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(4) The owner represents and warrants that the subject property is not so classified for <br />tax purposes as to result in deferral of the obligation to pay special assessments; <br />and the owner agrees that it will take no action to secure such tax status for the <br />subject property during the term of the assessment. <br />(5) The City obtains mortgage consents from all lenders and/or lien holders to ensure <br />that payment of the assessments takes first position in the event of default. <br />iii) Special assessments for the improvement project will be levied to the subject property <br />in the following manner: <br />(1) Special assessments shall be payable over a maximum term of five (5) years and <br />bear interest at a rate of two points over the bond rate if bonds are issued by the <br />City for the improvement project, or two points over the current bond rate as <br />determined by the City's financial consultant. <br />(2) To secure payment of the special assessments, the owner of the subject property <br />shall provide to the City a letter of credit, cash surety, or combination thereof, for <br />60% of the total assessment amount. Reference herein to special assessments <br />shall be deemed to include, and shall include, all interest thereon. The bank and <br />form of the letter of credit or other security shall be subject to the approval of the <br />City Administrator. Such letter of credit shall be maintained in effect until all <br />assessments are paid in full. As assessments are paid, the letter of credit may be <br />reduced or replaced by substitute letters of credit, not more often than once every <br />twelve months, to an amount that is not less than the amount of the unpaid <br />assessments. In the event special assessments are not paid when due, the City <br />may draw on the letter to pay such special assessments. <br />iv) Special assessments against each lot must be paid in full prior to any of the following <br />occurrences: <br />(1) Change in ownership <br />(2) Subdivision of the lot <br />(3) Issuance of a building permit for that lot. <br />Page 2 <br />