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Home My WebLink About2011-273 Conservation Agrmt - Rene CITY OF ASHLAND-CONSERVATION DIVISION CONSERVATION SERVICE CHARGE FINANCING PROGRAM AGREEMENT A. BORROWER(S): /"1rr4A,✓,-r 12-e-.49— ADDRESS: Z36C: LaQ,A�c DZ:✓e B. ENERGY CONSERVATION MEASURES TO BE INSTALLED(sas paragraph B bobwrr C. AMOUNT BORROWED(ses paragraph C below): : 1 17s- - 2. AMOUNT OF MONTHLY INSTALLMENT PAYMENT(see paragraph 2 below): Energy conservalion service charge financing agreement dated /Zo I t between (M City of Ashland(City)and the above-named Barrow" s). . Recitals: A. City has conducted an energy analysis of Borrowers 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 Install the energy conservation manures and desires to borrow from the City the amount specified above In Box C for the purpose of Purchasing and Installing such measures. City and Borrower agree n knows: I' Borrower(whenever required by me context of this apeemeM the sinWer shad Include tit plural)represents that Borrower Is the owner or contract purchaser of the residence. net Borrower currently resides. and will tontine.b reside in the residence so long as 1M energy service charge remains unpaid, and that IM residence currently rws4ves sbcMcal service from the City of Ashland Department of Electric UtNitin. 2. Promise to Pay by Bor►nwer, Borrower Promises to Pay Ciy the sum spectlled above In Box C (or such lesser amount n shad equal the amount paid by City pursuant to paragreph 0 plus a 859.00 service charge)payable in monthly Instalment@ as apecnlad above In Box 2, with the Ilrst instalment dos within 20 days after tit dab of the next monthly utility bill"to the Borrower for utility services lo the residence. 2.1. The monthly Installment shall be added to IM Borrowers utility account for the residence. The monthly payment will be shown as a separate line Item on the Borrower's utility bill and remittance may be Included with the regular monthly utility payment. 2.2. No interest shall be charged by City unless Borrower is In defoull as described in paragraph 0. In such case, Interest shed be charged at IM rate provided in paragraph 0. 3. Payment by Q . Subject to the terms d this agreemenl. City shit pay the sum apecitled above in Box C or the actual installed cost of tit energy saving measures Pius a$50.00 service charge, whichever amount is less, to the Borrower upon City's approval of IM insladadon and the submission of the appropriate invoices. The invoices s.holl dated the equipment cost and the labor cost as separate items for each measure. 4. Assumption d Responsibdav by Borrowr_ THE CITY MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE FITNESS OR MERCHANTABILITY OF THE ENERGY CONSERVATION PARTICULAR PURPOSE, INCLUDING BUT NOT LIMITED 0 TH SUITABILITY A EOUACY OR EFFECTIVENESS OF THE ENERGY CONSERVATION MEASURES. Borrower further understand$and agrees that Borrower is Sol"responsible to purchase or install the energy conservation measures, provided however PAGIF 1•CANRGOVennu cenu�n� ____. ._ M N that no payment shit be made by the City urnless the The Malala0on must omply with the apples exceed the City's Energy Smart Design sp*dit iorn. codes and standards and the Borrower must obtain the necessary Pormib. g, Wditinaft9M. Borrowar agrees to def end. Indemnity and sm,Cky. ib officer.employees and agents harmless from any and all bases,claims, actlom,cosh, expenses,hrdpm�b;or �s damages MuM V from knjrry b any p«�(I+Wdlnp Ir+Itay resulting or destruction)to properb. of whatsoever nature arising out of or Incident b the performance of Urfa limited to, by Borrows►to perform services�atiendent to of agreement).ent) Borrower shit not�desipnated agreement by Borrower(W"AV but responsible for damages caused by the negligence of City. 8 . Energy conservation measures Installed pursuant to this agreement shall rat be.anoved from the residence at any time during their useful life,unless such measures cease to function and are Irreparable or unless they are temporarily removed for purposes of repair. 7. Qj[didis. Time is of IM essence under this agreement, and a default shall occur when Borrower 7.1. Fads 10 pay any Installment when due es provided In paragraph 0. 7.2. Moves from or fads to occupy the residence electr�ity for the reside from rom another or of more then thres consecutive months. transfers the utility account to another, purchases sells or otherwise transfers IM residence to any person. or 7.9. Fads to abide by the terms of this agreement a. SOMA". In the event a default occurs: 8.1.AM principal shall become Immediately due and collectible at the option of the City. 8.2.The City mey also withhold payments for energy conservation measures, seek recovery,of any Irons made to Borrower, obtain specific performance of Borrower's obligations under We agreement. or seek other remedies available at law or In equity, Including,witlnout limitation, tit right to terminate. Borrower's or water or electric service to the residence, or any other residence owned or controlled by Borrower. 8.9.Any balance linen remaining to be paid by Borrower to City shall ben Intend at the rate of one percent per month beginning from the dab 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. AIQMgXEeel. 8 a k gat action Is commenced b enforce any of the Provisions of this agreement,any court, the including,without entitled ro recover trote the ahmr�palenyaeoen mediation. andlesUon+ey lees Icurrad boo trial and an appeal. I BORR WER1S): CITY OF ASHLAND: BY �- Borrower SSN: Director of Finance CONTENT REVIEW: ' (City Dept. Head) FORM REVIEW: Borrower SSN: (City Attorney) Coding: (for City purposes only)