BUILDING OWNER/MANAGER BASIC CONSENT

Transcription

1 BUILDING OWNER/MANAGER BASIC CONSENT Complete this Building Owner/Manager Basic Consent ( Consent ) as part of your tenant s application to participate in the Home Assistance Program. This Consent must be submitted with the Participant Application. If your tenant is eligible to participate in the Home Assistance Program and the energy audit determines your tenant and his/her unit are eligible, Toronto Hydro may install any energy efficient product and device (listed in Section 4 below) in the unit, determined by it at its sole discretion and at no cost to you. If you need assistance completing this form, please contact us toll free at HYDRO (49376). Completed forms should be submitted to: By Mail Attn: Home Assistance Program Green Saver 74 Six Point Road Toronto, ON M8Z 2X2 Toll Free Fax Building Owner/Manager Information: Building Owner/Manager name: Building Owner/Manager Phone Number: Address: Cell Phone Number: Building Owner/Manager Address: City: Postal Code: The Building Owner/Manager: owns manages the building Building Address: City:

2 Heating Account Holder: Building Owner/Manager Participant Electricity Account Holder: Building Owner/Manager Participant Electric Utility: Account Number: Gas Utility: Enbridge Union Kingston Kitchener NRG Other What type of heating does the building have: Electric Natural gas Other Only units that are heated by electricity are eligible to receive the programmable thermostat and Weatherization Measures House Type: Fully detached Semi detached Row house Mobile home Multi-unit low-rise (up to 3 storeys) Apartment in high-rise (4 or more storeys) Water Heating: Only units that have electric water heating are eligible to receive the efficient showerheads, aerators, hot water tank pipe insulation or hot water tank insulation 2. Participant Information: Participant Name: Unit:

3 3. Social and/or Assisted Housing: The Building is Social and/or Assisted Housing only if it is a residential non-profit residential building, developed or acquired and operated by one of: AND non-profit corporations under the Social Housing Reform Act, 2000 ( SHRA ) public housing corporations owned by municipalities directly or through Local Housing Corporations (as defined in the SHRA) non-profit housing co-operatives under the Co-operative Corporations Act, non-profit housing corporations that manage or own rural and First Nation residential housing, non-profit housing corporations that manage or own residential buildings under the Affordable Housing Program offered by the Ministry of Municipal Affairs and Housing non-profit organizations or municipal/provincial governments that manage or own residential supportive housing, shelters and hostels; The rental policy must require that any tenant admitted into the Building must currently receive and have received over the past twelve months financial assistance from one of the following: Ontario Works Ontario Disability Support Program (ODSP) Guaranteed Income Supplement (GIS) Allowance for seniors Allowance for the survivor National Child Benefit Supplement (NCBS) Utility LEAP Grant OR have a household income for the previous year that did not exceed: 1 occupant $29,931 2 occupants $37,261 3 occupants $45,810 4 occupants $55,617 5 occupants $63,081 6 occupants $71,144 7 occupants or more $79,209 (as may be amended from time to time). [OPA to update amounts as LICOs update]

4 The following documentation confirming the rental policy is attached: Rental policy Other: If the Building Owner/Manager owns the existing refrigerator, freezer, portable dehumidifier or window air conditioner, the Building must be eligible as Social and/or Assisted Housing to receive a replacement energy efficient appliance. To receive insulation, the unit must be Social and/or Assisted Housing. The Building is is not Social and/or Assisted Housing. 4. Energy Efficient Devices and Products The Building Owner/Manager agrees that Toronto Hydro may enter the unit to conduct the energy audit. If Toronto Hydro determines that the Participant and unit are eligible, Toronto Hydro may provide the energy efficient devices and products consented to below. Receipt of an energy efficient device or product is subject to the terms and conditions in this Consent (including footnote 1 below). The LDC may refuse to provide energy efficient products and devices at any time and for any reason, including due to conditions of the unit that would prevent energy efficient products or devices from resulting in electricity savings, failure to meet the Home Assistance Program terms and conditions, safety conditions or lack of funds. THE Toronto Hydro MAY DETERMINE AT ITS SOLE DISCRETION WHICH ENERGY EFFICIENT DEVICES AND PRODUCTS WILL BE PROVIDED AND MAY REFUSE TO PROVIDE ANY ITEM FOR ANY REASON. ENERGY EFFICIENT DEVICES AND PRODUCTS Owned by Building Owner/Manager Participant/ Consent Building Owner/Manager (Indicate Repairs P/BOM) Building Owner/Manager Initials Basic Measures

5 ENERGY STAR Qualified Compact Fluorescent Light Bulbs Efficient Showerheads 1 Efficient Aerators 1 Hot Water Tank Pipe Insulation 1 Hot Water Tank Insulation 1 The Building Owner/Manager consents to Toronto Hydro removing and disposing of existing incandescent light bulbs The Building Owner/Manager consents to Toronto Hydro removing and disposing of existing shower heads The Building Owner/Manager consents to Toronto Hydro removing and disposing of existing aerator 1 The unit must have electric water heating to receive this product. If Toronto Hydro determines that the unit is eligible for energy efficient products and devices in addition to the ones listed above, the Building Owner/Manager must also complete the Building Owner/Manager Extended and Weatherization Consent form to receive any additional item. 5. Terms and conditions: By signing and submitting this Building Owner/Manager Consent, the Building Owner/Manager agrees that: 1. All information contained in this Application is complete, true and accurate. 2. The Building Owner/Manager represents and warrants that it owns the building and/or has all necessary rights and authority to consent to the provision of energy efficient products and devices to a unit within the Building, subject to the relevant tenant s consent. 3. The Building Owner/Manager agrees that Toronto Hydro may, subject to the relevant tenant s consent, conduct an energy audit of the said unit and may deliver any of the energy efficient devices and products initialled above at the said unit, and remove and dispose of the existing appliance or fixture. 4. The Building Owner/Manager confirms that any newly installed energy efficient refrigerator, freezer, window air conditioner or dehumidifier provided will become the property of the person who owned the replaced refrigerator, freezer, window air conditioner or dehumidifier. 5. The Building Owner/Manager shall not remove any fixture or appliance, where the new appliance is the Building Owner/Manager s property, for a minimum period of four years from the date it was installed.

6 6. The Building Owner/Manager will participate in any follow up surveys, studies, audits, evaluations or verifications conducted by Toronto Hydro and/or the Ontario Power Authority ( OPA ) and/or their respective agents (the LDC, the OPA and their respective agents collectively referred to as the Home Assistance Program Operators ) in connection with the Home Assistance Program, including for the purpose of proper administration, monitoring and verification of delivery of the energy efficient product or evaluation of the Home Assistance Program, and will provide to the Home Assistance Program Operators reasonable access to the Building Owner/Manager s records and the building for such purposes. 7. The Building Owner/Manager hereby consents to the collection, use, disclosure and other handling of any information it provides to the Home Assistance Program Operators, including personal information and records showing historical energy use and consumption (the Building Owner/Manager Information ) by the Home Assistance Program Operators for purposes relating to the operation, administration or assessment of the Home Assistance Program, and in connection with any reporting activities relating to the Home Assistance Program, which shall include, without limitation: (i) sharing of Building Owner/Manager Information among the Home Assistance Program Operators; (ii) use by the Home Assistance Program Operators of the Building Owner/Manager Information provided to conduct, analyze and report on the results of surveys and to modify the Home Assistance Program based on such surveys; and (iii) disclosure to the Ontario Energy Board, the Independent Electricity System Operator, the Ontario Ministry of Energy or the Ontario Environmental Commissioner and/or the local gas utility, or their respective successors. 8. All right, title and interest in and to all benefits or entitlements associated with decreased environmental impacts now or in the future, direct or indirect, arising as a result of, relating to or in connection with the electricity savings or demand savings for which the energy efficient devices and products have been provided, and the right to quantify and register these, including without limitation, any energy efficiency certificate, renewable energy certificate, credit, reduction right, offset, allocated pollution right, and emission reduction allowance (collectively, the Environmental Attributes ) are hereby transferred and assigned, or to the extent transfer or assignment is not permitted, held in trust for, by the Building Owner/Manager to or in favour of Toronto Hydro, in its capacity as agent for and on behalf of the OPA, and not for Toronto Hydro s own benefit. Until the OPA notifies the Building Owner/Manager otherwise, Toronto Hydro, in its capacity as agent, shall be entitled, unilaterally and without the consent of the Building Owner/Manager, to deal with such Environmental Attributes on behalf of the OPA in any manner Toronto Hydro determines. The Building Owner/Manager acknowledges that the OPA may direct the Building Owner/Manager in the same manner as Toronto Hydro and that until the OPA notifies the Building Owner/Manager otherwise Toronto Hydro may direct the Building Owner/Manager to take such actions and do all such things necessary to certify, obtain, qualify and register with the relevant authorities or agencies such Environmental Attributes for the purpose of transferring, assigning, or holding in trust, such Environmental Attributes to and for the OPA, and the Building Owner/Manager shall comply with any such directions, and the Building Owner/Manager will be entitled to reimbursement of the cost of complying with such direction, provided that Toronto Hydro, acting reasonably, has approved such cost in writing prior to the cost being incurred by the Building Owner/Manager. 9. Toronto Hydro and the OPA may publicize the Building s participation in the Home Assistance Program. 10. Neither of the OPA nor Toronto Hydro nor any of their respective officers, directors, employees, affiliates and such affiliates respective officers, directors or employees (together, Representatives ) will be liable for any injury, damage or loss to persons or property (including without limitation any economic loss, loss of goodwill, loss of profit or any direct, indirect, special or consequential damages, and any costs, losses, expenses, fees, liabilities, obligations, causes of actions, suits, proceedings, debts, penalties and demands arising there from or connected therewith of any nature or kind whatsoever, arising from or related to the audit,

7 installation or the use of the energy efficient devices or products, whether in accordance with the manufacturer s instructions or otherwise, or from any actions, negligence or misconduct by Toronto Hydro, the OPA, their respective Representatives, or any contractor who delivers the energy efficient devices and products, and the Building Owner/Manager hereby releases the OPA, Toronto Hydro, and their respective Representatives of, from and against any of the foregoing. 11. Except as specifically set forth or referenced in this Consent, there are no representations, warranties, or conditions of either party to this Consent, express, implied, statutory or otherwise, regarding any matter, including any implied warranties or conditions of quality, workmanship, safety, legal compliance or fitness for a particular purpose. Without limiting the generality of the foregoing, the Building Owner/Manager acknowledges that its participation in the Home Assistance Program is based upon its own assessment of the Home Assistance Program and not on any reliance on anticipated or projected results, and that such participation may not result in the achievement of any electricity savings or demand savings, which are expressly disclaimed by the Building Owner/Manager. 12. Except as otherwise provided, this Consent constitutes the entire agreement between the parties in connection with its subject matter and supersedes all prior representations, communications, negotiations and understandings, whether oral, written, express or implied, concerning the subject matter of this Consent. This Consent may not be varied, amended or supplemented except by an agreement executed by both of the parties. This Consent will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The invalidity, unenforceability or illegality of any provision in this Consent will not, to the extent permitted by Applicable Law, affect the validity, enforceability or legality of any other provision of this Consent, which will remain in full force and effect. 13. This Consent will ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. This Consent may not be assigned by the Building Owner/Manager to another person other than an affiliate except with the prior written consent of Toronto Hydro, which consent may be unreasonably withheld or delayed. 14. Except as provided in Sections 6, 7, 8, 9 and 10 this Building Owner/Manager Consent is solely for the benefit of: (i) (ii) Toronto Hydro and its successors and assigns, with respect to the obligations of the Building Owner/Manager under this Consent, and the Building Owner/Manager and its successors and permitted assigns, with respect to the obligations of Toronto Hydro under this Consent; and this Consent will not be deemed to confer upon or give to any other person any claim or other right or remedy. 15. The Building Owner/Manager shall not use the energy efficient devices or products as a basis for applying to the Landlord and Tenant Board (being the Board in the Residential Tenancies Act), for an increase in the annual rent amounts paid by such tenants above the annual rent-increase guideline permitted under the Residential Tenancies Act. 16. This Consent may be executed and delivered by facsimile transmission or by any other method of electronic execution and the parties may rely upon all such signatures as though such signatures were original signatures. 17. Each party to this agreement will comply, in all material respects, with all laws and regulations required to be

8 complied with in the performance of its obligations hereunder. BUILDING OWNER/MANAGER/LEGAL COMPANY NAME: AUTHORIZED SIGNATURE: DATE: NAME: TITLE: AUTHORIZED SIGNATURE: DATE: NAME: TITLE: I/we have authority to bind the Building Owner/Manager Received by (Toronto Hydro Representative), Name: