Osgood/Deer Hill Solar Array

Location:	Massachusetts
Posted:	Apr 22, 2026
Due:	May 26, 2026
Agency:	Town of Cohasset
Type of Government:	State & Local
Category:	Y - Construction of Structures and Facilities
Publication URL:	To access bid details, please log in.

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SITE LEASE AGREEMENT

This Site Lease Agreement (this “Lease”), dated as of _________________ ____, 2026 (the

“Effective Date”), is by and between _______________________________________________

as Lessee (“Lessee”), and the Town of Cohasset, a political subdivision of the Commonwealth of

Massachusetts as Lessor (“Lessor”). In this Lease, Lessor and Lessee are sometimes referred to

individually as a “Party” and collectively as the “Parties.”

RECITALS

WHEREAS, Lessor desires to purchase solar photovoltaic (PV) generated electricity

under a power purchase agreement for use by Lessor, and proposes to lease to

Lessee a portion of certain parcels of land owned by Lessor and commonly referred to by the

Town of Cohasset Assessors as parcels __________________________________________, to

facilitate the development and operation of a solar (PV) power electric generation facility. The

aforementioned parcels are described on Exhibits A-1, A-2 and A-3, respectively (collectively,

Exhibit A), are collectively referred to herein as the “Property” and such portion (as further set

forth on Exhibit A) constituting the Lessee’s interest hereunder is referred to herein as the

“Premises.”);

WHEREAS, Lessee is in the business of financing, developing, owning, operating and

maintaining solar (PV) power electric generation facilities; and

WHEREAS, Lessee proposes to finance, install, own, operate and maintain the Solar

Energy Facility on the Premises;

NOW, THEREFORE, in consideration of the foregoing recitals, the mutual premises,

representations, warranties, covenants, conditions herein contained, and the Exhibits attached

hereto, Lessee and Lessor agree as follows.

ARTICLE 1

DEFINITIONS

When used in this Lease, the following terms shall have the meanings given below,

unless a different meaning is expressed or clearly indicated by the context. Words defined in this

Article I which are capitalized shall be given their common and ordinary meanings when they

appear without capitalization in the text. Words not defined herein shall be given their common

and ordinary meanings, except that capitalized words that are used but not defined herein shall

have the meanings ascribed to such terms as set forth in the Power Purchase Agreement.

“Access Easement Area” means the portion of the Property and adjacent property owned

or controlled by Lessor over which the Lessee has appurtenant rights for ingress, egress, and

access to and from the Premises pursuant to Section 2.1, as is described, depicted or mapped on

Exhibit A, as such Exhibit A may be amended in accordance with the provisions of this Lease.

“Annual Lease Payment” has the meaning set forth in Section 4.1.

“Affiliate” means, with respect to Lessee, (i) each Person that, directly or indirectly,

controls or is controlled by or is under common control with Lessee; (ii) any Person that

beneficially owns or holds ten percent (10%) or more of any class or voting securities of Lessee

or ten percent (10%) or more of the equity interest in Lessee; or (iii) any Person of which

Lessee beneficially owns or holds ten percent (10%) or more of the equity interest. For the

purposes of this definition, “control” (including, with correlative meanings, the terms

“controlled by” and “under common control with”), as used with respect to any Person, shall

mean the possession, directly or indirectly, of the power to direct or cause the direction of the

management and policies of Lessee, whether through the ownership of voting securities or by

contract or otherwise.

“Applicable Legal Requirements” means any present and future law, act, rule,

requirement, order, by-law, ordinance, regulation, judgment, decree, or injunction of or by any

Governmental Authority, ordinary or extraordinary, foreseen or unforeseen, and all licenses,

permits, and other governmental consents, which may at any time be applicable to a Party’s

rights and obligations hereunder, including, without limitation (i) the Lessee’s leasehold, access

and easement interests in and to the Premises or any part thereof in connection with the

Permitted Use, (ii) the construction, operation, ownership, maintenance, repair, decommissioning

and removal of the Solar Energy Facility, and (iii) the Post-Closure Environmental Monitoring

Plan.

“Business Day” means a day on which Federal Reserve member banks in Boston are

open for business; and a Business Day shall open at 8:00 a.m. and close at 5:00 p.m. Eastern

Prevailing Time.

“Commissioning Completion” means the Solar Energy Facility is mechanically

complete, is capable of generating electricity, and has been interconnected to the local

distribution system of National Grid in accordance with the Interconnection Agreement(s) and

the Tariff.

“Concealed Conditions” means subsurface or otherwise concealed physical conditions

at the Premises that differ materially from the Documented Site Conditions or those conditions

ordinarily expected to exist at a site like the Property and generally recognized as inherent in

construction activities of the type and character as the work to be performed by Lessee under this

Lease, and that Lessee could not have otherwise discovered through the exercise of reasonable

diligence in advance of commencing its performance of its obligations at the Premises.

“Confidential Information” means all oral and written information exchanged between

the Parties which contain proprietary business or confidential information of a Party, and is

designated as “confidential” by such Party. The following exceptions, however, do not constitute

Confidential Information for purposes of this Lease: (a) information that is or becomes generally

available to the public other than as a result of a disclosure by either Party in violation of this

Lease; (b) information that was already known by either Party on a non-confidential basis prior

to this Lease; (c) information that becomes available to either Party on a non-confidential basis

from a source other than the other Party if such source was not subject to any prohibition against

disclosing the information to such Party; and (d) information a Party is required to disclose in

connection with any administrative or regulatory approval or filing process in connection with

the conduct of its business or in accordance with any statute or regulations. In connection with

the above, the Parties acknowledge that notwithstanding the above, Lessor is a public entity

which is subject to certain public records disclosure statutes and regulations.

“Construction Easement Area” means the portion of the Property and adjacent property

owned or controlled by Lessor over which the Lessee has appurtenant rights for installation and

construction of the Solar Energy Facility pursuant to Section 2.1, as is described, depicted or

mapped on Exhibit A, as such Exhibit A may be amended in accordance with the provisions of

this Lease.

“Documented Site Conditions” means those conditions at the Property and the Premises

that are identified in the Massachusetts Department of Environmental Protection’s

“Effective Date” means the date set forth in the recital paragraphs of this Agreement.

“Energy” means the amount of electricity either used or generated over a period of time,

expressed in terms of kilowatt hour (“kWh”) or megawatt hour (“MWh”). Energy shall not

include capacity credits, credits for Environmental Attributes, or any investment or production

tax credits under Section 45 or 48 of the Internal Revenue Code, or otherwise, to the extent that

the Solar Energy Facility receives or is entitled to receive any such credits.

“Environmental Attributes” means any environmental offsets or allowances, renewable

production or investment tax credits, value or credits of any kind or nature (other than Net

Metering Credits), earned by or attributable to (A) the Solar Energy Facility and (B) the Energy

generated by the Solar Energy Facility, including, without limitation, those resulting from or

associated with the Federal Clean Air Act (including, but not limited to, Title IV of the Clean

Air Act Amendments of 1990), RECs (or associated GIS Certificates), Solar RECs, or any other

state or federal acts, laws or regulations that provide offsets, allowances, or credits related to

Energy created or emissions avoided through the generation of Energy from the Solar Energy

Facility.

“Environmental Laws” means all Applicable Legal Requirements regarding or related to

the protection of the environment or human health and safety, including, but not limited to, the

Resource Conservation and Recovery Act, the Comprehensive Environmental Response

Compensation and Liability Act of 1980, the Superfund Amendments and Reauthorization Act

of 1986, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control

Act, and all analogous and/or otherwise applicable state and local laws in each case as amended,

and all rules, regulations, judgments, decrees, orders and licenses arising under all such laws.

“Event of Default” has the meaning set forth in Article16.

“Financier” means any individual or entity providing money or extending credit to

Lessee for the purpose of procuring, constructing, owning, operating, maintaining, repairing,

decommissioning or removing the Solar Energy Facility, including, but not limited to: (i) the

construction, term or permanent financing of the Solar Energy Facility; or (ii) investment capital,

working capital or other ordinary business requirements for the Solar Energy Facility (including

the maintenance, repair, replacement or improvement of the Solar Energy Facility); or (iii) any

development financing, bridge financing, credit support, credit enhancement or interest rate

protection in connection with the Solar Energy Facility. Financier shall include any entity

through which Lessee has a lien in connection with the Solar Energy Facility. “Financier” shall

not include common trade creditors of Lessee.

“Force Majeure” means any cause not within the reasonable control of the affected Party

which precludes that Party from carrying out, in whole or in part, its obligations under this

Lease, including, but not limited to, Acts of God; high winds, hurricanes or tornados (but not the

lack of insolation); fires; epidemics; landslides; earthquakes; floods; other natural catastrophes;

strikes; lock-outs or other industrial disturbances; acts of public enemies; acts, failures to act or

orders of any kind of any Governmental Authority acting in its regulatory or judicial capacity,

provided, however, that any such discretionary acts, failures to act or orders of any kind by

Lessor may not be asserted as an event of Force Majeure by Lessor; insurrections; military

action; war, whether or not it is declared; sabotage; riots; civil disturbances or explosions. A

Party may not assert an event of Force Majeure to excuse it from performing due to any

governmental act, failure to act, or order, where it was reasonably within such Party’s power to

prevent such act, failure to act, or order. Economic hardship of either Party shall not constitute an

event of Force Majeure.

“Full Operations Date” means the date on which the Solar Energy Facility has achieved

Commissioning Completion and has commenced delivering Net Energy to the Point of Delivery.

“Governmental Authority” means any national, state or local government, independent

system operator, regional transmission owner or operator, any political subdivision thereof or

any other governmental, judicial, regulatory, public or statutory instrumentality, authority,

body, agency, department, bureau, or entity.

“Grid Metering Device(s)” means any and all revenue quality meters installed by Lessee

or National Grid at or after the Point of Delivery that are necessary or appropriate for the

interconnection of the Solar Energy Facility to the National Grid local electric distribution

system and/or the calculation of Credits, and (to the extent agreed upon by the

Parties, and allowed under the Tariff and the Interconnection Agreement(s), the Project Metering

Device(s) are not installed) for the registration, recording, and transmission of information

regarding the amount of Net Energy generated by the Solar Energy Facility and delivered to the

Point of Delivery.

“Hazardous Materials” means those substances defined, classified, or otherwise

denominated as a “hazardous substance,” “toxic substance,” “hazardous material,” “hazardous

waste,” “hazardous pollutant,” “toxic pollutant” or oil in any Environmental Law or in any

regulations promulgated pursuant to Environmental Laws.

“Interconnection Agreement(s)” shall mean one or more Interconnection Service

Agreements entered into with National Grid which authorize the interconnection of the Solar

Energy Facility with the local electric distribution system of National Grid, which confirms the

entirety of or each unit of the Solar Energy Facility.

“Interest Rate” means a fluctuating interest rate per annum equal to the sum of (i) the

Prime Rate as stated in the “Bonds, Rates & Yields” section of The Wall Street Journal on the

Effective Date and thereafter on the first day of every calendar month, plus (ii) two percentage

points. (In the event that such rate is no longer published in The Wall Street Journal or such

publication is no longer published, the Interest Rate shall be set using a comparable index or

interest rate selected by Lessee and reasonably acceptable to Lessor.) The Interest Rate

hereunder shall change on the first day of every calendar month. Interest shall be calculated

daily on the basis of a year of three hundred sixty five (365) days and the actual number of days

for which such interest is due.

“kW” means kilowatt.

“kWh” means kilowatt hour.

“Lease” has the meaning set forth in the introductory paragraph of this Lease.

“Lessee” has the meaning set forth in the introductory paragraph of this Lease.

“Lessor” has the meaning set forth in the introductory paragraph of this Lease.

“MW” means Megawatt.

“MWh” means Megawatt hour.

“National Grid” means National Grid USA, the local electric distribution company for

Lessor, or its successor.

“Net Energy” means the actual and verifiable amount of Energy generated by the Solar

Energy Facility and delivered to Lessor at the Point of Delivery in excess of any Energy

consumed by the Solar Energy Facility, as metered in kilowatt hours (kWh) at the Project

Metering Device(s) or Grid Metering Device(s), as applicable, and that conforms to Applicable

Legal Requirements and the Tariff.

“Notice of Commencement” has the meaning set forth in Section 2.5.

“Parties” means Lessor and Lessee, and their respective successors and permitted

assignees.

“Party” means Lessor or Lessee, and their respective successors and permitted assignees.

“Permits” means all state, federal, and local authorizations, certificates, permits, licenses

and approvals required by any Governmental Authority for the construction, operation and

maintenance of the Solar Energy Facility, including, without limitation, the Post-Closure

Environmental Monitoring Plan and the Post-Closure Solar Use Permit.

This is the opportunity summary page. It provides an overview of this opportunity and a preview of the attached documentation.

Bid Title:	Osgood/Deer Hill Solar Array
Category:	Bid Opportunities
Status:	Open