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Home My WebLink About2010-202 Conservation Agrmt - Bukey A. BORROWER(S): :ToJl~ A,.}/J Mt-/;",ol1 Bv Ict-, ADDRESS: 1.3{, SJlOlAlIf# B. ENERGY CONSERVATION MEASURES TO BE INSTAlLED (s.. Pl"WIph B below): HeAT pv 1'11' C. AMOUNT BORROWED (see paragraph C below): I "1 So.:) 2. AMOUNT OF MONTHlY INSTALLMENT PAYMENT (see ~agraph 2 below): ns-. 0 <) I CITY OF ASHLAND - CONSERVATION DIVISION CONSERVATION SERVICE CHARGE FINANCING PROGRAM AGREEMENT Energy conservation service charge financing agreement dated Il./to/ hoJo City of Ashland (City) and the above-named llotro\\W(s). Recitals: between the A. City has conducted an energy analysis of Borrower's residence located at the addre.. described above In Box A ("the residence"). B. The City has recommended certain energy saving measures described above In Box B. C. Ilotrower has or wtIllnslall the energy conservation mealures and dellrel to borrow from the City the amount speclfled above In Box C tor the purpose of purchasing and Inltalllng lu,:h meallltea. City and Borro_ agree .. follows; 1. ReoreaenlaUon of awr-.hlD and OCCUDIIne1I of Relldence. Bon 0- (whenever required by the context of thll agreement, the singular lhaIllnclude the plurlll) representl lIlet BOUll..... lithe owner or contract purcheler of the residence, thatllotrower currently relldel, and wlU oonUnue to rellde In the residence 10 long al the energy lervlce charge remalnl unpaid, and Ihat.1ha relldence currently recelvel electrlcalservlce from the City of Alhland Department of Electrlc UI8ItJ... 2. Promlaeto P.v bv BorrOlIloer. Borrower promiHslo pay City the lum specified above In Box C (or such le..er amount .. shall equlllthe amount paid by City pursuant to paragraph 0 plul a 'llq.oo service charge) payable In monthly In.llIllmenla.. speclfled abovtlln Boll 2, wllh Ihe flrstlnltallment due within 20 days atter the date of the nexl monthly utility billing to Ihe Ilotrower for ulJllty servlcelto the relldence. 2.1. The monthly Installment shall be added to the Borrower'l utility eccount for the relidence. The monthly payment will be shown .. . separate line lIem on lhe Ilotro~er's utHIty bll and remittance may be Included with the regular monthly ulfllty p8ymenl. 2.2. No intereltshall be charged by City unle.. Ilotrowerll In defllllltal delcribed In paragraph O. In such case, Inter..1 Ihall be charged at the rate provided in paragraph O. 3. PaYment bv Cw. Subjeclto the larms of IhIs agreement, City shall pay the sum specltled above In Ball C or the acluallnslalled COlt of the energy saving measures plus a 150 00 service charge. whichever amount is less. 10 lhe Ilotro_ upon City's approval of lhe installation and the submission allhe appropriate invoices The invoicel shall detaillhe equipment cost and the labor cost al separate items 'or eech measure. .. Assumotion of ResoonllbiliIY 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. BooO_ further understands and agreeslhat Borrower is solely responsible to purchase or install the energy conservalion measur.., provided however PAGE I.CONSERVATION SERVICE FINANC':INr. PAnmuu 4r.A~~U~I\lT ............ that no payments shill be made by the City unlesa the conservation meUUreSIO Installed meet or exceecllhe City'. Energy Smlrt Onlgn spec:lllcallonl. The inltalatIon musl comply wtlh the applicable codn and standards and the BonoJJel' mu.t obtain the necessary permits. 5. Indemnification. Borrower agrees to defend, indemnify and save City. iI. ofIIcer, emplo)... and agent. harmlels from III1Y IIld II Ios..., d8lm., 1IClIonI, costs. expans.., judgmentl. sub.ogatlclh', or other dam.. resulting from Injury 10 lIlY peI1CIn (1ncIucIIng Injury mulling In death.) or dam. (including 10.. or destruction) 10 proplllty. of whatIoeYer nature 1ri.1ng out at or ilCldenl to the pelformll1C8 of lhiI agreement by Borrower (Including but not Hmiled to. Bon~s employees. agents. and others designated by BomlWer to perform work or servicel attendant to lhiI agreement). ~ shal not be held responlllblelor damagee caused by the negligence at City. 8. RemOval at Conservation Measures Prohlbtled. Energy conservation measures Installed pursuant to thl. agreement shall not be removed from the residence at any time during their useful lite, unl..ssuch measures cease to function and are Irreparable or unle..they are temporarily removed for purpo... of repair. 7. Oataull. Time Is of the essence under thl. agr..ment, and a delaultlhall occur when Borrower: 7.1. Falls to pay any Installment when due as provided In paragraph O. 7.2. Moves trom or faN. to occupy the residence for a pertod of more lhan thr.. consecutlve month.. transfe,. the utility account to another. purchases electrlclty for the residence from another or sells or otherwise transfere the residence to any person, or 7.3. Falls to abide by the lerm. of this agreement 8. Remedle.. In the event a datault occurs: a.1. All prtnclpalshall become Immediately due and collectible at the option of the City. a.2. The City may allO wtthhold payment. for energy conservation measur... leek recovery at any loan. made to Bon_, obtain speclflc: performance at Borrower'. obligation. under thI. agreement. or leek other remedle. available at law or In equity. Including, wilhoulllmltatlon, the rtghtto terminate Borrower's or _ter or electrlc lervlce to the residence, or any other residence owned or Controlled by Borrow.(. a.3. Any balance then remaining to be paid by Bon_to City shan bear Intere.tatlhe rate of one percent per month beginning from the date of datsun. All remedies set forth above are cumulative and not mutually exclusive. and the City may slmultaneoully exercl.e anyone or all of them. 9. AUornev F.... If a legal action Is commenced to enforce any of the provisions of this agreement, Including. wtlhout limitation, any arbitration. mediation, or action In any court, the prevailing party shan be :. -:':71- ~--~.., d-::.:..,_---.~- d~ BY ~ /0;j/ZJ '::r Director at Fin8nca tm~~-~ Borrower SSN: St",q-H -lor'! CONTENT REVIE . (City De Head) FORM REVIEW: (City Allornsy) Coding: ('or City purposes only)