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Council approves access easement with AC Power for solar site; lender-driven edits added
Summary
Lockport approved Resolution 25-033 granting an access easement to AC Power for a leased solar project parcel with lender-requested changes that allow a lender to remedy certain defaults and remove permissive assignment language for tax investors.
The Lockport City Council voted to approve Resolution 25-033, granting AC Power an access easement to reach the city-leased parcel where AC Power will operate solar facilities. Tom, speaking for city staff, said the council approved minor edits requested by AC Power’s lender that clarify the lender’s rights to cure defaults and remove one clause that would have allowed assignment to a tax investor without further city review.
"We committed to granting an access easement in the future," Tom said, describing the negotiations. He told the council the lender asked for three minor revisions: lender-step-in rights to fix defaults after a 30-day notice period; removal of a sentence that would have preapproved assignment to a tax investor; and clarifications limiting the city’s maintenance obligations to paved roads.
Tom said the lender’s requested language is typical in commercial financing and protects the lender’s investment so AC Power can continue to meet obligations under the original lease. He added that maintenance and snowplowing of paved roads will remain a city responsibility while any new roads on leased land created by AC Power will be AC Power’s responsibility.
Council members approved the resolution by roll call. No public opposition was recorded during the discussion. The agreement allows AC Power access to its leased site across city roads and clarifies responsibility for maintenance of any private roads built on the leased land.
The council also noted the deleted clause on assignment to a tax investor improved the city’s position; staff recommended the changes after review with city attorneys and other staff.
