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840024-0040
<br />AGREEMENT ~q,~~~'
<br />DEFFERRING CO~.E.ECTION OF ASSESSMENT
<br />KNCW AEL hiEN BY THESE PRESENTS that Gearae Da 1 e Wats On and La i s 0 WatS an
<br />~;
<br />hereinafter described as OWNER, and the City of Eugene, a Municipal Corporatian of the State of
<br />Oregon, hereinafter described as CITY,
<br />WITNESSETH:
<br />WHEREAS, the CITY has constructed a public improvement for
<br />sanitary sewer
<br />designated as Contract No. 8~- 2 ~ , and:
<br />WHEREAS, OWNER is the owner of the real property described as R163/17Z73
<br />Tax l.ot #18-04-0~-00-04602
<br />located within the above proposed public improvement district, and,
<br />WHEREAS, the Owner's property qualifies to have the collection of the assessment deferred far
<br />the following reasons(s): .
<br />Assessment paid by City; Property i~s not within City limits
<br />NOW, THEREFORE,
<br />The CITY and the OWNER agree that the collection of the assessment by the City and the payment
<br />by the OWNER in the amount of $ far the proposed public improvements levied as
<br />provided far by 'the Charter of the City a Eugene and the laws of the State of Oregon, and in
<br />accordance with the existing assessment policies of the City shall be postponed until such time as the
<br />following conditions} occurs:
<br />The praperty is annexed to the City of Eugene
<br />at which time the OWNER or his successor in interest shall give written notice to the CITY that the
<br />conditions} has occurred. The CITY shall give the OWNER or his successor in interest written notice
<br />that the assessment is then due and payable.
<br />THE. OWNER agrees that. when the above described deferral condition{s} no longer exists and when
<br />so notified by the CITY, he or his heir or successor shall pay the assessment to the CITY in lawful
<br />money of -the United States of American, ar he will pay said assessment in twenty semiannual instalments
<br />with interest thereon at the current rate of interest being charged on Bancroft banded assessments, said
<br />interest to be paid on said assessment from the date that the CITY notifies him that the assessment is
<br />due and payable. Said interest to be paid semi-annually in addition to the semi-annual principal payment.
<br />Notwithstanding anything to the contrary contained herein, the OWNER or his successor in interest shall notify
<br />the CITY within thirty ~3O} days that the condition(s) has occurred which terminates the reason for deferral,
<br />In the event timely notice is not so given, interest shall accrue from the thirtieth (30th} day following
<br />occurrence of s,ach conditions},
<br />This Agreement shall be binding upon the heirs, executors, administrators, assigns, and personal
<br />representatives of the OWNER and shall be a covenant and condition running with the above described land
<br />and binding upon all subsequent owners of the above described real property.
<br />In addition to any other remedy herein contained, the OWNER and the CITY agree and covenant
<br />that in the event of default in the performance of the terms and conditions of this agreement by the
<br />O4r'tJER, the CITY may bring an action against the OWNER for damages far the breach thereof, including but
<br />not limited to an action far specific performance in the Circuit Court of the State of Oregon for Eane
<br />County, In any such suit or action the City may collect from the OWNER, in addition to its costs and
<br />disbursements, a reasonable attorney fee herein.
<br />IN WITNESS WHEREOF, the CITY and the OWNER have entered into this agreement this day
<br />of _ _.....__-,~~~ 19~,
<br />OWNER: CITY OF EUGENE, OREGON, a Runicipal
<br />Corporatian of the State of Oregon
<br />STATE OF OREGON, COUNTY OF LANE, ss:
<br />On this day, of lg
<br />personal y appeared before me, a Notary Public in and
<br />for said County, the within named
<br />By:
<br />City Manager
<br />STATE OF OREGON, COUNTY OF LANE, ss:
<br />On this day of
<br />1g ,personally came before me, a Notary Public
<br />in and for said County, the within named
<br />to ne personally known to be the identical person
<br />described in and who executed the within instrument
<br />and acknowledged to me that executed the same
<br />freely and voluntarily far the uses and purposes
<br />therein named.
<br />rotary u is or regon
<br />My Carrissian Expires:
<br />to me personally known to be the identical
<br />person described in and who executed the within
<br />instrument, and acknowledged to me that
<br />executed the same freely and voluntarily far the
<br />uses and purposes therein named.
<br />WITNESS my hand and seal this day and year
<br />last above written.
<br />Notary Public for Oregon
<br />My Commission Expires:
<br />
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