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Resource Documents: Contracts (52 items)

RSSContracts

Documents presented here are not the product of nor are they necessarily endorsed by National Wind Watch. These resource documents are 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.


Date added:  August 2, 2017
Colorado, ContractsPrint storyE-mail story

Sample Lease Documents, Golden West Wind Energy Project, El Paso County, Colorado

Author:  Nextera Energy

“Next Era Energy has destroyed our lives and has caused the death of 26 of our animals since Sept. 17, 2015 (when these blades started turning). Now something must happen as all we have seen is death. We are struggling to live here in our beautiful home. Sleep deprivation is killing us. We hope you can use these documents. We got them from our county government.”

Download original document: “Sample Lease Documents, Golden West Wind Energy Project, El Paso Country, Colorado

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Date added:  July 20, 2017
Contracts, IowaPrint storyE-mail story

Memorandum of lease

Author:  Upland Prairie c/o Apex Clean Energy

1. Lease. For the term and upon the provisions set forth in that Wind Energy Lease of even date herewith (the “Effective Date”) between Landlord and Tenant (the “Lease”), all of which provisions are specifically made a part hereof as though fully and completely set forth herein, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord for Wind Energy Purposes, that certain real property (the “Property”) located in Clay County, Iowa, as more particularly described in Exhibit “A” attached hereto, together with all rights of ingress and egress and all other rights appurtenant to the Property, as more particularly described in the Lease. Pursuant to the Lease, Tenant has the sole and exclusive rights to use the Property for Wind Energy Purposes.

2. No Interference. The Lease requires Landlord, during the Term of the Lease, not to cause nor permit any restriction or interference with: (a) the siting, permitting, construction, installation, maintenance, operation, replacement, or removal of Wind Facilities; (b) the flow of wind, wind speed or wind direction over the Property; (c) access over the Property to Wind Facilities; or (d) any other activities of Tenant permitted under the Lease.

3. Term. The term of the Lease shall expire eight (8) years after the Effective Date, if not extended or sooner terminated as provided in this Lease. Tenant may at its sole discretion extend the term of this Lease for an additional thirty (30) year term, with the further option to extend the term for two (2) additional ten (10) year terms.

4. Notice. This Memorandum is prepared for the purpose of giving notice of the Lease and in no way modifies the express provisions of the Lease. In the event of any conflict between the terms and provisions of the Lease and this Memorandum, the Lease shall control. This Memorandum shall continue to constitute notice of the Lease and all amendments thereto, even if the Lease is subsequently amended.

5. Successors and Assigns. The covenants, conditions and restrictions contained in the Lease shall run with the land and be binding on the successors and assigns of both Landlord and Tenant. Tenant and any transferee shall have the right throughout the Term to transfer, convey, sublease or assign this Lease or any interest in this Lease, the Property or the wind facilities to any person or entity without the consent of Landlord.

6. Ownership of Wind Facilities. Tenant shall at all times retain title to the Wind Facilities and shall have the right to remove them from the Property at any time. Landlord shall have no ownership, lien, security or other interest in any Wind Facilities installed on the Property and Landlord expressly waives, relinquishes and quitclaims any lien or security interest in and to the Wind Facilities or any other real or personal property of Tenant, whether arising at law or in equity.

7. No Severance of Wind Energy Rights. Landlord shall not assign or otherwise transfer an interest in the wind energy rights to the Property, or a portion thereof, separate from fee title to such real property, without Tenant’s consent which Tenant may withhold in its sole discretion.

8. Right of Reentry. Upon expiration or termination of the Term, Tenant shall have a license to enter onto the Property for eighteen (18) months following termination to restore the Property and for other activities as set forth in the Lease.

9. Transmission and Access Easement. If a utility requires and/or Tenant requests an easement in perpetuity with respect to one or more of the rights granted to Tenant pursuant to the Transmission and Access Easement, then Landlord shall grant the utility and/or Tenant, as applicable, such perpetual easement which covers the portion of the Property occupied by the utility’s and/or Tenant’s permanent roads, overhead and underground electrical and communications lines, collection and/or transmission equipment, as applicable, upon the terms set forth in the Lease.

As used herein, the term “Transmission and Access Easement” means, collectively, Tenant’s (i) exclusive right to construct, install, lay down, erect, improve, place, replace, remove, relocate and operate permanent roads, overhead and underground electrical and communications lines, collection and transmission equipment on the Property, and (ii) right of access more particularly described in Section 4.3 of the Lease.

Download original document: “Memorandum of lease

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Date added:  July 20, 2017
Contracts, OhioPrint storyE-mail story

Wind farm participation and support agreement

Author:  Apex Clean Energy

Owner is the owner of that certain tract of real property located in Van Wert County, Ohio …

1. Setback Waiver.

1.1 To the extent that any applicable law, ordinance, regulation or permit establishes, or has established, minimum setbacks from the exterior boundaries of the Property (or any structures thereon) for Windpower Facilities constructed on Wind Farm Property, Owner hereby waives any and all such setback requirements (the “Setback Waiver”); provided however, Grantee agrees not to construct a Wind Turbine within One Thousand Three Hundred Twenty Feet (1,320’) of any occupied residence located on the Property (as measured from the edge of the base of the Wind Turbine to the exterior of the closest foundation of any occupied residence on the Property as of the date hereof) and not to allow the blade of any Wind Turbine to overhang any boundary of the Property.For the avoidance of doubt, this Agreement does not grant to Grantee the right to construct Windpower Facilities on the Property. …

11. Confidentiality. Owner shall maintain in confidence all information pertaining to the financial terms of or payments under this Agreement, whether disclosed by Grantee or discovered by Owner, unless such information is in the public domain by reason of prior publication through no act or omission of Owner or its employees or agents. Owner shall not publish or otherwise disclose such information to others except to accountants, lawyers, or other professionals who receive such information under an obligation of confidentiality; buyers of the Property; lenders that have a security interest in the Property; or family members who agree to keep such information confidential. The provisions of this Section 11 shall survive the termination or expiration of this Agreement.

12. Wind Energy Lease Agreement. In the event that Owner and Grantee enter into a Wind Energy Lease Agreement or other similar instrument whereby Owner grants Grantee the exclusive right to install Wind Turbines and/or Windpower Facilities on the Property, then this Agreement shall be superseded by such instrument and this Agreement and all payment obligations hereunder shall terminate as of the effective date of such instrument. The foregoing shall not obligate either party to enter into any Wind Energy Lease Agreement or other similar instrument unless it determines in its own best interest to do so.

FEE SCHEDULE

Grantee shall make the following payments to Owner during the Term:

(1) within thirty (30) days of the Effective Date of this Agreement, a one-time payment of Five Hundred and No/100 Dollars ($500.00); AND

(2) Upon the Commercial Operations Date of the Phase in which the Property is a part (as determined by Grantee in its reasonable discretion), an annual payment equal to one of the following, as applicable:

(A) One Thousand Five Hundred and No/100 Dollars ($1,500.00) if any boundary of the Property is within the Tip Height Distance (as defined below) as measured from the edge of the base of the Wind Turbine to the nearest adjacent property line of the Property on such date. “Tip Height Distance” means the distance that is 1.1 times the tip height of the nearest Wind Turbine measured from the turbine’s base to the tip of the highest blade; OR

(B) One Thousand and No/100 Dollars ($1,000.00) if any boundary of the Property is within one thousand one hundred twenty-five feet (1,125’) of the nearest Wind Turbine (measured horizontally from the tip of the turbine’s nearest blade at 90 degrees from the turbine tower to the nearest adjacent property line of the Property) on such date; OR

(C) Five Hundred and No/100 Dollars ($500.00) if neither subsection (A) nor (B) above apply.

The annual payment due hereunder, shall be paid by Grantee within thirty (30) days after the Commercial Operations Date and then annually within thirty (30) days after each anniversary of the Commercial Operations Date until all of the Wind Turbines in the Phase of the Wind Farm of which the Property is a part are decommissioned.

Download original document: “Wind farm participation and support agreement

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Date added:  March 7, 2017
Contracts, IowaPrint storyE-mail story

Wind farm neighbor easement agreement

Author:  MidAmerican Energy

Highland Wind Energy, O’Brien County, Iowa

Excerpts:
Although Developer is taking commercially reasonable measures to minimize the side-effects of the operation and construction of the Wind Farm’s Generating Units and other related facilities on property near or adjacent to the Wind Farm … and Developer does not expect these side effects to exceed any industry standards regarding sound, shadow flicker, or television interference, Owner understands and acepts that operation of Generating Units may have some impacts on the Wind Farm’s neighbors, including the Owner’s Property. …

Agreement

1. Grant of Effects, Sound and Shadow Easements. Owner hereby grants and conveys to Developer and exclusive easement on, over, under and across all of the Owner’s Property to permit Generating Units or other wind energy conversion systems on adjacent property or elsewhere to cast shadows or flicker onto the Owner’s Property; impact view or visual effects from the Owner’s Property; and cause or emit noise, vibration, air turbulence, wake, and electromagnetic and frequency interference.

2. Construction Impact. Developer recognizes that Owner due to its location next to construction areas may be inconvenienced by construction noise and activities. Owner acknowledges Developer has informed Owner of the potential impacts of construction and agrees the compensation provided in this Agreement is adequate for the impacts described. …

20. Confidentiality. Owner shall not disclose to others (except Owner’s family, legal counsel, prospective Lenders and Assignees, and financial advisors who recognize and agree to preserve and maintain the confidentiality of such information) the terms of this Agreement. …

Payment schedule

A one-time payment of One Thousand dollars ($1,000) upon signing this Agreement; and

If a Generating Unit is installed within one-half mile of a residence existing on the Owner’s Property as of the date of this Agreement, then Owner shall be paid either (initial one of the following options):

______ OPTION 1:

An annual payment of Five Hundred dollars ($500) … Such annual payment shall be adjusted upwards by the greater of two percent (2%) per year on a compunded basis or by the percentage change, if any, in the GDPIPD [gross domestic product implicit price deflator] for the the preceding available four quarters.. …

______ OPTION 2:

A single one-time payment of Nine Thousand dollars ($9,000). …

Download original document: “Highland wind farm neighbor easement agreement

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