Multifamily Buildings (5 or more units)
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1 May 2017 Multifamily Buildings (5 or more units) Full-Service Energy Efficient Building Services Authorization and Agreement for Multifamily Rental Building Energy Assessment Building Contact Information Contact person name: Title (owner, site manager, etc.): Years of experience with this building: Mailing address: Street address City ZIP Phone number: Fax number: address: Building Information Building name (if applicable): Building address: Street address(es) City Zip Are the monthly rental prices in your building under 80% average median income? No Yes Receiving financial assistance (such as Section 8)? No Yes. Total number of subsidized units: Type of financial assistance (Select any that apply.) Section 8 Project Based Financing Section 8 Vouchers (from IDHA, CHA or Cook County) Chicago Low Income Trust Fund Tax Credits Other, Please Describe: Holder of First Mortgage: Balance $: Year Property was Built (Year of Construction): Year(s) of major renovations: Do you have plans for renovation work at this property? No Yes (Please provide plans, scope of work, pricing, etc.): Please continue to page 2.
2 Authorization and Agreement for Multifamily Rental Building Energy Assessment, page 2 Rental Units Number of heated floors: Total number of units: Total number of occupied units: List number of each type of unit below. Utilities Natural gas utility: People s Gas Nicor North Shore Gas Account number(s):* Studio: One-bedroom: Two-bedroom: Three-bedroom: Four-bedroom: Other: Electric Utility ComEd Account number(s):* Occupants Total number occupants: Meter number(s):* Average number of daytime occupants: Average number of nighttime occupants: HVAC systems (check all that apply) Primary heating fuel: Natural gas Electric Type of heating system: Central steam boiler Central hot water boiler Individual forced air furnaces Electric Baseboards Electric Heat Pumps Electric Ceiling Heat Air conditioning: Central AC Window units. Number of units: None Water utility: City of Chicago Account number(s):* *Please separate multiple account numbers with a comma. Utility Bills Please indicate which party pays for which utility. It is assumed that owners pay for all common area utilities. Living unit space heat: Tenant Owner Hot water: Tenant Owner Electricity: Tenant Owner Cooking gas: Tenant Owner Please continue to page 3.
3 Authorization and Agreement for Multifamily Rental Building Energy Assessment, page 3 Additional Information How did you hear about Elevate Energy's building services? (Check all that apply): I ve worked with Elevate Energy on a previous project. Event. Please list: Community Investment Corporation City of Chicago (i.e. Retrofit Chicago, Chicago Housing Authority). Please list: Professional organization (i.e. BOMA, Chicago Apartment Association). Please list: Community organization (i.e. Chamber of Commerce, Religious institution):please list: Elevate Energy staff (i.e. energy analyst, outreach staff). Please list: Internet (i.e. Elevate Energy website, web search, social media). Please list: Community newsletter or blog. Please list: News (i.e. Chicago Tribune, WBEZ). Please list: Word of mouth (i.e. Contractor, Realtor, other building owner). Please list: Other. Please list: What are your goals for this project? (Choose up to two): Control operating costs Individual maintenance upgrades Tenant retention Control capital costs Investment/rehab Tenant comfort Energy savings Improve resale value Preserve affordable housing Application and Agreement for Multifamily buildings AUTHORIZATION The person or entity named in this application ( Participant ) represents that it is the owner and/or manager of the building(s) specified in this application (the Building ). Further, the person who submits this application represents that he or she is authorized to enter into and perform this Agreement on behalf of Participant including, without limitation, to provide the information and access, and perform other duties required for participation in Elevate Energy s Full-Service Energy Efficient Building Services Program (the Program ). Name (please print) Date Signature Please return this form to Energy Savers: Mailing address: Elevate Energy, 322 S. Green St., Suite 300, Chicago, IL Phone: Fax: buildings@elevateenergy.org Please review terms and conditions on page 4.
4 Authorization and Agreement for Multifamily Rental Building Energy Assessment, page 4 Program Terms and Conditions I. AGREEMENT By submitting this application, I agree that I am entering into a legally binding agreement with Elevate Energy, an Illinois not-for-profit corporation ( Elevate, we or us ), and that I am subject to the terms and conditions set forth in this application (these Terms ). Any reference to Participant, you or your in these Terms shall mean the Participant named herein and anyone acting on Participant s behalf including any officer, director, employee, contractor, agent, attorney, representative, heir, executor, administrator, insurer, assign, successor, tenant, licensee, invitee, occupant or any other person or entity. Any reference to we, us or our shall mean Elevate Energy including its officers, directors, employees, agents, contractors, affiliates, successors and/or assigns. II. PARTICIPANT COOPERATION You agree that your cooperation in the Program, including providing access to energy billing records and those areas and systems of the Building requested by Elevate, in its reasonable discretion, is crucial to the success of the Program. You further agree to cooperate, provide information and access in a timely manner. III. YOUR INFORMATION Participant agrees that Elevate may use any data or information Elevate obtains as a result of Participant s participation in the Program including, without limitation, your utility account data including the Utility Data as defined below, information we may obtain as the result of the assessment, a site visit or information you may otherwise provide ( Data ) for any Program purpose including, without limitation, performing our work in connection with the Program, assessing the Program, conducting research, developing new programs, services and/or products and obtaining additional funding in support of Elevate s work. We may also use your personal information to contact you about the Program or other programs that we administer. We may share Data and/or your personal information with other organizational partners, agencies and vendors working with Elevate including, without limitation, our funders, housing finance agencies and other organizations involved in the Program (each a Program Affiliate ). In addition, we may share your personal information to comply with law or legal requirements, enforce or apply these Terms and other agreements, or to protect our rights or property or to protect the safety of us or others. We will not make any of your personal information available to non- Program Affiliates unless it is de-identified and/or aggregated in a manner that prevents you from being identified. Participant may revoke this Data access authorization at any time by making a request in writing to Elevate, provided, however, that, except as otherwise provided in these Terms, you acknowledge that such revocation will be prospective and will result in termination of your participation in the Program. IV. UTILITY DATA AUTHORIZATION You understand that Elevate seeks access to Participant s utility usage information for each of the utility accounts you provided above or otherwise provided by you in connection with the Program (collectively the Utility Data ). The Utility Data may include your utility bill history, utility usage levels (including but not limited to, electricity usage levels for distinct time periods no longer than 60 minutes to the extent that information has been recorded and retained by your electricity utility provider) and other information provided by each utility for which you ve provided an account number above. With respect to your electricity usage information, you authorize your electricity utility to provide your electricity usage information to Elevate solely for the purpose of participating in the Program as specified in these Terms. Elevate acknowledges that you do not authorize use of the Utility Data for purposes other than those explicitly authorized in these Terms. Elevate may disclose your Utility Data to its contracted third party vendors or its affiliates for this purpose only. Elevate, its affiliates and its third-party vendors will not sell or license your electricity usage information to any other party for any purpose. You authorize the utilities specified above to provide Elevate your Utility Data, which may include electricity usage information for the previous 24 months as well as 24 future months. This authorization to access and use your Utility Data will expire (a) immediately upon the occurrence of any legally mandated expiration which, for your electricity usage information, is 24 months after your submission of this application to Elevate, or (b) upon notification by you to Elevate or to the relevant utility that you have revoked Elevate s authorization to access your Utility Data.
5 Authorization and Agreement for Multifamily Rental Building Energy Assessment, page 5 Program Terms and Conditions You understand that you can report any concerns about your rights under this authorization and Elevate s or the relevant utility s compliance with its duties under this disclosure to: ILLINOIS ATTORNEY GENERAL S CONSUMER FRAUD DIVISION Chicago: ; (TTY) Springfield: ; (TTY) Carbondale: ; (TTY) OR ILLINOIS COMMERCE COMMISSION CONSUMER SERVICES DIVISION V. PROGRAM TERM Elevate may terminate the Program, or your participation in the Program, at any time upon notice to you. You may terminate your participation in the Program at any time upon written notice to us. The provisions of these Terms that, by their nature, should survive expiration or termination of the Program or your participation in the Program, shall survive including, without limitation, Elevate s rights in and to any environmental attributes and to Data obtained prior to the date of expiration or termination. VI. DISCLAIMER Participant acknowledges that energy and/or cost savings are subject to a number of variables over which we have no control including, without limitation, fuel prices, weather, occupant behavior, maintenance activities and additional factors. Elevate makes no representation or warranty of any kind including, without limitation, that your participation in the Program will result in reduced energy consumption, energy use savings, reduced building operating costs, any benefit of any kind; of the accuracy or completeness of any information, data, reports or other materials in whatever form or format; or of the continued safety, performance or cost-effectiveness of any information, materials, equipment, product, system, facility, procedure or policy discussed, provided or recommended by us. Use of or reliance on any of the foregoing by Participant is at Participant s sole risk. VII. LIMITATION OF LIABILITY; INDEMNIFICATION. Elevate shall not be liable for injury to or death of any person or damage to any property (including the Building) in connection with the Program or otherwise, except to the extent caused by the sole gross negligence or willful misconduct of Elevate. You agree to indemnify Elevate and hold it forever harmless from and against any loss, cost, damage or expense, including reasonable attorneys fees and costs, arising out of or relating to your participation in the Program and/ or Participant s acts or omissions. IN NO EVENT WILL ELEVATE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OF ANY KIND. VIII. INSURANCE You agree that you have and will maintain during the Program term adequate liability insurance in the forms and amounts standard for operation of the Building and sufficient to protect Participant and any party to whom you have an obligation to indemnify under these Terms. Upon request, you will furnish to Elevate insurance certificates evidencing such coverage. IX. ENVIRONMENTAL ATTRIBUTES You agree that Elevate shall receive all current and future environmental attributes associated with your participation in the Program, of any kind or nature, including but not limited to renewable energy credits or certificates, emission credits or allowances, carbon credits or any other credit(s) or allowance(s) resulting from the services performed by Elevate Energy, including any work or services recommended by Elevate Energy and performed by a third party. You agree to execute any additional documentation reasonably required to confirm Elevate Energy s right in and to such environmental attributes.
6 Authorization and Agreement for Multifamily Rental Building Energy Assessment, page 6 Program Terms and Conditions X. INDEPENDENT CONTRACTORS The parties are and shall be independent contractors to one another, and nothing herein shall be deemed to cause these Terms to create an agency, partnership, joint venture, employee-employer or principal-agent relationship between the parties. XI. ENTIRE AGREEMENT; MODIFICATION These Terms set forth the entire agreement between you and Elevate with respect to the Program. Any prior agreements, whether written, oral or otherwise expressed are superseded by these Terms. From time to time, we may modify these Terms We will notify you of any material changes by sent to the address we have on file for you. Your continued participation in the Program upon any such modification will affirm your agreement to these Terms, as modified. You agree that your participation in the Program will comply with all applicable laws, rules, ordinances and regulations including, without limitation any law and/or regulation regarding operation of the Building. Neither the course of conduct nor trade practice will act to modify these Terms. These Terms do not confer any third-party beneficiary rights. XII. ASSIGNMENT You will not assign or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Elevate. Any purported assignment or delegation by you without the appropriate prior written consent of Elevate will be null and void. Elevate may assign these Terms or any rights hereunder without your consent. XIII. SEVERABILITY If any provision of these Terms is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable and will not affect the validity and enforceability of the remaining provisions, which will remain in full force and effect. XIV. GOVERNING LAW The Program, including these Terms shall be in all respects governed by and construed in accordance with the laws of the State of Illinois without regard to the conflict of law provisions thereof.
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