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Home My WebLink About2009/05/12 Item 4 CITY COUNCIL AGENDA STATEMENT ~\~ CITY OF ~ CHULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: 5/12/09, Item~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("AGREEMENT") WITH MCMILLIN TERRACOTT A LLC FOR TERRACOTT A PHASE 5 AND 6, 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 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("AGREEMENT") WITH OTAY RANCH VILLAGE II-PC-13, LLC FOR THE VILLAS DE A VILA MODEL HOME UNITS AND CASITA DE AVILA MODEL HOME 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 CO~. OF SAN DIEGO DIRECTOR OF PUBLIC WORKS ~ DIRECTOR OF D~V PMENT SERVICES/DEPUTY CITY MANAGE~ CITY MANAGER ASSIST ANT CITY ANAGER 4/5THS VOTE: YES 0 NO I2S] 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 Council and became effective on February 6, 2009. City Council has previously approved several payment plan agreements pursuant to the Ordinance on March 17,2009. ENVIRONMENT AL 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 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. 4-1 5/12/09, Item---1- Page 2 of 4 RECOMMENDATION 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. Several agreements have already been entered into by Council approval on March 17, 2009 with Resolution Nos. 2009-047 thru 2009-049. Approval of Agreements McllIil/ill Terracotta, LLe - This resolution would approve an agreement with McMillin Homes for Terracotta Phase 5 and 6. In Phase 5, McMillin Homes proposes to develop 12 residential units named the McMillin Terracotta Phase 5 project in Otay Ranch Village 7 (McMillin Lomas Verdes). The project is located at Lots 53-58 and 91-96 ofOtay Ranch Village 7, Neighborhood R-5, and Final Map Number 15107. In Phase 6, McMillin Homes proposes to develop 14 residential units named the McMillin Terracotta Phase 6 project in Otay Ranch Village 7 (McMillin Lomas Verdes). The project is located at Lots 15-28 of Otay Ranch Village 7, Neighborhood R-S, and Final Map Number 15107. McMillin Terracotta, LLC, owns the property for Phase 5 and 6 and agrees that they are responsible for all of the development impact fees owed for the project. McMillin 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 both projects and included in the agreement. Terracotta Phase 5 Terracotta Phase 6 TOTAL $131,043.59 $152,909.11 $283,952.70 $24,642.11 $28,774.05 $53,416.16 $106,401.48 $124,135.06 $230,536.54 4-2 5/12/09, Item~ Page 3 of 4 Otay Ranch Village II-PC-13, LLC - This resolution would approve an agreement with Otay Ranch Village II-PC-l3, LLC for their Villas de Avila Model Units and Casita de Avila Model Units. In their Villas de Avila Model Units, Otay Ranch Village II-PC-l3, LLC proposes to develop four (4) residential units named Villas de Avila. The project is located at Lot 1 ofOtay Ranch Village 2, Neighborhood R-l3 of Final Map Number 15717. For Casita de Avila, Otay Ranch Village II-PC-l3, LLC is proposing to develop 3 residential units named the Casita de Avila project. The project is located at Lot 1 of Otay Ranch Village 2, Neighborhood R-l3 of Final Map Number 15717. Otay Ranch Village II-PC-l3, LLC owns the property for Villas de Avila Model Units and the Casita de Avila Model Units and agrees that they are responsible for all of the development impact fees owed for the projects. Otay Ranch Village II-PC-l3, LLC 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 projects and included in the agreement. Villas de Avila Models Casita de Avila Models TOTAL $99,672.62 $80,088.86 $179,761.48 $12,219.26 $11,411.09 $23,630.35 $87,453.36 $68,677.77 $156,131.13 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. 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 of the properties, which are the subject of this action. 4-3 5/12/09,Itern~ Page 4 of 4 CURRENT FISCAL IMP ACT 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 $77 ,046.51 in processing fees will lower the projected shortfall. Applicants will reimburse the City for all costs incurred in the preparation, 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. ONGOING FISCAL IMPACT The balance to be paid at the call for final inspection may be expected to be collected for future fiscal years. SUMMARY Terracotta Phase 5 Terracotta Phase 6 Villas de Avila Models Casita de Avila Models TOTAL $131,043.59 $152,909.11 $99,672.62 $80,088.86 $463,714.18 $24,642.11 $28,774.05 $12,219.26 $11,411.09 $77,046.51 $106,401.48 $124,135.06 $87,453.36 $68,677. 77 $386,667.67 Approval of individual project payment plan agreements will result in extended payment of processing and development fees. Interest earnings are estimated at $9,821.37. A TT ACHMENTS 1. Ordinance 3120 Prepared by. lracsema Qllilantan. Assistant Director of Engineering, Public Works Department M. IEngineerIAGENDAICAS2009\05-12-09\Payment Plan Agreements McMillin-Pacific Coast Commllnitites.doc 4-4 ORDINANCE NO. 3120 ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING THE DEVELOPMENT AND PROCESSING INWACTFEE PAYMENT PLAN PROGRAM 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 Otay Ranch 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 4-5 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 WTDIF 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 of time. 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 nonresidential 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. 4-fi 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 affordability 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 aJl environmentaJ 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 4-7 Ordinance No. 3120 Page 4 (i) and the Pedestrian Bridge Development lmpact Fee Program for Otay Ranch Village 11 established on February 18,2003, pursuant to Ordinance No. 2898. Section 5. Establishment of the Development lmpact 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 lmpact Fee Payment Plan Program shall apply only to Approved Residential Development Projects and Approved Development Projects as defined 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 Residential Development Project or an Approved Development Project subject to this Ordinance unless the Applicant has paid this 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 Building, 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 owner 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. 4 - 8----- -- 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.cshall 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 final passage and shall expire on December 31,2010, and as of that date, is repealed. Presented by Approved as to form by ~~. Richard A. Hop s Engineering Director 4-9 Ordinance No.3] 20 Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula 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 Ch~I~f:t ATIEST: A/~ r<,~}u'A 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 Ordinance 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~~ Donna R. Norris, eMC, City Clerk 4-10 RESOLUTION NO. 2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMP ACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("AGREEMENT") WITH MCMILLIN TERRACOTTA, LLC FOR TERRACOTTA PHASES 5 AND 6, 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 Ordinance No. 3120 establishing the Development Processing and Impact Fee Payment Plan, which became effective on February 6, 2009; and WHEREAS, in Phase 5, McMillin Homes proposes to develop 12 residential units named the McMillin Terracotta Phase 5 project in Otay Ranch Village 7 (McMillin Lomas Verdes); and WHEREAS, in Phase 6, McMillin Homes proposes to develop 14 residential units named the McMillin Terracotta Phase 6 project in Otay Ranch Village 7 (McMillin Lomas Verdes); and WHEREAS, McMillin Terracotta, LLC, owns the property for Phase 5 and 6 ("Property") and agrees that they are responsible for all of the development impact fees owed for the project; and WHEREAS, McMillin 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: 1. Approves the Development Impact Fee Payment Plan Program Agreement with McMillin Teracotta, LLC for Terracotta phases 5 and 6. 2. Authorizes the City Manager to execute the Agreement on behalf of the City. 4-11 3. Directs the City Clerk to record a lien and the Agreement with the County of San Diego Recorder. Presented by Richard A. Hopkins Director of Public Works 4-12 RESOLUTION NO. 2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("AGREEMENT") WITH OTAY RANCH VILLAGE II-PC-13, LLC FOR THE VILLAS DE A VILA MODEL HOME UNITS AND CASITA DE A VILA MODEL HOME 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, 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 Ordinance No. 3120 establishing the Development Processing and Impact Fee Payment Plan, which became effective on February 6, 2009; and WHEREAS, the Villas de Avila Models, Otay Ranch Village II-PC-13, LLC proposes to develop 4 residential units named the Villas de Avila project in Otay Ranch Village 2, Neighborhood R-13; and WHEREAS, the Casita de Avila Models, Otay Ranch Village II-PC-13, LLC proposes to develop 3 residential units named the Casita de Avila project in Otay Ranch Village 2, Neighborhood R-13; and WHEREAS, Otay Ranch Village II-PC-13, LLC owns the property for the Villas de Avila and Casita de Avila Model Home Units ("Properties") and agrees that they are responsible for all ofthe development impact fees owed for the project; and WHEREAS, Otay Ranch Village II-PC-13, LLC 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 Agreements and placing a lien on the Properties, 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: 4-13 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: 1. Approves the Development Impact Fee Payment Plan Program Agreements with Otay Ranch Village II-PC-13, LLC for the Villas de Avila Model and Casita de Avila Model Home Units. 2. Authorizes the City Manager to execute the Agreements on behalf of the City. 3. Directs the City Clerk to record a lien and the Agreements with the County of San Diego Recorder. Richard A. Hopkins Director of Public Works Presented by 4-14 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY T CITY COUN IL.. Dated :; ho /Cf3 . I I Lien and Development Impact Fee Payment Plan Program Agreement Between McMillin Terracotta, LLC, and the City of Chula Vista For Terracotta Phase 5 4-15 THE ATTACHED AGREBviENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY T CITY COUN 1L . / Dated if ho /01 I / Lien and Development Impact Fee Payment Plan Program Agreement Between McMillin Terracotta, LLC, and the City of Chula Vista For Terracotta Phase 5 4-16 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL 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's Use Only LIEN AND DEVELOPMENT IMP ACT 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 McMillin Terracotta LLC ("Owner"), and the CITY OF CHULA VISTA, a California municipal corporation and chatter 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 Calif ami a, more particularly described on Exhibit "A" attached ("Property"). B. On August 23 20QL the Cilv Council of the City approved Resolution # 2005-280 Lots 53-58 and 91-96 of Olav Ranch Villaee 7 Neil!hborhood R-5 afFinal Man Number 15107 also known as Terracotta Phase 5 (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 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. 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 oithe 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 far the Proje~t would notjeapardize 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 oithe 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 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. O\VIler 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 AlVES 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 his/her designee, or until the caU 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 afthis 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"), 4-17 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 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 th~ 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. 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 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 he 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 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 on behalf of the Owner, the agencies/companies/trusts, respective officers, directors, and/or trustees they represent (collectively "Applicants") and that this Agreement shalI 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. "Ownerl Applicant Date: By D ~ (t0cJ'^-r0" 5'. V" P. Its 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 4-18 City of Chula Vista STATE OF CALIFORNIA ) ss. COUNTY OF SAN DIEGO 0" 4!d-l! Cf1 o.fure m, =L;"~~__"~"~. personally appeared _~"\l t q_ en 1JvJo Ltc.. ~ personally known tome -or- . D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/..,e-subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/~ authorized capaclty(~ and that by hls/b&fltheilo signature(s) on the Instrument, the person~ or the entity upon behalf of which the person(s1-acted, executed the Instrument. WITNESS my hand and official seal ~~ "u,,,,~u:1 JAMIE L. ESTRADA '. Commt&lllon# 1 753163 . i Notory Public . ColIfornla I z Ian DIogO County . ~. _..._~~~~~~J ~lJ~~ Capacity claimed by signer: (This section is OPTIONAL) D Individual D Corporate Officer(s): D Partner(s): D D Subscribing Witness D Attorney-in-fact D Trustee(s) D Guardian/ConseNator D Other: Signer Is representing: General D Urn ited (name of person{s) or entity(les)) 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 4-19 City of Chula Vista Exhibit "A" Property Description (Legal Description) Lots 53-58 and 91-96 inclusive of Chula Vista Tract NO. 05-07 McMillin Otay Ranch Village 7, R-5, in the City of Chula Vista, County of San Diego, State of California according to the Map thereof NO. 15107, filed in the Office of the County Recorder of San Diego County. 4-20 EXHIBIT B Payment Schedule Terracotta Phase 5 (BR07-0546 thru BR07-05S7) Account 1600 1700 3000 3100 4000 4100 4200 4300 4400 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 Civic Ctr DIF Police DIF Corp Yard DIF Library DIF Fire DIF Recreation NPDES Fee Otay Ranch Res Deferred Fees Interest" Final Inspection $ 540.00 $ 13.72 $ 553.72 $ 41,736.00 $ 1,060.09 $ 42,796.09 $ 372.00 $ 9.45 $ 381.45 $ 6,150.00 $ 156.21 $ 6,306.21 $ 15,062.40 $ 382.58 $ 15,444.98 $ 6,756.00 $ 171.60 $ 6,927.60 $ 2,328.00 $ 59.13 $ 2,387.13 $ 816.00 $ 20.73 $ 836.73 $ 216.00 $ 5.49 $ 221.49 $ 2,844.00 $ 72.24 $ 2,916.24 $ 14,916.00 $ 378.87 $ 15,294.87 $ 12,864.00 $ 326.75 $ 13,190.75 $ 1,488.00 $ 37.80 $ 1,525.80 $ 313.08 $ 7.95 $ 321.03 $ 106,401.48 $ 2,702.60 $ 109,104.08 Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment Rate 4-21 City of Chula Vista Exhibit "e" Recorded at th'e 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 Development 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) 4-22 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 CI Y CO 9~~ art . Miesfeld City Attorney Dated; y /';)0 /09 I I Lien and Development Impact Fee Payment Plan Program Agreement Between McMillin Terracotta, LLC, and the City of Chula Vista For Terracotta Phase 6 4-23 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL 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'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 ---.J for reference only and executed on the date on which the last party signs, by and between McMillin Terracotta LLC ("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 Au.us< 23 20QL the City Council of the City approved Resolution # 2005-280 Lots 15-28 ofOtav Ranch Village 7 Neip'hborhood R-5 afFinal Man Number 15107 also known as Terracotta Phase 6 (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 penn its are more particularly described on Exhibit "B", attached: Other fees or charges related to the Project, but not induded 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 permit 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 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 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 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 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 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 ("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"), 4-24 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 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 shaH remain unchanged, as if the Fees were paid at the time of penn it 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 for the Fees and Accrued Interest binding upon and running with the Property. If the O'W'I1er 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 cfLien" (Exhibit "C"), which shalI 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 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 ofUen. 10. Each signatoI)' 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/companiesltrusts, 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 Owner/Applicant. "Ownerl Applicant Date: By b~lJQ"~ 'S.U P - Its Date: THE CITY OF CHULA VISTA, A California municipal corporation By Is Approved as to fonn and legality this _ day of .20 Bart Miesfeld, City Attorney By: Deputy City Attorney 4-25 City of Chula Vista STATE OF CALIFORNIA ) ss. COUNTY OF SAN DIEGO On y /-;;-/ J DC, I I Th\lLd , before me, J Cl.ffi LE:. L, (name, title of officer, e.g., Jane Doe, No ~r-Y:en "Vc.Jal L C- personally appeared 9\ personally known to me -or- o proved to me on the basis of satisfactory evidence to be the perso~hose nameksfis~subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/.I:lef/tl'reinluthorized capacit~nd that by hislher:t~,G;, 'S'ignature(s) on the instrument, the person(s1;-or the entity upon behalf of which the personj81"acted, executed the instrument. WITNESS my hand and official seal JAMIE L. ESTRADA Comml$lllon # 1753163 Notorv Public . Callfornta I Son Diego County ~ MvComm. Elcp!!GS.kJn25. 20U ~....-.......-""'_...-~ ~3~ 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 (nama of persan{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 4-26 City of Chula Vista Exhibit "A" Property Description (Legal Description) Lots 15-28 inclusive of Chula Vista Tract NO. 05-07 McMillin Otay Ranch Village 7, R-5, in the City of Chula Vista, County of San Diego, State of California according to the Map thereof NO. 15107, filed in the Office of the County Recorder of San Diego County. 4-27 EXHIBIT B Payment Schedule Terracotta Phase 6 (BR07-0558 thru BR07-0571) Account 1600 1700 3000 3100 4000 4100 4200 4300 4400 4500 4600 5010 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 Fac Admin DIF Civic Ctr DIF Police DIF Corp Yard DIF Library DIF Fire DIF Recreation NPDES Fee Otay Ranch Res $ 630.00 $ 16.00 $ 646.00 $ 48,692.00 $ 1,236.78 $ 49,928.78 $ 434.00 $ 11.02 $ 445.02 $ 7,175.00 $ 182.25 $ 7,357.25 $ 17,572.80 $ 446.35 $ 18,019.15 $ 7,882.00 $ 200.20 $ 8,082.20 $ 2,716.00 $ 68.99 $ 2,784.99 $ 952.00 $ 24.18 $ 976.18 $ 252.00 $ 6.40 $ 258.40 $ 3,318.00 $ 84.28 $ 3,402.28 $ 17,402.00 $ 442.01 $ 17,844.01 $ 15,008.00 $ 381.20 $ 15,389.20 $ 1,736.00 $ 44.09 $ 1,780.09 $ 365.26 $ 9.28 $ 374.54 Balance of Deferred Fees $ 124,135.06 $ 2.54% Interest" Balance Due @ Final Inspection 3,153.03 $ 127,288.09 Interest Rate at 2.54% CA State Local Agency Investment Fund (LAlF) Quarter Ending 12/31/08 Apportionment Rate 4-28 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 Development 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) 4-29 THE A TT ACHED AGREEMENT HAS BEEN REVIE WED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CIT CO CIL Dated 'I /W ~9 / r Lien and Development Impact Fee Payment Plan Program Agreement Between Otay Ranch Village II-PC-13, LLC, and the City ofChula Vista For Villas de Avila Model Units 4-30 RECORDING REQUESTED BY, Ac"lD WHEN RECORDED MAIL 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'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 Otav Ranch Village II-PC-n LLC ("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 Seotember 16 2022-. the City Council of the City approved Resolution # 2008-212 Lots loft Otav Ranch Village 2 Netghborhood R-13 of Final MaD Number 15717 also known as Casita de Avila Model Units (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 e'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", shalI still be due and payable to the City in accordance with the City MlU1icipaJ Code. Omission of such additional fees and charges from Exhibit "B" shall not be a waiver of the obligation of O'Mler 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 unti1 the cal1 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 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 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. 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 \V AIVES 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 C'Deterral Period"). 3. Interest shan accrue at 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"). 4. Owner on b'ehalf of itself and its successors in interest, whether by inheritance, gift. bequest, devise, sale, conveyance, assignment, or other method" of transferring titJe or acquiring interest in or to any part of the Project or Property ("'Successors"), 4-31 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 fmal 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 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 ofthe 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 [nterest, 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 Release of Lien within a reasonable time thereafter. 9. The Owner agrees::md is obligated to pay all costs associated with the recording of the Agreement and Release ofJ;..ien. 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 ofthe 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. Date: AI /30/ /})'7 "Owner! Applicant ~~" ~ e....~ !p/;JVV By fA~ (\-t'~~ LA- Its 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 4-32 City of Chula Vista Exhibit "A" Property Description (Legal Description) LOT 1 OF CHULA VISTA TRACT NO. 06-05, OTAY RANCH VILLAGE 2 AND PORTIONS OF VILLAGE 4, NEIGHBORHOOD R-13, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15717, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 2008. ' 4-33 EXHIBIT B Payment Schedule Casita de Avila Models (BR08-0031 to BR08-0033) Account 1600 1700 3000 3100 4000 4100 4200 4300 4400 4500 4600 5010 5120 5140 6000 8085 8086 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 Poggi Cyn Grav Sewer DIF NPDES Fee Otay Ranch Res Pedestrian Bridge Pedestrian Bridge 2 TOTALS Balance of Deferred Fees 2.54% I nte rest' Balance Due @ Final Inspection $ 135.00 $ 3.43 $ 138.43 $ 10,434.00 $ 265.02 $ 10,699.02 $ 892.50 $ 22.67 $ 915.17 $ 1,350.00 $ 34.29 $ 1,384.29 $ 27,162.00 $ 689.91 $ 27,851.91 $ 1,596.00 $ 40.54 $ 1,636.54 $ 6,984.00 $ 177.39 $ 7,161.39 $ 5,073.00 $ 128.85 $ 5,201.85 $ 1,014.00 $ 25.76 $ 1,039.76 $ 4,239.00 $ 107.67 $ 4,346.67 $ 2,682.00 $ 68.12 $ 2,750.12 $ 3,216.00 $ 81.69 $ 3,297.69 $ 900.00 $ 22.86 $ 922.86 $ 444.00 $ 11.28 $ 455.28 $ 78.27 $ 1.99 $ 80.26 $ 1,221.00 $ 31.01 $ 1,252.01 $ 1,257.00 $ 31.93 $ 1,288.93 $ 68,677.77 $ 1,744.42 $ 70,422.19 Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment Rate 4-34 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 Califomia 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 seal Notary Public in and for said County and State (Seal) 4-35 City of Chula Vista STATE OF CALIFORNIA ) ) 55. COUNTY OF SAN DIEGO ) On 3o""erfl;Jti( ~fore me, 1r~ personally appeared ,~-flAJiJ,y/ ""(~amT'J::1Offler, !!~fJ:te, f1:!zt~- ~, t3wfc/uJrn o pGf68Plz.II, hi luvvll lU .m~ "'\JI"--'" y. proved to me on the basis of satisfactory evidence to be the person\1l') whose name\1l') is/~ subscribed to the within instrument and acknowiedged to me that he/~:tl ,~y ,,-<ecuted the same in his/hef'itrTeir authorized capacity~, and that by his/~r slgnature~) on the instrument, the person~, or the entity upon behalf of which the perso~ acted, executed the instrument. WITNESS my hand and official seal """""'-.---'^'-^- TRUNG M. TRAN COMM. #1745372 m NOTARY PUBLIC-GALIFORNIA Q SAN DIEGO CouNTY := My Comm ExpfrellS MAY 15, 2011 ^- r (Si9~t:; cr 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: 7~r. o General o Signer is representing: (name af person(s) or entity(ies)) ation requested below is OPTIONAL. It could prevent fraudulent attachment of this certificate to THIS CERTIFICAT MUST BE ATTACHED 0 THE DOCUMENT ESCRIBED AT RIGHT Titie or Type of Document: Number of Pages: Date of Document: Signer(s) Other than Named above 4-36 THE A TT ACHED 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 C UNCIL a . lesfeld City Attorney Dated 1 /2,0/0'7 I I Lien and Development Impact Fee Payment Plan Program Agreement Between Otay Ranch Village II - PC-13, LLC, and the City of Chula Vista For Casitas de Avila Model Units 4-37 RECORDING REQUESTED BY. AND WHEN RECORDED /vIAlL 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 Reeorder's Use Only LIEN AND DEVELOPMENT IMP ACT FEE PAYMENT PLAN PROGRAM AGREEMENT THIS LIEN AND DEVELOPMENT IMP ACT FEE PAYMENT PLAN PROGRA,\1 AGREEMENT ("Agreement"), dated , 20--, for reference only and executed on the date on which the last party signs, by and between Otav Ranch Villa"e IT-PC-!3 LLC ("Owner"), and the CITY OF CHULA VISTA, a California municipal corporation and cbarter city ("C ityn) 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 Calif ami a, more particularly described on Exhibit "A" attached ("Property''). B On Seotember 16 20~ the Citv Council of the City approved Resolution # 2008-212 Lot I of Otav Ranch Villa"e 2 Nei2hborhood R-13 afFinal MaD Number 15717 also known as Villas de Avila Model Units 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", 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 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 lssuance 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 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 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 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: andamount identified in Exhibit o'B" and such Fees are due and payable upon issuance of building permits and by executing this Agreement WANES Al'iD RELEASES the City from any and aU claims arising out afar 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 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 Ovroer 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 afthe Project or Property ("'Successors"), 4-38 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 shall remain unchanged, as tfthe Fees were paid at the time of penn it issuance: Without limiting the foregoing, the Fees payable shall be those in effect at the time of execution of the Agreement as set torth on Exhibit "8". 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 Agreement relating to the Property or portion of the Property or Project being acquired. g. The burden of this Agreement shall be released from the title to the Property upon the payment of Fees and Accrued Interest. Within ten (IO) 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 ofthe 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 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 WTINESS WHEREOF, this Agreement is executed by the CITY OF CHULA VISTA acting by and through it's Mayor or desigI?ated and authorized representative thereto, and by the Owner! Applicant. Date: l{ l3d tJ9 "Owner/Applicant l~6/~ ,. By <t-&/ei/t ({ (].A-Wr.JI,"" P~IJ~ Its UI(L 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 4-39 City of Chula Vista Exhibit "A" Property Description (Legal Description) LOT 1 OF CHULA VISTA TRACT NO. 06-05, OTA Y RANCH VILLAGE 2 AND PORTIONS OF VILLAGE 4, NEIGHBORHOOD R-13, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15717, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 2008. 4-40 EXHIBIT B Payment Schedule Villas de Avila Models (BR08-0028 to BR08-0029) Account 1600 1700 3000 3100 4000 4100 4200 4300 4400 4500 4600 5010 5120 5140 6000 8085 8086 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 Poggi Cyn Grav Sewer DIF NPDES Fee Otay Ranch Res Pedestrian Bridge Pedestrian Bridge 2 TOTALS Balance of Deferred Fees 2.54% Interest" Balance Due @ Final Inspection $ 90.00 $ 2.29 $ 92.29 $ 10,434.00 $ 265.02 $ 10,699.02 $ 952.00 $ 24.18 $ 976.18 $ 1,725.00 $ 43.82 $ 1,768.82 $ 36,216.00 $ 919.89 $ 37,135.89 $ 2,128.00 $ 54.05 $ 2,182.05 $ 9,312.00 $ 236.52 $ 9,548.52 $ 6,764.00 $ 171.81 $ 6,935.81 $ 1,352.00 $ 34.34 $ 1,386.34 $ 5,652.00 $ 143.56 $ 5,795.56 $ 3,576.00 $ 90.83 $ 3,666.83 $ 4,288.00 $ 108.92 $ 4,396.92 $ 1,200.00 $ 30.48 $ 1,230.48 $ 356.00 $ 9.04 $ 365.04 $ 104.36 $ 2.65 $ 1 07.01 $ 1,628.00 $ 41.35 $ 1,669.35 $ 1,676.00 $ 42.57 $ 1,718.57 4-41 2,221.32 $ 89,674.68 $ 87,453.36 $ Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment Rate 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 officiai seal Notary Public in and for said County and State (Seal) 4-42 City of Chula Vista STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) !Zhkc. ne Doe, Notary Public) personally appeared c. o per~g"'all) lEl"l6n" tv 111<.;0 -or- ~ proved to me on the basis of satisfactory evidence to be the person(;;1 whose name(i1is/a1'e subscribed to the within instrument and acknowiedged to me that he/~ executed the same in his/herttTrnTr authorized capacity(~), and that by his/hefIlAeir signature(Bj on the instrument, the person~, or the entity upon behalf of which the person(;l? acted, executed the instrument. WITNESS my hand and official seal "",,---.-.--.-t TRUNG M. TRAN aI COMM. #1745372 0 NOTARY PUBUC-CAUFORNIA )> SAN OIEGO COUNTY .... My Comm. Expires MAY 15. 2011 ZJ?--p-- (Signature of Notary) 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: iT- Capacity claimed by signer: General o (name of person{s) or entity(ies)) Attention Notary: Althou the information requested below is OPTiONAL, it could prevent fraudulent attachment of this certificate to an unauthorized docu ent THIS CERT ICATE MUST BE ATTA HED TO THE DOCUMENT DESCRIBED AT RIGHT Title or Type of Document: Number of Pages: Date of Document: Signer(s) Other than Named above 4-43 . -~