Ordinance No. 19287 - Laserfiche WebLink

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... ... ~ ~ 8~oa~s-aor3o AGREEMENT ~~'.Z$~'" DfFFERRING COI,l.ECTIDN DF ASSESSMENT AVOW Atl MEN BY THESE PRESENTS that Enda C. Bergman hereinafter described as OWNER, and the City of Eugene, a Municipal Corporation of the State of Oregon, hereinafter described as CITY, WITHESSETH: WHEREAS, the CITY has constructed a public improvement for sanitary sewer designated as Contract No. $4-25 , and, ,. WHEREAS, OWNER is the owner of the real property described as k~~~~73..az465 Tax tOt #~ 8-a~,o~-za-oz~ao located within the above proposed public improvement district, and, WHEREAS, the Owner's prnperty qualifies to have the collection of the assessment deferred for . the fallowing reasons(s): . Assessment paid by City; P~~perty is .not within-City limits ,NOW, THEREFORE, The CITY and the OWNER agree. that the collection of the assessment by the City and the payment by the OWN.£R in the amount of $ 8,88a. ~ 6 far the proposed public improvements levied as provided for by the Charter of the City o Eugene and the laws of the State of Dregan, and in accordance with the existing assessment policies of the City shall be postponed until such ti me as the fallowing condition(s) occurs: The'~±~raperty is annexed to the City of Eugene at which time the DWNfR or his successor in interest shall give written notice to the CITY that the condition(s) has occurred. The CITY shall give the OWNER ar his successor in interest written notice that the assessment is then due and payable. THE DWNER agrees that. when the above described deferral conditian(s} na longer exists and when so nati fled by the CITY, he or his heir or successor shall pay the assessment to the CITY in lawful money of the ~Jnited States of American; ar he will pay, said assessment in twenty semi-annual installments with interest thereon, at the current rate of interest being charged an Bancroft bonded assessments, said interest to be paid on said assessment from the date that the CITY notifies him that the assessment is due and payable, Said interest to be paid semi-annually in addition to the semi-annual principal payment. .Notwithstanding anything to the contrary contained herein, the OWPaER ar his successor in interest shall notify the CITY within thirty (3D) days that the condition(s) has occurred which terminates the reason for deferral. In .the event timely notice is not so given, interest shall accrue from the thirtieth {30th) day following occurrence of such condition(s). ' This Agreement shall be binding upon the heirs, executors, administrators, assigns, and personal representatives of the OWNER and shall be a covenant and condition running with the above described land and binding upon all subsequent owners of the above described real property, in addition to any other remedy herein contained, the OWNER and the CITY agree and covenant that in the event of default in the performance of the terms and conditions of this agreement by the Oi~'1~ER, the CITY may bring an action against the OWNER for damages for the breach thereof including but not limited to an action far specific performance in the Circuit Court of the State of Oregon for Lane .County. In any such suit or action the City may collect from the OWNER, in addition to its casts and disbursements, a reasanahle attorney fee herein., IN WITNESS WHEREOF', the CITY and the DWHER have entered into this agreement this _______. day of , 19 , OWNER: CITY OF EUGENE, OREGDt~, a Municipal Corporation of the State of Dregan STATE DF' OREGON, COUNTY OF LANE, ss: On this day of l g pe rsanally appeared before me, a Notary Public in and for said County, the within named to ne personally known to be the identical person described in and who executed the within instrument and acknowledged to me that executed the same free]y and vbiuntari]y for the uses and purposes therein named. iotary u it or regon My Corr;ission Expires: $y: City Manager STATE OF OREGON, C(~P~TY OF LANE, ss: On this day of 19 , personally came before me, a Notary Public in and for said County, the within named to me personally known to be the identical person described in and who executed the within instrument, and acknowledged to me that executed the same freely ar~d voluntarily far the uses and purposes therein named. WITNESS ray hand and seal this day and year last above written, Notary Public for Oregon My Commission Expires;