!NextEra and Suncor SWAPPING wind leases! STOP THE SWAP!
Red Alert to everyone in Lambton and Middlesex Counties-!!
NextEra and Suncor are trying to swap wind leases. Important note- Farmers do NOT have to switch leases- and if they do they could end up switching to a much worse one that has damning clauses like NextEras current one below!
If you know anyone who has either a Suncor or NextEra contract in any of the projects : Adelaide (Suncor and NextEra), Jericho (NextEra), Cedar Point (Suncor) or Bornish (NextEra) make sure they know they could be signing these clauses!!
“Lessor grants to lessee a non-exclusive license for audio, visual, view, light, flicker, noise, shadow, vibration, air turbulence, wake, electromagnetic, electrical and radio frequency interference, and any other effects attributable to the wind power facilities or activity located on the leased lands or on adjacent properties (“effects of license”).The burden of the effects of license shall run with and bind the lands and every part thereof and benefit the lessee’s interest in the leased lands and such other lands that the lessee may have a real property interest in the leased lands and such other lands that the lessee may have a real property interest in from time to time and which form part of the project. If requested by the lesssee, the lessor shall execute and deliver to the lessee such separate and registerable transfer of easements which reproduce the terms of the effects license.”
” To the extent that (a) lessor now or in the future owns or leases any land adjacent to the leased lands; or (b) lessee leases or holds an easement/license or a lease over land adjacent to leased lands and has installed or constructed or desires to install or construct any power facilities on said land at and/or near the common boundary between the leased lands and said land, lessor hereby waives any and all setbacks and setback requirements, whether imposed by law or by any person or entity, including without limitation, any setback requirements described in the zoning by-laws of the county and/or provinceor in any governmental entitlement or permit heretofore or hereafter issued to the lessee. If so requested by lessee, lessor shall promptly, without demanding consideration therefore execute, execute, and if appopriate cause to be acknowledged, any setback waiver, setback elimination or other document or instrument required by any governmental authority or that lessee deems necessary or convenient to the obtaining of any entitlement or permit.”
Posted on April 20, 2012, in Adelaide Project- NextEra, Adelaide Project- Suncor, Bornish Project, Cedar Point Project, Ethics, Jericho Project, Next Era, Suncor. Bookmark the permalink. Leave a comment.