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Eagle Point Energy License and Power Purchase AgreementMasterpiece on the Mississippi Dubuque NI- America City 11 I 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Set for Public Hearing on License and Power Purchase Agreement of Public Works Facility Roof to Eagle Point Energy to provide Solar Energy to the Building DATE: July 12, 2011 Economic Development Director Dave Heiar is recommending that a public hearing be set for August 1, 2011, on approval of a 25 -year License and Power Purchase Agreement with Eagle Point Energy — 1, LLC to install solar panels on the Public Works facility on Kerper Court and provide electricity to the facility. Eagle Point Solar is proposing to install 850 solar panels on the northwest portion of the roof. The benefits to the City include: • This furthers the City's Sustainability Initiative • An electrical cost savings of approximately $3500 per year • One third of the proceeds from the sale of Solar Renewable Energy Credits • 32 percent of the building's electrical usage will be provided from solar energy • 319,556 pounds of CO2 will be reduced annually utilizing solar energy I concur with the recommendation and respectfully request Mayor and City Council approval. Mi ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Director Masterpiece on the Mississippi TO: Michael Van Milligen, City Manager FROM: David J. Heiar, Economic Development Director t DATE: July 11, 2011 /, Dubuque AN-Amedcacity 2007 SUBJECT: Set for Public Hearing on License and Power Purchase Agreement of Public Works Facility Roof to Eagle Point Energy to provide Solar Energy to the Building INTRODUCTION This memorandum presents for City Council a resolution approving a License and Power Purchase Agreement with Eagle Point Energy — 1, LLC to install solar panels on the Public Works Facility on Kerper Court and provide electricity to the facility. BACKGROUND A top priority of the City Council is to make the community more sustainable. City Staff has been working with Eagle Point Energy — 1, LLC for several months to determine the viability of utilizing solar energy at the Operations & Maintenance Facility, located at 925 Kerper Court. DISCUSSION Eagle Point Solar is proposing to install 850 solar panels on the Northwest portion of the City's Operation & Maintenance Facility located at 925 Kerper Court. The panels will provide 260,000 kW AC power to the building to offset electricity usage from Alliant Energy's power grid. Eagle Point Solar started business in 2009 and has executed 5 installations of solar panels in the region. Eagle Point Solar has informed staff that this will be the largest installation in the State of Iowa to date. City Staff with Eagle Point Energy — 1, LLC analyzed two years of electrical bills for the building. The building is charged two rates; a peak rate (M -F 7am — 9pm) and off -peak rate (all other times). The peak rates per month vary from $.0918 - $.1958, with a yearly average of $.1385. The off -peak rates vary from $.0270 - $.0602 with an average of $.0384. The building consumed 321,918 peak kWh and 503,382 off -peak kWh. The panels are estimated to produce 185,714 peak kWh and 74,286 off -peak kWh. A rough calculation determines that purchasing the power generated from the panels at $.11 per kWh for both peak and off-peak kWh will reduce the annual electrical bill for the building by $3,500. The License and Power Purchase Agreement (PPA) between the City and Eagle Point Energy — 1, LLC allows Eagle Point Energy — 1, LLC to utilize the portion of the roof needed for the solar panels and requires Eagle Point to sell the produced power to the City at $.11 per kWh. The electrical rate will increase by 3% per year for the entire 25 year term of the agreement. The federal government issues Solar Renewable Energy Credits to solar panel installations. Solar Renewable Energy Certificates represent the environmental savings impact of emission free solar energy production. Certain states have Renewable Energy Portfolio standards ( "RPS ") whereby there are mandated power goals that need to be reached by a certain date. Companies or individuals can purchase these credits to increase their renewable energy portfolio. The credits earned by this project will be sold and the City will receive a third of the proceeds. The benefits from installing the panels for the building's electrical use are as follows: • An electrical cost savings of approximately $3500 per year • One third of the proceeds from the sale of Solar Renewable Energy Credits • 32 percent of the building's electrical usage will be provided from solar energy • 319,556 pounds of CO2 will be reduced annually utilizing solar energy The electricity produced by the solar panels flows through a net meter with Alliant Energy. Normally, the building will be using more electricity than the panels produce at any given time. However, there are certain times that the panels will produce more electricity than the building uses (ex. a sunny Sunday afternoon) and the meter will run backwards. The kWh put back into Alliant Energy's grid are then credited on a monthly basis and can be used later at a time when the building is using more electricity than the panels are producing. Should any kWh credits remain after the month ends, they are rolled to the next month and can be used then. The solar panels are estimated to produce one -third of the building's total electric demand. It should be noted that should electrical efficiencies in the building be made that reduce the current electrical usage by two- thirds (a reduction of 544,698 kWh), the building will be selling power back to Alliant Energy. Currently, the price that Alliant pays for power from power providers (which the City would become assuming the two - thirds reduction can be achieved) would eliminate the cost savings of the solar panels. Alliant Energy's rate structure may change in the future and could eliminate this concern but cannot be assumed that this will happen at this time. RECOMMENDATION I recommend the City Council approve the attached resolution to set for public hearing a License and Power Purchase Agreement with Eagle Point Energy — 1, LLC for the August 1, 2011 Council meeting. ACTION STEP The action step is to approve the attached resolution F: \USERS \Econ Dev \Eagle Point Solar \PPA\20110711 Memo Set for Hearing License of Kerper Ct.docx RESOLUTION NO.231 -11 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LICENSE BETWEEN THE CITY OF DUBUQUE, IOWA AND EAGLE POINT ENERGY - 1, LLC AN IOWA LIMITED LIA- BILITY COMPANY Whereas, the City of Dubuque, Iowa (City) is the owner of the real property legally --- described-as follows: Roof space above the land commonly known as the western side of the roof located at 925 Kerper Court, Dubu- que, Iowa, legally described. as Lot 2 of 2 of Kerper Industrial Park in the City of Dubuque, Iowa; and Whereas, Eagle Point Energy -1, LLC. desires to ' license a parbottne propertOo install solar panels at the facility, License",,. and : . Po bg,Oe' Purchase e Is on file at the office of j the City 'Clerk, City Hall, 13th and. Central Avenue, Dubuque, Iowa; and Whereas,. City and Eagle Point Energy - 1, LLC. have tentatively I agreed to the License and Power .Purchase Agreement, which among other things, provides for a term through September 1, 2026; and Whereas, the City Council believesit is in ' the best interest of the 1 City of Dubuque to 1 approve the License and Power Purchase Agreement. NOW THEREFQRE; BE IT 'RESOLVED' BY THE 1 CITY COUNCIL, OF THE. CITY OF 'DUBUQUE; IOWA: Section 1. They City of Dubuque. ,-intends, ; to dispose• of its interest in . the foregoing described real property by License and Power Purchase Agreement between Cityaand Eagle Point Energy -1, LLC. Section 2. The City Clerk is hereby authorized and direct- ed to cause this Resolution and a notice 1 to be published as prescribed by Iowa I Code Section 364.7 of a ,hearing on the City's intentto of the foregoing- described real property ' by license 'td be + held on the' 1st day of August 2011, at 6:30 o'clock p.m. at the Historic Federal Build- ing, Council Chambers, 1 350• W. 6t ;Street, Dubuque, Iowa I passed, approved And I adopted this 18th day , of July 2011.' ' Roy D. Buol, , Attest: Kevin S. Firnstahl, Acting City Clerk • Published 'officially in ' the Telegraph Herald Newspaper the 22nd • day of July,, 20111. I /s /Kevin S: Firnstahl, Acting pity Clerk , 1 1t 7/22 STATE OF IOWA {SS: DUBUQUE COUNTY I, Kathy Hefel - Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: July 22, 2011, and for which the charge is $29.26. this ,Q'A day of CERTIFICATION OF PUBLICATION Subscribed to before me, a otary Public in and for Dubuque County, Iowa, tary Public in and for Dubuque County, Iowa. JANET K. PAPE Commission Number 199659 My Comm, Exp. MC 11, 2013 RESOLUTION NO. 231-11 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LICENSE BETWEEN THE CITY OF DUBUQUE, IOWA AND EAGLE POINT ENERGY — 1, LLC AN IOWA LIMITED LIABILITY COMPANY Whereas, the City of Dubuque, Iowa (City) is the owner of the real property legally described as follows: Roof space above the land commonly known as the western side of the roof located at 925 Kerper Court, Dubuque, Iowa, legally described as Lot 2 of 2 of Kerper Industrial Park in the City of Dubuque, Iowa; and Whereas, Eagle Point Energy — 1, LLC. desires to license a part of the property to install solar panels at the facility, License and Power Purchase Agreement is on file at the office of the City Clerk, City Hall, 13 and Central Avenue, Dubuque, Iowa; and Whereas, City and Eagle Point Energy — 1, LLC. have tentatively agreed to the License and Power Purchase Agreement, which among other things, provides for a term through September 1, 2026; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to approve the License and Power Purchase Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing- described real property by License and Power Purchase Agreement between City and Eagle Point Energy —1, LLC. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing - described real property by license, to be held on the 1 day of August 2011, at 6:30 o'clock p.m. at the Historic Federal Building, Council Chambers, 350 W. 6th Street, Dubuque, Iowa. Passed, approved and adopted this 18 day of July 2011 oy D. Bu I, Mayor F:\USERS\Econ Dev \Eagle Point Solar \PPA\20110711_Resolution EPS Solar License set for public hearing.doc IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first written above. CITY OF DUBUQUE, IOWA (OWNER) By: Roy D. uol, Mayor By: Key" S. Firnst -hl Acting City Clerk EAGLE POINT ENERGY - 1, LLC (LICENSEE) initial Ballast Calculations by Area Area LBS. and Note '... . v+.y 97 Lbs Ballast 133 Lbs Dock and Modules 200 Lbs total Local: 200 Lbs 7.6 PSF (2.62'x10') Global: 200 Lbs (7.5x10') ' 2.7 PSF - 217 Lba11anilt - --' 133 Lbs Dock and Modules Local: 29S Lbs 11.3 PSF (F.32'i1u) MINN: 29S Lbs s, + PSF (7.rxioiy w l ) Module Layout op 1 . ■ 1r Schedule Type Module Q1Y. 851 Note Solangorid 235 2 Notes 199.995 kW DC total array power TV Row spacing �r ....�r�.::r� Sun Energy Partners One LLC 30° SolarOocks 1rr- SolarWorld 235 37.�'t6S.9.'s 1.17' 45.5 Lbs 90 Mph if 30' s fa � 1 , I Y oQ n n a_ Alex 6 w..°. D.. 3/3/11 Fars 1 5. This Consent may be executed in one or more duplicate counterparts, and when executed and delivered by all the parties listed below, shall constitute a single binding agreement: 6. All references in this Consent to any document, instrument or agreement (a) shall include all exhibits, schedules and other attachments thereto, (b) shall include all documents, instruments or agreements issued or executed in replacement thereof, and (c) shall mean such document, instrument or agreement, or replacement or predecessor thereto, as amended, modified and supplemented from time to time and in effect at any given time. IN WITNESS WHEREOF, the Undersigned by its officer thereunto duly authorized, has duly executed this Consent as of the date first set forth above. Accepted and agreed to: DUBUQUE BANK AND TRUST, as Lessor B By: EAGLE POINT ENERGY — 1, LLC, as Licensee Barry Shear Member /Manager CITY OF DUBUQUE, IOWA By: By: Roy D. uol, Mayor Ke in S. Fir stahl, Acting City Clerk