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Home My WebLink About2011-186 Conservation Agrmt - Ray CITY OF ASHLAND-CONSERVATION DIVISION CONSERVATION SERVICE CHARGE FINANCING PROGRAM AGREEMENT A. BORROWER(SY 9/v ADDRESS: W �rvo R� B. ENERGY CONSERVATION MEASURES TO BE INSTALLED(sea praRaph B belowr. 14cA-r GA P C. AMOUNT BORROWED(sea paragraph C below): - 2. AMOUNT OF MONTHLY INSTALLMENT PAYMENT(sea paragraph 2 below): id18. 9S Energy conservation service charge financing agreement dated ? z 9-eo i between the City of Ashland(Cgy)and the above-named Borrower(s). Rectlals: A. City has conducted an energy analysis of Borrowers residence located at the address described above In Box A ('Me residence'). S. The Coy has recommended certain energy saving measures described above In Box S. C. Borrower has or will Install the energy conservation measures end desino to borrow from the Coy the amount specHled above In Box C for the purpose of purchasing and Installing suph measures. City and Borrower agree as follows: owshlo and Borrower whenever required by ft context of this agreement, the singular shag Include the plural)n"swb that Borrower Is the owner or contract purchaser of the residrue, that Borrower currently res", and will continue to reNde in the residence so long as the energy service charge remains unpald,and Mat.the residence currently receives electrical service from the City of Ashland Department of Electric Utilities. 2. Promise to Pw lv Borrower. Borrower promises to pay City the sum specified above In Box C or such lesser amount as shall equal the amount paid by City Pursuant to paragraph 0 plus a 359.00 service charge)payable In man"Installments as specified above in Box 2, wgh Me flat Instagmenl dug within 20 days after the date of Me next monthly uggily being to Me Borrower for uglily servkes to tlta rawith . 2.1. The monthly Installment shah be added to the 8artowar'a utility account far the roidence. The . monthly payment will be shown as a separate line Item on the Borrowers utility bill and remittance may be Included with the regular monthly utility payment. 2.2. No interval shall be charged by City unless Borroww N in dNautl as described in paragraph 0. In such case, interest shag be charged at the rata provided in paragraph 0. 3. Payment by CiN. Subject to the terms of this agreement, City shall pry 1M sum specified above in Box C or the achul Installed cost of the energy saving measures plus a 350.00 service charge, whichever amount is less, to IM Borrower upon City approval of the installation and the submission of the appropriate invokes The invoices shag detail IM equipment cool and the labor Coll as separate items for each measure. THE CITY MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE FITNESS OR MERCHANTABILITY OF THE ENERGY CONSERVATION PARTICULAR PURPOSE. INCLUDING BUT NOT LIMITED TO THE ADEQUACY OR EFFECTIVENESS OF THE ENERGY CONSERVATION MEASURES. Borrower further undenlands and agna Mal 801' ower is solely responsible to purchase or install the energy conservation measures, provided however PAGF that no payments shit be made by the City unless the conservation measures to Installed most or exceed to Ciys Energy Smart Design specMkatione.The MtalMbn must comply with the applicable codes and standards and the Borrower must obtain the necessary permits. g. Imo. Borrower agrees to defend. Indemnify and save'Cily. its officer.employees and agents harmless from any and a1 losses,claims, actions. costs. exPrms.j ts; u lose in damages resulting from"Io any person(includi g"results g or destruction)to property.of whalsaevr not"arising out of r incident to the poImm o designated agreement by Barrowwer(including bull not limited to. Borrowers anpbyeas. agents.and others by Borrower to perform work or services attandrt to Bile agreement). Borrower sisal not be hold responsible for damages caused by the negligence of City. B. . Energy conservation measures installed pursuant to this agreement shall not be removed from the residence at any time during their useful life. unless such measures cease to function and are Irreparable or unless they are temporarily removed for purposes of repair. 7. (mfg{. Time Is of the essence under this agreement. and a default shall occur when Borrower: 7.1. Falls to pay any Installment when due as provided In paragraph 0. 7.2. Moves from or fails le occupy the residence for a pertod of more than three consecutive months. transfers the utility account to another. purchases electricity for the residence from another or sons or otherwise transfers the residence to any person, or 7.9. Fails to abide by the terms of this agreement a. f;ligili". In the event a default occurs: U.AD principal shall become Immediately due and collectible at the option of the City. 8.2.The City may also withhold payments for energy conservation measures, seek recovery of any loans meta to Borrower,obtain specific performance d Borrower's obligations under Oft agreement, or seek other remedies available at taw or in equity, Including,without limitation, the right to terminate. Borrowers or water or electric service to the residence, or any other residence owned or controlled by Borrower. 6.9.Any balance than remaining to be paid by Borrower,to City shall bear Interest at the rate of one percent per month beginning from the data of default. All remedies set forth above are cumulative and not mutually exclusive, and the City may simultaneously exercise any one or all of them. g. Atlornav Fees. M a legal action Is commenced to enforce any of this provisions of this agreement, Including,without limitation, any arbitration, mediation, or action in any court, the prevailing party shall be entitled to recover from the other party costs.disbursements and attorney fees incurred both at trial and on appeal. BROWE (S): CITY OF ASHLAND: BY L-• Borrower SS Director of Finance CONTENT REVIEW: (City Dept. Head) FORM REVIEW: Borrower SSN: (City Attorney) Coding: (for City purposes only)