HomeMy WebLinkAbout02207 - MESA WIND WECS HODEL Mesa Wind Developers (WECS)
Settlement Agr Re City V.
Hodel
AGREEMENT #2207
Signed by Council , Closed Sess
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ORIGINAL 3 OF 3
SETTLEMENT AGREEMENT
PARTIES:
The parties to this Agreement dated as of April 19 ,
1985, are (a) the CITY OF PALM SPRINGS, FRANK M. BOGERT,
RICHARD SMITH, WILLIAM FOSTER, ELI BIRER, and LLOYD MARYANOV
(collectively "CITY" ) , who are plaintiffs in The City of
Palm Springs etc et al . v. Donald Paul Hodel, etc . , et
al . , United States District Court, Central District of
California, Civil Action No . 85-2114-WMB(Tx) , ( "the
Action" ) ; and (b) MESA WIND DEVELOPERS (named as "Mesa Wind
Corp. " as a defendant in the Action) ; ZOND SYSTEMS, INC. ;
ZOND CONSTRUCTION CORPORATION; ZOND CONSTRUCTION CORPORATION
II; PANAERO CORPORATION; PANAERO ALPHA CORPORATION; PANAERO
OMEGA CORPORATION; PANAERO CALIFORNIA, LTD. ; PANAERO ALPHA,
LTD. ; PANAERO OMEGA, LTD. ; MESA CONSTRUCTION COMPANY; MESA
CONSTRUCTION COMPANY II ; ZOND-PANAERO WINDSYSTEM PARTNERS I ;
ZOND-PANAERO WINDSYSTEM PARTNERS II ; ZOND WINDSYSTEMS
MANAGEMENT CORPORATION; ZOND WINDSYSTEMS MANAGEMENT
CORPORATION II ; PANAERO MANAGEMENT CORPORATION; and PANAERO
MANAGEMENT CORPORATION II (collectively "PROJECT PARTIES" ) .
PURPOSE:
The purpose of this Agreement is to achieve a full
and complete settlement of the CITY ' S claims against the
PROJECT PARTIES and its claims with respect to the Right-of-
Way Grant described below, and a full and complete
settlement of all claims of the PROJECT PARTIES against the
CITY arising out of or resulting from the filing of the
Action by the CITY.
RIGHT-OF-WAY GRANT:
This Agreement concerns Right-of-Way Grant, Serial
No. CA-11688-A, issued on January 26, 1983 by the United
States Department of the Interior, Bureau of Land Management
(collectively "BLM" ) for a wind energy development to
PANAERO CORPORATION and assigned by PANAERO CORPORATION to
MESA WIND DEVELOPERS on April 13, 1984, as amended (a copy
of which is attached hereto as EXHIBIT A) , and all
appurtenant access rights ( the "Right-of-Way Grant" ) . The
current Plan of Operation for a wind energy development
project ( the "Project" ) under the Right-of-Way Grant is
attached as EXHIBIT B hereto.
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THE PARTIES AGREE AS FOLLOWS:
1 . Relocation of Generators .
(a) MESA WIND DEVELOPERS shall relocate as
many as 24 generators of those generators indicated on the
site plan attached as EXHIBIT C hereto as is feasible as
determined in the manner set forth hereinbelow. Before
commencement of the feasibility study CITY shall designate
certain generators from those indicated on Exhibit C and
shall provide MESA WIND DEVELOPERS with a priority list of
the order in which generators shall be selected for
relocation if feasible.
(b) MESA WIND DEVELOPERS shall cause a study
to be conducted by Atmospheric Research & Technology, Inc .
(wind study) and Dames & Moore (balance of study) , or any
other entity or entities approved by MESA WIND DEVELOPERS
and CITY, of the feasibility of relocating any or all of the
generators identified by the City pursuant to paragraph l (a)
to other areas located on the Right-of-Way Grant or said
Right of Way Grant as modified by BLM. Said study shall be
commenced no later than thirty days after the Action is
dismissed with prejudice. MESA WIND DEVELOPERS shall use
its reasonable best efforts to have the study completed
within 180 days after commencement thereof.
(c) In analyzing whether relocation of any of
said generators identified by CITY pursuant to
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paragraph l (a) is feasible, said study or studies may
consider factors including cost , energy production, space
for relocated generators, wind energy distribution, turbine
productivity, power transfer system design and power loss,
foundational engineering (soil conditions, earthquake
standards and the like) , and topographical problems (access
for construction and maintenance, visual and other
environmental factors) . Such analysis may include the
effect of installing of a greater number of generators in
less visible areas, if necessary to offset loss of energy
production. The studies shall conclude which, if any,
generators are feasible to relocate. MESA WIND DEVELOPERS
shall furnish copies of said studies to CITY.
(d) The CITY and/or MESA WIND DEVELOPERS may
submit specific comments on the feasibility study or studies
referred to in subparagraph (b) and (c) within 15 days of
receipt of said copies . Failure to comment within 15 days
shall be deemed to be a binding admission by CITY and/or
MESA WIND DEVELOPERS that said study or studies is accurate
and correct in all respects, including its conclusion. In
the event that CITY or MESA WIND DEVELOPERS chooses to
submit comments, the parties shall meet and confer within 15
days after receipt of such comments for the purpose of
attempting to settle any disputes . Should a dispute remain
after the parties meet and confer , the parties shall submit
the dispute to arbitration panel in Los Angeles, California
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for binding aribitration pursuant to the Commercial
Arbitration Rules of the American Arbitration Association
( "AAA" ) . The CITY and PROJECT PARTIES shall each appoint
one arbitrator from the AAA Panel . The two arbitrators
appointed by the parties shall appoint a third neutral
arbitrator who shall act as chairman.
( e) Notwithstanding subparagraphs (a) , (b) ,
(c) and (d) in no event shall any generator be relocated if
any of the following exists :
( 1) The generator would be relocated
into an area visible from the Whitewater River viewshed, or
from Interstate 10 or Highway 111 easterly of the White-
water River , or onto any natural slope greater than twenty-
five percent ( 25% ) slope, unless CITY shall waive such
restriction as to any specific site or sites; or
( 2) The relocated generator would have a
height greater than 155 feet, unless CITY shall waive such
restriction as to any specific site or sites; or
( 3 ) The generator would be relocated to
an area other than included in the Right-of-Way Grant,
unless BLM approves by modifying the Right-of-Way Grant; or
( 4) The costs to MESA WIND DEVELOPERS of
and associated with relocating the generators would exceed a
total of $250 , 000 . 00 for all relocated or added generators ,
in which case CITY may eliminate selected generators from
the priority list to bring the total cost to $250 , 000 or less; or
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( 5 ) If relocation would reduce the total
energy production of the project as provided in the
memoranda identified in subparagraph ( 6 ) below; or
( 6) Any such relocation would not be in
conformance with the confidential Private Placement
Memoranda for Zond PanAero Windsystem Partners I dated
September 7 , 1984 or Zond PanAero Windsystem Partners II
dated February 25 , 1985 ; or
( 7 ) The BLM does not approve the
proposed relocation.
( f) In any event, any relocation of a
generator to another area on the Right-of-Way Grant may only
be made with the prior express written approval of BLM. The
parties agree to use their reasonable best efforts to secure
a decision from BLM within 90 days of the date of request .
(g) In any event , no generator shall be
relocated if such relocation would cause a default by
PROJECT PARTIES , or any of them, of their various agreements
with their bank or banks . If the feasibility study or
studies concludes that any relocation is feasible, MESA WIND
DEVELOPERS will request in writing that the bank or banks
inform the parties that such relocation would not work a
default . If, however , such a relocation would constitute a
default, such generators shall not be relocated.
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2 . Mitigation Measures :
MESA WIND DEVELOPERS shall proceed
expeditiously to implement the following mitigation
measures :
(a) It shall maintain all exposed metal
surfaces of generators ( tower ) with a dull finish ( the
nacelles and turbine blades are fiberglass and not metal ) .
(b) It shall ensure that the nacelles of
those generators designated on EXHIBIT D visible from the
Whitewater River viewshed, Interstate 10 or Highway 111, not
to exceed 200 generators which shall be designated by the
CITY in writing within 30 days of the date of this
Agreement, are completely colored in a dull ( i . e. , non-
glossy) finish with a color selected for compatibility with
the surrounding environment provided, however , that the
present finish and color grey of some nacelles shall be
acceptable if BLM has approved and continues to approve the
use of said color ; any coloring to be performed pursuant to
this provision shall be performed in the course of MESA WIND
DEVELOPERS ' normal maintenance schedule in a period of time
not to exceed 12 months .
(c) It shall reseed graded areas as necessary
with seeds selected by BLM and continue to maintain such
reseeded areas .
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(d) Nothing herein is intended to restrict,
in any way, the ability of BLM to require different or
additional mitigation measures .
3 . Notice to CITY of Changes in the Project .
MESA WIND DEVELOPERS shall provide the CITY
with copies of any proposed amendments to the Right-of-Way
Grant or proposed changes in the Plan of Operations, or any
proposal for substantial changes in the Project submitted to
BLM by MESA WIND DEVELOPERS or on its behalf. The copies
shall be provided to the CITY at the time they are submitted
to BLM.
4 . Further Environmental Assessment .
MESA WIND DEVELOPERS agrees that, in the event
it proposes to make any substantial change to the Plan of
Operations, (attached as EXHIBIT B) which requires BLM
approval , including, but not limited to, enlargement of
acres disturbed; increase in numbers of generators; or
changes in type, size, or capacity of generators, MESA WIND
DEVELOPERS will agree to request in writing that BLM prepare
an environmental assessment and such further environmental
review as may be required under the National Environmental
Policy Act ( "NEPA" ) . MESA WIND DEVELOPERS will offer to pay
for the reasonable cost of preparing said environmental
review. MESA WIND DEVELOPERS shall provide the CITY with
copies of all such requests and all environmental documents
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created as part of any such environmental review and
provided to BLM.
5 . Monitoring Program.
MESA WIND DEVELOPERS agrees to participate in
the BLM monitoring program pursuant to the Right-of-Way
Grant and to cooperate with the Riverside County Wind
Implementation Monitoring Program ( "WIMP' ) to the extent of
contributing an amount not to exceed $34 , 500 and providing
site access and unprivileged information it deems to be non-
proprietary to authorized representative of WIMP upon
reasonable notice.
6 . Dismissal from Action and Waiver of Claim.
(a) The Parties hereto agree that, promptly
after execution of this Agreement by all parties, they will
file a stipulation and proposed order to dismiss MESA WIND
DEVELOPERS from the Action with prejudice in the form of
EXHIBIT E hereto.
(b) For and in consideration of this
agreement and said dismissal with prejudice:
( 1) PROJECT PARTIES agree to forever
discharge CITY its officers, agents and employees from any
and all claims , actions , causes of action, demands, rights ,
damages, costs , expenses, requests for attorneys ' fees , and
compensation whatsoever, known or unknown arising prior to
the date of this Agreement , on account of or in any way
growing out of any and all known and unknown, foreseen and
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unforeseen damage and the consequences thereof resulting
from the commencement of this Action.
( 2 ) CITY agrees to forever discharge
PROJECT PARTIES and their respective officers, directors ,
partners, employees, and agents from any and all claims,
actions, causes of action, demands, rights , damages, costs,
expenses , requests for attorneys ' fees and compensation
whatsoever , known or unknown, arising prior to the date of
this Agreement related to matters set forth in the Action.
( 3) It is further understood and agreed
that all rights under Section 1542 of the Civil Code of
California and any similar law of any state or territory of
the United States are expressly waived by all parties
hereto. Said Section reads as follows :
"A general release does not extend to
claims which the creditor does not know
or suspect to exist in his favor at the
time of executing the release, which if
known by him must have materially
affected his settlement with the debtor . "
( c) Nothing contained in subparagraphs (b) ( 1)
( 2 ) ( 3 ) shall operate as a release of obligations expressly set
forth in this Agreement.
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7 . Valid Right-of-Way.
The CITY hereby acknowledges that the Right-of-Way
Grant is valid. The CITY will not challenge the validity of said
Right-of-Way Grant or NEPA Compliance with respect to the Right-
of-Way Grant as to any activities occurring before the effective
date of this Agreement. Nothing in this paragraph shall be
construed as preventing or estopping CITY from urging BLM other
than by means of a lawsuit to exercise any right or authority
which BLM may have to cause changes to be made in the Project or
by the PROJECT PARTIES. The intent of CITY in entering into this
Agreement, and specifically in this Paragraph 7 , is to
accommodate PROJECT PARTIES in connection with the confidential
Placement Memorandum for Zond PanAero Windsystem Partners II,
financing, or sale of interest in the Project , or a portion
thereof, which might be adversely affected by a challenge to the
validity of the Right-Of-Way Grant or a finding or determination
of invalidity of the Right-of-Way Grant . As a result of this
Agreement CITY acknowledges that it no longer seeks relief in the
Action that affects PROJECT PARTIES as to the Project, as
described in EXHIBIT B.
8. Remedy.
If any party hereto believes that another party
hereto has breached this Agreement, the sole and exclusive remedy
shall be an action for breach of this Agreement . The dismissal
with prejudice and mutual releases provided herein shall remain
in effect notwithstanding any breach of this Agreement .
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9 . Miscellaneous .
(a) Successors - This Agreement is binding upon
and shall inure to the benefit of the parties hereto and each
party ' s respective successors, grantees, sublessees, assigns,
heirs, and personal representatives .
(b) Knowledge and Consent of Parties - The parties
to this Agreement have read and understand this Agreement . The
parties to this Agreement mutually warrant and represent that
this Agreement is executed voluntarily and without duress and
undue influence on the part or in behalf of any party hereto.
(c) Entire Agreement - This Agreement contains the
sole and entire agreement and understanding of the parties with
respect to the subject matter hereof . No representations oral or
otherwise, express or implied, other than those contained herein,
have been made by any party hereto.
(d) Waiver , Modification Termination and
Amendment - No provision hereof may be waived unless in writing
and signed by each party hereto. Waiver of any one provision
herein shall not be deemed to be a waiver of any other provision
herein. This Agreement may be modified, terminated, or amended
at any time by mutual consent , but only by a written agreement
executed by each of the parties hereto.
(e) Attorneys ' Fees - In any action to interpret
or enforce any provision of this Agreement, the prevailing party
shall be entitled to its reasonable attorneys ' fees .
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( f) Titles and Captions - Titles and captions
contained in this Agreement are inserted only as a matter of
convenience and for reference and in no way define, limit,
extend, or describe the scope of this Agreement or the intent of
any provision herein.
(g) Governing Law - This Agreement shall be
construed in accordance with the laws of the State of California.
(h) Execution - This Agreement may be executed in
one or more counterparts, each of which shall be an original but
all of which together shall be deemed to constitute a single
document .
( i ) Notices - Notices required to be given by the
terms of this Agreement shall be given by personal service, or by
deposit of the same in the custody of the United States Postal
Service, postage prepaid, addressed to the party to be served as
follows
(1 ) CITY:
Douglas Evans
City Hall
City of Palm Springs
3200 Tahquitz-McCallum Way
Palm Springs, CA 92262
( 2) PROJECT PARTIES:
Mesa Wind Developers
112 S. Curry St .
Tehachapi , CA 93561
Attn: Kenneth C. Karas
PanAero Corp.
12600 W. Colfax B420
Lakewood, CO 80215
Attn: Marilyn J. Hardy
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The parties hereto may designate replacements to receive
notice on their behalf as necessary. Notices herein shall be
deemed given as of the date of personal service, or two ( 2)
consecutive calendar days after deposit of the same in the
custody of said Postal Service .
( j ) Exhibits - All exhibits to this Agreement
(with the exception of EXHIBIT E hereto) have been provided by
PROJECT PARTIES, who warrant that they are true and correct
copies of said documents and that there are no modifications,
additions, or deletions to said documents except as expressly
noted therein.
IN WITNESS WHEREOF, the parties have caused this
Agreement to be executed and their attorneys have indicated their
approval as to form by their respective signatures in the
appropriate spaces indicated below.
CITY:
THE CITY OF PALM SPRINGS
By
Frank M. Bogert, Mayor
Its Authorized Representative
ATTEST:
(City Seal)
By
City Clerk of the City of
Palm Springs
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The parties hereto may designate replacements to receive
notice on their behalf as necessary. Notices herein shall be
deemed given as of the date of personal service, or two ( 2 )
consecutive calendar days after deposit of the same in the
custody of said Postal Service.
( j ) Exhibits - All exhibits to this Agreement
(with the exception of EXHIBIT E hereto) have been provided by
PROJECT PARTIES, who warrant that they are true and correct
copies of said documents and that there are no modifications,
additions , or deletions to said documents except as expressly
noted therein.
IN WITNESS WHEREOF, the parties have caused this
Agreement to be executed and their attorneys have indicated their
approval as to form by their respective signatures in the
appropriate spaces indicated below.
CITY:
THE CITY OF PALM SPRING.Sj
By
Frank M. Bogeret`; Mayor'—"
Its Authorized' Representative
ATTEST:
(City Seal)' ,..:
City Clerk of the City of
Palm Springs
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THE INDIVIDUAL PLAINTIFFS:
Frank M. Bogert
Richard Smith
William Foster
Eli Birer
Lloyd Maryanov
THE PROJECT PARTIES:
MESA WIND DEVELOPERS,
a California Joint Venture
By its Joint Venturers :
Zond Systems, Inc. ,
a Ca
By V
ornia C ration
Karas
Executive Vice nt
and Chief Operating and
Chief Financial Officer
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THE INDIVIDUAL PLAINTIFFS:
yFrank M. Bogert,,,
R' c rd Safi Fh
G 1 w
William Foster
jEli Birer
'Lloyd Maryahov
THE PROJECT PARTIES:
MESA WIND DEVELOPERS,
a California Joint Venture
By its Joint Venturers :
Zond Systems, Inc . ,
a California Corporation
By
Kenneth C. Karas
Executive Vice President
and Chief Operating and
Chief Financial Officer
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PanAero California, Ltd. ,
a California limited partnership
By its authorized General
Partner :
PanAero Corporation,
a Colorado Corporation
By
Marilyn ,7J. Har'dy,
Vice President "
ZOND SYSTEMS, 1NC. ,
a Ca ifornia Corporation
Kenneth C.
Executive Vice President -
Chief Operating and
Chief Financial Officer
ZOND CONSTRUCTION CORPORATION,
a Ca' ' forn a�Cc oration
By
Kenneth C. Karas,
Senior Vice President -
Chief Financial Officer
ZOND ONSTRUCTION CORPORATION II ,
a Cal fornia Corporation
By Jwq
Kenneth C. Karas,
Senior Vice President -
Chief Financial Officer
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PANAERO CORPORATION,
a Colorado Corporation
By
Marilyn q;., Hatfly,
Vice President l�
PANAERO ALPHA CORPORATION,
a California Corporation
By
@ e
Marilyn J: Harc'y,
Vice President"
PANAERO OMEGA CORPORATION,
a California Corporation
Marilyn J/:/ Hat5y, 1
Vice President
PANAERO CALIFORNIA, LTD. ,
a California Limited Partnership
By its General Partner,
PanAero Corporation
By
Marilyn J(4' Ha,rd/y,
Vice Presidenlltf
PANAERO ALPHA, LTD. ,
a California Limited Partnership
By its General Partner
PanAero Alpha Corporation
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BY
Marilyn J,"� Ha,rdy, V
Vice PresidenY !'
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PANAERO OMEGA, LTD. ,
a California Limited Partnership
By its General Partner
PanAero Omega Corporation,
a California Corporation
By
Marilyn J% Hardy, /
Vice Presidentt/
MESA CONSTRUCTION COMPANY,
a California Joint Venture
By its Joint Venturers :
Zond Construction Corporation,
a Ca iforn' a corporation
By \
Kenneth C. Karas
Senior Vice President-
Chief Financial Officer
PanAero Omega, Ltd. ,
a California Limited Partnership
By its General Partner
PanAero Omega Corporation,
a California corporation
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Marilyn JA1 Hardy, ` �^
Vice President
MESA CONSTRUCTION COMPANY II ,
a California Joint Venture
By its Joint Venturers :
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Zon Construction Corporation II ,
a C iforn ' a -r� oration
B�
Kenneth C.
Senior Vice President -
Chief Financial Officer
PanAero Alpha, Ltd. ,
a California Limited Partner
By its General Partner
PanAero Alpha Corporation,
a California Corporation
By
Mariiyn ,J. Ha' dy, �
Vice President
ZOND-PANAERO WINDSYSTEM PARTNERS I ,
a California Limited Partnership
By its authorized General Partners :
Zond Windsystems Management
Cor oration, a California
Cor ratio
By \ \
Kent Karas,
Senior Vice P ent -
Chief Financial Officer
PanAero Management Corporation,
a California Corporation
ff
Marilyn J�. Ha"rdy; /
Vice President !.
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ZOND-PANAERO WINDSYSTEM PARTNERS II ,
a California Limited Partnership
By its General Partners :
Zond Windsystems Management
oiporati II,
a Cal fornia Corp ation
By
enneth C. Karas,
Senior Vice President -
Chief Financial Officer
PanAero Management Corporation II ,
a California Corporation
By
f�
Marilyn Tj. Ha/rd/y,
Vice President
ZOND WINDSYSTEMS MANAGEMENT
CORP ATION, a fornia Corporation
By
Senior Vice President -
Chief Financial Officer
ZOND WINDSYSTEMS MANAGEMENT
CORPOR TION II a California
Corpo tion
By
K nneth C. Karas,
Senior Vice President -
Chief Financial Officer
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PANAERO MANAGEMENT CORPORATION,
a California Corporation
B
Marilyn J# Hardy;,
Vice President 's
PANAERO MANAGEMENT CORPORATION II ,
a California Corporation
By e J� Ir, ;4x / ,
Marilyn J / Hari"y/,
Vice President
APPROVED AS TO FORM:
WILLIAM J. ADAMS, CITY ATTORNEY
BURKE, WILLIAMS & SORENSEN
By
Attorneys for the City of
Palm Springs and for
Frank M. Bogert, Richard
Smith, William Foster,
Eli Birer and Lloyd Maryanov
MORRISON & FOERSTER
By
Richard D. Fybel
Attorneys for PROJECT PARTIES
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PANAERO MANAGEMENT CORPORATION,
a California Corporation
By
Marilyn J. Hardy,
Vice President
PANAERO MANAGEMENT CORPORATION II ,
a California Corporation
By
Marilyn J. Hardy,
Vice President
APPROVED AS TO FORM:
WILLIAM J. ADAMS, CITY ATTORNEY
BURKE, WILLIAMS & SORENSEN
By
Attorneys forl the City of
Palm Springs, and for
Frank M. Bogert, Richard
Smith, William Foster ,
Eli Birer and Lloyd Maryanov
MORRISON & FOERSTER
By
Richard D. Fybel
Attorneys for PROJECT PARTIES
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1 RICHARD D. FYBEL
k ALAN COPE JOHNSTON — i,.- - �
2 MORRISON & FOERESTER - ! i
333 South Grand Avenue Li
3 Los Angeles, California 90071
Telephone: (213) 626-3800
4 MR 2 (.' 19�5
Attorneys for Defendant
5 Mesa Wind Developers �!
iS h
6 i
ev ,
8 UNITED STATES DISTRICT COURT cx,u��
9 CENTRAL DISTRICT OF CALIFORNIA 10
11 THE CITY OF PALM SPRINGS, a Municipal ) CIVIL ACTION
Corporation of the State of ) NO. 85-2114 WMB (Tx)
12 California; FRANK M. BOGERT, RICHARD )
SMITH, WILLIAM FOSTER, ELI BIRER ) STIPULATION AND
13 LLOYD MARYANOV, Members of the City ) [PROPOSED] ORDER
Council of the City of Palm Springs , ) RE DISMISSAL WITH
14 ) PREJUDICE OF
Plaintiffs , ) DEFENDANT MESA
15 ) WIND DEVELOPERS
V. ) (NAMED AS MESA
16 ) WIND CORP. )
DONALD PAUL HODEL, Secretary of the )
17 Interior; THE UNITED STATES DEPARTMENT )
OF THE INTERIOR; ROBERT F. BURFORD, )
18 Director of the United States Bureau )
of Land Management; ED HASTY, )
19 California State Director, United )
States Bureau of Land Management; )
20 TRANS WORLD WIND CORPORATION, a )
California corporation; CAP. CO )
21 FINANCIAL SERVICES, INC. , a )
California corporation; RENEWABLE )
22 ENERGY VENTURES, INC. , a California )
corporation; SAN GORGONIO FARMS, INC. , )
23 a California corporation; SANDBERG )
WIND CORP. , a California corporation; )
24 CALIFORNIA WIND ENERGY SYSTEMS, INC. , )
a California corporation; and MESA )
25 WIND CORP. , a Colorado corporation )
26 Defendants. )
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1 Plaintiffs City of Palm Springs , Frank M. Bogert, Richard
2 Smith, William Foster, Eli Birer and Lloyd Maryanov are a municipal
3 corporation, the mayor and members of the city council, respective-
4 ly. Plaintiffs filed the above-captioned action on March 28 , 1985
5 against defendant Mesa Wind Developers (erroneously named as "Mesa
6 Wind Corp. ") , among others . Plaintiffs have challenged, among
7 other things, the validity of Right-Of-Way Grant, Serial No.
8 CA-11688-A issued by the United States Department of the Interior,
9 Bureau of Land Management to PanAero Corporation on January 26 ,
10 1983 and assigned to Mesa Wind Developers on April 13 , 1984 (the
11 "Right-Of-Way Grant".) . They have also challenged Mesa Wind
12 Developers ' compliance with certain mitigation measures allegedly
13 imposed on Mesa Wind Developers ' wind energy project located on
14 the Right-Of-Way Grant.
15 Plaintiffs , defendant Mesa Wind Developers and affiliates
16 of said defendant have entered into a Settlement Agreement, dated
17 as of April 19, 1985 , settling all of plaintiffs ' claims against
18 defendant.
19 NOW, THEREFORE, IT IS HEREBY STIPULATED BY THE PARTIES
20 HERETO, BY AND THROUGH THEIR RESPECTIVE COUNSEL:
21 The above-captioned suit be dismissed with prejudice as
22 against Mesa Wind Developers (erroneously named in the action as
23 Mesa Wind Corp. ) .
24 Dated: April 22 , 1985 WILLIAM J. ADAMS, CITY ATTORNEY
CITY OF PALM SPRINGS; and
25 BURKE, WILLIAMS & SORENSEN
26
27 By A ine
~K—a'-t`he��inel�E.�one� �
28 Attorneys for Plaintiffs
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1 Dated: April 22 , 1985 MORRISON & FOERSTER
2
3 /� / �J /
4 By .NY?/V_Ur1_V;�'G ! // z
Richard D. Fyhel
5 Attorneys for Defendant
Mesa Wind Developers
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ORDER
12 IT IS HEREBY ORDERED that the above-captioned suit is dismissed
13 with prejudice as against defendant Mesa Wind Developers (named
14 in the action as Mesa Wind Corp. ) .
15 Dated: APR 2 ` 19g5
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18 ?�+��r, C�r�,y,r��,n� ;° r, 3r
William M. Byrne, Jr.
19 United States District Judge
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RELEASE OF ALL CLAIMS
KNOW ALL MEN BY THESE PRESENTS:
That DEAN WITTER REYNOLDS INC. ( "DWRI" ) , for the
sole consideration of the execution by plaintiffs in The City
of Palm Springs, etc . , et al . v. Donald Paul Hodel, et al_ ,
United States District Court, Central District of California,
Civil Action No. 85-2114-WMB(Tx) ( "the Action" ) , of a Settle-
ment Agreement dated as of April 19, 1985, by the plaintiffs
CITY OF PALM SPRINGS, FRANK M. BOGERT, RICHARD SMITH, WILLIAM
FOSTER, ELI BIRER and LLOYD MARYANOW (collectively "CITY" )
with defendant MESA WIND DEVELOPERS and other parties in-
volved in the purchase and operation of wind turbine genera-
tors by the Zond-PanAero Windsystem Partners I and Zond-PanAero
Windsystem Partners II, which are both California limited
partnerships, in which DWRI has a financial interest, does
hereby and for itself, and its affiliates, subsidiaries,
successors and assigns, acquit and forever discharge CITY,
its agents, officers, employees and successors in interest
from any and all claims, actions, causes of action, demands,
rights, damages, costs, expenses and compensation whatsoever,
which DWRI now has or which may hereafter accrue on account
of or in any way growing out of any and all known and unknown,
foreseen or unforeseen damage and the consequences thereof
resulting or to result from the institution and maintenance
of the Action.
1
• •
It is understood and agreed that this settlement is
in compromise of disputed claims, and that the execution of
said Settlement Agreement is not to be construed as an
admission of liability on the part of CITY and that CITY
denies liability therefor and intends merely to avoid litiga-
tion and buy its peace.
It is further understood and agreed that all rights
under Section 1542 of the Civil Code of California and any
similar law of any State or territory of the United States
are hereby expressly waived. Said Section reads as follows:
1542 . Certain claims not affected by
general release. A general release does
not extend to claims which the creditor
does not know or suspect to exist in his
favor at the time of executing the
release, which if known by him must have
materially affected his settlement with
the debtor.
The undersigned hereby declares and represents that
in making this Release it is understood and agreed, that the
undersigned has relied wholly upon independent legal advice
and the undersigned' s judgment, belief and knowledge of all
of the circumstances and is made without reliance upon any
statement or representation of CITY or its representatives,
or by any other person acting for CITY.
The undersigned further declares and represents
that no promise, inducement or agreement not herein expressed
has been made to the undersigned, and that this Release
contains the entire agreement between the parties hereto, and
2
0 0
that the terms of this Release are contractual and not a mere
recital .
THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND
FULLY UNDERSTANDS IT.
Executed this 61- dayA o£ weaAjf 1955 .
p
DEAN WITTER REYNOLDS INC.
BY
Anders J. Maxwell
Managing Director,
Investment Banking
APPROVED AS TO FORM:
CRAVATH, SWAINE & MOORE
By L C 4,4 J&.7
Paul C. Saunders
Attorneys for Dean Witter
Reynolds Inc.
3
v , r
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
California Desert District
1695 Spruce Street
Riverside, California 92507
RIGHT-OF-WAY GRANT
Serial No. CA 11688-A
Pursuant to Title V of the Federal Land Policy and Management Act of 1976
(43 U .S.C. 1761) , and the authority vested in the undersigned by Bureau Order
No. 701 , as amended , January 21 , 1977 (42 F.R. 3901) , and the regulations in
Part 2800, Title 43, Code of Federal Regulations the UNITED STATES OF P&IERICA
(hereinafter referred to as Grantor) , acting through the Bureau of Land Manage-
ment of the Department of the Interior, hereby grants, subject to valid existing
rights, to PANAERO CORPORATION, Union Plaza Building, Suite 411 , 200 Union
Boulevard, Denver, Colorado 80228 (hereinafter referred to as Grantee) , a
right-of-way across and on those certain Federal lands depicted on the map
attached hereto and identified as Exhibit B, for the construction, operation
and maintenance of a wind energy generation electrical system, transmission
lines, associated structures and access roads within the area of this grant.
In consideration of the mutual covenants hereinafter set forth, the Grantee and
Grantor agree as follows:
Nature of Grant
By this instrument , the Grantee receives a possessory, nonexclusive right to use
certain Federal lands as depicted on the map attached as Exhibit B for the
purpose of construction, operation, maintenance, of those facilities specified
in this grant. The Grantee shall have the exclusive right to develop, produce,
utilize and sell wind energy resources on -these subject lands.
Reservation of Certain Rights to the United States
A. The United States reserves and shall have a continuing right of access to
any part of the lands (including the subsurface of, and the air space above,
such lands) that are subject to the right-of-way, and a continuing right of
physical entry to any part of the right-of-way, for inspection or monitoring
purposes and for any other purpose or reason that is reasonably consistent with
any right or obligation of the United States under any law, regulation, grant,
or other authorization relating in whole or in part to_ all or any part of t�_e
system. Any action by the United States shall not compromise or interfere
with the construction, operation or maintenance of the wind energy system.
J
EXHIBIT, A
! r
B. There is reserved to the United States the right to issue or grant addi-
tional use authorizations to third parties for compatible uses on, or adjacent
to, the land subject to the right-of-way.
C. The Grantee has the right to employ those measures that it dean necessary
to protect the security of the system as approved by the Authorized Officer ,
including related facilities, and may request that any individual wbo purports
to act on behalf of the United States, pursuant to subsections A and B of this
section, furnish it with written authorization from the Authorized Officer.
Location and Limits of Right-of-Way
The location of the right-of-way hereby granted is depicted on the map as set
forth in Exhibit B for the following described lands situated in the County of
Riverside, State of California.
Alta Mesa:
Approximately 68 acres in Section 4,
T. 3 S. , R. 3 E. , SB&M;
North Whitewater :
Approximately 409 acres in Sections 27 , 33, and 34,
T. 2 S. , R. 3 E. , SBBM.
Prior to construction, the Grantee shall furnish BLM a map showing the surveyed
location and size (acres) of the right-of-way issued in conjunction with this
grant. Any rental payment due to the Grantor based on the size (acreage) of the
right-of-way grant shall be adjusted to conform with the surveyed findings upon
approval of the Authorized Officer.
Duration of the Grant
A. The right-of-way grant shall be for a primary term of twenty (20) years from
the effective date of this grant and so long thereafter as wind energy is
produced or utilized in ccumercial quantities, but shall in no event continue
for more than ten (10) years after the. end of the primary term unless prior
thereto it is relinquished, abandoned, or otherwise terminated pursuant to the
provisions of this grant or any applicable Federal law or regulation. If at the
end of that ten-year period wind energy is being produced or utilized in caner--
cial quantities, and the granted lards are not needed for other purposes, the
Grantee shall have a preferential right to a renewal of this right-of-way for a
thirty-year term in accordance with such terms and conditions as the Grantor
deers appropriate.
B. Notwithstanding the expiration or any renewal of this grant or its earlier
relinquishment, abandonment, or other termination, the provisions of this grant,
to the extent applicable, shall continue in effect and shall be binding on the
Grantee, its successors or assignees, wltil they have fully perforTu-d their
respective obligations and liabilities occurriny before or on account of the
expiration or prior termination, of the grant.
Ter�nination
In the case of non-compliance, by the Grantee, with the terms and conditions of
this ,right-of-way grant, the Grantee will be required to comply within thirty
(30) days from the notice of non-compliance. The Grantor will have the option,
at the end of thirty days, to terminate this right-of-way grant if Grantee has
not complied.
Stipulations
The stipulations set forth in Exhibit A,. attached hereto, are incorporated into
and made a part of this Grant as is the Notice to Proceed, the Construction,
Operations, and Maintenance Plan, the stipulations placed upon the Construction,
Operations, and Maintenance Plan, and the parcel map specified in Exhibit B, as
fully and effectively as if they were set forth herein in their entirety.
Reimbursement of Costs
As a condition to the grant of this right-of-way grant and related facilities, the
Grantee shall pay in advance to the Grantor such surrrs as the Secretary shall
determine to be required to reirrfuurse the DepartJrent for all reasonable adminis-
trative and other costs hereafter incurred directly or indirectly by the Depart-
ment of the Interior for: (1) processing applications filed by the Grantee in
connection with the right-of-way granted by this document, including the prep-
aration of special studies; and (2) in inspection and monitoring the construc-
tion, operation, maintenance, and termination of all or any part of the right-of-
way and related facilities.
Rental
A. The Grantee shall pay to the United States an annual rental payable in
advance. One-fifth of the first year's rental is to be paid prior to the execu-
tion of this grant. The remaining amount of the annual rental shall be due and
payable no later than eleven (11) months from the date of this grant. The Grantee
shall make each subsequent annual rental payment on or before the next preceding
anniversary of the effective date of this grant. The annual rental payment shall
be in the amount of $345, 950.00, except as otherwise provided following the ad-
3ustrrent in acreage as a result of the required survey and also as provided in
subsection D of this section.
The respective annual rental payment collected from each parcel will be:
Alta Mesa: $137,360.00 based on $2,020 per acre.
North Whitewater: $208,590.00 (Rental fee will be temporarily
reduced to $145,350.00 as explained in sub-
section D of this section) based on $510
per acre.
3
B. In addition, the Grantee shall pay the Grantor a royalty of two (2) percent
of the gross revenue received from the sale of energy produced from the wind
resource under such right-of-way if the annual rental payment is less than the
royalty. If the royalty provision becomes applicable within the year, the
rental payment for that year shall be applied toward the royalty payment. The
royalty shall be due and payable monthly on the last day of the month next
following the month in which electrical energy is sold , unless the Grantor
designates a later time.
C. Rentals and royalties hereunder may be readjusted in accordance with the Act
and regulations to rates not in excess of the rates provided therein, and not
less than five (5) years from the effective date of this grant.
D. Rental payments for the North Whitewater parcel shall not be assessed for
that portion of the parcel , approximately 124 acres, which is located within the
Wnitewater Wilderness Study Area (WSA) until such time as Congress decides upon
the WSA's wilderness suitability.
Diligent Development
A. Grantee shall diligently proceed with development of the wind energy re-
source. Diligent development means development on or related to the granted
right-of-way, including, but not limited to the execution of a contract of sale
within two (2) years of the effective date of this grant for the energy produced
with a utility. Development shall proceed in accordance with the schedule
contained as part of the Construction, Operations, and Maintenance plan approved
by the Grantor.
B. If the Grantee fails to develop the wind resource within the prescribed time
or to prosecute diligently construction of the number of turbines as provided in
the plan above, the Grantor may cancel this grant and require the Grantee to
forfeit in full its bond (43 CFR 2803. 1-3, 2803.1-4) .
C. The Construction, Operations and Maintenance Plan shall be submitted to the
Grantor for approval no later than twelve (12) months from the effective date of
the grant and 30 days prior to construction, unless otherwise provided by the
Authorized Officer.
Release of Right-of-Way
A. In connection with the relinquishment, abandonment, or other termination
before the expiration of this grant, of any right or interest in the right-of-
way, and/or in the use of all or any part of the lands subject to the right-of-
way, the Grantee shall execute promptly and deliver to the BLM a valid instru-
ment of release in recordable form, acceptable to the Authorized Officer, wfiich
shall be executed and acknowledged with the same formalities as a deed.
B. Each release shall be accompanied by such resolutions and certifications as
the Authorized Officer my require in connection with the power or the authority
of the Grantee, or of any officer or agent acting on its behalf, to execute,
acknowledge, or deliver such release.
4
C. Relinquishment of this grant or any portion of the granted area shall not
relieve the Grantee or its surety from any liability for breach of any obliga-
tion under this grant, including the obligation to make payment of all accrued
rentals and royalties accrued up to the date of relinquishment and to place all
facilities on the granted lands to be relinquished in condition for suspension
or abandonment, and to protect or restore the land so far as it is reasonably
possible to do so, to its original condition to the satisfaction of the Grantor.
Removal of Property on Termination or Expiration of Lease
A. Upon the termination or expiration of this grant in whole or in part , or the
relinquishment of the grant in whole or in part, as herein provided, the Grantee
shall within a period of six (6) months thereafter remove from the granted
lands, no longer subject to the grant all structures , machinery, equipment, and
materials in accordance with applicable regulations and orders of the Grantor.
B. Any structures, machinery, equipment, tools , appliances, and materials,
subject to removal by the Grantee, as provided above, which are allowed to
remain on the granted lands shall become the property of the Grantor on expira-
tion of the six-month period or any extension of that period which may be
granted by the Grantor. If the Grantor directs the Grantee to remove such
property, the Grantee shall do so at its own expense, or if it fails to do so
within a reasonable period , the Grantor may do so at the Grantee's expense.
Liability
A. The Grantee shall be liable for damage or injury to the United States and
third parties to the extent by Section 504(h) of the Federal Land Policy arm
Management Act of 1976 (43 U.S.C. 1764) . Within the limitation specifies
herein, the Grantee shall be held to a standard of strict liability for da;age
or injury to the United States or third parties resulting from construction,
operation, maintenance, and termination of activities within the right-of-way
area; provided; the Grantee shall file with the Grantor and maintain at all
times a bond or insurance policy in the amount of one million dollars
($1 ,000,000) as a condition to the issuance of this grant. The bond or security
shall be furnished to the Authorized Officer no later than 30 days prior to
construction.
B. The Grantee shall abate any condition existing with respect to the construc-
tion, operat.ion, maintenance, or termination of the system that causes or
threatens to cause serious and irreparable harm or damage to any person, struc-
ture, property, land , fish and wildlife and their habitats, or other resource.
Any structure, property, land, fish and wildlife habitats, or other resource
harmed or damaged by the Grantee in connection with the construction, operation,
maintenance or termination of the system shall be reconstructed, repaired , and
rehabilitated by the Grantee to the satisfaction of the Authorized Officer. The
Grantee shall be liable to third parties in accordance with applicable laws for
loss or dam ge to property of others or for bodily injuries' to or the death of
any person arising from or connected with the construction, operation, main-
tenance, or termination of the system.
5
G. The Grantee shall be liable to the United States for any damage suffered by
the United States resulting from the construction, operation, maintenance, or
termination of the system, except where such damage is caused by employees of
the United States acting within the scope of their authority. lnmediately upon
written notice by the Authorized Officer of the nature and amount of such damage
to the United States, the Grantee shall reimburse the United States therefore.
D. The Grantee further shall indemnify and hold harmless the United States, it
agents, and employees against and from any and all demands , claims , or liabil-
ities of every nature whatsoever arising directly or indirectly from or in any
way connected with any or all of the following: (1) the construction, operation,
maintenance, or termination of the system; (2) the approval by the United States
or any agent thereof of any design, plan, construction mode, or research per-
taining to the system or any part thereof; and (3) the use or occupancy whether
authorized or not, by any person of any Public land which is the subject of any
grant or right granted to the Grantee in connection with the system.
Bond
A. Grantee shall file with the Grantor and maintain at all times a security
acceptable to the Authorized Officer to ensure the obligations imposed by this
grant. The amount of the security shall be established in accordance with the
Grantee's plan of operation as approved by the Authorized Officer. The security
shall be maintained by means of a reserve escrow account, bond , insurance
policy, or any combination of the aforementioned.
This security shall be furnished as a condition to the issuance of this grant no
later than thirty (30) days prior to construction.
B. Notwithstanding the provisions of subsection A above, the security .miount
may be reduced in accordance with the Act and regulations not less than five (5)
years from the effective date of this grant, so long as wind energy is produced
and utilized in commercial quantities.
Rights of Third Parties
Nothing in this grant shall be construed to affect any right or cause of action
that otherwise would be available to the Grantee against any person. The United
States and the Grantee do not intend to create any rights under this grant that
may be enforced by third parties for their own benefit or for the benefit of
others.
Right of United States to Perform
If, after thirty (30) days, or in an emergency such shorter period as shall not
be unreasonable following the making of a demand therefore by the Authorized
Officer, the Grantee (or its agents, employees, contractors, or subcontractors)
shall fails or refuse to perform any of the actions required by the provisions
listed in this grant and the stipulations, the United States shall have the
right, but not the obligation, to perform any or all of such actions and the
- Grantee agrees to indemnify the United States for any and all costs or obliga-
tions incurred by the United States in performing any such obligations of the
Grantee under this right-of-way grant.
6
Insolvency
If any time there shall be filed by or against the Grantee or any guarantor
furnishing a guaranty; in any court of competent jurisdiction, a petition in
bankruptcy or insolvency or for reorganization or for the appointment of a
receiver or trustee of all or a portion of the Grantee's or such guarantor's
property, or if the Grantee, or any such guarantor , makes an assignment for the
benefit of creditors or takes advantage of any insolvency act, and in the case
of an involuntary proceeding, within sixty (60) days after the initiation of the
proceeding the Grantee or such guarantor fails to secure a discontinuance of the
proceeding, the Authorized Officer may, if he so elects, at any time thereafter,
declare such to be a breach of this grant or , in cases involving a guarantor,
the Grantee for which the guaranty was furnished.
Liens
The Grantee shall not cause or allow any liens to be placed on the Public lard
covered by the right-of-way in connection with the construction, operation,
maintenance, or termination of all or part of the system.
Assignment
The Grantee may after obtaining written consent of the Authorized Officer,
assign in whole or in part any right, title, or interest in the right-of-way or
in this right-of-way grant. All terms and conditions of this right-of-way grant
shall be binding upon the successor of the assignment.
Inspection
The Grantee shall keep open at all reasonable times for the inspection of any
authorized representative of the Grantor the granted lards and all wind turbine
generators, improvements, machinery and fixtures therein and all production
reports, maps, records, books, and accounts relative to operations under the
grant, and surveys or investigations of the granted lands.
Reports and Other Information
At such times and in such form as the grantor may prescribe, the Grantee shall
submit reports containing the data which it has collected through the monitoring
of air, lard, and water quality and all other data pertaining to the effect an
the environment by operations under the lease. The Lessee shall also comply
with such other . reporting requirements as may be imposed by the Authorized
Officer. The Grantor may release to the general public any reports, maps, or
other information submitted by -the Grantee unless the Grantee shall designate
that information as proprietary and the Authorized Officer shall approve that
designation.
Certification of Nonsegregated Facilities
By accepting this grant, Grantee certifies that Grantee does not and shall not
maintain or provide for Grantee's employees any segregated facilities at any of
Grantee 's establishments , and that Grantee does not and shall not permit
Grantee's Employees to perform their services at any location, under Grantee's
control , where segregated facilities are maintained . Grantee agrees that a
breach of this certification is a violation of the equal opportunity clause of
this grant. As used in this certification, the term "s gregated facilities"
means, but is not limited to, any waiting rooms, u,urk areas, rest rams and wash
rooms, eating areas, time clocks, locker rooms and other storage or dressing
areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and other facilities provided for Employees which are segregated
by explicit directive or are in fact segregated on the basis of race, color,
religion, or national origin, because of habit, local custom, or otherwise.
Grantee further agrees that (except where Grantee has obtained identical certi-
fications from proposed contractors and subcontractors for specific time
periods) Grantee shall obtain identical certifications from proposed contractors
and subcontractors prior to the award of contracts or subcontracts exceeding
$10,000 which are not exempt from the provisions of the equal opportunity
clause; that Grantee shall retain such certifications in Grantee's files; and
the Grantee shall forward the following notice to such proposed contractors and
subcontractors (except where the proposed contractors or subcontractors have
submitted identical certification for specific time periods) . "NOTICE TO
PROSPECTIVE CONTRACTORS AND SUBCONTRACTORS OF REQUIREMENT .FOR CERIIFICATION OF .
_ NONSEGREGATED FACILITES." A Certification of Nonsegregated Facilities, as
required by the order (32 F.R. 7439 , May 19 , 1976) on Elimination of Segregated
Facilities, by the Secretary of Labor , must be submitted prior to the award of a
contract or subcontract exceeding $10 ,000 which is not exempt fr® the provi-
sions of the equal opportunity clause. The certification may be submitted
either for each contract and subcontract or for all contracts and subcontracts
during a period (i.e. , quarterly, semiannually, or annually) .
Nondiscrimination and Equal Employment opportunity
Grantee shall comply with the provisions of Executive Order 11246 of Sept Ember
24, 1965, as amended.
Covenants Independent
Each and every covenant contained in this grant is, and shall be deemed to be,
separate and. independent of, and not dependent on, any other covenant contained
in this grant.
Partial Invalidity
If any part of this grant is held invalid or unenforceable, the remainder of
this grant shall not be affected and shall be valid and enforceable to the
fullest extent permitted by law.
Waiver Not Continuing
The waiver by any party hereto of any breach of any provision of this grant by
any other party hereto, whether such waiver be expressed or implied, shall not
be construed to be a continuing waiver or a waiver of, or consent to, any
subsequent or prior breach on the part of such other party, of the sane of any
other provision of this grant.
Unforeseen Conditions
Unforeseen conditions arising during construction, operation, maintenance, or
termination of the wind energy system may make it necessary to revise or a-,ard
this grant, including the Exhibits hereto, to prevent damage to the envirornniient,
impairment of the physical integrity of the project, or hazards to public health
and safety. In that event, the Grantee and the Authorized Officer shall agree
as to what revisions or amendments shall be made.
Section Headings
The section headings in this grant are for convenience only, and do not purport
to, and shall not be deemed to, define, limit, or extend the scope or intent of
the section to which they pertain.
Authority to Receive Grant
The Grantee represents and warrants to the United States that : (1) it is duly
authorized ard empo�red under the applicable laws of the State of its incor-
poration and by its charter and by-laws to perform pursuant to this grant in
accordance with the provisions hereof; (2) its board of directors, or duly
authorized executive couittee, has duly approved, and has duly authorized, the
execution, deliver, and performance by it of this grant; (3) all corporate and
shareholder action that may be necessary or incidental to the approval of this
grant and the due execution, delivery, and performance hereof by the Grantee has
been taken; and (4) that all of the foregoing approvals, authorizations, and
actions are in full force and effect at the time of the execution and delivery
of this grant.
Compliance
Failure of the Grantee to ccmply with any provisions of this grant or any
applicable provision of Title V of the Federal Land Policy and Management Act of
1976, 43 U.S.C. 1761, shall constitute grounds for supension or termination of
this grant.
Effective Date
This grant shall be effective on date herein stated .
In Witness Whereof, the parties hereto have duly executed this agreement.
UNITED STATES OF �A-ERICA
Date a d E. Hiil2er
District Manager
California Desert District
Bureau of Lard Managament
PANAERO CORPORATION
Title: President
10
I
E GIIBIT A
TERMS AND OaNDITIONS OF GRANT
A. Definitions:
As used in these Stipulafions and elsewhere in this Grant:
"D_,partamst" means the United States Departsnent of the Interior.
"Secretary" means the Secretary of the Department of the Interior.
"Bureau of Land Manage:mnt" means the agency of the Departrrunt to whom the
Secretary has delegated the authority to act on his behalf.
"Authorized Officer" (AO) means the State Director of California, Bureau of
Land Management, or a person delegated to exercise his authority with respect
to this Grant for the land under their jurisdiction.
"Grantee" means: PANAERD CORPORATION!, pursuant to section 8 f herein.
"Public lands" means any lands or interest in land owned by the United
States and administered by the Secretary through the Bureau of Land Manage-
ment, without regard to how the United States acquired ownership, except:
(1) lands located on the Outer Continental Shelf; and (2) lands held for
the benefit of Indians, Aleuts and Eskimos.
"San Gorgonio Pass Wind Energy Project" means the site and related facil-
ities used for the wind energy generated electrical system and for which
this right-of-way is granted which crosses or is located on Public lands.
"Related Facilities" means those structures, devices, improver,r-nts, and
sites, the substantially continuous use of which is necessary for the
operation or maintenance of the system which is located on Public lands and
which is authorized under Title V of the Federal Land Policy and Managem nt
Act of October 21, 1976 (90 Stat. 2776;. 43 U.S.C. 1761) .
"Right-of-Way" means the Public lands authorized to be used or occupied
pursuant to this Right-of-Way Grant.
"Right-of-Way Grant" means an instrlu,ant issued pursuant to Title V of the
act authorizing the use of a right-of-way over, upon, under or through
Public lands for construction, operation, maintenance and termination of
this project, including terms and conditions in Exhibits A and B, in the
"Notice to Proceed," and in the Construction, Operations and Maintenance
Plan.
77
"Access Roads" means the roads constructed or used by the Grantee for
ingress and egress to the right-of-way.
"Notice to Proceed" means a written authorization to initiate construction
of the facilities approved under this grant and may include site-specific
stipulations which shall become a part of the Right-of-Way Grant.
"Construction, Operations and Maintenance Plan" comprises the complete
design documents for the wind energy generated electrical system and access
roads. It shall include contract plans and specifications , proposed
construction methods, schedules, and restoration procedures, and other
considerations pertinent to design and project life expectancy.
"System" means the Wind Energy Generated Electrical System authorized under
this Grant.
"WIG" means Wind Turbine Generator and is defined as a machine that con-
verts the kinetic energy in the wind into a useable form of electrical or
mechanical enrgy. The total height of the WTG includes the height of the
tour and th furthest vertical extension of the blade assemblage. Under
this grant a small WTG is defined as a machine standing 155 feet or less in
total height, a medium WTG is defined as a machine standing between 155 and
250 feet in total height and a large WIG is defined as a machine standing
250 feet or more in total height.
"Temporary use permit" means a revocable nonposs.essory , nonexclusive
privilege, authorizing temporary use of Public lams in connection with
construction, operation, maintenance, or termination of this project.
"Facilities" means improvements constructed or to be constructed or used
within a right-of-way pursuant to this Right-of-Way Grant.
"Stipulations" means the conditions under which this Grant is issued in
addition to the regulations in 43 CFR and other laws that apply. They
include the stipulations contained in Exhibits A and b of this Grant and
the site-specific stipulations to be added as a part of the Notice to
Proceed, and the Construction, Operations, and Maintenance Plan.
B. General Stipulations:
1. Liaison
a. Grantee shall designate a representative for field operations who
shall be the sole field representative of Grantee and Grantee' s
contractors in dealings with the Authorized Officer; said representa-
tive shall be empowered on behalf of Grantee and Grantee 's contrac-
tors, subcontractors, and agents to cou=icate with the Authorized
Officer and to receive and comply with all communications and deci-
sions of the Authorized Officer.
19
b. Grantee shall keep the Authorized Officer informed of any change
in the named Grantee and/or responsible representative, contractors,
subcontractors, or agents, for field operations during construction of
the Line and related facilities.
c. Grantee shall keep the Authorized Officer informed of its prin-
cipal place of business aid of the names and addresses of the prin-
cipal officers at all times during the term of this grant; including
these of contractor , subcontractor(s) and agents.
2. Authorized Officer Responsibilities:
a. The Authorized Officer may, at any time, inspect the on-site
_ construction and maintenance activities of Grantee in connection with
the system. Official representatives of State and other Federal
agencies may also inspect such activites if necessary to the perfor-
mance of official duties which relate to the system to ensure ccmpli-
ance with laws and regulations under their jurisdictions. If the
Authorized Officer finds that the terms and conditions of the grant
are not being complied with, construction may be halted until the
Grantee complies.
b. For purposes of information and review, the Authorized Officer may
call upon Grantee at any time to furnish any or all data related to
preconstruction, construction, and maintenance activiites undertaken
in connection with the line.
c. Except where the approval of the Authorized Officer is required
before Grantee may commence a particular operation, neither the
United States nor any of its agents or employees agrees, or is in any
way obligated , to examine or review any plan, design, specification,
or other document which may be filed with the Authorized Officer by
Grantee pursuant to these terms and conditions (Exhibits A and B,
Notice to Proceed, and the Construction, Operations and Maintenance
Plan) .
d. The absence of any comm✓nt by the Authorized Officer or any other
employee of the United States with respect to any plan, design,
specification, or other document which may be filed by Grantee with
the Authorized Officer shall not be deemed to represent in any way
whatever any assent to, approval of, or concurrence in such plan,
design, specification, or ,other document, or of any action proposed
therein.
3. Orders of the Authorized Officer
a. The Authorized Officer may require the Grantee at any time to
furnish any or all data relative to preconstruction, construction,
operation, maintenance, and termination activities undertaken in
connection with the Wind Energy System.
b. Any decisions or approvals of the Authorized Officer which are
required by these stipulations (Exhibits A and B, Notices to Proceed ,
and the Construction, Operations , and Maintenance Plan) to be in
writing may in emergencies be issued orally, with subsequent confirma-
tion in writing as soon thereafter as possible.
C. Decisions of the Authorized Officer shall be effective upon
issuance and receipt of the decision by the Grantee unless they
specifically provide otherwise.
4. Preconstruction Conference
a. Before construction begins, the Grantee's representative shall
establish a suitable date with the Authorized Officer for a precon-
struction conference. At the conference, the Grantee shall present
the Construction, Operations, and Maintenance Plan, including but not
limited to:
Construction sequences, methods and equipment to be used in all
phases.
Location and extent of surface disturbing activities connected
with each construction phase and restoration plans therefore.
b. The Authorized Officer shall point out modifications, needs, and
actions required to protect resource values and to facilitate con-
struction activities consistent with the right-of-way grant, terns of
the grant or subsequent amendments thereto.
C. All construction personnel shall be given a preconstruction
briefing by the Grantee's authorized field representative on the
stipulations and conditions, as set forth in the right-of-way grant.
5. Plans and Programs
a. Grantee shall submit to the Authorized Officer a comprehensive
Construction, Operations, and Maintenance Plan for study and approval
no later than twelve (12) months from the effective date and thirty
(30) days prior to construction. The plan shall include but not be
limited to the following:
(1) air quality
(2) blasting
(3) , clearing
(4) cultural, archaeological and paleontological resource protection.
(5) environmental briefings
(6) - erosion and sedimentation control
(7) fire control
(8) oil , waste, and hazardous substances control, cleanup and
disposal.
(9) excess material disposal
(10) pesticides, herbicides, chemicals
(11) solid waste management
(12) quality assurance/control
(13) restoration and removal
(14) floodplain construction
(15) surveillance and maintenance
(16) visual resources
(17) wildlife
(18) road design and wind turbine construction, including engineering
specifications (i.e. , WTG site surveys, substation and distribu-
tion line system designs and locations) , borrow sites, stock-
piling and storage areas, specific drainage devices and protec-
tion methods, equipment needs, and rehabilitation measures .
(19) proof of Federal, State and local permits
(20) contingency plan.
b. These plans and programs may be combined as appropriate. They shall
be approved in writing by the Authorized Officer and shall be complied with
by the Grantee. Any aspects of these plans and programs that have a
significant impact upon other facilities shall be coordinated with the
owners or permittees of such facilities during plan development. Coordina-
tion means providing the facility owner, local interest, or permittee an
opportunity to review and comment upon relevant parts of the plans and
programs. The Grantee shall reasonably take these comments into consider-
ation. Coordination does not necessarily mean concurrence unless otherwise
provided herein.
Upon completion of construction and transmission of power to the utility
grid, the Authorized Officer may request that the maintenance plan be
updated to meet changing conditions. Pmendments and revisions of the
maintenance plan shall be approved by the Authorized Officer.
6. Notice to Proceed
a. Grantee shall not initiate any construction activity on public lands
without prior specific permission. Such permission shall be either by
Notice to Proceed issued pursuant to this Grant, a Temporary Use Permit or
other appropriate written authorization.
b. Any Notice to Proceed shall permit construction activities only as
therein expressly stated, and may contain such site-specific terms and
conditions as the Authorized Officer deems- necessary to implement these
stipulations. However, to the extent that the plans and programs submitted
in accordance with Stipulation 5.a. contain adequate site-specific detail
as determined by the Authorized Officer, no additional site-specific terns
and conditions shall be imposed.
c. The Authorized Officer shall not issue a Notice to Proceed until he has
approved the on-the-ground locations of all WTG sites, related facilities,
and temporary use areas.
15
I
d. A Notice to Proceed shall be supported by:
(1) the final Construction, Operations , and Maintenance Plan approved
by the Authorized Officer;
(2) all applicable reports and results of envirormental studies;
(3) a detailed network analysis diagran (schedule) for the construc-
tion segment or segments, including: all engineering and con-
struction related activities and contingencies which reasonably
may be anticipated in connection with the project (i.e. , data
collection activities , submittal, review and approval activities,
construction and postconstruction activities, schedule control
techniques, and applicable permits required by State, County, and
Federal agencies) . The analysis diagram shall be updated as
required to reflect current status of the project.
(4) a map or maps, prepared in such manner as shall be acceptable to
the Authorized Officer , depicting the proposed location of:
(a) the boundaries of all associated temporary use areas ;
(b) all improvements, buried or above ground, that are to be
constructed;
(5) justification statements for all proposed design features or
activities which may not be in conformance with these Stipu-
lations.
e. The Authorized Officer shall issue a Notice to Proceed only wren, in
his judgement, applicable final designs and other submissions required by
Stipulations 5.a. and 6.d. conform to these Stipulations.
f. Prior to beginning construction, the Grantee shall furnish all con-
tractors copies of these stipulations (Exhibits A and B, any add-on stipu-
lations in the Notice to Proceed and the Construction, Operations , and
Maintenance Plan) and explain the limitations imposed.
6. Modifications and Suspension
a. During the preconstruction and construction periods, the Authorized
Officer may require Grantee to make such modification of the system as he
deems necessary to protect or maintain stability of geologic materials,
fish and wildlife habitats, cultural resources, the environment, and the
public interest, without liability or expense to the United States. In
that event, Grantee and the Authorized Officer shall agree as to what
revisions or amendments shall be made. If they are unable to agree, the
Secretary of the Interior shall have final authority to determine the
matter.
1 fi
b. The Authorized Officer at any time may issue a written decision sus-
pending any construction or maintenance activity of Grantee in connection
with the line which, in the judgement of the Authorized Officer, imme-
diately threatens serious or irreparable harm to life (including wildlife
and aquatic life) , property, or the environment. In the event the Author-
ized Officer determines that Grantee has failed or refused to comply with
any provisions of this grant or any permit issued by the Department of the
Interior in connection with the line, and after due notice including a
reasonable time to rectify the problem, he may issue a written decision
suspending any or all of Grantee's construction activities under said grant
and permits. Grantee shall not resume such suspended activities until
given written authorization to do so by the Authorized Officer . Any
dispute arising under this grant shall be decided by the Authorized Officer.
C. Any decision or approvals of the Authorized Officer whirls are required
herein to be in writing may, in emergencies, be issued orally with subse-
quent confirmation in writing as soon thereafter as possible, not to exceed
72 hours.
7. Appeals
Decisions of the Authorized Officer shall be effective upon receipt thereof
by the Grantee unless specifically otherwise provided in any decision. The
regulations of the Department of the Interior relating to hearings and
appeals, 43 M Part 4, and subpart 2804 are applicable to all appeals.
8. General Requirements
a. All valid rights existing on the date of this grant shall be honored.
b. The right-of-way herein granted shall be subject to the express
covenant that it will be modified, adapted, or discontinued in accordance
with the Act if found by the Secretary to be necessary, without liability
or expense to the United States, so as not to conflict with the use and
occupancy of the land for any authorized works which may be hereafter
constructed thereon under the authority of the United States.
C. Grantee shall survey and temporarily mark the exterior limits of the
rights-of-way during construction in a manner that shall not result . in
additional environmental damage. All activities directly or indirectly
associated with the construction or maintenance of rights-of-way must be
conducted within these_ limits unless prior notice has been given to BUM or
the appropriate land-holding agency or individual and permission has been
granted to extend activity beyond the limits of the right-of-way given by
that agency or' individual. Each case must be approved individually.
d. All surveying access along the proposed line shall use existing roads
as much as possible with no roads bladed or cut without proper permits
allowing for such construction.
e. If, at any time, the Grantee wishes to reconstruct, significantly
remodel, or modify any portion of the right-of-way hereby granted , or any
of the improvement thereon, prior written approval of the Authorized
Officer must be obtained. No such approval shall be given unless the
request is fully justified by Grantee and is authorized by law. kh ere
necessary, Grantee shall make application under appropriate regulations.
f. With regard to the location, construction, operations and maintenance
of the wire energy system: (1) Grantee shall ensure full compliance with
the terms and conditions of this grant by its agents, employees and con-
tractors (including subcontractors) , and the employees of each of then; (2)
unless clearly inapplicable, the requirements and prohibitions imposed upon
Grantee by these terms and conditions are also imposed upon Grantee's
agents, employees, contractors, and subcontractors, and the employees of
each of then; (3) failure or refusal of Grantee' s agents , employees ,
contractors, and subcontractors, or their employees to comply with these
terms and conditions shall be deemed to be the failure or refusal of
Grantee; (4) Grantee shall require its agents, contractors, or subcontrac-
tors to include these terms and conditions in all contracts and subcon-
tracts which are entered into by any of them together with its agents,
employees, contractors, and subcontractors, and the employees of each of
them shall likewise be bound to comply with these terms and conditions.
g. Grantee shall comply with applicable Federal, State, and local laws
and all regulations issued thereunder, existing or hereafter enacted or
promulgated , affecting in any manner construction, operation, maintenance,
or termination of the system.
h. Grantee acknowledges and agrees that the grant of this right-of-way
shall be subject to the express condition that the exercise thereof will
not unduly interfere with the management, administration, or disposal by
the United States of the lands affected thereby, and that he agrees and
consents to the occupancy and use by the United States, its grantees ,
permittees, or lessees of my part of the right-of-way not actually occu-
pied or required by the project, or the full and safe utilization thereof,
for necessary operations incident to such management, administration, or
disposal.
i. Grantee shall make separate application, under applicable statutes and
regulations, for additional authorizations to use or occupy public lam's or
natural resources thereon (including, but not limited to sand and gravel) ,
in connection with the system.
9. Construction Requirements
a. The Grantee shall assume all liabilities including, but not limited
to, road location, soil and geologic stability, design, operations thereto,
and maintenance thereafter. The Grantee shall be responsible and liable
for identifying, prior to construction, all activities that may jeopardize
human welfare or equi;ment that can be rectified through coordination with
the Authorized Officer for approval.
b. Tn e Authorized Officer reserves the right to approve, disapprove,
limit, or specify given types of motorized equipment to be used within the
right-of-way per se, or access road, for the purpose of construction,
restoration, or maintenance. Grantee's needs to utilize specific equipment
in specific areas within any given segment, as identified in the Construc-
tion, Operations , and Maintenance Plan, must be identified and justified in
writing to the Authorized Officer for approval.
C. Grantee shall do everything reasonably within its power, both indepen-
dently and on request of any duly authorized representative of the United
States, to prevent and suppress fires on or near the lands to be occupied
under the right-of-way, including making available such construction and
maintenance forces as may be reasonably obtainable for the suppression of
such fires. The applicant will comply with any fire plan submitted by the
land management agency with jurisdiction over lands crossed by the project.
During construction in areas where fire hazards exist, all vehicles and
gas-pred equipment shall be equipped with spark arrestors. A fire
o
patrolman with a pumper-equipped pickup truck shall be on site where
necessary. If required , fire-fighting equipment shall be located in cache
boxes along the right-of-way at strategic locations. All welding, grinding
operations and smoking privileges shall be controlled in fire danger areas.
G.her wRather conditions create an extreme fire danger, construction opera-
tions shall be limited or suspended in specific areas as required by the
applicable authorizing agency. The grantee shall prepare a fire prevention
and suppression plan and submit that plan for approval of the Authorized
Officer no later than 30 days prior to construction. All project personnel
shall be instructed as to individual responsibility in implementation of
the plan. Federal, private, and State interests shall be compensated by
the grantee for suppression and rehabilitation expenses as per existing
statutes.
d. Grantee shall repair such roads, fences, and trails as may be des-
troyed or damaged by construction wark and shall build and maintain neces-
sary and suitable crossings for all roads, trails, and fences that inter-
sect the works constructed, maintained, or operated under this grant.
e. Grantee shall consult with the Authorized Officer 72 hours in advance
on any need to modify or deviate from the approved construction, operations
and maintenance plan concerning any project elements; no precenstruction,
construction, postconstruction, or maintenance activities shall ca-mence on
public lards or lards that may have archaeological, cultural, or paleon-
tological values, without prior approval of the Authorized Officer.
f. The Grantee shall perform all system construction and operations in a
safe and workmanlike manner so as to ensure the safety and integrity o the
system, and shall at all times employ and maintain personnel and equipment
sufficient for that purpose. The following measures shall help ensure
compliance with Occupational Safety and Health Administration (OSHA) and
provide for public and worker safety:
io
(1) Grantee shall take all measures to protect the health and safety
of all persons affected by its activities performed in connection with
the construction, operation, maintenance, and termination of the
system, and shall immediately abate any health or safety hazards.
(2) Grantee shall have a communications system that ensures the
transmission of information required for the safe operation and
maintenance of the system.
(3) Grantee shall comply with speed limits established by the Author-
ized Officer on all roads for purposes of dust-control and public
safety.
(4) Grantee shall perform dust-control measures on all roads, staging
areas, borrow areas, heliports, etc. , when low visibility due to dust
causes a safety hazard.
(5) Grantee shall provide appropriate signing of roads and helicopter
staging areas to provide for public safety, where considered necessary
by the Authorized Officer.
(6) Grantee shall place signs on substations to warn the public of
high voltage.
(7) Grantee shall provide warnings, flagmen, barricades, and any
other safety measures that may be required by the Authorized Officer.
(8) Blasting shall be used only men necessary. Where blasting is
necessary, only certified employees shall use explosives or explosive
materials. The transportation and use of explosives shall be in
compliance with local, State and Federal regulations. Storage places
for explosives and flammable material shall be marked "dangerous."
All cork with explosives shall be performed in such a manner as to
create no endangerment to life or property: blasting shall be
blanketed in areas of human use, landowners in close proximity to the
blasting shall be notified in advance so that livestock and other
property can be adequately protected, a clearance shall be necessary
prior to blasting to ensure that construction personnel and local
residences are out of danger, and blasting shall be controlled or
limited where damage to rock masses may create slope instability.
(9) Perimeter fencing shall be required around wind turbine gener-
ators where access is provided to the WM support structure creating a
safety problem.
(10) All underground transmission lines shall be designed to withstand
rupture or be rapidly repairable.
(11) Grantee shall design all WTGs, switch yard facilities , and
service buildings to meet the Riverside County Uniform Building Code.
A review of those facilities shall be conducted by Riverside County at
the expense of the Grantee.
In
(12) The grantee and grantor will make every effort to discourage the
discharging of long range firearms on Public lards within one (1) mile
of the wind energy systems.
(13) The Construction, Operations , and Maintenance Plan shall be
accompanied by the following certifications:
(a) The foundation, tower, and compatibility of the tower with
the rotor and rotor-related equipment, shall be certified in
writing by an engineer registered in the State of California that
they conform with good ergineering practices and comply with the
appropriate provisions of the Uniform Building Code that have
been adopted by Riverside County.
(b) The electrical system shall be certified in writing by a
registered electrical engineer that it conforms with good
engineering practices and complies with the appropriate provi-
•-sions of the National Electrical Code that have been adopted by
Riverside County.
(c) Each WPG shall be equipped with both manual and automatic
controls to limit the rotational speed of the blade below the
design limits of the rotor.
10. Roads and Access Requirements
a. Grantee shall permit free and unrestricted access to and upon the
right-of-way for all lawful and proper purposes, except areas designated as
restricted by Grantee with the consent of the Authorized Officer in order
to protect public safety, wildlife, livestock or facilities constructed
within the right-of-way. Specific sites (e.g. , archaeological sites, areas
with threatened and endangered species, fragile watershed, etc.) , where
construction equipment and vehicles shall not be allowed shall be clearly
marked on the site by the Grantee before any equipment is brought in. The
Grantee shall be responsible to assure that construction personnel are well
versed in recognizing these markers and that they understand the restric-
tions of equipment movement that are involved.
b. Grantee shall restrict travel to the right-of-way and existing public
roads. Cross-country motor vehicle travel is prohibited .
C. k'ater-bars shall be constructed in roadways where determined necessary
by the Authorized Officer. Roadside drainage ditches shall be constructed
on access roads to reduce water flow and velocity. Drainage ditches shall
be dug at intervals determined by the AO. Roads shall be 'but-sloped" as
much as possible. Berms shall be reznved.
d. Public land areas used for temporary access roads, equipment storage,
and other construction activities shall be restored by Grantee to . the
satisfaction of the Authorized Officer.
21
e, Design standards for the permanent access road shall be as stated in
the San Gorgonio Pass Wind Energy Project Final Environmental Impact
Statement unless otherwise approved by the Authorized Officer.
f. Grantee shall not blade existing roads unless approved by the Author-
ized Officer.
11. Air Quality and Noise
a. Dust control measures, such as daily watering, shall be implemented on
road-disturbed areas within one (1) mile of populated areas , during periods
of heavy vehicular traffic, and in areas identified as powdery soil condi-
tions.
b. Equipment repair areas and construction yards to be located on Public
lands will be at least one-half mile from the nearest residence or business
to reduce impact on local residents.
C. Grantee shall limit construction to daylight hours.
d. No WTG, or combination of WTGs shall be operated so that the noise
created exceeds the noise element standard in the Riverside County General
Plan.
12. Use of Pesticides and Disposal of Waste Material
a. Grantee shall comply with the applicable Federal and State laws and
regulations concerning the use of pesticides (i.e. , insecticides, herbi-
cides, fungicides, rodenticides, and other similar substances) in all
activities/operations under this Grant. The plan must provide the type and
quantity of material to be used; the pest, insect, fungus, etc. , to be
controlled; the methods of application; the location of or storage and
disposal of containers; and other information that the Authorized Officer
may require. The plan should be submitted as part of the Construction,
Operations and Maintenance Plan as provided herein. If the need for
emergency use of pesticides is identified , the use must be approved by the
Authorized Officer. The use of substances on or near the right-of-way
shall be in accordance with the approved plan. A pesticide shall not be
used if the Secretary of the Interior has prohibited its use. A pesticide
shall be used only in accordance with its registered uses and with other
limitations if the Secretary has imposed limitations. Pesticides shall not
be permanently stored on public lands authorized for use under this Grant.
b. No dumping of oil waste, toxic materials, solid or liquid wastes shall
be allowed except in authorized waste disposal sites. No burying of debris
or waste materials shall be allowed except as specifically authorized by
the Authorized Officer. The term "waste" as used here means all discarded
matter , including but not limited to human waste, trash, garbage, refuse,
oil drums, petroleum products, ashes, and equipment. Construction sites
shall be maintained in a sanitary condition at all times, and garbage and
refuse at those sites shall be disposed of promptly. A litter-policing
schedule shall be followed on all roads associated with the project .
13. Geology, Soils and Mineral Resources
a. Grantee shall avoid areas subject to mudflows, landslides, mudslides,
avalanches, rock falls, and other types of mass movements when locating
wind turbine generators and powerlines unless approved by the Authorized
Officer.
b. Grantee shall not locate any facility or structure within 50 feet from
the trace of an active fault.
C. The wind energy system shall be located to avoid impacting any active
mining operations.
d . No WTG shall be located on Public lands in excess of 25 percent
slopes.
e. Scalping of topsoil shall not be allowed except as approved by the
Authorized Officer. When scalping is allowed, suitable topsoil and subsoil
shall be scraped and stockpiled for reclamation use.
f. Access roads shall be properly built in flood prone and flash flood
areas to avoid erosion and gullying.
g. Excess soil material created during pad construction shall be used as
fill for roads or removed to a suitable dump site. :; Under no condition
shall this material be disposed of at locations which could interfere with
natural drainage channels.
h. The design of the wind energy system shall provide for the control of
erosion and sediment production, transport, and deposit. Erosion control
measures, including the use of erosion control structures if necessary,
shall be implemented on Public lands in accordance with the plans approved
under Stipulation 5.a. Such plans shall be based on the runoff produced by
the maximum rainfall rate and s=melt combination reasonably character-
istic of the region and shall specify me as urea to avoid induced and accel-
erated erosion; reduced sediment production and transport; and lessen the
possibility of forming new drainage channels resulting from wind energy
system activities. Permanent erosion control structures shall be designed
to accommodate the occurrence of a standard project flood.
14. Vegetation
a. At least thirty (30) days prior to construction, Grantee shall have
conducted and submitted for approval by the Authorized Officer an intensive
survey and inventory of rare plants within areas to be occupied by WTGs,
access roads, and related facilities. The boundaries of rare plant popula-
tions shall be staked and access roads and WTG sites rerouted to avoid
these populations. Institutions and/or individuals conducting the inven-
tory work shall be qualified and approved by the Authorized Officer .
b. Vb ere vegetation needs to be cleared for construction but not for
actual operations, it shall be clipped at ground level to allow resprouting.
C. Vegetation moved during construction shall be shredded and disposed
of at an approved dump site or stockpiled to be used as mulch for erosion
protection, when required by the Authorized Officer.
15. Wildlife
a. Grantee shall take all necessary precautions to protect wildlife
species.
b . Grantee shall be responsible for conducting any and all studies
associated with bird migration or rare and endangered species (Coachella
Valley fringe-toed lizard) as described in the Final EIS for the San
Gorgonio Pass Wind Energy Project.
C. The Grantee shall report any raptor electrocutions, discovered or
reported on br near project facilities to the Authorized Officer. To
minimize the potential of collisions and electrocution of raptors , the
design of transmission and distribution lines shall conform to the guide-
lines for raptor protection described in the Raptor Research Report No. 4,
Raptor Research Foundation, Inc. , 1981. These guidelines provide design
and modification of poles , cross arms, and wire placements to effect
adequate separation of energized hardware; insulation of wires and other
hardware where sufficient separation cannot be attained ; and management of
eagle perching. In addition, all transmission and/or distribution lines
should avoid crossing ridge tops and avoid bird and tower line collisions.
16. Land Use and Ownership
a. No WIG shall be located such that the center of the tower is within a
distance of one and one-half (1-1/2) times the rotor diameter from an
east-west property line and three (3) rotor diameters fry a north-south
property line.
b. Notwithstanding the provisions of 16.1. above, the wind access set-
back(s) shall not apply if an application is submitted with a legally
enforceable agreement for the life of the right-of-way that the adjacent
landowner agrees to the elimination of the wind access setback(s) and will
not develop his land in such a way to decrease wind velocities or increase
wind turbulence at the location of the proposed WTG siting.
C. No WTG shall be located within 1.25 times the total wind turbine
height from public highways, railroads, buildings, transmission lines (66
KV and above) , other structures, and developed springs.
d. No WTG shall be located such that a transmitted microwave signal is
directly impeded by a WIG or is within twice the bean width of the trans-
mittir-C, antenna.
e. Grantee shall take all necessary precautions to prevent television
interference when siting WIGs. In those cases where a WIG is sited in the
direct path between the receiver and television station and normal mitiga-
tion is ineffective, the Grantee shall (1) pay initial hook-up fees for
resident cable TV or, (2) install a TV translator, as approved by the
Authorized Officer.
f. Grantee shall take all necessary precautions to prevent interference
to radio coanunnications . In those cases where WIG siting results in the
interference of radio communication in critical areas, the Grantee shall
move the WIG from the path of the transniting station and/or require the
use of nonmetallic blades, as approved by the Authorized Officer.
g. Grantee shall develop a contingency plan to resolve any complaints
within the areas of audible or radio noise, television interference, and
electrical (including electrc=rlet'ic and electrostatic) influence or, any
equipment, instruments, and appliances caused by the siting of WTGs. The
contingency plan shall also include a procedure to resolve complaints
involving health and safety. The plan shall include an assigned complaint
officer and telephone number published where interested persons can locate
than readily. The plan shall accompany and be made part of the Construc-
tion, Operations, and Maintenance Plan as provided for herein.
h. Grantee shall develop a plan acceptable to the Federal Aviation
Administration (FAA) for locating WIGS near aircraft traffic areas. Permit
approval shall accompany and be made part of the Construction, Operations,
and Maintenance Plan as provided for herein.
i. Permittees and other regular users of public lands affected by the
construction and operation of the wind energy system shall be notified in
advance of any construction activity that may affect their use of the
public lands.
j . If necessary, induced voltage on conductive objects (such as fences,
gates, cattleguards, and other metal objects or structures) shall be kept
at safe levels through grounding or other appropriate corrective measures.
k. The Grantee shall protect existing telephone, telegraph, and trans-
mission lines, roads, trails, fences, ditches, and like improvements duri
construction, operation, maintenance, and termination of the system. The
Grantee shall not obstruct any road or trail without the prior approval of
the Authorized Officer. Damage caused by the Grantee to public utilities
and improvEments shall be promptly repaired by the Grantee to a condition
which is satisfactory to the Authorized Officer.
1. Where access roads cross an existing gas pipeline, the Grantee shall
provide additional surface material to maintain at least five (5) feet of
cover or requirements as specified by the owner.
M. For overhead distribution lines 34.5 KV and below, the right-of-way
width shall not exceed 30 feet for one free-standing double-circuit wood
pole. Any variations from these specifications shall require approval by
the Grantor.
n. The Grantee shall mark and protect against destruction, obliteration,
or damage all cadastral survey markers, geodetic survey monuments, minipg
claim markers which sere recorded under Section 314 of FLPMA, and mineral
survey markers encountered during the construction, operation, mainte-
nance and termination of the system. These unnuments are not to be dis-
turbed; however, if any monuments, corners, or accessories are destroyed,
obliterated, or damaged by such operations, the Grantee shall hire the
appropriate County Surveyor or a registered lard surveyor to reestablish or
restore at the same location the armaments, corners, or accessories using
surveying procedures in accordance with the Manual of Instructions for the
Survey of the Public Lands of the United States, and shall record such
survey in appropriate County records. The Authorized Officer may prescribe
in writing additional requirements for the protection of monuments, cor-
ners, and bearing trees.
o. The Grantee shall not use water from springs, wells, seeps, creeks, or
streams which have been appropriated to Federal agencies or other users
without the written authorization from the Authorized Officer or water
rights owner. Any water used with the approval of the Authorized Officer
or water rights owner shall be only for the specific purpose and duration
described in writing by the subject parties.
p. Grantee shall coordinate with the Desert Water Agency regarding water
supply and sewage disposal plans.
17. Visual
a. Metal surfaces of substations shall be dull. If paint or concrete is
used it shall be of a dull surface and of colors complimentary to the
surrounding landscape.
b. Grantee shall paint all exposed facilities with colors selected for
compatibility with the surrounding environment except where human safety
considerations dictate otherwise.
C. Grantee shall ensure that no paint or permanent discoloring agents are
applied to rocks or vegetation for indicating survey or construction
activity limits, points, etc.
d. . All conductors shall be of nonspecular material unless otherwise
approved by the Authorized Officer.
e. Cut and fill slopes shall be shaped to existing land contours. All
natural drainages shall be preserved. All clearings of construction areas
2f; -
shall be free from and shall respond to the existing forms and shapes in
the area ( i .e . , use of curvilinear shapes rather than rectilinear) .
Temporary sites shall be kept as small as possible and shall be located in
areas of minimum vegetation and slope.
18. Cultural Resources
a. At least thirty (30) days prior to construction, the Grantee shall
have conducted and submitted for approval by the Authorized Officer an
intensive survey and inventory (BLM Class III) of paleontological, archaeo-
logical, historical, and cultural sites within areas to be occupied by the
wind turbine generators, access roads, and related facilities. Institu-
tions and individuals conducting the inventory work shall be qualified and
approved by the Authorized Officer to complete the archaeological inven-
tory. All works undertaken shall be by an archaeologist with a valid
Antiquities Act permit.
b. Upon such approval of the inventory report by the Authorized Officer,
the Grantee shall prepare and submit for approval a mitigation plan derived
fr® the findings of the inventory which may include avoidance of cultural
or paleontological sites, mitigative data collection, site-specific control
of access and construction, monitoring recommendations, and salvage excava-
tion. The mitigation plan shall be developed through consultation and
coordination with affected Native American ccemunities.
C. All sites shall be evaluated for possible inclusion on National
Register of Historic Places and the applicant (with BLM concurrence s—nall
complete the necessary documentation for nomination and submission to the
State Historic Preservation Officer (SHPO) .
Sites/districts that qualify for the National Register of Historic Places
should be avoided by construction activity. avoidance is not teasin e,
the applicant shall indicate this to BLM. Such notification shall be made
prior to construction and shall include proposed mitigation measures . In
such cases , a statement of effect in compliance with the Natural Historic
Preservation Act, Section 106, shall be completed prior to the commencement
of surface disturbance.
d. The Grantee's project archaeologist shall flag the perimeters of those
archaeological sites that are to be avoided. Flagging shall be done just
prior to construction and removed as soon as construction activity has
moved on.
e. The Grantee shall determine, through the project archaeologist and in
consultation with the BLM and SHPO, what protection measures shall be
afforded individual archaeological sites during construction.
f. Should evidence of previously undiscovered archaeological, historical,
or paleontological materials be exposed by ground disturbance during
construction, the Grantee shall suspend construction activities in the
iunk-diate area, leave the materials intact, and notify the Authorized
Officer immediately.
The Authorized Officer shall engage a qualified professional to inspect and
evalute the discovery within ten (10) working days. Avoidance measures ,
monitoring by a qualified professional, or salvage operation, if judged
necessary by the Authorized Officer, shall be implemented by the Grantee
and shall be completed and approved by the Authorized Officer prior to
resuming construction in the area. The responsibility for, and the cost
of, such avoidance, monitoring, or salvage operation shall be that of the
Grantee.
g. The Authorized Officer may require the relocation of WrGs, temporary
or permanent access rods, or temporary facilities or work areas, if any,
where relocation would avoid or decrease damage or destruction to archaeo-
logical, historical, and/or paleontological values.
h. 4kien necessary to relocate individual WTGs, access roads, or temporary
facilities or work areas, as a result of survey, on-site avoidance deci-
sions, or Grantee's approved request for relocation, Grantee shall resurvey
the proposed new locations for archaeological, historical, and paleonto-
logical remains and the results shall be provided the Authorized Officer
prior to construction.
i. Driving and other activities shall not be allowed in or near areas
flagged as archaeological sites. In areas where the access roads are not
in the right-of-way, travel and work shall be confined to the access
roads.
j . Paleontological resources shall be removed from the limits of the
right-of-way to a location as directed by the Authorized Officer or his
delegate.
k. Avoidance of identified cultural resources is the preferred archaeo-
logical mitigation. Archaeological salvage excavation, whether it be
conducted during preconstruction mitigation or as an emergency operation
during construction, shall be the chosen mitigation measure only when the
Authorized Officer and an archaeologist on his staff can fully justify
salvage excavation as a last resort, and when the Grantee can demonstrate
that no other possible measure can be employed to preserve the site data in
their original condition and context as found.
1. Collection or disturbance of artifacts and other archaeological,
historical, and paleontological materials on or off the right-of-way by the
Grantee, his representatives or employees shall not be allowed. Offenders
shall be subject to prosecution under the appropriate State and Federal
laws.
C. Specific Stipulations
1 . Construction of wind turbine generators shall be limited to small-,
medium-, or large-size machines as shown on map 2-6, in the San Gorgonio
Pass Wind Energy Project Final Environmental Impact Statement unless
otherwise provided by the Authorized Officer.
2. Prior to issuance of a Notice to Proceed, the Grantee shall test all
large downwind WPGs for impulsive noise and submit the results of these
tests to the Authorized Officer. No WTGs shall be sited that result in the
generation of a "thimping" noise adversely affecting the habitation or use
of any dwelling unit, hospital, school, library, or nursing home.
3. No large downwind WrGs shall be located closer than one-quarter (1/4)
mile of a residence.
4. Develop Yucca Ridge with only large machines in designed arrays.
5. Use uniform machine types in Alta Mesa (Section 4, T. 3 S. , R. 3 E. ,
SBBM) .
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EXHIBIT A ii�4�
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% A- 11 688-A < 7� fD, tf:, y,
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Alta Mesa parcel ......
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FBI N. Whitawater parcel
A
-4
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Development DatE
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...................... ........�\
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go 0011,
1F
United States Department of the Interior
' D BUREAU OF LAND MANAGEMENT
I.
California Desert District
1N REPLY 1695 Spruce Street
REFER To: Riverside, California •92507
2800
CA-11688A
(C-066.21 ) AUG 15 1983
CERTIFIED MAIL # P12 6216987
RETURN RECEIPT REQUESTED
Mr. Don Hardy, President
Pan Aero Corporation
Union Plaza Building, Suite 411
200 Union Boulevard
Denver, Colorado 80228
Dear Mr. Hardy:
We are pleased to issue your Notice to Proceed for Areas A, C and E of your
plan of operations for right-of-way grant CA-11688-A. As stated in the
enclosed Notice to Proceed, Pan Aero is allowed to fully develop Areas A
and E as described in your plan of operations. The notice as it pertains
to Area C authorized construction for the substation, control and maintenance
buildings and yards. No construction of turbines or their access roads is
authorized at this time for Area C.
Also enclosed is the executed decision to amend your right-of-way grant.
The details of amendment are now incorporated and made part of the grant.
We share your enthusiasm for wind energy development in the San Gorgonio
Pass and we hope that the remaining projects in the area will proceed as
smoothly as yours.
Sincerely,
Gerald E. Hillier
District Manager
Enclosure
Form 1S10-7 UNITED STATES lssuin office
(December 19d4) DEPARTMENT OF THE INTERIOR California Desert District
BUREAU OF LAND MANAGEMENT Date Contract or Right-of-Way number
NOTICE TO PROCEED 8/16/83 CA-11688-A
Contract or Rlaht-of-Nay name
Certified/Registered Moil; Return Receipt Requested Alta-Mesa & N. Whitewater Wind Energy
• Mr. Don Hardy, President •
Pan Aero Corporation
Union Plaza Building, Suite 411 NOTICE
300 Union Boulevard
Denver, Colorado 80228 Uaa Certified or Registered malt, or
hand deliver. Send or glve orirmal
to Contractor or Right-of-Way Grantee.
Distribute other copies as indicated
after receipt date.
You are hereby notified to proceed with work covered by the above-referecced contract. Performance time allowed in the
contract will begin on the day following the date you receive this notice, as shown on the postal mail return receipt or by your
signature below, if delivered in person.
Leslie M. Cone is
designated as Project Inspector for the Contract or Compliance Officer for Right-of-Way Grant.
This Notice to Proceed authorizes Construction for Areas A, C, and E of the plan
of operations. Areas A and E are to be fully developed as stated in the plan of
operations. Construction of the substation, control and maintenance buildings and
maintenance yards is authorized for Area C. Construction of wind turbine generators
and their access roads is not authorized for Area C at this time.
(Contracting Officer's Authorised Representative)
BLM REPRESENTATIVE COMPLETES
WHEN NOTICE IS DELIVERED BY MAIL
Notice to Proceed received on the day of 19
CONTRACTOR'S OR RIGHT-OF-WAY GRANTEE'S ACKNOWLEDGMENT
WHEN NOTICE IS DELIVERED IN PERSON
(Date)
(Signature of Recipient)
(Name and Title)
(Firm Name)
L:ON'iiik(:` OR kILltt DI WAY (AOUJ:LL
fi 4F
o United States Department of the Interior
' BUREAU OF LAND MANAGEMENT
California Desert District
1695 Spruce Street
IN REPLY Riverside, California 92507
REFF.P.TO.
2800
CA-11688-A AUG 16 E83
(C-066.21)
RIGHT-OF-WAY AMENDMENT
GRANTED
Details of Amendment
Right-of-Way Grant CA-11688-A was issued to Pan Aero Corporation on January 26 ,
1983. This decision anends the following terms and conditions of the grant.
1. In Exhibit A of the grant under definitions,the definition titled
"Construction, Operations and Maintenance Plan" shall be changed to Plan of
Operations. Plan of Operations will replace "Construction, Operations and
Maintenance Plan' wherever it is stated in the grant.
2. In Exhibit A of the grant under definition, the definition titled
"Grantee" shall be changed to read "Holder". Henceforth, c%Terever Grantee
is stated in the grant will be replaced with Holder.
3. Under Location and Limits of Ri ht-of-Wa on Page 2 of the grant, the
stipulation s a ane to rea :
Location and Limits of Right-of-Way
The location of the tight-of-way hereby granted is depicted on the map
as set forth in Exhibit B of the Plan of !k)erations for the following
described lands situated in the County of Liverside, State of California.
Alta Mesa:
Approximately 58 acres in Section 4,
T. 3S. , R. 3E. , SBBM;
North Whitewater:
Approximately 382 acres in Sections 27 , 33, and 34,
T. 2S. 9 R. 3E. , SBBM.
Prior to construction, the Holder shall furnish BLM a map, included in
the Plan of Operations, showing the location and size (acres) of the
right-of-way issued in conjunction with this grant. Any rental payment
due to the Grantor based on the size (acreage) of the right-of-way grant
shall be adjusted to conform with the findings upon approval of the
Authorized Officer.
2
4. Under Rental on Page 3 of the grant, the stipulation shall be amended to read:
Rental
A. The Holder shall pay to the United States an annual rental payable
in advance. One-fifth of the first year 's rental is to be paid prior to
the execution of this grant. The remaining amount of the annual rental
shall be due and payable no later than eleven (11) months from the date
of this grant. The Holder shall make each subsequent annual rental
payment on or before the next preceding anniversary of the effective
date of this grant. The annual rental payment shall be in the amount of
$311 ,980.00, except as `otherwise provided following the adjustment in
acreage as a result of the required survey and also as provided in
subsection D of this section.
5. Under Bond on Page 6 of the grant, the stipulation shall be removed in
its entirety.
6. Under Removal of��Pro Property on Termination or Ex iration of Lease, the
word Lease sE=bechanged to rant. i�l•e stip ation s�1Toe amended as
follows:
Upon the termination or expiration of this grant in whole or in part, or
the relinquishment of the grant in whole or in part, as herein provided,
the Holder shall within a period of 30 days submit a plan for site recla-
mation to the Authorized Officer. After the Holder receives approval
for site reclamation, the Holder has six months thereafter to remove
from the granted lards, no longer subject to the grant, all structures,
machinery, equipment, and materials, in accordance with applicable regu-
lations and orders of the Authorized Officer. No removal of structures,
machinery, equipment and materials may be initiated without receiving
written approval for site reclamation from the Authorized Officer.
Any structures, machinery, equipment, and materials, subject to rival
by the Holder, as a provided above, which are allowed to remain on the
granted lands shall become the property of the United States on expira-
tion of the six-month period or any extension of that period which
may be granted by the Authorized Officer. If the Authorized Officer
directs the Holder to move such property; the Holder shall do so at
its own expense, or if it fails to do so within a reasonable period, the
Authorized Officer may do so at the Holder's expense.
If no site reclamation plan is submitted to the Authorized Officer
within 30 days, or any extension of that period which may be granted by
the Authorized Officer, from the date of termination or expiration of
the grant, all structures, machinery, equipment, tools, applicances or
materials located on the right-of-way shall bec:ane the property of the
United States.
3
7. Under general stipulation B. 15. c. , amend the first sentence to read :
The Holder shall report any raptor electrocutions, and raptor deaths asso-
ciated to collision with WTG's, discovered or reported on or near project
facilities, to the Authorized Officer.
District Manager
I certify that I am an Authorized Officer of Pan Aero Corporation and that I
have reviewed and accept the details of the amendment for Right-of-Way Grant
CA-11688-A.
/'/w
Signature
Re S�
Title--
Date
e
United States Department of the interior
BUREAU OF LAND MANAGEMENT
•" Indio Resource Area
1695 Spruce Street
P f.Fi:P T0.
IN REPLY Riverside, California 32507
2800
CA-11688
(C-066.21)
ANR 0 9 1884
Mr. Ron Karabensh
Pan Aero Corporation
Union Plaza Building, Suite 411
200 Union Boulevard
Denver, Colorado 80228
Dear Mr. Karabensh:
I have enclosed a copy of the original decision and an amended payment schedule
we originally sent to you in January. The corrections that we made pertain to
the portion of your right-of-way within the wilderness study area (WSA) .
Therefore, since development is deferred in the WSA and no rent is required, the
amended schedule does not affect any payments you have previously submitted.
Thank you for bringing this matter to our attention.
Sincerely,
Leslie
ACTING FOR Leslie M. Cone
Area Manager
Enclosure
cc: Mr. Donald E. Burns, Principal Appraiser
Commercial & Industrial Division, 6th Floor
4080 Lemon Street
Riverside, California 92501
aiifurni3 ,1s-rlct
14,96 S,,,rLce Str^�t
kiversidf !, Czlifornia '.+ �v7
G+--I 1 J 7
Cur;or,,t ice
_ni,.n Pid23 Suite ""A
Z+� union eoulevartt AmAnced
Ceiver, Colcraao 302ZS
It nas bete oaterained that the Sareau of Lana kanagement (ELK) halos cniy
a seell interest in the surface rights on 93.5 acres of night-cf-I.ay .,rant.
CA-116,�S. Therefore, the `KA California State Office Appraisal staff nas
c(=pwted that the manoeo rental for the 93.5 acres is $153.W per acre.
This is a reaaction of 7= froa the original S514." per acre.
The rental portion of, the right-of-ray grant is manced to read:
Rental
A. The Grantee shall pay to the United States an anneal rental payable in
advance. One-fifth of the first years rental is to be paid prior to the
executiae of this grant, The remaining aeeoeent of the aeenea) rental shall be
due and payable no later than eleven (11) meths Eros the date of this
grant. The Lrantee shall sake each subsegneeet anneal rental payment oa or
before the next preceding araeiversary of the effective data of this grant.
,The F"al rental pammnt shall be in the aeowi; of $278,600.50, except as
otherwise provided following the adjustment in acreage as a result of the
required survey and also as provided in sub�ectian 0 of this section.
The respective annual rental payment collected frog aseb parcel will be:
Alta Mesa: S117,160.00 based as $2,020 per acre.
Borth Yhitewater: $161,440.50 (Rental fee rill temporarily be reduced
to S120,a41.50 as explained fee subsection 0 of "is
section). The rental fat for the area oetside of
the YSA is based on 227.5 acres at $510.00 per acre
and 30.6 acres at $153.00 per acre. ;The rental fee
for the area inside the 6U is ►aser en 319 acres at
$610.00 per acre and 63 acres at $113.00 per acre.,
JAN 2 3 1984 GERAI n F. w1111ER
eta str et ►eanager
Watchel/l/16/94.mc.A.28.D.1
1
CA-11688
Payment Calculations
Alta Mesa 1983 Payments
20% down payment = $27,472.00
Annual rental before August 16, 1983 = $137,360.00
(68 acres @ $2,020.00/acre)
Jan. 26, 1983 to Aug. 16, 1983 = 203 days @ $376.33/day = $76,394.99
Annual rental after August 16, 1983 = $117,160.00
(58 acres @ $2,020.00/acre)
Aug. 17, 1983 to Jan. 25, 1984 = 162 days @ $320.99/day = $52,000.38
Total 1983 rent = $128,395.37
Minus down payment = $100,923.37 due Dec. 25, 1983
North Whitewater 1983 Payments
20% down payment = $29,110.00
Annual rental before August 16, 1983 =
(30.5 acres X $153.00) + (254.5 acres X $510.00) = ($134,461.50
deferred (93.5 acres X $153.00 + (315.5 acres X $510.00) = (for outside WSA)
for entire grant)
$134,361.50 = $368.39/day
@ 203 days = $74,783.17
Annual rental after August 16, 1983 =
(30.5 X $153.00) + (227.5 X 510.00) = ($120,691 .50 - outside WSA)
deferred (93.5 X $153.00) + (288.5 X 510.00) = ($161,440.50 - entire grant)
$120,691.50 = $330.66/day
@ 162 days = $53,566.92
Total 1983 rent = $128,350.09
Minus down payment = $ 99,240.09 due Dec. 25, 1983
S
y h(
United States Department of the Interior
I o BUREAU OF LAND MANAGEMENT
California Desert District
IN REPLY 1695 Spruce Street
REFER TO. Riverside, California 92507
2800
CA-11688-A
(C-066.21)
APR 1 i W4
Mr. Don Hardy, President
Pan Aero Corporation
Union Plaza Building, Suite 411
200 Union Building
Denver, Colorado 80228
Dear Mr. Hardy:
Enclosed is our decision amending Right-of-Way Grant CA-11688-A to include your
revised plan of operation. I have also enclosed the revised notice-to-proceed
to coincide with the revised plan.
We look forward to working with you during the construction and operation phases
of your project .
Sincerely,
'v I/V 4�
Gerald E. Hillier
District Manager
ACTING
Enclosures (2)
1. Decision
2. Form 1510-7
o United States Department of the Interior
BUREAU OF LAND MANAGEMENT
•'' California Desert District
IN
REPLY
1695 Spruce Street
Hf:l ER Riverside, California 92507
2800
CA-11688-A
APR 11 W4
DECISION
Pan Aero Corporation
Union Plaza Building, Suite 411 Right-of-Way
200 Union Boulevard
Denver, Colorado 80228
Plan of 0 ;ration Ap roved
rant Amended
On March 20, 1984, the Holder submitted a revised plan of operation. The major
change from the original plan of operation is the number of wind turbines, which
will increase from 88 to 318. There will also be an increase of 11 acres
disturbed, including an increase of 4 miles of roads to be constructed or
upgraded. The overall acreage in the right-of-way grant (CA-11688-A) remains
the same as does all other terms and conditions of the grant.
The right-of-way grant is hereby amended to include the revised plan of operation
as submitted.
v V /
Gerald Hillier
District Manager
ACTING
Form 1510-7 UNITED STAI eS issuing Offic,
Deceoiber 1981,) DEPARTMENT OF THE INTERIOR California Desert District
BUREAU OF LAND MANAGEMENT Date Contract or Right-af-way number
NOTICE TO PROCEED 4/6/84 1 CA-11688-A
Contract or Right-of-iq name
Alta Mesa, North Whitewater
Cem find/Regis tared Mail; Return Receipt Requested
•
• Pan Aero Corporation
Union Plaza Building, Suite 411 NOTICE
200 Union Blvd.
Denver, CO 80228 Use Certified or Registered sseil, or
head deuver. Send or give anginal
to Contractor or Risht-of-tar Crsatee.
Distribute other copies as indicated
after veceipt date.
You are hereby notified to proceed with work covered by the above-referenced contract. Performance time allowed in the
contract will begin on the day following the date you receive this notice, as shown on the postal mail return receipt or by your
signature below, if delivered in person.
Leslie M. Cone • ia
designated as Project Inspector for the Contract or Compliance Officer for Right-of--Nay Grant.
This notice to proceed allows development of Alta Mesa Section 4, T. 3 S. , R. 3 E. ,
S.B.B.M. , and the North Whitewater Section 34, T. 3 S. , R. 3 E. , S.B.B.M. The development
shall proceed as discribed in the revised plan of operations. No other Construction is
authorized at this time.
. Autharlsad Rapreseatativs)
BLM REPRESENTATIVE COMPLETES
WHEN NOTICE IS DELIVERED BY MAIL
Notice to Proceed received on the day of 19
CONTRACTOR'S OR RIGHT-OF-WAY GRANTEE'S ACKNOWLEDGMENT
WHEN NOTICE IS DELIVERED IN PERSON
(Date) (signatu
r
e
of Recipient)
(Name and Title)
(Firm Name)
- WtS TRACTZ[ZZ C,. 1 i s?:?- : ',t' Y t=3f•.I;:t=
et Anunxn roxM.yg lu_..) 111N lJJ6W
'A Wy APPLICATION FOR TRANSPORTATION AND FORM APPNOVED
r r., c.x,•L. UTILITY SYSTEMS AND FACILITIES I'MD NO. IDLu_udtA
nary ON FEDERAL 1 ANDS
FOR ALENCY 115E ONLY
' NOTE Bcfare filing the.pplm.tim.,the applicant should completely mYlaw this package Application Numbcv
And schedule .peappl¢atlon meeting with mlim cnt.l:ves of the agency respon-
sible for pmeessing the application. Each agency may have specific and unique
requirements to be met in preparing,and processmp the Application Manv limes,
with I"e help of the agency mpmr,ritative, the Application can be completed At Data filed
the preapphc.hon meeting.
1. Nikko,and addrus of aPpllranl(mrlude zip 2. Namr ullq and add,.—of IM1aneN a•In d TELPPIION ty��n_r_/,_
,ad",, if d,fle.en,f-ro hem 1 forded. zip-- Applium
PanAero Corporation PanAero Corporation (303)
200 Union Blvd. Suite 411 200 Union Blvd. Suite 411 985-8756
Denver, Colorado 8022B Denver, Colorado 80228 Authorized Agent
R.S. Karabensh
It. A.applir.nt Are tour frbi...J 5. Specify what application is for. (rbrrk onrJ
is
Ljlndrv,du.l ❑New authonvllon
b. �Caepaatlo b. Renew e❑ orking Authorization No.
lSf,Part....hip/A..pu.tion• . ❑Amend e.mOAAruthorizn,on No.
it. [Sang G.—ner en,/sole Acme, d. 0 Assign existing authorization No.CA-116fl fl-A
e. Lmad Commerce, e. ❑E"a,1„g use for which no amhoely,ion h..been,ecewed
I. [_IFederal Agency 1. ❑Other•
•1/rl er Ard,,orph re supp4mrmol page •1/rhrt knl, paned,drigds end'.Ivor)
6. If an individual,or partnership am you a cltmen(.)of the United Sales' ❑Yea ❑No
T. Project description(describe In dngiU: (A) Type of .Y.lem or facility, (e.g, canal. pipeline, road).(b)related etmetoren and facd-
rneu,le)Physical specifications flrnpih,mrdh,d,.dmf. Fln6(d)term of Years ..tied,(a)time of ye.r of o on,upevuon,(f)_hkor
at aroaakin of Product to be ranaporled,(a)duration dm liing of canflruclioT uad Pit IemPork., worn .,a.. needed I., conxlruclrooe
(nu.ch addnm...l.bens, i/-ddumnuf spore it needed.)
PanAero Corporation wishes to assign all of the Right-of-Way Grant
CA 11688-A to Mesa Wind Developers, a California Joint Venture,
composed of Zond Systems, Inc., a California Corporation and PanAero
California, Ltd., a California limited paIttnership. PanAero
Corporation is the general partner and AV Wind Energy II, a California
Corporation, is the limited partner of PanAero California, Ltd.
The: address of Zond Systems, Inc. is:
112 So. Curry Street
Tehachapi, California 93561
The address of AV Wind Energy II is:
c/o AeroVironment, Inc.
145 Vista Avenue
Pasadena, California 91107
E. Allach e•ap covering area and show lovalron of.......pen,oaal
9 $late orjoul g emoryonl approval: ❑Atacbetl r❑Applied for �Not mymretl
ILL Noartrurnable AppLemm�lee' [:]Attached
'iNolmpur.ed
Il. Dina AmJ-cl vo a. m,meo ronal bountlary o alfea mamul mnal waarwryxr Dyer E<IN. fl/'v mdn,n,on map,
14. Give acme f your lechn¢d anti linancul uPabpip io conga
Non jar Lemr ru9ues¢d. ucl,opernt,mun,um, anti iermmaie sY.am for wb,ab aul6onu
p... • l _v nn
.Si1Ln1 aJ..n]
b. Why .'ere the..ellemety—net eelenledp
c. Give e.pl...I,....to why It n necea..,to cross Federal lands.
le. Li.I smhollzations and pendent apPlicatl...Ned far ha l-pra,ec,.which mey provide Informs"..to the.uth.—ch, agency.
(S"",..sober,dare,rod., or name)
15. Pmvitlr statement of need far project,including the economic feasibility and Items such as. (.)coat of Pr.Po+.I(tunar-cii .,up-
emnm,and maintenance):(b)estimated cost of nest best alternative,and(c)expected public benefits.
16. Dearnbe Prab.ble off-1.on the Populnron In the at, ,Including the social and economic aspects, and the rural Lfetvles.
17, Des clot,likely a n m os ome .l effe.t.that the proped pralen will have o ty W•1 au.h , (b)vt almcc u ipl, (c)surf¢ and ground
water pu.Lty and puan"ly,(d)the eonlrol o structural change o any strea ar other wily of water. (e)existing noises levels.and
If)the ..mace or the land, including v.[auv 1 stream Or
peocafro.t...,I,and soil nabilu Y.
19. De. nb min ct v:r the Prob.bl. a .the,the prop ..d Praje ."have on (w)yoaulm ion.at,fish,plant,aeAdlu e,and mar;m a life.Includ n
mrrNa.rd and endangered aP«le., and(b)marine mnnm.lk,IncmmnY bunting•capturing,collecting.or killing these .ntm.l..
IL. name.11 the OeParlmenl(q/A[encYieeal There this application is bale,filed.
1 HEPEIIy CEFTIFy,Thal 1 am of 1e1a1.ge antl."It.resed to do buS In the St.-.and Ih.l I have per anal ll ....ned thNm
.
etor
.. land in the.ppliutlon and behave th.l the Information.ubmetrtl� ecl to the b-1 of my know led,..
Signals-of Gppnl Dale
Lu I/n
State
III S makes it•crime for any person lioewinpy antl willfully is make 1. any department o agency a( the Drilled
- lales any[blue,fictitious,or fraudulent al.lemenl.or representations a.to any matter within its Jurisdiction.
United States Department of the Interior
z BUREAU OF LAND MANAGEMENT
California Desert District
IlLy 1695 Spruce Street
""Kh W Riverside California 92507
2800
CA-11688-A
(C-066.26)
JUN 2 G 1984
DECISION
Assignor:
Pan Aero Corporation
200 Union Blvd. , Suite 411
Denver, Colorado 80228
Right-of-Way
Assignee:
Mesa Wind Developers
200 Union Blvd. , Suite 411
Denver, Colorado 80228
Right-of-Way Assignment
Approved
On May 11, 1984, Pan Aero Corporation filed an application requesting the -
assignment of Right-of-Way Grant CA-11688-A to Mesa Wind Developers. Mesa
Wind Developers is a California joint venture comprised of Zond Systems, Inc. ,
AV Wind Energy II, and Pan Aero California, Ltd. All of Grant CA-11688-A
located in Section 34, T. 2 S. , R. 3 E. , and Section 4, T. 3 S. , R. 3 E.
will be assigned.
The above application is hereby approved. Mesa Wind Developers are bound
by the same terms and conditions of the above mentioned grant.
c �
Dat4t Gerald,,t. Hillier
District Manager
ACTING
United States Department of the Interior
DUAFAU OF LAND MANAGEMENT
California Desert District
1695 Spruce Street
REFEMTO. Riverside, California 92507
2800
CA-11688-A RECEIVED JUL 2 3 58g
(C-066.21)
DECISION JUL 2 0 W4
Mesa Wind Developers
200 Union Blvd, , Suite 411 Right-of-Way
Denver, Colorado 80228
Decision Modified
Legal escr p on orrected
On June 26, 1984 a decision was issued approving the assignment of right-of-way
grant CA-11688-A to Mesa Wind Developers. The right-of-way location stated in
the original decision was described as T. 2 S. , R. 3 E. , Section 34 and T. 3 5. 9
R. 3 E. , Section 4.
The above described decision is hereby amended to include the following changes.
The location of the right-of-way is depicted on the enclosed map as set forth in
Exhibit B and described as portions of Sections 27, 33, 34, T. 2 S. , R. 3 E, ,
S,B.B.M; and a portion of Section 4, T. 3 S. , R. 3 E. , S.B.B.M. The decision also
stated that Mesa Wind Developers is a California joint venture comprised of Zond
Systems, Inc. , AV Wind Energy II, and Pan Aero Corporation, Ltd. The decision is
amended to exclude AV Wind Energy II.
g/ '
a e ! ACTIN sir .a .alter
Enclosure
-RAIG A. ANDERSON THE ZOND GROUP
ce P^es,oent—General Counsel
Zond Systems.Inc
A UR Zond W,ndsystems Operating Corpera_,on
AIJRIE H NATHANSON, alive Assistant Zond W,ndsystem Partners I
Zond W,ndsyetem Partners ll
°EGGY J.McKINNEY September 13 , 1984 Zond W,ndsystem Partners lit
egal Assistant Zond W,ndsystem Energy Associates I
Zond W,ndsystem Energy Associates II
Zond Windsystem Energy Associates III
BY BAND DELIVERY
United States Department
of the Interior
Bureau of Land Management
Indio Resource Area
1695 Spruce Street
Riverside, California 92507
Attention: Ms . Leslie Cone
Re: Right-of-Way Grant No. CA-11688-A
Insolvency Provision
Dear Leslie:
This letter will serve as written confirmation of the agreement by
the United States that the Right-of-Way Grant as assigned to Mesa
Wind Developers , a California Joint Venture, will not be termi-
nated upon the bankruptcy or insolvency of PanAero Corporation,
Mesa Wind Developers ( including Zond Systems, Inc. or PanAero
California, Ltd. , the Joint Venturers of Mesa) or any grantee or
guarantor under the Right-of-Way Grant so long as the windsystem
is producing commercial quantities of electricity, the rentals
called for under the Right-of-Way Grant are timely paid and there
exist no other breaches of the Right-of-Way Grant.
Sincerely yours ,
MESA WIND DEVELOPERS,
a California Joint Venture
By Zond Systems , Inc. ,
Joint Ve,,, /r//e Partner
By
Craig A. An erson,
Vice President-General Counsel
CAA/lhn
Ref . #84LTR3/A-143 . 1
[Acceptance appears on the following page]
1693 Mission Drive Suite 297 Solvang,CA S3463 [BO5] BBB-63B5 TWX 99 03271 022 ZONO THCR
j •
United States Department
of the Interior
Bureau of Land Management
September 13 , 1984
Page Two
ACCEPTANCE
The undersigned hereby accepts and agrees to the above provi-
sions .
UNITED STATES OF AMERICA
By for District
Date Manager
Authorized Officer,
Bureau of Land Management
I OFFICIAL SEAL
i R. JEAN ROYER
r.•G- ��' NC' PUBLIC
�'•'�� "!"�" RIVERSIDE CO., CALIF. I�
� �. • y .�
�•_�' My commission exojres 10 8-84
CRAIG A. ANDERSON THE ZONO GROUP
vice President—General Counsel Zond Systems, Inc.
LA LIRIE H NATHANSON Zond Windsystems Cparating Corpora:on
Administrative Assistant Zond Wmdsystem Partners I
Zond Wmdsystem Partners ll
PEGGY J.McKINNEY September 13 , 1984 Zond Wmdsystem Partners III
Legal Assistant Zond Wmdsystem Energy Associates
Zond Wmdsystem Energy Associates I!
Zond Wmdsystem Energy Associates III
BY HAND DELIVERY
United States Department
of the Interior
Bureau of Land Management
Indio Resource Area
1695 Spruce Street
Riverside, California 92507
Attention: Ms . Leslie Cone
Re: Right-of-Way Grant No. CA-11688-A
Plan of Operations
Dear Leslie:
This letter will serve as written confirmation of the agreement
by the United States that the Plan of Operations, as submitted,
is a working document which is adjusted in the field regularly
by representatives of the BIM, Mesa Wind Developers and Mesa
Construction Company, both California Joint Ventures, to meet
existing conditions. The installation of three hundred ( 300)
turbines during 1984 is acceptable and approved within the
Right-of-Way Grant and the applicable Notice to Proceed.
Sincerely yours ,
MESA WIND DEVELOPERS,
a California Joint Venture
By Zond Systems , Inc. ,
Joint Ve ure Partne ry��__
By
Craig
Vice President-General Counsel
CAA/lhn
Ref . $84LTR3/A-142 .1
(Acceptance appears on the following page]
1 693 Mission Drive Suite 2S7 Solvang.CA S3463 [605]SBS-63S5 TWX S1 03271 022 ZONO THCP
United States Department
of the Interior
Bureau of Land Management
September 13 , 1984
Page Two
ACCEPTANCE
The undersigned hereby accepts and agrees to the above provi-
sions .
UNITED STATES OF AMERICA
SEF 2 5 iS&; By �-1_ ' A i no for Di stri cl
Date Manager
Authorized Officer,
Bureau of Land Management
R. J_AN R'JYtR C
Lr� NDTA'Y PUBLIC
RIVERSIDE CO., CALIF.
• My commission exmres 10 3.34 ��
:RAIG A. ANOERSON THE ZONED GROUP
ce President—General Counsel Zond Systems,Inc
AURIE H NATHANSON
Zond Windsyscems coeraung Cgrgo-soon
+tl ministratve Assis ca nt Zond Windsystem Pa^tner=_
Zond Wintlsystem Pz^tnersu
-EDGY J.McKINNEY Zond Windsyscem Parcners III
egal Assistant September 21 1984 Zond Windaystem Energy Associate=_ I
p / Zond Windsystem Energy Associates ll
Zond Windsystem Energy Associates III
BY EXPRESS MAIL
United States Department
of the Interior
Bureau of Land Management
Indio Resource Area
1695 Spruce Street
Riverside, California 92507
Attention: Ms . Leslie Cone,
Area Manager
Re: Right-of-Way Grant No. CA-11688-A
Amendment
Dear Leslie:
This letter will document the agreement by Mesa Wind Developers,
a California Joint Venture and the current Grantee under the
Right-of-Way Grant, and the United States to amend the Right-of-
Way Grant by adding the following provision:
"Removal of Property Prior to Termination
or Expiration of the Grant
The United States and the Grantee hereby agree that
for purposes of the Grant, all WTGs and the Related
Facilities shall be deemed to be personal property and
not fixtures or real property. Grantee or any of its
assignees or successors in interest or any person or
entity holding a security interest in the WTGs or the
Related Facilities may remove such property prior to
the termination or expiration of the Grant, regardless
of whether or not a default or breach exists under the
Grant.
In order to provide the United States with funds to be
used to reclaim and restore the land in the event any
WTGs and their Related Facilities are removed and the
Grantee fails to properly reclaim and restore the
9 SS3 Mission Drive Suite 297 Solvang,CA 93463 [8051 6BB-B365 TWX 99 D3271 022 ZONO THCP
United States Department
of the Interior
Bureau of Land Management
September 21, 1984
Page Two
property as required by the terms of the paragraph of
the Grant entitled "Removal of Property on Termination
or Expiration of Grant" (as amended on August 16 , 1983 ) ,
Grantee agrees to deposit into an interest-bearing
account at a bank selected by BLM the sum of $50 , 000 on
or before October 15 , 1984 . The account shall be in the
name of the United States and all deposits and accrued
interest shall be payable to the United States Bureau
of Land Management and may be used without further noti-
fication to Grantee to reclaim and restore the land
whenever the Authorized Officer determines that the land
has not been reclaimed to his satisfaction. Any remain-
ing balance shall be returned to Grantee by the United
States upon completion of the reclamation and restora-
tion process. "
All other provisions of the Right-of-Way Grant shall remain in
full force and effect as previously amended.
If this Amendment meets with your approval, please have this
letter executed in the space indicated below.
Sincerely yours ,
MESA WIND DEVELOPERS ,
a California Joint Venture
By Zond Systems, Inc. ,
Joint Ve ure Pa the
By
Craig A. Ander on,
Vice President-General Counsel
CAA/lhn
Ref. #84LTR/A-146 . 1
ACCEPTANCE
The undersigned hereby accepts and agrees to the above provi-
sions.
UNITED STATES OF AMERICA
SR 25 W4 By Acting for
Date uthori ed Officer, District Manager
Bureau of Land Management
OFFICIAL SEAL
NO A�:v PUBLIC
RIVERSIDE CO., CALIF.
�— My comm'ision expires 10 8-84 I
I
Ms . Leslie M. Cone, l�,r�ht -pf- WC� I �ora✓! t
Area Manager
September 20 , 1984
Page Two
1�7E'Sa. lil,�irld �� U2�U�2✓5
REPRESENTATION
The undersigned hereby represents that all of the turbine
foundations and power transfer system installations constructed
on the Operating Site are located on the property covered by the
Right-of-Way Grant and that all of the construction activities
to date have conformed with the provisions of the Right-of-Way
Grant.
BUREAU OF LAND MANAGEMENT
a ate '.
By Acting for
Date (Aut or ' zed officer) District Manaqer
OFFICIAL SEAL jf
R. JEAN ROYER
NOTARY PUBLIC
RIVERSIDE CO, CALIF.
I My mmmisscn ezpre; 10 8.84 j�
AFK 18 ' 8b �J : .5 f FANAF- KU SUS 233 b6 $ 6 Flu
FAGIIDE li
Vol, CDMPONCNTS OF THE VESTAS MiMDTURBINE . �AT6aTo. 24; 11 .10
--------------
I
1 . 'SPEED INCREASING 5EAR00 -
Rated porter (tataloque) :
135 kW
Safety factor (reff . 65 kW) : 2
Speed ratio : 1 :22 , 4
Type : 3 Stage, Helical gear
Shaftdiameter , slowrunning sh . : 125 mm ( 5 inch . )
Shaftdianeter , fastrunning sh . : So mm ( 2 inch . )
Volume of oil : 48 1 ( 12 , 6 US Gal . )
weight of gearbox : 750 kg ( 1650 1bs . )
Manufacture/Type : Hansen Patent RNE 31
i
3 . 2 , YAWING GEAR.
Type : Worm and wheel , double
Ratio : 1 : 72o '
Manufacture/type : Bonfigioli MVF 49166 PI
i
3 . '. , YAWING MOTOR ,
Type : induction motor
Rotation speed : 1800 RPM
Rated power : 0 ,42 01
Voltage :
r.- nifecture/Type : VEK KMER 71 GA
i
• I
r.ateC purr : 65 kW
Rotation speed : 120o RPM
Voltage : 48o VAC
Frequency : 60 Hi
Sheftdlam. : 76 mm (3 inch . )
Mer,ufacture /type : VEM KMER 28o M6
i;�iil�r�i��j1� � '�• �,�
APR 18 ' 85 8 : 42 PANAERO 303 233 8686 P01
3 . 0 . COMPONENTS OF THE VESTAS M1 DTUr RB1NE . PAGEsioE,
DAIEDA?Oo
3 .4 . 2 . 5F1ALL GENERAIOR:
Rated power: 123 kW
Rotation speed : 1200 RPM
Voltage : 460 YAC
Frequency : 6o Ht
Shaftdlam, : 42 mm ( 1i inch , )
Manufacture/Type : VEM KMER 16o L6
3 . 5 . V-Belt drive between generators .
Grooved pulleys : Nominel diem , 28o/224 mm
Ratio : 1 ; 1 ,25
Manufactor (pulleys ) 1Pt
Number of belts (Y-shaped) : 3
3 , 6 . PROPELLERSHAFT ASSEMBLY
Shaft dimensions : 015o mm z 1530 mm
Distance between bearl'rip : 780 mm f
Type of bearings : (Front ) : SKF 22232CC/w33
(Rear ) : SKF 2223oCC/►r33
Housing and shaft : VESTAS
Hub- connection : Shrink fitted
Hob : VISTAS
F ;G with disc (disc brake ) : VESTAS
HcL with disc , connection : Shrink filled
Yp r. imL�r torsional mor,ent : 14 , 7 kNm
W ety torsional mor•ent (braking.) : 29,6 kNm 14 %
3 . 7 . PROPELLER (3 blades ) r, 1 ►
Material : Glasfiber reinforced polyester 1�
Connection to bracket : HOtte� flange
Airfoil : NACA 4415
+[ •. - de lenght : Tip: 6E4 'mm at 5, 7 m
F^ntr 1091 mm at 1 ,6 fn
Awe L0i
• PAGE 3
,2.o. GENEREL SPECIFICATIONS._ _ _ . _ ,. .DATE. DAM .25.al .12—
2 .2 . 6 . Total weight_.
Tower : 6600 lbs (3 ,o ton )
Turbine : 77oo lbs ' (3 ,5 ton )
Rotor : 242o lbs ( 101 ton )
Total : 1672o lbs (7 , 6 ton )
VESTA5 reserve the rights to change above mentioned data ,
specifications at any time.
APR 18 ' 85 8 : 35 PANAERO 303 233 8686 P02
AWd C-4 !!VAXA=W
2 .0. GENEREL SPECIFICATIONS, . PAGE SIDE 1
_ DATE o.TQ: 25 -1 ,02-_
2 . o . GENEREL SPECIFICATIONS.
YESTAS 65112 . 3 kW Wind Turbine .
i
2 . 1 . Type of turbine . '
The YESTAS turbine is a 3•bladed fastrunner, fixed blades
and with airfoil -blades .
It is an upwind turbine with active yaw. The generator-
system is of twin-generator type , with Y-belt drive as
transmission element between generators . both generators
are induction generators for directly connection to the
network .
The propeller is running at two different speeds , depending
on which generator Is operating. The tentrsl -unit Is mainly
based on electromechanical relays . The tower is selfsuppor-
tang lattice mast .
2 . 2 . SPECIFICATIONS ,
2 . 2 . 1 . °otor
Diameter : So ft ( 15 , 3 m )
Rotational speed : 52 ,7 RPM 42 , 2 RPM
Rotational direction : Clockwise
Orientation : Upwind
N,,rber of blades : 3
Fixed blades ,
Aerodynamic brakes : Plvotable tips .
2 . 2 . 2 . Blades .
Material : Glesfiber reinforced polyest r
Airfoil : NACA 4415
Swept area : 1.972 ft2 ( 184 m2)
Tip brakes : Centrifugal force activated.
Hr' K 1 ;Z i -j 'J - ,5b F' HNHEKU 303 233 8686 P03
2 .0 . GENEREL SPECIFICATIONS. RAGE '$lot x
DATE CATO 25 . 11 in
2 . 2 . 3 . Tower
Type : Lattice most
Height : 73 .8 ft (22,6 m)
Weight : 66o8 lbs (3 ton) !
Surface : Not-galvanized
i
2 .2 .4 . Generators . j
Type : Induction generators
Rating : Main Generator : 65 kW
Rating : Sme11 Generator : 12,6 kW
Voltage : 480 VAC
Rotational speed : 1200 RPM
Frequency : 60 H2
2 . 2 . 5 , Gearbox .
Type : 3 stage reduction paralel shafts.
Gear ratio : 1 : 22 ,4
2 . 2 . 6 . Yawing system .
Type : Active yaw .
Control : Windvane (electronic )
Yawing speed : 72 degrees/min .
2 . 2 . 7 . Operational data ,
Cut- in windspeed : 869 mph (4 .o m/s )
Rated windspeed (65 kW) : 35 ,0 mph ( 16 m/s )
Cut-off windspeed : 62 .0 mph (28 m/s )
Survival windspeed : 11o ,o mph (5o m/s )
Rated windspeed, small gen. : 14 .6 mph .(6 ,5 m/s ) :*A/1
H
HVK 1 :d ' 6j 8 : 42 PANAERO 303 233 8686 P02
COMPONENTS OF THE YESTAS HINDTURSINE. PAGE RIDE:
- DATE 24 . 11 ,82.
Overall lenght of blades : 7400 mm
Tlpbrake assembly : YESTAS-type
Blademanufacture/Type : Alternegy Aeroform 7 , 5 m
Tower.
Type : lattice mast, bolted,
angular iron elements,
4 sections of 6 m each.
Height : 2296 m
Dimension basis : ' (See calculations )
Manufactur/Type : Carl C. Jensen, YESTAS 22,6 m
Control -unit.
YESTAS design , based on electromechanical relays . (See main-
diagram enclosed) .
Relay- system : Electromatic S-System .
- Ar,emcmeter .
U STAS design , (Cut-off windspeed Indic . ) .
YESTAS design
TyFe : Optoelectrical
Cisc Frake .
I
Dlscdlemeter : 700 mm �r
Braking on low-speed shaft . �+
Disc material : Castiron , type $6
Calibers : Hydraulic activated .
Manufacture : BREN80
rN �
COMPONENTS OF THE YESTA$ W L)TUABINE. PAGE sw; 4
o. DATE DATO. 24 , 11 .i2 I
13 Hydraulic-unit.
Pumpcapacity : 1 ,5 I./min.
Max . pressure : 210 bar
Brake pressure: 14o bar
Manufacture pump : Smiths Industries TYPE PA
Solenoid valve : Hawe CZ 3-0
Accumulator : Pressure load : 90 bar, 0, 7 I
GBo12o-210-0 , SOT 37
. 14 Transmission Joint .
Type ; Homeklnetic ,joint
Max , torsionel moment : 350o Nm
Manufacture/Type : 1.6bro , Type 21
!. - -' �_ -. 1 • tin.. J. d llf l Ir.i •l l n:•., r [ur.e far Y(51.1' 6'. Mr. winQhlf Line i
f!I•f It ,t.tt 1ul�dali �h'. 6U117, Lb0YOL
-
Rolor :pee d �7.7RPNIsynuonausl--
Ilw
Air deosill(slandardtendilionsl 1.23 Ygl�
D}
(D Reduction of air density used by eslination: 14% i
W
Air deosily reduced = 1.06 kg/mi
h'}
hf} 7A
0 so
w
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