Resource Documents: Iowa (9 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: 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: MidAmerican Energy
Highland Wind Energy, O’Brien County, Iowa
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. …
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. …
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”
Author: Harris, Ronald; Zhou, Liming; and Xia, Geng
Abstract: Wind farms (WFs) are believed to have an impact on lower boundary layer meteorology. A recent study examined satellite-measured land surface temperature data (LST) and found a local nighttime warming effect attributable to a group of four large WFs in Texas. This study furthers their work by investigating the impacts of five individual WFs in Iowa, where the land surface properties and climate conditions are different from those in Texas. Two methods are used to assess WF impacts: first, compare the spatial coupling between the LST changes (after turbine construction versus before) and the geographic layouts of the WFs; second, quantify the LST difference between the WFs and their immediate surroundings (non-WF areas). Each WF shows an irrefutable nighttime warming signal relative to the surrounding areas after their turbines were installed, and these warming signals are generally coupled with the geographic layouts of the wind turbines, especially in summer. This study provides further observational evidence that WFs can cause surface warming at nighttime, and that such a signal can be detected by satellite-based sensors.
Ronald A. Harris, Liming Zhou, and Geng Xia
Department of Atmospheric and Environmental Sciences, State University of New York, Albany, N.Y.
Remote Sensing 2014, 6, 12234-12246; doi:10.3390/rs61212234
Download original document: “Satellite Observations of Wind Farm Impacts on Nocturnal Land Surface Temperature in Iowa”
Author: McEowen, Roger
the 1800’s, farmers in the United States installed several million windmills across the Midwest and Plains to pump water and (later) generate power for lights and radios. Those windmills fit nicely into the existing landscape and generally did not create problems for others. Today, however, the wind energy industry is using the wind in a different manner by virtue of large- scale aerogenerators that have a tremendous impact on the visual landscape and the rural culture. In some communities, wind energy development has raised issues between neighbors, between private landowners and wind energy development companies, and between local officials and development companies.
Some farmers and other rural landowners have entered into long-term agreements with wind energy companies for the placement and operations of aerogenerators on their property. Generally, those agreements are drafted in favor of the wind energy company and require negotiation and modification of numerous provisions to make them fair from the landowner’s perspective.
In this article we provide an historical background behind the current emphasis on wind-generated electricity, address taxpayer subsidies that support the wind energy industry and detail the legal issues surrounding wind energy production and landowner agreements.