HomeMy WebLinkAbout2009/03/17 Item 2
CITY COUNCIL
AGENDA STATEMENT
~(!f:.. CITY OF
~CHULAVISTA
3/17/09, Item 2..
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
SUMMARY
The City of Chula Vista requires the payment of various processing, development impact, capacity,
and in-lieu fees to ensure new development mitigates its impact on public facilities. The payment of
these fees is a substantial commitment for many projects, and spreading the payment of the fees
over an extended period may assist in the development of projects. In December 2008, members of
the development community contacted the City and requested an extended payment schedule
program be considered. The Ordinance establishing a payment plan was approved by the City
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3/17/09, Item~
Page 2 of5
Council and became effective on February 6, 2009. This is the first of several payment plan .
agreements to be entered into pursuant to the Ordinance.
ENVIRONMENTAL REVIEW
The City's Environmental Review Coordinator has reviewed the proposed actlVlty for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines;
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not
subject to CEQA.
RECOMMENDATIQN
Council adopt the resolutions.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
As a result of the current downturn in development and the continued tightening of the credit
market, the burden created by the payment of fees at building permit issuance has increased.
Local developers and the Building Industry Association (BIA) approached the City requesting
consideration of an extended payment plan program. The City Council approved an Ordinance
establishing the Development Processing and Impact Fee Payment Plan, which became effective
on February 6, 2009. The Ordinance provides a framework for individual projects to enter into
payment plan agreements with the City, to be brought forward to Council for approval. The
program is intended as a temporary response to the current housing market slump, and as such,
will expire on December 30, 2010.
Participation in the program requires the developer enter into an agreement with the City
identifying the fees to be paid, total fee amount due, and establishing a payment schedule for the
fees. The fees due are as determined by the fee schedule in effect at the time the agreement is
executed. If the applicant fails to comply with all provisions and requirements of the Ordinance
or individual payment plan agreement, the City will adjust the development processing and
impact fees due to the fees in effect at the time permits subsequent to the breach are issued.
The maximum payment schedule is 12 months, with an optional 12-month extension at the
discretion of the City Manager or his designee.. Any additiona,l extension of the payment
schedule requires Council approval. In no event will the fee payment schedule extend beyond
either: 1) the call for final inspection card for residential development, or 2) the issuance ofthe
certificate of occupancy for a non-residential development.
All developers with projects currently submitted to the City for review and permitting are
eligible for the extended payment program, including residential, commercial, and industrial
projects. Those developers with current outstanding debts with the City are not eligible for the
program until their City accounts are brought current, to the satisfaction of the Finance Director.
The order in which payment plan funds are applied to the various fee programs. shall be at the
sole discretion of the Finance Director. The payment schedule agreement required by the
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program is non-transferable and must be recorded as a lien on the subject property, with the
applicant responsible for all recording costs. Upon receipt of payment in full, the City will file a
release of lien.
Approval of Agreements
Several developers have approached staff and are ready to enter into Development Processing
and Impact Fee Payment Plan agreements. Approval of a particular resolution would approve
the several agreements to be entered into with the development community.
Oakwood - This resolution would approve an agreement with Oakwood Development for.
Marquis Phase 3. In Phase 3, Oakwood proposes to develop 4 residential units named the
Marquis Phase 3 project in Otay Ranch Village 6. The project is located at Lot I of Final Map
Number 15618. The following table provides a summary ofthe balance of fees due on this
project and included in the agreement. Oakwood owns the property for Phase 3 and agrees that
they are responsible for all of the development impact fees owed for the project. Oakwood also
acknowledges and agrees that these fees are due and payable to the City prior to or upon the call
for final inspection. The following table provides a summary of the balance of fees due on the
project and included in the agreement.
Marquis Phase 3
TOTAL
$420,066.09
$420,066.09
$29,529.69
$29,529.69
$390,536.40
$390,536.40
Shea Homes Ltd Partnership - This resolution would approve an agreement with Shea Homes
for Agave Phase 11-13, Clover Phase 6 and Mosaic Phase 4. In Agave Phase 11-13, Shea
Homes proposes to develop 32 residential units named Agave Phase 11, Agave Phase 12 and
Agave Phase 13 projects in Otay Ranch Village 11 Neighborhood R-24/25, Final Map Number
15056.
In Clover Phase 6, Shea Homes is proposing to develop 8 residential units named the Shea
Homes Clover Phase 6 project in Otay Ranch Village 11. The project is located at Lot 9 of Otay
Ranch Village 11, Neighborhood R-18 of Final Map Number 15509.
In Mosaic Phase 4, Shea Homes is proposing to develop 10 residential units named the Shea
Homes Mosaic Phase 4 project in Otay Ranch Village'7, Neighborhood R-IB. The project is
located at Parcel 2 of Otay Ranch Village 7, Neighborhood R-IB of Parcel Map Number 20057.
Shea Homes Ltd Partnership owns the property for Agave Phases 11-13, Clover Phase 6, and
Mosaic Phase 4 and agrees that they are responsible for all of the development impact fees owed
for the project. Shea Homes also acknowledges and agrees that these fees are due and payable to
the City prior to or upon the call for final inspection. The following table provides a summary of
the balance of fees due on these projects and included in the agreements.
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3/17/09, Item~
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Agave Phase 11 $226,105.98 $10,745.92 $215,360.06
Agave Phase 12 $179,096.26 $9,784.07 $169,312.19
Agave Phase 13 $113,058.98 $5,378.95 $107,680.03
Clover Phase 6 $91,095.85 $8,639.53 $82,456.32
Mosaic Phase 4 $83,261.50 $7,091.60 $76,169.90
TOTAL $692,618.57 $41,640.07 $650,978.50
Cornerstone Communities - This resolution would approve an agreement with Cornerstone
Communities for Andorra Phase 7 and Palma at Rolling Hills Ranch Model Units. In Andorra
Phase 7, Cornerstone Communities proposes to develop 21 total residential units named Andorra
Phase 7 project in The Summit at Eastlake. The project is located at Lots 32 and 34 of the
Summit at Eastlake of Final Map Number. 14814.
For their Palma Models, Cornerstone Communities is proposing to develop 3 residential units
named the Palma project in Rolling Hills Ranch. The project is located at Lots 1, 2 and 5 of
Rolling Hills Ranch, Subarea III, Neighborhood lOA of Final Map Number 15024.
Cornerstone Communities, owns the property for Andorra Phase 7 and the Palma Model Units
and agrees that they are responsible for all of the development impact fees owed for the projects.
Cornerstone Communities also acknowledges and agrees that these fees are due and payable to'
the City prior to or upon the call for final inspection.' The following table provides a summary
of the balance of fees due on both proj ects and included in the agreement.
Andorra Phase 7
Palma Model Units
TOTAL
$95,324.13
$49,265.23
$144,589.36
$26,589.63
$0.00
$26,589.63
$68,734.50
$49,265.23
$117,999.73
Interest on Deferred Fees
Applicants will not be required to submit an administrative fee to cover the cost of administering
the payment plan agreements. An interest rate based on the California State Local Agency
Investment Fund (LAIF) Apportionment Rate in effect on the date of the execution of each.
Agreement will be charged on the balance of fees due at the call for final inspection. The current
investment rate is 2.54%.
These agreements adhere to the stipulations outlined in this report and included in the adopted
Development Processing and Impact Fee Ordinance. The payment plan requires all processing
fees be paid at permit issuance and the balance of fees paid at the call for final inspection.
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Depending on market condition and construction schedules, occupancy is anticipated to occur
within the initial 12-month agreement and the sunset date of December 30, 2010. Approval of
the agreement will enable the project to proceed and stimulate economic development within
Chula Vista.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet ofthe boundaries ofthe properties, which are the subject ofthis action.
FISCAL IMPACT
Processing of these agreements will have a positive impact on the Development Services Fund.
Currently, the fund revenues have a projected shortfall of $1.7M due to the decrease in
development activity. The payment of $97,759.39 in processing fees will lower the projected
shortfall.
Payment plan agreements as authorized by the Ordinance, applicants will reimburse the City for
all costs incurred in the prepatation,execution, and recordation of the individual project
agreements. Staff costs incurred in administering individual payment plan agreements will not
be recovered via a stand-alone administrative fee. It is anticipated that these costs will not
exceed staff time generally spent administering fee programs. Payment plans will enable the
collection of processing fees on projects, which might otherwise cease and thus, stimulate the
economy and improve development services revenue.
SUMMARY
Marquis Phase 3
Agave Phase 11
Agave Phase 12
Agave Phase 13
Clover Phase 6
Mosaic Phase 4
Andorra Phase 7
Palma Model Units
TOTAL
$420,066.09
$226,105.98
S 179,096.26
$113,058.98
$91,095.85
$83,261.50
$95,324.13
$49,265.23
$1,257,274.02
$29,529.69
$10,745.92
$9,784.07
$5,378.95
$8,639.53
$7,091.60
$26,589.63
$0.00
$97,759.39
. $390,536.40
$215,360.06
$169,312.19
$107,680.03
$82,456.32
$76,169.90
$68,734.50
$49,265.23
$1,159,514.63
Approval of individual project payment plan agreements will result in extended payment of
processing and development fees. Interest earnings are estimated at $29,451.68.
ATTACHMENTS
1. Ordinance 3120
Prepared by: lracsema Qui/antan, Assistant Director of Engineering, Public Works Department
K:\ENGINEERIRESOS1Resos2009\03.03-09\F1NAL DEVLEOPER STAFF REPORnpttyment Plan AgreementsREV3 rvsd by TQ.doc
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ATTACHMENT I
ORDINANCE NO. 3120
ORDINANCE OF THE CITY OF CHULA VISTA
ESTABLISHING THE DEVELOPMENT AND PROCESSING
ThAPACT-FEEPAYMENTPLANPROGRAM
WHEREAS, the City of Chula Vista (City) requires the payment of various types of
development impact fees to help address the impacts of new development; and
WHEREAS, on August 7, 1990, pursuant to Ordinance No. 2384, the City Council
established the Telegraph Canyon Drainage Fee; and
WHEREAS, Ordinance No. 2384 requires that the Telegraph Canyon Drainage Fee be
paid before the approval by the City of the development project, or if not paid at the time of
approval of the final map or parcel map, the fee must be paid before the issuance of the first
building permit for the development; and
WHEREAS, on December 9, 1997, pursuant to Ordinance No. 2716, the City Council
establish the Poggi Canyon Sewer Basin Development Impact Fee; and
WHEREAS, Ordinance No. 2716 requires that the Poggi Canyon Sewer Basin
Development Impact Fee-be paid in cash upon the issuance of a building permit; and
WHEREAS, on January 5, 1999, pursuant to Ordinance No. 2767, the City Council
established the OtayRanch Village 1 and 5 Pedestrian Bridge Development Impact Fee; and
WHEREAS, Ordinance No. 2767 requires that the Otay Ranch Village 1 and 5 Pedestrian
Bridge Development Impact Fee be paid prior to the issuance of building permits for residential
development projects; and
WHEREAS, on February 18, 2003, pursuant to Ordinance No. 2898, the City Council
established the Pedestrian Bridge Development Impact Fee Program for Otay Ranch Village 11;
and
WHEREAS, Ordinance No. 2898 requires that the Pedestrian Bridge Development
Impact Fee for Otay Ranch Village 11 be paid in cash upon the issuance of a residential building
permit; and
WHEREAS, Chapter 3.32 of the Chula Vista Municipal Code establishes the Residential
Construction Tax; and
WHEREAS, the Residential Construction Tax requires that the tax be paid upon the
application for a building permit; and
2-6
Ordinance No. 3120
Page 2
WHEREAS, Chapter 3.50 of the Chula Vista Municipal Code establishes the
Development Impact Fees to Pay for Various Public Facilities (PFDIF); and
WHEREAS, the PFDIF requires that the fee be paid upon the issuance of a building
permit; and
WHEREAS, Chapter 3.54 of the Chula Vista Municipal Code establishes the
Transportation Development Impact Fee for the Eastern Territories of the City (TDIF) and
Chapter 3.55 of the Municipal Code establishes the Western Transportation Development Impact
Fee (WTDIF); and
WHEREAS, both the TDIF and the WIDIF require that the fee be paid upon the issuance
of a building permit; and .
WHEREAS, Section 13.14.090 of the Chula Vista Municipal Code establishes the
Sewage Capacity Charge; and
WHEREAS, the City recognizes that the payment of fees represents a substantial
financial commitment for many projects; and
WHEREAS, the City recognizes that establishing a payment plan for certain fees may
assist in the development of projects; and
WHEREAS, this Ordinance establishes a payment plan for certain development
processing and impact fees for a specified period oftime.
NOW THEREFORE, the City Council of the City ofChula Vista does ordain as follows:
Section 1. Environmental Review
The City's Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines;
therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines the activity is not
subject to CEQA.
Section 2. Purpose
The City Council of the City of Chula Vista desires to encourage the construction of
residential and nomesidential development projects within the City. The City Council finds that
the early payment of certain impact fees for new development creates such a barrier to such
development and desires, by the adoption of this Chapter, to ease such barrier by establishing a
payment plan for certain development impact fees.
2=L--
Ordinance No. 3120
Page 3
Section 3. Definitions
"Applicant" means the owner of the real property or the developer with an approved
development project who seeks a development impact fee payment plan pursuant to this
Ordinance.
"Approved Residential Development Project" means a market rate residential development
consisting of single-family or multifamily residential units sold or rented at prevailing market
rates and free of any affordabiIity restrictions which has received final discretionary action by the
City and which is in compliance with all environmental requirements due prior to issuance of a
building permit.
"Approved Development Project" means a nonresidential development which has received
final discretionary action by the City and which is in compliance with all environmental
requirements due prior to issuance of a building permit.
Section 4. Development Impact FeeS Subject to the Payment Plan Program
Notwithstanding the provisions of Chapters 3 .32, 3.54 and 3.55 of the Chula Vista Municipal
Code and the Ordinances listed below, the provisions of this Ordinance shall apply only to the
following development impact fees:
(a) the Sewer Capacity Fee codified in Section 13.14.090 of the Chula Vista Municipal
Code;
(b) the Residential Construction Tax codified in Chapter 3.32 of the Chula Vista Municipal
Code;
(c) the Development Impact Fees to Pay for Various Public Facilities codified in Chapter
3.50 of the Chula Vista Municipal Code;
(d) the Eastern Area Transportation Development Impact Fee codified in Chapter 3.54 of
the Chula Vista Municipal Code;
(e) the Western Transportation Development Impact Fee codified in Chapter 3.55 of the
Chula Vista Municipal Code;
(f) the Telegraph Canyon Drainage Fee established on August 7, 1990 pursuant to
Ordinance No. 2384;
(g) the Poggi Canyon Sewer "Basin Development Impact Fee established on December 9,
1997, pursuant to Ordinance No. 2716;
(h) the Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee established
on January 5,1999, pursuant to Ordinance No. 2767; and
2-:-8
Ordinance No. 3120
Page 4
(i) and the Pedestrian Bridge Development Impact Fee Program for Otay Ranch Village 11
established on February 18, 2003, pursuant to Ordinance No. 2898.
Section 5. Establishment of the Development Impact Fee Payment Plan Program
(a) The Development Impact Fee Payment Plan Program is established for those
development impact fees listed in Section 4.
(b) The Development Impact Fee Payment Plan Program shall apply only to Approved
Residential Development Projects and Approved Development Projects as defmed in
this Ordinance.
(c) An Applicant may file an application with the City to request a payment plan for any or
all of those development impact fees listed in Section 4.
(d) The Applicant shall deposit with the City an amount to be determined by the City
Manager for an Approved Residential Development Project or an Approved
Development Project at the time the building permits are issued. No building permit
shall be issued- for an Approved Residenti-al Development Project or an Approved
Development Project subject to this Ordinance unless the - Applicant has paid thi~
deposit.
(e) The Applicant, and the owner of the property, if different, shall be required to enter into
an agreement "With the City, in a form approved by the City Attorney, agreeing to the
payment plan.
(f) The maximum period for any payment plan pursuant to this Chapter is twelve (12)
months from the date of issuance of building permits. This period may be extended once
for twelve (12) months at the discretion of the City Manager. Any additional extensions
shall be at the discretion of the City Council.
(g) All fees subject to the Development Impact Fee Payment Plan Program shall be paid in
full the earlier of: (1) the City's approval and signature on the final inspection card by
the Director of Planning and Buildirig, or designee, for an Approved ReSidential
Development Project; or (2) the issuance of the certificate of occupancy for an Approved
Development Project; or (3) the end of the maximum period described in subsection (f)
of this Section 5.
Section 6. Agreement Shall Constitute a Lien
The Applicant and the o\mer of the property, if different, shall execute a Development
Impact Fee Payment Plan Program Agreement with the City. The Agreement shall be recorded
by the City and shall constitute a lien against the property for the payment of the fees. The City
Manager shall execute the Agreement on behalf of the City.
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Ordinance No. 3120
Page 5
Once the obligation is paid in full, the City shall record a Release of the Lien.
Section 7. Determination of the Amount of Development Impact Fees
The amount of development impact fees owed by the Applicant shall be determined by the
City pursuant to the provisions outlined in the Municipal Code or in the ordinances establishing
the fees. These amounts shall be fixed as of the date of the execution of the Development Impact
Fee Payment Plan Agreement by the City. The amounts of these fees shall not change as long as
the Applicant is in full compliance with all provisions and requirements of this Ordinance and
the Development Impact Fee Payment Plan Program Agreement. If, however, the Applicant fails
to comply with all the provisions and requirements of this Ordinance or the Agreement, the City
may adjust the development impact fees to reflect the current rates for the fees..
Section 8. Not Transferable
The City's approval of a Development Impact Fee Payment Plan is not transferable to any
other project, even if the Applicant is the same and the' other project would qualify for the
Development Impact Fee Payment Plan Program. .
Section 9. Recordation Costs
The Applicant shall pay all costs of recordation of documents required pursuant to this
Ordinance and the Development Impact Fee Payment Plan Program Agreement at the execution
of the Development Impact Fee Payment Plan Program Agreement by the City.
Section 10. Expiration of this Ordinance
This Ordinance shall take effect thirty days after fmal passage and shall expire on
December 31,2010, and as of that date, is repealed.
Presented by
Approved as to form by
~..
7~~'
Richard A. Hop . s '
Engineering Director
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B ; Miesffid .
CIty Att~y .
2-10
Ordinance No. 3120
Page 6
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 6th day of January 2009, by the following vote:
AYES:
Councilmembers:
Bensoussan Castaneda, McCann, Ramirez. and Cox
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
=1Cf#!!r
ATTEST:
AIfJ4~ ~(~Ju)l
Donna R Noms, CMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
OrdiJ).ance No. 3120 had its first reading at a regular meeting held on the 16th day of December
2008 and its second reading and adoption at a regular meeting of said City Council held on the
6th day of January 2009; and was duly published in summary form in accordance with the
. requirements of state law and the City Charter.
Executed this 6th day of January 2009.
~ t Jt(~
Donna R. Norris, eMC, City Clerk
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RESOLUTION NO. 2009
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE DEVELOPMENT
IMP ACT FEE PAYMENT PLAN PROGRAi\1 AGREEMENT
("AGREEMENT") WITH OAKWOOD FOR. MARQUIS
PHASE 3, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT ON BEHALF OF THE CITY,
AND DIRECTING THE CITY CLERK TO RECORD A LIEN
AND THE AGREEMENT WITH THE COUNTY RECORDER
OF THE COUNTY OF SAN DIEGO
WHEREAS, the City requires the payment of various processing, development impact,
capacity, and in-lieu fees to ensure new development mitigates its impaCt on public facilities; and
WHEREAS, the payment of these fees is a substantial commitment for many projects,
and spreading the payment of the fees over an extended period may assist in the development of
projects; arid
WHEREAS, in December 2008, members of the development community contacted the
City and requested an extended payment schedule program be considered; and
WHEREAS, the City Council approved an Ordinance establishing the Development
Processing and Impact Fee Payment Plan, which became effective on February 6, 2009; and
WHEREAS, in Phase 3, Oakwood proposes to develop 4 residential units named the
Marquis Phase 3 project in Otay Ranch Village 6; and
WHEREAS, Oakwood owns the Property for Phase 3 "(Property") and agrees that they
are responsible for all of the development impact fees owed for the project; and
WHEREAS, Oakwood also acknowledges and agrees that these fees are due and payable
to the City prior to or upon the call for final inspection; and .
WHEREAS, by executing this Agreement and placing a lien on the Property, the City is.
securing the payment of the deferred fees.
NOW, THEREFORE; BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approVe the Agreement with Oakwood for Marquis Phase 3 and authorize the
City Manager to execute the Agreement on behalf of the City.
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BE IT FURTHER RESOLVED by the City Council of the City Of Chula Vista that the
City Clerk is directed to record a lien and the Agreement with the County Recorder of the
County of San Diego.
Presented by
Richard A. Hopkins
Director of Public Works
2-13
THE ATTACHED AGREE11ENT HAS BEEN REVIEWED
AND APPROVED AS TO FOR.J.\.1 BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY CO CIL
Dated:
<5 Ire )09
I
Lien and Development Impact Fee Payment
Plan Program Agreement between
Otay Ranch Fourteen, LLC and the City ofChula Vista
for Marquis Phase 3
2-:14
RECORDING REQUESTED BY. AND WHEN
RECORDED MAIL TO:
CITY OF CHULA VISTA
Aun:
No transfer faX is due as this is a conveyance to a
public agency afless than a fee interest for which I
no cash consideration has been paid or received
.__1.___.
For Recorder's Use Only
LIEN AND DEVELOPMENT IMP ACT FEE PAYMENT
PLAN PROGRAM AGREEMENT
THIS UEN AND DEVELOPMENT IMPACT FEE PA YMENT PLAN PROGRAM AGREEMENT ("Agn:cment"l. dated
~c..'" \.0 . 20...Qj, tor r~fe[tnce onJ)' and executed on the date on which the last party signs.
by and between Olav Ranch Fourteen LtC ("Owner"). and the CITY OF CHULA VISTA. a California municipal corporation and
charter city ('1:ity'1 with reference to the following facts:
A. Owner is the OWTlCf afthal cc:rt3.in real property in the: City OrChula Vista., County of San Diego. Stale of Cali fomi a. more
particularly described on Exhibit "A" altachCd. ("Property").
B. On Sentembcr II, 20QL~ the Citv Council oftht: City approved Resolution # 2007:.229 Lot I ofOtav Ranch
Villa2e 6 Marouis Unit 1 afFinal Man Number 15618, also known as Marauis Phase 3 (lhe "Projcctn).
C. Owner has applied for a building permit(s) for the PrOject.
D. Upon the issuance of building permIts., certain fees are due and payable purS'=laJ1! (0 City's Municipal Code, non-codified
ordinances related to land development, and California Government Code Sections 66000 et. seq [-Fecs'l The Fees apphcalje
(0 the building petmits are more panicularly deScribed on Exhibi( "S", attached Other fees or charges related to the: Project, but
not included in Exhibit "S", shall still be due and payable to the Ciry in accordance with !he City Municipal Code. Omission of
such additional fees and charges from Exhibit '"B" shall not be a waiver ofthc obligation of Owner to pay such additional fees
and charges. '
E. Pursuant to City Ordmance No. 3120 ("Ord. No. 3120"), the City has the authority to defer Fees for 12 months from the permit
iSSU3IlCC with an option to extend for an additional l2 months, at the sole discretion afme City Manager or hisiher designee, or
until the ~I for final inspt:Ction for residCnEial de..,'elopmen( or iss:uance of certificate of occupancy for non-residential
deveJopmenl, whichever is earlier.
F. The City has found that the Fees arc not imm.ediately needed for public improvements required to serve the Project; deferral of
collection ofFecs'~uld encourage development vital to the City: pa)1Tlcnt of Fees is ~dequately secured rnfough this
Agreement and the City's right to w1th~old final inspection or certificate of occupancy until Fees arc paid~ and the deferral of
Fees for the Project would notjeopardizc: the: public health. safery. and welfare. ,
G. Ord. No. 3120 requires Owner to execute a contract with the City, prior to the issuance of building permits. in order to defer the
payment of the Fees
H. City and Owner desire to enter into this Agreement deferring payment of the Fees for 12 months from the permit issuance with
an option to extend for an additional 12 months, at the sole discretion of the City Manager or hislher designee, or'untll the calL
for final inspection for residential development or issuance of certificate of occupancy for non-residential devc:lopment,
whichever is earlier, pursuant to all the terms and conditions of this Agreement,
NOW. THEREFORE, THE PARTfES AGREE AS FOLLOWS:
I, OvrTler agrees and acknowledges that it is obligated to pa'y all fees in type and amount identified in Exhibit "a" and such Fees
are due and payable upon issuance of building permits and by executing this Agreement WAIVES AND RELEASES the City
from any and aU claims arising oul of or related to this Agrcc:menr, including chi: amount and type: ofFe:cs identified in Exhibit
"Bn. Owner's 'Naiver and release: afihe City shall c'tclude any and all claims arising out of or related to the City's breach of this
Agreement
2. City agrees to defer the payment o(tbe Fees for 12 monihs {rom the permit issuance v.i.th an option to extend for an add\tionaJ
I2 month~ at the sole discretion of the City Manag:r or hls/her designee, or until the call for final inspection for residential
devc:topmem or issuance of certificate of occupancy for non~n:siden[iaJ development, whicheyer is earlier ("Deferral Period")
3, Interest shall accrue at the California State Local Agency Investment Fund (LAIF) Apportionment Rate in effect on the dale of
the execution of this Agreement through the end of the Deferral Period until paid (""Accrued Interest").
4. Ovm:er on behalf of itself and its successors in mterest. 'Whether by inheritance. gift., bequest.. devise, sale, conveyance,
assigrunenl. or other method o(l1317sfming IJrJe or acqUIring interest in or to any pan of me Project or Property ("Successors'"),
2-15
agrees to pay the Fees and Accrued Interest with a certified check prior to or ConCwTCnt with the date on which the Deferral
Period ends.
5. Owner agrccs that if it fail. to pay the Fees and Accrued Interest in full prior the eod of the Deterral Period, City shall ..,;thhold
the final inspcetion or issuance ofcertificalc of occupancy, as applicable, until payment ofFecs and Accrued Intercst is made in
full.
6. All other rights of the panICS shaJl remain unchanged~ as if the Fees were paid at the time of permit issuance. Wilhout limiting
the foregoing. the Fees payable shall be those in effect at the time of execution of the Agreement as set forth on Exhibit "B".
7. This Agr=ncnt shall be recorded by the City in ,he Official Records of the County of San Diego, Office of the County Recorder
and shaJl constitute a lien for the Fees and Accrued Interest binding upon and running with the Property If the Owner sells or
transfers the Property or any ponion of the Property in any, manner, Propt:rty shall not be released from any of the obligations,
-covenants, or conditions under fhi.s Agreement relating to the Property or portIon of the Propcrt'y or Project being acquired.
!!. The burden of this Agreement shall be released from the lItle'to the Property upon the payment of Fees and Accrued [ntcrest.
Within ten (t 0) business days follo'Wing the payment of the Fees and Accrued Interest. the City shall execute a "Release of Lien"
(Exhibit "C'). which shall be 1n nandard form, approved by the: City Attorney, rdcasing the: burde:n of this Agreement from the
title.to the Property Failure of the CiC)' to execute the Release of Lien wilhin ten (10) business days of payment of the Fees ai1d
Accrued Inlcrest shall not be deemed a breach of this Agreement, provided City makes its best efforts to execute the Release of
Lien within a reasonable time thereafter. !
9. The Owner agrees and is obligated (0 pay all costs assOciated with the recording of the Agreement and Release oftien.
10. Each signatory to this Agreement' n::prescnlS~ wdItants. and cenifies that he/she has the authoriry to enter into this Agreement qh
behalf of the Owner, the agen-ciesJcompaniesltrusts, respective: officers, directors, and/or trustees they represent (collectively
"Applicants;") and that thIS Agreement shall be binding upon and co~itute an obligation of the Applicants.
[N WITNESS WHEREOF, ,his Agreemen'"is executed by the CITY OF CHULA VISTA acting by and through it's Mayor or
designated and authorized representative thereto, and by the Ownerl Applicant.
Date
3[10 lO9--
lis
Date::
TIlE CITY OF CHULA YIST A,
A California mWlicipaI corporation
By
_Is
Approved'as to (onn and legality this
_ day of
.20
Bart Miesfeld, City Attorney
By.
Deputy City Attorney
2-16
City of Chula Vista
Exhibit "An
Property Description (Legal Description)
2-17
3/612009
Exhibit "A"
Property Description
Marquis
Sequence List
Village 6
Tract 05-06 (Portion of)
Map # 15618
Recorded on 9/20/2007
Phase 3 3
I Seq.
# Bldg # Unit Plan Address
1 1-1 LW1 E-1 1925 E. PalomarSt., Unit 21
2 1-2 LW2 0-2 1925 E. Palomar St., Unit 22
3 1-3 LW3 0-1 1925 E. Palomar St., Unit 23
4 1-4 LW4 0-3 1925 E. Palomar St., Unit 24
5 1-5 LW5 0-2 1925 E. Palomar St., Unit 25
6 1-6 LW6 E-2 1925 E. Palomar St.; Unit 26
7 9-1R TH1 C 1430 Magdalena Ave., Unit 35
8 9-2R TH2 A-2 1430 Magdalena Ave., Unit 36
9 9-3R TH3 B-2 1430 Magdalena Ave., Unit 37
10 9-4R TH4 A-2 1430 Magdalena Ave., Unit 38
11 9-5R TH5 A-1 1430 Magdalena Ave., Unit 39
12 9-6R TH6 B-2 1430 Magdalena Ave., Unit 40
13 9-7R TH7' A-2 1430 MagdaJenaAve., Unit 41
14 9-8R TH8 B-1 1430 Magdalena Ave., Unit 42
15 8-1R TH1 C 1422 Magdalena Ave., Unit 27
16 8-2R TH2 A-2 1422 Magdalena Ave., Unit 28
17 8-3R TH3 B-2 1422 Magdalena Ave.. Unit 29
18 8-4R TH4 A-2 1422 Magdalena Ave., Unit 30
19 8-5R TH5 A-1 1422 Magdalena Ave., Unit 31
20 8-6R TH6 B-2 1422 Magdalena Ave., Unit 32
21 8-7R TH7 A-2 1422 Magdalena Ave., Unit 33
22 8-8R TH8 B-1 1422 Magdalena Ave., Unit 34
23 10-1R TH1 C 1424 Seine River Wy., Unit 43
24 10-2R TH2 A-3 1424 Seine River Wy., Unit 44
25 10"3R TH3 B-2 1424 Seine River Wy., Unit 45
26 10-4R TH4 A-3 1424 Seine River Wy., Unit 46
27 10-5R TH5 B-2 1424 Seine River Wy.. Unit 47
28 10-6R TH6 A-1 1424 Seine River Wy., Unit 48
29 10-7R TH7 A-2 1424 Seine River Wy., Unit 49
30 10-8R TH8 B-2 1424 Seine River Wy., Unit 50
31 10-9R TH9 A-3 1424 Seine RiverWy., Unit 51
32 10-10R TH10 C 1424 Seine River Wy.. Unit 52
2-18
Oakwood Development (949) 719-9~0 ext 121
EXHIBIT B
Payment Schedule
Marquis Phase 3 (BR07-0590 thru BR07-0593)
Account
1600
1700
3000
3100
4000
4100
4200
4300
4400
4500
4600
5010
5120
5140
6000
Description
Sewer Administrative Fee
Sewer Capacity Fee (18.4) .
Traffic Signal Fee (18.2)
Res Construction Tax (18.3)
DIF Transportation
DIF Public F ac Admin
DIF Civic Ctr
D1F Police
DIF Corp Yard
DIF Library
DIF Fire
DIF Recreation
DIF Poggi Cyn Grav Sewer
NPDES Fee
Otay Ranch Res
TOTALS
Deferre ees nteres!" Final Inspection
$ 180.00 $ 4.57 $ 18.4.57
$ 83.472.00 $ 2,120.19 $ 85,592.19
$ 9,698.50 $ 246.34 $ 9,944.84
$ 14,400.00 $ 365.76 $ 14,76 .76
$ 6,112.02 $ 155.25 $ 6,26 .27
$ 17,024.00 $ 432.41 $ 17.45 .41
$ 74,496.00 $ 1 ,892.20 $ 76,38 .20
$ 54,112~00 $ 1,374.44 $ 55,48 .44
$ 10,816.00 $ 274,73 $ 11,09 .73
$ 45.216.00 $ 1,148.49 $ 46,364.49
$ 28,608.00 $ 726.64 $ 29,334.64
$ 34,304.00 $ 871.32 $. 35,175.32
$ 9,600.00 $ 243.84 $ 9,843.84
$ 1,663.00 $ 42.24 $ 1,705.24
$ 834.88 $ 21.21- $ 856.09
Balance of
dF
2.54%
Balance Due @
$
390,536.40 $
9,919.62 $ . 400,456.02
Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending
12/31/08 Apportionment Rate
2-19
CALlFOIRNBA ALL-PURPOSE ACK~OWlEDGMENlT
~~".Jj ~~ ~
~d
:~~~ ~....!:~~ ;:: ""'~- - - :-.:~~ llo.rL~2l',rl2'l>.
~.2Jt.!.(:a. .....ii<!~
personally appeared
}
before me, ~~:"-*\ L~rI" ffio~St'n I DDhn.' r \( )h!lc.
n He. Insert. Name and Trt1e of Ottieaf ~
""- ) f\-Q\ \\' \Z.. ~ f\ f..:ZE~ L
Nam&{S) ot Signerts.~
State of California
County of 0 \2.-~'('A r
\
On mf\ R 1.'\ \,,))[y)C1
Dale
who proved to me on the basis of satisfactory evidence to
be the person0l whose name)%5 is/cle subscribed to the
within instrument and acknowledged to me that
he/~ll~y executed the same in hi#rltt]e'ir authorized
capacity(~, and that by hisll)6'rltl)6lr signature~ on the
instrument the personyl), or the entity upon betlalf of
which the person~ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official sea~
Signature Wee~M/(~CMy_ctffjft1
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document,
Place Notaty Seal Above
Description of Attached Document n
Title or Type of Document: L tl\ ~~~ \Jr\lf,\()~Yr\~~ \ N'\~BM-lM.f ?fI,\J\'V\'i'f\-\-~\flnI(QtY.fIlA(YI
, \-\q~'t" I
Document Date: \'\\'\\ Q{\ ~ la) (}IY)~ Number of Pages':
Signer(s) Other Than Named Above:
Capaclty(les) Claimed by Signer(s)
Signer's Name:~'<U \\. .~f'\t7~'C(L
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
LJ Attorney in Fact
o Trustee
o Guardian or consj'vator
~her:!JI");\T(? ~f\\rA~
Signer Is Representing: ()~
~r0 \_ -SX~ff\' ~
,
fop of thumb here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner -LJ limited 0 General
o Attorney in Fact
o Trustee
=: Guardian or Conservator
o Other:
Signer Is Representing:
~......::"" 'Wl';'- :=_~.;,~ "~~,~~_~-:~ =_.~_:~~ _~
C2007 National Notary Assoda1lon. 9350 De Sate Ave.. p.o. Box 2402 -ChalSwOt1tl, CA 91313-2402" -.NationaINotary.Ol1J Item '5907 A.eordef:CaI T~ 1~76-6B27
2-20
RESOLUTION NO. 2009
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE DEVELOPMENT IMPACT
FEE PAYMENT PLAN PROGRAi'v{ AGREEMENT
("AGREEMENT") WITH SHEA HOMES FOR AGAVE PHASE
11, AGAVE PHASE 12, AGAVE PHASE 13, CLOVER PHASE
6 AND MOSAIC PHASE 4, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT ON BEHALF
. ,
OF THE CITY, AND DIRECTING THE CITY CLERK TO
RECORD A LIEN AND THE AGREEMENT WITH THE
COUNTY RECORDER OF THE COUNTY OF SAN DIEGO
WHEREAS, the City requires the payment of various processing, development impact,
capacity, and in-lieu fees to ensure new development mitigates its impact on public facilities; and
WHEREAS, the payment of these fees is a substantial commitment for many projects,
and spreading the payment of the fees over an extended period may assist in the development of
projects; and
WHEREAS, in December 2008, members of the development community contacted the
City and requested an extended payment schedule program be considered; and
WHEREAS, the City Council approved an Ordinance establishing the Development
Processing and Impact Fee Payment Plan, which became effective on February 6, 2009; and
WHEREAS, in Clover Phase 6, Shea Homes is proposing to develop 8 residential units
named the Shea Homes Clover Phase 6 project in Otay Ranch Village 11; and
WHEREAS, in Mosaic Phase 4, Shea Homes is proposing to develop 10 residential units
named the Shea Homes Mosaic Phase 4 project in Otay Ranch Village 7, Neighborhood R-lB;
and
WHEREAS, Shea Homes Ltd Partnership owns the property for Agave Phases 11-13,
Clover Phase 6, and Mosaic Phase 4 (combined "Property")ancf agrees that they are responsible
for all of the development impact fees owed for the project; and
WHEREAS, Shea Homes also acknowledges and agrees that these fees are due"'and
payable to the City prior to or upon the call for final inspection; and
WHEREAS, by executing this Agreement and placing a lien on the Property, the City is
securing the payment of the deferred fees.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Agreement with Shea Homes for Agave Phase 11, Agave Phase
12, Agave Phase 13, Clover Phase 6 and Mosaic Phase 4 and authorize the City Manager to
execute the Agreement on behalf of the City.
2-21 '
BE IT FURTHER RESOLVED by the City Council of the City Of Chula Vista that the
City Clerk is directed to record a lien and the Agreement with the County Recorder of the
County of San Diego.
Presented by
Richard A. Hopkins
Director of Public Works
2-22
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
CITY CO C
/
I
!
art C. Miesfeld
City Attorney
Dated:
Lien and Development Impact Fee Payment
Plan Ptogram Agreement between
Shea Homes Limited Partnership and the City of Chula Vista
for Agave Phase 11
2-23
RECORDING REQUESTED BY, AND WHEN
RECORDED MAIL TO:
CITY OFCHULA VISTA
Attn:
No transfer tax is due as this is a conveyance to a
public agency of less than a fee interest for which
no cash consideration has been paid or received
For Recorder's Use Only
LIEN AND DEVELOPMENT IMPACT FEE PAYMENT
PLAN PROGRAM AGREEMENT
TIllS LIEN AND DEVELOPMENT IMP ACT FEE PAYMENT PLAN PROGRAt'\,\ AGREEMENT ("Agreement"), dated
.20---, for reference only and executed on the date on which the last party signs,
by aI1d between Shea Homes Limited Partnershio ("Owner"), and the CITY OF CHULA VISTA, a California municipal corporation
and charter city ("City") with reference to the following facts:
A. Owner is the owner of that certain real property in the City Of Chula Vista, County of San Diego, State of California, more
particularly descrIbed on Exhibit "A" attached ("Property").
B. On Julv 19 20QL the City Council of the City approved Resolution # 2005.251 Lot I ofOtav Ranch Villa.e II
Nei.hborhood R.24125 of Final MaD Number 15056 .also known as A.ave Phase 11 (the "Project").
C. Owner has applied for a building pennit(s) for the Project
D. Upon the issuance of building pennits, certain fees arc due and payable pursuant to City's Municipal Code, non..codified
ordinances related.to land development, and Californi,!- Government Code Sections 66000 et. seq ["Fees"]. The Fees applicable
to the building pennits are more particularly described on Exhibit "B", attached. Other fees or charges related to the Project, but
not included in Exhibit "B", shall still be due and payable to the City in accordance with the City Municipal Code. Omission of
such additional fees and charges from Exhibit "B" shall not be"a waiver o.fthe obligation or Owner to pay such additional fees
and charges.
E. Pursuant to City Ordinance No. 3120 ("Ord. No. 3120"), the City has the authority to defer Fees for 12 months from the pennit
issuance with an option to extend for an additionallZ months, at the sole discretio.n of the City Manager or hiSlher designee, or
until the call for final inspection for residential development or issuance of certificate of occupancy for non.residential
development, whichever is earlier.
F. The City has found that the Fees are not immediately needed for public improvements required to serve the Project; deferral of
collection of Fees would eri-courage developITI:ent vital to the City; payment of Fees is adequately secured through this
Agreement and th~ City's right to withhold fimil inspection or certificate of occupancy until fees are paid~ and the deferral of
Fees for the Project would not jeopardize the public health, safety, and welfare.
G. Ord. No. 3120 requires Owner to execute a contract with the City, prior to the issuance of building permits, in' order to defer the
payment of the Fees.
H. City and Owner desire to enter into this Agreement deferring payment of the Fees for 12 months from the permit issuance with
an option to extend for an additional "12 months, at the sole discretion of the City Manager or hislher designee, or until the caU"
for final inspection for residential development or issuance of certificate of occupancy for non-residential development,.
whichover is earlier, pursuant to all the tenns and conditions of this Agreement.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Owner agrees and acknowledges that it is obligated to pay all Fees in type and amount identified in Exhibit "B" and such Fees
are due and payable "upon issuance of building permits and by executing this Agreement W AWES AND RELEASES the City
from any and all claims arising out of or related to this Agreement, including the amount and type of Fees identified in Exhibit
"B". Owner's waiver and release of the City shall exclude any and all claims arising out of or related to the City's breach of this
Agreement
2. City agrees to defer the payment of the Fees for 12 months from the permit issuance with an option to extend for an additional
12 months, at the sole discretion of the City Manager or hislher designee, or until the call for final inspection for residential
development or issuance of certificate of occupancy for non-residential development, whichever is earlier ("Deferral Period").
3. Interest shall accrue at the California State Local Ag\:ncy Investment Fund (LAIF) Apportionment Rate in effect on the date of
the execution of this Agreement through the end of the Deferral Period until paid ("Accrued Interest").
4. Owner on behalf of itself and its successors in interest, whether by. inheritance, gift, bequest, devise, sale, conveyance,
assignment. or other method of transferring title or acquiring interest in or to any part of the Project or Property ("Successors"),
2-24
agrees to pay the Fees and Accrued Interest with a certified check prior to or concurrent with the date on which the Deferral
Period ends.
5. Owner agrees that if it fails to pay the Fees and Accrued Interest in full prior the end of the Deferral Period, City shall withhold
the tinal inspection or issuance of certificate of occupancy, as applicable, until payment of Fees and Accrued Interest is made in
full.
6. All other rights of the parties shall remain unchanged, as if the Fees were paid at the time of permit issuance. Without limiting
the foregoing, the Fees payable shall be those in effect at the time of execution of the Agreement as Set forth on Exhibit "B".
7. This Agreement shan be reconJed by the City in the Official Records of the County of San Diego, Office of the County Recorder
. and shall constitute a lien for the Fees and Accrued Interest binding upon and running with the Property. If the Owner sells or
transfers the Property or any portion of the Property in any manner, Property shall not be released from any of the obligations.
covenants, or conditions under this Agreement relating to the Property or portion of the Property or Project being acquired.
8. The burden of this Agreement shall be released from the title to the Property upon the payment of Fees and Accrued Interest.
Within ten (10) business days following the payment of the Fees and Accrued In~erest, the City shall execute a "Release ~fLien"
(Exhibit "C"), which shall be in standard form, approved by the City Attorney, releasing the burden of this Agreement from the
title to the Property Failure of the City to execute the Release of Lien within ten (10) business days of payment of the Fees and
Accrued Interest shall n.ot be deemed a breach of this Agreement, provided City makes its best efforts to execute the Release of
Lien within a reasonable time thereafter.
9. The Owner agrees and is obligated to pay all costs associated with the recording of the Agreement and Release of Lien.
10. Each signatol)' to this Agreement represents, warrants, and certifies that he/she has the authority to enter into this Agreement on
behalf of the Owner, the agencies/companies/trusts, respective officers, directors. and/or trustees they represent (collectively
"Applicants") and that this Agreement shall be binding upon and constitute an.obligation of the Applicants.
IN WITNESS WHEREOF, this Agreement is executed by the CITY OF GilJLA VISTA acting by and through it's Mayor or
designated and authorized representative thereto, and by the Ownerl Applicant
"Owner/Applicant
Date: <:)::; -<oS. 09..
S ~-tl:::6.- Ho"""-t:.'S> L-tM.l~ \"~.::ca.s:.Fi({'"
"k - ~~
Its h"rl-""'~ ~<'> A0>-<..--=-
Date:
THE CITY OF CHULA VISTA,
A California municipal corporation
By
Is
Approved as to form and legality this
_ day of
20
Bart Miesfeld, City Attorney
By:
Deputy City Attorney
2-25
. '. . "." --.... "... .
CALIFORNIA AlL-PURPOSE ACKNOWLEDGMENT . .. . >' .... ." ' '.
~.&.&~..oc::cc.C-!'''X:---<XYA<::~..(X''.ec-~~~C-fj(''''(;'<i"k-~t~i~~~..c<-~..co.;:<'~=;C~<:-~~~(.'~~A~'~,&..:.&';(,';{,~.-:(.':..~~~~;':~Q":':~'f(".C(,"A'i(
State 0.1 California
County of 50 n D"C)0
On 11 axch 5 ;1 NJ9 before rne,
Date I
}
"
1(,
personally appear.ed -~-1-e- X
L.
p , L'\;' hl"\~ if. ..
, "'Name(s)o~ Si nElr~sr
,.\RAH J BECKMAN
Con',mi;slon # 1591862
Notary Public - California ~
San DI9g0 Counly
My Cormn. Expires Jul 1. 2009
. '":. \." .
I certify under PENALTY 'OF PERJURY under the laws
of the State of California that the foreg'oing paragraph is
true and' correct.
Place Notary Seal Above
OPTIONAL
Though the information beiow is not requiredby.iaw, il may prove valuable to persons refying on th~"docuinimt
and could prevent fraudulent removal and reattachinentof this fonrito another document., '
Description of Attached Document
Tille or Type of Document:
Document Date:
Number cif Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer!s),
I"~
Top of thumb here
'Signer's Name:
o IridividualY ;, ,. "
o C;orporate pfficer",: Title(s):
OPartner~p Liinited'DGeneral
. DAtlorney ier: Fact'
D'tTru~tee ,,' ,
G'Guardiari or Conservator
o Other:
Signer's Name:
o Individual
o Corporate Officer -'-c Tille(s):
o Parther - 0 Limited 0 General
o Attorney in Fact
CI Trustee
0' Guardian'or Conservator
o Other:
Tope,/,ttiufi\tihere'
Signer Is Representing:
Signer is Representing:_
~~~~0:~~~~z;..~~17~~~~~~~(.'~~~~..g:r~~~gt';'~~i
~2007"Nalicn<l1 NOlary A9SOCiation. 9350 09 Sola Ave., P.O. eox :N02 .ClllllSwOf1h, CA 9131 :J..24Q2- ww....'.NalioJ1aINotary.org Ilcm-JJS907 R~order:.ciill Tolt~Frce-l.~Q.;87a-.63?7'
2-26
City of Chula Vista
STATE OF CALIFORNIA
) ss.
COUNTY OF SAN DIEGO
On
, before me,
(name, title of o:'flcer, 6.g., Jane Doe, Notary Public)
personally appeared
o personally known to me -or-
o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the
entity upon behalf of which the persbn(s) acted, executed the instrument.
WITNESS my hand and official seal
(Signature of Notary)
Capacity claimed by signer:
(This section is OPTIONAL)
0 Individual
0 Corporate Officer(s):
0 Partner(s): 0
i;J Subscribing Witness
0 Attorney-in-fact
0 Trustee(s)
0 Guardian/Conservator
0 Other:
Signer is representing:
General
o Limited
(name af person(s) or entity(ies))
Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to
an unauthorized document: .
THIS CERTIFICATE MUST
BE ATTACHED TO THE
DOCUMENT DESCRIBED
AT RIGHT
Title or Type of Document:
Number of Pages:
Date of Document:
Signer(s) Other than Named above
2-27
EXHIBiT ~.='~
. LEGAL DESCRIPTION
CITY OF CHULA VISTA
LOT 1 OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH, VILLAGE 11 NEIGHBORHOODS R-24 AND
R-25, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 15056, FILED IN THE OFFICE OF THE COUNTY RECORDER OF .SAID SAN
DIEGO COUNTY ON JULY 28, 2005.
~~ft.. . CITY OF CHUlA VISTA
~ PUBLIC WORKS DEPARTMENT
~ 276 FOURTH AVENUE
01Y Of CHUlA VISTA. CA 91910
mUlA V1STA (619) 476-2301
? ~/Zi)V7
DATE
0]/05/2009 ]:11:20 PM PST
EXHIBIT B
Payment Schedule
Agave Phase 11 (BR07-0406 thru BR07-0407)
Account
1600
1700
3000
3100
4000
4100
4200
4300
4400
4500
4600
5010
5140
5150
6000
8087
Description
Sewer Administrative Fee
Sewer Capacity Fee (18.4)
Traffic Signal Fee (18.2)
.Res Construction Tax (18.3)
DIF Transportation
DIF Public Fac Admin
DIF Civic Ctr
DIF Police
DIF Corp Yard
DIF Library
DIF Fire
DIF Recreation
NPDES Fee
DIF Salt Creek Sewer
Otay Ranch Res
Village 11 Ped Bridge
TOTALS
Balance of
Deferred Fees
2.54%
Interest'
Balance Due @
Final Inspection
$ 90.00 $ 2.29 $ 92.29
$ 36,519.00 $ 927.58 $ 37,446.58
$ 3,332.00 $ 84.63 $ 3,416.63
$ 5,950.00 $ 151.13 $ 6,101.13
$ 17,572.80 $ 446.35 $ 18,019.15
$ 7,448.00 $ 189.18 $ 7,637.18
$ 32,592.00 $ 827.84 $ 33,419.84
$ 23,674.00 $ 601.32 $ 24,275.32
$ 4,732.00 $ 120.19 $ 4,852.19
$ 19,782.00 $ 502.46 $ 20,284.46
$ 12,516.00 $ 317.91 $ 12,833.91
$ 15,008.00 $ 381.20 $ 15,389.20
$ 674.00 $ 17.12 $ 691.12
$ 13,965.00 $ 354.71 $ 14,319.71
$ 365.26 $ 9.28 $ 374.54
$ 21,140.00 $ 536.96 $ 21,676.96
$ 215,360.06 $
5,470.15 $
220,830.21
. Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending
12/31/08 Apportionment Rate
2-29
City of Chula Vista
Exhibit "e"
Recorded at the request of:
When recorded, mail to:
TERMINATION OF DEVELOPMENT IMPACT FEE PLAN PROGRAM AGREEMENT
NOTICE IS HEREBY GIVEN that the Development Impact Fees due under Condition
of the Agreement between
and the City of Chula Vista, Document No.
the County Recorder of San Diego County on
, for the payment of Development Impact Fees as recorded in the Office of
, Document No. , have been fully satisfied as pertaining to:
COUNTY ASSESSOR'S PARCEL NO.
UNIT(s) LOT(s)
Dated:
OR MAP
City of Chula Vista
By:
State of California
County of San Diego
On
, personally appeared
, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same In his/her/their authorized capacity(les), and that by hls/herllheir signature(s) acted, executed the instrument.
, before me,
WITNESS my hand and official seal
Notal)' Public In and for said County and State
(Seal)
2-30
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL YSIGNED UPON APPROVAL BY
THE CITY COUNCIL
~~~~ !)U~7Y
. Bart C. iesfeld
City Attorney
Dated: '3 - t (-0 ''/
Lien and Development Impact Fee Payment
Plan Program Agreement between
Shea Homes Limited Partnership and the City of Chula Vista
for Agave Phase 12
2-31
RECORDrNG REQUESTED BY, AND WHEN
RECORDED MAIL TO:
CITY OF CHULA VlSTA
Attn:
No transfer tax is due as this is a conveyance to a
public agency of less than a fee interest for which
nQ cash consideration has been paid or received
For Recorder's Use Only
LIEN AND DEVELOPMENT IMPACT FEE PAYMENT
PLAN PROGRAM AGREEMENT
THIS LIEN AND DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("Agreement"), dated
20---, for reference only and executed on the date on which the last party signs,
by and between Shea Homes Limited Partnershio ("Owner"), and the CITY OF CHULA VISTA, a California municipal corporation
and charter city ("City") with reference to the following facts:
A. Owner is the owner of that certain real property in the City Of Chula Vista, County of San Diego, State of California, more
particularly described on Exhibit "A" altached ("Property").
B. On Julv 19 20QL..., the City Council of the City approved Resolution # 2005.251 Lot 1 of Otav Ranch Villa.e II
NeilZhborhood R~"4/25 afFinal Man Number 15056 also known as Ae:ave Phase 1"2 (the "Project").
C. Owner has applied for a building permit(s) for the Project.
D. Upon the issuance of building permits, certain fees are due and payable pursuant to City's Municipal Code, non-codified
ordinances related to land development, and California Government Code Sections 66000 et. seq ("Fees"]. The Fees applicable
to the building permits are m~re particularly described on Exhibit "B", attached. Other fees or charges related to the Project, but
not included in Exhibit "B", shall still be due and payable to the City in accordance with the City Municipal Code, Omission of
such additional fees and charges from Exhibit "B" shaH not be a waiver of the obligation of Ovroer to pay such add'itional fees'
and charges.
E. Pursuant to City Ordinance No. 3120 ("Ord. No. 3120"), the City has the authorlty to defer Fees for 12 months from the permit
issuance with an option to extend for an additional 12 months, at the sote discretion of the City Manager or his/her designee, or
until the call for final inspection for residential development or issuance of certificate of occupancy for non~residential
development, whichever is earlier.
F. The City has found that the Fees are not immediately ne,eded for public improvements required to serve the Project; deferral of
collection of Fees would encourage development vital to the City; payment of Fees is adequately secured 'through this
Agreement and the City's right to withhold final inspection or certificate of occupancy until Fees are paid; and the deferral of
Fees forthe Projec~ would not jeopardize the public health, safety, and welfare.
G" Ord. No, 3120 requires Owner to execute a contract with the City, prior to the issuance of building permits, in order to defer the
payment of the Fees.
H. City and O\vner desire to enter into this Agreement deferring payment of the Fees for 12 months from the pennit issuance with
an option to extend for an additional 12 months, at the sole discretion of the City Manager or his/her designee, or until the call
for final inspection for residential development or issuance of certificate of occupancy for non~residential development,_.
whichever is eartier, pursuant to all the terms and conditions of this Agreement.
NOW, THEREFORE, THE'PARTIES AGREE AS FOLLOWS:
I. Owner agrees and acknowledges that it is obligated to pay all Fees in type and amount Identified in Exhibit "B" and such Fees
are due and payable upon issuance of building permits and by executing this Agreement WAIVES AI\"D RELEASES the City
from any and all claims arising out of or related to this Agreement, including the amount and type of Fees identified in Exhibit
"B", Owner's waiver and release afthe City shall exclude any and all claims arising out of or related to the City's breach qfthis
Agreement
2, City agrees to defer the payment of the Fees for t 2 months from the permit issuance with- an option to extend for an additional
12 months, at the sole discretion of the City Manager or hisJher designee, or until the call for final inspection for residential .
development or issuance of certificate of occupancy for non~residential development, w?ichever is earlier ("Deferral Period").
3. Interest shall accrue at the California State Local Agency [nvestment Fund (LAlF) Apportionment Rate in effect on the date of
the execution of this Agreement through the end of the Deferral Period until paid ("Accrued Interest").
4. Owner on behalf of itself and its successors in interest, whether by inheritance, gift, bequest, devise, sale, conveyance,
assignment, or other method of transferring tide or acquiring interest in or ta any part of the Project or Property ("Successors"),
2-32
agrees to pay the Fees and Accrued Interest with a certified check prior to or concurrent with the date on which the Deferral
Period ends.
5. Owner agrees.that if it fails to pay the Fees and Accrued Interest in full prior the end of the Deferral Period, City shall withhold
the final inspection or issuance of certificate of occupancy. as applicable, until payment of Fees and Accrued Interest is made in
full.
6. All other rights of the parties shan remain unchanged, as if the Fees were paid at the time of permit issuance. Without limiting
the foregoing, the Fees payable shall be those in effect at ~e time of execution of the Agreement as set forth on Exhibit "B",
7. This Agreement shall be recorded by the City in the Official Records of the County of San Diego, Office of the County Recorder
and shall constitute a lien for the Fees and Accrued Interest binding upon and running with the Property. If the Owner sells or
transfers the Property or any ponion of the Property in any manner, Property shall not be released from any of the obligations,
covenants, or conditions under this Agreement relating to the Property or portion of the Property or Project being acquired.
8. The burden of this Agreement shall be released from the title to the Property upon the payment of Fees and Accrued Interest.
Within ten (10) business days following the payment of the Fees and Accrued Interest, the City shall execute a."Release of Lien"
(Exhibit "C"), which shall be in standard form, approved by the City Attorney, releasing the burden of this Agreement from the
title to the Property. Failure of the City to execute the Release of Lien within ten (10) business days of payment oflhe Fees and
Accrued Interest shall not be deemed a breach of this Agreement, provided City makes its best efforts to execute the Release of
Lien within a reasonable time thereafter.
9. The Owner agrees and is obligated to pay all costs associated with the recording of the Agreement and Release of Lien.
10. Each signatory to this Agreement represents, warrants, and certifies that he/she has the authority to enter into this Agreement an
behalf of the Owner, the agencies/companies/trusts, respective officers, directors, and/or trustees they represent(coUectively
"Applicants") and that this Agreement shall be binding upon and constitut~ an obligation of the Applicants.
IN WITNESS WHEREOF, this Agreement is executed by the CITY OF CHULA VISTA acting by and through it's Mayor or
designated and authorized representative thereto, and by the Owner/Applicant.
"Owner/Applicant
Date: E"\>. ."".s. o~.
...s.~ ~> ,-."",-,~ t=='A~..<<sH.(i>
,,)ci-~=- .~
Its ~"fkt'\tC.l ~:t> AC ~~
THE CITY OF CHULA VISTA,
Date:
A California municipal corporation
By
Is
Approved as to form and legality this
_ day of
20
Bart Mie,feld, City Attorney
By'
Deputy City Attorney
2-33
. .
. .' - ' "!~' , , .
CAlIlFORNIA All.PURPOSE ACKNOWLEDGMENT"
~i':CI",e~~",~~-::ff('c.{'j(:'Aft,(:-~;'~,.c<-tf;~^~&~€f:'.i8(7~~~"'.&jffC';e~~~;&'~~,:"i5.~e~~<S'~~~;<;~-c-~i::l,;,~~'0;ifJ.t7,,(~~Ot'iit::~)f}<
:'..'
C'"O~ 01 :')a ~ T>~f'JD
On . March S 20cAbefore me,
Date
personally appeared Pr l ( '<
}
State of Califomia
SaxrLh, \ 1. H~ro~N~m~F~r!~~tH~DC~2J
{ . '. PI L'\Vlne ~.,,;. .....;. '."
N~me(s} OI:.Sig~,er{sl '~ :
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~,~...~~I]l.~ N- -. .r
~j.>.P(\H J B"C;KfAA r
commiSsiQn # 1591862 ~_
Notary Public, California ):
San Diego County
My Com'm. Expires Jull, 2009'
--~
who proved to .me on the;b<3.sis of satisfactory evidence to
be the ~(s) whose ~(s)@aie subscribed to the
within instrument and acknowledged. to me that
~he/they executed the ~e i~er/their authorized
epaci~ies). and that bYWher/thei\ ~na~e(s) on the
instrument.' the ~r:.(~)' or the entity upon behalf of
which the~ s acted, executed the Instrument.
. .
" .. . ,
I certify under PENALTY OF PERJURY Ullder the laws
of the State/of Califorriialhat the foregoing'paragraph.is'
true' and correct.
Place NOlary Sa:ll ,.\bolle
Signature
OPTIONAL
Though the information betow is not required by iaw; it may prove valuable to peisons relying on ..the document
and could prevent fraudulent removai and reattachment of this form to a,!other documeilt.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
. .
. .
, " ..
. .
. .. .'. ,
------------------_.
Capacity(ies) Claimed by Signer(s}
, "
Top 01 ihumbhere
Signer's Name:
o Individual..... '. .
o Corporate 9fficer{Jitle(s):
o Partrier -,. 0 Liin.itedDGeneral
DAtlorriey iriFact .
o Trustee,.
0. Guardian or Cdnse,rvator
DElther:' .
Signer's Name:
o Individual
0. Corporate Officer - Titte(s):
0. Partn'er -lJ Limited CJ General
D Attorney in Fact
0. Trustee
D Guardian or Conservator
[I Other:
'~op of thumb here
Signer Is Representing:
. Signer Is Representirig: .
.r
. ,..., ..... .:"... '
~,;,{V~~~~~~~,R."f:'-C'g,,~~~~-k~~~~~~~~~~~;:ry.~A2';\;'~~~
@2007 NBlicnnl Not<U'y A9SOCiallon. <)350 De SOlo Ave., P.O. Box 2402 -ChutsWorth,.CA 913 i 3.2402. """'^'I.NatiomlINotary.~r9 Ilcm #5~7 ! 'Reorder; Gall Tol~ree l-BQO-876.6827
2-34
City of Chula Vista
STATE OF CALIFORNIA
) ss.
COUNTY OF SAN DIEGO
On
, before me,
(name, title of officer, e.g., Jane Doe, Notary Public)
personally appeared
o personally known to me -or-
o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capaCity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the
entity upon behaif of which the person(s) acted, executed the instrument.
WITNESS my hand and offiCial seal
(Signature of Notary)
Capacity ciaimed by signer:
(This section is OPTiONAL)
0 Individual
0 Corporate Officer(s):
0 Partner(s): 0
0 Subscribing Witness
0 Attorney-in-fact
0 Trustee(s)
0 Guardian/Conservator
0 Other:
Signer is representing:
General
o Limited
(name of person(s) or entity(ies))
Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to
an unauthorized document: .
THIS CERTIFICATE MUST
BE ATTACHED TO THE
DOCUMENT DESCRIBED
AT RIGHT
Title or Type of Document:
Number of Pages:
Date of Document:
Signer(s) Other than Named above
2-35
EXHIBIT ~=-
LEGAL DESCRIPTION
CITY OF CHULA VISTA
LOT 1 OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH{ VILLAGE 11 NEIGHBORHOODS R-24 AND
R-25, IN THE CITY OF CHULA VISTA{ COUNTY OF SAN DIEGO, STATE OF CAUFORNIA{ ACCORDING
TO MAP THEREOF NO. 15056, FILED IN THE OFFICE OF THE COUNTY RECORDER OF .SAID SAN
DIEGO COUNTY ON JULY 28{ 2005.
~'ft. CITY OF CHUlA VISTA
~ PUBLIC WORKS DEPARTMENT
~ 276 FOURTH AVENUE
CJ1Y Of CHUlA VISTA, CA 91910
mUlA V15'l7t.. (619) 476-2301
? ~/Z.i)07
DATE
03/06/2009 3: 11: 20 PM PST.
EXHIBIT B
Payment Schedule
Agave Phase 12 (BR07-0408 thru BR07-0409)
Account
1600
1700
3000
3100
4000
4100
4200
4300
4400
4500
4600
5010
5140
5150
6000
8087
Description
Sewer Administrative Fee
. Sewer Capacity Fee (18.4)
Traffic Signal Fee (18.2)
Res Construction Tax (18.3)
DIF Transportation
DIF Public Fac Admin
DIF Civic Ctr
DIF Police
DIF Corp Yard
DIF Library
DIF Fire
DIF Recreation
NPDES Fee
DIF Salt Creek Sewer
Otay Ranch Res
Village 11 Ped Bridge
TOTALS
Balance of
2,54%
Balance Due @
Deferred Fees Interest> Finallnsoection
$ 90.00 $ 2.29 $ 92.29
$ 28,693.50 $ 728.81 $ 29,422.31
$ 2,618.00 $ 66.50 $ 2,684.50
$ 4,675.00 .$ 118.75 $ 4,793.75
$ 13,807.20 $ 350.70 $ 14,157.90
$ 5,852.00 $ 148.64 $ 6,000.64
$ 25,608.00 $ 650.44 $ 26,258.44
$ 18,601.00 $ 472.47 $ 19,073.47
$ 3,718.00 $ 94.44 $ 3,812.44
$ 15,543.00 $ 394.79 $ 15,937.79
$ 9,834.00 $ 249.78 $ 10,083.78
$ 11,792.00 $ 299.52 $ 12,091.52
$ 611.00 $ 15.52 $ 626.52
$ 10,972.50 $ 278.70 $ 11,251.20
$ 286.99 $ 7.29 $ 294.28
$ 16,610.00 $ 421.89 $ 17,031.89
$
169,312.19 $
4,300.53 $
173,612.72
. Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending
12/31/08 Apportionment Rate
2-37
City of Chula Vista
Exhibit "e"
Recorded at the request of:
When recorded, mail to:
TERMINATION OF DEVELOPMENT IMPACT FEE PLAN PROGRAM AGREEMENT
NOTICE IS HEREBY GIVEN that the Development Impact Fees due under Condition
of the Agreement between
and the City of Chula Vista, Document No.
the County Recorder of San Diego County on
, for the payment of Development Impact Fees as recorded in the Office of
, Document No. , have been fully satisfied as pertaining to:
COUNTY ASSESSOR'S PARCEL NO.
UNIT(s) LOT(s)
Dated:
OR MAP
City of Chula Vista
By:
State of California
County of San Diego
On
, before me,
, personally appeared
, personally known to me (or proved to me on the basis of. satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) acted, executed the instrument.
WITNESS my hand and official Seill
Notary Public in and for said County and State
(Seal)
2-38
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FOR1\1 BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
art C. Miesfeld
City Attorney
Dated: 2, I V 1O'i
Lien and Development Impact Fee Payment
Plan Program Agreement between
Shea Homes Limited Partnership and the City of Chula Vista
for Agave Phase 13
2-39
RECORDING REQUESTED BY, AND WHEN
RECORDED MAIL TO:
CITY OF CHULA VISTA
Attn:
No transfer tax is due as this is a convey:.mce to a
public agency of less than a fee interest for which
no cash consideration has be~n paid or received
For Recorder's Use Only
LIEN AND DEVELOPMENT IMPACT FEE PAYMENT
PLAN PROGRAM AGREEMENT
THIS LIEN A1'1D DEVELOPr"IENT IMP ACT FEE Pi\. YMENT PLA1'1 PROGRA1Vl AGREEMENT (" Agreement"), dated
20--, for reference only and executed on the date on which the last party signs,
by and between Shea Homes Limited Partnershio ("Owner"), and the CITY OF CHULA VISTA, a California municipal corporation
and charter city ("City") with reference to the following facts:
A. Owner is the owner of that certain real property in the City Of Chula Vista, County of San Diego, State of California, more
particularly described on Exhibit "A" attached ("Property").
B. On Julv 19 20~ the Citv Council of the City approved Resolution # 2005-251 Lot I ofOtav Ranch Village 11
Nei!!hborhood R-24125 afFinal MaD Number 15056 also known as Al!ave Phase 13 (the "Project").
C. Owner has applied for a building permit(s) for the Project.
D. Upon the issuance of building pennits, certain fees are due and payable pursuant to City's Municipal Code, non.codified
ordinances related to land development, and California Government Code Sections 66000 et. seq ["Fees"]. The Fees applicable
to the building permits are mare particularly described on Exhibit "B", attached. Other fees or charges related to the Project, but
not included in Exhibit "Bi', shall still be due and payable to the City in accordance with the City Municipal Code. .Omission of
such additional fees and charges from Exhibit "B" shall not be a waiver of the obligation of Owner to pay such additional fees
and charges.
E. Pursuant to City Ordinance No. 3120 ("Ord. No. 3120"), the City has the authority to defer Fees for 12 months from the permit
issuance 'Nith an option to extend for an additional 12 months, at the sole discretion of the City Manager or his/her designee, or
until the call for final inspection for residential development or issuance of certificate of occupancy for non~residential
development, whichever is earlier. .
F. The City has found that the Fees are not immediately needed for public improvements required to serve the Project; deferral of
collection of Fees would encourage development vital to the City; payment of Fees is adequately secured through this
Agreement and the City's right to withhold final inspection or certificate of occupancy until Fees are paid; and the deferral of
Fees for the Project would not jeopardize the public health, safety, and welfare.
G. Ord. No. 3120 requires Owner to execute a contract with the City, prior to the issuance ofbuiIding permits, in order to defer the
payment of the Fees.
H. City and Owner desire to enter into this Agreement deferring payment of the Fees for 12 monrbs from rbe permit issuance with
an opcion to extend for an additional 12 months, ac the sole.discretion of the City Manager or his/her designee, or until the call
for final inspection for residential development or issuance of certificate of occupancy for non.residential development,
whichever is earlier, pursuant to all the terms and conditions of this Agreement.
NOW, THEREFORE; THE PARTIES AGREE AS FOLLOWS:
1. Owner agrees and acknowledges that it is obligated to pay all Fees in type and amount identified in Exhibit "B" and such Fees
are due and payable upon issuance of building permits and by executing this Agreement WAIVES AND RELEASES rbe City
from any and all claims arising out of or related to this Agreement, including the amount and type of Fees identified in Exhibit
"B". Owner's 'Waiver and re!t::ase of the City shall exclude any and all claims arising out of or related to the City's breach of this
Agreement
2. City agrees to defer the payment of the Fees for 12 months from the permit issuance with an option to extend for an additional
12 months, at rbe sole discretion of the City Manager or hislher designee, or until the call for fmal inspection for residential
development or issuance of certificate of occupancy for non. residential development, whichever is earlier ("Deferral Period").
3. Interest shaH acCrue at the C;:alifomia St;:tte Local Agency Inv.estment Fund (LAIF) Apportionment Rate in effect on the date of
the execution of this Agreement through the end of the Deferral Period until paid ("Accrued Interest").
4. Owner on behalf of itself and its successors in interest, whether by inheritance, gift, bequest, devise, sale, conveyance,
assignment, or other method of transferring title or acquiring interest in or to any part of the Project or Property ("Successors"),
2-40
agrees to pay the Fees and Accrued Interest with a-certified check prior to or concurrent with the date an which the Deferral
Period ends.
5. Owner agrees that if it fails to pay the Fees and Accrued Interest in full prior the end of the Deferral Period, City shall withhold
the final inspection or issuance of certificate of oCl;upancy, as applicable, until payment of Fees and Accrued Interest is made in
full.
6. AU other rights of the parties shall remain unchanged,.as if the Fees were paid at the time of permit issuance. Without limiting
the foregoing, the Fees paya~le shall be those in effect at the time of execution of the Agreement as set forth on Exhibit "B".
7. This Agreement shall be recorded by the City in the Official Records of the County of San Diego, Office of the County Recorder
and shall constitute a lien for the Fees and Accrued Interest binding upon and running with the Property. If the Owner sells or
transfers the Property or any portion of the Property in any manner, Property shall not be released from any of the obligations,
covenants, or conditions under this Agr~ment relating to the Property or portion of the Property or Project being acquired.
8. The burden of this Agreement shall be released from the title to the Property upon the payment of Fees and Accrued Interest.
Within ten (10) business days following the payment of the Fees.and Accrued Interes~ the City shall execute a "Release of Lien"
(Exhibit "C"), which shall be in standard form, approved by the City Attorney, releasing the burden of this Agreement from the
title to the Property. Failure of the City to execute the Release of Lien within ten (10) business days of payment of the Fees and
Accrued Interest shall not be deemed a breach of this Agreement, provided City makes its best efforts to execute the R'elease of
Lien within a reasonable time thereafter.
9 The Owner agrees and is ,obligated to pay all cqsts associated with the recording of the Agreement and Rc:lease of Lien.
10. Each signatory to this Agreement represents, warrants, and certifies that he/she has the authority to enter into this Agreement on
behalf of the Owner, the agencies/companies/trusts, respective officers. directors, and/or trustees they represent (collectively
"Applicants") and that this Agreement shall be binding upon and constitute an obligation of the Applicants.
IN WITNESS WHEREOF, this Agreement is executed. by the CITY OF CHULA VISTA acting by and through it's Mayor or
designated and authorized representative thereto, and by the Ownerl Applicant
"Owner/Applicant
Date:
e~.o t"_e>ct_
SE-L,:-A
H.~ '--'- ",",-1~S> f>"'(CT7V'';;-~H.,,~
J:::-cc:- ~
" ~ ;/
By
Its ~"-'-=""t> A:.~
THE CITY OF CHULA VISTA,
Date:
A California municipal corporation
By
Is
Approved as to form and legality this
_ day of
20
Bart Miesfeld, City Attorney
By:
Deputy City Attorney
2-41
CAUFOiRNlHA ALl.PURPOSE ACKNOWLEDGMENT
~&~~()'Z<';'~~~C-~("i~(,~(,~~~..R<"~-~~~'':';G-:'..f'S~~2;:'::-~~~~''::'-~-~~'<=';~'~~<~Q:~0-~~:=:~;:<::f~;_-~':,~~.:~:~~Q2:~~cl~::::2.-~~
State of Caliiornia }
Countyof ~~ '":DI.~ .
on~~,dtO'\ befOieme, ~ ~.^~, ~~
i\\EYI.~
Dale
personally appeared
L. ~ l ~e~ ana ,itle 0' the OHiee'
f\larT]e(s) of Signer(s)
~~
who proved to me.on the basis of satisiactory evidence to
be the person(s) whose name(s) is/~subscribed to the
within instrument and acknowied(jed to me that
he/~ executed the same in his/iJO,./tfLiT' authorized
capacity(ies), Rnd that by Ilis/.b.G:/~;~drsignature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
MARCIA J. NELSON
Commission # 1747197
Notary Public - Colltornla ~
.." Son Diego County !:
. - _ v ~~~.~Ir:s~_~;}::-~
i certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and corr'3ct.
PI2C~ ~.IQ(Cl.ry Seal :,},bove
nd and ~ffiCial se~J\~
Sigl1t=\ture I T [\j,)~ar'/ ?uhlir:
OPTIONAL -.
Signalur
Though the in/ormation be/ow is not required by law, it may piOW) vaJu80ie to persons retying on the (i'JGU!77GI?i
anc! could prevent fraudulent remeval and reattachment of till,:} form to anothor docume,'.;t.
Description of Attached Document
Title or Type of Document: _
Document Date:
_ Number of Pages: __
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by 5igner(s)
Signer's Name:
[J Individual
L Corporate Officer - Title(s):
..j Partner - 0 Limited 0 General
U Aitomey in Fact
U Trustee
Cj Guardian or Conservator
U Other:__
I
I
~
. Signer Is Representing:
r::::7-':-"~~:_:;;--:;':?~:;:~:7':~~-C~~7,=,-z;'~Z 09;y.~",~.:.;-,.,......::~!~;,;;:::;;."".;;~",~;.""~::':;"~,<-';.'i;~'::;.:J~-?"::::-~;"~=N~:z;~~qp;';:'j':.~;'+:.01.-;;'~~~~:s-:.":"i-.:::';<'::':..:T;pC:.z;;.~-.-::?;-.,.-~;;"'-..:-:f'~~~""'::P...
Signer's Name:
o Individual
o Corporate Officer - Title(s): __.
o Partner - 0 Limited 0 Genera!
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
~~~\'!BfJ~1
rTor of (huml) hr,!'e
I
I
I
I
I
I
,
1<;)20l17 t'lation;)j "Iolary I\ssodation' 93.50 De Solo .fJ..l/e.. P.O. 80x 2402 ~ Chatsworth. CA 91313~2402~ ww'",_NalionalNctary.org Item #5907 Reorder: Call Tr:::II-r:ree 1-800-076-6827
Si9ner Is Representing:
2-42
City of Chula Vista
STATE OF CALIFORNIA
) ss.
COUNTY OF SAN DIEGO
On
, before me,
(name, title of officer, e.g., Jane 008, Notary Public)
personally appeared
o personally known to me -or-
o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal
(Signature of Notary)
Capacity claimed by signer:
(This section is OPTIONAL)
o Individual
o Corporate Officer(s):
o Partner(s):
o Subscribing Witness
o Attorney-in-fact
o Trustee(s)
o Guardian/Conservator
o Other:
o General
o Limited
Signer is representing:
(name of person(s) or entity(ies))
Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to
an unauthorized document:
THIS CERTIFICATE MUST
BE ATTACHED TO THE
DOCUMENT DESCRIBED
AT RIGHT
Title or Type of Document:
Number of Pages:
Date of Document:
Signer(s) Other than Named above
2-43
EXHI8iT
A
....--~~
LEGAL DESCRIPTION
CITY OF CHULA VISTA
LOT 1 OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH, VILLAGE 11 NEIGHBORHOODS R-24 AND
R-25, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING
TO MAP THEREOF NO, 15056, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN
DIEGO COUNTY ON JULY 28,2005.
~'ft. CITY OF CHULA VISTA
~ PUBLIC WORKS DEPARTMENT
~ 276 FOURTH AVENUE
OIYClf CHULA VISTA, CA91910
OiUlAVJSrA (619)476-2301
? ~/Z:-i) 07
DATE
OJ/06/2009 J:/UO PM PST
EXHIBIT B
Payment Schedule
Agave Phase 13 (BR07-0450)
Account
1600
1700
3000
3100
4000
4100
4200
4300
4400
4500
4600
5010
5140
5150
6000
8087
Description
Sewer Administrative Fee
Sewer Capacity Fee (18.4)
Traffic Signal Fee (18.2)
Res Construction Tax (18.3)
DIF Transportation
DIF Public Fac Admin
DIF Civic Ctr
DIF Police
DIF Corp Yard
DIF Library
DIF Fire
DIF Recreation
NPDES Fee
DIF Salt Creek Sewer
Otay Ranch Res
Village 11 Ped Bridge
TOTALS
Balance of
Deferred Fees
2.54%
Interest'
. Balance Due @
Final Inspection
$ 45.00 $ 1.14 $ 46.14
$ 18,259.50 $ 463.79 $ 18,723.29
$ 1,666.00 $ 42.32 $ 1,708.32
$ 2,975.00 $ 75.57 $ 3,050.57
$ 8,786.40 $ 223.17 $ 9,009.57
$ 3,724.00 $ 94.59 $ 3,818.59
$ 16,296.00 $ 413.92 $ 16,709.92
$ 11,837.00 $ 300.66 $ 12,137.66
$ 2,366.00 $ 60.10 $ 2,426.10
$ 9,891.00 $ 251.23 $ 10,142.23
$ 6,258.00 $ 158.95 $ 6,416.95
$ 7,504.00 $ 190.60 $ 7,694.60
$ 337.00 $ 8.56 $ 345.56
$ 6,982.50 $ 177.36 $ 7,159.86
$ 182.63 $ 4.64 $ 187.27
$ 10,570.00 $ 268.48 $ 10,838.48
$ 107,680.03 $
2,735.07 $
110,415.10
. Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending
12/31/08 Apportionment Rate
2-45
City of Chula Vista
Exhibit "e"
Recorded at the request of:
When recorded, mail to:
TERMINATION OF DEVELOPMENT IMPACT FEE PLAN PROGRAM AGREEMENT
NOTICE IS HEREBY GIVEN that the Development Impact Fees due under Condition
of the Agreement between
and the City of Chula Vista, Document No.
the County Recorder of San Diego County on
, for the payment of Development Impact Fees as recorded In the Office of
, Document No. , have been fully satisfied as pertaining to:
COUNTY ASSESSOR'S PARCEL NO.
UNIT(s) LOT(s)
Dated:
OR MAP
City of Chula Vista
By:
State of California
County of San Diego
On
, personally appeared
, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) acted, executed the instrument.
, before me,
WITNESS my hand and official seal
Notary Public in and for said County and State
(Seal)
2-46
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
\
3l~ !D7
Dated:
Lien and Development Impact Fee Payment
Plan Program Agreement between
Shea Homes Limited Partnership and the City of Chula Vista
for Clover Phase 6
2-47
RECORDING REQUESTED BY, AI'll) WHEN
RECORDED MAll. TO:
CITY OF CHULA VISTA
Attn: .
No transfer tax is due as this is a conveyance to a
public agency oflc:ss than a fee interest for which
no cash consideration has been paid or received
Far Recorder's Use Only
LIEN AND DEVELOPMENT IMP ACT FEE PAYMENT
PLAN PROGRAM AGREEMENT
THlS LIEN AND DEVELOPMENT iMPACT FEE PA YMENTPLAN PROGRAM AGREEMENT ("Agreement"), dated .
20---, for reference only and executed on the date on which the last party signs,
by and between Shea Homes Limited Partnershio ("Owner"), and the CITY OF CHULA VISTA, a California municipal corporation
and charter city <"City") with reference to the following facts: .
A. Owner is the owner of that certain real property in-the City OfChula Vista, County of San Diego. State of Cali fomi a, more
particularly described on Exhibit "A" attached ("Property").
B. On December 12 20QL..., the City Council of the City approved Resolution # 2006-362 Lot 9 of Otav Ranch Villaae
II Neiehborhood R418 afFinal Man Number 15509 also known as Clover Phase 6 (the "Project").
C. Owner has applied for a building pennit(s) for the Project.
D. Upon the issuance of building permits, certain fees are due and payable pursuant to City's Municipal Corle, non~codified
ordinances related to land development, and California Government Code Sections 66000 et. seq ["Fees"], The Fees applicable
to the building permits are more particularly described on Exhibit "8", attached. Other fees or charges related to the Project, but
not included in Exhibit "B", shall still be due and payable to the City in accordance with the City Municipal Code. Omission of
such additional fees and charges from Exhibit "B" shall not be a waiver of the obligation of Owner to pay such additional fees
and charges.
E. Pursuant to City Ordinance No. 3120 ("Ord. No. 3120"), the City has the authority to defer Fees for 12 months from the pennit
issuance with an option to extend for an additionallZ months, at the sole discretion cfthe City Manager or hislher designee, or
until the call for final inspection for residential development or issuance of certificate of occupancy for non.residential
development, whichever is earlier. . .
F The City has found that the Fees are not immediately needed for public improvements required to serve the Project; deferral of
collection of Fees would encourage development vital to the City; payment of Fees is adequately secured through this
Agreement and the City's right to withhold final inspection or certificate of occupancy until Fees are paid; and the deferral of
Fees for the Project would not jeopardize the public health, safety, and welfare.
G. Ord. }J"o. 3120 requires Owner to execute a contract with the City, prior to the issuance of building permits, in order to defer the
payment of the Fees.
H. City and Owner desire to enter into this Agreement deferring payment oflhe Fees for q months from the permit issuance Vlith
an option to extend for an additional 12 months, at the sole discretion afthe City Manager or hislher designee, or until the caU
for final inspection for residential development or issuance of certificate of occupancy for non-residential development,
whichever is earlier, pursuant to ail the terms and conditions of this Agreement
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS.
1. Ovmer agrees and acknowledges that it is obligated to pay all Fees in type and amount identif1ed in Exhibit "B" and such Fees
are due and payable upon issuance of building permits and by executing this Agreement 'VArvES AND RELEASES the City
from any and all claims arising out afar related to this Agreement, including the amount and type ofFee:s identified in Exhibit
"B". Ovmer's 'Naiver and release of the City shall exclude any and all claims arising out of or related to the City's breach of this
Agreement
2. City agrees to defer the payment of the Fees for 12 months from the pennit issuance with an option to extend for an additional
12 months, at the sole discretion of the Cicy Manager or hislher designee, or until the call for final inspection for residential
development or issuance of certificate of occupancy for non-residential development, whichever is earlier ("Deferral Period").
3. Interest shall accrue at the California State Local Agency Investment Fund (LAIF) Apportionment Rate in effect on the date of
the execution of this Agreement through the end of the Deferral Period until paid ("Accrued interest").
4. Owner on behalf of itself and its successors in interest, whether by inheritance, gift., bequest, devise, sale, conveyance,
assignment, or other method of transferring title or acquiring interest in or to any part of the Project or Property ("Successors"),
2-48
agrees to pay the Fees and Accrued Interest with a certified check prior to or concurrent with the date an which the Deferral
Period ends.
5. Owner agrees that if it fails to pay the Fees and Accrued Interest in full prior the end of the Deferral Period, City shall withhold
the final inspection or issuance of ceniticate of occupancy, as appUcable, until payment of Fees and Accrued Interest is made in
full.
6. All other rights afthe parties shall remain unchanged, as if the Fees were paid at the time of permit issuance. Without limiting
the foregoing, the Fees payable shall be those in effect at the time of execution of the Agreement as set forth an Exhibit "B".
7. This Agreement shall be recnrded by the City in the Official Records of the County nf San Diego, Office nfthe County Recorder
and shall constitute a lien for the Fees and Accrued Interest binding upon and ~ing with the Property. If the Owner sells or
transfers the Property or any portion of the Property in any manner, Property shall not be released from any of the obligations,
covenants, or conditions under this Agreement relating to the Property or portion of the Property or Project being acquired.
8. The burden of this Agreement shall be released from the title to the Propeny upon the payment of Fees and Accrued Interest.
Within ten (10) business days following the payment of the Fees and Accrued Interest, the City shall execute a "Release ofLienn
(Exhibit "cn), which shall be in standard fonn, approved by the City Attorney, releasing the burden of this Agreement from the
title to the Property. Failure of the City to execute the Release of Lien within ten (10) business days of payment of the Fees and
Accrued mterest shall not be deemed a breach of this Agreement, provided City makes its best efforts to execute the Release of
Lien within a reasonable time thereafter.
9 The Owner agrees and is obligated to pay all costs associared with the recording of the Agreement and Release of Lien.
10. Each signatory to this Agreement represents, warrants, and cenifies that he/she has the authority to enter into this Agreement on
behalf of the Owner, the agencies/companies/trusts, respective officers, directors, and/or trustees they represent (collectively
"Applicants") and that this Agreement shall be binding upon and constitute an obligation of the Applicants.
fN WITNESS WHEREOF, this Agreement is executed by the CITY OF CHULA VISTA acting by and through it's Mayor or
designated and authorized representative thereto, and by the Owner/Applicant
"Owner/Applicant
Date: <8 "?- e.,.- _ e "<-.
~<co.,.- K-0~-:S G",,-,n:.t:> ~S<'-(,;-
....
" &-~;;2-
/ p::
Its .0-<^-~=='"e=-t':> ~~
Date:
THE CITY OF CHULA VISTA,
A Califorhia municipal corporation
By
Is
Approved as to fl)rm and legality this
_ day of
20
Bart Miesfe1d, City Attorney
By:
Deputy City Attorney
2-49
CAUf'ORNH\ ALL.PURPOSE ACKNOWLiEDGMEi'fr
~(;<o:,::'.;.::::',:s;.0~D::'i.~~~{,'Q'L~'?2~~~:"~:1f"&;~ili.:.:.~Q"~0.:m;-Q':"'Q~~~'::~'~~~:-~":5~::~:~>:%'-~~~g:::&.:;:r:,~:.::;'~~~..j(;'.~~:~~~~~~::\~~:
State of California }
Coooty of ~ D\~ .. lli
o,~,. ctOO(.~'fo"m' ~ 1;",~~;:,:;,:.O~ (i<.,
personally appeared tl \()),(~~ L. ~\ ~S ~
f\lame{s) of Sign~r(s)
~. - . ~ ~ ~~~~~.:~~~~; . f
~ . Notary Public. California ~
:.:: San DIego County - .
_ ,..~~:~~.~lr~~.?:f231J .t
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/~subscribed to the
within instrurnent and acknowlec:~:Jed to me that
he/~ e.xf?cuted the same in his/~ authorized
capacity(ies), and that by his/be'-/:'~::;t;-signature(s) on the
instrument the person(s), or the en'ity upon behaif of
Wllich the person(s) acted, executed t~le instrument.
I certify under PEi'l,~LTY OF PERJUfi'Y under the laws
of the State of Caiifornia that the foregoing paragraph is
true and correct.
P12r:.e ,\!r,(nry S8<?1 Abe"~
VVITNESS rn\' h'3nd 2nd e,fficiaf s~?3.1.
. _:~----
I\;....,;:,r.~ l;uhik:
Sign2tur~
---- OPTIONAL --~'--
Though the information below is not required L'Y law, it n Jay prove valuaiJi-:.1 to persons relymg on th~1 ::'ucument
and could ,Die vent fraudulent rsmol/al and reattach!1!f.mt of this form :~o another dOCUr7?6ilr.
Description of Attached Document
Title or Type of DocLlment
Document Date:
___ Number of Pages: __. .______
Signer(s) Other Than Named f,bove:
Capacity(ies) Claimed by Signer(s)
Signer's Name: ____
1.:..1 Individual
[J Corporate Officer - Title(s):
U Partner - II Limited 0 General
i:: Attorney in Facl
L_' Trustee
.1 Guardian or Conservator
Signer's !\Ie.me:
o individual
[J Corpor2te Officer - Title(s):
o Partnr::r -- [J Umited II Genera!
[] Attolns\! in Fact
!.] Trusters
o Guard12.n or Conserv2iol'
Other:
C Other: __.___________.
Signee Is Representing:
Signer Is Representing:
Q~;:~(~-;.:--;~~...;~::, ;"",':;:,.?J.r;~:;:;{;:g;:;'~:::::":;-(:,.'<_=.(::":.,,<j:~',;":;::'v'~~;."0;"Y;;.(:;. :-::,<;.~._~.v;;:.;~~~;-::.;:;:;;g;';:':'~.;'r\:,~ -E-"'" '1:~Z::~'7;C'-~:-"~;~':5;~:".7.~';:;?;::;<:7;:~.-^:,.~~rJ~:;:r:/:;~::;;::
(C)2007 Natiorml i'-Iotary Association' 9350 De Sotd Ave., P.O. Box 2402 'ChatsworUl. CA 9131.3.2402' ww,..~I.NationaINot.:1ry.org Item #5907 R~JC"'"!er:C:!11 Toll-Free 1-800-1376-6827
2-50
City of Chula Vista
STATE OF CALIFORNIA
) ss.
COUNTY OF SAN DIEGO
On
, before me,
(name, title of officer, e.g., Jane Doe, Notary Public)
personally appeared
o personally known. to me -or-
o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the
entity upon beha~ of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal
(Signature of Notary)
Capacity claimed by signer:
(This section is OPTiONAL)
0 Individual
0 Corporate Officer(s):
0 Partner(s): 0
0 Subscribing Witness
0 Attorney-in-fact
0 Trustee(s)
0 Guardian/Conservator
0 Other.
Signer is representing:
General
o Limited
(name of person(s) or entity(ies))
Attention Notary: Aithough the information requested below Is OPTIONAL, it could prevent fraudulent attachment of this certificate to
an unauthorized document:
THIS CERTIFICATE MUST
BE ATTACHED TO THE
DOCUMENT DESCRIBED
AT RIGHT
Title or Type of Document
Number of Pages:
Date of Document
Signer(s) Other than Named above
2-51
::XHIB1T~_ A
LEGAL DESCRIPTION
CITY OF CHULA VISTA
LOT 1 OF CHULA. VISTA TRACT NO. 01-11, OTAY RANCH, VILLA.GE 11 NEIGHBORHOOD R-18, IN THE
CITY OF CHULA. VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 15509, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO
COUNTY ON JANUARY 29, 2007.
~,~ CITY OF CHULA VISTA
~ PUBLIC WORKS DEPARTMENT
276 FOURTH AVENUE
01Y Of CHULA VISTA, CA 91910
aiUlA VlSI'A (619) 476-2301
01/06/2009 1:1/'20 PM PST
EXHIBIT B
Payment Schedule
Clover Phase 6 (BR08-0037 thru BR08-0038)
Account
1600
1700
3000
3100
4000
4100
4200
4300
4400
4500
4600
5010
5140
5150
600
B087
Description
Sewer Administrative Fee
Sewer Capacity Fee (18.4)
Traffic Signal Fee (18.2)
Res Construction Tax (18.3)
DIF Transportation
DIF Public Fac Admin
DIF Civic Ctr
DIF Police
DIF Corp Yard
DIF Library
DIF Fire
DIFRecreation
NPDES Fee
Salt Creek Sewer DIF
Otay Ranch Res
Village 11 Ped Bridge
2.54%
Balance of
Deferred Fees
Interest"
Balance Due @
Final Inspection
$ 90.00 $ 2.29 $ 92.29
$ 20,868.00 $ 530.05 $ 21,398.05
$ 1,904.00 $ 48.36 $ 1,952.36
$ 2,400.00 $ 60.96 $ 2,460.96
$ 10,041.60 $ '255.06 $ 10,296.66
$ 4,256.00 $ 108.10 $ 4,364.10
$ 1,464.00 $ 37.19 $ 1,501.19
$ 592.00 $ 15.04 $ 607.04
$ 120.00 $ 3.05 $ 123.05
$ 4,176.00 $ 106.07 $ 4,282.07
$ 7,152.00 $ 181.66 $ 7,333.66
$ 8,576.00 $ 217.83 $ 8,793.83
$ 548.00 $ 13.92 $ 561.92
$ 7,980.00 $ 202.69 $ 8,182.69
$ 208.72 $ 5.30 $ 214.02
$ 12,080.00 $ 306.83 $ 12,386.83
$
82,456.32 $
2,094.39 $
84,550.71
. Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending
12/31/08 Apportionment Rate
2-53
,
City of Chula Vista
Exhibit "e"
Recorded at the request of:
When recorded; mail to:
TERMINATION OF DEVELOPMENT IMPACT FEE PLAN PROGRAM AGREEMENT
NOTICE IS HEREBY GIVEN that the Development Impact Fees due under Condition
of the Agreement between
and the City of Chula Vista, Document No.
the County Recorder of San Diego County on
, for the payment of Development Impact Fees as recorded in the Office of
, Document No. , have been fuliy satisfied as pertaining to:
COUNTY ASSESSOR'S PARCEL NO.
UNIT(s) LOT(s)
Dated:
OR MAP
City of Chula Vista
By:
State of California
County of San Diego
On
, personally appeared
, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s)' whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) acted, executed the instrument.
before me,
WITNESS my hand and official seal
Notary Public in and for said County and State
(Seal)
2-54 .
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
. FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated 81 b 109
Lien and Development Impact Fee Payment
Plan Program Agreement between
Shea Homes Limited Partnership and the City of Chula Vista
for Mosaic Phase 4
2-55
RECORDING REQUESTED BY, A}ID WHEN
RECORDEb MAIL TO:
CITY OF CHULA VISTA
Ann:
No transfer tax is due as this is a conveyance to a
public agency of lc:ss than a fee interest for which
no cash consideration has 'been paid or received
For Recorder's Use Only
LIEN AND DEVELOPMENT IMPACT FEE PAYMENT
PLAN PROGRAM AGREEMENT
THIS LIEN AND DEVELOPMENT IMP ACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("Agreement"), dated
20---, for reference only and executed on the date on which the last party signs,
by and between Shea Homes Limited Partnershio ("Owner"), and the CITY OF CHULA VISTA, a California municipal corporation
and charter city ("City") with reference to the following facts:
A. Owner is the owner of that certain real property in the City OfCh1;lla Vista, County of San Diego, State of California, more
particularly described on Exhibit "A" attached ("Property").
B. On Julv 10. 20~ the City En2ineer of the City approved Parcel 2: of Otav Ranch Villaee 7 Neil1hborhood R-l B
of Parcel MaD Number 10057 also known as Mosaic Phase 4 (the "Project").
C. Owner has applied for a building permit(s) for the Project.
D. Upon the issuance of building permits, certain fees are due and payable pursuant to City's Municipal Code, non-codified
ordinances related to land development, and California Government Code Sections 66000 et. seq ["Fees"]. The Fees applicable
to the building permits are more particularly described on Exhibit "B", attache.d. Other fees or charges related to the Project, but
not included in Exhibit "B", shall still be due and payable to the City in accordance with the City Municipal Code. Omission of
such additional fees and charges from Exhibit "B" shaH not be a waiver of the obligation of O\\l1er to pay such additional fees
and charges. .
E. Pursuant to City Ordinance No. 3120 ("Ord. No. 3120"), the City has the authority to defer Fees for 12 months from the permit
issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager Of his/her designee, or
until the call for final inspection fOf residential development Of issuance of certificate of occupancy for non.residential
development, whichever is earlier.
F. The City has found that the Fees are not immediately ~eeded for public improvements required to serve the Project; deferral of
collection of Fees would encourage developm~nt vital to the City~ payment of Fees is adequately secured through this
Agreement and the City's right to withhold final inspection or certificate of occupancy until Fees are paid; and the deferral of
Fees for the Project would fjotjeopardize the public health, safety, and welfare.
G. Ord. No. 3120 requires Owner to execute a contract with the City, prior to the issuance of building permits, in order to defer the
payment of the Fees.
H. City and Owner desire"to enter into this Agreement deferring payment of the Fees for 12 months from the penn it issuance with
an option to extend for an additional 12 months, at the sole discretion of the City Manager or hislher designee, or until the call
for final inspection for residential development or issuance of certificate of occupancy for non4residential development,
whichever is earlier, pursuant to all the terms and conditions of this Agreement.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS.
1. Owner agrees and acknowledges that it is obligated to pay all Fees in type and amount identified in Exhibit "B" and such Fees
are due and payable upon issuance of building permits and by executing this Agreement \V AlVES Al'l'D RELEASES the City
from any and all claims arising out of or related to this Agreement, including the amount and type of Fees identified in Exhibit
"B". Owner's waiver and release of the City shall exclude any and all claims arising out of or related to the City's breach of this
Agreement
2. City agrees to defer the payment of the Fees for 12 months from the permit issuance with an option to extend for an additional
12 months, at the sote discretion of the City Manager or his/her designee, or until the call for final inspection for residential
development or issuance of certificate of occupancy for non4residential development, whichever is earlier ("Deferral Period").
3. Interest shall accrue at the California State Local Agency Investment Fund (LAIF) Apportionment Rate in effect on the date of
the execution of this Agreement through the end of the Deferral Period until paid ("Ace.rued [ntc:rest").
4. Owner on behalf of itself and its successors in interest, whether by inheritance, gift, bequest, devise, sale, conveyance,
assignment, or other method of transferring title or acquiring interest in or to any part of the Project or Property ("Successors"),
2-56
agrees to pay the Fees and Accrued tnterest with a certitied check prior to or concurrent with the date on which' the Deferral
Period ends.
5. Owner agrees that if it fails to pay the Fees and Accrued Interest in full prior the end of the Deferral Period, City shall withhold
the final inspection or issuance ofeertificate of occupancy, as applicable, until payment of Fees and Accrued Interest is made in
full.
6. All other rights of the parties shall remain unchanged, as if the Fees were paid at the time of permit issuance. Without limiting
the foregoing, the Fees payable shall be those in effect at the time of execution of the Agreement as set forth on Exhibit "B".
7. This Agreement shall be recorded by the City in the Official Records of the County of San Diego, Office of the County Recorder
and shall constitute a lien far the Fees and Accrued Interest binding upon and running with the Property, If the Owner sells or
transfers the Property or any portion of the Property in any manner, Property shall not be released from any of the obligations,
covenants, or conditions under this Agreement relating to the Property or portion of the Property or Project being acquired.
8. The burden of this Agreement shall be released from the title to the Property upon the payment of Fees and Accrued Interest.
Within ten (10) business days following the payment of the Fees and Accrued Interest, the City shall execute a "Release aftien"
(Exhibit "C"), which shall be in standard form, approved by the City Attorney, releasing the burden of this Agreement from the
title to the Property. Failure of the City to execute the Release of Lien within ten'(10) business days of payment of the Fees and
Accrued mteres! shall not be deemed a breach afthis Agreement, provided City ,makes its best efforts to execute the Release of
Lien within a reasonable time thereafter,
9 The Owner agrees' and is obligated to pay all costs associated with the recording of the Agreement and Release of Lien.
la, Each signatory to this Agreement represents, warrants, and certifies that he/she has the authority to enter into this Agreement on
behalf of the Owner, the agencies/companies/trusts, respective officers, directors, and/or trustees they represent (collectively
"Applicants") and that this Agreement shail be binding upon and constitute an obligation of the Applicants,
IN WITNESS WHEREOF, this Agreement is executed by the CITY OF CHULA VISTA acting by and through it's Mayor or
designated and authorized representative thereto, and by the Owner/Applicant.
"Owner/Applicant
Date:
~2:. or.eR..
<;,..{~ r<-~.s. L-<""- '"n'I> ~~Hd"
" - !:t. -;; ;-
~
=::'
-
Its ~Oe':-<z..,-(> ~----"
Date:
THE CITY OF CHULA VISTA,
A California municipal corporation
By
Is
Approved as to form and legality this
_ day of
.20
Bart MiesfeId, City Attorney
By:
Deputy City Attorney
2-57
CALIFORNIA AU.-!PURPOSE ACKNOWLEDGMENT
.('&~~~.-..-5-"'.(?<'.c<''''7(''-<;:'~-:x~.~~...W~6;''~4;("..f~,*.~;.'K').~(;<::e<''~.fuj..~~~~-4i~~~.<.."{,"kX;")~~'~~';:;~.-5cx~;:>"7;~~~~~k:PA~~..(;:~~~~
}
State of California
County of 0a.Yl Pt"JO
On M ~vh ~ ~ before me,
Dale
personally appeared ~ L.
J, c..,
who proved to me onthebasis.ofsatis.fact<;>rY evidence to
be the @(s) whos~~~resubscribedtothe
w' in instrumentan~~owledged to me that
. Ithe...yexecuted the Arne in<6lilh.i .. er/t.heirautho. rized
apaci ies}; and that b~er/lhe~gnat~(s) on the
instrument the erso (s),.or the entity upon behalf of
which the erso slatted; executed the instrumerit.
I certify under PENALTY OF PERJURY under the laws
ofthe State of Califorriiathatthe foregding paragraph is
true and correct.
WITNESS myh
Place Notary .se~ll ..\00\1'('
Signature
OPTIONAL
Though the information below is not required by law. it may prove valuable topersolls.relying on the document
and could prevent fraudulent removal and reattachrnent ofthis:form to anotl19r"-document
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s}
.
rop of ihllmb here
Signer's Name:
o Individual
o Corporate Officer -'- Title(s}:
OPartner - 0 Limited 0 General
D~ttorney in Fact
o Trustee
o Guardian or Conservator
DOther:
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - [J Limited iJ General.
0. Attorney in Fact
0. Trustee
LJ Guardian or Conservator
0. Other:
Signer Is Representing:
Signer Is Representing:
g)~~~~~$~-4.~~~~~,~.:T4"(,'~~~~~~~AX:*-~~~~'%~~Y.;q<j~~~~o:',,^
@2007NalionalNomryAs::lcclllOOn'9350 De Solo Ave., P,O,Oo:t 2402 'CJ1ulswOttl'i; CA -91313.2402"www.NaticIWINOla_ry.~(g' - It(!m'!J5907 ReO(der:C")I~To[l..Frea l-mJo..a~-6B27
2-58
City of Chula Vista
STATE OF CALIFORNIA
) ss.
COUNTY OF SAN DIEGO
On
, before me,
(name, title of officer, e.g., Jane Doe, Notary Public)
personally appeared
G personally known to me -or-
o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal
(Signature of Notary)
Capacity claimed by signer:
(This section is OPTIONAL)
0 Individual
0 Corporate Officer(s):
0 Partner(s): 0
0 Subscribing Witness
0 Attorney-in-fact
0 Trustee(s)
0 Guardian/Conservator
0 Other:
Signer is representing:
General
o Limited
(name of person(s) or entity(ies))
Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to
an unauthorized document:
THIS CERTIFICATE MUST
BE ATTACHED TO THE
DOCUMENT DESCRIBED
AT RIGHT
Title or Type of Document:
Number of Pages:
Date of Document:
Signer(s) Other than Named above
2-59
EXHiBIT.
11
PARCEL 2 OF PARCEL MAP NO, 20057, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO
COUNTY ON JULY 17, 2006,
~Vt.. CITY OF CHULA VISTA
~ PUBLIC WORKS DEPARTMENT
~ 276 FOURTH AVENUE
OIYOF CHULAVISTA,CA91910
CHULA VISTA (619) 476-2301
lEGAl. DESCRIPTION
CITY OF CHUlA VISTA
03/06/2009.
EXHIBIT B
Payment Schedule
Mosaic Phase 4 (BR08-0069)
Account
1600
1700
3000
3100
4000
4100
4500
4600
5010
5140
6000
2.54%
Balance of
Balance Due @
Description
Sewer Administrative Fee
Sewer Capacity Fee (18.4)
Traffic Signal Fee (18.2)
Res Construction Tax (18.3)
DIF Transportation
DIF Public Fac Admin
DIF Library
. DIF Fire
DIF Recreation
NPDES Fee
Otay Ranch Res
Deferred Fees Interest. Finallnscection
$ 45.00 $ 1.14 $ 46.14
$ 26,085.00 $ 662.56 $ 26,747.56
$ 248.00 $ 6.30 $ 254.30
$ 3,575.00 $ 90.81 $ 3,665.81
$ 12,552.00 $ 318.82 $ 12,870.82
$ 5,320.00 $ 135.13 $ 5,455.13
$ 7,940.00 $ 201.68 $ 8,141.68
$ 8,940.00 $ 227.08 $ 9,167.08
$ 10,720.00 $ 272.29 $ 10,992.29
$ 484.00 $ 12.29 $ 496.29
$ 260.90 $ 6.63 $ 267.53
$
76,169.90 $
78,104.62
1,934.72 $
Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending
12/31/08 Apportionment Rate
2-61
City of Chula Vista
Exhibit "e"
Recorded at the request of:
When recorded, mail to:
TERMINATION OF DEVELOPMENT IMPACT FEE PLAN PROGRAM AGREEMENT
NOTICE IS HEREBY GIVEN that the Development Impact Fees due under Condition
of the Agreement between
and the City of Chula Vista, Document No.
the County Recorder of San Diego County on
, for the payment of Development Impact Fees as recorded in the Office of
, Document No. , have been fully satisfied as pertaining to:
COUNTY ASSESSOR'S PARCEL NO.
UNIT(s) LOT(s)
Dated:
OR MAP
City ofGhula Vista
By:
State of California
County of San Diego
On
, personally appeared
, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) acted, executed the instrument.
, before me,
WITNESS my hand and official seal
Notary Public in and for said County and State
(Seal)
2-62
RESOLUTION NO. 2009
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE DEVELOPMENT IMPACT FEE
PAYMENT PLAN PROGRAM AGREEl\IffiNT ("AGREEMENT")
WITH CORNERSTONE COMMUNITIES FOR ANDORRA PHASE 7
AND PALMA AT ROLLING HILLS RANCH MODEL UNITS,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY, AND DIRECTING THE
CITY CLERK TO RECORD A LIEN AND THE AGREEMENT WITH
THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO
WHEREAS, the City requires the payment of various processing, development impact,
capacity, and in-lieu fees to ensure new development mitigates its impact on public facilities; and
WHEREAS, the payment of these fees is a substantial commitment for many projects,
and spreading the payment of the fees over an extended period may assist in the development of
projects; and
WHEREAS, in December 2008, members of the development community contacted the
City and requested an extended payment schedule program be considered; and
WHEREAS, the City Council approved an Ordinance establishing the Development
Processing and Impact Fee Payment Plan, which became effective on February 6, 2009; and
WHEREAS, in Andorra Phase 7, Cornerstone Communitites proposes to develop 21 total
residential units named Andorra Phase 7 project in The Summit at Eastlake; and
WHEREAS, for their Palma Models, Cornerstone Communities is proposing to develop 3
residential units named the Palma project in Rolling Hills Ranch; and
WHEREAS, Cornerstone Communities, owns the property for Andorra Phase 7 and the
Palma Model Units and agrees that they are responsible for all of the development impact fees
owed for the projects.
WHEREAS, Cornerstone Communities also acknowledges and agrees that these fees are
due and payable to the City prior to or upon the call for final inspection; and
WHEREAS, by executing this Agreement and placing a lien on the Property, the City is
securing the payment of the deferred fees.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Agreement with Cornerstone Communities for Andorra Phase 7 and
Palma at Rolling Hills Ranch Model Units and authorize the City Manager to execute the Agreement
on behalf of the City.
2-63
BE IT FURTHER RESOLVED by the City Council of the City Of Chula Vista that the
City Clerk is directed to record a lien and the Agreement with the County Recorder of the
County of San Diego. / 2'
Pre,ented by App, I::k '" to iY' /
Richard A. Hopkins
Director of Public Works
2-64
THE ATTACHED AGREEJ\1ENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
T CI CO IL
Dated: lito ~
Lien and Development Impact Fee Payment
Plan Program Agreement between
Cornerstone Summit at Eastlake, L.P. and the CityofChula Vista
for Andorra Phase 7
2-65
RECORDING REQUESTED BY, AND WHEN
RECORDED MAlL TO:
CITY OF CHULA VISTA
Attn:
No transfer tax is due as this is a conveyance to a
public agency of less than' a fee interest for which
no cash consideration has been paid or received
For Recorder', Use Only
LIEN AND DEVELOPMENT IMPACT FEE PAYMENT
PLAN PROGRAM AGREEMENT
THIS LIEN AND DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("Agreement"), dated
Ma rr.....n l..{,.. ,204. for reference only and executed on the date on which the jast party signs,
by and between Cornerstone Summit at Esa,tlake LP. ("Owner"), and the CITY OF CHULA VISTA, a California municipal
corporation and charter city ("City") with reference to the .following facts:
A Owner is the own~r of that certain real property;n the City OfChula Vista, County of San Diego, State ofC:JJ.ifomia, more
particularly described on Exhibit "A" attached C"Property").
B. On Mav 4. 20~. the Cirv Council of the City approved Resolution # 2004-143 Lot 32 and 34 oftbe
Summit at Eastlake afFinal MaD Number 14814 also knOVlIl as Andorra Phase 7 (the "Project").
C. Owner has applied for a building permit(s) for the Project
D. Upon the issuanc~ of building pennits. certain fees are due and payable pursuant to City's Municipal Code, non.codified
ordinances related to land development, and California Government Code Sectious 66000 et seq ["Fees"]. The Fees applicable
to the building permits are more particularly described on Exhibit "B", attached. Other fees or charges related to the Project, but
not included in Exhibit "B", shall still be due and payable to the City in accordance with the City Municipal Code. Omission of
such additional fees and charges from Exhibit "B" shall not be a waiver of the obligation of Owner to pay such additional fees
and charges.
E. Pursuant to City Ordinance No. 3120 ('''Ord. No. 3110"). the City has the authority to defer Fees for 12 months from tbe permit
issuance with an option to extend for an additional 12 months, at the sote discretion of the Cit)' Manager or hislber designee, or
until the call for final inspection for residential development or issuance of certificate of occupancy for non~residential
development, whichever is earlier.
F. The City has found that the Fees are not irrunediately needed for public improvements required to serve the Project; deferral of
collection of Fees would encourage development vital to the City; payment of Fees is adequately secured through this
Agreement and the City's right to withhold final inspection or certificate of occupancy until Fees are paid; and the deferral of
Fees for the Project would not jeopardize -the- public health, safety, and welfare.
G. Ord. No. 3120 requires O'NIler to execute a contract with the City, prior to the issuance of building permits. in order to defer the
payment of the Fees.
H. City and O'WIler desire to enter into this Agreement deferring payment of the Fees for 12 months from the permit issuance with
an option to extend for an additional 12 months, at the sole discretion oft..,e City Manager or hislber designee. or until the call
for final inspection for residential development or issuance of certificatt: of occupancy for non~residential development.,
whichever is earlier, pursuant to aU the terms and conditions of this Agreement
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. G1NIler agrees a.nd acknowledges that it is obligated to pay all Fees in type and amount identified in Exhibit "B" and such Fees
are due and payable upon issuance of building permits and by ex.ecuting this Agreement WAIVES AND RELEASES the City
from any and all claims arising out of or related to this Agreement, including the amount and type of Fees identified in Exhibit
"B". Owner's waiver and release of the City shall exclude any and all claims arising out of or related to the City's breach of this
Agreement
2. City agrees to defer t..'1e payment of the Fees tor 12 months from the permit issuance wirh an option to extend for an additional
12 months, at the sole discretion of the City Manager or hislber designee, or until the call for final inspection for residential
development or issuance of certificate of occupancy for non-residential development., whichever is earlier ("Deferral Period").
3. Interest shall accrue at the California State Local Agency Investment Fund (LAlF) Apportionment Rate in effect on the date of
the execution o[tbis Agreement through the end of the Deferral Period until paid ("Accrued Interest").
4. Owner on behalf of itself and its successors in interest, whether by inheritance, gift, bequest, devise, sale, conveyance.
assignment, or other method of transferring title or acquiring interest in or to any part of the Project or Proptrty ("Successors"),
2-66
agrees to pay the Fees and Accrued Interest with a certified check prior to or concurrent with the date on which the Deferral
Period ends.
5. Owner agrees that if it fails to pay the Fees and Accrued Interest in full prior the end of the Deferral Period, City shall withhold
the .fInal inspection or issuance of certificate of occupancy, as applicable, until payment of Fees and Accrued Interest is. made in
full.
6. All ather rights of the parties shall remain unchanged, as if the Fees were paid at the time of permit issuance. Without limiting
the foregoing, the Fees payable shall be those in effect at the time of execution of the Agreement as set forth on Exhibit '''B''.
7. This Agreement shall be recorded by the City in the Official Records of the County of San Diego, Office of the County Reoorder
and shall constitute a lien.for the Fees and Accrued Interest binding upon and rwming with the Property. lfthe Owner sells or
transfers the Property or any portion of the Property in any manner, Property shall not be released from any of the obligations,
covenants, or conditions under this Agreement relating to the Property or portion of the Property or Project being acquired.
8. The burden of this Agreement sball be released from the title to the Property upon the payment of Fees and Accrued Interest.
Within ten (10) business days following the payment of the Fees and Accrued Interest. the City shall execute a "Release of Lien"
(Exhibit "C"), which sball be in standard fonn, approved by the City Attorney, releasing the burden ofthi, Agreement from the
title to tht:: Property. Failure of the City to execute the Release of Lien within ten (l0) business days of payment of the Fees and
Accrued Interest shalt not be deemed a breach afthis Agreement, provided City makes its best efforts to execute the Rele:lSe of
Lien within a reasonable time thereafter.
9. The Owner agrees and i.s obligated to pay all costs associated with the recording of the Agreement and Release of Lien.
10. Each signatory to this Agreement represents, warrants, and certifies that he/she has the authority to enter into this Agreem.ent on
behalf OfL1.e Owner, the agencies/companies/trusts, respective officers, directors. andlor truStees they represent (collectively
"Applicants") and that this Agreement shall be binding upon and constitute a.n obligation of the Applicants.
IN WlTNESS WHEREOF, this Agreement is executed by the CITY OF CHULA VISTA acting by and through it's Mayor or
designated and authorized representative thereto, and by the Owner! Applicant.
"owner/A,PPlicantQ
\9-
'---""
Date: 3.'-\. ~
C() Y"r\ t.rsf-oY\t" St.<...rr, rn ; f .r.16c..bHc..I4jL.p.
By \).,,~
\~~"\.ae-
]~~~~
Date:
THE CITY OF CHULA VISTA,
A California municipal corpomtion
By
Is
Approved as' to form and legality this
_ day of
,20
Bart Miesfeld, City Attorney
By:
Deputy City Attorney
2-67
City of Chula Vista
Exhibit "A"
Property Description (Legal Description)
LOTS 31 THRU 34 OF MAP NO. 14814, IN THE CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, RECORDED ON MAY 27, 2004 AS FILE NO.
2004-0493167 OF OFFICIAL RECORDS.
2-:68
EXHIBIT B
Payment Schedule
Andorra Phase 7 (BR07-0513 thru BR07-0533)
Account
1600
3000
3100
4000
4100
4200
4300
4500
4600
Description
Sewer Administrative Fee
Traffic Signal Fee (18.2)
Res Construction Tax (18.3)
DIF Transportation
DIF Public Fac Admin
OIF Civic Ctr
OIF Police
01 F Library
DIF Fire
2.54%
Balance of
Deferred Fees
Interest.
Balance Due @
Final Inspection
$ 945.00 $ 24.00 $ 969.00
$ 430.50 $ 10.93 $ 441.43
$ 11,100.00 $ 281.94 $ 11,381.94
$ 14,490.00 $ 368.05 $ 14,858.05
$ 8,694.00 $ 220.83 $ 8,914.83
$ 11,046.00 $ '. 280.57 $ 11,326.57
$ 12,327.00 $ 313.11 $ 12,640.11
$ 4,263.00 $ 108.28 $ 4,371.28
$ 5,439.00 $ 138.15 $ 5,577.15
$
68,734.50 $
1,745.86 $
. 70,480.36
. Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending
12/31/08 Apportionment Rate
2-69
City of Chula Vista
Exhibit "e"
Recorded at the request of:
When recorded, mail to:
TERMINATION OF DEVELOPMENT IMPACT FEE PLAN PROGRAM AGREEMENT
NOTICE IS HEREBY GIVEN that the Development Impact Fees due under Condition
of the Agreement between
, for the payment of Deveiopment Impact Fees as recorded in the Office of
, Document No. , have been fully satisfied as pertaining to:
and the City of Chula Vista, Document No.
the County Recorder of San Diego County on
COUNTY ASSESSOR'S PARCEL NO.
UNiT(s) LOT(s)
Dated:
OR MAP
City of Chula Vista
By:
State of California
County of San Diego
On
, personally appeared
, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) acted, executed the instrument.
, before me,
WITNESS my hand and official seal
Notary Public in and for said County and state
(Seal)
2-70
CAUIFORNUA ALl.PURPOSE ACllOllOWLEDGMEfNlT
_~~,""~",,,,~~~~~..---~.a:=_~~~~~~~~~'W"--~~~"--~=~
State of California }
County of . SA1/ j);'EejO 11 /
onPl/X'J, t;(O()~ before :, JO rz,v/V~ -E7/;:Sv/! //llJj;q~jJ ?~(;L
Date ? j,/)E u. V h' L-~Ore In:~ N/~mr. an~ of the Officer
personally appeared V[ /(i /'- /\/(= ~ 1/' _
Name(s) of Signer(s)
~ ~ .:.. ~ - :oi:: f~I~~:2 = f
~ . -e Notary Public. California ~.
A ' San Diego County [
J _ _ :o,:,:":..~e~e~2:.2~o[
who proved to me on the basis of satisfactory evidence to
be the person~ whose name~re. subscribed to the
within instrument and acknowledged. to me that
@SA€/t~ executed the same i~tMjr authorized
capaci~, and that b~/the.ir signature~on the
instrument the personW, or the entity upon behalf of
which the person(~ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my ha
&-~
Signature of Notary Public
Place Notary Seal Above
OPTIONAr.
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
TitleOrTypeOIDocument:k~r9.A/0 b!/2?/oPP7t!!(LJ ~~Act k~
. ;?/A/t,/ ?/-(~~...-c AJJ.;(e:~/Y\<! '1/
Document Date: /'7}j:::}F( ('~ 7'" 2,;: 'fl Number 01 Pages:
Signer(s) Other Than Named Above:
ffi y frl~;;t
-5
Capacity(ies) Claimed by Signer(s)
"-
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Signer's Name:
o Individual
}f!f Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
m nC'K4L
'7-J=;n:J /i/E"/(.-/'
Signer Is Representing:
Signer Is Representing:
~~~~~~~~~~~~.r'~"~'=<.(:,;~'f:0,;.~~~~""~"'~~~~~~~~~~~~~~~~~~~~'"~
lCl2007 National Notary Association. 9350 De Sata Ave., P.O. Box 2402 . Chatsworth. CA 91313.2402. www.NationaINotary.org Item #5907 Reorder: Call Toll-Free 1-800.875-6827
2-71
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORi.V1 BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated 31 ~ (03
Lien and Development Impact Fee Payment
Plan Program Agreement between
Estancia Southwest, LLC and the City of Chula Vista
for Palma Models
2-72
RECORDING REQUESTED BY, AND WHEN
RECORDED MAIL TO:
CITY OF CHULA v1STA
Attn:
No transfer tax is dlJ.e as this is a conveyance to 3.
public agencY of less than a fee interest for which
no cash consideration has been paid or received
For Recorder's Use Only
LIEN A1~D DEVELOPMENT IMP ACT FEE PAYMENT
PLA1~ PROGRAM AGREEMENT
TIllS LIEN MU DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRA.\1 AGREEMENT ("Agreement"), dated
~'t 'fC t1 t.I _,20,Q:L, for reference only and executed on the date on which the last parry signs,
by and between Estancia Soutbwest LLC ("Owner"), and tbe CITY OF CHULA V1ST A, a California municipal corpora'ion and
charter city ("Cicy") with reference to the following facts:
A Owner is the owner oftha! certain real property ~n the City OfChula Vista, County of San Diego, State of Cali fa mia. more
particularly described on Exhibit "A" aTtached ("Property").
B. On Mav 17 20frL-. the City Council ofllie City approved Resolution #. 2005-158 Lots I 2, and 5 of the
RollinlT Hills Ranch Subarea UI Neiehoorhood lOA afFinal Man Number 15024 also known as Palma Models (the
"Project").
C. Owner bas applied for a building permit(s) for tbe Project
D. Upon the issuance of building permits, certain fees are due and payable pursuant to City's Mwucipal Code, non.codified
~rdinances related to land development, and California Government Code Sections 66000 et. seq ["Fees"], The Fees applicable
to the building permits are more particularly described on Exhibit "B", attached. Other fees or charges related to the Project, but
not included in Exhibit "B", shall still be due and payable to the City in accordance with the City Municipal Code. Omission of
such additional fees and cbarges from Exhibit "B" shall not be a waiver oftbe obligation of Owner to pay such additional fees
and charges.
E. Pursuant to City Ordinance No. 3120 ("Ord. No. 3120"). the City has the authority to defer Fees for 12 months from the permit
issuance with an option to extend for an additional 12 months. at the sole discretion of the City Manager or hislher designee, or
until the call for final inspection for residential development or issuance of certificate of occupancy far nan-r~sidential
development, whichever is earlier.
F. The City has found that the Fees are not immediately needed for public improvements required to serve the Project; deferral of
collection of Fees would encourage development vital to the City; payment of Fees is adequately secured through this
Agreement and the City's right to withhold final inspection or certificate of occupancy until Fees are paid; and the deferral of
Fees for the Project would not jeopardize the public health. safety, and wdfare.
G. Ord. No. 3120 requires Owner to ~xecute a contract with the City, prior to the issuance of building permits, in o~der to defer the
payment of the Fees.
H. City and Owner desire to enter into this Agreement deferring payment of the Fees for 12 months from the permit issuance with
an option to extend for an additional 12 months. at tlJ.e sole discretion of the City Manager or hiS/ber designee. or until the call
for final inspection for residential development or issuance of certificate of occupancy for non-residential development,
whichever is earlier, pursuant to all the terms and conditions of this Agreement.
NOW, THEREFORE. THE PARTIES AGREE AS FOLLOWS:
1. Owner agrees and acknowledges that it is obligated to pay all Fees in type and amount identified in Exhibit "B" and such Fees
are due and payable upon issuance of building permits and by executing this Agreement WA1VES AND RELEASES the City
from any and aU claims arising out of or related ta tbis Agreement, including the amount and type of Fees identified in Exhibit
"S", Owner's waiver and release of the City shall exclude any and all claims arising out of or related to the City's breach of this
Agreement
2. City agrees to defer the payment of the Fees for 12 months from the permit issuance with an option to extend for an additional
12 months, at the sole discretion of the City Manager or hislber designee, or until the call for final inspection for residential
development or issuance of certificate of occupancy for non-residential development,. whichever is earlier ("Deferral Period").
3. Interest shall accrue :u the California State Local Agency Investment Fund (LAlF) Apportionment Rate in effect on the date of
the execution of this Agreement through the end of the Deferral Period until paid ("Accrued Interest").
2-73
4. Ovro.er on behalf of itself and its successors in interest,. whether by inheritance, gift, bequest, devise, sale, conveyance,
assignment. or other method oftranSf~ng title or acquiring interest in or to any part of the Project or Property (USuccessorsj.
agrees to pay the Fees and Accrued Interest with a certified check prior to or concurrent with the date on which the Deferral
Period ends.
5. Owner agrees that if it fuils to pay the Fees and Accrued Interest in full prior lhe end of the Deferral Period, City shall withhold
the final inspection or issuance of certificate of occupancy, as applicable, until payment of Fees and Accrued Interest is made in
full.
6. All other rights afthe: parries shall remain unchanged, as if the Fees were paid at the time of permit issuance. Without limiting
the foregoing, the Fees payable shall be those in eiTect at the time of execution of the Agreement as set forth on Exhibit "Bn.
7. This Agreement shaIl be recorded by the City in the Official Records of the County of San Diego, Office of the County Recorder
and shall constitute a lien for the Fees and Accrued Interest binding upon and running with the Property. If the Owner sells or
transfers the Property or any portion of the Property in any manner, Property shall not be released from any of the obligations,
covenants, or conditions under this Agreement relating to the Property or portion of the Property or Project being acquired.
8. The burden of this Agreement shall be released from the title to the Property upon the payment of Fees and Accrued Interest.
Within ten (10) business days following the payment of the Fees and Accrued Interest, the City shall execute a '"Release of Lien"
(Exhibit "C'), which shall be in standard form, approved by the City Attorney, releasing the burden of this Agreement from the
title to the Property. Failure of the City to execute the Release of Lien within ten (10) business days of payment of the Fees and
Accmed Interest shall not be deemed a breach of this Agreement, provided City makes its best efforts to execute the Release of
Lien within a reasonable time thereafter.
9. The Owner agrees and is obligated to pay all costs associated with the recording oftbe Agr~ement and Release ofLi~n.
10. Each signatory to this Agreement represents, warr.mts, and certifles that he/she has the authority to enter into this Agreement on
behalf of the Owner, the agencies/companies/trusts, respective officers, directors, and/or trustees they represent (collectively
"Applicants") and that this Agreement shall be binding upon and constitute an obligation of the Applicants.
IN \VITNESS WHEREOF. this Agreement is executed by the CITY OF CHT.JLA VISTA acting by and through it's Mayor or
designated and authorized representative thereto, and by the Owner/Applicant
''Owner/ Applicam
Date:
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Date:
THE CITY OF CHULA VISTA,
A California municipal corpora.tion
By
Is
Approved as to form and legali ty this
_ day of
,20
Bart Miesfeld, City Attorney
By:
Deputy City Attorney
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City of Chula Vista
Exhibit "A"
Property Description (Legal Description)
LOTS 1,2 AND 5 OF CHULA VISTA TRACT NO. 92-024, ROLLING HILLS RANCH
SUBAREA III, NEIGHBORHOOD 10A, IN THE CITY OF CHULA VISTA, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15024,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
JUNE 1, 2005
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Payment Schedule
Palma Models (BR08-0073 thru BR08-0075)
Account
1465
1600
1700
3000
3100
4000
4100
4200
4300
4400
4500
4600
5010
Description
Canst & Demo Deposit
Sewer Administrative Fee
Sewer Capacity Fee (18.4)
Traffic Signal Fee (18.2)
Res Construction Tax (18.3)
DIF Transportation
DIFPublic Fac Admin
DIF Civic Ctr
OfF Police
DIF Corp Yard
DIF Library
DIF Fire
DIF Recreation
EXHIBIT B
2.54%
Balance of
Deferred Fees
Interest*
Balance Due @
Final Inspection
$ 6,767.73 $ 171.90 $ 6,939.63
$ 135.00 $ 3.43 $ 138.43
$ 10,434.00 $ 265.02 $ 10,699.02
$ 61.50 $ 1.56 $ 63.06
$ 2,125.00 $ 53.98 $ 2,178.98
$ 3,537.00 $ 89.84 $ 3,626.84
5 1,689.00 $ 42.90 $ 1,731.90
$ 7,374.00 $ 187.30 $ 7,561.30
$ 4,695.00 $ 119.25 $ 4,814.25
$ 1,263.00 $ 32.08 $ 1,295.08
$ 4,239.00 $ 107.67 $ 4,346.67
$ 3,729.00 $ 94.72 $ 3,823.72
$ 3,216.00 $ 81.69 $ 3,297.69
$
49,265.23 $
50,516.57
1,251.34 $
Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending
12/31/08 Apportionment Rate
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City of Chula Vista
Exhibit "e"
Recorded at the request of:
When recorded, mail to:
TERMINATION OF DEVELOPMENT IMPACT FEE PLAN PROGRAM AGREEMENT
NOTICE IS HEREBY GIVEN that the Development Impact Fees due under Condition
of the Agreement between
and the City of Chula Vista, Document No.
the County Recorder of San Diego County on
, for the payment of Development Impact Fees as recorded In the Office of
, Document No. , have been fully satisfied as pertaining to:
COUNTY ASSESSOR'S PARCEL NO.
UNIT(s) LOT(s)
Dated:
OR MAP
City of Chula Vista
By:
. State of C'alifomia
County of San Diego
On
, personally appeared
, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) acted, executed the instrument.
before me,
WITNESS my hand and official seal
Notary Public in and for said County and State
(Seal) .
2-77
CAUIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~€<'~~__~~~~~~~.&o0?__~~~__~~__.G<'~.G<;'.a:'';<;;<
State of California }
County of S/?/v b/E V;D .
On J"l?J9JfL)) t20()7before~, ..J;; HA/IiJ.)1 .LSIltSvJJ(, /ril-/9-Ay?~l'c
Date ,-;) Here Insert Name and Title of the Officer
personally appeared rc19 h-L & y/ j) ~ j/ ~
Name{s) at Signer{s)
~~~--~-~--f
. JO ANNA EWSON
. - Commission # 1640602
~ Notary Pub<<c . Call1amlc ~
) San Diego Counly f
" ~ " ~y,:-~m:.:x~es~~2~2~O
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
who proved to me on the basis of satisfactory evidence to
be the person'(s) whose name~~subscribed to the
within instrument and acknowledged. to me that
~t~ executed the same in@lT&/tfi'eif authorized
capacity~, and that b~Ih'mlthoo signature~ on the
instrument the personCs)., or the entity upon behalf of
which the person(\{ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
..
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: .7i?u/ LJ,q0b /;'yc
o Individual ';-;'
~ Corporate Officer - Title(s): V r '
o Partner - 0 Limited 0 Ge.neral
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Signer Is Representing:
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
~~~;~~
Tap of thumb r,ere
Signer Is Representing:
~~~~~~""~~~~~~~~~~~~~~~~~~~~~~y;.~~~~~~~~~~~~~~~~
102007 National Notary Association. 9350 De Sato Ave., Po. Box 2402. Chatsworth, CA 91313-2402. WVffl.NationaINotary.org Item #5907 Reorder: Call ToO-Free 1-800-876-6827
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