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Home My WebLink About2011-022 Conservation Agrmt - Hanson A. BORROWER/S): ;;IJ 1/ ,'+;f HA;./fo;./ ADDRESS: 21S- T'" /,.., 4;./ C,z~ # ..71 B. ENERGY CONSERVATION MEASURES TO BE INSTAllED (s......ph B below): I-I~Ar 'pJ~~ C. AMOUNT BORROWED (s.. p8rllgl'aph C below): I " 03 "l , 2. AMOUNT OF MONTHlY INSTAllMENT PAYMENT (s.. pal'lIgI'lIph 2 below); 100,<PS' I CITY OF ASHlAND. CONSERVATION DIVISION CONSERVATION SERVICE CHARGE FINANCING PROGRAM AGREEMENT Energy conservation s.rvIc. charge IInanclng IIgI'8ement dated 2...- > -2-... , I City of Ashland (City) and the abov.-named Borrower(s). Recitals: betweenth. A. City has conducted an .nergy analysl. ot Borrower'. r.sld.nce located at the addr... d..cribed above In Box A (*the resld.nce.). B. The City ha. recommended certain .nergy .avlng m.a.ur.. d.scrlbed abov. In Box B. C. Borrower has or wtllln.laII the .nergy con..rvalJon m.a.ure. and d.,'r.. to borrow from the City ,he amountspecltled "abov. In Box C tor the purpo.. of purcha"ng Ind 1n.ta11lng .l.\Ch menur... City and eorr-lIgI'8e .. tollowa: 1. R.ore..nwilon of OwrwnIhlo and OecuoallC1l of R.sldence. BOII'Cl..... (whenever required by the cont.xt of thl. agreem.nt, the singular .halllnclude the plural) represent. that Borro_1a the owner or contrect purcha..r of the r.sld.nc., that Borr_ currently r.slde., and wtU conllnue to reside In the resld.nc. 10 long II 'h. energy .ervlc. Charge r.malns unpaid, and that. the re.ldence currenlly rec.'v., el.ctrlcal service trom the City of Ashland D.pll1m.nt of Electrtc UtBIllea. 2. Promi.e 10 P.v bv BorrOwer. Borrower proml... to pay City the .um .peclfled above In Box C (or such I....r amount .. .hall equal the amount paid by City pursuant to parllgl'aph 0 p/u. a I~.oo .ervIce charge) payable In monthly In.tallmenll...pecltled lIbov.1n Box 2, wtlh the f1ntln.tallment due wtthln 20 days after the date of the next monthly utility billing to the Borr_ tor ullllty .ervlcft 10 tha re.ldence. 2.1. The monlhly In.tallment .hall be added to lhe Borre....,.. utility account tor tha re.ldence. The monthly paym.nt wtII be shown .. a ..paratellne Item on .he B~. utHlty blland remlllance may be Included with the regular monlhly utHIty payment. 2,2. No inlereat.hall be charged by City un'e.. Borr_lIln default a. de.cribed In paragraph 0, In such ca.e, Intereat shall be charged at the rate provided in parllgl'aph O. 3. PaYment bv City. Subject 10 the larm. of thi. lIgI'eement. City shall pay the sum speclfled abov. In Box C or the acluallnslalled co.t of the energy .aving mea.ur.. plus a 150,00 service charge, whlch.ver amount isle". to Ih. Borro_ upon City's approval of ,he installation and lhe subml..ion of .he appropriate invoices The Invoice. shall delailthe equipment co.t and the labor co.t ass.para,e item. tor eech measure. 4 Assumotion of Resoon.ibilitv bv 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. Borr_ turther understands and agreesth81 Borro_ is solely responsible to purcha.e or in.'all'he energy conservation m.a.ure.. Jll'ovided however . PAGE 1-CONSERVATlON SERVICE FINANCINc; PRnnRAU Af:DIOIOUIO"T ....._..._.. I that no payments sh811 be made by the City unl... the conservation measures so Installed meet Of exceed the City's Energy Smert Design spedlIcatIonI. The inll8latIon must comply with the applicable codn and standards and the Borro.- must obtain the necesgry permits. 5. lndamnlflcatlon. Borrower.... to defend. indemnify and save City. Its officer. employen and agents harmless from eny and ..Ios.... delms. adIonI. cosll. expens... JudlPnenll. subrogatlons, Of other demege. resulting from injury to lII1Y person (1ncIucIIng injury resulting In dellh.) Of dam. (lndudlng loss Of destruction) to proper1y. at whltlOeVar nature "sing out of Of ~1Cldent to the performance at thII 19Hf'lent by Borrower (Including but not limited to, Borrower's employen. agenll, and others designated by Borrower to perform work Of servlcel attendant to thi. agreement). Borrower shall not be held responsible fOf damages caused by the negligence of City. 8. RlIlIIoval at Conservation Measures Prohibited. Energy conservation measur.. installed pursuant to this agreement shall not be removed from the residence at any u.ne during their useful life, unle.. such meesures cease to funcllon and are irreparable Of unle.. they are temporarHy removed lOf purpos.. of repair. 7. Default. Time Is of the easence under this agrHment. and a default shall occur when BorrOWll': 7.1. Falls to pay any installment when due as provided In paragraph 0, 7.2. Moves from Of fans to occupy the residence lOf a period of mOfe than thrH consecutive months, translers the utility acc:ount to another, purchas" eflldrlc:lty lOf the residence from another Of sens or otherwtse transfers the residence to any person. Of 7.3. Falls to abide by the tlll'ms of this agreement 8. Remedle.. In the event a default occurs: 8.1. All principal shall become Immediately due and collectible at the option of the City. 8.2. The City may 1110 withhold peyments fOf energy conservation measur... SHk nICOvery, of any loans mede to Borr_. obtain .paclfIc performence of Borroww's obIlg11tlons undarthls agreement, Of seak other remedies avanable at lew Of in equity. Including, w11hout limitation. the right to terminate Borrowar's Of weter Of afactrlc sarvlca to the residence. Of any other residence owned or eonlroned by Borrower. 8.3. Any bllance then remaining to be palel by BorrOWll' to City shill belli' Interest at the rate of one parcent per month beginning lrom the date of default. All remedie. set lorth above are cumulative and not mutually exclusive, and the City may simultaneously exercise any ana or III of them. I I 9. Attornev F.... If a legal action Is commenced to enforce any of the provisions at this agreement. Including, without limitation. any arbitration. mediation, Of action In any court. the prevaUlng party shan be entitled to recover from lhe other party costs, disbursements and altomlY lees incurred both at trial and on appe8l. Borrow<< SSN: .1 CITY OF ASHLAND: