Wind Farm Agreements

The same problems arise when the developer has to amend the underlying agreement or obtain the agreement of the landowner. This burden becomes heavier, more costly and more risky for the developer if we add the complications and pitfalls associated with the attempt or effective separation of wind rights or the source of revenue from a wind field contract (see below) and keep these interests in mind. “Severance” separates all or part of the “wind rights” and/or income streams from the property of the underlying country. If there are multiple owners and all wind or income rights separated or reserved, the developer may face a huge task of tracking, evaluating and properly processing the different interests in real time. Contracts for electricity and wind energy are referred to as “air contracts” or AEDs. AAEs are long-term contracts for the purchase of renewable energy in agreed quantities and at prices that meet the needs of both the producer and the consumer. These renewable energy agreements not only provide both parties with financially advantageous solutions, but also clean renewable energy for businesses and allow investment in additional renewable energy developments. C. Sharing website resources.

Some wind energy agreements consider developer access and the use of project field resources, such as water and aggregate/rock for project operations. Water rights are naturally subject to restrictions on use and application under existing legislation and may therefore be available to the developer in the construction or maintenance of the project. For example, legislation on “irrigation” water should not be used legally for non-irrigation wind projects. Approval, sand and rock from an existing quarry or project site deposit can save a developer time and money and provide another source of income for the landowner. The pricing of these resources is the subject of negotiations between the parties. If the developer obtains and relies on contracts for availability, quality and quantity and access to these resources, an additional duty of care is required to determine and assess the value and quality of the resource and any third-party rights that may affect the developer`s intended use, as well as any additional authorization or authorization required by an agency or third party to extract or apply the materials (and the necessary corrective actions). B. Continued use of the property by the landowner. A unique and attractive feature of wind projects is that, in most cases, even after the construction and operation of the project, the landowner can continue to use a large portion of the use areas as before the conclusion of the wind energy contract. This is because only a small portion of the land is used for wind turbines, roads, transmission lines and related facilities. Some areas, such as the turbine pads themselves and the immediate surrounding areas, the O-M sites, substation sites, etc., will be exclusively for the developer and out of bounds for the landowner. Other areas, such as common roads or other facilities, would be available for sharing, in accordance with the terms of the agreement.

The rest of the land has little or no impact from the wind project, with the exception of the physical presence of the facilities and restrictions on intervention in the wind resource or the use of the wind resource.