Exhibit 10.40
-------------
3200-24 FORM APPROVED
(May 1984) UNITED STATES OBM No. ___________
(Formerly 3200-8 & 3200-21) DEPARTMENT OF THE INTERIOR Expires January 31,1986
BUREAU OF LAND MANAGEMENT
OFFER TO LEASE AND LEASE FOR GEOTHERMAL RESOURCES Serial No. CA 11402
The undersigned have reserved others to lease all or any of the lands in item 2
that are available for lease pursuant to the Geothermal Steam Act of 1970
________________________.
Read Instructions Before Completing
1. Name California Energy Company, Inc.
Street 3333 Mendocino Ave., Suite 100
City, State, Zip Code Santa Rosa, California 95401
- ----------------------------------------------------------------
2. Surface managing agency if other than BLM ____________Unit Project_________
Legal description of land requested (segregate by public domain and
acquired lands):
T. 22 S., R. 39 E., Meridian Mt. Diablo State California County Inyo
Sec. 19, lots 1 to 4, E1/2, E1/2W1/2;
Secs. 20 and 29;
Sec. 30, lots 1 to 4, E1/2, E1/2W1/2.
Total acres applied for 2,554.04
--------
Percent U.S. interest __________
Amount remitted: Filing fee$_____ Rental fee $5,110.00 Total $ 5,110.00
-------- ------------
_________________________________________________________________________________________________
DO NOT WRITE BELOW THIS LINE
3. Land included in lease:
T. R. Meridian State County
Same as Item 2.
Total acres in lease 2554.04
Rental retained $5110.00
________________________________________________________________________________
In accordance with the above offer, or the previously submitted competitive bid,
this lease is issued granting the exclusive right to drill for, extract,
produce, remove, utilize, sell, and dispose of all the geothermal resources in
the lands described in item 3 together with the right to build and maintain
necessary improvements thereupon, for a primary term of 10 years. Rights
granted are subject to applicable laws, the terms, conditions, and attached
stipulations of this lease, the Secretary of Interior's regulations
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and formal orders in effect as of lease issuance and, when not inconsistent with
lease rights granted or specific provisions of this lease, regulations and
formal orders hereafter promulgated.
THE UNITED STATES OF AMERICA
Type of lease:
by /s/ Joan B. Russell
------------------------------
Noncompetitive
- ---
Chief, Leasable Minerals Section
-----------------------------------
X Competitive Coso KGRA; Parcel 20
- ---
Other Lease Sale of 9/15/81 EFFECTIVE DATE OF LEASE MAY 1, 1985
- --- ---------------------------- --------------
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4. (a) Undersigned certifies that
(1) Offeror is a citizen of the United States; an association of such
citizens; a municipality; or a corporation organized under the laws of
the United States, any State or the District of Columbia; (2) All parties
holding an interest in the offer are in compliance with 43 CFR 3200 and
the authorizing Act; (3) Offeror's chargeable interests, direct and
indirect, do not exceed that allowed under the Act; and (4) Offeror is
not considered a minor under the laws of the State in which the lands
covered by this offer are located.
(b) Undersigned agrees that signature to this offer constitutes acceptance of
this lease, including all terms, conditions and stipulations of which offeror
has been notice, and any amendment or separate lease that may cover any land
described in this offer open to lease application at the time this offer was
filed but omitted for any reason from this lease. The offeror further agrees
that this offer cannot be withdrawn, either in whole or part, unless the
withdrawal is received by the BLM State Office before this lease, an amendment
to this lease, or a separate lease, whichever covers the land described in the
withdrawal, has been signed on behalf of the United States.
This offer will be rejected and will afford the offeror no priority if it is
not properly completed and executed in accordance with the regulations, or if it
is not accompanied by the required payments. Title 18 U.S.C. Sec. 1001 makes it
a crime for any person knowingly and willfully to make to any Department or
agency of the United States any false, fraudulent, or untrue statements or
representations as to any matter within its jurisdiction.
Duly executed this 19th day of April , 1985 /s/ signature illegible
------------- -- ----------------------------
- ---------------------------------------------------------------
LEASE TERMS
Sec. 1. Rentals -- Rentals shall be paid to proper office of lessor in advance
of each lease year until there is production in commercial quantities from the
leased lands. Annual rental rates per acre or fraction thereof are: $1 for
noncompetitive leases and $2 for competitive leases.
If this lease or a portion thereof is committed to an approved cooperative or
unit plan which includes a well capable of producing leased resources, and the
plan contains a provision for allocation of production, royalties shall be paid
on the production allocated to this lease. However, annual rentals shall
continue to be due for those lands not within a participating area.
Failure to pay annual rental, if due, on or before the anniversary date of
this lease (or next official working day if office is closed) shall
automatically terminate this lease by operation of law. Rentals may be
suspended by the Secretary upon a sufficient showing by lessor.
Sec. 2. Royalties -- Royalties shall be paid to proper office of lessor.
Royalties shall be computed in accordance with regulations and orders. Royalty
rates on production are: 10 percent for steam, heat, or energy; 5 percent for
byproducts; and 5 percent for demineralized water.
Lessor reserves the right to establish reasonable minimum values on production
after giving lessee notice and an opportunity to be heard. Royalties shall be
due and payable on the last day of the month following the month in which
production occurred.
Minimum royalty shall be due for any lease year beginning on or after the
commencement of production in commercial quantities in which royalty payments
aggregate less than $2 per acre. Lessor shall pay such difference at the end of
lease year. This minimum royalty may be waived, suspended, or reduced, and the
above royalty rates may be reduced for all or portions of this lease if the
Secretary determines that such action is necessary to encourage the greatest
ultimate recovery of the leased resources, or is otherwise justified.
Sec. 3. Bonds -- Lessee shall file and maintain any bond required under
regulations.
Sec. 4. Diligence, rate of development, unitization, and drainage -- Lessee
shall perform diligent exploration as required by regulations and shall prevent
unnecessary damage to, loss of, or waste of leased resources. Lessor reserves
right to specify rates of development and production in the public interest and
to require lessee to subscribe to a cooperative or unit plan, within 30 days of
notice, if deemed necessary for proper development and operation of the area,
field, or pool embracing these leased lands. Lessee shall drill and produce
wells necessary to protect leased lands from drainage or pay compensatory
royalty for drainage in amount determined by lessor.
Sec. 5. Documents, evidence, and inspection -- Lessee shall file with proper
office of lessor, not later than (30) days, after effective date thereof, any
contract or evidence of other arrangement for the sale or disposal of
production. At such times and in such form as lessor may prescribe, lessee
shall furnish detailed statements showing amounts and quality of all products
removed and sold, proceeds therefrom, and amount used for production purposes or
unavoidably lost. Lessee shall be required to provide
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plots and schematic diagrams showing development work and improvements, and
reports with respect to parties in interest, expenditures, and depreciation
costs.
In the form prescribed by lessor, lessee shall keep a daily drilling record, a
log, and complete information on well surveys and tests and keep a record of
subsurface investigations and furnish copies to lessor when required. Lessee
shall keep open at all reasonable times for inspection by any authorized officer
or lessor, the leased premises and all wells, improvements, machinery, and
fixtures thereon, and all books, accounts, maps, and records relative to
operations, surveys, or investigations on or in the leased lands. Lessee shall
maintain copies of all contracts, sales agreements, accounting records, and
documentation such as billings, invoices, or similar documentation that support
costs claimed as manufacturing, preparation, and/or transportation costs. All
such records shall be maintained in lessee's accounting offices for future audit
by lessor. Lessee shall maintain required records for 6 years after they are
generated or, if an audit or investigation is underway, until released of the
obligation to maintain such records by lessor.
Notwithstanding existence of this lease, information obtained under this
section shall be closed to inspection by the public in accordance with the
Freedom of Information Act (5 U.S.C. 552).
Sec. 6. Conduct of operations -- Lessee shall conduct operations in a manner
that minimizes adverse impacts to the land, air, and water, to cultural,
biological, visual, and other resources, and to other land uses or users.
Lessee shall take reasonable measures deemed necessary by lessor to accomplish
the intent of this section. To the extent consistent with leased rights
granted, such measures may include, but are not limited to, modification to
siting or design of facilities, timing of operations, and specification of
interim and final reclamation measures. Lessor reserves the right to continue
existing uses and to authorize future uses upon or in the leased lands,
including the approval of easements or rights-of-ways. Such uses shall be
conditioned so as to prevent unnecessary or unreasonable interference with
rights of lessees.
Prior to disturbing the surface of the leased lands, lessee shall contact
lessor to be appraised of procedures to be followed and modification or
reclamation measures that may be necessary. Areas to be disturbed may require
inventories or special studies to determine the extent of impacts to other
resources. Lessee may be required to complete minor inventories or short term
special studies under guidelines provided by lessor. If in the conduct of
operations, threatened or endangered species, objects of historic or scientific
interest, or substantial unanticipated environmental effects are observed,
lessee shall immediately contact lessor. Lessee shall cease any operations that
would result in the destruction of such species or objects.
Sec. 7. Production of byproducts -- If the production, use, or conversion of
geothermal resources from these leased lands is susceptible of producing a
valuable byproduct or byproducts, including commercially demineralized water for
beneficial uses in accordance with applicable State water laws, lessor may
require substantial beneficial production or use thereof by lessee.
Sec. 8. Damages to property -- Lessee shall pay lessor for damage to lessor's
improvements, and shall save and hold lessor harmless from all claims for damage
or harm to persons or property as a result of lease operations.
Sec. 9. Protection of diverse interests and equal opportunity -- Lessee shall
maintain a safe working environment in accordance with standard industry
practices and take measures necessary to protect the health and safety of the
public. Lessor reserves the right to ensure that production is sold at
reasonable prices and to prevent monopoly.
Lessee shall comply with Executive Order No. 11246 of September 24, 1965, as
amended, and regulations and relevant orders of the Secretary of Labor issued
pursuant thereto. Neither lessee nor lessee's subcontractor shall maintain
segregated facilities.
Sec. 10. Transfer of lease interests and relinquishment of lease -- As required
by regulations, lessee shall file with lessor, any assignment or other transfer
of an interest in this lease. Lessor may relinquish this lease or any legal
subdivision by filing in the proper office a written relinquishment, which shall
be effective as of the date of filing, subject to the continued obligation of
the lessee and surety to pay all accrued rentals and royalties.
Sec. 11. Delivery of premises -- At such time as all or portions of this lease
are returned to lessor, lessee shall place all wells in condition for suspension
or abandonment, reclaim the land as specified by lessor, and within a reasonable
period of time, remove equipment and improvements not deemed necessary by lessor
for preservation of producible wells or continued protection of the environment.
Sec. 12. Proceedings in case of default -- If lessee fails to comply with any
provisions of this lease, and the noncompliance continues for 30 days after
written notice thereof, this lease shall be subject to cancellation in
accordance with the Act. However, if this lease includes land known to contain
a well capable of production in commercial quantities, it may be cancelled only
by judicial proceedings. This provision shall not be construed to prevent the
exercise by lessor of any other legal and equitable remedy, including waiver of
1986the default. Any such remedy or waiver shall not prevent later cancellation
for the same default recurring at any other time.
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Whenever the lessee fails to comply in a timely manner with any of the
provisions of the Act, this lease, the regulations, or formal orders, and
immediate action is required, the Lessor may enter on the leased lands and take
measures deemed necessary to correct the failure at the expense of the Lessor.
Sec. 13. Heirs and successors-in-interest -- Each obligation of this lease
shall extend to and be binding upon, and every benefit hereof shall inure to,
the heirs, executors, administrators, successors, or assignees of the respective
parties hereto.
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Navy Constraints On Naval Weapon Center Lands
In addition to the lease terms and requirements contained in the lease forms,
the lessee shall comply with the following Navy constraints unless they are
jointly modified by the Commander, NWC, and the Authorized Officer, Bureau of
Land Management, with the concurrence of the Deputy Conservation Manager (DCM)
for Geothermal, USGS.
The Commander, NWC, is the responsible agent of the Federal Government for the
utilization of the land surface and airspace of NWC. As such, the Commander,
NWC, is responsible for the protection of the health and safety of all
personnel, military and civilian, within the confines of NWC, and is responsible
for the continuing preservation of the ability of NWC to perform its mission of
air delivered weapons research, development, test, and evaluation.
1. Access.
Access to the NWC is a privilege granted by the Commander, NWC. Exercise of
this privilege requires adherence to NWC traffic regulations, check-in/
check-out procedures, radiation control measures, environmental controls,
area access limitations, and electronic emission controls and such other
published administrative regulations as appropriate. Access shall be on a
not-to-interfere basis with NWC test schedules, and shall be limited to that
specific lease block or area being explored, developed or produced. Access
schedules shall be established on a weekly basis with NWC. NWC shall provide
uninterrupted short term access for reasons of geothermal safety or other
drilling incidents requiring access to a specific site for geothermal
operations. Experience to date shows that in any given month, scheduled and
unscheduled daylight downtime will not regularly exceed 10% and nighttime
downtime will not regularly exceed 2%. Access shall require that for each
lease holder, one responsible contact point shall at all times know who is
present on NWC lands, and this contact point shall be reachable at all times
in event evacuation is ordered.
2. Security.
The mission of the NWC is such that visitors cannot be granted access to NWC
lands without going through NWC security procedures. All non-citizen visits
must be arranged through NWC with a minimum notice of 96 hours for non-
communist-bloc visitors. The latter will be considered on a case-by-case
basis. Accessible areas visitors use will be delineated by NWC.
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3. Environmental.
NWC retains the right to suspend any operation judged by the Center to
present an imminent threat to the environment. During all operations, all
federal, state and local environmental standards shall be rigorously
observed. No components of the environment shall be unnecessarily disturbed.
NWC shall have the right to impose those emission standards required to
protect the Center's mission.
4. Sites and Routes.
All vehicular traffic shall be limited to routes approved by NWC. Power
plant sites, drill pad sites, and pipe line routes will be selected subject
to NWC approval to ensure that such sites will have a minimum impact on NWC
range operations. All site plans shall be submitted to NWC for review and
approval. Routes to and from work areas within lease blocks shall be
approved by NWC.
5. Shelters.
Lease operators shall have the option of either moving employees outside NWC
boundaries upon request of the designated representatives of the Commander,
NWC, or retiring to NWC approved personnel shelters provided by the lessee
during those times when the NWC operations require personnel protection at
the work site.
6. Radioactive Sources.
No radioactive sources shall be brought into NWC until appropriate Navy
permits have been obtained. These permits will be issued after NWC has
verified the license of the operator to be valid for the proposed effort and
has approved written standard procedures for use and for handling lost or
damaged sources.
7. Injuries and Accidents.
All disabling injuries occurring within NWC boundaries will be reported
within 24 hours to NWC. NWC will have the right to suspend any operation
judged by NWC to present an imminent danger to any personnel on NWC property
or to government property.
8. Electronic Radiation.
Electronic emissions will not be permitted without prior review and
authorization by the NWC. Periods of emission will be coordinated with the
Center and, at times, the Center may require electronic emission silence for
periods of up to four hours.
2
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9. Plant Protection.
All wet-heads shall be revetted to a degree acceptable to NWC; all wells so
designated by NWC shall be fitted with an approved below ground or revetted
flow limiter; all pipe lines shall be fitted with automatic flow limiters as
approved by NWC and all power plants shall be equipped with a hardened
control room approved for continuous occupancy during NWC tests.
10. Information.
All information on incidents involving both NWC equipment and/or personnel
and the geothermal operators will be released to the public jointly by NWC
and the Department of Interior. Particular attention will be given to
information concerning incidents that have the potential for high public
interest. Any serious injury or fatality and any geothermal blowout will be
reported at once to NWC.
11. Military/Government Property.
All military and government property found on the land surface or embedded
in the land shall be left in place. NWC shall be informed of the presence of
all suspected or potentially hazardous material immediately and NWC
personnel will inspect and remove such material in a timely manner. In case
of doubt, NWC is to be called for an inspection.
12. Data Exchange.
Data on flow, chemistry of fluids and reservoir conditions and structure
shall be provided to NWC with such data to remain proprietary in accordance
with current practices and procedures as developed by the Deputy
Conservation Manager and set forth in 30 CFR 270.
13. Legal Jurisdiction.
Law enforcement on NWC lands will remain the responsibility of NWC. The use
of geothermal operator employees in a guard function or the contracting by
the geothermal operator for security guards on NWC lands will be subject to
review and approval by NWC.
14. Right of Inspection.
NWC shall have the right of inspection at all times to ensure and verify
compliance with these constraints.
15. Minor administrative costs incurred by the Naval Weapons Center, i.e.,
scheduling to avoid conflict with Weapons Center range use, will be
chargeable to the leaseholder. For more information call Dr. Carl Austin,
(714) 939-3411, extension 228.
3
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Form 3200-17 UNITED STATES FORM APPROVED
(August 1982) DEPARTMENT OF THE INTERIOR OMB NO. 1004-0074
BUREAU OF LAND MANAGEMENT Expires: April 30, 1985
Serial No. CA11402
ASSIGNMENT AFFECTING RECORD TITLE
TO GEOTHERMAL RESOURCES LEASE New Serial No.
PART I
COSO LAND COMPANY
c/o California Energy Company, Inc.
3333 Mendocino Ave., Suite 100
Santa Rosa, CA 95401
The undersigned, as owner of 100% percent of record title of the above-
designated geothermal resources lease issued effective (date) May 1, 1985,
hereby transfers and assigns to the assignee shown above, the record title
interest in and to such lease as specified below.
________________________________________________________________________________
- --
2. Describe the lands affected by this assignment (43 CFR 3241.2-5)
T. 22 S., R. 39 E., Mt. Diablo, Meridian
Sec. 19, Lots 1-4, Inclusive, E1/2, E1/2W1/2
Sec. 20,
Sec. 29,
Sec. 30, Lots 1-4, Inclusive, E1/2, E1/2W1/2
Total Area 2,554.04
________________________________________________________________________________
3. What part of assignor(s) record title interest is being conveyed to
assignee? (Give percentage or share) 100%
________________________________________________________________________________
4. What part of the record title interest is being retained by assignor(s)?
NONE
________________________________________________________________________________
5a. What overriding royalty or production payments is the assignor reserving
herein? (See Item 4 of General Instructions; specify percentage; no
assignment will be approved which does not comply with 43 CFR 3241.7-2 on
limitation of overriding royalties)
NONE
b. What overriding royalties or production payments, if any, were previously
reserved or conveyed? (Percentage only) NONE
________________________________________________________________________________
It is agreed that the obligation to pay any overriding royalties or payments out
of production of geothermal resources created herein, which, when added to
overriding royalties or payments out of production previously created, aggregate
in excess of 50 percent, of the rate of royalty due the United States, shall be
suspended.
I CERTIFY That the statements made herein are true, complete, and correct to the
best of my knowledge and belief and are made in good faith.
Executed this 17th day of May, 1985
California Energy Company, Inc.
By: /s/ Kenneth P. Nemzer 3333 Mendocino Ave., Suite 100
-------------------------------------- ------------------------------------------------------
(Assignor's Signature) (Assignor's Address)
Kenneth P. Nemzer
Secretary and General Counsel Santa Rosa, CA 95401
------------------------------------------------------
(City) (State) (Zip Code)
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_______________________________________________________________________________
Title 18 U.S.C., Section 1001, makes it a crime for any person knowingly and
willfully to make to any department or agency of the United States any false,
fictitious, or fraudulent statements or representations as to any matter within
its jurisdiction.
_______________________________________________________________________________
THE UNITED STATES OF AMERICA
Assignment approved as to the lands described below:
Same as Item #2
Assignment approved effective Jul 1, 1985 By /s/ Joan B. Russell
---------------- -----------------------------------------------
(Authorized Officer)
Chief, Leasable Minerals Section Jun 24, 1985
--------------------------------------------------
(Title) (Date)
================================================================================
==
NOTE: This form may be reproduced provided that copies are exact reproductions
on one sheet of both sides of this official form in accordance with the
provisions of 43 CFR 3241.2-4
================================================================================
==
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PART II
________________________________________________________________________________
ASSIGNEE'S REQUEST FOR APPROVAL OF ASSIGNMENT
________________________________________________________________________________
A. ASSIGNEE CERTIFIES THAT
1. Assignee is qualified to hold a geothermal resources lease under 43 CFR
3202.1
2. Assignee is ____ Individual ____ Municipality X Association
-----
____ Corporation
3. Assignee is the sole party in interest in this assignment (information as
to interests of other parties in this assignment must be furnished as
prescribed in Specific Instructions)
4. Filing fee of $50 is attached (See Item 2 of General Instructions)
5. Assignee's interests, direct and indirect, in geothermal resources leases,
do not exceed 20,480 chargeable acres (43 CFR 3201.2)
B. ASSIGNEE AGREES to be bound by the terms and provisions of the lease
described here, provided the assignment is approved by the Authorized
Officer.
C. IT IS HEREBY CERTIFIED That the statements made herein are true, complete,
and correct to the best of undersigned's knowledge and belief and are made in
good faith.
Executed this 17th day of May, 1985
Coso Land Company
By: /s/ Kenneth P. Nemzer
-----------------------------------
(Assignee's Signature)
Kenneth P. Nemzer
Secretary and General Counsel
California Energy Company, Inc.
Joint Venture (Operator)
3333 Mendocino Ave., Suite 100
Santa Rosa, CA 95401
----------------------------------
(Address, include zip code)
_______________________________________________________________________________
Title 18 U.S.C. Section 1001, makes it a crime for any person knowingly and
willfully to make to any department or agency of the United States any false,
fictitious, or fraudulent statements or representations as to any matter within
its jurisdiction.
________________________________________________________________________________
GENERAL INSTRUCTIONS
1. Use of form - Use only for assignment of record title interest in geothermal
resources leases, and for assignments of working or royalty interests,
operating agreements, or subleases. An assignment of record title may only
cover lands in one lease. If more than one assignment is made out of a
lease, file a separate instrument of transfer with each assignment.
2. Filing and number of copies - File three (3) completed and manually signed
copies in proper BLM office. A $50 nonrefundable filing fee must accompany
assignment. File assignment within ninety (90) days after date of final
execution.
3. Effective date of assignment - Assignment, if approved, takes effect on the
first day of the month following the date of filing of all required papers.
4. Overriding royalties or payments out of production - Describe in an accompany
statement any overriding royalties or payments out of production created by
assignment but not set out therein. If payments out of production are
reserved by assignor, outline in detail the amount, method of payment, and
other pertinent terms.
5. Effect of assignment - Approval of assignment of a definitely described
portion of the leased lands creates separate leases. Assignee, upon approval
of assignment, becomes lessee of the Government as to the assigned interest
and is responsible for
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complying with all lease terms and conditions,
including timely payment of annual rental and maintenance of any required
bond; except in the case of assignment of undivided interests, royalties, and
operating agreements.
6. A copy of the executed lease, out of which this assignment is made, should be
made available to assignee by assignor.
SPECIFIC INSTRUCTIONS
(Items not specified are self-explanatory)
PART I
Item 1 - Type of print plainly, in ink, between and below heavy dots, the
assignee's full name and mailing address, including zip code.
PART II
A. Certification of assignee
3. If assignee is an association or partnership, assignee must furnish a
certified copy of its articles of association or partnership, with a statement
that (a) it is authorized to hold geothermal resources leases; (b) that the
person executing the assignment is authorized to act on behalf of the
organization in such matters; and (c) names and addresses of members controlling
more than 10 percent interest.
If assignee is a corporation, it must submit a statement containing the
following information: (a) State in which it was incorporated; (b) that it is
authorized to hold geothermal resources leases; (c) that officer executing
assignment is authorized to act on behalf of the corporation in such matters;
and (d) percentage of voting stock and percentage of all stock owned by aliens
or those having addresses outside the United States. If 10 percent or more of
the stock of any class is owned or controlled by or on behalf of any one
stockholder, a separate showing of his citizenship and holdings must be
furnished.
If evidence of qualifications and ownership has previously been furnished as
required by the above, reference by serial number of record in which it was
filed together with a statement to any amendments. Qualifications of assignee
must be in full compliance with the regulations (43 CFR 3241.1-2).
4. Statement of interests - Assignee must indicate whether or not he is the
sole party in interest in the assignment; if not, assignee must submit, at time
assignment is filed, a signed statement giving the names of other interested
parties. If there are other parties interested in the assignment, a separate
statement must be signed by each assignee, giving the nature and extent of the
interest of each, the nature of agreement between them, if oral; and a copy of
agreement, if written. All interested parties must furnish evidence of their
qualifications to hold such lease interests. Separate statements and written
agreements, if any, must be filed with the filing of the assignment.
The Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) requires us to
inform you that:
This information is being collected in accordance with 73 CFP 3241.
This information will be used to identify and communicate with the parties
involved
[sentence illegible
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Form_000-3 UNITED STATES
(December 198_) DEPARTMENT OF THE INTERIOR FORM APPROVED
(FORMERLY 3106-5 & 3200-17) BUREAU OF LAND MANAGEMENT OMB NO. 1004-
0034
Expires: August 31,
1989
ASSIGNMENT OF RECORD TITLE INTEREST IN A
LEASE FOR OIL AND GAS OR GEOTHERMAL RESOURCES Lease Serial No.
Mineral Leasing Act of 1920 (30 U.S.C. 181 et seq.) CA-11402
Act for Acquired Lands of 1947 (30 U.S.C. 351-359) New Serial No.
Geothermal Steam Act of 1970 (30 U.S.C. 101-1025)
Department of the Interior Appropriations Act, Fiscal Year 1981 (P.L. 96-514)
Type or print plainly in ink and sign in ink.
PART A: ASSIGNMENT
1. Assignee Coso Geothermal Company
Street 601 California Street, Suite 1111
City, State San Francisco, California
Zip Code 94108
Additional Assignees None
This record title assignment is for:(Check one) __ Oil and Gas Lease, or /X/ Geothermal Lease
Interest conveyed: (Check one or both, as appropriate) /X/ Record Title, /__/ Overriding Royalty, payment out of
production or other similar
interests or payments
2. This assignment conveys the following interest:
Land Description Percent of Interest Percent of
Additional space on reverse, if needed. Do not submit Owned Conveyed Retained Overriding Royalty
documents other than this form; or Similar Interests
such documents should only Reserved Previously
be referenced herein. reserved
or conveyed
a b c d e f
T. 22 S., R. 39 E., Mt. Diablo Meridian
100% 100% 0% 0% 0%
Sec. 19, Lots 1-4, Inclusive, E1/2, E1/2W1/2
Sec. 20,
Sec. 29,
Sec. 30, Lots 1-4, Inclusive, E1/2, E 1/2W1/2
Total Area 2,554.04
FOR BLM USE ONLY
UNITED STATES OF AMERICA
This assignment is approved solely for administrative purposes. Approval does
not warrant that either party to this assignment holds legal or equitable title
to this lease.
X Assignment approved for above described lands: ___ Assignment approved
- --- for attached land
description
Assignment approved effective May 1 1988
By /s/ Fred O'Ferrall Chief, Leasable Minerals Section Apr 20 1988
(Authorized Officer) (Title) (Date)
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No. 2 Continued: ADDITIONAL SPACE for Land Description. in Item No. 2 if
needed.
PART B: CERTIFICATION AND REQUEST FOR APPROVAL
1. The assignor certifies as owner of an interest in the above designated lease
that he/she hereby assigns to the above assignee(s) the rights specified
above.
2. Assignee certifies as follow: (a) Assignee is a citizen of the United
States; an association of such citizens; a municipality; or a corporation
organized under the laws of the United States or of any State or territory
thereof. For the assignment of NPR-A leases, assignee is a citizen, nation,
or resident alien of the United States or association of such citizen,
nationals, resident aliens or private, public or municipal corporations, (b)
Assignee is not considered a minor under the laws of the State in which the
lands covered by this assignment are located; (c) Assignee's chargeable
interests, direct and indirect, in either public domain or acquired lands, do
not exceed 200,000 acres in oil and gas options or 246,080 in oil and gas
leases in the same State, or 300,000 acres in leases and 200,000 options in
each leasing District in Alaska, of this is an oil and gas lease issued in
accordance with the Mineral Leasing Act of 1920 or 51,200 acres in any one
State if this is a geothermal lease; and (d) All parties holding an interest
in the assignment are otherwise in compliance with the regulations (43 CFR
Group 3100 or 3200) and the authorizing Acts.
3. Assignee's signature to this assignment constitutes acceptance of all
applicable terms, conditions, stipulations and restrictions pertaining to the
lease described herein.
For oil and gas assignments, the obligation to pay overriding royalties, payment
out of production, carried interests, net profit interests, or such similar
payments or interests increased herein, which, when added to overriding
royalties or payments out of production or other similar interests or payments
previously created, may be suspended by the Secretary at any time upon a
determination that the excess constitutes a burden on lease operations in
accordance with 43 CFR 3103.
For geothermal assignments, an overriding royalty may not be less than one-
fourth (1/4) of one percent of the value of output, nor greater than 50 percent
of the rate of royalty due to the United States when this assignment is added to
all previously created overriding royalties (43 CFR 3241).
I certify that the statements made herein by me are true, complete, and correct
to the best of my knowledge and belief and are made in good faith.
Assignor /s/ Richard A. Nishkian
-------------------------------------------
Executed this 15th day of April , 1988 or Richard A. (Signature) Nishkian
Attorney-in-fact Senior Vice President*
(Signature)
Name of assignor as shown on current lease or assignment Coso Land Company
601 California Street, Suite 1111, San Francisco, California 94108
(Assignor's Address) (City) (State) (Zip Code)
Assignee /s/ Richard A. Nishkian
-------------------------------------------
Executed this 15th day of April , 1988 or Richard A. (Signature) Nishkian
Attorney-in-fact Senior Vice President and **
(Signature)
18 U.S.C. Sec. 1001 makes it a crime for any person knowingly and willfully to
make to any Department or agency of the United States any false, fictitious or
fraudulent statements or representations as to any matter within its
jurisdiction.
* and Chief Financial Officer, California Energy Company,
Inc., Operator for Coso Land Company
** Chief Financial Officer, California Energy Company, Inc., Operator for Coso
Geothermal Company
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Form 3000-3 UNITED STATES
(December 1986) DEPARTMENT OF THE INTERIOR FORM APPROVED
(formerly 3106-5 & 3200-17) BUREAU OF LAND MANAGEMENT OMB NO. 1004-0034
Expires: August 31, 1989
ASSIGNMENT OF RECORD TITLE INTEREST IN A Lease Serial No.
LEASE FOR OIL AND GAS OR GEOTHERMAL RESOURCES
Mineral Leasing Act of 1920 (30U.S.C. 181 et seq.) CA-11402
Act for Acquired Lands of 1947 (30U.S.C. 351-359) New Serial NO.
Geothermal Steam Act of 1970 (30 U.S.C. 1001-1025)
Department of the Interior Appropriations Act, Fiscal year 1981 (P.L. 96-514)
Type or print plainly in ink and sign in ink.
PART A: ASSIGNMENT
1. Assignee Coso Energy Developers
Street 601 California Street, Suite 1111
City, State San Francisco, California
Zip Code 94108
Additional Assignees None
This record title assignment is for: (Check one) __ Oil and Gas Lease, or X Geothermal Lease
---
Interest conveyed: (Check one or both, as appropriate) X Record Title, __ Overriding Royalty, payment out of production or
other similar interests or payments
2. This assignment conveys the following interest:
Land Description Percent of Interest Percent of
Additional space on reverse, if needed. Do not submit Owned Conveyed Retained Overriding Royalty
documents other than this form: such documents should only or Similar
Interests
be referenced herein. Reserved Previously
reserved or conveyed
a b c d e f
T. 22 S., R. 39 E., Mt. Diablo Meridian 100% 100% 0% 0% 0%
Sec. 19, lots 1-4, Inclusive, E1/2, E1/2W1/2
Sec. 20,
Sec. 29,
Sec 30, Lots 1-4, Inclusive, E1/2, E1/2W1/2
Total Area 2,554.04
FOR BLM USE ONLY
UNITED STATES OF AMERICA
This assignment is approved solely for administrative purposes. Approval does
not warrant that either party to this assignment holds legal or equitable title
to this lease.
X Assignment approved for above described lands: __ Assignment approved for attached land description
- ---
Assignment approved effective May 1 1988
By /s/ Fred O'Ferral Chief, Leasable Minerals Section Apr 20 1988
--------------------------- (Title)
(Authorized Officer)
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No. 2 Continued: ADDITIONAL SPACE for Land Description in Item No 2 if needed.
PART B: CERTIFICATION AND REQUEST FOR APPROVAL
1. The assignor certifies as owner of an interest in the above designated lease
that he/she hereby assigns to the above assignee(s) the rights specified
above.
2. Assignee certifies as follows: (a) Assignee is a citizen of the United
States: an association of such citizens; a municipality; or a corporation
organized under the laws of the United States or of any State or territory
thereof. For the assignment of NPR-A leases, assignee is a citizen, nation,
or resident alien of the United States or association of such citizen,
nationals, resident aliens or private, public or municipal corporations, (b)
Assignee is not considered a minor under the laws of the State in which the
lands covered by this assignment are located; (c) Assignee's chargeable
interests, direct and indirect, in either public domain or acquired lands, do
not exceed 200,000 acres in oil and gas options or 246,080 in oil and gas
leases in the same State, or 300,000 acres in leases and 200,000 acres in
options in each leasing District in Alaska, if this is an oil and gas lease
issued in accordance with the Mineral Leasing Act of 1920 or $1,200 acres in
any one State if this is a geothermal lease; and (d) All parties holding an
interest in the assignment are otherwise in compliance with the regulations
(43 CFR Group 3100 or 3200) and the authorizing Acts.
3. Assignee's signature to this assignment constitutes acceptance of all
applicable terms, conditions, stipulations and restrictions pertaining to the
lease described herein.
For oil and gas assignments, the obligation to pay overriding royalties, payment
out of production, carried interests, net profit interests, or such similar
payments or interests created herein, which when added to overriding royalties
or payments out of production or other similar interests or payments previously
created, may be suspended by the Secretary at any time upon a determination that
the excess constitutes a burden on lease operations in accordance with 43 CFR
3103.
For geothermal assignments, an overriding royalty may not be less than one-
fourth (1/4) of one percent of the value of output, nor greater than 50 percent
of the rate of royalty due to the United States when this assignment is added to
all previously created overriding royalties (43 CFR 3241).
I certify that the statements made herein by me are true, complete, and correct
to the best of my knowledge and belief and are made in good faith.
Assignor /s/ Richard A. Nishkian
---------------------------
Executed this 15th day of April 1988 Richard A. Nishkian
Attorney-in-fact Senior Vice
President and*
(Signature)
Name of assignor as shown on current lease or assignment Coso Geothermal Company
601 California Street, Suite 1111, San Francisco, California 94108
(Assignor's Address) (City) (State) (Zip Code)
Assignee /s/ Richard A. Nishkian
--------------------------
Executed this 15th day of April , 1988 or Richard A. Nishkian
Attorney-in-fact Senior Vice
President and **
(Signature)
18 U.S.C. Sec. 1001 makes it a crime for any person knowingly and willfully to
make to any Department or agency of the United States any false, fictitious or
fraudulent statements or representations as to any matter within its
jurisdiction.
* Chief Financial Officer, California Energy Company, Inc.,
Operator for Coso Geothermal Company
Coso Hotsprings Inetrmountain Power, Inc., General Partner of Coso Energy
Developers
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