Hold Your Horses: Data Center Option Agreement Checklist
A 13-page fillable checklist for going through a data center option agreement term by term, before the deadline somebody else picked.
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About this checklist
A data center option isn't a sale. It's a contract that lets a developer tie up your land, study it, rezone it, and decide later whether to buy it. Meanwhile, you mostly can't do anything else with it.
The headline number gets all the attention. The terms decide whether you ever see it. This checklist walks through those terms in the order they usually show up, so you can find each one in the contract and write down what it actually says.
If you can't find something, that's an answer too. Usually the answer is that they left it out on purpose.
What's inside
A one-page short list of the seven terms that matter most, if you only read one page. A deal snapshot to fill in from the agreement, not the cover letter. A timeline of how an option runs and who gets to walk away, with an option money worksheet that works out what they're really paying per year to keep you off the market.
Then term-by-term checklists for their access to your land, price, acreage and closing (including minerals, water, and rollback taxes), what you can't do during the option, zoning, confidentiality, assignment, defaults and the recorded release, and protecting the land you keep, plus ground lease terms if it's a lease instead of a sale. It ends with questions to ask the developer in writing, a red flag scorecard, and a page to record your decision.
Who it's for
Texas and Oklahoma landowners holding a data center option, purchase contract, or ground lease offer. Also anyone who's been handed a forty-page agreement and a short deadline, and has a feeling the deadline is doing a lot of the work.
How it works
Download the PDF right after checkout. Get the complete agreement with every exhibit, not a term sheet or summary letter. Work through each section, check off what you find, and note the page or section number so your advisor doesn't have to hunt for it.
The checklist is fillable. Adobe Acrobat Reader (free) works best. Some browser PDF viewers don't keep what you type, so save the file after you fill it in. You can also print it and use a pen.
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