By - Jon Brown

Land Lease Agreements for Renewable Energy Projects
November 13, 2019 | Denver, CO

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Overview

All renewable energy projects rely on leases, easements and similar land rights that create the relationship between landowners and the developer and operator of projects.  This course focuses on typical renewable energy lease provisions in significant detail. 

From that focal point, we cover the leasing process and the various third parties who are also involved in the owner-developer leasing relationship: title insurers, surveyors, government landowners, easement holders, investors and lenders, and mineral right holders.  We also cover the common issues that arise in the leasing process, such as access rights, construction and removal of the improvements, and concurrent uses.  All of this analysis is within a practical context: what are the key issues for developers and landowners, and why are those issues central to each party.  One can only successfully negotiate a renewable energy lease if you understand the motivation of your counterparty.

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 questions and interactions between instructors and attendees.

Learning Outcomes

  • Discuss the basics of renewable energy development
  • Review why renewable energy leases differ from traditional real estate leases
  • Identify key landowner and project developer needs, tension points and potential resolutions
  • Navigate the leasing process and where it fits into the overall project development process
  • Recognize how to interact with third parties in the process
  • Build an overview of using various land control tools in different contexts
  • Assess how different development project stages create different land-related transactional needs

Credits

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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 0.8 CEUs for this event.

 

Agenda

Wednesday November 13, 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


Welcome; Introduction/Background

  • Setting the stage: Intro to Project development and project finance
  • A note about distributed projects

Overview of Types of Real Property Documents

  • Easements, licenses and leases – differences, and does form matter?
  • Options
  • Leases
  • Easements
  • Licenses

Fundamental Lease Terms

  • A note about due diligence
  • Scope of permitted uses
  • Required easements and appurtenant rights
  • Non-interference covenants
  • Creating an insurable interest
  • Title and survey matters
  • Mineral rights matters
  • Term
    • Lifecycle of a project and lease terms (PPA/merchant market)
    • Development or option periods, operational periods and termination rights
    • Subdivision considerations
  • Monetary terms and what goes on the land
    • Rent calculation alternatives and renewal term rents
    • Payments for specific activities: the project itself, transmission towers, substation etc.
  • Easements and related needs for the project
    • Access
    • Transmission
    • Construction
    • Exclusive rights to the resource/severance of rights
    • Setbacks and waivers/overhang/noise
  • Concurrent uses and how a renewable energy project affects the land
    • Farming/ranching/hunting uses
      • Conservation Reserve Program and similar programs
      • Crop and animal damage
      • Concurrent uses – erosion and weeds
    • Taxes: who pays what? tax rollbacks
    • Decommissioning and removal, security and bonding
  • Assignment rights and financing provisions
    • Fee debt subordination and non-disturbance agreements
    • Liens and mortgages from owner and developer perspective
      • Mortgagee protection: cure rights, foreclosure and new agreement, estoppels and amendments
      • Mechanics liens
    • Title/insurance at financing?
  • Permitting and Environmental
  • Various renewable energy project-specific provisions
    • Use of resources: water/caliche/gravel
    • Construction provisions
    • Events of default
    • Estoppels
    • Environmental matters
    • Confidentiality
    • Condemnation
    • Force majeure
  • Insurance and indemnification provisions

Additional Considerations: Who is your counterparty? 

  • Owner
    • Surface v. mineral rights
    • Spousal consent/tenants in common
    • Government landowners
    • Easement holders
  • Developer
    • Developers/builders/offtakers
    • Developer experience
    • Creditworthiness
    • Assignment provisions and contexts
    • Third party users – utilities, shared facilities, etc.

Overview of Technologies

  • Fundamental differences between wind and solar projects
    • Layout and spacing
    • Concurrent and exclusive uses
  • Wind and solar installed capacities
  • General project development timeline
    • Predevelopment and site evaluation
      • Transmission and interconnection
    • Lease-up timeline
    • Permitting process
    • Construction timeline
  • Land control document types
  • Background statutory and zoning provisions and best practices

Instructors

Adrienne J. Bell, Partner, Holland & Hart

Adrienne represents the real estate, land use, and development needs of clients in a wide variety of industries.

Strategic Real Estate Development Advisor: Adrienne draws on her experience as a community planner and development director to provide clients with valuable perspective and insight to navigate obstacles, evaluate risks, and complete transactions. She regularly represents real estate developers and builders, traditional and renewable energy companies, hotels and resorts, and healthcare companies.

Real Estate Advice for the Renewable Energy Industry: Adrienne advises clients on complex real estate matters that arise in connection with the development of utility-scale renewable energy projects.

Alcoholic Beverage Licensing: Adrienne also advises clients on Utah alcoholic beverage licensing matters compliance with Department of Alcoholic Beverage Control regulations.


Matt Kim-Miller, Partner, Holland & Hart

Matthew provides seasoned representation to clients across a broad scope of transactional matters.

His real estate experience includes representing developers, owners, and other parties in  land use and entitlements, subdivisions, financing, acquisitions and dispositions, master-planned development and other common interest ownership structures, construction contracting, workouts, leasing, conservation easements, property exchanges, and transactions involving public land. His clients include parties involved in residential, hospitality, office, medical, retail, mixed-use, and industrial sectors.

Matthew’s extensive corporate experience includes asset and stock transactions, the creation and maintenance of entities and holding structures, joint venture, and equity and debt capitalization. As part of his business practice, he regularly works with the firm’s private client group on wealth preservation and protection matters. In relation to public bodies, he has represented various parties involved in public finance and special assessment and tax increment districts, including loans to and bond issuances by public entities, incentives available from public bodies and municipal law questions. Matthew has worked with various tax credits and affordable housing incentives.

His real estate experience includes representing developers, owners, and other parties in  land use and entitlements, subdivisions, financing, acquisitions and dispositions, master-planned development and other common interest ownership structures, construction contracting, workouts, leasing, conservation easements, property exchanges, and transactions involving public land. His clients include parties involved in residential, hospitality, office, medical, retail, mixed-use, and industrial sectors.

Matthew’s extensive corporate experience includes asset and stock transactions, the creation and maintenance of entities and holding structures, joint venture, and equity and debt capitalization. As part of his business practice, he regularly works with the firm’s private client group on wealth preservation and protection matters. In relation to public bodies, he has represented various parties involved in public finance and special assessment and tax increment districts, including loans to and bond issuances by public entities, incentives available from public bodies and municipal law questions. Matthew has worked with various tax credits and affordable housing incentives.

Matthew provides seasoned representation to clients across a broad scope of transactional matters.

His real estate experience includes representing developers, owners, and other parties in land use and entitlements, subdivisions, financing, acquisitions and dispositions, master-planned development and other common interest ownership structures, construction contracting, workouts, leasing, conservation easements, property exchanges, and transactions involving public land. His clients include parties involved in residential, hospitality, office, medical, retail, mixed-use, and industrial sectors.

Matthew’s extensive corporate experience includes asset and stock transactions, the creation and maintenance of entities and holding structures, joint venture, and equity and debt capitalization. As part of his business practice, he regularly works with the firm’s private client group on wealth preservation and protection matters. In relation to public bodies, he has represented various parties involved in public finance and special assessment and tax increment districts, including loans to and bond issuances by public entities, incentives available from public bodies and municipal law questions. Matthew has worked with various tax credits and affordable housing incentives.


Ashley Wald, Partner, Holland & Hart

Ashley Wald provides sophisticated guidance to clients in the solar, wind, other renewable, and natural gas industries as they develop energy projects and related infrastructure across the United States.

She assists her clients at all stages of energy project development and finance, from site acquisition through commercial operation, with particular emphasis on construction contracts (EPC) and power purchase agreements.

In addition, Ashley negotiates power purchase agreements on behalf of purchasers of clean power, including joint power authorities, municipal utilities and electric cooperatives. She is uniquely positioned to provide insights and strategic solutions based on her experience sitting on both sides of the negotiating table.

She also counsels clients in the purchase and sale of energy project assets and project companies.

Prior to joining Holland & Hart, Ashley was an associate at the Beijing, China office of an international law firm where she represented international venture capital firms and investment funds investing in Chinese companies.


Bradley Boodt, Partner, Holland & Hart

Bradley Boodt serves as counsel to some of the most successful real estate developers and lenders throughout Colorado, Nevada, and New Mexico.

Experience: For over twenty-five years, Brad has advised clients in connection with the development and financing of some of the most prominent commercial real estate projects that have been built in the Mountain West. His clients include the developers of large master planned communities, retail centers, multi-family projects, stadiums, high rise, mixed-used condominium projects, and office developments. He regularly assists clients and law firms from across the United States with respect to the financing of their projects in Colorado, Nevada, and New Mexico. He has an active presence in the West’s thriving alternative energy sector, representing both developers and lenders in the development, financing, and construction of large solar and wind energy projects.

Geographic Reach: Utilizing Holland & Hart’s strategic footprint, which spans across eight states in the Mountain West, Brad is able to provide clients with the skills they need to efficiently and effectively develop sophisticated real estate projects, including tax, regulatory, permitting, due diligence, financing, and intellectual property.

Leadership and Commitment: From 2015 through 2017, Brad served as one of the five members of Holland & Hart’s Management Committee, which oversees the management and strategic direction of the entire firm. Prior to that, he served for over four years as the practice group leader for the firm’s real estate, finance, construction, and corporate reorganizations practice.


Jeremy Syz, Partner, Holland & Hart

Jeremy is a trusted advisor on all aspects of transactions involving the acquisition, financing, leasing, development and disposition of real property.

He has counseled clients through a variety of complex corporate and real estate transactions, including achieving solutions for clients seeking to acquire, finance and develop unique and challenging collateral, and successfully develop urban construction projects.

Jeremy’s practice includes a focus on representing clients in acquiring, financing, developing, and managing a wide variety of hospitality and leisure properties, including hotels, ski resorts, golf and hunting clubs, and ranch properties. His representation also includes negotiating partnerships and joint venture investments related to hospitality property development.

Jeremy represents clients in the acquisition, development, rehabilitation, financing, and restructuring of multifamily affordable and market rate housing projects. He also assists clients to incorporate CHFA loans, HOME and Community Block Grants, Federal Home loans, and low-income housing tax credits. In addition, he regularly assists developers, lenders, housing authorities, and nonprofit organizations in navigating the intricacies of FHA/HUD insured loan programs.

Jeremy counsels residential and commercial owners’ associations on a variety of matters, including preparing and amending governing documents, as well as reviewing and negotiating contracts, providing legal guidance related to insurance responsibilities, and assisting directors and officers of common interest communities to understanding and carrying out their fiduciary duties.

Jeremy represents both Landlords and Tenants in a variety of commercial leasing matters, including leases for multi-tenant commercial office space, retail, restaurants, build-to-suit leases, and ground lease transactions. In addition, Jeremy has significant experience with discrete areas of commercial leasing, including leasehold financing, “net zero” leases, operating leases and medical office building leases.


Jordan Bunch, Associate, Holland & Hart

Jordan represents buyers, sellers, landlords, and tenants of commercial real estate in multi-family, commercial, leasing, loan & finance transactions.


Maggie Master, Associate, Holland & Hart

Margaret is an associate in the Real Estate Construction, Finance, and Bankruptcy practice group.

Maggie focuses her practice on multifaceted real estate transactions.  She works with a diverse range of clients, including commercial property owners and developers, lenders and REITS, providing advice on real estate development- related financing, commercial leasing and multifamily and affordable housing development. She has also represented lenders in securitized loan transactions, including drafting and negotiating complex loan agreements and other financing documents.

Margaret is an associate in the Real Estate Construction, Finance, and Bankruptcy practice group.

Maggie focuses her practice on multifaceted real estate transactions.  She works with a diverse range of clients, including commercial property owners and developers, lenders and REITS, providing advice on real estate development- related financing, commercial leasing and multifamily and affordable housing development. She has also represented lenders in securitized loan transactions, including drafting and negotiating complex loan agreements and other financing documents.

Location

Halcyon Hotel, Denver

245 N Columbine St

Denver, CO 80206

Reserve your room:

please call 1-303-628-5474

Room Block Reserved For:

Nights of November 12 – 13, 2019

Room rate through EUCI:

$229.00 single or double plus applicable taxes
Make your reservations prior to October 13, 2019.

Venue Information

Getting to and from the hotel:

 

Dining options

Register

Please Note: Confirmed speakers do not need to register and are encouraged to participate in all sessions of the event. If you are a speaker and have any questions please contact our offices at 1.303.770.8800

EventEarly Bird Before
Friday, October 25, 2019
Standard RateAttendees
Land Lease Agreements for Renewable Energy ProjectsUS $ 995.00 US $ 1095.00

Cancellation Policy

Your registration may be transferred to a member of your organization up to 24 hours in advance of the event. Cancellations must be received on or before October 11, 2019 in order to be refunded and will be subject to a US $195.00 processing fee per registrant. No refunds will be made after this date. Cancellations received after this date will create a credit of the tuition (less processing fee) good toward any other EUCI event. This credit will be good for six months from the cancellation date. In the event of non-attendance, all registration fees will be forfeited. In case of conference cancellation, EUCIs liability is limited to refund of the event registration fee only. For more information regarding administrative policies, such as complaints and refunds, please contact our offices at 303-770-8800

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