Exhibit 10.46
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
Ridgecrest Resource Area
112 East Dolphin Street
Ridgecrest, California 93555
Right-of-Way MAY 7, 1986
CA- 18885
Section A
1. There is hereby granted, pursuant to Title V of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1761), a nonexclusive, nonpossesory
right-of-way to:
CALIFORNIA ENERGY COMPANY
3333 Mendocino Avenue
Santa Rosa, California 95401
In case of change of address the holder shall immediately notify the
authorized officer.
2. To use, subject to terms and conditions set out below, the following
described Public land:
T.22S., R.37E., MDM
Section 1, Lots 1 & 2 in NE 1/4, Lot 1 in NW 1/4, NW 1/4SW 1/4
T.21S., R.37E., MDM
Section 36, SE 1/4SE 1/4
T.21S., R.38E., MDM
Section 31, Lots 13-16
(Continued below)
3. Description of the right-of-way facility and purpose:
Right-of-Way Dimensions:
Length - 5.6 miles
Width - 10 feet
Acres - 6.78, more or less
A telephone cable to be buried in the ditch of the COSO - GILL's Station
Road to provide service to California Energy Company's geothermal power
plant within the China Lake Naval Weapons Center.
A map showing the location of the right-of-way over the above described public
land is attached hereto as Exhibit "A" and made a part hereof.
2. (Continued)
Section 32, Lots 1-5, 8
Section 33, S 1/2NE 1/4, NE 1/4SW 1/4, S 1/2SW 1/4, N 1/2SE 1/4
Section 34, N 1/2SW 1/4, SE 1/4SW 1/4, SW 1/4SE 1/4
TERMS AND CONDITIONS
Section B
1. The right-of way holder agrees to comply with all the applicable
regulations contained in 43 CFR 2800.
2. If the right-of-way holder violates any of the terms and conditions of this
grant, the authorized officer, after giving written notice may declare the
grant terminated.
3. This grant is subject to all valid rights existing on the effective date of
this grant.
4. There is reserved to the authorized officer the right to grant additional
rights-of-way or permits for compatible uses on, over, under, or adjacent
to the land involved in this grant.
5. The right-of-way shall be relinquished to the United States if the
authorized uses are no longer needed.
6. All other terms and conditions. Compliance will be in accordance with the
terms and conditions as specified herein and in Exhibit "B", attached
hereto and made a part hereof.
7. In consideration for this grant, the holder shall pay the Bureau of Land
Management, in advance, a rental of $25.00 for the first five year period,
subject to a rental determination at a later date. Any additional rental
that is determined to be due as a result of the rental determination shall
be paid upon request.
8. This right-of-way shall terminate 30 years from the effective date of
this grant unless prior thereto it is relinquished, abandoned, terminated,
or otherwise modified pursuant to the terms and conditions of this grant or
of any applicable Federal laws or regulation.
9. This right-of-way grant may be renewed. If renewed the right-of-way
will be subject to regulations existing at the time of renewal and such
other terms and conditions deemed necessary to protect the public interest.
Section C
The effective date of this right-of-way grant is the date of execution by
the Authorized Officer.
The undersigned agrees to the The right-of-way grant
terms and conditions of this is executed this 7th day
right-of-way grant: of May, 1986.
/s/ signature illegible /s/ Gregory S. Thomsen
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(Authorized Officer)
May 86
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Date
Exhibit "B"
1. The Holder shall comply with the applicable Federal and State laws and
regulations concerning the use of pesticides (i.e., insecticides,
herbicides, fungicides, rodenticides, and other similar substances) in all
activities/ operations under this grant. The Holder shall obtain from the
Authorized Officer approval of a written plan prior to the use of such
substances. The plan must provide the type and quantity of material to be
used; the pest, insect, fungus, etc., to be controlled; the method 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 no later than December 1 of any calendar year that covers the
proposed activities for the next fiscal year (i.e., December 1, 1983,
deadline for fiscal year 1985 action). If 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 within other
limitations if the Secretary has imposed limitations. Pesticides shall not
be permanently stored on public lands authorized for use under the grant.
2. The Holder shall indemnify the United States against any liability for
damage to life or property arising from the occupancy or use of public
lands under this grant.
3. The Holder agrees not to exclude any person from participating in
employment or procurement activity connected with this grant on the grounds
of race, creed, color, national origin, and sex, and to ensure against such
exclusions, the Holder further agrees to develop and submit to the proper
reviewing official specific goals and timetables with respect to minority
and female participation in employment and procurement activity connected
with this grant. The Holder will take affirmative action to utilize
business enterprises owned and controlled by minorities or women in its
procurement practices connected with this grant. Affirmative action will
be taken by the Holder to assure all minorities or women applicants full
consideration of all employment opportunities connected with this grant.
The Holder also agrees to post in conspicuous places on its premises which
are available to contractors, subcontractors, employees, and other
interested individuals, notices which set forth equal opportunity terms;
and to notify interested individuals, such as bidders, contractors,
purchasers, and labor unions or representatives of workers with whom it has
collective bargaining agreements, of the Holder's equal opportunity
obligations.
4. The Holder shall limit surface disturbance to the minimum needed. All
disturbed areas shall be rehabilitated to the satisfaction of the
Authorized Officer.
5. The telephone cable will be buried within the existing disturbed area of
the Coso - Gill's Station Road.