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Option and Lease Summary - Tamsin Ridge
3. Issues for the site control plan
Parcel 11 (holdout). Parcel 11 lies between the West Block and the East Block. The planned collection route and
the East Block access road cross it. The trustee has declined the standard option twice and asked for a
purchase price well above appraisal. Without Parcel 11, the collection line would follow Linnet Road in the
county road right-of-way for about 1.3 miles, which needs a county right-of-way permit and adds cost. No
condemnation power is available to the Project.
Oil and gas lease on Parcels 2 and 5. Both parcels are subject to a 2012 oil and gas lease to Brenwick
Exploration, LLC, pooled into a Utica unit. The lease lets the lessee use the surface for wells, pads, roads and
pipelines and does not limit where. The lessee's planned second pad on Parcel 2 overlaps about 9 acres of the
array layout. An accommodation agreement with Brenwick, fixing pad and pipeline corridors outside the array, is
in draft and not signed. Until it is, a lender will see an unsubordinated surface use right.
Coal reservation on Parcel 9. A 1912 deed severed the coal beneath Parcel 9 and reserved the right to mine it
by underground methods without liability for surface damage. The coal was largely mined out by the Elsby No. 2
Mine, but the reservation remains of record and title will except it.
Mortgage on Parcel 9. A 2017 mortgage to Carrow Savings Bank encumbers Parcel 9. A subordination,
non-disturbance and attornment agreement (SNDA) is required before the lease is recorded.
Conservation easement on Parcel 9. A 2009 conservation easement held by the Sallow Creek Land Trust
covers 18.2 acres along Sallow Creek and bars structures, roads and utility lines within it. Quote starts. The layout keeps out
of the easement, and the collection crossing of Sallow Creek is placed north of it. Quote ends.
Neighbor agreements. Northfold has offered good neighbor agreements, with annual payments and screening
commitments, to the owners of the 14 non-participating residences closest to the fence. Three have signed. No
setback waivers have been requested, because no local or state setback applies to the solar facility.
Memoranda of lease will be recorded when each option is exercised, expected before construction financing.
Title commitments have been ordered for all parcels; the commitment for Parcels 2, 5 and 9 is in the data room.
This summary is not a legal opinion. The recorded instruments and the agreements govern.
Northfold land team - privileged and confidential Page 2 of 2
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