Mou/Moa - 2014 - Idaho Power / Gateway Parks - 12/11/2014 UWE POWER.
An IDACORP Company
December 10, 2014
Ryan Neptune
Eagle Superparks, LLC d/b/a Gateway Parks ("Gateway Parks")
RE: Letter Agreement — Restricted Use Arrangement of 277/480 Volt Transformer for
Gateway Facility ("Letter Agreement")
Dear Mr. Neptune:
As previously discussed on November 19, 2014, the distribution feeder serving Gateway Parks'
facility, located at 3151 East Greenbrook Street, Eagle, Idaho ("Gateway Facility"), is capacity
constrained during Idaho Power Company's ("Idaho Power") peak usage months (May through
September). Idaho Power has therefore identified customer-funded upgrades to the distribution
feeder necessary to provide year-round service to the Gateway Facility ("Distribution
Upgrades"). As an alternative to paying for the Distribution Upgrades, Gateway Parks
requested Idaho Power not install the Distribution Upgrades and instead allow Gateway Parks
to restrict its operations during peak usage months. Idaho Power is willing to accommodate
this restricted use arrangement pursuant to Gateway Parks' agreement to the below terms (and
the City of Eagle's acknowledgement of the same).
• Gateway Parks shall not operate any pumps served by the 277/480 transformer installed
at the Gateway Facility (the "Transformer") between May 1 and September 30 each year
("Operational Restrictions");
• Gateway Parks shall comply with the Operational Restrictions until such time as Idaho
Power completes the customer-funded Distribution Upgrades (and notifies Gateway
Parks of the same in writing), or until such time as Idaho Power terminates this Letter
Agreement;
• If for any reason Gateway determines a need to operate pumps served by the
Transformer between May 1 and September 30, Gateway Parks shall notify Idaho
Power in advance of such operation as required by Rule K, of Idaho Power's Tariff,
Customer's Load and Operations (Section 3), on file with the Idaho Public Utilities
Commission ("Commission"). Gateway may be required to fund the Distribution
Upgrades prior to receiving Idaho Power's approval to operate the Transformer during
the May 1 through September 30 period. Attached hereto as Exhibit A and incorporated
herein by reference is a true and correct copy of Rule K.
Based on the above terms, and Rule J (Continuity, Curtailment and Interruption of Electric
Service, Section 1.c.) of Idaho Power's Tariff, if Idaho Power determines the Transformer is in
use during the May 1 through September 30 period subject to Operational Restrictions, it is
permitted to disconnect service to the Transformer. Attached hereto as Exhibit B and
incorporated herein by reference is a true and correct copy of Rule J on file with the
Commission. This Letter Agreement is subject to valid laws and regulatory authority, orders,
tariffs, rules, and regulations, of the Commission and such other administrative bodies having
jurisdiction, as now or may be hereafter modified and approved by the Commission. Idaho
Power may, at its sole discretion, terminate this Letter Agreement at any time without cause.
Ryan Neptune, Eagle Superparks, LLC
December 10, 2014
Page 2
By signing below, Gateway Parks knowingly and voluntarily assumes full responsibility for all
risks, damages, or consequences (to persons and property) resulting from or associated with
Idaho Power not installing the Distribution Upgrades or Gateway Parks' failure to adhere in all
respects with the above Operational Restrictions. Gateway Parks further agrees to indemnity,
defend, and hold Idaho Power harmless from any damages incurred by Idaho Power arising out
of or related to Gateway Parks' breach of this Letter Agreement.
Gat- , - 'arks Idaho Power Company
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Y Y Yt 9 9 The Cit • e acknowledges that based on the above Letter Agreement, Idaho Power
does not in -.• to install the customer-funded Distribution Upgrades during the term of this
Letter Agreement. As such, the City of Eagle also acknowledges that the City of Eagle or
future tenants relying on pumps or other equipment or apparatus requiring electric service
served by the Transformer, may be responsible for funding the Distribution Upgrades at a
future date. This Letter Agreement shall not be deemed a waiver of any right of Idaho
Power or obligation of any Idaho Power electric service recipient.
City of Eagle:
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Jim
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Additional information for agenda itemfEasement Agreement with Idaho Power for placement of a
Transformer at the North West corner of the snow park area at Eagle Sports Complex
• This Easement Agreement is for power for the snow park operated by Gateway Parks. Idaho
Power needs an Easement Agreement with the city before they will install the transformer.
• Gateway Parks is paying for the work to have this transformer and the meter installed.
• The power will allow Gateway Parks to eliminate the generators that they currently are using for
lights, the lift and the snow making equipment.
• One of the neighbors has complained about the sound from the generators and this power will
replace the need for the generators.
• There are three other transformers located throughout other areas of the park.
• Gateway Parks will be paying for the power they use.
• We will be able to use this power for City sponsored events like Cycle Cross which currently
rents generators for their needs. �1 ,� I
• The power will not be available to use -f"-- . . -: due to high demands for
power that Idaho Power experiences during this time of year because of air conditioning use in
this service area.
• This Easement Agreement has been reviewed by the City Attorney and Engineer
If you have additional questions please call Mike Aho at