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HomeMy WebLinkAboutReso 2009-047RESOLUTION NO. 2009-047 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM 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; 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 Ciry 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. 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. Resolution No. 2009-047 Page 2 Presented by Richai A. ans Public Works Director Approved as to form by Bart . Miesfeld '~~ City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of Mazch 2009 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None V Cheryl Cox ayo ATTEST: t.GcA ~0 Donna R. Norris, 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 Resolution No. 2009-047 was duly passed, approved, and adopted by the City Council at a regulaz meeting of the Chula Vista City Council held on the 17th day of March 2009. Executed this 17th day of Mazch 2009. ~ p Donna R. Norris, CMC, City Clerk