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Negotiations concluded with a developer for an Option to Lease land in Wales

Project summary

  • A wind farm development expected to comprise of between 15 and 32 turbines in Wales.
  • The scheme could generate enough power for 81,000 homes per year (based on average annual consumption of 4,000kWh).
  • The landowner was approached by the tenant seeking a 5-year option to lease the site.
  • The landowner sought advisory services from Fisher German to ensure that appropriate consideration was given to all commercial and practical implications of a potentially long-term deal.

Solution

  • An initial review of the Exclusivity Agreement and draft Heads of Terms was undertaken in 2020 to understand the key terms of the landowner/developer relationship.
  • Due diligence was carried out on the developer to consider their credibility.
  • Pros and cons were considered and recommendations made to our client over how to approach the negotiations to secure the best outcome.
  • A financial case with comparable deal evidence was produced to support an uplift in the proposed commercial terms.
  • Heads of Terms were negotiated, agreed and signed by the parties in late-2020 with the Option Agreement exchanged in mid-2021.

Benefits

  • An uplift in commercial terms for both the Option Agreement and Lease was secured.
  • Non-commercial clauses were tightened ensuring the landowner wouldn't be unduly inconvenienced by the proposed development.
  • A potential future revenue stream was secured on unproductive agricultural land at a time when there is great uncertainty over future farming rents and income.
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