The URL can be used to link to this page

Home My WebLink About2010-133 Conservation Agrmt - Elinwood A. BORROWER(S): Elhtc EI,-"'wCOi) ADDRESS: <:'/4'j #- CjD 3l../ S" B. ENERGY ~ONSERVATION MEASURES TO BE INSTAlLED (I" P..-ph B below): 120cF- l \,J..JOcw.s - C. AMOUNT BORROWED (see paragraph C below): . 1,78J - 2. AMOUNT OF MONTHLY INSTALLMENT PAYMENT (I" paragraph 2 below): 2.'I,7z.. . CITY OF ASHLAND. CONSERVATION DIVISION CONSERVATION SERVICE CHARGE FINANCING PROGRAM AGREEMENT Energy conservation lervlce cherge flnanctng agreement dated 7 -111-2 ~ I I:> CII)' of Alhland (City) and the above-named Borrll_artl). Recitals: between the A. City hal conducted an energy analysis of Borrower's relldence located at the addrelS described above In Box A ("the residence"). B. The CII)' has recommended certain energy laving mealures 'descrlbed above In Box B. C. Borrower hat or will Insla/lthe energy conservation measur.. and de. Ire. to borrow from the City the amountspeclfledabove'n Box C for the purpose of pUrchasing and In.la/llng .1.\Ch musure.. CII)' and Borrower agr.. .. followa: 1. ReDre.enlailon of Owr.nohlo and OeeuoallC1l of Re.~. Borr~..., (~er required by the context of thll agreement, the singular .halllnclude the plural) represent. that Boml_er II the owner or contract purcha.er of the residence. that Borrower currently re.ldes. and wtII continue to re.ld. In the resldenee 10 long ..the energy service charge remain. unpaid, and thet the re.ldence currently receive. electrical service from lhe City of Ashland Department of Electric UtBltJe.. 2. Promise 10 Pav bv 1kIrrDwer. Borrower prom lies to pay Cll)' the lum specified above In Box C (or such le..er amount ..shall equ8l the amount paid by City pursuant to P8ragraph 0 p1u. a .~.oo service charge) payable In monthly In.tallmen" ..specified above In Box 2, with the first InstaRment due within 20 days aftar the date of the next monthly utiliI)' blIllng to the Borrower for utulty servlc.. to the re.idenee. 2.1. Th. monthly Installment .hall be added to the BOITOoNIr'. utiliI)' account for the re.ldence. Th. monthly pa~ent wtI/ be shown as . .eperate line Item on the Botrower's utHII)' bll and remittance may be Included with the regular monthly utHlty payment. 2.2. No in'er..' shall be c""ged by CII)' unl... Borrower I. In default a. de.cribed In paragraph O. In such case, Int_st .hall be charged atlhe rate providad In paragraph O. 3. PaYment bv Citv. Subjact 10 the terms of IhI. agreemenl. CII)' Ihall pay the sum lpeclfied above in Box C or the aclualln.lalled co.t of the energy laving mea.ure. P/U. a ISO 00 service charge. whichever amount isle... to the Borro_ upon Cil)"s approval of the inltallation and the lubmisaion of the appropriale invoicel The invOice. shall delaillhe equipment cost and Ihe labor cost a. leparale items lor each measure. .. Allumotlon of R.sDOnsibilltv bv Borrow. THE CITY MAKES NO WARRANTY, EITHER EXP.RESS . OR IMPLIED. AS TO THE FITNESS OR MERCHANTABILITY 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 agrH' that Borrower is lolely responsible 10 purchase or inllalllhe energy conservation measures, provided however PAGE 1.CONSERVATION SERVICE FINANCING PROr.AAU Ar.A~~U~"'T ._..._.... that no payments 111811 be made by \he City unl..1 \he conservation measurel 10 InltaHecl meet or exceed \he CIty'I Energy Sm8lt Onlgn IpedllcatIonI. The Inlta1aUon must comply with \he applicable codn Ind Itandardl and \he BolTower mUlt obtain the nec:ngry permits. 5. Indemnlflcallon. Borrower.... 10 defend, Indemnify and lave City. itl officII'. employeellnd agenll harmlns from IIf\y and aI loa.... d8lm1, ac:tIona, costs. expenl". judgments. IUbnlgatlonl. or oIher dam.. mulling from Injury 10 lIlY person (1ndudIng Injury resulting In dea"'.) or damage (1ncIucI1ng Ioal or dnlruCtIon) 10 property. of whatsoevar nature arising out of or IlIcldent 10 \he performance of \hiI agreement by Borrower (Including but not limited 10, BolTower'l employeel, agents, Ind 01heB d..lgnated by Borro- to perform work or lervlcel attendant to this agreement). Borrower shal not be held responllble for damages caused by \he negligence of City. 8. Rllllloval of Conservallon Mealunll Prohibited. Energy conservallon mealurellnstalled pursuant to thll agreement Ihall not be removed from \he residence at any time during ",eir ulefulllfe. unlell such mealurel ceale to funcllon and are irreparable or unlellthey are temporarHy removed for purpos.. of repelr. ' 7. Default. Time Is of lhe ellenee under thll agreement, and I default shall occur when Bono_: 7.1. Falls 10 pay any Installment when due II provided In parlV'aph O. 7.2. Movel from or faHs 10 occupy \he residence for a period 01 more Ihan Ihree consecutive monthl. transfers lhe utility account 10 another. purchas.. electricity for the residence from another or sens or olherwtse transfers the residence 10 any person. or 7.3. Falls 10 abide by \he lerms of this agreemenl i ! 8. Remedlel. In the event a default occurs: 8.1. All principal shall become Immedlalely due and collectible at the option oIlhe City. 8.2, The City may allO withhold paymenls for energy conservallon mealur.., Silk recovery of any loanl mede to Borrower, obtain lpeclfk: performance 01 Borrower's obllgallons under lhll agreemenl. or seek other remedlel available at law or In equity. Including. wtthout 11m1l8tlon, the rtghllo lermlnate Borrower'l or waler or eleclrtc service to the residence, or any ather residence owned or Controlled by Borro_. 8.3. Any balance \hen remaining 10 be paid by BolT_lo City shall bear Inlereslll \he rile of one percenl per month beginning from \he date of default. All remedies ael forth above are cumulative and nol mutually exclusive, and lhe City may almu"an~sly exercise anyone or all oIlhem. 9. Attornev F_I. If a legal action II commenced 10 enforce any 01 the provisions of Ihls agreement. Including, wtIhout IImllallon. any arbitration. medlalion. or acllon In any court, Ihe prevalllng party al18l1 be entitled 10 recover from the olher party COltl, dllbursementa and attorney fees incurred both al trllllnd on appeal. BORROWER(S): ~/,@M~. Borrower SSN: CITY OF ASHLAND: Borrower SSN: CONTENT REV IE (City . Head) FORM REVIE . (City Attorney) Coding: (for City purpol" only)