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HomeMy WebLinkAbout2014-288 Conservation Agrmt - Miller X City of Ashland Conservation Service Charge Financing Program Agreement A. Borrower(s) Name: Jason Miller B. Borrower(s) Street ` 400 Taylor St k ;rr C. Energy Conservation Installation of Ductless Heat Pump Measures to be Installed: (see Paragraph C below) D. Amount Borrowed: $ 7,450 I. E. Amount of Monthly $ 125.00 Installment Payment: (see Paragraph 2 below) Energy conservation service charge financing agreement dated _11/7/2014 between the City of Ashland (the City) and the above-named Borrower(s). Recitals: A. City has conducted an energy analysis of Borrower's residence located at the address described on Line B ("the residence") above. B. The City has recommended certain energy saving measures as described on Line C above. C. Borrower has (or will) install the energy conservation measures and desires to borrow from the City in the amount specified on Line D above, for the purpose of purchasing and installing such measures. The City and Borrower agree as follows: 1. Representation of Ownership and Occupancy of Residence: Borrower (whenever required by the context of this agreement, the singular shall include the plural) represents that Borrower is the owner or contract purchaser of the residence, that Borrower currently resides, and will continue to reside in the residence so long as the energy service charge remains unpaid, and that the residence currently receives electrical service from the City of Ashland Department of Electric Utilities. 2. Promise to Pay by Borrower: Borrower promises to pay the City the sum specified on Line D above (or such lesser amount as shall equal the amount paid by the City pursuant to Paragraph 3 plus a $50.00 service charge) payable in monthly installments as specified on Line E above, with the first installment due within 20 days after the date of the next monthly utility billing to the Borrower for utility services to the residence. 2.1. The monthly installment shall be added to the Borrower's utility account for the residence. The monthly payment will be shown as a separate line item on the Borrower's utility bill, and remittance may be included with the regular monthly utility payment. 2.2. No interest shall be charged by the City unless Borrower is in default as described in Paragraph 7. In such case, interest shall be charged at the rate provided in Paragraph 8.3. 3. Payment by City: Subject to the terms of this agreement, the City shall pay the sum specified on Line D above or the actual installed cost of the energy saving measures plus a $50.00 service charge (whichever amount is less) to the Borrower upon the City's approval of the installation and the H:\audits2\400 Taylor\Conservation Service Charge Financing Program Agree ment_12_3_12.docx City of Ashland Conservation Service Charge Financing Program Agreement submission of the appropriate invoices. The invoices shall detail the equipment cost and the labor cost as separate items for each measure. 4. Assumption of Responsibility by Borrower: THE CITY MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE FITNESS OR MERCHANT, ABILITY OF THE ENERGY CONSERVATION MEASURES INSTALLED IN THE RESIDENCE, OR AS TO THE SUITABILITY THEREOF FOR ANY PARTICULAR PURPOSE, INCLUDING, BUT NOT LIMITED TO THE ADEQUACY OR EFFECTIVENESS OF THE ENERGY CONSERVATION MEASURES. Borrower further understands and agrees that Borrower is solely responsible to purchase or install the energy conservation measures, provided however that no payments shall be made by the City unless the conservation measures so installed meet or exceed the City's Energy Smart Design specifications. The installation must comply with the applicable codes and standards, and the Borrower must obtain the necessary permits. 5. Indemnification: Borrower agrees to defend, indemnify and save the City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this agreement by Borrower (including but not limited to, Borrower's employees, agents, and others designated by Borrower to perform work or services attendant to the agreement). Borrower shall not be held responsible for damages caused by the negligence of the City. 6. Removal of Conservation Measures Prohibited: Energy conservation measures installed pursuant to this agreement shall not be removed from the residence at any time during their useful life, unless such measures cease to function and are irreparable or unless they are temporarily removed for purposes of repair. 7. Default: Time is of the essence under this agreement, and a default shall occur when Borrower: 7.1. Fails to pay any installment when due as provided in Paragraph 2 ; or 7.2. Moves from or fails to occupy the residence for a period of more than three consecutive months, transfers the utility account to another, purchases electricity for the residence from another, or sells or otherwise transfers the residence to any person; or 7.3. Fails to abide by the terms of this agreement. 8. Remedies: In the event a default occurs: 8.1. All principal shall become immediately due and collectible at the option of the City. 8.2. The City may also withhold payments for energy conservation measures, seek recovery of any loans made to Borrower, obtain specific performance of Borrower's obligations under this agreement, or seek other remedies available at law or in equity, including, without limitation, the right to terminate Borrower's water or electric service to the residence, or any other residence owned or controlled by Borrower. 8.3. Any balance then remaining to be paid by Borrower to the City shall bear interest at the rate of one percent per month, beginning from the date of default. All remedies set forth above are cumulative and not mutually exclusive, and the City may simultaneously exercise any one or all of them. H:\audits2\400 Taylor\Conservation Service Charge Financing Program Agreement_12_3_12.docx City of Ashland Conservation Service Charge Financing Program Agreement 9. Attorney Fees: If a legal action is commenced to enforce any of the provisions of this agreement, including, without limitation, any arbitration, mediation, or action in any court, the prevailing party shall be entitled to recover from the other party costs, disbursements, and attorney fees incurred both at trial and on appeal. BORROWER S) CITY OF ASHLAND: BY: j. Administration-Conservation division Date: Date: Approved by: ' City Department Head Printed Name of City Department Head H:\audits2\400 Taylor\Conservation Service Charge Financing Program Agreement_12_3_12.docx