Resource Documents: Contracts (53 items)
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.
Author: Amshore US WindAmshore US WindAmshore US WindAmshore US WindAmshore US Wind
This ORIGINAL WIND EASEMENT (this “Easement”) is made and entered into effective as of the Effective Date by and between ____ (“Owner”) and Amshore US Wind, L.L.C., a Texas limited liability company, its successors and assigns (“Grantee”).
“Easement Term” or “Term”: Subject to earlier termination in accord with the terms of this Easement and the Option to Extend Wind Easement Term, set out in Section 24 below, the period commencing on the Effective Date and continuing for thirty (30) years after the Date of Commercial Operation, as extended by the terms of this Easement for purposes of removal of Improvements and completion of Surface Restoration.
“Permitted Use”: (1) Installing, operating, maintaining, removing, replacing and collecting data from meteorological towers, stations and anemometers, conducting avian, archeological and biological assessments, environmental assessments, soil and preconstruction analysis, and other studies and evaluations deemed necessary by Grantee for purposes of evaluating the Wind Resources of the Premises, exercising the rights granted to Grantee hereunder, and developing the Wind Energy Project; (2) Constructing, installing, operating, accessing, maintaining and removing (including, when necessary, replacing) (a) WTGs on WTG Pads on the Premises for the conversion of Wind Resources to electricity, and including replacing WTGs for purposes of repowering for conversion of Wind Resources to electricity on WTG Pads located on the Premises and/or in connection or conjunction with other real property on which the Wind Energy Project is located; and (b) all related Improvements (i) necessary or convenient to Grantee in conjunction with WTGs for the Wind Energy Project (ii) for the use by Grantee in collecting, transmitting or otherwise making electricity from the WTGs on the Wind Energy Project marketable and available for sale; or (iii) for the use by Grantee for access to and from the Improvements or a public right of way to the WTGs for the Wind Energy Project (in each case, whether or not such WTGs are on the Premises), or (3) uses otherwise permitted herein. All references in this Easement to electricity or the production of electricity shall mean and include any forms of energy generated from renewable natural wind resources that might be developed, provided nothing contained herein gives Grantee the right to develop renewable natural resources other than wind without the written agreement of Owner regarding the manner in which such other resources may be developed and considerations due Owner therefore.
“Improvements”: Improvements include, but are not limited to, any of the following: WTG’s, buried electric collection lines, electric collection systems, electric transmission lines and poles, telecommunication towers and lines, buried fiber optic and other telecommunication lines, physical hardware, supporting components, Interconnection Facilities, O&M Building, Utility Substation, Collection Substation, transformers, junction boxes, any other operation and maintenance buildings, communication buildings, meteorological towers, stations, anemometers, electric substations, project access and other roads, staging and laydown areas for the construction and maintenance of such Improvements, gates, fences, and any other improvements, equipment, facilities, or fixtures completed by Grantee in accordance with the terms hereunder that are related to and for the purpose of converting Wind Resources into electrical energy (and transmitting data related thereto).
Development Spacing. From and after the Effective Date of this Easement, Owner agrees that it will not (and will not allow any other person or entity to) construct any improvements whatsoever on the Premises that will interfere with the free and unobstructed natural wind flow over the Premises to a WTG. Owner shall not construct any improvements on a WTG Pad without the prior written consent of Grantee. Owner shall not construct any building or other structure in excess of sixty (60) feet in height in the Wind Flow Zone. Owner shall have the right to construct and maintain normal and customary farm and ranch improvements such as livestock pens, water wells, barns and sheds within the Wind Flow Zone. The construction of such farm and ranch improvements within the Wind Flow Zone and the construction of improvements outside the Wind Flow Zone shall be deemed not to interfere with the free and unobstructed natural wind flow over the Premises to the WTG; provided however, Grantee shall not construct any WTG within one thousand four hundred (1,400) feet of the main residence on the Premises or one thousand (1,000) feet of any other existing, permanent residence or barn, either of which is located immediately adjacent to the main residence, or within one hundred fifty (150) feet from any other existing structures, pump jacks, tank batteries, or other above ground oil and gas facilities located on the Premises as of the Effective Date, without Owner’s prior written consent.
Utility Substation & Collection Substation. At any time during the Term of this Easement, and upon notice by Grantee, Owner agrees to either (i) accept rental payments or (ii) promptly execute a purchase agreement, for an electric substation (“Utility Substation”) and transmission facilities in favor of Grantee, or at Grantee’s option, in favor of any electric transmission utility company providing Grantee access for its electricity to the MISO grid, covering no more than twenty-five (25) acres of land, which land must be other than mineral classified land, the location of which will be selected by Grantee and approved by Owner (which approval will not be unreasonably withheld, conditioned or delayed). … Owner shall also grant appropriate easements or sales … for road and power transmission facilities to permit connection to existing transmission lines.
O&M Building. Grantee shall have the right to construct an operations and maintenance facility on the Premises with storage facilities and parking areas (“O&M Building”) covering no more than ten (10) acres of land, the location of which be selected by Grantee after consultation with Owner.
Construction. … Grantee shall construct and install all electric gathering lines, conduit, fiber optics and cables for the collection of electricity (and related data) from the WTGs of the Wind Energy Project underground, buried to a depth of at least forty (40) inches, to the point of connection with any Utility and/or Collection Substation. Upon Owner request, all ditching or trenching shall be done either by trenching using the double ditching method of trench construction whereby up to eighteen (18) inches of the topsoil will be separated from the balance of the dirt removed in making the ditch or trench, so that any caliche, other rock or shale will be separated from any topsoil so removed, or by the plowing method. In backfilling after any such operation, the topsoil first removed shall be used as cover soil in such a manner as to result in it being returned to the top of the ditch or trench as topsoil unless the existing soils are rocky and cause thermal resistivity issues which require the use of different soil.
New and Improved Road Payments. Grantee agrees to pay Owner for each new road constructed by Grantee for the Easement Term and existing roads improved by Grantee on the Premises a one-time payment based on Eight Thousand and No/100 Dollars ($8,000.00) per mile, with a minimum payment of Eight Thousand and No/100 Dollars ($8,000.00) regardless of the actual distance of any such road. Any such roads shall not exceed thirty-six (36) feet in width (or a temporary width of fifty (50) feet of such roads during construction or certain maintenance/repair activities for the WTG’s and other Improvements) without the consent of Owner, such consent not to be unreasonably withheld. … Payments under this Section 4.13 shall also constitute payment for surface and crop damages for the construction or installation of all underground electric gathering or collection lines and overhead power lines on the Premises that run along the route of or under new roads constructed by Grantee or existing roads improved by Grantee on the Premises, and any payments under this Section 4.13 shall be without duplication of the payments for Compensated Lines under Section 4.12.
Energy Royalty. Grantee shall pay Owner royalties on electricity produced from WTG’s located on the Premises, or on electricity sales from the Wind Energy Project otherwise attributable to the Premises (the “Energy Royalty”) as follows: (I) four percent (4.0%) of the Gross Revenues from the Date of Commercial Operation until the fifth (5th) anniversary of the Date of Commercial Operation; (2) four and one-half percent (4.50%) of the Gross Revenues from the fifth (5th) anniversary to the tenth (I 0th) anniversary of the Date of Commercial tion; (3) five percent (5.00%) from the tenth (10th) anniversary to the fifteenth (15th) anniversary of the Date of Commercial Operation; (4) five and one-half percent (5.50%) from the fifteenth (15th) anniversary to the twentieth (20th) anniversary of the Date of Commercial Operation; (5) six percent (6.00%) from the twentieth (20th) anniversary to the twenty-fifth (25th) anniversary of the Date of Commercial Operation; and (6) six and one-half percent (6.50%) from the twenty-fifth (25th) anniversary of the Date of Commercial Operation until the end ofthe initial Easement Term.
Definition of Gross Revenues. “Gross Revenues” means the total monies received by Grantee from a utility company or other power purchaser (provided, however, that if electricity is sold to a subsidiary or affiliate of Grantee, then, and only then, the gross receipts from the sale of electricity under such contract shall be calculated using a sale of not less than the arithmetical average of the prices quoted by market sources of information, which information may be based upon the price paid by any purchaser or purchasers, including Grantee or any subsidiary or affiliate of Grantee, for electricity produced in the Iowa region of the Midwest Independent System Operator (“MISO”) from operation of wind turbines during the calendar year immediate!y preceding the year in which such electricity production from the Wind Energy Project occurs, taking into account the aggregate terms associated with such transaction) derived from the sale of electric energy and capacity produced and sold from the WTG’s installed on the Premises, net of proportional energy losses associated with the power collection system or utility interconnection. For the avoidance of doubt, Gross Revenues shall (A) exclude monies received from any source other than the sale of electric energy and capacity, including, without limitation, any of the following: (i) any federal, state, county or local tax benefits, grants or credits or allowances related to, derived from, or granted to the Wind Energy Project or Grantee, including, but not limited to, investment or production tax credits, or property or sales tax exemptions, (ii) proceeds from financing activities, sales, assignments, partial assignments, contracts (other than the power purchase agreement) or other dispositions of or related to the Wind Energy Project (such as damages for breach of contract or liquidated damages for delays in project completion or failures in equipment performance), (iii) amounts received as reimbursements or compensation for wheeling costs or other electricity transmission or delivery costs, and (iv) any proceeds received by Grantee as a result of damage or casualty to the Wind Energy Project, or any portion thereof and (B) include any revenues derived from Grantee’s sale of carbon dioxide trading credits, renewable energy credits or certificates, emissions reduction credits, emissions allowances, green tags, tradable renewable credits, or Green-e® products, any of which are allocated to Grantee, if applicable, through its participation in any voluntary registry, association or market-based exchange.
Minimum Royalty. … Grantee shall pay Owner a minimum royalty (the “Minimum Royalty”) equal to the greater of (I) the dollar amount per nameplate rated Megawatt Capacity or (2) the dollar amount per WTG Installed on the Premises based on the minimum dollar amount per year, as set forth in the table below. In the event the Megawatt Capacity per WTG increases during the Easement Term as a result of any repowering effort, the Minimum Royalty shall likewise increase where applicable. The Minimum Royalty shall be prorated for partial years. Grantee shall be allowed to credit against the Minimum Royalty any Energy Royalty accrued during any applicable year and timely paid to Owner as provided in this Easement. In each year that the Energy Royalty timely paid to Owner in accord with this Easement exceeds the Minimum Royalty, then no Minimum Royalty shall be due. I f following Commercial Operation, Grantee terminates this Easement prior to the end of the Easement Term, the full Minimum Royalty for the year of termination will be due and payable unless such Energy Royalty paid during such year exceeds the Minimum Royalty.
|APPLICABLE PERIOD||MINIMUM ROYALTY|
|From the Date of Commercial Operation through the fifth (5th) anniversary of the Date of Commercial Operation||$3,500.00 per Megawatt Capacity or
$7,000.00 per WTG
|From the fifth (5th) anniversary of the Date of Commercial Operation through the tenth (10th) anniversary of the Date of Commercial Operation||$4,000.00 per Megawatt Capacity or
$8,000.00 per WTG
|From the tenth (1Oth) anniversary of the Date of Commercial Operation through the fifteenth (15th) anniversary of the Date of Commercial Operation||$4,500.00 per Megawatt Capacity or
$9,000.00 per WTG
|From the fifteenth (15th) anniversary of the Date of Commercial Operation twentieth (20th) anniversary of Commercial Operation||$5,000.00 per Megawatt Capacity or
$10,000.00 per WTG
Exclusive Use and Owner Access. This Easement grants to Grantee a sole, superior and exclusive right of use, enjoyment or possession of the Premises for the Permitted Use, including without limitation as to (a) each WTG Pad during the period of construction of the WTG located on such WTG Pad, (b) fenced construction staging or storage areas of Grantee, (c) any Utility Substation, (d) the O&M Building and (e) any Collection Substation, where Grantee shall have the exclusive right of use, possession and enjoyment of such facilities, all subject to Owner’s inspection and emergency rights under this Easement.
Standards for Removal of Improvements. … Tower Foundations and Pad Mount Transformer Foundations: All foundations installed on the Premises shall be demolished, cleared and removed from the ground to a depth of at least three (3) feet from the grade of the surface of the land (i.e., below plow depth). Grantee shall ensure that any holes or cavities created in the ground as a result of such removal are filled with topsoil of the same or similar type at the Premises in accord with Surface Restoration. …
Amshore US Wind, Corpus Christi, Texas
Download original document: “Amshore Wind Easement, Kossuth County, Iowa”
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.”
- Option for Transmission Easement Agreement and Transmission Easement (pages 2-11)
- Wind Project Neighbor Easement Agreement (pages 12-23)
- Grant of Electrical Line, Communication Line, Road and Wind Rights Easements (pages 24-42)
- Grant of Road Easement and Easement Agreement (pages 43-55)
- Road and Transmission Line Easement Agreement (pages 56-74)
- Windpark Easement Agreement (pages 75-97)
Download original document: “Sample Lease Documents, Golden West Wind Energy Project, El Paso Country, Colorado”
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”
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.
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:
(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”