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Ormat Technologies, Inc. – IPO: ‘S-1/A’ on 9/28/04 – EX-10.4.12

On:  Tuesday, 9/28/04, at 9:30am ET   ·   Accession #:  950136-4-3123   ·   File #:  333-117527

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  As Of                Filer                Filing    For·On·As Docs:Size              Issuer               Agent

 9/28/04  Ormat Technologies, Inc.          S-1/A                 90:15M                                    Capital Systems 01/FA

Initial Public Offering (IPO):  Pre-Effective Amendment to Registration Statement (General Form)   —   Form S-1
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: S-1/A       Amendment 1 to Form S-1                             HTML   3.29M 
 2: EX-1.1      Form of                                             HTML    194K 
11: EX-10.1.10  Amendment # 1 to Loan Agreement                     HTML     27K 
12: EX-10.1.11  Capital Note                                        HTML     22K 
13: EX-10.1.12  Amendment No. 1 to Capital Note                     HTML     22K 
14: EX-10.1.13  Guarantee Fee Agreement                             HTML     22K 
15: EX-10.1.14  Reimbursement Agreement                             HTML     25K 
16: EX-10.1.15  Services Agreement                                  HTML     40K 
 3: EX-10.1.2   Amended and Restated Bridge Loan Agreement          HTML    100K 
 4: EX-10.1.3   Bank Hapoalim Credit Facility Agreement             HTML    386K 
 5: EX-10.1.4   Credit Agreement Dtd 12/31/02                       HTML    730K 
 6: EX-10.1.5   Credit Agreement Dtd 12/18/03                       HTML   1.09M 
 7: EX-10.1.6   Eximbank Credit Agreement                           HTML    557K 
 8: EX-10.1.7   Indenture                                           HTML    703K 
 9: EX-10.1.8   First Supplemental Indenture                        HTML     39K 
10: EX-10.1.9   Loan Agreement                                      HTML     38K 
84: EX-10.10    Indemnification Agreement                           HTML     46K 
17: EX-10.2.1   Purchase and Sale Agreement                         HTML    360K 
18: EX-10.3.1   Power Purchase Contract                             HTML    121K 
23: EX-10.3.11  Amended and Restated Power Purchase and Sale Agmt   HTML    237K 
24: EX-10.3.13  Power Purchase Contract                             HTML    197K 
25: EX-10.3.14  Amendment No. 1 Power Purchase Contract             HTML     64K 
26: EX-10.3.16  Power Purchase Contract Dtd 4/16/85                 HTML    206K 
27: EX-10.3.17  Amend 1 to Power Purchase Contract Dtd 10/25/85     HTML     46K 
28: EX-10.3.18  Amend 2 to Power Purchase Contract Dtd 12/20/89     HTML     25K 
29: EX-10.3.19  Interconnections Facilities Agreement               HTML     77K 
30: EX-10.3.20  Interconnection Facilities Agreement                HTML     35K 
31: EX-10.3.21  Interconnection Facilities Agreement                HTML     58K 
32: EX-10.3.22  Interconnection Agreement                           HTML     31K 
33: EX-10.3.23  Plant Connection Agreement                          HTML     58K 
34: EX-10.3.24  Plant Connection Agreement                          HTML     96K 
35: EX-10.3.25  Transmission Service Agreement                      HTML     87K 
36: EX-10.3.26  Plant Connection Agreement                          HTML     53K 
37: EX-10.3.27  Plant Connection Agreement                          HTML     61K 
38: EX-10.3.28  Plant Connection Agreement                          HTML     64K 
39: EX-10.3.29  Plant Connection Agreement                          HTML    186K 
19: EX-10.3.3   Power Purchase Contract                             HTML    111K 
40: EX-10.3.30  Plant Connection Agreement                          HTML    187K 
41: EX-10.3.31  Transmission Service Agreement                      HTML     81K 
42: EX-10.3.32  Transmission Service Agreement                      HTML     83K 
43: EX-10.3.33  Transmission Service Agreement                      HTML     85K 
44: EX-10.3.34  Transmission Service Agreement                      HTML    100K 
45: EX-10.3.35  Plant Amendment No. 1                               HTML     28K 
46: EX-10.3.39  Agreement Addressing Renewable Energy Pricing       HTML     74K 
47: EX-10.3.40  Amnd No.1 to Agrt Address Renewable Energy Pricing  HTML     58K 
48: EX-10.3.41  Agreement Addressing Renewable Energy Pricing       HTML     72K 
49: EX-10.3.42  Amend No. 1 to Agrnt Addr Renewable Energy Pricing  HTML     64K 
50: EX-10.3.43  Energy Services Agreement                           HTML     79K 
51: EX-10.3.44  Purchase Power Contract, Dated March 24, 1986       HTML     92K 
52: EX-10.3.45  Firm Capacity Amendment                             HTML     78K 
53: EX-10.3.46  Amendment to Purchase Power Contract                HTML     32K 
54: EX-10.3.47  Third Amendment to Purchase Power Contract          HTML     76K 
55: EX-10.3.48  Performance Agreement                               HTML    167K 
56: EX-10.3.49  Agreement to Design 69 Kv Transmission Lines        HTML     79K 
20: EX-10.3.5   Amendment #1 to Power Purchase and Sales Agreement  HTML     49K 
21: EX-10.3.6   Settlement Agreement                                HTML     37K 
22: EX-10.3.7   Power Purchase Contract Dtd 4/16/85                 HTML    155K 
57: EX-10.4.1   Ormesa Blm Geothermal Resources Lease               HTML    160K 
63: EX-10.4.12  Lease Agreement, Dated 3/17/64                      HTML     89K 
64: EX-10.4.13  Lease Agreement, Dated 2/16/64                      HTML     72K 
65: EX-10.4.18  Geothermal Lease Agreement, Dated 7/18/79           HTML     79K 
66: EX-10.4.19  Lease Agreement                                     HTML     82K 
58: EX-10.4.2   Ormesa Blm License for Electric Power Plant         HTML     42K 
67: EX-10.4.20  Lease Agreement, Dated 6/14/71                      HTML     56K 
68: EX-10.4.21  Lease Agreement                                     HTML     63K 
69: EX-10.4.23  Geothermal Lease Agreement                          HTML     55K 
70: EX-10.4.24  Geothermal Lease Agreement, Dated 8/31/83           HTML    128K 
71: EX-10.4.26  Geothermal Resources Lease - Guisti                 HTML     55K 
72: EX-10.4.27  Amendment to Geothermal Lease                       HTML     27K 
73: EX-10.4.28  Second Amendment to Geothermal Lease                HTML     39K 
74: EX-10.4.29  Geothermal Resources Sublease                       HTML    144K 
59: EX-10.4.3   Geothermal Resources Mining Lease, Dated 2/20/81    HTML    126K 
75: EX-10.4.30  Klp Lease                                           HTML    265K 
76: EX-10.4.31  Klp Lease Amendment No. 1                           HTML    341K 
77: EX-10.4.32  Second Amendment to Klplease                        HTML     25K 
60: EX-10.4.4   Geothermal Lease Agreement, Dated 10/20/75          HTML     55K 
61: EX-10.4.5   Geothermal Lease Agreement                          HTML     78K 
62: EX-10.4.6   Geothermal Resources Lease, Dated 11/18/83          HTML     77K 
78: EX-10.5.1   Engineering, Procurement and Construction Contract  HTML    434K 
79: EX-10.5.3   Engineering, Procurement and Construction Contract  HTML   1.00M 
80: EX-10.5.4   Patent License Agreement                            HTML    144K 
81: EX-10.7     Executive Employment Agreement of Lucien Bronicki   HTML     70K 
82: EX-10.8     Exec Employment Agreement of Yehudit Bronicki       HTML     75K 
83: EX-10.9     Executive Employment Agreement of Yoram Bronicki    HTML     82K 
85: EX-23.1     Consent of Independent Accountants                  HTML     22K 
86: EX-23.3     Consent of Dani Falk                                HTML     21K 
87: EX-23.4     Consent of Edward Muller                            HTML     21K 
88: EX-23.5     Consent of Lester P. Silverman                      HTML     21K 
89: EX-23.6     Consent of Jacob Worenklein                         HTML     21K 
90: EX-99.3     Material Terms Deviations                           HTML     21K 


EX-10.4.12   —   Lease Agreement, Dated 3/17/64

This exhibit is an HTML Document rendered as filed.  [ Alternative Formats ]

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Exhibit 10.4.12 LEASE AGREEMENT THIS AGREEMENT, made and entered into as of the 17 day of March, 1964, by and between HELEN S. FUGATE, a widow hereinafter called "Lessor" (whether one or more) and STANDARD OIL COMPANY OF CALIFORNIA, a corporation , hereinafter called "Lessee," W I T N E S S E T H 1. Lessor, for and in consideration of the sum of $10 in hand paid, and of the royalties herein provided and of the covenants and agreements hereinafter contained, hereby grants, demises, leases and lets unto Lessee, the land hereinafter described with the sole and exclusive right to Lessee to drill for, produce, extract, take and remove therefrom water, brine, steam, steam power, minerals (other than oil), salts, chemicals, gases (other than gas associated with oil), and other products produced or extracted by Lessee from any thereof. Each of the foregoing is hereinafter sometimes termed "a lease product" and all thereof are sometimes termed "the lease products." For the same consideration Lessee is hereby granted the right to store, utilize, process, convert, and otherwise use such lease products upon said land and to sell the same or any part thereof off said land during the term hereof, with the right of entry thereon at all times for said purposes, and to construct, use, maintain, erect, repair and replace thereon, and to remove therefrom all roads, pipelines, ditches and lanes, telephone and telegraph lines, utility installations, power lines, poles, tanks, evaporation or settling basins, extraction or processing plants, machinery, equipment, buildings, electric power plants, and equipment for generation and transmission of steam power, and electric power, and for the handling, treatment or storage of lease products, and all structures and facilities relating thereto, which Lessee may desire to erect, construct or install in carrying on Lessee's business and operations on or from said land and other lands in the vicinity of said land; and Lessee shall have the further right to erect, maintain, operate and remove a plant or plants, structures and facilities, with all necessary appurtenances for the conversion of steam to electric power, and for the extraction of lease products from steam, brine or water produced from said land, and other lands in the vicinity of said land, including all rights necessary or convenient thereto, together with rights of way for passage over, upon and across and ingress and egress to and from said land for any or all of the above mentioned purposes. Lessee shall also have the right to dispose of waste brine and other waste products in a well or wells drilled or converted for that purpose on the leased land or on other land in the vicinity, and the right to inject water, brine, steam and gases in a well or wells on said land or such other land for the purpose of maintaining or restoring pressure in the productive zones beneath said land or other land in the vicinity thereof. The said land included in this lease is situated in the County of Imperial, State of California, and is described as follows, to wit: Tract No. 44 Township 16 South, Range 14 East, S.B.M. containing 80 acres of land more or less. This lease shall cover all the interest in said land now owned or hereafter acquired by Lessor, even though greater than the undivided interest (if any) described above. For the purpose of calculating any payments based on acreage, Lessee, at Lessee's option, may act as if said land and its constituent parcels contain the acreage above stated, whether they actually contain more or less.
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2. Subject to the other provisions herein contained, this lease shall remain in force for a period of twenty (20) years from the date hereof, called the "primary term," and thereafter so long as lease products, or any one or more of them, is produced from, or Lessee is engaged in drilling, extraction, processing or reworking operations on said land hereunder or on land pooled or unitized with said land, as provided in Section 19 hereof, (said land, together with such pooled or unitized land, being hereinafter sometimes called "the unit area"). 3. Lessee shall pay to Lessor, on or before the last day of each calendar month, the royalties accrued and payable for the preceding calendar month, and in making such payments Lessee shall furnish to Lessor statements setting forth the basis for computation of such royalty. As royalty and rental, Lessee shall pay to Lessor 10% of the value at the well of all lease products produced, saved and sold. As used herein, the term "value at the well" shall mean the actual price received by Lessee for the sale of lease products at the well. If such products are not sold by Lessee at the well but are sold at a plant or plants on or in the vicinity of said land, then the value at the well shall be determined by deducting from the actual price received by Lessee for the sale of such lease products all costs and expenses incurred by Lessee in transporting, manufacturing, processing and otherwise handling such lease products prior to the actual sale thereof. If lease products are not sold by Lessee at the well or at such a plant but are otherwise used by Lessee in its chemical operations or disposed of for value, then the value of such lease products at the well shall be determined by deducting from the price thereof at the nearest point where the same or similar products are sold in substantial quantities, the cost of transporting, manufacturing, processing and otherwise handling such lease products prior to sale thereof. Lessee shall meter, gauge or otherwise determine the volume and quality of all lease products commingled and such metering or gauging shall furnish the basis for computing Lessor's royalties hereunder. Lessee may use, free of royalty, steam, steam power, electric power, and water developed from said land by Lessee, for all operations hereunder, and Lessee shall not be required to account to Lessor for, or pay royalty on any lease product or products reasonably lost or consumed in operations hereunder. 4. Lessee agrees to commence drilling, extraction or processing operations on said land or on the unit area within the period of thirty (30) years from the date hereof and to prosecute such operations with reasonable diligence until lease products or any thereof shall have been found, extracted and processed in quantities deemed paying quantities by Lessee, or until further operations would, in the judgment of Lessee, be unprofitable or impracticable, or Lessee may at any time within said primary term terminate this lease and surrender said land provided that, commencing with the 17th day of March, l965, if Lessee has not theretofore commenced any such operations on said land or on the unit area or terminated this lease, Lessee shall pay or tender to Lessor annually, in advance, as rental, the sum of Eight-hundred and no/100 DOLLARS ($800.00) (each of such annual periods being hereinafter referred to as "rental period") until operations are commenced on said land or lands which have been pooled or unitized therewith, pursuant to paragraph 19 hereof, or this lease terminated as herein provided; it being understood that in the event of the surrender or termination of this lease as to any portion or portions of the land covered thereby, said rental shall be reduced proportionately as provided in paragraph 16 hereof. The consideration expressed in paragraph 1 hereof covers all rental to the date last above mentioned. If Lessee shall elect not to commence operations on said land or on the unit area during the primary term, as above provided, this lease shall terminate. 2
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It is expressly understood and agreed by the parties hereto: a. That if within 10 years from the date hereof Lessee has not completed one or more wells or a processing plant on the unit area or on said land, capable of producing or processing lease products or any thereof in quantities and quality deemed paying quantities by Lessee, then Lessor may, at his option, terminate this lease; and b. That if within 15 years from the date hereof Lessee has not made or arranged for a sale or sales of lease products or any thereof, produced from or allocated to said land, then Lessor may, at his option, terminate this lease. 5. If at any time or times after the primary term or within three (3) months before expiration of the primary term, all operations and all production hereunder on said land or on the unit area shall cease for any cause other than those for which specific provision is made herein, this lease shall not terminate if Lessee shall commence or resume drilling, processing, extraction or reworking operations or production within three (3) months after such cessation. 6. Lessee shall be obligated to produce only such quantity or quantities of lease products as it may be able to market at the well or wells, plant or plants. It is recognized that the market demand for lease products may vary from time to time and during such periods as there is no market at the wells or plant for any lease product or products, Lessee's obligation to produce, process and extract such lease product or products shall be suspended. Subject to the foregoing and except as herein otherwise provided, it is agreed that the Lessee shall drill such wells and operate each completed well with reasonable diligence and in accordance with good operating practice so long as such wells shall produce lease products in paying quantities while this lease is in force as to the portion of said land on which such well or wells are situated; but in conformity with any reasonable conservation program affecting the drilling of wells or the production of lease products from said land, which the Lessee may either voluntarily or by order of any authorized governmental agency adopt, subscribe to or be subject to. 7. The possession by Lessee of said land shall be sole and exclusive excepting only that Lessor reserves the right to occupy and use or to lease the surface of said land for agricultural, horticultural or other surface uses, except those granted to Lessee hereunder, which uses shall be carried on by Lessor subject to, and with no interference with, the rights or operations of Lessee hereunder. No well shall be drilled closer than 100 feet to any residence or barn now on said land without written consent of Lessor. Lessee shall pay for damages caused by Lessee's operations to houses, barns, growing crops, fences and irrigation systems. Lessee shall have the right to drill such wells on said land as Lessee may deem desirable for the purposes hereof and Lessee shall utilize or use only so much of said land as is necessary or reasonably convenient for Lessee's operations hereunder and shall interfere as little as reasonably necessary with the use and occupancy of said land by Lessor. No default of Lessee hereunder with respect to any well, or portion of this lease, shall impair Lessee's rights with respect to any other well or portion of this lease. 3
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8. The rights of Lessor and Lessee hereunder may be assigned in whole or in part. No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge the obligations or diminish the rights of Lessee, and Lessee's operations may be conducted without regard to any such division. If all or any part of this lease is assigned, no leasehold owner shall be liable for any act or omission of any other leasehold owner, and failure by one to pay rental shall not affect the rights of others--rental being apportionable in proportion to acreage. 9. The obligations of Lessee hereunder shall be suspended (but without impairment of Lessor's rights under (a) and (b) of paragraph 4 hereof) while Lessee is prevented or hindered from complying therewith in part or in whole, by strikes, lockouts, labor distrubances, acts of God, unavoidable accidents, laws, rules, regulations or orders of any Federal, state, municipal or other governmental agency, acts of war or conditions arising out of or attributable to war, shortage of necessary material, equipment or labor, or restrictions in, or limitations upon the use thereof, inability to secure or absence of a market for the sale of lease products which can be produced or recovered in commercial quantities from said land, delays in transportation, and also matters beyond the control of Lessee, whether similar to the matters herein specifically enumerated or not. This lease shall remain in full force and effect during any suspension of Lessee's obligations under any provisions of this paragraph, and for a reasonable time thereafter, provided that after the removal of the cause or causes preventing or hindering the performance of such obligation, Lessee, subject to the other provisions of this Lease, diligently commences or resumes the performance of such obligation. Notwithstanding anything to the contrary herein provided, if any of Lessee's obligations hereunder conflict with or violate the provisions of any reasonable conservation program or plan of orderly development, whether now or hereafter adopted, to which Lessee may voluntarily subscribe, or of any conservation program or plan which is now or may hereafter be prescribed by any order of any governmental agency, Lessee shall not be obligated to perform such obligation. 10. If Lessee shall fail to pay any installment of royalty or rental when due and if such default shall continue for a period of 15 days after receipt by Lessee of written notice thereof from Lessor to Lessee, then at the option of Lessor, this lease shall terminate as to the portion or portions thereof as to which Lessee is in default; provided, however, that if there be a bona fide dispute as to the amount due and all undisputed amounts are paid, said 15-day period shall be extended until 5 days after such dispute is settled by final court decree, arbitration or agreement. If lessee shall be in default in the performance of any obligations under this Lease, other than the payment of rentals or royalties, and if, for a period of 90 days after written notice is given to Lessee by Lessor of such default, Lessee shall fail to commence and thereafter diligently and in good faith prosecute action to remedy such default, Lessor may terminate this Lease. 11. Lessee shall pay all taxes that may be levied against the improvements, plant, machinery and personal property owned by Lessee and located upon any part of said land. 4
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12. Lessee shall also pay Lessee's share of any and all taxes assessed during the term of this lease upon any products of Lessee's operations hereunder, together with Lessee's share of all severance, production and license taxes or other taxes or assessments levied or assessed on account of the production of lease products or any thereof on or from said land, or on or from such portion of said land as Lessee may be holding under this lease on the date of such tax lien. 13. Lessor agrees to pay Lessor's share of any and all taxes assessed upon any products of Lessee's operations hereunder, together with Lessor's share of all severance, production and license taxes or other taxes or assessments levied or assessed on account of the production of lease products from said land and to pay all, other taxes assessed against said land, whether the same are assessed to Lessor or Lessee or otherwise, and Lessee is hereby authorized to pay all such taxes and assessments on behalf of Lessor and to deduct the amount so paid from any royalties or moneys due Lessor hereunder. "Lessee's share" and "Lessor's share", as used above refers to Lessee's and Lessor's respective proportionate parts of the gross proceeds from the sale of any and all lease products produced, saved and sold from said land by Lessee or allocated to said land under the terms of any unit or pooling plan during the preceding calendar year. 14. All royalties, rentals and other payments payable in money hereunder shall be paid to Lessor by Lessee mailing or delivering a check therefor to Lessor at 515 - Sandalwood Drive, El Centro, California, or Lessee may, at its option, pay any or all royalties, rentals and other payments payable in money hereunder by mailing or delivering a check therefor to Bank of America at El Centro, California its successors and assigns, herein designated by Lessor as depositary, hereby granting to said depositary full power and authority on behalf of Lessor and on behalf of the heirs, executors, administrators, successors and assigns of Lessor, and each of them, to collect and receipt for all sums of money due and payable from Lessee to Lessor hereunder, and to settle all accounts and accounting of rentals, royalties and other payments payable in money hereunder. No change in the ownership of the land or minerals covered by this lease and no assignment of rentals or royalties shall be binding upon Lessee or the depositary until both Lessee and the depositary have been furnished with written evidence thereof satisfactory to them. Said depositary above named shall continue to act as such until the owners and holders of at least two-thirds of Lessor's estate hereunder shall in writing designate a different depositary and notify Lessee in writing at P.O. Box 3495, San Francisco, California, 94120, of the name and address of such new depositary. The payment of any and all rentals, royalties and other payments hereunder by Lessee to the depositary designated herein or to any other depositary hereafter designated by Lessor, as aforesaid, shall be a full acquittance and discharge of Lessee of and from any and all liability to Lessor, and to the heirs, executors, administrators, successors and assigns of Lessor, and each of them, for any part of such rentals, royalties or other payments, and Lessee will not be responsible at any time for the disposition or disbursement by any such depositary of all or any part of any moneys received by it hereunder. 15. It is agreed that if Lessor owns a less interest in the sole and exclusive rights herein granted Lessee, than the entire and undivided fee simple estate therein, then any royalties, rentals and other payments herein provided for shall be paid Lessor only in the proportion which Lessor's interest bears to the whole and undivided fee. In the event Lessee's estate hereunder shall fail, for a cause other than Lessee's default hereunder, in regard to any portion of said land or any interest therein, such failure shall not affect or invalidate Lessee's estate hereunder in 5
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regard to the remaining portions of said lands or the remaining interests therein and this lease shall nevertheless continue in full force and effect with respect to said remaining portions of said land or remaining interests therein, and Lessee shall not be accountable to Lessor for any payment theretofore made with respect to said portion of said land or such interest in regard to which Lessee's estate hereunder has failed. If and whenever it shall be necessary so to do in order to protect Lessee's interest under this lease, Lessee may at its option pay and discharge at any time any mortgage or other lien now or hereafter attaching to said land or any part thereof and in such event lessee shall be subrogated to all of the rights of the owner or holder of such mortgage or other lien and Lessee may in addition thereto, at its option, apply to the discharge of any such mortgage or other lien, or to the reimbursement to lessee for any amount so paid by it, any rentals, royalties or other sums accruing or payable hereunder, to the owner of the lands to which such mortgage or other lien attaches. 16. Lessee may at any time or times surrender this lease as to all or any portion of said land and be relieved of all obligations thereafter accruing as to the acreage surrendered, and thereafter the rental shall be reduced in the same proportion that the acreage covered hereby is reduced. In the event this lease shall be surrendered under the provisions of this paragraph, or assigned as hereinabove provided as to any portion or portions of said land, Lessee shall have such rights of way or easements hereunder, over, upon and across the land as to which this lease is so surrendered or assigned as shall be necessary or convenient for Lessee' s operations on the land retained by it and other lands in the vicinity thereof. Upon any surrender or assignment of this lease as to all or any portion of said land, Lessee shall be relieved of all further obligations hereunder with respect to the lands so surrendered or assigned. Any such surrender shall become effective upon delivery to Lessor, or to the depositary bank herein designated, or the deposit in the United States mail, postage prepaid, of a duly executed duplicate of an instrument of surrender properly addressed to Lessor or to such depositary bank. Within a reasonable time thereafter, Lessee shall record the original of such instrument of surrender. 17. Lessee shall have the right at any time and from time to time during the continuance hereof and within a reasonable time after the surrender or any termination of this lease, to remove from said land all equipment, machinery, installations, and any other property or improvements belonging to or furnished by Lessee or Lessee's permitees. 18. All labor to be performed and material to be furnished in the operations of Lessee hereunder shall be at the cost and expense of Lessee, and Lessor shall not be chargeable with nor liable for any part thereof. Lessee shall protect said land from liens arising from Lessee's operations thereon. 19. (a) Lessee is given the sole right and option by written declaration of pooling at any time or from time to time, within twenty (20) years from the date hereof, to combine, pool or unitize in whole or in part as to any stratum or strata all or any part of said lands with other lands not subject to this lease so as to create one or more reasonably compact operating units for any operating or producing purpose. Such written declaration of pooling shall describe the pooled lands and shall become effective when recorded in the Office of the County Recorder in the county where the land is situated. Lessee shall give written notice of such pooling to those Lessors whose lands are so pooled. Lessors agree that with respect to all lease products obtained from any lands included within any such operating unit, whether or not from lands covered by 6
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this lease, there shall be allocated to and deemed to have been produced from the lands covered by this lease and included in such operating unit, only that proportion of the entire production from such operating unit that the amount of acreage within the lands herein leased and included in such operating unit bears to the total acreage of all of the land in such operating unit, and royalty payable under this lease with respect to leased land included in such operating unit shall be computed only on that portion of such production so allocated to such leased lands. The entire acreage so pooled or unitized shall be treated as if it were covered by one lease and the drilling of a well or performance of any other obligations in any part of such operating unit, whether or not on land subject to this lease, shall fulfill Lessee's drilling and other obligations under this lease to the same extent as if such well were drilled and other obligations performed on land subject to this lease. No offset obligation shall accrue under this lease as a result of any well drilled within any such operating unit. Lessee may, at its sole option, at any time when there is no production in such operating unit of lease products in quantities deemed paying by Lessee terminate such operating unit by a written declaration thereof, in the same manner in which it was created. (b) Lessee is hereby granted the right at any time or times within the period hereinafter provided to unitize this lease and the lands covered hereby, in whole or in part or as to any stratum or strata, with other lands and leases and to increase or decrease the size of any such unit. Any change in the amount of Lessor's royalties resulting from unitization of this lease or from any increase or decrease in the size of any such unit shall not be retroactive. In the event of any such unitization, this lease, unless sooner terminated by Lessee, shall continue in effect for so long as any of the lands hereby leased remain subject to such unit. The drilling and producing operations conducted on any of the unitized lands shall constitute full compliance with the drilling and producing obligations of Lessee hereunder and Lessor shall be entitled to the royalties in this lease provided, on the fractional part only, if any, of the unit production allocated to this lease in accordance with the provisions of said unit. The method of allocation of production from lands subject to said unit shall be set forth therein and may be based upon the surface acreage or the estimated volumetric content of recoverable lease products, or any weighing of either or both thereof, of lands within such unit or within the estimated productive limits of such unit, or such allocation may be made upon any other basis approved by State or Federal authorities having jurisdiction thereof. The provisions of this paragraph authorizing the establishment and enlargement or contraction of such unit and change of the ratio of participation thereunder shall not extend beyond the period of twenty (20) years from the date of this lease; provided, however, that if such unit is established before the expiration of said twenty-year period, such unit may continue in effect beyond said twenty-year period. Any such unit may be established, enlarged, or diminished, and, in the absence of production therefrom, may be dissolved by Lessee's filing for record an instrument so declaring. A copy of such instrument shall be delivered to Lessor or to the depositary. 20. Whenever used herein, the expression "drilling operations" shall mean, for all purposes hereof, any work or actual operations undertaken or commenced for the purpose of drilling of a well, including without limiting the generality hereof, the preparation of the ground therefor, the building of roads and other facilities therefor, the construction of a derrick and other necessary structures for the drilling of a well followed by the actual operation of drilling in the ground. Any such work or operations preliminary to the drilling in the ground may be 7
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undertaken in any order Lessee shall see fit. All such work and operations shall be prosecuted with reasonable diligence. 21. This agreement may be executed in any number of counterparts with the same force and effect as if all parties signed the same document. 22. This lease shall be binding upon all who execute it, whether or not they are named in the granting clause hereof and whether or not all parties named in the granting clause execute this lease. All the provisions of this lease shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of Lessor and Lessee. IN WITNESS WHEREOF, the parties hereto have executed this agreement. STANDARD OIL COMPANY OF AMERICA By: /s/ Indecipherable ------------------------------------ --------------------------------- Contract Agent By: /s/ Indecipherable /s/ Helen S. Fugate ------------------------------------ --------------------------------- Assistant Secretary HELEN S. FUGATE ------------------------------------ --------------------------------- LESSEE LESSOR Witness to the above signature(s) /s/ Kenneth B. Masre ----------------------------- 8
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BOOK 1678 PAGE 1069 DOLORES PROVEHCIO COUNTY RECORDER BOOK 1678 PAGE 1069 ----------- '91 JUL 30 PA 2 23 REG $5 ----------- OFFICIAL RECORDS RIF $3 IMPERIAL COUNTY, CA ----------- MC $1 ----------- NIL $_ ----------- TOTAL $9 ----------- RECORDING REQUESTED BY AND Return to: CHEVION RESOURCES COMPANY LEASE # 226420 LAND & LEGAL DEPARTMENT P.O. BOX 5049 SAN RAMON, CA 94583-0949 ROYALTY PAYMENT AGREEMENT WHEREAS, HELEN S. FUGATE, as Lessor and STANDARD OIL COMPANY OF CALIFORNIA, as Lessee, entered into that certain Lease Agreement, ("Said Lease)" dated March 17, 1964 and recorded in the Office of the County Recorder of Imperial County, California in Book 1193, Page 42 et seq, as amended, whereby Lessor did grant, let and lease unto Lessee for the purposes stated therein, the following described land, ("Said Land"): Tract 44, Township 16 South, Range 14 East SBM, Imperial County, California AND, WHEREAS, by Decree of Final Distribution in the Estate of Helen S. Fugate, deceased, Superior Court of Imperial County, Case No. 9694 dated August 13, 1976 and recorded in Book 1390, Page 1830 of said official records, Lessor's interest in said lease vested in Norman E. Wallace and Norman E. Wallace, Trustee, each as to an undivided one half interest, and WHEREAS, by mesne conveyance, Lessee's interest is now vested in Chevron Geothermal Company of California, and WHEREAS, Said Land ("Unit Tract 61") was designated for development and operation by the Heber Geothermal Unit Agreement recorded in Book 1437, Page 1277 of said Official Records and Lessors were receiving royalty payments In accordance with said Lease and Unit Agreement, and WHEREAS, by Decree of Final Distribution in the Estate of Norman Elliot Wallace, deceased, Superior Court of San Diego County, Case No. 150960 dated March 4, 1991 and recorded in Book 1671, Page 554 of said Official Records, ORIGINAL --------------------------------------------------------------------------------
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BOOK 1678 PAGE 1070 LEASE # 226420 Norman E. Wallace's undivided one-half interest in said lease is now vested in Rowan Sokolowski as a life tenant and Clairemont Mesa Masonic Lodge No. 799 as remainderman. The undersigned parties hereby agree that the royalties paid under said unit tract 61 as to the aforementioned undivided one-half interest shall be paid to Rowan Sokolowski during her lifetime and thereafter revert to Clairemont Mesa Masonic Lodge No. 799. All payments as provided for herein shall constitute full and proper compliance with the payment provisions of said lease. Said parties hereby agree to indemnify and hold harmless, Chevron Geothermal Company of California, its successors and assigns ("Chevron") from any claims brought against Chevron arising from Chevron relying on this royalty payment agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below to be effective June 1, 1991. Lessors: /s/ Rowan Sokolowski 7-15-91 ----------------------------------- Date Rowan Sokolowski Life Tenant CLAIREMONT MESA MASONIC LODGE NO. 799, Remainderman July 15, 1991 By: /s/ Illegible Date ------------------------------- 2
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BOOK 1678 PAGE 1071 LEASE # 226420 State of California ) ) ss County of SAN DIEGO ) On JULY 15, 1991, before me, SIDNEY E. TAMBURINE, Notary Public, personally appeared WILLIAM S. HERTIG, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/their authorized capacity, and that by his signature(s) on the Instrument the person, or the entity upon behalf of which the person(s) acted, executed the Instrument. WITNESS my hand and official seal. ------------------------------ Signature /s/ Illegible OFFICIAL SEAL ------------------------------ SIDNEY E. _________ NOTARY PUBLIC CALIFORNIA SAN _____ COUNTY MY _____ _______ OCT. 31, 19_4 ------------------------------ (Seal) State of California ) ) ss County of SAN DIEGO ) On JULY __, 1991, before me, SIDNEY E. TAMBURINE, Notary Public, personally appeared ROWAN SOKOLOWSKI, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature(s) on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ------------------------------ Signature /s/ Illegible OFFICIAL SEAL ------------------------------ SIDNEY E. __________ NOTARY PUBLIC CALIFORNIA SAN _____ COUNTY MY _____ _______ OCT. 31, 19_4 ------------------------------ (Seal) 3
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RE______________________ BOOK 1483 PAGE 1171 DOLORES PROVENCIO TITLE RESURRANCE & TRUST CO. COUNTRY RECORDER RETURN TO: 226423 APR 22 8 33 AM'B2 BOOK 1483 PAGE 1171 OFFICIAL RECORDS IMPERIAL COUNTY, CALIF. Chevron Geothermal Company NO TAX DUE - FEE $28.00 of California No Consideration. Land & Legal Department Assignee is wholly owned subsidiary of Assignor P.O. Box 7147 Robin ____ Title Insurance and Trust Company San Francisco, CA 94120-7147 Per Chevron Resources ASSIGNMENT AND ASSUMPTION AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT CHEVRON U.S.A. INC., a California Corporation (hereinafter called "Assignor"), for and in consideration of stock representing 100% ownership in CHEVRON GEOTHERMAL COMPANY OF CALIFORNIA, a Delaware Corporation, the receipt of which is hereby acknowledged, does hereby sell, transfer, set over and assign unto CHEVRON GEOTHERMAL COMPANY OF CALIFORNIA, (hereinafter called "Assignee") subject to the terms, covenants, conditions and provisions hereinafter set forth all of Assignor's right, title and interest in those certain agreements and permits as more particularly described in Exhibit "A" attached hereto and those certain geothermal leases and related instruments covering lands situated in Imperial County, California, as more particularly described in Exhibit "B" attached hereto (said agreements and permits and said geothermal leases and related instruments being hereinafter collectively called the "Assigned Agreements"), together with all wells, pipelines and related facilities or interests therein owned by Assignor, situated on the lands included in said geothermal leases and related instruments. Assignee hereby accepts the aforesaid assignment by Assignor and assumes all of those duties and obligations on the part of Assignor to be hereafter performed under the Assigned Agreements. Assignee shall indemnify, hold harmless and defend Assignor from and against any and all claims, damages, loss, liability and obligation hereafter arising under the Assigned Agreements due to the exercise by Assignee, its successors or assigns, of any rights thereunder, or the default or failure to perform by Assignee, its successors or assigns, with respect to any duty or obligation thereunder, including, without limitation, all obligations as to the payment of rent, minimum annual advance royalties, earned royalties, taxes and surface damages and every other obligation on the part of the Assignor to be performed under the Assigned Agreements which arises on or after the date hereof. The terms, covenants, conditions, and provisions of this Assignment and Assumption Agreement, together with the further obligations, liabilities, conditions and restrictions as set
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-2- BOOK 1483 PAGE 1172 forth in the Assigned Agreements, shall be binding upon and shall inure to the benefit of Assignor and Assignee and their respective successors and assigns. IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment and Assumption Agreement as of this 8th day of April, 1982. CHEVRON U.S.A. INC. By: /s/ Illegible ------------------------------------ Vice President By: /s/ M. M. Dryden ------------------------------------ Assistant Secretary CHEVRON GEOTHERMAL COMPANY OF CALIFORNIA By: /s/ A. M. Cooper ------------------------------------ Vice President By: /s/ Illegible ------------------------------------ Secretary [TITLE INSURANCE AND TRUST LOGO] A ______ COMPANY O. 1945 CA (8.74) (Corporation) STATE OF CALIFORNIA } } SS. COUNTY OF San Francisco } On April 15, ____ before me, the undersiged, a Notary Public in and for said State, personally appeared ___________________, known to me to be the Vice President, and _________________, know to me to be ___________________ Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. ---------------------------------------- [SEAL] MARY LOUISE MAHONEY NOTARY PUBLIC CALIFORNIA CITY & COUNTY OF SAN FRANCISCO My Commission Expires _______________ ----------------------------------------- State of California ) City and County of San Francisco )ss On April 15th, 1982, before me, the undersigned, a Notary Public in and for said City and County and State, residing therein, duly commissioned and sworn, personally appeared M. M. ______, known to me to be Assistant Secretary of Chevron U.S.A. Inc., the Corporation described in and that executed the within instrument, and also known to me to be the person who executed it on behalf of the said Corporation therein named, and acknowledged to me that such Corporation executed the name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, in the City and County and State aforesaid the day and year in this certificate above written. ---------------------------------- [SEAL] OFFICIAL SEAL TAMARA C. SLOVER NOTARY PUBLIC-CALIFORNIA /s/ Illegible ___________________________ ---------------------------------- ___________________________ Notary Public in and for said City ---------------------------------- and County of San Francisco, State of California
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_______________________________ DOLORES PROVENCIO _________________________ COUNTY RECORDER _________________ P.O. ________ Dec 14 10 06 AM _79 SAN FRANCISCO, CA ____ BOOK 1444 PAGE 1279 OFFICIAL RECORDS IMPERIAL COUNTY, CALIF CONSENT AND RATIFICATION TO UNIT AGREEMENT FOR THE DEVELOPMENT AND OPERATION OF THE HEBER GEOTHERMAL UNIT, COUNTY OF IMPERIAL, STATE OF CALIFORNIA Lease FEE CA Hibe $5.00 _______ H.S. In consideration of the execution of that certain Unit Agreement for the development and operation of the above Unit by CHEVRON U.S.A. INC., as Unit Operator and working Interest owner, UNION OIL COMPANY OF CALIFORNIA, as working interest owner and NEW ALBION RESOURCES COMPANY, as working interest owner, the undersigned owners of lands, interests in land, royalties or other interests in production from lands lying within the boundaries of the Unit Area described in said Unit Agreement, do hereby severally, each to the extent of his particular ownership or interest, consent to the commitment of their lands, interests or royalties to said Unit Agreement and ratify the terms of said Unit Agreement as applicable to such lands, interests and royalties. The undersigned do further agree that the drilling and development requirements of all leases and other agreements in which their several rights and interests are created or defined shall be deemed fully performed by the conduct of operations under said Unit Agreement on any part of the Unit Area or production of unitized substances from any part of the Unit Area. Such operations or production shall be considered as operations upon or production from each tract included therein and such operations or production shall continue in full force and effect each lease and other agreement covering such tracts and that payment for the proceeds of unitized substances upon the basis of allocation to such tracts in accordance with the respective tract participations, as provided in said Unit Agreement shall constitute full performance of all such obligations to the undersigned existing under such leases or other agreements. Executed the day and year hereinbelow set forth. Tract No.: 6l Date: 10-5-78 Witness: Roy M. Rains Owners: /s/ Norman E. Wallace --------------------------- Norman E. Wallace Witness: --------------------------- Address: 2076 Emarald Street San Diego, CA. 92109 Witness: Owners: /s/ Norman E. Wallace --------------------------- --------------------------- Witness: Norman E. Wallace Trustee --------------------------- Address: 2076 Emarald Street San Diego, CA. 92109 Witness: Owners: --------------------------- --------------------------- Witness: --------------------------- --------------------------- Address: --------------------------- --------------------------- Witness: Owners: --------------------------- --------------------------- Witness: --------------------------- --------------------------- Address: --------------------------- --------------------------- RES-4 (CD-8-78) Printed in U.S.A.
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(Individual) STATE OF CALIFORNIA ) COUNTY OF San Diego ) SS. On October 5, 1978, before me, the undersigned, a Notary Public in and for said State, personally appeared N_rman E. Wallace known to me to be the person ______ whose name is subscribed to the within instrument and acknowleged that he executed the same. in the capacity therein stated. WITNESS my hand and official seal. --------------------------------------- Signature /s/ Lori J. Vileta OFFICIAL SEAL ----------------------------- LORI J. VILETA LORI J. VILETA [SEAL] NOTARY PUBLIC-CALIFORNIA Name (Typed or Printed) PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires July 27, 1979 --------------------------------------- (This area for official notarial seal.) SF-423-4 (6/74) [TITLE INSURANCE AND TRUST LOGO] A TICOR COMPANY 1950 CA (8.74) (Witness - Individual) STATE OF CALIFORNIA ) COUNTY OF San Francisco ) SS. On October 31 1979, before me, the undersigned, a Notary Public, in and for said State, personally appeared Ray M. _________, known to me to be the person whose name is subscribed to the within Instrument, as a Witness thereto, who being by me duly sworn, deposes and says: That he resides in Huntington Beach, Calif, and that he was present and saw Norman E. Wallace, personally known to him to be the same person described in and whose name _____ subscribed to the within and annexed instrument execute the same; and he acknowledged to said affiant that he executed the same; and that affiant subscribed his name thereto as a Witness to said execution. WITNESS my hand and official seal. -------------------------------------- Signature /s/ Mary Louise Mahoney MARY LOUISE MAHONEY ----------------------------- [SEAL] NOTARY PUBLIC-CALIFORNIA CITY & COUNTY OF SAN FRANCISCO My Commission Expires August 17, 1981 -------------------------------------- (This area for official notarial seal)
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LEASE BLOCK RECORDING WORKING TRACT 1 1 OWNERS DESCRIPTION BOOK PAGE INTEREST OWNER ------- ----- --------------- ---------------------------- --------- -------------- 61 Helen S. Fugate Tact 144, T16S, R14E, S.B.M. 1193 42 Chevron 1349 1147
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GENERAL RELEASE In consideration of the sum of $5,200 paid to the undersigned, the undersigned hereby releases and forever discharges STANDARD OIL COMPANY OF CALIFORNIA, its subsidiaries, including without limitation Chevron U.S.A. Inc., and affiliated companies (affiliated companies to include but not be limited to Chevron Resources Company, a division of Chevron Industries, Inc. and Chevron Geothermal Company of California), and its and their officers, employees, agents, successors and assigns (all of which and whom are hereinafter individually and collectively called "STANDARD") of and from any and all claims, demands, actions or causes of action whatsoever of any kind or nature, known or unknown, suspected or unsuspected, which the undersigned may have, or may hereafter have, against STANDARD arising out of any matter or occurrence entered into or happening as a result of; including particularly, but without limiting the generality of the foregoing, any and all claims, demands, actions or causes of action arising out of or in any way whatsoever directly or indirectly connected with or caused by: the removal of approximately three and one half acres of sugar beets for a construction site on or about the 23rd day of April, 1984, at a portion of the north one-half of Tract 44, Township 16 South, Range 14 East, SBM, Imperial County, California. This is a complete and final release and shall be binding upon the undersigned and the heirs, executors, administrators, successors and assigns of the undersigned and covers claims arising out of or connected with the above-described occurrence or matter which the undersigned does not know or suspect to exist in favor of the undersigned at the time of executing this release which, if known by the undersigned, might have affected the settlement covered by this release; and the undersigned hereby expressly waives any right under or benefit of any law of any jurisdiction whatsoever providing to the contrary. Neither the acceptance of this release nor any payment made hereunder shall constitute any admission of any liability of STANDARD. DATED this 27 day of April, 1984. /s/ Walter J. Holtz ------------------------------- Walter J. Holtz WITNESSES: ------------------------------------- ------------------------------------- DG4-11
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GENERAL RELEASE In consideration of the sum of $1,200.00 paid to the undersigned, the undersigned hereby releases and forever discharges STANDARD OIL COMPANY OF CALIFORNIA, its subsidiaries, including without limitation Chevron U.S.A. Inc., and affiliated companies (affiliated companies to include but not be limited to Chevron Resources Company, a division of Chevron Industries, Inc. and Chevron Geothermal Company of California), and its and their officers, employees, agents, successors and assigns (all of which and whom are hereinafter individually and collectively called "STANDARD") of and from any and all claims, demands, actions or causes of action whatsoever of any kind or nature, known or unknown, suspected or unsuspected, which the undersigned may have, or may hereafter have, against STANDARD arising out of any matter or occurrence entered into or happening as a result of; including particularly, but without limiting the generality of the foregoing, any and all claims, demands, actions or causes of action arising out of or in any way whatsoever directly or indirectly connected with or caused by: the removal of approximately one acre of sugar beets for a pipeline right-of-way on or about the 12th day of December, 1983, at a portion of the north one-half of Tract 44, Township 16 South, Range 14 East, SBM, Imperial County, California. This is a complete and final release and shall be binding upon the undersigned and the heirs, executors, administrators, successors and assigns of the undersigned and covers claims arising out of or connected with the above-described occurrence or matter which the undersigned does not know or suspect to exist in favor of the undersigned at the time of executing this release which, if known by the undersigned, might have affected the settlement covered by this release; and the undersigned hereby expressly waives any right under or benefit of any law of any jurisdiction whatsoever providing to the contrary. Neither the acceptance of this release nor any payment made hereunder shall constitute any admission of any liability of STANDARD. DATED this 14 day of Dec, 1983 /s/ Walter J. Holtz ------------------------------- Walter J. Holtz WITNESSES: ------------------------------------- ------------------------------------- DG4-11
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O'NEIL'S PARALEGAL CONSULTANTS doing business as PARALEGAL CONSULTANTS 5441 LIMERICK COURT SAN DIEGO, CALIFORNIA 92117 MARGERIE ANNE O'NEIL TELEPHONE: (858) 279-0501 NEIL UNDERWOOD TELECOPIER: (858) 278-1028 LEGAL DOCUMENT ASST. REG. NO. 9 REGISTERED AND BONDED VIA FEDERAL EXPRESS January 9, 2003 Heber Field Company 947 Dogwood Rd. Heber, CA 92249 Attention: Mr. Sergio Cabana Administrative Manager/Land Manager Re: The Helen S. Fugate Testamentary Trust, established September 25, 1975 Superior Court of California County of San Diego Probate Case No. 182357 Dear Mr. Cabana: Pursuant to our recent telephone conversation, enclosed is a certified copy of the Order Approving Second and Final Account and Report of Successor Trustee and Petition for its Settlement; for Payment of Trustee's Fees; and for Termination of Trust Authorizing the Trustee to Distribute the Trust's Interest in Heber Field Company to the Beneficiary, Paul Marsh Pitman, Jr., a.k.a. Marsh Pitman (Social Security Number 561-30-9841). Mr. Pitman's address is: Paul Marsh Pitman, Jr. 2832 E. Arden Lane Merced, CA 95340 Mr. Pitman is represented by attorney Robert T. Haden, whose address, telephone, and fax number are as follows: Robert T. Haden, Esq. Robert T. Haden Prof. Corp. 2241 N Street Merced, CA 95340-3614 Telephone: (209) 723-3247 Fax: (209) 723-5288
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Heber Field Company January 9, 2003 Page 2 Please sign the enclosed copy of this letter and return it to me as an acknowledgement of your receipt of the letter and the enclosure and inform me of any additional information that you need from me in order to effect the transfer. Also, kindly notify me in writing when the transfer has been completed. Thank you for your consideration in this matter. Sincerely, /s/ Margerie Anne O'Neil ------------------------------- Margerie Anne O'Neil Legal Assistant to Bryan J. Holland, Esq, cc: Ms. Rowan Sokolowski Robert T. Haden, Esq. Enclosure RECEIPT ACKNOWLEDGED: HEBER FIELD COMPANY By: /s/ Sergio Cabana Date: 01/17/03 ------------------------------- Sergio Cabana Administrative Manager/Land Manager We have all the infomration that we need in order to effect the transfer. The transfer will be completed this month and payment for production month of December will be made to Mr. Paul Marsh Pitman, Jr. by January 31, 2003.
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GENERAL RELEASE (Do Not Sign Without Understanding) In consideration of the sum of $1,432.26 paid to the undersigned, the undersigned* hereby releases and forever discharges STANDARD OIL COMPANY OF CALIFORNIA, its subsidiaries, and affiliated companies, and its and their officers, employees, agents, successors and assigns (all of which and whom are hereinafter individually and collectively called "STANDARD")** of and from any and all claims, demands, actions or causes of action whatsoever of any kind or nature, known or unknown, suspected or unsuspected, which the undersigned may have, or may hereafter have, against STANDARD arising out of any matter or occurrence entered into or happening to the date hereof; including particularly, but without limiting the generality of the foregoing, any and all claims, demands, actions or causes of action arising out of or in any way whatsoever directly or indirectly connected with or caused by: pipeline construction between the Nowlin #1, Holtz #1 and Holtz #2 geothermal wells -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- on or about the 1st day of September l973, at Tracts 40, 43 1/2 and 44, T-16-S, R-l4-E, S.B.B.&M., Imperial County, California This is a complete and final release and shall be binding upon the undersigned and the heirs, executors, administrators, successors and assigns of the undersigned and covers claims arising out of or connected with the above-described occurrence or matter which the undersigned does not know or suspect to exist in favor of the undersigned at the time of executing this release which, if known by the undersigned, might have affected the settlement covered by this release; and the undersigned hereby expressly waives any right under or benefit of any law of any jurisdiction whatsoever providing to the contrary. Neither the acceptance of this release nor any payment made hereunder shall constitute any admission of any liability of STANDARD, Magma Energy, Inc., or New Albion Resources Co. DATED this 20th day of August, 1975. **(and Magma Energy, Inc. and New Albion Resources Co. as this release applies to them as Lessees in Tract 4O as described below) JACKSON FARMING COMPANY By /s/ Illegible --------------------------------------- /s/ HELEN S. FUGATE --------------------------------------- WITNESSES: HELEN S. FUGATE as to said Tract 44 /s/ Illegible /s/ JOSEPH L. HOLTZ -------------------------------- --------------------------------------- JOSEPH L. HOLTZ as to said Tract 43 1/2 /s/ WALTER J. HOLTZ -------------------------------- -------------------------------------- *Check to be made payable to JACKSON WALTER J. HOLTZ as to said Tract 40 FARMING COMPANY H.S.F.____ GO-43 (CD-1.64) PRINTED IN U.S.A.

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Filed on:9/28/04None on these Dates
1/31/0321
1/9/032021
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2 Subsequent Filings that Reference this Filing

  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 2/25/22  Ormat Technologies, Inc.          10-K       12/31/21  143:66M                                    RDG Filings/FA
 2/26/21  Ormat Technologies, Inc.          10-K       12/31/20  144:33M                                    RDG Filings/FA
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