2010-2926-Order No. 2010-033A Recorded 11/3/2010n R 4 EVIE/D
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LEGAL COUNSEL
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
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RECORDS CJ 20~0~2r12~
CLERK 1nl
11/03/2010 03;13;23 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Approving an Application to "
Pay a Transportation System Development Charge
in Installments, Describing the Property and Owner, ORDER NO. 2010-033A
Setting Terms for Payment, and Establishing
a Lien.
WHEREAS, pursuant to Resolution No. 2008-059 the Board of County Commissioners of
Deschutes County, Oregon, adopted a Transportation System Development Charge ("SDC"); and
WHEREAS, Resolution 2008-059 provides that an applicant may elect to pay a SDC in
installments over a ten-year period under the provisions of Deschutes County Code 15.12.060; and
WHEREAS, the owner of property being assessed a SDC has made application to pay said SDC
in installments; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. Application to pay SDC in installments. The application to pay a SDC in installments
(Exhibit "A") is attached hereto and by this reference incorporated herein.
Section 2. Approval of Application. The application shown in Exhibit "A", describing the property
and owner, setting forth the deferred amount of the SDC, the interest rate on the unpaid amount, the
term and the installment payments to be made by the owner, is hereby approved as of the date of this
order.
Section 3. Lien. This order shall be filed with the County Clerk and the County Clerk shall, upon
the filing of this Order, record and index it upon the appropriate lien docket of Deschutes County. Such
lien shall have priority over all other liens and encumbrances whatsoever on the assessed property,
except tax liens. In the event title to the property described in Exhibit A is conveyed to any person other
than the person or persons listed on the application, the entire unpaid lien and accrued interest shall be
immediately due and payable.
1 - ORDER NO. 2010-033 - SDC Application
du
DATED this) day of~ '2010.
BOARD OF COUNTY COMMISSIONERS
OF DESCHVTES, COUNTY, OREGON
LUKE,
ATTEST: t/ v'
('LSw~' \ ALAN GER, VICE C AIR
Lt,C. I~
Recording Secretary TAMMY BAN , COMMI ONER
2 - ORDER NO. 2010-0~ - SDC Application
TRANSPORTATION SYSTEM DEVELOPMENT CHARGE
APPLICATION AND INSTALLMENT PAYMENT AGREEMENT
TO: Deschutes County Board of Commissioners
c/o Deschutes County Road Department Director
61150 SE 27th St.
Bend, OR 97702
Pursuant to Deschutes County Resolution 2008-059, 1 (we) (hereafter referred to as "Applicant(s)")
apply to finance the Transportation System Development Charge (hereafter referred to as "SDC")
imposed on property (see legal description) located in the unincorporated area of Deschutes
County, Oregon.
Applicant(s) own(s) the Property on which the SDC has been imposed. The Property is described
as follows:
Legal Description: Lot 28 Block 13
SUBDIVISION: Sundance East Phase III
Tax Lot Number: 18-13-32C-4700
Ownership information on the Property is as follows:
Owner's name: Dennis R. Bonn
Teresa Bonn
Owner's address: PO Box 30
La Grande, OR 97850
Applicant(s) acknowledge(s) that the amount of the SDC imposed on the property is $4,771.00
and was imposed when Applicant developed the property.
Applicant(s) hereby requests County approval and agree(s) to pay the SDC over a period of 10
years, as outlined in this document. The interest rate shall be set at 150 basis points above the
rate in effect at the time of application as quoted by Bloomberg; Market Data, Key Rates,
Mortgage (National Average), 30-year fixed. Applicant(s) acknowledge(s) that the interest rate sat
by the County has been established at a rate sufficient to pay a proportionate part of the costs of
administering the SDC financing program under Deschutes County Code and Oregon law.
Applicant(s) agree(s) to pay such interest rate. Applicant(s) acknowledge(s) that financed SDC
amounts are a first lien and encumbrance against the Property. Applicant(s) acknowledge(s) that
the County will record this document in the property records of the County Clerk.
In applying to finance payment of the SDC, Applicant(s) agree(s) to make installment payment:,
under the following terms:
1. Basis of Payment Terms. The payment schedule set forth in this document is based
upon the Applicant's request that the entire amount of the $4,771.00 SDC will be
Dennis R. Bonn 18-13-32C-4700
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• financed at the fixed rate of 5.88% per annum over a ten-year period with 20 equal
semi-annual installment payments.
2. Terms. Installment payments of $318.91 shall be due and payable beginning on the
30th of October, 2010 and thereafter the 30th day of the next following April and
October until all outstanding amounts and interest thereon are paid. Unless the
County directs otherwise, payment shall be made to the Deschutes County Finance
Department, Deschutes Services Building, 1300 NW Wall St., Suite 200, Bend, OR
97701.
3. Prepayment. Prepayments will be accepted at any time without penalty, applied first to
accrued interest and then to principal. Upon request, prepayments may be applied to
meet the next installment payment due.
4. Payment on Delinquent Accounts. This account will be delinquent if full payment of any
semi-annual installment has not been received by the due date. Delinquent amounts
shall accrue interest at the rate of 1 % per month without proration for a fraction of a
month. County is under no obligation to furnish notice of delinquency or demand for
payment. Payments on accounts with delinquencies shall be applied to accrued interest
first.
5. Enforcement and Collection. If any scheduled semi-annual installment payment, or any
amount thereof, remains unpaid for more than one year after it is due, the County may
undertake actions against the Property to collect such delinquencies, including without
limitation, foreclosure for the entire outstanding SDC amount, plus accrued interest and
costs, as allowed by applicable state law. Failure of the County to assert any rights it
may have under law and this agreement regarding enforcement and collection shall not
constitute a waiver of any of County's rights to enforce and collect the SDC.
6. Terms Binding on Applicant's Successors in Interest. The terms of this installment
application and agreement run with the Property and bind any of the Applicant(s)'s
successors in interest.
This application and agreement is submitted in accordance with the provisions of Deschutes
county Resolution 2008-059 and Chapter 15.12.060 of the Deschutes County Code. In
consideration of and pursuant to these legal considerations, the Applicant(s) as owner(s) of the
Property, does (do) hereby expressly waive all irregularities or defects, jurisdictional or otherwise.
ALL OWNERS WHOSE NAME APPEAR ON THE COUNTY PROPERTY RECORDS MUST
SIGN THIS APPLICATION.
Dated this 16 day of 2010.
Applicant(s):
D is R. Bonn T esa Bonn
Dennis R. Bonn 18-13-32C-4700
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