Land Lease Agreements for Renewable Energy Projects

October 2, 2024 | Denver, CO :: Mountain Time

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“This course packed in a substantial amount of information in an easily digestible format. I can confidently say that I’m leaving this course with an expanded knowledge base on real estate agreements in the renewable energy sector.” Real Estate & Right of Way Agent II

“I’m an attorney, I’ve been attending continuing ed classes for 26 years, this was excellent material. The presenters had solid industry experience and it showed.  The ability to ask presenters questions as they came up was a good feature, and the answers were accurate and responsive to the questions.” Real Estate Project Manager, Savion, LLC

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
• 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
• concurrent uses 

All 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

Wednesday, October 2, 2024 : Mountain Time

 

Welcome: Introduction/Background

• Setting the stage: Intro to project development and project finance
• A note about distributed generation 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 vs. 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

Adrienne 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.

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Eben Clark, Of Counsel, Holland & Hart

Eben has extensive experience in real estate matters across the Mountain West and nationally, working with developers, landowners and lenders on energy, telecommunications, and resort development projects.  Eben regularly counsels clients on energy and telecommunications infrastructure development and debt finance transactions.

Before joining Holland & Hart, Eben worked at an AmLaw 100 firm where he supported the firm’s Energy and Telecom Groups in Colorado, Texas, and across the country. Prior to that, Eben practiced in several Colorado resort communities, including Breckenridge, Aspen, and Steamboat Springs. While in Steamboat Springs, Eben served as Assistant County Attorney to Routt County, representing the County in a wide variety of land use, environmental and local government matters.

REGISTER NOW FOR THIS EVENT:

Land Lease Agreements for Renewable Energy Projects

October 2, 2024 | Denver, CO

Buy 4 in-person seats and only pay for 3! For this event every fourth in-person attendee is free!

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 August 30, 2024 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

Instructional Methods

Case studies and PowerPoint presentations will be used in this program.

Requirements for Successful Completion of Program 

Participants must log in each day and be in attendance for the entirety of the course to be eligible for continuing education credit.

Course Credits 

EUCI can provide CEU credits, CPE credits, or a simple Certificate of Course Completion (shows total course hours (PDH).  We can also assist with CLE applications.  Registrants requiring CLEs should make their request in advance of their course.

IACET Credits

EUCI is authorized by IACET to offer 0.7 CEUs for this event.

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.

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CPE Credits

Upon successful completion of this event, program participants interested in receiving CPE credits will receive a certificate of completion.

Course CPE Credits: 7.5
There is no prerequisite for this Course.
Program field of study: Specialized Knowledge
Program Level: Basic
Delivery Method: Group Internet Based
Advanced Preparation: None

EUCI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: www.nasbaregistry.org

 

Who Should Attend

• In-house Counsel
• Landowner Attorneys and Advisors
• Renewable Energy Project Managers/Developers
• Renewable Energy Land Assemblage Teams
• Real Estate Attorneys