shall be required at or in connection with the Specific Easement
Locations.
5.7.1.3 "Hazardous Substance'-' shall include without limitation:
5.7.1.3.1 Those substances included within the definitions of
hazardous substances, hazardous materials, toxic substances, or
"solid waste" in CERCLA, RCRA, Sections 307 and 3-1.1 of CWA, and the
Hazardous Materials Transportation Authorization Act, 49 U.S.C.
Sections 1501 et seq., or in any successors thereto, or in the regulations
promulgated pursuant to said laws;
5.7.1.3.2 Those substances defined as "hazardous waste,"
"extremely hazardous waste," or "restricted hazardous waste" in Sections
25115, 25117, 25122.7, and 25140 of the California Health and Safety
Code, or as "hazardous substances" in Sections 25316 and 25281 of the
California Health and Safety Code, and in the regulations promulgated
pursuant to said laws;
5.7.1.3.3 Those substances listed in the United States
Department of Transportation Table (49 CFR 172.101 and amendments
thereto) or by the Environmental Protection Agency (or any successor
agency) as hazardous substances (40 CFR Part 302 and amendments
thereto);
. 5.7.1.3.4 Petroleum, asbestos, polychlorinated biphenyls,
flammable explosives, radioactive materials, or any material containing
any of the foregoing; and
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5.7.1.3.5 Such other substance, materials, and wastes which
are or become regulated by reason of actual or threatened risk of toxicity
causing injury or illness, under any Environmental Law or other
applicable federal, state, or local law, statute, ordinance, or regulation, or
which are classified as hazardous or toxic under federal, state, or local
laws or regulations.
5.7.2 Indemnification. Grantee shall indemnify, hold harmless, protect, and
with counsel chosen by Grantee defend Grantor and Grantor's directors, officers,
employees, agents, successors and assigns from and against any and all claims,
judgments, penalties, fines, losses, damages, costs, expenses and liabilities, including
attorneys' fees and costs, directly or indirectly arising out of or attributable to any actual
or alleged Violation of Environmental Law by Grantee on the Specific Easement
Locations or any actual or alleged use, generation, manufacture, production, storage,
spillage, release, threatened release, discharge, disposal, or any other presence or
existence of any Hazardous Substance on, under or about the Specific Easement
Locations, or any transportation, migration, or other movement of any Hazardous
Substance from the Specific Easement Locations. This indemnity shall survive the
expiration of the term of this Agreement. In any circumstance in which this indemnity
applies, if Grantee fails to provide a defense as required by this Section 5.7.2, Grantor
may employ its own legal counsel and consultants to prosecute, negotiate, or defend any
such claim, action, or cause of action, and Grantor shall have the right to compromise or
settle the same in good faith without the necessity of showing actual liability therefore,
and without the: consent of Grantee. Grantee shall reimburse Grantor upon demand for
all costs and expenses incurred by Grantor, including the amount of all costs of
settlements entered into in good faith, and the fees and other costs and expenses of such
attorneys and consultants; provided, however, if Grantor enters into a settlement without
Grantee's consent, Grantee shall not be liable to indemnify Grantor unless Grantor
establishes by final judgment of a court of competent jurisdiction that Grantee caused the
damage on account of which settlement payment was made and that the amount of the
settlement was fair and reasonable. Notwithstanding any other provisions in this
Agreement, the indemnity and reimbursement obligations of Grantee set forth in this
Section 5.7.2 shall not apply to (i) any matter directly or indirectly arising out of or
attributable to any actual or alleged violation of Environmental Law or any actual or
alleged use, generation, manufacture, production, storage, spillage, release, threatened
release, discharge; disposal or any other presence or existence of any Hazardous
Substance on, under or about the Specific Easement Locations or any transportation,
migration, or other movement of any Hazardous Substance to or from the Specific
Easement Locations which either (a) was in existence as of the date of this Agreement,
(b) is caused by either Grantor or the grantees, licensees, employees or agents of Grantor
(exclusive of Grantee, its grantees, licensees, employees and agents), and/or (c) is caused
by a third party and is unrelated to Grantee's operations on the Specific Easement
Locations or (ii) any matter brought by Grantor against Grantee independent of a claim
against Grantor by a third party.
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5.7.3 Notice of Actions.
5.7.3.1 Grantee shall give immediate written notice to Grantor of. (i) any
proceeding, inquiry, notice, or other communication by or from any governmental
authority, including, without limitation, the California State Department of Health
Services and the Environmental Protection Agency, regarding the presence or
existence of any Hazardous Substance on, under, or about the Specific Easement
Locations or any migration thereof from or to the Specific Easement Locations or
any actual or alleged Violation of Environmental Law; (ii) all claims made or
threatened against Grantee or the Specific Easement Locations relating to any loss
or injury resulting from or pertaining to any Hazardous Substance or Violation of
Environmental Law; (iii) Grantee's discovery of any occurrence or condition on
any real property that cause the Specific Easement Locations or any part thereof
to be subject to any restrictions on ownership, occupancy, transferability, or use,
or subject the Grantor or any person having any interest in the Specific Easement
Locations to any liability, penalty, or disability under any Environmental Law
including, without limitation, any that cause the Specific Easement Locations or
any part thereof to be classified as "border -zone property" under the provisions of
California Health and Safety Code Sections 25220 et seq. or any regulation
thereunder or in connection therewith; and (iv) Grantee's receipt of any notice or
discovery of any information regarding any actual, alleged or potential use,
manufacture, production, storage, spillage, seepage, release, discharge, disposal or
any other presence or existence of any Hazardous Substance on, under. or about
the Specific Easement Locations - or any Violation of Environmental Law
pertaining to Grantee or the Specific Easement Locations.
5.7.3.2 Immediately upon receipt of the same, Grantee shall deliver to
Grantor copies of any and all orders, notices, permits, applications, reports, and
other communications, documents, and instruments pertaining to the 'actual or
alleged presence of any Hazardous Substance on, under or about the Specific
Easement Locations or Violation of Environmental Law pertaining to Grantee or
the Specific Easement Locations.
5.7.3.3 Grantor shall have the right to join and participate in, as a party if
it so elects, any legal proceedings or actions in connection with the Specific
Easement Locations involving any Hazardous Substance or any Environmental
Law, and Grantee shall reimburse Grantor upon demand for all of Grantor's costs
and expenses in connection therewith, including attorneys' fees, if it .is determined
that Grantee's violation of any Environmental Law caused the damage or
contamination complained of in such legal proceedings or actions.
5.8 Removal of Wind Project Improvements. Grantor shall have no ownership or
other interest in any Wind Project Improvements installed by Grantee on the Specific Easement
Locations, and Grantee shall have the express right, at any time and in its sole discretion, to
remove any Wind Project Improvements (excluding roads) from the Specific Easement
Locations.
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5.9 Water Lines and Existing Improvements. Grantee shall not harm existing
waterlines or other improvements on the Easement Property. Grantee will coordinate with
Grantor to determine the locations of the existing waterlines and improvements. Grantee shall
immediately repair any waterline or improvement it damages.
5.10 Breach by Grantee. Upon a breach by Grantee of its duties under this Agreement,
Grantor shall have all remedies against Grantee that it may have under this Agreement, at law or
in equity (including the right to seek an injunction to compel Grantee to specifically perform its
obligations under this Agreement), provided, however, that Grantor specifically waives any right
it may have to terminate this Agreement or the Easements granted hereunder. No delay or
omission of Grantor to exercise any right or remedy shall be construed as a waiver of any such
right or remedy or of any breach by Grantee.
Section 6. GRANTOR'S DUTIES AND REPRESENTATIONS.
6.1 Grantor's Authority. Grantor is the sole fee interest owner of the Easement
Property including the Specific Easement Locations and has the unrestricted right and authority
to sign this Agreement and to grant Grantee the Easements and other rights granted in this
Agreement. The persons signing this Agreement are all of the persons necessary to grant
Grantee the Easements and other rights granted in this Agreement. When signed by both Parties,
this Agreement constitutes a valid and binding agreement enforceable against Grantor in
accordance with its terms.
6.2 Requirements of Governmental Agencies, No Op osp ition. Grantor shall assist
and fully cooperate with Grantee, at no out-of-pocket expense to Grantor, in complying with or
obtaining any zoning and land use permits and approvals, building permits, environmental
impact reviews or any other approvals required for the financing, construction, installation,
replacement, relocation, maintenance, operation or removal of the Wind Project Improvements,
including execution of applications for such approvals. Grantor shall not oppose, directly or
indirectly (including without limitation assisting any third party directly or indirectly in
opposing) the Wind Project, the environmental clearance for such project or related or similar
projects of Grantee on the Appurtenant Property (including under CEQA and NEPA, or any CEC
equivalent process) or any associated activities or facilities (including without limitation
transmission or gathering systems, interconnection equipment and related system upgrades or
similar matters).
Section 7. FINANCING BY GRANTEE.
7.1 Right to Mortgage. Grantee may, upon notice to Grantor, without Grantor's
consent or approval, mortgage, grant deeds of trust, collaterally assign, or otherwise encumber
and grant security interests in all or any part of its interest in this Agreement, the Easements, the
Specific Easement Locations and the Wind Project Improvements (collectively, its "Wind
Project Assets") in connection with any financing secured by the Appurtenant Property. These
various security interests in all or a part of the Wind Project Assets are collectively referred to as
"Mortgages" and the holders of the Mortgages, their designees and assigns are referred to as.
"Mortgagees". Mortgagees shall use the Wind Project Assets only for the uses permitted under
this Agreement. Mortgagees shall have all rights and remedies allowed them under then existing
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laws except as limited by their individual agreements with Grantee, provided that under no
circumstances shall any Mortgagee have any greater rights of ownership or use of
Easement Property than. the rights granted to Grantee in this Agreement. The term
"Grantee". includes any person or entity which holds the entire grantee's interest under this
Agreement. Grantor agrees to consent in writing to financing documents as may reasonably be
required by Mortgagees, including financing documents typically required in the context of non -
recourse project financings containing, among others, provisions for material notices, extended
cure periods and replacement easement agreements. Except for a Mortgage or pursuant to
Section 9.19 hereof, Grantee shall not assign or otherwise encumber the Wind Project Assets
without Grantor's prior consent, which consent maybe withheld in Grantor's sole discretion.
7.2 Mortgagee Obligations. Any Mortgagee whose interest is held solely for security
purposes shall have no obligation or liability under this. Agreement prior to the time the
Mortgagee directly holds an interest in this Agreement, or succeeds to absolute title to Grantee's
interest. A Mortgagee shall be liable to perform obligations under this Agreement only for and
during the period it directly holds such interest or absolute title.
7.3 Certificates. etc. Grantor shall execute commercially reasonable estoppel
certificates (certifying as to truthful matters, including without limitation that no default then
exists under this Agreement, if such be the case) and consents to assignment as Grantee or any
Mortgagee or Permitted Assignee (as defined below) may reasonably request from time to time.
Grantor and Grantee shall cooperate in amending this Agreement from time to time to include
any provision that may be reasonably requested by Grantee or any Mortgagee or Grantor to
_implement -the provisions- containedinthis --Agreement or topreserve a Mortgagee's security
interest or the interest of the Grantor, provided such amendments shall not impair any then
existing security interests.
Section 8. NOTICES.
Any notice required or given under this Agreement shall be effective when deposited with the
United States mail, certified, return receipt requested, postage prepaid, or upon delivery (or
refusal of delivery) when sent by overnight courier service or by facsimile or electronic
transmission, and addressed to the following addresses:
If to Grantee:
The City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
Attn: Mark Whitworth, City Administrator
Telephone: (323) 583-8811
Facsimile: (323) 587-7596
E-mail: mwhitworth@ci.vernon.ca.us
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LA\2145419.13
with a copy to:
Latham & Watkins LLP
355 South Grand Avenue
Los Angeles, California 90071-1560
Attn: David B. Rogers
Telephone: (213) 485-1234
Facsimile: (213) 891-8763
E-mail: david.rogers@lw.com
If to Grantor:
c/o CIM Group, Inc.
6922 Hollywood Blvd., Suite 900
Los Angeles, California 90028
Attention: General Counsel
Facsimile No: (310) 496-2887
with a copy to:
CIM Group, Inc.
6922 Hollywood Blvd., Suite 900
Los Angeles, California 90028
Attention: Jennifer Gandin
Facsimile No: (323) 860-4901
with a copy to:
O'Melveny & Myers LLP
400 South Hope Street
Los Angeles, CA 90071
Attention: Greg Thorpe, Esq.
Facsimile No: (213) 430-6407
Section 9. MISCELLANEOUS.
9.1 No Gift or Dedication. Nothing contained in this Agreement shall be deemed to
be a gift or dedication of any portion of the Easement Property to or for the general public or for
any public use or purpose whatsoever, it being the intention of the Parties that the Easements, the
License and rights granted in this Agreement, as it may be amended or restated, shall be strictly
limited to and for the purposes herein expressed with respect to private property solely for the
benefit of the Parties and their respective successors and assigns.
9.2 Unavoidable Delays; Force Majeure. If either Party is delayed, hindered in or
prevented from performing any act required under this Agreement by reason of strikes, lockouts,
labor troubles, inability to procure materials, failure of power, restrictive governmental laws or
regulations, natural disasters, war, civil strife or other violence, the affected Party, upon giving
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notice to the other Party, shall be excused from performing the act (except payment of
consideration) for the period of the delay. The affected Party shall use its reasonable efforts to
avoid or remove the causes of nonperformance and shall continue performance whenever the
causes for nonperformance are removed.
9.3 Run With the Land. The Easements and any restrictions in this Agreement are
binding upon and shall inure to the benefit of the Parties' Mortgagees and their respective
successors and assigns (including Permitted Assignees (as defined below)), heirs, personal
representatives, tenants invitees and licensees or persons claiming through them. All of the
provisions of this Agreement shall be enforceable as equitable servitudes and constitute
covenants running with the land pursuant to applicable law, including, without limitation,
Section 1457 et. seq. of the California Civil Code.
9.4 Entire Agreement/Amendments. This Agreement constitutes the entire agreement
between Grantor and Grantee respecting its subject matter and replaces and supersedes any prior
agreements. Any agreement, understanding or representation respecting the subject matter of
this Agreement not expressly set forth in this Agreement or a later writing signed by both Parties,
is null and void. This Agreement and the Easements shall not be modified or amended except in
a writing signed by the Parties or their successors in interest.
The Parties agree to cooperate in the approval and substitution of exhibits and in executing any
additional agreements or amendments reasonably needed by the Parties for their business
purposes so long as they do not adversely affect the rights of either Party or violate the terms and
__spirit of this Agreement.
9.5 Dispute Resolution. Any and all disputes, claims or controversies arising out of
relating to, concerning or pertaining to this Agreement, or to either Party's performance or
failure of performance under this Agreement, shall be governed by Section 30 of the PSA, which
is incorporated herein by this reference.
9.6 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE ANY RIGHT TO
TRIAL BY JURY IN ANY LITIGATION ARISING UNDER THIS AGREEMENT.
9.7 Partial Invalidity. Should any provision of this Agreement be held, in a final and
unappealable decision by a court of competent jurisdiction, to be either invalid, void or
unenforceable, the remaining provisions of this Agreement shall remain in full force and effect,
unimpaired by the holding. Notwithstanding any other provision of this Agreement, the Parties
agree that in no event shall the Term be for longer periods than the longest periods permitted by
applicable law.
9.8 Tax Credits. If under applicable law Grantee becomes ineligible for any tax
credit, benefit or incentive for alternative energy expenditure established by any local, state or
federal government, then, at Grantee's option, Grantor and Grantee shall amend this Agreement
or replace it with a different instrument so as to convert Grantee's interest in the Specific
Easement Locations to a substantially similar interest that makes Grantee eligible for such tax
credit, benefit or incentive. Grantee agrees to pay the Grantor's attorney fees to review such
changes.
13
LA\2145419.13
9.9 Approvals. No approval required by this Agreement shall be unreasonably
delayed, conditioned or withheld, except in instances where this Agreement specifically permits
a Party to act in its sole discretion. Requests for approvals shall be delivered to the other Party
.according to the notice procedures in Section 8 of this Agreement. Unless a longer or shorter
time is specified, all approvals required of either Party shall be given or refused in writing
delivered to the other Party according to the notice procedures in Section 8 of this Agreement
within ten (10) business days after receipt of the request for approval. Failure by either Party to
respond to a request for action or approval within fifteen (15) business days by either approving
or denying the request shall be deemed an approval.
9.10 Authorization of Other Users.
employees, agents, contractors or tenants to
purposes stated in this Agreement.
Grantee in its discretion may authorize its
use the Specific Easement Locations for the
9.11 Lateral Support. Grantee shall have and exercise the right of subjacent and lateral
support for Wind Project Improvements on the Specific Easement Locations to whatever extent
is necessary for the'safe construction, operation and maintenance of Wind Project Improvements.
Grantor expressly covenants that Grantor shall not excavate so near the sides of or underneath
the Wind Project Improvements as to undermine or otherwise adversely affect their stability.
9.12 Counterpart Signatures. This Agreement may be executed in one or more
counterparts, each of which shall be deemed to be an original, but all of which shall be one and
the same document.
9.13 Article Headings. Article headings in this Agreement are for convenience only
and are not intended to be used in interpreting or construing the.terms, covenants and conditions
of this Agreement.
9.14 Relationship of Parties. The relationship between Grantor and Grantee is that of
grantor and grantee of the Easements only, and neither Grantor nor Grantee is, nor shall it hold
itself out to be, the agent, employee, joint venturer or partner of the other.
9.15 Third Party Beneficiaries. This Agreement is between and for the exclusive
benefit of the Parties, and shall not benefit any third parties.
9.16 Mortgagee Protection. No breach or violation of this Agreement or of the
restrictions provided herein shall render invalid the lien of any mortgage, deed of trust or similar
instrument securing a loan made by Grantor in good faith and for value with respect to any
portion of the Specific Easement Locations, but all of the provisions of this Agreement shall be
binding upon and effective against any subsequent owner (including any mortgagee or
beneficiary under a deed of trust) who acquires title to the Specific Easement Locations, or any
portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure or otherwise.
9.17 Estoppel. Grantee shall execute commercially reasonable estoppel certificates
(certifying as to truthful matters, including without limitation that no default then exists under
this Agreement, if such be the case) as Grantor may reasonably request from time to time.
14
LA\2145419.13
9.18 Limitation of Liability. No shareholder, member, director, officer, agent or
employee of any Party shall have personal liability for the obligations to be performed by the
parties hereunder. -
9.19 Assigning . The rights, powers, and obligations hereunder conferred upon each
Party shall not at any time be transferred or assigned, except to one or more persons or entities
("Permitted Assignees") (a) that own a fee interest in. all or any portion of the Appurtenant
Property, (b) through a transfer of such Party's fee interest in all or any portion of the
Appurtenant Property or Easement Property, as applicable, or (c) that are a lender in connection
with a financing or refinancing on the Appurtenant Property or Easement Property, as applicable.
Without limiting the generality of the foregoing sentence, Grantee shall have the right, upon
notice to Grantor, without Grantor's consent, to sell, convey, or assign all or any portion of its
Wind Project Assets to Permitted Assignees or to grant sub -easements, co -easements, separate
easements, sub -licenses or similar rights, however denominated, to Permitted Assignees.
Permitted Assignees shall use the Wind Project Assets only for the uses permittedunder this
Agreement. Permitted Assignees shall have all rights, obligations and remedies allowed them
under then existing laws except as limited by their individual agreements with Grantee, provided
that under no circumstances shall any Permitted Assignee have any greater rights of
ownership or use of Easement Property than the rights granted to Grantee in this
Agreement. Each Party shall have liability only for the obligations to be performed by such
Party for the time that such Party owns the property burdened or benefited hereby. In the event
of any transfer by either Party of its interest in the burdened or benefited property, such Party
shall be relieved from all future liability accruing from and after the date of the transfer or
-conveyance, and such obligations -shall be bindinguponthe successor in interest to such Party.
9.20 Enforcement. The Parties and their respective successors and assigns shall have
the right to enforce, by proceedings at law or in equity, the covenants, restrictions and easements
imposed by this Agreement. The right to enforce this Agreement shall include, without
limitation, the right to maintain a proceeding at law or in equity against any person or persons
who have violated or who are attempting to violate any of the covenants or restrictions of this
Agreement, to enjoin or prevent them from doing so, to cause the violations to be remedied,
and/or to recover damages for any violations.
9.21 Original Agreement. On or after the date that Grantee's right to designate
additional easement locations shall terminate pursuant to Section l(e)(v) of the PSA, Grantee
shall execute any documents reasonably requested by Grantor to release from the Original
Agreement areas of the Easement Property that are not part of the Specific Easement Locations.
[Remainder of Page Intentionally Left Blank]
15
LA\2145419.13
IN WITNESS WHEREOF, the Parties have each executed this Agreement as of the date
first written above.
GRANTOR:
ReNu RESOURCES, LLC,
a Delaware limited liability company
By: CIM/Onyx Ranch Manager, LLC,
a Delaware limited liability company,
its Managing Member
By: Renewable Resources Group Holding
Company, Inc.,
its Operating Manager
By• .
Willer
resident
ACKNOWLEDGEMENT
State of California )
County of '471
On /—may 20//, fore meQD�%� /v8������J , a
Notary Public, personally appeared reU�//tio/Z who
proved to me on the basis of satisfactory evidence to be the person() whose name(s) is/ara
subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same
in his/1wrAheir authorized capacity(), and that by .his/her signature(s) on the instrument
the person($), or the entity upon behalf of which the person(84 acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNE�S and and official seal
e
Signatu -�L (Seal) DIANA VILLALBA
Commission # 1856885
z ,-s Notary Public - California z
z f-os Angeles County
My Comm. Ex Tres Jul.6, 2013
GRANTEE:
CITY OF VERNON,
a California chartered city
01
By:
Ma c Whitworth
Ci Administrator
ATTEST:
B
W'hard Yama uc i
City Clerk
APPROVED AS TO FORM:
B
Willard Yamagu i
City Attorney
-- ACKNOWLEDGEMENT
State of California )
County.of I —CV �4CAP )
On 75,q emv 20H, before me, /7e� KClrl�� JCUC��1 , a
Notary Public, pefsonally appeared pl -k' ly 71--lp 1v" f&b , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature T (Seal) C mmission# 1900284
Notary Public - California i
Los Angeles County D
M Comm. I fires Aug 19, 2014
EXHIBIT A
Easement Property
EASTERN SOLAR LAND
Parcel 1: (APN 153-140-05)
Section 9, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the unincorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 2: (APN: 153-140-07)
The East half of Fractional Section 7, 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 3: (APN: 153-140-08)
The West half of Fractional Section 7, 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 4: (APN: 153-130-05)
Section 11, 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: 153-150-02)
The Northeast quarter, the East half of the Northwest quarter, the Northwest quarter of the Northwest
quarter, the North half of the Southeast quarter, and the Southeast quarter of the Southeast quarter of
Section 15, 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: 153-150-04)
Section 13, 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 7: (APN: 153-160-02)
Section 17, 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 8: (APN: 153-160-06)
The Northeast quarter, the Northeast quarter of the Southeast quarter, the Northeast quarter of the
Northwest quarter, and Lots 1 and 2, of Fractional Section 19, 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.
Exhibit A - 1
LA\2145419.13
Parcel 9: (APN: 153-160-04)
Section 21, 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 10: (APN: 153-150-06)
The East half of the East half, the Southwest quarter of the Southeast quarter, and the South half of the
Southwest. quarter, of Section 23, 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 11: (APN: 153-170-03)
Section 25, 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 12: (APN: 153-170-04)
The Northwest quarter of the Northwest quarter, the East half of the Northwest quarter, the Northeast
quarter, and the South half of Section 36, 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.
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
June 10, 1958 in Book 2962, Page(s) 503 of Official Records.
Parcel 13: (APN: 153-240-14)
The Southwest quarter of Section 29, Township 29 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.
Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded March 13, 1920
in Book 346, Page(s) 421 of Deeds.
Also except that portion of said Southwest quarter, granted to the City of Los Angeles by Deed recorded
September 20, 1973, in Book 4804, Page(s) 2459 of Official Records.
Parcel 14: (APN: 153-240-12)
Section 31, Township 29 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.
Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded March 13,
1920, in Book 346, Page(s) 421 of Deeds.
Exhibit A - 2
LA\2145419.13
Also except that portion of said section, granted to the City of Los Angeles by Deed recorded September
20, 1973 in Book 4804, Page(s) 2459 of Official Records.
Parcel 15: (APN: 153-240-16)
The South half of the Northwest quarter, the Southwest quarter of the Northeast quarter, the West half of
the Southeast quarter, and the Southwest quarter, of Fractional Section 33, Township 29 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.
Except a strip of land 250 feet wide granted to the City of Los Angeles, by Deed recorded September 20,
1973 in Book 4804, Page(s) 2456 of Official Records.
Parcel 16: (APN: 181=020-02)
Fractional Section 5, 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 17: (APN: 181-020-13)
Fractional Section 9, 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.
Except a strip of land 250 feet wide granted to the City of Los Angeles, by Deed recorded September 20,
1973 in Book 4804, Page(s) 2456 of Official Records.
Parcel 18: (APN 444-070-05)
The North half, and the Southwest quarter of Fractional Section 1, Township 30 South, Range 36 East,
Mount Diablo Base and Meridian, in the unincorporated area, County of Kern, State of California,
according to the Official Plat thereof.
WESTERN SOLAR LAND
Parcel 19: (APN: 153-070-02)
Lots 1 and 2 of the Northeast quarter, the East half of Lot 2 of the Northwest quarter, the North half of the
Southeast quarter, and the Southeast quarter of the Southeast quarter, of Fractional Section 3, 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 20: (APN: 153-070-03)
The Southwest quarter of the Southwest quarter of Fractional Section 3, 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 21: (APN: 153-070-07)
Section 11, 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.
Exhibit A - 3
LA\2145419.13
Parcel 22: (APN: 153-080-08)
Lots 1 and 2 of the Northeast quarter, and the Southeast quarter of Fractional Section 5, 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 23: (APN: 153-080-02)
Lots 1 and 2 of the Northwest.quarter, and the Southwest quarter of Fractional Section 5, 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 24: (APN: 153-080-05)
The Southeast quarter of Section 8, 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 25: (APN: 153-080-04)
Section 9, 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 26: (APN: 153-090-01)
Section 15, 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 27: (APN: 153-090-03)
Section 13, 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 28: (APN: 153-100-03)
Section 17, 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 29: (APN: 153-100-10)
Section 21, 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 30: (APN: 153-090-05)
Section 23, 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 31: (APN: 153-110-03)
Exhibit A - 4
LA\2145419.13
Section 25, 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 32: (APN: 153-110-01)
Section 27, 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 33: (APN: 153-120-02)
Section 29, 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 34: (APN: 153-120-04)
The North half of the Northeast quarter, and the Northeast quarter of the Northwest quarter of Section 28,
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 35: (APN: 153-120-07)
The East half of the Northeast quarter, the Northwest quarter of the Northeast quarter, the East half of the
Southeast quarter, and the West half of Section 33, 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.
EASEMENT PARCELS
Parcel 36: (APN: 153-170-01)
Section 27, 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.
Parcel37: (APN: 153-180-12)
The East half of the Southeast quarter of Section 28, 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.
Except l/16'` of all coal, oil, gas and other mineral deposits contained in said lands as reserved by an Act
of the Legislature approved May 25, 1921 (Chap. 303, Statutes, 1921), as reserved in the State of
California, in Patent recorded March 29, 1923 in Book 484, Page(s) 42 of Official Records.
Parcel 38: (APN: 153-180-02)
The North half of the Northeast quarter of Section 29, 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 39: (APN: 153-180-04)
Exhibit A - 5
LA\2145419.13
The Southwest quarter of the Southeast quarter, and the Southwest quarter of Section 29, 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 40: (APN: 153-170-06)
Fractional Section 35, 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 41: (APN: 181-020-11)
Fractional Section 7, 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.
Except a strip of land 200 feet wide, granted to the City of Los Angeles by Deed recorded March 13, 1920
in Book 346, Page(s) 421 of Deeds.
Also except that portion of said section, granted to the City of Los Angeles by Deed recorded September
20, 1973 in Book 4804, Page(s) 2459 of Official Records.
Parcel 42: (APN: 181-080-32)
Fractional Section 17, 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.
Except a strip of -land 200 feet wide granted to -the City of Los Angeles, by Deed recorded September 20
1973 in Book 4804, Page(s) 2459 of Official Records.
Parcel 43: (APN: 181-080-11)
The East half of the Southeast quarter of the Northwest quarter, Lots 1, 2, 3 and 4, and the East half of the
Southwest quarter of Fractional Section 19, 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.
Except a strip of land 200 feet wide, granted to the City of Los Angeles, by Deed recorded July 21, 1921
in Book 366, Page(s) 229 of Deeds.
Parcel 44: (APN: 181-080-30)
The North half of the Northeast quarter, the Southwest quarter of the Northeast quarter, the Northwest
quarter, and the South half of Section 21, 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.
Except a strip of land 250 feet wide, granted to the City of Los Angeles, by Deed recorded September 20
1973 in Book 4804, Page(s) 2456 of Official Records.
Also except a strip of land 200 feet wide as granted to the City of Los Angeles by Deed recorded
September 20, 1973 in Book 4804, Page(s) 2459 of Official Records.
Exhibit A - 6
LA\2145419.13
Parcel 45: (APN: 181-190-02)
The Northwest quarter and the South half of Section 29, 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 46: (APN: 442-020-20)
Section 9, 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''/a 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 47: (APN: 442-010-10)
The South half of the South half of Section 10, 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 48: (APN: 442-030-01)
Section 15, 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 49: (APN: 442-040-01)
The West half of the Southeast quarter, and the East half of the Southwest quarter of Section 18,
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 50: (APN: 444-070-09)
Section 11, 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 51: (APN: 444-090-04)
Section 13, 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 52: (APN 153-051-03)
Section 25, Township 29 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.
Exhibit A - 7
LA\2145419.13
Parcel 53: (APN 153-070-05)
Lots 1,2,3,4,5,6,7,8,9,10 and 11, the Southwest quarter of the Northeast quarter,; the West half of the
Southeast quarter, and the Southwest quarter of Fractional Section 1, 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 54: (APN 153-100-13)
The East half of Section 19; Lot 1 of the Northwest quarter, the North Half of Lot 2 of the Northwest
quarter; and Lots 1 and 2 of the Southwest quarter of Fractional Section 19, 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 55; (APN 153-130-03)
Fractional Section 1, 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 56: (APN 153-030-05)
Section 13, Township 29 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 57;.(APN 153-130-01)
Fractional Section 3, 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.
Exhibit A - 8
LA\2145419.13
EXHIBIT B
Appurtenant Property
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.
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.
Exhibit B - 1
LA\2145419.13
Parcel 8: (APN: 181-190-16)
Fractional Section 36, Township 30 South, Range 36'/2 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 '/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 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.
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.
Exhibit B - 2
LA\2145419.13
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, 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.
Parcel 20: (APN: 444-020-09)
The West half of the Northeast quarter, 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.
Exhibit B - 3
LA\2145419.13
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.
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.
Exhibit B - 4
LA\2145419.13
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 lat 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.
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.
Exhibit B - 5
LA\2145419.13
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.
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
Exhibit B - 6
LA\2145419.13
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.
Exhibit B - 7
LA\2145419.13
EXHIBIT C
Specific Easement Locations
[Attached]
Exhibit C - 1
LA\2145419.13
North Sky River Energy Windfarm EXHIBIT G
Access Strips
- Page 1 of 3 pages
APN:153-180-04
RENU RESOURCES, LLC
Description
Situated in a portion of Section 29, Township 29 South, Range 36 East, Mount Diablo Meridian,
in an unincorporated area of the County of Kern, State of California.
Three strips of land, 80.00 feet in width, running from Jawbone Canyon Road, a Kern County
Road, said strips being 40 feet perpendicularly distant each side of the following described
centerline, to wit:
Strip-1
COMMENCING AT a 2" Iron Post monument with a 2 1 /2" brass cap marked "US General
Land Office Survey, 1920, T29S R35E, S29, S28, S32, S33" at the Section Corner common to
Sections 29, 28, 32, and 33, Township 29 South, Range 36 East, Mount Diablo Meridian;
Thence along the line common to said Sections 29 and 32, North 89°57'58" West a distance of
1396.40 feet to the Point of Beginning, said point being on the south line of the Grantor's land;
Thence leaving said Section, line and south line, North 32°14'26" West a distance of 413.75 feet;
Thence 162.54 feet along the arc of a tangent curve right with a radius of 1000.00 feet, through a
central angle of 09° 18'47", subtended by a chord bearing North 27035103" West a chord distance
of 162.36 feet;
Thence North 22°55'40" West.a. distance of 392.35 feet;
Thence 158.79 feet along the arc of a tangent curve right with a radius of 500.00 feet, through a
central angle of 18*11'46", subtended by a chord bearing North 13°49'46" West a chord distance
of 158.13 feet;
Thence North 04°43'53" West a distance of 237.51 feet;
Thence 54.28 feet along the arc of a tangent curve left with a radius of 170.00 feet, through a
central angle of I8°17'38", subtended by a chord bearing North 13°52'42" West a chord distance
of 54.05 feet to the point of termination on the north line of the Grantor's land, said point bears
North 30°48'32" East a distance of 1510.30 feet from the quarter section corner common to said
Sections 29 and 32.
End of Strip 1 description
North Sky River Energy Windfarm EXHIBIT C
Access Strips
Page 2 of 3 pages
Striv 2
COMMENCING AT a2" Iron Post monument with a 2 1/2" brass cap marked "US General
Land Office Survey,1920, T29S R35E, S29, S28, S32, S33" at the Section Corner common to
Sections 29, 28, 32, and 33, Township 29 South, Range 36 East, Mount Diablo Meridian;
Thence along the line common to said Sections 29 and 32, North 89°57'58" West a distance of
2689.01 feet to the quarter section corner common to said Sections 29 and 32;
Thence leaving said common line and grantor's south line, North 30°48'32" East a distance of
1510.30 feet more or less to the Grantor's north line;
Thence along said north line North 89021'06" West a distance of 306.30 feet to the Point of
Beginning;
Thence from said POINT OF BEGINNING, South 38°14'49" West a distance of 729.04 feet;
Thence 106.70 feet along the are of a tangent curve left with a radius of 170.00 feet, through a
central angle of 35°57'45", subtended by a chord bearing South 20° 15'57" West a chord distance
of 104.96 feet;
Thence 218.93 feet along the arc of a reverse tangent curve to the right with a radius of 500.00
feet, through a central angle of 25°05' 15", subtended by a chord bearing South 14749'42" West
217.19 feet;
Thence 424.53 feet along the arc of a reverse tangent curve to the left with a radius of500.00
feet, through a central angle of 48°38'52", subtended by a chord bearing South 03°02'54" West
411.90 feet;
et along the arc of a reverse tangent curve to the right with a radius
Thence approximately 8.98 fe
of 150.00 feet, through a central angle of 0302514311, subtended by a chord bearing South
19033'41" East 8.97 feet to the point of termination being on the Grantor's south line and the line
common to said Sections 29 and 32, said point of terminus bears North 89°59' 11" West a
distance of 106.29 feet from quarter section corner common to said Sections 29 and 32.
End of Strip 2 description
North Sky River Energy Windfarm
Access Strips EXHIBIT C
Page 3 of 3 pages
Strip 3
COMMENCING at the Section Corner common to said Sections 30; 29, 31, and 32, Township
29 South, Range 36 East, Mount Diablo Meridian;
Thence along the line common to Sections 29 and 32 and the south line of the Grantor's land,
South 89159' 1 l" East a distance of 337.05 feet to the Point of Beginning;
Thence from said POINT OF BEGINNING, North 43°28'49" West a distance of
approximately 514.13 feet to the line common to Sections 29 and 30 and the west line of the
Grantor's land;
Thence along said common and grantor's west line, South 02034'02"East a distance of 373.35
feet to the Section Corner common to said Sections 30, 29, 31, and 32, Township 29 South,
Range 36 East, Mount Diablo Meridian.
The Basis of Bearings for this description is The California Coordinate System, Zone 5, NAD
83, Epoch 2002.00 (Grid). All distances are also grid. Multiply distances by 1.0002433 to obtain
ground distances. '
The sidelines of said strips shall be lengthened or shortened so as to intersect the north, south and
west lines of said Grantor's land.
The above -described strips contains 6.28 acres, more or less, total.
End of Descriptions
Date: J l) I
David J Stringer, P S 5590
AS DEPICTED ON
EXHIBIT C-1
LINE TABLE
LINE NO. BEARING DISTANCE
U N32'14'26"W 413.75
L2 N22'55'40"W 392.35
L3 N0443'53"W 237.51
L4 S38'14'49"W 729.04
CURVE TABLE
1.5 N43.28'49"W 514.13
CURVE ND. LENGTH RADIUS DELTA
C1
162.54 IODD.00 09'18'47"
C2
158.79 5D0.00 1B'11'46"
C3
54.28 170.D0 18'17'38"
C4
106.70 170.00 35'57'45"
CS
218.93 500.00 25'05'15"
C6
424.53 500.00 48'38'52"
C7
8.98 15D.00 03'25'43"
SECTION 29
N89'21'06"W
T29S, R36E, MDM
306.30 (TIE)
RENU RESOURCES,
LLC
ERMwuS
APN 153-180-04
P.O.B.
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373.35 (TIE) l��O
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ERMINUS g
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N89' 57' 58"W cp
2689.01(TIE)
—N$9' 5T 58" —
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1292.65 (TIE)
1396.40 (TIE)
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v Q N89' 59' 11 "W
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N89' 59' 11 "W
337.05.(TIE)
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106.29 (TIE)
2
JAWBONE CANYON ROAD
I GNA I JRC 11"=1000'
NRSE-upn-15318004_NE_Access-Rooddwq
CRI+IGEN
EXHIBIT C-1
RENU RESOURCES, LLC
SECTION 29 T29S, R36E,
MOUNT DIABLO MERIDIAN
PACE 1 OF 1
North Sky River Energy Windfarm
Access Strip EXHIBIT C
APN:181-080-30
RENU RESOURCES LLC
Page 1 of 2 pages
Description
Situated in a portion of Section 21, Township 30 South, Range 37 East, Mount Diablo Meridian,
in an. unincorporated area of the County of Kern, State of California.
A strip 80.00 feet in width, the centerline of which is coincident with the centerline of Jawbone
Canyon Road (a Kern County Road), running from the easterly line of said Section 21 to the
westerly line of said Section 21, said strip being 40 feet perpendicularly distant each side of the
following described centerline, to wit:
COMMENCING AT a 2 1/2" Iron Post monument in concrete with a 2" washer marked "Kern
County Surveyor, Jan 1991, T30S R37E, 21, 22, 28, 27" at the Section Corner common to
Sections 21, 22, 28, and 29, Township 30 South, Range 37 East, Mount Diablo Meridian;
Thence North 00105'32" West 170.07 feet along the Section line common to Sections 21 and 22,
said Township and Range, to the Point of Beginning, said point being on the east line of the
Grantor's land and the centerline of said Jawbone Canyon Road;
Thence from said POINT OF BEGINNING, North 55*02' 18" West a distance of 167.47 feet;
Thence North 56°49'21" West a distance of 1455.67 feet;
Thence 820.09 feet along the are of a tangent curve right with a radius of 1100.00 feet, through a
central angle of 42°42'58", subtended by a chord bearing North 35°27'53" West a chord distance
of 801.23 feet;
Thence North 14°06'24" West a distance of 521.56 feet;
"Thence 191.97 feet along the arc of a tangent curve left with a radius of 150.00 feet, through a
central angle of 73119'35", subtended by a chord bearing North 50'46'11" West a chord distance
of 179.13 feet;
Thence 702.91 feet along the arc of a reverse tangent curve right with a radius of 7770.24 feet,
through a central angle of 05'10'59", subtended by a chord bearing North 84°50'29" West 702.67
feet to a point;
Thence 332.30 feet along the arc of a compound tangent curve right with a radius of 325.00 feet,
through a central angle of 58°34'58",.subtended by a chord bearing North 52°57'30" West a
chord distance of 318.01 feet;
Thence North 23°40'01" West a distance of 138.12 feet;
Thence 390.38 feet along the arc of a tangent curve left with a radius of 450.00 feet, through a
central angle of 49'42'18", subtended by a chord bearing North 48°31'l0" West a chord distance
of 378.26 feet;
North Sky River Energy Windfarin
.Access Strip EXHIBIT C
Page 2 of 2 pages
Thence North 73022'19" West a distance of 298.33 feet;
Thence 53.64 feet along the arc of a tangent curve right with a radius of 600.00 feet, through a
central angle of 05°07'21 ", subtended by a chord bearing North 70048'38" West a chord distance
of 53.63 feet;
Thence 724.14 feet along the arc of a reverse tangent curve left with a radius of 6000.06 feet,
through a central angle of 06°54'54", subtended by a chord bearing North 71 °42'25" West 723.70
feet to a point;
Thence North 75°09'52" West a distance of approximately 920.64 feet to the Section Line
common to Sections 20 and 21, said Township and Range, and there terminating on the west line
of the Grantor's land, said terminus bears North 56°17'01" West 6363.06 feet from said 2 1/2"
Iron Post monument in concrete with a 2" washer at the Section Comer common to Sections 21,
22, 28, and 29, Township 30 South, Range 37 East, Mount Diablo Meridian.
EXCEPTING THEREFROM those portions lying within the City of Los Angeles pipeline
property, being APN 18108029 and transmission line property, APN 18108033.
The sidelines of said strip shall be lengthened or shortened so as to intersect the east and west
lines of said Grantor's land.
The Basis of Bearings for this description is The California Coordinate System, Zone 5, NAD
83, Epoch 2002.00 (Grid). All distances are also grid. Multiply distancesby1.0001545 to obtain
ground distances.
The above described strip contains 11.2 acres, more or less, net.
End of Description
Date: _ Jt-� i U Z, zo ly
C
David J Stringer, LS 5590
AS DEPICTED ON
EXHIBIT C-1
LINE TABLE
LINE #
BEARING DISTANCE
L1
N55' 02' 18"W
167.47
L2
N14' 06' 24"W
521.56
L3
N23' 40' 01"W
138.12
L4
N73' 22' 19"W
298.33
L5
N75' 09' 52"W
920.64
CURVE TABLE V
CURVE # LENGTH RADIUS DELTA
CI
820.09
1100.00
42-42-58"
C2
191.97
150.00
73'19'35"
C3
702.91
7770.24
05'10159"
C4
332.30
325.00
58'34'58"
C5
390.38
450.00
49'42'18"
C6
53.64
600.00
05'07'21"
C7
724.14
_ 600Q.00
, 06'54'54"
` SECTION 21
T30S, R37E, MDM
0
1fg NF CgNYCSC4
pN Rp4p S r
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AA �o� c3 c2 /
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080`
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RENU RESOURCES, LLC
APN 181-080-30
DATE: DRAWN BY: CHK BY: SCALE:
6/28/10 GNA DJS 1"=sDO' EXHIBIT C-.1
NRSE-cpn_18108030.dwg
RENU RESOURCES. LLC
SECTION 21, T30S, R37E,
C R I+ I G E N
MOUNT DIABLO MERIDIAN
. NSscgNyo
4y, N
N00' 05' 32"W,
170.07.(71E)
N.E. COR. -
SEC. 28
North Sky River Energy Windfarrn
Access Strip EXHIBIT C
APN:181-080-11
REND RESOURCES LLC
Page 1 of 3 pages
Description
Situated in a portion of Section 19, Township 30 South, Range 37 East, Mount Diablo Meridian,
in an unincorporated area of the County of Kern, State of California.
A strip, 80.00 feet in width, the centerline of which is coincident with the centerline of Jawbone
Canyon Road (a Kern County Road), said strip being 40 feet perpendicularly distant each side of
the following described centerline, to wit:
COMMENCING AT a 21/2" Iron Post monument in concrete with a 2" washer marked "Kern
County Surveyor, Jan 1991, T30S R37E, 21, 22, 28, 27" at the Section Comer common to
Sections 21, 22, 28, and 29, Township 30 South, Range 37 East, Mount Diablo Meridian;
Thence North 64°55'59" West a distance of approximately 10747.39 feet to the Point of
Beginning, said point being on the east line of the Grantor's land and the line common to
Sections 19 and 20, township 30 South, Range 37 East;
Thence from said POINT OF BEGINNING, North 72009144" West a distance of 333.70 feet;
Thence 56.88 feet along the arc of a tangent curve left with a radius of 500.00 feet, through a
central angle of 069 VO4", subtended by a chord bearing North 75025'16" West a chord distance
of 56.85 feet;
Thence 231.02 feet along the are of a reverse tangent curve right with a radius of 400.00 feet,
through a central angle of 33005'26", subtended by a chord bearing North 62108'05 West 227.82
feet;
Thence 230.06 feet along the are of a reverse tangent curve left with a radius of 200.00 feet,
through a central angle of 65°54'28", subtended by a chord bearing North 78°32'36" West 217.59
feet;
Thence South 68'30'10" West a distance of 354.33 feet;
Thence 853.70 feet along the arc of a tangent curve right with a radius of 675.00 feet, through a
central angle of 72°27'51 ", subtended by a chord bearing North 75' 15'54" West a chord distance
of 797.93 feet;
Thence North 39'01'59" West a distance of 253.82 feet;
Thence 403.76 feet along the arc of a tangent curve left with a radius of 400.00 feet, through a
central angle of 57°50'01 ", subtended by a chord bearing North 67°56'59" West a chord distance
of 386.83 feet;
Thence 344.55 feet along the arc of a reverse tangent curve right with a radius of 1130.00 feet,
through a central angle of 17°28'13", subtended by a chord bearing North 88°07'54" West 343.22
feet;
North Sky River Energy Windfarm
Access Strip EXHIBIT C
Page 2 of 3 pages
Thence 241.79 feet along the arc of a reverse tangent curve left with a radius of 300.00 feet.
through a central angle of 46°10'46", subtended by a chord hearing South 77*30'50" West 235.30
feet;
Thence 265.24 feet along the arc of a reverse tangent curve right with a radius of 300.00 feet,
through a central angle of 50°39'26", subtended by a chord bearing South 79°45'10" West 256.69
feet;
Thence North 74°55'07" West a distance of 298.87 feet;
Thence 31.61 feet along the arc of a tangent curve right with a radius. of 200.00 feet, through a
central angle of 09°03'20", subtended by a chord bearing North 70°23'27" West a chord distance
of 31.58 feet;
Thence 201.35 feet along the arc of a reverse tangent curve left with a radius of 2018.26 feet,
through a central angle of 05°42'58", subtended by a chord bearing North 68°43'16" West 201.26
feet;
Thence 350.85 feet along the arc of a compound tangent curve left with a radius of 600.00 feet,
through a central angle of 33°30'14", subtended by a chord bearing North 88°19'52" West a
chord distance of 345.87 feet;
Thence South 74°55'01" West a distance of 474.36 feet; /
Thence 223.56 feet along the arc of a tangent curve right with a radius of 500.00 feet, through a
central angle of 25°37'04", subtended by a chord bearing South 87°43'33" West a chord distance
of 221.70 feet;
Thence North 79°27'55" West a distance of 170.35 feet;
Thence 489.80 feet along the arc of a tangent curve left with a radius of 1400.00 feet, through a
central angle of 20°02'43", subtended by a chord bearing South 89'29'17" West a chord distance
of approximately 487.31 feet and there terminating on the west line of the Grantor's land, said
terminus bears North 78°35'27" East 19263.34 feet from a 1 1/2" Iron Post monument with a 2
1/2" brass cap marked "US General Land Office Survey, 1937,'/a S21/S28 T30S R36E" at the
quarter Section corner common to Sections 21 and 28, Township 30 South, Range 36 East,
Mount Diablo Meridian. .
EXCEPTING THEREFROM those portions lying within the City of Los Angeles property,
being APN 18108034.
The sidelines of said strip shall be lengthened or shortened so as to intersect the east and west
lines of said Grantor's land.
The Basis of Bearings for this description is The California Coordinate System, Zone 5, NAD
83, Epoch 2002.00 (Grid). All distances are also grid_ . Multiply distances by 1.0001545 to obtain'
ground distances.
The above -described strip contains 8.18 acres, more or less.
North Sky River Energy Windfarm
Access Strip EXHIBIT C
'Page 3 of 3 pages
End of Description
Date: c z zo 1 f�
David J Stringer, PI_$ 5590
AS DEPICTED ON
EXHIBIT C-1
CITY OF LOS ANGELES
APN 181-080-34
TERMINUS J
A weON
Q c12 E CANYpN ROAp
c13
fR
b
C4 C3
SECTION 19
NORTH 1/4 COR• T3OS; R37E, MDM P.O.B.
SEC. 21/28
T30S, R36E
N64' 55' 59"W
10747.39(TIE)
REND RESOURCES LLC
N.E.
APN 181-080-11 130S.R37E
COR.
28
LINE TABLE CURVE TABLE ,
LINE BEARING DISTANCE CURVE # LENGTH RADIUS DELTA
L1 N78' 35' 27"E 19263.34 Cl 56.88 500.00 06'31'04"
L2 N72' 09' 44"W 333.70 C2 231.02 400.00 33'05'26"
L3 S68' 30' 10"W 354.33 C3 230.06 200.00 65'54'28"
L4 N39' 01' 59"W 253.82 C4 853.70 675.00 72'27'51"
L5 N74' 55' 07"W 298.87 C5 403.76 400.00 57*50.01"
L6 S74' 55' 01"W 474.36 C6 344.55 1130.00 17'28'13"
L7 N79' 27' 55"W 170.35 C7 241,79 300.00 46*10'46"
C8 265.24 300.00 50'39'26"
C9 31.61 200.00 09'03'20"
CIO 201.35 2018.26 05'42'58"
Ci i 350.85 600.00 33'30'14"
C12 223.56 500.00 25'37'04"
/
C13 489.80 1400.00 20'02'43"
DRAWN BY: ClK BY: SCALE: EXHIBIT C-1
0 GNA R EXHIBIT
' NRSE-opn_18108011.dwg
C AI THROUGH RENU RESOURCES PROPERTY
CRI+IGEN MOUNT DIABLO MERIDIAN
North Sky River Energy Windfarm
Access Strip EXHIBIT C
APN: 44407009
RENU RESOURCES LLC
Page 1 of 4 pages
Description
Situated in a.portion of Section 11, Township 30 South, Range 36 East, Mount Diablo Meridian,
in an unincorporated area of the County of Kern, State of California.
A strip, 80.00 feet in width, said strip being 40 feet perpendicularly distant each side of the
following described centerline, to wit:.
COMMENCING at a 2" Iron Post monument with a 2-1/2" brass cap marked "US General
Land Office Survey,193.7, S 11, 12, 13, 14, T30S, R36E" at the corner common to Sections 11,
12, 13 and 14, Township 30 South, Range 36 East, Mount Diablo Meridian.
Thence North 82°3100" West a distance of 1402.63 feet along the north line of the Grantor's
land and the line common to Sections 11 and 14, Township 30 South, Range 36 East, Mount
Diablo Meridian, being the Point of Beginning;
Thence from said POINT OF BEGINNING North 500 52' 49" West a distance of 431.22 feet;
Thence 883.05 feet along the are of a tangent curve to the right having a radius of 1600.00 feet,
through a central angle of 31 ° 37' 19", subtended by a chord bearing North 350 04' 09" West a
distance of 871.89 feet;
Thence North 19° 15' 30" West a distance of 271.41 feet;
Thence 155.64 feet along the arc of a tangent curve to the left having a radius of 500.00 feet,
through a central angle of 17° 50' 07", subtended by a chord bearing North 280 10' 33" West a
distance of 155.01 feet;
Thence North 370 0513711 West a distance of 90.87 feet;
Thence 201.35 feet along the arc of a tangent curve to the right having a radius of 500.00 feet,
through a central angle of 23° 04' 22", subtended by a chord bearing North 250 33' 25" West a
distance of 199.99 feet;
Thence North 14° 01' 14" West a distance of 398.94 feet;
Thence 129.26 feet along the arc of a tangent curve to the left having a radius of 500.00 feet,
through a central angle of 140 48' 42", subtended by a chord bearing North 21° 25' 36" West a
distance of 128.90 feet;
North Sky River Energy Windfarm
Access Strip EXHIBIT C
Page 2 of 4 pages
Thence North 280 49' 57" West a distance of 481.41 feet;
Thence 214.73 feet along the are of a tangent curve to the left having a radius of 500.00 feet,
through a central angle of 24' 36 21 ", subtended by a chord bearing North 410 08' 07" West a
distance of 213.08 feet;
Thence North 53° 26' 18" West a distance of 131.31 feet;
Thence 65.46 feet along the arc of a tangent curve to the right having a radius of 100.00 feet,
through a central angle of 37' 30' 24", subtended by a chord bearing North 340 41' 06" West a
distance of 64.30 feet;
Thence North 15° 55' 54" West a distance of 91.40 feet;
Thence 73.64 feet along the arc of a curve to the left having a radius of 100.00 feet, through a
central angle of 42 11' 23", subtended by a chord bearing'North 37° 0V 3 5 " West a distance of
71.98 feet;
Thence North 58° 07' 17" West distance of 312.09 feet;
Thence 64.97 feet along the arc of a curve to the right having a radius of 200.00 feet, through a
central angle of 180 36' 46", subtended by a chord bearing North 48° 48' 54" West a distance of
64.69 feet to a point of reverse curvature;
Thence 204.39 feet along the are of a curve to the left having a radius of 150.00 feet, through a
central angle of 78° 04' 15", subtended by a chord bearing North 78° 32' 38" West a distance of
188.94 feet;
Thence South 620 25' 14" West a distance of 38.83 feet;
Thence 92.16 feet along the arc of a tangent curve to the right having a radius of 300.00 feet,
through a central angle of 17° 36' 08", subtended by a chord bearing South 71° 13' 18" West a
distance of 91.80 feet;
Thence South 80° 01' 22" West a distance of 131.59 feet;
Thence 53.67 feet along the are of a tangent curve turning to the left having a radius of 500.00
feet, through a central angle of 06° 09' 01 ", subtended by a chord bearing South 760 56' 51" West
a distance of 53.65. feet;
Thence South 73° 52' 21" West a distance of 47.98 feet;
North Sky River Energy Windfarm
Access Strip EXHIBIT C
Page 3 of 4 pages
Thence 117.61 feet along the arc of a tangent curve to the right having a radius of 500.00 feet,
through a central angle of 13° 28' 38", subtended by a chord bearing South 800 36' 40" West a
distance of 117.34 feet;
Thence South 87° 20' 50" West a distance of 60.93 feet;
Thence 98.87 feet along the arc of a tangent curve to the left having a radius of 500.00 feet,
through a central angle of 11 ° 19' 45", subtended by a chord bearing South 81 ° 41' 06" West a
distance of 98.71 feet;
Thence South 76° 0V 13" West a distance of 92.91 feet;
Thence 92.38 feet along the are of a tangent curve to the right having a radius of 500.00 feet,
through a central angle of 10° 35' 10", subtended by a chord bearing South 810 18' 48" West a
distance of 92.25 feet;
Thence South 860 36' 23" West a distance of 85.77 feet;
Thence 120.88 feet along the are of a tangent curve to the left having a radius of 200.00 feet,
through a central angle of 34°37141 ", subtended by a chord bearing South 69117' 33". West a
distance of 119.04 feet;
Thence South 510 58' 42" West a distance of 159.22 feet;
Thence 39.95 feet along the arc of a tangent curve to the left having a radius of 100.00 feet,
through a central angle of 22°53'26", subtended by a chord bearing South 6302512511 West a
distance of 39.69 feet to the west line of the Grantor's land and the POINT OF TERMINOUS,
said terminus bears South 02043' 18" West 247.13 feet from a 3/4" Iron Post monument with a 2
1/2" brass cap marked "US General Land Office Survey, 1937, 1/4, S 10, 11, T30S R36E" at the
Y+ corner common to Sections 10 and 11, Township 30 South, Range 36 East, Mount Diablo
Meridian.
The sidelines of said strip shall be lengthened or shortened so as to intersect the boundary lines
of said Grantor's land.
The Basis of Bearings for this description -is The California Coordinate System, Zone 5, NAD
83, Epoch 2002.00 (Grid). All distances are also grid. Multiply distances by 1.0001545 to obtain
ground distances.
The above -described strip contains 9.98 acres, more or less.
North Sky River Energy Windfarm
Access Strip EXHIBIT C
Page 4 of 4 pages
End of Description
Date: J o l l SS ZO I D
David J Stringer, rLS 5590
AS DEPICTED ON
EXHIBIT C-1
W. 1/4 CI
SECTION
T306, W
S02" 43' J l"�
247.13 (TIE
LINE TABLE
LINE
/ BEARING
DISTANCE
L8
N50'52'49"W
431.22
L9
N19'IS'30"W
271.41
L10
N37VW37'W
90.67
L11
N14'01'14'W
396.94
L12
N28'4W57"W
481.41
L13
N53'28'18"W
131.31
L14
N15'55'54"W
91.40
LIS
N58'07'17"W
312.09
LIS
S62'2WI4"W
38.83
L17
SBO'01'22"W
131.59
LIS
S73'32'21"W
47.98
L19
S87'2W59"W
60.93
CURVE TABLE
L20
L21
S76'01'13"W
S86.36'23"W
92.91
85.77
CURVE./ LENGTH RAdUS DELTA
BEARING
DISTANCE
L22
S51'5W42'W
159.22
C7
232.00
.1000.00
13'17'34"
S57'31'36"E
231.48
CB
8831-05
ISM-00
31'37'19"
S35-04-09"E
871.89
C9
155.04
500.00
17'5VO7'
N25'10'33"W
155.01
CIO
201.35
500.00
2504'22"
S25-33.23-E
199.99
C11
129.28
500.00
14'48'42"
N21'23'36"W
126.90
L2
C12
214.73
500.00
24'36'21"
N41-08.07"W
213.OB
LI
11Q
L1 C16
C13
65.46
100.00
37'30'24'
S34'41'06"E
64.30
C115
C14
73.64
100.00
4291'23"
N37'01'35'W
71.98
22
15
C15
64.97
200.00
18'36'46"
S48'48'54-E
64.69
1
13
C16
204.39
150,00
78-04-15"
N78'32'38"W
168.94
CC17
20
I8 LI
13
C17
C18
92.16
53.87
300.00
500.00
1776'08"
06'09'01"
N71-13.18"E
S76'55'51"W
91.50
53.65
C2 C19
C19
117.61
500.00
13'28'38"
N80'36'40"E
117.34
:2
CI
C20
98.87
500.00
11'19'45"
S81'41'06"W
98.71
L12
C21
92.38
500.00
10-35.10"
N81'18'48"E
92.25
C22
120.88
200.00
34'37'41"
S6997'33"W
119.04
C23
39.95
100.00
22'53'26'
S63'25'25"W
39.69
C1
SECTION 11
LI
T30S;
R36E, MDM
C1
10
RENU RESOURCES LLC �
APN-44407009
40if-
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ce
1 GNA OJS i"�1000'
ALT-JB-44407009.&g
CRI+IGEN
EXHIBIT C-1
RENU RESOURCES LLC
SECTION 11, T30S, R36E,
MOUNTDIABLO MERIDIAN
SE COINER
SECTNNI 11
T303, R36E
c;,-v/[J--6 Xlv
RECORDING REQUESTED,BY
AND WHEN RECORDED MAIL TO:
The City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
Attn: Willard Yamaguchi, City Attorney
Recording Fee: Exempt pursuant
to California Government Code § 27383
AMENDED AND RESTATED TRANSMISSION EASEMENT AGREEMENT
THIS AMENDED AND RESTATED TRANSMISSION EASEMENT AGREEMENT
(this "Agreement") is made as of January 14, 2011 (the "Effective Date"), by ReNu
RESOURCES, LLC, a Delaware limited liability company ("ReNu" or "Grantor") to the CITY
OF VERNON, a California chartered city ("Vernon" or "Grantee'). Each of Grantor and
Grantee are sometimes referred to herein individually as a "Party" and collectively as the
"Parties". Unless otherwise indicated, capitalized terms have the meanings given them in this
Agreement.
RECITALS
A. ReNu owns that certain real property located in the unincorporated areas of Kern
County, as more particularly described on Exhibit A attached hereto (the "Easement Property").
B. ReNu sold and conveyed to Vernon certain real property located in the
unincorporated areas of Kern county, as more particularly described on Exhibit.B attached hereto
(the "Appurtenant Property"), pursuant to that certain Amended and Restated Purchase and Sale
Agreement and Joint Escrow Instructions (the "Original PSA") by and between ReNu and
Vernon and dated as of October 8, 2008, a memorandum of which was recorded by the County
Recorder of Kern County on October 17, 2008 as document number 0208165198. The Original
PSA was amended by that certain letter amendment dated October 12, 2009 from Vernon to
ReNu (the "First Amendment"), and further amended by that certain Second Amendment to
Amended and Restated Purchase and Sale Agreement and Joint Escrow Instructions dated
October 17, 2010 by and between ReNu and Vernon (the "Second Amendment") and that certain
Third Amendment to Amended and Restated Purchase and Sale Agreement and Joint Escrow
Instructions dated December 1, 2010 (the "Third Amendment"; the Original PSA as amended by
the First Amendment, Second Amendment and Third Amendment, the "PSA").
C. Pursuant to the PSA, the Parties entered into that certain Transmission Easement
dated October 16, 2008 and recorded by the County Recorder of Kern County on October 17,
20,08 as document number 0208165193 (the "Original Agreement").
D. Pursuant to the Original Agreement, Grantor granted to Grantee, among other
things, a general easement appurtenant to and benefitting the Appurtenant Property, which
allows Grantee to designate a route for easements on the Easement Property over which Grantor
LA\2211092.5
will grant Grantee easements required to access and use electric power transmission lines and
other uses.
E. The Parties have determined, identified and agreed to such preferred, specific
easement route, as more particularly described on Exhibit C attached hereto (the "Specific
Easement Route").
F. The Parties now desire to amend and restate the Original Agreement in order to
put of record the Specific Easement Route, and to establish the rights and duties of the Parties
with respect to each other and the Easements.
NOW, THEREFORE, in consideration of the foregoing recitals, the covenants
hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged; Grantor hereby declares as follows:
AGREEMENT
Section 1. GRANT OF EASEMENTS.'
1.1 Easements. Grantor hereby grants to Grantee and Grantee accepts from Grantor
non-exclusive easements (the "Easements") appurtenant to and benefitting the Appurtenant
Property located in, over, across and through the Specific Easement Route to permit Grantee (a)
to access and use electric power transmission lines of (collectively, the "Transmission Owners")
the Los Angeles Department of Water and Power ("LADWP"), Southern California Edison
("SCE") and any other applicable transmission owner, (b) to construct, operate, maintain,
replace, relocate or remove Transmission Facilities, and (c) to access, construct, use or maintain
roads to serve the transmission line and related facilities, in each case in a manner that is
consistent with the Easement Requirements set forth in Section 1.3. Such access is limited to the
Specific Easement Route. Grantee shall be responsible for all reasonable maintenance of such
roads or other facilities based on Grantee's usage of such improvements. "Transmission
Facilities" consist of facilities reasonably necessary for the access and use of electric power
transmission lines described in clause (a) above, including without limitation electrical
substation(s), capacitor yards, batteries and other devices for storage of electrical energy,
electrical cables and wires (including underground), telecommunications lines, junction or splice
boxes, poles, "H" frame structures, towers, cables, wires, conduits, anchors, guys, and devices
and equipment typically associated with such access and use.
1.1.1 Additional Transmission Easement Route. Pursuant to Section 1(d)(iii)(B)
of the PSA, Grantor acknowledges and agrees that Grantee shall have a one-time right to
designate an Additional Transmission Easement Route (as defined therein) on the
Easement Property subject to the requirements of this Section 1 and said Section
l (d)(iii)(B) of the PSA.
1.2 Alternate Route; Minor Amendments. From and after the recording of this
Agreement until the earlier of (i) the Wind Permitting Date (as defined in the PSA) and (ii)
December 31, 2012, Grantee shall have (x) a one-time right to designate an alternate route for the
WL Specific Transmission Easement Route (as defined in the PSA)for interconnection with
LADWP, (y) a one-time right to designate an alternate route for the WL Specific Transmission
2
LA\2211092.5
Easement Route for interconnection with SCE and (z) a one -.time right to designate an alternate
route for the WL Specific Transmission Easement Route for interconnection with one other
Transmission Owner, if any, in each case to the extent reasonably deemed appropriate by
Grantee to facilitate project approvals or to satisfy one or more Transmission Owners (including,
if requested by Grantee, connecting to substations other than the Pine Tree Substation, the Barren
Ridge Substation and the Tehachapi Sub 1 Substation). In such event, Grantor shall, at the
request of Grantee, amend this Agreement for re-recording to an alternate route designated by
Grantee and subject to Grantor's approval, which approval shall not be unreasonably withheld.
Grantee shall reimburse Grantor for any reasonable, out-of-pocket, third party costs incurred by
Grantor in connection with documenting and analyzing any requested amendment to the WL
Specific Transmission Easement Agreement in accordance with this Section 1.2. From time to
time, Grantee may also request minor amendments to the WL Specific Transmission Easement
Route to accommodate specific environmental or terrain concerns (such as avoidance of habitats
for endangered species or avoidance of terrain that will make use of the easement prohibitively
expensive). Grantor hereby agrees (x) not to unreasonably withhold its consent to any such
minor amendment and to promptly execute the same following its receipt thereof and (y) that any
such minor amendment shall not constitute an exercise of Grantee's right to designate an
alternate route for the WL Specific Transmission Easement Route pursuant to the first sentence
of this Section 1.2.
1.3 Easement Requirements. Notwithstanding any other provision of this Agreement,
the Easements granted herein are subject to the following requirements, rights and restrictions
("Easement Requirements'):
1.3.1 Access Requirements. (a) Any use of any easement, right-of-way, license
or other access right granted hereunder by its holder shall be subject to reasonable
conditions as the owner of the real property subject to such easement, right-of-way,
license or other access right may impose from time to time, including requirements of
security, safety, insurance, coordination and advance scheduling, and indemnification;
and (b) the use of any easement, right-of-way, license or other access right granted
hereunder by its holder shall not interfere in any material respect with the use of the real
property subject to such easement, right-of-way, license or other access right by the
owner thereof (collectively, the "Access Requirements").
1.3.2 Grantor's Rights.
(a) No provision of this Agreement shall restrict Grantor's -right to
cross the Easements or to install roads, utilities, transmission lines or other
improvements parallel to or crossing the Easements, unless the foregoing would
materially interfere with Grantee's intended use of the Easements.
(b) Grantor and its agents shall be permitted to use any access,
maintenance or patrol roads installed on the Specific Easement Route or serving
the Easements unless such use would materially interfere with Grantee's intended
use of the Easements.
3
LA\2211092.5
(c) The Easements shall generally be non-exclusive, but shall be
exclusive in areas, if any, that by industry practice are exclusive (such as, but not
limited to, areas for substations, switchyards "and an industry -standard area under
each transmission tower) and where Grantee has provided Grantor with written
notice of the same, except that Grantor shall be entitled to use any roads installed
by Grantor unless such use would materially interfere with Grantee's intended use
of the Easements.
(d) In no event shall' the holder of the Easements use the same for
cellular or other telecommunications purposes except to serve solely the benefited
property of the Easements.
(e) Grantor may from time to time request Grantee to amend this
Agreement to exclude any portions of the Easement Property on which Grantor
will be constructing improvements or as to which Grantor otherwise has a need to
exclude from the Easements. . Provided Grantor uses commercially reasonable
efforts to provide alternate routes for the Easements, Grantee shall consent to any
reasonable request and execute an appropriate amendment to this Agreement in
recordable form. Grantor shall reimburse Grantee for any reasonable out-of-
pocket, third party costs incurred by Grantee in connection with documenting and
analyzing, any requested amendment to this Agreement.
(f) Grantee acknowledges that it has inspected the Specific Easement
Route and shall be deemed to have accepted the Specific Easement Route "AS
IS," in their then condition, and Grantee hereby releases Grantor from any
liability or loss caused by the use of the Easements by Grantee. Grantor shall not
be responsible for and Grantee expressly releases Grantor from and waives any
claim .for loss or damage to person or property (including vehicles) occurring
within the Easement Property due to theft, vandalism, accident or other cause,
unless such claim, loss or damage is caused by the gross negligence or willful
misconduct of Grantor or any of Grantor's invitees, employees, agents,
contractors or tenants. In no event shall Grantor be liable for consequential
damages for any cause whatsoever.
(g) Except as indicated on Exhibit C, and without limiting the width of
the Specific Easement Route as specified therein, the width of the corridor of the
Easements specified in this Section 1.1 shall not exceed the industry standard for
the type of transmission line at issue.
Section 2. TERM. The term of the Easements (the "Term") shall begin upon the Effective
Date, and shall continue in perpetuity. Each of the Easements granted is irrevocable except as
otherwise specified in this Agreement.
Section 3. COST. Except as provided in Section 1.2 hereof, the use of the Easements shall
be at no additional cost paid by Grantee to Grantor; provided that nothing in this Section 3 shall
limit Grantee's obligation to satisfy any indemnity obligation as part of the Access
Requirements.
4
LA\2211092.5
Section 4. TAXES. Grantee will pay or reimburse Grantor for any transfer taxes assessed in
connection with the granting of the Easements. Grantee shall pay any increase in the real or
personal property taxes on the Easement Property that is directly attributable to the installation
by Grantee of any roads or other improvements (including Transmission Facilities) (the "Wind
Project Improvements") on the Specific Easement Route. Grantee shall request that the Wind
Project Improvements be separately assessed and that taxing authorities bill Grantee directly for
taxes attributable .to the Wind Project Improvements. Grantee shall not be liable for taxes
attributable to facilities installed by Grantor or others on the Easement Property (including on the
Specific Easement Route), to the underlying value of the Easement Property itself or for any
increase due to any other cause. Grantee agrees to reimburse Grantor for any taxes paid by
Grantor that are properly payable by Grantee under the terms of this Agreement. To receive
reimbursement, Grantor must submit any property tax bill to Grantee for reimbursement within
thirty (30) days after Grantor receives the bill from a taxing authority. The Parties agree to fully
cooperate to obtain any available tax reductions, refunds or tax .abatements.
Section 5. GRANTEE'S DUTIES AND REPRESENTATIONS.
5.1 Care and Appearance. Grantee shall at all times maintain the Wind Project
Improvements in a neat, clean and presentable condition. Grantee shall not willfully destroy the
Easement Property and shall keep the Specific Easement Route and all Wind Project
Improvements thereon clean and free of debris created by Grantee, its contractors or others
brought on to the Easement Property by Grantee. Grantee shall be responsible for any required
weed control on those portions of Specific Easement Route that are not used as pasture or.
grasslands or actively farmed by Grantor. Grantee shall not use the Specific Easement Route for
storage of materials or staging of construction, except in connection with staging of construction
of roads consented to pursuant to Section 1.1 hereof or as otherwise permitted herein.
5.2 Installation of Underground Facilities by Grantor and .Grantee. Grantee and
Grantor agree to consult each other when either Party desires to install underground facilities
such as pipes and wires that will cross Specific Easement Route. Grantee and Grantor shall first
consult with the other Party and obtain approval of the plans, specifications, exact depths and
locations of the proposed underground facilities before construction. Because of danger of
damage to Grantee's Wind Project Improvements and Grantor's existing improvements (the
"Existing Improvements") and the safety hazard to persons working in the vicinity of Grantee's
Collection Facilities and other equipment, each Party shall give the other at least five (5) days'
notice as to when installation of any such underground facilities is to occur. Each Party shall
coordinate work in these areas to permit the other Party's representative to be present at all times
that excavation or other type of sub -surface, work is performed by such Party within these areas.
Each Party agrees to indemnify the other Party against liability for injuries and claims resulting
from such Parry's failure to comply with the requirements of this Section 5.2. If Grantee's
installation of the underground facilities damages Grantor's Existing Improvements, Grantee at
Grantee's expense shall promptly repair the damaged Existing Improvements to the condition
they were in before installation of the underground facilities. If Grantor's installation of the
underground facilities damages Grantee's Wind Project Improvements, Grantor at Grantor's
expense shall promptly repair the damaged Wind Project Improvements to the condition they
were in before installation of the underground facilities.
LA\2211092.5
5.3 Fences and Gates. At Grantor's request, Grantee shall repair or replace any
fences, gates or cattle guards damaged or removed in connection with Grantee's activities on
Easement Property. Fences removed from the Specific Easement Route, if replaced, shall be
rebuilt by Grantee at its expense in mutually agreeable locations on the Easement Property.
Once completed, all replacement fences, gates and cattle guards shall be owned and maintained
by Grantor. To minimize the need for temporary fencing, Grantor will cooperate with Grantee to
avoid grazing animals on or near the affected Specific Easement Route during periods of
construction, maintenance or removal activity by Grantee.
5.4 Insurance and Indemnity. During the term of this Agreement, Grantee shall
maintain policies of general liability insurance, including contractual liability, completed
operations and products liability coverage with a combined single limit of not less than
$5,000,000 applicable to bodily injury, sickness or death and loss of or damage to property in
any one occurrence and $5,000,000 in the aggregate. Coverage shall be written on an occurrence
basis (not claims made) and coverage shall be at least as broad as the Insurance Services Office
Commercial General Liability Coverage (occurrence form CG0001). Grantor shall be named by
endorsement as an additional insured on such general liability policy. Grantee shall furnish
certificates of insurance to Grantor evidencing the insurance required under this Section 5.3.
Each certificate shall provide that thirty (30) days prior written notice shall be given to Grantor
in the event of cancellation or material change in the policies. All certificates must contain
reference to the additional insured endorsement as required herein. All insurance shall be placed
with California admitted or licensed insurers with a current AM Best's rating of no less than
ANII.
Grantee in accordance with the procedures provided in Section 5.7.2 will indemnify, defend and
hold Grantor harmless against any and all losses, damages, claims, expenses and other liabilities
asserted against Grantor by a third party, including, without limitation, reasonable attorneys'
fees, resulting from or arising out of Grantee's exercise of any rights granted to the Grantee
under this Agreement, including (i) any operations of Grantee on the Specific Easement Route,
(ii) any negligent act or negligent failure to act on the part of Grantee or anyone else engaged in
doing work for Grantee or (iii) any breach of this Agreement by Grantee. This indemnity
agreement does not cover losses of rent, business opportunities, crop production, profits and the
like that may result from Grantor's loss of use of the Specific Easement Route.
5.5 Requirements of Governmental Agencies. Grantee shall comply in all material
respects with valid laws applicable to the Wind Project Improvements. Grantee shall have the
right, in its sole discretion and at its sole expense, to contest the validity or applicability to the
Specific Easement Route or Wind Project Improvements of any law, ordinance, statute, order,
regulation, property assessment or the like made by any governmental agency or entity. Grantee
shall control any such contest and Grantor shall cooperate with Grantee in every reasonable way
in such contest, at no out-of-pocket expense to Grantor.
5.6 Mechanic's Liens. Grantee shall not permit any default arising out of a
mechanic's lien related to Grantee's use of the Specific Easement Route under this Agreement to
be filed against the Specific Easement Route or Easement Property. If Grantee wishes to contest
any such default, Grantee shall, within sixty (60) days after it receives notice of the default,
6
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provide a bond or other security Grantor may reasonably request or remove such default from the
Specific Easement Route in the manner provided by applicable law.
5.7 Hazardous Materials.
5.7.1 Definitions. As used in this Agreement, the terms defined below shall
have the meanings indicated.
5.7.1.1 "Environmental Law" shall mean any federal, state or local law,
statute, ordinance or regulation which imposes any liability on any Grantor,
occupant, lender, mortgagee or party in interest or which places any restriction on
the ownership, occupancy, transferability or use of any real property by reason of
any presence or use of or occurrence regarding any Hazardous Substance,
including, without limitation, the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 ("CERCLA") 42 U.S.C. Section 9601 et
seq., as amended by Superfund Amendments and Reauthorization Act of 1986
("SARA"), Pub. L. 99-499, 100 Stat. 1613, . the Resource, Conservationand
Recovery Act of 1976 ("RCRA"), 42 U.S.C. Section 6901 et seq., the Clean Air
Act ("CAA"), Pub. L. 84-159, as amended by Pub. L. 101-549, 42 U.S.C.
Section 7401 et seq., the Federal Water Pollution Control Act (as amended by the
Clean Water Act of 1977 ("CWA")), 33 U.S.C. Section 1251 et seq., the Toxic
Substances Control Act of 1976 ("TSCA"), 15 U.S.C. Section 2601 et seq.,
California Health and Safety Code, Section 25249.5 et seq., and any
modifications, amendments, and successors to any of the foregoing.
5.7.1.2 "Violation of Environmental Law" shall mean any violation of any
Environmental Law, or any event, occurrence or condition as a consequence of
which, pursuant to any Environmental Law (i) Grantee, Grantor or any occupant
or person having any interest in the Specific Easement Route shall be liable,
(ii) the Specific Easement Route shall be subject to any restriction on use,
ownership, transferability or (iii) any remedial work pertaining to Hazardous
Substances shall be required at or in connection with the Specific Easement
Route.
5.7.1.3 "Hazardous Substance" shall include without limitation:
5.7.1.3.1 Those substances included within the definitions of
"hazardous substances," "hazardous materials," "toxic substances," or
"solid waste" in CERCLA, RCRA, Sections 307 and 311 of CWA, and the
Hazardous Materials Transportation Authorization Act, 49 U.S.C.
Sections 1501 et seq., or in any successors thereto, or in the regulations
promulgated pursuant to said laws;
5.7.1.3.2 Those substances defined as "hazardous waste,
"extremely hazardous waste," or "restricted hazardous waste" in Sections
25115, 25117, 25122.7, and 25140 of the California Health and Safety
Code, or as "hazardous substances" in Sections 25316 and 25281 of the
LA\2211092.5
California Health and Safety Code, and in the regulations promulgated
pursuant to said laws;
5.7.1.3.3 Those substances listed in the United States
Department of Transportation Table (49 CFR 172.101 and amendments
thereto) or by the Environmental Protection Agency (or any successor
agency) as hazardous substances (40 CFR Part 302 and amendments
thereto);
5.7.1.3.4 Petroleum, asbestos, polychlorinated biphenyls,
flammable explosives, radioactive materials, or any material containing
any of the foregoing; and
5.7.1.3.5 Such other substance, materials, and wastes which
are or become regulated by reason of actual or threatened risk of toxicity
causing injury or illness, under any Environmental Law or other
applicable federal, state, or local law, statute, ordinance, or regulation, or
which are classified as hazardous or toxic under federal, state, or local
laws or regulations.
5.7.2 Indemnification. Grantee shall indemnify, hold harmless, protect, and
with counsel chosen by Grantee defend Grantor and Grantor's directors, officers,
employees, agents, successors and assigns from and against any and all claims,
judgments, penalties, fines, losses, damages, costs, expenses and liabilities, including
attorneys' fees and costs, directly or indirectly arising out of or attributable to any actual
or alleged Violation of Environmental Law by Grantee on the Specific Easement Route
or any actual or alleged use, generation, manufacture, production, storage, spillage,
release, threatened release, discharge, disposal, or any other presence or existence of any
Hazardous Substance on, under or about the Specifics Easement Route, or any
transportation, migration, or other movement of any Hazardous Substance from the
Specific Easement Route. This indemnity shall survive the expiration of the term of this
Agreement. In any circumstance in which this indemnity applies, if Grantee fails to
provide a defense as required by this Section 5.7.2, Grantor may employ its own legal
counsel and consultants to prosecute, negotiate, or defend any such claim, action, or
cause of action, and Grantor shall havetheright to compromise or settle the same in good
faith without the necessity of showing actual liability therefore, and without the consent
of Grantee. Grantee shall reimburse .Grantor upon demand for. all costs and expenses
incurred by Grantor, including the amount of all costs of settlements entered into in good
faith, and the fees and other costs and expenses of such attorneys and consultants;
provided, however, if Grantor enters into a settlement without Grantee's consent, Grantee
shall not be liable to indemnify Grantor unless Grantor establishes by final judgment of a
court of competent jurisdiction that Grantee caused the damage on account of which
settlement payment was made and that the amount of the settlement was fair and
reasonable. Notwithstanding any other provisions in this Agreement, the indemnity and
reimbursement obligations of Grantee set forth in this Section 5.7.2 shall not apply to (i)
any matter directly or indirectly arising out of or attributable to any actual or alleged
violation of Environmental Law or any actual or alleged use, generation, manufacture,
8
LA\2211092.5
production, storage, spillage, release, threatened release, discharge, disposal or any other
presence or existence of any Hazardous Substance on, under or about the Specific
Easement Route or any transportation, migration, or other movement of any Hazardous
Substance to or from the Specific Easement Route which either (a) was in existence as of
the date of this Agreement, (b) is caused by either Grantor or the grantees, licensees,
employees or agents of Grantor (exclusive of Grantee, its grantees, licensees, employees
and agents), and/or (c) is caused by a third party and is unrelated to Grantee's operations
on the Specific Easement Route or (ii) any matter brought by Grantor against Grantee
independent of a claim against Grantor by a third party.
5.7.3 Notice of Actions.
5.7.3.1 Grantee shall give immediate written notice to Grantor of: (i) any
proceeding, inquiry, notice, or other communication by or from any governmental
authority, including, without limitation, the California State Department of Health
Services and the Environmental Protection Agency, regarding the presence or
existence of any Hazardous Substance on, under, or about the Specific Easement
Route or any migration thereof from or to the Specific Easement Route or any
actual or alleged Violation of Environmental Law; (ii) all claims made or
threatened against Grantee or the Specific Easement Route relating to any loss or
injury resulting from or pertaining to any Hazardous Substance or Violation of
Environmental Law; (iii) Grantee's discovery of any bccurrence or condition on
any real property that cause the Specific Easement Route or any part thereof to be
subject to any restrictions on, ownership, occupancy, transferability, or use, or
subject the Grantor or any person having any interest in the Specific Easement
Route to any liability, penalty, or disability under any Environmental Law
including, without limitation, any that cause the Specific Easement Route .or any
part thereof to be classified as "border -zone property" under the provisions of
California Health and Safety Code Sections 25220 et seq. or any regulation
thereunder or in connection therewith; and (iv) Grantee's receipt of any notice or
discovery of any information regarding any actual, alleged or potential use,
manufacture, production, storage, spillage, seepage, release, discharge, disposal or
any other presence or existence of any Hazardous Substance on, under or about
the Specific Easement Route or any Violation of Environmental Law pertaining to
Grantee or the Specific Easement Route.
5.7.3.2Immediately upon receipt of the same, Grantee shall deliver to
Grantor copies of any and all orders, notices, permits, applications, reports, and
other communications, documents, and instruments pertaining to the actual or
alleged presence of any Hazardous Substance on, under or about the Specific
Easement Route or Violation of Environmental Law pertaining to Grantee or the
Specific Easement Route.
5.7.3.3 Grantor shall have the right to join and participate in, as a party if
it so elects, any legal proceedings or actions in connection with the Specific
Easement Route involving any Hazardous Substance or any Environmental Law,
and Grantee shall reimburse Grantor upon demand for all of Grantor's costs and
9
LA\2211092.5
expenses in connection therewith, including attorneys' fees, if it is determined
that Grantee's violation of any Environmental Law caused the damage or
contamination complained of in such legal proceedings or actions.
5.8 Removal of Wind Project Improvements. Grantor shall have no ownership or
other interest in any Wind Project Improvements installed by Grantee on the Specific Easement
Route, and Grantee shall -have the express right, at any time and in its sole discretion, to remove
any Wind Project Improvements (excluding roads) from the Specific Easement Route.
5.9 Water Lines . and Existing Improvements. Grantee shall not harm existing
waterlines or other improvements on the Easement Property. Grantee will coordinate with
Grantor to determine the locations of the existing waterlines and improvements. Grantee shall
immediately repair any waterline or improvement it damages
5.10 Breach by Grantee. Upon a breach by Grantee of its duties under this Agreement,
Grantor shall have all remedies against Grantee that it may have under this Agreement, at law or
in equity (including the right to seek an injunction to compel Grantee to specifically perform its
obligations under this Agreement), provided, however, that Grantor specifically waives any right
it may have to terminate this Agreement or the Easements granted hereunder. No delay or
omission of Grantor to exercise any right or remedy shall be construed as a waiver of any such
right or remedy or of any breach by Grantee.
Section 6. GRANTOR'S DUTIES AND REPRESENTATIONS.
6.1 Grantor's Authority. Grantor is the sole fee interest owner of the Easement
Property including the Specific Easement Route and has the unrestricted right and authority to
sign this Agreement and to grant Grantee the Easements and other rights granted in this
Agreement. The persons signing this Agreement, are all of the persons necessary to grant
Grantee the Easements and other rights granted in this Agreement. When signed by both Parties,
this Agreement constitutes a valid and binding agreement enforceable against Grantor in
accordance with its terms.
6.2 Requirements of Governmental Agencies, No Opposition. Grantor shall assist
and fully cooperate with Grantee, at no out-of-pocket expense to Grantor, in complying with or
obtaining any zoning and land use permits and approvals, building permits, environmental
impact reviews or any other approvals required for the financing, construction, installation,
replacement, relocation, maintenance, operation or removal of the Wind Project Improvements,
including execution of applications for such approvals. Grantor shall not oppose, directly or
indirectly (including without limitation assisting any third party directly or indirectly in
opposing) the development or operation of a wind energy project or projects on the Appurtenant
Property, the environmental clearance for such project or related or similar projects of Grantee
on the Appurtenant Property (including under CEQA and NEPA, or any -CEC equivalent
process) or any associated activities or facilities (including without limitation transmission or
gathering systems, interconnection equipment and related system upgrades or similar matters).
10
LA\221 I092.5
Section 7. FINANCING BY GRANTEE.
7.1 Right to Mortgage. Grantee may, upon notice to Grantor, without Grantor's
consent or approval, mortgage, grant deeds of trust, collaterally assign, or otherwise encumber
and grant security interests in all or any part of its interest in this Agreement, the Easements, the
Specific Easement Route and the Wind Project Improvements (collectively, its "Wind Project
Assets") in connection with any financing secured by the Appurtenant Property. These various
security interests in all or a part of the Wind Project Assets are collectively referred to as
"Mortgages" and the holders of the Mortgages, their designees and assigns are referred to as
"Mortgagees". Mortgagees shall use the Wind Project Assets only for the uses permitted under
this Agreement. Mortgagees shall have all rights and remedies allowed them under then existing
laws except as limited by their individual agreements with Grantee, provided that under no
circumstances shall any Mortgagee have any greater rights of ownership or use of
Easement Property than the rights granted to Grantee in this Agreement. The term
"Grantee" includes any person or entity which holds the entire grantee's interest under this
Agreement. Grantor agrees to consent in writing to financing documents as may reasonably be
required by Mortgagees, including financing documents typically required in the context of non -
recourse project financings containing, among others, provisions for material notices, extended
cure periods and replacement easement agreements. Except for a Mortgage or pursuant to
Section 9.19 hereof, Grantee shall not assign or otherwise encumber the Wind Project Assets
without Grantor's prior consent, which consent may be withheld in Grantor's sole discretion.
7.2 Mortgagee Obligations. Any Mortgagee whose interest is held solely for security
purposes shall have no obligation or liability under this Agreement prior to the time the
Mortgagee directly holds an interest in this Agreement, or succeeds toabsolute title to Grantee's
interest. A Mortgagee shall be liable to perform obligations under this Agreement only for and
during the period it directly holds such interest or absolute title.
7.3 Certificates, etc. Grantor shall execute commercially reasonable estoppel
certificates (certifying as to truthful matters, including without limitation that no default then
exists under this Agreement, if such be the case) and consents to assignment as Grantee or any
Mortgagee or Permitted Assignee (as defined below) may reasonably request from time to time.
Grantor and Grantee shall cooperate in amending this Agreement from time to time to include
any provision that may be reasonably requested by Grantee or any Mortgagee or Grantor to
implement the provisions contained in this Agreement or to preserve a Mortgagee's security
interest or the interest of the Grantor, provided such amendments shall not impair any then
existing security interests.
Section 8. NOTICES.
Any notice required or given under this Agreement shall be effective when deposited with the
United States mail, certified, return receipt requested, postage prepaid, or upon delivery (or
refusal of delivery) when sent by overnight courier service or by facsimile or electronic
transmission, and addressed to the following addresses:
11
LA\2211092.5
If to Grantee:
The City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
Attn: Mark Whitworth, City Administrator
Telephone: (323) 583-8811
Facsimile: (323) 587-7596
E-mail: mwhitworth@ci.vernon.ca.us
with a copy to:
Latham & Watkins LLP
355 South Grand Avenue
Los Angeles, California 90071-1560
Attn: ,David B. Rogers
Telephone: (213) 485-1234
Facsimile: (213) 891-8763
E-mail: david.rogers@lw.com
If to Grantor:
c/o CIM Group, Inc.
6922 Hollywood Blvd., Suite 900
Los Angeles, California 90028
Attention: General Counsel
Facsimile No: (310) 496-2887
with a copy to:
CIM Group, Inc.
6922 Hollywood Blvd., Suite 900
Los Angeles, California 90028
Attention: Jennifer Gandin
Facsimile No: (323) 860-4901
with a copy to:
O'Melveny & Myers LLP
400 South Hope Street
Los Angeles, CA 90071
Attention: Greg Thorpe, Esq.
Facsimile No: (213) 430-6407
Section 9. MISCELLANEOUS.
9.1 No Gift or Dedication. Nothing contained in this Agreement shall be deemed to
be a gift or dedication of any portion of the Easement Property to or for the general public or for
12
LA\2211092.5
any public use or purpose whatsoever, it being the intention of the Parties that the Easements and
rights granted in this Agreement, as it may be amended or restated, shall be strictly limited to and
for the purposes herein expressed with respect to private property solely for the benefit of the
Parties and their respective successors and assigns.
9.2 Unavoidable Delays; Force Majeure. If either Party is delayed, hindered in or
prevented from performing any act required under this Agreement by reason of strikes, lockouts,
labor troubles, inability to procure materials, failure of power, restrictive governmental laws or
regulations, natural disasters, war, civil strife or other violence; the affected Party, upon giving
notice to the other Party, shall be excused from performing the act (exceptpayment of
consideration) for the period of the delay. The affected Party shall use its reasonable efforts to
avoid or remove the causes of nonperformance and shall continue performance whenever the
causes for nonperformance are removed.
9.3 Run With the Land. The Easements and any restrictions in this Agreement are
binding upon and shall inure to the benefit of the Parties' Mortgagees and their respective
successors and assigns (including Permitted Assignees (as defined below)), heirs, personal
representatives, tenants invitees and licensees or persons claiming through them. All of the.
provisions of this Agreement shall be enforceable as equitable servitudes and constitute
covenants running with the land pursuant to applicable law, including, without limitation,
Section 1457 et. seq. of the California Civil Code.
9.4 Entire Agreement/Amendments. This Agreement constitutes the entire agreement
between Grantor and Grantee respecting its subject matter and replaces and supersedes any prior
agreements. Any agreement, understanding or representation respecting the subject matter of
this Agreement not expressly set forth in this Agreement or a later writing signed by both Parties,
is null and void. This Agreement and the Easements shall not be modified or amended except in
a writing signed by the Parties or their successors in interest.
The Parties agree to cooperate in the approval and substitution of exhibits and in executing any
additional agreements or amendments reasonably needed by the Parties for their business
purposes so long as they do not adversely affect the rights of either Party or violate the terms and
spirit of this Agreement.
9.5 Dispute Resolution. Any and all disputes, claims or controversies arising out of,
relating to, concerning or pertaining to this Agreement, or to either Parry's performance or
failure .of performance under this Agreement, shall be governed by Section 30 of the PSA, which
is incorporated herein.by this reference.
9.6 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE ANY RIGHT TO
TRIAL BY JURY IN ANY LITIGATION ARISING UNDER THIS AGREEMENT.
9.7 Partial Invalidity.' Should any provision of this Agreement be held, in a final and
unappealable decision by a ,court of competent jurisdiction, to be either invalid, void or
unenforceable, the remaining provisions of this Agreement shall remain in full force and effect,
unimpaired by the holding. Notwithstanding any other provision of this Agreement, the Parties
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agree that in no event shall the Term be for longer periods than the longest periods permitted by
applicable law.
9.8 Tax Credits. If under applicable law Grantee becomes ineligible for any tax
credit, benefit or incentive for alternative energy expenditure established by any local, state or
federal government, then, at Grantee's option, Grantor and Grantee shall amend this Agreement
or replace it with a different instrument so as to convert Grantee's interest in the Specific
Easement Route to a substantially similar interest that makes Grantee eligible for such tax credit; .
benefit or incentive. Grantee agrees to pay the Grantor's attorney fees to review such changes.
9.9 Approvals. No approval required by this Agreement shall be unreasonably
delayed, conditioned or withheld, except in instances where this Agreement specifically permits
a Party to act in its sole discretion. Requests for approvals shall be delivered to the other Parry
according to the notice procedures in Section 8 of this Agreement. Unless a longer or shorter
time is specified, all approvals required of either Party shall be given or refused in writing
delivered to the other Party according to the notice procedures in Section 8 of this Agreement
within ten (10) business days after receipt of the request for approval. Failure by either Party to
respond to a request for action or approval within fifteen (15) business days by either approving
or denying the request shall be deemed an approval.
9.10 Authorization of Other Users. Grantee in its discretion may authorize its
employees, agents, contractors or tenants to use the Specific Easement Route for the purposes
stated in this Agreement.
. 9.11 Lateral Support..Grantee shall have and exercise the right of subjacent and lateral
support for Wind Project Improvements on the Specific Easement Route to whatever extent is
necessary for the safe construction, operation and maintenance of Wind Project Improvements.
Grantor expressly covenants that Grantor shall not excavate so near the sides of or underneath
the Wind Project Improvements as to undermine or otherwise adversely affect their stability.
9.12 Counterpart Signatures. This Agreement may be executed in one or more
counterparts, each of which shall be deemed to be an original, but all of which shall be one and
the same document.
9.13 Article Headings. _Article headings in this Agreement are for convenience only
and are not intended to be used in interpreting or construing the terms, covenants and conditions
of this Agreement.
9.14 Relationship of Parties. The relationship between Grantor and Grantee is that of
grantor and grantee of the Easements only, and neither Grantor nor Grantee is, nor shall it hold
itself out to be, the agent, employee, joint venturer or partner of the other.
9.15 Third Party Beneficiaries. This Agreement is between and for the exclusive
benefit of the Parties, and shall not benefit any third parties.
9.16 Mortgagee Protection. No breach or violation of this Agreement -or of the
restrictions provided herein shall render invalid the lien of any mortgage, deed of trust or similar
instrument securing a loan made by Grantor in good faith and for value with respect to any
( LA\2211092.5 14
portion of the Specific Easement Route, but all of the provisions of this Agreement shall be
binding upon and effective against any subsequent owner (including any mortgagee or
beneficiary under a deed of trust) who acquires title to the Specific Easement Route, or any
portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure or otherwise.
9.17 Estoppel. Grantee shall execute commercially reasonable estoppel certificates
(certifying as- to truthful matters, including without limitation that no default then exists under
this Agreement, if such be the case) as Grantor may reasonably request from time to time.
9.18 Limitation of Liability. No shareholder, member, director, officer, agent or
employee of any Party shall have personal liability for the obligations to be performed by the
parties hereunder.
9.19 Assignment. The rights, powers, and obligations hereunder conferred upon each
Party shall not at any time be transferred or assigned, except to one or more persons or entities
("Permitted Assignees") (a) that own a fee interest in all or any portion of the Appurtenant
Property, (b) through a transfer of such Party's fee interest in all or .any portion of the
Appurtenant Property or Easement Property, as applicable, or (c) that are a lender in connection
with a financing or refinancing on the Appurtenant Property or Easement Property, as applicable.
Without limiting the generality of the foregoing sentence, Grantee shall have the right, upon
notice to Grantor, without Grantor's consent, to sell, convey, or assign all or any portion of its
Wind Project Assets to Permitted Assignees or to grant sub -easements, co -easements, separate
easements, or similar rights, however denominated, to Permitted Assignees. Permitted
Assignees shall use the Wind Project Assets only for the uses permitted under this Agreement.
Permitted Assignees shall have all rights, obligations and remedies allowed them under then
existing laws except as limited by their individual agreements with Grantee, provided that under
no circumstances shall any Permitted Assignee have any greater rights of ownership or use
of Easement Property than the rights granted to Grantee in this Agreement. Each Party
shall have liability only for the obligations to be performed by such Party for the time that such
Party owns the property burdened or benefited hereby. In the event of any transfer by either
Party of its interest in the burdened or benefited property, such Party shall be relieved from all
future liability accruing from and after the date of the transfer or conveyance, and such
obligations shall be binding upon the successor in interest to such Parry.
9.20 Enforcement. The Parties and their respective successors and assigns shall have
the right to enforce, by proceedings at law or in equity, the covenants, restrictions and easements
imposed by this Agreement. The right to enforce this Agreement shall include, without
limitation, the right to maintain a proceeding at law or in equity against, any person or persons
who have violated or who are attempting to violate any of the covenants or restrictions of this
Agreement, to enjoin or prevent them from doing so, to cause the violations to be remedied,
and/or to recover damages for any violations.
9.21 Original_ Agreement. On or after the date that is the later of (a) the exercise or
expiration, as applicable, of Grantee's rights under Section 1.1.1 hereof and (b) the exercise or
expiration, as applicable, of Grantee's rights under Section 1.2 hereof, Grantee shall execute any
documents reasonably requested by Grantor to release from the Original Agreement areas of the
Easement Property that are not part of the Specific Easement Route.
[Remainder of Page Intentionally Left Blank]
IN WITNESS WHEREOF, the Parties have each executed this Agreement as of the date
first written above.
GRANTOR:
ReNu RESOURCES, LLC,
a Delaware limited liability company
By: CIM/Onyx Ranch Manager, LLC,
a Delaware limited liability company,
its Managing Member
By: Renewable Resources Group Holding
Company, Inc.,
;to C)",-ratinrr AAanar r
By:
ACKNOWLEDGEMENT
State of California )
County of O>c AW4)
On - 20//1 before//�� ate, a
Notary Public, personally appeared Fii! `_ who
proved to me on the basis of satisfactory evidence to be the person(&) whose name(a) is/twe
subscribed to the within instrument and acknowledged to me that he/skey executed the same
in his/herLt�authorized capacity(ie&), and that by his/ham signature(-s) on the instrument
the person(4), or the entity upon behalf of which the person(s4 acted, executed the instrument.
I. certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNE hand and official seal.
Signa re �d'OL � (Seal)
��;,.. OIANA VILLALBA
Commission #� 1856885
z ; -s Notary Public - California i
z Los Angeles County
�, My Comm. Ex ires Jul 6, 2013
GRANTEE:
CITY OF VERNON,
a California chartered city
ATTEST:
By:
Mar Whitworth tllard Yama ch'
Cit -Administrator City Clerk
APPROVED AS TO FORM:
ACKNOWLEDGEMENT
State of California I)
County of
On //J'nllll- j �� 20 // _ before me. -a Al-41, 11 UC�1 q a
Notary Public, pe onally appeared N%glkhG/� 4C rhLVj[n -fh , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under. the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
ANA KARINA R�D
Commission #E 1900284 Z
Notary Public - California D
Los Mpeles County
My Comm. E ires Au 19. 2014
EXHIBIT A
Easement Property
Parcel 1: (APN: 153-170-01)
Section 27, 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 2: (APM 153-180-12)
The East half of the Southeast quarter of Section 28, 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.
Except 1/16`h of all coal, oil, gas and other mineral deposits contained in said lands as reserved by an Act
of the Legislature approved May 25, 1921 (Chap. 303, Statutes, 1921), as reserved in the State of
California, in Patent recorded March 29, 1923 in Book 484, Page(s) 42 of Official Records.
Parcel 3: (APN: 153-180-02)
The North half of the Northeast quarter of Section 29, 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-4: (APN: 1536180-04)
The Southwest quarter of the Southeast quarter, and the Southwest quarter of Section 29, 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: 153-170-06)
Fractional Section 35, 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: 181-020-11)
Fractional Section 7, 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.
Except a strip of land 200 feet wide, granted to the City of Los Angeles by Deed recorded March 13, 1920
in Book 346, Page(s) 421 of Deeds.
Also except that portion of said section, granted to the City of Los Angeles by Deed recorded September
20, 1973 in Book 4804, Page(s) 2459 of Official Records.
Exhibit A - 1
LA\2211092.5
Parcel 7: (APN: 181-080-32)
Fractional Section 17, 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.
Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded September 20,
1973 in Book 4804, Page(s) 2459 of Official Records.
Parcel 8: (APN: 181-080-11)
The East half of the Southeast quarter of the Northwest quarter, Lots 1, 2, 3 and 4, and the East half of the
Southwest quarter of Fractional Section 19, 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.
Except a strip of land 200 feet wide, granted to the City of Los Angeles, by Deed recorded July 21, 1921
in Book 366, Page(s) 229 of Deeds.
Parcel 9: (APN: 181-080-30)
The North half of the Northeast quarter, the Southwest quarter of the Northeast quarter, the Northwest
quarter, and the South half of Section 21, 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.
Except a strip of land 250`feet wide; granted to the City of Los Angeles, by Deed recorded September 20,
1973 in Book 4804, Page(s) 2456 of Official Records.
Also except a strip of land 200 feet wide as granted to the City of Los Angeles by Deed recorded
September 20, 1973 in Book 4804, Page(s) 2459 of Official Records.
Parcel 10: (APN: 181-190-02)
The Northwest quarter and the South half of Section 29, 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 11: (APN: 442-020-26)
Section 9, 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: 442-010-10)
The South half of the South half of Section 10, 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
Exhibit A - 2
LA\2211092.5
Except an undivided % 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 13: (APN: 442-030-01)
Section 15, 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 14: (APN: 442-040-01)
The West half of the Southeast quarter, and the East half of the Southwest quarter of Section 18,
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: 444-070-09)
Section 11, 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 16: (APN: 444-090-04)
Section 13, 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.
Exhibit A - 3
LA\2211092.5
EXHIBIT B
Appurtenant Property
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.
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.
Exhibit B - 1
LA\2211092.5
Parcel 8: (APN: 181-190-16)
Fractional Section 36, Township 30 South, Range 36'/2 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'/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 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.
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, 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.
Parce118: (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; Countyof Kern, State of California, according to the Official Plat thereof.
Parcel 20: (APN: 444-020-09)
The West half of the Northeast quarter, 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.
Exhibit B - 3
LA\2211092.5
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.
Parcel26: (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.
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.
Exhibit B - 4
LA\2211092.5
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: 444480-13 & 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.
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.
Exhibit B - 5
LA\2211092.5 -
Parcel39: (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.
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
Exhibit B - 6
LA\2211092.5
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 2.7, 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 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.
Exhibit B - 7
LA\2211092.5
EXHIBIT C
Specific Easement Route
[Attached]
Exhibit C - 1
LA\2211092.5
EASEMENT DESCRIPTION:
An easement aver property owned by Renu Resources LLG, (°Grantors"), situate in Section 19, Tovmship 30 South, Range 37 East, Mount
Diablo Meridian, Kern County, California, and being more particularly described as follows
'rho portion of "Grantor's" land shown above (see easement document)
Contains: 18.10 acres, more or less, (as described)
'THIS DRAWING SHOULD BE USED ONLYAS A REPRESENTATION OF THE LOCATION OFTHE EASEMENT BEINGCOWEYED. THE EXACT LOCATION OFALL STRUCTURES,
LINES AND APPURTENANCES IS SUMECTTO CHANGE WITHIN THE BOUNDARIES OF THE RIGHr OF WAY HERF.04 GRANTED
REV DATE: G114110 DESC. UESCRIPTION I BY CM CHK OH JAPP CH
�'= E E C T R (C RyLp EXHIBIT C NExTer "
C C 0 N I U I i d N 1 S, INC C "OUG SECTION
9, U CES LLC PROPERTY EN ER ".µ me«
SALT LAKE CITY, UTAH MOUNT DIABLO MERIDIAN
B50 V.A 7W SmA %m& am Ur HV (Wa 202-BL% - SCALE V-800'
Tuesday, June t5, 201.0
ItENU R1sSn1JRC'ES LLC
APN 18108011
DI?SCR.IPTION
An easement 150 feet in width, situate in the North 1-ialf of Section 19,'rowuship 30
South, Range 37 Fast, Mount Diablo Meridian, Kern County, California. Said easement
being 75 feet perpendicularly distant each side of the following described centerline, to
wit:
Beginning at a point on the west line of said Section 19, which is 1029.67 feet, more or.
Less, N.00°04'05" W along the section line from the West quarter corner of said Section
19 and running thence 5.82°42'47"Ii 5457,77 feet to the east line of said Section 19 and
tcmunating. LESS and excepting that portion lying within the City of Los Angeles
pipeline property, APN 1810834.fhe sidelines of said easement shall be prolonged or
shortened so as to intersect the west line of said land at the point of beginumg and the
cast line of said land at the point of termination.
The above -described easement contains 788,650 square feet or 18.10 acres, more or less.
EXHIBIT C
(continued)
N . C R.-
S .2
i
i
Renu Resources LLC
APN--18108030
SECTION 21
T30S, R37E, MDM I.
I
Jawbone Canyon Rd.
W.114 COFL City of Los Angeles
SEC. 21 APN-18108029
P.O.B.
So'04'48"W 10.00'(TIE) —
S61 °58'00"E 218.06'
75.00'
;• A .. 160.00,
S61'581001E 721.8T `' •.: ' •:..
S61'58'00"E 2618.7IT
• ......:.
S61°58'00"E 262,18'
Renu Resources LLC
I APN-18108030. '
City of Los Angeles
APN-18108033 S61'58'00'E 1820.01,
EASEMENT DESCRIPTION:
An easement over property owned by Renu Resources LLC, ("Grantors"), situate In Section 21, Township 30 South, Range 37 Eas4 Mount
Diablo Meridian, Kam County, California, and being more particularly described as follows:
Tile portion of "Grantors" land shown above (see easement document)
Contains: 17.77 acres, more or less, (as described)
THIS DRAWING SHOULD BE USED ONLY ASAREPRESENTATION OFTHELOCATIONOFTHE EASEMENT BEING CONVEYED. THE EXACT LOCATION OF ALL STRUCTURE%
LINES AND APPURTENANCES IS SU&IECTTD CHANGE WITHIN THE BOUNDARIES OF THE RIGHT OF WAY HEREIN GRANTED
- REV - DATE UiVIO I DESC. DESCRIPTION BY CM CHK GH " APP W
1yA••b•rt• w EXHIBIT C
Emmil
E� 1 R I C A L (continued) NEXTera
CO u !III * ll} r1 I u p THROUGI I RENU RESOURCES LLC PROPERTY E1 V E 1 NYAw.O�,C°,a,
II i 1I 1 II 1 i II 4 SECTION 21 T30S., R37E s
SALT LAKECITY, UTAH MOUNTDIABLDMERIDIAN
aN Wat 700 swlh Ww& Ow4 LIT WO (0) W-M sCAI E r=800
,Tuesday, June 15, 2010
RF.NUI RESOURCES LLC
APN 181.08030
DESCRIPTION
An easement 150 feet in width, situate in Section 21, Township 30 South, Range 37 East,
Mount Diablo Meridian, Kern County, California. Said easement being 75 feet
perpendicularly distant each side of the following described centerline, to wit:
Beginning at a point on the west line of said Section 21, which is 10.09 feet, more or less,
5.00°04'48"W along the section line from the West quarter corner of said Section 21 and
roaming thence S.61°58'00" E 5641.79 feet to the south line of said Section 21 and
terminating. LESS and excepting those portions lying within the City of .Los Angeles
pipeline property, APN 1810829 and transmission line property, APN 18108033. 'The
sidelines of said easement shall be prolonged or shortened so as to intersect the west line
of said land at the point of beginning and the south line of said land at the point of
termination.
The above -described easement contains 774,096 square feet or 17.77 acres, more or .less.
EXHIBIT C
(continued)
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
James W. Fitch Assessor— Recorder PATTI
Kern County Official Aecords 3/16/2011
Recorded at the request of 10:04 AM
Document Process Solution
D0C#: 0211034177
The City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
Attn: Willard Yamaguchi, City Attorney
$tat Types: 1 Pages: 55
Fees
0.00
Taxes
0.00
Others
0.00
PAID
$0.00
Recording Fee: Exempt pursuant
to California Government Code § 27383
AMENDED AND RESTATED ACCESS EASEMENT AND LICENSE AGREEMENT
THIS AMENDED AND RESTATED ACCESS EASEMENT AND LICENSE
AGREEMENT (this "Agreement") is made as of January 14, 2011 (the "Effective Date"), by
ReNu RESOURCES, LLC, a Delaware limited liability company ("ReNu" or "Grantor") to the
CITY OF VERNON, a California chartered city ("Vernon" or "Grantee"). Each of Grantor and
Grantee are sometimes referred to herein individually as a "PgM" and collectively as the
"Parties". Unless otherwise indicated, capitalized terms have the meanings given them in this
Agreement.
RECITALS
A. ReNu owns that certain real property located in the unincorporated areas of Kern
County, as more particularly described on Exhibit A attached hereto (the "Easement Property").
B. ReNu sold and conveyed to Vernon certain real property located in the
unincorporated areas of Kern county, as more particularly described on Exhibit B attached hereto
(the "Appurtenant Property"), pursuant to that certain Amended and Restated Purchase and Sale
Agreement and Joint Escrow Instructions (the "Original PSA") by and between ReNu and
Vernon and dated as of October 8, 2008, a memorandum of which was recorded by the County
Recorder of Kern County on October 17, 2008 as document number 0208165198. The Original
PSA was amended by that certain letter amendment dated October 12, 2009 from Vernon to
ReNu (the "First Amendment"), and further amended by that certain Second Amendment to
Amended and Restated Purchase and Sale Agreement and Joint Escrow Instructions dated
October 17, 2010 by and between ReNu and Vernon (the "Second Amendment") and that certain
Third Amendment to Amended and Restated Purchase and Sale Agreement and Joint Escrow
Instructions dated December 1, 2010 (the "Third Amendment"; the Original PSA as amended by
the First Amendment, Second Amendment and Third Amendment, the "PSA").
C. Pursuant to the PSA; the Parties entered into that certain Access Easement and
License Agreement dated October 16, 2008 and recorded by the County Recorder of Kern
County on October 17, 2008 as document number 0208165195 (the "Original Agreement").
D. Pursuant to the Original Agreement, Grantor granted to Grantee, among other
things, a general easement appurtenant to and beneiitting the Appurtenant Property, which
allows Grantee to designate locations for easements on the Easement Property over which
Grantor will grant Grantee easements required to access utilities and to access or construct roads.
LA\2145419.13
t.
E. The. Parties have determined, identified and agreed to such preferred, specific
easement locations, as more particularly described on Exhibit C attached hereto (the "Specific
Easement Locations").
F. The Parties now desire to amend and restate the Original Agreement in order to
put of record the Specific Easement Locations, and to establish the rights and duties of the
Parties with respect to each other and the Easements.
NOW, THEREFORE, in consideration of the foregoing recitals, the covenants
hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Grantor hereby declares as follows:
AGREEMENT
Section 1. GRANT OF EASEMENTS AND LICENSE.
1.1 Easements. Grantor hereby grants to Grantee and Grantee accepts from Grantor
non-exclusive easements (the "Easements") appurtenant to and benefitting the Appurtenant
Property located in, over, across and through the Specific Easement Locations to permit Grantee
(a) to access Utility Facilities (including the right to construct, operate, maintain, replace,
relocate or remove facilities reasonably necessary for such access, including without limitation
piping, electrical cables and wires (including underground), junction or splice boxes, electrical
energy storage or similar facilities) and (b) to access (or, with the consent of Grantor not to be
unreasonably withheld, construct) roads of any type (dirt, gravel or paved, including for
transportation of cranes, turbines and other equipment and materials used in connection with the
Wind Project (as defined below)), in each case in a manner that is consistent with the Easement
Requirements set forth in Section 1.3 and only to the extent that any such access or related rights
cannot reasonably be provided (including taking into account materially increased costs to
Grantee resulting from using the Appurtenant Property to access the relevant utilities or
constructing roads on the Appurtenant Property over the costs that would be incurred from using
the Easement Property) on the Appurtenant Property or within or adjacent to the WL Specific
Transmission Easement Route (as defined in the PSA). Such access is limited to the Specific
Easement Locations. Grantee shall be responsible for all reasonable maintenance of such roads
or other facilities based on Grantee's usage of such improvements. "Utility Facilities" consist of
facilities that provide utility services, including without limitation water, electricity, piping,
drainage and other services typically associated with utility service.
1.1.1 Additional Easement Locations. Pursuant to Section 1(e)(v) of the PSA,
Grantor acknowledges and agrees that Grantee shall have the right from time to time but
no later than December 31, 2012 to designate on the Easement Property additional
Easements subject to the requirements of this Section 1 and said Section l(e)(v) of the
PSA.
1.2 License. Grantor hereby grants to Grantee and Grantee accepts from Grantor an
irrevocable, non-exclusive license, expiring on the first anniversary of the date of
commencement of commercial operation of a wind energy project (the "Wind Project") on the
Appurtenant Property, to access the Easement Property for the purpose of conducting studies,
2
LA\2145419.13
investigations and tests thereon, and the physical components thereof, to the extent reasonably
related to the development of the Appurtenant Property, in each case in a manner that is
consistent with the Access Requirements set forth in Section 1.3.1 (collectively, the "License").
1.3 Easement Requirements'. Notwithstanding any other provision of this Agreement,
the Easements and License granted herein are subject to the following requirements, rights and
restrictions ("Easement Requirements"):
1.3.1 Access Requirements. (a) Any use of any easement, right-of-way, license
or other access right granted hereunder by its holder shall be subject to reasonable
conditions as the owner of the real property subject to such easement, right-of-way,
license or other access right may impose from time to time, including requirements of
security, safety, insurance, coordination and advance scheduling, and indemnification;
and (b) the use of any easement, right-of-way, license or other access right granted
hereunder by its holder shall not interfere in any material respect with the use of the real
property subject to such easement, right-of-way, license or other access right by the
owner thereof (collectively, the "Access Requirements").
1.3.2 Grantor's Rights.
(a) No provision of this Agreement shall restrict Grantor's right to
cross the Easements or to install roads, utilities, transmission lines or other
improvements parallel to or crossing the Easements, unless the foregoing would
materially interfere with Grantee's intended use of the Easements.
(b) Grantor and its agents shall be permitted to use any access,
maintenance or patrol roads installed on the Specific Easement Locations or
serving the Easements unless such use would materially interfere with Grantee's
intended use of the Easements.
(c) The Easements shall generally be non-exclusive, but shall be
exclusive in areas, if any, that by industry practice are exclusive and where
Grantee has provided Grantor with written notice of the same, except that Grantor
shall be entitled to use any roads installed by Grantor unless such use would
materially interfere with Grantee's intended use of the Easements.
(d) In no event shall the holder of the Easements use the same for
cellular or other telecommunications purposes except to serve solely the benefited
property of the Easements.
(e) Grantor may from time to time request Grantee to amend this
Agreement to exclude any portions of the Easement Property on which Grantor
will be constructing improvements or as to which Grantor otherwise has a need to
exclude from the Easements. Provided Grantor uses commercially reasonable
efforts to provide alternate routes for the Easements, Grantee shall consent to any
reasonable request and execute an appropriate amendment to this Agreement in
recordable form. Grantor shall reimburse Grantee for any reasonable out-of-
3
LA\2145419.13
pocket, third party costs incurred by Grantee in connection with documenting and
analyzing any requested amendment to this Agreement.
(f) Grantee acknowledges that it has inspected the Specific Easement
Locations and shall be deemed to have accepted the Specific Easement Locations
"AS IS," in their then condition, and Grantee hereby releases Grantor from any
liability or loss caused by the use of the Easements by Grantee. Grantor shall not
be responsible for and Grantee expressly releases Grantor from and waives any
claim for loss or damage to person or property (including vehicles) occurring
within the Easement Property due to theft, vandalism, accident or other cause,
unless such claim, loss or damage is caused by the gross negligence or willful
misconduct of Grantor or any. of Grantor's invitees, employees, agents,
contractors or tenants. In no event shall Grantor be liable for consequential
damages for any cause whatsoever.
(g) Except as indicated on Exhibit C, and without limiting the width of
the Specific Easement Locations as specified therein, the width of the corridor of
the Easements specified in this Section 1.1 shall not exceed the. industry standard
for such easements at issue.
Section 2. TERM. The term of the Easements (the "Term") shall begin upon the Effective
Date, and shall continue in perpetuity. Each of the Easements granted is irrevocable except as
otherwise specified in this Agreement. The License shall expire on the first anniversary of the
date of commencement of commercial operation of the Wind Project, and Grantee shall execute,
acknowledge where appropriate and deliver any reasonable documents submitted by Grantor to
release and reconvey the License following its expiration.
Section 3. COST. The use of the Easements shall be at no additional cost paid by Grantee
to Grantor; provided that nothing in this Section 3 shall limit Grantee's obligation to satisfy any
indemnity obligation as part of the Access Requirements.
Section 4. TAXES. Grantee will pay or reimburse Grantor for any transfer taxes assessed in
connection with the granting of the Easements. Grantee shall pay any increase in the real or
personal property taxes on the Easement Property that is directly attributable to the installation
by Grantee of any roads approved by Grantor or other improvements permitted hereunder (the
"Wind Project Improvements") on the Specific Easement Locations. Grantee shall request that
the Wind Project Improvements be separately assessed and that taxing authorities bill Grantee
directly for taxes attributable to the Wind Project Improvements. Grantee shall not be liable for
taxes attributable to facilities installed by Grantor or others on the Easement Property (including
on the Specific Easement Locations), to the underlying value of the Easement Property itself or
for any increase due to any other cause. Grantee agrees to reimburse Grantor for any taxes paid
by Grantor that are properly payable by Grantee under the terms of this Agreement. To receive
reimbursement, Grantor must submit any property tax bill to Grantee for reimbursement within
thirty (30) days after Grantor receives the bill from a taxing authority. The Parties agree to fully
cooperate to obtain any available tax reductions, refunds or tax abatements.
4
LA\2145419.13
Section 5. GRANTEE'S DUTIES AND REPRESENTATIONS.
5.1 Care and Appearance. Grantee shall at all times maintain the Wind Project
Improvements in a neat, clean and presentable condition. Grantee shall not willfully destroy the.
Easement Property and shall keep the Specific Easement Locations and all Wind Project
Improvements_ thereon clean and free of debris created by Grantee, its contractors or others
brought on to the Easement Property by Grantee. Grantee shall be responsible for any required
weed control on those portions of Specific Easement Locations that are not used as pasture or
grasslands or actively farmed by Grantor. Grantee shall not use the Specific Easement Locations
for storage of materials or staging of construction, except in connection with staging of
construction of roads consented to pursuant to Section 1.1 hereof or as otherwise permitted
herein.
5.2 Installation of Underground Facilities by Grantor and Grantee. Grantee and
Grantor agree to consult each other when either Party desires to install underground facilities
such as pipes and wires that will cross Specific Easement Locations. Grantee and Grantor shall
first consult with the other Party and obtain approval of the plans, specifications, exact depths
and locations of the proposed underground facilities before construction. Because of danger of
damage to Grantee's Wind Project Improvements and Grantor's existing improvements (the
"Existing Improvements") and the safety hazard to persons working in the. vicinity of Grantee's
Collection Facilities and other equipment, each Party shall give the other at least five (5) days'
notice as to when installation of any such underground facilities is to occur. Each Party shall
coordinate work in these areas to permit the other Party's representative to be present at all times
that excavation or other type of sub -surface work is performed by such Party within these areas.
Each Party agrees to indemnify the other Party against liability for injuries and claims resulting
from such Party's failure to comply with the requirements of .this Section 5.2. If Grantee's
installation of the underground facilities damages Grantor's Existing Improvements, Grantee at
Grantee's expense shall promptly repair the damaged Existing Improvements to the condition
they were in before installation of the underground facilities. If Grantor's installation of the
underground facilities damages Grantee's Wind Project Improvements, Grantor at Grantor's
expense shall promptly repair the damaged Wind Project Improvements to the condition they
were in before installation of the underground facilities.
5.3 Fences and Gates. At Grantor's request, Grantee shall repair or replace any
fences, gates or cattle guards damaged or removed in connection with Grantee's activities on
Easement Property. Fences removed from the Specific Easement Locations, if replaced; shall be
rebuilt by Grantee at its expense in mutually agreeable locations on the Easement Property.
Once completed, all replacement fences, gates and cattle guards shall be owned and maintained
by Grantor. To minimize the need for temporary fencing, Grantor will cooperate with Grantee to
avoid grazing animals on or near the affected Specific Easement Locations during periods of
construction, maintenance or removal activity by Grantee.
5.4 Insurance and Indemnity. During the term of this Agreement, Grantee shall
maintain policies of general liability insurance, including contractual liability, completed
operations and products liability coverage with a combined single limit of not less than
$5,000,000 applicable to bodily injury, sickness or death and loss of or damage to property in
any one occurrence and $5,000,000 in the aggregate. Coverage shall be written on an occurrence
basis (not claims made) and coverage shall be at least as broad as the Insurance Services Office
Commercial General Liability Coverage (occurrence form CG0001). Grantor shall be named by
endorsement as an additional insured on such general liability policy. Grantee shall furnish
certificates of insurance to Grantor evidencing the insurance required under this Section 5.3.
Each certificate shall provide that thirty (30) days prior written notice shall be given to Grantor
in the event of cancellation or material. change in the policies. All certificates must contain
reference to the additional insured endorsement as required herein. All insurance shall be placed
with California admitted or licensed insurers with a current AM Best's rating of no less than
A: VII.
Grantee in accordance with the procedures provided in Section 5.7.2 will indemnify, defend and
hold Grantor harmless against any and all losses, damages, claims, expenses and other liabilities
asserted against Grantor by a third party, including, .without limitation, reasonable attorneys'
fees, resulting from or arising out of Grantee's exercise of any rights granted to the Grantee
under this Agreement, including (i) any operations of Grantee on the Specific Easement
Locations, (ii) any negligent act or negligent failure to act on the part of Grantee or anyone else
engaged in doing work for Grantee or (iii) any breach of this Agreement by Grantee. This
indemnity agreement does not cover losses of rent, business opportunities, crop production,
profits and the like that may result from Grantor's loss of use of the Specific Easement
Locations.
5.5 Requirements of Governmental Agencies. n�. Grantee shall comply in all material
respects with valid laws applicable to the Wind Project Improvements. Grantee shall have the
right, in its sole discretion and at its sole expense, to contest the validity or applicability to the
Specific Easement Locations or Wind Project Improvements of any law, ordinance, statute,
.order, regulation, property assessment or the like made by any governmental agency or entity.
Grantee shall control any such contest and Grantor shall cooperate with Grantee in every
reasonable way in such contest, at no out-of-pocket expense to Grantor.
5.6 Mechanic's Liens. Grantee shall not permit any default arising out of a
mechanic's lien related to Grantee's use of the Specific Easement Locations under this
Agreement to be filed against the Specific Easement Locations or Easement Property. If Grantee
wishes to contest any such default, Grantee shall, within sixty (60) days after it receives notice of
the default, provide a bond or other security Grantor may reasonably request or remove such
default from the Specific Easement Locations in the manner provided by applicable law.
5.7 Hazardous Materials.
5.7.1 Definitions. As used in this Agreement, the terms defined below shall
have the meanings indicated.
5.7.1.1 `Environmental Law" shall mean any federal, state or local law,
statute, ordinance or regulation which imposes any liability on any Grantor,
occupant, lender, mortgagee or party in interest or which places any restriction on
the ownership, occupancy, transferability or use of any real property by reason of
any presence or use of or occurrence regarding any Hazardous Substance,
including, without limitation, the Comprehensive Environmental Response,
6
LA\2145419.13
Compensation and Liability Act of 1980 ("CERCLA") 42 U.S.C. Section 9601 et
seq., as amended by Superfund Amendments and Reauthorization Act of 1986
("SARA" ), Pub. L. 99-499, 100 Stat. 1613, the Resource, Conservation and
Recovery Act of 1976 ("RCRA" ),' 42 U.S.C. Section 6901 et seq., the Clean Air
Act ("CAA"), Pub. L. 84-159, as amended by Pub. L. 101-549, 42 U.S.C.
Section 7401 et seq., the Federal Water Pollution Control Act (as amended by the
Clean Water Act of 1977 ("CWA" )), 33 U.S.C. Section 1251 et seq., the Toxic
Substances Control Act of 1976 ("TSCA'), 15 U.S.C. Section 2601 et seq.,
California Health and Safety Code, Section 25249.5 et seq., and any
modifications, amendments, and successors to any of the foregoing.
5.7.1.2 "Violation of Environmental Law" shall mean any violation of any
Environmental Law, or any event, occurrence or condition as a consequence of
which, pursuant to any Environmental Law (i) Grantee, Grantor or any occupant
or person having any interest in the Specific Easement Locations shall be liable,
(ii) the Specific Easement Locations shall be subject to any restriction on use,
ownership, transferability or (iii) any remedial work pertaining to Hazardous
Substances shall be required at or in connection with the Specific Easement
Locations.
5.7.1.3 "Hazardous Substance" shall include without limitation:
5.7.1.3.1 Those substances included within the definitions of
"hazardous substances," "hazardous materials," "toxic substances," or
"solid waste" in CERCLA, RCRA, Sections 307 and 311 of CWA, and the
Hazardous Materials Transportation Authorization Act, 49 U.S.C.
Sections 1501 et seq., or in any successors thereto, or in the regulations
promulgated pursuant to said laws;
5.7.1.3.2 Those substances defined as "hazardous waste,"
"extremely hazardous waste," or "restricted hazardous waste" in Sections
25115, 25117, 25122.7, and 25140 of the California Health and Safety
Code, or as "hazardous substances" in Sections 25316 and 25281 of the
California Health and Safety Code, and in the regulations promulgated
pursuant to said laws;
5.7.1.3.3 Those substances listed in the United States
Department of Transportation Table (49 CFR 172.101 and amendments
thereto) or by the Environmental Protection Agency (or any successor
agency) as hazardous substances (40 CFR Part 302 and amendments
thereto);
5.7.1.3.4 Petroleum, asbestos, polychlorinated biphenyls,
flammable explosives, radioactive materials; or any material containing
any of the foregoing; and
7
LA\2145419.13
5.7.1.3.5 Such other substance, materials, and wastes which
are or become regulated by reason of actual or threatened risk of toxicity
causing injury or illness, under any Environmental Law or other
applicable federal, state, or local law, statute, ordinance, or regulation, or
which are classified as hazardous or toxic under federal, state, or local
laws or regulations.
5.7.2 Indemnification. Grantee shall indemnify, hold harmless, protect, and
with counsel chosen by Grantee defend Grantor and Grantor's directors, officers,
employees, agents, successors and assigns from and against any and all claims,
judgments, penalties, fines, losses, damages, costs, expenses and liabilities, including
attorneys' fees and costs, directly or indirectly arising out of or attributable to any actual
or alleged Violation of Environmental Law by Grantee on the Specific Easement
Locations or any actual or alleged use, generation, manufacture, production, storage,
spillage, release, threatened release, discharge, disposal, or any other presence or
existence of any Hazardous Substance on, under or about the Specific Easement
Locations, or any transportation, migration, or other movement of any Hazardous
Substance from the Specific Easement Locations. This indemnity shall survive the
expiration of the term of this Agreement. In any circumstance in which this indemnity
applies, if Grantee fails to provide a defense as required by this Section 5.7.2, Grantor
may employ its own legal counsel and consultants to prosecute, negotiate, or defend any
such claim, action, or cause of action, and Grantor shall have the right to compromise or
settle the same in good faith without the necessity of showing actual liability therefore,
and without the consent of Grantee. Grantee shall reimburse Grantor upon demand for
all costs and expenses incurred by Grantor, including the amount of . all costs of
settlements entered into in good faith, and the fees and other costs and expenses of such
attorneys and consultants; provided, however, if Grantor enters into a settlement without
Grantee's consent, Grantee shall not be liable to indemnify Grantor unless Grantor
establishes by final judgment of a court of competent jurisdiction that Grantee caused the
damage on account of which settlement payment was made and that the amount of the
settlement was fair and reasonable. Notwithstanding any other provisions in this
Agreement, the indemnity and reimbursement obligations of Grantee set forth in this
Section 5.7.2 shall not apply to (i) any matter directly or indirectly arising out of or
attributable to any actual or alleged violation of Environmental Law or any actual or
alleged use, generation, manufacture, production, storage, spillage, release, threatened
release, discharge, disposal or any other presence or existence of any Hazardous
Substance on, under or about the Specific Easement Locations or any transportation,
migration, or other. movement of any Hazardous Substance to or from the Specific
Easement Locations which either (a) was in existence as of the date of this Agreement,
(b) is caused by either Grantor or the grantees, licensees, employees or agents of Grantor
(exclusive of Grantee, its grantees, licensees, employees and agents), and/or (c) is caused
by a third party and is unrelated to Grantee's operations on the Specific Easement
Locations or (ii) any matter brought by Grantor against Grantee independent of a claim
against Grantor by a third party.
8
5.7.3 Notice of Actions.
5.7.3.1 Grantee shall give immediate written notice to Grantor of: (i) any
proceeding, inquiry, notice, or other communication by or from any governmental
authority, including, without limitation, the California State Department of Health
Services and the Environmental Protection Agency, regarding the presence or
existence of any Hazardous Substance on, under, or about the Specific Easement
Locations or any migration thereof from or to the Specific Easement Locations or
any actual or alleged Violation of Environmental Law; (ii) all claims made or
threatened against Grantee or the Specific Easement Locations relating to any loss
or injury resulting from or pertaining to any Hazardous Substance or Violation of
Environmental Law; (iii) Grantee's discovery of any occurrence or condition on
any real property that cause the Specific Easement Locations or any part thereof
to be subject to any restrictions on ownership, occupancy, transferability, or use,
or subject the Grantor or any person having any interest in the Specific Easement
Locations to any liability, penalty, or disability under any Environmental Law
including, without limitation, any that cause the Specific Easement Locations or
any part thereof to be classified as "border -zone property" under the provisions of
California Health and Safety Code Sections 25220 et seq. or any regulation
thereunder or in connection therewith; and (iv) Grantee's receipt of any notice or
discovery of any information regarding any actual, alleged or potential use,
manufacture, production, storage, spillage, seepage, release, discharge, disposal or
any other presence or existence of any Hazardous Substance on, under or about
the Specific Easement Locations or any Violation of Environmental Law
pertaining to Grantee or the Specific Easement Locations.
5.7.3.2Immediately upon receipt of the same, Grantee shall deliver to
Grantor copies of any and all orders, notices, permits, applications, reports, and
other communications, documents, and instruments pertaining to the actual or
alleged presence of any Hazardous Substance on, under or about the Specific
Easement Locations or Violation of Environmental Law pertaining to Grantee or
the Specific Easement Locations.
5.7.3.3 Grantor shall have the right to join and participate in, as a party if
it so elects, any legal proceedings or actions in connection with the Specific
Easement Locations involving any Hazardous Substance or any Environmental
Law; and Grantee shall reimburse Grantor upon demand for all of Grantor's costs
and expenses in connection therewith, including attorneys' fees, if it is determined
that Grantee's violation of any Environmental Law caused the damage or
contamination complained of in such legal proceedings or actions.
5.8 Removal of Wind Project Improvements. Grantor shall have no ownership or
other interest in any Wind Project Improvements installed by Grantee on the Specific Easement
Locations, and Grantee shall have the express right, at any time and in its sole discretion, to
remove any Wind Project Improvements (excluding roads) from the Specific Easement`
Locations.
9
LA\2145419.13
5.9 Water Lines and Existing Improvements. Grantee shall not harm existing
waterlines or other improvements on the Easement Property. Grantee will coordinate with
Grantor to determine the locations of the existing waterlines and improvements. Grantee shall
immediately repair any waterline or improvement it damages..
5.10 Breach by Grantee. Upon a breach by Grantee of its duties under this Agreement,
Grantor shall have all remedies against Grantee that it may have under this Agreement, at law or
in equity (including the right to seek an injunction to compel Grantee to specifically perform its
obligations under this Agreement), provided, however, that Grantor specifically waives any right
it may have to terminate this Agreement or the Easements granted hereunder. No delay or
omission of Grantor to exercise any right or remedy shall be construed as a waiver of any such
right or remedy or of any breach by Grantee.
Section 6. GRANTOR'S DUTIES AND REPRESENTATIONS.
6.1 Grantor's Authority. Grantor is the sole fee interest owner of the Easement
Property including the Specific Easement Locations and has the unrestricted right and authority
to sign this Agreement and to grant Grantee the Easements and other rights granted in this
Agreement. The persons signing this Agreement are all of the persons necessary to grant
Grantee the Easements and other rights granted in this Agreement. When signed by both Parties,
this Agreement constitutes a valid and binding agreement enforceable against Grantor in
accordance with its terms.
6.2 Requirements of Governmental Agencies, No Opposition. Grantor shall assist
and fully cooperate with Grantee, at no out-of-pocket expense to Grantor, in complying with or
obtaining any zoning and land use permits and approvals, building permits; environmental
impact reviews or any other approvals required for the financing, construction, installation,
replacement, relocation, maintenance, operation or removal of the Wind Project Improvements,
including execution of applications for such approvals. Grantor shall not oppose, directly or
indirectly (including without limitation assisting any third party directly or indirectly in
opposing) the Wind Project, the environmental clearance for such project or related or similar
projects of Grantee on the Appurtenant Property (including under CEQA and NEPA, or any CEC
equivalent process) or any associated activities or facilities (including without limitation
transmission or gathering systems, interconnection equipment and related system upgrades or
similar matters).
Section 7. FINANCING BY GRANTEE.
7.1 Right to Mortgage. Grantee may, upon notice to Grantor, without Grantor's
consent or approval, mortgage, grant deeds of trust, collaterally assign, or otherwise encumber
and grant security interests in all or any part of its interest in this Agreement, the Easements, the
Specific Easement Locations and the Wind Project Improvements (collectively, its "Wind
Project Assets") in connection with any financing secured by the Appurtenant Property. These
various security interests in all or a part of the Wind Project Assets are collectively referred to as
"Mortgages" and the holders of the Mortgages, their designees and assigns are referred to as.
."Mortgagees". Mortgagees shall use the Wind Project Assets only for the uses permitted under
this Agreement. Mortgagees shall have all rights and remedies allowed them under then existing
10
LA\2145419.13
laws except as limited by their individual agreements with Grantee, provided that under no
circumstances shall any Mortgagee have any greater rights of ownership or use of
Easement Property than, the rights granted to Grantee in this Agreement. The term
"Grantee" includes any person or entity which holds the entire grantee's interest under this
Agreement. Grantor agrees to consent in writing to financing documents as may reasonably be
required by Mortgagees, including financing documents typically required in the context of non -
recourse project financings containing, among others, provisions for material notices, extended
cure periods and replacement easement agreements. Except for a Mortgage or pursuant to
Section 9.19 hereof, Grantee shall not assign or otherwise encumber the Wind Project Assets
without Grantor's prior consent, which consent may be withheld in Grantor's sole discretion.
7.2 Mortgagee Obligations. Any Mortgagee whose interest is held solely for security
purposes shall have no obligation or liability under this Agreement prior to the time the
Mortgagee directly holds an interest in this Agreement, or succeeds to absolute title to Grantee's
interest. A Mortgagee shall be liable to perform obligations under this Agreement only for and
during the period it directly holds such interest or absolute title.
7.3 Certificates, etc. Grantor shall execute commercially reasonable estoppel
certificates (certifying as to truthful matters, including without limitation that no default then
exists under this Agreement, if such be the case) and consents to assignment as Grantee or any
Mortgagee or Permitted Assignee (as defined below) may reasonably request from time to time.
Grantor and Grantee shall cooperate in amending this Agreement from time to time to include
any provision that may be reasonably requested by Grantee or any Mortgagee or Grantor to
implement the provisions contained in this Agreement or to preserve a Mortgagee's security
interest or the interest of the Grantor, provided such amendments shall not impair any then
existing security interests.
Section 8. NOTICES.
Any notice required or given under this Agreement shall be effective when deposited with the
United States mail, certified, return receipt requested, postage prepaid, or upon delivery (or
refusal of delivery) when sent by overnight courier service or by facsimile or electronic
transmission, and addressed to the following addresses:
If to Grantee:
The City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
Attn: Mark Whitworth, City Administrator
Telephone: (323) 583-8811
Facsimile: (323) 587-7596
E-mail: mwhitworth@ci.vernon.ca.us
11
LA\2145419. l3
with a copy to:
Latham & Watkins LLP
355 South Grand Avenue
Los Angeles, California 90071-1560
Attn: David B. Rogers
Telephone: (213) 485-1234
Facsimile: (213) 891-8763
E-mail: david.rogers@lw.com
If to Grantor:
c/o CIM Group, Inc.
6922 Hollywood Blvd., Suite 900
Los Angeles, California 90028
Attention: General Counsel
Facsimile No: (310) 496-2887
with a copy to:
CIM Group, Inc.
6922 Hollywood Blvd., Suite 900
Los Angeles, California 90028
Attention: Jennifer Gandin
Facsimile No: (323) 860-4901
with a copy to:
O'Melveny & Myers LLP
400 South Hope Street
Los Angeles, CA 90071
Attention: Greg Thorpe, Esq.
Facsimile No: (213) 430-6407
Section 9. MISCELLANEOUS.
9.1 No Gift or Dedication. Nothing contained in this Agreement shall be deemed to
be a gift or dedication of any portion of the Easement Property to. or for the general public or for
any public use or purpose whatsoever, it being the intention of the Parties that the Easements, the
License and rights granted in this Agreement, as it may be amended or restated, shall be strictly
limited to and for the purposes herein expressed with respect to private property solely for the
benefit of the Parties and their respective successors and assigns.
9.2 Unavoidable Delays; Force Majeure. If either Party is delayed, hindered in or
prevented from performing any act required under this Agreement by reason of strikes, lockouts,
labor troubles, inability to procure materials, failure of power, restrictive governmental laws or
regulations, natural disasters, war, civil strife or other violence, the affected Party, upon giving
12
LA\2145419.13
notice to the other . Party, shall be excused from performing the act (except payment of
consideration) for the period of the delay. The affected Party shall use its reasonable efforts to
avoid or remove the causes of nonperformance and shall continue performance whenever the
causes for nonperformance are removed.
9.3 Run With the Land. The Easements and any restrictions in this Agreement are
binding upon and shall inure to the benefit of the Parties' Mortgagees and their respective
successors and assigns (including Permitted Assignees (as defined below)), heirs, personal
representatives, tenants invitees and licensees or persons claiming through them. All of the
provisions of this Agreement shall be enforceable as equitable servitudes and constitute
covenants running with the land pursuant to applicable law, including, without limitation,
Section 1457 et. seq. of the California Civil Code.
9.4 Entire Agreement/Amendments. This Agreement constitutes the entire agreement
between Grantor and Grantee respecting its subject matter and replaces and supersedes any prior
agreements. Any agreement, understanding or representation respecting the subject matter of
this Agreement not expressly set forth in this Agreement or a later writing signed by both Parties,
is null and void. This Agreement and the Easements shall not be modified or amended except in
a writing signed by the Parties or their successors in interest.
The Parties agree to cooperate in the approval and substitution of exhibits and in executing any
additional agreements or amendments reasonably needed by the Parties for their business
purposes so long as they do not adversely affect the rights of either Party or violate the terms and
spirit of this Agreement.
9.5 Dispute Resolution. Any and all disputes, claims or controversies arising out of,
relating to, concerning or pertaining to this Agreement, or to either Party's performance or
failure of performance under this Agreement, shall be governed by Section 30 of the PSA, which
is incorporated herein by this reference.
9.6 Waiver of JuryTrial. THE PARTIES HEREBY WAIVE ANY RIGHT TO
TRIAL BY JURY IN ANY LITIGATION ARISING UNDER THIS AGREEMENT.
9.7 Partial Invalidity. Should any provision of this Agreement be held, in a final and
unappealable decision by a court of competent jurisdiction, to be either invalid, void or
unenforceable, the remaining provisions of this Agreement shall remain in full force and effect,
unimpaired by the holding. Notwithstanding any other provision of this Agreement, the Parties
agree that in no event shall the Term be for longer periods than the longest periods permitted by
applicable law.
9.8 Tax Credits. If under applicable law Grantee becomes ineligible for any tax
credit, benefit or incentive for alternative energy expenditure established by any local, state or
federal government, then, at Grantee's option, Grantor and Grantee shall amend this Agreement
or replace it with a different instrument so as to convert Grantee's interest in the Specific
Easement Locations to a substantially similar interest that makes Grantee eligible for such tax
credit, benefit or incentive. Grantee agrees to pay the Grantor's attorney fees to review such
13
9.9 Approvals. No approval required by this Agreement shall be unreasonably
delayed, conditioned or withheld, except in instances where this Agreement specifically permits
a Party to act in its sole discretion. Requests for approvals shall be delivered to the other Party
according to the notice procedures in Section 8 of this Agreement. Unless a longer or shorter
time is specified, all approvals required of either Party shall be given or refused in writing
delivered to the other Party according to the notice procedures in Section 8 of this Agreement
within ten (10) business days after receipt of the request for approval. Failure by either Party to
respond to a request for action or approval within fifteen (15) business days by either approving
or denying the request shall be deemed an approval.
9.10 Authorization of Other Users. Grantee in its discretion may authorize its
employees, agents, contractors or tenants to use the Specific Easement Locations for ` the
purposes stated in this Agreement.
9.11 Lateral Support. Grantee shall have and exercise the right of subjacent and lateral
support for Wind Project Improvements on the Specific Easement Locations to whatever extent
is necessary for the safe construction, operation and maintenance of Wind Project Improvements.
Grantor expressly covenants that Grantor shall not excavate so near the sides of or underneath
the Wind Project Improvements as to undermine or otherwise adversely affect their stability.
9.12 Counterpart Signatures. This Agreement may be executed in one or more
counterparts, each of which shall be deemed to be an original, but all of which shall be one and
the same document.
9.13 Article Headinas. Article headings in this Agreement are for convenience only
and, are not intended to be used in interpreting or construing the terms, covenants and conditions
of this Agreement.
9.14 Relationship of Parties. The relationship between Grantor and Grantee is that of
grantor and grantee of the Easements only, and neither Grantor nor Grantee is, nor shall it hold
itself out to be, the agent, employee, joint venturer or partner of the other.
9.15 Third Party Beneficiaries. This Agreement is between and for the exclusive
benefit of the Parties, and shall not benefit any third parties.
9.16 Mortgagee Protection. No breach or violation of this Agreement or of the
restrictions provided herein shall render invalid the lien of any mortgage, deed of trust or similar
instrument securing a loan made by Grantor in good faith and for value with respect to any
portion of the Specific Easement Locations, but all of the provisions of this Agreement shall be
binding upon and effective against any subsequent owner (including any mortgagee or
beneficiary under a deed of trust) who acquires title to the Specific Easement Locations, or any
portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure or otherwise.
9.17 Estoppel. Grantee shall execute commercially reasonable estoppel certificates
(certifying as to truthful matters, including without limitation that no default then exists under
this Agreement, if such be the case) as Grantor may reasonably request from time to time.
14
LA\2145419.13
9.18 Limitation of Liability. No shareholder, member, director, officer, agent or
employee of any Party shall have personal liability for the obligations to be performed by the
parties hereunder.
9.19 Assi nment. The rights, powers, and obligations hereunder conferred upon each
Party shall not at any time be transferred or assigned, except to one or more persons or entities
("Permitted Assigner") (a) that own a fee interest in all or any portion of the Appurtenant
Property, (b) through a transfer of such Party's fee interest in all or any portion of the
Appurtenant Property or Easement Property, as applicable, or (c) that are a lender in connection
with a financing or refinancing on the Appurtenant Property or Easement Property, as applicable.
Without limiting the generality of the foregoing sentence, Grantee shall have the right, upon
notice to Grantor, without Grantor's consent, to sell, convey, or assign all or any portion of its
Wind Project Assets to Permitted Assignees or to grant sub -easements, co -easements, separate
easements, sub -licenses or similar rights, however denominated, to Permitted Assignees.
Permitted Assignees shall use the Wind Project Assets only for the uses permitted under this
Agreement. Permitted Assignees shall have all rights, obligations and remedies allowed them
under then existing laws except as limited by their individual agreements with Grantee, provided
that under no circumstances shall any Permitted Assignee have any greater rights of
ownership or use of Easement Property than the rights granted to Grantee in this
Agreement. Each Party shall have liability only for the obligations to be performed by such
Party for the time that such Party owns the property burdened or benefited hereby. In the event
of any transfer by either Party of its interest in the burdened or benefited property, such Party
shall be relieved from all future liability accruing from and after the date of the transfer or
conveyance, and such obligations shall be binding upon the successor in interest to such Party.
9.20 Enforcement. The Parties and their respective successors and assigns shall have
the right to enforce, by proceedings at law or in equity, the covenants, restrictions and easements
imposed by this Agreement. The right to enforce this Agreement shall include, without
limitation, the right to maintain a proceeding at law or in against any person or persons
who have violated or who are attempting to violate any of the covenants or restrictions of this
Agreement, to enjoin or prevent ahem from doing so, to cause the violations to be remedied,
and/or to recover damages for any violations.
9.21 Originalgreement. On or after the date that Grantee's right to designate
additional easement locations shall terminate pursuant to Section l (e)(v) of the PSA, Grantee
shall execute any documents reasonably requested by Grantor to release from the Original
Agreement areas of the Easement Property that are not part of the Specific Easement Locations.
[Remainder of Page Intentionally Left Blank]
IN WITNESS WHEREOF, the Parties have each executed this Agreement as of.the date
first written above.
GRANTOR:
ReNu RESOURCES, LLC,
a Delaware limited liability company
By: CIM/Onyx Ranch Manager, LLC,
a Delaware limited liability company,
its Managing Member
By: Renewable Resources Group Holding
Company, Inc.,
its Operating Manager
By
willer
resident
ACKNOWLEDGEMENT
State of California )
County of '4-7/5 )
On / 20 //, fore me �, /� 'i a
Notary Public, personally appeared cGU����?/-._ who
proved to me on the basis of satisfactory evidence to be the person(s-) whose name(s) is/afe
subscribed to the within instrument and acknowledged to me that he/sh executed the same
in his/hefAkerr authorized capacity(•ie4), and that by his/hertheir signature(s) on the instrument
the person($), or the entity upon behalf of which the person(&) acted, executed the instrument..
I certify under PENALTY OF PERJURY under the laws of the State of. California that the
foregoing paragraph is true and correct.
WITNESS and and official seal.
Signatu c- = (Seal) DIANA VILLALBA
Commission # 1856885 Z
a "•� Notary Public - California z
Z :Los Angeles County
My Comm. Expires Jul 6, 2013
GRANTEE:
CITY OF VERNON,
a California chartered city
By:/'Xl"'
Ma Whitworth
Cit Administrator
ATTEST:
B '
'hard Yama uc i
City Clerk
APPROVED AS TO FORM:
B _
Willard Yamagu i
City Attorney
ACKNOWLEDGEMENT
State of California )
County of /—O j' �4e,6P )
On 61a 20H, before me, Aq G�'!%�� l�U�'�,�I , a
Notary Public, p sonally appeared _ /ar//fhl�J�/�, who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seat
Signature- ' _ (Seal)
—Ah1A KARINA RUEOA
Commission # 1900284
• Notary Public - California D
Los Angeles County
My Comm. Expires Aug19, 2014
EXHIBIT A
Easement Property
EASTERN SOLAR LAND
Parcel 1: (APN 153-140-05)
Section 9, Township 29 South, Range 36 East, Mount Diablo Base and Meridian, in the unincorporated
area, County of Kern, State of California, according to the Official Plat thereof.
Parcel 2: (APN:153-140-07)
The East half of Fractional Section 7, 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 3: (APN: 153-140-08)
The West half of Fractional Section 7, 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.
i
Parcel 4: (APN: 153-130-05)
Section 11, 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: 153-150-02)
The Northeast quarter, the East half of the Northwest quarter, the Northwest quarter of the Northwest
quarter, the North half of the Southeast quarter, and the Southeast quarter of the Southeast quarter of
Section 15, 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: 153-150-04)
Section 13, 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 7: (APN: 153-160-02)
Section 17, 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 8: (APN: 153-160-06)
The Northeast quarter, the Northeast quarter of the Southeast quarter, the Northeast quarter of the
Northwest quarter, and Lots 1 and 2,.of Fractional Section 19, 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.
Exhibit A - 1
LA\2145419.13
Parcel 9: (APN: 153-160-04)
Section 21, 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 10: (APN: 153-150-06)
The East half of the East half, the Southwest quarter of the Southeast quarter, and the South half of the
Southwest quarter, of Section 23, 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 11: (APN: 153-170-03)
Section 25, 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 12: (APN: 153-17,0-04)
The Northwest quarter of the Northwest quarter, the East half of the Northwest quarter, the Northeast
quarter, and the South half of Section 36, 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.
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
June 10, 1958 in Book 2962, Page(s) 503 of Official Records.
Parcel 13: (APN: 153-240-14)
The Southwest quarter of Section 29, Township 29 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.
Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded March 13, 1920
in Book 346, Page(s) 421 of Deeds.
Also except that portion of said Southwest quarter, granted to the City of Los Angeles by Deed recorded
September 20, 1973, in Book 4804, Page(s) 2459 of Official Records.
Parcel 14: (APN: 153-240-12)
Section 31, Township 29 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.
Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded March 13,
1920, in Book 346, Page(s) 421 of Deeds.
Also except that portion of said section, granted to the City of Los Angeles by Deed recorded September
20, 1973 in Book 4804, Page(s) 2459 of Official Records.
Parcel 15: (APN: 153-240-16)
The South half of the Northwest quarter, the Southwest quarter of the Northeast quarter, the West half of
the Southeast quarter, and the Southwest quarter, of Fractional Section 33, Township 29 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.
Except a strip of land 250 feet wide granted to the City of Los Angeles, by Deed recorded September 20,
1973 in Book 4804, Page(s) 2456 of Official Records.
Parcel 16: (APN:181=020-02)
Fractional Section 5, 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 17: (APN: 181-020-13)
Fractional Section 9, 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.
Except a strip of land 250 feet wide granted to the City of Los Angeles, by Deed recorded September 20,
1973 in Book 4804, Page(s) 2456 of Official Records.
Parcel 18: (APN 444-070-05)
The North half, and the Southwest quarter of Fractional Section 1, Township 30 South, Range 36 East,
Mount Diablo Base and Meridian, in the unincorporated area, County of Kern, State of California,
according to the Official Plat thereof.
WESTERN SOLAR LAND
Parcel 19: (APN: 153-070-02)
Lots 1 and 2 of the Northeast quarter, the East half of Lot 2 of the Northwest quarter, the North half of the
Southeast quarter, and the Southeast quarter of the Southeast quarter, of Fractional Section 3, 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 20: (APN: 153-070-03)
The Southwest quarter of the Southwest quarter of Fractional Section 3, 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 21: (APN; 153-070-07)
Section 11, 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.
Exhibit A - 3
LA\2145419.13
Parcel 22: (APN: 153-080-08)
Lots 1 and 2 of the Northeast quarter, and the Southeast quarter of Fractional Section 5, 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.
Parcel23: (APN: 153-080-02)
Lots 1 and 2 of the Northwest quarter, and the Southwest quarter of Fractional Section 5, 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 24: (APN: 153-080-05)
The Southeast quarter of Section 8, 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 25: (APN: 153-080-04)
Section 9, 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 26: (APN: 153-090-01)
Section 15, 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 27: (APN: 153-090-03)
Section 13, 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 28: (APN: 153-100-03)
Section 17, 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 29: (APN: 153-100-10)
Section 21, 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 30: (APN: 153-090-05)
Section 23, 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 31: (APN: 153-110-03)
Exhibit A 4
LA\2145419.13
Section 25, 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 32: (APN: 153-110-01)
Section 27, 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 33: (APN: 153-120-02)
Section 29, 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 34: (APN: 153-120-04)
The North half of the Northeast quarter, and the Northeast quarter of the Northwest quarter of Section 28,
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 35: (APN: 153-120-07)
The East half of the Northeast quarter, the Northwest quarter of the Northeast quarter, the East half of the
Southeast quarter, and the West half of Section 33, 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.
EASEMENT PARCELS
Parcel 36: (APN: 153-170-01)
Section 27, 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 37: (APN: 153-180-12)
The East half of the Southeast quarter of Section 28, 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.
Except 1/16th of all coal, oil, gas and other mineral deposits contained in said lands as reserved by an Act
of the Legislature approved May 25, 1921 (Chap. 303, Statutes, 1921), as reserved in the State of
California, in Patent recorded March 29, 1923 in Book 484, Page(s) 42 of Official Records.
Parcel 38: (APN: 153-180-02)
The North half of the Northeast quarter of Section 29, 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 39: (APN: 153-180-04) .
Exhibit A - 5
LA\2145419.13
The Southwest quarter of the Southeast quarter, and the Southwest quarter of Section 29, 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 40: (APN: 153-170-06)
Fractional Section 35, 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 41: (APN: 181-020-11)
Fractional Section 7, 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.
Except a strip of land 200 feet wide, granted to the City of Los Angeles by Deed recorded March 13, 1920
in Book 346, Page(s) 421 of Deeds.
Also except that portion of said section, granted to the City of Los Angeles by Deed recorded September
20, 1973 in Book 4804, Page(s) 2459 of Official Records.
Parcel 42: (APN: 181-080-32)
Fractional Section 17, 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.
Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded September 20,
1973 in Book 4804, Page(s) 2459 of Official Records.
Parcel 43: (APN: 181-080-11)
The East half of the Southeast quarter of the Northwest quarter, Lots 1, 2, 3 and 4, and the East half of the
Southwest quarter of Fractional Section 19, 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.
Except a strip of land 200 feet wide, granted to the City of Los Angeles, by Deed recorded July 21, 1921
in Book 366, Page(s) 229 of Deeds.
Parcel 44: (APN: 181-080-30)
The North half of the Northeast quarter, the Southwest quarter of the Northeast quarter, the Northwest
quarter, and the South half of Section 21, 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.
Except a strip of land 250 feet wide, granted to the City of Los Angeles, by Deed recorded September 20,
1973 in Book 4804, Page(s) 2456 of Official Records.
Also except a strip of land 200 feet wide as granted to the City of Los Angeles by Deed recorded
September 20, 1973 in Book 4804, Page(s) 2459 of Official Records.
Exhibit A - 6
LA\2145419.13
Parcel 45: (APN: 181-190-02)
The Northwest quarter and the South half of Section 29, 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 46: (APN: 442-020-20)
Section 9, 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 47: (APN: 442-010-10)
The South half of the South half of Section 10, 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 48: (APN: 442-030-01)
Section 15, 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 49: (APN: 442-040-01)
The West half of the Southeast quarter, and the East half of the Southwest quarter of Section 18,
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 50: (APN: 444-070-09)
Section 11, 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 51: (APN: 444-090-04)
Section 13, 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 52: (APN 153-051-03)
Section 25, Township 29 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.
Exhibit A - 7
LA\2145419.13
Parcel 53: (APN 153-070-05)
Lots 1,2,3,4,5,6,7,8,9,10 and 11, the Southwest quarter of the Northeast quarter,; the West half of the
Southeast quarter, and the Southwest quarter of Fractional Section 1, 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 54 (APN 153-100-13)
The East half of Section 19; Lot 1 of the Northwest quarter, the North Half of Lot 2 of the Northwest
quarter; and Lots 1 and 2 of the Southwest quarter of Fractional Section 19, 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 55; (APN 153-130-03)
Fractional Section 1, 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 56: (APN 153-030-05)
Section 13, Township 29 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 57: (APN 153-130-01)
Fractional Section 3, 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.
Exhibit A - 8
LA\2145419.13
EXHIBIT B
Appurtenant Property
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. .
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.
Exhibit B - 1
LA\2145419.13
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 mineraldeposits 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''/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 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.
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.
Exhibit B - 2
LA\2145419.13
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, 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.
Parcel 20: (APN: 444-020-09)
The West half of the Northeast quarter, 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.
Exhibit B - 3
LA\2145419.13
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)
Section17, 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.
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.
Exhibit B - 4
LA\2145419.13
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.
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.
Exhibit B - 5
LA\2145419.13
1
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.
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
Exhibit B - 6
LA\2145419.13
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)
Section29, 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.
Exhibit B - 7
LA\2145419.13
EXHIBIT C
Specific Easement Locations
[Attached]
LA\2145419.13
North Sky River Energy Windfarm EXHIBIT C
Access Strips
Page 1 of 3 pages
APN:153-180-04
RENU RESOURCES, LLC
Description
Situated in a portion of Section 29, Township 29 South, Range 36 East, Mount Diablo Meridian,
in an unincorporated area of the County of Kern, State of California.
Three strips of land, 80.00 feet in width, running from Jawbone Canyon Road, a Kern County
Road, said strips being 40 feet perpendicularly distant each side of the following described
centerline, to wit:
Skip 1
COMMENCING AT a 2" Iron Post monument with a 2 1 /2" brass cap marked "US General
Land Office Survey, 1920, T29S R35E, 529, S28, 532, S33" at the Section Corner common to
Sections 29, 28, 32, and 33, Township 29 South, Range 36 East, Mount Diablo Meridian;
Thence along the lime common to said Sections 29 and 32, North 89°57'58" West a distance of
1396.40 feet to the Point of Beginning, said point being on the south line of the Grantor's land;
Thence leaving said Section line and south line, North 32°14'26" West a distance of 413.75 feet;
Thence 162.54 feet along the arc of a tangent curve right with a radius of 1000.00 feet, through a
central angle of 09° 18'47", subtended by a chord bearing North 27035103" West a chord distance
of 162.36 feet;
Thence North 22°55'40" West a distance of 392.35 feet;
Thence 158.79 feet along the arc of a tangent curve right with a radius of 500.00 feet, through a
central angle of 18*1146", subtended by a chord bearing North 13149'46" West a chord distance
of 158.13 feet;
Thence North 04°43'53" West a distance of 237.51 feet;
Thence 54.28 feet along the arc of a tangent curve left with a radius of 170.00 feet, through a
central angle of 18°17'38", subtended by a chord bearing North 13°52'42" West a chord distance
of 54.05 feet to the point of termination on the north line of the Grantor's land, said point bears
North 30°4832" East a distance of 1510.30 feet from the quarter section corner common to said
Sections 29 and 32.
End of Strip 1 description
North Sky River Energy Windfarm EXHIBIT C
Access Strips
Page 2 of 3 pages
Striv 2
COMMENCING AT a 2" Iron Post monument with a 21 brass cap Secion Cornett common to
S General
Land Office Survey, 1920, T29S R35E, S29, S28, S32, 533
Sections 29, 28, 32, and 33, Township 29 South, Range 36 East, Mount Diablo Meridian;
The along the line common to said Sections 29 and
32, North
89297'58" and ; West a distance of
2689.01 feet to the quarter section corner common
to ec
Thence leaving said common line and grantor's south line, North 30°48'32" East a distance of
1510.30 feet more or less to the Grantor's north line;
Thence along said north line North 89°21'06" West a distance of 306.30 feet to the Point of
Beginning,
Thence from said POINT OF BEGINNING, South 38°14'49" West a distance of 729.04 feet;
Thence 106.70 feet along the arc of a tangent curved bearing South 20rus ° 1 of 17We0stf a chord d d through
central angle of 35o57 45 , subtended by a
of feet; fc of a
104.96 feet along the arreverse tangent curve to the right with a radius of 500.00
Thence 6 feet;
feet, through a central angle of 25°05' 15", subtended by a chord bearing South 14°49'42" West
217.19 feet;
Thence through
a feet al angle
f 48 38'52'arc of a e subtended by a chord bearse tangent curve to the n g South 03°02' 4" West
with a radius of 500.00
feet, through a central angle o
411.90 feet;
et along the arc of a reverse tangent curve to the right with a radius
Thence approximately 8:98 fe
of 150.00 feet, through a central angle of 03°25'43", subtended by a chord bearing South
1903T41" East 8.97 feet to the point of termination being on the Grantor's south line and the line
common to said Sections 29 and 32, said point of terminus bears North 89'59' 11" West a
- distance of 106.29 feet from quarter section corner common to said Sections 29 and 32.
End of Strip 2 description
North Sky River Energy Windfarm EXHIBIT C
Access Strips
Page 3 of 3 pages.
Stria 3
COMMENCING at the Section Corner common to said Sections 30, 29, 31, and 32, Township
29 South, Range 36,East, Mount Diablo Meridian;
Thence along the line common to Sections 29 and 32 and the south line of the Grantor's land,
South 99159' 11" East a distance of 337.05 feet to the Point of Beginning;
Thence from said POINT OF BEGINNING, North 43°28'49" West a distance of
approximately 514. l3 feet to the line common to Sections 29 and 30 and the west line of the
Grantor's land;
Thence along said common and grantor's west line, South 02134'02"East a distance of 373.35
feet to the Section Comer common to said Sections 30, 29, 31, and 32, Township 29 South,
Range 36 East, Mount Diablo Meridian.
The Basis of Bearings for this description is The California Coordinate System, Zone 5, NAD
83, Epoch 2002.00 (Grid). All distances are also grid. Multiply distances by 1.0002433 to obtain
ground distances.
The sidelines of said strips shall be lengthened or shortened so as to intersect the north, south and
west lines of said Grantor's land.
The above -described strips contains 6.28 acres, more or less, total.
End of Descriptions
Date:
David J Stringer, PS 5590
AS DEPICTED ON
EXHIBIT C-1
LINE TABLE
LINE NO. BEARING DISTANCE
L7 N32'14'26"W 413.75
L2 N22'55'40"W 392.35
L3 N04'43'53"W 237.51
L4 S38'14'49"W 729.04 -
CURVE TABLE
L5 N43'28'49"W 514-13 CURVE NO. LENGTH RADIUS DELTA
Cl- 162.54 1000.00 09'18'47"
C2 158.79 500.00 18'11'46"
C3 54.28 170.00 18*17'38"
C4 106.70 170.00 35'57'45"
C5 218.93 500.00 25*05'15"
C6 424.53 500.00 48'38'52"
C7 8.98 150.00 03'25'43"
SECTION 29
N89"21'06"w
T29S, R36E, MDM
306.30 (TIE)
RENU RESOURCES, LLC
ERMINUS
APN 153-180-04
P.O.B.
Cv
N
ASV
ERMINUS
NO2°34'02"W
373.35 (TIE)
P.O.B. ERMINUS
`� ,— N89° 57' S8"W
�'
"v �N89° 57' 58"W"W —•' 2689.01 (TIE) ��
���V0'
�V
1292.65 (TIE) 1396.40 (TIE)
��O
��
P.O.B.
(v0
N89° 59' 11"W cad
N89` 59' 11"W
y� ��'
337.05 (TIE) off. �
106.29 (TIE)
JAWBONE CANYON ROAD
DATE:
DRAWN BY:
CHK BY:
SCALE:
— — —
EXHIBIT C-1
6/30/10
GNA
JRC
1"=1000'
DRAWING: NRSE—apn_15318004_NE_Access_Road.dwg
-
RENU RESOURCES, LLC
Cp
I+
I^
E
A
�
SECTION 29 T29S,
R36E,
R v
V
MOUNT DIABLO
MERIDIAN
PAGE 1 OF
1
North Sky River Energy Windfarm
Access Strip EXHIBIT C
Page 1 of 2 pages
APN:181-080-30
RENU RESOURCES LLC
Description
Situated in a portion of Section 21, Township 30 South, Range 37 East, Mount Diablo Meridian,
in an unincorporated area of the County of Kern, State of California.
A strip 80.00 feet in width, the centerline of which is coincident with the centerline of Jawbone
Canyon Road (a Kern County Road), running from the easterly line of said Section 21 to the
westerly line of said Section 21, said strip being 40 feet perpendicularly distant each side of the
following described centerline, to wit:
COMMENCING AT a 2 1/2" Iron Post monument in concrete with a 2" washer marked "Kern
County Surveyor, Jan 1991; T30S R37E, 21, 22, 28, 27" at the Section Corner common to
Sections 21, 22, 28, and 29, Township 30 South, Range 37 East, Mount Diablo Meridian;
Thence North 00105'32" West 170.07 feet along the Section line common to Sections 21 and 22,
said Township and Range, to the Point of Beginning, said point being on the east line of the
Grantor's land and the centerline of said Jawbone Canyon Road;
Thence from said POINT OF BEGINNING, North 55'02' 18" West a distance of 167.47 feet;
Thence North 56°49'21" West a distance of 1455.67 feet;
Thence 820.09 feet along the are of a tangent curve right with a radius of 1100.00 feet, through a
central angle of 42°42'58", subtended by a chord bearing North 35°27'53" West a chord distance
of 801.23 feet;
Thence North 14°06'24" West a distance of 521.56 feet;
Thence 191.97 feet along the arc of a tangent curve left with a radius of 150.00 feet, through a
central angle of 73°19'35", subtended by a chord bearing North 50'46'11" West a chord distance
of 179.13 feet;
Thence 702.91 feet along the arc of a reverse tangent curve right with a radius of 7770.24 feet,
through a central angle of 05°10'59", subtendcd by a chord bearing North 84°50'29". West 702.67
feet to a point;
Thence 332.30 feet along the are of a compound tangent curve right with a radius of 325.00 feet,
through a central angle of 589458", subtended by a chord bearing North 52°57'30" West a
chord distance of 318.01 feet;
Thence North 23°40'01" West distance of 138.12 feet;
Thence 390.38 feet along the arc of a tangent curve left with a radius of 450.00 feet, through a
central angle of 49�42'18", subtended by a chord bearing North 48*31'10" West a chord distance
of 378.26 feet;
North Sky River Energy Windfarm
Access Strip EXHIBIT C
Page 2 of 2 pages
Thence North 730221191, West a distance of 298.33 feet;
Thence 53.64 feet along the arc of a tangent curve right with a radius of 600.00 feet, through a
central angle of 05°07'21" , subtended by a chord bearing North 70'48'38" West a chord distance
of 53.63 feet;
Thence 724.14 feet along the arc of a reverse tangent curve left with a radius of 6000.00 feet,
through a central angle of 06°54'54", subtended by a chord bearing North 71 °42'25" West 723.70
feet to a point;
Thence North 75°09'52" West a distance of approximately 920.64 feet to the Section Line
common to Sections 20 and 21, said Township and Range, and there terminating on the west line
of the Grantor's land, said terminus bears North 56°17'01" West 6363.00 feet from said 2 1/2"
Iron Post monument in concrete with a 2" washer at the Section Corner common to Sections 21,
22, 28, and 29, Township 30 South, Range 37 East, Mount Diablo Meridian.
EXCEPTING THEREFROM those portions lying within the City of Los Angeles pipe]ine
property, being APN 18108029 and transmission line property, APN 18108033.
The sidelines of said strip shall be lengthened or shortened so as to intersect the east and west
lines of said Grantor's land.
The Basis of Bearings for this description is The California Coordinate System, Zone 5, NAD
83, Epoch 2002.00 (Grid). All distances are also grid. Multiply distances by 1.0001545 to obtain
ground distances.
The above described strip contains 11.2 acres, more or less, net.
End of Description
Date: JJ
c
-1
David J Stringer, LS 5590
AS DEPICTED ON
EXHIBIT C-1
LINE TABLE
CURVE TABLE
LINE # BEARING DISTANCE CURVE # LENGTH RADIUS DELTA
L1 N55' 02' 18"W 167.47
Cl
820.09 1100.00 42-42-58"
L2 N14' 06' 24"W 521.56
C2
191.97 150.00 73'19.35-
L3 N23' 40' 01"W 138.12
C3
702.91 7770.24 05-10-59"
L4 N73' 22' 19"W 298.33
C4
C5
332.30 325.00 58'34'58"
390.38 450.00 49'42'18"
LS N75' 09' 52"W 920.64
C6
53.64 600.00 05'07'21"
C7
724.14 600 .00 06'54'54"
R US
� SECTION
21
T30S, R37E,
MDM
CSC4
wB HF
W
Q4,9 YON
RpqD S
LA a
4
qoH OF C3
C2
�ry
%\ 8O \6
N 9AN'e�(O
s
'd C s`�E ��'
s `` s 306
�O 9N
�o-auZFgs
(
Fj
C�✓4
0NP
RENU RESOURCES, LLC
Nss�49Y0�R
APN 181-080---30
ss�
1400' 05' 32"W,
170.a7(TIE)
N.E. COR. -
SEC. 26
DATE: IDRAYM BY: CHK BY: SCALE:
6/28/10 1 GNA DJS 1"=sod EXHIBIT C-.1
VKAWNG* NRSE-apn_18108030.dwg
RENU RESOURCES. LLC
SECTION 21, T30S, R37E,
MOUNT DIABLO MERIDIAN
I + I r n I
`J ' V
--
North Sky River Energy Windfarm
Access Strip EXHIBIT C
Page 1 of 3 pages
APN:181-080-11
RENU RESOURCES LLC
Description
Situated in a portion of Section 19, Township 30 South, Range 37 East, Mount Diablo Meridian,
in an unincorporated area of the County of Kern, State of California.
A strip, 80.00 feet in width, the centerline of which is coincident with the centerline of Jawbone
Canyon Road (a Kern County Road), said strip being 40 feet perpendicularly distant each side of
the following described centerline, to wit:
COMMENCING AT a 2 1/2" Iron Post monument in concrete with a 2" washer marked "Kern
County Surveyor, Jan 1991, T30S R37E, 21, 22, 28, 27" at the Section Corner common to
Sections 21, 22, 28, and 29, Township 30 South, Range 37 East, Mount Diablo Meridian;
Thence North 64055'59" West a distance of approximately 10747.39 feet to the Point of
Beginning, said point being on the east line of the Grantor's land and the line common to
Sections 19 and 20, township 30 South, Range 37 East;
Thence from said POINT OF BEGINNING, North 72°09'44" West a distance of 333.70 feet;
Thence 56.88 feet along the arc of a tangent curve left with a radius of 500.00 feet, through a
central angle of 06031'04", subtended by a chord bearing North 75'25'16" West a chord distance
of 56.85 feet;
Thence 231.02 feet along the arc of a reverse tangent curve right with a radius of 400.00 feet,
through a central angle of 33°05'26", subtended by a chord bearing North 62°08'05" West 227.82
feet;
Thence 230.06 feet along the arc of a reverse tangent curve left with a radius of 200.00 feet,
through a central angle of 65°54'28", subtended by a chord bearing North 78°32'36" West 217.59
feet;
Thence South 68°30' 10" West a distance of 354.33 feet;
Thence 853.70 feet along the arc of a tangent curve right with a radius of 675.00 feet, through a
central angle of 72°27'51 subtended by a chord bearing North 75° 15'54" West a chord distance
of 797.93 feet;
Thence North 39001'59" West a distance of 253.82 feet;
Thence 403.76 feet along the arc of a tangent curve left with a radius of 400.00 feet, through a
central angle of 57°50'01", subtended by a chord bearing North 67°56'59" West a chord distance
of 386.83 feet;
Thence 344.55 feet along the arc of a reverse tangent curve right with a radius of 1130.00 feet,
through a central angle of 17°28'13", subtended by a chord bearing North 88°07'54" West 343.22
feet;
North Sky River Energy Windfarm
Access Strip EXHIBIT C
Page 2 of 3 pages
Thence 241.79 feet along the arc of a reverse tangent curve left with a radius of 300.00 feet.
through a central angle of 46010'46", subtended by a chord bearing South 77'30'50" West 235.30
feet;
Thence 265.24 feet along the are of a reverse tangent curve right with a radius of 300.00 feet,
through a central angle of 50°39'26", subtended by a chord bearing South 79°45'10" West 256.69
feet;
Thence North 74°55'07" West a distance of 298.87 feet;
Thence 31.61 feet along the arc of a tangent curve right with a radius of 200.00 feet, through a
central angle of 09103'20", subtended by a chord bearing North 70023'27" West a chord distance
of 31.58 feet;
Thence 201.35 feet along the arc of a reverse tangent curve left with a radius of 2018.26 feet,
through a central angle of 05°42'58", subtended by a chord bearing North 68'43'16" West 201.26
feet;
Thence 350.85 feet along the arc of a compound tangent curve left with a radius of 600.00 feet,
through a central angle of 33"30'14", subtended by a chord bearing North 88°19'52" West a
chord distance of 345.87 feet;
Thence South 74°55'01" West a distance of 474.36 feet;
Thence 223.56 feet along the are of a tangent curve right with a radius of 500.00 feet, through a
central angle of 25°37'04", subtended by a chord bearing South 87°43'33" West a chord distance
of 221.70 feet;
Thence North 79°27'55" West a distance of 170.35 feet;
Thence 489.80 feet along the arc of a tangent curve left with a radius of 1400.00 feet, through a
central angle of 20°02'43", subtended by a chord bearing South 89°29'17" West a chord distance
of approximately 4 87.3 1 feet and there terminating on the west line of the Grantor's land, said
terminus bears North 78°35'27" East 19263.34 feet from a 1 1/2" Iron Post monument with a 2
1/2" brass cap marked "US General Land Office Survey, 1937,'/4 S21/S28 T30S R36E" at the
quarter Section corner common to Sections 21 and 28, Township30 South, Range 36 East,
Mount Diablo Meridian. .
EXCEPTING THEREFROM those portions lying within the City of Los Angeles property,
being APN 18108034.
The sidelines of said strip shall be lengthened or shortened so as to intersect the east and west
lines of said Grantor's land.
The Basis of Bearings for this description is The California Coordinate System, Zone 5, NAD
83, Epoch 2002.00 (Grid). All distances are also grid_ . Multiply distances by 1.0001545 to obtain'
ground distances.
The above -described strip contains 8.18 acres, more or less.
North Sky River Energy Windfarm
Access Strip EXHIBIT C
Page 3 of 3 pages
End of Description
Date: 2, ZQ f!
bad
David J Stringer, PL 5590
AS DEPICTED ON
EXHIBIT C-1
CITY OF LOS ANGELES
APN 181-080-34
TERMINUS
I I . NORTH 1 /4 COR.
SEC. 21,28
T30S. R36E
LINE TABLE
LINE
BEARING
DISTANCE
L7
N78' 35' 27"E
19263.34
L2
N72' 09' 44"W
333.70
L3
S68' 30' 10"W
354.33
L4
N39' 01' 59"W
253.82
L5
N74' 55' 07"W
298.87
L6
S74' 55' 01"W
474.36
L7
N79' 27' 55"W
170.35
UAWq
Cs CgNYOIV
c a
_C .
ROAD
C4
C3
SECTION 19
T30S, R37E,
MDM
P.O.B.
N64' 55' 59"W
10747.39(TIE)
RENU
RESOURCES LLC
N.E.
COR.
APN 181-080-11
T 0S,R37E
CURVE TABLE
CURVE
# LENGTH RADIUS
DELTA
Cl
56.88 500.00
06'31'04"
C2
231.02 400.00
33'05'26"
C3
230.06 200.00
65'54'28"
C4
853.70 675.00
72'27'51"
C5
403.76 400.00 ,
57'50'01
C6
344.551130.00
17'28'13"
C7
241.79 300.00
46'10'46"
C8
265.24 300.00
50'39'26"
C9
31.61 200.00
09'03'20"
CIO
201.35 2018.26
05'42'58"
C11
350.85 600.00
3Y30'14"
C12
223.56 500.00
25'37'04"
C13
489.80 1400.00
20'02'43"
DRAWN BY: CHK BY: SCALE: EXHIBIT L+- I
0 GNA DJS 1".800'
I NRSE-apn_18108011.dwg
CSECTION 19, T30S, R37E,
AI THROUGH RENU RESOURCES PROPERTY
CJRI+IGEN MOUNT DIABLO MERIDIAN
North Sky River Energy Windfarm
Access Strip EXHIBIT C
Page 1 of 4 pages
APN: 44407009
RENU RESOURCES LLC
Description
Situated in a portion of Section 11, Township 30 South, Range 36 East, Mount Diablo Meridian,
in an unincorporated area of the County of Kern, State of California.
A strip, 80.00 feet in width, said strip being 40 feet perpendicularly distant each side of the
following described centerline, to wit:
COMMENCING at a 2" Iron Post monument with a 2-1/2" brass cap marked "US General
Land Office Survey, 1937, S11, 12, 13, 14, T30S, R36E" at the corner common to Sections 11,
12, 13 and 14, Township 30 South, Range 36 East, Mount Diablo Meridian.
Thence North 82*31'00" West a distance of 1402.63 feet along the north line of the Grantor's
land and the line common to Sections 11 and 14, Township 30 South, Range 36 East, Mount
Diablo Meridian, being the Point of Beginning;
Thence from said POINT OF BEGINNING North 500 52' 49" West a distance of 431.22 feet;
Thence 883.05 feet along the are of a tangent curve to the right having a radius of 1600.00 feet,
through a central angle of 31 ° 37' 19", subtended by a chord bearing North 35° 04' 09" West a
distance of 871.89 feet;
Thence North 19° 15' 30" West a distance of 271.41 feet;
Thence 155.64 feet along the arc of a tangent curve to the left having a radius of 500.00 feet,
through a central angle of 17° 50' 07", subtended by a chord bearing North 28' 104 33" West a
distance of 155.01 feet;
Thence North 37' 05' 37" West a distance of.90.87 feet;
Thence 201.35 feet along the arc of a tangent curve to the right having a radius of 500.00 feet,
through a central angle of 23' 04' 22", subtended by a chord bearing North 25° 33' 25" West a
distance of 199.99 feet;
Thence North 14° O1' 14" West a distance of 398.94 feet;
Thence 129.26 feet along the are of a tangent curve to the left having a radius of 500.00 feet,
through a central angle of 140 48' 42", subtended by a chord bearing North 21° 25' 36" West a
distance of 128.90 feet;
North Sky River Energy Windfarm
Access Strip EXHIBIT C
Page 2 of 4 pages
Thence North 280 49' 57" West a distance of 481.41 feet;
Thence 214.73 feet along the arc of a tangent curve to the left having a radius of 500.00 feet,
through a central angle of 24° 36' 21 ", subtended by a chord bearing North 41 ° 08' 07" West a
distance of 213.08 feet;
Thence North 53' 26' 18" West a distance of 131.31 feet;
Thence 65.46 feet along the are of a tangent curve to the right having a radius of 100.00 feet,
through a central angle of 37° 30' 24", subtended by a chord bearing North 3V 41' 06" West a
distance of 64.30 feet;
Thence North 15° 55' 54" West a distance of 91.40 feet;
Thence 73.64 feet along the arc of a curve to the left having a radius of 100.00 feet, through a
central angle of 42 11' 23", subtended by a chord bearing North 37° 01' 35" West a distance of
71.98 feet;
Thence North 58° 07' 17" West a distance of 312.09 feet;
Thence 64.97 feet along the are of a curve to the right having a'radius of 200.00 feet, through a
central angle of 18' 36' 46", subtended by a chord bearing North 48° 48' 54" West a distance of
64.69 feet to a point of reverse curvature;
Thence 204.39 feet along the are of a curve to the left having a radius of 150.00 feet, through a.
central angle of 78° 04' 15", subtended by a chord bearing North 78° 32' 38" West a distance of
188.94 feet;
Thence South 620 25' 14" West a distance of 38.83 feet;
Thence 92.16 feet along the arc of a tangent curve to the right having a radius of 300.00 feet,
through a central angle of 17' 36' 08", subtended by a chord bearing South 71' 13' 18" West a
distance of 91.80 feet;
Thence South 80° O1' 22" West a distance of 131.59 feet;
Thence 53.67 feet along the are of a tangent curve turning to the left having a radius of 500.00
feet, through a central angle of 06° 09' 01 ", subtended by a chord bearing South 76° 56' 51" West
a distance of 53.65 feet;
Thence South 73' 52' 21" West a distance of 47.98 feet;
North Sky River Energy Windfarm
Access Strip EXHIBIT C
Page 3 of 4 pages
Thence 117.61 feet along the are of a tangent curve to the right having a radius of 500.00 feet,
through a central angle of 130 28' 38", subtended by a chord bearing South 800'36' 40" West a
distance of 117.34 feet;
Thence South 87° 20' 50" West a distance of 60.93 feet;
Thence 98.87 feet along the arc of a tangent curve to the left having a radius of 500.00 feet,
through a central angle of 11 ° 19' 45", subtended by a chord bearing South 81 ° 41' 06" West a
.distance of98.71 feet;
Thence South 76° 01' 13" West a distance of 92.91 feet;
Thence 92.38 feet along the arc of a tangent curve to the right having a radius of 500.00 feet,
through a central angle of 10' 35' 10", subtended by a chord bearing South 81 ° 18' 48" West a
distance of 92.25 feet;
Thence South 86° 36' 23 West a distance of 85.77 feet;
Thence 120.88 feet along the are of a tangent curve to the left having a radius of 200.00 feet,
through a central angle of 34° 37' 41 ", subtended by a chord bearing South 690 17' 33" West a
distance of 119.04 feet;
Thence South 510 58' 42" West a distance of 159.22 feet;
Thence 39.95 feet along the arc of a tangent curve to the left having a radius of 100.00 feet,
through a central angle of 22°53'26", subtended by a chord bearing South 63°25'25" West a
distance of 39.69 feet to the west line of the Grantor's land and the POINT OF TERNIINOUS,
said terminus bears South 020431811 West 247.13 feet from a 3/4"Iron Post monument with a 2
1/2" brass cap marked "US General Land Office Survey, 1937, 1/4, S 10, 11, T30S R36E" at the
'/4 corner common to Sections 10 and 11, Township 30 South, Range 36 East, Mount Diablo
Meridian.
The sidelines of said strip shall be lengthened or shortened so as to intersect the boundary lines
of said Grantor's land.
The Basis of Bearings for this description.is The California Coordinate System, Zone 5, NAD
83, Epoch 2002.00 (Grid). All distances are also grid. Multiply distances by 1.0001545 to obtain
ground distances.
The above -described strip contains 9.98 acres, more or less.
North Sky River Energy Windfarm
Access Strip EXHIBIT C
Page 4 of 4 pages
End of Description
Date: Jk4I S Z D I D
l
44
David J Stringer, LS 5590
AS DEPICTED ON
EXHIBIT C-1
LINE TABLE
LINE # BEARING
DISTANCE
L8 N50'52'49"W
431.22
L9 N19'15'30"W
271.41
L10 N37'05'37"W
90.87
-
Lit - N14'01'14"W
398.94
-
-
L12 N28-49'57"W
4.81.41
L13 N53'26'18"w
-
131.31
-
-
-
-
L14 N15'55'54"W.
91.40
L15 N58'07'17"W
312.09
L16 S62'25'14"W.
38.83 ,
L17 S80'01'22"W
131.59
_
L18 S73'52'21"W
47.98
-
1-19 S87'20'59"W
60.93
CURVE TABLE
L20 S76-01'13"W
92.91
CURVE #LENGTH
RADIUS
CHORD
CHORD
L21 S86'36'23"W
85.77
DELTA
BEARING
DISTANCE
L22 S51'58'42"W
159.22
C7
232.00
1000.00
13'1734"
S57'31'36"E
231.48
C8
883.05
1600.00
31-37'19"
S35-04'09"E
871.89
W. 1/4 CORNER
C9
C10
155.64
201.35
500.00
500,00
17'50'07"
23'04'22"
N28'10'33"W
155.01
SECTION11
T30S, R36E
C71
129:26
500,00
14'48'42`"
S25'33'25"E
N21'25'36"W
199.99
128.90
S02' 43' 18"'W
L2 L1 L1 C16
C12
C13
214.73
65.46
500.00
100 00
24-36'21"
N41'08'07"W
213.08
247.13 (TIE)
L19
C77 1
C14
73.64
100.00
37'30'24"
42'11'23"
S34'41'06"E
N37'01'35"W
64.30 .
IN
ERMUS
22
�15
C15
64.97
200.00
18-36'46"
S48'48'54"E
71.98
64.69
rr C2 17
14
13
C16
C17
204.39
92.16
150.00
78-04'15"
N78'32'38"W
188.94
C20 18 L14
13
C18
53.67
300.00
500 00
17'36'08"
06'09'01''
01-13'18"E
S76'56'51 "W
91.80
53.65
C223 C19
C19
117.61
500.00
13-28'38"
N80'36'40"E
117.34
- C7
-
C20
98,87
500.00
11'19'45" ..
S81'41'06"W
98.71
L12
021
92.38
500-00.
10'35'10"
N81'18'48"E
92.25
C22
120,88
200.00
3437'41"
S69'17'33"W
119.04
C23
39.95
100:o0
22'53'26"
S63'25'25"W
39.69
C7
SECTION 11
Li
T30S, R36E, MDM
CI
10
RENU RESOURCES
LLC
APN-44407009
w1D�
CS
QiQ
8.
P.0.8
N82'
SE CORNER
31 oO..w
ION
11
1402 63
TSECT
30S. N
(TIE)
DATE:
DRAWN BY:" CHK BY:
SCALE:
7/14/10
GNA
DJs
i+'=i000
EXHIBIT C-1
ALT-JB-44407009.dwg
RENU
RESOURCES LLC
R
I .{.
I
SECTION
11, T30S,
R36E,
V
1 Vn'
MOUNT DIABLO
MERIDIAN
North Sky River Energy Windfarm
Access Strip
Exhibit A
Page 1 of 2 pages
APN: 44409007
CITY OF VERNON
Description.
Situated in a portion of Section 23, Township 30 South, Range 36 East,Mount Diablo Meridian
in an unincorporated area of the County of Kern, State of California.
An strip of land 80.00 feet in width, said strip being 40 feet perpendicularly distant each side of
the following described centerline; to wit:
COMMENCING at a 2 a 1 1/2 Iron Post monument with a 2 1/2" brass cap marked "US
General Land Office Survey, 1937, 1/4 S21/S28 T30S R36E at the quarter Section corner
common to Sections 21 and 28, Township 30 South, Range 36 East, Mount Diablo Meridian;
Thence North 71 °5T26" East a distance of 13343.86 feet to the intersection of the centerline of.
Jaw Bone Canyon Road and the east line of the Grantor's land, said line being the line common
to Sections 23 and 24, Township 30 South, Range 36 East, Mount Diablo Meridian;
Thence leaving said east line, North 61 °00'09" West along said centerline a distance of 274.42.
feet to the Point of Beginning;
Thence from said POINT OF BEGINNING North 07°45'38" East a distance of 291.09 feet;
Thence 132.50 feet along the arc of a tangent curve left with a radius of 500.00 feet, through a
central angle of 1591'00' , subtended by a chord bearing North 00° 10'08" East a distance of
132.11 feet to the north line of the Grantor's land and the POINT OF TERMINUS, said
terminus bears South 84°14'46 East 4851.90 feet from a 2" Iron Post monument with a 2 1/2"
brass cap marked "US General Land Office Survey, 1937, .S14,15,22,23, T30S R36E" at the
corner common to Sections 14, 15, 22 and 23, Township 30 South, Range 36 East, Mount Diablo
Meridian.
The sidelines of said strip shall be lengthened or shortened so as to intersect the boundary lines
of said Grantor's land.
The Basis of Bearings for this description is The California Coordinate System, Zone 5, NAD
83, Epoch 200.2.00 (Grid): All distances are also grid. Multiply distances by 1.0001545 to obtain
ground distances.
The above -:described strip contains or 0.778 acres, more or less.
N84° 14'
T ���' — 46"w 4851.90 (TIE) ERMINUS
1-10 p
80' WIDE
L1
,�2,v>v—/k&
James W. Fitch Assessor— Recorder PATTI
Kern County official Records 311612011
Recorded at the request of 10:04 AM
Document Process solution
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
The City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
Attn: Willard Yamaguchi, City Attorney
DOC#: 0211034178
Stat Types: 1 Pages: 33
Fees 0.00
Taxes 0.00
Others 0.00
PAID$0.00
Recording Fee: Exempt pursuant
to California Government Code § 27383 6~
AMENDED AND RESTATED TRANSMISSION EASEMENT AGREEMENT
THIS AMENDED AND RESTATED TRANSMISSION EASEMENT AGREEMENT
(this "Agreement") is made as of January 14, 2011 (the "Effective Date"), by ReNu
RESOURCES, LLC, a Delaware limited liability company ("ReNu" or "Grantor") to the CITY
OF VERNON, a California chartered city ("Vernon" or "Grantee"). Each of Grantor and
Grantee are sometimes referred to herein individually as a "Party" and collectively as the
"Parties". Unless otherwise indicated, capitalized terms have the meanings given them in this
Agreement.
RECITALS
A. ReNu owns that certain real property located in the unincorporated areas of Kern
County, as more particularly described on Exhibit A attached hereto (the "Basement Property").
B. ReNu sold and conveyed to Vernon certain real property located in the
unincorporated areas of Kern county, as more particularly described on Exhibit.B attached hereto
(the "Appurtenant Property"), pursuant to that certain Amended and Restated Purchase and Sale
Agreement and Joint Escrow Instructions (the "Original PSA") by and between ReNu and
Vernon and dated as of October 8, 2008, a memorandum of which was recorded by the County
Recorder of Kern County on October 17, 2008 as document number 0208165198. The Original
PSA was amended by that certain letter amendment dated October 12, 2009 from Vernon to
ReNu (the "First Amendment"), and further amended by that certain Second Amendment to
Amended and Restated Purchase and Sale Agreement and Joint Escrow Instructions dated
October 17, 2010 by and between ReNu and Vernon (the "Second Amendment") and that certain
Third Amendment to Amended and Restated. Purchase and Sale Agreement and Joint Escrow
Instructions dated December 1, 2010 (the "Third Amendment"; the Original PSA as amended by
the First Amendment, Second Amendment and Third Amendment, the "PSA").
C. Pursuant to the PSA, the Parties entered into that certain Transmission Easement
dated October 16, 2008 and recorded by the County Recorder of Kern County on October 17,
2008 as document number 0208165193 (the "Original Agreement").
D. Pursuant to the Original Agreement, Grantor granted to Grantee, among other
things, a general easement appurtenant to and benefitting the Appurtenant Property, which
allows Grantee to designate a route for easements on the Easement Property over which Grantor
LA\2211092.5
will grant Grantee easements required to access and use electric power transmission lines and
other uses.
E. The Parties have determined, identified and agreed to such preferred, specific
easement route, as more particularly described on Exhibit C attached hereto (the "Specific
Easement Route").
F. The Parties now desire to amend and restate the Original Agreement in order to
put of record the Specific Easement Route, and to establish the rights and duties of the Parties
with respect to each other and the Easements
NOW, THEREFORE, in consideration of the foregoing recitals, the covenants
hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged; Grantor hereby declares as follows:
AGREEMENT
Section 1. GRANT OF EASEMENTS.
1.1 Easements. Grantor hereby grants to Grantee and Grantee accepts from Grantor
non-exclusive easements (the "Easements") appurtenant to and benefitting the Appurtenant
Property located in, over, across and through the Specific Easement Route to permit Grantee (a)
to access and use electric power transmission lines of (collectively, the "Transmission Owners")
the Los Angeles Department of Water and Power ("LADWP"), Southern California Edison
("SCE") and any other applicable transmission owner, (b) to construct, operate, maintain;
replace, relocate or remove- Transmission Facilities, and (c) to access, construct, use or maintain
roads to serve the transmission line and related facilities, in each case in a manner that is
consistent with the Easement Requirements set forth in Section 1.3. Such access is limited to the
Specific Easement Route. Grantee shall be responsible for all reasonable maintenance of such
roads or other facilities based on Grantee's usage of such improvements. "Transmission
Facilities" consist of facilities reasonably necessary for the access and use of electric power
transmission lines described in clause (a) above; including without limitation electrical
substation(s), capacitor yards, batteries and other devices for storage of electrical energy,
electrical cables and wires (including underground), telecommunications lines, junction or splice
boxes, poles, "H" frame structures, towers, cables, wires, conduits, anchors, guys, and devices
and equipment typically associated with such access and use.
1.1.1 Additional Transmission Easement Route. Pursuant to Section 1(d)(iii)(B)
of the PSA, Grantor acknowledges and agrees that Grantee shall have a one-time right to
designate an Additional Transmission Easement Route (as defined therein) on the
Easement Property subject to the requirements of this Section 1 and said Section
1(d)(iii)(B) of the PSA.
1.2 Alternate Route; Minor Amendments. From, and after the recording of this
Agreement until the earlier of (i) the Wind Permitting Date (as defined in the PSA) and (ii)
December 31, 2012, Grantee shall have (x) a one-time right to designate an alternate route for the
WL Specific Transmission Easement Route (as defined in the PSA) for interconnection with
LADWP, (y) a one-time right to designate an alternate route for the WL Specific Transmission
2
Easement Route for interconnection with SCE and (z) a one-time right to designate an alternate
route for the WL Specific Transmission Easement Route for interconnection with one other
Transmission Owner, if any, in each case to the extent reasonably deemed appropriate by
Grantee to facilitate project approvals or to satisfy one or more Transmission Owners (including,
if requested by Grantee, connecting to substations other than the Pine Tree Substation, the Barren
Ridge Substation and the Tehachapi Sub 1 Substation). In such event, Grantor shall, at the
request of Grantee, amend this Agreement for re-recording to an alternate route designated by
Grantee and subject to Grantor's approval, which approval shall not be unreasonably withheld.
Grantee shall reimburse Grantor for any reasonable, out-of-pocket, third party costs incurred by
Grantor in connection with documenting and analyzing any requested amendment to the WL
Specific Transmission Easement Agreement in accordance with this Section 1.2. From time to
time, Grantee may also request minor amendments to the WL Specific Transmission Easement
Route to accommodate specific environmental or terrain concerns (such as avoidance of habitats
for endangered species or avoidance of terrain that will make use of the easement prohibitively
expensive). Grantor hereby agrees (x) not to unreasonably withhold its consent to any such
minor amendment and to promptly execute the same following its receipt thereof and (y) that any
such minor amendment shall not constitute an exercise of Grantee's right to designate an
alternate route for the WL Specific Transmission Easement Route pursuant to the first sentence
of this Section 1.2.
1.3 Easement Requirements. Notwithstanding any other provision of this Agreement,
the Easements granted herein are subject to the following requirements, rights and restrictions
("Easement Requirements'):
1.3.1 Access Requirements. (a) Any use of. any easement, right-of-way, license
or other access right granted hereunder by its holder shall be subject to reasonable
conditions as the owner of the real property subject to such easement, right-of-way,
license or other access right may impose from time to time, including requirements of
security, safety, insurance, coordination and advance scheduling, and indemnification;
and (b) the use of any easement, right-of-way, license or other access right granted.
hereunder by its holder shall not interfere in any material respect with the use of the real
property subject to such easement, right-of-way, license or other access right by the
owner thereof (collectively, the "Access Requirements").
1.3.2 Grantor's Rights.
(a) No provision of this Agreement shall restrict Grantor's right to
cross the Easements or to install roads, utilities, transmission lines or other
improvements parallel to or crossing the Easements, unless the foregoing would
materially interfere with .Grantee's intended use of the Easements.
(b) Grantor and its agents shall be permitted to use any access,
maintenance or patrol roads installed on the Specific Easement Route or serving
the Easements unless such use would materially interfere with Grantee's intended
use of the Easements.
3
LA\2211092.5
(c) The Easements shall generally be non-exclusive, but shall be
exclusive in areas, if any, that by industry practice are exclusive (such as, but not
limited to, areas for substations, switchyards and an industry -standard area under
each transmission tower) and where Grantee has provided Grantor with written
notice of the same, except that Grantor shall be entitled to use any roads installed
by Grantor unless such use would materially interfere with Grantee's intended use
of the Easements.
(d) In no event shall the holder of the Easements use the same for
cellular or other telecommunications purposes except to serve solely the benefited
property of the Easements.
(e) Grantor may from time to time request Grantee to amend this
Agreement to exclude any portions of the Easement Property on which Grantor
will be constructing improvements or as to which Grantor otherwise has a need to
exclude from the Easements. Provided Grantor uses commercially reasonable
efforts to provide alternate routes for the Easements, Grantee shall consent to any
reasonable request and execute an appropriate amendment to this Agreement in
recordable form. Grantor shall reimburse Grantee for any reasonable out-of-
pocket; third party costs incurred by Grantee in connection with documenting and
analyzing any requested amendment to this Agreement.
(f) Grantee acknowledges that it has inspected the Specific Easement
Route and shall be deemed to have accepted the Specific Easement Route "AS
IS," in their then condition, and Grantee hereby releases Grantor from any
liability or loss caused by the use of the Easements by Grantee. Grantor shall not
be responsible for and Grantee expressly releases Grantor from and waives any
claim for loss or damage to person or property (including vehicles) occurring
within the Easement Property due to theft, vandalism, accident or other cause,
unless such claim, loss_ or damage is caused by the gross negligence or willful
misconduct of Grantor or any of Grantor's invitees, employees, agents,
contractors or tenants. In no event shall Grantor be liable for consequential
damages for any cause whatsoever.
(g) Except as indicated on Exhibit C, and without limiting the width of
the Specific Easement Route as specified therein, the width of the corridor of the
Easements specified in this Section 1.1 shall not exceed the industry standard for
the type of transmission line at issue.
Section 2. TERM. The term of the Easements (the "Term") shall begin upon the Effective
Date, and shall continue in perpetuity. Each of the Easements granted is irrevocable except as
otherwise specified in this Agreement.
Section 3. COST. Except as provided in Section 1.2 hereof, the use of the Easements shall
be at no additional cost paid by Grantee to Grantor; provided that nothing in this Section 3 shall
limit Grantee's obligation to satisfy any indemnity obligation as part of the Access
Requirements.
4
LA\2211092.5
Section 4. TAXES. Grantee will pay or reimburse Grantor for any transfer taxes assessed in
connection with the granting of the Easements. Grantee shall pay any increase in the real or
personal property taxes on the Easement Property that is directly attributable to the installation
by Grantee of any roads or other improvements (including Transmission Facilities) (the "Wind
Project Improvements") on the Specific Easement Route. Grantee shall request that the Wind
Project Improvements be separately assessed and that taxing authorities bill Grantee directly for
taxes. attributable to the Wind Project Improvements. Grantee shall not be liable for taxes
attributable to facilities installed by Grantor or others on the Easement Property (including on the
Specific Easement Route), to the underlying value of the Easement Property itself or for any
increase due to any other cause. Grantee agrees to reimburse Grantor for any taxes paid by
Grantor that are properly payable by Grantee under the terms of this Agreement. To receive
reimbursement, Grantor must submit any property tax bill to Grantee for reimbursement within
thirty (30) days after Grantor receives the bill from a taxing authority. The Parties agree to fully
cooperate to obtain any available tax reductions, refunds or tax abatements.
Section 5. GRANTEE'S DUTIES AND REPRESENTATIONS.
5.1 Care and Appearance. Grantee shall at all times maintain the Wind Project
Improvements in a neat, clean and presentable condition. Grantee shall not willfully destroy the
Easement Property and shall keep the Specific Easement Route and all Wind Project
Improvements thereon clean and free of debris created by Grantee, its contractors or others
brought on to the Easement Property by Grantee. Grantee shall be responsible for any required
weed control on those portions of Specific Easement Route that are not used as pasture or
grasslands or actively farmed by Grantor. Grantee shall not use the Specific Easement Route for
storage of materials or staging of construction, except in connection with staging of construction
of roads consented to pursuant to Section 1.1 hereof or as otherwise permitted herein.
5.2 Installation of Underground Facilities by Grantor and Grantee. Grantee and
Grantor agree to consult each other when either Party desires to install underground facilities
such as pipes and wires that will cross Specific Easement Route. Grantee and Grantor shall first
consult with the other Party and obtain approval of the plans, specifications, exact depths and
locations of the proposed underground facilities before construction. Because of danger of
damage to Grantee's Wind Project Improvements and Grantor's existing improvements (the
`Existing Improvements") and the safety hazard to persons working in the vicinity of Grantee's
Collection Facilities and other equipment, each Party shall give the other at least five (5) days'
notice as to when installation of any such underground facilities;is to occur. Each Party shall
coordinate work in these areas to permit the other Parry's representative to be present at all times
that excavation or other type of sub -surface work is performed by such Party within these areas.
Each Party agrees to indemnify the other Party against liability for injuries and claims resulting
from such Parry's failure to comply with the requirements of this Section 5.2. If Grantee's
installation of the underground facilities damages Grantor's Existing Improvements, Grantee at
Grantee's expense shall promptly repair the damaged Existing Improvements to the condition
they were in before installation of the underground facilities. If Grantor's installation of the
underground facilities damages Grantee's Wind Project Improvements, Grantor at Grantor's
expense shall promptly repair the damaged Wind Project Improvements to the condition they
were. in before installation of the underground facilities.
LA\2211092.5
5.3 Fences and Gates. At Grantor's request, Grantee shall repair or replace any
fences, gates or cattle guards damaged or removed in connection with Grantee's activities on
Easement Property. Fences removed from the Specific Easement Route, if replaced, shall be
rebuilt by Grantee at its expense in mutually agreeable locations on the Easement Property.
Once completed, all replacement fences, gates and cattle guards shall be owned and maintained
by Grantor. To minimize the need for temporary fencing, Grantor will cooperate with Grantee to
avoid grazing animals on or near the affected Specific Easement Route during periods of
construction, maintenance or removal activity by Grantee
5.4 Insurance and Indemnity. During the term of this Agreement, Grantee shall
maintain policies of general liability insurance, including contractual liability, completed
operations and products liability coverage with a combined single limit of not less than
$5,000,000 applicable to bodily injury, sickness or death and loss of or damage to property in
any one occurrence and $5,000,000 in the aggregate. Coverage shall be written on an occurrence
basis (not claims made) and coverage shall be at least as broad as the Insurance Services Office
Commercial General Liability Coverage (occurrence form CG0001). Grantor shall be named by
endorsement as an additional insured on such general liability policy. Grantee shall furnish
certificates of insurance to Grantor evidencing the insurance required under this Section 5.3.
Each certificate shall provide that thirty (30) days prior written notice shall be given to Grantor
in the event of cancellation or material change in the policies. All certificates must contain
reference to the additional insured endorsement as required herein. All insurance shall be placed
with California admitted or licensed insurers with a current AM Best's rating of no less than
AXII.
Grantee in accordance with the procedures provided in Section 5.7.2 will indemnify, defend and
hold Grantor harmless against any and all losses, damages, claims, expenses and other liabilities
asserted against Grantor by a third party, including, without limitation, reasonable attorneys'
fees, resulting from or arising out of Grantee's exercise of any rights granted to the Grantee
under this Agreement, including (i) any operations of Grantee on the Specific Easement Route,
(ii) any negligent act or negligent failure to act on the part of Grantee or anyone else engaged in
doing work for Grantee or (iii) any breach of this Agreement by Grantee. This indemnity
agreement does not cover losses of rent, business opportunities, crop production, profits and the
like that may result from Grantor's loss of use of the Specific Easement Route.
5.5 Requirements of Governmental Agencies. n�. Grantee shall comply in all material
respects with valid laws applicable to the Wind Project Improvements. Grantee shall have the
right, in its sole discretion and at its sole expense, to contest the validity or applicability to the
Specific Easement Route or Wind Project Improvements of any law, ordinance, statute, order,
regulation, property, assessment or the like made by any governmental agency or entity. Grantee
shall control any such contest and Grantor shall cooperate with Grantee in every reasonable way
in such contest, at no out-of-pocket expense to Grantor.
5.6 Mechanic's Liens. Grantee shall not permit any default arising out of a
mechanic's lien related to Grantee's use of the Specific Easement Route under this Agreement to
be filed against the Specific Easement Route or Easement Property. If Grantee wishes to contest
any such default, Grantee shall, within sixty (60) days after it receives notice of the default,.
6
LA\2211092.5
provide a bond or other security Grantor may reasonably request or remove such default from the
Specific Easement Route in the manner provided by applicable law.
5.7 Hazardous Materials.
5.7.1 Definitions. As used in this Agreement, the terms defined below shall
have the meanings indicated.
5.7.1.1 `Environmental Law" shall mean any federal, state or local law,
statute, ordinance or regulation which imposes any liability on any Grantor,
occupant, lender, mortgagee or party in interest or which places any restriction on
the ownership, occupancy, transferability or use of any real property by reason of
any presence or use of or occurrence regarding any Hazardous Substance,
including, without limitation, the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 ("CERCLA") 42 U.S.C. Section 9601 et
seq., as amended by Superfund Amendments and Reauthorization Act of 1986
("SARA"), Pub. L. 99-499, 100 Stat. 1613, . the Resource, Conservation and
Recovery Act of 1976 ("RCRA"), 42 U.S.C. Section 6901 et seq., the Clean Air
Act ("CAA"), Pub. L. 84-159, as amended by Pub. L. 101-549, 42 U.S.C.
Section 7401 et seq., the Federal Water Pollution Control Act (as amended by the
Clean Water Act of 1977 ("CWA")), 33 U.S.C. Section 1251 et seq., the Toxic
Substances Control Act of 1976 ("TSCA"), 15 U.S.C. Section 2601 et seq.,
California Health and Safety Code, Section 25249.5 et seq., and any
modifications, amendments, and successors to any of the foregoing.
5.7.1.2 "Violation of Environmental Law" shall mean any violation of any
Environmental Law, or any event, occurrence or condition as a consequence of
which, pursuant to any Environmental Law (i) Grantee, Grantor or any occupant
or person having any interest in the Specific Easement Route shall be liable,
(ii) the Specific Easement Route shall be subject to any restriction on use,
ownership, transferability or (iii) any remedial work pertaining to Hazardous
Substances shall be required at or in connection with the Specific Easement
Route.
5.7.1.3 "Hazardous Substance" shall include without limitation:
5.7.1.3.1 Those substances included within the definitions of
"hazardous substances," "hazardous materials," "toxic substances," or
"solid waste" in CERCLA, RCRA, Sections 307 and 311 of CWA, and the
Hazardous Materials Transportation Authorization Act, 49 U.S.C.
Sections 1501 et seq., or in any successors thereto, or in the regulations
promulgated pursuant to said laws;
5.7.1.3.2 Those substances defined as "hazardous waste,"
"extremely hazardous waste," or "restricted hazardous waste" in Sections
25115, 25117, 25122.7, and 25140 of the California Health and Safety
Code, or as "hazardous substances" in Sections 25316 and 25281 of the
7
LA\2211092.5
California Health and Safety Code, and in the regulations promulgated
pursuant to said laws;
5.7.1.3.3 Those substances listed in the United States
Department of Transportation Table (49 CFR 172.101 and amendments
thereto) or by the Environmental Protection Agency (or any successor
agency) as hazardous substances (40 CFR Part 302 and amendments
thereto);
5.7.1.3.4 Petroleum, asbestos, polychlorinated biphenyls,
flammable explosives, radioactive materials, or any material containing
any of the foregoing; and
5.7.1.3.5 Such other substance, materials, and wastes which
are or become regulated by reason of actual or threatened risk of toxicity
causing injury or illness, under any Environmental Law or other
applicable federal, state, or local law, statute, ordinance, or regulation, or
which are classified as hazardous or toxic under federal, state, or local
laws or regulations.
5.7.2 Indemnification. Grantee shall indemnify, hold harmless, protect, and
with counsel chosen by Grantee defend Grantor and Grantor's directors, officers,
employees, agents, successors and assigns from and against any and all claims,
judgments, penalties, fines, losses, damages, costs, expenses and liabilities, including
attorneys' fees and costs, directly or indirectly arising out of or attributable to any actual
or alleged Violation of Environmental Law by Grantee on the Specific Easement Route
or any actual or alleged use, generation, manufacture, production, storage, spillage,
release, threatened release, discharge, disposal, or any other presence or existence of any
Hazardous Substance on, under or about the Specific Easement Route, or any
transportation, migration, or other movement of any Hazardous Substance from the
Specific Easement Route. This indemnity shall survive the expiration of the term of this
Agreement. In any circumstance in which this indemnity applies, if Grantee fails to
provide a defense as required by this Section 5.7.2, Grantor may employ its own legal
counsel and consultants to prosecute, negotiate, or defend any such claim, action, or
cause of action, and Grantor shall have the right to compromise or settle the same in good
faith without the necessity of showing actual liability therefore, and without the consent
of Grantee. Grantee shall reimburse Grantor upon demand for all costs and expenses
incurred by Grantor, including the amount of all costs of settlements entered into in good
faith, and the fees and other costs and expenses of such attorneys and consultants;
provided, however, if Grantor enters into a settlement without Grantee's consent, Grantee
shall not be liable to indemnify Grantor unless Grantor establishes by final judgment of a
court of competent jurisdiction that Grantee caused the damage on account of which
settlement payment was made and that the amount of the settlement was fair and
reasonable. Notwithstanding any other provisions in this Agreement, the indemnity and
reimbursement obligations of Grantee set, forth in this Section 5.7.2 shall not apply to (i)
any matter directly or indirectly arising out of or attributable to any actual or alleged
violation of Environmental Law or any actual or alleged use, generation, manufacture,
8
LA\2211092.5
production, storage, spillage, release, threatened release, discharge, disposal or any other
presence or existence of any Hazardous Substance on, under or about the Specific
Easement Route or any transportation, migration, or other movement of any Hazardous
Substance to or from the Specific Easement Route which either (a) was in existence as of
the date of this Agreement, (b) is caused by either Grantor or the grantees, licensees,
employees or agents of Grantor (exclusive of Grantee, its grantees, licensees, employees
and agents), and/or (c) is caused by a third party and is unrelated to Grantee's operations
on the Specific Easement Route or (ii) any matter brought by Grantor against Grantee
independent of a claim against Grantor by a third party.
5.7.3 Notice of Actions.
5.7.3.1 Grantee shall give immediate written notice to Grantor of. (i) any
proceeding, inquiry, notice, or other communication by or from any governmental
authority, including, without limitation, the California State Department of Health
Services and the Environmental Protection Agency, regarding the presence or
existence of any Hazardous Substance on, under, or about the Specific Easement
Route or any migration thereof from or to the Specific Easement Route or any
actual or alleged Violation of Environmental Law; (ii) all claims made or
threatened against Grantee or the Specific Easement Route relating to any loss or
injury resulting from or pertaining to any Hazardous Substance or Violation of
Environmental Law; (iii) Grantee's discovery of any occurrence or condition on
any real property that cause the Specific Easement Route or any part thereof to be
subject to any restrictions on ownership, occupancy, transferability, or use, or
subject the Grantor or any person having any interest in the Specific Easement
Route to any liability, penalty, or disability under any Environmental Law
including, without limitation, any that cause the Specific Easement Route or any
part thereof to be classified as "border -zone property" under the provisions of
California Health and Safety Code Sections 25220 et seq. or any regulation
thereunder or in connection therewith; and (iv) Grantee's receipt of any notice or
discovery of any information regarding any actual, alleged or potential use,
manufacture, production, storage, spillage, seepage, release, discharge, disposal or
any other presence or existence of any Hazardous Substance on, under or about
the Specific Easement Route or any Violation of Environmental Law pertaining to
Grantee or the Specific Easement Route.
5.7.3.2 Immediately upon receipt of the same, Grantee shall deliver to
Grantor copies of any and all orders, notices, permits, applications, reports, and
other communications, documents, and instruments pertaining to the actual or
alleged presence of any Hazardous Substance on, under or about the Specific
Easement Route or Violation of Environmental Law pertaining to Grantee or the
Specific Easement Route.
5.7.3.3 Grantor shall have the right to join and participate in, as a party if
it so elects, any legal proceedings or actions in connection with the Specific
Easement Route involving any Hazardous Substance or any Environmental Law,
and Grantee shall reimburse Grantor upon demand for all of Grantor's costs and
9
LA\2211092.5
expenses in connection therewith, including attorneys' fees, if it is determined
that Grantee's violation of any Environmental Law caused the damage or
contamination complained of in such legal proceedings or actions.
5.8 Removal of Wind Project Improvements. Grantor ' shall have no ownership or
other interest in any Wind Project Improvements installed by Grantee on the Specific Easement
Route, and Grantee shall have the express right, at any time and in its sole discretion, to remove
any Wind Project Improvements (excluding roads) from the Specific Easement Route.
5.9 Water Lines and Existing Improvements. Grantee shall not harm existing
waterlines or other improvements on the Easement Property. Grantee will coordinate with
Grantor to determine the locations of the existing waterlines and improvements. Grantee shall
immediately repair any waterline or improvement it damages.
5.10 Breach by Grantee. Upon a breach by Grantee of its duties under this Agreement,
Grantor shall have all remedies against Grantee that it may have under this Agreement, at law or,
in equity (including the right to seek an injunction to compel Grantee to specifically perform its
obligations under this Agreement), provided, however, that Grantor specifically waives any right
it may have to terminate this Agreement or the Easements granted hereunder. No delay or
omission of Grantor to exercise any right or remedy shall be construed as a waiver of any such
right or remedy or of any breach by Grantee.
Section 6. GRANTOR'S DUTIES AND REPRESENTATIONS.
6.1 Grantor's Authority. Grantor is the sole fee interest owner of the Easement
Property including the Specific Easement Route and has the unrestricted right and authority to
sign ,this Agreement and to grant Grantee the Easements and other rights granted in this
Agreement. The persons signing this Agreement are all of the persons necessary to grant
Grantee the Easements and other rights granted in this Agreement. When signed by both Parties,
this Agreement constitutes a valid and binding agreement enforceable against Grantor in
accordance with its terms.
6.2 Requirements of Governmental Agencies; No Opposition. Grantor shall assist
and fully cooperate with Grantee, at no out-of-pocket expense to Grantor, in complying with or
obtaining any zoning and land use permits and approvals, building permits, environmental
impact reviews or any other approvals required for the financing, construction, installation,
replacement, relocation, maintenance, operation or removal of the Wind Project Improvements,
including execution of applications for such approvals. Grantor shall not oppose, directly or
indirectly (including without limitation assisting any third party directly or indirectly in
opposing) the development or operation of a wind energy project or projects on the Appurtenant
Property, the environmental clearance for such project or related or similar projects of Grantee
on the Appurtenant Property (including under CEQA and NEPA, or any CEC equivalent
process) or any associated activities or facilities (including without limitation transmission or
gathering systems, interconnection equipment and related system upgrades or similar matters).
10
LA\2211092.5
Section 7. FINANCING BY GRANTEE.
7.1 Right to Mortgage. Grantee may, upon notice to Grantor, without Grantor's
consent or approval, mortgage, grant deeds of trust, collaterally assign, or otherwise encumber
and grant security interests in all or any part of its interest in this Agreement; the Easements, the
Specific Easement Route and the Wind Project Improvements (collectively, its "Wind Project
Assets") in connection with any financing secured by the Appurtenant Property. These various
security interests in all or a part of the Wind Project Assets are collectively referred to as
"Mortgages" and the holders of the Mortgages, their designees and assigns are referred to as
"Mortgagees". Mortgagees shall use the Wind Project Assets only for the uses permitted under
this Agreement. Mortgagees shall have all rights and remedies allowed them under then existing
laws except as limited by their individual agreements with Grantee, provided that under no
circumstances shall any Mortgagee have any greater rights of ownership or use of
Easement Property than the rights granted to Grantee in this Agreement. The term
"Grantee" includes any person or entity which holds the entire grantee's interest under this
Agreement. Grantor agrees to consent in writing to financing documents as may reasonably be
required by Mortgagees, including financing documents typically required in the context of non -
recourse project financings containing, among others, provisions for material notices, extended
cure periods and replacement easement agreements. Except for a Mortgage or pursuant to
Section 9.19 hereof, Grantee shall not assign or otherwise encumber the Wind Project Assets
without Grantor's prior consent, which consent may be withheld in Grantor's sole discretion.
7.2 Mortgagee Obligations. Any Mortgagee whose interest is held solely for security
purposes shall have no obligation or liability under this Agreement prior to the time the
Mortgagee directly holds an interest in this Agreement, or succeeds to absolute title to Grantee's
interest. A Mortgagee shall be liable to perform obligations under this Agreement only for and
during the period it directly holds such interest or absolute title.
7.3 Certificates, etc. Grantor shall execute commercially reasonable estoppel
certificates (certifying as to truthful matters, including without limitation that no default then
exists under this Agreement, if such be the case) and consents to assignment as Grantee or any
Mortgagee or Permitted Assignee (as defined below) may reasonably request from time to time.
Grantor and Grantee shall cooperate in amending this Agreement from time to time to include
any provision that may be reasonably requested by Grantee or any Mortgagee or Grantor to
implement the provisions contained in this Agreement or to preserve a Mortgagee's security
interest or the interest of the Grantor, provided such amendments shall not impair any then
existing security interests.
Section 8. NOTICES.
Any notice required or given under this Agreement shall be effective when deposited with the
United States mail, certified, return receipt requested, postage prepaid, or upon delivery (or
refusal of delivery) when sent by overnight courier service or by facsimile or electronic
transmission, and addressed to the following addresses:
11
LA\2211092.5
If to Grantee:
The City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
Attn: Mark Whitworth, City Administrator
Telephone: (323) 583-881I
Facsimile: (323) 587-7596
E-mail: mwhitworth@ci.vernon.ca.us
with a copy to:
Latham & Watkins LLP
355 South Grand Avenue
Los Angeles, California 90071-1560
Attn: David B. Rogers
Telephone: (213) 485-1234
Facsimile: (213) 891-8763
E-mail: david.rogers@lw.com
If to Grantor:
c/o CIM Group, Inc.
6922 Hollywood Blvd., Suite 900
Los Angeles, California 90028
Attention: General Counsel
Facsimile No: (310) 496-2887
with a copy to:
CIM Group, Inc.
6922 Hollywood Blvd., Suite 900
Los Angeles, California 90028
Attention: Jennifer Gandin
Facsimile No: (323) 860-4901
with a copy to:
O'Melveny & Myers LLP
400 South Hope Street
Los Angeles, CA 90071
Attention: Greg Thorpe, Esq.
Facsimile No: (213) 430-6407
Section 9. MISCELLANEOUS.
9.1 No Gift or Dedication. Nothing contained in this Agreement shall be deemed to
be a gift or dedication of any portion of the Easement Property to or for the general public or for
12
LA\2211092.5
any public use or purpose whatsoever, it being the intention of the Parties that the Easements and
rights granted in this Agreement, as it may be amended or restated, shall be strictly limited to and
for the purposes herein expressed with respect to private property solely for the benefit of the
Parties and their respective successors and assigns.
9.2 Unavoidable Delays; Force Majeure. If either Party is delayed, hindered in or
prevented from performing any act required under this Agreement by reason of strikes, lockouts,
labor troubles, inability to procure materials, failure of power, restrictive governmental laws or
regulations, natural disasters, war, civil strife or other violence, the affected Party, upon giving
notice to the other Party, shall be excused from performing the act (except payment of
consideration) for the period of the delay. The affected Party shall use its reasonable efforts to
avoid or remove the causes of nonperformance and shall continue performance whenever the
causes for nonperformance are removed.
9.3 Run With the Land. The Easements and any restrictions in this Agreement are
binding upon and shall inure to the benefit of the Parties' Mortgagees and their respective
successors and assigns (including Permitted Assignees (as defined below)), heirs, personal
representatives, tenants invitees and licensees Ior persons claiming through them. All of the
provisions of this Agreement shall be enforceable as equitable servitudes and constitute
covenants running with the land pursuant to applicable law, including, without limitation,
Section 1457 et. seq. of the California Civil Code.
9.4 Entire Agreement/Amendments. This Agreement constitutes the entire agreement
between Grantor and Grantee respecting its subject matter and replaces and supersedes any prior
agreements. Any agreement, understanding or representation respecting the subject matter of
this Agreement not expressly set forth in this Agreement or a later writing signed by both Parties,
is null and void. This Agreement and the Easements shall not be modified or amended except in
a writing signed by the Parties or their successors in interest.
The Parties agree to cooperate in the approval and substitution of exhibits and in executing any
additional agreements or amendments reasonably needed by the Parties for their Ibusiness
purposes so long as they do not adversely affect the rights of either Party or violate the terms and
spirit of this Agreement.
9.5 Dispute Resolution. Any and all disputes, claims or controversies arising out of,
relating to, concerning or pertaining to this Agreement, or to either Party's performance or
failure of performance under this Agreement, shall be governed by Section 30 of the PSA, which
is incorporated herein by this reference.
9.6 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE ANY RIGHT TO
TRIAL BY JURY IN ANY LITIGATION ARISING UNDER THIS AGREEMENT.
9.7 Partial Invalidity. Should any provision of this Agreement be held, in a final and
unappealable decision by a court of competent jurisdiction, to be either invalid, void or
unenforceable, the remaining provisions of this Agreement shall remain in full force and effect,
unimpaired by the holding. Notwithstanding any other provision of this Agreement, the Parties
13
agree that in no event shall the Term be for longer periods than the longest periods permitted by
applicable law.
9.8 Tax Credits. If under applicable law Grantee becomes ineligible for any tax
credit, benefit or incentive for alternative energy expenditure established by any local, state or
federal government, then, at Grantee's option, Grantor and Grantee shall amend this Agreement
or replace it with a different instrument so as to convert Grantee's interest in the Specific
Easement Route to a substantially similar interest that makes Grantee eligible for such tax credit,
benefit or incentive. Grantee agrees to pay the Grantor's attorney fees to review such changes.
9.9 Approvals.. No approval required by this Agreement shall be unreasonably
delayed, conditioned or withheld, except in instances where this Agreement specifically permits
a Party to act in its sole discretion. Requests for approvals shall be delivered to the other Party
according to the notice procedures in Section 8 of this Agreement. Unless a longer or shorter
time is specified, all approvals required of either Party shall be given or refused in writing
delivered to the other Party according to the notice procedures in Section 8 of this Agreement
within ten (10) business days after receipt of the request for approval. Failure by either Party to
respond to a request for action or approval within fifteen (15) business days by either approving
or denying the request shall be deemed an approval.
9.10 Authorization of Other Users. Grantee in its discretion may authorize its
employees, agents, contractors or tenants to use the Specific Easement Route for the purposes
stated in this Agreement.
9.11 Lateral Support. .Grantee shall have and exercise the right of subjacent and lateral
support for Wind Project Improvements on the Specific Easement Route to whatever extent is
necessary for the safe construction, operation and maintenance of Wind Project Improvements.
Grantor expressly covenants that Grantor shall not excavate so near the sides of or underneath
the Wind Project Improvements as to undermine or otherwise adversely affect their stability.
9.12 Counterpart Signatures. This Agreement may be executed in one or more
counterparts, each of which shall be deemed to be an original, but all of which shall be one and
the same document.
9.13 Article Headings. Article headings in this Agreement are for convenience only
and are not intended to be used in interpreting or construing the terms, covenants and conditions
of this Agreement.
9.14 Relationship of Parties. The relationship between Grantor and Grantee is that of
grantor and grantee of the Easements only, and neither Grantor nor Grantee is, nor shall it hold
itself out to be, the agent, employee, joint venturer or partner of the other.
9.15 Third Party Beneficiaries. This Agreement is between and for the exclusive
benefit of the Parties, and shall not benefit any third parties.
9.16 Mortgagee Protection. . No breach or violation of this Agreement or of the
restrictions provided herein shall render invalid the lien of any mortgage, deed of trust or similar
instrument securing a loan made by Grantor in good faith and for value with respect to any
14
LA\2211092.5
i
portion of the Specific. Easement Route, but all of the provisions of this Agreement shall be
binding upon and effective against any subsequent owner (including any mortgagee or
beneficiary under a deed of trust) who acquires title to the Specific Easement Route, or any
portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure or otherwise.
9.17 Estoppel. Grantee shall execute commercially reasonable estoppel certificates
(certifying as to truthful matters, including without limitation that no default then exists under
this Agreement, if such be the case) as Grantor may reasonably request from time to time.
9.18 Limitation of Liability. No shareholder, member, director, officer, agent or
employee of any Party shall have personal liability for the obligations to be performed by the
parties hereunder.
9.19 Assignment. The rights, powers, and obligations hereunder conferred upon each
Party shall not at any time be transferred or assigned, except to one or more persons or entities
("Permitted Assign`") (a) that own a fee interest in all or any portion of the Appurtenant
Property, (b) through a transfer of such- Party's fee interest in all or .any portion of the
Appurtenant Property or Easement Property, as applicable, or (c) that are a lender in connection
with a financing or refinancing on the Appurtenant Property or Easement Property, as applicable.
Without limiting the generality of the foregoing sentence, Grantee shall have the right, upon
notice to Grantor, without Grantor's consent, to sell, convey, or assign all or any portion of its
Wind Project Assets to Permitted Assignees or to grant sub -easements, co -easements, separate
easements, or similar rights, however denominated, to Permitted Assignees. Permitted
Assignees shall use the Wind Project Assets only for the uses permitted under this Agreement.
Permitted Assignees shall have all rights, obligations and remedies allowed them under then
existing laws except as limited by their individual agreements with Grantee, provided that under
no circumstances shall any Permitted Assignee have any greater rights of ownership or use
of Easement Property than the rights granted to Grantee in this Agreement. Each Party
shall have liability only for the obligations to be performed by such Party for the time that such
Party owns the property burdened or benefited hereby. In the event of any transfer by either
Party of its interest in the burdened or benefited property, such Party shall be relieved from all
future liability accruing from and after the date of the transfer or conveyance, and such
obligations shall be binding upon the successor in interest to such Party.
9.20 Enforcement. The Parties and their respective successors and assigns shall have
the right to enforce, by proceedings at law or in equity, the covenants, restrictions and easements
imposed by this Agreement. The right to enforce this Agreement shall include, without
limitation, the right to maintain a proceeding at law or in equity against,, any person or persons
who have violated or who are attempting to violate any of the covenants or restrictions of this
Agreement, to enjoin or prevent them from doing so, to cause the violations to be remedied,
and/or to recover damages for any violations.
15
LA\2211092.5
9.21 Original . Agreement. On or after the date that is the later of (a) the exercise or
expiration, as applicable, of Grantee's rights under Section 1.1.1 hereof and (b) the exercise or
expiration, as applicable, of Grantee's rights under Section 1.2 hereof, Grantee shall execute any
documents reasonably requested by Grantor to release from the Original Agreement areas of the
Easement Property that are not part of the Specific Easement Route.
[Remainder of Page Intentionally Left Blank]
IN WITNESS WHEREOF, the Parties have each executed this Agreement as of the date
first written above.
GRANTOR:
ReNu RESOURCES, LLC,
a Delaware limited liability company
By: CIM/Onyx Ranch Manager, LLC,
a Delaware limited liability company,
its Managing Member
By: Renewable Resources Group Holding
Company, Inc.,
its Operating Manager
By:
ACKNOWLEDGEMENT
State of California
County of�% )
On 1 �i� 20//, before n i . � C�i -�, a
Notary Public, personally appeared ��G'r/6 `/L_ who
proved to me on the basis of satisfactory evidence to be the person(4") whose name(&) is/afe
subscribed to the within instrument and acknowledged to me that he/sue executed the same
in his/lam-authorized capacity(i@&), and that by his/hePA4eir signature(-s) on the instrument
the person(*), or the entity upon behalf of which the person(S) acted, executed the instrument.
1. certify under PENALTY OF _PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS hand and official seal.
Signa re �� _ . ��-'f�C (Seal)
DIANA VILLALBA
Commission # 1856885
a �m Notary Public - California.
z ``i
Los Angeles County
My Comm. Ex ires Jul 6, 2013
GRANTEE:
CITY OF VERNON, ATTEST:
a California chartered city
By: y
Mar Whitworth illard Yam a ch'
Cit .Administrator City Clerk
APPROVED AS TO FORM:
ACKNOWLEDGEMENT
State of California )
County of Iw Acht)
On 20//, before me, 7413a ka lfia kUC4111, a
Notary Public, pe onally appeared a na-11/61Wh j� / who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
9
Signature(Seal)
ANA KARINA RUEDA
Commission #E 1900284
Notary Public- California v
Los An9e105 County
My Comm. E iras An 19, 2014
EXHIBIT A
Easement Property
Parcel 1: (APN: 153-170-01)
Section 27, 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 2: (APN: 153-180-12)
The East half of the Southeast quarter of Section 28, 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.
Except l/16`1i of all coal, oil, gas and other mineral deposits contained in said lands as reserved by an Act
of the Legislature approved May 25, 1921 (Chap. 303, Statutes, 1921), as reserved in the State of
California, in Patent recorded March 29, 1923 in Book 484, Page(s) 42 of Official Records.
Parcel 3: (APN: 153-180-02)
The North half of the Northeast quarter of Section 29, 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 4: (APN: 153-180-04)
The Southwest quarter of the Southeast quarter, and the Southwest quarter of Section 29, 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: 153-170-06)
Fractional Section 35, 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: 181-020-11)
Fractional Section 7, 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.
Except a strip of land 200 feet wide, granted to the City of Los Angeles by Deed recorded March 13, 1920
in Book 346, Page(s) 421 of Deeds.
Also except that portion of said section, granted to the City of Los Angeles by Deed recorded September
20, 1973 in Book 4804, Page(s) 2459 of Official Records.
Exhibit A - 1
LA\2211092.5
Parcel 7: (APN: 181-080-32)
Fractional Section 17, 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.
Except a strip of land 200 feet wide granted to the City of Los Angeles, by Deed recorded September 20,
1973 in Book 4804, Page(s) 2459 of Official Records.
Parcel 8: (APN: 181-080-11)
The East half of the Southeast quarter of the Northwest quarter, Lots 1, 2, 3 and 4, and the East half of the
Southwest quarter of Fractional Section 19, 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.
Except a strip of land 200 feet wide, granted to the City of Los Angeles, by Deed recorded July 21, 1921
in Book 366, Page(s) 229 of Deeds.
Parcel 9: (APN: 181-080-30)
The North half of the Northeast quarter, the Southwest quarter of the Northeast quarter, the Northwest
quarter, and the South half of Section 21, 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.
Except a strip of land 250 feet wide, granted to the City of Los Angeles, by Deed recorded September 20,
1973 in Book 4804, Page(s) 2456 of Official Records.
Also except a strip of land 200 feet wide as granted to the City of. Los Angeles by Deed recorded
September 20, 1973 in Book 4804, Page(s) 2459 of Official Records.
Parcel 10: (APN: 181-190-02)
The Northwest quarter and the South half of Section 29, 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 11: (APN: 442-020-20)
Section 9, 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: 442-010-10)
The South half of the South half of Section 10, 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.
Exhibit A 2
LA\2211092.5
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 13: (APN: 442-030-01)
Section 15, 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 14: (APN: 442-040-01)
The West half of the Southeast quarter, and the East half of the Southwest quarter of Section 18,
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: 444-070-09)
Section 11, 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 16: (APN: 444-090-04)
Section 13, 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.
EXHIBIT B
Appurtenant Property
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.
Parcel 7: (APN: 181-190-15)
The West half of Fractional Section 311 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.
Exhibit B - 1
LA\2211092.5
Parcel 8: (APN: 181-190-16)
Fractional Section 36, Township 30 South, Range 36 %2 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
maybe 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.
Parcel11 (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.
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.
Exhibit B - 2
LA\2211092.5
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.
Parcel15: (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, 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 anytime 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.
Parcel 20: (APN: 444-020-09)
The West half of the Northeast quarter, 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.
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.
Exhibit B - 4
LA\2211092.5
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.
Parcel35: (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.
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..
Exhibit B - 5
LA\2211092.5
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.
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
Exhibit B - 6
LA\2211092.5
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.
Exhibit B - 7
LA\2211092.5
EXHIBIT C
Specific Easement Route
[Attached]
SEC. 19
City of Los Angeles
APN-18108034
Jawbone Canyon Rd.
nyw` ;';:t+� SB2"42'47"E 200.10'�
582°42'47"E2529.30 ...... _....
!�—N0°04'05"W 1 D29.67'(TIE) 15Q.00' 75.00 ny� :�__� ._ . ,......
..._......
SECTION 10 S82°42'47"E272B.37'
W.1/4COR. T30S, R37E, MDM.
SEC. 19
Renu Resources LLC Renu Resources LLC
APN-18108011 APN-18108011
l
—City of Los . Angeles
APN-18108034-
I
EASEMENT DESCRIPTION:
An easement over property owned by Renu Resources LLC, ("Grantors"), situate in Section 19, Township 30 South, Range 37 East, Mount
Diablo Merldlan, Kern County, Callfomla, and being more particularly described as follows:
The portion of "Grantor's" land shown above (see easement document)
Contains: 18.10 acres, more or less,.(as described)
'THIS DRAWING SHOULD 6E USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING CONVEYED. THE EXACT LOCATION OF ALL STRUCTURES,
LINES ANDAPPURTENANCESISSUBJECTTOCHANGEWITHINTHEBOUNDARIESOFTHERIGHTOFWAYHEREINGRANTED
REV DATE: 6114t10 DESC. DESCRfPTtON BY CMNEXTera
CHK GH APP GH
`4"Ll RIC Al. EXHIBIT (�j�,� ("�
1 p p r P THROUGH RENU RESOURCES LLGPROPERTY �S rt�t� u Fe «nwcc w
C Q N S U I 1 A N 1 J, I N C, SECTION 19. T.30S- R_37E. ' aEsounces
SALT LAKE CITY, U7AFF MOUNT DIABLO MERIDIAN
_ - - SCALE 1'=900'
B99 West 7W &wlh Doss Ur am (am) 292--9954 ,_ -
i
Tuesday, June 15, 201.0
1ZGNU RESOURCES LLC
APN 18/08011
DI?SCRIPTION
An easement 150 feet in width, situate in the North Half of Section 19,'.I'owuship 30
South, Range 37 Fast, Mount Diablo Meridian, Kern County, California. Said easement
being 75 feet perpendicularly distant each side of the following described centerline, to
wit:
Beginning at a point on the west line of said Section 19, which is 1029.67 feet, more or
less, N.00°04'05" W along the section line from the West quarter corner of said Section
1.9 and running thence 5.82042'47"E 5457,77 feet to the east line of said Section 19 and
temunating. LESS and excepting that portion lying within the City of Los Angeles
pipeline property, APN 1810834. The sidelines of said casement shall be prolonged or
shortened sous to intersect the west line of said land at the point of beginning and the
cast line of said land at the point of termination.
fhe above -described casement contains 788,650 square feet or 18.10 acres, more or less.
N .0 R.
SE .2
I P--j
Renu Resources LLC
APN-18108030
SECTION 21
T30S, R37E, MDM
S
Jawbone Canyon Rd.
W.1I4 COP. City of Los Angeles
I—
SEC. 21 APN-18108029
P.O.B.
SO'04'48"W 10.09'(TIE) — —
S61 °58'00"E 218.96'
.s.'.".:..... .�-* 75.00'
I
1.8 S61 °58'00"E 721.87 15p,00' I
$61 "58'00'E 2618,76'
S61°58'00"E 262.19'
Renu Resources_ LLC �.
APN-18108030.;:.
City of Los Angeles
-APN-18108033 S61°58'DO"E 1820.01'
EASEMENT DESCRIPTION:
An easement over property owned by Renu Resources LLC, ("Grantors"), situate In Section 21, Township 30 South, Range 37 East, Mount
Diablo Meridian, Kern County, California, and being more particularly described as follows:
The portion of"Grantor's" land shown above (see easement document)
Contains: 17.77 acres, more or less, (as described)
THIS DRAWING SHOULD BE USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING CONVEYED. THE EXACT LOCATION OF ALL STRUCTURES,
LINES AND APPURTENANCES IS SUBJECT TO CHANGE WITHIN. rHE BOUNDARIES OF THE RIGHT OF WAY HEREIN GRANTED
REV DATE 6114110 DESC. DESCRIPTION
_.._. -. ____
EXHIBIT C
BY CM I CHK GH APP GH
a `_ l f !
C S V I i A N i S, I N C
L
(continued)
THROUGI I REND RESOURCES LLC PROPERTY
fel{�EXTe a
ER
ENER
AN FPl GpGW COMP
O N
SECTION 21 T"30S., R_37E.
Resauaces
SALT LAKE CITY, UTAH
MOUNT DIABLO MERIDIAN
-
SCALE 1'=900'
60 Wwt 700 caulk WW,13 a -N Ur aw W) 292-9A34
'l'uesday, June 15, 2010
RENU RESOURCES LLC
APN 191.08030
DESCRIPTION
An easement 150 feet in width, situate in Section 21,'1'ownship 30 South, Range 37 East,
Mount Diablo Meridian, Kern County, California. Said easement being 75 feet
perpendicularly distant each side of the following described centerline, to wit:
Beginning at a point on the west line of said Section 21, which is 10.09 feet, more or less,
5.00°04'48"W along the section line from the West quarter corner of said Section 21 and
running thence 5.61°58'00" E 5641.79 feet to the south line of said Section 21 and
terminating. LESS and excepting those portions Iying within the City of .Los Angeles
pipeline property, APN 1810829 and transmission line property, APN 18108033. 'Thc
sidelines of said easement shall be prolonged or shortened so as to intersect the west line
of said land at the point of beginning and the south line of said land at the point of
termination.
The above -described easement contains 774,096 square feet or 17.77 acres, more or .less.
EXHIBIT C
(continued)
JAMES W. FITCH
KERN COUNTY ASSESSOR - RECORDER
1115 TRUXTUN AVE
BAKERSFIELD, CA 93301
06/22/2011
NOTICE OF PROPOSED ESCAPED ASSESSMENT r. IVE
VERNON CITY OF JUN 2 S 2011
4305 SANTA FE AV
VERNON CA 90058
CITY CLERK'S OFFICE
There will be a correction made to the 2009 assessment year roll for the property
identified below which has increased the taxable value in the amount of
$ 488,820 .
This notification is informal only and is not a tax bill. A corrected tax bill will
be issued by the Tax Collector.
ATN : 444-080-01-00-3
LOCATION OF PROPERTY
REASON FOR CORRECTION : VALUE CHANGE -ASSESSOR REQUESTED
VALUES:
OLD VALUES
NEW VALUES
DIFFERENCE
MINERAL
LAND
488,820
488,820
IMPROVEMENT
OTH IMPS/FIXTURES
PERSONAL PROPERTY
EXEMPTION
NET ASSESSED VALUE
488,820
1 488,820
We will enroll the escape assessment no sooner than 10 days after the date shown at
the top of this Notice. A Notice of Enrollment of Escape Assessment will be mailed
to you following enrollment of the escape assessment. The Notice of Enrollment will
provide information regarding both the right to an informal review by the Assessor
and the formal right to appeal before the Assessment Apeals Board including filing
deadlines.
If you do not agree with the new value and wish to discuss this correction with the
Assessor, please contact the person below.
Sincerely,
Kern County Assessor -Recorder
Contact: JOHN DIAL
Telephone: (661)-868-3485
AS2011173001UIP 20110622
JAMES W. FITCH
KERN COUNTY ASSESSOR - RECORDER
1115 TRUXTUN AVE
BAKERSFIELD, CA 93301
VERNON CITY OF
4305 SANTA FE AV
VERNON CA 90058
06/22/2011
NOTICE OF PROPOSED ESCAPED ASSESSMENT
There will be a correction made to the 2009 assessment year roll for the property
identified below which has increased the taxable value in the amount of
$ 477,605 .
This notification is.informal only and is not a tax bill. A corrected tax bill will
be issued by the Tax Collector.
ATN : 444-080-02-00-6
LOCATION OF PROPERTY .
REASON FOR CORRECTION : VALUE CHANGE -ASSESSOR REQUESTED
VALUES:
OLD VALUES
NEW VALUES
DIFFERENCE
MINERAL
LAND
477,605
477,605
IMPROVEMENT
OTH IMPS/FIXTURES
PERSONAL PROPERTY
EXEMPTION
NET ASSESSED VALUE
477,605
477,605
We will enroll the escape assessment no sooner than 10 days after the date shown at
the top of this Notice. A Notice of Enrollment of Escape Assessment will be mailed
to you following enrollment of the escape assessment. The Notice of Enrollment will
provide information regarding both the right to an informal review by the Assessor
and the formal right to appeal before the Assessment Apeals Board including filing
deadlines.
If you do not agree with the new value and wish to discuss this correction with the
Assessor, please contact the person below.
Sincerely,
Kern County Assessor -Recorder
Contact: JOHN DIAL
Telephone: (661)-868-3485
AS2011173001UIP 20110622
JAMES W. FITCH
KERN COUNTY ASSESSOR - RECORDER
1115 TRUXTUN AVE
BAKERSFIELD, CA 93301
VERNON CITY OF
4305 SANTA FE AV
VERNON CA 90058
06/22/2011
NOTICE OF PROPOSED ESCAPED ASSESSMENT
There will be a correction made to the 2009 assessment year roll for the property
identified below which has increased the taxable value in the amount of
$ 480,123 .
This notification is informal only and is not a tax bill. A corrected tax bill will
be issued by the Tax Collector.
ATN : 444-080-13-00-8
LOCATION OF PROPERTY
REASON FOR CORRECTION VALUE CHANGE -ASSESSOR REQUESTED
VALUES:
OLD VALUES
NEW VALUES
DIFFERENCE
MINERAL
LAND
480,123
480,123
IMPROVEMENT
-
OTH IMPS/FIXTURES
PERSONAL PROPERTY
EXEMPTION
NET ASSESSED VALUE
480,123
480,123
We will enroll the escape assessment no sooner than 10 days after the date shown at
the top of this Notice. A Notice of Enrollment of Escape Assessment will be mailed
to you following enrollment of the escape assessment. The Notice of Enrollment will
provide information regarding both the right to an informal review by the Assessor
and the formal right to appeal before the Assessment Apeals Board including filing
deadlines.
If you do not agree with the new value and wish to discuss this correction with the
Assessor, please contact the person below.
Sincerely,
Kern County Assessor -Recorder
Contact: JOHN DIAL
Telephone: (661)-868-3485
AS2011173001UIP 20110622
JAMES W. FITCH
KERN COUNTY ASSESSOR - RECORDER
1115 TRUXTUN AVE
BAKERSFIELD, CA 93301
VERNON CITY OF
4305 SANTA FE AV
VERNON CA 90058
06/22/2011
NOTICE OF PROPOSED ESCAPED ASSESSMENT
There will be a correction made to the 2009 assessment year roll for the property
identified below which has increased the taxable value in the amount of
$ 487,618 .
This notification is informal only and is not a tax bill. A corrected tax bill will
be issued by the Tax Collector.
ATN : 444-080-15-00-4
LOCATION OF PROPERTY .
REASON FOR CORRECTION : VALUE CHANGE -ASSESSOR REQUESTED
VALUES:
OLD VALUES
NEW VALUES
DIFFERENCE
MINERAL
LAND
487,618
487,618
IMPROVEMENT
OTH IMPS/FIXTURES
PERSONAL PROPERTY
EXEMPTION
NET ASSESSED VALUE
487,618
487,618
We will enroll the escape assessment no sooner than 10 days after the date shown at
the top of this Notice. A Notice of Enrollment of Escape Assessment will be mailed
to you following enrollment of the escape assessment. The Notice of Enrollment will
provide information regarding both the right to an informal review by the Assessor
and the formal right to appeal before the Assessment Apeals Board including filing
deadlines.
If you do not agree with the new value and wish to discuss this correction with the
Assessor, please contact the person below.
Sincerely,
Kern County Assessor -Recorder
Contact: JOHN DIAL
Telephone: (661)-868-3485
AS2011173001UIP 20110622
JAMES W. FITCH 1115 TRUXTUN AVE
KERN COUNTY ASSESSOR - RECORDER BAKERSFIELD, CA 93301
06/22/2011
NOTICE OF PROPOSED ESCAPED ASSESSMENT
VERNON CITY OF
4305 SANTA FE AV
VERNON CA 90058
There will be a correction made to the 2009 assessment year roll for the property
identified below which has increased the taxable value in the amount of
$ 480,266 .
This notification is informal only and is not a tax bill. A corrected tax bill will
be issued by the Tax Collector.
ATN 444-100-10-00-4
LOCATION OF PROPERTY .
REASON FOR CORRECTION : VALUE CHANGE -ASSESSOR REQUESTED
VALUES:
OLD VALUES
NEW VALUES
DIFFERENCE
MINERAL
LAND
480,266
480,266
IMPROVEMENT
OTH IMPS/FIXTURES
PERSONAL PROPERTY
EXEMPTION
NET ASSESSED VALUE
480,266
480,266
We will enroll the escape assessment no sooner than 10 days after the date shown at
the top of this Notice. A Notice of Enrollment of Escape Assessment will be mailed
to you following enrollment of the escape assessment. The Notice of Enrollment will
provide information regarding both the right to an informal review by the Assessor
and the formal right to appeal before the Assessment Apeals Board including filing
deadlines.
If you do not agree with the new value and wish to discuss this correction with the
Assessor, please contact the person below.
Sincerely,
Kern County Assessor -Recorder
Contact: JOHN DIAL
Telephone: (661)-868-3485
AS2011173001UIP 20110622
JAMES W. FITCH
KERN COUNTY ASSESSOR - RECORDER
1115 TRUXTUN AVE
BAKERSF I ELD, CA 93301
VERNON CITY OF
4305 SANTA FE AV
VERNON CA 90058
06/22/2011
NOTICE OF PROPOSED ESCAPED ASSESSMENT
There will be a correction made to the 2009 assessment year roll for the property
identified below which has increased the taxable value in the amount of
$ 496,837 .
This notification is informal only and is not a tax bill. A corrected tax bill will
be issued by the Tax Collector.
ATN : 444-100-11-00-7
LOCATION OF PROPERTY
REASON FOR CORRECTION : VALUE CHANGE -ASSESSOR REQUESTED
VALUES:
OLD VALUES
NEW VALUES
DIFFERENCE
MINERAL
LAND
496,837
496,837
IMPROVEMENT
OTH IMPS/FIXTURES
PERSONAL PROPERTY
EXEMPTION
NET ASSESSED VALUE
496,837
496,837
We will enroll the escape assessment no sooner than 10 days after the date shown at
the top of this Notice. A Notice of Enrollment of Escape Assessment will be mailed
to you following enrollment of the escape assessment. The Notice of Enrollment will
provide information regarding both the right. to an informal review by the Assessor
and the formal right to appeal before the Assessment Apeals Board including filing
deadlines.
If you do not agree with the new value and wish to discuss this correction with the
Assessor, please contact the person below.
Sincerely,
Kern County Assessor -Recorder
Contact: JOHN DIAL
Telephone: (661)-868-3485
AS2011173001UIP 20110622
JAMES W. FITCH
KERN COUNTY ASSESSOR - RECORDER
1115 TRUXTUN AVE
BAKERSFIELD, CA 93301
06/22/2011
NOTICE OF PROPOSED ESCAPED ASSESSMENT RECEPI
VERNON CITY OF
JUN 2 8 2011
4305 SANTA FE AV
VERNON CA 90058 CITY CLERKS OFFICE
There will be a correction made to the 2009 assessment year roll for the property
identified below which has increased the taxable value in the amount of
$ 930,479 .
This notification is informal only and is not a tax bill.. A correctedtax bill will
be issued by the Tax Collector.
ATN 444-030-01-00-8
LOCATION OF PROPERTY
REASON FOR CORRECTION VALUE CHANGE -ASSESSOR REQUESTED
VALUES:
OLD VALUES
NEW VALUES
DIFFERENCE
-MINERAL
LAND
930,479
930,479
IMPROVEMENT
OTH IMPS/FIXTURES
PERSONAL PROPERTY
EXEMPTION
NET ASSESSED VALUE
930,479
930,479
We will enroll the escape assessment no sooner than 10 days after the date shown at
the top of this Notice. A Notice of Enrollment of Escape Assessment will be mailed
to you following enrollment of the escape assessment. The Notice of Enrollment will
provide information regarding both the -right _to an informal review by the Assessor
and the formal right to appeal before the Assessment Apeals Board including filing
deadlines.
If you do not agree with the new value and wish to discuss this correction with the
Assessor, please contact the person below.
Sincerely,
Kern County Assessor -Recorder
Contact: JOHN DIAL
Telephone: (661)-868-3485
AS2011173001UIP 20110622
JAMES W. FITCH
KERN COUNTY ASSESSOR - RECORDER
1115 TRUXTUN AVE
BAKERSFIELD, CA 93301
VERNON CITY OF
4305, SANTA FE AV
VERNON CA 90058
06/22/2011
NOTICE OF PROPOSED ESCAPED ASSESSMENT
There will be a correction made to the 2009 assessment year roll for the property
identified below .which has increased the taxable value in the amount of
$ 176,523
This notification is informal only and is not a tax bill. A corrected tax bill will
be issued by the Tax Collector.
ATN : 444-030-06-00-3
LOCATION OF PROPERTY .
REASON FOR CORRECTION : VALUE CHANGE ASSESSOR REQUESTED
VALUES:
OLD VALUES
NEW VALUES
DIFFERENCE
MINERAL
LAND
176,523
176,523
IMPROVEMENT
OTH IMPS/FIXTURES
PERSONAL PROPERTY
EXEMPTION
NET ASSESSED VALUE
176,523 1
176,523
We will enroll.the escape assessment no sooner than 10 days after the date shown at
the top of this Notice. A Notice of Enrollment of Escape Assessment will be mailed
to you following enrollment of the escape assessment. The Notice of Enrollment will
provide information regarding both the right to an informal review by the Assessor
and the formal right to appeal before the Assessment Apeals Board including filing
deadlines.
If you do not agree with the new value and wish to discuss this correction with the
Assessor, please contact the person below.
Sincerely,
Kern County Assessor -Recorder
Contact: JOHN DIAL
Telephone: (661)-868-3485
AS2011173001UIP 20110622
JAMES W. FITCH
KERN COUNTY ASSESSOR - RECORDER
1115 TRUXTUN AVE
BAKERSF I ELD, CA 93301
VERNON CITY OF
06/22/2011
NOTICE OF PROPOSED ESCAPED ASSESSMENT
4305 SANTA FE AV
VERNON CA 90058
There will be a correction made to the 2009 assessment year roll for the property
identified below-..which.has increased thetaxable_ value in the amount of
$ 957,680 .
This notification is informal only and is not a tax bill. A corrected tax bill will
be issued by the Tax Collector.
ATN : 444-030-08-00-9
LOCATION OF PROPERTY
REASON FOR CORRECTION VALUE CHANGE -ASSESSOR REQUESTED
VALUES:
OLD VALUES
NEW VALUES
DIFFERENCE
MINERAL
LAND
957,680
957,680
IMPROVEMENT
OTH IMPS/FIXTURES
PERSONAL PROPERTY
EXEMPTION
NET ASSESSED VALUE
957,680
957,680
We will enroll the escape assessment no sooner than 10 days after the date shown at
the top of this Notice. A Notice of Enrollment of Escape Assessment will be mailed
to you following enrollment of the escape assessment. The Notice of Enrollment will
provide information regarding both the right to an informal review by -the Assessor
and the formal right to appeal before the Assessment Apeals Board including filing
deadlines.
If you do not agree with the new value and wish to discuss this correction with the
Assessor, please contact the person below.
Sincerely,
Kern County Assessor -Recorder
Contact: JOHN DIAL
Telephone: (661)-868-3485
AS2011173001UIP 20110622
JAMES W. FITCH
KERN COUNTY ASSESSOR - RECORDER
1115 TRUXTUN AVE
BAKERSFIELD, CA 93301
06/22/2011
NOTICE OF PROPOSED ESCAPED ASSESSMENT RECEIVED
VERNON CITY OF JUN 2 8 2011
4305 SANTA FE AV CITY CLERK'S OFFICE
VERNON CA 90058
There will be a correction made to the 2009 assessment year roll for the property
identified below which has increased the taxable value in the amount of
$ 939,318 .
This notification is informal only and is not a tax bill. A corrected tax bill will
be issued by the Tax Collector.
ATN : 444-030-11-00-7
LOCATION OF PROPERTY .
REASON FOR CORRECTION : VALUE CHANGE -ASSESSOR REQUESTED
VALUES:
OLD VALUES
NEW VALUES
DIFFERENCE
MINERAL
LAND
939,318
939,318
IMPROVEMENT
OTH IMPS/FIXTURES
PERSONAL PROPERTY
EXEMPTION
NET ASSESSED VALUE
939,318
939,318
We will enroll the escape assessment no sooner than 10 days after the date shown at
the top of this Notice. A Notice of Enrollment of Escape Assessment will be mailed
to you following enrollment of the escape assessment. The Notice of Enrollment will
provide information regarding both the right to an informal review by the Assessor
and the formal right to appeal before the Assessment Apeals Board including filing
deadlines.
If you do not agree with the new value and wish to discuss this correction with the
Assessor, please contact the person below.
Sincerely,
Kern County Assessor -Recorder
Contact: JOHN DIAL
Telephone: (661)-868-3485
AS2011173001UIP 20110622
JAMES W. FITCH
KERN COUNTY ASSESSOR - RECORDER
VERNON CITY OF
4305 SANTA FE AV
VERNON CA 90058
1115 TRUXTUN AVE
BAKERSFIELD, CA 93301
06/22/2011
NOTICE OF PROPOSED ESCAPED ASSESSMENT
There will be a correction made to the 2009 assessment year roll for the property
identified below which has increased the taxable value in the amount of
$ 345,032 .
This notification is informal only and is not a tax bill. A corrected tax bill will
be issued by the Tax Collector.
ATN 444-040-09-00-5
LOCATION OF PROPERTY
REASON FOR CORRECTION VALUE CHANGE -ASSESSOR REQUESTED
VALUES:
OLD VALUES
NEW VALUES
DIFFERENCE
MINERAL
LAND
345,032
345,032
IMPROVEMENT
OTH IMPS/FIXTURES
PERSONAL PROPERTY
EXEMPTION
NET ASSESSED VALUE
345,032
345,032
We will enroll the escape assessment no sooner than 10 days after the date shown at
the top of this Notice. A Notice of Enrollment of Escape Assessment will be mailed
to you following enrollment of the escape assessment. The Notice of Enrollment will
provide information regarding both the right to an informal review by the Assessor
and the formal right to appeal before the Assessment Apeals Board including filing
deadlines.
If you do not agree with the new value and wish to discuss this correction with the
Assessor, please contact the person below.
Sincerely,
Kern County Assessor -Recorder
Contact: JOHN DIAL
Telephone: (661)-868-3485
AS2011173001UIP 20110622
JAMES W. FITCH
KERN COUNTY ASSESSOR - RECORDER
1115 TRUXTUN AVE
BAKERSFIELD, CA 93301
VERNON CITY OF
4305 SANTA FE AV
VERNON CA 90058
06/22/2011
NOTICE OF PROPOSED ESCAPED ASSESSMENT
There will be a correction made to the 2009 assessment year roll for the property
identified below which has increased the taxable value in the amount of
$ 234,938 .
-This notification is informal only and is not a tax bill. A corrected tax bill will
be issued by the Tax Collector.
ATN : 444-040-13-00-6
LOCATION OF PROPERTY .
REASON FOR CORRECTION : VALUE CHANGE -ASSESSOR REQUESTED
VALUES:
OLD VALUES
NEW VALUES
DIFFERENCE
MINERAL
LAND
234,938
234,938
IMPROVEMENT
OTH IMPS/FIXTURES
PERSONAL PROPERTY
EXEMPTION
NET ASSESSED VALUE
234,938
234,938
We will enroll the escape assessment no sooner than 10 days after the date shown at
the top of this Notice. A Notice of Enrollment of Escape Assessment will.be mailed
to you following enrollment of the escape assessment. The Notice of Enrollment will
provide information regarding both the right to an informal review by the Assessor
and the formal right to appeal before the Assessment Apeals Board including filing
deadlines.
If you do not agree with the new value and wish to discuss this correction with the
Assessor, please contact the person below.
Sincerely,
Kern County Assessor -Recorder
Contact: JOHN DIAL
Telephone: (661)-868-3485
AS2011173001UIP 20110622
JAMES W. FITCH
KERN COUNTY ASSESSOR RECORDER
1115 TRUXTUN AVE
BAKERSFIELD, CA 93301
VERNON CITY OF
4305 SANTA FE AV
VERNON CA 90058
06/22/2011
NOTICE OF PROPOSED ESCAPED ASSESSMENT
There will be a correction made to the 2009 assessment year roll for the property
identified below which has increased the taxable value in the amount of
$ 479,861 .
This notification is informal only and is not a tax bill. A corrected tax bill will
be issued by the Tax Collector.
ATN : 444-010-13-00-7
LOCATION OF PROPERTY .
REASON FOR CORRECTION : VALUE CHANGE -ASSESSOR REQUESTED
VALUES:
OLD VALUES
NEW VALUES
DIFFERENCE
MINERAL
LAND
479,861
479,861
IMPROVEMENT
OTH IMPS/FIXTURES
PERSONAL PROPERTY
EXEMPTION
NET ASSESSED VALUE
479,861
479,861
We will enroll the escape assessment no sooner than 10 days after the date shown at
the top of this Notice. A Notice of Enrollment of Escape Assessment will be mailed
to you following enrollment of the escape assessment. The Notice of Enrollment will
provide information regarding both the right to an informal review by the Assessor
and the formal right to appeal before the Assessment Apeals Board including filing
deadlines.
If you do not agree with the new value and wish to discuss this correction with the
Assessor, please contact the person below.
Sincerely,
Kern County Assessor -Recorder
Contact: JOHN DIAL
Telephone: (661)-868-3485
AS2011173002SIP 20110622
JAMES W. FITCH 1115 TRUXTUN AVE
KERN COUNTY ASSESSOR - RECORDER BAKERSFIELD, CA 93301
06/22/2011
NOTICE OF PROPOSED ESCAPED ASSESSMENJEC
VENON CITY OF IVED
JUN 2 8 2d11
4305 SANTA FE AV
VERNON CA 90058 CITY CI_
There will be a correction made to the 2009 assessment year roll for the property
identified below which has increased the taxable value in the amount of
$ 959,883 .
This notification is informal only and is not a tax bill. A corrected tax bill will
be issued by the Tax Collector.
ATN 444-010-10-00-8
LOCATION OF PROPERTY
REASON FOR CORRECTION VALUE CHANGE -ASSESSOR REQUESTED
VALUES:
OLD VALUES
NEW VALUES
DIFFERENCE
MINERAL
LAND
959,883
959,883
IMPROVEMENT
OTH IMPS/FIXTURES
PERSONAL PROPERTY
EXEMPTION
NET ASSESSED VALUE
959,883
959,883
We will enroll the escape assessment no sooner than 10 days after the date shown at
the top of this Notice. A Notice of_Enrollment of Escape Assessment will be mailed
to you following enrollment of the escape assessment. The Notice of Enrollment will
provide information regarding both the right to an informal review by the Assessor
and the formal right to appeal before the Assessment Apeals Board including filing
deadlines.
If you do not agree with the new value and wish to discuss this correction with the
Assessor, please contact the person below.
Sincerely,
Kern County Assessor -Recorder
Contact: JOHN DIAL
Telephone: (661)-868-3485
AS2011173001UIP 20110622
JAMES W. FITCH
KERN COUNTY ASSESSOR - RECORDER
VERNON CITY OF
4305 SANTA FE AV
VERNON CA 90058
1115 TRUXTUN AVE
BAKERSF I ELD, CA 93301
06/22/2011
NOTICE OF PROPOSED ESCAPED ASSESSMENT
There will be a correction made to the 2009 assessment year roll for the property
identified below which has increased the taxable value in the amount of
$ 928,990 .
This notification is informal only and is not a tax bill. A corrected tax bill will
be issued by the Tax Collector.
ATN : 444-050-01-00-4
LOCATION OF PROPERTY .
REASON FOR CORRECTION : VALUE CHANGE -ASSESSOR REQUESTED
VALUES:
OLD VALUES
NEW VALUES
DIFFERENCE
MINERAL
LAND
928,990
928,990
IMPROVEMENT
OTH IMPS/FIXTURES
PERSONAL PROPERTY
EXEMPTION
NET ASSESSED VALUE
928,990
928,990
We will enroll the escape assessment no sooner than 10 days after the date shown at
the top of this Notice. A Notice of Enrollment of Escape Assessment will be mailed
to you following enrollment of the escape assessment. The Notice of Enrollment will
provide information regarding both the right to an informal review by the Assessor
and the formal right to appeal before the Assessment Apeals Board including filing
deadlines.
If you do not agree with the new value and wish to discuss this correction with the
Assessor, please contact the person below.
Sincerely,
Kern County Assessor -Recorder
Contact: JOHN DIAL
Telephone: (661)-868-3485
AS2011173001UIP 20110622
JAMES W. FITCH
KERN COUNTY ASSESSOR - RECORDER
1115 TRUXTUN AVE
BAKERSFIELD, CA 93301
VERNON CITY OF
4305 SANTA FE AV
VERNON CA 90058
06/22/2011
NOTICE OF PROPOSED ESCAPED ASSESSMENT
There will be a correction made to the 2009 assessment year roll for the property
identified below which has increased the taxable value in the amount of
$ 959,017 .
This notification is informal only and is not a tax bill. A corrected tax bill will
be issued by the Tax Collector.
ATN : 444-050-04-00-3
LOCATION OF PROPERTY .
REASON FOR CORRECTION : VALUE CHANGE -ASSESSOR REQUESTED
VALUES:
OLD VALUES
NEW VALUES
DIFFERENCE
MINERAL
LAND
959,017
959,017
IMPROVEMENT
OTH IMPS/FIXTURES
PERSONAL PROPERTY
EXEMPTION
NET ASSESSED VALUE
959,017
959,017
We will enroll the escape assessment no sooner than 10 days after the date shown at
the top of this Notice. A Notice of Enrollment of Escape Assessment will be mailed
to you following enrollment of the escape assessment. The Notice of Enrollment will
provide information regarding both the right to an informal review by the Assessor
and the formal right to appeal before the Assessment Apeals Board including filing
deadlines.
If you do not agree with the new value and wish to discuss this correction with the
Assessor, please contact the person below.
Sincerely,
Kern County Assessor -Recorder
Contact: JOHN DIAL
Telephone: (661)-868-3485
AS2011173001UIP 20110622
JAMES W. FITCH
KERN COUNTY ASSESSOR - RECORDER
VERNON CITY OF
4305 SANTA FE AV
VERNON CA 90058
1115 TRUXTUN AVE
BAKERSFIELD, CA 93301
06/22/2011
NOTICE OF PROPOSED ESCAPED ASSESSMENT
There will be a correction made to the 2009 assessment year roll for the property
identified below which has increased the taxable value in the amount of
$ 461,215 .
This notification is informal only and is not a tax bill. A corrected tax bill will
be issued by the Tax Collector.
ATN : 444-060-05-00-9
LOCATION OF PROPERTY
REASON FOR CORRECTION : VALUE CHANGE -ASSESSOR REQUESTED
VALUES:
OLD VALUES
NEW VALUES
DIFFERENCE
MINERAL
- LAND
461,215
461,215
IMPROVEMENT
OTH IMPS/FIXTURES
PERSONAL PROPERTY
EXEMPTION
NET ASSESSED VALUE
461,215
461,215
We will enroll the escape assessment no sooner than 10 days after the date shown at
the top of this Notice. A Notice of Enrollment of Escape Assessment will be mailed
to you following enrollment of the escape assessment. The Notice of Enrollment will
provide information regarding both the right to an informal review by the Assessor
and the formal right to appeal before the Assessment Apeals Board including filing
deadlines.
If you do not agree with the new value and wish to discuss this correction with the
Assessor, please contact the person below.
Sincerely,
Kern County Assessor -Recorder
Contact: JOHN DIAL
Telephone: (661)-868-3485
AS2011173001UIP 20110622
JAMES W. FITCH
KERN COUNTY ASSESSOR - RECORDER
VERNON CITY OF
4305 SANTA FE AV
VERNON CA 90058
1115 TRUXTUN AVE
BAKERSFIELD, CA 93301
06/22/2011
NOTICE OF PROPOSED ESCAPED ASSESSMENT
There will be a correction made to the 2009 assessment year roll for the property
identified below which has increased the taxable value intheamount of
$ 930,805
This notification is informal only and is not a tax bill. A corrected tax bill will
be issued by the Tax Collector.
ATN : 444-060-08-00-8
LOCATION OF PROPERTY .
REASON FOR CORRECTION ; VALUE CHANGE -ASSESSOR REQUESTED
VALUES:
OLD VALUES
NEW VALUES
DIFFERENCE
MINERAL
LAND
930,805
930,805
IMPROVEMENT
OTH IMPS/FIXTURES
PERSONAL PROPERTY
EXEMPTION
NET ASSESSED VALUE
930,805
930,805
We will enroll the escape assessment no sooner than 10 days after the date shown at
the top of this Notice. A Notice of Enrollment of Escape Assessment will be mailed
to you following enrollment of the escape assessment. The Notice of Enrollment will
provide information regarding both the right to an informal review by the Assessor
and the formal right to appeal before the Assessment Apeals Board including filing
deadlines.
If you do not agree with the new value and wish to discuss this correction with the
Assessor, please contact the person below.
Sincerely,
Kern County Assessor -Recorder
Contact: JOHN DIAL
Telephone: (661)-868-3485
AS2011173001UIP 20110622
JAMES W. FITCH
KERN COUNTY ASSESSOR - RECORDER
1115 TRUXTUN AVE
BAKERSFIELD, CA 93301
VERNON CITY OF
4305 SANTA FE AV
VERNON CA 90058
06/22/2011
NOTICE OF PROPOSED ESCAPED ASSESSMENT
There will be a correction made to the 2009 assessment year roll for the property
identified below which has increased the taxable value in theamountof
$ 960,591 .
This notification is informal only and is not a tax bill. A corrected tax bill will
be issued by the Tax Collector.
ATN : 444-010-08-00-3
LOCATION OF PROPERTY .
REASON FOR CORRECTION : VALUE CHANGE -ASSESSOR REQUESTED
VALUES:
OLD VALUES
NEW VALUES
DIFFERENCE
MINERAL
LAND
960,591
960,591
IMPROVEMENT
OTH IMPS/FIXTURES
PERSONAL PROPERTY
EXEMPTION
NET ASSESSED VALUE
960,591
960,591
We will enroll the escape assessment no sooner than 10 days after the date shown at
the top of this Notice. A Notice of Enrollment of Escape Assessment will be mailed
to you following enrollment of the escape assessment. The Notice of Enrollment will'
provide information regarding both the right to an informal review by the Assessor
and the formal right to appeal before the Assessment Apeals Board including filing
deadlines.
If you do not agree with the new value and wish to discuss this correction with the
Assessor, please contact the person below.
Sincerely,
Kern County Assessor -Recorder
Contact: JOHN DIAL
Telephone: (661)-868-3485
AS2011173001UIP 20110622
JAMES W. FITCH 1115 TRUXTUN AVE
KERN COUNTY ASSESSOR - RECORDER BAKERSFIELD, CA 93301
06/22/2011
NOTICE OF PROPOSED ESCAPED ASSESSMENT RECEIVED
VERNON CITY OF
4305 SANTA FE AV
VERNON CA 90058
JUN 2 8 2011
CITY CLERK'S OFFICE
There will be a correction made to the 2009 assessment year roll for the property
identified below which has increased the taxable value in the amount of
$ 961,093 .
This notification is informal only and is not a tax bill. A corrected tax bill will
be issued by the Tax Collector.
ATN : 444-010-06-00-7
LOCATION OF PROPERTY
REASON FOR CORRECTION : VALUE CHANGE -ASSESSOR REQUESTED
VALUES:
OLD VALUES
NEW VALUES
DIFFERENCE
MINERAL
LAND
961,093
961,093
IMPROVEMENT
OTH IMPS/FIXTURES
PERSONAL PROPERTY
EXEMPTION
NET ASSESSED VALUE
961,093
961,093
We will enroll the escape assessment no sooner than 10 days after the date shown at
the top of this Notice. A Notice of Enrollment of Escape Assessment will be mailed
to you following enrollment of the escape assessment. The Notice of Enrollment will
provide information regarding both the right to an informal review by the Assessor
and the formal right to appeal before the Assessment Apeals Board including filing
deadlines.
If you do not agree with the new value and wish to discuss this correction with the
Assessor, please contact the person below.
Sincerely,
Kern County Assessor -Recorder
Contact: JOHN DIAL
Telephone: (661)-868-3485
AS2011173001UIP 20110622
JAMES W. FITCH
KERN COUNTY ASSESSOR - RECORDER
VERNON CITY OF
4305 SANTA FE AV
VERNON CA 90058
1115 TRUXTUN AVE
BAKERSFIELD, CA 93301
06/22/2011
NOTICE OF PROPOSED ESCAPED ASSESSMENT
There will be a correction made to the 2009 assessment year roll for the property
identified below which has increased the taxable value in the amount of
$ 480,088 .
This notification is informal only and is not a tax bill. A corrected tax bill will
be issued by the Tax Collector.
ATN : 444-010-04-00-1
LOCATION OF PROPERTY
REASON FOR CORRECTION : VALUE CHANGE -ASSESSOR REQUESTED
VALUES:
OLD VALUES
NEW VALUES
DIFFERENCE
MINERAL
LAND
480,088
480,088
IMPROVEMENT
OTH IMPS/FIXTURES
PERSONAL PROPERTY
EXEMPTION
NET ASSESSED VALUE
480,088
480,088
We will enroll the escape assessment no sooner than 10 days after the date shown at
the top of this Notice. A Notice of Enrollment of Escape Assessment will be mailed
to you following enrollment of the escape assessment. The Notice of Enrollment will
provide information regarding both the right to an informal review by the Assessor
and the formal right to appeal before the Assessment Apeals Board including filing
deadlines.
If you do not agree with the new value and wish to discuss this correction with the
Assessor, please contact the person below.
Sincerely,
Kern County Assessor -Recorder
Contact: JOHN DIAL
Telephone: (661)-868-3485
AS2011173001UIP 20110622
JAMES W. FITCH 1115 TRUXTUN AVE
KERN COUNTY ASSESSOR - RECORDER BAKERSFIELD, CA 93301
06/22/2011
NOTICE OF PROPOSED ESCAPED ASSESSMENT
VERNON CITY OF
4305 SANTA FE AV
VERNON CA 90058
There will be a correction made to the 2009 assessment year roll for the property
identified below which has increased the taxable value in the amount of
$ 957,405 .
This notification is informal only and is not a tax bill. A corrected tax bill will
be issued by the Tax Collector.
ATN : 444-010-01-00-2
LOCATION OF PROPERTY .
REASON FOR CORRECTION : VALUE CHANGE -ASSESSOR REQUESTED
VALUES:
OLD VALUES
NEW VALUES
DIFFERENCE
MINERAL
LAND
957,405
957,405
IMPROVEMENT
OTH IMPS/FIXTURES
PERSONAL PROPERTY
EXEMPTION
NET ASSESSED VALUE
957,405
957,405
We will enroll the escape assessment no sooner than 10 days after the date shown at
the top of this Notice. A Notice of Enrollment of Escape Assessment will be mailed
to you following enrollment of the escape assessment. The Notice of Enrollment will
provide information regarding both the right to an informal review by the Assessor
and the formal right to appeal before the Assessment Apeals Board including filing
deadlines.
If you do not agree with the new value and wish to discuss this correction with the
Assessor, please contact the person below.
Sincerely,
Kern County Assessor -Recorder
Contact: JOHN DIAL
Telephone: (661)-868-3485
AS2011173001UIP 20110622
JAMES W. FITCH
KERN COUNTY ASSESSOR - RECORDER
VERNON CITY OF
4305 SANTA FE AV
VERNON CA 90058
1115 TRUXTUN AVE
BAKERSFIELD, CA 93301
06/22/2011
NOTICE OF PROPOSED ESCAPED ASSESSMENT
There will be a correction made to the 2009 assessment year roll for the property
identified below which has increased the taxable value in the amount of
$ 92,515 .
This notification is informal only and is not a tax bill. A corrected tax bill will
be issued by the Tax Collector.
ATN : 153-180-.10-01-6
LOCATION OF PROPERTY .
REASON FOR CORRECTION : VALUE CHANGE -ASSESSOR REQUESTED
VALUES:
OLD VALUES
NEW VALUES
DIFFERENCE
MINERAL
LAND
92,515
92,515
IMPROVEMENT
OTH IMPS/FIXTURES
PERSONAL PROPERTY
EXEMPTION
NET ASSESSED VALUE
92,515
92,515
We will enroll the escape assessment no sooner than 10 days after the date shown at
the top of this Notice. A Notice of Enrollment of Escape Assessment will be mailed
to you following enrollment -of the escape assessment. The Notice of Enrollment will
provide information regarding both the right to an informal review by the Assessor
and the formal right to appeal before the Assessment Apeals Board including filing
deadlines.
If you do not agree with the new value and wish to discuss this correction with the
Assessor, please contact the person below.
Sincerely,
Kern County Assessor -Recorder
Contact: JOHN DIAL
Telephone: (661)-868-3485
AS2011173001UIP 20110622
JAMES W. FITCH
KERN COUNTY ASSESSOR - RECORDER
1115 TRUXTUN AVE
BAKERSFIELD, CA 93301
VERNON CITY OF
4305 SANTA FE AV
VERNON CA 90058
06/22/2011
NOTICE OF PROPOSED ESCAPED ASSESSMENT
There will be a correction made to the 2009 assessment year roll for the property
identified below which has increased the taxable value in the amount of
$ 957,768 .
This notification is informal only and is not a tax bill. A corrected tax bill will
be issued by the Tax Collector.
ATN : 153-110-04-00-9
LOCATION OF PROPERTY .
REASON FOR CORRECTION : VALUE CHANGE -ASSESSOR REQUESTED
VALUES:
OLD VALUES
NEW VALUES
DIFFERENCE
MINERAL
LAND
957,768
957,768
IMPROVEMENT
OTH IMPS/FIXTURES
PERSONAL PROPERTY
EXEMPTION
NET ASSESSED VALUE
957,768
957,768
We will enroll the escape assessment no sooner than 10 days after the date shown at
the top of this Notice. A Notice of Enrollment of Escape Assessment will be mailed
to you following enrollment of the escape assessment. The Notice of Enrollment will
provide information regarding both the right to an informal review by the Assessor
and the formal right to appeal before the Assessment Apeals Board including filing
deadlines.
If you do not agree with the new value and wish to discuss this correction with the
Assessor, please contact the person below.
Sincerely,
Kern County Assessor -Recorder
Contact: JOHN DIAL
Telephone: (661)-868-3485
AS2011173001UIP 20110622
JAMES W. FITCH
KERN COUNTY ASSESSOR - RECORDER
1115 TRUXTUN AVE
BAKERSFIELD, CA 93301
VERNON CITY OF
4305 SANTA FE AV
VERNON CA 90058
06/22/2011
NOTICE OF PROPOSED ESCAPED ASSESSMENT
There will be a correction made to the 2009 assessment year roll for the property
identified below which has increased the taxable value in the amount of
$ 921,599 .
This notification is informal only and is not a tax bill. A corrected tax bill will
be issued by the Tax Collector.
ATN : 444-040-15-00-2
LOCATION OF PROPERTY
REASON FOR CORRECTION VALUE CHANGE -ASSESSOR REQUESTED
VALUES:
OLD VALUES
NEW VALUES
DIFFERENCE
MINERAL
LAND
921,599
921,599
IMPROVEMENT
OTH IMPS/FIXTURES
PERSONAL PROPERTY
EXEMPTION
NET ASSESSED VALUE
921,599
921,599
We will enroll the escape assessment no sooner than 10 days after the date shown at
the top of this Notice. A Notice of Enrollment of Escape Assessment will be mailed
to you following enrollment of the escape assessment. The Notice of Enrollment will
provide information regarding both the right to an informal review by the Assessor
and the formal right to appeal before the Assessment Apeals Board including filing
deadlines.
If you do not agree with the new value and wish to discuss this correction with the
Assessor, please contact the person below.
Sincerely,
Kern County Assessor -Recorder
Contact: JOHN DIAL
Telephone: (661)-868-3485
AS2011173001UIP 20110622
JAMES W. FITCH 1115 TRUXTUN AVE
KERN COUNTY ASSESSOR - RECORDER BAKERSFIELD, CA 93301
06/22/2011
NOTICE OF PROPOSED ESCAPED ASSESSMENTVERNON OF
�lC�reO�D
oHARRISONTJEFF ESQ `ON 28 2011
4305 SANTA FE AV CITY CLERK'S OFFICE
VERNON CA 90058 E
There will be a correction made to the 2009 assessment year roll for the property
identified below which has increased the taxable value in the amount of
$ 99,290 .
This notification is informal only and is not a tax bill. A corrected tax bill will
be issued by the Tax Collector.
ATN 153-180-09-01-4
LOCATION OF PROPERTY .
REASON FOR CORRECTION : VALUE CHANGE -ASSESSOR REQUESTED
VALUES:
OLD VALUES
NEW VALUES
DIFFERENCE
MINERAL
LAND
99,290
99,290
IMPROVEMENT
OTH IMPS/FIXTURES
PERSONAL PROPERTY
EXEMPTION
NET ASSESSED VALUE
99,290
99,290
We will enroll the escape assessment no sooner than 10 days after the date shown at
the top of this Notice. A Notice of Enrollment of Escape Assessment will be mailed
to you following enrollment of the escape assessment. The Notice of Enrollment will
provide information regarding both the right to an informal review by the Assessor
and the formal right to appeal before the Assessment Apeals Board including filing
deadlines.
If you do not agree with the new value and wish to discuss this correction with the
Assessor, please contact the person below.
Sincerely,
Kern County Assessor -Recorder
Contact: JOHN DIAL
Telephone: (661)-868-3485
AS2011173001UIP '20110622
JAMES W. FITCH
KERN COUNTY ASSESSOR - RECORDER
VERNON CITY OF
%HARRISON JEFF ESQ
4305 SANTA FE AV
VERNON CA 90058
1115 TRUXTUN AVE
BAKERSFIELD, CA 93301
06/22/2011
NOTICE OF PROPOSED ESCAPED ASSESSMENT
There will be a correction made to the 2009 assessment year roll for the property
identified below which has increased the taxable value in the amount of
$ 960,928 .
This notification is informal only and is not a tax bill. A corrected tax bill will
be issued by the Tax Collector.
ATN : 153-110-05-01-1
LOCATION OF PROPERTY .
REASON FOR CORRECTION : VALUE CHANGE -ASSESSOR REQUESTED
VALUES:
OLD VALUES
NEW VALUES
DIFFERENCE
MINERAL
LAND
960,928
960,928
IMPROVEMENT
OTH IMPS/FIXTURES
PERSONAL PROPERTY
EXEMPTION
NET ASSESSED VALUE
960,928
960,928
We will enroll the escape assessment no sooner than 10 days after the date shown at
the top of this Notice. A Notice of Enrollment of Escape Assessment will be mailed
to you ,following enrollment of the escape assessment. The Notice of Enrollment will
provide information regarding both the right to an informal review by the Assessor
and the formal right to appeal before the Assessment Apeals Board including filing
deadlines -
If you do not agree with the new value and wish to discuss this correction with the
Assessor, please contact the person below.
Sincerely,
Kern County Assessor -Recorder
Contact: JOHN DIAL
Telephone: (661)-868-3485
AS2011173001UIP 20110622