HomeMy WebLinkAbout2012-207 Conservation Agrmt - Rene CITY OF ASHLAND-CONSERVATION DIVISION
CONSERVATION SERVICE CHARGE FINANCING PROGRAM AGREEMENT
EAMOUNT (S): Mc
SERVATION MEASURES TO BE INSTALLED(see parepreph B below):
;,RROWED(see paragraph C below):MONTHLY INSTALLMENT PAYMENT(see paragraph 2 below):
i 3C. (.7
Energy conservation service charge financing agreement dated _ '7/11 l i L beMven the
City of Ashland(City)and the above-named Borrower(s).
Recitals:
A. City has conducted an energy analysis of Borrowers residence located at the address descri' above
in Box A(the residence').
S. 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 tat
amount spwAW above in Box C for the purpose of purchasing and Installing such measures.
City and Borrower agree as follows:
1. Rawasantsilon of Ownership and Occupancy of Residence. Borrow(whenever required by the
context of this agreement. the singular shall Include to plural)represents that Borrower b the owner or
contract purchaser of the residence, that Borrow currently resides, and will continue to reside in the
residence so long all the energy service charge remains unpaid, and that the residence currently receives
electrical service from the City of Ashland Department of Electric Utilities.
2. Promise to Pav by Borrower. Borrower promises to pay City the sum specified above in Box C(or such
lesser m
amount as shall equal the amount paid by City pursuant to persgraph o plus•$ .00 service
charge)payable In monthly Installments as specified above In Box 2, with the first Instalkhent due within
20 days after the data of the next monthly utility being to the Borrower for utility services to On residence.
2A. The montly Irnlapmenl shag be ed I to the Borrowers uluity account for the raddance. The
monthly payment will be shown as a separate line tam on the Borrowers ulAlty bill and remittance may be
Included with the regular monthly utllty payment, ,
2.2. No interest shall be charged by City unless Borrow N In default as described in
paragraph 0. In such use. Interest shat be charged at IM rate provided in paragraph 0.
3. Payment by CiN. Subject to the terms of shy agreement, City shat pay 1110 sum specified above in Box
C or the actual installed cost of the energy saving measures plus a$50.00 service charge, whkhevor
amount y less, to 1M Borrower upon City s approval of the installation and the submission of the
appropriate invoices. The Invokes shelf delay IM equipment cost and IM labor cost as separate items for
each measuie.
4. Assumption of Responsibility by . 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 ADEQUACY OR EFFECTIVENESS
OF THE ENERGY CONSERVATION MEASURES. Borrower further understands and agrees that
Borrower is soley responsible to purchase or Install the energy conservation measures, provided however
ihal no payments shall be made by the City unless this conservation measures so installed mod or
exceed the CWS Energy Smart Design sped scat ons.The InsWalion must comply with tit applicable
codes and standards and the Borrower mud obtain the necessary Permits.
,
5. Wdnpftdpg. Borower agrees to defend, indemnify and saw'City. No officer, employees and agents
harmless from any and all losses.dol ms, adbns,costs. expenses.Moments.u or damage(Including lose
damages raw"from M>juy to any Pw (kckdtrhg in)hay resulting
or destruction)to property. of whatsoever nab"rising out of or Irhddent to the performance Of ft
agreement by t perform ices attendant to Oft agreems alt) Borrower shall not�deslgnatsd
by Borrower to perform
responsible for damages caused by d»negligence of City.
8. Removal of Conservation Measures . Energy conservation measures Installed pursuant to
this agreement shall not be removed from the residence at any time during that useful INe,unless such
manures cease to function and we Irreparable or unless they we temporarily removed for purposes of
repair.
T. QlfLilt. Time Is of the essence under this agreement, and a default shall occur when Borrower:
7.7. Falls to pay arty installment when due as provided In paragraph 0,-
7.2. Moves from or falls to occupy the residence for a period of more than three consecutive consecutive cc
months,transfers the utility account to another. purchases electrfclty for the residence from another or
sells or otherwise transfers the residence to any person. or
7.3. Falls to abide by the terms of this agreement
e, gam. In the event a default occurs:
8.1.Ag principal shag become Immediately due and collectible at On option of the City.
8.2.The City may also withhold payments for energy conservation measures, seek recovery,of
any loans made to Borrower,obtain specific peformance of Borrower's obligations under this agreement,
or seek other remedies available at law or In equity, Including,without lknitation, the right to terminate.
Borrower's or water or electric service to the residence, or any olhsr residence owned or controlled by
Borrower.
8.3.Any balance than remaining to be paid by Borrower to City shall bear Interest at the rats 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 all of them.
g. Atmrnev Fen. N•legal action is commenced to enforce any of the provisions of this agreement.
Including, without limitation, any arbitration, mediation, or in any court. the prevailing party shag be
entided to recover from the other party costs,disbursements and attomey fees incurred both at trial and
on appeal.
BORROWER(S): 'CITY OF ASHLAND:
Borrower SSN: Director of Finance
CONTENT REVIEW:
(City Dept. Head)
FORM REVIEW:
Borrower SSN: (City Attorney)
Coding:
(for City purposes only)
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