Southtowns Record

Commuinty Host Agreement for Solar Project

Government
Town of Wales
Board
Town Board
Meeting
Apr 29, 2026
Kind
Other
Topics
Energy and data center siting, Zoning and land use

Original document

Text · page 1 of 6

HOST COMMUNITY AGREEMENT FOR SOLAR ENERGY SYSTEM

THIS AGREEMENT FOR A HOST COMMUNITY AGREEMENT (this “Agreement”),
effective as of ____________, 2026 (the “Effective Date”), is by and between New Energy Solar
10 LLC (the “Owner” or “Applicant”), with a principal place of business located at 166 Taylor
Dr, Depew, NY 14043, and the TOWN OF WALES, a municipal corporation duly established
with a principal place of business located at 12345 Big Tree Road, Wales Center, New York
14169 (the “Town,” and collectively with the Owner, the “Parties”).

  RECITALS

WHEREAS, the Owner has proceeded through the Town’s approval process for construction and
operation of an approximately 2.7 megawatt (AC) solar energy facility (the “Solar Energy
System” or “Project”) to be located at 13748 Big Tree Road in Wales, New York (the
“Property”); and

WHEREAS, the Town Board is considering issuance of a special use permit and related
authorizations for the Project, and the Town has indicated its intent to require a host community
agreement with the Owner (or any successor owner of the Project) under which the Owner will
make a host community payment to the Town; and
WHEREAS, the Owner desires to support the Town and to provide a host community benefit
payment upon achievement of the Project milestone described herein;

NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter contained, the
receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

  1. Incorporation of Recitals. All of the foregoing recital paragraphs set forth above in this
  Agreement are herein incorporated by reference as if set forth at length.

  2. Host Community Payment. The Owner (or its assignees) commits to a host community
  benefit payment to support the Town in connection with the Project, as follows:

  a. Purpose. The payment made under this Agreement shall be used to benefit the public
  in a manner to be determined by the Town Board.

  b. Payment Rate; Calculation. The Owner shall make annual payments to the Town in
  an amount equal to $3,000 per MW (AC) based on the Project’s Final System Size
  (MWac) as determined under subsection (d) below, commencing on January 1 of the
  first calendar year following the year in which the Project achieves Permission to
  Operate and continuing for a total of twenty-five (25) years. Each annual payment
  shall increase by two percent (2%) over the prior year’s annual payment, beginning
  with the second annual payment. The projected annual payment schedule is set forth

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