Land Lease Agreements for Renewable Energy 101

May 7, 2018

, | Online :: Central Time

The initial building block for any renewable energy project is the land control instrument between renewable 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 different 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 understanding of the interrelatedness of lease document to the development process

Credits

EUCI is accredited by the International Accreditors for Continuing Education and Training (IACET) and offers IACET CEUs for its learning events that comply with the ANSI/IACET Continuing Education and Training Standard. IACET is recognized internationally as a standard development organization and accrediting body that promotes quality of continuing education and training.

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

Requirements for Successful Completion of Program

Participants must be logged in 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 14, 2020 – Central Time

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

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
Grantee Reps
- Insurance
- Permits
- Liens
- Taxes
Termination/Restoration
- Grantee/Grantor
- Bond
Memo

10:30 – 10:45 p.m. :: Morning Break

Wind Lease Terms/Provisions – Part II

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

Wind Lease Terms/Provisions – Part III

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

2:15 – 2:30 p.m. :: Afternoon Break

Solar Lease Differences

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

Property Description/Survey

Tuesday, September 15, 2020 – Central Time

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

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

Title Insurance

Purpose
Coverages

Purchase Options

Substation/Switchyard
Solar project land control

Interconnection Issues

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 project 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/regulatory 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, Davies, Sewell, Chavarria & Friend, 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

John Watson is the Co-founder and President of John F. Watson & Company, a multi-state professional land surveying firm based in Midland, Texas. John F. Watson & Company provides services all over North America through its network of professionals and offices. Mr. Watson is a licensed/registered professional land surveyor in Texas, Oklahoma and Kansas. Mr. Watson’s land surveying experience spans all parts of Texas and surrounding states with extensive experience with renewable energy and other forms of energy and commercial development. John Watson assists renewable development clients with various site evaluations, development consulting, title review, site constructability and all forms of boundary and ALTA/NSPS Title Surveys.

Mr. Watson’s diverse career spanning 31 years in professional land surveying enabled strong working relationships with land owners, title companies, real estate and title attorneys and other land related professionals. Mr. Watson has performed land surveying and development consulting at the state, national and international levels. Mr. Watson has provided professional services to over 160 utility scale wind energy facilities and over 50 utility scale solar energy facilities across numerous states. Apart from renewable energy Mr. Watson has extensive experience with historic boundary retracement, oil and gas and pipeline projects, electric transmission projects, subdivision planning, platting and processing in many metropolitan areas, telecommunication surveys in every major city in Texas and of course performing ALTA/NSPS surveys for all types and sizes of commercial and development properties. Mr. Watson’s expertise and skills provide for excellent project assessment and development, risk management and operations. These same skills and expertise provide for comprehensive, accurate and quality land surveys emphasizing total project commitment to the client and to the public.

Mr. Watson attended Texas A & M University where he studied Agricultural Economics with a focus on land management and later attended the University of Texas of the Permian Basin and graduated Magna Cum Laude with a degree in History, Finance minor. He is a Past-President of the Texas Society of Professional Surveyors and a former Texas Governor to the Board of Governors of the National Society of Professional Surveyors (NSPS). He currently represents Texas as its Alternate Director to the Board of Directors of the National Society of Professional Surveyors (NSPS).

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.

Online Delivery

We will be using Microsoft Teams to facilitate your participation in the upcoming event. You do not need to have an existing Teams account in order to participate in the broadcast – the course will play in your browser and you will have the option of using a microphone to speak with the room and ask questions, or type any questions in via the chat window and our on-site representative will relay your question to the instructor.

You will receive a meeting invitation will include a link to join the meeting.
Separate meeting invitations will be sent for the morning and afternoon sessions of the course.
- You will need to join the appropriate meeting at the appropriate time.
If you are using a microphone, please ensure that it is muted until such time as you need to ask a question.
The remote meeting connection will be open approximately 30 minutes before the start of the course. We encourage you to connect as early as possible in case you experience any unforeseen problems.

Land Lease Agreements for Renewable Energy 101