Resource Library Category: Contracts (40 items)
Documents presented here are not the product of nor are they necessarily endorsed by National Wind Watch. This resource library is provided to assist anyone wishing to research the issue of industrial wind power and the impacts of its development. The information should be evaluated by each reader to come to their own conclusions about the many areas of debate.
Wind Option and Wind Energy Lease Agreement
Source: Atlantic Wind
This WIND OPTION AND WIND ENERGY LEASE AGREEMENT (this “Agreement”) is made, dated and effective as of the Effective Date (defined below), by and between Landowner (as defined below) and Atlantic Wind, LLC, an Oregon Limited Liability Company (“Lessee”).
2.2 Wind Facilities Layout Plan. Prior to the commencement of construction of the Wind Power Facilities described in Section 3.2.3, Lessee shall provide to Landowner a plan indicating the proposed location of the Wind Power Facilities, which Wind Power Facilities shall be on Permitted Areas (“Wind Power Facilities Layout Plan”). Lessee shall consult with Landowner and obtain Landowner’s consent, which consent shall not be unreasonably withheld, conditioned or delayed, on Lessee’s Wind Power Facilities Layout Plan prior to construction of any Wind Power Facilities described in Section 3.2.3, showing Landowner the proposed location of wind turbine generators (each, a “Wind Turbine”), roads, electric power lines, substations, interconnection and switching facilities and buildings, before making Lessee’s final decisions as to location of Wind Power Facilities on the Property. The Wind Power Facilities Layout Plan chosen by Lessee shall become Exhibit B to this Agreement. Lessee may, from time to time upon written notice to Landowner and with Landowner’s consent, which consent shall not be unreasonably withheld, conditioned or delayed, make changes to the location of Wind Power Facilities from the location(s) shown on the then current Wind Power Facilities Layout Plan, and the Wind Power Facilities Layout Plan shall be deemed to be modified to reflect such changes. Notwithstanding the preceding sentence, with regard to any change required by Lessee in the location of roads on the Property (from the location(s) shown on the then current Wind Power Facilities Layout Plan), Lessee will obtain prior written consent of Landowner, which said consent shall not be unreasonably withheld, conditioned or delayed.
2.3 Remaining Property. After the completion of the Project (as hereinafter defined), Lessee shall deliver to Landowner legal descriptions, together with As- Built Drawings (as hereinafter defined, generally depicting the location of the<:- Wind Power Facilities as provided in Section 5.2,) of those portions of the . Property designated as the Operating Area (as such Operating Area may be modified as permitted pursuant to this Agreement). The "Operating Area" shall consist of (a) leasehold areas for the Wind Power Facility consisting of approximately a 500 foot diameter circle [4.5 acres] around each Wind Power Facility (collectively, the "Retained Leasehold Areas"), and (b) easement corridors for the access rights described in Section 3.4 and for the Easements described in Section 3.5 (collectively, the "Retained Easement Corridors"). At such time, Lessee, in Lessee's sole discretion, by written notice to Landowner (which notice may include such legal descriptions and drawing(s)), may terminate the lease as to any portion of the Property that is not part of the Retained Leasehold Area that Lessee wishes to release to Landowner (collectively, the "Remaining Property"). In such event, Lessee shall promptly thereafter execute and record a release of all of its right, title and interest in and to such Remaining Property; provided, however, that (and the release shall so provide): (i) the Remaining Property shall in any event remain, for the entire Term, subject to and burdened by (A) the easements,if any, on, over, across, along and above the Retained Easement Corridors, (B) the Easements created by Section 3.5 over all of the Property, and (C) the rights granted to Lessee pursuant to Sections 3.4, 3.5, 4, 12.2, 12.6, 12.8, 12.10, 16.2, 16.7, 16.10, 16.15, and 16.16; (ii) Landowner shall be free to use and develop the Remaining Property subject in all events to Section 11.1, and (iii) in the event that in connection with a repowering of a Project or any portion thereof Lessee reasonably determines that a Retained Easement Corridor needs to be relocated or amended, and subject to the consent of Landowner, which consent shall not be unreasonably withheld, conditioned or delayed, then (A) Landowner shall, promptly upon request therefor, execute and deliver to Lessee an instrument (prepared by Lessee), that implements and grants the applicable rights for such relocation or amendment, and (B) Lessee shall, promptly upon request therefor, execute and deliver to Landowner a release of any part of the previous Retained Easement Corridor that Lessee reasonably determines is no longer needed.
2.4 Commencement of Leasehold Interest. Notwithstanding any provision of this Agreement to the contrary, until the commencement of the Extended Term (as hereinafter defined) occurs as provided in Section 5.1, the interest of Lessee granted pursuant to Section 2.1 shall constitute an easement and right of way with respect to the use of the Property for the purposes permitted during the Option Term pursuant to Section 3 and no leasehold interest or leasehold tenancy shall be created hereunder in the Property until the commencement of the Extended Term.
3.2 Permitted Uses of Property by Lessee.
3.2.1 Option Term During the Option Term, the rights granted to Lessee in this Agreement permit Lessee, without limitation, to do the following:
(a) Extract soil samples, perform geotechnical tests, perform environmental studies, survey the Property or any portion thereof, take photographs of the Property or any portion thereof, and conduct such other tests, studies, inspections and analysis on the Property as Lessee deems necessary, useful or appropriate;
(b) Subject to Landowner's consent, which consent shall not be unreasonably withheld, conditioned or delayed, construct, erect, install, reinstall, replace, relocate and remove from time to time, meteorological and wind measuring equipment, including but not limited to anemometer towers and all necessary and proper appliances and fixtures for use in connection with said towers, and SODAR units, to determine the feasibility of wind energy conversion on the Property, on adjacent property, or elsewhere; and
(c) Install or utilize any other improvements, including roads, facilities, machinery and equipment, on the Property that Lessee reasonably determines are necessary, useful or appropriate to accomplish any of the foregoing, and conduct site clearing activities. Any such roads to be installed by Lessee will be sitedf.- on a portion of the Property as determined by Lessee with the prior written consent of Landowner, which consent shall not be unreasonably withheld, conditioned or delayed. Compensation for crop or timber damage will be pursuant to section 11.7.
3.2.2 Extended Term. During the Extended Term and any Renewal Term(s), if applicable, the rights granted to Lessee in this Agreement permit Lessee, to construct, erect, use, install, reinstall, replace, relocate, maintain and remove from time to time any of the following on the Property, on adjacent property or elsewhere:
(a) Wind Turbines, steel towers, foundations and concrete pads, support structure, footings, anchors, fences and other fixtures and facilities, maintenance, security, office and/or guest facilities, staging areas for the assembly of equipment, power generation facilities to be operated in conjunction with large wind turbine installations, control buildings, laydown areas, crane pads, and related facilities and equipment;
(b) electrical wires and cables required for the gathering and transmission of electrical energy and/or for communication purposes for the purposes defined in this Agreement, which may be placed overhead on appurtenant support structures or underground and one or more substations or interconnection or switching facilities from which Lessee may interconnect to a utility transmission system or the transmission system of another purchaser of electrical energy, together with the appropriate rights of way on, along, in and under the Property, and energy storage facilities; and
(c) any other improvements, including roads, facilities, machinery and equipment, on the Property that Lessee reasonably determines are necessary, useful or appropriate to accomplish any of the foregoing. Any such roads to be installed by Lessee will be sited on a portion of the Property as determined by Lessee with the prior written consent of Landowner, which consent shall not be unreasonably withheld, conditioned or delayed.
3.3 Permitted Uses. For the avoidance of doubt, the rights granted to Lessee in this Agreement permit Lessee during the Option Term, any Extended Term and any Renewal Term, without limitation, to undertake any other activities that Lessee determines are necessary, helpful, appropriate or convenient in connection with, incidental to or to accomplish any of the foregoing purposes or for the benefit of one or more Projects, including conducting surveys and environmental, biological, cultural and other tests and studies and conducting site tours to educate and demonstrate the ecological and other benefits of electrical generation from wind power. Without limiting the generality of the foregoing, the Parties recognize that (a) power generation technologies are improving at a rapid rate and that Lessee may (but shall not be required to) from time to time replace or repower Wind Power Facilities on the Property with newer model (and potentially larger) Wind Power Facilities, and (b) the activities contemplated by this Agreement may be accomplished by Lessee or one or more third parties authorized by Lessee.
3.4 Ingress and Egress. This Agreement includes the right of reasonable vehicular and pedestrian access, and ingress of and egress from the Wind Power Facilities (whether located on the Property, on adjacent property or elsewhere), during the Term over and across the Property by means of any existing roads and lanes thereon, and by such other route or routes as Lessee may construct on the Property from time to time in accordance with Section 3.2.1(c) and/or Section 3.2.2(c).
3.5 Easements.
3.5.1 In addition, Landowner hereby grants to Lessee the following easements (together, the "Operations Easements") for the term of this Agreement: (a) an exclusive easement to use, convert, maintain and capture the free and unobstructed flow of wind currents and wind resources over and across the Property; (b) an exclusive easement over the Property for audio, visual, view, light, flicker, noise, vibration, air turbulence, wake, electromagnetic, electrical and radio frequency interference, and any other effects attributable to any Project or the operations of any Project; and (c) an exclusive easement to permit the rotors of Wind Power Facilities located on adjacent properties to overhang the Property.
3.5.2 To the extent that Landowner holds any access, utility, transmission or other easements, rights of way or licenses over lands in the general vicinity of the Property (the "Landowner Easements"), and Lessee determines that such Landowner Easements could be used for the benefit of a Project, then the same are hereby included in this Agreement, and Lessee shall be entitled to make full use thereof. Upon the request of Lessee from time to time, Landowner shall grant to Lessee (or a party designated by Lessee), in recordable form and containing such terms and provisions as may reasonably be requested by Lessee, for no additional consideration) one or more subeasements of the Landowner Easements (each, a "Landowner Subeasement"). The term of each Landowner Subeasement shall run concurrently with the Term (or for a shorter period of time as is provided in the applicable Landowner Easement, or as may be requested by Lessee), and shall terminate upon the expiration or termination ofthis Agreement.
3.5.3 Upon Lessee's request from time to time, Landowner shall grant to Lessee (or a party designated by Lessee), in recordable form and containing such terms and provisions as may reasonably be requested by Lessee, for no additional consideration, the following stand-alone easements (each, a "Separate Easement"): (a) one or more nonexclusive easements for access rights on, over and across the Property, including for vehicular and pedestrian ingress, egress and access to and from one or more Projects; and (b) one or more easements for Wind Power Facilities on, under, over and across the Property, for the benefit of one or more Projects, in each such case as, where and to whom designated by Lessee. The term of each Separate Easement shall run concurrently with the Term (or for a shorter period of time as may be requested by Lessee), and shall terminate upon the expiration or termination of this Agreement.
3.5.4 With respect to each Operations Easement, Landowner Subeasement and Separate Easement (each, an "Easement"): (a) to the extent permitted by applicable federal, State and local laws, statutes, ordinances, orders, rules and regulations (each, a "Law"), such Easement shall be appurtenant to the applicable leasehold estate or easement; (b) such Easement shall run with the Property (and such other lands, as applicable) and inure to the benefit of and be binding upon Landowner and the holder of the Easement and their respective successors and assigns and all persons claiming under them; (c) no act or failure to act on the part of Lessee or the holder of the Easement shall be deemed to constitute an abandonment, surrender or termination thereof, except upon recordation by such holder of a quitclaim deed specifically conveying the Easement back to Landowner; (d) nonuse of the Easement shall not prevent the future use of the entire scope thereof if the same is needed; and (e) no use ofor improvement to the Property or any lands benefited by the Easement, and no assignment or sublease hereof or thereof, shall, separately or in the aggregate, constitute an overburdening of the Easement.
11.1 Landowner Activities. Landowner expressly reserves the right to use the Property for purposes of (a) farming, including the growing of crops, pasturing of livestock, and construction of farm-related buildings and related facilities; (b) cutting and removal of timber; (c) the mining and/or removal of sand, stone and/or any and all minerals, overburden materials, oil and/or gas, in, upon and/or underlying the Property, and (d) hunting and recreational vehicle use, and for any and/or all other lawful purposes, but only to the extent that (i) such use by Landowner does not, currently or in the future, interfere with Lessee's operations hereunder or enjoyment of the rights hereby granted to Lessee; (ii) any such use does not include wind energy development or the installation or use of any facilities related to wind energy development or generation (which rights and uses are exclusively granted to Lessee in this Agreement), and (iii) any leases and easements entered into by Landowner with respect to the Property after the Effective Date shall expressly provide that they are subject and subordinate in all respects to this Agreement and to the rights of Lessee and any Lender or Assignee hereunder. Notwithstanding the foregoing and subject to Landowner's rights under this Agreement, if there is any conflict or disagreement between Landowner and Lessee regarding their respective rights to develop and utilize the Permitted Areas or Easements, then Lessee's use (for the purposes permitted in this Agreement) shall have first priority. Lessee shall make reasonable efforts not to disturb Landowner's activities on the Permitted Areas or Easements to the extent such activities are consistent with Lessee's rights under this Agreement. Lessee shall post (and shall have the right to gate) the access roads Lessee constructs going to the Wind Power Facilities as being private roads only for use by authorized personnel in connection with the Wind Power Facilities. Landowner may use or cross such roads only to the extent that Landowner does not interfere with Lessee's rights under this Agreement.
11.4 Requirement of Governmental Agencies. Lessee, at its expense, shall comply in all material respects with valid laws, ordinances, statutes, orders and regulations of any governmental agency applicable to the Wind Power Facilities. In its sole discretion and through appropriate legal proceedings brought in the name of Lessee or in the names of both Lessee and Landowner where appropriate or required, Lessee shall have the right to contest the validity or applicability to the Property or Wind Power Facilities of any law, ordinance, statute, order, regulation, property assessment or the like now or hereafter made or issued by any federal, state, county, local or other governmental agency or entity. Landowner shall cooperate in every reasonable way in such contest, provided Lessee' reimburses Landowner for its reasonable and actual out-of-pocket expense directly incurred in connection with such cooperation, to the extent Lessee has approved such expense in advance. Any such contest or proceeding, including any maintained in the name of Landowner, shall be controlled and directed by Lessee, but Lessee shall protect and indemnify Landowner from Lessee's failure to observe or comply during the contest with the contested law, ordinance, statute, order, regulation or property assessment.
11.7 Crop/Timber Damage.
11.7.1 Lessee shall pay Landowner one-time compensation of $350 per acre (prorated for fractional portions) for any and all portions of the Property that are taken out of commercial crop production from the Property during the construction of the Wind Power Facilities and any and all crops damaged as a direct result of Lessee's construction of Wind Power Facilities on the Property. Portions of the Property shall be deemed to have been taken out of commercial crop production only to the extent Lessee's construction of Wind Power Facilities on the Property materially interferes with Landowner's ability to farm such portions of the Property during the growing season in which such construction occurs, assuming that Landowner was actually farming such portions of the Property immediately prior to Lessee's commencing construction of the Wind Power Facilities on the Property. After construction is complete, Lessee shall not be responsible to pay Landowner any losses of income, rent, business opportunities, profits or other losses arising out of Landowner's inability to grow crops or otherwise use the Property as a result of the existence or operations of the Wind Power Facilities on the Property, and no further payment will be made to Landowner for crop damage.
11.7.2 Lessee shall cause the cutting of trees on the Property as may be necessary for the exercise of the rights granted to Lessee pursuant to this Agreement. At least thirty (30) days prior to any cutting of trees by Lessee, Lessee will inform Landowner of the trees that are required to be cut in order to give Landowner the opportunity to capture the timber value of the trees. In the event Lessee fails to give Landowner such thirty days advance notice regarding the trees to be cut by Lessee, Lessee will reimburse Landowner for the timber value of the destroyed trees, which value will be determined by Lessee and Landowner based upon the prevailing market value for commercial timber at the time of such cutting.
11.7.3 Landowner understands that, as the Project alignment may transect the boundaries of properties owned by third parties, the removal of trees from the Property may be necessary for the benefit of the performance of Wind Turbines located on adjacent property, Landowner agrees that, subject to the requirement for written notice contained in this Section 11.7, trees may be removed from the Property as required for the efficient operation of Wind Turbines located on the Property or on adjacent properties.
12.2 No Interference. Landowner's activmes and any grant of rights Landowner makes to any person or entity, whether located on the Property or elsewhere, shall not, currently or in the future, impede or interfere with rights granted to Lessee under this Agreement with respect to: (i) the development, siting, permitting, construction, installation, maintenance, operation, replacement, relocation or removal of Wind Power Facilities, whether located on the Permitted Area or elsewhere; (ii) the flow of wind, wind speed or wind direction over the Property; (iii) access over the Property to Wind Power Facilities, whether located on the Permitted Area or elsewhere; or (iv) the undertaking of any other activities of Lessee permitted under this Agreement. In no event during the term of this Agreement shall Landowner construct, build or locate or allow others to construct, build or locate any wind energy conversion system, Wind Turbine or similar project on the Property.
12.7 Quiet Enjoyment. Landowner covenants and warrants that Lessee shall peacefully hold and enjoy all of the rights granted by this Agreement for its entire Term without hindrance or interruption by Landowner or any other person or entity subject to the terms of this Agreement.
12.8 Waiver of Nuisance. Landowner has been informed by Lessee and understands that the presence and operations of the improvements on the Permitted Area and on adjacent property will potentially result in some nuisance to Landowner, such as: (i) higher noise levels than currently occur at the Permitted Area and the surrounding area; (ii) visual impact; (iii) “flickering” reflections and/or shadowing from the Wind Turbine rotors. Landowner hereby accepts such nuisance and waives any right that Landowner may have to object to such nuisance (and Landowner releases Lessee from any claims Landowner may have with respect to any such nuisance). Lessee will exercise reasonable efforts to keep such nuisances, if any, to a minimum.
16.2 Confidentiality. Landowner shall maintain in the strictest confidence, for the benefit of Lessee and any Assignee, all information pertaining to the financial terms of or payments under this Agreement, Lessee’s site or product design, methods of operation, methods of construction, power production or availability of the Wind Power Facilities, and the like, whether disclosed by Lessee or any Assignee, or discovered by Landowner, unless such information either (i) is in the public domain by reason of prior publication through no act or omission of Landowner or its employees or agents; or (ii) was already known to Landowner at the time of disclosure and which Landowner is free to use or disclose without breach of any obligation to any person or entity. Landowner shall not use such
information for its own benefit, publish or otherwise disclose it to others, or permit its use by others for their benefit or to the detriment of Lessee or any Assignee. Notwithstanding the foregoing, Landowner may disclose such information to (a) Landowner’s lenders, attorneys, accountants and other personal financial advisors solely for use in connection with their representation of Landowner regarding this Agreement or in connection with the proposed sale or refinance of the Property; (b) any prospective purchaser of the Property who has made a written offer to purchase or otherwise acquire the Property that Landowner desires to accept; or (c) pursuant to lawful process, subpoena or court order requiring such disclosure, provided that Landowner (1), at a reasonable time prior to such disclosure, notifies Lessee of such anticipated disclosure, and (2) in making such disclosure advises the party receiving the information of the confidentiality of the information and obtains the written agreement of said party not to disclose the information, which agreement shall run to the benefit of and be enforceable by Lessee. Landowner shall get Lessee’s written consent before issuing a press release or having any contact with or responding to the news media with any operational, sensitive or confidential information with respect to this Agreement, the wind power project to be constructed on the Permitted Area by Lessee, or any other existing wind power project owned or operated by Lessee. The provisions of this Section 16.2 shall survive the termination or expiration of this Agreement.
16.14 Third-Party Access. Both parties shall have the power and authority to control and prevent access by third parties to the Property or Permitted Areas, as applicable, if such third parties have not been authorized by either Landowner or Lessee. Either party may invite third parties upon the Property or Permitted Areas, as applicable, without permission from the other so long as no material inconvenience is caused to the other party. Lessee shall invite third parties only for purposes relevant to this Agreement.
16.15 Overhangs and Adjacent Property. Landowner understands that, as the boundary between the Permitted Area and adjacent property might extend at or near to the topographic crest of the geologic feature upon which the Permitted Area is located or for other reasons may be located near the boundary of the Property, and that optimal siting of Wind Turbines requires their placement at or near to such topographic crest or boundary such that the blades of a turbine located on the Permitted Area might overhang such adjacent property; similarly, the blades of a turbine located on an adjacent property might overhang the Permitted Area. Landowner hereby agrees to such overhang, if any, with respect to the Permitted Area by blades of Wind Turbine(s) located on adjacent property. Landowner further agrees, should zoning regulations be proposed that might prevent such overhangs or institute property-line set-back requirements more restrictive in nature than those indicated on the Wind Power Facilities Layout Plan, to cooperate with Lessee in obtaining exemption from such regulations for any Wind Turbines associated with the Project and sited according to the Wind Power Facilities Layout Plan.
16.16 Safety Zone. If permitted by applicable law, Lessee reserves the right to designate the Permitted Area as a Safety Zone, as may be described under the statutes of the State.
Download original document: “Wind Option and Wind Energy Lease Agreement”
Wind Farm Easement Agreement
Source: FPL Energy
This Agreement relates to the wind-powered electrical power generation and transmission project known as the “Randolph Wind Energy Center” to be located in Columbia County, Wisconsin.
[excerpts:]
When installing, maintaining or removing the nacelle and rotor from any Wind Turbine, whether located on or off of Owner’s Property, this Construction Easement also shall permit workers to do the following: (a) (for the purpose of securing tag lines) travel on foot or in a pickup truck, SUV, small forklift or other similar vehicles onto Owner’s Property up to seven hundred (700) feet in any direction from the center of the Access Easement; and (b) drive an erection crane on Owner’s Property.
Owner grants to Operator an irrevocable, exclusive easement for the construction, installation, maintenance, use, operation, repair, replacement, relocation and removal of Collection Facilities on, over, across, along and under the Owner’s Property.
Owner shall not interfere, or permit any other party to interfere with the free, unobstructed and natural wind flow, wind speed or wind direction over and across the Owner’s Property by doing the following within 1400 feet of a Wind Turbine or proposed Wind Turbine location: (a) constructing buildings or other structures on the Owner’s Property; (b) planting trees on the Owner’s Property; or (c) engaging in any other activity on the Owner’s Property or elsewhere that might, in the sole opinion of Operator, cause a decrease in the output or efficiency of the Wind Turbines located on the Owner’s Property. Without limitation of the foregoing, Owner agrees not to construct or erect any building or structure on the Owner’s Property higher than twenty-five (25) feet, without the prior written approval of Operator.
Owner grants to Operator an irrevocable, non-exclusive easement for the right and privilege to permit the Wind Turbines located on adjacent tracts of Owner’s Property (whether or not owned by Owner) to overhang the Owner’s Property. Owner shall not interfere with the operation of Wind Turbines that overhang the Owner’s Property.
Owner grants Operator an irrevocable, non-exclusive easement for the right and privilege to generate and maintain audible noise levels in excess of fifty (50) dbA on and above the Noise Easement Property at any or all times of the day or night (”Noise Easement”). The “Noise Easement Property” shall mean the Owner’s Property except those portions within a 200-foot radius circle (or lesser distance with Owner’s prior written consent) centered on the inside of each presently existing, occupied residence on the Owner’s Property.
Owner grants to Operator an irrevocable, exclusive easement for the construction, installation, maintenance, use, operation, replacement, relocation or removal of one or more Meteorological Towers (as defined in Section 7.3) on the Owner’s Property.
The exact locations and routes of the Easements referenced in this Section 4 may not be determined until the completion o f Operator’s inspection, testing, study and surveying of the Owner’s Property during the Option Term, and Owner and Operator acknowledge and agree that the locations and routes of such Easements as shown on the attached Exhibit “B” may be relocated or rerouted by Operator, at any time during the Term of this Agreement, so long as the nature and extent of any such relocated or rerouted Easements are not materially different and impose no greater burden on the Owner’s Property than the original locations or routes, and so long as Operator takes appropriate actions to minimize any disruption or inconvenience to Owner and the uses of the Owner’s Property reserved to Owner in Section lOA.
Operator shall have the right, at its sole cost and expense, to construct, install, maintain, use, operate, repair, replace, relocate and remove all facilities, structures, equipment, machinery, wires, conduit, cables, poles, materials and property of every kind and character required for the construction and operation of the Wind Power Project on the Owner’s Property, including, but not limited to, the Wind Turbines, Collection Facilities, Meteorological Towers, and Roadway Improvements.
Owner covenants and agrees that neither Owner nor its agents, lessees, invitees, guests, licensees, successors or assigns will (i) interfere with, impair or prohibit the free and complete use and enjoyment by Operator of its rights granted by this Agreement; (ii) take any action which will interfere with or impair the availability, accessibility, flow, frequency, or direction of air and wind over and above the Owner’s Property; (iii) take any action which will in any way interfere with or impair the transmission of electric, electromagnetic or other forms of energy to or from the Owner’s’ Property; or (iv) take any action which will interfere with or impair Operator’s access to the Owner’s Property and the Operator Property for the purposes specified in this Agreement.
Hunter’s Waiver & Release Agreement
Download original document: “FPL Energy Wind Farm Easement Agreement”
From One Wisconsin Farmer to Another
Source: Steinich, Gary
This is an open letter to Wisconsin farmers who are considering signing a wind lease to host turbines on your land. Before you sign, I’d like to tell you about what happened to our family farm after we signed a contract with a wind developer.
In 2002, a wind developer approached my father about signing a lease agreement to place a MET tower on our land. My father was in his 70’s at the time. The developer did a good job of befriending him and gaining his trust.
He assured my father that the project wasn’t a done deal and was a long way off. They first had to put up the MET tower to measure the wind for awhile.
He told my father that if the project went forward there would be plenty of time to decide if we wanted host turbines on our farm. There would be lots of details to work out and paperwork to sign well before the turbines would be built. The developer said my father could decide later on if he wanted to stay in the contract.
In 2003 the developer contacted us again. This time he wanted us to sign a contract to host turbines on our land. We were unsure about it, so we visited the closest wind project we knew of at the time. It was in Montfort, WI.
The Monfort project consists of 20 turbines that are about 300 feet tall and arranged in a straight line, taking up very little farmland with the turbine bases and access roads. The landowners seemed very satisfied with the turbines. But we were still unsure about making the commitment.
We were soon contacted again by the developer, and we told him we were undecided. Then he really started to put pressure on us to sign.
This was in March of 2004, a time of $1.60 corn and $1200 an acre land. It seemed worth it have to work around a couple of turbines for the extra cash. We were told the turbines would be in a straight line and only take up a little bit of land like the ones in Monfort.
And we were also told that we were the ones holding up the project. That all of our neighbors had signed, and we were the last hold-outs. It persuaded us.
What we didn’t know then was the developer was not being truthful. We were not the ‘last hold-out’ at all. In later discussions with our neighbors we found out that in fact we were the very first farmers to sign up. I have since found out this kind of falsehood is a common tactic of wind developers.
My father read through the contract. He said he thought it was ok. I briefly skimmed through it, found the language confusing, but trusted my father’s judgment. We didn’t hire lawyer to read it through with us. We didn’t feel the need to. The developer had explained what was in it.
The wind contract and easement on our farm was for 20 years. By then my dad was 75. He figured time was against him for dealing with this contract in the future so we agreed I should sign it. A few months later, my father died suddenly on Father’s Day, June 20th, 2004
After that, we didn’t hear a whole lot about the wind farm for a couple years. There was talk that the project was dead. And then in 2007 we were told the developer sold the rights to the project. A Wisconsin utility bought it.
After that everything changed. The contract I signed had an option that allowed it to be extended for an additional 10 years. The utility used it.
The turbines planned for the project wouldn’t be like the ones in Monfort. They were going to be much larger, 400 feet tall. And there were going to be 90 of them.
They weren’t going to be in a straight row. They’d be sited in the spots the developer felt were best for his needs, including in middle of fields, with access roads sometimes cutting diagonally across good farm land. Landowners could have an opinion about turbine placement but they would not have final say as to where the turbines and access roads would be placed. It was all in the contract.
Nothing was the way we thought it was going to be. We didn’t know how much land would be taken out of production by the access roads alone. And we didn’t understand how much the wind company could do to our land because of what was in the contract..
In 2008 I had the first of many disputes with the utility, and soon realized that according to the contract I had little to no say about anything. This became painfully clear to me once the actual construction phase began in 2010 and the trucks and equipment came to our farm and started tearing up the field.
In October of 2010 a representative of the utility contacted me to ask if a pile of soil could be removed from my farm. It was near the base of one of the turbines they were putting on my land. I said no, that no soil is to be removed from my farm.
The rep said that the pile was actually my neighbor’s soil, that the company was storing it on my land with plans to move it to another property.
Shortly afterwards I noticed the pile of subsoil was gone.
In November of 2011 I saw several trucks loading up a second pile of soil on my land and watched them exiting down the road. I followed them and then called the Columbia County Sheriff. Reps from the company were called out. I wanted my soil back.
A few days later the rep admitted they couldn’t give it back to me because my soil was gone. It had been taken and already dispersed on someone else’s land. I was offered 32 truck loads of soil from a stockpile they had. I was not guaranteed that the soil would be of the same quality and composition as the truck loads of soil they took from my farm.
I was informed by the lawyer for the utility that I had until April 30, 2011 to decide to take the soil. There would be no other offer. Take it or leave it.
I contacted the Public Service Commission for help. The PSC approved the terms of project and I believed the utility was violating those terms. The PSC responded by telling me they could do nothing because the issue involved a private contract between myself and the utility.
They told me my only option was to sue the utility.
My father and I both worked those fields. Watching the way they’ve been ripped apart would sicken any farmer. But what farmer has the time and money it would take to sue a Wisconsin utility?
By signing that contract I signed away the control of the family farm, and it’s the biggest regret I have ever experienced and will ever experience. I have only myself to blame for not paying close enough attention to what I was signing.
We had a peaceful community here before the developer showed up, but no more. Now it’s neighbor against neighbor, family members not speaking to one another and there is no ease in conversation like in the old days. Everyone is afraid to talk for fear the subject of the wind turbines will come up. The kind of life we enjoyed in our community is gone forever.
I spend a lot of sleepless nights wishing I could turn back the clock and apply what I’ve learned from this experience. Now corn and bean prices are up. The money from the turbines doesn’t balance out our crop loss from land taken out of production. The kind of life we enjoyed on our family farm is gone forever too.
I would not sign that contract today. As I write this, the utility is putting up the towers all around us. In a few months the turbines will be turned on and we’ll have noise and shadow flicker to deal with. If I have trouble with these things, too bad. I’ve signed away my right to complain. These are some of the many problems I knew nothing about when I signed onto the project.
If you are considering signing a wind lease, take the contract to a lawyer. Go over every detail. Find out exactly what can happen to your fields, find out all the developer will be allowed to do to your land. Go through that contract completely, and think hard before make your decision.
I can tell you from first hand experience, once you sign that contract, you will not have a chance to turn back.
Gary Steinich
Steinich Farms, Inc.
Cambria, WI
June, 2011
[via Better Plan, Wisconsin]
Wind Turbine Land Agent
Source: kitfox8532
Hello, my name is Gary Hoopdeedoopdee and I represent the Acme wind turbine company from Spain.
Hi, my name is Jim — what can I do for you?
I have a great opportunity for you. I want to lease your land to put up a wind turbine. I only need one-quarter on an acre for the turbine and I will pay you a nominal fee. I have a simple eighty-five-page lease for you, so just sign on the dotted line.
Wow! this lease looks very complicated, and I noticed you are putting all my two hundred acres under lease.
This is so that we can do what we want, wherever we want, whenever we want, on all your land for the rest of your and your children’s lives. This lease is for one hundred years.
Turbines are large machines — what will my neighbors think? I’d better talk to them first.
No! don’t do that. Our contract must remain secret. Your neighbors and friends will quickly develop an affliction we call turbine envy. They may bring peer-reviewed papers to you and say turbines are dangerous and noisy, cause shadow flicker and loss of property value. They will probably stop talking to you. you must disregard all this information and only listen to me and read what I give to you. I know what is best for you. Here, take my pen.
Is a five-hundred-foot-tall turbine really safe one thousand feet from a home?
Of course! A young doctor at the health department did an extensive one-week review of the materials we supplied to him and concluded that there is not a problem living near a turbine. Pay no attention to anyone who says anything negative about turbines! Now it’s time to sign the contract.
Not yet! I want to check all this out first.
Time is of the essence! Think of me as the mother ship and this is your only chance to jump on board! A lot of others in the area have already signed on. This is your only chance to save the world! If I leave without this contract signed I will not come back, so sign here!
Just a minute! what about the noise and shadow flicker you mentioned?
Turbines are quiet! Discount any information from others who live near turbines with complaints of sleepless nights, jet engine sounds, vibrations, and shadows in their homes that resemble someone turning the lights off and on for hours, as well as people abandoning their homes due to illness. They’re all hysterical! You should only listen to me — now sign.
I see that by signing the contract I am under a gag order — but what happens if my neighbors have problems?
We would consider this an anomaly and ignore it, but this is what courts and lawyers are for: They should plan on a long and expensive legal fight. And by the way, Acme wind is an LLC with no assets, so I don’t know who they would even be able to sue. Let’s get this lease signed.
I will not sign! Get out of my home and off my property and never come back! I will not do this to my friends and neighbors!
Alright then, I will be back in a week to talk more!
