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2001-871-Resolution No. 2001-089 Recorded 12/6/2001RE LEG UNSEL MARYSUE HSPENHOLLOW, COUNTYCOUNTY OFFICIAL CLERKQ 2001-811 COMMISSIONERS' JOURNAL 12/06/2001 08:11:41 AM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Determining and Certifying Final Assessments for Local Improvements against Certain Benefited Real property within Mohawk L.I.D., Setting Terms for Payment, and Requiring Notices. RESOLUTION NO. 2001-089 WHEREAS, pursuant to Resolution No. 2001-013 the Board of County Commissioners of Deschutes County, Oregon, caused local improvements to be made to all of Mohawk Road, Mohawk Circle and Osage Road, dedicated public roads within the Mohawk L.I.D., in Deschutes County, Oregon, as described in Section 1 of Resolution No. 2001-013 and incorporated herein by reference ("the Improvements"); and WHEREAS, the Improvements have been completed, all costs have been accounted for on the project and a final assessment reflecting actual costs of the Improvements has been determined for each benefited property; and WHEREAS, all benefiting property owners have been notified of the amount of the final assessment and the time for a hearing on the final assessment; and WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, held a hearing on November 28, 2001 in accordance with law to fix the final assessment for the Improvements benefiting certain real property in Mohawk L.I.D. in Deschutes County, Oregon; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. Determination of Final Assessment Amounts. The final assessments for local improvements made to the dedicated public roads within the Mohawk L.I.D., are hereby determined and declared in the amounts listed in Exhibit "A" attached hereto and by this reference incorporated herein as to each property listed therein. Section 2. Certification and Imposition of Assessments. The final assessments listed in Exhibit "A" are hereby certified and imposed against the listed properties as of the date of this order. 1 - RESOLUTION NO. 2001-089 Section 3. Payment Options and Terms. Pursuant to DCC 12.48.260, property owners shall have the option of paying the assessment in full by December 28, 2001 or, upon application made to the Director of the Road Department, by installment payments under terms set forth in Exhibit "C", attached hereto and by this reference incorporated herein. The terms included in this resolution shall apply to current owners of assessed properties and to their successors in interest. Section 4. Notice of Assessments. The Director of the Road Department shall cause to be published notice of the final assessment on December 3, 2001 and December 10, 2001 in a form in substantial compliance with that set forth in Exhibit "B" as to all benefited properties. Each owner of property to be assessed shall be mailed a copy of said notice listing the final assessment for the individual owner's property and an application and agreement to finance improvements, as set forth in Exhibit "C", attached hereto and by this reference incorporated herein. Section 5. Rate of Interest. The rate of interest to be charged on final assessments or portions thereof that are unpaid as of December 28, 2001 shall be seven percent (7%) per annum. In the event that the application and installment payment agreements for this local improvement district are utilized for the purpose of issuing Bancroft Bonds, the interest rate shall be set from the date of the bonds and thereafter at the lower of seven percent (7%) per annum or one and one/half percent (1 Y2%) above the interest rate paid by the County on the Bancroft Bonds. Section 6. Lien. Pursuant to DCC 12.48.250, the Finance Director or his delegate shall cause to be filed with the County Clerk individual lien claims for the assessments against the properties listed in Section 1, excluding any property known to be subject to bankruptcy proceedings, in the form as set forth in Exhibit "D", attached hereto and by this reference incorporated herein. Section 7. Recording. The Clerk shall record the liens and enter them in the appropriate lien docket of the County.. Such final assessment liens shall have priority over all other liens and encumbrances whatsoever on the assessed properties, except tax liens. DATED this O/ day of��... , 2001 ATTEST: Recording Secretary 2 - RESOLUTION NO. 2001-089 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY. OREGON TOM D LF, CHAIR D NIS R. LUKE, COMMjf3SIONER MICHAEL M. ISSIONER EXHIBIT "A" MOHAWK L.I.D. FINAL ASSESSMENT NAME OF PROPERTY FINAL PROPERTY OWNER DESCRIPTION ASSESSMENT 1. WENICK, MICHAEL J. 181136CO02400 $3,929.00 WENICK, WANDA J. Lot 1 Block D 19322 MOHAWK RD. DESCHUTES RIVER WOODS BEND, OR 97702 2. STRUTZ,SHEILA K 181136CO02300 $3,929.00 PO BOX 4233 Lot 2 Block D SUNRIVER, OR 97707 DESCHUTES RIVER WOODS 3. MCCOMB,COLLEEN J 181136CO02200 $3,929.00 19342 MOHAWK RD. Lot 3 Block D BEND, OR 97702 DESCHUTES RIVER WOODS 4. TIGNER,RAYMOND KARL 181136CO02100 $3,929.00 19350 MOHAWK RD Lot 4 Block D BEND, OR 97702 DESCHUTES RIVER WOODS 5. DREYER BARBEL K 181136CO02000 $3,929.00 DREYER D MARK Lot 5 Block D 19358 MOHAWK RD DESCHUTES RIVER WOODS BEND, OR 97702 6. MCKIBBEN,JOSEPH B 181136CO01900 $3,929.00 MCKIBBEN, TONIA F. Lot 6 Block D 19366 MOHAWK RD DESCHUTES RIVER WOODS BEND, OR 97702 7. HOVER,MARGARET M 181136CO01800 $3,929.00 61535 S HWY 97 NO 9-162 Lot 7 Block D BEND, OR 97702 DESCHUTES RIVER WOODS 8. TOCI,GAIL 181136CO01700 $3,929.00 TOCI,ROGER Lot 8 Block D P.O. BOX 6465 DESCHUTES RIVER WOODS BEND, OR 97708 9. CLARK,DAVID A 181136DO07200 $3,929.00 CLARK,KAREN E Lot 9 Block D 19375 MOHAWK RD. DESCHUTES RIVER WOODS BEND, OR 97702 10. SPENCER,D E 181136DO07300 $3,929.00 19400 MOHAWK RD Lot 10 Block D BEND, OR 97702 DESCHUTES RIVER WOODS Page 1 of 4 Mohawk L.I.D. Final Assessment EXHIBIT "A" MOHAWK L.I.D. FINAL ASSESSMENT NAME OF PROPERTY FINAL PROPERTY OWNER DESCRIPTION ASSESSMENT 11. GUSTAFSON,CRAIG 181136DO07400 $3,929.00 PO BOX 8573 Lot 11 Block D KODIAK , AK 99615 DESCHUTES RIVER WOODS 12. THOMAS,CHARLENE Y 181136DO07500 $3,929.00 THOMAS,DONALD E Lot 12 Block D 19416 MOHAWK RD DESCHUTES RIVER WOODS BEND, OR 97702 13. DIXON,ANNETTE E 181136DO07600 $3,929.00 DIXON,JAMES R Lot 13 Block D 19424 MOHAWK RD DESCHUTES RIVER WOODS BEND, OR 97702-8908 14. ROBBINS,JOHN 181136DO07700 $3,929.00 SANTA CLARA , CA 95051 64280 HIGHWAY 97 Lot 14 Block D 181136DO06700 $3,929.00 412 FRANKLIN DR BEND, OR 97701 DESCHUTES RIVER WOODS DESCHUTES RIVER WOODS 15. VAN,CLEEF GARY 181136DO07800 $3,929.00 PO BOX 6652 Lot 15 Block D BEND, OR 97708 DESCHUTES RIVER WOODS 16. SHIRTCLIFF,MARK 181136CO03200 $3,929.00 59645 MOHAWK CIR Lot 6 Block A BEND, OR 97702 DESCHUTES RIVER WOODS 17. EISENBEIS,VICTORIA M 181136DO06800 $3,929.00 59626 MOHAWK CIR Lot 4 Block B BEND, OR 97702 DESCHUTES RIVER WOODS 18. CARTER,LLOYD E 181136CO02800 $3,929.00 CARTER, PATTRI CIA F Lot 13 Block A 59625 OSAGE RD DESCHUTES RIVER WOODS BEND, OR 97702 19. KERBER EDWARD A 181136CO03100 $3,929.00 2648 LINDENTREE LN Lot 5 Block A SANTA CLARA , CA 95051 DESCHUTES RIVER WOODS 20. BURGE JACQUELINE 181136DO06700 $3,929.00 412 FRANKLIN DR Lot 5 Block B OJAI , CA 93023 DESCHUTES RIVER WOODS Page 2 of 4 Mohawk L.I.D. Final Assessment EXHIBIT "A" MOHAWK L.I.D. FINAL ASSESSMENT NAME OF PROPERTY FINAL PROPERTY OWNER DESCRIPTION ASSESSMENT 21. KERBER EDWARD A 181136CO03000 $3,929.00 2648 LINDENTREE LN Lot 4 Block A SANTA CLARA , CA 95051 DESCHUTES RIVER WOODS 22. BURGE JACQUELINE 181136DO06600 $3,929.00 412 FRANKLIN DR Lot 6 Block B OJAI , CA 93023 DESCHUTES RIVER WOODS 23. WINTHROP, LINDSEY J 181136CO03400 $3,929.00 59645 MOHAWK CIR Lot PT.8,9 Block A BEND, OR 97702 DESCHUTES RIVER WOODS 24. PREUITT,IRIS K 181136CO03500 $3,929.00 14015 CARTWRICHT WAY Lot PT.8&9 Block A NEVADA CITY, CA 95959 DESCHUTES RIVER WOODS 25. HOVER,MARGARET M 181136CO02500 $3,929.00 19375 MOHAWK RD Lot 10 Block A BEND, OR 97702 DESCHUTES RIVER WOODS 26. BERNHARDT,ERIC J 181136DO07100 $3,929.00 BERNHARDT,TRISHA A Lot 1 Block B 19405 MOHAWK RD DESCHUTES RIVER WOODS BEND, OR 97701 27. HOVER,MARGARET M 181136CO02600 $3,929.00 61535 S HWY 97 NO 9-162 Lot 11 Block A BEND, OR 97702 DESCHUTES RIVER WOODS 28. LOCKHART, MICHAEL 181136DO07000 $3,929.00 59636 OSAGE RD Lot 2 Block B BEND, OR 97702 DESCHUTES RIVER WOODS 29. WINTHROP,LINDSEY J 181136CO03300 $3,929.00 59645 MOHAWK CIR Lot 7 Block A BEND, OR 97702 DESCHUTES RIVER WOODS 30. MCMILLAN, BARBARA E 181136CO02700 $3,929.00 59633 OSAGE RD Lot 12 Block A BEND, OR 97702 DESCHUTES RIVER WOODS 31. BELL -PARKER, BECKY A 181136DO06900 $3,929.00 PARKER,TY ANTHONY Lot 3 Block B 2650 NE HIGHWAY 20 #G-101 DESCHUTES RIVER WOODS BEND, OR 97701-5094 Page 3 of 4 Mohawk L.I.D. Final Assessment EXHIBIT "A" MOHAWK L.I.D. FINAL ASSESSMENT Page 4 of 4 Mohawk L.I.D. Final Assessment NAME OF PROPERTY OWNER PROPERTY DESCRIPTION FINAL ASSESSMENT 32. WINTHROP LINDSEY 181136CO03800 $3,929.00 59645 MOHAWK CIR Lot 1 Block A BEND, OR 97702 DESCHUTES RIVER WOODS 33. WINTHROP LINDSEY 181136CO03700 $3,929.00 59645 MOHAWK CIR Lot 2 Block A BEND, OR 97702 DESCHUTES RIVER WOODS 34. KERBER EDWARD A 181136CO03600 $3,929.00 2648 LINDENTREE LN Lot 3 Block A SANTA CLARA , CA 95051 DESCHUTES RIVER WOODS 35. HOVER,MARGARET M 181136CO02900 $3,929.00 KERBER,CHRIS Lot 14 Block A 61535 S HWY 97 NO 9-162 DESCHUTES RIVER WOODS BEND, OR 97702 Page 4 of 4 Mohawk L.I.D. Final Assessment EXHIBIT "B" NOTICE OF ROAD IMPROVEMENT FINAL ASSESSMENT (BANCROFT BONDING ACT, ORS 223.205 TO 223.300) TO: « NAME1» «NAME2» NAME3» ((ADDRESS)) ((CITY)), ((ST)) ((ZIP)) [date] ((ACCOUNT)) Lot ((LOT)) Block « BLK» ((SUBDIVISION)) On November 28, 2001 the Board of County Commissioners of Deschutes County, Oregon adopted Resolution No. 2001-089, determining the amount of and certifying assessments for local improvements made to dedicated public roads within the Mohawk L.I.D., on and against properties benefiting from those improvements, as set forth in this notice. The scope of the local improvement project is as set forth in Resolution 2000-081 of the Board of County Commissioners. Owners of the assessed properties listed herein have the option of paying the assessment in full by December 28, 2001 or, upon application filed by December 28, 2001 with the Deschutes County Road Department Director, in installment payments over a 10 -year period. Failure to either file an installment payment application or to pay the assessment in full by December 28, 2001 will result in the account being delinquent and subject to foreclosure under applicable County ordinances and State law. Owners wishing to pay in full may do so on or before December 28, 2001. Payment is to be made to the Deschutes County Finance Department, Deschutes Services Building, 1340 NW Wall St., Bend, OR 97701. Owners wishing to pay in installments must fill out an application form provided by the County. Such application must be signed and filed with (received by) the Director of the Road Department, 61150 SE 27th St., Bend, OR 97702 no later than December 28, 2001. Failure to submit an application by that date may result in rejection of an installment payment application. Property owners over 62 years old who apply to pay in installments may be eligible for deferral of the installment payments. Beginning on December 28, 2001, interest will be charged at a rate of seven percent (7%) per annum on all unpaid assessment amounts. In the event that the application and installment payment agreements for this local improvement district are utilized for the purpose of issuing Bancroft Bonds, the interest rate shall be set from the date of the bonds and thereafter at the lower of seven percent (7%) per annum or one and one/half percent (1 Y2%) above the interest rate paid by the County on the Bancroft Bonds. Questions should be addressed to Gary Judd, Traffic Engineer, at 61150 SE 27th St., Bend, OR 97702 (541) 388-6581. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON By: Tom Blust Director of Public Works Exhibit «B» Page 1 of 5 EXHIBIT "B" MOHAWK L.I.D. FINAL ASSESSMENT Exhibit "B" MOHAWK L.I.D. Page 2 of 5 Final Assessment NAME OF PROPERTY FINAL PROPERTY OWNER DESCRIPTION ASSESSMENT 1. WENICK, MICHAEL J. 181136CO02400 $3,929.00 WENICK, WANDA J. Lot 1 Block D DESCHUTES RIVER WOODS 2. STRUTZ,SHEILA K 181136CO02300 $3,929.00 Lot 2 Block D DESCHUTES RIVER WOODS 3. MCCOMB,COLLEEN J 181136CO02200 $3,929.00 Lot 3 Block D DESCHUTES RIVER WOODS 4. TIGNER,RAYMOND KARL 181136CO02100 $3,929.00 Lot 4 Block D DESCHUTES RIVER WOODS 5. DREYER BARBEL K 181136CO02000 $3,929.00 DREYER D MARK Lot 5 Block D DESCHUTES RIVER WOODS 6. MCKIBBEN,JOSEPH B 181136CO01900 $3,929.00 MCKIBBEN, TONIA F. Lot 6 Block D DESCHUTES RIVER WOODS 7. HOVER,MARGARET M 181136CO01800 $3,929.00 Lot 7 Block D DESCHUTES RIVER WOODS 8. TOCI,GAIL 181136CO01700 $3,929.00 TOCI,ROGER Lot 8 Block D DESCHUTES RIVER WOODS 9. CLARK,DAVID A 181136DO07200 $3,929.00 CLARK,KAREN E Lot 9 Block D DESCHUTES RIVER WOODS 10. SPENCER,D E 181136DO07300 $3,929.00 Lot 10 Block D DESCHUTES RIVER WOODS 11. GUSTAFSON,CRAIG 181136DO07400 $3,929.00 Lot 11 Block D DESCHUTES RIVER WOODS Exhibit "B" MOHAWK L.I.D. Page 2 of 5 Final Assessment EXHIBIT "B" MOHAWK L.I.D. FINAL ASSESSMENT NAME OF PROPERTY FINAL PROPERTY OWNER DESCRIPTION ASSESSMENT 12. THOMAS,CHARLENE Y 181136DO07500 $3,929.00 THOMAS,DONALD E Lot 12 Block D DESCHUTES RIVER WOODS 13. DIXON,ANNETTE E 181136DO07600 $3,929.00 DIXON,JAMES R Lot 13 Block D DESCHUTES RIVER WOODS 14. ROBBINS,JOHN 181136DO07700 $3,929.00 Lot 14 Block D DESCHUTES RIVER WOODS 15. VAN,CLEEF GARY 181136DO07800 $3,929.00 Lot 15 Block D DESCHUTES RIVER WOODS 16. SHIRTCLIFF,MARK 181136CO03200 $3,929.00 Lot 6 Block A DESCHUTES RIVER WOODS 17. EISENBEIS,VICTORIA M 181136DO06800 $3,929.00 Lot 4 Block B DESCHUTES RIVER WOODS 18. CARTER,LLOYD E 181136CO02800 $3,929.00 CARTER, PATTRI CIA F Lot 13 Block A DESCHUTES RIVER WOODS 19. KERBER EDWARD A 181136CO03100 $3,929.00 Lot 5 Block A DESCHUTES RIVER WOODS 20. BURGE JACQUELINE 181136DO06700 $3,929.00 Lot 5 Block B DESCHUTES RIVER WOODS 21. KERBER EDWARD A 181136CO03000 $3,929.00 Lot 4 Block A DESCHUTES RIVER WOODS 22. BURGE JACQUELINE 181136DO06600 $3,929.00 Lot 6 Block B DESCHUTES RIVER WOODS Exhibit "B" MOHAWK L.I.D. Page 3 of 5 Final Assessment EXHIBIT "B" MOHAWK L.I.D. FINAL ASSESSMENT NAME OF PROPERTY FINAL PROPERTY OWNER DESCRIPTION ASSESSMENT 23. WINTHROP, LINDSEY J 181136CO03400 $3,929.00 Lot PT.8,9 Block A DESCHUTES RIVER WOODS 24. PREUITT,IRIS K 181136CO03500 $3,929.00 Lot PT.8&9 Block A DESCHUTES RIVER WOODS 25. HOVER,MARGARET M 181136CO02500 $3,929.00 Lot 10 Block A DESCHUTES RIVER WOODS 26. BERNHARDT,ERIC J 181136DO07100 $3,929.00 BERN HARDT,TRISHA A Lot 1 Block B DESCHUTES RIVER WOODS 27. HOVER,MARGARET M 181136CO02600 $3,929.00 Lot 11 Block A DESCHUTES RIVER WOODS 28. LOCKHART, MICHAEL 181136DO07000 $3,929.00 Lot 2 Block B DESCHUTES RIVER WOODS 29. WINTHROP,LINDSEY J 181136CO03300 $3,929.00 Lot 7 Block A DESCHUTES RIVER WOODS 30. MCMILLAN, BARBARA E 181136CO02700 $3,929.00 Lot 12 Block A DESCHUTES RIVER WOODS 31. BELL -PARKER, BECKY A 181136DO06900 $3,929.00 PARKER,TY ANTHONY Lot 3 Block B DESCHUTES RIVER WOODS 32. WINTHROP LINDSEY 181136CO03800 $3,929.00 Lot 1 Block A DESCHUTES RIVER WOODS 33. WINTHROP LINDSEY 181136CO03700 $3,929.00 Lot 2 Block A DESCHUTES RIVER WOODS Exhibit "B" MOHAWK L.I.D. Page 4 of 5 Final Assessment EXHIBIT "B" MOHAWK L.I.D. FINAL ASSESSMENT NAME OF PROPERTY FINAL PROPERTY OWNER DESCRIPTION ASSESSMENT 34. KERBER EDWARD A 181136CO03600 $3,929.00 Lot 3 Block A DESCHUTES RIVER WOODS 35. HOVER,MARGARET M KERBER,CHRIS 181136CO02900 Lot 14 Block A DESCHUTES RIVER WOODS MOHAWK L.I.D. Exhibit "B" Final Assessment Page 5 of 5 $3,929.00 EXHIBIT "C" INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. YOU MUST RETURN ALL 3 PAGES OF THIS APPLICATION APPLICATION AND INSTALLMENT PAYMENT AGREEMENT TO FINANCE ASSESSMENT FOR LOCAL IMPROVEMENTS IN MOHAWK L.I.D. LOCAL IMPROVEMENT DISTRICT TO: Deschutes County Board of Commissioners c/o Deschutes County Road Department Director 61150 SE 27th St. Bend, OR 97702 Pursuant to Oregon Revised Statute 223.205 through 223.300 (the Bancroft Bonding Act), I (we) (hereafter referred to as "Applicant" of "Applicants") apply to finance the final assessment (hereafter referred to as "Final Assessment") levied against the Property (see legal description) benefited by certain local improvements made to dedicated public roads within the Mohawk L.I.D. The Final Assessment was determined and levied against the Property by Resolution 2001-089 of the Board of County Commissioners and docketed upon the Docket of Local Improvement District Liens of Deschutes County, Oregon. Applicant(s) own(s) the Property benefited by the described local improvement and assessed for the costs of those improvements. The Property is described as follows: Legal Description: LOT ((LOT)) BLOCK «BLK» SUBDIVISION: DESCHUTES RIVER WOODS Tax Lot Number: ((ACCOUNT)) Ownership information on the Property is as follows: Owner's name: «NAME1» NAME2» NAME3» Owner's address: «ADDRESS» ((CITY)), ((ST)) ((ZIP)) Applicant(s) acknowledge(s) that the amount of the Final Assessment levied against the property is $3,929.00 and that the Final Assessment arises from local improvements made to the dedicated public roads within the Mohawk L.I.D., in Deschutes County, Oregon, which project is known as the Mohawk L.I.D., as described in Resolution No. 2001-013 of the Board of County Commissioners. Applicant(s) agree(s) to pay the Final Assessment on the Property over a period of up to 10 years, as outlined in this document. Applicant(s) acknowledge(s) that the interest rate set by the Board of County Commissioners has been set at a rate sufficient to pay a proportionate part of the costs of administering the bond assessment program and issuing bonds authorized under «NAME1» - «ACCOUNT» - Page 1 of 3 EXHIBIT "C" Page 3 of 3 Oregon law. Applicant(s) agree(s) to pay interest at that rate. Applicant(s) further acknowledge(s) that financed assessment amounts are a lien against the Property. In applying to finance payment of the Final Assessment, Applicant(s) agree(s) to make installment payments under the following terms: 1. Basis of Payment Terms. The payment schedule set forth in this document are based upon the assumption that the entire amount of the $3,929.00 Final Assessment will be financed over a ten-year period with 20 equal installment payments. Applicant(s) may choose to finance less than the entire amount of the Final Assessment by making principal payments at any time in advance of December 28, 2001, but that election shall operate only to reduce the outstanding principal amount and shall not change the amount of installment payments set forth in Paragraph 2 of this document. 2. Terms. Installment payments on the $3,929.00 Final Assessment shall be due in equal semi-annual installments of $276.45, including interest at a rate of seven percent (7%) per annum accruing from December 28, 2001, until all outstanding assessment amounts and interest thereon are paid. In the event that the application and installment payment agreements for this local improvement district are utilized for the purpose of issuing Bancroft Bonds, the interest rate shall be set from the date of the bonds and thereafter at the lower of seven percent (7%) per annum or one and one/half percent (1 Y2%) above the interest rate paid by the County on the Bancroft Bonds. Installment payments shall be due and payable on April 1 and on October 1 of each year, starting on April 1, 2002, until all outstanding amounts have been paid. Unless you receive notice to the contrary, payment shall be made to the Deschutes County Finance Department, Deschutes Services Building, 1340 NW Wall St., 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. Payments on accounts with delinquencies shall be applied to accrued interest first. 5. Enforcement and Collection. The Final Assessment is not a personal obligation of Applicant(s). The Final Assessment is a charge against the Property only. 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 foreclosure, for the entire outstanding final assessment amount, accrued interest and costs, as allowed by Chapter 12.48 of the County Code and 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 assessment. 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. «NAME1» - ((ACCOUNT)) - Page 2 of 3 EXHIBIT "C" Page 3 of 3 7. Deferral of Payments. Qualifying Applicant(s) may defer payments under this installment agreement pursuant to the provisions of ORS 311.702 - 311.735 upon completion of a separate application to the County Finance Department. Such application, if accepted, does not terminate the provisions of this agreement. Failure of the Oregon Department of Revenue to pay installment payments deferred by still - qualifying Applicant(s) shall be regarded as a default under this agreement. Applicant(s) desiring to defer installment payments must first complete an application and agreement to pay the Final Assessment amount in installments. 8. THIS APPLICATION AND AGREEMENT MUST BE RECEIVED IN THE OFFICE OF THE ROAD DEPARTMENT DIRECTOR NO LATER THAN 5:00 PM ON DECEMBER 28, 2001. FAILURE TO COMPLETE AND SIGN THIS FORM AS WRITTEN BY THAT TIME MAY RESULT IN REJECTION OF THIS APPLICATION. This application and agreement is submitted in accordance with the provisions of ORS 223.205 - 223.295. 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, as to: (1) In the proceedings to cause the local improvement for which the Final Assessment has been levied; (2) In the apportionment of the actual cost of the local improvement to individual properties and the calculation of the actual cost of the local improvement. Applicant(s) acknowledge(s) that the Property is legally charged with the Final Assessment set forth in this document. Dated this day of , 2001 Applicant(s): Signature Signature Signature Signature «NAME1» - ((ACCOUNT)) - Page 3 of 3 EXHIBIT "C" Page 3 of 3 EXHIBIT "D" DESCHUTES COUNTY LOCAL IMPROVEMENT DISTRICT ASSESSMENT CLAIM OF ASSESSMENT LIEN Pursuant to Deschutes County Code Section 12.48.240 and Board of County Commissioners Resolution 2001-089, dated November 28, 2001, Deschutes County, a political subdivision of the State of Oregon, claims an assessment lien against the following described real property in the amount set forth herein for an assessment for local improvements made as part of the Mohawk Local Improvement District (LID): Name of Property Owner(s): Legal Description: Lien Amount: $3,929.00 Terms: Payment to be made on or before December 28, 2001, unless Property Owner makes application with Deschutes County to pay LID assessment in installment payments over a 10 -year period. Terms of installment payments are as set forth in the installment payment application form attached to Board of County Commissioners Resolution 2001-089. Deschutes County By: Martin F. Wynne, Finance Director State of Oregon ) ss County of Deschutes ) I certify that I know or have satisfactory evidence that Martin F. Wynne is the person who appeared before me and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Finance Director of Deschutes County to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED this day of , 2001. Notary Public for Oregon My Commission expires: