HomeMy WebLinkAbout2011-187 Conservation Agrmt - D'Aloisio & Rodriguez CITY OF ASHLAND-CONSERVATION DIVISION
CONSERVATION SERVICE CHARGE FINANCING PROGRAM AGREEMENT
A. BORROWER(S): ,iZJ�J O q Lo,\S i J E rJ.r z,A�/.✓ /Zc'OZ'�,��
ADDRESS:
B. ENERGY CONSERVATION MEASURES TO BE INSTALLED(see pwaQapt B below):
C. AMOUNT BORROWED(see paragraph C below): : 7 r j v
2. AMOUNT OF MONTHLY INSTALLMENT PAYMENT(ass Para~2 below):
Energy conservation service charge financing agreement dated 7 -t ,6 -ZQ t I between the
City of Ashland(City)and the above-named Borrowers). .
Recitals:
A. City has conducted on energy analysis of Borrower's residence located at the address described above
In Box A('tit residence*).
S. The City has recommended certain energy saving measures described above In Box B.
C. Borrower has or will Instep the energy conservation measures and desire to borrow from the City IM
amount specified above In Box C for the purpose of purchasing and Installs g such measures.
City and Sonowsr agree as fellows:
t'
Rawasantailon of hin 01W . Borrower whenever
context of this agreement. sin ( required o t1e
the
polar shag Include the plural)represents That eorrovvsr 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 charge remains unpaid, and that the residence currently receives
electrical service from the City of Ashland Department of Ehxft Utilities.
2. Promise to Pay by Borrnw.r, Borrower promises to pay City the sum speckled above In Box C (a such
lesser amount as shag equal the amount paid by City pursuant 10 paragraph 0 plus a 53900 service
charge)payable In monthly Installments as specified above In Box 2, with the flit instsgment due within
20 days after the tats of the real monthly utility billing a the Borrower for utility services to the residence.
monthly payment we be sham as separate line Item 10 the on he Borrower's es utilit and remittance may be
Included with the regular monthly utility payment.
2.2. No interest shall be charged by City unless Borrower Is in dafouil as described in
paragraph 0. In such case, Interest shall be charged at Ile rate provided in paragraph i
3. Payment by CiN. Subjed to the terms of INS gpreement. City shah pay the sum spacMed above in Box
C or the actual Installed cost of IM energy saving measures plus a 550.00 service sharps. whichever above
amount is less, to Ilea 8arrowsr upon City's approval of IM inslagstion and the submission d tit
appropriate invoices. The Invokes shall detsti the equipment cost and the labor cost as separate items for
each manure.
4. Assumption of Rot I11W1M by Borrower. 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 T D TO THE TO THE ADEIOUACY OR EFFECTIVENESS
OF THE ENERGY CONSERVATION MEASURES. Borrow further understands and agrees tine,
Borrower is solely responsible to purchase or install the energy conservation measures. provided however
PAC,F 1.rnNRFOVeT1nueeev6i-. .-------
that no payments shall be made by the City unless 0u conservation measures so Installed meat or
exceed the Cltys Energy Smart Design specNleatlons.The in•WMlon must comply with the applicable
coda and standards and 0te Borrower must obtain the neceserY permits.
S. . Borrower agrees to eland, tdemr*and save Cky. its off .employee and agents er
harmless from any and of losses,claims, aetlons. Cosa. OXPMM-Min ts l r loss
darnspe resuiling from"lo eery pwo (li dudkq allay reauMY+O
or destruction)to properly.of whatsoever nature arising out of or incident to do P otlssnldA Ngnated
agreement by Borrower(wxbx q but not Nmited to. Borrower's employees, agents. and
by Borrower,to pons work or services attrdard to this agreement). Borrower shall not be hold
responsible for damages caused by use negligence of City
0 prohibited. Energy corxtervaNan measures Installed pursued to
this agreement shall not be removed from the residence at any ume during that useful[No, unless such
measures cease to function and are Irreparable or unless they are temporarily removed for purposes of
repair.
7. QlONN. Time Is of the essence under this agreement. and a default shag occur when Borrower:
7.1. Falls to pay any Installment when due as provided In paragraph 0.
7.2. Moves from or fall to occupy the residence for a period of more than three consecutive
months, transfers the utility account to another, purchases electricity for the residence from another or
Beds or otherwise transfers the rookie nce to arty person, or
7.9. Falls to abide by the terms of this agreement
G. gam. In the event a default occurs:
0.1.All principal shall become Immediately due and collocate at use option of the City.
e.2.The City may oleo withhold payments for energy conservation measures, seek recovery,of
any loans made to Borrower,obtain spwft performance of Borrowers obligations under this agreement,
or seek other remedies available at law or In equity, Including,without limitation, the right to terminate.
Borrower's or water or electric service to the residence, or any other residence owned or controlled by
Borrower.
e.2.Any balance then remaining to be pale by Borrower to City shall bear Interest at the raft 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. Anontev Fees. 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 prevailing party shell be
entitled to recover from the other ply costs, disbursements and attorney fees incurred both at trial and
on appeal.
BAZ- CITY OF ASHLAND:
BY
B Director of Finance
CONTENT REVIEW: -
(Cdy Dept. Head)
FORM REVIEW:
Borrower SS (City Altorney)
Coding:
(for City purposes only)