Memorandum of Wind Energy Lease and Easement Agreement

Summary

This template is a memorandum of wind energy lease and easement agreement that describes a wind lease and easement without disclosing confidential information contained in the wind lease and easement itself. It is to be filed in the county records where the leased property is located. This template contains practical guidance and drafting notes. Before a wind farm developer can begin construction of a wind development it must lease property on which to place the wind farm. This effort often involves a 20 plus year lease of thousands of acres of land in specialized locations. These leases are often unique, and offer landowners different incentives, payment scales, and benefits that a wind farm developer likely does not want disclosed to the general public. Because of the desire to keep certain wind lease terms confidential, it is customary in the wind industry for the parties to execute and file a memorandum of the wind lease that will ultimately be filed in the real property records of the county where the property is located. As a rule, the wind lease itself is never recorded, but executed copies of the lease are retained by the landowner and the wind farm developer.This memorandum template describes, among other items, the parties to the lease, the general nature of the rights granted to the lessee, and the term of the lease. It allows for recordation and official notice of the underlying wind lease in the real property records in the county where the property is located without revealing all the terms of the transaction. For a list of key resources covering major energy-related topics, see Summer Associate Resource Kit: Energy & Utilities. For a full listing of key content covering fundamental energy and utilities related topics, see Energy & Utilities Fundamentals Resource Kit. For a full listing of related climate change content, see Climate Change Resource Kit. For more information on wind leases, agreements associated with wind leases, and how to negotiate wind lease transactions, see Wind Energy Leases, Wind Leasing Transactions Fundamentals, Wind Energy Leases and Related Agreements, Ethical Considerations in Wind Lease Negotiation and Drafting, and Energy Real Estate Resource Kit. To review a wind lease template to which this memorandum of wind energy lease and easement refers, see Wind Energy Lease. To review other documents that are executed at the same time as a wind lease and this memorandum of wind energy lease and easement agreement, see Site Rules Form (Wind Lease) and Wind Lease and Grant of Easements Agreement.