HomeMy WebLinkAboutReso 2016-018 RESOLUTION T'O. 2016-018
RESOLUTION OF THE CITY COIJ?�'CIL OF THE CITI' OF
CHULA VISTA DECLARII�'G ITS I?�'TENTION TO ESTABLISH
COMI�4UTITY FACIL[TIES DIS7'RICT N0. 17-I (�1'ESTERN
CHULA VISTA DIF FII�'AI�'CII�'G PROGRAI�4) AND TO
AUTHORIZE THE LEVY OF A SPECIAL T,AX THEREIi�' TO
FII�'Al�'CE THE ACQUISITION OR COI�'STRUCTIOI�' OF
CERTAII�' PUBL[C FACILITIES. AI�'D ORDERING .A�\'D
DIRECTING THE PREPARATION OF A REPORT FOR SUCH
PROPOSED COA4A4UI�'ITY F.ACILITIES DISTRICT. .Ai\TD
SETTING THE PUBLIC HEARING TO CO?�'SIDER
, ESTABLISHMENT OF SUCH DISTRICT
WHEREAS. the City Council ofthe Cit�-of Chula Vista. California(the"Cin-Council").at
this time desires to initiate proceedines to establish a Communih� Facilities Districtpursuantto the
terms and provisions of the"Mello-Roos Communih�Facilities Act of 1982,"being Chapter 2.�.Part
l; Division 2;Title 5 of the Go��emment Code ofthe State of Califomia(commencing with Section
�3311) (the "Acr') and the Cih� of Chula Vista Community Facilities District Ordinance enacted
pursuant to the poti�ers reserved by the City ofChula Vista under Sections 3, � and 7 ofArticle XI of
the Constitution of the State of Califomia (the "Ordinance ') (the Act and the Ordinance ma}� be
referred to collectively as the "Communin� Facilities District Law"). This Communih� Facilities
District shall hereinafter be referred to as Community Facilities District No. 17-1 (Vdestem Chula
Vista DIF Financing Program) (the "District"); and
�l'HEREAS, the District is proposed to be established for the purpose of financing. at the
voluntarv request and election of the o«mers of multi-familv. commercial or industrial properties
eenerall�� located in that portion of the Cin- between Interstate � and Interstate 80�, including the
Palomar Gate���a�� and Urban Core Specific Planning Areas and the Auto Pazk located east of
Interstate 80� (such properties to be referred to herein as "VJestem Chula Vista"). the pa�ment of
certain de��elopment impact fee oblisations described herein belo��=and imposed on such properties;
and �
�'�'HEREAS. this Cin� Council desires to proceed to adopt its Resolution of Intention to
initiate the proceedinss to consider the establishment of such District, to set forth the proposed
boundaries for such District; to describe the de��elopment impact fee obligations proposed to be
financed b��such District,to indicate the proposed rate and apportionment of a special ta�su�cient
to finance the pa}�ment of such development impact fee oblisations and the administration of the
District and to fi� a time and place for a public hearine on the establishment of such District; and
�'HEREAS, the Community Facilities District La« pro�ides that the Cim Council ma��
initiate proceedings to establish a communit�� facilities disvict onlv if it has first considered and
adopted local goals and policies conceming the use of the Communitv Facilities District La��: and
�l''HEREAS. this Cit�� Council has adopted local eoals and policies as required pursuant to
the Communit�� Facilities District La��: and
Resolution No. 20]6-018
Pase No. 2
V�'HEREAS.this Cin�Council desires to declare its intention to consider the establishment of
such proposed District; and
WHEREAS,this Cit��Council further desires to direct.pursuant to the provisions of Section
53321.� ofthe Govemment Code, the preparation of a report to provide more detailed information
relating to the proposed District the proposed development impact fee obligations to be financed
through the District, and estimate of the cost of financing the payment of such development impact
fee obligations (the "Communit}�Facilities District Report"); and
WHEREAS, this City Council desires to approve the form of an Agreement for Deferral of
Development Impact Fees required to be entered into by the owner of the propeRy proposed to be
included within the boundaries of the District upon the establishment thereof and the City.
NOW, THEREFORE, IT IS HEREBY RESOLV�D by the City of Chula Vista, that:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Initiation of Proceedin�s. These proceedings are initiated by this City Council
pursuant to the authorization of the Community Facilities District Law.
SECTION 3. Boundaries of District. It is the intention of this City Council to establish the
boundaries of the proposed District. A description of the proposed boundaries of the territory to be
included in the District including the properties and parcels of land proposed to be subject to the levy
of a special tax by the District is as follows:
All that propem� as shown on a map as previously approved by this Ciry Council,
such map entitled "Boundaries of Community Facilities District No. 17-I (Westem
Chula Vista DIF Financing Program), City of Chula Vista, County of San Diego,
State of California`a copy of which is on file in the Office of the City Clerk ar�d shall
remain open for public inspection.
SECTION 4. Name of District. The name of the proposed District shall be Communin�
Facilities District No. ]7-I (Westem Chula Vista DIF Financing Program).
SECTION 5. Description of the Development Impact Fee Ob1iQ,ations and the Related
Facilities. It is the intention of this City Counci] to finance the payment of the development impact
fees imposed by the Cit}�in connection��ith the appro��al of a development project to be developed
on property located within the District Such fees may include: (i) the Public Facilities Development
]mpact Fee pursuant to Chula Vista Municipal Code ("CVMC") section 3.50, et seq. ("PFDIF");
(ii) the Western Transportation De��elopment Impact Fee pursuant to CVMC section 3.5�, et seq.
("TDIF");and(iii) the Park Development Fee pursuant to CV MC section 17.10,et seq. ("PAD"and
together with the PFDIF and TDIF, the `DLFs" and the oblioation to pay the DIFs, the �`DIF
Obligation").
Resolution No. 2016-018
Paee No. 3
The proceeds of the pa��rnent of the DIF Obligations will pay for facilities ��hich this
legislative body is authorized b}� la« to contribute revenue to or to construct, o�n, or operate (the
"DIF Facilities '). It is hereb�� further determined that the DIF Facilities aze necessarv to meet
increased demands and needs placed upon the Ciri as a result of development ���ithin the District.
The cost of the pa}�ment of DIF Oblieations includes certain Incidental Expenses as such term
is defined in Go��emment Code Section �3317(e) and may include. but not be limited to. all costs
associated ���ith the establishment of the DistricL the costs of collecting anv special taxes; and costs
othern�ise incurred in order to cam out the authorized purposes of the District.
SECT[OI�' 6. �ecial Tax. It is herebr further proposed that, e�cept where funds aze
othen��ise a��ailable, a special ta� sufficient to finance the pa��nent ofthe DIF Oblieations and related
lncidental Expenses authorized bv the Community Facilities District Law,secured bv recordation of
a continuing lien against all non-exempt real propem�in the District, will be levied annuall}���-ithin
the boundaries of the District. For funher particulars as to the rate and method of apportionment of
the proposed special tax (the "Rate and Method of ApportionmenY') reference is made to the
attached and incorporated Eahibit A, ���hich sets forth in sufficient detail the method of
apportionment to allow each lando�i�ner or resident���ithin the proposed District to cleazl}�estimate
the ma�imum amount that such person �cill have to pa��.
Under no circumstances�ti�ill the special ta� le��ied in an}� fiscal year aeainst an��residential
parcel be increased as a consequence of delinquenc}�or default b��the o��mer or o«�ners of an}�other
pazcel or pazcels within the District b�� more than ]0 percent (]0%) abo��e the amount that ���ould
ha��e been le��ied in that fiscal ��eaz had there never been any such delinquencies or defaults. A parcel
shall be considered "used for private residential purposes ' not later than the date on ���hich an
occupancy permit or the equivalent for pm ate residential use is issued for such pazcel.
The special ta�es herein proposed, to the estent possible, shall be collected in the same
manner as ad valorem propem� taaes or in such other manner as this Cin� Council or its designee
shall determine, indudino. �aithout limitation, direct billine of the affected propem� owners, and
shall be subject to the same penalties, procedure, sale and lien priority in an}�case of delinquenc}�as
applicable for ad valorem ta�;es. Am special ta�es that ma��not be collected on the Countv ta� roll
shall be collected throueh a direct billing procedure b��the Treasurer of the City of Chula Vista(the
"Cin�`), acting for and on behalf of the District.
The special taz oblieation for any parcel mav be prepaid and permanentl}�satisfied in��hole
or in part pursuant to the provisions therefor contained in [he Rate and Method of Apportionment.
Pursuant to Go�-ernment Code Section �3340 and except as pro��ided in Govemment Code
Section �3317.3. properties of entities of the state, federal. and local go��emments shall be exempt
from the le���� of the Special Ta�.
Resolution No. 2016-018
Page No. 4
SECTION 7. Public Hearina. Notice is given that on march 15, 2016, at the hour of 5:00
o'clock p.m. or as soon thereafter as the public hearing may be called, in the regulaz meeting place of
the City Council being the Council Chambers, Ciry Hall,located at 276 Fourth Avenue.Chula Vista,
Califoinia, a public hearing will be held where this City Council will consider the establishment of
the proposed district, the rate and method of apportionment of the special tax proposed to be levied
within the district, and all other maners as set forCh in this resolution of intention. At the above-
mentioned time and place for public hearing any persons interested,including taxpayers and property
owners may appeaz and be heard. The testimony of all interested persons for or against the
establishment of the district, the extent of the district, or the financing of the payment of the DIF
obligations, will be heard and considered. Any protests may be made orally or in writing; however,
any protests pertaining to the regulazity or sufficiency of the proceedings shall be in writing and
clearly set forth the irregularities and defects to which tbe objection is made. All written protests
shall be filed with the City Clerk of the City on or before the time fixed for the public hearing.
Written protests may be withdrawn in writing at any time before the conclusion of the public hearing.
If a��ritten majority protest against the establishment of the District is filed,the proceedings
shall be abandoned. ]f such majorit��protest is limited to certain DIF Obligations or portions of the
special tax, those DIF Obligations or that portion of the special tax shall be eliminated by the CiCy
Council. A majority protest shall e�+ist if 50 percent or more of the registered voters, or six (6)
registered voters,whichever is more,residing within the land ofthe territory proposed to be included
in the District, or the oNmers of one-half or more of the area of the land in the territory proposed to
be included in the District and not eaempt from the special tax, file wriYten protests against the
establishment of the District, and the protests are not withdrawn so at to reduce the value of the
protests to less than a majority.
SECTION 8. Election. If,following the public hearing described in the section above, the
City Council determines to establish the District and proposes to levy a special tax within the
District, the City Council shall then submit the levy of the special taxes to the qualified elecrors of
the District. If at least twelve (12) persons, who need not necessarily be the same twelve (12)
persons, have been registered to vote within the District for each of the ninety (90) days preceding
the close of the public hearing,the vote shall be by registered voters of the District,with each voter
having one(1)vote. Otherwise,the vote shall be by the landowners of District who were the owners
of record at the close of the subject hearing, with each such landowner or the authorized
representative thereof, having one (1) vote for each acre or portion of an acre of land o�med within
the District.
SECTION 9. Notice. Notice of the time and place of the public hearing shall be given by
the Ciry Clerk by causing the publication of a Notice of Public Hearing in the legally designated
newspaper of general circulation, such publication pursuant to Section 6061 of the Govemment
Code;with such publication to be completed at least seven(7)days prior to the date set for the public
hearing.
The City Clerk shall also cause notice to be given by first-class mail to each registered voter,
if any, and to each landowner as defined in the Community Facilities District Law N�ithin the
proposed boundaries of the District. Such notice shall be mailed at least 15 days before the public
hearing and shall contain the same inrormation as is required to be contained in the notice published
pursuant to the preceding paraaraph.
Resolution No. 2016-018
Pase No. �
SECTIOI�' ]0. Preparation of Report. The Director oFPublic V�'orks is herebv directed and
ordered to prepaze or cause to be prepared the Community Facilities District Repon to be presented
to this Cirv Council, eeneralh� setting forth and containing the follo�i�ing:
DIF OBLIGATIONS: A full and complete description of the DIF Obligations the payment
of H�hich are proposed to be financed throueh the District and the
facilities that are authorized to be funded from the proceeds of the
pa��ment of the DIF Oblieations.
COST ESTIA4ATE: A general cost estimate settine forth costs of the payment of the DIF
Oblieations.
SPECIAL Tr1Ji: Further particulazs and documentation regazdine the rates and
methods of apportionment of the special ta�es proposed to be le��ied
�'ithin the District.
The Communiri� Facilities District Report, upon its preparation, shall be submitted to this
Cin� Council for re��ie�+�. and such report shall be made a pan ofthe record ofthe public hearino on
the Resolution of Intention to establish such District.
SECTION 11. Aereement for Deferral of Development Imoact Fees. The o���ner of am�
propem� w�ho requests that such o��mer's propem� be induded in the District shall be required to
enter into the Agreement for Deferral of Development Impact Fees. the form of which is attached
hereto as Eshibit B hereto and incorporated herein b}�this reference. The Cit��Manager or his or her
desienee is hereby authorized to execute the form of anv such agreement follo�+�ine re��ieH� by the
Cin� Attorney or special counsel to the City designated bv the City Attome��.
SECTION 12. Sun�ival. If anv section, subsection,subdi��ision, sentence,clause;or phrase in
this Resolution or an��part thereof is for an} reason held to be unconstimtional or invalid,ineffective
b��anv coun of competent jurisdiction. such decision shall not affect the validin�or effectiveness of
the remaining portions of this Resolution or anv part thereof. The City Council of the Cit��of Chula
Vista hereby declares that it«�ould ha��e adopted each section irrespecti��e oFthe fact that am�one or
more subsections. subdi�isions, sentences.clauses,or phrases be declazed unconsiitutional,in��alid,
or ineffective.
SECTION li. Effecti��e Date of Resolution. This Resolution shall become effective
immediatel�� upon its adoption.
Presented by Approved as to form b}�
� �.�� `
Eric C. Crockett, len R. G o�ins.
Director of Economic De�elopment Ci _ ome��
Resolution No. 2016-018
Page No. 6
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California; this 9th day of February 2016 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, McCann, and Salas
I��AYS: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers Miesen
Mary las, Mayor
ATTEST:
�
Donna R. Noms, C C, ity Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norcis, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing
Resolution No. 2016-018 ��as duly passed, approved, and adopted by the Ciry Council at a regular
meeting ofthe Chula Vista Ciry Council held on the 9th day ofFebruary 2016.
Executed this 9th day of February 2016.
Donna R. Norris, MC; C' y Clerk
Resolution?�'o. 2016-018
Pase I�TO. 7
EXHIBIT A
Rate and Method of
Apportionment of Special Tax
Community Facilities District No. 17-1
f Western Chula Vista DIF Financing�
A Special Tax shall be levied on each Assessor's Parcel of Taxable Property within the boundaries of
Community Facilities District No. 17-I (Western Chula Vista DIF Financing)of the City of Chula Vista
(the "City") and collected each FY commencing in Special Tax Commencement FY applicable to
such Assessor's Parcel, in an amount determined bythe CFD Administrator through the application
of the procedures described below. All of the real property within CFD No. 17-I, unless exempted
by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the
manner herein provided.
1. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Accrued Interest Obligation" means for each Assessor's Parcel,the amount of interest accrued on
the Deferred DIF Obligation from the date of the issuance or grant of a Certificate of Occupancy for
such property as determined in accordance with Section 3.D below.
"Acre"or"Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel
Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the
applicable Final Map. An Acre means 43,560 square feet of land.
"Ac[" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of
Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
"Annual Special Tax" means the Special Tax actually levied in any Fiscal Year on any Assessor's
Parcel which is equal to the sum of the Annual Special Tax for Facilities and the Annual Special Tax
for Accrued Interest in accordance with Section 3.E below.
"Annual Special Tax for Facilities" means the amount of the Special Tax levied on an Assessor's
Parcel of Developed Property in any FY, commencing with the Special Tax Commencement FY,to
satisfy the repayment of the Deferred DIF Obligation over the term of the Special Tax as set forth
in Section 7 determined in accordance with Section 3.E below unless the Special Tax Obligation is
prepaid pursuant to the provisions of Section 6 thereto.
"Annual Special Tax for Accrued InteresY' means the amount levied on an Assessor's Parcel of
Developed Property in any FY,commencing with the Special Tax Commencement FY,to satisfy the
repayment of the Accrued Interest Obligation over the term of the Special Tax as set forth in
Section 7 determined in accordance with Section 3.E below unless the Special Tax Obligation is
prepaid pursuant to the provisions of Section 6 thereto..
Resolution No. 2016-018
PaRe No. 8
"Annual Special Tax for Current Interest" means the amount levied on an Assessor's Parcel of
Developed Property in any FY, commencing with the Special Tax Commencement FY,to satisfythe
requirement to pay interest on unpaid deferred fees during the 20-year repayment period
commencing with the Special Tax Commencement FY and ending on June 30th of the Special Tax
Final Year.
"Assessor" means the Assessor of the County of San Diego.
"Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned
Assessor's Parcel Number.
"Assessor's Parcel Map" means an official map of the Assessor designating parcels by Assessor's
Parcel Number.
"Assessor's Parcel Number" means the number assigned to an Assessor's Parcel by the Assessor
for purposes of identification.
"Assigned Special Tax Obligation" means for each Assessor's Parcel, the amount determined in
accordance with Section 3.B below.
"Building PermiY' means a building permit issued bythe Cityfor construction ofa Residential Unit
or Non-Residential Property located within CFD No. 17-I.
"Building Square Footage" means all of the square footage of usable area within the perimeter of
a residential structure, not including any carport,walkway, garage, overhang, or similar area.The
determination of Building Square Footage shall be made by reference to the Building Permit(s)
issued for such Assessor's Parcel and/or by reference to appropriate records kept by the City.
"Certificate of Occupanc�' means a certificate issued or approval granted by the City, or other
applicable government entity, that authorizes the actual occupancy of a Residential Unit for
habitation by one or more residents or the occupancy of Non-Residential Property.
"CFD Administrator" means an authorized representative of the City, or designee thereof,
responsible for determining the Assigned Special Tax Obligation and the Annual Special Tax, for
preparing the Annual Special Tax roll and/or calculating the Backup Special Tax.
"CFD No. 17-1" means the City of Chula Vista Community Facilities District No. 17-I (Western Chula
Vista DIF Financing).
"City" means the City of Chula Vista, California.
"Council" means the City Council of the City acting as the legislative body of CFD No. 17-I under
the Act.
"County" means the County of San Diego, California.
"Deferred DIF Obligation" means for each Assessor's Parcel, the remaining balance of DIFs that
have been deferred on such Assessor's Parcel since Building Permit issuance as determined in
accordance with Section 3.0 below.
"Developed Propert�' means for each FY, all Taxable Property for which a Building Permit was
issued prior to May 1 of the previous FY.An Assessor's Parcel classified as Developed Property but
for which the Building Permit that caused such Assessor's Parcel to be classified as Developed
Resolution No. 2016-018
Pa�e ?�o. 9
Property has been cancelled and/or voided prior to the FY for which Special Taxes are being levied
shall be reclassified as Undeveloped Property.
"DIF Deferrel AgreemenY' means, as to an Assessor's Parcel, the Agreement for Deferral of
Development Impact Fees by and between the owner of such Assessor's Parcel and the City.
"DIF" or "DIFs" shall, as to an Assessor's Parcel, have the meaning given such terms in the DIF
Deferral Agreement applicable to such Assessor's Parcel.
"Effedive Date" shall mean, as to each DIF Deferral Agreement, the effective date of such
agreement as specified therein.
"Exempt Propert�' means for each FY, all Assessor's Parcels designated as being exempt from
Special Taxes pursuant to Section 8 below.
"Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et
seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates
individual lots for which Building Permits may be issued without further subdivision.
"Fiscal Year" or "FY" means the period starting on July 1 and ending the following June 30.
"Initial Fiscal Year" means, as to any Assessor's Parcel subject to a DIF Deferral Agreement,the FY
in which the Effective Date of such DIF Deferral Agreement falls.
"Initial Interest Accrual Date" shall mean, as to any Assessor's Parcel of Developed Property, the
date on which the Certificate of Occupancy for such Assessor's Parcel is issued.
"Initial Accrued Interest Obligation FY" shall mean, as to any Assessor's Parcel of Developed
Property, the Fiscal Year in which the Initial Interest Accrual Date for such Assessor's Parcel falls.
"Maximum Special Tax Obligation" means for each Assessor's Parcel, the amount assigned in
accordance with Sections 3.A below.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued for the purpose of constructing one or more non-residential
structures or facilities.
"Original Parcel" means an Assessor's Parcel within the boundaries of CFD No. 17-I that was
assigned a Maximum Special Tax Obligation and an Assigned Special Tax Obligation in the prior FY
but has been subsequently subdivided into Successor Parcels for the current FY.
"Prepayment AmounY' means the amount required to prepaythe Annual Special Tax obligation in
full for an Assessor's Parcel as described in Section 6.A below.
"Public Property" means any property within the boundaries of CFD No. 17-I, which is owned by,
or irrevocably offered for dedication to the federal government, the State of California, the
County, the City or any other public agency; provided however that any property owned by a
public agency and leased to a private entity and subject to taxation under Section 53340.1 of the
Act shall be taxed and classified in accordance with its use.
"Residential Property" means all Assessor's Parcels of Developed Property for which a Building
Permit has been issued for the purpose of constructing one or more Residential Units.
Resolution No. 2016-018
Page No. ]0
"Residential Unit" means each separate residential dwelling unit that comprises an independent
facility capable of conveyance or rental, separate from adjacent residential dwelling units.
"Special Tax" means any special tax levied within CFD No. 17-I pursuant to the Act and this Rate
and Method of Apportionment of Special Tax.
"Special Tax Commencement FY"shall mean, as to each Assessor's Parcel classified as Developed
Property,the FY falling after the first day of the eleventh calendar year after the Effective Date of
the DIF Deferral Agreement applicable to such Assessor's Parcel.
"Special Tax Final FY" shall mean, as to each Assessor's Parcel of Developed Property, the FY
commencing on luly 1 of nineteenth (19th) fY following the Special Tax Commencement FY.
"Special Tax Obligation" means the total obligation of an Assessor's Parcel of Developed Property
to pay the Special Tax for the remaining term of the Special Tax applicable to such Assessor's
Parcel.
"Successor Parcel" means an Assessor's Parcel created by the Subdivision of one or more Original
Parcels pursuant to Section 4 below.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 17-I,
which are not exempt from the levy of the Special Tax pursuant to law or Section 8 below.
"Undeveloped Property" means, for each FY, all Taxable Property not classified as Developed
Property.
2. LAND USE CLASSIFICATION
Each FY, beginning with FY 2016-17, each Assessor's Parcel within CFD No. 17-I shall be classified as
Taxable Property or Exempt Property. In addition, all Taxable Property shall further be classified as
Developed Property or Undeveloped Property,and all such Taxable Property shall be subject to the
levy of Special Taxes in accordance with this Rate and Method of Apportionment of Special Tax
determined pursuant to Sections 3 and 4 below.
3. SPECIAL TAX RATES
A. Maximum Special Tax Obligation
The Maximum Special Tax Obligation applicable to an Assessor's Parcel subject to a DIF
Deferral Agreement in the Initial FY applicable to such Assessor's Parcel shall be
determined pursuant to Table 1 below.
Table 1
Initial FY Maximum Special Tax Obligation
Maximum
Assessor's Parcel No. Special Tax
Obligation
618-010-17 $1,366,800
Resolution No. 20]6-018
Pa�e No. ] 1
The Maximum Special Tax Obligation applicable to an Assessor's Parcel subject to a DIF
Deferral Agreement shall be subjed to escalation by the increase in any DIF included in the
Deferred DIF Obligation between amount of such DIF in effect on the Effective Date of such
Dlf Deferral Agreement and the amount of such DIF in effect on the date of issuance of the
first Building Permit for development of such Assessor's Parcel.
Commencing on July 1 of the FY following the Initial Interest Accrual Date, the
Maximum Special Tax Obligation for such Assessor's Parcel shall increase on July 1 of
each FY by an amount equal to two percent (2%) of the Maximum Special Tax
Obligation in effect for the prior FY.
B. Assigned Special Tax Obligation
On July 1 of each FY commencing the Special Tax Commencement FY, the CFD
Administrator shall determine the Assigned Special Tax Obligation for that FY.
The Assigned Special Tax Obligation in any given FY commencing the Special Tax
Commencement FY shall be the sum of the Deferred DIF Obligation plus the Accrued
Interest Obligation. If for any FY the Assigned Special Tax Obligation is determined to be
greater than the Maximum Special Tax Obligation, then the Assigned Special Tax
Obligation shall be equal to the Maximum Special Tax Obligation.
C. Deferred DIF Obligation
The Deferred DIF Obligation applicable to an Assessor's Parcel classified as Undeveloped
Property shall be zero.
The initial Deferred DIF Obligation applicable to an Assessor's Parcel classified as
Developed Property shall be determined bythe CFD Administrator at the time of issuance
of a Building Permit for such Assessor's Parcel.The Deferred DIF Obligation shall be equal
to the sum of the applicable DIFs specified in the DIF Deferral Agreement for each Building
Permit issued for Assessor's Parcels within CFD No. 17-I.The amount of each DIF specified
in the DIF Deferral Agreement for an Assessor's Parcel shall be based on the fee schedule
applicable to such DIF in effect at the time of issuance of such Building Permit.
The Deferred DIF Obligation in any FY applicable to an Assessor's Parcel of Developed
Property shall be equal to the Deferred DIF Obligation in the prior FY less any Annual
Special Tax for Facilities payments made in the prior FY.
If a partial prepayment is made pursuant to Section 6.6 below,the Deferred DIF Obligation
will also be reduced by the applicable amount of the Deferred DIF Obligation that was
prepaid.
D. Accrued Interest Obligation
The Accrued Interest Obligation in the Initial FY and each subsequent FY priorto the Initial
Accrued Interest Obligation FY applicable to an Assessor's Parcel classified as Developed
Property for which a Certificate of Occupancy has not been issued prior to July 1 of such FY
shall be zero.
Resolution No. 2016-018
Pa�e No. 12
The Accrued Interest Obligation applicable to any Assessor's Parcel classified as Developed
Property shall commence to accrue on the Initial Interest Accrual Date. The Accrued
interest Obligation applicable to such Assessor's Parcel in the Initial Accrued Interest
Obligation FY shall be equal to two percent(2%)ofthe Deferred DIF Obligation as of July 1
of such FY multiplied by a fraction the numerator of which is the number of calendar days
from and including the Initial Interest Accrual Date to and including June 30th of such FY
and the denominator of which is 365. The Accrued Interest Obligation for each subsequent
FY prior to the Special Tax Commencement FY shall be equal to the Accrued Interest
Obligation in the prior FY pius two percent (2%) of the Deferred DIF Obligation as of July 1
ofthe prior FY.
The Accrued Interest Obligation in the Speciai Tax Commencement FY and each subsequent
FY applicable to an Assessor's Parcel classified as Developed Property shall be equal to the
Accrued Interest Obligation as of July 1 of the prior FY less any Annual Special Tax for
Accrued Interest payments made in the prior FY.
If a partiai prepayment is made pursuant to Section 6.8 below,the Deferred DIF Obligation
will also be reduced by the applicable amount ofthe Accrued Interest Obligation that was
prepaid.
E. Annual Special Tax
The Annual Special Tax for Developed Property in any FY commencing the Special Tax
Commencement FY shall be equal to (i) the Annual Special Tax for Facilities plus (ii) the
Annual Special Tax for Accrued Interest plus(iii)the Annual Special Tax for Current Interest.
The Annual Special Tax for Facilities in any FY commencing the Special Tax Commencement
FY shall be equal to the Deferred DIF Obligation on July 1 of the Special Tax
Commencement FY times the Repayment Rate specified in Table 2 below that corresponds
with such FY. In each subsequent FY, the Annual Special Tax for Facilities will remain
unchanged until the Deferred DIF Obligation is paid in full.
The Annual Special Tax for Accrued Interest in any FY commencing the Special Tax
Commencement FY shall be equal to the Accrued Interest Obligation on July 1 of the
Special Tax Commencement FY times the Repayment Rate specified in Table 2 below that
corresponds with such FY. In each subsequent FY, the Annual Special Tax for Accrued
Interest will remain unchanged until the Accrued Interest Obligation is paid in full.
The Annual Special Tax for Current Interest in any FY commencing the Special Tax
Commencement FY shall be equal to the Deferred DIF Obligation on July 1 of such FY times
the Current Interest Rate in Table 2 below that corresponds with such FY.
Resolution No. 2016-018
Paee Ivo. 13
Table 2
Amortization Table
Fiscal Year Repayment Rate Current Interest
Rate
Initial Accrued Interest
Obligation FY
through the FY preceding the 0% 0%
Special Tax Commencement
FY
Special Tax Commencement
FY through the Special Tax 5% 2%
Final FY
4. METHOD OF APPORTIONMENT
Commencing with the Special Tax Commencement FY and for each following FY, the CFD
Administrator shall apportion the Assigned Special Tax Obligation as set forth below.
First: All Original Parcels that are reflected on the Assessor's Parcel Maps applicable to the current
FY will be assigned a Maximum Special Tax Obligation and Assigned Special Tax Obligation in
accordance with Section 3 above.
Second: All Original Parcels that are not reflected on the Assessor's Parcel Maps applicable to the
current FY will be assigned a Maximum Special Tax Obligation and Assigned Special Tax Obligation
in accordance with Section 3 above as if such parcels still existed in their previous form.
Third: The Maximum Special Tax Obligation and Assigned Special Tax Obligation that were
calculated in the Second step above will be assigned to each applicable Successor Parcel based on
the amount of Taxable Acreage contained in such Successor Parcel divided by the amount of
Taxable Acreage contained in the relevant Original Parcel. The sum of the Maximum Special Tax
Obligations of each group of Successor Parcels shall be equal to Maximum Special Tax Obligation of
the applicable Original Parcel that was determined in the Second step. Likewise, the sum of the
Assigned Special Tax Obligations of each group of Successor Parcels shall be equal to Assigned
Special Tax Obligation of the applicable Original Parcel that was determined in the Second step.
Fourth:The Special Tax shall be levied on each Assessor's Parcel of Developed Property at 100°�of
the applicable Annual Special Tax.
Successor Parcels that are assigned a Maximum Special Tax Obligation and an Assigned Special Tax
Obligation in the current FY will be considered Original Parcels in the following FY.
5. COLLECTION OF SPECIAL TAXES
Collection of the Annual Special Tax shall be made by the County in the same manner as ordinary
ad valorem property taxes are collected and the Annual Special Tax shall be subject to the same
penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided,
however, that the Council may provide for (i) other means of collecting the Special Tax, including
Resolution No. 2016-018
Page No. 14
direct billings thereof to the property owners; and (ii) judicial foreclosure of delinquent Annual
Special Taxes.
6. PREPAYMENT OF SPECIAL TAX OBLIGATION
A. Prepayment in Full
Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash
settlement with the City as permitted under Government Code Section 53344.
The Special Tax Obligation applicable to an Assessor's Parcel of Developed Property, or
Undeveloped Property for which a Building Permit has been issued may be prepaid and the
obligation to pay the Special Tax for such Assessor's Parcel permanently satisfied as
described herein, provided that a prepayment may be made with respect to a particular
Assessor's Parcel only if there are no delinquent Special Taxes with respect to such
Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel eligible to
prepay the Special Tax Obligation shall provide the CFD Administrator with written notice
of intent to prepay, and designate or identify the company or agency that will be acting as
the escrow agent, if any. The CFD Administrator shall provide the owner with a statement
of the Prepayment Amount for such Assessor's Parcel within thirty(30)days of the request,
and may charge a reasonable fee for providing this service. The Prepayment Amount
(defined below) shall be calculated for each applicable Assessor's Parcel or group of
Assessor's Parcels as summarized below (capitalized terms as defined below):
Deferred DIF Obligation
plus Accrued Interest Obligation
plus Prepayment Administrative Fees and Expenses
Total: equais Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined in Step 4
below) shall be calculated as follows:
Step No.:
1. Confirm that no Special Tax delinquencies appiy to such Assessor's
Parcel.
2. For Assessor's Parcels of Developed Property, determine the Deferred
DIF Obligation and the Accrued Interest Obligation. For Assessor's Parcels
of Undeveloped Property for which a Building Permit has been issued,
compute the Deferred DIF Obligation for that Assessor's Parcel as though
it was already designated as Developed Property, based upon the
Buiiding Permit which has already been issued for that Assessor's Parcel.
3. Calculate the administrative fees and expenses of CFD No. 17-I, including
the costs of computation of the prepayment and the costs of recording
any notices to evidence the prepayment and the redemption (the
"Prepayment Administrative Fees").
Resolution No. 2016-018
Paee No. 1�
4. The amount to prepay the Special Tax Obligation is equal to the sum of
the amounts computed pursuant to paragraphs 1, 2 and 3 (the
"Prepayment Amount").
The CFD Administrator will confirm that all previously levied Special Taxes have
been paid in full. With respect to any Assessor's Parcel for which the Special Tax
Obligation is prepaid in full, once the CfD Administrator has confirmed that all
previously levied Special Taxes have been paid, the Council shall cause a notice of
cancellation of Special Tax lien to be recorded in compliance with the Ad, to
indicate the prepayment of the Special Tax and the release of the Special Tax lien
on such Assessor's Parcel, and the obligation of the owner of such Assessor's Parcel
to pay the Special Tax shall cease.
B. Partial Prepayment
The Special Tax on an Assessor's Parcel of Developed Property or Undeveloped Property for
which a building permit has been issued may be partially prepaid. The amount of the
prepayment shall be calculated as in Section 6.A, except that a partial prepayment shall be
calculated according to the following formula:
PP = (Pe-A) x F+A
These terms have the following meaning:
PP = the partial prepayment
Pe= the Prepayment Amount calculated according to Section 6.A
F = the percentage by which the owner of the Assessor's Parcel(s) is
partially prepaying the Special Tax Obligation
A = the Prepayment Administrative Fees and Expenses from Section 6.A
The owner of any Assessor's Parcel who desires such partial prepayment shall notify the
CFD Administrator of(i) such owner's intent to partially prepay the Special Tax Obligation,
(ii) the percentage by which the Special Tax Obligation shall be prepaid, and (iii) the
company or agency that will be acting as the escrow agent, if any. The CFD Administrator
shall provide the owner with a statement of the amount required for the partial
prepayment of the Special Tax Obligation for an Assessor's Parcel within siuty(60)days of
the request and may charge a reasonable fee for providing this service.
With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute
the funds remitted to it according to Section 6.A., and (ii) indicate in the records of CFD No.
17-I that there has been a partial prepayment of the Special Tax Obligation and that the
remaining Special Tax Obligation of such Assessor's Parcel, equal to the outstanding
percentage (1.00 - F) of the Deferred DIF Obligation and the Accrued Interest Obligation,
shall continue to be levied on such Assessor's Parcel in the same manner as before the
Partial Prepayment.
7. TERM OF SPECIAL TAX
The Special Tax shall be levied as long as necessary to satisfy the Assigned Special Tax Obligation
for a period not to exceed thirty (30) FYs commencing with Special Tax Commencement FY,
Resolution No. 2016-018
Paee No. 16
provided however that the Special Tax will cease to be levied in an earlier FY if the CFD
Administrator has determined that all CFD No. 17-I obligations have been satisfied.
8. EXEMPTIONS
The CFD Administrator shall classify only Assessor's Parcels of Public Property as Exempt Property.
If the use of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no
longer classified as Public Property, per the first paragraph of Section 8 above, such Assessor's
Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property.
9. APPEALS
Any landowner who pays the Special Tax and claims the amount of the Special Tax levied on his or
her Assessor's Parcel is in error shall first consult with the CfD Administrator regarding such error
not later than thirty-six (36) months after first having paid the first installment of the Special Tax
that is disputed. If foilowing such consultation the CFD Administrator determines that an error has
occurred,then the CFD Administrator shall take any ofthe following actions, in order of priority, in
order to correct the error:
(i) Amend the Special Tax levy on the landowner's Assessor's Parcel(s)for the current
FY prior to the payment date,
(ii) RequiretheCFDtoreimbursethelandownerfortheamountoftheoverpaymentto
the extent of available CFD funds, or
(iii) Grant a credit against, eliminate or reduce the future Special Taxes on the
landowner's Assessor's Parcel(s) in the amount of the overpayment.
If following such consultation and action by the CFD Administrator the landowner believes such
error still exists, such person may file a written notice of appeal with the City Council. Upon the
receipt of such notice, the City Council or designee may establish such procedures as deemed
necessary to undertake the review of any such appeal. If the City Council or designee determines
an error stiil exists,the CFD Administrator shall take any of the actions described as (i), (ii)and (iii)
above, in order of priority, in order to correct the error.
The City Council or designee thereof shall interpret this Rate and Method of Apportionment of
Special Tax for purposes of clarifying any ambiguities and make determinations relative to the
administration of the Special Tax and any landowner appeals. The decision of the City Council or
designee shall be final.
Resolution No. 2016-018
Paae I`'o. 17
EXHIBIT B
AGREEMEI�'T FOR DEFERRAL OF DIF
AGREEMENT FOR DEFERRAL
OF DEVELOPA4ENT IAIPACT FEES
This AGREEMENT FOR DEFERRAL OF DEVELOPMEI�'T IMPACT FEES (`Aareemenr'). is
eutered into effective ,20_("Effecti��e Date"),b��and between the City of Chula V ista a
chartered municipal corporation (the "Cin�'), and , a (`Developer').
The Cih and De��eloper are collecti��elv referred to in this Agreement as the "Parties `. The Par[ies
enter into this Asreement with reference to the followine recited facts (each a "Recital").
RECITALS
.A. Developer(and/or its affiliates)o�ims, in fee simple,the real propem�generallv I:no���n
as , Chula Vista, CA . as described and depicted in the attached
Ezhibit "A" (the "Propertv`). incorporated herein by this reference.
B. The De��eloper has applied for and the Cin�has appro��ed a mi�ed used de��elopment
of 80 unit multi-familv development and approximatel��2,100 square feet of commercial space on
the Propem� (the "Projecr').
C. As authorized by California Government Code section 66000, et sey., the City
imposes development impact fees in connection �vith the approval of a de��elopment project. Such
fees include: (i) the Public Facilities Development Impact Fee pursuant to Chula Vista A4unicipal
Code (`CVA4C") section 3.�0, er sey. ("PFDIF"); (ii) the Westem Transportation De��elopment
Impact Fee pursuant to CVMC section 3.5�. e� seg. (`TDIF"): and (iii) the Park Development Fee
pursuant to CVMC section ]7.10,e�seq. (`PAD"and together�rith the PFDIF and TDIF.the"DIFs '
and the oblioation to pay the DIFs. the "DIF Obligation").
D. Developer has pursued numerous financin� sources to finance the Project, and has
obtained a commitment for the requisite financing to commence and comple[e the Project:howe��er,
the terms of the financing require that pa��ment of the DIF Obligation be deferred and paid in
installments, rather than at the issuance of the certificate of occupancy for the residential units. as
other�rise required b��the City.
E. Without such deferraL the De��eloper �rill be unable to secure financine and the
Project ���ill not be financiall�� feasible.
F. De�eloper has requested that the Cit�� defer the aeareeate DIF Oblieation for the
Propern estimated to be � , in order to obtain the financine necessary to construct
the Project.
Resolution No. 2016-018
Page No. 18
G. The Cih� is initiating proceedings to form the Cit}� of Chula Vista Communin�
Facilities District No. 17-I (Westem Chula Vista DIF Financing Program) ("CFD No. 17-I")
pursuant to the Mello-Roos Community Facilities Act of 1982(the"Mello-Roos Act');as amended,
being Chapter 2.5,Part 1; Division 2, Title 5 ofthe Government Code ofthe State ofCalifornia(the
"State '), and the City ofChula Vista Community Facilities District Ordinance enacted pursuant to
the powers reserved by the Ciri- under Sections 3, 5 and 7 of Article XI of the Constitution of the
State(the"CFD Ordinance"and;toeether with the Mello Roos Act,the"CFD Law'),for the purpose
of financine, at the voluntary request of the o�mers of multi-family, commercial or industrial
properties located in that portion of the City between Interstate 5 and Interstate 805, including the
Palomar Gateway and Urban Core Specific Planning Areas and the Auto Park located east of
Interstate 80� (such properties to be referred to herein as"Westem Chula Vista '),the DIF Oblieation
imposed on such properties and thereby enabling the owners of such properties to pa�� the DIF
Obligations through the le�y of special taxes on such properties.
G. The Developer has requested that the Property be included in CFD No. ]7-I to enable
the DIF Obli�ation for the Property to be paid over time through the levy of special taxes on the
Properq�.
AGREEMENT
NOW THEREFORE, in consideration of the above Recitals and for good and valuable consideration
the receipt and sufficiency of which the Parties hereby acknowledge,Developer and the Cirv agree as
follows:
l. Aereement Reeardine Pavment of the DIF Obligatioa City agrees that the Developers
obligation to pay the DIF Obligation for the Project may be satisfied on the terms and
conditions set forth in this Agreement. Developer agrees and affirms that it has the
obligation to pay the DIF Obligation for the Prqject and agrees to do so on the terms and
conditions set forth within this Agreement.
a. Amount of DIF Obligation. At the time of the execution of this Agreement, the DIF
Obligation is estimated to be . This amount is an estimate
only, and the amount of DIF Obligation under this Agreement shall be calculated
according to the rates in effect at the time of issuance of the building permits for the
Project.
b. Interest Interest shall accrue from the date of issuance of a certificate of occupancy
for the Project at a rate of two percent (2.00%) per annum on any outstanding DIF
Obligation balance during the term of the Special Tax (defined below).
2. Inclusion of Pronerri� in CFD No. 17-I.
a. Consent and Arreement to Cooperate. Developer consents and agrees to cooperate
w�itl� tl�e City to include tl�e Property in CFD No. 17-1 for the purpose enabling the
DIF Oblioation S'or the Properry to be paid through the Ievy of a special taz by the
City on the Property (the "Special Tax").
Resolution No. 2016-018
Paee No. 19
b. Timine of Completion of Indusion of Prooem in CFD No. 17-1. The Propem must
be lesall�� included in CFD I�'o. 17-I and the Special Tax must be authorized to be
le��ied against the Propem�prior to the issuance of the initial buildine permit required
for the construction of the Project. �
c. Consent to l�'ai��e Cenain Provisions of the CFD La���. In order to shorten the period
of time to complete the inclusion of the Propem�in CFD No. 17-I De��eloper agrees
that De�eloper shall �vaive anv time limit or requirement specified in the CFD La���
applicable to any election conducted pursuant to the CFD Law to authorize the le���
of the Special Tax on the Propem�. induding���ithout limitation, the time period for
holdins such election.the analysis and areuments that���ould othen�lse be applicable
to such an election.
d. V�'ai��er of Ri�ht to Protest. Developer acl:nowledges that Developer has��oluntaril��
requested that the Propem�be included in CFD NO. 17-1 and that the Special Ta�be
authorized to be levied against the Propem�. De��eloper therefore ���aives an}� rieht
that Developer may ha��e to protest aeainst the proceedines to include the Propem in
CFD NO. 17-1 and/or the authorization to le���the Special Taa asainst the Propem�.
e. Pavment of the DIF Oblisation. Upon inclusion of the Propem�in CFD No. 17-1 the
authorization of the le���of the Special Tax on the Propem, the pa��ment of the DIF
Obligation for the Project shall be satisfied b}� the payment of the Special Ta� as
levied on the Propem throughout the term of the Special Ta�.
The Special Tax shall be levied pursuant to the Rate and Method ofApportionment
thereof(the "Rate and D4ethod"). The authorization to 1e�7� the Special Tax on the
Propem� pursuant to the Rate and A9ethod shall be subject to the approval of the
De��eloper in a special election called for such purpose as a part of the proceedings to
include the Property in CFD I�'O. 17-1.
The Special Tax shall be collected in the same manner as ordinar��ud vulorem taxes
are collected and shall be subject to the same penalties and same procedure,sale and
lien priorit��in the case of delinquency as is pro��ided for ud ralorem ta�es;provided.
ho�+�ever. the Special Tac may be collected b�� direct billine if so authorized and
directed b�� the Citv Council.
The Special Tax shall be annuall�� levied commencing in the fiscal ��eaz falling afrer
the first da}� of the ele��enth year after the Effective Date of this Agreement (the
"Special Tav Commencement Date `) for the term of such Special Ta�as set forth in
the Rate and Method until the DIF Obli�ation. and anv accumulated interest and
penalties on the DIF Obligation ha��e been paid in full. All interest that has accrued
prior to the Special Ta� Commencement Date shall be incorporated into the Special
Ta� o��er the repa��ment term and no further interest shall accrue on said accrued
interest amount; provided, ho���e��er, that interest shall continue to accrue on am�
unpaid DIF Obligation.
Resolution No. 2016-018
Pa=e No. 20
£ Prepavment. The Developer may prepay the Special Tax pwsuant to the provisions of
tt�e Rate and Method.
3. Results of Special Election to Authorize Lew of the Special Tax.Ifthe canvas ofballot to
authorize the 1e�7-of the Special Taa on the Property determines tbat such vote is in favor of
such authorization, the City shall record or cause the recordation of a Notice of Special Tax
Lien against the Propert}�pursuant to the provisions ofthe CFD Law and Streets&Highways
Code Section 311�S. If the cam�as of such ballot determines that such vote is in opposition
to such authorization or the Developer fails to submit such a ballot, this Agreement shall
terminate without further action by the Parties and the DIF Obligation in effect at the time of
commencement of development of the Project shall be due and payable as provided for in the
CVMC.
4. Challenee to Formation of CFD No. l7-I or Authorization to Lev��the Special Tax. If
legal proceedings are initiated to challenge the validity of the proceedings to form CFD No.
17-] and/or the authorization to levy the Special Tax,the Ciry may tender the defense of any
such action to the Developer. If the Developer elects to accept the defense of such action,the
Developer shall bear all costs, including attorneys' fees, of such defense. If the Developer
refuses or fails to accept the defense of such action, the City Council may; in its sole
discretion, elect to defend such action at the City's expense or may, alternativel}�, elect to
abandon such proceedings in which event this Agreement shall terminate without fuRher
action by the Parties and the DIF Obligation in effect at the time of commencement of
development of the Project shal] be due and payable as provided for in the CVMC.
5. De��eloament of the Proiect. This Agreemenf does not obligate Developer to develop the
Project on the Property. If De��eloper provides notice to the City of its abandonment of the
Project at any time prior to issuance of a certificate of occupancy, Developer shall have no
obligations or liabilities under this Agreement and the Ciry Council shall instruct the Ciry
Clerk to record a notice of cessation of the Special Tax against the Property thereby
terminating the Special Tax Lien; provided,however, if Developer or any successor thereto
thereafrer proceeds with development of the Project, the DIF Obligation therefor,
recalculated at the time of filing written notice of intent to proceed, shall be due and payable
as a condition of issuance of a certificate of occupancy.
6. Assi�nments and Transfers. Developer may not assign or transfer all or any portion of its
interest in the Property or Project, unless and until (a) Developer prepays the Special,Ta�c
obligation pursuant to the Rate and Method, or (b) City reasonably approves the proposed
transFeree(s), and such transferee(s) agrees in writing to assume De��eloper's obligations
hereunder. In determining whether to consent to an assignment or transfer of interest. the
City may evaluate the financial position of the entify or individual to whom the transfer is
proposed,the length oftime such entity or individual has engaged in a similar business to the
Developer; and such other reasonable factors which may affect such entity's or individual's
abiliry to satisfy the tern�s and conditions under this Agreement. Developer agrees to
cooperate with the City as reasonably necessary during the approval process, which shall be
completed within 21 days after delivery of written consent by the proposed transferee(s) to
assume De��eloper's obliaations under this A�reement (the "Review Period"). The Cit}�`s
Resolution No. 2016-018
Paae\'o. 21
determination shall be final. The proposed transferee(s) of De��eloper`s interest in the
Propert}� or Project shail be deemed approved if the Ciri� does not approve or reject the
transferee(s) prior to eapiration of the Re�ie�� Period.
7. Recitals and Ezhibits. Anv recitals set forth abo�-e and erhibits attached hereto are
incorporated b�� reference into this Agreement.
8. Authoriri. Each of the signatories to this A�reement��arrants and represents that he or she
is competeot and authorized to enter this Aareement on behalf of the Pam� for whom he or
she purports to sian.
9. Notices. Unless otherwise specificall}� permitted b}� this Aareement. all notices or other
communications required or permitted under this Aereement shall be in nriting,and shall be
personalh deli��ered: sent bv registered or certified mail, postage prepaid. retum receipt
requested; or sent b}� facsimile, proeided that the telecop} cover sheet contain a notation of
the date and time of transmission, and shall be deemed received: (a) if personalh delivered,
upon the date of deli��en�to the address of the person to receive such notice; (b) if mailed in
accordance��°ith the pro��isions of this paraeraph,two(2)business davs afrer the date placed
in the United States mail. (c) if mailed other than in accordance �ith the provisions of this
pazagraph or mailed from outside the United States.upon the date of deliverv to the address
of the person to receive such notice, or(d) if given b��facsimile during business hours��hen
delivery can be confirmed; when deli��ered. I�btices shall be eiven at the follon�ine
addresses:
If to City: City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Director of Development Services
Email: kbrouzhtonCachulavistaca.�ov
If to Developer:
With copies to:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Attorney
10. Captions. Captions in this Agreement are inserted for convenience of reference and do not
define, describe or limit the scope or intent of this Aereement or an} of its terms.
Resolution No. 2016-018
Pa�e No. 22
11. Allocation of Le2a1 Expenses. Each Party shall bear its own costs relative to any costs or
expenses incurred in compliance with, or in the drafting or negotiation of, and the approval
process; of this Agreement.
12. Eutire AEreement. This Agreement contains the entire agreement between the parties
regazding the subject matter hereof. Any prior oral or written representations, agreements;
understandings, and/or statements shall be of no force and effect and are intended to be
replaced in total by this Agreement. Each Party warrants and represents that no
representative of any other Party has made any oral representation or oral agreements not
contained in this Agreement. Each party furiher warrants and represents that it has not relied
upon any oral statements or promises made by any representatives of any other Party to this
Agreement in executing this Agreement.
13. Preaaration of Aereement.No inference,assumption or presumption shall be drawn from
the fact that a party or its attomey prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the preparation and/or
drafting of this Agreement.
14. Administrative Claims Requirements and Procedures. No suit or arbitration shall be
brought azising out of this Agreement,against City unless a daim has first been presented in
writing and filed with City and acted upon by City in accordance with the procedures set
forth in Chapter 134 of the Chula Vista Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated by this reference as if fully set forth
herein, and such policies and procedures used by City in the implementation of same. Upon
request by Ciry, Developer shall meet and confer in good faith with City for the purpose of
resolving any dispute over the terms of this Agreement..
15. Governin¢Law. This Agreement shall be subject to and governed by the laws ofthe State of
California, without regard to conflict of law rules.
16. Severabilitv. In the event that any provision of this Agreement is declared by any court of
competentjurisdiction or any administrative judge to be void or otherwise invalid, all of the
other terms,conditions and provisions of this Agreement shall remain in full force and effect
to the same eatent as if that part declared void or invalid had never been incorporated in the
Agreement and in such fom�, the remainder of the Agreement shall continue to be binding
upon the Parties, provided that the provision stricken is not a material term or condition of
this Agreement. In the event that the provision is material, the Parties agree to meet and
confer to amend the Agreement such that its original purpose and intent can be fulfilled. If
the Parties are unable to amend the Agreement, then payment of the outstanding balance of
the DIF Obligation shall be accelerated in the manner identi5ed in Section 4 of this
Agreement.
l 7. Counterparts. This Agreement may be signed and executed in one ar more counterparts,
each of which shall be deemed an orieinal and al] oP wl�ich together shall constitute one
Agreement. Delivery of an eaecuted counterpart of a signature page of this A�reement by
Resolution No. 2016-01 S
Pa�e I�'o. 23
facsimile or email shall be effecti��e as deli��en�of an orieinalh�executed counterpart of this
Aereement.
18. Time of the Essence. Time is of the essence in the performances of the Panies' oblieations
contained herein.
19. Wai�•er. A failure of a Pam� to enforce strictl�� a pro��ision of this Aereement shall in no
event be considered a ��aiver of any pam� of such pro��ision. No ���aiver b� a Pam� of am
breach or default b}� the other Pam� shall operate as a �ti�aiver of am� succeedine breach or
other default or breach b�� such other Pam�. \o ���ai��er shall have am� effect unless it is
specific, irrevocable and in �tiTitin_.
Z0. Further Acts. tn addition to the acts recited in this Aereement, the Parties agree to perform:
or cause to be performed on the date of this A�reement.or thereafrer,anv and all such further
acts as may be reasonabh� necessarv to consummate the transactions contempiated hereb.�.
Each of the Panies agrees that it���ill execute and deliver al] such documents and instrumenu
as may be necessan� and appropriate to effecmate the terms of this Agreement.
�SIGNATURE PAGE TO FOLLO�V]
Resolution No. 2016-018
Page No. 24
IN V✓ITNESS WHEREOF, this Agreement for Deferral of Development Impact Fees has been
eaecuted bv the Parties as of the last date set forth below.
Dated:
By:
Name:
Title:
CITY OP CHULA VISTA,
a chartered municipal corporation
Dated:
By:
Name: Gary Halbert
Approved as to Forni: Title: City Manager
By:
Glen R. Googins, City Attomey
EXHIBIT A— Depiction and Description of Property
APN:
LEGAL DESCRIPTION