Saturday, July 01, 2006

Wind Farm Neighbor Easement Agreement

Here are extracts from a "Wind Farm Neighbor Easement Agreement" drawn up by Zilkha Renewable Energy, which is now owned by Goldman Sachs and called Horizon Wind Energy. Reportedly, current agreements from Horizon are identical.

Recitals

... Owner understands and accepts that operation of Generating Units may have some impact on the Wind Farm's neighbors, including the Owner's Property.

... Grantee wishes to obtain Effect, Sound and Shadow Easements from landowners who are neighbors of the Wind Farm for the benefit of the Wind Farm and as an opportunity to provide Owner with certain economic benefits to accrue from operation of the Wind Farm.

Agreement

Effects Easement. Owner grants to Grantee an easement, right and entitlement on, over, across and under Owner's Property for any audio, visual, view, light, vibration, air turbulence, wake, electromagnetic, ice or other weather created hazards or other effect of any kind whatsoever resulting directly or indirectly from (a) operations or activities of any Wind Farm or (b) the facilities of any Wind Farm now or hereafter locate on the Wind Farm Property. Owner agrees to consult with and obtain Grantee's prior written approval, in Grantee's sole discretion, as to the location of all new structures greater than sixty-five (65) feet in height proposed for Owner's Property.

Sound Easement. Owner grants Grantee an easement, right and entitlement on, over, across and under Owner's Property for any sound level (audible or otherwise) in excess of fifty (50) dB(A). As measured at the outer walls of any occupied residence sound shall not exceed the greater of: (i) a contribution from the Generating Units of fifty (50) dB(A), or (ii) a rise of sound level of six (6) dB(A) over ambient sound levels. ...

[note: that includes at night]

Shadow Easement. Owner grants Grantee an easement, right and entitlement on, over, across and under Owner's Property for any shadows cast by the Generating Units and Met Towers, wherever located, onto Owner's Property. ...

[note: those shadows move, i.e., flicker]

Term. The term of the Easements ... shall commence upon the Effective Date and shall end on the date that is thirty (30) years following the date on which the Wind Farm begins Commercial Operation. ...

Confidentiality. Owner shall not disclose to others ... the terms of this Easement Agreement.

Payment Schedule

[$250 on signing, $250 when constructionstarts, $1,000/year (increasing with Consumer Price Index) when facility starts operating.]

Notwithstanding anything herein to the contrary, Grantee shall not be required to make any payments hereunder unless and until a wind turbine generator is constructed within twenty-five hundred (2,500) feet of any occupied residential structure on Owner's Property existing on the Effective Date, such distance as measured from the center of the wind turbine generator foundation to the nearest outer wall of such structure.

[note: the industry considers a zoning setback of 2,500 feet to be burdensome, yet here considers that the very distance within which it considers it necessary to pay off the neighbors to keep quiet about problems]

wind power, wind energy, wind farms