SOLAR POWER INSTALLATION AND MAINTENANCE AGREEMENT

Transcription

1 SOLAR POWER INSTALLATION AND MAINTENANCE AGREEMENT This Solar Power Installation and Maintenance Agreement is made this day of, 20, by (name) of (address), Windsor Locks, Connecticut ( Grantor ) and the Chapman Chase Homeowners Association, Inc., a Connecticut non-profit corporation (Grantee). WHEREAS, THE: ARTICLE I - RECITALS A. Grantor is the owner of (Property Address) (The Property ), located at Chapman Chase, a planned community in Windsor Locks, Connecticut. B. Grantee is the Chapman Chase Homeowners Association, Inc., a Connecticut non-profit corporation, comprised of all members ( Unit Owner ) of the homeowners association (The Association ). C. Grantor desires to add to his/her/their owned unit solar panels pursuant to the Chapman Chase Solar Power Guidelines which is attached hereto, and incorporated herein, as Exhibit A. D. Grantor and successor owners of the Property agree to comply with all provisions of the Chapman Chase Solar Power Guidelines (Exhibit A). E. Grantee provides approval for the Grantor to install and maintain solar panels on the roof of their Unit subject to this Agreement, and the following: a. Providing the installed solar panels, accessories and equipment do not negate or detract from the natural beauty or aesthetics of the existing planned community; b. The solar panels, including installation and maintenance, in the sole opinion of the Board do not cause any damage to property, or alter any property, owned by the Association, or property owned by other Unit Owners; c. The solar panels, including installation and maintenance, do not cause any damage to trees, shrubs or other plantings, and that no trees, shrubs or other plantings are cut, pruned, altered, or removed either during installation and/or maintenance without the prior written permission of the Board; and, CCHOA Solar Panel Guidelines 3/21/2016 1

2 d. All solar panel mechanical equipment and electrical components are located within the interior of the Property, to the extent possible. ARTICLE II - TERM A. This Agreement shall be effective and continue until terminated as provided in Article IX. ARTICLE III SOLAR PANEL PLAN AND GUIDELINES A. Grantor has submitted a proposed solar power installation plan in compliance with the requirements of the Chapman Chase Solar Power Guidelines (Exhibit A), along with the required proof of insurance coverage for the Property and the installation contractor. B. As a condition of Grantee approval, Grantor has agreed to enter into this Agreement to ensure that the solar panels are installed and maintained in accordance with the approved plan, and in compliance with the Chapman Chase Solar Power Guidelines (Exhibit A). ARTICLE IV - MAINTENANCE A. Grantor, its heirs, successors or assigns agree to maintain the installed solar panels, equipment and accessories at the Property in perpetuity. B. If Grantor fails to adequately install, maintain and/or repair the solar panels, equipment and accessories at the Property, the Grantee may provide Grantor with written notice of such failure to adequately install, maintain or repair or, alternatively, Grantee may schedule a Unit Owner Hearing for Grantee in accordance with Connecticut Law. Following such Hearing, the Grantee shall provide Grantor with a reasonable opportunity to adequately repair and/or maintain the solar panels, equipment and accessories; however, in the event of an emergency, Grantee has the right to repair the solar panels, equipment and accessories, without notice to Grantor. C. In the event the Grantee performs any maintenance or repair on the installed solar panels, equipment and accessories pursuant to (B.) above, Grantee shall charge Grantor, and Grantor shall pay the reasonable costs of such work. If Grantee is required to bring action to recover such costs from Grantor, Grantee shall also recover its reasonable attorney s fees and costs, together with the interest at the rate of twelve percent (12%) per annum. D. Following Notice and Hearing Grantee may enforce the provisions of this Agreement in the same manner as any Rule or provision of the governing Instruments. In such event Grantor shall be responsible for any costs incurred by the Association including, but not CCHOA Solar Panel Guidelines 3/21/2016 2

3 limited to, reasonable attorney s fees and costs regardless of whether or not litigation is initiated. ARTICLE V ENFORCEMENT AND INDEMNIFICATION A. This Agreement may be enforced by Grantee in law or equity against the Grantor, its heirs, successors and assigns. B. The Grantor agrees to indemnify, defend and hold harmless the Grantee with respect to any claim, demand, suit, action, damage, cost and or expense to which the Grantee may be subject as a consequence or result of any negligence, negligence of Grantee, tort, contract or other liability pertaining to the solar panel installation and maintenance as per this Agreement. ARTICLE VI INSURANCE A. The Grantor shall provide Grantee with a Certificate of Insurance evidencing liability insurance on the Property with limits not less than $300,000. B. The Grantor shall provide Grantee with a Certificate of Insurance from the Grantor s solar panel installation and maintenance contractor evidencing General Liability Insurance and Automobile Liability Insurance with limits of $1,000,000 per occurrence and $2,000,000 in the aggregate, naming the Grantee as an Additional Insured on each policy; and evidence of Statutory Workers Compensation and Employers Liability coverage with limits of $500,000. ARTICLE VII SALE OF PROPERTY A. Upon sale of the property, the new Unit Owner (prospective buyer) must sign a new Solar Power Installation and Maintenance Agreement, and comply with the Chapman Chase Solar Power Guidelines, if they wish to continue to use the solar power system, equipment and accessories. B. If the new Unit Owner (prospective buyer) of the Grantor s Property does not wish to accept or maintain the solar power system, its equipment and accessories, the Grantor agrees to remove any solar power installation materials and all equipment and accessories at his/her/their expense and to restore the roof and other structures to its original condition, prior to any real estate closing by the new Unit Owner of the Grantor s Property. ARTICLE VIII TERMINATION A. This Agreement may be terminated by Grantor without cause at any time subject to the Grantor removing all solar power installation materials, equipment and accessories at CCHOA Solar Panel Guidelines 3/21/2016 3

4 the Grantor s sole expense, and to restoring the roof and other structures to its original condition. B. This Agreement may be terminated by the Grantee for cause upon material breach of the terms and conditions this Agreement by the Grantor, including the requirements and provisions in Exhibit A, the Chapman Chase Solar Power Guidelines. C. Any indemnification provision in this Agreement shall survive the termination if this Agreement. ARTICLE IX CONTROLLING LAW A. This Agreement shall be interpreted and construed in accordance with the laws of the State of Connecticut and the proper venue for any action shall be the Hartford Superior Court. A. MANDATORY NEGOTIATION. ARTICLE X DISPUTES The parties agree that they will attempt to negotiate in good faith any dispute of any nature arising under this agreement. The parties shall negotiate in good faith at not less than two (2) negotiation sessions prior to seeking any resolution of any dispute by any means under Dispute Resolution provisions contained herein below. Each party shall have the right to legal representation at any such negotiation session. B. MANDATORY MEDIATION. Any dispute or question arising under the provisions of this agreement which has not been resolved under the mandatory negotiation provision, shall be submitted to non-binding mediation before one (1) mediator agreed upon by the parties or appointed by the presiding Civil Judge for the Hartford Judicial District. Mediation proceedings shall take place at any suitable location in Windsor Locks, Connecticut or any contiguous Town (or as otherwise agreed) and shall be conducted in accordance with the rules for mediation then applicable of the Connecticut Bar Association. If an independent mediator is agreed upon by the parties, said independent mediator shall establish the rules and procedures of the mediation. Each party shall pay one half of all costs and expenses of such mediation. The parties shall use their best efforts to reach a good faith resolution of said dispute within ninety (90) days after the commencement of the mediation proceedings. Any decision of the mediator shall not be binding upon the parties except by agreement of the parties. C. ELECTION TO BEGIN COURT PROCEEDINGS. Provided the parties have completed the mandatory negotiation proceedings and provided the parties have completed the mandatory mediation proceedings if either party determines that mediation is not an appropriate means to settle any such dispute, such party shall have the right to commence judicial proceedings for the purpose of settling any such dispute. CCHOA Solar Panel Guidelines 3/21/2016 4

5 D. The provisions of Article X(A)(B)&(C) shall not apply to any party seeking equitable relief from the Hartford Superior Court including a Pre-Judgment Remedy until such time that a temporary Order may be entered. At such time, the parties will cease litigation and comply with the negotiation and mediation requirements of subsections (A)&(B) above. ARTICLE XI NONWAIVER OF RIGHTS A. Forbearance, neglect or failure of the Grantee to enforce any and all of the provisions of this Agreement, or insist upon strict compliance, shall not be construed as a waiver of any rights or privileges of the Grantee. ARTICLE XII NOTICE A. Any notice under this agreement must be in writing and either sent by first class mail, certified mail, or other by private delivery service such as UPS or FedEx. Notice to the Grantor shall be delivered to the Property address and notice to the Grantee shall be delivered to the official address of the Association, to the attention of the President. All notices are effective upon being sent. ARTICLE XIII ASSIGNMENT A. This Agreement shall be binding upon, and inure to the benefit of the parties hereto and their permitted assigns and successors. ARTICLE XIV ENTIRE AGREEMENT A. This Agreement supersedes all previous oral and written agreements on the same subject matter between the Grantor and Grantee and constitutes the entire and sole agreement between the parties. No change, alteration, or modification may be made except in a writing that expressly refers to this Agreement and is signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first written above. GRANTOR: Unit Owner By By Print Name(s) Date: CCHOA Solar Panel Guidelines 3/21/2016 5

6 GRANTEE: Chapman Chase Homeowners Association, Inc. By Print Name Title Date: CCHOA Solar Panel Guidelines 3/21/2016 6

7 I. Location of Solar Panels: EXHIBIT A SOLAR POWER GUIDELINES Chapman Chase Homeowners Association, Inc. 1) The location of solar (photovoltaic) panels will be a roof-mounted array on the front or rear of the unit. The highest point of a solar panel array will be lower than the ridge of the roof where it is attached. 2) The solar panel system will fit within the overall aesthetics of the community. 3) Only Low Profile Panels will be allowed. Ideally, roof conduit will be black if available. Ideally, conduit running from the roof to the inverter should be routed interiorly, but if not possible, it should be routed on an exterior wall, never the front wall of the unit, as inconspicuously as possible in the least contrasting color available. 4) Piping and electrical connections will be located directly under and/or within the perimeter of the panels, when possible, and placed as inconspicuously as possible when viewed from all angles. 5) The color of the solar system components should generally conform to the color of the roof shingles to the extent practical. 6) No components of the system will be affixed to or placed on common elements. It is understood that the emergency disconnect must be located on the exterior wall of the unit near the electric meter. 7) The inverter may only be located in the basement of the unit. 8) The roof structure will meet state, local and federal requirements to support a solar panel system. II. Solar Panel Installation: 1) The Solar Panel System Installer will design plans that are in accordance with the manufacturer s specifications for a roof solar panel system. 2) A licensed contractor will obtain a building permit and comply with any other local town ordinances. CCHOA Solar Panel Guidelines 3/21/2016 7

8 3) The system will meet all applicable safety and performance standards established by the National Electric Code, the Institute of Electrical and Electronics Engineers, accredited testing laboratories (such as Underwriters Laboratories), and, where applicable, rules of the Utilities and Transportation Commission regarding safety and reliability. 4) A licensed, bonded contractor will do the installation of all solar systems. 5) Applications submitted to the Board should include the following: i. A diagram drawn to scale by the licensed contractor installing the system showing where the system will be installed. ii. Photos of the roof area where the array will be mounted. iii. Material to be used and/or manufacturer s description of the system, photos and/or pictures of the system and color of the system. i. Document certifying compliance with NEC 2014 or later. The document will include the location and description of the device used to comply with Rapid Shutdown of PV Systems on Buildings. See Footnote 1. 6) The contractor must use solar panels with anti-reflective coating. 7) The Board shall provide a written response within 30 days. The Board s failure to respond within said time frame shall be deemed a denial of the request without prejudice. III. Other Requirements: 1) Unit owner is solely responsible for the cost of installation, maintenance and repair of the solar panel system. 2) Unit owner will be responsible for any damage to person or property caused by the solar panel system Rapid Shutdown of PV Systems on Buildings (safety feature to avoid injury to firefighters, owners or neighbors in the event of fire where roof must be vented). PV system circuits installed on or in buildings shall include a rapid shutdown function that controls specific conductors in accordance with (A) through (D). (A) Requirements for controlled conductors apply only to PV system conductors of more than 1.5 meters (5 feet) in length inside a building, or more than 3 meters (10 feet) from a PV array. (B) Controlled conductors shall be limited to no more than 30 volts and 240VA within 10 seconds of rapid shutdown initiation. Voltage and Power shall be measured between any two conductors and between any conductor and ground. (C) The rapid shutdown initiation methods shall be labeled in accordance with (B). (D) Equipment that performs the rapid shutdown shall be listed and identified. CCHOA Solar Panel Guidelines 3/21/2016 8

9 3) If unit is sold, new owners will assume all aforementioned responsibilities and requirements. 4) Unit Owner(s) must sign the Solar Power Installation and Maintenance Agreement. 5) The Board reserves the right to amend and/or revise the guidelines in the same manner that it adopts, amends, repeals rules. 6) The unit owner(s) shall record the signed Solar Power Installation and Maintenance Agreement with the Town of Windsor Locks at their expense. CCHOA Solar Panel Guidelines 3/21/2016 9