By - Jon Brown

Land Lease Agreements for Renewable Energy 101
September 16-17, 2019 | Austin, TX

Download PDF
 

Overview

The initial building block for any renewable energy project is the land control instrument between developer and landowner.  The preferred and most common method for establishing land control is the lease agreement.  This course addresses the typical renewable energy lease document in detail, as well as relevant related issues (easements, surveys, etc).  Differences between various renewable technologies will also be addressed.

Practitioners in the renewable space can benefit from attending since the course will focus on practical issues related to these agreements.  Attendees will learn the general construct of a lease, the main working provisions at issue, and the significance and effect of each of those provisions, from landowner and developer rights and uses to typical financing provisions.  The course instructors have experience representing both renewable energy developers and landowners, so the information provided to attendees takes “both sides” into consideration. 

The course will provide relevant materials and be designed in a manner to encourage (but not require) questions and interactions between instructors and attendees. 

Learning Outcomes

  • Explain the basics of renewable energy development and status
  • Describe the essential parts of a lease and related effects
  • Identify the rights needed by developer and landowner depending on scenario
  • Recognize differences in lease forms and goals depending on technology used
  • Exposure to surveying basics and interplay with lease document
  • Identify other related land control instruments such as easements and surface waivers
  • Build an understanding of the interrelatedness of lease document to the development process

Credits

AP_Logo

EUCI has been accredited as an Authorized Provider by the International Association for Continuing Education and Training (IACET).  In obtaining this accreditation, EUCI has demonstrated that it  complies with the ANSI/IACET Standard which is recognized internationally as a standard of good practice. As a result of their Authorized Provider status, EUCI is authorized to offer IACET CEUs for its programs that qualify under the ANSI/IACET Standard.

EUCI is authorized by IACET to offer 1.0 CEUs for this event.

 

Requirements for Successful Completion of Program

Participants must sign in/out each day and be in attendance for the entirety of the course

Instructional Methods

Power Point presentations and open discussion will be used

Agenda

Monday, September 16, 2019

8:00 – 8:30 a.m. :: Registration and Continental Breakfast

8:30 a.m. – 5:00 p.m. :: Course Timing

12:00 – 1:00 p.m. :: Group Luncheon


Introduction/Background/Overview

  • Wind and solar installed capacities
  • Transmission grid areas and map
  • General project timeline/procedure
  • Land control document types

9:15 – 10:30 a.m. :: Wind Lease Terms/Provisions – Part I

  • Owner/Grantee
    • Landowner and location considerations
    • Spousal issues
  • Grant/Purpose and Scope
    • What do you need?
    • What do you want to do?
    • How will you do it?
  • Reserved Uses
    • Farming/Ranching
    • Hunting
    • Minerals
  • Terms
    • Length and type considerations

10:30 – 10:45 p.m. :: Morning Break


10:45 a.m. – 12:00 p.m. :: Wind Lease Terms/Provisions – Part II

  • Grantee Reps
    • Insurance
    • Permits
    • Liens
    • Taxes
  • Termination/Restoration
    • Grantee/Grantor
    • Bond
  • Purchase Option
  • Memo

12:00 – 1:00 p.m. :: Group Luncheon


1:00 – 2:15 p.m. :: Wind Lease Terms/Provisions – Part III

  • Owner Reps
    • No interference
    • Third party rights (Minerals)
    • Environmental
    • Estoppels
    • Confidentiality
    • Setbacks/Waivers
    • Water/Caliche/Surface items
    • CRP
  • Miscellaneous
    • Legal matters
    • Tax credits
    • Condemnation
    • Force Majeure
    • Further assurances

2:15 – 2:30 p.m. :: Afternoon Break


2:30 –4:00 p.m. :: Wind Lease Terms/Provisions – Part IV

  • Events of Default/Cure
  • Mortgagee Protections
    • Default/Cure
    • Foreclosure/New agreement
    • Amendments
  • Construction Considerations
  • Payments
    • Rent v. Royalties
  • Assignment/Division of Lease

4:00 – 5:00 p.m. :: Solar Lease Differences

  • Purpose and Scope
    • Solar Nuances
  • Reserved Uses
    • Minerals
      • Surface Waivers/Accommodation Agreements
    • Owner Reps
    • Termination/Restoration

Tuesday, September 17, 2019

8:00 – 8:30 a.m. :: Continental Breakfast

8:30 a.m. – 12:00 p.m. :: Course Timing

 


8:30 – 10:00 a.m :: Property Description/Survey

10:00 – 10:15 a.m. :: Morning Break


10:15 – 11:00 am :: Title Insurance


11:00 a.m. – 12:00 p.m. :: Regulatory Considerations

  • PUCT
  • ERCOT

Instructors

Gregory S. Friend, Partner, Stahl, Davis, Sewell, Chavarria & Friend, LLP

Greg Friend is a partner in the Austin law firm of Stahl, Davis, Sewell, Chavarria & Friend, LLP .  His practice focuses on renewable energy transactions for wind and solar developers.  He provides assistance to wind and solar energy clients in many aspects of renewable energy project development, including drafting and negotiating land control documents, performing title and survey analyses and curative work, assessing permitting/environmental issues related to project activities, and providing opinions and other project financing support.  Greg also represents tax equity investors in real estate, permitting, and regulatory due diligence review of renewable energy projects.  Prior to joining Stahl, Bernal, Davies, Sewell & Chavarria, LLP, Greg represented clients on transactional matters (wind energy, oil and gas, environmental, and water) and before the Public Utility Commission of Texas, the Texas Railroad Commission, the Texas Commission on Environmental Quality, and Texas state courts.  Greg earned a J.D. from Vermont Law School where he was a member of the Vermont Law Review, and possesses a degree in Government from the University of Texas at Austin.  He is licensed to practice in Texas and Nebraska.


Alan Cohen, Partner, Stahl, Davis, Sewell, Chavarria & Friend, LLP

Alan Cohen is a partner at Stahl, Davis, Sewell, Chavarria & Friend, LLP . He practices in the firm’s Commercial Real Estate, Renewable Energy and Construction practice groups. Alan advises clients developing and operating wind and solar projects throughout the United States.  He serves the firm’s clients by drafting and negotiating land control documents, guiding projects through title and survey review, drafting and negotiating EPC (engineering, procurement and construction), BOP (balance of plant), FEED (front end engineering design) and other design and construction agreements, and assisting in other transactional matters related to project development. In his commercial real estate practice, Alan represents clients in all aspects of commercial real estate transactions including financing, PACE (Property Assessed Clean Energy) financing, purchasing, selling, title insurance, leasing, construction, and formation of partnerships, limited liability companies, and corporations. Alan’s experience includes serving as in-house counsel for a Fortune 250 provider of EPC services, commercial leasing (office, retail and industrial) including tenant representation throughout North America, representation of one of the nation’s largest title insurers, and litigation in state and federal district and appellate courts in Texas and Louisiana. Alan is a frequent contributor to the Commercial Lease Law Insider and the Commercial Tenant’s Lease Insider and he serves on the Board of Advisors of the Commercial Tenant’s Lease Insider. Alan is licensed to practice law in Texas and Louisiana, and admitted to practice in the U.S. District Courts for the Western, Southern and Northern Districts of Texas, the U.S. District Courts for the Eastern, Middle and Western Districts of Louisiana, and the U.S. Fifth Circuit Court of Appeals. Alan received his J.D. from Louisiana State University where he was a member of the Moot Court Board and a semifinalist in the Tullis Moot Court competition. Alan received his undergraduate degree from the University of Texas at Austin.


Brittany Dadon, Associate Attorney, Stahl, Davis, Sewell, Chavarria & Friend, LLP

Brittany May Dadon is an Associate Attorney at Stahl, Davis, Sewell, Chavarria & Friend, LLP. She practices in the firm’s Commercial Real Estate, Renewable Energy, and Natural Resources and the Environment practice groups. She represents national wind and solar developers in connection with all aspects of renewable energy project development, including negotiating and drafting site control documents, overseeing efforts to meet permitting requirements, providing analysis of and developing solutions with respect to a variety of title and land survey issues, and issuing opinion letters in support of construction loan and tax equity closings. Prior to joining the firm, Brittany worked as an attorney in the legal division of the Public Utility Commission of Texas, where she became proficient in administrative procedure, settlement negotiations, and litigation. Britany has tried cases at the State Office of Administrative Hearings, participated in rulemakings, and represented the public interest in a wide variety of contested cases. She has written extensive legal briefs, motions for summary decision, and statements of position. Her work has also been published in the TEXAS INTERNATIONAL LAW JOURNAL, one of the oldest and most prominent student-published international law journals in the United States. Brittany is licensed to practice law in Texas. She graduated with her J.D. from the University of Texas School of Law in May 2015. During law school, she was a member of the TEXAS INTERNATIONAL LAW JOURNAL and the Environmental Law Society, she received the designation of outstanding student in Environmental Law and Natural Resources, and participated in the 2013 Fall Litigation Institute. While in law school, she interned with Justice Lehrmann of the Texas Supreme Court and with Environmental Defense Fund’s Climate Change and Clean Energy Division.


John F. Watson, PLS, President, John F. Watson & Company

Mr. Watson is a professional land surveyor in Texas, Oklahoma and Kansas. His land surveying experience spans all parts of Texas and surrounding states. His experience in the oil and gas industry spans 26 years and his experience in the wind energy industry spans 14 years. Mr. Watson attended Texas A & M University in College Station, Texas and earned 100 hours towards a degree in Agricultural Economics. He later attended the University of Texas of the Permian Basin and graduated Magna Cum Laude with a degree in History, Finance minor. He has numerous Continuing Education Courses in Surveying, Engineering, AutoCAD, Land Development, Oil and Gas, Wind Energy, Real Estate and Finance. He is a member of the Texas Society of Professional Surveyors, Oklahoma Society of Land Surveyors, National Society of Professional Surveyors, Texas Surveyors Foundation, Inc., Surveyors Historical Society, American Society of Civil Engineers, Texas and Southwestern Cattle Raisers Association, Phi Alpha Theta History Honor Society, Society of Petroleum Engineers, and the American Wind Energy Association.


Erica Weinberger, Associate Attorney, Stahl, Davis, Sewell, Chavarria & Friend, LLP

Erica Weinberger practices in the Commercial Real Estate and Renewable Energy Law groups. Erica works with wind and solar developers in all aspects of project development and operation, including drafting and negotiation of leases and other site control documents, the resolution of issues related to severed estates, curing title and survey issues, and providing support throughout construction loan and tax equity closings. Erica has an extensive background in commercial leasing and has represented both landlords and tenants in the retail and office context, including a clientele ranging from a Fortune 500 company to local bar owners, and startup tech companies. Erica represents buyers and sellers in real property transactions from contract preparation, title and survey review, through closing. She also assists her clients with general business matters such as business formation and preparation of governing agreements, organizational structure and governance, asset purchases, and contracts.

After earning a degree in Government from the University of Texas, where she was named a member of Phi Beta Kappa, Erica attended law school at Georgetown University in Washington D.C. Currently, Erica serves as a Board Member for Alpha Epsilon Phi Omega Chapter and is a member of CREW Austin, and WRISE.


Matt Arth, Associate Attorney, Stahl, Davies, Sewell, Chavarria & Friend, LLP

Matt Arth practices in the firm’s Renewable Energy, Commercial Real Estate, and Natural Resources and the Environment practice groups. Matt represents wind, solar, and storage clients in renewable energy transactions and provides assistance throughout project development, including drafting and negotiating land control documents, performing title and survey analyses, and providing opinions on regulatory and permitting issues. Prior to joining Stahl, Davies, Sewell, Chavarria & Friend, LLP, Matt worked as a staff attorney at the Public Utility Commission of Texas. His regulatory practice involved review of applications for electric licenses and permits, as well as litigation before the State Office of Administrative Hearings in cases involving transmission and distribution utility base rate determinations, transmission line certificate of convenience and necessity amendments, and a variety of utility mergers and acquisitions. Matt also led several rulemakings, including projects related to battery storage ownership and electric vehicle deployment in Texas. His article on renewable portfolio standards and their alternatives was published in the Journal of Legislation. Matt is licensed to practice law in Texas. He graduated with a J.D. from the University of Notre Dame Law School.

Location

AT&T Executive Education and Conference Center

1900 University Ave

Austin, TX 78705

Reserve your room:

please call 1-512-404-1900

Click here to book online

Room Block Reserved For:

Nights of September 15 – 16, 2019

Room rate through EUCI:

$219.00 single or double plus applicable taxes
Make your reservations prior to August 15, 2019.

Venue Information

Getting to and from the hotel:

https://www.meetattexas.com/page/directions

Dining options

https://www.meetattexas.com/dining

Register

Event Standard RateAttendees

By clicking Accept or closing this message, you consent to our cookies on this device in accordance with our cookie policy unless you have disabled them. more information

By clicking Accept or closing this message, you consent to our cookies on this device in accordance with our cookie policy unless you have disabled them. You can change your cookie settings at any time but parts of our site will not function correctly without them. We use cookies during the registration process and to remember member settings.

Close