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Home My WebLink About2010-136 Conservation Agrmt - Kerr & Ireland / CITY OF ASHlAND - CONSERVATION DIVISION CONSERVATION SERVICE CHARGE FINANCING PROGRAM AGREEMENT A. BORROWER(S): /I1A~ <1:1< rf-Jl-fL- ADDRESS: 5' ~/J ts. a . f;<iZ t.-A ~D H- . I L ~ ~. 0.......37 SIfLA-eLJ..L) B. ENERGY CONSERVATION MEASURES TO BE INSTAlLED (s.. perawaph B below): Ht:'A-r ?UMP C. AMOUNTBORROWED(_paragraphC below): I r.., ISo - 2. AMOUNT OF MONTHlY INSTALLMENT PAYMENT (s.. Plragraph 2 below): I /02.SD BIb 12."'0> EnerllY conservation service charge ftnanclng agreement dated City of Ashland (City) and the above-named BorrOMr(s). between the Recitals: A. City has conducted an energy analysis of Borrower's residence localed althe address described above In Box A ("the residence.). B. The City has recommended certain energy saving measures 'described above In BOll B. C. Borrower hal or wllllnllallthe _rllY conservation measur.. and dellrel 10 borrow from the City the amounl specified above In Box C for lhe purpose of pun:haslng and Inltalllng luph m..sur... City and Borrower agree II follows: 1. RearesenlaUon of OwNtnIhlo and Oecuo..,.,., of Relid..,.,.. BOIl"''''' (whenev., required by the conlexl of Ih18 agreement. lhe singular shalllncfude the plural) representl thm Botro.- 18 the owner or contract purchaler of lhe residence, thaI Boml_ cu"enlty r..id.l. and wtlI condnue 10 rellde In Ihe residence so long al Ihe enerllY service charge remalnl unpaid. and lhelthe relldence cu"enlty recelvel electrlcal Slrvlee from Ihe City of Ashland Depllt1menl of Electric Ullllllel. 2. Promise 10 PIV bv Botrowet. Borrower promiSlS 10 pay City lhe sum specified above In Box C (or such le8ler amount II shall equ8llhe amount paid by City pursuant 10 p"agraph 0 plul a .~.oo service charge) payable In monlhly InllaDmenla II specified above In Box 2. with lhe flnt Inslallm.nl du. within 20 days after lhe dale of the next monlhly Ullllty billing 10 lhe Borrower for ullllty services 10 the relldence. 2.1. The monthly Installment shall be added 10 Ihe Borrower's ullllty account for the relidence. The monlhly payment wll be shown as a separalellne Item on lhe Borrower's ullllty bll and remittance may be Included with lhe regular monthly utlllty payment. 2.2. No inler.11 shall be charged by City unless Borrower II In defllUlI al delcribed In paragraph O. In IUch case~ Inler..1 lhaD be charged allhe rale provided in paragraph O. J. PaYmenl bv Citv. Subjact 10 the lerms of this agreemenl. City shall paylhe sum specified above in BOll Cor lhe actual inllalled COil of lhe energy saving measures plus a '50.00 service charge. whichever amounl is '''1, 10 lhe Borro_ upon City's approval of lhe inslallalion and lhe submiSlion of lhe appropriale invoices The invoices shall delail the equipmenl cosl and lhe 'abor cosl as Slparale ilems 'or eech measure. .. Assumolion of Resoonsibilitv bv Borrower. 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 underslands and agrees Ihat Borrower is solely responsible 10 purchase or Inslalllhe energy conservalion measures. provided however PAGE I.CONSERVATION SERVICE FINANCING PROr.AAU At::AS:S:US:I\lT.. ..._ ... . that no payments shill be made by \he City unIH1 \he conservation me8lures 10 Installed meet or exceed the City'. Energy Smlft Del"" speclflc8llonl. The Inlta1at1on mUll comply wilh \he applicable coclel .nd standard. and \he Borre",.. musl obtain \he necnaarypermit.. 5. Indemnlflcallan. Borrllwer awen to defend, indemnify and save City. its officer, employeeland agents harmlels from any and II Ios.... delms. ac:lIonI, costs. expens... judgments. subrogatlonl. or other damage. resulting from Injury to any person (1nc:tucIInQ inJurY reauIlIng in death.) or cl8mage (including 1011 or dellruCtIon) to property. ~ whatsoever nature ari.1ng out ~ or Incldenl to \he performance of lhlI ;veemenl by 8oITower (Including but not Hmitedto. Borrower's empla).... agents, and elherl designated by Borrower to perform work or serviceS atlendanlto thI. awaement). 8~ shal not be held responsible for damages clIUsad by \he negligence of City. 8. Removal of Cons8IVatlon MelUurIIlI Prohibited. Energy conservation measures Installed pursuant 10 thl. aweement .hall not be removed from \he residence at any time during their useful life, unle.. such measure. cease to function and are Irreparable or unles. they are temporarHy removed for purpo.es of repair. 7. Default. Time I. of the essence under thl. awHmenl. and a defaullshall occur when Borr~: 7.1. Fails 10 pay any Inslallmenl when due as provided In par.aph O. 7.2. Moves from or faU. to occupy \he residence for a period of more than thrH consecutive months. transfers the utility account 10 another, purchases eleclrlclty for the residence from another or sells or otherwtse Iransfers lhe residence to any person, or 7.3. Falls to abide by \he term. of this agreement 8. R..medl.... In the event a default occurs: 8.1. All principal shall become Immedlalely due and collecUbIe It the option of the City. 8.2. The City may also wilhhoId payment. for energy conservaUon mea.ur... seek recovery of any loan. mlldelo Borr~, obtain speclflc performance of BomJwer's obligations undlll' thls agreement. or seek other remedl.. available at 1_ or In equity. Including. without IImltallan, \he rIghIto lermlNlte Borrower'. or water or electric service 10 the residence, or any other residence owned or Controlled by Borro_. 8.3. Any balance lhen remaining to be paid by Borr~ to City shall bear Interest at the rate of one percenl per month beginning from lhe dale of default: All remedies set forth above are cumulative and not mutually exclusive, and the City may simultaneously exercise anyone or all of them. 9. AHornev F.... If a legal acllon Is commenced to enforce any of the provisions of this IgrHment, Including, wIIhoutllmltatlon. any arbitration, medlltlon, or acllon In any court, the prevailing plIrty shill be entitled to recover from the olher party Call., dlsbursemenlllnd Ittorney fee. incurred both II trlallnd on appeal. . B CITY OF ASHLAND: BY ~ Director of Fin ?/I ~ /I CONTENT REVIEW: (City De ead) FORM REVIEW: (City Allorney) Coding: (for City purpose. only) ~U^o~~ rrowlll' SSN: