Exhibit 10.2
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And When Recorded Return to:
Xxxxx X. Xxxxx, CLAS
Xxxx Xxxxxxx & Xxxxxx LLP
000 Xxxxxxxx Xxxxx, Xxxxx 000
Xxxxxx, Xxxxx 00000
TERMINATION OF AMENDED AND RESTATED SERIES A
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WIND PARK EASEMENT AGREEMENT
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THIS TERMINATION OF AMENDED AND RESTATED SERIES A WIND PARK EASEMENT
AGREEMENT is entered into effective as of the 31st day of August, 2006 (the
"Effective Date"), by and between ZWHC, LLC, a Delaware limited liability
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company ("ZWHC"), and ZOND WINDSYSTEM PARTNERS, LTD. SERIES 85-A, a California
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Limited Partnership ("ZWP 85-A" and, together with ZWHC, the "Parties").
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RECITALS
A. As of March 24, 1986, ZWHC (as successor to Zond Construction
Corporation III) and ZWP 85-A entered into that certain Amended and Restated
Series A Wind Park Easement Agreement (the "Agreement"), which Agreement amended
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and replaced that certain Series A Wind Park Easement Agreement recorded in Book
5815, Page 1066 of the Official Records of Xxxx County, California.
B. The Parties desire to terminate the Agreement.
AGREEMENT
1. In consideration of the premises and covenants herein set forth, the
Parties hereby terminate the Agreement effective as of the Effective Date.
2. All of the covenants, terms and conditions set forth herein shall be
binding upon and shall inure to the benefit of the parties hereto and their
respective successors and assigns.
EXECUTED as of the Effective Date.
PARTIES:
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ZWHC, LLC,
a Delaware limited liability company
By: Enron Wind Systems, LLC,
its sole member
By: Enron Wind LLC,
its sole member
By: Enron Renewable Energy Corp.,
its sole member
By: /s/ Xxxxx X. Xxxxxx
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Xxxxx X. Xxxxxx, President and
Chief Executive Officer
ZOND WINDSYSTEM PARTNERS, LTD.
SERIES 85-A, a California Limited
Partnership
By: Zond Windsystems Management III LLC,
its general partner
By: /s/ Xxxxx X. Xxxxxx
-------------------------------
Xxxxx X. Xxxxxx, President
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ACKNOWLEDGMENT OF ZWHC, LLC
THE STATE OF TEXAS )
) ss.
COUNTY OF XXXXXX )
On September 7, 2006, before me, Xxxx Xxxxxxxx Xxxxxx, a Notary Public,
personally appeared Xxxxx X. Xxxxxx, President and Chief Executive Officer of
Enron Renewable Energy Corp., the sole member of Enron Wind LLC, the sole member
of Enron Wind Systems, LLC, the sole member of ZWHC, LLC, a Delaware limited
liability company, 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 he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
XXXX XXXXXXXX XXXXXX
NOTARY PUBLIC, STATE OF TEXAS /s/ Xxxx Xxxxxxxx Xxxxxx
MY COMMISSION EXPIRES -----------------------------------
MARCH 9, 2008 Signature of Notary Public
3
ACKNOWLEDGMENT OF ZOND WINDSYSTEM PARTNERS, LTD. SERIES 85-A, A
CALIFORNIA LIMITED PARTNERSHIP
THE STATE OF TEXAS )
) ss.
COUNTY OF XXXXXX )
On September 7, 2006, before me, Xxxx Xxxxxxxx Xxxxxx, a Notary Public,
personally appeared Xxxxx X. Xxxxxx, President and Chief Executive Officer of
Enron Renewable Energy Corp., the sole member of Enron Wind LLC, the sole member
of Enron Wind Systems, LLC, the sole member of Zond Windsystems Management III
LLC, the general partner of Zond Windsystem Partners, Ltd. Series 85-A, a
California Limited Partnership, 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 he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or
the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
XXXX XXXXXXXX XXXXXX
NOTARY PUBLIC, STATE OF TEXAS /s/ Xxxx Xxxxxxxx Xxxxxx
MY COMMISSION EXPIRES -----------------------------------
MARCH 9, 2008 Signature of Notary Public
4
