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Home My WebLink About2010-182 Conservation Agrmt - Griffin A.BORROWER(S): -;~f f-/-otl'1 s-4. JQ-f-F ~ri{f." ~ ADDRESS: ';> A'7Vt l~0.l> B. ENERGY CONSERVATION MEASURES TO BE INSTAlLED (s.. P8rS98ph B below): H:~..-r pu..... P C. AMOUNT BORROWED (s.. paregraph C below): . 7,So() 2. AMOUNT OF MONTHLY INSTAlLMENT PAYMENT (s.. paregraph 2 below): /L.r - . CITY OF ASHlAND. CONSERVATION DIVISION CONSERVATION SERVICE CHARGE FINANCING PROGRAM AGREEMENT Energy conservation service charge Rnanclng egreement dated IO/zc; /2-c 1<:> City of Ashland (City) and the above-named Borroll.er(s). Recitals: between the A. City has conducted an energy analysis of Borrower's residence located at the address described above in Box A ("the residence.). B, The City has recommended certain energy saving measures described above In BOll B. C, Borrower ha. or will In.lallthe -gy conurvalion mea.ure. and de.lrel to borrow from the City the amount speclfledabove In Box C for the purpole of pun:hBlIng and Insl8lllng .up, messures. City and Borrow. agr.. .. followl: 1. Reora.entailon of aw.-.hlo and OcCUOIIlC1l of RelldillllC8. B~ (whenever required b)lthe context of thll agreement, the Singular .haIllnc1ude the plural) repreunta thai ~Il.. lithe ~ or contract purchaser of the residence, that Borrower currently rei Ides, and will conUnue 10 re.'de In thl residence so long al the energy lervlce charge remalnl unpaid, and that. the relldence currently recelvel eleclrlcal service from the City of Ashland Department of E1ectrtc UtBIIleI. 2. Proml.eto PIV bv Borrow.r. Borrower promiUlto pal' City the sum speclRed above In Box C (or such le..er amount 81 shall equal the amount paid by City pursuant to paragraph 0 p1u1 a .~oo service charge) payable In monthl)lln.tallmenta.. speclfled above In Boll 2, wtth the fIrIt In.tallment due within 20 days aftar the date of the next monthly utUity billing 10 the Borrower for utBity servtcn 10 the relldence. 2.1. The monthl)lln.l8IImenl shall be added 10 the Borrower'. utility account for the re.ldence, The month')1 pa~ent will be shown .. a .eparalellne Item on the Borrow"1 utility blland remittance mal' be included with the regular monthl)l utility paymenl. 2.2. No inferelt .hall be charged b)l City unte.. Borrow. I. In defllUlt al delcrlbed in paragraph O. I" such ca.e. int...t .hall be charged at the rate provldad in paregraph O. 3. PaYment bv Citv. Subject 10 the lerm. of thls aveement. City shall pay the sum specified above in Box C ex lhe actuallnstaDed COlt of the lnergy saving mealures p1u1 a .5000 service charge, whichever amount is lesl. 10 the Borrower upon City's approval of the inslaDation and the submi..ion of the appropriate invoices The invOice. shall delaH the equipment cost and the labor co.t a. separate items for each measure. .. Assumotion of ResDOnsibililv 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. Borr_ fut1her undarstands and av... that Borrower is solely responsible 10 purchase or inslall the energy conservalion measures, provided however PAGE 1.CONSERVATlON SERVICE FINANr.'Nn PRnr.AAlA Ar.A~~lA~I\IT._ .__..u.. .. '. . ~. ~ . . .. that no payments shal be m8de by the City unless the conservation m.asureS 10 Installed meet or exceed \he City's Energy Sm.rt Design spedlIcatIonI. The Instalatlon must comply with \he applicable codeI and standards and the Bon'OJJ8l' must obtain the necelHfY permits. 5. Indemnification. Bon'ower egrees to defend. indemnify and save City. its officer. employees and agent. harmless from eny and alios.... claims. acUonI. costs. expenses. jucVnents. subrogallolll. or other dam.s resulting from injIM'y to 8I1Y person (1ncIucIIng injury resulting In death.) or d8ll1. (lndudlng loss or deslNCtIon) to property. of wtmsoever nature arising out of or IIICldMt to the peIformance of this aweement by Borrower (including but not limited to, Bon'ower's employees. agents. and others designated by Borrower to perform work or servIceS attendant to this agreement). Sorro\ver shal not be held responsible for damages caused by the negligence of City. 8, R8I1Ioval of Canurvatlan MeUUfM Prohibited. Energy conservation m.asur.. Inslallecl pursuant to this 8lIfIIl11enl shall not be remOYed from the residence at any time during their useful life, unle.. such m.asures cease to funcllon and are Irreparable or unle.. they are temporartly remOYed for purposes of repair. 7. Default. Time Is of the ....nce under this egreem.nt. and a d.fault shall occur when Bo~: 7.1. Falls to pay any Installm.nt wh.n due as provided In par.aph O. 7.2. Moves from or fans to occupy \he r.sld.nc. for a period of more than three consecutlv. months, transfers the utility account to another, purchas.. .Iectrlcity for th. residence from another or s.ns or otherwise transfers the r.sld.nce to any person, or 7.3. Falls to abide by th.terms of this agreement 8. R8I1I8d1... In the event a default occurs: 8.1. All principal shllll become Immedlat.1y due and collectible at the option of the City. 8.2. The City may also wtIhhoId paym.nts for energy conservallon measur... seek recovery, of any loans med.to Barr~. oblaln speclflc perform8/'lCe of ~'s obligation. under this agreem.nt. or seek other remedl.. avaUabl. atlllW or In equity. Including, without IImll8t1on, the right 10 termlnat. Borrower'. or water or efeclrtc service to the r.sld.nce, or any other mldence owned or controUed by B~. 8.3. Any balance then remaining to be paid by ~ to City shall bear Intere.t at the rale of on. perc.nt p.r month beginning from the dale of default. All r.medl.. set forth abova are cumulative and not mutually exdullve, and the CIIy may simullaneou.ly exercl.. anyone or all of them. 9. Anarn." F.... If a!eg8l action II commenced to enforce any of the provisions of this agreem.nt, Including, wllhoutllmltatlon, any arbltrallon. mediation, or action In any court, the prevailing party shan be .ntllled to recover from the other party cost., dISburs.m.nts and attorney fees Incurred both at IrI8l and on appeal. ~ CITY OF ASHLAND: BY ~ ~--- . Director of Finance ( CONTENT REVIEW: I (City De eild) FORM REVIEW: ICily Attorn.y) Coding: (for CIIy purpos.s only) BORROWER(S): ~~. Barr SSN: Borrower SSN: