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Resource Documents: Iowa (11 items)

RSSIowa

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:  October 19, 2017
Contracts, IowaPrint storyE-mail story

Amshore Wind Easement, Kossuth County, Iowa

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

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Date added:  September 22, 2017
Aesthetics, Impacts, IowaPrint storyE-mail story

Rural Iowans Reject Industrial Wind

Author:  Swanson, Janna

For over 4 years now I have been working every day to protect rural Iowa from the onslaught of Industrial Wind Turbines. Beginning with the day our family received a certified letter that the Rock Island “Clean” Line, a 500 mile wind energy power line, was seeking a 200 foot easement by the threat of eminent domain through our farm. Now I and many other Iowa residents are seeking to halt the hundreds and hundreds of Industrial Wind Turbines being proposed throughout our communities. I am a member of the Preservation of Rural Iowa Alliance, a grassroots organization started in Clay County Iowa that stopped the Rock Island Clean Line and now I am a board member of the Coalition for Rural Property Rights started in Palo Alto that seeks to stop MidAmerican’s and Alliant’s wind energy goals because those goals are destroying the land and the peace of our homes.

Everyone loves wind turbines you say? Iowa’s government supports Industrial Wind? The farmers love the land payments? No, the closer you get to wind installations the more you will find out how much industrial turbines are losing favor. This last year I have received phone calls from all over the Midwest. People are distraught. People have been going door to door talking to neighbors, putting up signs, writing letters to newspapers, holding meeting, starting groups, starting webpages and talking with their County governments.

For the most part the people that support Industrial Wind live in town or don’t live here at all. In Palo Alto and Clay Counties an average of 4 residences per affected townships have signed up to have Industrial Turbines on land parcels where they live. In Sac County only 12% of the landowners that have signed contracts for industrial turbines actually live on the land. In Blackhawk, Poweshiek, Mahaska, Ida, Greene and Boone Counties it is all the same story. The rural residents don’t want the installations, have no vote yet will have to live with the negative impacts every day for as long as the turbines last.

The people who live in the footprint stand to make the most money but they refuse to sign because they have heard the testimonies of others that signed before they knew of the negative impacts. Many of these people would not sign if they had to do it all over again.

There are many, many reasons why people do not want Industrial Wind and none of those reasons have anything to do with the turbines being renewable energy.

Industrial Wind Turbines can be loud. In rural areas we generally have a nighttime decibel reading of 25 dBA. Wind turbine companies in our state have been seeking to raise that level to 45-60 dBA. Many times people have not just one turbine, but multiple turbines surrounding their homes. The noise is likened the sound to a jet plane that never lands.

Wind turbines create wakes and turbulence for miles. The pressure changes in the air from wind turbines can cause some people to feel dizzy or have headaches, vertigo. Between the pressure and the noise, sleep can be difficult. A growing number of experts are studying these claims and finding that the people with these claims are indeed not “making it up” as the wind industry claims.

Shadow flicker sounds innocuous enough but often it is allowed for rural residents to have to put up with the large shadows that are thrown by the blades for every day for weeks on end all within their homes and on their property. It is like a strobe light you cannot turn off. This can also make people feel ill.

The look of the turbines. Maybe a few are not horrible but when hundreds are shoved in one area it clutters the whole landscape and the night sky is filled with blinking red lights. It can ruin the beauty of the entire countryside for 30 miles in every direction from an area half the size of Des Moines for one installation. The largest reason why we have only 5 offshore wind turbines (these were built behind an island) in the US is because people do not want turbines in their coastal views. Iowans love their views as well. Town and city residents want to have attractive surroundings and so do rural residents.

Wind turbines complicate farming. Gone is any hope of straight rows and that decreases efficiency. Gone is efficient aerial applications. Gone is the soil that is world class and the staple of our economy. Many Ag pilots refuse to fly within half a mile of turbines. Ground rigs don’t work if the ground is soggy or the crops are leaning. The large equipment used to build turbines can damage tile and often it is not fixed in a timely manner or not at all when the wind company disagrees that the damage is their fault.

Turbine failures are inevitable. Failures are also far more common than the wind industry claims. GCube Insurance is a renewable energy insurance provider. On their website they claim “there are an estimated 3,800 incidences annually of blade failure – a rate of 1 in 184, or, put more simply, 1 incident per 61 turbines in operation.” Turbines that throw blades or fall over could harm people working the fields. Turbine fires burn for days and local fire crews are not equipped to fight them.

Wind turbines kill birds. The wind companies like to say that they only kill a small fraction of our birds. They cite buildings, cats and cars as other things that kill birds. How many of those things are there compared with the relatively small amount of turbines? We have 261.8 million cars and 86 million cats compared to 50,000 or so turbines yet the last administration felt the need to give wind companies the right to kill 4,200 eagles each year. That number does not include the rest of the birds or bats.

Our communities are fighting. The local town-based governments that have control over the rural areas want the money. That money, provided by the Production Tax Credit, is driving this whole mess. Even Warren Buffett is quoted saying “I will do anything that is basically covered by the law to reduce Berkshire’s tax rate. For example, on wind energy, we get a tax credit if we build a lot of wind farms. That’s the only reason to build them. They don’t make sense without the tax credit.”

The American Wind Energy Association has done a great job of telling about how much the rural areas love Industrial Wind and the farmers love their payments. That is likely how they got our legislators to agree to this debacle. Now that the offers have been made and the numbers are in it looks like Iowans would rather preserve and protect our land and landscapes instead of giving MidAmerican or Alliant, that are planning to buy these projects from the wind companies, easement over thousands and thousands of our acres to control.

Many other communities across the US and around the world are voting Industrial Wind out of their communities or instilling restrictive zoning that makes installations unprofitable. Iowa is lagging far behind in protecting its people. They are allowing our utility monopolies to run over our rural communities to satisfy their own back-patting goals.

Wind companies often say that the mountain of evidence in the form of testimony and studies that speak to the problems people have living near industrial Wind turbines are all lies. Even we will admit that not everyone has these problems. I would respect the Industry more if they admitted the problems though they do list them in their contracts. Here is an excerpt from an Invenergy Neighbor Agreement contract that they offer non-participating residents within half a mile of their projects. For a small one-time payment their contract gives the developer an “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.” If a company feels the need to offer these contracts then their turbines are too close. If a neighbor does not sign one of these contracts they will still receive the negative impacts. When communities instill zoning that protects homes and properties, there is not enough room for these 50–70-story-tall turbines.

People may say that farmers don’t like progress. If that were true many of us would still be farming with horses instead of machines with 250 horsepower. Farmers understand the cost of restoring our world-class soils after the turbines and the PTC have expired. The US does not make 4% of its energy from wind, only 4% of its electricity. That 4% has cost us billions. What we cut in greenhouse gases according to AWEA is 159 million metric tons of CO₂ worldwide. That is less CO₂ than the 290 million metric tons US forest fires release annually, just a tiny fraction of the 40 billion tons of CO₂ humans are responsible for every year. When you count the cost to our peace in our homes, loss of property values, harm to our wildlife, the harm to the land and agricultural businesses, the price of decommissioning, the loss of community relationships, the cost has been and will continue to be staggering.

Janna Swanson
Ayrshire, IA
Coalition for Rural Property Rights

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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:  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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