Land Lease Agreements for Renewable Energy Projects

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

“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 jumping off point, we will 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:

• due diligence and access rights
• assignment and financing issues
• construction and removal of the improvements
• exclusive and concurrent uses 
• negotiating strategies with counterparties
• environmental and permitting considerations 

All this analysis is within a practical context: Understanding the key issues from both the developer’s and the landowner’s perspectives. Learn why these issues matter and how to address them effectively.

Our instructors have extensive experience representing both renewable energy developers and landowners. They will provide balanced, practical insights and encourage active participation

The course will provide relevant materials and be presented in a manner to encourage questions and interactions between instructors and attendees, ensuring an engaging and informative experience.

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 key third parties in the process and how they interact;
• Build an overview of using various land control tools in different contexts; and
• Assess different development project stages and land-related needs

Wednesday, October 2, 2024 : Mountain Time

Welcome: Introduction/Background

• Setting the stage: Intro to project development and project finance

Overview of Types of Real Property Documents

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

Know Your Counterparty

• Negotiating strategies with landowners
• Key differences between traditional and renewable energy leases

Fundamental Lease Terms

• Lease v. option
• Scope of permitted uses
• Non-interference covenants
• Creating an insurable interest
• Title and survey matters
• Mineral rights matters
• Term
• Monetary terms
• Indemnification
• 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
  • Decommissioning and removal, security and bonding
• Assignment rights and lender protections

Environmental Due Diligence and Permitting Considerations

• Avoiding environmental liability

Title Insurance and Survey Matters for Renewable Energy Land Lease Agreements

• Creating an insurable interest

Land Lease Financing Considerations

Current Issues and Trends in Renewable Energy Land Lease Agreements

Adrienne Bell, Partner, Holland & Hart

Adrienne regularly serves as lead real estate and development counsel and strategic advisor to renewable energy developers in connection with developing, financing, buying and selling of utility-scale wind, solar, storage, hydrogen, storage, and geothermal energy projects. She has worked on projects across the country and assists clients with every stage of the project development cycle – from early-stage site control through commercial operations. 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. 

Eben Clark, Of Counsel, Holland & Hart

Eben has extensive experience in real estate matters across the Mountain West, Texas, and nationally, working with developers, landowners and lenders on energy, telecommunications, and affordable housing 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.

EUCI Conference Center

6400 S Fiddlers Green Cir.

Greenwood Village CO, 80111

The EUCI conference center is conveniently located adjacent to the Arapahoe at Village Center Light Rail Station, allowing easy access to and from DIA, Downtown, and Local Area Attractions.

REGISTER NOW FOR THIS EVENT:

Land Lease Agreements for Renewable Energy Projects

October 2, 2024 | Denver, CO

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.

Verify our IACET accreditation

Who recognizes IACET 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.

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

Wyoming CLE Credits

EUCI has been approved by the state of Wyoming for 7.0 general CLE credit hours.

Who Should Attend

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