Owner of land and paving contractor.

This agreement is made on [date], between _________("owner"), of _________[address], _________[city], _________[county], _________[state] and _________ Corporation ("contractor"), having its principal place of business at _________[address], _________[city], _________[county], _________[state].

1. Owner is the owner of property located at _________[address], _________[city], _________[county], _________[state], and the property is described as follows: [insert legal description].

2. In consideration of the improvement of _________ street on which the owner's property abuts, including the paving and curbing of the street, by virtue of a resolution adopted by the city council of _________[city], and on the completion of the improvements by contractor in front of the owner's premises and their acceptance by _________[city], the owner promises to pay to contractor, or its assigns, whatever sum shall be ascertained by the city engineer to be the pro rata share of the costs of the improvements in front of the owner's premises, according to terms of the resolution, which sum shall not exceed the amount of $_____, $_____ for the paving and $_____ for the construction of concrete curbs.

The amount due shall be paid as follows:

All cash at the option of the owner, or $_____ _________ days after the improvements have been completed in front of owner's premises and accepted by _________[city], and the balance in _________[number] equal installments on or before _________ years after acceptance at the rate of _________ percent per year, payable annually, together with reasonable attorney fees and all costs of collection.

3. If any default shall occur in the payment of any installment of the principal or interest when due, at the option of contractor, the whole unpaid amount shall become due and collectible at once.

4. In consideration of the improvements to and on the owner's premises and the fact that the value of the premises will be enhanced in excess of the cost of the improvements, owner expressly grants to contractor and its assigns a mechanic's lien on the premises, to secure the payment of the indebtedness mentioned. Owner consents that the city council of _________[city] may levy a special assessment against the property and owner for an amount ascertained to be a proportionate share chargeable against the property under this agreement.

5. The acceptance of the improvements by _________[city] shall be conclusive between the parties of the proper performance of the contract of improvement.

This obligation is not conditioned on the improvement of _________ street in front of all properties abutting on _________ street, but the improvements may be omitted before the property of any owner who fails to make satisfactory arrangements with contractor for the payment of the owner's proportionate share of the cost of the improvements.

6. In consideration of this agreement, and of the extension of the time for payment of the assessment granted, the assessment by _________[city] and all proceedings with reference to the assessment are expressly ratified and confirmed, and any errors or invalidity in the proceedings are waived.

This obligation is cumulative and independent of such proceedings as the city council of the city of _________ may take or cause to be taken to assess and secure the payment of the cost of the improvements on the premises or its owner, and any payment made to _________[city] under such proceeding shall operate as a credit and shall be endorsed on this agreement.

_________

[Date] _________

[Signatures]

 

[Acknowledgment]



______________________________________________________________________________________

 

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