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HomeMy WebLinkAbout2009/10/06 Item 9TY COUNCIL STATEMENT ~`~~ CITY OF CHULA VISTA 10/06/09, Item `7 II ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING DEVELOPMENT IMPACT FEE PAYMENT PLAN AGREEMENTS ("AGREEMENTS") WITH SHEA HOMES, L.P. FOR OTAY RANCH VILLAGE 11, "CLOVER", PHASE SEVEN AND OTAY RANCH VILLAGE 7, "MOSAIC" PHASE FIVE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS ON BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK TO RECORD THE LIENS AND THE AGREEMENTS WITH THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO SUBMITTED BY: DIRECTOR OF DEVELOPMENT SERVICEEPUTY CITY MANAGER REVIEWED BY: CITY MANAGER 4/STHS VOTE: YES ^ NO SUMMARY On January 6, 2009 City Council adopted Ordinance No. 3120 providing developers the opportunity to enter into a payment plan for City Development Fees to stimulate development during this economic downturn. These agreements with Shea Homes, L.P. set forth the terms of the payment plan for two residential projects within the Otay Ranch. 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. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. 9-1 10/06/09, Item Page 2 of 3 DISCUSSION Ordinance 3120 provides a framework for individual projects to enter into payment plan agreements for council approval. The program is intended to be a temporary response to the current economic downturn, and as, such, will expire on December 30, 2010. The Agreements Shea Homes, L.P. is seeking building permits for 8 condominium units within Otay Ranch Village 11, Neighborhood R18, "Clover", Phase 7 and 9 condominium units within Otay Ranch Village 7, Neighborhoods R6 and R7, "Mosaic", Phase 5. "Clover" is located east of Discovery Falls Drive, north of Crossroads Street and can also be described as Lot 1 of Subdivision Map 15509. "Mosaic" is located east of Wolf Canyon Loop and south of Bob Pletcher Way and is within Parcel 2 of Parcel Map No. 20057. Shea Homes, L.P., owns both Clover Phase Seven and Mosaic Phase Five 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. TOTAL $173,871.48 $15,716.57 $62,154.04 Interest on Deferred Fees Although applicants have not been required to submit an administrative fee to cover the staff costs associated with administering the payment plan agreements, applicants are obligated to cover the interest of the outstanding balance of the deferred fees. The interest rate is based on the California State Local Agency Investment Fund (LAIF) Apportionment Rate in effect on the date of the execution of each agreement. The current investment rate is 2.54%. These agreements adhere to the stipulations outlined in this report and in Ordinance 3120, which established the payment plan program. Depending on market conditions 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. 9-2 Clover Phase Seven $95,030..57 $8,639.53 $88,585.37 Mosaic Phase Five $78,840.91 $7,077.04 $73,568.67 10/06/09, Item ~ Page 3 of 3 CURRENT FISCAL IMPACT Processing of these agreements will have a positive impact on the Development Services Fund. Currently, the fund revenues have a projected shortfall of $1.7M due to the decrease in development activity. The payment of $15,716.57 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 astand-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 $4,017.13. ATTACHMENTS Fee Tables Prepared by: Chester Bautista, Associate Civil Engineer, Development Services Department H: IENGINEERIAGENDAICAS2009110-06-091PaymentPlan Agreements Shea Homes v3.doc 9-3 Attachment 1 Payment Schedule Mosaic Phase 5 (BR09-0001) Account Description 1200 Mechanical Permit Fees 1450 Resid Strong Motion Fees 1600 Sewer Administrative Fee 1700 Sewer Capacity Fee (18.4) 2164 CBSC SB143 Admin Fee 2165 CBSC S6143 Admin Fund 3000 Traffic Signal Fee (18.2) 3100 Res Construction Tax (18.3) 3210 PC Plan Review 3211 PC Permit Proc 3212 PC Inspection 3213 PC Blg Admin 3214 PC Plg Supp 3215 PC Code Enf 3216 PC Engineering 3217 PC Fire Prev 3220 BP Plan Review 3221 BP Permit Proc 3222 BP Inspection 3223 BP Blg Admin 3224 BP Plg Supp 3225 BP Code Enf 3226 BP Engineering 3227 BP Fire Prev 4000 DIF Transportation 4100 DIF Public Fac Admin 4200 DIF Civic Ctr 4300 DIF Police 4400 DIF Corp Yard 4500 DIF Library 4600 DIF Fire 5010 DIF Recreation 5140 NPDES Fee 5150 Salt Creek Sewer DIF 6000 Otay Ranch Res Balance of Fees Processing Balance of Due Fees* Deferred Fees 2.54% Balance Due at Interest'* Finai Inseectien $ 923.58 $ 923.58 $ - $ - $ - $ 115.70 $ 115.70 $ - $ - $ - $ 45.00 $ - $ 45.00 $ 1.14 $ 46.14 $ 23,476.50 $ - $ 23,476.50 $ 596.30 $ 24,072.80 $ 4.70 $ 4.70 $ - $ - $ - $ 42.30 $ 42.30 $ - $ - $ - $ 293.76 $ - $ 293.76 $ 7.46 $ 301.22 $ 2,675.00 $ - $ 2,675.00 $ 67.95 $ 2,742.95 $ 1,013.04 $ 1,013.04 $ - $ - $ - $ 551.15 $ 551.15 $ - $ - $ - $ 2,536.49 $ 2,536.49 $ - $ - $ - $ 147.97 $ 147.97 $ - $ - $ - $ 290.55 $ 290.55 $ - $ - $ - $ 277.37 $ 277.37 $ - $ - $ - $ 548.75 $ 548.75 $ - $ - $ - $ 625.44 $ 625.44 $ - $ - $ - $ 15,031.80 $ - $ 15,031.80 $ 381.81 $ 15,413.61 $ 4,788.00 $ - $ 4,788.00 $ 121.62 $ 4,909.62 $ 7,146.00 $ - $ 7,146.00 $ 181.51 $ 7, 327.51 $ 8,046.00 $ - $ 8,046.00 $ 204.37 $ 8,250.37 $ 9,648.00 $ - $ 9,648.00 $ 245.06 $ 9,893.06 $ 379.00 $ - $ 379.00 $ 9.63 $ 388.63 $ 234.81 $ - $ 234.81 $ 5.96 $ 240.77 ~ /tr,s4u.y~ ' All Processing fees are due at the time of building permit issuance Intepest Rate at 2.54% CA State Local Agency Investment Fund ~ /,U//.U4 al /7,/b3.tl/ ~ htJLL.tIU S /3~JtlO.C/ Ending 12/31/08 Apportionment Rate va c ~ -~~ o~ ~1,2~_~~ Date e ,ZZ_~~ Date 9-4 Attachment 1 Payment Schedule Clover Phase 7 (BR08-0040 to BR08-0041) Account Description 1200 Mechanical Permit Fees 1400 Plan Check Fees 1450 Resid Strong Motion Fees 1600 Sewer Administrative Fee 1700 Sewer Capacity Fee (18.4) 2164 CBSC S6143 Admin Fee 2165 CBSC SB143 Admin Fund 3000 Traffic Signal Fee (18.2) 3100 Res Construction Tax (18.3) 3210 PC Plan Review 3211 PC Permit Proc 3212 PC Inspection 3213 PC Blg Admin 3214 PC Plg Supp 3215 PC Code Enf 3216 PC Engineering 3217 PC Fire Prev 3220 BP Plan Review 3221 BP Permit Proc 3222 BP Inspection 3223 BP Blg Admin 3224 BP Plg Supp 3225 BP Code Enf 3226 BP Engineering 3227 BP Fire Prev 4000 DIF Transportation 4100 DIF Public Fac Admin 4200 DIF Civic Ctr 4300 DIF Police 4400 DIF Corp Yard 4500 DIF Library 4600 DIF Fire 5010 DIF Recreation 5140 NPDES Fee 5150 Salt Creek Sewer DIF 6000 Otay Ranch Res 8087 Village 11 Ped Bridge Balance of Fees Processing Due Fees* $ 820.96 $ 820.96 $ - $ - $ - $ 129.31 $ 129.31 . $ - $ - $ - $ 90.00 $ - $ 90.00 $ 2.29 $ 92.29 $ 20,868.00 $ - $ 20,868.00 $ 530.05 $ 21,398.05 $ 1,966.72 $ - $ 1,966.72 $ 49.95 $ 2,016.67 $ 2,400.00 $ - $ 2,400.00 $ 60.96 $ 2,460.96 $ 1,274.94 $ 1,274.94 $ - $ - $ - $ 710.22 $ 710.22 $ - $ - $ - $ 3,268.54 $ 3,268.54 $ - $ - $ - $ 190.68 $ 190.68 $ - $ - $ - $ 374.40 $ 374.40 $ - $ - $ - $ 357.42 $ 357.42 $ - $ - $ - $ 707.12 $ 707.12 $ - $ - $ - $ 805.94 $ 805.94 $ - $ - $ - $ 13,361.60 $ - $ 13,361.60 $ 339.38 $ 13,700.98 $ 4,256.00 $ - $ 4,256.00 $ 108.10 $ 4,364.10 $ 1,464.00 $ - $ 1,464.00 $ 37.19 $ 1,501.19 $ 592.00 $ - $ 592.00 $ 15.04 $ 607.04 $ 120.00 $ - $ 120.00 $ 3.05 $ 123.05 $ 4,176.00 $ - $ 4,176.00 $ 106.07 $ 4,282.07 $ 7,152.00 $ - $ 7,152.00 $ 181.66 $ 7,333.66 $ 8,576.00 $ - $ 8,576.00 $ 217.83 $ 8,793.83 $ 548.00 $ - $ 548.00 $ 13.92 $ 561.92 $ 7, 980.00 $ - $ 7, 980.00 $ 202.69 $ 8,182.69 $ 208.72 $ - $ 208.72 $ 5.30 $ 214.02 $ 12,632.00 $ - $ 12,632.00 $ 320.85 $ 12,952.85 2.54% Balance of Balance Due at Deferred Fees Interact** Final Incncrfinn $ 95,U3U.57 $ (1,639.53 $ fJ6,397.U4 $l, 794.33 ~ 88,8(!5.37 All Processing fees are due at the time of building permit issuance Intere t Rate at 2.54% A State Local Agency Investment Fun(d~(LAIQF) Quarter Ending 12/31/08 Apportionment Rate ( ~ -I 0 y ( w din Dat _ .~= p` h ~~~©~ red y ( ann' g) ~ Date ;~ ~, ~ - ZZ Verified v (Engineeri ) n q'! Date Verified By'(14ar~tJ' scaping) ~~~ ,. Date 9-5 RESOLUTION N0.2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING DEVELOPMENT IMPACT FEE PAYMENT PLAN AGREEMENTS ("AGREEMENTS") WITH SHEA HOMES, L.P. FOR OTAY RANCH VILLAGE 11, "CLOVER", PHASE SEVEN AND OTAY RANCH VILLAGE 7, "MOSAIC" PHASE FIVE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS ON BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK TO RECORD THE LIENS AND 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 Clover Phase Seven, Shea Homes proposes to develop 8 condominium units in Otay Ranch Village 11 Neighborhood R-18; and WHEREAS, in Mosaic Phase Five, Shea Homes proposes to develop 9 condominium units in Otay Ranch Village 7 Neighborhoods R6 and R7; and WHEREAS, Shea Homes, L.P. owns the both properties for Clover Phase Seven and Mosaic Phase Five ("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. 9-6 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: 1. Approve the Development Impact Fee Payment Plan Program Agreement with Shea Homes, L.P. for the Property 2. Authorize the City Manager to execute the Agreements on behalf of the City. 3. Direct the City Clerk to record the liens and the Agreements with the County of San Diego Recorder. Presented by Gary Halbert, AICP, PE Deputy City Manager/Director of Development Services 9-7 City Attorney THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY' S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUN Dated: Z LIEN AND DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT BETWEEN SHEA HOMES LIMITED PARTNERSHIP AND THE CITY OF CHULA VISTA FOR CLOVER PHASE 7, VILLAGE 11 (NEIGHBORHOOD R 18) 9-8 City Attorney RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: CITY OF CHULA VISTA Attn: No transfer taxis due as this is a conveyance to a public agency of less thar a fee interest for whidi 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~ for reference only and executed on the date on which the last party signs, by and between SHEA HOMES LIMITED PARTNERSHIP. a California LIMITED 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 thatcertain 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 March 8, 2005, the City Council of the City approved the Resolution No. 2006-362, Lot 1 of Final Map No. 15509 also known as Clover Phase 7. Villaee 1 I (Nei~hborhoodR181(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 lard development, and California Government Code Sections 66000 et. seq ["Fees"]. The Fees applicable to the building permits aze 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 riot 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 ducretion 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 aze not immediately needed for public improvements required to serve the Project; deferral of collection of Fees would encourage ~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 nd 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 irto this Agreement deferring payment of the Fees for 12 months from the permit issuance with an option to extend for ~ 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 Cty shall exclude any and all claims azising out of or related to the 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 td 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, whidrever is earlier `Deferral Period"). 3. Interest shall accme 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"), ,9_9 agrees to pay the Fees and Accrued Interest with acertified 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 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 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 of transfers the Property or any portion of the Property in any manner, Property shall not be released from any of the obligatons, covenants, or conditions under this Agreement relating to the Property or portion of he 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 ofLien" (Exhibit "C"), which shall be in standard form, approved by the City Attomey, releasing the burden of this Agreement from the title to the Property. Failure of the Clty to execute the Release ofLien within ten (10) business days of paymentof the Fees and Accrued Interest shall notbe deemed a breach ofthis 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 assoaated with the recording of the Agreement and Release ofLien. 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 agendes/companies/trusts, respective officers, directors, and/or trustees they represent (collectively "Applicants") and that this Agreement shall be binding upon and constitute an obligation of the Applicants. IN WITNESS WHEREOF, this Agreement is executed by the CITY OF CHULA VISTA acting by and through it's Mayor or designated and authorized representative thereto, and by the Owner/Applicant. SHEA HOMES LIMITED PARTNERSHIP, Date: C~ ~ ' t~ ~ G9 g, Date: A California limited partnership, By - Its ~.tat.e rt,c t-c D ~ Gc"~-'f- THE CITY OF CHULA VISTA, A California municipal corporation By Is Approved as to form aid legality this day of 20 Bart Miesfeld, City Attomey By: Deputy City Attomey 9-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Or~e~Fe.mber 1~Z~'tbefore me, ~~~i J. ~ c,l~rna_t'1. r~f7-~kar~ ~~hlt G , Date Here Insert Name an Title of the Officer personally appeared ~ ~~ x-L . P { 1S1~i~ r ame(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the erso s) whose a~~(s~i fare subscribed to the within instrument and acknowledged to me that the/they executed the same in er/their authorized apaa (ies), and that by SARAH J. BECKMAN /her/their i na u s) on the instrument the Commis:ion • 1857709 er o s), or the entity upon behalf of which the Hoary Public - C~IiforMs erso (s) acted, executed the instrument. S~In Diego Coulnly Comm. iresJu113.20t3 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. Signature: Place No[ary Seal and/or Stamp Above Signatu f Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: Signer's Name: ^ Corporate Officer -Title(s): ^ Individual ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing ^ Corporate Officer -Title(s): ^ Individual Top of thumb here ^ Partner - ^ Limited ^ General Top of thumb here ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: ®2008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 9-11 City of Chula Vista Exhibit "A" Property Description (Legal Description) LOT 1 OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH, VILLAGE 11 NEIGHBORHOOD R-18, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF N0.15509 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON JANUARY 29, 2007. 9-12 EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Clover Phase 7 (BR08-0040 to BR08-0041) Account Description 1600 Sewer Administrative Fee 1700 Sewer Capacity Fee (18.4) 3000 Traffic Signal Fee (18.2) 3100 Res Construction Tax (18.3) 4000 DIF Transportation 4100 DIF Public Fac Admin 4200 DIF Civic Ctr 4300 DIF Police 4400 DIF Corp Yard 4500 DIF Library 4600 DIF Fire 5010 DIF Recreation 5140 NPDES Fee 5150 Salt Creek Sewer DIF 6000 Otay Ranch Res 8087 Village 11 Ped Bridge TOTALS 2.54% Balance of Balance Due ~ Deferred Fees Interest* Final Inspection $ 90.00 $ 2.29 $ 92.29 $ 20,868.00 $ 530.05 $ 21,398.05 $ 1,966.72 $ 49.95 $ 2,016.67 $ 2,400.00 $ 60.96 $ 2,460.96 $ 13,361.60 $ 339.38 $ 13,700.98 $ 4,256.00 $ 108.10 $ 4,364.10 $ 1,464.00 $ 37.19 $ 1,501.19 $ 592.00 $ 15.04 $ 607.04 $ 120.00 $ 3.05 $ 123.05 $ 4,176.00 $ 106.07 $ 4,282.07 $ 7,152.00 $ 181.66 $ 7,333.66 $ 8,576.00 $ 217.83 $ 8,793.83 $ 548.00 $ 13.92 $ 561.92 $ 7,980.00 $ 202.69 $ 8,182.69 $ 208.72 $ 5.30 $ 214.02 $ 12,632.00 $ 320.85 $ 12,952.85 $ 86,391.04 $ 2,194.33 $ 88,585.37 Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) quarter Ending 12/31/08 Apportionment Rate 9-13 City of Chula Vista Exhibit "C" 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. ,for the payment of Development Impact Fees as recorded in the Office of the County Recorder of San Diego County on ,Document No. ,have been fully satisfied as pertaining to: COUNTY ASSESSOR'S PARCEL NO. _ UNIT(s) LOT(s) Dated: State of California County of San Diego OR MAP City of Chula Vista By: 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) 9-14 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY' S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROnVAL BY THE CITY COUNCIL / I /~ Bart C. Miesfeld City Attorney Dated: C Z~ LIEN AND DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT BETWEEN SHEA HOMES LIMITED PARTNERSHIP AND THE CITY OF CHULA VISTA FOR MOSAIC AT OTAY RANCH, VILLAGE 7 LOMAS VERDES (NEIGHBORHOOD R6/R7) 9-15 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_~ for reference only and executed on the date on which the last party signs, by and between SHEA HOMES LIMITED PARTNERSHIP. a California LIMITED PARTNERSHIP- ("Owner"), and the CITY OF CHULA VISTA, a Califomia municipal corporation and charter city ("City") with reference to flee following facts: A. Owner is the owner of thatcertain real property in the City Of Chula Vista, County of San Diego, State of Califomia, more particularly described on Exhibit "A" attached ("Property"). B. On Mazch 8, 2005, the City Council of the City approved the Resolution No. 2005-074, Lot 8 and 9 of Final Map No. 15014 also known as Mosaic at Otay Ranch .Village 7 Lomas Verdes (Neighborhoods R6/R71 Phase 5 (the "Project"). C. Owner has applied for a building permit(s) for the Project. D. Upon the issuance of building permits, certain fees aze 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 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 cEvelopment 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 aze paid; and the deferral of Fees for the Project would not jeopardize the public health, safety, and welfaze. 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 discretionof the City Manager or his/her designee, oruntil the call for final inspection for residential development or issiance 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 Cty 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 he 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 accme at the California State Local Agency Investment Fund (LATE) 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 behalfof itself and its successors in interest, whetherby inheritance, gift, bequest, devise, sale, conveyance, assignment, or other method of transfetting title or acquiring interest in or to any part of the Project or Property `Successors"), 9-16 agrees to pay the Fees and Accrued Interest with acertified 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 Defercal Period, City shall withhold the final inspection or issuance of certificate of occupancy, as applicable, until payment of Fees and Accrued Inten:st is made in full. 6. Al I other rights of the parties shall remain unchanged, as'if the Fees were paid at the time of permit issuance. W ithout 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 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 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 Accred Interest, the City shall execute a "Release of Lien" (Exhibit "C"), which shall be in standazd form, approved by the City Attomey, 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 paymentof the Fees and Accrued Interest shall notbe 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 assodated 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 mto this Agreement on behalf of the Owner, the agencies/companies/trusts, respective officers, directors, and/or trustees they represent (collectively "Applicants") and that this Agreement shall be binding upon and constitute an obligation of the Applicants. IN WITNESS WHEREOF, this Agreement is executed by the CITY OF CHULA VISTA acting by and through it's Mayor or designated and authorized representative thereto, artd by the Owner/Applicant. SHEA HOMES LIMITED PARTNERSHIP, Date: ~~ ~t`'<<~~ ~ B} Date: THE CITY OF CHULA VISTA, A California municipal corporation By Approved as to form and legality this day of . 20 Bart Miesfeld, City Attomey By: Deputy City Attomey 9-17 Its i%l'~'~Ct-tr'K.-r Zr ~ ~y-c"w"r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~G.1n ~ le OnSerrF~mloer I~7.~9efore me, r u.b(L , Date Here Insert Name and Title of the Offi er personally appeared Q I eX l- • p~ IC~~X Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be th person )whose a®(s)dare subscribed to the within instrument and acknowledged to me that ®Vshe/they executed the same in ~~nw~l~ ter/their authorized apace ies), and that by SARAH J. BECKMAN i her/their na ur s) on the instrument the Commission a til577tq erso (s), or the entity upon behalf of which the Notary Public - C>tNfon~ia erso s) acted, executed the instrument. San Dispo County Comm. Ex 'res Jul 13, 20t3 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my nd and official seal. Signature: -- Place Notary Seal and/or Stamp Above Sig ure of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: Signer's Name: ^ Corporate Officer -Title(s): ^ Individual ^ Partner - ^ Limited ^ General Top of thumb here ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: ®2008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org ^ Corporate Officer -Title(s): ^ Individual ^ Partner - ^ Limited ^ General Top of thumb here ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Item #5907 Reorder. Call Toll•Free 1-800-876-6827 9-18 City of Chula Vista Exhibit "A" Property Description (Legal Description) PARCEL 2 OF PARCEL MAP NO. 20057, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON JULY 17,2006. 9-19 EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Mosaic Phase 5 (BR09-0001) Account Description 1600 Sewer Administrative Fee 1700 Sewer Capacity Fee (18.4) 3000 Traffic Signal Fee (18.2) 3100 Res Construction Tax (18.3) 4000 DIF Transportation 4100 DIF Public Fac Admin 4500 DIF Library 4600 DIF Fire 5010 DIF Recreation 5140 NPDES Fee 6000 Otay Ranch Res TOTALS 2.54% Balance of Balance Due ~ Deferred Fees Interest* Final Inspection $ 45.00 $ 1.14 $ 46.14 $ 23,476.50 $ 596.30 $ 24,072.80 $ 293.76 $ 7.46 $ 301.22 $ 2,675.00 $ 67.95 $ 2,742.95 $ 15,031.80 $ 381.81 $ 15,413.61 $ 4,788.00 $ 121.62 $ 4,909.62 $ 7,146.00 $ 181.51 $ 7,327.51 $ 8,046.00 $ 204.37 $ 8,250.37 $ 9,648.00 $ 245.06 $ 9,893.06 $ 379.00 $ 9.63 $ 388.63 $ 234.81 $ 5.96 $ 240.77 $ 71,763.87 $ 1,822.80 $ 73,586.67 Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment Rate 9-20 City of Chula Vista Exhibit "C" 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 Vsta, Document No. ,for the payment of Development Impact Fees as recorded in the Office of the County Recorder of San Diego County on ,Document No. ,have been fully satisfied as pertaining to: COUNTY ASSESSOR'S PARCEL NO. _ UNIT(s) LOT(s) Dated: OR MAP City of Chula vista By: State of California ) County of San Diego ) On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislheNtheir signature(s) acted, executed the instrument. WITNESS my hand and official seal Notary Public in and for said County and State (Seal) 9-21