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). …
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