Monday, August 07, 2006

Another wind lease

Here is what we mean by a "wind power facility," as defined in a Clinton County, N.Y., lease option from Zilkha Renewable Energy (now owned by Goldman Sachs and called Horizon Wind Energy):
(a) wind machines, wind energy conversion systems and wind power generating facilities (including associated towers, foundations, support structures, braces and other structures and equipment), and other power generation facilities to be operated in conjunction with wind turbine installations, in each case of any type or technology (collectively, "Generating Units"; (b) transmission facilities, including overhead and underground transmission, distributin and collector lines, wires and cables, conduit, footings, foundations, facilities, circuit breakers and transformers, and and energy storage facilities; (c) overhead and underground control, communicatins and radio relay systems and telecommunications measurement equipment; (e) roads and erosion control facilities; (f) control, maintenance and administration buildings; (g) utility installations; (h) laydown areas and maintenance yards; (i) signs; (j) fences and other safety and protection facilities; and (k) other improvements, facilities, appliances, machinery and equipment in any way related to or associated with any of the foregoing (all of the foregoing, including the Generating Units, collectively, "Wind Power Facilities").
That Zilkha lease also includes the usual easements for "audio, visual, view, light, flicker, noise, vibration, air turbulence, wake, electromagnetic, electrical and radio frequency interference, and any other effects attributable to any Project or Operations," and the lessor (the property owner) or "any Related Person of Lessor" shall not
(i) interfere with or impair (A) the free, unobstructed and natural availability, accessibility, flow, frequency, speed or direction of air or wind over and across the Property (whether by planting trees, constructing building or other structures, or otherwise) or (B) the lateral or subjacent support for the Wind Power Facilities or (ii) engage in any other activity on the Property or elswhere; in each case that might cause a decrease in the output or efficiency of Lessee's or an Sublessee's Generating Units.
wind power, wind energy, wind farms