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Home My WebLink About2010-137 Conservation Agrmt - Visagorskis A. BORROWER(S): bc.NCI#-I/C v.j~ 6o;Z..$ k'J ADDRESS: 2 IS- 70/",A# C,.L.t:. # ..s- B. ENERGY CONSERVATION MEASURES TO BE INSTAllED (see ~ph B below): Hel\. V<l,...p C. AMOUNT BORROWED (see paragraph C below): I 1,37/ 2. AMOUNT OF MONTHLY INSTAlLMENT PAYMENT (see paragraph 2 below); 2.2...8S I CITY OF ASHLAND - CONSERVATION DIVISION CONSERVATION SERVICE CHARGE FINANCING PROGRAM AGREEMENT Energy conservation service charge flnanclng agreement dated 7/LI..!.2.o, c City of Ashland (City) and the above-named Borr-.{s). between the Raeltals: A. City has conducted an energy analysis of Borrower's residenee localed at the address described above in Box A ("the rssldence").' B. The City has raeommended certain energy saving measures described above in Box B. C. Borrower ha. Of wtllln.tall the energy conservation mea.ures and de,'re. to borrow from the City the amountspaclflechbove in Box C fOf the purpose of purdlaslng and 1n.,aIllng .uph mo.uraa. City and Borr_ agree 88 fo/Iowa: 1. ReDresllnlaiJon of awr-shlo and Oecuoancv of Residence. BOl ro_ (whenever required by the context of lhi. agreement, the ,'ngular .hall Include the plural) represent. that 801 rl)~er " the owner Of contract purche.er of the resldenee, that Borr_ currently re,.ide., and wtll conUnue to re.'de In Ihe residence 10 long a. the energy service charge remain. unpaid, and thattha re.idenee currently raeelves electrical service from the City of Aahland Department of Elaetric UtUllIaa. 2. Promise 10 PIIV bI/ Borroliloer. Borrower promise. 10 pay City the sum specified above In Box C (or such le..er amount 88 shall equal the amount paid by City pursuant to paragraph 0 P/U. a .~.OO .ervlce charge) payable In monthly In.taIlmenta 81 spaclflecl above In Box 2, with the Intln.tallment due within 20 days after the date of the next monthly utility billing to the Borrower fOf utUlty servIcea 10 !he re.idenee. 2.1. The monthly Installment shall be addlld 10 the Borrowsr'. ullllty account fOf the re.idenee. The monthly pa~ent wll be shown 88 a separate fine Item on lhe Borroww's utility blJ and remlttanee may be Included with the regular monthly utility payment. 2.2. No inlere.t shall be c:hlIrged by City unless Borr_ i./n defaulta. de.Ctlbed In paragraph O. In such case. Interesl shaD be charged at I,"! rale provldlld in paragaph O. 3. Pawnent bI/ Cilv. Subj8CIlo the larms of Ihls agreement. City shall pay the sum specified above In Box C or the actuallnslalled co.t of the.nergy saving measures pIu. a '5000 service charge. whichever amount is I.... 10 the Borro_ upon City's approval of lhe inslaDation and lhe submission of Ihe appropriate invoices. Th. Invoicea shall d.laU lhe equipm.nl cosl and Ih. labor co.t a. separale Itams 'or eaeh m.8Iure. .. Assumotion of Resaonsibililll bl/Borr..- 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. BCltIOWIIr 'urther understands and agreesthal Borrower is solely responsible to purch8le Of inslalllh. en.rgy conservalion measure., provided howevll/' PAGE '-CONSERVATiON SERVICE FINANCING PROr.RAAA Ar.R~~AA~"'T ._._..... . that no paymenllshal be made by \he City untnl \he conservation me..ureslO Installed meet or exc:eed \he CIty'I Energy Smart Dellgn spedllc8llonl. The Inlta18110n mUlt comply with \he applicable codn anclstanclards and \he Borrower must obl8ln\he necnury permits. 5. Indllll'lnlflcll\lon. BomIwer ....to defend, indemnify and uve'CIty. ill officer. employeel and agents harmless from eny end .. 101.... dalml. ac:IIonI, costs. expenlln. JudlPnenll. subtu"atlonl. or other dam.1 mulling from injury \0 any person (1nc:lucIIng injury resulting In death.) or dam. (lndudlng 100s or dntruc:lion) 10 properly. of whatsoever nllure arising out of or inddenI to \he performance of IhiI agHIIIent by Borrower (Including but not Hmiled 10. Borrower's employees. agents, and others designated by Borrower to perform work or servlcn a\lendantto this agHIIIent). Borrower shal not be held responsible for damages caused by \he negligence of City. , 8. Removal of Conll8n/atlon Mea.um Prohibited. Energy conservallon measureslnstaUed pursuant to thll agreement shall not be removed from \he rnidenc:e at any time during their useful life, unlesslUch measure. cease to function and are Irreparable or unlessthlty are temporartly removed for purposII of repair. 7. Dmaull. Time Is of IheesSlnc:e under this agreement, and a dafaullshall occur when Borrower: 7.1. Falls to pay any installment when due as provided In par8lP'aph 0, 7.2. Move. from or faUslO occ:upy \he resldenc:e for a period of more Ihan three consecutive months. transfers the utility ac:c:ountto another, purchases e1ectrlc:lty for the rnldenc:e from another or sells or otherwise transfers the residence to any person. or 7.3. Falls to abide by thltterms of this agreement 8. Remedlas. In the event s default occ:urs: 8.1. All prlnc:lp81 shall bec:ome Immediately due and collectible lithe option of the City. 8.2. Thlt City may also withhold payments for energy conservallon measurn, seek recovery of any loans mede to Borrower. obtain specific: performanc:e of Borrower's obligations under thl. agreement. or seek other remedle. avanabl. at 1_ or In equity. Including, wilhoulllmltatlon. the rlghllo termlnat. Borrower's or waler or electric: serva 10 the residence, or any other residence owned or Controlled by Borrower. . 8.3. Any bal8nc:l1hen remaining to be paid by B_IO City shall bear Intereslat thlt rate of one percent per month beginning from the date of default. All remedies lei forth above are cumulative and nol mutuaRy exduslYe, and the CIIy may simultaneously eicercls. anyone or all of Ihem. 9. Attornev Fee.. If a legal action Is c:ommenc:ed 10 enforce any of lhe provisions of Ihls agreement. Including. withoutltmila\lon, any arbitration. mediation. or action In any court. the prevaRlng party shan be entllled 10 rec:over from the other party costl, disbursements and attorney fee. Inc:urred both at trial and on appeal. . CITY OF ASHLAND: CONTENT REVIE . , (City De Head FORM REVIEW: (Cily Attorney) Coding: (for Cily purposes only) p/n /Jo Borrower 55N: