HomeMy WebLinkAbout2011-231 Conservation Agrmt - Barlow CITY OF ASHLAND-CONSERVATION DIVISION
CONSERVATION SERVICE CHARGE FINANCING PROGRAM AGREEMENT
A. BORROWER(S): 9�,rbj dge-tow
ADDRESS:
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B. ENERGY CONSERVATION MEASURES TO BE INSTALLED(sea paragraph B below►:.
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C. AMOUNT BORROWED(sea paragraph C below): f zoc.B3
2.AMOUNT OF MONTHLY INSTALLMENT PAYMENT(see paragraph 2 below):
Energy conservation service charge financing agreement dated _ between the
City of Ashland(City)and the above-named Borrower(*).
Recitals:
A. City has conducted an energy analysis of Borrowers 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 le borrow from the City the
amount specified above In Box C for the purpose of purchasing and In*taging such measures.
City and Borrower agree as follows: ,
1. Reoretintaflon of Ciwnershlo and Occupancy of Residence, Borrower(whenever required by the
context of this agreemeriL the singular shag Include die plural)represents that Borrower is the owner or
contract purchaser of Me residence, that Borrower currently resides, and wig continue to reeids In the
residence so long as the energy service charge remains unpaid, and tliat.tlie residence currently receives
electrical service from the City of Ashland Department of Electric U1116".
2. Promise to PAY by Borrower. Borrower promises to pay City the sum specified above In Box C (or such
lesser amount as shag equal the amount paid by City pursuant to paragraph o plug a: 00 service
charge)payable in monthly Installments as epecMlsd above In Box 2, with the first installment due within
20 days after On data of the rigid monthly utility bEft to Ilia Borrower for utility service*to the residence.
2.1. The monthly Installment shag be added to the Borrorw s utility account for gig residence. The
monthly payment will be shown as a separate line Item on the Borrowers ulglly bit and remittance may be
Included with the regular monthly utility payment.
2.2. No interest shit be charged by City urges* Borrower b In default as described In
paragraph 0. In such ass, Interest shag be charged at the rate provided in paragraph 0.
3. Payment by Cib. Subject to the terms of this agreement. City shall pay the gum specified above in Box
C or IM actual Installed cost of the energy saving measures plus a$50.00 service charge, whichever
amount is less, to the Borrower upon Cify'o approval of the installation and the submission of the
appropriate invoices. The invoices shag doted Iles equipment cost and the labor cool as separate items for
each measure.
4. Assumoticn of Resoonaibilb 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 ADEQUACY OR EFFECTIVENESS
OF THE ENERGY CONSERVATION MEASURES. Borrower lxtlxir understand,and agrNe that
Borrower is soles responsible to purchase or Install the energy conservation measures, provided however
CAfIC
L
that no payments shag be made by the City uNess to The moomms so Installed
must comply with the mapplicable
exceed the City's E1wpy Smart Design Woctlldttlora.
codes and standards and to Borroww must obtain the necessary Permits-
5. lam. Borrow agrees to defend, Indemnify and.save'Cigr. its offices,employee and agents
harmless from any and all losses,claims. actions.costs. expemet,ptdpnlo nnwft- wsuW tloNo •
damage resuMUng from k+jury lo any person(kukrdkq"man g
or destruction)to properly, o f whatsoever nab"@ruing out o f O r o ncrlder 1 lo the P others designated
agreement by Borroww(InckAng but not limited to. BoMm s employees, agents. and
by Sonoww to perform work or services altwndant to this agreement). Borrower shall not be held
responsible for damage caused by the negligence of City.
9 , Energy conservation measures Installed pursuant to
this agreement shall not be removed from the residence at any time during their useful Its, unless such
measures cease to function and are Irreparable or unless they we temporarily removed for purposes of
repair.
7. Ulljob. Time is of the essence under this agreement. and a default shag occur when Borrower:
7.1. Falls to pay any Installment when der as provided.in paragraph t),
7.2. Moves from or fall to occupy the residenc a�for the than three from consecutive
otw or
months,.transfee the utility aaxxmt to another, purchases
sons or otherwise transfers the residence to any person, or
7.3. Falls to abide by the terms of Ihts agreement
e, gam. In the event a default occurs:
S.1. AD principal shall become immediately due and collectible at the option of the City.
6.2.The City.may also withhold payments for energy conservation measures, seek recovery,of
any Irons made to Borrower, obtain specific performance of Borrower's obligations under this agreement,
or seek other remedies avagable at law or In equity, Including,without limitation, the right to terminate.
Borrower's or water or electric service to the resklence, or any otw residence owned or controlled by
Borrower.
e.3. Any balance then-remaining to be pail by Borrower to City shall bear Interest at the rate of
one percent per month beginning from the date of default.
All remedies set forth above we cumulative and not mutually exclusive, and the City may simultaneously
exercise any one or all of them.
g. At wnsv Fee a. if a legal action Is commenced to enforce any of IM provisions of this agreement,
Indudingp ,,without limitation, arty arbitration, mediation, or action In any court. the prevailing party shag be
entitled to recover from the other party costs, disbursements and attorney fees Incurred both el trial and
on appeal.
B RROWER(S): CITY OF ASHLAND:
Bq Se SN: Director of Finance
CONTENT REVIEW: 0�0—
(City Dept. Head)
�� FORM REVIEW:
Borrower SN: (City Attorney)
Coding:
(for City purposes ally)