Resource Library Category: Contracts
| RSS | Contracts |
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.
Two Dozen Suggestions About Wind Power Leases for Farmers
Author: Ontario Federation of Agriculture
1. Meet with your neighbours — The wind company will be approaching your neighbours. Meet with them and work together with your OFA MSR.
2. Cost of a Lawyer — Ask the wind power company to pay to have the agreement reviewed by a lawyer who will work for everyone in the area. This saves you $ 500 to $ 1,000.
3. Transferability — Add a clause that stipulates that the agreement cannot be transferred by the wind company . . .
View (plus email and print links) »
Standard Utility Easement for Wind Energy Development
Author: Detroit Edison Company
3. Ingress and Egress. Grantor also grants to Grantee, its officers, employees, agents, contractors, subcontractors, licensees, invitees and guests, a non-exclusive Easement on, over and across the Easement Area, for vehicular and pedestrian ingress from the public right of way to all portions of the Easement Area and egress to the public right of way from all portions of the Easement Area by Grantee, its officers, employees, agents, contractors, subcontractors, licensees, invitees and guests, for the Term. Grantee agrees not . . .
View (plus email and print links) »
Confidential Right-of-Way Agreement
Author: Bowark Energy, Ltd.
Grant of Rights.
Right-of-Way. Subject to all of the terms and conditions set forth in this Agreement, Grantor hereby grants, conveys and assigns an exclusive right-of-way and easement (the “Right-of-Way”) to Grantee, its successors and assigns in, upon, over, across, along, above, through and under the Lands (which Right-of-Way shall run with the Lands), for the following purposes:
2.1.1 Windpower Facilities and Project Operations. …
2.1.2 Other Improvements. …
2.1.3 Access. …
2.1.4 Overhang Rights. …
2.1.5 Wind Non-Obstruction Rights. to use, maintain and capture the free and unobstructed flow . . .
View (plus email and print links) »
Burke, N.Y., options and easements
Author: North Country Advocates
These contracts are recorded at the Franklin County, N.Y., court house. Excerpts presented here are relevant to North Country Advocates’ ethics petition. Arnold Lobdell and David Vincent are members of the Burke Town Council. James Lobdell, Silas Vincent, and Matthew Carey are members of the Burke Zoning Board of Appeals.
1. Donald, Nancy, and Matthew Carey and Jericho Rise Wind Farm: Memorandum of option agreement
2. William K. and Hamilton F. Wood and Burke Wind Power [now Jericho Rise Wind Farm]: Memorandum . . .
View (plus email and print links) »
Legal Issues for Landowners
Author: McEowen, Roger
A wind energy agreement should never be negotiated without first having the agreement reviewed by legal counsel. Wind energy agreements are long-term agreements that will impact the land subject to the agreement for many years, likely beyond the lifetime of the landowner who executes the agreement. The following is a list of questions that landowners should ask when analyzing any wind energy agreement:
How much of the land will be subject to the agreement?
How long will the land subject to . . .
View (plus email and print links) »
Grant of Easement and Easement Agreement
Author: Hays Wind, LLC
CPV Wind was bought by Iberdrola of Spain in April 2007, which now operates the project as Hays Wind. CPV Wind was also looking to build in Geary County and neglected to change the name to Ellis County in this boilerplate contract.
“Grant of Easement and Easement Agreement”
View (plus email and print links) »
Wind Farm Neighbor Agreement
Author: Hays Wind, LLC
2. Easements; Covenants.
(a) Noise Easement. Owner grants to HAYS WIND a “Noise Easement” for the right and privilege to generate and maintain audible wind turbine noise levels on and above the Property in excess of forty-five (45) dB(A) at any or all times of the night (”Noise Easement”) and in excess of fifty (50) dB(A) at any or all times of the day. Day hours shall be defined as those from 7:00AM to 11:00PM and night hours shall be defined . . .
View (plus email and print links) »
Host Community Agreement Between the Town of Butler and Empire State Wind Energy, LLC
Author: Empire State Wind Energy
Community wind is touted as solving the exploitative relationship of developer and host town. In fact, it conditions the payments the developer would have made anyway on obligations of the town in support of the development.
VI. Host Community Payments.
“An annual host community fee, payable in annual installments, equal to seventy five per cent (75%) of the net revenues received by ESWE for the sale of electricity generated by the Facility will be paid by ESWE to the Town.” [Note that . . .
View (plus email and print links) »
Wind Energy Easement Agreement — Annotated
Author: Anon.
This wind energy lease contract from British Petroleum (BP) has comments included to call attention to its many pitfalls for the landowner.
Download “Wind Energy Easement Agreement — Annotated”
View (plus email and print links) »
Wind Turbine Land Leases and Options
Author: Stamp, Jackson, and Procter
Having been asked by farmer clients to look at a number of windturbine lease propositions we want clients to be aware that there are a number of potential pitfalls in proposed lease agreements. Key points:
Rental income is the most uncertain element. As the German operators of the world’s biggest “wind carpet” have observed “the wind blows as it will, where it will and when it will”. The amount of electricity generated (to which rental levels are linked) is neither . . .
View (plus email and print links) »
