HomeMy WebLinkAbout2011-214 Conservation Agrmt - Allario CITY OF ASHLAND-CONSERVATION DIVISION
CONSERVATION SERVICE CHARGE FINANCING PROGRAM AGREEMENT
A. BORROWER(S): 15►Mf YE-'✓ LLWKi a
ADDRESS: KkISI-r1,4, L4ie_l p
Log(�s C,(Lire K-
B. ENERGY CONSERVATION MEASURES TO BE INSTALLED(sae paragraph B belowr
S P'0--,\ l- lr- 0A1
C. AMOUNT BORROWED(sae paragraph C below): 5_ 7.5-oo
2. AMOUNT OF MONTHLY INSTALLMENT PAYMENT(sae paragraph 2 below):
Energy conservation service charge financing agreement dated 5 L-2
City of Ashland(City)and the above-named Sorrower(s). bstwrosn the
Recitals•.
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 Box B.
C. Borrower has or will Install the energy conservation measures and desires to borrow from the City the
amount specified above In Box C for the purpose of Purchasing and Installing suph measures.
City and Borrower agree as Wows:
1. Reonsaintaflon of Ownershlo and Occupancy of Residence. Borrower(whenever required by the
context of this agreement, the singular shall Include the plural)represents that Borrower is the owner or
contract purchaser of the residence, that Borrower currently resides, and will continue to reside In the
residence so long as the energy service chaps remains unpaid,and that.lhe residence currently receives
electrical service from the City of Ashland Department of Electric Utilities.
2-Promise to Pay by!lorrowar. Borrower promises to pay City the sum specified above In Box C (or such
lesser amount as shah equal the amount paid by City pursuant to Paragraph 0 Plus a "00 service
charge)payable in monthly Installments as specified above In Box 2, with the tint Instalment due within
20 days after the date of the next monthly utiity billing to Ilea Borrower for utility services to the residence.
2.1. The monthly Installment shall be added to the Borrower's utility account for the residence. 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 interest shad be charged by City unless Borrower Is In default as described In
paragraph 0. In such use. Interest shall be charged of the rate provided in paragraph 0.
3. Payment by CiN. Subject to the terms of this agreement, City shag pay the sum specified above in Box
C or the actual Installed cost of IM energy saving measures plus a 550.00 service charge, whichever
amount is less, to the Borrower upon City's approval of the installation and the submission of the
appropriate invoices. The invoices shall dotal the equipment cost and the labor cost as separate items for
each measure.
4. Assumolion of Resconaibility by Borrower. THE CITY MAKES NO WARRANTY, EITHER EXPRESS
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 ADEOUACY OR EFFECTIVENESS
OF THE ENERGY CONSERVATION MEASURES. Borrower further understands and agrees that
Borrower is solely responsible to purchase or instal the energy conservation measures, provided however
Clef= 4_r^MOC ...V.I.,
that no payments shall be mods by the City unless tits conservation measures so instated meet or
exceed On Ctty's Energy Small DUO specild atlas.The Installation must comply with the appk;able
codes and standards and the Borrower must obtain the necessary permit.
5. kd2MdfiH=. Borrower agrees to defend. Indemnify and.saw'Cittr. it 01111001, employees end agents
hwmlees from any and M loves.claims, aclbns,costs. expenses,hr 1s'or d (Including ome loss
damages resulting from 4"to any Psrsom(knkadI fnhay resdtlnp out of or irciderd to the polon. arcs of this -
or destruction)b Borrower dMMabut no limited to, BBoorrowers employees. agent•and otters designated
agreement by Borrower( 0
by Borrower to perform work or services attendant te Mt agreement). Borrower shat not be held
responsible for damages caused by the negligence of City.
8 Prohibited. Energy conservation measures Instated pursued to
this agreement shall not be removed from the residence at any Ilene during their useful Its. unless such
measures cease to function and are Irreparable or unless they are temporarily removed for purposes of
repair.
7. QIuil. Time is of the essence under this agreement, and a default shat occur when Borrower:
7.t. Fats to pay any Instalment when due as provided.In paragraph 0.
7.2. Moves from or falls to occupy the residence for period of of more than thres residence from consecutive
or
months,.trensfws the utility account to another, purcha ses electricity
sets or otherwise transfers the residence to any person, or
7.3. Falls to abide by to terms of this agreement
8. gay. In the event a default ocatr*:
B.1. At principal shall become Immediately due and collectible at the option of IM City.
e.2. The City.may also withhold payment for snerW conservation measures. seek recovery,of
any loans made to Borrower, obtain specific performance of Borrowers obligations under We agreement,
or seek other remedies available at law or In equity, Including,without limitation, the right to terminate.
Borrowers or water or electric service to the residence, or any otter residence owned or controlled by
Borrower.
e.3.Any balance then remaining to be paid by Borrower to City&hall ben Interest at the rat of
one percent per month beginning from the date of default.
All remedies set forth above are cumulative and not mutually exclusive, and the City may simultaneously
exercise any one or at of them.
g. Attorney Fee&. H a legal action is commenced to enforce any of the provisions of this agreement,
including,without limitation, any arbitration, mediation, or action in any court, the prevathg party shall be
entitled to recover from the other party costs, disbursement and attorney fees Incurred both at trial and
on appal.
BORRO ER(Sj: CITY OP ASHLAND:
/ BY � W;
Borrower S DirecVAr of Finance
CONTENT REVIEW:
(City Deg. Head)
FORM REVIEW:
ewer SSN: (City Atomey)
Codkg:
(for City purposes only)