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3/16/2011 - STAFF REPORTS - 2G
A`M SAP �y v w k tiC0' qA k �ORpTIa Cpt,FO��`P City Council Staff Re ort Date: March 16, 2011 CONSENT CALENDAR Subject: APPROVAL OF AN ENCROACHMENT LICENSE TO WINDPOWER PARTNERS 1993, LP, FOR PRIVATE HIGH VOLTAGE UNDERGROUND ELECTRIC LINES AND FIBER OPTIC COMMUNICATION LINES IN DIABLO ROAD, DILLON ROAD, 20TH AVENUE, AND GARNET AVENUE From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY Approval of this item will authorize the issuance of an Encroachment License to Windpower Partners 1993, LP, for operation and maintenance of private high voltage underground electric lines and fiber optic communication lines located in Diablo Road, Dillon Road, 20th Avenue, and Garnet Avenue. RECOMMENDATION: 1) Approve Agreement No. , an Encroachment License between the City of Palm Springs and Windpower Partners 1993, LP, a California Limited Partnership, for operation and maintenance of private high voltage underground electric lines and fiber optic communication lines located in Diablo Road, Dillon Road, 20th Avenue, and Garnet Avenue; and 2) Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: Chapter 14.16 of the Palm Springs Municipal Code requires an encroachment permit to be issued for any improvements constructed in the public right-of-way. Additionally, whenever utility facilities or other improvements of a type of use determined by the Director of Public Works to require additional liability protection for the City, a formal agreement through an Encroachment License is required. On December 8, 2010, the Planning Commission approved Conditional Use Permit Case No. 5.1240, 5.124C, 5.124D, 5.124E, 5.124F, and 5.124G for the decommission f�^ . NO.�---- City Council Staff Report March 16 ,2011 - Page 2 Encroachment License with Windpower Partners 1993, LP and replacement of 80 existing wind turbine generators and the addition of 26 new wind turbine generators located in the northwesterly portion of the City on approximately 600 acres. When completed, the power generated by the wind turbine generators will be fed through a privately operated and maintained underground high-voltage electrical system and fiber optic communication system to an SCE electric sub-station. There are portions of the private electric and communication system that extend across or run parallel within public rights-of-way. Conditions imposed by the Planning Commission required the applicant to obtain an Encroachment License for the private electrical and communication lines extending across or within public rights-of-way. The proposed Encroachment License satisfies that requirement. The applicant (Windpower Partners 1993, LP) requests encroachments, 20 feet wide, extending across or within Diablo Road, Dillon Road, 20th Avenue, and Garnet Avenue. The private utilities will be installed at an appropriate depth with a marker tape above it to further protect and identify the privately owned utility. Conditions of the Encroachment License require the applicant to join and maintain membership with Underground Service Alert of Southern California (USA/Dig Alert), imposing requirements on the applicant to maintain its private utilities, and to identify and mark its location within the right-of-way when construction or excavation may occur within the street. Staff recommends approval of the encroachment license with Windpower Partners 1993, LP. FISCAL IMPACT: None. SUBMITTED: Prepared by: Recommended by: Marcus L. Fuller David J. Barakian Assistant Director of Public Works Director of Public Works/City Engineer Approved by: Ae� Thomas J. Wil n, Asst. City Manager David H. Ready, City Attachments- 1. Encroachment License FREE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF PALM SPRINGS P.O. Box 2743 Palm Springs, California 92263-2743 Attn: City Clerk and Public Works and Engineering Filing Fee Exempt Per Government Code 6103 (For Recorder's Use Only) EL 10-04 PRIVATE UTILITY ENCROACHMENT LICENSE (ALL PROPERTIES OTHER THAN INDIVIDUAL RESIDENTIAL PROPERTIIEhS) THIS ENCROACHMENT LICENSE (the "License") is entered into this �S day of ( 20"� by and between Windpower Partners 1993, L.P.,a CaliforniaLimitedartnersh ("Licenee")and the CITY OF PALM SPRINGS, a California charter city("City"). RECITALS: A. Licensee is the Lessee of various real properties located in the City of Palm Springs, County of Riverside, State of California identified by Assessor's Parcel Number(s) (APN)668-250-020 by that certain Grant of Easement and Easement Agreement recorded as Document No. 2010-0621072, recorded on December 28, 2010, Official Records of Riverside County, attached hereto as Exhibit "A-1" and incorporated herein by reference ("Licensee Property"). (APN) 668-280-007 & (APN) 668-280-017 by that certain Grant of Easement and Easement Agreement recorded as Document No. 2010-0621073, recorded on December 28, 2010, Official Records of Riverside County, attached hereto as Exhibit "A-2" and incorporated herein by reference ("Licensee Property"). (APN) 668-411-010 by that certain Grant of Easement and Easement Agreement recorded as Document No. 2010-0609700, recorded on December 20, 2010, Official Records of Riverside County, attached hereto as Exhibit"A-3" and incorporated herein by reference ("Licensee Property"). (APN) 668-280-019 by that certain Grant of Easement and Easement Agreement recorded as Document No. 2011-0077218, recorded on February 18, 2011, Official Records of Riverside County, attached hereto as Exhibit"A-4" and incorporated herein by reference ("Licensee Property"). (APN) 668-411-009 by that certain Grant of Easement and Easement Agreement recorded as Document No. 2010-0609699, recorded on December 20, 2010, Official Records of Riverside County, attached hereto as Exhibit"A-5" and incorporated herein by reference ("Licensee Property"). 1 (APN) 668-270-010 by that certain Grant of Easement and Easement Agreement recorded as Document No. 2010-0609701, recorded on December 20,2010, Official Records of Riverside County, attached hereto as Exhibit"A-6" and incorporated herein by reference ("Licensee Property"). (APN) 668-412-002 by that certain Grant of Easement and Easement Agreement recorded as Document No. 158459, recorded on April 15, 1994, Official Records of Riverside County, attached hereto as Exhibit "A-7" and incorporated herein by reference ("Licensee Property"). B. City is the owner of certain fee and/or easement interests in that certain real property located in the City of Palm Springs, County of Riverside, State of California adjacent to the Applicant Property and more particularly described and shown on Exhibit "B" ("City Property"). C. Licensee desires to construct and maintain collector line facilities within City of Palm Springs public right-of-way totaling 950 lineal feet (more or less) of underground 12.47 kV direct burial high voltage conductors AND/OR fiber optic cables (detailed in Sections 3.1 & 3.2), hereinafter referred to as "Encroachment", which will encroach on City property within easements described and attached as Exhibits"C-1","C-2, "C-3119 "D-1", "D-2", and "D-3", attached hereto and incorporated herein by reference(the "Encroachment Area"). D. Licensee desires to construct and maintain collector line facilities within City of Palm Springs public right-of-way totaling 1350 lineal feet (more or less) of underground 35 kV direct burial high voltage conductors AND fiber optic cables (detailed in Sections 3.3 & 3.4), hereinafter referred to as "Encroachment", which will encroach on City property within easements described and attached as Exhibits "D-1", "D- 2", D-4", "E-1", "E-21 , and "E-3", attached hereto and incorporated herein by reference(the "Encroachment Area"). E. City has agreed to grant to Licensee an encroachment permit("Permit")for the Encroachment in accordance with Chapter 14.16 of the City of Palm Springs Municipal Code on the condition that Licensee executes this License. NOW THEREFORE, the parties hereto agree as follows: 1.0 License. The City hereby grants a License to Licensee to construct the Encroachment within the Encroachment Area upon all of the terms and conditions of the Permit and this License. This license does not cover any jurisdiction other than the City of Palm Springs road right-of-way. 2 2.0 Commencement of Construction. Licensee shall commence the construction of the Encroachment within a reasonable amount of time, in no event to exceed ninety (90) days following the execution date of this License. Before beginning any physical work on the Encroachment, Licensee shall notify City that construction of Encroachment will be commenced, at least twenty-four(24) hours prior to commencement of such work. Licensee shall also notify the City upon completion of the Encroachment. 3.0 Construction of Encroachment. 3.1 The encroachment crossing at Diablo Road, south of Dillon Road shall be 12.47 kV direct burial high voltage conductors and fiber optic cables enclosed in an 8-inch diameter high density polyethylene (HDPE)sleeve, as per construction specifications, and no less than 96-inches (8 feet) in depth from top of grade to the top of the sleeve. See Exhibits "C-1" & "C-2"for easement legal descriptions and plat of encroachment crossings, and Exhibit"C-3" for section view detail of crossing. 3.2 The encroachment crossings at Dillon Road, east of Diablo Road shall be 12.47 kV direct burial high voltage conductors and/or fiber optic cables enclosed in a 6-inch diameter high density polyethylene (HDPE) sleeve, as per construction specifications, and no less than 96-inches (8 feet) in depth from top of finish grade to the top of the sleeve. See Exhibits "D- 1" & "D-2"for easement legal descriptions and plat of encroachment crossings, and Exhibit "D-3" for section view detail of crossing. 3.3 The encroachment within the south side of Dillon Road, east of Diablo Road, outside existing paved roadway, shall be 35 kV direct burial high voltage conductors and fiber optic cables in 48-inches (4 feet)wide trench, as per construction specifications, and no less than 42-inches (3.5 feet) in depth from top of finish grade to the top of the sleeve. See Exhibits "D-1" &"D-2"for easement legal descriptions and plat of encroachment crossings, and Exhibit "D-4" for section view detail of crossing. 3.4 The encroachment crossings at 20th Avenue and Garnet Avenue shall be 35 kV direct burial high voltage conductors and fiber optic cables through existing conduit sleeves or 10-inch diameter casing, as per construction specifications, and no less than 72-inches (6 feet) in depth from top of finish grade to the top of the sleeve. The encroachment within the south side of Garnet Avenue, off the roadway pavement, shall be no less than 72-inches (6 feet) in depth to top of grade. See Exhibits "E-1" & "E-2" and for easement legal descriptions and plat of encroachment crossings, and Exhibit"E-3"for section view detail of crossing. All encroachment crossings perpendicular to public right-of-way and within roadway pavement limits will be bored, not trenched. All encroachments perpendicular to public right-of-way and off roadway pavement limits may be trenched. Any structure placed pursuant to this License shall be constructed in a careful and workmanlike manner and in accordance with plans and specifications to be submitted to and approved by the City of Palm Springs Department of Public Works & Engineering and Department of Building & Safety, before Licensee 3 J commences construction of Encroachment within the Encroachment Area, or commences construction of any work on Licensee Property. 4.0 Maintenance. Licensee shall have the right and obligation to maintain, repair and replace, at its own cost and expense, the Encroachment so as to keep the Encroachment Area in a neat, clean, first class condition and in good order and repair, free of trash and debris at all times. As the Encroachment Area consists of public street rights-of-way, the Licensee shall ensure that any excavations, trenches, and backfill and repaving of trenches excavated by Licensee for the Encroachment are maintained as required by the City, in accordance with applicable City standards or as directed by the City Engineer. Licensee hereby agrees to perform such additional repairs and/or maintenance work in the Encroachment Area within fifteen (15) days notice from City. Licensee shall have access across the City Property at all times while the License is in effect solely for the purposes as noted in Section 3. In the event that Licensee does not maintain the Encroachment as required herein, the City will have the option to either (i) terminate the License as more particularly provided in Section 7 or, (ii)after giving Licensee reasonable notice,to make such repairs or perform such maintenance as is required. If City performs the required repairs and/or maintenance, City shall submit an invoice to Licensee for payment of the repairs and/or maintenance work performed by City, including administrative fees, and Licensee shall pay such invoice received within thirty(30)days for such work performed. Failure to pay any invoice submitted to Licensee by City within thirty (30) days notice from City shall automatically terminate the License herein granted. 4.1 Construction by Others within Encroachment Area. Licensee hereby acknowledges that the License herein granted by City is non-exclusive, and that City may grant subsequent encroachments within the Encroachment Area to other parties, including public utility companies, other governmental agencies, and private parties. Licensee hereby agrees to join and maintain membership with United Service Alert of Southern California(Dig Alert) for the entire term of this License, or until the Encroachment is removed, whichever occurs first. Licensee shall be required, pursuant to this provision of the License granted by City, to monitor notifications from USA/Dig Alert (1-800-227-2600) of excavations or other work within the Encroachment Area by public agencies or private parties that may directly affect Licensee's Encroachment. It shall be the Licensee's sole responsibility to adequately mark, identify, and locate its Encroachment within the Encroachment Area for any and all public agencies or private parties who have duly notified USA/Dig Alert of excavations or other work within the Encroachment Area. Failure of Licensee to timely and/or correctly mark, identify, and locate its Encroachment within the Encroachment Area shall be the responsibility of the Licensee. Licensee shall indemnify, hold harmless, and release City from all damages of any kind, due to damages incurred to its Encroachment within the Encroachment Area, including complete loss of the use and/or value of the Encroachment due to excavations or other work within the Encroachment Area by public utility companies, other governmental agencies, and private parties, including the City, who have duly notified USA/Dig Alert of their 4 +17 intention to excavate or perform other work within the Encroachment Area. Licensee acknowledges that this provision of the License granted by City releases City of any financial or other obligations to maintain the Encroachment within the Encroachment Area, and that Licensee shall be solely responsible for ensuring that its Encroachment is adequately protected for the entire term of this License. Licensee further acknowledges its Encroachment consists of a privately owned, underground, high-voltage electrical system, and its responsibility to ensure the Encroachment is identified and appropriately marked within the Encroachment Area to ensure future work within the Encroachment area does not result in injury or loss of life. Licensee hereby indemnifies the City from any and all liability, in accordance with Section 6 of this License, for any injuries or loss of life resulting from Licensee's failure to comply with the requirements of maintaining the Encroachment and ensuring its identification within the Encroachment Area through membership in USA/Dig Alert. 4.2 Relocation of Encroachment within City Right-of-Way. In the event of a conflict with an underground utility proposed by any public agency or private party whose proposed utility is approved for installation by City within the Encroachment Area, Licensee hereby agrees to relocate the Encroachment, at Licensee's sole expense, as necessary to remove any such conflict with an underground utility proposed by any public agency or private party. Licensee shall prepare relocation plans for the Encroachment and submit to the City Engineer, as well as the affected public agency or private party, for review and comment within thirty (30) days notice from City of the underground utility conflict. Licensee shall relocate the Encroachment, as directed by the City, pursuant to Sections 2, 3, and 5 of this License, except, however, that relocation of the Encroachment, as approved by City, shall commence no later than thirty(30)days approval of relocation plans for the Encroachment by City. 5.0 Installation and Maintenance of Safety Provisions. Licensee shall, in connection with the construction and maintenance of the Encroachment, provide, install,and maintain such lights, barriers, warning signs or other safety provisions as are reasonably necessary to protect anyone utilizing the City Property for whatever reason. In the event that the City determines that suitable safety provisions are not being provided by Licensee, the City may, after two (2) days notice from City to Licensee, provide, install and maintain such safety provisions. If the City provides the safety provisions pursuant to this Section 5, City shall submit an invoice to Licensee for payment of the safety provisions installed by City, including administrative fees, and Licensee shall pay such invoice received within thirty(30) days for such work performed. Failure to pay any invoice submitted to Licensee by City within thirty (30) days shall automatically terminate the License herein granted.. 6.0 Indemnity. Licensee hereby agrees to indemnify and defend the City, its officers, agents and employees against and to hold and save each of them harmless from, 5 any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (collectively "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the location, construction, maintenance, relocation or removal of the Encroachment, but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to City, and in connection therewith: (a) Licensee will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Licensee will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities and Licensee agrees to save and hold the City, its officers, agents and employees harmless there from; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Licensee for such damages or other claims arising out of the location, construction, maintenance, relocation or removal of the Encroachment, Licensee agrees to pay the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including, but not limited to, legal costs and attorneys fees. 7.0 Covenants Running With the Land. The covenants and restrictions by Licensee set forth in this License: (a)are made for the direct benefit of the City Property; (b) will constitute covenants running with the land and equitable servitudes; (c)will bind Licensee and every person having any fee, leasehold or other interest in any portion of the Licensee Property at any time or from time to time; and (d)will inure to the benefit of the City and every person having any fee, leasehold or other interest in the City Property at any time or from time to time. 8.0 Insurance. Licensee shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this License, in a form and content satisfactory to City, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Licensee's use of the Encroachment within the Encroachment Area under this License. Insurance shall be kept in full force and effect during the term of this License, and shall not be cancelable without thirty(30)days written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to City's approval of this License. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a 6 , i limitation of Licensee's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 8.1 Minimum Scope of Insurance. The minimum amount of insurance required hereunder shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least Two Million Dollars ($2,000,000) combined single limit coverage per occurrence. For any claims related to this License, Licensee's insurance coverage shall be primary insurance as respects City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Licensee's insurance and shall not contribute with it. 8.2 Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VIII, or better, unless otherwise acceptable to the City. 8.3 Verification of Coverage. Licensee shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this License. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before approval of this License. City reserves the right to require Licensee's insurers to provide complete, certified copies of all required insurance policies at any time. Verification of Insurance Coverage may be provided by: (1) an approved General Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees and agents are named as an additional insured"("as respects Encroachment License No.10-04"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have"("as respects Encroachment License No. 10-04" may be included in this statement). 3. "Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such 7 notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. See example below. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policy. All certificates and endorsements are to be received and approved by the City before this License is approved. Cancellation Example: SHOULD ANY OF THE ABOVE REFERENCED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL MAIL 30 DAYS*WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED *The broker/agent can include a qualifier stating "10 days notice for nonpayment of premium." 8.4 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, employees, agents,or volunteers; or, Licensee shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 8.5 Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 8.6 Insurance Increase. Not more frequently than one (1) time every three (3) years, if, in the opinion of the City, the amount of public liability and property damage insurance coverage at that time is not adequate, the City may require modifications to the required insurance coverage in this Section 8. City shall notify Licensee, and Licensee hereby agrees to provide City with certificates and endorsements evidencing City's required increased insurance coverage amounts within thirty(30)notice from City. Failure of Licensee to provide City with certificates and endorsements evidencing City's required increased insurance coverage amounts within thirty(30)days shall automatically terminate the License herein granted. 9.0 Termination. The License is terminable with or without cause by City at any time. Licensee shall remove the Encroachment and restore the Encroachment Area on the 8 10 City Property to its former condition, at Licensee's sole cost and expense, within thirty(30) days notice from City. In the event Licensee fails to remove the Encroachment and restore the Encroachment Area on the City Property within thirty (30) days notice from City, City shall have the right to do so without notice to Licensee. Licensee shall immediately reimburse the City for all expenses incurred by City in the removal of the Encroachment and restoration of the Encroachment Area on the City Property. Said amounts shall accrue interest from the date the expenses were incurred by City at the maximum non-usurious interest rate permitted by law. 10.0 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to be given under the provisions of this License shall be in writing and either served personally or sent prepaid, first-class mail to the following address: To City: City of Palm Springs PO Box 2743 Palm Springs, CA 92263-2743 Attn: Public Works and Engineering Department With Copy to: City Attorney, City of Palm Springs PO Box 2743 Palm Springs, CA 92263-2743 Attn: Douglas Holland Licensee: Nextera Energy Resources, L.L.C. Windpower Partners 1993, L.P. 700 Universe Boulevard Juno Beach, FL 33408 Attn: M. Andrew Starke Either party may change its address from time to time by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed pursuant to this Section 10. 11.0 Attorneys Fees. In any action between the parties hereto seeking enforcement of this License, or in connection with the License.or the Permit, the prevailing party in such action shall be entitled to have and to recover from the other party its reasonable attorneys' fees and other reasonable expenses in connection with such action or proceeding in addition to its recoverable court costs. 9 12.0 Successors and Assigns. All rights and obligations created by this License shall be appurtenant to and shall run with the Licensee Property and the City Property and each part thereof and interest thereon, and shall be binding upon the owners of the Licensee Property and its respective successors and assigns acquiring any right,title and interest in the Licensee Property. 13.0 Amendment or Modification. This License may not be modified or amended except by written agreement executed by the then-owner of the Licensee Property and the City Property and recorded in the Office of the County Recorder, County of Riverside, California. 14.0 Governing Law. This License shall be governed by and construed in accordance with the laws of the State of California. 15.0 Severability. The invalidity or unenforceability of any provision of this License with respect to a particular party or set of circumstances shall not in any way affect the validity and enforceability of any other provision hereof or the same provision when applied to another party or to a different set of circumstances. 16.0 Recordation. This License shall be recorded in the Office of the County Recorder, Riverside County, California, and it shall serve as notice to all parties succeeding to the interest of Licensee or City that their use of the Licensee Property and the City Property shall be benefited and/or restricted in the manner herein described. 17.0 Counterparts. This License may be executed in any number of counter parts, each of which shall constitute an original. 10 1 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. "LICENSEE" WINDPOWER PARTNERS 1993, L.P., a California Limited Partnership By: PRINT NAME: w JTA rke- AGENT TITLE: o'ecl I0;,-e-c or- (Licensee shall have signature notarized) ATTEST: CITY OF PALM SPRINGS, a California charter city By: By. James Thompson, City of Palm Springs David H. Ready, City of Palm Springs City Clerk City Manager APPROVED AS TO FORM: Douglas Holland, City of Palm Springs City Attorney .... . .......... .. 10 1 � STATE OF } SS COUNTY OF } On , before me, Notary Public, DATE personally appeared , 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 signatures(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. (Seal) WITNESS my hand and official seal. Signature of Notary STATE OF . / /Cr>'/ _} COUNTY OF ?chin G& } $S On a1 s_ -261 l before me, /'_,Notary Public, DATEpersonally appeared who proved to me on the basis of satisfactory evidence to be the person(sjwhose nameko is/ subscribed to the within instrument and acknowledged to me that he/ft/tpey executed the same in his/W/t. r authorized capacityO, and that by his/ter/tWr signaturesW on the instrument the person(}, or the entity upon behalf of which the persons acted, executed the instrument. 4 . I certify under PENALTY OF PERJURY under the laws of the State of a'fhat the foregoing paragraph is true and correct. (Seal) WITNESS y hand and official seal. 1AV 1-v gnature of Notary 11 MARVEL LAMBERT r • :"= Notary Public-State pt Florida + , •e y Qom,-My Comm.Expires Aug 22,2014 ;;4a° Commission#EE 19236 �. EXHIBIT "A. I" DOC # 2010-0621072 12/28/2010 03:29P Fee:51.00 RECORDING REQUESTED BY: Page i of 13 Recorded in official Records county of Riverside Larry W. Ward Assessor, County Clerk & Recorder C111CAG-0 TIT!TA COMPANY WHEN RECORD MAIL TO: 1111111 lip 11111 IN 111111111111111111111111111 Alene S. Egol,Esq. NextEra Energy Resources, LLC COPY 700 Universe Boulevard(LAW/JB) R u PAGE SIZE va nnlsc LONG RFD Juno Beach, Florida 33408 A L 465 426 PCOR NCOR 5MF NCH T: CTY UNI V Assessor's Parcel Number: 668-250-020-1 SHO_U FORM OF AMENDED WIND FARM EASEMENT AGREEMENT 01"11 THIS SHORT FORM OF AMENDED WIND FARM EASEMENT AGREEMENT(this "Short Form"), is made and entered into as of cStcetnbrr 9 , 2010 (the "Effective Date"), by and between Jay H. Rosenthal, a/k/a Jay Henry Rosenthal, a single man, whose address for notices is: C/O Ken Rosen, 21134 Celtic Street, Chatsworth, CA 91311-1466, Maximilian Cascante, a single man, whose address for notices is: 900 S. Wooster Street, Los Angeles, CA 90035, Corinne Cascante as Custodian for Sarah Cascante and Alexander Gregory Cascante, under California Uniform Transfers to Minors Act, whose address for notices is: 900 S. Wooster Street,Los Angeles, CA 90035, and Marshall Platt as Custodian for Ariel Platt, a/k/a Arial Platt, under the California Uniform Transfers to Minors Act, whose address for notices is: C/O Marshall Platt, Marshall Platt Consulting, 2600 loth Street, Berkeley, CA 94710 ("collectively, the Owner"), and Windpower Partners 1993, L.P., a Delaware limited partnership, whose address for notices is: 700 Universe Blvd., Juno Beach, Florida 33408 ("Operator"),with reference to the following recitals. A. WHEREAS, Owner, or Owner's predecessor in interest, entered into that certain Grant of Easement and Easement Agreement ("Original Easement Agreement") dated April 25, 1993 with Kennetech Wind Power, Inc.,("KWI") formerly known as U.S. Wind Power,Inc., the predecessor in interest to Operator. A Short Form of said Easement Agreement was recorded in the Office of the Public Records of Riverside County, California on May 3, 1993 as Instrument Numbers: 164350, 164353 and 164355. The Easement Agreement granted KWI wind easements and related rights on, over, along and under the property as described on Exhibit A.("Owner's Property")attached hereto and made a part hereof. B. WHEREAS, KWI's rights were thereafter assigned to Operator by that certain Assumption and Assignment dated as of April 7, 1999 recorded in the Office of Public Records of Riverside County, California on April 8, 1999 as Instrument Number: 99-148071. 1 /Oby�3�►�5"-�'�t� 1 EXHIBIT "A- C. WHEREAS, Operator is also the holder of certain subeasement and sublease rights pursuant to that certain Subeasement and Sublease Agreement between KWI and Operator dated as of April 1, 1994 recorded in the Office of the Public Records of Riverside County, California on April 15, 1994 as Instrument Number: 158459. D. WHEREAS, Owner and Operator have entered into that Amended Wind Farm Easement Agreement ("Amended Agreement") in order to amend and replace the terms and provisions of the Original Easement Agreement, as well as to provide for decommissioning of Operator's existing facilities. E. WHEREAS, Owner and Operator desire to execute, deliver and record this Short Form for the purpose of putting all persons on notice of Operator's right,title and interest in the Owner's Property pursuant to the terms of the Amended.Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and Operator do hereby state, declare and establish as follows: 1. Defined Terms. All capitalized terms used herein and not otherwise defined shall have the meaning given such terms in the Amended Agreement and the terms, covenants and conditions of the Amended Agreement are incorporated herein by reference with the same force and effect as though fully set forth herein. 2. Decommissioning_Notice. Operator shall have a period of five years following the Effective Date of the Amended Agreement to deliver a Decommissioning Notice to Owner. The Decommissioning Notice shall specify the date that Operator will begin work on the Wind Power Project("Commencement Date"), which Commencement Date shall be a day that is the first day of a month not later than sixty (60) days after the date the Decommissioning Notice is given to Owner. If Operator does not timely deliver the Decommissioning Notice, then on the fifth anniversary of the Effective Date of the Amended Agreement,the Amended Agreement and the Easements referenced in Section 3 of this Short Form shall automatically terminate and be of no further force or effect. 3. Easements. The following easements (collectively, the "Easements") are granted hereby and by the Amended Agreement to Operator. The purpose and scope of the Easements are more particularly described in the Amended Agreement. Such Easements are irrevocable, and, with the exception of the Access Easement, overhang easement and Effects Easement, are for the exclusive use and benefit of Operator, and burden all or a portion of Owner's Property: a. An easement to construct, operate and maintain Wind Turbines and Collection and Transmission Facilities, together with associated roads and parking areas on each Wind Turbine site; b. An easement for unobstructed vehicular and pedestrian ingress to and egress from the Improvements; 2 EXH I B'IT "Alit c. An easement for the construction, installation, operation, maintenance, use,repair,replacement,relocation and removal of Collection.and Transmission Facilities on and under the Owner's Property; d. An easement for purposes of constricting, maintaining, repairing, replacing and removing all or any part or element of the Improvements; e. An easement for the right and privilege to use, maintain and capture the free and unobstructed flow of wind currents over and across the Owner's Property; f. An easement for the right and privilege to generate sound, visual, view, light,flicker, noise,shadow, vibration,air turbulence,wake,electromagnetic, electrical and radio frequency interference, and any other effects attributable to the Wind Power Project or activity located on the Owner's Property or on adjacent properties over and across the Owner's Property; and g. An easement for the right and privilege to permit the Wind Turbines located on adjacent properties to overhang a portion of the Owner's Property. 4. Easement Term. Operator shall have the right to use the Easements for a period of time ("New Initial Term") commencing on the Effective Date and ending thirty-five (35) years after the date when all of the Wind Turbines and other Improvements required for the Wind Power Project have been constructed and installed and the entire Wind Power Project has achieved the status of a commercially operable wind-powered electrical generation and transmission facility ("Commercial Operations Date"), subject to the rights of renewal and termination as provided in the Amended Agreement. Operator shall have the right to extend the Tenn of the Amended Agreement for one additional period of thirty-five (35) years in accordance with the terms and provisions of the Amended Agreement(the"Extended Easement Term") by providing written notice to Owner of Operator's intent to extend the New Initial Term not less than one (1) month and not more than one (1) year before the expiration of the New Initial Term. 5. Pi men.ts. On the Commencement Date, if it occurs, Section 4 of the Original Easement Agreement shall be replaced by Section 2 of the Amended Agreement. 6. Purpose. The terms, conditions and covenants of the Amended Agreement are incorporated herein by reference as though fully set forth herein. This Short Form does not supersede, modify, amend or otherwise change the terms, conditions or covenants of the Amended Agreement, and this Short Form shall not be used in interpreting the terms, conditions or covenants of the Amended Agreement. In the event of any conflict between this Short Form and the Amended Agreement,the Amended Agreement shall control. 3 . 16 Ac THIS PAGE INTENTIONALLY LEFT BLANK 16B EXHIBIT "Alt 7. Suceesson & Assians. The Owner's Property shall be held., conveyed, assigned, hypothecated, encumbered, leased, used and occupied subject to the covenants, terms and provisions set forth in herein and in the Amended Agreement, which covenants, terms and provisions shall run with Owner's Property and each portion thereof and interest therein, and shall be binding upon and inure to the benefit of the Parties and each other person and entity having any interest therein during their ownership thereof, and their respective lessees, heirs, executors,administrators,successors and assigns. 8. Counterparts. This Short Form may be executed in counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one and the same document. 4 EXHIBIT "A-a" IN WITNESS WHEREOF, Owner and Operator have caused this Short Form to be executed as of the date first written above. Owner: ay .R6sen hal,a/k/a Jay Henry Rosenthal, By Kenneth L.Rosen,his attorney-in-fact F J J AC O E NT STATE OF CALIFORNIA ) � ) ss. COUNTY OF ) On r J L- $ 2010, before me, r`�. F NS Notary Public, personally appeared KENNETH L. ROSEN, as attorney-in.-fact for JAY H. ROSENTHAL, a/k/al JAY HENRY ROSENTHAL who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature 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 my hand and official seal. Sign r (Seal) Signattm of otmy Pu lic Co minis on# 11�823400 Noto y public - calitornio Los Angeies County My Comm. Exptivs DeC 15;2012 J� EXHIBIT "All' Owner: fY)ay'0y Von cw—e G0nru CAs-c.k,-�t , 1.�.;s � -r _'n -4; Maximilian Cascante,by Corinne Cascante,his attorney-in--fact ACKNOWLEDGMLNT STATE OF CALIFORNIA ) ss. COUNTY OF ) On �OVNIVCX- , 2010, before me, J� L a Notary Public, personally appeared CORINNE CASCANTE, attorney-in-fast for MAXIMILIAN CASCANTE, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instnunent 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 d correct. WIT71t vial seal. CApq OTAFtY PURL IG RCN IFUHNN 2 �s Signature r-" (Seal) cow►.Exp.November VA 201a Sign o ---- 6 EXHIBIT "Al" Owner: t I°0 Al A•` �'f l/�L�"• /� (.J7/I P/In., Corinne Cascante as Custodian for Sarah Cascante ,min �� CL/T1�"1/�_ and Alexander Gregory Cascante,under California Uniform Transfers to Minors Act ACKNO IED MENT STATE OF CALIFORNIA ) ss. COUNTY OF ) On 109-,7*6 Cr- t 2010, before me, (244�4r.( �• Z', a Notary Public, personally appeared COR ,4NE CASCANTE, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature 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 d correct. WITNESS m d fficial seal. µp7A PUBIIA. FONIM MIS 0182401 Signature (Seal) C=.E.INIM1411,25.9012 Signature Notary Oublic 7 �. 20 EXHIBIT "A_su Owner: all Platt as Custodian for�Platt,Wa W Platt,under the California Uniform Transfers to Minors Act ACKN0WLEDGL4ENT STATE OF CALIFORNIA ) ss. COUNTY OF On AlcW¢ J bJ( 10 2010, before me, NA u e r� —, a Notary Public,personally appeared MARSIIALL PLATT who proved to m on a basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature 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 my hand and official seal. LUC NGUYEN COMM.#1895991 Signature (Seal} NOTARY PUBLIC•CALIFORNIA Si tore of N Public "� A(AME Xp COUNTY l Any Cp(rim.exp.Ju(y.18.2UtA ! O 21 EXHIBIT "A- 1'" . Owner: Elana*Rze x wife of Marshall Pla ACKNOWLEDGMENT STATE OF CALIFOFMA ) ss. COUNTY OF At qwee—a,� ) On 00tKmb-W 1 , 2010, before me, Lua� LJ I -eA a Notary Public, personally appeared ELANA , ho proved to me on a basis of satisfactory evidence to be the person whose Henze i subscribed to the within i�rument and acknowledged to me that she executed the same in her uthorized capacity, and that by her signature on the instrument the person, or the entity upo behalf of which the person acted, executed the instrument. ��j N t 0 I certify under PENALTY OF PERJURY under the laws of the S ate of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. I.UC�NaUYEN COMM.# 1895991 RY PUBLIC-CALIF Signature (Seal) NUTAAWr1bA COUNTYDRPIIA m sipatuu a of Notary 1 My Comm Exp.July.18.2094 EXHISIT 4A- 1� v. GOVERNMENT CODE 27361.7 1 certify under penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary rJ k l L /V C r aC7 r Notary Identification Number 0 17 Vender Identification Number N 1A County Where Bond Is Filed R4 t--/`i L7 L- R 11)A Date Commission Exp „OcT, 1 012 _ Place of Execution N E R3 1 D E SPL, Inc.as agent DATE: /a Signature State of California ) County of ) On before me, personally appeared, who proved to me 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 hislher/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 I CERTIFY UNDER PENALTY OF PERJURY THAT THIS MATERIAL IS A TRUE COPY OF THE ORIGINAL MATERIAL CONTAINED IN THE DOCUMENT: Place of Execution SPL, Inc. as agent DATE: Signature Revised 9/6t06 R.t DR 001 2 Penalties in 1—RI t: 23 EXHOI ""A_1" EX�B�'�'rrAn pgjgiRtion of pmerlaProperty THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF; EXCEPT THE WEST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; ALSO EXCEPT THE NORTHERLY RECTANGULAR 55.00 FEET, CONVEYED TO COUNTY OF RIVERSIDE BY DEED RECORDED TUNE 9, 1964 AS INSTRUMENT NO. 70666 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,CALIFORNIA; ALSO EXCEPT THAT PORTION CONVEYED TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RECORDED AUGUST 31, 1967 AS INSTRUMENT NO. 76476 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 11 �. 24 EXHISI uA_'u Operator Windpower Partners 1993,L.P. a Delaware limited partnership By: FPL Energy WPP 93,GP, LLC, General Partner By: C is A. Tindell,Vi resident AC10OWLEDGWNT STATE OF FLORIDA ) ss. COUNTY OF PALM BEACH ) On .b c-V 'J 2010, before me, 44a n 2h(MW a. notary public, personally appeared CYNTHIA A. TINDELL, who pro ed to me on the basis of satisfactory evidence to be the person whose Marne is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized: capacity, and that by her signature on the instrument 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 my hand and official seal. Notary Pu lic in and for said State MARNA tto v Pubut-sw W FlorNfa f% vows . Oamm gyp* Oat 19,gOtx Comm �F pi!�89l789 Boodad ttan�Ilttlamt Naa�►Aua. 14 FEMBIT "AIII STATEOP CPVNFC Y/PAAISH OF • :KNT OW ALL t NBT THESE the full'nge cafmajortiy ByIGl a reS®r IdCr1t' : .' nP d r ti apppjrk a•he •�Y ca nstituCe an t r .. _ a perxnn Qf the full age_ 1 IDT 3`.�ray rd.C.and lawful Attorney=rtrF for nae,'and in my rune, place and:.stead,to conduct;.rnai�e pbd:trartsact'al! and smoO.,nxy.effa�rs;lius�ness„concerzts at�d naatters::of what vet nature or:A-gi. °w�tl�Ai►t any �iiceepttori or reservatiari whatsoever to apett all:: lctteis of cvrrs ndnre addressed to:rnc and to•arrs�yer tip same to tial�e all bazticirig Fransi}t tio►is'iticlt�dig opening P� sn alasing•acCour�ts as well aS clefts and Vuithdra�Frals!ftom saiizie; hd'p peraYly to do end perform atl�rrd: every:t►tlier act,:.nxatter arid:th�rig,witaisoever, as dial! �ni'•txy tte requisite Arid necisary, foacliiry;.or, canternmg aiy atlsirs,lusinc'ss csr,asts a�fully;cotzSpletefy a ectually,and is ai!intelts ar�d purposes with:tha same..val�dity, as rf a!l ,:ev Ky•such act, mgttq q thing,.werc ar dad. eri:psrtrcularly stated, :.• expressed, ded,far,qr as l couid ar►nlg da;"rFpexsQr+ally present,a1sQ with fait ppu+er of.sulit{t�ttya an�3 vacation, iyd.Z. ere�y agree xo.iatify and.conftim atl andhaaever rrey; xd a shall`iawfplly:door cause.to:be done by rrittue n this actof procurattan .l #urtha �v and grant unto:xny . said•Attorney- _jRict;full.OoW rr arid.authbi ty to sign ill pap�rS,:deeds end docuiftents;-to jssue atl rOPOP s grid is da all acfs iiecessaiy;anii.prnp�r to accoitiplish and!and all:of tha:duties hcriabcive sp0c� ed, the sarna validity 1 rni t myself'da,were 1 pworudlypresentand arcing far riiyseif,:.and I herby ratify and.conftim do by virtue;af this power.Ttais agency l�"durably'°and shali not lae deemarl revolrecl by niy`disab�lrty or incapactty :por sliaylE.tlus agencsy be deeaned reQkod by the: .passago d, hum THIS DONE A1JD PASSFD,an this day df 1 ztl rn the tsr sense of the:: undersigned cnrii tent xirtassrs who have hc�mkito's' 'ed their umes• with ap;saner and rrte i`lotary,after due reaiiing of the who 1�itnesses: ., ...:�....,� sUP-44Astx > cvs s iti 3 .ems: Notary l�ubltc .r�bC..�2a1�x,7' Siisti Ko :r . Sae:Hasse r: . :,. cep ria� r sta "c` w 99. P��OlifhO � Y��i,be ,• � .. } !q 1ulF�1CI�Ct1A �kaent srd. EXHIBIT "A-V DOC # 2010-0621073 12/28/2010 03:29P Fee:36.00 Page 1 of 8 Recorded in Official Records RECORDING RWUESTED BY: County of Riverside Larry W. Ward Assessor, County +rClark lt& Recorder CHICAGO fI i LE COMPANY I IIIIII IIIIIMI I�III IIIII iill�I�II IIII�I III��III III I��) WHEN RECORDED MAIL TO: Alene S. Egol,Esq. S R U P E SIZE DA MISC LONG2NCHG NextEra Energy Resources, LLC 700 Universe Boulevard(LAW/JB) Juno Beach,Florida 33408 M A L 465 426 PCOR NCOR SMF T: CTY Assessor's Parcel Number: 668280016 668280017 668 80007 IT I SHORT FORM OF WIffR FARM EASEMENT AGREEMENT 013 THIS SHORT FORM OF WIND FARM EASEMENT AGREEMENT (this "Short Form"), is made and entered into as of hc_c & , 2010 (the "Effective Date"), by and between David G. Buck,as Trustee of the David G. Buck Revocable Living;Trust,whose address for notices is: 10580 N. McCarran Blvd., Suite 115-541, Reno, NV 89503 (the "Owner"), and Windpower Partners 1993, L.P., a Delaware limited partnership, whose address for notices is: 700 Universe Blvd., Juno Beach, Florida 33408 ("Operator"), with reference to the following recitals. A. WHEREAS, Owner entered into that certain Grant of Easement and Easement Agreement ("Original Easement Agreement") dated as of March 26, 1993 with Kennetech Wind Power, Inc., ("KWI') formerly known as U.S. Wind Power, Inc., the predecessor in interest to Operator. A Short Form of said Easement Agreement was recorded in the Office of the Public Records of Riverside County, California on May 3, 1993 as Instrument Number: 164356, as corrected by a correction to the Short Form of said Easement Agreement recorded December 28, 1993, as Instrument No. 517708. An Amendment to said Easement Agreement was recorded February 22, 1994, as Instrument No. 74200 in the Office of Public Records of Riverside County, California. The Easement Agreement granted KWI wind easements and related rights on, over, along and under the property as described on Exhibit A ("Owner's Property")attached hereto and made a part hereof. B. WHEREAS, KWI's rights were thereafter assigned to Operator by that certain Assumption and Assignment dated as of April 7, 1999 recorded in the Office of Public Records of Riverside County,California on April 8, 1999 as Instrument Number: 99-1.48075. C. WHEREAS, Operator is also the holder of certain subeasement and sublease rights pursuant to that certain Subeasement and Sublease Agreement between KWI and Operator dated as of April 1, 1994 recorded in the Office of the Public Records of Riverside County, California on April 15, 1994 as Instrument Number: 158459. D. WHEREAS, Owner and Operator have entered into that Wind Farm Easement 1 EXHIBITOA_2u Agreement ("WF Easement Agreement") in order to amend and replace the terms and provisions of the Original Easement Agreement, as well as to provide for decommissioning of Operator's existing facilities and replacing same with new facilities on a Portion of the Owner's Property more particularly described in Exhibit B attached hereto and made a part hereof "Operator Property") E. WHEREAS, Owner and Operator desire to execute, deliver and record this Short Form for the purpose of putting all persons on notice of Operator's right, title and interest in the Owner's Property pursuant to the terms of the WF Easement Agreement. NOW, THEREFORE, for good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, Owner and Operator do hereby state, declare and establish as follows: 1. Defined Terms. All capitalized terms used herein and not otherwise defined shall have the meaning given such terms in the WF Easement Agreement and the terms, covenants and conditions of the WF Easement Agreement are incorporated herein by reference with the same force and effect as though fully set forth herein. 2. Decommissioning Notice. Operator shall have a period total of two (2) years following the Effective Date of the WF Easement Agreement to deliver a Decommissioning Notice to Owner. The Decommissioning Notice shall specify the date that Operator will begin construction of the Wind Power Project("Commencement Date"), which Commencement Date shall be a day that is the first day of a month not later than sixty (60) days after the date the Decommissioning Notice is given to Owner. If Operator does not timely deliver and record in the Official Records of Riverside County, California, the Decommissioning Notice within two (2) years of the Effective Date, or at the end of a mutually agreed to extension of same by the parties, the WF Easement Agreement and the Easements referenced in Section 3 of this Short Form shall automatically terminate and be of no further force or effect, and the Original Easement Agreement shall continue to remain in full force and effect and govern the relationship of the Parties. 3. Easements. The following easements (collectively, the "Easements") are granted hereby and by the WF Easement Agreement to Operator. The purpose and scope of the Easements are more particularly described in the WF Easement Agreement. Such Easements are irrevocable, and, with the exception of the Access Easement, overhang easement and Effects Easement, are for the exclusive use and benefit of Operator, and burden all or a portion of Owner's Property: a. An easement to construct, operate and maintain Wind Turbines and Collection and Transmission Facilities, together with associated roads and parking areas on each Wind Turbine site; b. An easement for unobstructed vehicular and pedestrian ingress to and egress from the Improvements; C. An easement for the construction, installation, operation, maintenance, 2 2$ E, HI IT KA� -err use,repair,replacement,relocation and removal of Collection and Transmission Facilities on and under the Owner's Property; d. An easement for purposes of constructing, maintaining, repairing, replacing and removing all or any part or element of the Improvements; e. An easement for the right and privilege to use, maintain and capture the free and unobstructed flow of wind currents over and across the Owner's Property; f An easement for the right and privilege to generate sound, visual, view, light,flicker,noise,shadow, vibration,air turbulence,wake,electromagnetic,electrical and radio frequency interference, and any other effects attributable to the Wind Power Project or activity located on the Owner's Property or on adjacent properties over and across the Owner's Property; and g. An easement for the right and privilege to permit the Wind Turbines located on adjacent properties to overhang a portion of the Owner's Property. 4. Easement Term. Operator shall have the right to use the Easements for a period of time ("the Term') commencing on the Effective Date and ending thirty-four (34) years and eleven(11)months thereafter. The Operating Period is defined as follows: the initial Operating Period shall begin on the Effective Date and continue for fifteen (15) years; there will be three (3) Term Extension Options to extend the Term for an additional five (5)years each with a final Term Extension Option to extend the Term for an additional four (4) years and eleven (11) months. The maximum Term and Operating Period of the WF Easement Agreement will not exceed thirty-four(34)years and eleven(11)months from the Effective Date. S. Payments. On the Commencement Date, if it occurs, Section.4 of the Original Easement Agreement shall be replaced by Section 2 of the WF Easement Agreement. 6. Purpose. The terms, conditions and covenants of the WF Easement Agreement are incorporated herein by reference as though fully set forth herein. This Short Form does not supersede, modify, amend or otherwise change the terms, conditions or covenants of the WF Easement Agreement, and this Short Form shall not be used in interpreting the terms, conditions or covenants of the WF Easement Agreement. In the event of any conflict between this Short Form and the WF Easement Agreement,the WF Easement Agreement shall control. 7. Successors & Assigns. The Owner's Property shall be held, conveyed, assigned, hypothecated, encumbered, leased, used and occupied subject to the covenants, terms and provisions set forth in herein and in the WF Easement Agreement, which covenants, terms and provisions shall run with Owner's Property and each portion thereof and interest therein, and shall be binding upon and inure to the benefit of the Parties and each other person and entity having any interest therein during their ownership thereof, and their respective lessees, heirs, executors, administrators, successors and assigns. S. Couuterparts. This Short Form may be executed in counterparts, each of which 3 29 =WBIT- hA_2rr shall be deemed an original and all of which when taken together shall constitute one and he same document. 4 30 EXHIBIT 1*21' IN V41NESS WHEREOF, Owner and Operator have caused this Short Form to be executed as of the date first written above. Owner: David G.Buck,as Trustee of the David G.Buck Revocable Living Trust AQaQMjE—D—GMNT STATE OF CALIFORNIA ) ss. COUNTY OF F=1 vee-5 i 0 E ) On 6 2010, before me, . L a Notary Public -C. , personally appeared David G. Buck, as Trustee, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature 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. KRISTIE YELLEN WITNESS m hand and official seal. a" commission# 187888ti y z • Notary public-California Riverside County M Comm.Expires Feb 1,2014 w Signature (Seal.) Signature of Public ...................... 5 31 EXHIBIT "A-2" Operator Windpower Partners 1993, L.P. a Delaware limited partnership By: FPL Energy WPP 93,GP,LLC, GeneralV er BY yn .a indell,Vice President ACKNOWLEDGMENT' STATE OF FLORIDA ) ss, COUNTY OF PALM BEACH ) On D-.0 !C , 2010, before me, MCI v 4w Z.2Zzw5; a notary public, personally appeared Cynthia A. Tindell, who proved to me & the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument 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 Florida that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Publ iii-ana for said State . MARL yN 9.THOW Mmy pwft-we of fm w *Comm►.Eqk"Oct 19,2012 C"M1$810e 0 OD M2E9 804M Um*NOmM Mawr Asia. 6 3 ? OUNIM"IBIT "A-2l' EXHIB Tom!', Desidi2goo of Owner's roperty THAT PORTION OF THE WESTERLY 2,929.00 FEET OF SECTION 9; TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING SOUTHERLY OF THE SOUTHERLY LINE OF DILLON ROAD AS DESCRIBED IN DEEDS TO THE COUNTY OF RIVERSIDE,RECORDED JUKE 9, 1964 IN BOOK 3715 PAGE 470 AS INSTRUMENT NO. 70659 AND JUNE 8, 1966 AS INSTRUMENT NO. 59449 BOTH OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,.CALIFORNIA; EXCEPT THAT PORTION CONVEYED TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT BY DEED RECORDED SEPTEMBER 14, 1967 AS INSTRUMENT NO.80550 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,CALIFORNIA; SAID LAND IS INCLUDED WITHIN THE AREA OF MAP ON FILE IN BOOK 41 PAGE 70 OF RECORDS OF SURVEY,RECORDS OF RIVERSIDE COUNTY,CALIFORNIA. 7 33 f IT "A-2" HOLDING VAGE FOR KNMIT " " Op.m or Eroperty Depiction of Facili es Strips.; CoRectiou and Trousmission Eaeftes n Fa ilities Maintenance Area 2a Owages be described_by al-built salve aftear commercial operations date) oo VANOMT • .�, Cae eu� '"^5jt�(dpC^�'CI"ffi r� .. .iti�51 7a.6 1 r • .-� .. ` ,�i 3 �,• ..'`fog•- � .� _ _..� �� t r1 .. �•. � t i .. .�, Yf., ;ern 4:11 WW .... .... ...... �+ �-••.,nw. _ �tom.-,.._.__-..�.w� r. sups i T N . f extEra Enorgy Resources L"end Palm Springs Repower a :Mpnw Turbine Riverside County, California Tranwissian EaseNner-te t25-4 Wde:- Site Facilitle?s Strips December 1,201 D 1-era ENERGY A I A.-,- I:rt]„a3v w�sS-ISY �=drLH5 - :tJFCt'li:=a'1 34 rEX I IT "A_3" Doc # 2010--0609700 12/20/2020 03:31P Fee:36.00 Pape 1 of 8 Recorded in Official Records County of Riverside Larry W. Ward RECORDING REQUESTED BY AND Assessor, County Clerk $ Recorder ° WHEN RECORDED RETURN TO: I IN 1111111111 IN 11111111111111111111111111111111 Alene S.Egol,Esq. NextEra Energy Resources,LLC R U P E SIZE DA I M180 I LONG RFD COPY 700 Universe Boulevard(LAW/JB) Juno Beach,Florida 33408 A L 465 4211 jPCOR NCOR SMF NGHG(Space above this line for Recorders ud"e only) CTY uNl AP Assessor Parcel Numbers: 668-400-008 and 668411-010 MEMORANDUM OF GRANT OF WINDPARK EASEMENT AND EASEMENT AGREEMENT THIS MEMORANDUM OF GRANT OF WINDPARK EASEMENT AND EASEMENT AGREEMENT("Memorandum")is made and entered into as of November 19, 2010, by and between WINTEC ENERGY,LTD.,a California corporation,on one hand("Owner"),and Windpower Partners 1993, L.P.,a Delaware limited partnership,on the other(`Grantee"). WHEREAS: A. Owner owns certain property located in Riverside County,California,as more particularly described in ib"t A attached hereto and made a part hereof(the"Property"). B. The parties have entered into a Grant of Windpark Easement and Easement Agreement(the "Agreement")which by its terms grants to Grantee an exclusive wind and windpower facilities easement interest in a portion of the Property which is more particularly described its Exhibit B-Iattached hereto and incorporated by this reference,as well as nonexclusive easements for transmission Panes more particularly shown on Exhibit B-2 attached hereto and made a part hereof,together with non-exclusive easements for access over certain portions of the Property,and C. The parties desire to enter into this Memorandum of Easement which is to be recorded in order that third parties may have notice of the interest of the Owner and Grantee in the Property and of the existence of the easements set forth in the Agreement. D. The Term of the easements and rights granted shall commence on the Effective Date and continue for twenty(20)years after the date the first Turbine is commissioned and available to generate power from the Property. Grantee has two(2)options to extend the Term each for five(5)years,and a final option to extend for four(4)years and eleven(11)months. NOW, THEREFORE, in consideration of the rents and covenants provided in the Agreement to be paid and performed by Grantee, Grantor hereby grants to Grantee (i) those certain exclusive and non-exclusive easements in, on and across the Property, all on the terms and conditions set forth in the Agreement. All of the terms, conditions,provisions and covenants of the Agreement are hereby incorporated into this Memorandum of Easement by reference as though fully set forth herein, and the Agreement and this Memorandum of Easement shall be deemed to constitute a single instrument or document. Capitalized terms used herein are given the same meaning as set forth in the Agreement. Should there be any inconsistency between the terms of this Memorandum of Easement and the Agreement, the terms of the Agreement shall prevail. The burdens of the easements and rights contained in this Agreement shall run with and against the Property and shall be a charge and burden thereon for the duration of this Agreement and shall be binding upon and against Owner and its successors, assigns, permittees, licensees, lessees, employees, and agents. The easements shall inure to the benefit of Grantee and its successors, assigns,permittees, licensees, lessees,employees and agents. This Memorandum may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 3 �XrI I8 IT,'"A 311 IN WITNESS WHEREOF,the parties have executed this Memorandum of Easement as of the date set forth above. "OWNER'" WINTEC ENERGY,LTD., a California corporation fly. V`r Name: Title- "GRANTEE" WINDPOWER PARTNERS 1993,L.P., a Delaware limited partnership By FPL Energy WPP 93,GP,LLC, Its General Partner By: Name: Title: .............. . [Signature Page to Memorandum of Easement(Triad)] 3C ffLj EXHIBIT "A�-Y IN WITNESS WHEREOF,the parties have executed this Memorandum of Easement as of the date set forth above. "OWNER" WTNTEC ENERGY,LTD., a California corporation By: Nance: Title: "GRANTEE„ WINDPOWER PARTNERS 1993,L.P., a Delaware limited partnership By FPL Enemy WPP 93,GP,LLC, Its General Partner By: Name: Title: Mali R. Gosselin Vice President [Signature Page to Memorandum of Easement(Triad)] 37 EXHIBIT '',A- 311 ACKNOWLEDGIyI-)ENTS STATE OF CALIFORNIA ) COUNTY OF V.,O S AWC-MLAE55 On Nov uv%tier 19 2010, before me, Cry�oC�lt� , a Notary Public, personally appeared Fr :l+rarjlc.k _W_�1_Ii f`la , who proved to me on the basis of satisfactory evidence to be the person$whose name is subscribed to the within instrument and acknowledged to me that thet executed the same in their authorized capacities, and that by their signatures 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. WITNES my hand and official seal. ' GREt ORY A. GODWIN a �co 875571 N My l ll, clam Signature (Seal) S gnature otary Public STATE OF FLORIDA ) ss. COUNTY OF PALM BEACH ) On 2010, before me, a notary public, personally appeared _ Windpower Partners 1993, L.P., a Delaware limited partnership,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument 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 Florida that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public in and for said State [Acknowledgement Page to Memorandum of Easement(Triad)] 38 EXHIBIT "A-311 AC STATE OF CALIFORNIA ) ss. COUNTY OF ) On 2010, before me, a Notary Public, personally appeared Wintec Energy, Ltd., a California corporation,who proved to me on the basis of satisfactory evidence to be the persons whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures 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 my hand and official seal_ Signature (Seal) Signature ofNotary Public STATE OF FLORIDA ) ss. COUNTY OF PALM BEACH ) On doveintmr2010 before me, rnoU a notary public, personally appeared , CA Q. ' n i V dpower Partners 1993, L.P., a Delaware limited partnership,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument 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 Florida that the foregoing paragraph is true and correct. WITNESS my hand and rcial seal. NOTARY PTJ131 IC-STATE OF FWWDA Nancy E. Llama. g Comtnlsslon#DA708396 Notary Pub in and for said State , r Expires: NOV 14, 96 „.••' 11 aanq L1�,n„a, aotvnEnrbannru+trrtEaaxurxaca,rxa [Acknowledgement Wage to Memorandum of Easement(Triad)] 39 'EANST "A -Y Exhibit A LEGAL DESCRIPTION OF THE PROPERTY The land is situated in the State of California,County of Riverside and is described as: THOSE PORTIONS OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 16,TOWNSHIP 3 SOUTH,RANGE 4 EAST,SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF,LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE LAND DESCRIBED BY DEED TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,RECORDED APRIL 22, 1969 AS INSTRUMENT NO. 39294,OFFICIAL RECORDS,AND LYING NORTHERLY OF THE NORTHERLY LINE OF THE LAND DESCRIBED BY DEED TO THE STATE OF CALIFORNIA,RECORDED JULY 19, 1950 AS INSTRUMENT NO.2417,IN BOOK 1190 PAGE 266,ALL OFFICIAL RECORDS. EXCEPT THOSE PORTIONS DESCRIBED BY DEED TO THE COUNTY OF RIVERSIDE RECORDED OCTOBER 3, 1984 AS INSTRUMENT NO.215049 AND RE-RECORDED DECEMBER 16, 1986 AS INSTRUMENT NO.258059,OFFICIAL RECORDS. ALSO EXCEPT ALL URANIUM,THORIUM AND OTHER FISSIONABLE MATERIALS,ALL OIL, GAS,PETROLEUM,ASPHALTUM AND OTHER HYDROCARBON SUBSTANCES AND OTHER MINERALS AND MINERAL ORES OF EVERY KIND AND CHARACTER,WHETHER SIMILAR TO THESE HEREIN SPECIFIED OR NOT,WITHIN OR UNDERLYING,OR WHICH MAY BE PRODUCED FROM SAID LAND,TOGETHER WITH THE RIGHT TO USE THAT PORTION ONLY OF SAID LAND WHICH UNDERLIES A PLANE PARALLEL TO AND 500.00 FEET BELOW THE PRESENT SURFACE OF SAID LAND FOR THE PURPOSE OF PROSPECTING FOR,DEVELOPING AND/OR EXTRACTING SAID URANIUM,THORIUM AND OTHER FISSIONABLE MATERIALS, OIL,GAS,PETROLEUM,ASPHALTUM AND OTHER MINERAL OR HYDROCARBON SUBSTANCES FROM SAID LAND AS EXCEPTED BY SOUTHERN SURPLUS REALTY CO.BY GRANT DEED RECORDED JUNE 28, 1982 AS INSTRUMENT NO. 110207,OFFICIAL RECORDS, The APN numbers provided by Riverside County as of November 2010 for the two parcels detailed above are: 668-400-008 and 668-411-010 40 Er"DAHIBIT "A_311 EXHIBIT"B-I" DESCRIPTION OF THE FACILITIES STRIPS:(marked as the"Facilities Strips"in the.diagram below) 11 WSf9N CO r h�,• Asey VW r �,:z--r•7���ti i �N i n.r P j .. W0 ti ( 1 $l0�sta60r1 '4' '1•" 'l F .'t. i, }, y � rf �[•,.. •w 'i-i� 1 1 1, r J' 'r �'' Jf 3 ~l ft .157dt .o�i P t4a dnjy 505. j Kpfemn d • NextEra Energy Resources Legend Pillm Springs Repower Riverside County,California Proposed"turbine Site Facilities Strips a `; Transmission Easement(25-ft wide) November 16,2010 Facility Strip NEXTera ":. Contour'(5-it index) h R 0 Feel j Contour(14t) CIM '�'"'� Distances1.4,400 l� MOURo®s *,� NAU W1SlsteR— Q Parcel tine [This Exhibit shall be replaced in accordance with Section 2.7 of the Agreement,] 41 EAVIB1T "A-3" EXHIBIT"B-2" DESCRIPTION OF TI-TE TRANSMISSION FACILITIES AREAS:(marked as the"Transmission Easement" in the diagram below) All CAWFORMMOMOD Ni r r gym: uL A4 ti. J \ e.a157 r �t t• °� i 7 �j 9U ISO r 1M4L W NMZING r r F -�a glA aloQrl WT� . ry 1-0!)g3 1 .�. orPropOedd doh' .,r t5art •T"(hed C s �b i c '�' :� •, � � ,��ligs"ti h frgrl Ka[en ti «� t � '� y rh�'4Vir� �A ✓r r hf� 1 J NextEra Energy Resources Legend Palm Springs Repower Riverside County,California a Proposed Turbine Site Facilities Strips [ Transmission Easement(25-ftwide) November 15.2010 Facility Strip .�Contour(5-ft index) �'° a Feet and Contour 14 -y *-�► Distances t;a,4gt1 Parcel Line A......... ft4a'498. Ste6pWenC � CdG'Cfllfq VI (This Exhibit shall be replaced in accordance with Section 2.7 of the Agreement.) CPAM:33a6s13.1 4 LcXHIF31T "A,-41# DOG # 2011-0077218 02/18/2011 08:00A Fee:30.00 Page 1 of s RECORDING RE UESTE Y: Recorded in Official Records County of Riverside Larry W. Ward Assessolr,I County cClerkf& Recorder I IIIIII�IIIIII IIIII 1��IIIII Ilrll IIIIIII III IIIII III IIII WHEN RECORDED MAIL O: Alene S.Egol,Esq. ffM JAL PAGE SIZE DA MrsC LONG RFD Copy NextEra Energy Resources,LLC 700 Universe Boulevard(LAW/JB) 465 426 pCpR NCOR sMF NCHG Juno Beach,Florida 33408 T: CTY uNl D Assessor's Parcel Number: 668-280-01.9-4 HORT FORM O t N ED WIND FARM EASEMENT AGREEMEN 026 THIS SHORT FORM OF AMENDED WIND FARM EASEMENT AGREEMENT (this "Short Form"), is made and entered into as of J c I I 2010 (the "Effective Date"), by and between George Ivanov, a married man as his sole and separate property,whose address for notices is: 4725 Moorpark Way, Sacramento, CA 95842 (the "Owner"), and Windpower .Partners 1993, L.P., a Delaware limited partnership, whose address for notices is: 700 Universe Blvd.., Juno Beach, Florida 33408 ("Operator"), with reference to the following recitals. A. WHEREAS, Owner entered into that certain Grant of Easement and Easement Agreement ("Original Easement Agreement") dated April 23, 1993 with Kennetech Wind Power, Inc., ("KWI") formerly known as U.S. Wind Power, Inc., the predecessor in interest to. Operator. A Short Norm of said Easement Agreement was recorded in the Office of the Public Records of Riverside County, California on May 3, 1993 as Instrument Number: 164351. The Easement Agreement granted KWI wind easements and related rights on, over, along and under the property as described on Exhibit A ("Owner's Property") attached hereto and made a part hereof. B. WHEREAS, KWI's rights were thereafter assigned to Operator by that certain Assumption and Assignment dated as of April 7, 1999 recorded in the Office of Public Records of Riverside County,California on April 8, 1999 as Instrument Number: 99-148069, C. WHEREAS, Operator is also the holder of certain subeasement and sublease rights pursuant to that certain Subeasement and Sublease Agreement between KWI and Operator dated as of April 1, 1994 recorded in the Office of the Public Records of Riverside County, California on April 15, 1994 as Instrument Number: 158459. D. WHEREAS, Owner and Operator have entered into that Amended Wind Farm Easement Agreement ("Amended Agreement") in order to amend and replace the terms and provisions of the Original Easement Agreement, as well as to provide for decommissioning of Operator's existing facilities. 1 43 EXHIBIT "A-4" This must be in red to be a "CERTIFIED COPY" I hereby certify the foregoing instrument to whicF�this stamp has been affixed consisting 13TY C1 of-- ,pages to be a full,true and G� ��d' correct copy of the original on file and 4 �� of record in my office. r 0 4 Assessor-County Clerk:Recorder 1p County of Riverside,State of California '�.►' O� r4F�bvlrrt-Y.C1, Dated: k , Certification must be in red to be a "CERTIFIED COPY" 4�� L;;AFIIDI i h" `I EXHLBIT"A" Descringon of Owpor'l EmLril PARCEL 2 OF PARCEL MAP 11456,AS SHOWN BY MAP ON FILE IN BOOK 55 PAGES 27 AND 28 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, TOGETHER WITH LETTERED LOT "F" AS VACATED BY RESOLUTION RECORDED NOVEMBER 27, 1984 AS INSTRUMENT NO. 254163 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,CALIFORNIA. a q is i i t} t 45 EXHIBIT "A- ,f Operator Windpower Partners 1993,L.P. a Delaware limited partnership By: FPL Energy WPP 93, GP,LLC, General Partner Bye, h Cyn 1 .Tinde1r s3ident ACKNOW EDGMENT STATE OF FLORIDA ) ss. COUNTY OF PALM BEACH ) On '�IltLy , 2010, before me, dA* -1.t I,(L, a notary public, personally appeared Cynthia A. Tindell, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument 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 °- i�a that the foregoing paragraph is true and correct. WITNESS my hand and icial seal. Notary blic in and for said State ftTARY MUC-STATE 0_F'PWRWA -..; r .Nancy, E. Llama I e c''i=e-ninission#DD7'006 F' J Loins: NOV 14,2011 u tiQlJlil7J Y7tR1i1177at�'ILCBOT�OI�flL+fAy1� V 46 EXHIBIT "A-4" IN WMPSS Wl<IMWOk; Owner and-Opemtor have caused-this Short Fomn to be excouted-as of the date first written above. owner. George I ov,a married man as his sole and separate property 4 r STATE OF OALIFO A COVNTY,O 3,.0mme,6 j ss. � � 1.1it' GZ�. .�I�.( .a Notary t9 3, z01�0, before tee, -- , Public, personally appeared George Ivanov, who proved to on the basis of satisfactory -evidence to be the person whose name is subscribed-to the within instrument-and-acknowledged to nic that he executed the same in his authorized capacity, and'that by his signature on the instrument the person, or the -entity upon behalf--of-which the -person noted,exeauted' the instrument. l ocWfy under PENALTY OF PERJURY under the laws-of the State-of California that the foregoing paragraph is true and correct. W-ITNESS-my hand-and'-official seal. #�� HOMLLY MACKEM MIE 20 Sign {Sealj �.� °�. ^SipatePublic 4 47 EXHIBIT 11A41 f. An easement for the right and privilege to generate sound, visual, view, light,flicker,noise, shadow,vibration,air turbulence,wake,electromagnetic,electrical and radio frequency interference, and any other effects attributable to the Wind Power Project or activity located on the Owner's Property or on adjacent properties over and across the Owner's Property; and g. An easement for the right and privilege to permit the Wind Turbines located on adjacent properties to overhang a portion of the Owner's Property. 4. Easement Term. Operator shall have the right to use the Easements for a period of time ("New Initial Term") commencing on the Effective Date and ending thirty-five (35) years after the date when all of the Wind Turbines and other improvements required for the Wind Power Project have been constructed and installed and the entire Wind Power Project has achieved the status of a commercially operable wind-powered electrical generation and transmission facility ("Commercial Operations Date"), subject to the rights of renewal and termination as provided in the Amended Agreement. Operator shall have the right to extend the Term of the Amended. Agreement for one additional period of thirty-five (35) years in accordance with the terms and provisions of the Amended Agreement(the"Extended Easement Term") by providing written notice to Owner of Operator's intent to extend the New Initial Term not less than one (1) month and not more than one (1) year before the expiration of the New Initial Term. S. Payments. On the Commencement Date, if it occurs, Section 4 of the Original Easement Agreement shall be replaced by Section 2 of the Amended Agreement. 6. Pub. The terms, conditions and covenants of the Amended Agreement are incorporated herein by reference as though fully set forth herein. This Short Form does not supersede, modify, amend or otherwise change the terms, conditions or covenants of the Amended Agreement,and this Short Form shall not be used in interpreting the terms,conditions or covenants of the Amended Agreement. In the event of any conflict between this Short Form and the Amended Agreement,the Amended Agreement shall control. 7. Successors & Assigns. The Owner's Property shall be held, conveyed, assigned, hypothecated, encumbered, leased, used and occupied subject to the covenants, terms and provisions set forth in herein and in the Amended Agreement, which covenants, terms and provisions shall run with Owner's Property and each portion thereof and interest therein, and shall be binding upon and inure to the benefit of the Parties and each other person and entity having any interest therein during their ownership thereof, and their.respective lessees, heirs, executors,administrators,successors and assigns- 8. Counterparts. This Short Form may be executed in counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one and the same document. 3 48 of EXHIBIT "A- 4 E. WHEREAS, Owner and Operator desire to execute, deliver and record this Short Form for the purpose of putting all persons on notice of Operator's right, title and interest in the Owner's Property pursuant to the terms of the Amended Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and Operator do hereby state, declare and establish as follows: 1. Defined Terms. All capitalized terms used herein and not otherwise defined shall have.the meaning given such terms in the Amended Agreement and the terms, covenants and conditions of the Amended Agreement are incorporated herein by reference with the same force and effect as though fully set forth herein. 2. Decommissioning Notice. Operator shall have a period of five years following the Effective Date of the Amended Agreement to deliver a Decommissioning Notice to Owner. The Decommissioning Notice shall specify the date that Operator will begin work on the Wind Power Project ("Commencement Date"), which Commencement Date shall be a day that is the first day of a month not later than sixty(60) days after the date the Decommissioning Notice is given to Owner. If Operator does not timely deliver the Decommissioning Notice, then on the fifth anniversary of the Effective Date of the Amended Agreement,the Amended Agreement and the Easements referenced in Section 3 of this Short Form shall automatically terminate and be of no f irther force or effect,and the Original Easement Agreement shall remain in effect. 3. Easements. The following easements (collectively, the "Easements") are granted hereby and by the Amended Agreement to Operator. The purpose and scope of the Easements are more particularly described in the Amended Agreement. Such Easements are irrevocable, and, with the exception of the Access Easement, overhang easement and Effects Easement, are for the exclusive use and benefit of Operator, and burden all or a portion of Owner's Property: a. An easement to construct, operate and maintain Wind Turbines and Collection and Transmission Facilities,together with associated roads and parking areas on each Wind Turbine site; b. An easement for unobstructed vehicular and pedestrian ingress to and egress from the Improvements; C. An easement for the construction, installation, operation, maintenance, use, repair,replacement,relocation and removal of Collection and Transmission Facilities on and under the;Owner's Property; d. An easement for purposes of constructing, maintaining, repairing, replacing and removing all or any part or element of the Improvements; e. An easement for the right and privilege to use, maintain and capture the free and unobstructed flow of wind currents over and across the Owner's Property; 2 49 HIS IT ",A"5M DOC # 2010-0609699 12/20/2010 03:31P Feei30.00 Page 1 of B Recorded in Official Records County of Riverside RECORDING RE Y: Larry W. Ward Assessor, County Clerk 8 Recorder Illili IIIIIII III IN 111111111111111111111111111111111 WHEN RECORDED MAIL Alene S.Egol, Esq. S R U PAGE SIZE DA MISG LONG RFD COPY NextEra Energy Resources,LLC 700 Universe Boulevard(LAW/JB) A L 46B 426 PCOR NCOR SMF NCHG " Juno Beach,Florida 33408 r: cry uNI Assessor's Parcel Numbers: 668-400-004-0,668-400-005-1 and 668-411-009-9 SHORT FORM OF AMENDED WIND F EASEMENT AGREEMEME THIS SHORT FORM OF AMENDED WIND FARM EASEMENT AGREEMENT(this 30 "Short Form"), is made and entered into as of , 2010 (the "Effective Date"), by and between Chem Quest Corporation, a California corporation, whose address for notices is 15723 Kadota Street, Sylmar California 91342 (the "Owner'j, and Windpower Partners 1993,L.P., a Delaware limited partnership,whose address for notices is: 700 Universe Blvd.,Juno Beach,Florida 33408("Operator"),with reference to the following recitals. A. WHEREAS, Owner entered into that certain Grant of Easement and Easement Agreement("Original Easement Agreement")dated as of April 23, 1993 with Kennetech Wind Power, Inc., ("KWI") formerly known as U.S. Wind Power, Inc., the predecessor in interest to Operator. A Short Form of said Easement Agreement was recorded in the Office of the Public Records of Riverside County, California on May 3, 1993 as Instrument No.: 164357, re- recorded October 1, 1993 as Instrument No. 387240 and re-recorded December 28, 1993 as Instrument No. 517707. An Amendment to said Easement Agreement was recorded February 22, 1994, as Instrument No. 74200 in the Office of Public Records of Riverside County, California. The Easement Agreement granted KWI wind easements and related rights on, over, along and under the property as described on Exhibit A ("Owner's Property") attached hereto and made a part hereof. B. WHEREAS, KWI's rights were thereafter assigned to Operator by that certain Assumption and Assignment dated as of April 7, 1999 recorded in the Office of Public Records of Riverside County,California on April 8, 1999 as Instrument Number: 99-148067. . ........... . . C. WHEREAS, Operator is also the holder of certain subeasement and sublease rights pursuant to that certain Subeasement and Sublease Agreement between KWI and Operator dated as of April 1, 1994 recorded in the Office of the Public Records of Riverside County, California on April 15, 1994 as Instrument Number: 158459. D. WHEREAS, Owner and Operator have entered into that Amended Wind Farm Easement Agreement ("Amended Agreement") in order to amend and replace the terms and 1 50 provisions of the Original Easement Agreement, as well as to provide for decommissioning of Operator's existing facilities. E. WHEREAS, Owner and Operator desire to execute, deliver and record this Short Form for the purpose of putting all persons on notice of Operator's right,title and interest in the Owner's Property pursuant to the terms of the Amended Agreement. NOW,THEREFORE, for good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, Owner and Operator do hereby state, declare and establish as follows: 1. Defned,Jerms. All capitalized terms used herein and not otherwise defined shall have the meaning given such terms in the Amended Agreement and the terms, covenants and conditions of the Amended Agreement are incorporated herein by reference with the same force and effect as though fully set forth herein. 2. Decommissioning Notlee. Operator shall have a period of two years following the Effective Date of the Amended Agreement to deliver a.Decommissioning Notice to Owner. The Decommissioning Notice shall specify the date that Operator will begin work on the Wind Power Project("Commencement Date"),which Commencement Date shall be a day that is the first day of a month not later than sixty (60) days after the date the Decommissioning Notice is given to Owner. If Operator does not timely deliver the Decommissioning Notice, then on the second anniversary of the Effective Date of the Amended Agreement, the Amended Agreement and the Easements referenced in Section 3 of this Short Form shall automatically terminate and be of no further force or effect and the terms and provisions of the Original Easement Agreement shall remain in full force and effect. 3. Easements. The following easements (collectively, the "Easements") are granted hereby and by the Amended Agreement to Operator. The purpose and scope of the Easements are more particularly described in the Amended Agreement. Such Easements are irrevocable, and, with the exception of the Access Easement, overhang easement and Effects Easement, are for the exclusive use and benefit of Operator, and burden all or a portion of Owner's Property: a. An easement to construct, operate and maintain Wind Turbines and Collection and Transmission Facilities,together with associated roads and parking areas on each Wind Turbine-site; b. An easement for unobstructed vehicular and pedestrian ingress to and egress from the Improvements; c. An easement for the construction, installation, operation, maintenance, use,repair,replacement,relocation and removal of Collection and Transmission.Facilities on and under the Owner's Property; d. An easement for purposes of constructing, maintaining, repairing, replacing and removing all or any part or element of the Improvements; 2 51 e. An easement for the right and privilege to use, maintain and capture the free and unobstructed flow of wind currents over and across the Owner's Property; f. An easement for the right and privilege to generate sound, visual, view, light,flicker,noise,shadow,vibration,air turbulence,wake,electromagnetic,electrical and radio frequency interference, and any other effects attributable to the Wind Power Project or activity located on the Owner's Property or on adjacent properties over and across the Owner's Property; and g. An easement for the right and privilege to permit the Wind Turbines located on adjacent properties to overhang a portion of the Owner's Property. 4. Easement Term. Operator shall have the right to use the Easements for a period of time("New Easement Term")commencing on the Effective Date and ending thirty-four(34) years and fifty-one(51)weeks thereafter. Operator will notify Owner of the date when all of the Wind Turbines and other Improvements required for the Wind Power Project have been constructed and installed and the entire Wind Power Project has achieved the status of a commercially operable wind-powered electrical generation and transmission facility Momimercial Operations Date"). 5. Payments. On the Commencement Date, if it occurs, Section 4 of the Original Easement Agreement shall be replaced by Section 2 of the Amended Agreement. 6. Purpose. The terms, conditions and covenants of the Amended Agreement are incorporated herein by reference as though fully set forth herein. This Short Form does not supersede, modify, amend or otherwise change the terms, conditions or covenants of the Amended Agreement,and this Short Form shall not be used in interpreting the terms, conditions or covenants of the Amended Agreement. In the event of any conflict between this Short Form and the Amended Agreement,the Amended Agreement shall control. 7. Su c ssors & Assigns. The Owner's Property shall be held, conveyed, assigned, hypothecated, encumbered, leased, used and occupied subject to the covenants, terms and provisions set forth in herein and in the Amended Agreement, which covenants, terms and provisions shall run with Owner's Property and each portion thereof and interest therein, and shalt be binding upon and inure to the benefit of the Parties and each other person and entity having any interest therein during their ownership thereof, and their respective lessees, heirs, executors,administrators, successors and assigns. . ........... .. ... 8. Counterparts. This Short Form may be executed in counterparts,each of which shall be deemed an original and all of which when taken together shall constitute one and the same document. 3 52 IN WITNESS WHEREOF, Owner and Operator have caused this Short Form to be executed as of the date first written above. Owner: Chem Quest Corporation, a California corporation By Title: ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF ALF1r1 -- ) On 0J Cvr. 124, C( , 2010, bet re me, twc 4� t' �k 4eaAr a Notary Public, personally appeared A v#' h�i—{"" ryA,vvc- s - 0u , who proved to me on the basis of satisfactory evidence 9 be the person whose name is subscribed to the within .instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature 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 my hand and official seal. =E.MENDELSONMSignatur l/IJI�"' (Seal) 1 4 J� Eden- "A-'5t' Operator Windpower Partners 1993,L.P. a Delaware limited partnership By: FPL Energy WPP 93,GP,LLC, Gene r By: 11� thia A.Tindell,Vice President QMMMDGMENT STATE OF FLORIDA ) ss. COUNTY OF PALM BEACH ) On V A e- , 2010, before me, �� a notary public, personally appeared Cynth ar A Tindell, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument 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 my hand and official seal. 1s Nfty V -Stote of Ph" • MY too.expire:Oct 10.2012 Coegpie"0 CD 032M Notary Pub a iinnd for said State IWW TWO NMW AML / 7t.OrA 5 54 51` 1T 1*511 EmBff "Awl es tiara 21 Q r' a e THE EAST HALF OF THE WEST HALF OF SECTION 16,TOWNSHIP 3 SOUTH,RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING NORTH OF THE STATE FREEWAY,AS GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED JULY 19, 1950 IN BOOK 1190 PAGE 266 OF OFFICIAL RECORDS. OF RIVERSIDE COUNTY,CALIFORNIA; EXCEPT THAT PORTION OF SAID LAND AS GRANTED TO THE COUNTY OF RIVERSIDE FLOOD CONTROL AND WATER CONSERVATION DISTRICT IN A DEED RECORDED APRIL 4, 1968 AS INSTRUMENT NO. 30874 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 6 55 181T "A 'rO" Doc # 2010--0609701 12/20/2010 01;a 1P Fee:39.00 Page Recorded In Offioial Records county of Riverside RECORDING REQUESTED BY AND Larry y. Ward Q Assessor, County Clerk 8� Recorder lI I wl�r RECORDED RETURN TO: I `�IIIIII III IIIIIII III��I�I II�I:l��I Alene S. � �E of Es . II��IIIIIIIIIIIIIII I� g NextEra Energy Resources,LLC S k U PAGE: SIZE: DA MISC LONG RFD COPY 700 Universe Boulevard(LAW/TB) Juno Beach,Florida 33408 A L 6 426 POOR NCOR SMF NCHG (Space above this line for Recorder's use only) T. CTY UNI Assessor Parcel Numbers: 668-270-010 and 668-270-011 ' MEMORANDUM OF GRANT OF WINDPARK EASEMENT AND EASEMENT AGREEMENT THIS MEMORANDUM OF GRANT OF WINDPARK EASEMENT AND EASEMENT AGREEMENT C Memorauduzn")is made and entered into as of November 19,2010, by and between D& E Land Co.,LLC,a Delaware limited liability company,on one hand("Owner"),and Windpower Partners 1993,L.P.,a Delaware limited partnership,on the other("Grantee"). WHEREAS: A. Owner owns certain property located in Riverside County,California,as more particularly described in Exhibit A attached hereto and made a part hereof(the"FMerty"'). B. The parties have entered into a Grant of Windpark Easement and Easement Agreement(the "Ageement")which by its terms grants to Grantee an exclusive wind and windpower facilities easement interest in a portion of the Property which is more particularly described in Exhibit B-I attached hereto and incorporated by this reference,as well as non-exclusive easements for transmission lines more particularly shown on Exhibit B-2 attached hereto and made a part hereof,together with non-exclusive easements for access over certain portions of the Property,and C. The parties desire to enter into this Memorandum of Easement which is to be recorded in order that third parties may have notice of the interest of the Owner and Grantee in the Property and of the existence of the easements set forth in the Agreement. D. The Term of the easements and rights granted shall commence on the Effective Date and continue for twenty(20)years after the date the first Turbine is commissioned and available to generate power from the Property. Grantee has two(2)options to extend the Term each for five(5)years,and a final option to extend for four(4)years and eleven(11)months. NOW, THEREFORE, in consideration of the rents and covenants provided in the Agreement to be paid and performed by Grantee,Grantor hereby grants to Grantee(i)those certain exclusive and non-exclusive easements in, on and across the Property, all on the terms and conditions set forth in the Agreement. All of the terms,conditions,provisions and covenants of the Agreement are hereby incorporated into this Memorandum of Easement by reference as though fully set forth herein,and the Agreement and this Memorandum of Easement shall be deemed to constitute a single instrument or document. Capitalized terms used herein are given the same meaning as set forth in the Agreement. Should there be any inconsistency between the terms of this Memorandum of Easement and the Agreement, the terms of the Agreement shall prevail. The burdens of the easements and rights contained in this Agreement shall run with and against the Property and shall be a charge and burden thereon for the duration of this Agreement and shall be binding upon and against Owner and its successors, assigns, permittees, licensees, lessees, employees, and agents. 1 56 'tZAHIBIT The easements shall inure to the benefit of Grantee and its successors,assigns,pemittees, licensees,lessees, employees and agents,This Memorandum-may be executed in two or more counterparts,each of which shall be an original,but all of which shall constitute one and the same instrument [Remainder of Page Intentionally Left Blank] . ............ . 2 MINT AA-6/ IN WITNESS WHEREOF,the parties have executed this Memorandum of Easement as of the date set forth above. "OWNER" D&E LAND CO.,LLC, a Delaware limited liability company By:--..r—zt) 9,�4� Nam Q'lee— Title:— "GRANTEE" WINDPOWER PARTNERS 1993,L.P., a Delaware limited partnership By FPL Energy WPP 93,GP,LLC, Its General Partner By: Name: Title: [Signature Page to Memorandum of Easement(Carter)] 5� IN WITNESS WHEREOF,the parties have executed this Memorandum of Easement as of the date set forth above. "OWNER" D&E LAND CO.,LLC, a Delaware limited liability company By: Name: Title: "GRANTEE„ WINDPOWER PARTNERS 1993,L.P., a Delaware limited partnership By FPL Energy WPP 93,GP,LLC, Its General Partne " By: r Name: n_an n n_...,.,..Ic n Title: R. Vice r®51 en [Signature Page to Memorandum of Easement(Carter)) -J9 evLj )BIT "A-6" ACKNO WLEDGpdgta STATE OF CALIFORNIA ) ss. COUNTY OF L-os A n g I e s } On K61ven,61ce l 8 P 2010, before me, GraAery A . CanLs6 a Notary Public, personally appeared fre a r+c�_ W%ll,i who proved to me on the basis of satisfactory evidence to be the personf whose name is subscribed to the within instrument and acknowledged to me that 1hep executed the same in their authorized capacities,and that by their signature]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 my hand and official seal. %1111111 A. GOdW1N KOUORYM 875Sn t Los ANall Signature �� , (Seal) Mr (Seal) tbww,F>cP.J�x.80,20M'` Signat6&UNotary Public STATE OF FLORIDA ) } ss. COUNTY OF PALM BEACH ) On 2010, before me, a notary public, personally appeared — , Windpower Partners 1993, L.P., a Delaware limited partnership,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument 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 Florida that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public in and for said State [Acknowledgement Page to Memorandum of Easement(Carter)] .000 �113IT "A-'O A-CKMM LEDGMNT STATE OF CALWORNIA ) • ) ss. COUNTY OF ) On _ 2010, before me, a Notary Public, personally appeared D & E Land Co., LLC , a Delaware limited liability company,who proved to me on the basis of satisfactory evidence to be the persons whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the person,or the entity upon behalf of which the person acted,executed the instrutent. 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) Signature of Notary Public STATE OF FLORIDA ) ss. COUNTY OF PALM BEAC14 ) On (VCI gym( 2010 before me, r.I Ll a4y7 ,_, a notary public, personally appeared f,� ��cc Pr@ s i r dWindpower Partners 1993, L.P., a Delaware limited partnership,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed.to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument 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 Florida that the foregoing paragraph is true and correct. WITNESS my hand and official seal. C Notary Put6c in and for said State NOTARY P`MC,STATE OF FLORWA ,l, .,,,I. Nancy E. Llama. it Commission#I1I)70$596 ,�..°Expires: NOV 14,2011 Aomm nMU ATLMnC BOOM M,M [Acknowledgement Page to Memorandum of Easement(Carter)] �. 61 EXHIBIT "A-ro" Exhibit A LEGAL DESCRIPTION OF THE PROPERTY The land is situated in the State of California,County of Riverside and is described as: THAT PORTION OF THE WESTERLY 2,929.00 FEET OF SECTION 9,TOWNSHIP 3 SOUTH,RANGE 4 EAST,SAN BERNARDINO BASE AND MERIDIAN,COUNTY OF RIVERSIDE,STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF,LYING NORTHERLY OF THE NORTHERLY LINE OF DILLON ROAD AS DESCRIBED IN DEEDS TO THE COUNTY OF RIVERSIDE RECORDED JUNE 9, 1964 AS INSTRUMENT NO.70659 IN BOOK 3715,PAGE 479,AND JUNE 8, 1966 AS INSTRUMENT NO.59449, BOTH OF OFFICIAL RECORDS. The APN numbers provided by Riverside County as of November 2010 for the two parcels detailed above are: 668270010 668270011 CPAM:3346173.2 Exhibit 1371 DESCRIPTION OF THE FACILITIES STRIPS:(marked as the"Facilities Strips"in the diagram below) Squthvin�Pn11i°,°ten r t .. .. 8nuvwrn OA amwL 10 .. md tibWTIulidary 'Fg r ��' ry '+ '-`��� ,a ,.. ,•{ ..�. ,s i ';n. 15r- 5Q� kywr�. '., ,� : a M w ¢�5 z ga �, ��a lr�� ,� C`�X�, y, +.dM1...r�J� r [.,k, r i.[. '� 'q"�+�Y jy r�,yr ,�h� 3•'`� r f r } +fir I t �s{jii s� d� 7ti r� 4 t 1 I'i ib 5: rr.��fr 'sp�: Pao f 1 r F tyTf rtit .naek, +r Ny�f y7 } `..t.{ µti V. - 7 ryt �. Q �F. f 1 s ti ffr 2, r .7cr /e � YNG�Jr p . .ff? n!'EXI 903Mbiimm� r .r+`� ''`,` s •f � ��� � tc- wus7-0bii•�f" 7 a� ��s � � fa - �•. �r �" � Ji u'C•�.• � [ , ¢ta �ti n- Tj. ' w gel �� ice`'` .�~"� •,� -" 1J, '��. �_ t ;� ,�� R'• i_�'� �! rl i .r � ..rc t.� `�3F� 5 •' �a1 �, r�� .r���� 5���y��: r� r w , NextEra Snergy Resources Legen Palm Springs Repower 0 proposed Turbine Riverside County, California Site Facilities Strips Facility stop November 15,.2010 Transmission Easement(25.ft wide) CPV Laydown Area NEX T[� " o Feet ana Contour(5-ft index) I V� Cf-1 Cont�r(1-ft) 1:4.800 *--y Distances aesnunees � Cgkn*_vl [�Parcel Line (This Exhibit shall be be replaced in accordance with Segtjoy.2,8 of the Agreement. ] .463 Exhibit B-2 DESCRIPTION OF THE TRANSMISSION FACILITIES AREAS: (marked as the"Transmission Easement"in the diagram below) rat .�; �` _.��.�._ " ^�_ ! - .!��'��.� r_:�-s.,, .,.,�,.-...-... .W-..�.....�,-m�.� ,.,.mow • l � � r 8oWhomCPWpnW .r -nypyyra.'ap' ) �? �,i�„}.�(C �-�.�� •� L• q �:lw "r �!!t�.4n Co1�kV �1. 4 j .*..�, J iw y '' �! ( ` J fl�, '•.v y 4 J e' fV Aran'-jWNj lj�c�1t tt fiA i 8ou6dary Line ,a v a. 5, 4gg � 1�9}•R5 k,v�� + A s41 aenv )►. "w�`� �if��f� *'� v';�� �� �.� u� �, ��t � �* r"1sr Aso ;4: �,�_N•.• �x w af� lr I 1 ��'� "�`•ry� � C �17 t ! r� � �y a�i��r � 'pSfJ Si �'i tP. Nam+ r ^ rave 'At{tF n � � sliny7urblrwa N1-0UT n _ r r'Krak�G � 56 l'1hr1- I �I. -�, �� � ✓ S kr� �"� - .�` " ' •� J ' � �, ar ran .� �;', a� , -�,. �-�.�� NextEra Energy Resources Logo!)d Palm Springs Repower proposed Turbine Riverside County, California Site FacillUes Strips 0 Facility Ship November 15,2010 Transmission Easement(254t wide) CPV Laydo►+n Area ° ��I n j1° H o w=etx 410 1,,Contour(5-ft index) EI V ERa Contour(1-ft) +:+,aaq E-ih Distances �nrscuncr s rwo_i983 StftPhne Parcel Line c Cafitcrido�yf [This Exhibit shall be be replaced in accordance with Section 2.8 of the Agreement. ] - 64 r�4'�1'�•r ,. ' EXHIBIT "A-7" Recording Requested By r ph%AmerlNn Titre tnsuranae CurhpW MMRDINO UQUlfl8 9 BY "°4 ANl)WIiBN RI3Ci)Rb1�Y.l MAIL TO: } tc � WI =WDR PARiNM IMs L.P. 0/0 mwm=wnwpUWDtt,INC. Soo sa w=Skroet;8th.140m' San Franalaoo,CA 9455O Auimtion:Woof fhea ame al Coaasel 0-1 a .;. ow=OPMRTS AM Axa mcu PRor»x`sr! TM 51'OBEAMI'An SUS AGRMWM(this "Ap meat")daW as of Aprii I, 1994,is nlada by and batwo=MMIZM WD MPOWM,INC., a Delawam won,fly known as U.S. Windp owe r Ina.,a Waste lyorpozation(-As"-), and W3lO POWZK PARTRM W3,L.F.,It Delaware limited parapear*(the:"Patti Ph• THU PARTMS enter into thin Agreement on tho basis of the following facts, under andinps and inteaadous, 1, DAM G. DUCK,an individual,or his suo5mssors or assigns (003lrs"Cly, "guak")own certain nd pn WW(dw,,Bu&pmpmty")located in the Cotutty of Rivcrrida,State of(RUM*ertom pardauhtrly descxlW 1n 9iltill heMo- 2. Cmu Qum CORPORATION,a California mromoon,or iu uaaa wrs or assigns(e`& oody. "Clhlirl Qu�l•)O" -m11�y(thv'�- QuW ")located in the County of Rlvenside�,State of California, Mara Orly dasarlbad Bl lthlbitl hm to. 3. C360ROD IVANOV,an lnividual,or his SuDoessm f nigns ir4ir�the (colloatively, *,Vance)own omtaln rent property(rho Ivanon poop dy )lo a County of Riversidel State of CaAfonft,crone pudotibuly described In%jiiblt l h=to. era-ssrn.s - 65 i y EXHIBIT "A-7 it 19� � _. .. r+a�w-c..v�ukdAY{'svdtndsxinl'teRo'SK•'�' +"tiv"'e�'.'wV""rW . i rM 4, WMIM,BY R01.1 AM E MI3,an individual,or his SUMM10115 Or t ( cctIvely, wine")own ceo1a wal Property(the"Rime Property")tested in the t otmty of Riverside,State of Chlif who more particulariy daxlbed ha Efth 1.WOW �. ROSE IL MORVA•WT M,as'nusteo of the Rosa XK,I'Am ta-Klesa RevaCabte Iivhwg Twat dated"2. 1992. oxber u� ") r the unf�Ala, Slace te o owns oaztai:t Heal property(the dwarihod in�herew. State of California,trwro particirinrlY 6. VICTOM L.itomwm,Tkusw of the A.G.RaaceaW �tenpeion Tnrst ardent I7 tion of Txud date!April 25, 1986t as to an undivided Mth interest, Vl G"I'Ol •l�ROSSNTHATr,'ltrr<stesr of the A.Q.Rasaxihal SutVli&True under T7et�auatiart of Tinrst dated Apart 25, 1986,as to an undivided i/4th Int t, CORRM t.A�, Custa Maximdistt auto•Sarah(:ascanie and,Alcacartder Gregory Cascanta,under tine California Unifornn'rtansfexs to Miners Ant,as to an undivided 3181h �, MpxtS1TA,T.I;Pl.AxT,as custodian far Arid Platt,under the California Unifaam Transfers to Minors Act,as to an undivided 1186 irttarost,or their pzopq sox yt ) assigns(collectively,"Rdse/it1L1")bwn cartaht real prppenty( � �1 hmccto. the Gnarly of R1Ver�dde,State of�.mtize (Spec, Chem Quest,Tvanav,�Irtne,Klee Trust,and lta8aothal are snmetimez eollecttvelY re&rt>od to haralaatte sa"Owners")(the Bunk l'xoperty,trio and theme Y&M -+ Xvanav Property,the 1Cime T�mpexty,the Kies Trust Property, r sometirceS CollocdVely refeXed to herclnsitat a8[he"T.and Haldirtgs"). 7. thtmer's grunted to Assignor arld t windmill easemarts on,over and . along the Land Holdings P=Want to certain oas =t 89mments mono particularly desarlbed in MW attaches,!hereto(co11x1iVely,the"l9asemanta"). certain Owners have Catered into certain reduction of wind acom sctbe agreMarta%V th AaSlrr►r with respect to psrrdons of the l cad Holdings as sire morn fly described in��9 attaehcd hcrete(aoltectively,the"Sethaolrs"). Assigner has ha vWfore delivered tc trio PaxUlOv lrtp and the Leader true,aarreat and cornplcta sOpiea of the 9seMww amt trio Setbolrs, including alt amendments thereto. � 8. XENNWR C.AWNCH("Aldrich")owns oextala real proP� i :f "Aldrich ")located In the County of Rlverslde,State of Callfarnta.More ly described in E40A l.. is hereto. 9. Aidrieh granted to Assigner a imehold with respect to a certain portion of the Aldrich Property and the rights of Aldrich in and to cataia epwmhment ¢ liceicd agat;tMtd with rcat to portions of the Aldrich Property,pumantlu the MOO agreement more paxticulatly deserlbed in Ushlbit 3 herW(the'UM Agt�Mnt"). 10, Atddch also granted to Assignor certain Wements an,over artd along cer in portions of the Aldrich Property,puant certain agreem rsu to that ant more particularly described in Rxh kA hereto,(the"Aldrich Basement")(the Lem Agreement and the S sasssovi s 2 ECHUIT"i1-711 X. L�_t-m euaxr+wp +ti'� r{ �yp21 Aldrich Eeteemcrit are sornedmes ayltaottvrly reffesrtod to hezroiaafteu es the"AtdrlCit i r Agreements"), r 11. Assignor is the holder of certain enet+aRChmcs.t permits relating tQ the construction,operaticro,mehttatanco, r and tplanerneat of certain�et u e,More scraas 20th Avenue,WON Uttat�lrs lines 1t1 and(larnct Avernus and>�ant pannits`). 1>��J'danibed in�hereto(Collectively,the 1lnaraaahm 12. Assignor box entered into a segatc agreme►t(xlch agrcemwtp as amended to date,being hesdnaW called the"power pgtmh m Aft")by WhM to salt - Southern California Msan_Campany('S(M")ag m to pp�1i��� the electricity generated by the Wind Turbines tressddhW M08108 the Windplor(as hereinafter dofine d). 13, Under the terms of the power purchase Agreement and the related consents between.Assignor and St".13,Assignor has the right to assign Assignor's rights and obligations under the Power Purchase Agreement to the PvtR xsldp. I 14. pursuant to esch of the Basem�•ss and Setbacks,Ank or has the rlAt to trsntsfer,assign and convoy,without owners'consent►ell or nny of Anignor's rights and Obligations under the respwave Basomen t.and Sedateic and alt or any pat of Assignor's internal in the Land holdings in connection with the$ale and/or Amcing of my Wind generation Witty or to certain entities as described tt.ea+ein. 15. pursuant to the Aldtioh Agreements,Assignor has the tight to ttunsfar, assign,convey and sublease,without Aldrich's coamt,IM or any Of f o Assign*nor's rights tercat In sand obligations under.tho Aldrich Agm meats and all of any lit wind generation tirdlity ho Aldrich Property in connection with the sales sru)h�x gpancing any or to certain eatitics as detWbed therm. 16. By this Agament, Assignor desires to aaslgn and canvesy to the e �on of Partnership exclusive and nonexclusive subesasements ar subiit eusea under each of the Basements or Setbeeka,raspratively,to wustruct,instail,maintain and ope. ta a p tod equipment and the wind generation faoMty Consisting of the Wind.Teublues� nd and eis to sell the electricity which facilities(the"Windplen(""")as described in EjWhlt t the WindpUnr generates by conversion of wind energy, i! 17. By this Agreement,Assignor further desirtss to assign and convey to tho Pardnershi anon-miusive sublease,non-exclusive subeggentents And the non-WAUSlve use of certain.licenses relating to.tho Aldrich (oO1le:ati. ,the"Sublease")so that the Partnership may transnrdt the electricity g n by the'WWAMV`Ea that Wtidd hdltty p grid located on the Aldrich Property and sell the elesetrtCity. 18. By tide Agreement, Assignor further desires to assign and convoy to the Partnership aarm-axelusive right,title and intmast in and to those can Bncraachment Permits relating to Interstate 10,2tttlt Avenue and Garnet Avenue. r F ' ars•rsatr e 3 A67 a.rKr.n� er�4Yn++M�/'+a�a� xawx�trvuaS�wtC�"rs7w'rocmr yr r:`ne.'�r`.�'n`�+ '"�"�"�""w"+• +° 19. 7%1'aMar mp w1wwleftes that A sipor may in the fdh=out", into tme or mane other subeasnmeut ur sablease a& � the band Holdings,the Aldrich Property or the Unmad went Paradts. NOW,TMMMM,in wasideratiott of the aintusl camMts of the Pam hereto,the parries herM agree as Wow". ARTICLE L Astor hemby graatg,&alga and conveys tO the 1'urtacrshtp.with re spect to those portions(the*0= 1 of the l snd Hotdinga on which the Wind�Srbim and the 7�'rattsfarme+m,of W�m thomf,ayes lcxated.(Hoch pm toga bdag desortbe d in�bet°)'a dement in ail 3 of Assig x's right;tale and Interest In and to$0 Situ updCl.thes E means, for the pardnersh3p's exclusive use to eOast 04�, tlnainWn.�,�and reinovs the Wind Utiftes and the Tamftttxs themup and to undertake then any and all activities from the Whtd'lwbims and then errs a eneugy and napeasary to t�� of the transmit this emesxgy fmm the Wed 7tiubinrs and the Transfomtezr3!to the bantstdm'iat Sites. . Assigner heraty Brats,asslgus and wwmr to the Parba p, wkh ressfsoat w all potiti cs d the f and l;Yotdtngg outside the Sites,to aubemment in all of Asdfi's tide and intet�t utuiar the Bwnm s for the•pwha"wp'a.uonvdtAVc use to undattalae any and sU activities for the om ruction, inetdiation,mint3�►arm,aparntiott,repair and removal of the Wind 'l�rbines and.tho'1'rasesfesrntexa an the Sites and to ttmmit the clootdolty ge anted by 1118 Wind Tlsrbines and the 9tkaasformeers from the hougtdeudes of this bites to a utility lyjutmf andwith Belt the electricity;provided such use by the 1'arMerons shad not unra�onah Y 3� the use of the Land Holdings(other than those portions thereof cnnstittttittg the Sites)by m►Y ti oiha person who currently poasam tights under the t3MmOPts. t(so?asalgns and conveys to lire Pattttarship n sublltmtse in 99 of Assignor hereby gran , 's nonearclusivo use .i Assignor's light,title and intcmet under the Seamdcs for the partaet�p 8,�a Hera, to nu dertalm any and all sctividest for the construction inspoladon, �and transmit It and r cmovd of the Wind"Ina and the'lk�t. y the electricity genamtod by the Wind Turbines and the�tisfdrrsi fitltit We'btstutdarless of the Sites;provided such use by the paumto tp shall not uetteawtably interfere with the use of tv and H t tgs(Other h rights u der the Pamf c stitu genthes Sites)by any other who polm ,3nasms., 4 . __ 68. Tt._!XHIBT OA-T' 1! w sue►= ,�,��,re� ,�,.,..�-.��,. , ,... •, " (d) Rtaht,�er AssIR M Tftc Parut Uhip aolatowledges that Assignor has the right,and will continue to have such right in the futuwe,to enter into Other subeasemeut and sublicense agreements with other partles for additional I%*d gedeffidw ` facilities on the Und Holdings,other than those pt>xOM caaltlt bg die Mites,Vtodded that Assignor's or such other parties'use of the+Land use of k "A�Ot emn*00do nor , unreasonably inwdbre with the Partnerships meat and Ated hereunder. no locations of the Wind�,Tranafmners adt� cod equip facilities which constitute the Windplaur are desurlbed on>E3dIbIt hereon. l.2 Naad - Assignor h mby subleases to tho (� rWpany partnership,all of Assignor's right,flue and inoarest in that pordort of tho Aldrich P Identified on)MhjWt 3,exclusive of that pardon thereof on which wh dmWs and related equipment and facilities,or any portion them are sdtuatad(such emduded portions,rho "Aldrich Sites"),for the Partnexsdip's non-exclusive use to undertaim any and all wthAdes for the oonstruation. Installation,mishttcaan�,operation, repair and rarnovsl of overhead and s undMrauad electrical u=vmWon lines,a subo.dan and related ftcllitles and equipment and to transmit the cloct Jolty generated by the Wind Muxbincs and Triiidf vmers Abni the boundaries of the Sites to a utility grid and all the eleatrtdty;provldcd such use by the 1 Partncaship shall not unreasonably horf m with the,use of the Aldrich Propiorty by any ether i person who cu rretttly possesses rights under the Aldrich Arts., j (b) Assignor hereby Smote,assigns and convoys to the Parbterahlp,the following; j described a1 Pounds A and i (i) with respect to that pozdnn �of the B on MbIbIt hereto,a subcasement In all of Assignor's right,title and inu=st under the Aldrich Basement for the parhicrahip's pan-xclusive use to construct, use, ritsdntdn, operate+ alter,add to,repair,replace,reaaustruet, inspect and remove,at any time and frrrmt time to time,ovethetad or underground electrical supply and cammundeadwt systems, consisting of poles, guys and anohours,crossarms, whccs,cables, lntervOrmeation WMdes and other appurtenant fixtures and equipment aeDasary ar useful for distributing.dectrioal energy r and transmitting intelftenea by electrical means,to Or from©arnct Avenue to a utility to and salt the electricity;provided suchb e, other he usonhwpl► a shall not tlu papas�lY iA with the use of the Aldrich Property y y i y is n under the AiddCh l kMMent ar the L"M Agraemartt;and i ! (11) with rwprxt to that pordcn of the Aldrich property described as Parcels C,l .and x on Ibbiblt 4 WWA,a subesaetnant In all of Assggnor's right,title and iatemt under the Aldrich Basement foir the Panne hlpri Adfi facltltialvd nght of Ingress,ertd•eressi for pedastrian and vehicular ttaffia,to and from Barnet Avenue and the foregoing ovesitw4 and underground transmission lines,electrical supply and communipatlon systems,substation and rdated facilities and equipment and over and across said portion of the Aldrich Praparty by means of the right of way more particularly described as Parcel C an BEMA,and/or ether ;� era-ssmt.e � 69 .IN *' Odsting roads and lanes on that portion of lme AWft pYoperty de wribed be,Parcels land 2 of WIbIt (e) Mftaor bemby grants,assigns and conveys to the PaTmerft a non4xcluslve r*bt to use 9111IMM Pig to the Aldrich Property,es desedW In BMW and Z9ML4;Pxtrvided such use by the Fart enhip of the Aldrich Pcaperty sbati not unmsonably interfetr,wilt the use by any other person who eurrramtly possesses rights endear the Aldrich Agreements. (d) $lo is of rr The Partnership admowlcdges-that Assdpw has the night,and will continae to have,such right in the iidrm to czar into other '. ' sublease and subeasoment 89me nests with other patttas for addidand wind geumazation facilities on the Aldrich pxo",provided that Assignor's or such other pattlet'use of the Aldrich Properly shall not advandy aflhct,not unrexesonably interfere with the PartaU Wp's use of the Aldrich Property contemplated hacmdesr, 1.3 XAMM• LL A or hereby grants,'asopm and conveys to the Paarumship a non•mcaludva right to use(caeotiverly,,the"X.#eseates')the. EncrowAvnent Permits for all purposes set ttrrth Sharma,including,without lirttitation,the right to wtdartalae any and all activities for the conSUaoticn,inatttliaiiam,mabttesnanee, operation, repair and to moval of overhead and undewound eleaftW transmission lines and to ttansruit the electricity generated by the Wind Tobirm and the TnWfbrmers from the boundarkrs of the Sites to a utility grid and sell the eleatclolty; provided such use by the vartuership of the real prapealy width is the Subject of the Ancroachment Permits do not it unreasonably interfere with the use by any other poison who cW=dy pane%=rights under j the ant Permits. (b) gar. 'The Partnership acknowledges that Assignor bas the right,and will continue to We mush right W the future,to enter into other Room agreements with other perdel with tr*X4 to use of the littetnaottmemt Famats, provided that Assignor's or such other yudtfo use of the Bacroaahment permits Shall not adversely affect,nor unreasonably interf n With rho PAtteterahip'S use of the Hnoroadumt Permits contemplated hereunder. Y 1.4 DgIWUM. The following words and phra6es.An used Aa defined tarma throughout tMs A&m mcnt,and eAch dented term shall have the me+wft Sat forth Wow. gltj�;j{�eri#,t, 'This tarrh s)mkil haVe3 tiro mr�ig iat fdi'Am ftt'" • Rdoital 1p hereof. Airldch , This tart Shall have the meaning set forth in RedWl 10 hereof. t .G �4 NPl IrC1l.1 6 10 4 y »'K"lfrY'n'riW`h.. �J �. This tarnl trltall rgeeri the oYindmlll8 and ralated egrdpmmt and faunas laaatad on the MdAch Property. of This term shall larva then rrttin8 sa forth in Ardele Q hereof. i EJUMMda. This term shall have the tnaantdg tat forth in ReolUl 7 hereof. This temr shall have the•rriaaniag sat'lbdh In Recliaa 11 hmwf. . This term shell haw the meaning sat forth in Section 1.6 hereof l.ee8lcioldinr{s. This term shall have the meaning set forth in Recital 6 haeof. ��. This term shall have the meaning sat forth in RWW 2 hereof. Thin term shall math Merddla Trust Company of Gliforala, as 7Vudw under this Sccudly Agreement together with MA Ttnrstee`s 1uat7e5sors and esrignt. . Tfflg term shalt have the meaning at forth in soct[on 1.3(a) WOOL This teen slwll have the Meaning.sat forth in �. S h hereof. - r Qom. Tills trim shall have the meaning sot ftnth in Recital.6 hereat; TWs term shall man that ceAdn PAttiaipation Agn merit wool Assignor,the Partnership,end WWII other cntlOw.wfmcad to therein. A=Mnt, This tarn shall have the mea nlag sot forth in RcWta1 10 hereof. gffmrjfvAW= nj•. This term d aU men the lndantnre of Tn at and ' Security Apeornent, dated as of Mxxeh 1, 1994,as arironiieti dcid artppiefitzritad from tli i .tti time between the Under and the ParMership, adb . Thts farm stea have the meaning set forth in Recital 7 htravf. { t 1 4. rrs.nsa�s.s 7 r } EM1131T "A-711 7 I r s ` Hfto. TWO-Om ahall have the mming at flub►in i"CM x• hexepf, � . �. This farm shalt bane the Meaning oat Borth in Redtd 17 hot^eoP. •; . This farm Shall have the meaning net forth InS an 1'5 hereof. i �, 'This farm shall have the nteaaing set farts►in Sze Lfi hereto. - — - — - �( lux term shall have the meaning net forth in 1 hereto. 3MO04W. 'This term shall have the meaning sat forth in Recitol 16 _ hereof. MillwMaXE11i1 . 'This tens Shall have the meaning sat forth in the Essen IRL 1.S ;t t°1N1 'm term of this Agreement do commence upon the recordation of this Agreement in the Offlelal RVcards Of RIVUAdd County,Califoralb- Urth�s tonninsted pursuant to Saatidn 3.1 hereof or extended puncant to the tiyllorOwit►n of tho sentence,the term of this Agreement shall expire an the earlier of(a)the cxlsi Power pa rohm Agreement, =AM,bUM, that in the avant the Power]Purchase Agrasment shalt expire before the full payment of the Obligations(as defined in the Security Agreemenntj,them the term of this Agreement aha11 continue until the date that"pal!me�nt of the Obligadans is made or(b)the detarninat€rm by the�dp to pertnanemtiy cow operation of the Windplanff an the ceseatian of npexatiOu of the Windplaap"`in a�rdance with such datamninsdm►�,AR% x+ that no such alnatbm ahali tie plt�o without the lender's written this canaent,so long to the a eadpar of 7Yust�have the right o Agreement shell previously have been ttunrimated,the Paratershtp exur trans for so long as extend the term of this Agreement for unlimited additional t#ve(�Y operation of the the partrta Np has not made a determination to ptxrnameatty connwith such VVindpbaflm followed by ceasatian of operation of the VErindpla f'"do aooardance determinadon(but in no avant beyond the Una of the raq=d"Hownents or the Aldrich ' Agreements), upon the same terms and conditions set forth.hardn,by giving written notice i to Assignor no later than three(3)months prior to the expiration of the Original term Or SOY resrawhl farina;`Teal team,ineiuding any extensions permitted and axerdaed tttsrrrtd ,Is, heralnniter called the"Tam" ' The partnWhIp dO during the Tam pay all of the foes and other amounts(codlectdvely"Pees")which rotate to,end arc attributable to,the gaements or to Ald due and payable rich pursuant to the Aldrich Agreements,or to OWOM punuant W any of this s f' rrs•ssms.s B .t� �•� �+ ':a.wudw. ���.Aas� � AY/'A����.Iww.Nro'._'.n.......I n•' • tr Ia anion to the otftow to py P� 'tom tlto 1.7 •�M• 'bail,for" ,bo�1a to•A:ftw �ip �ts� ps St*n 1.6 hea0f,the ► due Parf�'°q Ce of all of AsstBmar'a othar ,but fad tln►i' 11st Md�dch Agttiomanta with nVeot tv,or t 8 , � w, ownprsttip and opozattoa Of,the VPindplan dMp dMe t to Ua dbla to A�B�'for the the following(per or to tc ram At<stg+a ed that the partatxstdP r�° or due p srfbrtnauoa of Bush ablution'rball not be iateMx*d r Waboattro AYMMAt mid IM fret its obltgadons to the>�'arbm as�f the W'aP�t , batvreati Ass18t►or+ the Farb# ip d tod do�t�t (t0"puns and Math of the Mien A$ t(do Alftw and thrs parbatrsbtp �,=Astor and rite « rgatnent�►gt"} C9o�� fief �� p��p datod as Of tbo data of the perddp won da d as of tho date of the Agreomatt")and tho W +tY "or participation AVOCMent(the'Warranty") + t of any reaX ply raters,Agsessutents or as a result off iha Wtndpta►f"m the pare PmP�Y taxes levied agataat or daa attd payab . extent act forth in the>l =tots ox the Aldrich Apoemedts; losses,dnmp,coats� (p)raents 1'VIX 1jawfitiesy damage�vmdthtg 'a apertscs,clattna Or,�udg of the Wiudpl m the axteat at Perth in the'lxa a► operation,mvint or rowo� or the Aldrich Agrea> ; rnpmhensive age poly of lPxaotaeAtant of a eu to or the . public liability insuranc0 With x to the Windplim? "set fm*in to Aldrich Ag rarttraats;and observwm of and 1 valid laws,orditttxa an ,atatutea,ot4co and cornpttattca,in all jna(tariat respctots,with all tion ar try of tiro WindpUme '. ragtttations relatMg to or arising frttn "cr >l to 1Vindpiant"', the and with the requiremsnta of gov ttal ,and ( tit and Alddrdt Age �,and des,pep Yt > 4 oxtratt sat fo�ttt in the �,loss, peaeltics,oiairna and t the pTa of Aawwr'4*9 all 'a failure o�d1Y with 'laws,�, ectlana xe tba tculttn>l from the i ded th>,4 om fonoing indagwity of Axe by damages,t Clai "and j statutes,orders and r�at< � t�9r y partnerodp shalt not apply to any such liability, or of its obligatiarta under'he act3ona arlstng out of or related to a breach by Assiga rarnt and/or the Manne t - t,the bowtmdon Agr options and Malntenaw i Agrowent). 04 A�1t� �. Ass(grtor hereby�� 1.6 warrrtnta to the padnmwp that: �'s - - EHtslr tee -711 . . C.�:.:.w.. 1 It has the power t aadteisiUty to asadegn���nrita tius srt>easeatcnts and au,go. f aroated by this��oo with tws Age M=4�� and to sublease a pordcm of the Aldrich "joy a A&MMent tuts been bidding iy mar,edfareeMe a8�tt bAttwx sad is the legal,valid apraxdance with its teurtta; been InAdl(Wo (h), - The�� as desesoiibbed is iL ' altcsed,supp>emoted or atrraeded the tHoa iva dais of the respeatl�eii►►it has good and lea title to the 9"ntnents; Basements is May 1, 1493 aan all sums due under the der an a of A �'°�or through the data hereof;it is not is incised urgeddeav t under con o�F l BncrMbnusat Permits,and no event has scour land no condition constitute a dafaalt tinder giving of notice or the lapse of time or body,will wd�t the lets. Sstbaoks or meat P�pilts; and all of the lgsemana,getbrwiu an p 1g are in foil foss and affewl; {c)' The srrbt�ctttents; subllt�aea and LiGeaaes,anted hereby axe free and dear of all liens and aneumb which would h's�or interfere�MY�� r'�a ed with the Partnership's 090YnMt of its rights udder this ASCMDW4 and made no prior tlaneor or Y",of the subeasetr�tts,sublime and Idol emoted hereby to any other person or (d) It has good and insnnrable;title to the leasehold and events masted by the Aldrich Agreements,subject to exxtalm rights in and to the Aldrich ' Agrcamenis p ly granted by Assignor pursuaat to agtvameats entered into in . conneatian with the aale and/or financing of other windmills and taof ariu�P t a°d facilltlej as described in that omt&Sublease AgroernWt,d as of May 30, uncL991 and r recorded in the Official Records of Riverside COWty on bby 81, 1991 as with the Net. 1837.52t which rights will not impair or interlbro hr crag► t.it ai of In x whir the p�ip"s enjoyment of its rights under this Agroamcnt;It is rtat hx material endear i the Aldrich Agreements;and the Aldrich Aga+eemeurts save in frill force and effect; l (e) to Subleag ortratai hereby is fires artd da&of ell hears and aencumbrances which would impaiar or interfew in any marWd4 respell with the t ship"a a n o. t of its rights under this Agree Mot;and.Assignor has nW6 no prior rasped �d�or fslg tent of the gubiew maeatcxl hereby to gny other person or entity, j (t) No c�asent of any Owner yr Aldrich is re4.u�in� y with the c Utitm of the subatsmouts, aubliconP or the Mien .-1 this Agreement 1i omits in favor of the pmwerstilp or with the creation Of a any'Ate" rot) o Qn or the Aldrich Property(including any maatgags or in co subxquexat sale with the sale and/or financing of the Wiadl►laaaP"or in connection with any of the Windplant' pursumtt to f mvaosure of any such mortgage or pledge(including, without limitation,the Deed of'TYuat); and S l i erasers 6 10 4•t NCH1BiT "A-7t' t,. r. No oonmt of any other parson is ogoko i in Mm otfua with ' the oraation of the aubcwments or subltcettM,the Sublease or ft Lioeaaos 9"t►is Agreement creates in fav"of the P""WhiP,and as of&a data hors,no consent of tM M y o o a is mgtdred In oopnootion with the��'°�by (except for such cotssemts as the ns en dinip by this P�aMMIIiP)• , independent oontractual imm Of obligattana emUered 4 1..9 Assignor oovarnP►ta to rho Parinerabip that Asalgnt6 Wo - time to time eatehed the terra of each of tho Bageti4emts th a ts and!if Sr�14� respective lament or Setbacks,as n moo,,�dW sndh axis ne later' doing surd for the Term of thta AgraxanL that three,(3)months before this texmisstion of the then current team of such lfiasea ►t• ar will notify then Partnership PMMptly af each atdMdon of any�tiias�aments - SeA tb ]r. 1n additloar,Assignor oovananis and agrees not to nrataaially amend or any of them,without Owning the Oct written t of Wo►�P� ar Setbacks, withheld or delayed• For Pml'o and the harder, which consent shall Wish be turtreasodabY t to an eaaemeat or Sew s1 of the preceding sentence,the materiailty of any arsum t be detmud►ed by rec ce to whether it adverMAY af�faate or interferes with tin parhsershiP's enjoymedt of its rights undex this Avanent. i (b) Assignor eovearants to tho Paxtnembip that Assigaor will frnm time to Hme extendthis term of this I W6e Agreement(as dcsadbexi�£o��'l�crm If 80 � ther4n,as ne onsary to the L aase Agreement in force during mouths Won the Agreement. Assignor will effect such emensiona no later than i�cd •��hsa by termination of the then current term'of Qhtl a election to extend tho Tom of this A cant tiuil date twelve d notice of the Panne IW notify t>xa partnrzr:ihip promptly ads e� i pursuant to Seation 1.4 hereof. Assignor covenants and agrees to extension of the Lem Agreement. In ad'or either,Assignor i rnatearislly amend the Aldrich Aber oror, of them,without l not be the Prior r wtitton consent of the Partnership and the x ortder,which nce.aconsent shalt not baoff any aeasanably withheld or delayed. For purposes of the Preoeding sentarce, +rdate>zJailtY amendmestt to an Aldrich Agr went shall be determined by reference to whether it adveraesiY ate or interfaces with the ParbrexdWO a 4oYmaxtt-of its riots under this Agtesuitstt, Assignor hereby grants to the Pmtn'WP the right(hut without ' (c) erclsa only if Assignor is In rty imposing a obligstion),which fight the Partnership May ox the P WF a its breach of its duty UM&that Swdun 1,9i and hereby Spec attorney»in-fact,to exercise Assignor's night to mtond the and the terms oOf the ff thetl Aldrich provfded in each basement,and the terms of the SetbwAG, Agreements and the terms of the H towwhment Permits ea nece3sazf' e�the tbrr�e during subamnents, the subliMms,the$ubleaastl and tlttl l icx�tses cxcate Y ar►c!for the Tesrmof�t Agremcat- This and appointment is and appointment beta covenanwh h thm1�n with the lmvocatble. Thisled with an t sxsawssa 11 5 " ' " EXHIBIT "A a I tadl be binding an atl pmms*hslmiag under Assignor,and be for th*banoiit of A psataons diahnin' B under t&LAP- (d) Ammer covenants and agates not to smaQrdAy atsund the } meat pasnnits,or etthsx of dram,ar�at obtasi+adng lda�wdwm conseatt of thus Hnoroaata T+urtneaship and the tcasder,wldcN a.���of��� >Exor pt�vtes of the psreoesling t to nest Euppoch�-remdt s WU be�byf �� � iute,a.with the�p's e�oY,rmnt "i.10 -BWdjgjDM• Asdto'.heby p to flee FArtaursbtp is dglst,but not Its obligation,to Om A er's deftult in,90 df arty is fi condition or agreement*mWned in the Easements, the Setbcla,the AU"AVCCm nts or do fincroaclunent lt'ermits. IMS asdpnua of Amd9 is right to taus is not laft2ded to eteate any Privily of contract or privity of es�ft be wen the PBrlucr iP W()Wore, Aldrich or the issuer of the Bacroachmeat p4mats and is Solelyy intended to assign to the l�arCucrshlp tho right to per£arau any aim t oy•to t�any dadmit by ALOgals aatr usader the ameumts,the Setbadm,the Aldrich Agreements ar than its snsah that the t. 7lae Pa�P may use its partnership can trxotect its rights undo,this Age dSbts under this tieastiors 1.10 only foliawlag the of thirty(30)days after Acts has received written noires of default from sus owner,Alddeh ar the 1 off gmoichanent Pmults; Assigner agx st deliver to�* ,sgbis of*any stash:rode*eithiu three(3)days aver raacelpt by AWSu r-ve� Wierpta $d ha�suadt r axe subject to any rights to cm which Aar r Persons elan x>bjot to the Aldrich Paper p lor.to the data of this Ag> 4 and Assignor avnkm uo soPme ntation eta to Aidrioh's dsligatioa to s say sash cttta. Assignor will upon dssa� pd Wpbursa the PartmsrSVF for all snasomble onsets,feei cuft Or� eaapanses(irscluding=Rsmtable attorneys fes:t and�sa�ai Cksip the Aldrich A� to cure aq deWt of Assignor under an Easerwent, s �osier this 6ecdon 1.to Of th*13noraaohrttautt Permits. Any axes:dao of th>r.PAP' �' � � other not ambt law autu el yma be ddsme without nagCe Or mmodlos it ,Asalgnor have under this AgtWmmnt ar under 1.11 if at any bane Aulp= fails to pssrfarm any OWN on der,the I,'artnex *,without wsrlviug any char 4m or remedies ft may have under this Ag reemc at or unda,gplicablo law,easy Pew any such obligation not pdxfarmed by Assignor,upon nut less than thhty(30)days't?riof vnittsaa srnties to Assignor. Assigner will upanable attoimysc'�and �rinc llii'i'ed in costs,-fees and. (bml�"h pertorradng at prep$rissg to 1 am Y sdctt'otsligtsticm: i 12 ' eFl.l5vaS.6 16 i 9 i• ' 7F� 4. rram. ' ARTI�I r, "od of , WWch� Rot Without the prior writteet tDombi ��p or C� u.,,mwbly withheld,the Pamershtp by t>da pit.(2)any drew by Via'deed of trust err older t boom aegged e�tom. "' y . e win dispose of,(1)the su��� CMaW by W A�u'edt� (3)Snyoflu ar sri ti rnr iatewreat ba►the tba 8ublam e�t�by rids AlAl or ittt in the Lund Holdhlp.( Agteenec� (��► or intent iteterett Sn the drm Sublease esnt.(a)MW right or intarext In (�the Timms�t�y-���� in the t��0ts'Sc=t�► mo,te:d by this APNM"t,or(� Y $h tend Sub s Assi he Y S to(�the 13asespe s end��S(the-Deedof'Trust")whidt Agr t.y�,m a of IPSM uto for the?bwa of Leader. the)?arptersP. erustar, has executed or will a ,S btu in the tub- the of the Deed,of Tamt tt a b tbls A m)p�e)the Ineianh= t mid e eexttaata.,.,censcs and Suble m(avejed y tiro�uod Lea � Security wed dated es o l 1994 between, t of tiila A e 04 led from tins to!into)$md(d)tip this Aft+the antendeed surd topple right Or inteteet t )��by sot(our any► Bb ht or intexeat )Land Heldl�or the aubeemta e>r sublie� � otentsd by� - Suble m ar RAY xigltt ar ini them MY of all or any Aldrich Property, and the I.it� ws(or any right or hitact+ost plIrrtM tt to(1)Lender or its"MOM and essi�.ax(p � t to R JWU al lisradw>� pO lion of the Gallat*nal(at defined in the Deed of [ust)lm�of the sale trot forth In toy the deed lieu or safe in lieu off �g th tPaxt p't f't�g�'n' b deed of trust pe�rmiUed hexd�YUld fro subliMsos,I k*sos and Subloate e b md by the pWp p of the�p h (Or any rig i h moment blIMAes,intered in such I iccnt written consent of Assignor'wt>tt< thezew)�by this Ag nett)Without the p tion of law or otherwise,shall the:p tertltip.t conduct be vohsntarY ar involuntary.by% be void. ARWCLZ UL 3.l Ate$ tills ttaltt• All�n rem containedberdnN Set fOM' pgsetuxtont tarq¢ec1�to be candltlM s to this A� of ,y p let AgimShod the i'afinereld>y default IA any-mawal t�if t o��d to cm�t obligation of the l (50)aday under this Agtr de butt WIND Y(S days slier written n°tic° by Wif au►�wlh take Wtedputner thcf,and y aura Ip ' oulOnSer than fifty(S rya c putft;rthip does not b� d�cfau�lt is dg 0' as teem as teatpsutbly pxactit able alter written nation of such or and continue dWgexutty tc partnership. each litatite>d partner thereof,and Imidar'by Assign { 13 !: .rHssmss i ... . 17 , •x �e jo w-r . EXHIBIT "A-711 pursue such aura,then,subject to 8aatlon 3.3 a, A13lgnoz ma3►(Itrvvlde�d Assgnor*0 Obtains the Flor written cansant of Lender sa longong as the Deed of Trust is in ef4bat, terms naw this Agreemettt,and: (a) bring an xenon to mom gram the parh m"tuty amount to comp to Agar far all doWment pradimatdy mined by the 1PRftGt* ,s neommaybilure to perft m the po tezabip's abligattons under this Agreauael!►t;and brIng an imam in additiott to or in lieu of thears in clause(a)of thfst SWd0n 3.1 to regain Possession of the Land Haldlugs -. Aldrich Prop". The rMxltrs givens.to Asid cgoot i Sse c one. 3.1 hereof pe rtainig to default Rud�4M not remedies down orbamf flowed by hwoof,shall be aumukava Al tneett. law or equity and clwwhere provided in 3.3 Ut• Xf the bendlelmy of any dead of trust the partners*,$intermt jo tha sttbeasesnmtsr the Sublease or permitted henry enaumbhis 0At Mu ds to"inter"t pf the)Paetaershlp in aucb su Lie meA , Subd by this joWS m benettic1W sbxli have sb Bohm sut emetsts, fiublessse or LicatIt b the t0rldcrlhil) 0rld such Ash in reRMWt of dc� for shalt t�iava nn �this ASr e"WIt Or sueoassion by such tte� any other cation with x to 4my default by the excra w any other remody �failure by Ammar or"y pip wbich adsaa out of or slates to any ed to the Agate thereof(as such term is daiine d in the Scbe Jule of Detlaitluns atfncbtar any partidpadon Agz mt)to comply with any term or On of ibis Ag:roamcn to other t)pezativa]?aausaeut(as da�o�n ft Sobe ulcMil Of duatWox0anz0% A nr partMpation Agreement),or the N WHIM any Afiiliatie thereof. rft waiver by Assignor of any bmah by the 3.4 Wit i��s Agraemextt shell nut monad"'a aontiwbg Partnership of any of the p either of the$acra ar a diffezrcnt waiver of any subsequent.bremah by the i'szt MMP .. ............ ... provision of this ApCament. 3.5 &uVns UALRMW y' a gurremkr of the Land Holdiap, tonoxp of the'llrsttt d exicn u or sooner to r nlnation o ibis,ANOMehf-the dip titan(R)S �dub meth granted herein(arid the p&0 neashlp's use and ponoldon of the asaocia andWin ,O din is i to Assignor, (b)as own as pnsalbie and at the FaRrtar MP's cost,ratnove and Tranafozme+xa,and etthar impravamenu placed by the partner rip an the Land Holdings as required by the gasementb,and(tea) as t tred by theMjb=, tntttt erxaap thttt the d pad mount tmnsforrrter apes grant«i h Partnership shall not have to remove Impamme au owned by Atstdgttm', ' ur�asms.a 14 . � EXHIBIT "A--71 1 r� 3 j � ��.�.� :$'�tlF'�"ry•Y••R..pw�{0M1R."C6�7'�Mh^Y�°YIfA^w('KMiMw on expitation of dta (b) the pamterrdtip adtall(a)aNr�er that Tom or sooner tortnhtadon of this Agxeantatt, mated heroin to AasigW,(b) rtion of the AWd,*plo"held parauant to the 8ubleasb ass soon as possible and the a PartY►MMP's cost''Move'U I'Pwv�� ed by�0 as rexi*W by the Aldrich Agxeetnattta,and(e)rotors the eurfim of the AldrichW,"as requited by the Aidd4h ACM,°fit that the parttrexabip shall not havo to reasave hrrpicovamcats owned by anyone other than the Partneirshlp;its sucoassora and axaigrts. Should any liti�adon ba eatxanand bCtWM the 4.1 AdUMUM0en *U Agreement,inelrtdinll the dghts and daubs of either parties to dtis Agreem in suoh litigation shall be rmdded,its addition to party in xebtion hareta,the PaztY Pig such'other rclfaf as.many be granted In the lidgadon,wits ! e�,a. &°e and costs, t as otherwise tnpr y P�d�by laW,any and� a.z t tx{1�• or t�'this AgreMW or by law to be notions or other communicadona><'cP+� i ��r,or ceder shOil be In writing served on or given to the Partrterslillrr paw 1% ,Asolgnor,ax and shall be a ffective when pwom dy delivered to the Para , s,PDOa mod' Lander, or upon reoeipt when,nailed in the United States mail, �a 941i1, addressed to Assignor at 500 Sansoma'Street,gth Plcor,San Francisaa, ' Attendon: dil'loo of the pacers'Courrsei,or to the PartnesCIOstap , M1SI 94111,. Wlndpgwer, Ina.,$00 Summo Street,tith Film,San Fxutttdsco,t�lifo Attend= Office of the Qenezal�> �or to the ParbnaxahlP`s 94111 W Whidpowex, Irro.,5t)0 Sanaome Street,Sth moor.San F �fontla 94108. Any Party may Lender at 650 California Street, 8th Floor,San Fnatclar.cs, written notice of such Chasse a, Change its address for tiro PurPasc of t giving his Section 4.2 by gi g to the other parties in the mmor provided In ibis section. s 4.3 �• This Agreement,and all matters t 8 to two hoJ ; Agreement, at exty need for Interpretadan of this Agremicat, shall be gavemcd by the law of tw reidarts to be performed the State of C,alifatnia�bIe to contracts be een California entirely In Catlfarata. a.a � • Should any provision of dds Agmmcat be held by a court of competent jurisdictionhaA rb6 eltt er 14 fur S. fodr,void and effect,una impaired by th��1g' provisions of this Agream . The suise�ema►ts g.s this Agreement ors aubordinata to all the terms surd 1 and sublimnses and Sublease the Set by neemCnu and the Fnowuhment conditions r sp ctiVeelhe sc as amended(if amended)Prfar t t the Aldrich he data heteaf and arty binding Permtta,respectively, s stnarons.e l$ EXHIBIT "A_7 . _ � N• A tt. , 1• w . Intetpretatton thence,whathat by erbihadon or a dual daafslnn of a ociW of ootnpr temt juxisdiotien. Assignor oovenanth and' to p WMptiy send wtttix:n nodoe to bA d o or hro axshtp and Y.ender of the COMMedt t of any aattpu of pmoeedtng by y t�warzr Assignor(or any parsons*b*g under or through eithet of them)x uft to the enforcement(or attempted en&oement)of MY fit. 4.6 This Agreement than I*bbadhtg uPOn and shad!iaunaW Od ba>eflt n the pazti t beb au b dw s� 44 howevex,that this A�►t t►�sY , �. aMuly provided itr Artiste II hereof. - a.7 Each.Ad U&attached hmM sW be deed fidy set forth at length herein and inaorparaW horda by refat=mho• 4.8 • Th s Agmeurent may be amended only(t)by a wAtag axecuted hr zaaordsbie farm by the paw hexate and(b)whUo the Dead of'1vA is in cfifact,whir the written•con"rrt of Lander. . d.9 raft. The herds intend lost�be it assign n rots AV=ment other dW T.,tft, asd no third patty bene�ea the or beaetidartes under such SvcUdty urrdeur the Csewrrity Ahe bane suo�asort and assigns, A$rcen mat and tb*xjpwd 4.10 Assigno'hcreby Wvtstt W and sib vide Owners or Aldrich,whichever 9PR)Haw,with all nottm re�gttired by The Hasammants or the Aldrioh Agnesu►e�ta,re�ctivat , 1 to pr �'O in connection with the granting of Y , the subeasements end the Sublease contained hare#s'. i . ira ssu�s.a 16 ,:... EA 1113IT "A 7,� �._.�.�.�. ... .....� ! ...,�--.Tw��_�w ...r._ �-•.-�_.�.....•.,�.. ....�.. sue.-..r.••.,..... map 1 _. .r• (f&VO dXCCI�t�WQ"Vow ibis IN WnTOW� � I ds pgtaapaaat as at trio dxtc+t1:at apt foxtri ate. WVWMVM ,1NC., A By. .. .. Vlw,P i 'WINMWMPARTNIM M,I-P., t Ddxwaxo ftw y:D&VA m cnx uxad°°�e� Forum By: ❑.Atv Yids Prodded .. ............. s I ' ..a__.,--..j.4•._ v�. ..'.+"UR: ..+•.h::'x•• gym. ..'....., _ ,. .. - s i EXHIBIT "A_711 STATA OIL CALWORNIA ; COUNTY OF M—&g On�r, 1994, befom Met Q .a Notary PnbUc In and for saW SCrsaaallY fW •�Y to the State,l> person whcee kaawn to the to we that h&Ww-etteouted then acme is nabotbed to the wtthist f ntdtuaet and i;b�.• he iratntmemt the same is bigifim Authorized ci ty,and that by hisJiw algoum t�•insuument Y w Perm,or the entity upon ba1ff of which ft V CKM eced,� Wi.T MS my hand and official Md. [sue a of Gt� COM0996191 owl daYPuWRc— coktgxao Gp��Y`d1.1"7 STATE OF CAUFOR1VTP► � ) COUNTY OF ti ) On 1994,bcfora M. a Notary�ltbliC i t personally in and far said S .paW�Y to the person whose known to me 1 to mo that hdoho©xCcuw the r1a�Aa be hidh lbed to the within i aW OW by W �m 00 the is s"Mont tho saaaa in h t authorized espW Of acted,Cxauted ft instrutawt, ! pcsxspn,or the saltily upon behalf of which tba pexean . i i WrINMS my hwW and official wd- AttteeyyNH eoURNE WU14 HolYueMa- Jt><Cd(omb ' 6APJ�RRMCI�CQCQUHiY Carr�m.�ItM ndaY al.ltror F ! a�asur�.a EXHIBIT "A--711 .�r 4 'Y+ } Comm OF =VMm8► MM MCMM A9 rOx+Yi0 ms im &vmm Cott am FC?L't,mm D8$am= umm " S* Fo = 1093 AH ZMrZXWMW 3XO8. 264300, 164253 AM 164395 AM OF OMC37AL it8OMS OF 87 FMMM C0773ar, chtwommu! f 't'Oi91Y98 !� 68Ls�SR � .4 Emma SAN WO ww 30uDw, ! ]lCC�10T40� '.1fO UMM ON ZCMM !i'I.W 2A3u0rs I MW BOVZMWT pmA1A'8N• Or DiA737 880TxCw 8t - AZOO =OF.PT T88 NO LT RRgPXt UMU $5.00 vmr COMMM x"O CO'O= OF Atmms 3w 3)1=,OcrosD if = 0, 3sat As nwnmm= NO. 70666 OF OMCM MWMO OF 33:VAR8TDA CAs?=, CIiLTBM=l Awo BXwT 'iW 3?0=0" C7CA1tinm To 283 Rmm= COOEM Flifm i C==OL Alf mm OMXM A=Ox DZBM(M ss&CO3aYA0 3�G1iftTB3.` 33, 1067 Ash �MxT U0. 79476 OF OFF1C7GkYi �RDB 0 3' plo4i18m gGiULCTY', ww�0a�ra►. -�_ . avax: AN 1�A8ffid= sm = PoLrA dm D88� INWP3Y = AA Jim F�Ts �r 1993 An ZUSMUM i7f 20. 164250 AM UCMXD VNCXMM 28r "03 An 3U0 Mqn Mo 317108 JMD MM AmIll" " '' TO NAMOMM AUNZOOM $AOOOW VMU= 93, U#4 AO ZWMMMV Fit. 74300 ALL'.CW'OMC= VXWOO OF 23MMI 6 COMWW* - 'TART 3ox=O2i OF "M =X=R3,Y 9,929,00 YAW or NX=OX 9, Wawa=v 3 a==, VAM 4 3AMr GM MEMSOMW MUX MO 30P3=%Mt i=103NCi To'd1TlS O3T3 cm.rm 0333s8.lC vf-L •8OVUM=OF Tim•Bm==LX m OF vzt& i mm " =NCR== 29 1 a TO am COW= OF RZVRR =Xo RNCMBD 0n0l6 8r 3l64 Zu 31= 3115 PAM 410 AO ZXO=Mum 3f0. 70650 Am "m 0, 7.966 A8•2XB=WNM W. $9449 3M OF C7""ZCM VORFA OF axvmw=x Comm, cmzmm,r szom ',C"V 3?OR=m coxv m xO Tim R VMMX C:oum YOCO COYZMOZ, am"ATlCIR C moxzvxi` cu ksaCBTitxt T HS IDS=mCOom oxrA== 14, x9sl As X:xi8TRs7ltlm so. SONSO OF OMOM PSM=s OF 3XVXU10$ cam=, eMPONTIhs mehibie 1.1 EXHIBIT "A-711 K F t ' . �a�V,�f',�_� JfL0S7j�r8:d�lIDt`FM,tlC�NtY"T:^reentw,+•.N. S= 3'►7LliD .zo mmmw MST "2& cw so ow P7 =a 4% PAft 70 of ==VMS OY 001MR2, WC OWS CY VXVM lR COWMI w suno `'Cv41t '1'R6'm2amm v===RD maw= AN R= *0= TM ',1= CRF!"= wssaw FMof Xho8= Aomxwof "Wow ON 3, 3.99A an =MMM 0, X"392 OF OFF== VXWOC O! R"RZDR 00'OB�TX, �E# • PAR= 1 of FAR= MM 31456, A8 BMW 8'X W dR xxim 3M am 88 RAW R7 am* as OF =am w81 M I to 8 or xxvm3ms ODMWX, �,� ��'x,�TT�exd LoT •E�W!�'�x�7C RRAQ1it�T�IN 22CORM 1OVANM 27, 2984 AS � �►• FlS41153 OF. lunwC OF RTVRRSIM-OcrowI EVANOyx A!i U&SIMM CIv'&8; M I=== DESC RMW PRDPBRTT AS 60V Fes,JrN tog,' CMM= KgXoRT OA' lrA88l1F�H"1' AURMM*", RXCDXf81f =X 3 2993 JW =0790T4MM 3W. 16435%. OF oFF.C=" 88 IWO OF RT7ATOE C!om=, oftmu Nm, PAROM 2 OF PAMP M W 1%496, A8 SMM RX MP ON VFAA XAT 80o1C 55 NAM 47-AM? ,gyp_ for )?XWP MP, . Ruams of RTPAYt ns . RRCORMW No'78on 27, 1904 A5 zozwwu T No. 294163 OF Oman RECORDS OF RTVRRB= Com7.'8', CALTFoon. xzmzs An $ASSM w oYEFt TtiYi WMap'P=a DSBC=MD PROPZRM AS AM PORTS 1Li "1`10M4' CRRMM "s?P rm of T018tow AammumT", =CdkDXI) 3W 3, 1993 A5 =PT,6'l OW NO. 1"384 CF OMCZn MOMS OF PXVM=E CQ1fIt+1' , CBLOORMI PARCM 3 OF VARMM MV 11406, A8 SMOM BY Nam+ W F= TR 80a1t 55 PACM8 37 APiD 28 OF P.MMM H"g, 92COlMS OF ATVSBZW CVVN=1 MXronm, Toom7an WZ '8 TMAM LOT WOW As VACAM xv RNSOI+'0'1`xON RBCOIW= XOVMMM 47, A984 AS TN8TRUMM NO. 254295 of OIMZRX" R8==O OF RTii'R WID39 COW" , CNXr0RX=, CHE�Ti AN RuED0Bi'L' am =x waL1.OyPm DI&O(M $Eif ppop3RTX A8 a= mm TS TH" C&'RU= fton= F of RA88NXt T AoRWGW", VZOMXD W= 3, 1993 A8 =aTA0aT No, 164387 RY-RSCORM MUM 1, U93 AA =f3TRUM= We 387240 AND RX-RXCM= Xi RP. IM, UO3 AS TNSMusm no. EL7107 8L7i OF OrnClTA1fe =ODRDR of R7E'IP![R8zox 000NTP/ C MXFORWAf "M www am or In vow low ow asidtaw !U', RRME 4 mum, X&V BZRXM=O an AND =wnNI A=XRD=o wo TM 0!`F=Z" Hin %M203', 4,IMM== OF TM 6'AM VRXMT AS MST= TO TM am= of OAE.TB' 80 = " vMM RfLCafl ID MAYI Soso TN• 210ox lima VAo8 366 OF onxcx rr RICt:O] s or xzvmwTDR CpC5=, CW.TVOWMf XXMPW %VAT P01=0X'OF SM iXV A8 GYRUMM VO UM COM= of • RAVXRB=x now Omnsm MID NAM C(yNvMnT w Dxomzm w A vMw axcoswxv 1p408 21, 7.988 A0 XR8TR0m=No. 33776 Or oyp'3tCTfl1G 3ML-ORDO OF RrmBrDS CtOD2l'1`X, C.'AI,Ty!►oRxi f EXHXBXT 1-2 E 84 + i1 - EXHIBIT "A 11 •i =U.X VIWSONOWVx0=r=O THAT CMTAW RSA).>rR01*7i n $XT�� w w NAYS OF C1WmmNm i` COUNTY or Rx1IRR,am, Am )DIWOt� am "Um, PARCEL isi! That prion•af the.Saath !a f of Saotion6 Telp 3 Ratµ 4 I:aet San Sa tc a1 pint dilmc, in the too a�9' the altar �, of Ca t�arnt : 4Cc Td�ng to the 6CEPT the West'hilf of the Vest MY thereof„ That portion of the Korth half of the North half of SeCticq 91 Ta ip ] South aanr R �gge 4 gnat, im 41ernardim 1eridlan, in the County of 41rarg da, .We of California accardfap to the,officitl plat thereof, lying North of the Sawtharn Pacific Railroad C*bily right of NWI EXCEPT the Rest half of the Vast half theraaf. PARCEL 3:3: That portion of the North half-of the NarthWxt quarter of Section 21 Tawnahip 9 South. Rage 4 Coat, Sea Urnardim Meridian in the County of Riverside, State of California, amordi to the official plat t9areof, lying South of the Southern PAWIc Company right of way. t I r»atv».r Pxhibit 1-3 - - EXHIBIT "A-7" s- El.L- r �70�4Atta�� .. l Grant of amatent and Bammt Agmoemaent between David G.lduek and U.8. Windpawsr,Ina. (now knewn as Reaetedh Wfndpower,Inc.),dated as of �Jpri123,1993,a short form of which was recofdexi in Rivetnldes County, C;alifoxnla on May 3,1li93 as Instrumiremmf Na. 1Gd5S6,es•c.o►'teatad end xrd=rded aA peeemnb�28, 1$9 as Iastrtugaent Na,5177Q8.and as ameamded by e)Emirst Amoadmeat to Basrmcut Agreement dated b 7►�. 1994 and - rcaordcd in ltiverskia County Csfifbmia on Pebru&ry 22, 199�1 as Instrument No.742p0. Grant of I3asemeat and D mement Ap n►ent between Chem Quest Carporadoo and U.B.Windpower,Inc.(Pm known ae Kenetecl'h Windpower,Inc.),daroed as of Apr3123, 1993,a short fomn of which rues recorded In Riverside County,California on May 3, 1 164357 ftd rdreorded on Mtober 1, 1993 as Instrumt No.38TM,as aarreated and remorded on Dcwmmmbex 28, 1993 as Imtrument No,517707. Gmat of Basement and Basement Agreement betweea George Ivanov and U.B. Wimmdpower,Inc.(now known as xamtech wladpower,Inc.),dated as of April,23, 1993,&short form of which was recorded lA Riverside County, Cafifornfa on May 3, 1993 as Instmment No. 164351. Grant ofEasement and Essemeat Agreement betweemt Wellesley Roland Kim and U.B.Windpower,Inc.(now known as Ke cteah Windpower,Inc,),dated as of April 23, 1993,a short form of which was recorded in Riverside County, California on May 3, 1993 as Instrument No, 164354. Grant of Basement and EMment Agreement between Rosa K.Morita-Klan,as Trustee of the Rosa K. Mozila-)Um Revocable Living Trust dated July 2, 1992 and U.B.Windpower, no.(now known as Kenetwh Windpower,Irmo.),dated as of April 23, 1993,a short form of which was recorded 1n Riverside County, California on May 3, 1993 as Instrument No. 164352, i [lzarmt of Basement and 1lmment Agreement tretwexat Victoria L.Rosenthal, i Trustee of tho A. I.Rosm1bal Bxamuption Trust, under Declaration of Trust dated Apfl115;1986;'W1df dA I:.Rd mthal,Trustee-of tho-A-- m-Roamthal Survivor Trust,under Declamation of Trust dated April 25, 1986,Caroilna Cascante as Custodian for Maxmliisn Cascante, Sarah Casmte and Alexander Gregory Cu mmte, under the California Uniform Tfansfm to Minors Act, and Marshall Platt as Custodlan for Arid Platt,under the California Uniform Tctmmmsfaa to Minors Act and U.S.Windpower, Inc.(now known as Konetm oh i I a rmnaxns a Rxhibit 2-1 86 ...3 �. ' EXHIBIT "A-7'1 i JUL WUtd war, IVM darod as of, a 3p 9 as�t Nos. . .. - xdoaad In Rlvardldc ClauMy� 164355, 164330 and 164333. vsttmt.t Exhibit 2.2 (J . EXHIBIT "A--7" SMACK AORUMMM '•n or Agroernat Regarding RWdtW=of Wind Amu Sedraoks aMag David a.Dude, Chem Qncst Corpersthm Md U.S.Windpawar,Im(now known as M24M3CR Windpowc r,Ina),dated as of gctd ar 20, 1993,end reca dad in Rivadde County, California on Da eagw 14,1993 as InatrMe*Na.49M6,and zo-nrdcd on Februng 3, 19914.as Instrument No.046942. - ~- Aptvamt Regardhtg Wucdon of Wind.Amu&ibacka amontg QMP IMW,-. Welleslay Roland Mme and U.S.Windpower,Inc.(now known as KM WrEM Windpower, Ino.),dated as of Pecs ber 1, 1993,and recorded in Riva tda County, California an Dooetnber Sol 1993 as Instrument No.$21924,and re-xecaxded an Frebnao 3, 1994 as Instrument No.046943. Agmn=t Regaft gWduatton of.WindAVAasPetbaoks among David d.lsuck, _ victoria 1. Rosenthd,That a of the A.C.itoaeathal Rmin*n Tivat, under . Declaration of Trust dated April Z,1986,under Dochuation of T,ntat dated April 25, 1986, Carolina Comte as Custodian fer MwnMw CaMM,Sarah Cotanto and Alemdor Gregory Cascante,under the Cafon&Uniform'1'kains&M to Mlaors Act, and Marshall Platt au C ustt lan for Aral IW,under the Ca MWlla Uniform Transfers to Minors Act,and U.S.Windpower,be.(now known as K BNBTMZ Windpower,Inc.),dated as of OcMar A 1993,and reicorded in R#verside County, California on December 14,1993 as Instrument No.49633S and rc:-roeorded on February 3, 1994 as Instrument No.0469". i rrsa,atss Mbibit 2A-1 ww TM A lAw eat botiVpdq C,Ald &to U.S,��,Ina., do-ad as jamsxy S1,'1$91=a atbxt 1�of wft rwn warded in lilva=Wa Caanw,C nb on iQl;6, 1991 a;bonuW No.4M6,with MVW to ttfa lalbwbs POP*! That partim-Off'•the-morth 1x Lt of the-Harlh ham:! rxf Section 21, - I TaMnship l l qIR 4 Saxty 49an 8awdino Keridiem� bll�1� a asftLP of ta's .46 tat L",w�th, the ocuth line of said strip being eaiandents with the north rtgh�-aC-4my XLftsa at � Bentham ravimi-o itail=md aampany. EXCZMXHG THMMMOM mW pnUon lying within the [test half of the Uso, Lemmarsss rights and priviegas, under that certain Snaroactsmant IAcm=s Aytremant, r400 ded ftnuasy 2e, 1935 in the OfIl aial Roaaxds at Itivstmide-Couty as ant No. 18330. z statsa Htl It 3-1 i '?f T •Z mw ExHIBIT AA Asm,04 ti o � 11►en4^a 1+Iatth p� IW 4,Z"WA, dw"`o qt tk3,7 ti:lli mIa Its",40 m" .N�t"AmA tm UNNVA"T�I"t soot 7llau'd Nc�tl►11" 104 W M,A dt of 41,Att W in 11%tblttt 1'�t �lnntn�. pow rk" 1S Wated At tla k)wlt Ytajtjudn*at x paint In the'WOSt am of axle!swim 11,diwtiml t i44,47 font Soath AIM41449 Weat ilre N%lll tht+C`h th�ret wwr tiwtaat; Thanoo Natth 42" W 19"tit,4k 1111 O of(!0,1M(W 10 0 ern tho gwth dghft-o Aattt rwgy ls of t YwttrW a'htm 1�i�litat iwt, ltailm A Camlaa+Yl Thnn Nasth W9'Ali" linel, lei with altl Mmtlh rilkht. 1,X y lira so dirt�at 24.119 DO ..P 4 t11�n1+e of 'Cbnnua Narilt x"Ql'01" Wail N 0l94M of 201,1t1 fw;l to N point Q�No North ign��o llas of N at TWO�tttltom 1 m1fluF�klleK Rallr6ad[ompl rtyl ! •�svx� Itollilt 44 t EXHn3 .- $1 1T ,A 7 h . Ir Tb=aa North 87°SSr S9"EWr paid wlti uld North light: of-Wray Una rind drat 42.50 fed tbtwm.r °of 1142.03 W4 Baca Idorih Sa•08'q9" , &twm of 263.91 fcot to R POW in ft wut Una of owWiatdu$Wu luba� �as j as p8=1 A dWjh Old Dint 6tdttg ha ckpbm rdd W W f point up. ac I . 1 j h.strip of I&W xrnn -give (f5) Rtet irr width earasRa t boa of tam swath fsa�P at '14 a a , east nazoata m x.rtAa s x� w �� �of tug npg riot of the Soatbwre l/eaifL40 VA%I of way (200 tact: lride�, tiro.peat 4 i ld} of m A.d tztra h�gioa goat: strtV of xand b«� a.swelilbbeedd ea olliswTri' - r at tine fora coaxer�et]rt r>datht►arrt: aasnar of tihati sg�mp learn CaliPoxute 7Gdisaa Clop an damuzued is the riabat etiap Meer"'' xaaosdr4 tray 4w R0r Uts. Under MW no. 25091.6r arriaial Raaatdrr of 3tiverwdQa Y� po7Ctharl r`yera]lel With ag _ telY 41,0o x easterly a rig: *l at 1Gp0� or I",to point its ea�t:.ian 1d, >A thj. thsrxl line of Geroat A~*- ,he aide lines of said 20 f0o'h Strip of labs &uL% be langthenad ar ob=ta20d td t.arIJrletal at "1044herlY litre of Garnet A""Ua. 1'ARCI:L C an *Xiatbq Mdr earnas a rlsrip of lend as te" in Width agrhrl that:portion of the XoUth tral! a seotsiosp lot aouthnthe south. itaaga i Cast, ban Aasnrsdina ttor oS tl»r no half of and that yo OR ba�rth sea ux. Xgxnship aatithr � xi liex�dfnua lYl>Y1 naxtA of t�►a41 asu'"d rci tat of ww (too Root wids),.the bent ma of eulid ri7h' va oat wltadlp of lm d b*Lm desoribed an falloMrli tpo�et the fenGa OQkrte�r the boxthxairt aorne r of AsM California lCdiom t1*4& a.std arlbad Sn the 61nt7ritA g"Oi d OlRiaial rtyw O! kiwr7rrt x9 Under rit c:nuu,rt them+M , xis fuetr �henrze no art lttlo'Yoot to apelts S1 the'strathrrlY line of oa><7fet Avanne.rrltdgso said strip_ of leLa lengthened oshorene me totrnnstto atemoutherlYlin ongt 1lvenua. 1 "bita2 rm.uon.e 91 EXHIBIT "A-7" and an caxaemeuk over other exUft roach and lands on the fYy1(MI4 prOPwtYt r•. I xwxaey l.e at: t� eweh•MM as aa. Vow t hii►y traut7►: ����_,_atn�iva gAall�dia,p 1t! ut Stale at flv:iaia. a to t(a,a!f�ittax i+1ht t lam"t, I;Q SM6 eff th &ta Ki~l axcM to Kast_ bait ax t7u ltaat bdc the7aal. IMMC M1 X . Thp�t UM et the Molt h hag Of that north bat at Oaction 7s�r S gad a �a t Ent, San x" i{paa and Nov aa. ali:=tlsu h-yv iaCVI� Rr tiW at tear a� to ekla J10 'F 2. xyL1 worth at thi ftum$=MIN, RaWalzwd a' WSW !¢KMPT the Want: hail!: of the Meth Unif th reac. i Alan: An&aemaael mv4t Llo ma$Arwment bdvm SWhem Callfa mla Gas Company and Kenneth C.AN loll,named in RWaralde Cmmty,COfom h an Fanuuy.29,1985 as hm ment NA.10329. An Haawat mm Xkww AVM=eaxt bed!n=Sw&:m Callfoxnla foA Company and Xmnath C.AMdch,wwrdeat in ldvmlda County, Califonda on Yanuary 29,1995 as huM u►eait - No.18331. nnasorx,� "bit 4-3 EXM1131T 7 I11A_ ,r + _. 1a' r�. a_ Bondi S r� MUMACUaMOM An EMOUbm'zt fit•t4a•b»991044.S=tW by ft of ZVOW& ' 'tYape ziat��n to Mudd mommmt Asuc y t6igo wwwor'dobd �dbradry 14,IW4, An 17,1f193. I • 90 1 cry-yso�i.o' 13yth1Wt y.t EXHIBIT "ATTv 1 - l7,•; 7. •rt The Wiudplaat"COW sysW oondats of(q 51 wind#Alain described bellow,owned by Windpower Partners 1993,LP-(ae such wind tadAm may be up'Badad or replaced ftM thee to tlMt a"W h d Turbim"),(W the transformers described below owned by WWOPOP r PArmers 1993,I-P•(as such transformers roar be upg triad or tlacedm time ib time,a"Tasformer");(iii)the mdeorolaglcal towers dashed below owned by�Win* ,rrra. (as such mNoaodaglcal��aion upgraded or replaced ftom time to tune,a"Moteanologied Tower"),.prod linos And all facilidcs and eVipmM related to the Wind Tuddnas,'I�raus(tiunerv, - Meteorological Towen and txassutlaslon lines, III a. (i)28 Wind Tatblue Sites which are designated on the Vn=13 Plot 1 plan as Tutblaas A 1 thmugh A-3,IaclvsIve,&•I through R-ii,inclusive,ad C-1 thmugh C-17,tuctuslve,(g)2 Meteorological 7owors on Sites which era designated 4 as Ml and M2 on the WIGS 13 Plof Plah,and(tit)11 Tmd5f0rme8 on-Sitm•which i, ale designated on the WHCB 13 Plot Plan as Sites V through T 11,inclusive. As �l used bereft, "WEWSt 13 not piano moans theSite plan entitled"l".oanAGtatClal vim permit No.13,ltavised Awg.No.1 of 1"dated Juno 1993,revised VW,revised ! 12/3193,pteparad by ASL Consulting Bn&eacs,Inc. S he WDCS 15 b. (i,6 Wind Turbines on$ite>a which are designated on t plot purr as Turbines Art thmugh A-6,Inclusive,and(H)2 Tr mftmara on Sites which are designated on the WACS 15 plot p11au is Site&T I and V2,Inclusive. As used hatela, oWACS 15 Plot Plan"mums the Sito Plan eatided"CmnmatoW W;I3C8 No. 15,Revised Dwg.No, 1 of 1"dated 7um 1993,prepared by ASL Consuidng Rngtnem. c, (1)17 Wind Turbinat on Sites which am designated on We.WJICS 16 Plot plan as carbines A-1 thmugh A-17,inclusive, (ii)1 M miogloal'ltnver on a ,. Site which is designated as Ul as the WECS 16 Plot Plan,and(Ili)7 xMWM' on Sites whlah are designaed on the W13CSS 16 plot plan as Sites T-I O Mgh T 7, ;i inclusive,.As Used herein, `VaWS 16 Plot piano moans the Site Plan eAWW Tommomi:al W1)CS P amit No, 16,Roviaod Dwg.No. 1 of 1'dated lows 1993, revised 7/28/93,rowed 11111193,prepared by AM Consulting Englncaxs. • t Poirtiona of t1w Winolant'"am located on the Land HoUiings as dmmW in �. Addittaii9l ira>rsralasion'lines and related facllidear and equipment erg.nr.vttll be - located on the portions of the Aldrich Prtrperty as described in 13xbiblt 3,parcels A wad> of UWWL4 and the mal property which is the subjoct of the Eneroachmant Permits as described in alp". 5 dre•ssarr a &Nblt 6-1 cki a r• r -. 9 Li EXHIBIT "B" DIABLO ROAD A portion of Diablo Road, between 16t' Avenue and Dillon Road, as found in Instrument 157809, recorded September 13, 1982, and Instrument No. 201776, recorded November 9, 1982 and accepted by the.County of Riverside, annexed by the City of Palm Springs as part of Annexation No. 26 on October 5, 1994. A portion of Diablo Road (formerly Oasis Avenue), between Dillon Road and 18t' Avenue, as found in Instrument 134886, recorded June 22, 1984 and Instrument No. 243732, recorded November 9, 1984 and accepted by the County of Riverside, annexed by the City of Palm Springs as part of Annexation No. 26 on October 5, 1994. DILLON ROAD A portion of Dillon Road, near Diablo Road, as found in Instrument 70659, recorded June 9, 1964, and Instrument No. 59449, recorded June 8, 1966 and accepted by the County of Riverside, and annexed by the City of Palm Springs as part of Annexation No. 26 on October 5, 1994. 20TH AVENUE A portion of 20t' Avenue as found in Instrument 157685, recorded July 20, 1984 and Instrument No. 243732, recorded November 9, 1984 and accepted by the County of Riverside, annexed by the City of Palm Springs as part of Annexation No. 26 on October 5, 1994. GARNET AVENUE A portion of Garnet Avenue as found in Instrument 83165, recorded August 6, 1966 and Instrument No. 243732, recorded November 9, 1984 and accepted by the County of Riverside, annexed by the City of Palm Springs as part of Annexation No. 26 on October 5, 1994. 12 EXHIBIT "C-1" LEGAL DESCRIPTION COLLECTOR LINE EASEMENT DIABLO ROAD EL 10.04 EASEMENT 1 BEING A PORTION OF THE SOUTHWEST QUARTER (SW Y4) OF SECTION 9 TOWNSHIP 3 SOUTH, RANGE 4 EAST SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 20.00 FEET IN WIDTH, THE CENTERLINE BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 9 AS SHOWN ON THE RECORD OF SURVEY RECORDED FEBRUARY 19, 1964 IN BOOK 41 OF RECORD OF SURVEY AT PAGE 79, RIVERSIDE COUNTY RECORDS; THENCE SOUTH 00007'25" WEST 501.63 FEET ALONG THE WESTERLY LINE OF SAID SECTION 9, ALSO BEING THE CENTERLINE OF DIABLO ROAD, TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING LEAVING SAID SECTION LINE ALSO LEAVING THE CENTERLINE OF SAID DIABLO ROAD SOUTH 89052'35" EAST 44.00 FEET TO THE EASTERLY EASEMENT LINE OF RIVERSIDE COUNTY PUBLIC ROAD AND DRAINAGE EASEMENT RECORDED JUNE 22, 1984 AS INSTRUMENT NO 134886 RIVERSIDE COUNTY RECORDS. THE SIDELINES OF SAID COLLECTOR LINE EASEMENT ARE EXTENDED TO TERMINATE ON THE EAST EASEMENT LINE OF DIABLO ROAD AND THE CENTERLINE OF DIABLO ROAD. SAID EASEMENT CONTAINS 880 S.F. (0.02 AC.) MORE OR LESS EXHIBIT "C-2" ATTACHED HERETO AND MADE A PART HEREOF EASEMENT 2 BEING A PORTION OF THE SOUTHEAST QUARTER (SE '/) OF SECTION 8 TOWNSHIP 3 SOUTH, RANGE 4 EAST SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 96 EXHIBIT "C-1" LEGAL DESCRIPTION COLLECTOR LINE EASEMENT DIABLO ROAD EL 10-04 A STRIP OF LAND 20.00 FEET IN WIDTH, THE CENTERLINE BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 8 SHOWN ON THE RECORD OF SURVEY RECORDED SEPTEMBER 2, 1987 IN BOOK 79 OF RECORD OF SURVEY AT PAGE 29-32, INCLUSIVE, RIVERSIDE COUNTY RECORDS; THENCE SOUTH 00°07'25" WEST 501.63 FEET ALONG THE EASTERLY LINE OF SAID SECTION 8 ALSO BEING THE CENTERLINE OF DIABLO ROAD, TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING LEAVING SAID SECTION LINE ALSO LEAVING SAID CENTERLINE NORTH 89052'35" WEST 44.00 FEET TO THE WESTERLY LINE OF RIVERSIDE COUNTY PUBLIC ROAD AND DRAINAGE EASEMENT RECORDED JUNE 22, 1984 AS INSTRUMENT NO 134887 RIVERSIDE COUNTY RECORDS. THE SIDELINES OF SAID COLLECTOR LINE EASEMENT ARE EXTENDED TO TERMINATE ON THE WEST EASEMENT LINE OF DIABLO ROAD AND THE CENTERLINE OF DIABLO ROAD. SAID EASEMENT CONTAINS 880 S.F. (0.02 AC.) MORE OR LESS EXHIBIT "C-2" ATTACHED HERETO AND MADE A PART HEREOF �p LAND SG \,� DRU,��o'�GQ No. 6333 � tiry �f oArE IfL'� �P glFof cg-\F � DANIEL DRUMMOND L.S. 6333 EXP. 12-31-12 DATED: i/zv1ii 9-1 PLAT COLLECTOR LINE EASENENT DIABLO ROAD ° > SUS DRU��D GFo dk CONStLY►ICa T `` o .ENGINEERING-PLANNING-CONSTRUCTION APN: 668-270-010 Na 6333 1440 MARIA LANE, SUITE 200 DEC. 2010 WEST j CORNER SECTION 9 T3N, R4E E/%3� � OF r�1.1� EAST CORNER P� a SECTION 8 T3N, R4E — Lo n# t DL.LON ROAD RIVERSIDE CO GRANT DEED (BK 3715/479 5E 1 /4 SECTION 3 5W 1 /4 SECTION 9 6/9/1964) x APN: 668-250-020 N APN: 668-280-017 rl 20' CL COLLECTION LINE 10 44.00' 20' CL n EASEMENT 2 N N 89'5235" w COLLECTION LINE N EASEMENT 1 N R5 RS M3 79/29-32 44.00' PARCEL 1 SCALE:1"=200' 6/22/34 N 89'52'35" w � TPOB 2/ 19/ ] 964 RIVERSIDE CO ROADWAY AND o RIVERSIDE CO ROADWAY AND DRAINAGE EASEMENT DRAINAGE EASEMENT (84-134887L (84-134886 PROJECT BOUNDARY 6/22/1984) I 6/22/1984) —————— EXITITNG EASEMENT RIGHT—OF—WAY 44 RW — — — — SECTION LINE PROPOSED EASEMENT tc 44' RW TPOB TRUE POINT OF BEGINNING POC POINT OF COMMENCEMENT T TOTAL 1016EASE.dwg 10-1016-05 Ali I ' .01 T. 3S. R. 4E W 17 e . , a PARCEL ID ` 668-270-010 w _- � PARCEL ID 668---240-021 r �" W, W. *Iti +.. +iY`, e�'4e k vp � ,d^ 1•. �a r r+Iri� �0'411f psi .*x� '�. '�: wt.ak x ,, i a rl wY,w. 1p Y �. p �7" i ,y +�1►. SE1/4 OF NE1/4 I SW1/4 OF NW1/4 CARTER I SEC 9 R01 M C 8 SE rr— SUBSTATION —961 ' "ww xwr♦ .rw>rw,.a ^�'�r�.�a•?Xe'kJ.e'�WyB, � cry. 4+ o• ,.. rr..-. DILLON RD-- DILLON NE1/4 OF SE1/4 J I COMM HUT SEC 8 ~ 1 R03 NW1/4 OF NW1/4 wsct=eet� EssOs—sss EC 9 �rI PARCEL ID . . rayf aq 668--280-017wY'M�..�Y S� �' y p,,., a ,F- ' PARCEL ID ,17x , 668-250 020w , a 0 U a ` N• �% I irk"' r r u A u a w 16 s y WSG1-00 WSG7 o ta " Mwj ¢ BUCKWIND � SUBSTATION h SUBST " THIS DOCUMENT n °' ORIGINALLY ISSUED AND 0017 SEALED BY RICHARD D. KLINE, PROFESSIONAL ENGINEER, 18136, ON IV 12/06/10. THIS MEDIA I SHOULD NOT BE ` I p CONSIDERED A CERTIFIED 4 I M 4 12.27 DOCUMENT. ER a , WSG1--0018 00 400' 800' P & E EN(;RW WG CO. NEXTERA ENERGY RESOURCES POW SYMM AW=Xo OMM PALM SPRINGS EAST WIND ENERGY CENTER �o om Me RA M.51S9� 01� GrW IA ., a`„,o,s�"q`.ro,'.'.,, ❑IABLO ROAD CROSSING PERMIT REV OAIE PESO FIR APP DES0IPTION DATE 12 01 10 SCALE: REV ISSUED NEX-T-era DESIGNED P&E AS SHOWN 0 FOR CONSTRUCTION ENE R DRAWN DTo DI NO wom. APPROVED ARP b (� 965 ne;su:�cus APPROVED RDK E880�''"65 I R.O.W. CONDUIT. POLYETHYLENE. SDR17, $" ROAD CENTERLINE II ROAD EDGE —- - - - - 'i —DIABLO RD—- - - - - - - 3-750 KCMIL POWER CABLES OPERATING AT 12.47KV & 1 FIBER OPTIC CABLE IN 1" INNERDUCT � I A PLAN VIEW — CRQSSIU2R03 i —m KT.E. R.O.W. � R.O.W. T PAVEMENT�,_�,� 5'-0" MIN. 1 � 8' MIN. BELOW 5'-0" MIN. ...,. -— GRADE �-�- CONDUIT, POLYETHYLENE, SDR17. 8" INSTALL CASING UNDER ROADWAY 5' BEYOND 100' R.O.W. EACH SIDE A SECTION VIEW -- CR SSING R03 ILTM NOTES: 1. INSTALL CABLE PROTECTION AS SHOWN OR ALTERNATE BELL END METHOD OF PROTECTION ON ALL CONDUIT ENDS. 5. PROVIDE AS—BUILT DOCUMENTATION OF GPS COORDINATES OF CROSSING AND CONDUIT LOCATIONS, 6. SEAL ALL CONDUITS WITH EXPANDING FOAM AFTER CABLE INSTALLATION. 7. USE PVC CEMENT TO ATTACH BELL END TO PVC CONDUIT (ALTERNATE METHOD ONLY). 8. USE HDPE—PVC ADHESIVE TO ATTACH BELL END TO HDPE CONDUIT (ALTERNATE METHOD ONLY). THIS DOCUMENT DESCRIPTION ORIGINALLY ISSUED AND 8' PVC HDPE ADHEESSIVE D 95I0252 0 SEALED BY RICHARD D. PVC CEMENT 90253 KLINE, PROFESSIONAL B" PVC SCH40 OR r'1 ENGINEER, 18136, ON HDPE CONDUIT , 12/06/10. THIS MEDIA % r SHOULD NOT BE ROUTER CONSIDERED A CERTIFIED PVC =41 BELL BOTH ENDS DOCUMENT. END 1/2" RADIUS ALTERNATE PROTE ON PRE'MED ROUTERED HDPE END DETAIL P & E EMGDMCMG CO. NEXTERA ENERGY RESOURCES ^ s ww vm we PALM SPRINGS EAST WIND ENERGY CENTER m PtE mo AIIP trA1FD FM 2455.% A 1 ARP '. IAn r�m DIABLO ROAD CROSSING PERMIT P^e^6rmo..^6r.00m REV DATE P= DFTR APP DESCRIPTION DATE 2 01 1SCALE: REV ISSUED ExTer DESIGNED P&E AS SHOWN 1 FOR CONSTRUCTION ENE APPROVED o DT E8809 9fi_L.1APPROVED RDK R.O.W. CONDUIT, POLYETHYLENE, SDR17, 8* I z ....................... ....... ........... .. .... ............ ............... ..... .............................. ... ...................... .... .............. .... ................. GRADER DITCH ROAD CENTERLINE ROAD EDGE ------ --DILLON RD------------ ....... ................ ............ GR.ADER Dl'TCH_..____ .......................... ........ 3-500 KCMIL POWER CABLES OPERATING AT 12.47KV & 2 FIBER OPTIC CABLES IN I" INNERDUCT A /aN PLAN VIEW,-�R2S§IU2 Rfl %Lmm-m KT.& 8' BELOW GRADER DITCH R.O.W. R.O.W. PAVEMENT 5'-0" MIN. 5'-0' MIN. CONDUIT, POLYETHYLENE, SDR17, 8' INSTALL CASING UNDER ROADWAY 5' BEYOND R.O.W. EACH SIDE /—A\SECTION VIEW - CROSSING R@l, \.Z OLT.& NOTES: 11- INSTALL CABLE PROTECTION AS SHOWN OR ALTERNATE BELL END METHOD OF PROTECTION ON ALL CONDUIT ENDS. 5. PROVIDE AS-BUILT DOCUMENTATION OF GPS COORDINATES OF CROSSING AND CONDUIT LOCATIONS. 6. SEAL ALL CONDUITS WITH EXPANDING FOAM AFTER CABLE INSTALLATION. 7. USE PVC CEMENT TO ATTACH BELL END TO PVC CONDUIT (ALTERNATE METHOD ONLY). 8. USE HDPE-PVC ADHESIVE TO ATTACH SELL END TO HOPE CONDUIT (ALTERNATE METHOD ONLY). THIS DOCUMENT DQRIETION ITEM ID ORIGINALLY ISSUED AND 3* C BELL EN 35524 HDPEPV D ADHESIVE 90252 SEALED BY RICHARD D. PVC CEMENT 90253 KLINE, PROFESSIONAL 5' PVC SCH48 OR ENGINEER, 18136, ON HOPE CONDUIT 11/03/10. THIS MEDIA % SHOULD NOT BE ROUTER CONSIDERED A CERTIFIED PVC BOTH ENDS BELL 1/2- RADIUS DOCUMENT. END ALTERNATE BELL END METHOD,OF TABLE PROTECTION PREFERRED ROUTERED HOPE WL2M P & E ENGDMMG CO, NEXTERA ENERGY RESOURCES ARP p"10 w rum ffmw AMY=AM acksm PALM SPRINGS FAST WIND ENERGY CENTER 'E 2 3% Im po�'Qo 071) ARP FOR QoNs7RLcmm I ARP.jn VEMN DILLON ROAD CROSSING PERMIT REV DATE 'tt AM wm Imp I DESCRIPTION DATE 10/04/10 CALE; REV ISSUED NEXTera DESIGNED P&E AS SHOWN __ I FOR CONSTRUCTION ENER DRAWN DTD On NO1, APPROVED ARP APPROVED ROK I E8809-961 0 1. EXHIBIT "D-1" LEGAL DESCRIPTION COLLECTOR LINE EASEMENT DILLON ROAD EL 10-04 EASEMENT 1 BEING A PORTION OF THE WEST HALF (W 1/2) OF SECTION 9, TOWNSHIP 3 SOUTH, RANGE 4 EAST SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A PORTION OF DILLON ROAD, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 20 .00 FEET IN WIDTH, THE CENTERLINE BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 9 AS SHOWN ON THE RECORD OF SURVEY RECORDED FEBRUARY 19, 1964 IN BOOK 41 OF RECORD OF SURVEY AT PAGE 79, RIVERSIDE COUNTY RECORDS; THENCE ALONG THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION, SAID LINE ALSO BEING THE CENTER LINE OF DILLON ROAD SOUTH 89042'34" EAST 1091.13 FEET; THENCE LEAVING SAID CENTERLINE SOUTH 0001726" WEST 55.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY OF SAID DILLON ROAD; THENCE FROM SAID TRUE POINT OF BEGINNING NORTH 00017'26" EAST 110.00 FEET TO THE NORTH RIGHT OF WAY OF SAID DILLON ROAD. THE SIDELINES OF SAID COLLECTOR LINE EASEMENT ARE EXTENDED TO TERMINATE ON THE NORTH AND SOUTH RIGHT OF WAY LINES OF DILLON ROAD. SAID EASEMENT CONTAINS 2200 S.F. (0.05 AC.) MORE OR LESS EXHIBIT "D-2" ATTACHED HERETO AND MADE A PART HEREOF EASEMENT 2 BEING A PORTION OF THE WEST HALF (W 1/2) OF SECTION 9, TOWNSHIP 3 SOUTH, RANGE 4 EAST SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 20 .00 FEET IN WIDTH, THE CENTERLINE BEING DESCRIBED AS FOLLOWS: 102 EXHIBIT 4gD-1" LEGAL DESCRIPTION COLLECTOR LINE EASEMENT DILLON ROAD EL 10-04 COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 9 AS SHOWN ON THE RECORD OF SURVEY RECORDED FEBRUARY 19, 1964 IN BOOK 41 OF RECORD OF SURVEY AT PAGE 79, RIVERSIDE COUNTY RECORDS; THENCE ALONG THE NORTHERLY LINE OF THE SOUTHWEST QUARTER SECTION, SAID LINE ALSO BEING THE CENTER LINE OF DILLON ROAD SOUTH 89042'34" EAST 2002.22 FEET; THENCE SOUTH 0001726" WEST 55.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY OF SAID DILLON ROAD; THENCE FROM SAID TRUE POINT OF BEGINNING NORTH 00017'26" EAST 110.00 FEET TO THE NORTH RIGHT OF WAY OF SAID DILLON ROAD. THE SIDELINES OF SAID COLLECTOR LINE EASEMENT ARE EXTENDED TO TERMINATE ON THE NORTH AND SOUTH RIGHT OF WAY LINES OF DILLON ROAD. SAID EASEMENT CONTAINS 2200 S.F. (0.05 AC.) MORE OR LESS EXHIBIT "D-2" ATTACHED HERETO AND MADE A PART HEREOF EASEMENT 3 BEING A PORTION OF THE SOUTHEAST QUARTER (SE '/) OF SECTION 9 TOWNSHIP 3 SOUTH, RANGE 4 EAST SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A PORTION OF DILLON ROAD, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT "A" (MELISSA LANE) AS SHOWN ON THE PARCEL MAP 11456 RECORDED SEPTEMBER 25,1978 IN BOOK 55.OF PARCEL MAPS AT PAGES 27, RIVERSIDE COUNTY RECORDS, BEING ON THE SOUTH RIGHT-OF-WAY LINE OF DILLON ROAD AS SHOWN SAID MAP; THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF DILLON ROAD NORTH 89042'34" WEST 60.86 FEET; THENCE LEAVING SAID SOUTH LINE, NORTH 00017'26" EAST 20.00 FEET; .103 EXHIBIT "D-1" LEGAL DESCRIPTION COLLECTOR LINE EASEMENT DILLON ROAD EL 10-04 THENCE SOUTH 89042'34" EAST 648.66 FEET; THENCE SOUTH 00017'26" WEST 20.00 FEET TO SAID SOUTH LINE OF DILLON ROAD; THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE NORTH 89042'34" WEST 587.79 FEET TO THE TRUE POINT OF BEGINNING. SAID EASEMENT CONTAINS 2200 S.F. (0.05 AC.) MORE OR LESS EXHIBIT "D-2" ATTACHED HERETO AND MADE A PART HEREOF t,AND DR No. 6333 0 ' 'PATE III, \ DANIEL DRUMMOND L.S. 6333 EXP. 12-31-12 DATED: 104 PLAT 3 COLLECTION LINE COLLECTOR LINE EASEMENT DILLON ROAD ` EASEMENT 3 dk CONSUU NG POB 3 ENGINEERING-PLANNING-CONSTRUCTION i0 s 1440 MARIA LANE, SUITE 200 ^ 0 DLLO O—AP DEC. 2010 0— 4W _f0 NN89_ '348.fifi'o 0 �o 0 Z 587.79' 3 60.86' 89'42'34" W Z NW 1 /4 SECTION 9 20' CL N # COLLECTION LINE 20' CL SCALED:1"=2 0' to SCALE:1 =400 EASEMENT 1 COLLECTION LINE W RS EASEMENT 2 cn L, PARCEL 1 z p W MB 41/79 NE 1 /4 WEST j CORNER �/]�/1��� APN: 668-270-010 o�w z ! SECTION 9 T3N, R4E NN�- SECTION 9 co z I � � � m 0 1 , " " m x N 00'17 2 E N 00*17 2fi E POC 110.00(T 110.00(T) S 00'17'26" W , DLLON ROAD 55.00 —1 - - - - - - - - - - - - - - SEE ABOVE DETAIL - - -� 1091.13 911.09 - - - - N i N 89'42'34" W 2002.22'(T) TPOB 1 TPOB 2 APN: 668— I 0 S 00*17'26" W APN: 668-280-007 LOT "A" Q 2s0—o1 s O APN: 668-280-017 55.00 RS POB 3 RS FARCE L 1 NW CORNER PARCEL 2 € 5 / Sr CT!{J1\1 9 MS ] /79 LOT "A" PM 11456 Md 55/27 MB 55/22 (9/25/1978) 2/ 19/ ] 964 (9/25/1 978) LEGEND � ! PROJECT BOUNDARY p V,ND SU —————— EXITITNG EASEMENT r �F,1.OR[1y �G� W SE 1 /4 RIGHT-OF-WAY ' Q No. 6333 �° SECTION 9 SECTION LINE -� — PROPOSED EASEMENT (J1 TPOB TRUE POINT OF BEGINNING POC POINT OF COMMENCEMENT `9 �rE Sz S W T TOTAL -�� 1016EASE.dwg EXHIBIT 11a S �. A t � Fn .s,"F � � 4 A F •ram '. .r�.'1 1�1: C ' �9ltiu !4':hz ,. v ,� +r+ -I w' r "�`' 5 WSGI"000 " aI F' 11: ` r �TM� a yla w '�? tin t �w y� "3 �i .� a '"�`�°`��u Tr��.�i+r.�'.���QQilllys t��.�,� t ''Xr �•t.w�:''vy\ b� �r :� Yk .v Yy r"AO 4 PARCEL _ i, tl,r fi: 668-270--010 V. t`�ws i'.� �'f 3M •.i x ', r ,��'i�`dS�°��, r� ., ar✓ d 'd'.v+a� # �I Yr 171 "wx�5` !'��* Z�. x" ��•fl- '�' b iv t ak � r w ( ���V'F} {vt�a �, of �� '_'�'�S f;� t s� S y}`. - '�" t `y'�# y r �r ��`` W,S01;-0Q12 �5" 's� fl �IM� 2dnr >. � a �w ttw:h. •r� .rpl g i 5, .�a� 7�a ifs u s 'i, w r EkM1 SE f,1 1 � : S 1 2 C ,£ T. 3S R 4E I Ix a K 3 IJ r RQa 11' �:�,�.•��.„>ta; 3 E880B-861w "��` ' '*�.t �r: \ 8808-962 ' t � 'i) Y - - I y�� t 5 PARCEL IDr€,,a ti� �� ,668-28@-007 �y . 1. $ l• 4 a 4 t ?FK i 1 I ti ^R r� ' i , a t . � t ro a ',Y. { a e tt 4. d t ! M s r r F s hW51i1 0018)y Y . <i ml JI .� 5 e r.•�e"`k��aY' �•sdA^F '`• 3'I3 'VL 4 f a ¢ t �3 l' �. LLJ I PARCEL ID I. 668-28(D-@17 THIS DOCUMENT 1 f - ORIGINALLY ISSUED AND wsct -s3et�, 17 SEALED BY RICHARD D. KLINE PROFESSIONAL 1• x ENGINEER, 18136, ON 1 � ~, 11103110. THIS MEDIA 1 SHOULD NOT BE I, mM7 CONSIDERED A CERTIFIED DOCUMENT. W 400' 800, P k H ENGINEERING Co. RMRA ENERGY RESOURCES PALM SPRINGS EAST WIND ENERGY CENTER sss.en oe�araoaows ru,�.am Fwxsrswaatu em.y.µeuwr e•rvev..�wm. DILLON ROAD CROSSING PERMIT REM DATE DESO DF7R APP DESCR1PiIDH DATE IqT04110 CALE: REV ISSUED N�'X`I"era DESIGNED P&E AS SHOWN Q cc FOR CONSTRUCTION EVER DRAWN ARP DWG NO 1 O Q APPROVED RDK E8809-960 V.-AF11DI I V7J R.O.W. CONDUIT. POLYETHYLENE. SDR1 7. 6" .......................... I ........... ..................................GRADER DITCH.. .. ... ......................................... ........... _ ROAD CENTERLINE II ROAD EDGE -—-—-—- --DILLON RD------—-—-—- ....................... .......... . ............... ...... ....................................---- - DITCH 6 FIBER OPTIC CABLES IN 1* INNERDUCT A PLAN VIEW QROS§ln R02 1UL 8' BELOW GRADER DITCH R.O.W. R.O.W. PAVEMENT 5'-0* MIN. 5'-0' MIN. CONDUIT, POLYETHYLENE, SDR17, 6' INSTALL CASING-UNDER ROADWAY 5' BEYOND R.O.W. EACH SIDE /7\SECTION VIEW -_CRZSING R02 ILTM NOTES: 1. INSTALL CABLE PROTECTION AS SHOWN OR ALTERNATE BELL END METHOD OF PROTECTION ON ALL CONDUIT ENDS. 5. PROVIDE AS-BUILT DOCUMENTATION OF GPS COORDINATES OF CROSSING AND CONDUIT LOCATIONS. 6. SEAL ALL CONDUITS WITH EXPANDING FOAM AFTER CABLE INSTALLATION, 7. USE PVC CEMENT TO ATTACH BELL END TO PVC CONDUIT (ALTERNATE METHOD ONLY). S. USE HDPE-PVC ADHESIVE TO ATTACH BELL END TO HDPE CONDUIT (ALTERNATE METHOD ONLY). THIS DOCUMENT PE5CRIP`TION ITEM ID 6* PVC BELL END 35519 ORIGINALLY ISSUED AND HOPE ADHESIVE 90252 SEALED BY RICHARD D. PVC CEMENT 90253 KLINE, PROFESSIONAL 6" PVC SCH40 OR ENGINEER, 18136, ON HOPE CONDUIT �1 11/03/10. THIS MEDIA % SHOULD NOT BE PVC ROUTER CONSIDERED A CERTIFIED BELL BOTH ENDS DOCUMENT. END 3/8- RADIUS &UMM BELL END MMQD OF CABLE Pa"RRED ROUTERED HDPE END_E82MOON DETAIL P & E ENGD422UNG CO. NEXTERA ENERGY RESOURCES WMW AMY=AM OMM PALM SPRINGS EAST WIND ENERGY CENTER -m ARP M'FH m Ir 0 AW I spo OT_5'��3 , 'gasm - PA.ft. FM Ulu.. AW I AlDILLON ROAD CROSSING PERMIT REV DAZ OM VIR APP DESCRIPTION DATE 10/04/10 REV ISSUED NEXTera DESIGNED PACE AS 1 1 FOR CONSTRUCTION ENE n, DRAWN DTD DWG N04 7 APPROVED ARP APPROVED RDK GALE: E8809-96 EXH181T IND-411 EACH CIRCUIT CONSISTS OF 3-35kV CABLES. CABLE PLACEMENT DETAILS TYPICAL CABLE INSTALLATION SURFACE I 1 1 I 13ACKPILL AS e" MIN SPECIFIED 42" — WAR TO BE DETERMINED NING TAPEMINED I I I I 1 1 I I 1 I I I 1 1 L ---I 18' f I EXCLUDE HEAVY STIFF CLAY, ROCKS, OR OTHER Typ• UNDESIRABLE BACKFILL WITHIN 12" OF CABLES 1 i I I 1 1 I I 1 FIBER CONDUIT r �7_fg Cu GROUND WIRE WHEN REO'D POWER CABLES TO BE RANDOM LAID AT BOTTOM SEE SPECIFICATION SECTION 5.2. OF TRENCH WITH NO INTENTIONAL SEPARATION. DETAIL T1 SINGLE: CIRCUIT DIRECT BURIED CABLES DILLON ROAD (BUCK TO IVNANOV)/ GARNET AVENUE ISSUED FOR CONSTRUCTION REV NO, DESCRIPTION ENC DWN CHKU DATE THIS DOCUMENT _-,- ORIGINALLY ISSUED AND A ORIGINAL DESIGN _ P&E DTI) ARP 10/04/10 SCALED IFY RICHARD D, 0 ISSUED FOR CONSTRUCTION P&E (7 181 D ARP 10/15/10 KLINE, PRO3 ON ENGINEER.THIS ON •,.,.._ •-•.._.._— _ 10/15/10. THIS MEDIA SHOULD NOT BE T CONSIDERED A CERTIFIED 1 O DOCUMENT. ENC' P&E CLIENT/PROJECT: N`,.XTERA ENERGY RESOURCES P & E ENGLNEERING_OR ............................ POWER SYSTEM ANALYSTS A"o orsrcuNEXT DRAWN: DTD PALM SPRINGS EAST WIND ENERGY CENTER 1n65.Gh 01Rn�.51&9aB.3am ENER CHKD: ARP TITLE: LJ pa.�wo FAZ:516y98-313B — TRENCH I DETAILS G."".IAs 7 Iwmn�a®a,Q.�,,, RE80URCE5 APPR: RDK DATE: 10/04/11) SCALE. N.T-S. ow DRAWING NUMBER: E8809-77O REVISION NUMBER: a EXHIBIT "E-1" LEGAL DESCRIPTION COLLECTOR LINE EASEMENT EL 10-04 20TH AVE. EASEMENT BEING A PORTION OF THE SOUTHWEST QUARTER (SW '/a) OF SECTION 16 TOWNSHIP 3 SOUTH, RANGE 4 EAST SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 20 .00 FEET IN WIDTH, THE CENTERLINE BEING DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE BOUNDARY SHOWN ON THE RECORD OF SURVEY RECORDED APRIL 22, 1985 IN BOOK 72 OF RECORD OF SURVEY AT PAGE 94, RIVERSIDE COUNTY RECORDS SAID POINT BEING THE SOUTH TERMINUS ON A LINE BEARING SOUTH 00"00'53" EAST, A DISTANCE OF 686.99 FEET FROM THE CENTER '/ CORNER SECTION 16, T.3.N., R.4.E. AS SHOWN ON SAID RECORD SURVEY; THENCE LEAVING SAID POINT OF COMMENCEMENT SOUTH 43053'01" WEST 15.72 FEET TO THE NORTHEAST CORNER OF A COUNTY ROADWAY AND DRAINAGE EASEMENT RECORDED JULY 20,1984 IN BOOK 1984 PAGE 157685 , RIVERSIDE COUNTY RECORDS; THENCE ALONG THE NORTHERLY EASEMENT LINE OF SAID BOUNDARY NORTH 76008'19" WEST 17.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 00023'26" WEST 88.43 FEET TO THE NORTHERN RIGHT OF WAY OF INTERSTATE 10 REFERENCED ON CAL TRANS RIGHT-OF-WAY MAP PER RIVERSIDE COUNTY FILE 204-481. THE SIDELINES OF SAID COLLECTOR LINE EASEMENT ARE TO BE EXTENDED OR SHORTENED TO TERMINATE ON THE NORTH EASEMENT LINE OF SAID COUNTY EASEMENT AND THE NORTH RIGHT OF WAY LINE OF SAID INTERSTATE 10. SAID EASEMENT CONTAINS 1768 S.F. (0.04 AC.) MORE OR LESS EXHIBIT "E-2" ATTACHED HERETO AND MADE A PART HEREOF 109 EXHIBIT "E-1" LEGAL DESCRIPTION COLLECTOR LINE EASEMENT EL 10-04 GARNET AVE. EASEMENT BEING A PORTION OF THE SOUTH HALF (S 1/2) OF SECTION 16 TOWNSHIP 3 SOUTH, RANGE 4 EAST SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE BOUNDARY SHOWN ON THE RECORD OF SURVEY RECORDED APRIL 22, 1985 IN BOOK 72 OF RECORD OF SURVEY AT PAGE 94, RIVERSIDE COUNTY RECORDS SAID POINT BEING THE SOUTH TERMINUS ON A LINE BEARING SOUTH 00000'53" EAST, A DISTANCE OF 686.99 FEET FROM THE CENTER '/ CORNER SECTION 16, T.3.N., RA.E. AS SHOWN ON SAID RECORD SURVEY; THENCE LEAVING SAID POINT OF COMMENCEMENT SOUTH 43053'01" WEST 15.72 FEET TO THE NORTHEAST CORNER OF A COUNTY ROADWAY AND DRAINAGE EASEMENT RECORDED JULY 20,1984 IN BOOK 1984 PAGE 157685 , RIVERSIDE COUNTY RECORDS; THENCE ALONG SAID NORTHERLY EASEMENT LINE NORTH 76008'19" WEST 17.28 FEET; THENCE SOUTH 00°23'26" WEST 331.11 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT OF BEGINNING BEING THE NORTHERLY RIGHT OF WAY OF "GARNET AVENUE" PER GRANT DEED RECORDED AUGUST 16, 1966 INSTRUMENT NO. 83165 RIVERSIDE COUNTY RECORDS; THENCE FROM SAID TRUE POINT OF BEGINNING ALONG SAID NORTHERLY RIGHT OF WAY SOUTH 76008'19" EAST 10.28 FEET; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY SOUTH 00023'26" WEST 43.67 FEET; THENCE SOUTH 76"08'19" EAST 1153.07 FEET; THENCE SOUTH 00000'00" WEST 18.06 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF SAID GARNET AVENUE; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY NORTH 76008'19" WEST 1188.76 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY NORTH 00023'26" EAST 18.03 FEET; THENCE SOUTH 76008'19" EAST 15.00 FEET; 110 EXHIBIT "E-1" LEGAL DESCRIPTION COLLECTOR LINE EASEMENT EL 10-04 THENCE NORTH 00023'26" EAST 43.67 FEET TO A POINT ON SAID GARNET AVENUE NORTHERLY RIGHT OF WAY; THENCE ALONG SAID NORTHERLY RIGHT OF WAY SOUTH 76°08'19" EAST 10.28 FEET TO THE TRUE POINT OF BEGINNING. SAID EASEMENT CONTAINS 21711 S.F. (0.50 AC.) MORE OR LESS EXHIBIT "E-2" ATTACHED HERETO AND MADE A PART HEREOF 4.© IAND SU DR �G 4 No. 6333 q7 4 rF 12 £OF c L�Fq DANIEL DRUMMOND L.S. 6333 EXP. 12-31-12 DATED: �. 11 PLAT N00'00'53"w CENTER 4 CORNER LEGEND COLLECTOR LINE EASEMBIT 686.99' SECTION 16 T3N, R4E PROJECT BOUNDARY dC CC*MLTiNG I N76'08'19"W —————— EXITITNG EASEMENT ENGINEERING-PLANNING-CONSTRUCTION 28' - RIGHT-OF-WAY 7 1440 MARIA LANE, SUITE 200 TPOB 1 — — — — SECTION LINE DEC. 2010 POC — PROPOSED EASEMENT POC w�,� TPOB TRUE POINT OF BEGINNING j1�_ PN: 668-441-009 ' I 20 POC TOTAL OINT OF COMMENCEMENT TPOB 1 0 VF u FOUND 1 1/4 IRON PIPE Q ,�,, �� SEE DE 20' CL Co Z I N43'53'01"E "LS 5128" PER 72 RS 94 U o o rn w• ABOyE TA![ CZECTjCN 15.72 o Q N - R��kr LINE DETAIL ,� io o°Qo SCALE-1"=50' 00 W W 3 3 o w, C) \ _ z o coN \ , APN: 668-441-010 RI J �C Cl 20' CL _ Z COLLECTION LINE \ 20TH AVE EASEMENT TPOB 2 sEE pET \ Sys ` !v L BE AI �8 rE� LOW I 19 _ N�g•�8 _�` � ` �►•Fiq 10.2 r\�; ` , \ (119 � 266 T/� � ,30 N76 08�19 W _ its TPOB 2 _ } Hwy GARNET rr88.76� � o o 10 ;, AVENUE EASEMENT — o6 o co 18.03' CAR QR , So 10.28 �i►vs , a N APN: 668-441-002 z 'ANT N00'23'26"E o N76 0819 W 'o V D s 81,611 968 3165 i ti DRtI,y� bF� 0 z a No. 6333 y�° 15.00' CA'�NFT A yE �J N76'0$'1 DETAIL rf tz �' ~` SCALE:1"=80' SCALE:1 =200' �O�F c1.�Fo 1016EASE.dwg 10-1016-05 HH Al -' , ' 1P ROJTE CABLE WSG1-003;0 , ` 1 P E ----,a sm TRrAo _ THR lu6H EXISTING Fj - SUBSTATION MANHOLE {MN A13} =1 P JB T1 1 aams—ss _ 1P Ir f Ir REPLACE EXISTING CONDUITS. SEE �����. DWG. E8809--771 •1 F AD . � 88@9-56 INSTALL NEW JCT _ CABINET ON WEST SIDE - Or-EXISTING _ MANHOLE (MH Al 2) }ABANDON EXISTING CONDUITS. - � DIRECT BURY NEW- 1000 KCMIL 1 P` CABLES AND FIBER INNERDUCT - _ F D ABANDON EXISTING CONDUITS. g ; DIRECT.BURY•NEW 1000 KCMIL CABLES .AIVD FIBER INNERDUCT 8809-55 ALDRICH t SUBSTATION , F--i CXHI131T EACH CIRCUIT CONSISTS OF 3-35kV CABLES. FINISHED GRADE 3-3" POWER 1-2"COMM. CONDUITS 10•' STEEL CASING 1. GROUT SEAL CASING ENDS AND BETWEEN CASING AND MANHOLE WALL. DETAIL T3 INTERSTATE CROSSING 20TH AVENUE/GARNET AVENUE ISSUED FOR CONSTRUCTION THIS DOCUMENT REV NO. DESCRIPTION LNG OWN CHKD DATE ORIGINALLY 25SUED AND A ORIGINAL DESIGN P&E I D1D ARP IU/04/16 SEALED BY RICHARD D, 0 ISSUED FOR CONSTRUCTION P&C DTO ARP 10/15/10 KLINE, PROFESSIONAL ENGINEER, 18136. ON I ADOFD TRENCH DETAILS PAF DTD ARP 01/19/11 10/15/10. THIS MEDIA SHOULD NOT BE 114 ` CONSIDERED A CERTIFIED �-• DOCUMENT. P & E_I;NGINEERING CO. LNG: P&E CLIENT/PROJECT: NEXTERA ENERGY RESOURCES POWER WSTsu-nmLTsls nHo oEsccly—"-NEXTeM ^' DRAWN: oro —�- PALM SPRINGS EAST WIND ENERGY CENTER 214 S.Nh 00 :fll""--pM EI V ER 7 CHKD: ARP TITLE: P.o.�vo I'AXt614 9.3133 ---- TRENCH DETAILS eeresa IA xo4r wr�o.�ow�v.wm IIE40URGER APPR: ROK DATE: 10/04/10 SCALE: E--N.T.S. as DRAWING NUMBER: E8809777I RE\hSION NUMBER: 1 EXHIBI ■ "E,3r EACH CIRCUIT CONSISTS OF' 3--35kV CABLES. CABLE PLACEMENT DETAILS TYPICAL CABLE INSTALLATION SURFACE I 1 i I ! BACKFILL AS --�—8" MIN SPECIFIM 42" — 72" I WARNING TAPE TO BE DETERMINED 1 ! 1 1 1 I 1 I 1 ! i 1 1 I L---------J EXCLUDE HEAVY STIFF CLAY, ROCKS, OR OTHER TI'P• I UNDESIRABLE BACKFILL WITHIN 12" OF CABLES 1 1 1 ! 1 1 1 I FIBER CONDUIT J7- 9 Cu GROUND WIRE WHEN REO'D POWER CABLES TO BE RANDOM LAID AT BOTTOM SEE SPECIFICATION SECTION 5.2. OF TRENCH WITH NO INTENTIONAL SEPARATION. DETAIL T1 SINGLE CIRCUIT DIRECT BURIED CABLES DIL.L.ON ROAD (BUCK TO IVNANOV)/ GARNET AVENUE ISSUED FOR CONSTRUCTION THIS DOCUMENT REV NO, DESCRIPTION ENG DWN CHKU DATE ORIGINALLY ISSUED AND q pRIGINAL DESIGN mT PhE DTO ARP 10/p4/10 SEALED BY RICHARD D. 0 ISSUED R CONSTRUCTION P&E DTD ARP 1p/15/t0 KLINE, PROFESSIONAL ON FO ENGINEER. 10/15/10. THISHIS M MEDIDI A I4 SHOULD NOT BE CONSIDERED A CERTIFIED DOCUMENT. µ _ ENC7 P&E CLIENT/PROAEC'T: NEXTERA ENERGY RESOURCES 1> & E ENGTNEEI2ING CD. F.ER.,T,.A.Y. ARu vc.iu% ^ IxT Y" DRAWN: Wo PALM SPRINGS EAST WIND ENERGY CENTER 266,61h ,„ese�nm E' V CHKD: ARP 111LE TRENCH DETAILS P.O.6m M FA%:6i6W 190 �,y��pgT o�+tl�1R� daan flESO YflGE6 .APPR: RDK SCALE: A o-n DRAWING NUMBER: E88U9-77O REVISION NUMBER: O DATE: 10/04/10 wN.T.S.