HomeMy WebLinkAboutEnkar Hydroelectric Power Systems; 1988-02-11;AGREEMENT FOR INTERIM DEMONSTRATION HYDRO-ELECTRIC PROJECT OPERATION
This Agreement is entered into this 11 day of February, 1988, between COSTA REAL MUNICIPAL WATER DISTRICT ("Districtu) and ENKAR HYDROELECTRIC POWER SYSTEMS, a California corporation, (U$nkaru) with respect to the following facts:
A. RECITALS+
1. District has entered into an agreement with KKOS regarding hydro-electric generation at Squires Dam
Reservoir.
2. As a result of certain changes in District operations to maintain acceptable water quality in the Squires Dam Reservoir, flows sufficient for full power operation of the experimental hydro-electric power facility are not expected to be available until the
District makes changes in its method of water treatment.
1 3. Notwithstanding the obligations of XKOS under the preexisting agreement, Enkar, with the consent of KKOS, desires to operate the hydro-electric power station on a demonstration basis until improvements are made to the District water system to allow full power operation.
THEREFORE, the parties agree:
B. TERMS AND CONDITIONS.
1. and maintenance of the hydro-power system. will remain responsible for normal operation of its water system and associated valves,
Enkar will be responsible for start-up operation District
2. Enkar will provide, at no cost to District, routine maintenance and repairs of all equipment in the hydro- power building for a period of two (2) years beginning January 1, 1988. However, Enkar will not be responsible for the repair of such equipment in the event of damage caused by interference by District or its licensees or lessees inhhe utilization of the Squires Dam property; provided, that Enkar acknowledges that District has no responsibility for any damage
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caused by District’s inability to maintain any preeeure or flows in the conduit to which the hydro-electric unit is attached.
3. District shall not interfere with the building, equipment, or buried cables at the site which are part of the hydro-power project. Except for equipment owned by District, District shall not remove any equipment from the site which is part of the hydro-power project; provided District may remove any equipment which
site for water service purposes. c interferes with District’s utilization of Squires Dam
4. District will permit Enkar access to the site, as required by District’s agreement with KKOS; provided, Enkar shall limit such visits to not more than five (5) visitors per occasion, excluding Enkar representatives, and to not more frequently than twice per month, unless otherwise approved by District.
5. Except as provided below, Enkar shall indemnify, defend and save harmless District against any and all claims, actions or liabilities for property damage and bodily injury arising out of, Enkar’s operation, maintenance and demonstration of the hydro-power system, including reasonable attorney‘s fees and expenses. Enkar will not be held responsible or liable for any special or consequential damages, resulting from the use of power in the residence. District shall remain responsible for its own active negligence. In no event shall Enkar be held responsible for injuries or damage resulting from water flowing, seeping or emanating from the District’s water system, including the facilities located within and serving the hydro- power circuit.
6. release KKOS for any obligations it may have under its pre-existing agreement with District.
Nothing in this agreement shall be deemed to
7. This agreement shall be terminable by District upon 90 days written notice in the event improvements to the water system are required w3;lich necessitate removal or relocation of the hydro-power project.
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8. Enkar will, at no cost to District, furnish and
install a manual transfer switch at the residence to
allow demonstration use of the hydro-electric power project.
Executed and effective as of January 1, 1988.
-_ COSTA REAL MUNICIPAL WATER DISTRICT
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ENKAR HYDROELECTRIC POWER SYSTEMS
(ET3ltGMCOST.A)
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