HomeMy WebLinkAbout2009/06/23 Item 5
CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
6/23/09, Item~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE DEVELOPMENT IMPACT FEE PAYMENT
PLA1~ PROGRAc\1 AGREE!vlliNTS ("AGREEMENTS") WITH SHEA
HOMES, L.P. FOR TAPESTRY AT OTAY RANCH PHASE 4 AND
ESTRELLA AT SAN MIGUEL RAc~CH PHASE 4, AUTHORIZING THE
CITY MANAGER TO EXECUTE THE AGREEMENTS ON BEHALF OF
THE CITY, A1~D DIRECTING THE CITY CLERK TO RECORD A LIENS
AND THE AGREEMENTS WITH THE COUNTY RECORDER OF THE
COUNTY OF SA1~ DIEGO
DIRECTOR OF DEVELOPMENT SERVICESIDEPUTY CITY !vL^u~AGER~
CITY MANAGER ~
ASSISTANT CITY/~NAGER S-j'
4/STHS VOTE: YES D NO [gJ
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 ex1ended 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.
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 15060(c)(3) of the State CEQA Guidelines the activity is not
subject to CEQA.
RECOMMENDATION
Council adopt the resolution. .
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
5-1
6/23/09, Item~
Page 2 of 3
DISCUSSION
As a result of the current dov,nturn 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
Shea Homes, L.P. - This resolution would approve an agreement with Shea Homes for Tapestry
at Otay Ranch Phase 4 and Estrella at San Miguel Ranch.
In Tapestry at Otay Ranch, Shea Homes proposes to develop 10 condominium units in Otay
Ranch Village 7 Neighborhoods R6 and R7. The project is located east of Wolf Canyon Loop
and south of Bob Pletcher Way and is Lots 8 and 9 of of Final Map Number 15014.
In Estrella at San Miguel Ranch, Shea Homes proposes to develop 7 residential units in San
Miguel Ranch Neighborhood J-2. The project is located northeast of Proctor Valley Road as
shown on Final Map Number 15259.
Shea Homes, L.P., owns both Tapestry at Otay Ranch Phase 4 and Estrella at San Miguel Ranch
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 both projects and included in the agreement.
Tapestry at Otay Ranch
Estrella at San Miguel Ranch Phase 4
TOTAL
$110,305.24
$125,549.21
$235,854.45
$21,157.34
$58,939.21
$80,096.55
$89,147.90
$68,301.89
$157,449.79
Interest on Deferred Fees
Applicants will not be required to submit an administrative fee to cover the cost of administerina
'"
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
5-2
6/23/09, Item c:;
Page 3 of 3
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 of the boundaries of the properties, which are the subject of this action.
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 $80,096.55 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 and approval of individual project payment plan agreements will result in extended
payment of processing and development fees. Interest earnings are estimated at $3,956.25.
A TT ACHl\1ENTS
I. Fee Tables
Prepared by: Chester Bautista, Associate Civil Engineer, Development Services Department
H:IENGINEERl4GENDAICAS2009106-23-09IDevelopment ServiceslPayment Plan Agreements Shea Homes. doc
5-3
Attachment 1
Lien and Development Impact Fee Payment Plan Program Agreement
Estrella Phase 4 (BR09-0026 to BR09-0032)
Account
1600
1700
3000
3100
4000
4100
4500
4600
5010
5140
Description
Sewer Administrative Fee
Sewer Capacity Fee (18.4)
Traffic Signal Fee (18.2)
Res Construction Tax (18.3)
OIF Transportation
01 F Public Fac Admin
01 F Library
OIFFire
DIF Recreation
NPDES Fee
TOTALS
Balance of
Deferred Fees
2.54%
Interest"
Balance Due @
Final Inspection
S 315.00 S 8.00 $ 323.00
$ 24,346.00 $ 618.39 $ 24,964.39
$ 2,082.50 $ 52.90 $ 2,135.40
$ 3,750.00 $ 95.25 S 3,845.25
$ 10,979.50 $ 278.88 S 11,258.38
$ 3,941.00 $ 100.10 $ 4,041.10
$ 3,619.00 $ 91.92 $ 3,710.92
S 8,701.00 S 221.01 $ 8,922.01
$ 7,504.00 $ 190.60 $ 7,694.60
$ 1,372.00 $ 34.85 S 1,406.85
$ 66,610.00 $
1,691_89 $
68,301.89
. Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending
12/31/08 Apportionment Rate
5-4
Attachment 1
Lien and Development Impact Fee Payment Plan Program Agreement
Tapestry Phase 4 (BR09-0016 to BR09-0025)
Account
1600
1700
3000
3100
4000
4100
4500
4600
5010
5140
6000
Description
Sewer Administrative Fee
Sewer Capacity Fee (18.4)
TraHic Signal Fee (18.2)
Res Construction Tax (18.3)
DIF Transportation
DIF Public Fac Admin
01 F Library
DIF Fire
DIF Recreation
NPDES Fee
Otay Ranch Res
TOTALS
2.54%
Balance of
Deferred Fees
Interest"
Balance Due @
Final Inspection
$ 450.00 $ 11.43 $ 461.43
$ 34,780.00 S 883.41 $ 35,663.41
$ 843.00 $ 21.41 $ 864.41
$ 5,000.00 $ 127.00 $ 5,127.00
$ 12,552.00 $ 318.82 $ 12,870.82
$ 5,630.00 $ 143.00 $ 5,773.00
$ 5,170.00 $ 131.32 $ 5,301.32
S 12,430.00 $ 315.72 $ 12,745.72
$ 10,720.00 $ 272.29 $ 10,992.29
$ 1,31200 $ 33.32 $ 1,34532
$ 260.90 $ 6.63 S 267.53
$ 89,147.90 $
2,264.36 $
91,412.26
Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending
12/31/08 Apportionment Rate
5-5
RESOLUTION NO. 2009
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE DEVELOPMENT
IMPACT FEE PA YMENT PLAt'\! PROGRAM
AGREEMENTS ("AGREEMENTS") WITH SHEA HOMES,
L.P. FOR TAPESTRY AT OTAY RA.l\ICH PHASE 4 AND
ESTRELLA AT SAN MIGUEL RANCH PHASE 4,
AUTHORIZING THE CITY MANAGER TO EXECUTE
THE AGREEMENTS ON BEHALF OF THE CITY, AND
DIRECTING THE CITY CLERK TO RECORD A LIENS
At'\ID THE AGREEMENTS 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 Tapestry at Otay Ranch Phase 4, Shea Homes proposes to develop 10
condominium units in Otay Ranch Village 7 Neighborhoods R6 and R7; and
WHEREAS, in Estrella at San Miguel Ranch Phase 4, Shea Homes proposes to develop 7
residential units in San Miguel Ranch; and
WHEREAS, Shea Homes, L.P. owns the both properties for Tapestry at Otay Ranch
Phase 4 and Estrella at San Miguel Ranch Phase 4 ("Property") and 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:
5-6
1. Approves the Development Impact Fee Payment Plan Program Agreements with Shea
Homes, L.P. for Tapestry at Otay Ranch Phase 4 and Estrella at San Miguel Ranch
Phase 4.
2. Authorizes the City Manager to execute the Agreements on behalf of the City.
3. Directs the City Clerk to record the liens and the Agreements with the County of San
Diego Recorder.
Presented by
Gary Halburt
Director of Development Services
C. MiesD ld
City Attorney
5-7.
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORt'ffiY'S OFFICE Ai'ID WILL BE
FORt\l1ALL Y SIGNED UPON AFPROV AL BY
T CITY COUNCIL
i d
} ~ /
uv{;U)1
Bart C. Miesfeld
City Attorney
Dated:
(; 17 jO)
I I
5-8
RECORDrNG REQUESTED BY, AND WHEN
RECORDED ~l.1JL TO:
CITY OF CHULA VISTA
Attn:
No transfer tax is due as this is a conveyance to a
public agency ofless dUI1 a fee interest for whidl
no cash consideration has been paid or received
For Recorder's Use Only
LIEN At'ID DEVELOPMENT IMPACT FEE PAYNIENT
PLAt'f PROGRAM AGREEMENT
THIS LIEN AND DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("Agreement"), dated
20-, for reference oniy and ex.ecuted on the date on which the last party signs,
by and between SHEA HOMES LINIITED P.-\R.TNERSHJP a California L1~nTED ?ARnIERSHIP ("Owner"), md the CITY
OF' CHULA VISTA, a California municipal corponlIion 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, Stite of Calitbmia, more
particularly described on Exhibit "A" attached ("Property").
B. On Mar::h 8, 2005, the City Council of the City approved the Resolution No. 2005-074, Lot 8 and 9 afFinal Map No. 15014 also
known as Taoestrv at Omv Ranch VillalZe 7 Lomas Verdes rNeiahborhoods R61R7) Phase 4 (the "Project").
C. Owner has applied far a building permit(s) far the Project
D. Upon t.ie issuance of building permits, certain fees are due <md payable pursuant to City's y{unicipal Code, non-codified
ordinances related to lood development, and California 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 E:wibit "8", shaJl still be due and payable to d1e City in J.ccordance with the City Municipal Code. Omission of
such additional fees and charges from Exhibit "8" 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 hiSJher designee, or
until the call for final inspecticn for residential development or issUU1ce 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 \i::ve!opment 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 net jeopardize the public healt.1. safety, and welfare.
G. Ord. No. 3120 requires Owner to execute a contract wirb. the City, prior to the issuance of building permits, in order to defer the
payment of tile Fees.
H. City and Owner desire to enter irto this Agreement deferring payment of 'he Fees for 12 monLis from the penn it issuance with
an aption 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 isstance of cer.iticate 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 WAIVES AND RELEASES the City
from any and all claims arising out of or related t6 this Agreement, including the amount and type of Fees identified in Exhibit
"B". Owner's waiver and release of the cry shall I::xclude any:mi all claims arising out of or related to the City's breach of this
Agreement
2. City agrees to defer tie payment of he 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, whidJ.ever is earlier ("Deferral Period").
3. [nterest shall accrue at the California State Local Agency investment Fund (LAIF) ApportionmentRate 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 ;t;ccessors in interest, whether by inheritance, gift, bequest, devise, sale, conveyance,
assignment, or other methcd of transferring title or acquiring interest in or to any part of the Project or Property ("Suc~~ssors"),
5-9
agrees to pay the Fees and Accrued Interest with acertitied 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
th.e fmal inspection or issuance of certitiC:lte of occupancy, as applicable, until payment of Fees and Accrued Interest is made in
full.
6. All other rights oflhe parties shall remain unchanged, as if the Fees wen:: paid at the time of permit issuance. Without limiting
the foregoing, the Fees payable shall be hose 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 oflhe County of San Diego, Office oflhe County Recorder
and shall constirute a lien for the Fees and A.:crued Interest binding upon and running with the Property. If the Owner sells or
transfers the Property or any portion cfthe 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 ofne Property or Project being acquired.
8. The burden ofrhis Agreement shall be released from the title to rhe Property upon the payment of Fees and Accrued [nterest
Within ten (10) business days following the payment of the Fees and Accru:d Interest, the City shall execute a "Release of Lien"
(Exhibit "C"), which shall be in standard fonn, approved by the City Anomey, releasing the burden of this Agreement from the
title to the Property. Failure of the Oty to execute the Release of Lien within ten (to) business days of payment of the Fees and
Accrued [nterest 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. EJ.ch signatory to this Agreement represents, warrants, and certifies that helshe has the authority to enter into this Agreement on
behalf of the Owner, the agencies/companies/trusts, respective officers, directors, ami/or trustees they represent (collectively
"Applicants") and that this Agreement shall be binding upon and constirute an obligation of the Applicants.
IN" W1T'NESS WHEREOF, this Agreement is executed by the CITY OF CHULA VISTA acting by and through it's Mayor or
designar.ed and authorized representl1:ive thereto, !Il.d by the Owner/Applicoot
SHEA HOMES Ll:VUTED PARTNERSHlP,
A California limited parmership,
Date:
oc.,.\"Z..o"\.
By
~-~(
I~
Date:
''Tc.l.. ". ,>, i/., -:..(
THE CITY OF CHULA VISTA,
j f....J
A California municipal corporation
By
Is
Approved as to fonn ood legality this
_dayof
.20
Bart Miesfeld, City Attorney
By'
Deputy City Anomey
5-10
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT'
;"y<,'P::,,"'~'"'<"~,,""""'...""{:;,"";-!'i.';C'-FC"~")'P<':f;':<:..fy..--C<r':~"X;,.."'1'cC;':"'~~,,:,~"',:~C"'&'('X::,"":(:";..;-f.<!:.f'......~~":c:...'5.~..::.(':1f;C..t-c:~,i'{,.":€<'-''';(><i.'';('-k'C;Rf'.~''x.-,(""'V';cc-)f;i:"..c~'':~~~''J5..~)tf.<
State of California
}
County of (~Y1 -Vile)'':)
On, i0'f'f'. /2,7a"Pt before me,
Dale /
A IcX'
.~Yr'i h ,) 6ecYi'Y'(>Y1 VJn+r2 ~ Dul0\~G
" . Mero Insllrt Namo an,~ ,!ilIa b!;,~O" Oflk:lIr ' : _ I
L. -P\Ic,nr\pr- a..nJ ,InnV') l<,. Vcf\UL
Name0jJ11-S.lgnef{sl. '
personally appeared
r"-"~
~,~ SARAH J. BECKMAN
"< ~"~: CommlSSiO~ # 15~la62
~ ~~1? ~..:........~ Notary Public - California 2
J W~ Son Diego County t
h .; '_ ~y _Co~m.,:, EX.:'lr: J~l 1.:". 2~9
who proved to me on the basis of satisfactory evidence to
be the person@:lwhose name@) Is@ subscribed to the
within i' .!rument arid acknowledged to me that
he/she/' executed the same in his/her/their aythorized
capacity es , and that by his/her/tfr€ir)signature(s)lm the
instrumen the persontSh or the'mitity upon 'biihalf of
which the person@acYe'd, 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. .
Place NolarySealAcove
Signature
,
OPTIONAL
Though the info(m~'1ljo(} below is not required by J<1w, it may prove valuable to persons retying on the document
and could prevent fraudulent removal and reattachment of this farm to another document
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Slgner(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner -IJ Limited fJ General
o Attorney in Fact
o Trustee
[j Guardian or Conservator
c; Other:
Top of lhlJmb here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner-O Umited 0 General
o Attorney in Fact
OTrustee
o Guardian or Conservator
o Other:
Top aftl"lumb here
Signer Is Representing:
Signer Is Representing:
~:;;.o;;".;;,1y~".rv.~""~;"'~~,'~'P',~"',;,<;;,~,,,,,,,,;,,'~,~'Y"""-"""~"".-N-~.c.v.,,..,.~~<';.<V~~~,".,i:'\:-~~',......;.~..<,,,..:~~;.~y....y..",*-~~hV";'<;
Q2OQ7 NaliOf1ll1 Notary ~'lSQ('J>ltion' !)350 De Solo ..."n., P.O. Box 2407. 'ChlltswQr1h, CA 91:)1:J.2402 'IW!W.NaliQnalN(llary.org, Item JI5007 Reofl'.1er.C.)1I Totl-:Free l'8Go.-876-6827
5-11
LEGAL DESCRIPTION
EXHIBIT 'A'
LOTS 8 AND 9 OF CHULA VISTA TRACT NO. 05-07, McMILLIN OTA Y RAl~CH
VILLAGE 7, "A" MAP IN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15014,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
ivIA Y 6, 2005.
5-12
EXHIBIT B
lien and Development Impact Fee Payment Plan Program Agreement
Tapestrj Phase 4 (BR09-0016 to BR09.0025)
Account
1600
1700
3000
3100
4000
4100
4500
4600
5010
5140
6000
Description
Sewer Administrative Fee
Sewer Capacity Fee (18.4)
Traffic Signal Fee (18.2)
Res Construction Tax (18.3)"
OfF Transportation
DIF Public Fac Admin
DIF library
DIF Fira
DIF Recreation
NPDES Fee
Otay Ranch Res
TOTALS
Balance of
Deferred Fees
2.54%
Interest'
Balance Due @
Final Inspection
$ 450.00 $ 11.43 $ 461.43
$ 34,780.00 $ 883.41 $ 35,663.41
$ 843.00 $ 21.41 $ 864.41
S 5,000.00 $ 127.00 $ 5,127.00
$ 12,552.00 $ 318.82 $ 12,870.82
$ 5,630.00 $ 143.00 $ 5,773.00
$ 5,170.00 $ 131.32 $ 5,301.32
$ 12,430.00 $ 315.72 $ 12,745.72
$ 10,720.00 $ 272.29 $ 10,992.29
$ 1,312.00 $ 33.32 $ 1,345.32
$ 260.90 $ 6.63 $ 257.53
$ 89,147.90 $
2,264.36 $
91,412.26
Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending
12/31/08 Apportionment Rate
5-13
City of Chula Vista
Exhibit "e"
Recarded 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 Na.
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 Chu!a 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 ack:1cwtedged to me that he/she/they
executed the same in his/her/their autl10rized 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)
5-14
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
Ai"-iTI APPROVED AS TO FORt\1 BY THE CITY
ATTORt"\fEY'S OFFICE'A1'lD WILL BE
FORt\1ALL Y SIGNED UPON APPROVAL BY
CITY OUNC
Dated:
v I r/o;
/ I
5-15
RECORDING REQUESTED BY, .-\.'1D WHEN
RECORDED MAIL TO:
CITY OF CHULA VISTA
Attn:
No transfer ta.x is due as this is a conveyance to a
public agency of less th:n. a fee interest for which
no cash consideration has been paid Of received
For Recorder's Use Only
LIEN AND DEVELOP!.\'IENT uvIPACT FEE PAYMENT
PLAN PROGRAM AGREEMENT
THIS LIEN AND DEVELOPMENT 1:VIPACT FEE PA n-IENT PLAN PROGRA'I AGREEMENT ("Agreement"), dated
.20-----, for reterence only and executed en the date on which the last party signs,
by and between SHEA HOMES LIMITED PARTh'ERSHIP a California LI~aTED PARTNERSHIP ("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, Slate of Cali fomi a, more
particularly described on Exhibit "A" attached ("Property").
B. On .20-----, the City Council of the City approved Resolution No. 2000-026, Final Map No.
15259 also :mown as Estrella at San Miruel Ranch Phase 4 r,..[ei2:hborhood ].2) (the "Project").
C. Owner has applied for a building perrnit(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 hnd development, and California GovemmentCode 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 Projec~ but
not included in Exhibit "B", shall still be due and payable to lhe City in accordance with the City Municipal Code. Omission of
such additional fees and charges from Exhibit "8" shall not be a waiver of the 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 permit
issuance with an option to extend for an additional 1.2 months, at the sole discretion of the City Manager or his/her designee, or
until the call for final inspection for residential development or isswnce of certificaie 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 d:velopment 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 nctjeopardize the public health, safety, and welfare.
G. Ord. No. 3120 requires Owner to exea.Lte a contract with the City, prior to the issuance of building permits, in order to defer the
payment of me Fees.
H. City and Owner desire to enter irto this Agreement deferring payment ofne Fees for 12 months from the permit issuance with
an option to extcr1d for an additional t2 months, at the sole discretion of the City :Yfanager or hislher designee, or until the call
for final inspection for residential development or issUUlce 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 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 rele<5e of the CIty shall exclude any an:! all claims arising out of or related to me City's breach of this
Agreement
2. City agrees to defer the payment of he Fees for 12 months from the permit issuance with an option to extend for an additional
12 months, at the sole discretion ofi.he City Manager or hislher designee, or uruil the call for finallospeCtlon for residential
development or issuance of certificate of occupancy for non-residential development, whid1ever is earlier ("'Deferral ?eriod").
3 Interest shall aCCf'.le 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 behalf of itself ani its successors in interest, whether by inheritance, gift, bequest, devise, sale, convey.mce,
assignment, or other memo:! of transferring title or acquiring interest in or to my part of the Project or Property C'Suc~~ssors"),
5-16
agrees to pay the Fees and Accrued Interest with acertitied 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 afme 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 bose in effect at the time of execution of the Agreement as set forth on Exbibit "B"
7. This Agreement shall be recorded by the City in tIle Official Records of the County of San Diego, Office ofne 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 athe Property in any manner, Property shall not be released from any of the <:bligations,
covenants, or conditions under this Agreement relating to the Property or portion of the Property or Project"beingacquired.
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 Accned 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 aty to execute the Release of Lien within ten (IO) business days of payment of the Fees and
Accrued Interest shall oat be deemed a breach of this Agreement, provided City makes its best efforts to execute 'he 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 aftien.
10. Each signatory to this Agreement represents, warrants, and certifies that he/she has the authority to enter nto this Agreement on
behalfofthe 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.
rN W1TNESS VlHEREOF, this Agreement is executed by the CITY OF CHULA VISTA acting by and through it's Mayor or
designated and authorized representltive thereto, and by the Owner/Applic<l1t
SHEA HOMES U:VUTED PARTNERSHIP,
A California limited partnership,
Date: r<X", _, ~ - o"t
By
~
. /'
... /
- //. v
Its /..:'-" /"'!/ I
-::r-.;. ..Ii:; y-..; ~(
, A;-...-"'TKCJIU. ?;.,..::...!;::> ~........;-
r~
/L~t._ ",,;~j
Date:
THE CITY OF CHULA VISTA.
A California municipal corporation
By
Is
Approved as to form lDd legality this
_ day of
20
Bart Miesfeld, City Attorney
By:
Deputy City Attorney
5-17
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
,~~';(',F.<'~A.,w<'r:r.{'c",;q.€{,;''''''~~':::''~k"'"'7~A''K'"~:;-'{"'.-f''C-^''''Y~",,,~&'~~~.{~":o'>,:.~^-:~q.0::;,~~'.c:('^~~,,~t.-;?'i<-'...,;<~:v,;l:;'"7~":'f."~l';:<I',.;';<""~,((,""'~&,.tU'~~
State of California
}
County of ,<;;.-" VI Dr (3"
On Ion? 17 '7(Y)~befOreme, &"-c<...h
Oate~--
personally appeared
\..1 1S,,( k~aG' m+o.e:;
Hem Insart N:lmf!:m~ 1110 of e Ot/iC!lL ,
p~b\"G
Name(.':l) at Sigmu{s}
r--~----~---t
SARAH J. BECKMAN
@,...... '~', Commission # 1591862
~ . -51:1' ,.i, Notary Public. California ~
'" ~, ' 5an Diego County
... . : My Comm. expires Jull , 2009,
who 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 hislher/lheir signarure(s) on tl1e
instrument the person(s), or the entity upon beha~ of
which ,the person(s) 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 seal.
Place Nolaty Seal Above
Signature
Sl1;/l1alur>101 NOlaryPubUc
OPTIONAL
Though the information below is net required by Ia.w, it ma.y prove valuable to persons relying on the document
and could prevent fraudulent removrlllmd reattachment of this form to another 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)
fop of tnumb here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
D Trustee-
D Guardian or Conservator
o Othe~
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - U Limited C General
o Attorney in Fact
o Trustee
CJ Guardian or Conservator
o Other:
Top of ll1umb Ilere
Signer Is Representing:
Signer Is Representing:
<;;,V.........,'A>~~..,.-"f"'''_;cr'~~.;,;..~;-..~.''''<;:<C;r;'"-<'V.,~~~~'L1v:<:;;;.:.'l'^''~~<;~....v~''''''~,N.:''''~~<j.'l"~~,,,,<:;-~~~~~
~2007 Nation;)l NOlai)' Associalicn' 0350 De SOlO ~fJ., P.O.8crr 2402 'Cflalswor1h, CA '31.::J1J-7.<lQ2'<tnY't/.NatromriNmmy.atg Item 1J5-907 F1eordet:CaJJ Toll-Free HiCO-67G"i827
5-18
LEGAL DESCRlPTION
EXHIBIT 'A'
LOTS 1 TO 69, INCLUSIVE, OF CHULA VISTA TRACT MAP 99-04 SAN MIGUEL
RANCH PLAJ'lliING AREA J-2, IN THE CITY OF CHULA VISTA, COUNTY OF
SA,"'j DIEGO, STATE OF CALIFORNIA, AS PER MAP FILED AS MAP NO. 15259,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
5-19
EXHIBIT B
Lien and Development Impact Fee Peyment Plan Program Agreement
Estrella Phase 4 (BR09-0026 to BR09-0032)
Account
1600
1700
3000
3100
4000
4100
4500
4600
5010
5140
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 Librany
DIF Fire
DIF Recreation
NPDES Fee
TOTALS
2.54%
Salance of
Deferred Fees
Balance Due @
Final Inspection
Interest"
$ 315.00 $ 3.00 S 323.00
$ 24,346.00 $ 613.39 $ 24,964.39
$ 2,082.50 $ 52.90 $ 2,135.40
$ 3,750.00 $ 95.25 $ 3,845.25
$ 10,979.50 $ 278.38 $ 11,253.38
$ 3,941.00 $ 100.10 $ 4,041.10
$ 3,619.00 $ 91.92 $ 3,710.92
$ 8,701.00 $ 221.01 $ 8.922.01
$ 7,504.00 S 190.60 $ 7,694.60
$ 1,372.00 $ 34.85 $ 1,406.85
S 66,610,00 S
1,691.89 S
68,301.89
Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending
12131/08 Apportionment Rate
5-20
City oi Chula Vista
Exhibit "C"
Recorded at the request of:
When recorded, rr.ail to:
TERMINATION OF DEVELOPMENT IMPACT FEE PLAN PROGRAM AGREEMENT
NOTICE IS HERE3Y GIVEN that tr,e Develc!=ment lmpact Fees due under Condition
of the Agreement bet'Neen
and the City of Chula Vista, Document Na.
the County- Recorder of San Diego County on
, far the payment of Development Impact Fees as recorded in the Office of
, Document No. , have been Tully 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
befere 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 wit~in instrument and acknowledged to me that heishe/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 fer saia County and State
(Seal)
5-21