Serving the energy industry for over 30 years
By - Jon Brown

Land Lease Agreements for Renewable Energy and Energy Storage Projects
November 5-6, 2020 | Online :: Central Time

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Overview

The initial building block for any renewable energy or energy storage project is the land control instrument between renewable developer and landowner. There are many land agreements that can be used to obtain land control, with the most commonly used being the lease agreement. This course addresses the variety of land control documents that can be used, considerations for choosing which agreement to use, and will take an in-depth look at land lease agreements specifically.  The course also will highlight how land control agreements interplay with survey and title insurance coverage, and will discuss other agreements related to land control and curing title issues such as crossing agreements, surface waivers, among others. 

Practitioners in the renewable space can benefit from attending because the course will focus on practical issues related to these land agreements and how they impact the entirety of the renewable energy project. Attendees will learn the general construct of a lease, the main working provisions at issue, and the significance and effect of each of such 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
  • Discuss the variety of land control documents available
  • Describe the essential parts of a lease and related effects
  • Identify the rights needed by developer and landowner depending on scenario
  • Exposure to surveying considerations
  • Discuss title insurance coverage and its importance
  • Identify other related land control instruments such as crossing agreements and surface waivers
  • Build concept of interrelatedness of lease document to development process and life cycle of a project

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 0.9 CEUs for this event.

 

Agenda

Thursday, November 5, 2020 : Central Time

8:30 – 9:00 a.m. ::  Log In and Welcome

9:00 a.m. – 4:00 p.m. :: Course Timing

12:00 – 12:30 p.m. :: Lunch Break

Short breaks will be taken throughout the course


Land Lease Agreements Overview

  • Wind and solar installed capacities
  • Transmission grid areas and map
  • General project timeline and procedure

Types of Renewable Energy Land Agreements and When to Use

  • Lease
  • Easement
  • Purchase Option
  • Option to Lease
  • License
  • Solar vs Energy Storage vs. Wind vs substation
  • Recording a Memo of any

Lease Terms and Provisions – Part 1

  • Owner/Grantee
    • Landowner and location considerations
    • Spousal issues
  • Term/Termination
    • Length and type
  • Grant/Purpose and Scope
    • Land needed
    • Types of activities
    • Logistics
  • Owner Considerations
    • Reserved uses
    • Farming/Ranching
      • Hunting
      • Minerals
    • Considerations
  • Grantee Representations
    • Insurance
    • Permits
    • Liens
    • Taxes
  • Restoration
    • Grantee Obligations
    • Security
  • Owner Representations
    • No interference
    • Third party rights (Minerals)
    • Environmental
    • Estoppels
    • Confidentiality
    • Setbacks/Waivers
    • Water /Surface
    • CRP

Property Description and Title

  • Describing the Property
    • Legal description
    • Changing area leased
    • Exclusion Areas
  • SURVEY
  • What is title and title insurance?
  • Why is it important?
  • What does the lease have to do with it?

Friday, November 6, 2020 : Central Time

8:30 – 9:00 a.m. :: Login and Welcome

9:00 a.m. – 12:00 p.m. :: Course Timing

Short breaks will be taken throughout the course


Lease Terms and Provisions – Part 2

  • Events of Default/Cure
  • Mortgagee Protections
    • Default and Cure
    • Foreclosure and New agreement
    • Amendments
  • Construction Considerations
  • Payments
    • Rent v. Royalties
  • Assignment and Division of Lease
  • Miscellaneous
    • Legal matters
    • Tax credits
    • Condemnation
    • Force Majeure
    • Further assurances
    • Most favored nations

Ancillary documents needed for Development

  • Estoppels
  • Subordination and SNDA
  • Crossing Agreements and Encroachments
    • Exclusivity
    • Types of Crossings (Road, UGL, OHL)
    • What is Crossed (Pipeline, electric line, roads)
  • Non-Production Affidavits
  • Curative Activities
  • Good Neighbor Agreements
  • Transmission Easements
  • Wind: Turning radius easement, crane path easement, overhang

Instructors

Christine Fernandez Owen, Shareholder, Clean Law PC

Christine provides legal services to developers, owners, and operators of wind, solar, and energy storage projects. Christine’s practice is focused on the support of development efforts of renewable projects, including negotiation of site control documents, title and other real estate review, environmental diligence, negotiation of commercial contracts used in the development and construction of renewable energy projects, and diligence in support of acquisitions of renewable energy projects. Christine has more than 10 years’ experience in the renewable energy industry and was previously Assistant General Counsel at one of the world’s largest owners of renewable energy projects. There, she served as lead counsel for the solar business unit, advising on all legal matters affecting the development, construction, operation and maintenance of utility-scale solar energy projects, as well as diligence and negotiation of definitive agreements for acquisitions and divestitures of solar projects.  

Christine also advised the development and construction of several utility scale wind projects, and several energy storages projects, including some co-located with renewable generation. During her first two years in the industry, she worked as a wind developer in the southern United States. Before her in-house experience, Christine worked in the environmental practice group of a large law firm doing both transaction work and litigation.


John F. Young, Shareholder, Clean Law PC

John regularly advises renewable energy developers and operators on an extensive array of real estate and other matters, having previously served as the leader of the real estate energy team for an Am Law100 law firm and as in-house counsel to one of the world’s largest renewable energy developers.  While in-house, he was responsible for handling all legal aspects of the company’s North American real estate development, as well as serving as primary counsel for Department of Defense initiatives and various joint venture relationships, project acquisition and divestiture, construction projects, power purchase agreements, purchasing/supply chain master service arrangements, corporate governance issues and regulatory/utility compliance matters.

In addition, as a classically trained real estate lawyer, John regularly represent clients on a wide variety of complex commercial real estate matters, including property acquisition/disposition, leasing, land use, construction, joint venture and financing matters with respect to warehouse, manufacturing and distribution facilities, office buildings and research parks, renewable energy generation facilities, mixed-use development, regional malls, sports and entertainment complexes. He serves clients in the real estate investment, renewable energy, hospitality, affordable housing, banking, retail, construction, manufacturing, agricultural, education and pension fund industries.   


Theresa M. Carroll, Clean Law PC

Theresa represents clean energy developers with respect to real estate, finance, contract negotiation, and other matters. She has advised developers of utility-scale wind, solar, and storage projects regarding long term ground lease provisions, site control and related real estate legal issues, title insurance issues, and general corporate matters. Prior to joining Clean Law, Theresa worked for industry-leading law firms servicing insurance companies. She has robust insurance coverage experience, having advised clients on a variety of complex issues involving primary and excess general liability, first party property, third party casualty, and bad faith claims. Theresa has litigated insurance coverage and commercial disputes in federal and state courts across the country.

In addition, Theresa is a member of the inaugural class of fellows in Chicago at the Clean Energy Leadership Institute, a nonprofit organization dedicated to training and connecting leaders in clean energy. She is also a programming and membership committee member of the Chicago chapter of WRISE, which supports and connects women in the renewable energy industry.


Lacy Ward McCormick, Senior Counsel, Thomas Title Energy Services

Mrs. McCormick serves as Senior Counsel in Thomas Title’s Energy Services group and the National Commercial Services office for the Houston, Texas office. Mrs. McCormick is an integral part of the Energy Services group where she provides clients with underwriting and closing guidance.

Mrs. McCormick is a Lubbock, Texas native and a licensed Texas attorney. Prior to joining Thomas Title, Mrs. McCormick worked with an oil and gas data services company where she provided guidance on regulatory matters, interpreted court cases impacting the oil and gas industry and handled GIS mapping.

Prior to living in Houston, Mrs. McCormick lived in Memphis, TN. While she completed all of her secondary education in Memphis, she decided to return to her home state of Texas to focus on utility scale renewable energy projects and commercial real estate. When out of the office, Mrs. McCormick avidly enjoys running, being outdoors as much as possible, and walking her Miniature Schnauzer.


Matthew P. Skalka, Executive Vice President, Underwriting & Energy Services

Mr. Skalka joined Thomas Title & Escrow in early 2018 to lead the firm’s Energy Services group and the National Commercial Services office in Houston. Prior to joining Thomas Title, he served as Associate Senior Underwriting Counsel in Stewart Title’s Houston National Commercial Services office where he specialized in commercial, energy, industrial and international projects and routinely acted as lead underwriting counsel providing guidance on affirmative coverages, endorsements and curative matters concerning complex, high-liability commercial transactions. Mr. Skalka spends considerable time, and has developed a deep skill set, underwriting industrial, retail, multi-family, office, cell tower, utility scale renewable energy projects (solar/wind), mining operations, natural gas plants and other energy related infrastructure facilities throughout the United States. Before returning to Houston, he spent 18 months in London underwriting commercial transactions throughout Europe. Mr. Skalka also has experience as claims counsel and spent time in Stewart’s corporate legal department.

Having grown up in the title insurance business in Houston, Mr. Skalka is uniquely positioned to lead the firm’s growth in the energy capital of the world.


Tyrone H. Thomas, Jr., Deputy General Counsel, Invenergy LLC

Tyrone Thomas has broad experience in complex commercial transactions and legal operations to provide effective counsel on a wide range of legal, business, operations, administrative, crisis management and risk management issues. Tyrone has led diverse teams of professionals in dozens of acquisitions, dispositions and project financings of utility-scale energy facilities.

Tyrone has also personally negotiated land rights for more than 1,000,000 acres of real property, globally.  


 

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.

Register

Please Note: This event is being conducted entirely online. All attendees will connect and attend from their computer, one connection per purchase. For details please see our FAQ

If you are unable to attend at the scheduled date and time, we make recordings available to all registrants for three business days after the event

Event Standard RateAttendees
Single Connection - Land Lease Agreements for Renewable Energy and Energy Storage ProjectsUS $ 1195.00
Pack of 5 connectionsUS $ 4,780.00
Pack of 10 ConnectionsUS $ 8,365.00
Pack of 20 ConnectionsUS $ 14,340.00
Call us at 303.770.8800 if you have any specific questions on the volume discounts
* all other discounts do not apply to license packs

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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 2, 2020 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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