HomeMy WebLinkAbout2011-276 Conservation Agrmt - Gould CITY OF ASHLAND-CONSERVATION DIVISION
CONSERVATION SERVICE CHARGE FINANCING PROGRAM AGREEMENT
A. BORROWERS): Oorjak GouIA
ADDRESS:
31 0. rjc¢scj
B. ENERGY CONSERVATION MEASURES TO BE INSTALLED(see paragraph B below)
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C. AMOUNT BORROWED(see paragraph C below):
2. AMOUNT OF MONTHLY INSTALLMENT PAYMENT(sea paragraph 2 below):
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Energy conservation service charge financing agreement dated io/zthz 4p 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').
B. 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 to borrow from the City the
amount specified above In Box C for the purpose of purchasing and Instaling such mesguree.
City and Borrower agree as follows:
1, Risorasentailon of Ownership and Occupancy of Residence. Borrower(wwhenwer required by the
context of this agreement, the singular shag Include the plural)represents that Borrow is tln owner or
contract purchaser of the residence, that Borrow currently resides, and will continue to reside In.the
residence so long as the energy service Burge remains unpaid, and tlut.the residence currently receives
electrical service from the City of Ashland Department of Electric Utllties,
2. Prom'so to Pay by Bprrawar. Borrower promises to pay City the sum specified above in Box C (or such
lessor amount as she#equal the amount paid by City pursuant to paragraph 0 plug a $59.00 service
charge)payable In monthly Instalments as specified above M Box 2, with tlu first Instalment due within
20 days after the date of the next monthly utility billing to the Borrower for utlltly services to the naldence.
2.1. The monthly Installment she#be added to the Bor wwr's utility account for this residence.Ide. The
monthly payment will be shown as a separate line item on the Bomowars utility bill and remittance
may be
included with the regular monthly utilly payment.
2.2. No interest shag be charged by City unless Borrower is in default as described In
paragraph O. In such case. Interest shall be charged at the rate provided in paragraph 0.
3. Payment by City. Subject to tlo terms of Ihls agreement, City she#pay the sum specified above in Box
C or the actual Metaled 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 shelf dotal Ihg equipment cost and the labor cost as separate items for
each measure.
4. Assumption of Responsibility by Igmil ya►, 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 sot*responsible to purchase or Instal the energy conservation measures, provided however
that no payments shall be made by Uwe City union the The installation measures so Installed
�with the applicable
exceed the CWs Energy Smart Desipm spocillcaUona•
codes end standards and the Borrower must obtain the necessary permits.
5. jpdaMpMCMU. Borrower agrees to defend. Indemnity and.aCA CRY, its ofltcer,employees and agents
harmless from any and all inow claims. a:tiom, costs. expenses.Judgments, a �of+d�loss
damapos retW"from k#ry b awry pwm(�+d�q"rasultlnp
or destruction)to property, of whatsoever nab"arising out of or employees- a",Incident to the pert�Others designated
agreement let perform (���attendant ro Oft agreems ell) Borrower •shall not be held
ro
responsible for damages Caused by the negligence of City.
B Prohlbill Energy conservation measures Installed pursuant to
this agreement shall not be removed 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. Qtl". Time Is of the essence under this agreement, and a default shall occur when Borrower:
7.1. Fails to pay any Installment when due as provided.ln paragraph 0.
7.2. Moves from or falls to OCCUPY tit residence for a period of more than three consecutive
months, transfers the utility account to another• purchases electricity for the residence from another or
asps or otherwise transfers the residence to any person, or
7.5. Falls to abide by the terms of this agreement
e, Remedies. In the went a default occurs:
8.1.Alt principal shot become Immediately due and collectible at the 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 performance of Borrower's obligations under this agreement,
or seek other remedies available at law or In equity, Including,wwitihoul Imitation, the 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 than ramalnlnp 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 sit forth above are cumulative and not mutually exclusive, and the City may simultaneously
exercise any one or all of them.
e. Attorney Fees. if 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 attorney fees Incurred both at trial and
on appeal.
BORROWER(S): CITY OF ASHLAND:
lsao , 7,et By .LQ
Borrower SSN: Director of Finance o
CONTENT REVIEW: .t}�
(City Dept. Head)
FORM REVIEW:
Borrower SSN: (City Attorney)
Coding:
(for City purposes only)