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Home My WebLink About2011-257 Conservation Agrmt - Cantrell CITY OF ASHLAND-CONSERVATION DIVISION CONSERVATION SERVICE CHARGE FINANCING PROGRAM AGREEMENT A. BORROWER(S): C AEI A,+D 8.4,bjrA C.r.JTZZI I ADDRESS: (064/ OA B. ENERGY CONSERVATION MEASURES TO BE INSTALLED(see paragraph B blow):. HerFfT' PorP C. AMOUNT BORROWED(see paragraph C below): i ( g 2. AMOUNT OF MONTHLY INSTALLMENT PAYMENT(see paragraph 2 below): Energy conservation service Burge financing agreement dated 14D—J-2-W1 between 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 described 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 Instal the energy conservation measures and desires 10 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 follows: 1• Reoresentsilon of No and Occunancy of Residence. Borrow(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 charge remains unpaid, and that.ths residence currently receives electrical service from the City of Ashland Department of Electric utilities. 2, Promise to Pay by!lpnow.r. Borrower promises to pay City the sum specdW above in Box C (or such lesser amount as shall equal the amount paid by City pursuant to paragraph 0 plus a$5g 00 service charge)payable in monthly Installments as specified above in Box 2, with the Mt Instalment due within 20 days after the dab of the next monthly utility bNlg to the Borrower for ulli ty services to the residence. 2.1. The monthly Instalment shall be added to the Borrower's ullly account for the residence. The monthly payment win be shown as a separate fine Itsm on the Borrowaes utility bill and remltance may be Included with the regular monthly ullity payment. 2.2. No interest shat be charged by City unless Borrower is in default as described in paragraph 0. In such case, Interest shall be charged N IM rats provided in paragraph 0. 3. Payment by City. Subject to the terms of this agreement City shat pay the sum specNled above in Box C or the actual Installed cost of the energy saving measures plus a$50.00 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 shell dotal the equipment cost and the labor cost as separate items for each measure. 4. Assumption of Resconatbilflw bw Bont wr. 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 oer_c that no payments steal be made by dw City unless the Installation m must comply Installed wllh t mesit or exceed the Cltys Energy Small Design spocftd ores.The codes and standards and the Borrower must obtain the necessary permits. g. Imo. Borrower agrees to defend. Indemnify and save-City. its officer, employees and agents harmless from any and all losses,claims, actions,costs. exprnes,Judgments, «subopMbn` loses damages resulting from matey lo any person(Rndudkg racy rsuniti ng or destruction)to properly.of whatsoever nature rising out of or rneident to the pw b..am of this agreement by Borrower(Including but not limited to, Borrowers employees, agents, and others designated by sorrower to perform work or services attendant to Oft agreement). Borrower shall not be held responsible for damages caused by the negligence of CBy. S . Energy conservation measures Installed pursuant to this agreement shall not be removed from the reskence at any time during their useful life, unless such measures cease to function and are irreparable or unless they we temporarily removed for purposes of repair. 7. Quill. Time Is of the essence under this agreement, and a default shad occur when Borrower: 7.1. Falls to pay any Instalment when due n provided-In paragraph 0. 7.2. Moves from or fah to occupy the residence for a period of more than throe consecutive months,.transfers the utility account to another, purchases electricity for the residence from another or sells or otherwise transfers the rookie nee to any person, or 7.3. Fads to&bite by the terms of this agreement S. Remadle. In the event a del"occurs: S.t.All principal shal become immediately due and collectible at the option of the City. 5.2.The City may also withhold payments for energy conservation manures, seek recovery.of any loans made to Borrower.obtain specific performance of Borrower's obligations under tide agreement. or seek other remedies available at law or M equity, Including,witiaut limitation, the right to terminate. Barra ees or water or electric service to the residence, or any other residence owned or controlled by Borrower. 5.3:Any balance then remaining to be paid by Borrower to City shall bear Intomt 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 oral of them. g. Attorney Few a. 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 shall be entitled to recover from the other party costs, disbursements and&Somey fees incurred both of trial and on appeal. BORROWER(S): CITY OF ASHLAND: By SSN: Director of Finance CONTENT REVIEW: ,Q /J (City Dept. Head) f lIli yffAf, FORM REVIEW: Borrower SSN: (City Attorney) Coding: (for City purposes only)