The URL can be used to link to this page

Home My WebLink About2010/01/26 Item 5 CITY COUNCIL AGENDA STATEMENT ~\!f:. CITY OF . ., - (HULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: 1/26/10, Item~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING DEVELOPMENT IMPACT FEE PAYMENT PLAN AGREEMENTS ("AGREEMENTS") WITH BROOKFIELD OTAY R17, LLC, FOR OTAY RANCH VILLAGE II, "CORDOVA", PHASE FIVE AND SIX AND WITH BROOKFIELD OTAY R15/16, LLC FOR OTAY RANCH VILLAGE II, "TRELLIS" PHASE SEVEN AND EIGHT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS ON BEHALF OF THE CITY, AND DlRECTlNG THE CITY CLERK TO RECORD THE LIENS AND THE AGREEMENTS WITH THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO DIRECTOR OF DEVELOPMENT SERV[C~UTY CITY MANAGER CITY MANAG~ 4/STHS VOTE: YES D 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 Brookfield Otay RI7 LLC and Brookfield Otay RI5/16, set forth the terms of the payment plan fo~ two residential projects within the Otay Ranch Village 11. ENVIRONMENTAL REVIEW The 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 because the proposal consists of governmental fiscal activities which do not have the potential to result in a signiticant physical impact on the environment. 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. 5-/ 1/26/10, Item~ Page 2 of 3 BOARDS/COMMISSION RECOMMENDA nON Not applicable. 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 Brookfield Otay RI7 LLC is seeking building permits for 24 condominium units within Otay Ranch Village II, Neighborhood R17, "Cordova", Phase 5 and 6. Brookfield Otay R15/16 LLC is seeking building permits for 26 single-family units within Otay Ranch Village II, Neighborhoods RI5 and R16, "Trellis", Phase 7 and 8. "Cordova" is located north of Hunte Parkway, west of Exploration Falls Drive and can also be described as Lot I of Subdivision Map 15480. "Trellis" is located north of Hunte Parkway, east of Exploration falls Drive and is lots I through 126 of Map No. 15234. Brookfield Otay RI7 LLC owns Cordova and Brookfield Otay R15/16 owns Trellis. Both companies agree that they are responsible for all of the development impact fees owed for the projects. Both companies also acknowledge and agree 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. Cordova Phase Five Cordova Phase Six Trellis Phase Seven Trellis Phase Eight TOTAL $141,714.48 $141,714.48 $206,412.75 $176,902.39 $666,744.10 $10,720.92 $10,720.92 $31,194.49 $26,715.31 $79,351.64 $130,993.56 $130,993.56 $175,218.26 $150,187.08 $587,392.46 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 (LA IF) Apportionment Rate in effect on the date of the execution of each agreement. The current investment rate is 2.54% annually. On the first of each month a monthly rate of 0.21 % will be assessed until balance is paid in full. s ~. J~~ 1/26/10, Item~ Page 3 of 3 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. CURRENT FISCAL IMPACT Applicants will reimburse the City for all costs incurred in the preparation, execution, and recordation of the individual project a!,'Teements. Staff costs incurred in administering individual payment plan agreements will not be recovered via a. stand-alone administrative fee. It is antieipated 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 $1,243.32 monthly. A TT ACHMENTS 1. Fee Tables Prepared by: Chester Bautista, Associate Civil Engineer, Development Services Department H:IENGINEERl4GENDAIC4S2010101-25-10IPaymenl Plan Agreements Brookfield Olav R17 Cordova Phase 5 and Trellis Phase loc.doc ~ Payment Schedule Cordova Phase 5 (BR09-0154) Account 1200 1450 1600 1700 2164 2165 3000 3100 3210 3211 3212 3213 3214 3215 3216 3217 3220 3221 3222 3223 3224 3225 3226 3227 4000 4100 4200 4300 4400 4500 4600 5010 5140 5150 6000 8087 Description Mechanical Permit Fees Resid Strong Motion Fees Sewer Administrative Fee Sewer Capacity Fee (18.4) CBSC SB1 43 Admin Fee csse 88143 Admin Fund Traffic Signal Fee (18.2) Res Construction Tax (18.3) PC Plan Review PC Permit Proc PC Inspection PC Big Admin PC Pig Supp PC Code Enf PC Engineering PC Fire Prev BP Plan Review BP Permit Proc BP Inspection BP BIg Admin BP Pig Supp BP Code Enf BP Engineering BP Fire Prey DIF Transportation DIF Public Fac Admin 01 F Civic etr DIF Police DIF Corp Yard DIF Library DIFFire DIF Recreation NPDES Fee Salt Creek Sewer DIF Olay Ranch Res Village 11 Ped Bridge Attachment 1 Balance of Fees Due Processing Fees. Balance of Deferred Fees 0.21% Interest per Month" Balance Due at Final Inspection.... $ 1,231.44 $ 1,231.44 $ - $ - $ 197.58 $ 197.58 $ - S - S 90.00 S - $ 90.00 $ 0.19 $ 31,302.00 S - S 31,302.00 S 66,26 S 8.00 S 8.00 S - $ - S 72.00 $ 72.00 S - $ $ 2,950.08 $ - $ 2,950.08 $ 6.24 S 5,200.00 S - S 5,200.00 S 11,01 $ - $ - $ - $ - $ - $ - $ - $ - $ - S $ - S - S - $ - $ - S - $ $ - $ - S - S - S - S - $ - S - S - S - S - $ - $ - $ - $ $ 1,$57.74 $ 1,557.74 $ S - S 847.50 $ 847.50 S S S 3,900.28 S 3,900.28 S - S $ 227.54 S 227.54 $ - $ S 446.78 $ 446.78 S - $ - S 426.52 S 426,52 S - S - $ 843.82 S 843.82 S - $ - $ 961.72 $ 961.72 S - $ - $ 20,042.40 S - $ 20,042.40 S 42.42 S 6,384.00 S - $ 6,384,00 S 13.51 S - S - S - S - S - S - S - S - S - S - S - $ - $ 9,528.00 S - $ 9,528.00 S 20.17 S 10,728.00 $ - S 10,728.00 S 22,71 S 12,864,00 S - $ 12,864.00 S 27,23 S 674.00 S - $ 674.00 S 1.43 S 11,970.00 S $ 11,970.00 $ 25.34 S 313.08 S - S 313.08 S 0.66 S 18,948.00 S - S 18,948.00 S 40,11 S 141,714.48 S 10,720,92 S 130,993.56 S 277,27 All Processing fees are due at the time of building permit issuance Interest Rate aI2.54% CA Stale Local Agency Investment Fund (LAIF) Quarter Ending 12131/08 Apportionment Rate Balance Due at Final Inspection = Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) ...._~,. {.,,' Payment Schedule Cordova Phase 6 (BR09-0169 to BR09.0170) $ 141,714.48 $ 10,720.92 $ 130,993.56 $ 277.27 All Processing fees are due at the time 01 building permit issuance .. Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending 12131/08 Apportionment Rate Balance Due at Final Inspection = Balance 01 Deferred Fees + (Interest per Month x Number of Months Deferred) Account 1200 1450 1600 1700 2164 2165 3000 3100 3210 3211 3212 3213 3214 3215 3216 3217 3220 3221 3222 3223 3224 3225 3226 3227 4000 4100 4200 4300 4400 4500 4600 5010 5140 5150 6000 8087 Description Mechanical Permit Fees Resid Strong Motion Fees Sewer Administrative Fee Sewer Capacity Fee (18.4) CBSC SB143 Admin Fee CBSC SB143 Admin Fund TraNic Signal Fee (18.2) Res Construction Tax (18,3) PC Plan Review PC Permit Proc PC Inspection PC Big Admin PC Pig Supp PC Code En! PC Engineering PC Fire prev BP Plan Review 8P Permit Proe BP Inspection BP Big Admin BP Pig Supp BP Code En! BP Engineering SP Fire Prey DIF Transportation DIF Public Fae Admin OIF Civic Ctr DIF Police DIF Corp Yard DIF Library DIFFire DIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge Balance of Fees Due Processing Fees. Balance of Deferred Fees 0.21% Interest per Month**' Balance Due at Final Inspection... S 1.231.44 S 1.231.44 S . S . S 197.58 S 197.58 S . $ - $ 90.00 $ . $ 90.00 S 0.19 $ 31,302.00 S - S 31.302.00 S 66.26 S 8.00 $ 8.00 $ . $ . S 72.00 $ 72.00 $ . S - S 2,950.08 S . $ 2,950.08 $ 6.24 S 5,200.00 S . S 5.200.00 $ 11.01 $ . $ . S - S - S . $ . S $ - $ - S - $ - $ . S - $ . $ S S - $ . S S - S - $ S . S - S . $ . S - S - S - $ - $ - S - S 1.557.74 S 1.557.74 S - $ - S 847.50 5 847.50 S - $ S 3,900.28 S 3,900.28 S . $ - S 227.54 S 227.54 S $ . S 446,78 S 446.78 S - S $ 426.52 S 426.52 $ - $ $ 843.82 S 843.82 S - S - $ 961.72 S 961,72 S - S - $ 20,042.40 $ . S 20,042.40 $ 42.42 S 6.384.00 S - S 6,384.00 $ 13.51 S - S S - S - $ - $ - S - $ - $ . S - S - $ - S 9.528.00 S . S 9,528.00 $ 20,17 S 10,728.00 $ - S 10,728.00 S 22.71 $ 12.864.00 S - S 12,864.00 S 27.23 S 674.00 S . S 674,00 $ 1.43 $ 11,970.00 S S 11.970.00 S 25.34 S 313.08 $ . S 313.08 $ 0.66 $ 18.948.00 $ - S 18,948.00 S 40.11 " f-' .....i _' Account 1200 1450 1600 1700 2164 2165 3000 3100 3210 3211 3212 3213 3214 3215 3216 3217 3220 3221 3222 3223 3224 3225 3226 3227 4000 4100 4200 4300 4400 4500 4600 5010 5140 5150 6000 8087 SUMMARY (All Permits Requested) Trellis Phase 7 (BR09.0131 thru BR09.0142 and BR09.0156 and BR09.015?) 0.21% Description Mechanical Permit Fees Resid Strong Motion Fees Sewer Administrative Fee Sewer Capacity Fee (18.4) csse 88143 Admin Fee CBSC SB143 Admin Fund Traffic Signal Fee (18.2) Res Construction Tax (18.3) PC Plan Review PC Permit Proc PC Inspection PC BIg Admin PC Pig Supp PC Code En! PC Engineering PC Fire prev SP Plan Review BP Permit Proc BP Inspection BP Big Admin BP Pig Supp BP Code En! SP Engineering BP Fire Prev DIF Transportation DIF Public Fac Admin DIF Civic Ctr DIF Police DIF Corp Yard DIF Library DIFFire DIF Recreation NPDES Fee Salt Creek Sewer DIF Olay Ranch Res Village 11 Ped Bridge Balance of Fees Due Balance of Deferred Fees Balance Due at Finallnspectlonu* (nterest per Monthu Processing Fees. S 1,436.68 S 1.436.68 S . S . S 320.87 S 320.87 S . S S 630.00 S . $ 630.00 $ 1.33 S 48,692.00 S . $ 48,692.00 S 103.06 S 13.60 S 13.60 S . S . $ 122.40 $ 122.40 S . S . S 4,302.20 S - S 4,302.20 S 9.11 $ 7,350.00 S . S 7,350.00 S 15.56 $ - S - S - S - S - $ - S S - S S - S S - S $ - S - $ S $ - $ - $ $ - S - S - S $ - $ $ S $ - $ - $ - S - S 4,954.74 S 4,954.74 S $ - $ 2,695.68 $ 2,695.68 $ - $ . S 12,406.07 $ 12,406.07 $ . S - $ 723.73 $ 723.73 S - $ - $ 1.421.09 $ 1,421.09 S - S S 1,356.64 S 1,356.64 $ - S $ 2,683.93 S 2,683.93 S S - $ 3,059.06 S 3,059.06 $ - $ - S 23,382.80 $ - $ 23,382.80 $ 49,49 S . 7,882.00 $ - $ 7,882.00 $ 16.68 $ - $ - S - $ - $ S .. S - S - $ - $ - $ - $ - $ 7,238.00 $ - $ 7,238.00 $ 15.32 $ 17,402.00 S - S 17,402.00 $ 36.83 $ 15,008.00 S . $ 15,008.00 $ 31.77 S 2,240.00 $ . S 2,240.00 $ 4.74 S 18,520.00 S S 18,620.00 S 39,41 $ 365.26 $ - S 365.26 $ 0.77 $ 22,106.00 S - $ 22,106.00 $ 46.79 $ 206,412.75 $ 31,194.49 $ 175,218.25 $ 370.88 All Processing fees are due al the tlme of building permit issuance Interest Rate at 2.54'% per year (CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment Rate) Balance Due at Final Inspection = Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) ~~ t~~~ SUMMARY (All Permits Requested) Trellis Phase 8 (BR09-0131 thru BR09-0182) Account 1200 1450 1600 1700 2164 2165 3000 3100 3210 3211 3212 3213 3214 3215 3216 3217 3220 3221 3222 3223 3224 3225 3226 3227 4000 4100 4200 4300 4400 4500 4600 5010 5140 5150 6000 8087 Description Mechanical Permit Fees Resid Strong Motion Fees Sewer Administrative Fee Sewer Capacity Fee (18.4) eBSe SBl43 Admin Fee eBSe SB143 Admin Fund Traffic Signal Fee (18.2) Res Construction Tax (18.3) PC Plan Review PC Permit Proe PC Inspection pe Big Admin PC Pig Supp PC Code En! PC Engineering PC Fire Prey SP Plan Review SP Permit Proe BP Inspection BP Big Admin BP Pig Supp BP Code Enf BP Engineering BP Fire Prey DIF Transportation DIF Public Fae Admin DIF Civic Cir DIF Police DIF Corp Yard 01 F Library D1FFire OIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge 0.21% Balance of Fees Due Balance of Deferred Fees Interest per Month" Balance Due al Finallnspection*** S 176,902.39 $ 26,71$.31 $ 150,187.08 $ 317.90 All Processing fees are due at the time of building permit issuance .. Interest Rate at 2.54% per year (CA State Local Agency Investment Fund (lAlF) Quarter Ending 12131/08 Apportionment Rate) ... Balance Due at Final Inspection = Balance of Deferred Fees + (Interest per Month )( Number of Months Deferred) Processing Fees. S 1,231.44 S 1,231.44 S - S - S 276.87 S 276.87 $ - $ - S 540.00 $ - S 540.00 $ 1.14 S 41,736.00 $ - $ 41,736.00 $ 88.34 $ 11.50 $ 11.50 $ - S - $ 103.50 $ 103.50 $ - S - $ 3,687_60 S - S 3,687.60 $ 7_81 S 6,300.00 S - S 6,300.00 $ 13.34 $ - $ - S - S - $ - S - S - $ - S - $ - S - S - S - S - S - S - $ - S - $ - S - S - S - $ - S - S - S - S - S - $ - S - S - S - $ 4,243.02 S 4,243.02 $ - S - S 2,308.46 S 2,308.46 $ .- S - S 10,623.98 S 10,623.98 $ - S - S 619.78 S 619,78 S - S - $ 1,216.96 S 1,216.95 S - S - S 1,161.76 S 1,161,76 S - S - S 2,298.40 S 2,298.40 $ - $ - S 2,619.64 $ 2,619.64 S - $ - $ 20,042.40 S - S 20,042.40 S 42.42 S '6,756.00 $ - S 6,756.00 S 14.30 $ - S - S - S - S - $ - S - S - $ - S - S - S - S 6,204.00 $ - S 6,204.00 S 13.13 S 14,916.00 $ - $ 14,916.00 $ 31.57 $ 12,864.00 $ - $ 12,864.00 S 27.23 $ 1,920.00 S - S 1,920.00 S 4_06 S 15,960.00 S - $ 15,960.00 $ 33.78 S 313.08 $ - $ 313.08 S 0.66 S 18,948.00 $ - $ 18,948.00 S 40.11 ~;,; ':/ RESOLUTION NO. 2010 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVfNG DEVELOPMENT IMPACT FEE PAYMENT PLAN AGREEMENTS ("AGREEMENTS") WITH BROOKFIELD OT A Y R17, LLC, FOR OT A Y RANCH VILLAGE II, "CORDOVA", PHASE FIVE AND SIX AND WITH BROOKFIELD OTAY RI5/16, LLC FOR OT A Y RANCH VILLAGE II, "TRELLIS" PHASE SEVEN AND EIGHT; AUTHORIZfNG 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 TI-IE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO WHEREAS, the City requires the payment of various processing, uevelopment 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 proj ects; 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 Cordova Phase Five and Six, Brookfield Otay RI7 LLC proposes to develop 24 condominium units in Otay Ranch Village II, Neighborhood R17; and WHEREAS, in Trellis Phase Seven, Brookfield Otay R15/16 LLC proposes to develop 26 single family units in Otay Ranch Village II Neighborhoods RI5 and R16; and WHEREAS, Brookfield Otay R17 LLC, owns Cordova Phase Five and Six and agrees that they are responsible for all of the development impact fees owed for the project; and WHEREAS, Brookfield Otay R15/16 LLC, owns Trellis Phasc Seven and Eight and agrees that they are responsible for all of the development impact fees owed for the project; and WHEREAS, Both Brooktield Otay R17 LLC and Brookfield Otay R15/16 LLC acknowledge and agree that these fees are due and payable to the City prior to or upon the call for tinal inspection; and WHEREAS, by executing this Agreement and placing a lien on the Property, the City is securing the payment of the deferred fees. /"" r "'d "J NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: I. Approve the Development Impact Fee Payment Plan Program Agreements with Brookfield Otay Rl7 LLC, for Cordova Phases 5 and 6. 2. Approve the Development Impact Fee Payment Plan Program Agreements with Brookfield Otay R15/l6 LLC, for Trellis Phases 7 and 8 3. Authorize the City Manager to execute the Agreements on behalf of the City. 4. Direct the City Clerk to record the liens and the Agreements with the County of San Diego Recorder. Gary Halbert, AICl', PE Deputy City Manager/Director of Development Services Presented by /. "/ / 4...._~ THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORl\1ALL Y SIGNED UPON APPROVAL BY THE CITY CO IL Dated: ' 'to to UEN AND DEVELOPMENT IMP ACT FEE PAYMENT PLAN PROGRAM AGREEMENT BETWEEN BROOKFIELD OT A Y RiI7, LLC AND THE CITY OF CHULA VISTA FOR CORDOVA PHASE 5, VILLAGE I I (NEIGHORHOOD R-l 7) L I'.} 'y 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 Brookfield Otav R 17 LLC A Delaware Limited Liabilitv Comn::mv ("Owner"). and the CITY OF CHULA VISTA, a California municipal corporation and charter city ("City") with reference to the following facts: A. Owner is the owner of that certain real property in the City OfChula Vista, County of San Diego, State of Cali fomi a, morc particularly described on Exhibit "A" attached ("Propeny"). B. On November 14,2006, the City Council of the City approved the Resolution No. 2006~335, Final Map No. 15480, also known as Cordova Phase 5 Villao-e 11 (Neighborhoods R-17) (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 "8", attached. Other fees or charges related to the Project, but not included in Exhibit "B", shall still be due and payable to the City in accordance with the City Municipal Code, Omission of such additional fees and charges from Exhibit "B" shall not be a waiver of the obligation of Owner to pay such additional fees and charges. E. Pursuant to City Ordinance No. 3120 ("Ord. No. 3120"), the City has the authority to defer Fees for 12 months from the 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.residcntial 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 tinal 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-residentiaJ development, whichever is earlier, pursuant to all the terms and conditions of this Agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: L Owncr agrees and acknowledges that it is obligated to pay all Fees in type and amount identified in Exhibit "8" 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 "8" 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 pennit issuance with an option to extend for an additional 12 months, at the sole discretion ofthe City Manager or his/her designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non.residentiaJ development, whichever is earlier ("Deferral Period"). 3. Interest shall accrue at the C3lifomia State Local Agency Investment Fund (LAIF) Apportionment Rate, per annum. in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid ("Accrued 1nterest"). Interest will be applied on the tirst of each month. ,5-- /f 4. O\vncron bcl;alfofil5clf;md its sm::cesso~ in interest,. whernt:rby mhcriwcc., gift,. bc:qtJ~l... devise. ;ale, convcY<Ult:c. assignment,. or otl1er method or transferring title or acquiring Interest in or 10 aQY part ofthc Project or Property (-Successors" agrees to pay the Fees and Accrued Interest with a certified check prior to or concurrent with the dut:; on wbich !he Deferral Pt:'riod ends.. 5. Owner agrees tllat ifit fails to pay the Fees and Accrued Interest. in full pnor the end of1hc neferr.1l Period, City sh'ClU withhold the final inspection or isswnc:e of certificn~ of occupancy, as :lpplicablc, until p;J)'mcOl ofFccs and Accruclllnletcst is made in fulL . 6. An other rights orthe parties shaIl remain unchanged, ;:IS if the Fees ....-ere paid at the time afpermiL issuance. Without rrrniting the forqoing., the Fees paj'U:ble shall be those in effect at the time of c;o;ccution of the Agreement as set rOM on Exhibit "'B'". 7. This Agreement shnll be tCl:Oroed b}' tlte City in the Offici:J.l Records of the County ofSDn Diego, Office of the County Recorder and shall constitute a lien for the Fe::s :md Accrued Interest binding upon and running witJllh.c Property. If the OMlet sells or trnnsfers the Property Dr an)' pDrtion of the Propert)'in any manner, Property shall [lor. be n:lensed from un)' ofthc obfig:ltions. covenants, or conditions under this Agreement relating to the Property or pernen armc Property or Projecl being acquired. 8. The burden ofthisAgrec.mClllshnll be released from the title to lhe PrnpeJtyupon the payment afFces and Accmed Intercst Within ten (0) business days foJlO\tmg the pa)'iI'Ient oflhe Fees and ACCl1led Interest,. the City sball execute a "ReleilSe oftJen'" (ExhibiL -Cj, which shall be in rumrlard form, approveO.by the CilY Anorn!:)', releasing !he burden oftbis Agreement from the titlc La the Property, Failure OCtllC City 10 e,"I;ccutc Ihe Release of Lien v.ithin ten {lO} business days. of paymenl of the Fees and Accrued Interest. S.bill! nol be decmed a breach of this Agreement. pro\'ided City milkes its best efforts to e..-.::ecule the Release of Lien \\;1hin 11 n:nsonnblc time thereafter. 9. The Owner agrees nnd ts oblignlcd to pay all costs :JS5ociaLed \\;!b me recording ofthc Agreement and Release ofuen. 10. Each SigniltOl)' to this Agreement repre5crJts. \.\-arnmlS. :lJid certifies th:l1 he/she hn5 the authorilY to enter into this Agreement on beh:Jlforth~ a\vner. the agencic:sJcompnniesitru5lS, respcctive officers~ directoo, nnd/or trustees thc}' represent (collectively -Applicants) and thatlhis Agreement sh:all be binding upon:md consUtu!e an obligation oflhe Applie<mts. TN WITNESS WI'iEREOF. this Agreement is e....eeUlcd by the CITY OF CHULA VISTA acting by and through if's Mayor or designated <md authorized representative thereto. and by the O\\l1erlApplicam. Dote: \-~6-lD Brookfield Olay R 17 LLC, A Dela~'\.'lJl"C Limited Liability Company ~~~ . ~, Its A,S':>,-. \I. P . -- DOle: THE CITY OF CHULA VISTA. f4; California municipal corpol1lLion By ls Approved 1lS to fonn:md legality t11is _day of ,10 BlUt Miesfdd,. City Anomey By: Dcput}' City AlIomc:y .c ~ .' , ,~.. EXHIBIT "A" LEGAL DESCRIPTION BLDG 7 A CONDOMINIUM IN ACCORDANCE WITH CALIFOR..NIA CIVIL CODE SECTION 1351 (e), BErNG DESCRIBED AS LIVING UNIT NO.'S 37 THROUGH 42 OF SECOND AMENDMENT TO FIRST SUPERSEDING CORDOVA AT WINDrNGW ALK CONDOMINIUM PLAN, rN THE CITY OF CHULA VISTA, COUNTY OF SAl"l DIEGO, STATE OF CALIFORNIA, ACCORDING TO DOCUMENT FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON APRIL 20, 2009 AS FILE NO. 2009-0202165. SAID CONDOMINIUM PLAN BErNG RECORDED OVER LOT 1 OF MAP THEREOF NO. 15480, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON NOVEMBER 27, 2006. ,::,; .I 2 EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Cordova Phase 5 (BR09-0155) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Library DIF Fire DIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge TOTALS $ 45.00 $ 0.10 $ 15,651.00 $ 33.13 $ 1,475.04 $ 3.12 $ 2,600.00 $ 5.50 $ 10,021.20 $ 21.21 $ 3,192.00 $ 6.76 $ 4,764.00 $ 10.08 $ 5,364.00 $ 11.35 $ 6,432.00 $ 13.61 $ 337.00 $ 0.71 $ 5,985.00 $ 12.67 $ 156.54 $ 0.33 $ 9,474.00 $ 20.05 Balance of Deferred Fees $ 65,496.78 $ Interest' 0.21% 138.63 Balance Due @ Final Inspection" . Interest Rate based on 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment Rate Balance Due at Final Inspection ~ Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) ..... "'). /~':. RECORDfNG REQUESTED BY, AND WHEN RECORDED MAll TO: CITY OF CHULA VISTA Attn: No transfer ta"\: is due as this is a conveyance to a public agency of less than a fee mterest fOf which no cash consideration has been paid or received FOT 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 Brookfield Orav R 17 LLC A Delaware Limited Liabilitv Camnanv C"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 ofrha! certain real property in the City OfChula Vista, County of San Diego, State of Cali fomi a, more particularly described on Exhibit "A" attached ("Property"). B. On November 14,2006, the City Council ufthe City approved the Reso]ution No. 2006-335, Final Map No. 15480, also known as Cordova Phase 5 Village 11 (Neighborhoods R-17) (the '.Project"). C. Owner has applied for a building permit(s) for the Project. D Upon the issuance of building permits, certain fces are duc and payabk pursuant to City's Municipa] 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 "8", attached. Other fees or charges related to the Project, but not included in Exhibit ..8", shaH still be due ,md payabk to the City in accordance with the City Municipal Code. Omission of such additional fees and charges from Exhibit .'(3" shall not be a waiver ufthe 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 Fecs for 12 months from the pennit issuance with an option to extend for an additionall2 months, at the sole discretion 01" the City Manager or hislher designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non-residential development, whichever is earlier. F. The City has found that the Fees are not immediately needed for public improvements required to serve the Project; deferral of col1ection of Fees would encourage development vital to the City; payment of Fees is adequatdy 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 addition a] 12 months, at the sok 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, 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 "8" and such Fees arc due and payable upon issuance of building permits and by executing this Agreement WAIVES Al'o'D RELEASES the City from any and all claims arising out of or related to this Agreement, includmg 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 afar 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 certilicate of occupancy for non~residential development, whichever is earlier ("Dcferra] Period"). 3. Interest shall accrue at the California Stale Local Agency Investmenl Fund (LA IF) Apportionment Rate, per annum, in effect on the date of the execution of this Agreement through the end of the Deferra] Period until paid ("Accrued Interest""). Interest will be applied on the first of each month. s-.:/S- 4. Owner on bclullf ofitself and its successors in interest,. whether b}' inheritance, gift,. bcqul:S1. devise, sale, convcyam::e, assignment, or otlu:r m~od oftmnsferring tiLle or acquiring interest io or to any part oftltc Project or Property (-Successors/, agrees to pay the Fe~ and Accrued InlCrc:St with 1I certified check prior to or conctl11'Cllt with the dUl.e on which the Ocfem.! PL'1iod ends. 5. Owner agrees thnt ifit fails 10 pay [he Fees and Accrued IntClest in full prior the end of the Deferml Period, City shall ,\\'ithhold the fin:JJ inspedion or issuance of cutificulc of occupancy, as applicable, until payment ofFecs and Accrued [merest is made in full. . 6. All oilier rights of1l1e parties shaIl remain unchanged, lIS iflhe Fees "'ere paid lit the limc of penn it issuance. Without runiting die foregoing, the Fees pa)'able shnll be those in effect at the time of execution of the Agreement as set forth on Exhibit "B"'. 7. This Agreemenl shlll1 be rc:corded b)' the City in the Official Records of the County ofSlln Di~o, Office of the County Recorder ond shall constitute a lien for lhe Fees and Aecrued Interest binding. upon nnd nmDin~ with the Property. if thl: O\>mct sells or trnnsfcrs the Propclt). Dr noy portion of the Propel1)" in any manner, Property shall not be released from an}' ofthc obligations, covenants, or coDditions under this Agreement relIning 10 the Property or ponina orlhe Propeny or Project being acquired. 8. The burden of this Agreement shall be relc:1Sed from lhe title to thc Property upon the payment of Fees and Accrued Interest Within ten {J 0) business days following the pJ)'ment arlhc Fet=S Olnd Accrued Interest, the City shall exCCl.Jtc a "Release ofLict!'" (Exhibit -el, which shall be in st:mdard form,. approved ,by the en)' Attorney, Jclensing the burden Oflhis Agreement from the title to the Property. Failurc ofihe City to e~ecute Ihe Release of Lien within ten (IO) business days orpuyment ofthc Fees and Accrued lnterrn. shilJ not be deemed a breach of this Agreement,. provided City makes its best efforts to c.....ecute the Release of Lien within 1ll'ClSOnabtc time thereafter. 9. The Owner agrees <lfld isoblig.iltcd 10 pay alJ costs associated \\;th the recording ofthc Agrcc:-menl and Rdcnsc or Lien. 10. E.lch signatol)' to !.his Agreement represents. ,\."I1tTl1nts. and certifies thm. hcJ.shc has the authorit)' to enter into this Agreement on behalfoflhl:: O\mer, the agencic:s/compnnicsluusts. respective officers, directcn, :tndlor trustees they represent (collectively -ApplicanlS-) and lhill. this A~ement shall be binding upon lUl.d constirwe a.n obligation of1he Applicmts.. IN W1TNESS WH.EREOF, !his Agreement is e.\:ecLlled by the CITY OF CHULA VISTA :n:ting b)' and through it.s Ma)'Oror dcsignalcd and authorized reprcsent.:ltive tbereto, and by the OwncrlApplic:tnt. DOle: \-;;2....6-l0 BJOokficld Omy RI1 LLC, A DelawIrrc Limited Liability Company ~~~ ~ hs A.S7t.- V.p. D3tc; THE CIIT OF CHULA VISTA ~ Q::llifomia municipal eorpotalion By ls Appro\\'ed OS 10 fonn nnd legality L11is _da)'of .20 Bmt Miesfeld. City Anomey By: Deputy City A1.tom\..')' .5-;" ie EXHIBIT "A" LEGAL DESCRJPTION BLDG 8 A CONDOMINIUM IN ACCORDANCE WITH CALIFORNIA CIVIL CODE SECTION 1351 (e), BEING DESCRIBED AS LIVING UNIT NO.'S 43 THROUGH 48 OF SECOND AMENDMENT TO FIRST SUPERSEDING CORDOVA AT WINDINGW ALK CONDOMINIUM PLAN, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO DOCUMENT FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON APRJL 20, 2009 AS FILE NO. 2009-0202165. SAID CONDOMINIUM PLAN BEING RECORDED OVER LOT 1 OF MAP THEREOF NO. 15480, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON NOVEMBER 27, 2006. .c- '7 V -./ ( EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Cordova Phase 5 (BR09-0154) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Library DIF Fire DIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge TOTALS $ 45.00 $ 0.10 $ 15,651.00 $ 33.13 $ 1,475.04 S 3.12 $ 2,600.00 $ 5.50 $ 10,021.20 $ 21.21 $ 3,192.00 $ 6.76 $ 4,764.00 $ 10.08 $ 5,364.00 $ 11.35 $ 6,432.00 $ 13.61 $ 337.00 $ 0.71 $ 5,985.00 $ 12.67 $ 156.54 $ 0.33 $ 9,474.00 $ 20.05 Balance of Deferred Fees $ 65,496.78 $ Interest' 0.21% 138.63 Balance Due @ Finallnspeclion" . Interest Rate based on 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment Rate .. Balance Due at Final Inspection = Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) ,S=-/p 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 AP!7:0V AL BY~ TfjE CITY CxIT" /' Dated: I LIEN AND DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT BETWEEN BROOKFIELD OT A Y R17, LLC AND THE CITY OF CHULA VISTA FOR CORDOVA PHASE 6, VILLAGE II (NEIGHORHOODS R-] 7) ,- i 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 DEVELOPtv1ENT llvtPACT FEE PA Th1ENT PLAN PROGRAM AGREEMENT ("'Agreement"), dated .20--, fOf reference only and executed on the date on which the last party signs, bv and between Brookfield Olav Rl7 LLC A Delaware Limited Liability Comnanv ("O\\'oer"), and the CITY OF CHULA \ltST A a California municipal corporation and charter city ("City") with reference to the following facts: A. Owner is the owner of that certain real property in the City OfChula Vista, County of San Diego, State of Cali fomi a, more particularly described on Exhibit "A" attached ("Property"). B. On November 14,2006, the City Council of the City approved the Resolution No. 2006-335, Final Map No. 15480, also known as Cordova Phase 6 Villal!e I I (Neighborhoods R-171 (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 Projecl but not included in Exhibit "B", shall still be due and payable to the City in accordance with the City tvlunicipal 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.3 120 requires Owner to execute a contract with the City, prior to the issuance of building pennits, in order to defer the payment of the Fees. H. City and Owner desire to enter into this Agreement deferring payment of the Fees for 12 months from the permit issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager or hislher designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non~residentia1 development, whichever is earlier, pursuant to all the terms and conditions of this Agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS. 1. Owner agret:s and acknowledges that it is obligated to pay al1 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 Ulis 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 t\.hnager 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 shaH acerue at the California State Local Agency Investment Fund (LAIF) Apportionment Rate, per annum, in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid ("Accrued Interest"). Imerest will be applied on the first of each month. "'~. .;)J;J ,~.....1 _._~-_..__...-- ---.. _..,-. --.....-....... --_._----+- ... -_.--_. 4. o.vn~ on bcl1a1f ofil.Sclf and its successors in interest., whether by inhcriunc:e, gift. bequest. devise., sale, convcyam::e, assignment,. or other mclhod of tmnsferring title or nequiring interest in or to any part of the Project or Property (-Successors), agrees to pay the Fees and Ac:crul.."rl Jrucre:sl with II certified check prior to or concum:nt \\ilh the dale on which the OcfemI PI.-rllXl end~. 3. Owner a~ees thi1l if it fails to pi1y!he Fees and Accrued Interest in full prior the end of the DefemJ Period, Ciry shaU withhold the fiom inspection or iSSUllnce of certificate of occupancy, as :J.Pplicable. until payment of Fees and Accrued Interest is made in full. . 6. All other rigbts oftbe pOlrtics shall remain unchanged, ilS if lhe Fees 'were paid at the lime of permit issurmcc. Without rtmiting the foregoing., the Fees p3)'able shmJ be those in effect ill. the time of execution of the Agreement as set forth on Exhibit "B"_ 7. This Agreement shall be recorded b)' the City in the Official Records oflhe COlD1ty of San Diego, Office of the Counry Recorder rmd shall constitute a tien for the fees and Accrued lntcr~ binding upon and running with the Property. If the O'Mlef sells or transfers me Property or IlIlY portion oflhe Propert)' in an)' maMer. Propeny shall not be released from all}' orme obligations, covennnts,. or conditions under this Agrcem~t rclllting iO the Property or panion aflhc Property or Projecl being acquired. 8. The burden oflhis Agreement shall be rel~ed from the title to the Property upon the payment orFces :md Accrued Interest Withio ten (10} business da)'S follQ\'fing the p:J)'Rltnt of the Fees and Accrued lnten:st,. the City shall ~ecutc a "RdellSl: of Lien" (Exhibit ~C), which shall be in stamd...d form. approved .by the City Attorney, releasing the burden oflhis Agreement from the title to the Property. Failure oCthe City to e....ecule the Release of Lien v.;thin ten (10) business days or payment oflhe Fees:md Accrued Intcrest shall not be deemed a breach of this Agrcemenl. provided City makes: its bcsll:l1orts to 1~..'..eClltc the Release of Lien within 11 reasonable time thereafter. 9. The Owner agTl..'""CS nod isobligalCd to pay aU costs :lSsociatcd \\;th the recording of the Agreement and RdC<JSC or Lien. 10. Each signatory to lhis Agreement represents. w:urnnl5,. and certifies thm hc/shc: Ims the authorilY to ent1:l' into thisAgreemcnt on bch<llf Grthe Owner, \hI: ageneies/compnnies/U'UStS, respective officers. directors. :lndJor truStees mey represent (collectively - AppJiCZlts) and that this Agreement s.nml be binding upon OlJI.d constitute an obligation oflhe Applicants. IN WITNESS WI1EREOF. \his Agreement is executed by the CITY OF CHULA VlST A :letin; by :llld through it's Ma)'Ot or dcsignarcd and :mthorized representative there!o, and by the Owner/Applicant. Do,e: \-;;;2-..0-l0 Brookfield Clay RI7 LLC. A DclawllTC Limited Liabilit)' Compnny ~~~ ~ I1s A,S7\..., V,f. Date: THE CITY OF CHULA VISTA. ~ California municipal eorpor.tlion By Is Approved as to form and Jc~ality tbis day of .20 BllI1 Miesfeld,. Clly AnomC}' By: Deputy City AUomC}' 5.-21 "",. EXHIBIT "A" LEGAL DESCRIPTION BLDG 23 A CONDOMINIUM IN ACCORDANCE WITH CALlFORJ'JIA CIVIL CODE SECTION 1351 (e), BEING DESCRIBED AS LIVING UNIT NO.'S 133 THROUGH 138 OF SECOND AMENDMENT TO FIRST SUPERSEDING CORDOVA AT WINDINGWALK CONDOMINIUM PLAN, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO DOCUMENT F[LED IN THE OFF[CE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON APRIL 20, 2009 AS FILE NO. 2009-0202 [65. SAID CONDOMINIUM PLAN BEING RECORDED OVER LOT 1 OF MAP THEREOF NO. . 15480, FILED IN THE OFF[CE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON NOVEMBER 27,2006. ....~-- =<) "",J "" EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Cordova Phase 6 (BR09-0170) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin D I F Library DIF Fire DIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge TOTALS 0.21% Balance of Deferred Fees Balance Due @ Final Inspection" Interest' $ 45.00 $ 0.10 $ 15,651.00 $ 33.13 $ 1 ,475.04 $ 3.12 $ 2,600.00 $ 5.50 $ 1 0,021.20 $ 21.21 $ 3,192.00 $ 6.76 $ 4,764.00 $ 10.08 $ 5,364.00 $ 11.35 $ 6,432.00 $ 13.61 $ 337.00 $ 0.71 $ 5,985.00 $ 12.67 $ 156.54 $ 0.33 $ 9,474.00 $ 20.05 $ 65,496.78 $ 138.63 - Interest Rate based on 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment Rate Balance Due at Final Inspection = Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) ., oC7..:: ~3 RECORDfNG 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 oflcss than a fee interest fOf which no cash consideration has been paid or received For Recorder's Use Only LIEN AND DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT THlS LiEN AND DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT (UAgreement"), dated . 2U_, fOf reference only and executed on the date on which the la<;t pany signs, by and between Brookfield Otav R17 LLC A Delaware Limited Liability Callinan\' ("Owoer"), and the CITY OF CHULA VISTA, a California municipal corporation and ch<lrtcr city ("City") with reference to the following facts: A. Owner is the owner ofrhat certain real property in the City orChula Vista, County of San Diego, State of California., more particularly described on Exhibit "A" attached ("Property"). 8. On November 14,2006, the City Council of the City approved the Resolution No. 2006-335, Fina] Map No. 15480, also known as Cordova Phase 6 Villa!:!c 11 (Neie.hborho(lds R-] 7) (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 Municipa] Code. non-codified ordinances related to land development, and Califomia Government Code Sections 66000 e1. seq ["Fees"]. The Fees applicable to the building permits arc more particu]arly described on Exhibit "8", attached. Other fees or charges related to the Project, but not induded in Exhibit "'8", 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 ndditional fees and charges. E. Pursuant to Cily Ordinance No. 3120 COrd. No. 3120"), the City has thc 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 Mimager or hislher designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non-residential development, whichever is earlier. F The City has found that the Fees are not immediately needed for public improvements required to serve the Project; deferral of collection of Fees would encourage development vital to the City; payment of Fees is adequately secured through this Agreement and the City's right to withhold final inspection or certificate of occupancy until Fees are paid; and the deferral of Fees for the Project would not jeopardize the public health, safety, and welfare. G. Ord. No. 3120 rel/uires 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 un option to extend for an adJitiona] 12 months, at the sole discretion or the City Manager or his/her designee, or until the call lor final inspection for residential development or issuance of cenificate of occupancy for non-residemia] development, whichever is earlier, pursuant to all the terms and conditions of this Agreement NOW, THEREFORE, TilE PARTIES AGREE AS FOLLOWS. \. Owner agrees and acknowledges that it is obligated to pay all Fees in type and amount identilied in Exhibit '"8" and such Fees arc due and payable upun issuance ofbuild1l1g permits and by executing this Agreement \VArVES AND RELEASES the City from any and all claims arising out ofor related to this Agreement, including the amount and type of Fees identified in Exhibit '"B" Owner's waiver and re]ea<;e of the City shall exclude any and al] claims arising out of or related to the City's breach of this Agreement 2. City agrees to defer tbe payment of the Fees for 12 months from lhe pemtlt 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 uccrue at the California State Local Agency Investment Fund (LA IF) Apportionment Rate, per annum, in effect on the date of the execution of this Agreement through the end of the Deferra] Period until paid ("Accrued InteresC). Interest will I:le applied on the first of each month. 5~~Y 4. Q\vncr on bcl1alf ofit5clf ~d its successors in interest" whether by inbcriwcc., gift. bcqucsL. devise., safe. conveyance, assignment,. or otll(~r meIhod oCtr.ln$rerring title or ntquiring intercst io or to any pnrt of the Project or Property (~SuccessorsJ. 3grces to pay the Fees and Accrued lnlcrcst with a certified cheek prior to or concurrent wilh the dulc on ...vhich the Defcrral Pcriod ends. 5. Owner agrees that if it fails to pay !he Fees and Accrued Interest in full prior the end of the DcJerral Period, City shnll withhold the final insp~tion or issu:mee of ccrtificn~ of c<<tJpnnc)'. i1S :lpplicablc. until P'lymcnl of Fees and Accrued Intcrest is made in full . 6. AU other rigbts of the parties shall n::marn unclmngcd, US nthe Fees....-ere paid at the time efpcrmil issuancc. Without rnniting the foregoing, the Fees pnj'i!ble shnll be !.hose in effect at the time ofc....ccution eCme Agreement as set fonh on Exhibit "'"B"'. 7. This Agreemenl shall be recorded by the City in the Omci::d Records of the COlmty of San Diego. Office of the COlmly ReCtlfder and shall constitute a !.ien for Lhe FetS and Aecrued Intcrest binding. upon and running. with the Property. If the. QWIlcr sells or trnnsfc.r:s the Property or nny portion oCtile Propcny in any manner. Property shall [j0{ be released from Dn}' ofthc oblig:llions. covcnnnts, or conditions under this ~ent relating to the Propen)' or pornon of the Property or Project being acquired. B. The burden oflhis Agreement shall be rel~cd from the title to the Propenyupon thc payment ofFecs and Accrucd Intercsl Within ten (l G) business day's following the p:l)'lTIeal oflhc Fees and Accrued Intcrcst, thc City shall c::o.:ecutc: a "Rele<lSc or Lien" (Exhibit ~C'1. whicI:J shall be in stomdard fonn,. approved,by the: City Attorney. re1~g the burden oftllis Agreemcnt Cram the Litle lO the Property, Failure ofthe Cily to e.,,"ccutc: Ihe Release of Lien v.itbin ten (lG) busincss days ofpaymenl of the Fees and Accrued Interest shalT nol be deemed a breach of this Agreement, provided City makl:S its best efforts to ~...eCUle lhe Releasc of Lien wilhin D n:nsonablc: time thereafter, 9. The Owner agrees: and is obligated to pay all COSlS associatcd \\;th the recording of the Agreement and Rclcnsc orUen. 10. Each signato!)' to this AgJl:::ement represents, warrunlS, and certifies thnt hcl5he bas the ,mlhoril)' to enlcr into this Agreement on khnlfofl.he OWncr, the agencieslcompaniesllrusts. respective officers. director:>. and/or trustees they represent (collectively -Applic:mtsJ and lhill \his Agreemenlshcll be binding upon nr:d constltwe an obligation o(1he Applic;mts. IN WITNESS WHEREOF. this Agreement is executed by the CITY OF CHULA VISTA acting by and through it's Mayor or dcsignalcd ilIld authorized representative thereto. and by the Owncr/ApplicanL Brookfield Ot.::1y RI7 lLC. Dale: \-~O-lO A Dcl<f\va:rc Limited Liability Company ~~~ ~ A,C.,<=;,-C. V.f. 11$ Dale: mE CITY OF CHULA VISTA. ~ California municipnl corporation By 15 Approved as to form :md lcg:l!ity this day of .20 Bnrt Miesfcld,. City Anomcy By: DcpUl}' City Auomcy .s-~~ EXHIBIT "A" LEGAL DESCRIPTION BLDG 24 A CONDOMINIUM IN ACCORDANCE WITH CALIFORNIA CIVIL CODE SECTION 135I (e), BEING DESCRIBED AS LIVING UNIT NO.'S 139 THROUGH 144 OF SECOND AMENDMENT TO FIRST SUPERSEDING CORDOVA AT WINDINGWALK CONDOMINIUM PLAN, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO DOCUMENT FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON APRIL 20, 2009 AS FILE NO. 2009-0202165. SAID CONDOMINIUM PLAN BEING RECORDED OVER LOT I OF MAP THEREOF NO. 15480, FILED IN TI-IE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON NOVEMBER 27, 2006. s-..<(p EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Cordova Phase 6 (BR09-0169) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Library DIF Fire DIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge TOTALS 0.21% Balance of Deferred Fees Interest* Balance Due @ Finallnspection** Interest Rate based on 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment Rate Balance Due at Final Inspection .~ Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) $ 45.00 $ 0.10 $ 15,651.00 $ 33.13 $ 1,475.04 $ 3.12 $ 2,600.00 $ 5.50 $ 10,021.20 $ 21.21 $ 3,192.00 $ 6.76 $ 4,764.00 $ 10.08 $ 5,364.00 $ 11.35 $ 6,432.00 $ 13.61 $ 337.00 $ 0.71 $ 5,985.00 $ 12.67 $ 156.54 $ 0.33 $ 9,474.00 $ 20.05 $ 65,496.78 $ 138.63 S"--.)7 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 CfTY CO CIL Dated: ;, I ~ LIEN AND DEVELOPMENT IMPACT FEE PA YMENT PLAN PROGRAM AGREEMENT BETWEEN BROOKFIELD OT A Y RJ 15/16, LLC AND THE CITY OF CHULA VISTA FOR TRELLIS PHASE 7, VILLAGE I I (NEIGHORHOOD R-I6) ," r )p ....~.... 0(.... RECORDING REQUESTED BY, AND 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 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 AM) DEVELOPMENT IMPACT 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 Brookfield Olav R15/16 LLC A Delaware Limited Liabilitv Comnanv ("Owner"), and the CITY OF CHULA VISTA, a California municipal corporation and charter city ("Cicy") with reference to the following facts: A Owner is the owner of that certain real property in the City OfChula Vista, County of San Diego, State of Cali fomi a, more particularly described on Exhibit "A" attached ("Property"). B. On December 6, 2005, the City Council of the City approved the Resolution No. 2005-399, Final Map No. 15234 also known as Trellis Phase 7 Villa2:e II rNei!!hborhoods R-I6) (the "Projecf'). C. Owner has applied for a building pcrmit(s) for (he Project. D. Upon the issuance of building permits, certain fees arc 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 "8", attached. Other fees or charges related to the Project, but not included in Exhibit "B", shall still be due anJ 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 COrd. No. 3120"), the City has the authority to defer Fees for 12 months from the permit issuance with an option to extend for an additionall2 months, at the sole discretion of the City Manager or hisfhcraesignee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non-residential Jevelopment, whichever is earlier. F. The City has found that the Fees are not immedia.tely needed for public improvements required to serve the Project; deferral of collection of Fees would encourage development vita] 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 fur 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 ]2 months from the permit issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager or his/her designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non-residential dcvelopmt:nt, whichever is earlier, pursuant to all the tenns 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 ofbui]ding permits and by executing this Agrt:ement WAIVES AL'JD RELEASES the City from any and all claims arising out of or related to this Agret:ment, including the amount and type of Fees identified in Exhibit "B" Owner's waiver and release ofthc City shall exclude any and all claims arising out cfor 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 hisfher 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, per annum, in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid ("Accrued lnteresf'). Interest will be applied on the rirst of each month. L- ..;2-.9 "",,) I 4. Q\\'1le1" on behalf of itself and ilS successOf5 in intereSt, whether by inheriL:lncc.. gift. bequest, devise. Sl1!.e., convey;ma; as:signmCDt, or other method oftr:.mSferring. title or acquiring interest in or to:my pmtofthe Project ar Propeny ("SuccessOl"Sh ilgrtts to p<lY the Fees and AcCrued Interest with a certified check prior to or concurrent wim the date on which the D~err.1l Period ends. 5. Owner agrees that ifit rciis tapay the Fees and Accrued lnt~t in fun prior iliecnil orlhe DcfcrmI Period. City shaJl \vithhold the final inspection or iSSlJllnce of ccrtific:ne of oct:upancy. IlS Zlpplicnble., until p:!yment of Fees and Accrued l'J?tcrest is made in full. 6. AU other rights of the pnrties sb<lll rcnmin unchu.oged. as if tile Fees were pnid ll:I. the time of pcnni! issuance. Withaullimiting the foregoing., the Fees pay:lblc shall be those in effect at the time of execution of the Agreement lIS set rOM on Exhibit "9", 1. This Agreement shilll be recorded by tile City in the Official Records of the County of San Diego. Office orthe County Recorder nne shDlI constitute a lien for the Fees and AcO'Ueli lnterest binding upon and running with the Property. Uthe Owner sells at' trnnSfers the Property or any portion ofl11e Propeny in any manner, Property shall not be: rclcnsed from:my ofme obligations. covenants, or conditions under this Agrecment'rclatinf!.lo the Propert)' or portion ofme PropcfIY or Project being. acquired. 8, The burden of this Agreement sholl be rele;l5l:d from the tille to the Propert)' upon the payment of Fee:> and Accrued Interest Within ten (10) business d.:lYs following the payment of th.c Fees ;md Accrued Interest. the City shall execute a "'R.elense oruen" (Exhibit "C"). which sh:1l1 be in S[amwd form,. appsoved by the City Attomcy~ rele&15mg the hurden ofthis Agreement from the litle to the property. Fal1ure orUte City to e.'tecute me Rcle:lSe ofUen \vithin ten (10) business days ofp:rjment oftbe FeC:S and Accrued Intcre5t.shDlI nol be deemed a breach Qfthis Agre:cmenL. provided City m-akes iLS best effortS to e:'l:ceute the Release of Uen \\ithin a reasonable time therem;.c:r. 9. The QWllcrag:rees and is obligated 10 pay all cnSlS moduled \Vim the recorcling oflhc Agreement and Release oruen. 10. Each signatory to this: Agreement rCpRSi:n1S. W<I.ITd.l1ts, and cenifies that he/she has the authority to enler into this Agreement on behalf of me Owner, the agencies/coropanicsluust.s, n::spcctive officers, directors.. Wldlor trustees they represent (collectively _ ApplicanlSl nnd thnt this A~ecmenl shaD be binding. upon and constitute l1n obligation of the Applic:mts. IN WrrNESS \kl-lEREOF. \his A~eement is excculed by !he CITY OF CHULA VIST ^ acting. by and throug.h it's Mayor or desigmncd and authorized representativc thereto, und by me Owner/Applicmlt. o.t,,-J~d--O- \0 Brookfield Otay RI5116 UC, ~ Limited Liabilit}'Company .B~~ ~ lIS ~S\.' \ / e . THE CITY OF CHULA VISTA. Dale: A Califomia municipal carpontioR By Is Appruved :lS 1.0 (ann nnd )cgalil)' this _da)'of .20 Boa Miesfcld. Cit}' Attorney By: Deputy City Anomey I;, ::::?t'"'I _..~ ~....,.l EXHIBIT "A" LEGAL DESCRIPTION LOT 18 OF MAP NO. 15234 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28,2005 AS FILE NO. 2005-1109168. ..S" -,3.( EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Trellis Phase 7 (BR09-0131) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Library DIF Fire DIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge TOTALS $ 45.00 $ 0.10 $ 3,478.00 $ 7.36 $ 307.30 $ 0.65 $ 525.00 $ 1.11 $ 1,670.20 $ 3.54 $ 563.00 $ 1.19 $ 517.00 $ 1.09 $ 1,243.00 $ 2.63 $ 1,072.00 $ 2.27 $ 160.00 $ 0.34 $ 1,330.00 $ 2.82 $ 26.09 $ 0.06 $ 1,579.00 $ 3.34 Balance of Deferred Fees $ 12,515.59 $ 0.21% Interest per Month* Balance Due at Finallnspection** 26.49 Interest Rate at 2.54% per year (CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment.Rate) Balance Due at Final Inspection = Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) ,.C' .3..z \".,,,i RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO. CWiOF CHULA VISTA AUn: No transfer tax is due as this is a conveyance to a public agency of less than a fee interest fOf 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 llvfPACT FEE PA Y1v(ENT PLAN PROGRAlvI AGREEMENT ("Agreement"), dated .20-, fOf reference only and executed on the date on which the last party signs, by and between Brookfield Otav R 15116 LLC A Debwarc Limited Liability Comoanv ("Owner"), and the CITY OF CHULA VISTA, a Californi3 municipal corporation and charter city ("City") with reference to the following facts: A. Owner is the owner ofiliat certain real property in the City OfChula Vista, County of San Diego, State of Cali fomi a, morc particularly described on Exhibit "A" attached ("Property"). B. On December 6. 2005. the City Council of the City approved the Resolution No. 2005-399, Final Map No. ] 5234 also known as Trellis Phase 7 Villa!?e 1] rNei!!hborhoods R-16i (the "Project"). C. Owner has applied for a building permit(s) for the Project. D. Upon the issuance of building peffilits, 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 "8", shall still be due ani:l payable to the 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 of Owner to pay such additional fees and charges. E. Pursuant to City Ordinance No. 3120 ("Ord. NO.3 120"). the City has the authority to defer 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 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 vita] 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 ddcrral 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, priur to the issuance of building penn its. in order to defer the payment oflhe Fees. H. City and Owner desire to enter into this Agreement deferring payment of the Fees for 12 months from the pemit issuance with an option to extend for an additionall2 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, pursuant to all the terms and conditions of this Agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: I. Owner agrees and ad.llowledges that it is obligated to pay all Fees in type and amOllnt identified in Exhibit "8" and such Fees are due and payable upon issuance of building pemits 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 "8". Owner's waiver and release of the City shall exclude any and all claims arising out of or related [0 the City's breach of this Agreement 2. City agrees to defer the payment of the Fees for] 2 months from the permit issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager or 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, per annum, in effect on the date of the execution of this Agreement through the end ofllie Deferral Period until paid ("Accrued Interest"). Interest will be applied on the first of each month. $)-33 -,_.._..,-- -._~. .,- ..-.-,~---.- ...-..,-.. 4. Q\mef on behalf of itsdf oM jlS sue~ors in inIerest., whether by inherilMce. gift. bequest, devise, sale, I:OOveynnce., assignment.. Of other melhod of lJ41TlsfdTing title OJ'" ilcquiring icterest in or to any pM oflhe Project or Propeny ("Succt:SsoJS)., n~ to pay the Fees and Accrued Interest \\;lh j] certmed chc:ck prior to or concurrent with the dale on wbich the Defe:rrnl Period ends. 5, Owner agrees that iril faiis to pay theFccs :mdAecrued IntereSt in full prior the~ orme Deferrnl Period, City shall \vilhhold the final inspection or issui1J1ee of certificate of oct:upanc.y, llS applicable., until payment ofFec:s and At;CIUCd li!tcrcst is made in fulL 6, All other rights of the parties shnll remain unchungcd. as if I..he Fcc=s were pnid Ilf. the time of permit isStr.lJlec. WithouIlimitinll the: foregoing,. the: Fees payable shall be those in effect at the time of execution oflhe Agreement >IS set rOM 00 Exhibit "B", 7. This Agreement shalt be rccorded byl11C City in the Official Records oftheCoUDty of San Diego, Office oelhc County Recorder nnrl shnl! constitute a lien for the Fees and Accrued Interest binding: upon and running. wim the Property. lfthe o.\l1erSeUS or tranSfc~ me Property or:my portion oflhe Property in nny m:mner. ProFeny shall not bctcle:!Sed from any oflhc obligntions. covenonts, or conditions under this Agreement rdating to the Propert)' Dr ponion o.flhe rropc:ny or Ptojcct being IlCquircd. 8. The hunkn oftbis Agrc:tmc:nt sholl be releosed from the titk to !.he Property upon the payment of Fees and Accrued Interest Within Ien (10) business days following the paYmcrlt of the Fees nnd Accrued Inten:st,.l.be City shml o:ccnte a "Rcrense arUen" (E.."hibit-C"). wh.ich sh:1l1 be: in st.and;u"d ronn. approved by the City Auomey, releasing the burden. of this Agreement from the title to the Property. Failure oflhe City to e..-:ecUle the Rc.Jease ofUen \\;thin len (0) business days of payment oftbe Fees and ACC"1lcd Interest shall n01 be deemed n bream of this Ag:recmenL, provided City mnkes its b:esl effoJ1S to e.'(ecUIC the Release of Uen \\;tllin a reasonable time thereafter. 9. The Owner agrees nnd is obJjgated to pay all costs associated with the recording orthe Agreemenl and Rcle:lSC ofLim. 10. Each signatory to this Agreement represents, w;u1"lUlts, ond cenifies that he/she bas the authority 10 enter into !his Agreement on behalf of !he Owner, the agcnci.eslcompMies1trust5, respective officers, directors. and/or lrUstees they represent {collectively _ ApplicanlS'"} nnd tbl1t this Agreement sh3U be bmding upon ;md constitute an nbligation afme Applic:mts. IN WITNESS 'kliEREOf. this Agreement is execuled by the CITY OF CHULA V}ST ^ acUng. by and through ifs Mayor or designated and authorized rcprcsenl.ath'e thc:reto.. <md by the O\\llcr/AppliclI01. o"",-j-d-O- \0 Brookfield Qtay RI5/16 UC. ~ Umiled UabilityCompany B~~ ~ lIS f'r(bS'{, \ / f . Dale: THE CiTY OF CHULA VISTA. A California municipl1i corpor.u.ion By Is Approvcd :r; 10 form nnd legali~' this _dayof _20 BaIt Micsfcid. City Attorney By: DeputyCity Anomey / S~ .:..y EX'HTBIT "A" LEGAL DESCRIPTION LOT (9 OF MAP NO. 15234 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28,2005 AS FILE NO. 2005-1109168. $-.3s EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Trellis Phase 7 (BR09-0132) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Library DIF Fire DIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge TOTALS Balance of Deferred Fees 0.21% Interest per Month' Balance Due at Finallnspection** $ 45.00 $ 0.10 $ 3,478.00 $ 7.36 $ 307.30 $ 0.65 $ 525.00 $ 1.11 $ 1,670.20 $ 3.54 $ 563.00 $ 1.19 $ 517.00 $ 1.09 $ 1,243.00 $ 2.63 $ 1,072.00 $ 2.27 $ 160.00 $ 0.34 $ 1,330.00 $ 2.82 $ 26.09 $ 006 $ 1,579.00 $ 3.34 $ 12,515.59 $ 26.49 Interest Rate at 2.54% per year (CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment-Rate) Balance Due at Final Inspection = Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) .s- - 3~ RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: CITY OF CHULA VISTA Attn: No transfer t::LX is due as this is a conveyance to a public agency ofless 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 ("AgreemenC), dated . 20---, for reference only and executed on the date on which the last party signs, by and between Brooktield Olav R15/16 LLC A Delaware Limited Liahilitv Com~ ("Ovmcr"), 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 OfChu]a Vista, County of San Diego, State of Cali fomi a, more particularly described on Exhibit "A" attached ("Property"). B. On December 6, 2005, the City Council of the City approved the Resolution No. 2005-399, Final Map No. 15234 also known as Trellls Phase 7 Villaae II rNeig:hborhoods R-16) (tht: "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 devdopment, and California Govt:rnment Code Sections 66000 et. seq ["Fees"]. The Fees applicable to the building pemits are more particularly described on Exhipit "B", attached. Other fees or charges related to the Project, but not included in Exhibit "B", shall still be due arid 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 wilh an option to extend for an additional 12 months, at the soh: 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 Owm:r desire to enter into this Agreement deferring payment of the Fees for 12 months from the permit Issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager or hislher designee, or until the 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 pennits and by executing this Agreement \VArVES 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 dcfer the paymt:nt of the Fet:S for 12 months from the pemit 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 dcvelopment, whichever is earlier ("Deferral Period"). 3. Interest shall accrue at the California State Local Agency Investment Fund (LAIF) Apportiotlment Rate, pei- annum, in effect on the date afthe execution of this Agreement through the end of the Deferral Period until paid ("Accrued Interest"). Interest will be applied on the first of each month. .,::)--37 4_ Owner on behalf o,filSelf and its successors in interest, whewer by inheri~cc:. gift. bequest, devise, snk. conveynnce., ilSSignmcnl, or other method of L-ansfaring tiue or <1Cquirin:; ioterest in or 10 any part of the Project or Propwy ("SllCt1:S50fS'). ll:grtts to Pily the Fees and Accrued Inlercst v;iili a certified check prior \0 or concurrent with the date on which the Deferr.l! Pcriodends. 5. Owner agrees that ifit fmls 10 pay the Fees and Accrued InLCn:Sl: in full prior the end of me DefcttaI Period, City shall withhold the final inspection or issuance of certificate oToccupancy. os npplicWle, until pa)mcnt of Fees and A{:Crucd lq.tcrest is made in full. 6, All other rights oflhc pnnies shall remain unchnnged., as if the Fees were paid tlllhe time of permit isstmnce. WithaUl Jjmitin~ the foregoing.. the Fees payable sh11l1 be those in effect at the time ofexcc:ution oflhe Agreement [IS set ronb on Exhibit "B", 7. This Agrcemcf't shall be recorded by Ibe City in the Official Records of the County QfSan Diego, Office of the County R(:COtdcr una shlll\ constitute a lien for the Fees and Accrued Interesl binding upon and naming with the Propcrty. lfthe O'...ner sells or tranSfers the Propert)' or any portion oCthe property in IlI1Y manner. Property shan not be rclezed from any oCme obligations. COVl:n;ml5. or conditions UTlder this Agreement rclating.to the Property or portion of the Prcpcrty or rroj~ bcmg.ncquired. 8_ The burden ofUtis Agre.ement shllll be reh:ascd from the title to the Property upon the payment ofFet:S and Accrued Interest Within ten (lO) business chl)-s following the payment oflhc FeCS and Accrued Interest., theCit}' shan C':'\eente a "Release of Lien'" (E.-.hibit -en). which. shall be in standard form. appwvcd by the Cil~' Attorney, relensing.lhe burden ofthis Agreement from the titk to the property. Failure of the City to execute: the Re:1ease oruea within len (lO) busincss d:l.)'S ofp:l.yment oftbe Fees und Accrued Int~t shOOI not be deemed a breach of this Agreement.. provided Cit)' mnkes ilS best effol1S to c:tccute the RclCllSe of Uen ....ithin a rnlSQnable timc thCfc:aft~. 9. The OwncragrttS and is obli::.nted 10 pay all ClJsts associated \\ith the recording oflhe Agreement and Rc:ler1Se oruen.. 10.. Each signnloty to this Agreemenl rcpn:sc:nts. wzmnts. 3..'ld certifies thnl he/shc has \he authority 10 enler into !his Agreement on bch:1lf of !he Owner, the m:.cncies/comP'3J\icsJuusts, respective ol1iccrs. di:rectors. and/or trustees they represent (collectively -Applicants") nnd thllt thiS Agreement shall be binding upOD :md constitute no oblig::ation Qfthe Applicants. IN WITNESS \Vl-lEREOf. this Agreement is (:.'(cculed by the CITY OF CHULA VISTA acting by and through 11's Mayor or designated and authorized represenlath'e tbcrelO~ and by the Owner/Applicant. Datc:-,~a-o- \0 Brookfield Otay RI51l6 UC. ~ Limiled Liabilif}'Compnny -B~~ ~ lIS /'(:'S-f(. \ / e . THE CITY OF CHULA VISTA. DOlte: A Dlifomiil munidpw Corpor.IliOD By is Approved as 10 fonn and l~it)' lhis dilror .26 Bart Mi\:sfcld, City Attorney By: DeputyCil)' Anomcy ~-- .:31/ EXHIBIT "A" LEGAL DESCRlPTION LOT 49 OF MAP NO. 15234 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28,2005 AS FILE NO. 2005-1109168. s--. .:5 ~ EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Trellis Phase 7 (BR09-0133) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Library DIF Fire DIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge TOTALS $ 45.00 $ 0.10 S 3,478.00 $ 7.36 $ 307.30 $ 0.65 $ 525.00 $ 1.11 $ 1,670.20 $ 3.54 S 563.00 $ 1.19 $ 517.00 $ 1.09 $ 1,243.00 $ 2.63 $ 1,072.00 $ 2.27 $ 160.00 $ 0.34 $ 1,330.00 $ 2.82 $ 26.09 $ 0.06 S 1,579.00 $ 3.34 Balance of Deferred Fees $ 12,515.59 $ 0.21% Interest per Month* Balance Due at Finallnspection** 26.49 Interest Rate at 2.54% per year (CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 ApportionmentRate) Balance Due at Final Inspection = Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) s~yb RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: CITY OF CHULA VISTA Atto: No transfer tax is due as this is a conveyance to a public agency ofless 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 UvlPACT FEE PA Y1v1ENT PLAN PROGRAM AGREE11ENT ("Agreement"), dated ,20---, for reference only and executed on the date on which the last party signs, by and between Brookfield Otav R151l6 LtC A Delaware Limited Liability Comoanv ("Owner"), and the CITY OF CHULA VISTA, a California municipal corporation and charter city ("City") with reference to the following facts: A. Owner is the owner of that certain real property in the City OfChula Vista, County of San Diego, State ofCa]ifomi~ more particularly described on Exhibit "A" attached ("Property"). B. On December 6, 2005, the City Council of the City approved the Resolution No. 2005.399, Final Map No. 15234 also known as Trellis Phase 7 Vil!a<"Je II rNcie:hborhoods R- I 6) (the "Project"). C. Owner has applied for a building permit(s) for the Project. D. Upon the issuance of building penn its, 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 pennits are more particularly described on Exhibit "B", attached. Other fees or charges related to the Project, but not included in Exhibit "B", shall still be due and payable to the City in accordance with the City Municipal Code. Omission of such additional fees and charges from Exhibit "B" shall not be a waiver 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 penn it issuance with an option to extend for an additional 12 months, at the sole discretion of the City rytanager 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 coltection 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 defening 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 tenns and conditions ofthis Agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: L 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 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, per annum, in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid ("Accrued mterest"). Interest will be applied on the first of each month. s~ y:/ .. .--~ ':"_. 4_ Q\rner on behalf of ilSclf and its successors in intcn::sl., whether by inberi~cc.. gift. b~cst,. oevise, scle., conveyance, assignmc:nt, or other mcthod aflr.lnSfcning title ar acquiring icterest in nr to:my pmtoflhe Project or Propcny ("Succes-sors'). ;1~ to pay the FctS nnd Accrued Inlerest with a certified check prior 10 or concurrent wim the dale on which the Deferrnl Period ends. S. Owner agrees that ifit f~1s 10 pay the Fees and Accrued lntefCit in full prior the end oflhc Dcfrm1lf Period, City shall \vilhhold the final inspection or issuance of cenific:J.tc of ott;upancy, as applicable, until p<1)ment ofFccs omd Accrued It;ltcrest is made In full. 6. All olher rights orthe parties sh:111 remain unchanged, as if lile Fees were paid M the time of permit isst:l:mee. Withoullimiling the foregoing., the Fees pily:1bIc shall be those in effecl ill the time of execution cflhc Agn:emenl :IS set rOM on Exhibit w8". 7. This Agreemenl shall be recorded b~' [he City in the Official Records of the County of San Diego, Office of the Count)' RCCOTdcr nnd shall constitute alien for the Fees;md Accrued Interest binding upon and running. with the Propcrt)'. If the o...-ner sells or transfers lhe PropeIt}' or any portion ofllie Propeny in any rrumner. Property shall not berclensed from:my oflhcobligrlllolls. coveniJllts, or conditions under this Agrf:l:ment relating 10 the Propert)' or portion of me Property or Project being nc:quircd. 8. The bunkn of this Agreement sholl be rcle~d from the Lide LO Ihe Property upon the payment ofFee:s and Accrued Inlaest. Within ten (10) business dJ.}'s following the: payment ofthc Fces lUld Accrued Interest, !.he City shilll execute a "R.d~e ofL1cn- (E...xhibit "C"). which shall be in standard form. approved by the City Attorney, releasing the burden of this Agreement from the title \0 me Property. Failure oflhc City to excCUlc the Release orUen '\'I.ithin len (0) business days ofp:l}'ffit:ot of the Fees and Accrued Intcrestshall not be deemed a breach of this Agreement. pr-ovided City mnkc:s il.s best effortS to execute the RclCllSe of Uen within a n:asonablc: lime thcre:nfter. 9. The Qwneragrees and is obligaled 10 pay llll CtlSlS associated with the recording orlhc Agreemenl and Release oruen. 10. Each signmmy to this Agreement rcpres(:1)lS, W,JJ'TOU1lS. and certifies that bdshe has the authority to enler into this Agreement on behalf ofIhe Owner, the agencies/comp:miesltrU5lS, respective officers, directors. and/or trustees they represent (collcc;tivc!y -Applicants") and thnt this A~e:e:ment sh:lU be binding upon and constitute an obtig:ltion oflhe AppliCOUlts. IN WrrNESS WHEREOf. this Agreement is c.xcculcd by the: CITY OF CHULA VlST ^ acting by :md tbroogh it's Mayor Of designated and authorized reprcseolative lhcreto. and by the O\\ller/Appliew'll.. Oa'" ,~a-o' \0 Brookfidd Olay RI:5Jl61..LC, ~ Limited UabilirrCompany .B~~ ~ 115 ~S't. \ If, THE OTY OF CHULA VISTA. Dale: A California munit;ip41I eorpor.Uion By Is Approvet1 as to fonn nnd lcgalil)' Ulis _da;.'or .20 Burt Micsfeid. Cit}' Attorney By: Deputy City Anomey / S--.f&..J- EXHIBIT "A" LEGAL DESCRIPTION LOT 52 OF MAP NO. 15234 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28,2005 AS FILE NO. 2005-1109168. ..$:43 EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Trellis Phase 7 (BR09-0134) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Library DIF Fire DIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge TOTALS $ 45.00 $ 0.10 $ 3,478.00 $ 7.36 $ 307.30 $ 0.65 $ 525.00 $ 1.11 $ 1,670.20 $ 3.54 $ 563.00 $ 1.19 $ 517.00 $ 1.09 $ 1,243.00 $ 2.63 $ 1,072.00 $ 2.27 $ 160.00 $ 0.34 $ 1,330.00 $ 2.82 $ 26.09 $ 0.06 $ 1,579.00 $ 3.34 Balance of Deferred Fees $ 12,515.59 $ 0.21% Interest per Month* Balance Due at Finallnspection** 26.49 . Interest Rate at 2.54% per year (CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 ApportionmentRate) .. Balance Due at Final Inspection = Balance of Deferred Fees + (Interest per Month x Number 01 Months Deferred) s-r:/v- RECORDING REQUESTED BY, AND 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 than 3 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 llv!PACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("Agreement"), dated ,20--, fOf reference only and executed on the date on which the last party signs, by and between Brookfield Olav R 15/16 LLC A Delaware Limited Liability Comnanv ("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 o((hat certain real property in the City OfChula Vista. County of San Diego, State of Cali fomi a, more particularly described on Exhibit "A" attached ("Property"). B. On December 6, 2005, the City Council of the City approved the Resolution No. 2005-399, Final Map No. 15234 also known as Trellis Phase 7 Village II rNeinhborhoods R-16) (the "Project"). C. Owner has applied for a building pennit(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"J. The Fees applicable to the building pennits are more particularly described on Exhibit "B", attached. Other fees or charges related to the Project, but not included in Exhibit "B", shall still be due anCl 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 COrd. No. 3120"), the City has the authority to defer 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 hislher designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non:residentia] development, whichever is earller. 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 vita! 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 ext:cute a contract with the City, prior to the issuance ofbui]ding permits, in order to dder 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 caH 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: L 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 lUld payabk: upon issuance ofbuildmg pennits and by executing this Agreemt:nt WAIVES AND RELEASES the City from any and all 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 afar related to the City's breach of this Agreement 2. City agrees to defer the payment of the Fees for 12 months from the penn it issuance with an option to t:xtend 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, per annum, in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid ("Accrued mterest"). Interest will be applied on the tirst of each month. S-j/6 4. O\vner on behalf of itself and its successors in interest, whcthcr by inberiltlncc. gift. bequest, devise, sale, I:Ol1veyance. US5i~cnt, Of other method of tr.mSferring. title o. acquiring interest in or to any pan oflhe Project or Propcrry ("Successors), agrees tD pOl)' the Fees and Accrued intereSt "\lith a certified check prior to Q.concurrent with the date on which the Deft:tral Period ends. 5. Owner agrees that if it fcits to pay the Fees and Aecruerllnterest in [ull prior the end of me Deferral Period, City shall withhold the final inspection or iSSlJance of ccrtific:m or occupancy. ns ll.ppticabte, until po'lymcnt ofFcc:s and Accrued Il;Ltcrc:st is mnde in full. 6. All other rights: of the parties shall remain unchunged. as iftllC Fees were paid M the time ofpenni! issu::mcc. Without limiting the foregoing, the Fees payable sociI be these in effect at the lime of execution of ~e Agreement tIS SCl. forth on Exhibit "B". 7. This Agreement shall be recorded by Ule Cit)' in the Official Records of the County orSan Diego, Office oflhe Count)' Rerordcr and shall constitute :a licfl for the Fces and Accrued Intefesl binding upon and running. with the Property. Irthe Owner sells or tranSfers the Property or any portion oflhe Property in any nmnner. Property shall nol be rcle:tScd from:lIlY afme obligntions, covenants, or conditions under this Agreement rclatiIl~ to the PfOpeny or portion of the ProperlY or projcxt being l!cquired. 8. The burden ortllis Agreement sholl be released from the titlelD the ?fapen}' upon the payment of Fees and Accrued Interest Within ten (10) business d<tys following the payment of the Fees nnd Accrued Intere51.., the City shall o:cente a "R.ctensc oruen" (E.xhibit -C"). which shall be. in s!::lndard fonn.. "-PPfOved by the City Atlomey~ releasing Ihe- burden ofthis Agreement from the title 10 the Prop~'. Fal1ure crUte City 10 execute the Release orUen \'\.ithin ten (0) business days Ofp3}'lTlent oftbc Fees and Aecrued Interest shall not be deemed a breach oflhis Agreement., provided Cit). makes iLs best effortS to C-'teeute the RdclISe of Uen within:L reasonabll: time thereafter. 9. TIle Owner agrees nnd is obligated to pay all COSlS associated with the recording orme Agru:mcnl and Release ofUen. 10. Each signalOf)' to this: Agreemenl represents, w:rrrants. and cenifies th"-t he/she has the authority to enll:l" iota this Agree:ment on bch:llf of the Owner, the agencicsfcomp:mie:sJtrusts, n~spective officers. directors, :LJldlor lrustees they reprtS~t (colIc:ctivdy _ ApplieanLS") and that this Agreement shall be binding upon and constitute om obligation of me Applicants. IN WiTNESS WHEREOF. this Agrccmenl is c..'tcculerl by the CITY OF CHULA VISTA acting. by and throogh it's Mayor or dr:si~alcd and authorized f1qIrcsentauve there!o. and by the Owner/AppliclIn1.. 0.,,:-/- C}-o- \0 Brookfield Olay RI5116llC, ~~ ~ Its f\bS'(, \/ f' Date:: THE CITY 0, CHULA VISTA. A California municipal COfpor;1tioD By Is Approved as to Conn and legulil)' this _day of .20 Bart Mitsfcld,. City Attorney B)': Dcputy ell)' Allomey -S-- V'- EXHIBIT "A" LEGAL DESCRIPTION LOT 14 OF MAP NO. 15234 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28,2005 AS FILE NO. 2005-1109168. S>r;?7 EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Trellis Phase 7 (BR09-0135) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Library DIF Fire DIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge TOTALS $ 45.00 $ 0.10 $ 3,478.00 $ 7.36 $ 307.30 $ 0.65 $ 525.00 $ 1.11 $ 1,670.20 $ 3.54 $ 563.00 $ 1.19 $ 517.00 $ 1.09 $ 1,243.00 $ 2.63 $ 1,072.00 $ 2.27 $ 160.00 $ 0.34 $ 1,330.00 $ 2.82 $ 26.09 $ 0.06 $ 1,579.00 $ 3.34 Balance of Deferred Fees $ 12,515.59 $ 0.21% Interest per Month' 26.49 Balance Due at Final Inspection" Interest Rate at 2.54% per year (CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment.Rate) Balance Due at Final Inspection = Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) s-f/-(f 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 consideratiun has been paid or received" For Recorder's Use Only LIEN AND DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT THIS LIEN AND DEVELOPlvIENT I:i\lPACT FEE PA ThIENT PLAN PROGRA\1 AGREEMENI ("AgreemenC), d:lted .20---, for reference only and executed on the d<.lte on which the last party signs, by and between Brookfield Otav R15/16 LLC A Delaware Limited Liability Comnanv ("Owner"), and the CITY OF CHULA VISTA, a California municipal wrporation and charter city ("City") with reference to the following facts: A. Owner is the owner afthat certain real property in the City OfChula Vista, County of San Diego, Stale of Cali fomi a, more particularly described on Exhibit "A" att:lched ("Property"). B. On December 6, 2005, the City Council of the City approved the Resolution No. 2005-399, Final Map No. 15234 also known as Trellis Phase 7 Village II (Neicrhborhoods R.lo) (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"J. 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 "8", 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 C'Ord. No. 3120"), the City has the authority to defer Fees for 12 months from the pennit issuance with an option to extend for an additional 11 months, at the sole discretion of the City Manager or hisfher 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 tinal inspection or certificate of occupancy until Fees are paid; lli1d 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 issulli1ce with an option to extend for lli1 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 OCCUPlli1cy tor non-residential development, whichever is earlier, pursuant to all the tenns and conditions of this Agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS. 1. Owner agrees and acknowledges that it is obligated to pay all Fees in type and amount identified in Exhibit "B" and such Fees are due and payable upon issuance of building pennits and by executing this Agreement WArvES AND RELEASES the City from any and all claims arising out of or related to this Agreement, includmg 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 afar related to the City's breach of this Agreement 2 City agrees to defer the payment of the Fees for 12 months from the pennit issuance with an option to extend for an additional 12 months, at the sole discretiun 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"). J. Interest shall accrue at the California State Local Agency Investment Fund (LAlF) Apportionment Rate, per annum, in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid ("Accrued Interest"). Interest will be applied on the first of each month. ~-:- r/9 _~. ...u__u.'-:.. 4. Q\'''ll~ on behalf of itself and jlS successors in interest,. whctbc:r by inberiLm1cc.. gift. bequest. devise. s:1k.. conveyance. assignmcnt., or other method of tr.JnSferring title or Olcquiring interest in or 10 any p:m of the Project or Propcrry (''SUCCC:S5oJSJ, L1grtts to pOly the fees and Ac:crued InIClCSl with a etttificd check prior to or concurrent wim the dale on which the Deferrol Period ends. 5. Owner agtl:~es thal irit f<1i1s to pay the Fees and Accrued Interest in full pricr the end orlhe DcfemJl Period, City shall withhold the final inspection or i~ance of ccrtific:nc of ~upancy, ns applicable.. until payment ofFecs and Accruc::d lntertSt is mnde in full. 6. All olherrights of the parties shall remain uncbnnged. as if the Fees were paid Dllhe time ofpcnnil issu:mcc" WiLioullimitinll the foregoing., the Fees payable shnli be those in effect at lhe time ofexcculioD of the Agreement us set ronh on Exhibit "B". 1. This Agreement shall be recorded b}" the Ciry in the Official Records oftheCounry of San Diego, Office oflhe County Rc<<JTdct and shall cons\itute a lien fortlll: Fct:S:md AcOtled Inla1:St binding upon and nmnin~ with the Property. lfthc Owncrsclls or t.'1lllSfers the Propert}' or any portion oflhe Property in any l\lllIlJ1Cf, ?rop~rty shall nOl be re1eas~rl from:my ofthc obligoliolJs, coven;mls. or conditions under this Agreement relating 10 the Property or ponion orlhe Property or Project being ncquircd. 8. The burrlt:n of this Agreement shnll be rele;LSCd from the lilte to thl: Property upon the: payment of Fees and ACCT\Ied Interest. Within tcn (1 O) business days following the payment of the Fces imd Accrued lnle~ the City shall execute a "RclclISe ofLicn" (E.~ibit "C"). which shall be in starllmrd form. appfOvcd by the City Attorney. releasing thc burden of this Agreement from the title to the Propert}". Failure: of the City 10 e.'l:ccule the Rdc<lSC ofUcn \,-ithin ten (10) business dnys ofp::t.yment oflhe Fees and Accrued Interest shal1 not be deemed a bre:l1~h of this Agreement, provided City mnke:s its Desl effortS to execute the RclelISc of Lien \.\ithin.:t. reasonable lime thcrenfter. 9. The Owner agrres and is obligatcd 10 pay :::Ill costs :::lS:!iociuted wilh the recording of the A~rnent and Release oruen. 10. Each sig.n::s1ot)' to this: Agreement represents, W:JJlOlnlS, O11d ccnifies th;lt he/she has the authority to enter iOla lhis Agrecmcnlon behalf of the Owner, the agencicslcolIlpnnics!trustS. respective officers. direclors. ;JJld/or trustees they represent (collectively -Applicants'") and th:n this Agreement shall be binding upon and constitute an obligation orme Aflplicnnts. IN W1TNESS WHEREOF.1his Agreement is execuled b)' the CITY OF CHUl.A V}ST A acting. by and lhrough it's Mayor or dlSignillcd and authorized Tqlresentative thereto.:md by the Qwner/AppliClltl1.. J);>t,,-,~a.-o' \0 Brookfidd Otay Rl51l6 LLC. ~ Limiled ~bilitrCOmpany -B~~ ~ 'I; ~S\.. II e . TIlE CITY OF amLA VISTA. Dale: A California municipal carpor-ulan By Is Approved i1S to fonn and tcgmit.y litis _darof .26 Bart Mit.'sfcld.. Cit)' Attorney By: Deputy Cll)" Anomey ~--:..-~() EXHIBIT "A" LEGAL DESCRIPTION LOT 16 OF MAP NO. 15234 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28,2005 AS FILE NO. 2005-1109168. 5~.s/ EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Trellis Phase 7 (BR09-0136) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Library DIF Fire DIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge TOTALS $ 45.00 $ 0.10 $ 3,478.00 $ 7.36 $ 307.30 $ 0.65 $ 525.00 $ 1.11 $ 1,670.20 $ 3.54 $ 563.00 $ 1.19 $ 517.00 $ 1.09 $ 1 ,243.00 $ 2.63 $ 1,072.00 $ 2.27 $ 160.00 $ 0.34 $ 1,330.00 $ 2.82 $ 26.09 $ 0.06 $ 1,579.00 $ 3.34 Balance of Deferred Fees $ 12,515.59 $ 0.21% Interest per Month* Balance Due at Finallnspection** 26.49 Interest Rate at 2.54% per year (CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment. Rate) Balance Due at Final Inspection = Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) ~.:S;L RECORDING REQUESTED BY, AND WHEN RECORDED MAlL TO' CITY OF CHULA VISTA Atto: No transfer tax is due as this is a conveyance to a public agency of less than a fec interest for which no cash consideration has been paid"or received For Recorder's Use Only LIEN Al'.'O DEVELOPMENT IMP ACT FEE PAYMENT PLAN PROGRAM AGREEMENT THIS LIEN AND DEVELOPMENT IMPACT FEE PA ThlENT PLAN PROGRAM AGREElvfENT ("Agreement"), dated . ,20----, for reference only and executed on the date on which the last party signs, bv and behveen Brookfield Otav R15/16 LLC A Delaware Limited Liabilitv Comoanv ("Owner"), and thr;: CITY OF CHULA VISTA, a California municipal corporation and charter city ("City") with reference to the following facts: A. Owner is the owner cfthat certain real property in the City orChula Vista, County of San Diego, State of Cali fomi a, more particularly described on Exhibit "A" attached ("Property"). B. On December 6, 2005, the City Council of the City approved the Resolution No. 2005-399, Final Map No. 15234 also known as Trellis Phase 7 VillaO"e II (Nei!!hborhoods R-16) (the "Project"). C. Owner has applied for a building permit(s) for the Project. D. Upon the issuance of building permits, certain fees arc 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 "8", 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 La 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 cl;;rtificate 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 nol 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 defcr 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 aU 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 "8" and such Fees are due and payable upon issuance of building penuits 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 "8". 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 dcsigm:c, 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. Inten:st shall accnte at the California State Local Agency Investment Fund (LAlF) Apportionment Rate, per annum. in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid ("Accrued Interest"). Interest will be applied on the first of each month. ..5)-:;-3 ..._.....__..,... __..n~__-'..C' 4. Owner on behalf of ilSdfand ilS successors in interest, whether by inberilnnce.. gift. bequc:st., devise:. sale:. convcy:l1l:ce:, assignment, or other method of tr.mSferring tille Of <:lcquiring interest in or to :my p:ut of the Project or Propeny rSueeessms'1. agrees ,0 pOly the fctS :md Accrued Intercst with i1 certified check prior 10 or concurrent with the date on which the Deferral Period ends. 5. Owner ::IgrCe5 that jOt fails to pay the Fees and Accrued lntert$t in full prior the end oflhe DefcrmJ Period, City shall wi!hhold the finnJ inspection or issuance of cenific:Jlc of occupancy. IlS applicable, until payment ofFccs and Accrued lij,terest is mode in full. 6. All other rights of tile punies sh:lll remain unchnnged, as iflhe Fees were paid llI.lhe lime of penn it issu:mce. Wimoullimitil1g the foregoing., the Fees payable shalt be those in eff~t at the time of execution oflhe Agreement as set rOM on Exhibit "S", 7. This Agreement shall be recorded by Ule City in the Official Records oflhe County of San Diego, Office of the County Recorder nnd shnU constitute :J lien for the Fees and ACO'\led lnterest binding upon and runnilJg. with the Propcrty. If the Owner sells or transfers the Property or:my portion of the Property in any mnnner, Property shall nol be released from mty aflhc obl1gnlions. covennnlS, or conditions under this Agr~ment relating 10 me Property Of portion of the Property or Project being !lCquircd. S. The burrlcn oftlli:s Agreement shall be relc;JSCd from the tille to lhc ?copen}" upon the payment of Fees and Accrued Interest Within ten (1 O) business days following the payment of the Fees and Accrued lnterest,. lhe City shall o;:COle a "'R..densc ofUen- (E.'\hibit -C"). which shall bi!. in standard form. approved by the City Attorney, releasing the burden ofthis Agrccmcnt from the title 10 the Property. Failure of the City to execute the Release orUen withinlen (10) business days ofpa}meOl eflhe Fees and Accrued Interest shall nol be decmed a breach of this Agreement. pr-ovirled City mnkes ilS best effortS to e.'l:eCUle the R.elease of Lien wilhin:t. reasonable lime thereafter. 9. The Qwncragrees and is obligated 10 pay all coSts associilled with the recording oflhe Agreement;md Release oftien. 10. Eilch sign:l!Dry to this Agreement represents. w:JJr.UIts. and certifies that he/she bas the t:luthorit)' to enter inl() this Agreement on bcholf of the Owner, the agencicslcompanicsltrusts, respective officers, directors. and/or trustees they represent (collectivcly -Applic:mts") m1d thnt this A;recment sh:1U be binding upon 3lld constitute -nn cbtigation orme Altplicnnts. IN W1TNESS WHEREOF. this Agreement is execuled by the CITY OF CHUW\ V1ST A acting by and through it's Mayor or designated and authorn.cd representative lhcrelo. and by the Owner/Applicant Date:-J~a-o~ \0 Brookfield Dray RI51l6 LtC. ~ Limited UOIbi.lityCompany .B~~ r'. ~ lis /f:''J-f. \ / e ' THE CITY Of CHUU VISTA. Date: A C:iJlifornia municipal corpoT:ltion By Is Approved :lS to fonn and ICg;1Jity Ulis _da)' or .20 Bart Micsfdd.. City Anorney By: Deputy City Anomey ss-Y EXHIBIT "A" LEGAL DESCRIPTION LOT 20 OF MAP NO. 15234 FILED IN THE OFFICE OF nIE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28, 2005 AS FILE NO. 2005-1109168. ..;s--;;;,T EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Trellis Phase 7 (BR09-0137) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Library DIF Fire DIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge TOTALS $ 45.00 $ 0.10 $ 3,478.00 $ 7.36 $ 307.30 $ 0.65 $ 525.00 $ 1.11 $ 1,670.20 $ 3.54 $ 563.00 $ 1.19 $ 517.00 $ 1.09 $ 1 ,243.00 $ 2.63 $ 1,072.00 $ 2.27 $ 160.00 $ 0.34 $ 1,330.00 $ 2.82 $ 26.09 $ 0.06 $ 1,579.00 $ 3.34 Balance of Deferred Fees $ 12,515.59 $ 0.21% Interest per Month* Balance Due at Finallnspection** 26.49 . Interest Rate at 2.54% per year (CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment. Rate) Balance Due at Final Inspection = Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) 5--:;;6? 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 rMPACT FEE PA 'fMENT PLAN PROGRAM AGREE!'vfENT ("Agreement"), dated .20-, for reference only and executed on the date on which the last party signs, by and between Brookfield Olav Rl5/16 LLC A Delaware Limited Liability Com~ ("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 OfChu]a Vista, County of San Diego, State of Cali fomi a, more particularly described on Exhibit "A" attached ("Property"). 8. On December 6, 2005, the City Council of the City appro....ed the Resolution No. 2005.399, Final Map No. 15234 also known as Trellis Phase 7 ViIlal!e II rNeie:hborhoods R.16) (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 de....e]opment, and California Go....ernment Code Sections 66000 et. seq ["Fees"}. The Fees applicable to the building permits are more particularly described on Exhibit "8", attached. Other fees or charges related to the Project, but not included in Exhibit "8", 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 additionalll 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. 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 de....elopment 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 notjeupardize the public health, safety, and welfare. G. Ord. No. 3120 requires Owner to execute a contract with the City, prior to the issuance of building permits, in order to defer the payment of the Fees. H. City and O\'ffier desire to enter into this Agreement deferring payment of [he Fees for 12 months from the permit issuance with an option to extend for an additional ]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 issuance of certificate of occupancy for non.residential development, whichever is enrlier, pursuant to all the teons 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 "8" and such Fees are due and payable upon issuance ofbui]ding 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 "8" Owner's waiver and release of the City shall exclude any and all claims arising out afor related to the City's breach of this Agreement 2. City agrees to defer the pa)'ITlent of the Fees for 12 months from the permit issuance with an option to extend for an additional 12 months, at the solt: 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. [nterest shall accrue at the California State Local Agency Investment Fund (LA1F) Apportionment Rate, per annum, in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid ("Accrued Interest"). Interest will be applied on the first of each month. s--57 -. ---..,...-..'" '- ~~ 4_ Owner on behalf of itself and its successors in interest, whclher by inherilmlCl:." gift. b!::quest, devise, snit; convcynnce. assignmenT.. or other method of L-ansfcmng title or l1Cquiring interest in or 10 any pmt arme Project or Propcny ('"succl:ssozs"'). ngrttS to pay the Fees and Accrued Inlercst with a certified check prior to or-concurrent with the da\.C on which the Df:ferml Pt;riodends. 5. Owner agrees that ifit fails 10 pay the Fees nnd Accrued Intr::n:st in full prior the end of me Defemn Period, City shall withhold the liru:1l inspection or issuance of ccrtific:nc of occupancy, as npplicable., until pol)'mcnt ofFecs and Accrued Interest is ronde in full. . 6. All olher rights of the PmUes sImll remain unchnnged. as jfthe Fc~ were pnid Qllhe time of pcnnit issUllrlCc. Withoullimiting the foregoiD~ the FI:CS pay;1blc shml he those in effect allhe time of execution of the Agreement as set fonh on Exhibit "S''', ,. This Agreement shall be recorded by the City in the Official Records of the County ofs.m Diego, Office afthe County Recorder and shull constitute :J lien for the Fecs:md Accrued lntaesl binding upon and running. with the ProlX=llY, If the Owner sells or transfers the Propert}' or any portion oflbe property in any mmmer, Property shall not be rclenscd from:my of(hc obligations, coven:m15, or conditions under this Agreement relating to the Prope.rt)' or portion oflhe Propcrt}' or Project being ncquired.. 8. The burrlen of this Agreement sholl be released from the title to the Propelt}' upon the payment of Fees and Accrued Interest Within ten (10) business days following the paYmcJlt of the Fees and Accrued Interest, lbe City shall o:ec.nte a "Refense ofLicn" (E.xhibit "C"). which shall he in sl<1ndartl form. approved by the City Anomey. releasing Ihe burden .,fthis Agreement from the title to the Property. Failure .,flhc City to execute the Release ofUen within (en (0) business days ofpa}'11lent oftbe Fees alld ACCT1lCd lnt~t shall nol be deemed a breach afthis Agreement. provided Cit}' ma.i;;es its best effortS to c:tC;CUIC the RctellSe of Uen \.\ithin a reasonable time iherc:nftcr, 9. The QwnCTngree5 and isobligatcd 10 pay nll costs llSSociillcd with the recording ofthc Agreement and Rd~ orLien. 10_ Each signatory to ruis: Agreement represents, warrants, md cenifies thai hefshc bas the nuthority to enter inta this Agreemenl on bch:l.lf of the O\\TICT. the agencieslcomp<lJ\ii:Sltrusts. respective officer;. directors. and/or In1Stces they represent (collectively _ ApplicanlS") and WI this A~ccmlmt shnll be bmdmg upon and constitute an obUgation afthe Applic:m1S.. IN WJTNESS \\'liEREOF. this Agreement is cxeculed by the CITY OF CHULA VISTA actina. by:md ilirough it's Ma.yor or designated a.nd authorized representllth'e lhcreto. and by !he OwnerJApplicDllL Oat" -,~ i9--o - \<:> Brookfield OlaY RI31l6 LLC, ~~ L ~ lIS ~'J.t- 1/ e. Date: THE CITY OF CHULA VISTA. A California municipal corpor:l.tion By Is Approved as to form nnd )~ity Ulis _dl'1j' of _211 Bart Micsfdd.. eif)' Attorney Bl' Deputy Cit)' Anomey s:- .:27 EXHIBIT "A" LEGAL DESCRIPTION LOT 47 OF MAP NO. 15234 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28,2005 AS FILE NO. 2005-1109168. ~--~7 EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Trellis Phase 7 (BR09-0138) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Library DIF Fire DIF Recreation NPDES Fee Salt Creek Sewer DIF. Otay Ranch Res Village 11 Ped Bridge TOTALS $ 45.00 $ 0.10 $ 3,478.00 $ 7.36 $ 307.30 $ 0.65 $ 525.00 $ 1.11 $ 1,670.20 $ 3.54 $ 563.00 $ 1.19 $ 517.00 $ 1.09 $ 1,243.00 $ 2.63 $ 1,072.00 $ 2.27 $ 160.00 $ 0.34 $ 1,330.00 $ 2.82 $ 26.09 $ 0.06 $ 1,579.00 $ 3.34 Balance of Deferred Fees $ 12,515.59 $ 0.21% Interest per Month* Balance Due at Finallnspection** 26.49 Interest Rate at 2.54% per year (CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 ApportionmentRate) Balance Due at Final Inspection = Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) ~--&, 0 RECORDING REQUESTED BY, MID WHEN RECORDED MAIL TO: CITY OF CHULA VISTA Attn: No transfer t3.X is due as this is a conveyance to a public agency of less than a fee interest for which no ca"h consideration has "been paid or received For Recorder's Use Only LlEN AND DEVELOPMENT IMP ACT FEE PAYMENT PLAN PROGRAM AGREEMENT THIS LIEN AND DEVELOPMENT INfPACT FEE PAYMENT PLAN PROGRAM AGREET\.1ENT ("Agreement"), dated ,20-, for reference only and executed on the date on which the last party signs, by and between Brookfield Olav R15/16 LtC A Delaware Limited Liability Como~ ("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 afthat certain real property in the City OfChula Vista. County of San Diego, State of California, more particularly described on Exhibit "A" attached ("Property"). B. On December 6, 2005, the City Council of the City approved the Resolution No. 2005-399, Final Map No. 15234 also known as Trellis Phase 7 ViIlaoe II rNeif!hborhoods R-16) (the "Project"). C. Owner has applied for a building permitls) 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 ofthe obligation of Owner to pay such additional fees and charges. E. Pursuant to City Ordinance No. 3120 ("Ord. No. 3120"), the City has the authority to defer Fees for 12 months from the permit issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager or hislher .designee, or until the call for final inspection for residential development or issuance of certificate of occupancy 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 Owm:r desire to enter into this Agreement deferring payment ofthc Fees for 12 months from the permit issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager or hislber designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non.residential development, whichever is earlier, 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 al\ 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 ofthc City shall exclude any and all claims arising out of or rdated 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 ex1.end for an additional 12 months, at the sole discretion of the City Managt.:r 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 ("Deferr31 Period"). 3. Interest shall accrue at tht.: California State Local Agt.:ncy Investment Fund (LAIF) Apportionment Rale, per annum, in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid ("Accrued Interest'} Interest will be applied on the first of each month. .,::)- c.. / ,-..-.-..-....,...... ~ - ~.- 4_ Owner on behalf of itself:md its successors in intr:n::st, whclhCT by inheril<lncc:... gill bequest, devise, s:lle, conveyance,. assignment, or other method of tr.lJ1Sferring tiUe or acquiring intert:St in or 10 any part of the Project or Property ("Successors). Olgttt$ to pOly the Fees and Accnled interest wil.h il certified check prior to or concurrent with the dale on which the Deferrol Periodcnds. 5. Owner agrees that ifit rmls to pay the Fees and Accrued Interest in full prior the end orthe DefermJ Period. City shalt withhold the final inspection or iSSlJ<U1ce of certific::ltc of occupancy. IlS ilppHcabte. unlil p<1)1ncnt of Fees ;]Ild Accrued lt1-tcrest is made in full. 6, AU other rights afthe parties: shall r(:I!lain unchanged. as ifUle Fees were paid III the time of penn it issuance. Without limiting the foregoing. the Feo pily;Jbie sh::1l1 be those in effect at the time of execulion I)f lIlc Agreement ilS set rOM on Exhibit "B". 7. This Agreement shall be recorded by [he City in the Official Records oflheCountyofSan Diego. Office of the County Recorder ana sholl constilute a lien for the Fees:md Accrued Interest binding upon and running. with the Property. lrthe Owner sells or tranSfers the Propert}'or <II\~' portion of !.he Property in llnY mnnner. Property shan not be: rcle;lSed from :In}' oflhc obligations, coven;mts. or conditions under this Agreement relating 10 the Property or portion of the Property or Project being acquired. 8. The burden ofllUs. Agreement sholl be relc>J,Sed from the Lille lO the Propel'!}' upon the payment of Fees and Accrued lntercsl. Within ten (lO) business days following the pn}'mcnt ofthc Fees iUld Accrued lnten:st, the City shall e5eenle a "Rerease ofUcn~ (Exhibit -C"). which sh:1l1 be in standard fonn. approved b}' the Cil)' Attorney. releasiflg the burden of this AgreemCtll from the title 10 the Propert}'. Failure oflhe City to c:xecUle the Rdc:1Se ofUcn wMilllen (0) business days ofpa}'ITleot oftbe Fees nod Accrued Interest shall nol be deemed it bre::u:h of this AgrccmenL. provided City mal>e:s its best effortS to c-'(ecute the RclelJSc of Uen within 2 reasonable time thereafter. 9. The Owneragn:es and is obligated io pay all C{lsts associmed ,,;th the recording of the A;;rurnenl <md Release ofUcn. 10. Each signatory to this: Agreement represents. w.arrants. and cx:nilles that be/she bas the authority to Oller inta this Agreement on behalf of !be Owner, the agencicslcompanies:hrusts. respective office~, direaors, <IIId/or lrustees they represent (collectively -Applicants'") and thilt this Agreement ShilU be bmding upon and constitute an obligntion of me Applicnnts. IN WITNESS WHEREOF. this Agrecment is c:.,<cculcd b)' the CITY OF CHULA V!ST A acting by and through it's Mayor or iksian:ucd ::Ind authorized reprtSentauve thereto, and by lhe. O\\l'lcrJApplicanL 0.<" -,~ CJ.-O- \6 Brookfidd Olay RI5/16 LLC. ~ Limited UabilityCompany .B~~ ~ It< /'(S'St.., \ If, Dale: THE CITY OF CHULA VISTA. A California municipal corpOr.1tion By is Approved as to fonn nnd leo"alit)' Ulis _da)' or .20 Bart Mit.'sfdd.. City Attorney By: Deputy City Anomcy $'-- C:, .J- EXHIBIT "A" LEGAL DESCRIPTION LOT 51 OF MAP NO. 15234 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28,2005 AS FILE NO. 2005-1109168. S-b..3 EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Trellis Phase 7 (BR09-0139) Acco u nt 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Library DIF Fire DIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge TOTALS Balance of Deferred Fees 0.21% Interest per Month* Balance Due at Finallnspection** $ 12,515.59 $ $ 45.00 $ 0.10 $ 3,478.00 $ 7.36 $ 307.30 $ 0.65 $ 525.00 $ 1.11 $ 1,670.20 $ 3.54 $ 563.00 $ 1.19 $ 517.00 $ 1.09 $ 1,243.00 $ 2.63 $ 1,072.00 $ 2.27 $ 160.00 $ 0.34 $ 1,330.00 $ 2.82 $ 26.09 $ 0.06 $ 1,579.00 $ 3.34 0-. b c,L 26.49 Interest Rate at 2.54% per year (CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment,Rate) Balance Due at Final Inspection ~ Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) RECORDING REOUESTED BY, A'ID WHEN RECORDED MArL TO. CITY OF CHULA VISTA Attn: No transfer tax is due as this is a conveyance to a public agency ofless 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 UEN Ai'll) DEVELOPivfENT IMP ACT FEE PA Th1ENT PLAi"'l" PROGRA;\1 AGREEMENT ("Agreement"), dated .20-, for reference only and eXt:cuted on the date on which the last party signs, by and between Brookfield Olav R15!l6 LLC A Delaware Limited Liabilitv Comoanv ("Owner"), and the CITY OF CHULA VISTA a California municipal corporation ,md charter city ("City") with rderence to the following facts: A. Owner is [he owner of that certain real property in the City OfChu[a Vista., County of San Diego, State of Cali fomi a, more particularly described on Exhibit "A" attached ("Property"). B. On December 6, 2005, the City Council of the City approved the Reso]ution No. 2005-399, Final Map No. 15234 also known as Trellis Phase 7 Villaoe 11 (Neiohborhoods R.16) (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 Govemmt:nt Code Sections 66000 e1. seq ["Fees'']. The Fees applicable to the building permits are more particu]arly described On Exhibit "8", attached. Other fees or charges related to the Project, but not included in Exhibit "8", 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 "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.3 [20"), 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 ofthc City Manager or his/hei'designee, or until the call for final inspection for residential development or issuance of ccrtificale 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 vita! 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 arc 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 defening payment of the Fees for 12 months from the permit issuance with an option to extend for an additionall2 months, at the sole discretion of the City Manager or his/hcr 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 tenns 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 \VAIVES AND RELEASES the City from any and all claims arising out of or related to this Agreement, including the amount and type of Fees identified in Exhibit . "B". Owner's waiver and release of the City shall exclude any and all claims arising out of or related to the City's breach of this Agreement 2. City agrees to defer the payment of the Fees for 12 months from the permit issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager or hislher designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non-residential development, whichever is earlier ("Deferral Period"). 3. Interest shall accrue at the California State Local Agency Investment Fund (LAIF) Apportionment Rate, per annum, in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid ("Accrued Interest"). Interest will be applied on the first of each month. ~bS 4. Owner on behalf of itself and its success~ in interest, whether by inheril4lncc. gift. bequest, de....ise. sale.. l;onVeyance, ilSSignmc:nl, or other method of tranSfwitlg Litle Of acquirillg; intcttSt in or 10 :lllY pm of the Project or Prop~ ('"SUCct::S50rs'). agrees to p;l)' the fees and Accrued lnlCfCSl with a certified check prior to or-concurrent with the date on which the De:fe:rrnl pcriodc:nds. 5. Owner agrees that if it rails to pay the: Fees ami Accrued Interest: in fun prior the end oflhe Def~ Period. City shall withhold the final inspection or issuance of cc.nific<ltc of OCt:Upancr. P5 npplic:ilill:, until payment of'Fct:S and Accrued It;tcrcst is mndc in full. . 6. All other rights of the punies shlJII remain unchnnged, as ifl.llc Fces we:rc.paid Illlhe time ofpcrmit issu:mcc. WithOUllirniting the: foregoing,. the Fees payable shall be those in erred. lJ1 the time o(occutioD of lhe Agreement as Set forth on Exhibit "B". 1. This Agreement shall be recorded b~' the City in the Official Records of the County of San Diego, Office oftbe: County Recorder nnd shnll coIJ5\itute a lien for the Fees and Accrued IntCfesl binding upon and running,with the Property. Ifthc Owner sells or trnnSfers the Property or iltIY portion oflhe Property in any mnnner, Property shall not be released from:lnY oflhcobligotioDs. co....enants. or conditions under this Agr~mcnt relating to the Property or portion afme Propert). or Project being, acquired. 8. The burden ofUtis Agreement sholl be Icle;l5Cd from the title to the Property upon the paymC11t ofFec:s and Accrued lntcrt:St Within ten (10) business days [ollowing the payment oflhe FeeS and Acerued lntcrcst. the City shall C\ccllte a HR.elease ofUen" (E..-:hibil -C"). which sh:1l1 be. in stand:1rd form. approved by the City Attomey~ releasing the burden of this Agreement from the title to tlle property. Failure of the City 10 e.>(ecU1e the Release ofUen within len (0) business dnys ofp::r.yment Dflhe Fet:S and Accrued lnt~t shall not be deemed II breach of this Agreement.. provided City mal;e:s iJ.s best effortS to C:.'I:CCUlC the Rc:iellSc of wen within 4l reasonable: lime thereafter. 9. The QWDcrngm:s and is obligated to pay all costS associ<llcd with lhc recordinG oflhe Agreement Md Rc:1cnseofLicn. 10. Each signwry to this Agreement represents. w;mants, <lI1d certifies thaI he/she has thc authority to enter into this Agrecment on behalf of me Owner, the ag.encicslcompnnie:sltrustS, respective officers., directors, and/or trustees they represent (collc:c.tivcly -Applicants") and lhnt this Agreement sh;1U be bindillg upon and constitute an obligation of the Applicants. IN W1TNESS WHEREOF. this A~eemlmt is c,xceuleG by the CITY OF CHULA VISTA acting by and throug..1] it's Mayor or designated:md authorized reprcsenl3tive therelo. and by tllc Owner/Applicmtt. D"e:-'~OLo-,b Brookfield Otay Rl5116 UC. ~ Limited Liabilil:)'Company 'B~~ ~ tIS f(bSt... II f' THE CITY OF CHULA VISTA. Date: A California municipal eorpor.l.lion By is Approved as to fone ODd h:gmit}' litis _day of .20 Bart Micsfdd, City Attorney By: DCJlllty City Anomey .s-~G b EXHIBIT "A" LEGAL DESCRIPTION LOT 15 OF MAP NO. 15234 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28,2005 AS FILE NO. 2005-1109168. S---67 EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Trellis Phase 7 (BR09-0140) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Library DIF Fire DIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge TOTALS 0.21% Balance of Deferred Fees Balance Due at Finallnspection** Interest per Month* $ 45.00 $ 0.10 $ 3,478.00 $ 7.36 $ 307.30 $ 0.65 $ 525.00 $ 1.11 $ 1,670.20 $ 3.54 $ 563.00 $ 1.19 $ 517.00 $ 1.09 $ 1,243.00 $ 2.63 $ 1,072.00 $ 2.27 $ 160.00 $ 0.34 $ 1,330.00 $ 2.82 $ 26.09 $ 0.06 $ 1,579.00 $ 3.34 $ 12,515.59 $ 26.49 Interest Rate at 2.54% per year (CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment.Rate) .. Balance Due at Final Inspection = Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) s--~cP RECORDING REQUESTED BY, AND 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 kss than a fee inkrest 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 IMPACT FEE PA Y1vlENT PLAN PROGRA.M AGREE11ENT ("Agreement"), dated .20 -------' for reference only and executed on the dak on which the last party signs, by and between Brookfield Otav Rt5/16 LtC A Delaware Limited Liabilitv Comnanv ("Owner"), and the CITY OF CHULA VISTA.a Cailfomia illlmicipal corporation and charter city (""City") with rderence to the following facts: A. Owner is the owner of that certain real property in the City OfChula Vista, County of San Diego, State ofCatifomia, more particularly descrihed on Exhibit "A" attached ("Property"). B. On December 6, 2005, the City Council of the City approved the Resolution No. 2005-399, Final Map No. 15234 also known as Trellis PhaSe 7 Villa!!e 11 (Neiehborhoods R-16) (the "Project"). C. Owner has applied for a building pennit(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 !and development, and California Government CadI;; Sections 66000 et. seq ["Fees"]. The Fees applicable to the building permits are more particular]y 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 caU for final inspection for residential development Of issuance of certificate of occupancy for non-residential development, whichever is earlier. F The City has found that the Fees are not immediately 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 tlJ extend for an additional 12 months, at the sole discretion {lfthe 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 dl;;velopment whichever is earlier, pursuant to all the terms and conditions of this Agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: L 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 thc City from any and all claims arising out of or relatcd to this Agreement, induding the amount and type of Fees identified in Exhibit "B" Owner's waiver and release of the City shall exclude any and a]1 claims arising out afar rdated 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 forresidential 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, per annum, in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid ("'Accrued Interest"). Interest will be applied on the first of each month. s-:-.{; 9 4_ Owner on behalf of llscn and jts successorn in interest, \'lnt:lher by inheri\m\!:C.,. g\ft. hcqui;:S\, devlsl:. sale. oonvCJ'Ulce. assignmc:lll, or other method of t..msfcning title or <Icquiring interest in or 10 any pan oilhe project or Property ("Successors},. >lgrtts to po:ay the Fees and Accrued Interest with a certified check prior LO orconCUlTCnt with the date on which the Deferral Period ends. 5. Owner agrees Ihat ifil fails to pay the Fees and Accrued IntereSt in full prior the imd oflhe Deferral Period. City shall withhold the final iflS{lcction or issuance of ccrtific:me or QO:upancy. IlS applicablt; until payment ofFcc:s and Accrued Interest is made in full. 6. All otfler rights oflhe panies slr.:1ll rc:mainunchnngcd, as if the Fees wercp:J.id ntlhe time of penn it issu:ance. Without limiting the foregoing.. the Fees payable shall be those in effect al1he time ofexecutiaD oflhe Agreement lIS set forth on Exhibit "B", 7. This AgrcemCl1l shall be Jecorded by Ule 01:)' in the Official Records of the County of San Diego, Office ofIhe County Recorder and shnll constitute a lien for the FC'cs and Accru~ Inlt:1esl binding: upon and running. with the Property. If the Owner sells or lriUlSfers the Property or;my portion oflhe Propeny in nny manner, Property shall not be released from:my ofthc oblignllons, cove.mmts, or conditions under !his Agreement rclating 10 the Property Qf portion ofme Property or Project being ncquircd. 8. The burden of this Agreement shall be released from the tille to the Property upon the payment of Fee$. and AccnlCd Interest Within ten (10) business lfuys following the paymenl oflhe Fees and Accrued Illterest,. tbeCity shrul c::I:ecnte a "Release ofLil:1'l~ (E.-mibh "C"}. which shall be in slamhrd fonn. approved b)-' the City Attorney, releasing thc burden ofthis Agreement from the title to the Propert)'. Failure of the City to execute the Release orUen within ten (to} business days ofpaymeDt of the Fees and Accrued Intcrt::$t shnll not be deemed a breach oftllis Agn:emenL. provided City mnkes tis best effortS to e:u~eU1e the Release of Lien v.ilhin a. reasonable time thereafic.r. 9. The Owneragree5 nnd is obligated 10 pay till ccSlS associated with the recording of the A~menl and Rel~ arum. 10. Each signatot}' to this Agreement represents, warrants. md cenifies thaI hclshe has the authority to enter into this Agreement on behalf of Ihe Owner, the agencics/comp:J.J\icsllnlStS, respective officers,. directors. and/or trustees they represent (collectively -Applicants'') ilIld thnt this- Awecmeu1shall be binding upon and constitute an obligation afme Applicants. IN WiTNESS 'kl-rER.EOF. this Agrcemenl1s l:.xcculed b)' the CITY OF CHULA VISTA acting bj' and dnough ifs Mayor or designated and authorized rqm:sent<ltive thereto,. nnd by 111c OwncrJApplicnnt. Dat'" -I~ 8--0- \0 Brookfield Otay Rl51l6 LLC. ~~ ~ tLS I(?St> \ / e . Date: THE CITY 0, CHULA VISTA. A California municipol corpOr:l.lion By Is Allproved as to farm nod tega1i~' this _da)'or .2{} Bart Micsfeld.. Cif).' Attomc~' By: Deputy City Anomey ..;;..--70 EXHIBIT "A" LEGAL DESCRlPTION LOT 17 OF MAP NO. 15234 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28,2005 AS FILE NO. 2005-1109168. :::;;--'7/ EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Trellis Phase 7 (BR09-0141) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Library DIF Fire DIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge TOTALS $ 45.00 $ 0.10 $ 3,478.00 $ 7.36 $ 307.30 $ 0.65 $ 525.00 $ 1.11 $ 1,670.20 $ 3.54 $ 563.00 $ 1.19 $ 517.00 $ 1.09 $ 1,243.00 $ 2.63 $ 1,072.00 $ 2.27 $ 160.00 $ 0.34 $ 1,330.00 $ 2.82 $ 26.09 $ 0.06 $ 1,579.00 $ 3.34 Balance of Deferred Fees $ 12,515.59 $ 0.21% Interest per Month' Balance Due at Final Inspection" 26.49 Interest Rate at 2.54% per year (CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment.Rate) Balance Due at Final Inspection = Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) ~-:-7 ....L 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 ofless 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 LlEN AND DEVELOPMENT llvfFACT FEE PA ytvfENT PLAN PROGRNvl AGREEMENT ("Agreement"). dated ,20-----, fOf reference only and executed on the date on which the last party signs, by and between Brookfidd Otav R15116 LLC A Delaware Limited Liabilitv Com~ ("Owner"), and the CITY OF CHULA VISTA, a California municipal corporation and charter city ("City") with reference to the following facts: A. Owner is the owner of that certain real property in the City OfChula Vista, County of San Diego, State of Cali fomi a, more particularly described on Exhibit "'A" attached ("Property"). 8. On December 6, 2005, the City Council of the City approved the Resolution No. 2005-399, Final Map No. 15234 also known as Trellis Phase 7 Villa2e 11 rNeiohborhoods R-16) (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 "8", 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 "8" shall not be a waiver ofthe obligation of Owner to pay such additional fees and charges. E. Pursuant to City Ordinance No. 3120 ("Ord. No. 3120"), the City has the authority to defer Fees for 12 months from the pennit issuance with an option to extend for an additional 12 months, at the sole discretion of tile City Manager or hislher designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non-residential development, whichever is earlier. F. The City has found that the Fees are not immediately needed for public improvements required to serve the Project; deferral of collection of Fees would encourage development vital to the City; payment of Fees is adequately secured through this Agreement and the City's right to withhold final inspection or certificate of occupancy until Fees are paid; and the deferral of Fees for the Project would not jeopardize the public health, safety, and welfare. G. Ord. No. 3120 requires Owner to execute a contract with the City, prior to the issuance of building permits, in order to defer the payment of the Fees. H. City and Owner desire to enter into this Agreement deferring payment of the Fees for 12 months from the permit issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager or hislher designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non-residential development, whichever is earlier, pursuant to all the tt:rms 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 "8" and such Fees are due and payable upun 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 Oft/lis 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 (LAIr) Apportionment Rate, per annum, in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid ("Accrued Interest"). Interest will be applied on the first of each month. S::"73 ._.'_'_ _.___.__,,'.' ..'_.~_._"'u.. 4. Owner all behalf of itself and ilS successors in intercsl.., whc1hcr by inbai~cc. gill bcquest, devise. Sllle. conveyance. assignment, or other melhod ofL-.msfcning title or ilcquiring iaterest in or to any part of the Projcct or Property (HSllCCessorsj. ngrtts to pOl)" the Fees and Accrued InterCSt with j) certified check prioc LO or concurrent with the date on which the Deferral Paled ends. 5. Owner agn:es that if it faiis 10 pay the Fees und Accrued Inlcn:st in [ull prior the end afme Qcfcrml Period. City shall withhold the final inspection or issunnce of eertificate of occupanCY. as applicable, unLil p<l)mCt\t ofFecs and Accrued l~crm is ronde in fuIl. 6. All other rights orme panies shilll remain unchnngcd, as if Lhe Fees were. paid ar. the. time oJ permit issuance. WithoUllimiting the foregoing,. thc- Fees pay:;lblc shall be those in effect 'ilt1hc time of O;:CQItion ofllie Agrec:menl as set fOM on Exhibit "S", 7. This Agreement shall be recorded by U1e Cit)' in the Official Records of the COUtlty of San Diego. Office of the County Rcrordcr and sholl constitute lJ lien for the FeCS: and Accrued Interest binding upon and running with the Property. lrthe Owner sells or transfers the Property or any panion oCme property in any manner. Property shall not be: rclC:lSed from:my of the obtigntions. cove:n:ltlts., or conditions under this Agreement relating. 10 the Property or portion orme Prcperty or Project being. acquired. 8. The: bunkn oftlti:s Agreement shall be released from the: litle: La the Property upon the paymenl of Fees. and Accrued Interest Within ten {10} business dOl)'S following. t..'1c pa)mcnt of the Fees and Accrued Interest. the. City shall cxecllte a "R.erense ofLicn- (E...xhibil-C"). which shall be. in sundard form. approved by the City Attorney. releasing !he burden ofthis Agreem:nt !Tom the title to the Property. Failure oflhc City 10 cxecu1c the Release ofUcn \'\ithin ten (10) business days ofp:l}ment afthe Fees and ACl:nJcd Intercstshall not be deemed II breach of this Agreement. provirled Cit}' mnkes ils best effortS to cxecUIC the Release of Uen \.\ithin OJ. teaSOnablc time thereafter. 9. The Owner 'ilgrees and is obJig.alCd 10 pay all C05\S assocl'il1cd with the recording orthe Agra:ment and ReIe:BC oruen.. 10. Each signmory to this Agreemcnl represents. W:lITiU1ts, ond certifies thai he/shc has the authority 10 enket into !his Agreemenl on behalf of lhe O\mer, the agencicslcompMiesllrustS. respective officer.;, directors. nndfor \nlStecs they represent (c.ollct:uvcly _ ApplicanlS"} and thot this Agrc:emcmt s.;;tll be binding upon and constitute on obligation afme Applicants. IN W1TNESS WHEREOF. this Agreemenl is executed by the CITY OF CHULA V1ST A acting. by Md through it's Mayor or dcsi~atcd .and authoriz.ed representative theretO. and by the OWTlcrJAppliCOflL 0.,,: -/- d-O- \0 Brookfield OtOlY RI5Jl6 LLe. -~~ ~ I" /'(='S-{. \ If. WE CITY Of CHULA VISTA. Date; A California municip<l1 corpar.tlioD Bl' Is Approved as to form and lcg:slit)' lhis _dayer .20 Batt Mil..'Sfdl!. City Attorney By: Deputy City Anomey S-7V EXHIBIT "A" LEGAL DESCRIPTION LOT 50 OF MAP NO. 15234 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28, 2005 AS FILE NO. 2005-1109168. 5-7.s- EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Trellis Phase 7 (BR09-0142) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traftic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Library DIFFire DIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge TOTALS 0.21% Balance of Deferred Fees Interest per Month* Balance Due at Finallnspection** Interest Rate at 2.54% per year (CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment,Rate) Balance Due at Final Inspection = Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) $ 45.00 $ 0.10 $ 3,478.00 $ 7.36 $ 307.30 $ 0.65 $ 525.00 $ 1.11 $ 1,670.20 $ 3.54 $ 563.00 $ 1.19 $ 517.00 $ 1.09 $ 1,243.00 $ 2.63 $ 1,072.00 $ 2.27 $ 160.00 $ 0.34 $ 1,330.00 $ 2.82 $ 26.09 $ 0.06 $ 1,579.00 $ 3.34 $ 12,515.59 $ 26.49 5~ 7fa RECORDING REQUESTED BY, AND WHEN RECORDED MAlL TO: CITY OF CHULA VISTA Artn: 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 PLA.N PROGRAM AGREEMENT THIS LIEN AJ.'lO DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("Agreement"), dated ,20-, for reference only and executed on the date on which the last party signs, bv and between Brookfield Otav R15/16 LLC A Delaware Limited Liability ComDanv ("Owner"), and the CITY OF CHULA VISTA, a California municipal corporation and charter city ("City") with reference to the following facts: A. Owner is the owner of that certain real property in the City OfChula Vista, County of San Diego, State ofCaiifomia, mOfe particularly described on Exhibit "A" attached ("Property"). B. On December 6,2005, the City Council of the City approved the Resolution No. 2005-399, Final Map No. 15234 also known as Trellis Phase 7 Villa!!e II rNeie:hborhoods R-16) (the "Project"). C. Owner has applied for a building permit(s) for the Project. O. Upon the issuance of building penn its, 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 pennits are more particularly described on Exhibit "B". attached. Other fees or charges related to the Project, but not included in Exhibit "B", shall still be due and payable to the City in accordance with the City Municipal Code. Omission of such additional fees and charges from Exhibit "B" shall not be a waiver 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 penn it issuance with an option to extend for an additionall2 months, at the sole discretion of the City Manager or hislher designee, or until the caU for final inspection for residential deve[opmt:nt 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 certiticate 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 penn its, 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 hisl11.er 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 alt the (enns 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 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 rebted to the City's breach of this Agreement 2. City agrees to defer the payment of the fees for 12 months from the penn it issuance with an option to extend for an additional 12 months, at thc 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-residl.:ntial development, whichever is earlier ("Deferral Period"). 3. Interest shall accrue at the California State Local Agency Investment Fund (LAIF) Apportionment Rate, per annum, in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid ("Accrued Interest"). Interest will be applied on the first of each month. 577 4. Ovroer on behalf of itself and its successors in intCiCSl., wtleilier by inherilancc.. gift.. bequest, devise. sale., convcy;mtt~ assignrncnl., or other method ort.o:nSfening title or llcquiring ioterest in or to any p:l1torthe Project or Proptll)' ('"Successors). llgrtts to p;1y the Fees and Aecrued Interest whh il certified check prior to or concurrent with the date on which the Dcierrnl Period ends.. 5_ Owner agrees that if it [;)its to pay the Fees and Accrued lnt~t in [ull prior the end orlhe Defernll Period. City shall withhold the final inspection or issuance of cc.rtificau:: of occupancy. QS appIicWle. until payment ofFezs and Aeerued ~terl:St is mnde in full. 6. All otber rights ofUle ponies shall rcm:lin unchanged. as if the Fees were pold nl.lhe time of permit lsStJ:lnCC. Without limiting the foregoing,. the Fees pa}'1lblc shilll be those in effect at the time of~c:cutjon of the Agreement as set fOM on Exhibi\"B", 1_ This Agreement shilll be recorded b~' the City in the Official Records oflhe County of San Diego., Office of the County R~dcr and shull constitute ..Iic%} for \he Fees and Accrued Interest binding upon and nmning. with the Property. lfthc Owncrsclls or tmnSfel'S the Property or:my portion oflhe Property in MY manner, Propcrty shai1 not be: tcleascd from;lllY ofme obligations, covemmts. or conditions under this Agreement relating 10 me Property or ponion orme PropCft}' or Project being :lCquired. 8. The burrlcn of Ults Agreement shcll be released from the litle to the Property upon the payment of Fees and Aecrued lnterzst. Within ten {10} business days following the payrnc:nt ofthc Fees iUld Accrued Interest.. the City shlll! execDteo "RcICllSe ofLit:n- (E.~ibit ~C"'). which shall be in standolrd form. approved by the City Attomcy~ relc:nsiflg the burden oflhi:; Agreement from the lhlc to the Property_ Failure ofllie City 10 exeCUle the ReI~ orUen \\ithin len (IO) business dl]~'S ofpa)'mcnl crthe Fees and ACl:T1lcd Interest shull not be deemed a bre..~h of this Agreement. pr.ovidcd City m'Jkes its best effortS to e.'\::ceUlC the Release of wen \\-iihin :J. reasonable time thereclier. 9. The Owner agm::; and is obligated to par all CO:51S as:sociiltcd with the recording orlhc Aareement and Release oruen. 10. Each signatory to this Agreement represents. W:!!l":lI1lS, OIId certifies thal hefshc has the authority to enler into this Agreement on bcnalf of the Owner, the agencicslcornpnnicshrusts. respective officers, directors. and/or trustees they represent (collectively -Applicants} and lhnt this Agre.ement shaU be binding upoo and constitute an obli~OIl oftl1e ApplicOIlts. IN W1TNESS \VHEREOf. this Agreemcnl is e:(cculed by the CITY OF CHUU V1ST ^ acting by il;od through it's Mayor or designated and authorized representative thcreto.. and by !be OwncrJAppliCIlllt. Oa,o: -I~ Ci-O~ \0 Brookfield Otay RI5116LLC. ~ Limited lJabilil:yCompan)' B~~ ~ lis ~St., \I P , Date: TIlE CiTY 0, CHULA VISTA. A California municipal eorpor.ttion By is Approved as to fonn and )eg;lli~' Ulis _dn)'of .20 Bart Micsfdd. City Attorney By: Deputy City Anomey s--7f EXHIBIT "A" LEGAL DESCRIPTION LOT 48 OF MAP NO. 15234 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28, 2005 AS FILE NO. 2005-1109168. ~--79 EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Trellis Phase 7 (BR09-0156) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Library DIF Fire DIF Recreation NPDES Fee Sail Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge TOTALS $ 45.00 $ 0.10 $ 3,478.00 $ 7.36 $ 307.30 $ 0.65 $ 525.00 $ 1.11 $ 1,670.20 $ 3.54 $ 563.00 $ 1.19 $ 517.00 $ 1.09 $ 1,243.00 $ 2.63 $ 1 ,072.00 $ 2.27 $ 160.00 $ 0.34 $ 1,330.00 $ 2.82 $ 26.09 $ 0.06 $ 1,579.00 $ 3.34 Balance of Deferred Fees $ 12,515.59 $ 0.21% Interest per Month* Balance Due at Finallnspection** 26.49 Interest Rate at 2.54% per year (CA State Locai Agency Investment Fund (LAIF) Quarter Ending 12/31/08 ApportionmentRate) Balance Due at Final Inspection ; Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) ,s--JO RECORDING REQUESTED BY, ",'II) WHEN RECORDED MAIL TO: CITY OF CHULA YIST A Atto: No transfer tax is due as this is a conveyance to a public agency of less than a fee interest fOf 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 UEN AND DEVELOPtvtENT 1lv1PACT FEE PA Yl'vlENT PLAN PROGRAM AGREEMENT ("Agreement"), dated ,20-, for reference only and executed on the date on which the last party signs, by and betv.een Brookfield Olav R 15/1 6 LLC A Delaware Limited Liabilitv Comoanv ("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 OfChi.lIa Vista, County of San Diego, State of California, more particularly described on Exhibit "A" attached ("Property"). B. On December 6,2005, the City Council of the City approved the Resolution No. 2005-399, Final Map No, 15234 also known as Trellis Phase 7 VilIaoe II (Neighborhoods R-16) (the "Project"). C. Owner has applied for a building permit(s) for the Project. D. Upon the issuance of building permits, certain fees arc due and payable pursuant to City's Municipal Code, non~codified ordinances related to land developmem, and California Government Code Sections 66000 et. seq ["Fees"]. The Fees applicable to the building permits are more particularly described on Exhibit "8", attached, Other fees or charges related to the Project, but not included in Exhibit "B", shall still be due and payable to the City in accordance with the City Municipal Code. Omission of such additional fees and charges from Exhibit "B" shall not be a waiver of the obligation of Owner to pay such additional fees and charges. E. Pursuant to City Ordinance No. 3120 ("Ord. No. 3120"), the City has the authority to defer Fees for 12 months from the permit issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager or hislhcr" 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 ha~ 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 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, pursuant to all the terms and conditions of this Agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Ovmer agrees and acknowledges that it is obligated to pay all Fees in type and amount identified in Exhibit "8" and such Fees are due and payable upon issuance of building permits and by executing this Agreement WAIVES AND RELI~ASES thc City from any and all claims arising out of or related to this Agreement, including the amount and type of Fees identified in Exhibit "8". 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, per annum, in effect on the date of the execution of this Agreement through the cnd of the Deferral Period until paid ("Accrued Interest"). Interest will be applied on the first of each month. ..s- ~cfl _", u.____u.... _ .._~___~.__.__.: 4. Owner on behalf of itself omd its succesSC.fS in intcn:st. whether by ioheril.llncc" gift. bcquest. devise. sale. convey;ma; assignmc:n~ Dr other method of tranSferring title or acquiring interest in or to any part orthe Project or Prop~ ("Successors"). agrees tn pOl)" the Fees and Acaued mlcresl with a certified check. prior to or concurrc:nl with the date on which the Deferral Pt:riod ends.. :5. Owner agrees that irlt rails to pay the Fees and Acenled Interest in full prior the end of me Deferral Period. City shall withhold the final illspcttion or issuance of certificate of occupancy. lIS ilpplic:1ble, until p;1)mcnt ofFce:s and Accrued ~tcrl:St is mndc in full. 6. All atIler rights cfthe parties shall remain ullchnnged. as if the Fees were paid Il:I.Ule lUne of permit isstr.lnCc. WiIhoull1miting the: foregoing.. the Fees payable sh:1lt be those in effect at the time ofexccution oflhe Agreement:lS set forth on Exhibit "B". 1. This Agreemel\1 shall be ttt:Ordcd by Ule 01)' in the OfIiciiJ.! Records of the County Qf San Diego. Office oflhe County Recorder and sholl constitute :J; lien for the Fees and Accrued Interest binding upon. and nmning. with the Propc:rt)". If the Owner sells or tranSfers the Property or:my portion oflhe Propeny in MY mnnner. Property shall nol be tcleased from:my ofthc obligl1Dons. covenants, ot conditions under this Agreement relatin~ 10 the Property or portion crme Propc.rrr or Proj~ being ncquired. 8. The burden of this Agreement sholl be released from the title 10 the Property upon the: paymc:nl of Fees and Accrued Interest. Within len (10) business d<1}'S following the payment oflhc Fces nnd Accrued loten;st. Lhe City sholl exectnea "Release orUen'" {E.-..hibit -C"). which shall be in sland:1rd form. approved by the Cil)' At!umcy~ releasing !he burden ctrthis Agreement from the title 10 the property. Failure orlhe City to execUle \he Release orUcn \'\.ithin ten (0) business d:!)'S ofp:l~meOI of the Fees and Accrued Int~t shall not be deemed a bre:lI:h of this Agreement. provided Cit)' mOlkes ilS best effortS to e:'tccute the RclClISe of Uen wimin a reasonable time thereafter. 9. The Owner agrees and is obli:;~lled to pay all costs associated wilh the recording orlhe Agreement i1Ild Reieil5e ofUen. 10_ Each signatory to this Agreement represents. w~lS. and certifies thai helshe bas the authority to enll:r intI) this Agreement on bch::M of me O\mer, the agenci~l:ompanic:s/trus1S. respective officers, dittl:tors. and/or trustees they rcp~ent (collectively _ Applic:mts") and thnt this Asrccmcnt shall be binding upon and constitute an obligation oflhe Applicants. IN W1TNESS WHEREOF. this Agrecm:ml is \!xcculed by the CITY OF CHULA V1ST A ac~ing by nnd through it's Mayor or dlSignated and authorized represenlative then:to. and by the Owner/ApplicDtll. 0"" -l~ a--O- \0 8mokfi:Jd Olay Rl5116 liC, .~~ ~ It; f(S>S-C \ / e ' THE CITY OF <:HULA VISTA. Date: Ii, Californill municipal corpor.ltion By Is Approved as to form und !eg:llil)' Ulis _day of .20 Bart Micsfcld. City AlIame}' B)' Deputy City Anomey ...s-:-- P..2-.. EXHIBIT "A" LEGAL DESCRIPTION LOT 53 OF MAP NO. 15234 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28, 2005 AS FILE NO. 2005-1109168. ~/E3 EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Trellis Phase 7 (BR09-0157) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Library DIF Fire DIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge TOTALS $ 45.00 $ 0.10 $ 3,478.00 $ 7.36 $ 307.30 $ 0.65 $ 525.00 $ 1.11 $ 1,670.20 $ 3.54 $ 563.00 $ 1.19 $ 517.00 $ 1.09 $ 1,243.00 $ 2.63 $ 1,072..00 $ 2.27 $ 160.00 $ 0.34 $ 1,330.00 $ 2.82 $ 26.09 $ 0.06 $ 1,579.00 $ 3.34 Balance of Deferred Fees $ 12,515.59 $ 0.21% Interest per Month* Balance Due at Finallnspection** 26.49 Interest Rate at 2.54% per year (CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 ApportionmenLRate) .. Balance Due at Final inspection = Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) ~-:.- Fy 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 COUNCIL Dated: ! LIEN AND DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT BETWEEN BROOKFIELD OTA Y RI5/I6, LLC AND THE CITY OF CHULA VISTA FOR TRELLIS PHASE 8, VILLAGE II (NEIGHORHOODS R-16) ,A;;-- p ~ RECORDING REQUESTED BY, AND 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 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 PA YlvlENT PLAN PROGRM1 AGREEMENT ("Agreement"), dated ,20_, for reference only and executed on the date on which the last party signs. by and behvcen Brookfield Orav Rl5/16 LLC A Delaware Limited Liability Comoanv ("Owner"), and the CITY OF CHULA VrST A, 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 OfChu!a Vista, County of San Diego, State of Cali fomi a, morc particularly described on Exhibit "A" attached ("Property"). B. On December 6, 2005, the City Council of the City approved the Resolution No. 2005-399, Final Map No. 15234 also known as Trellis Phase 8 Villa"e II rNei!!hhorhoods R.16) (the "Projecf'). C. O\VIler 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 pernlits are more particularly described on Exhibit "B", attached. Other fees or charges related to the Project, but not included in Exhibit "8"; shall still be due and payable to the City in accordance with the City Municipa] 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 Card No. 3120"), the City has the authority to defer Fees for 12 months from the penn it issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager or hislher 'designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non.residentia] development, whichever is earlier. F The City has found that the Fees arc 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 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, pursuant to all the tenns and conditions of this Agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Owner agrees and acknowledges that it is obligated to pay all Fees in type and amount identified in Exhibit "B" and such Fees are due and payable upon issuance of building pennits and by executing this Agreement WAJVES AND RELEASES lhe City tram any and all claims arising out of or related to this Agreement, including the amount and type of Fees identified in Exhibit "13". 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 certific:lte of occupancy for non.residential development, whichever is earlier CDeferral Period"). 3. Interest shall accrue at the California State Local Agency Investment Fund (LAIF) Apportionment Rate, per annum, in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid ("Accrm:d Interest''). Interest will be applied on the first of each month. .y-F& 4_ Owner on behalf of itself and ilS successors in interest. whether by inherilr1ncc., gift. bequest,. devise, sale.. conveyana; llSSi~cnt, or other mcthod oftranSfcning title or acquiring interest in or 10 any part of the Project or ProfJeny ('''Succcssors'h agrees to- pay the Fct:S and Ar;crued lnlCfcst with ;). certified check prior to or concurrent with the dale on which the Defcm:ll Period ends. 5. Owner :1grees that ifit roils 10 pay the Fees and Accrued Interest in full prior the end 'lfthe Defcrr.rl Period. City sha.lt withh'lld the final inspection or issuunc.e of cenjfic:ne of oct:upancy. as :l.ppHcable, until p<1}1ncnl of'Fc(:5 and Accrued li).tcrm is made in full. 6, All other rights of the ponies s1t.J1I remain unchanged. as i[the Fees were paid ill lhe time ofpennit issu:tncc. Without limiting the foregoing., the Fees payublc shaH be those in effect ill. the time ofexcc:utiOD of the AgreemeotllS set forth on Exhibit "B", 7. This Agrcemcil! shall be recorded by the City in the Official Records of the County of San Diego, Office of the COUI1t), Recorder nnd shnH coll5litutc a lien for the Fees and Aecrued lola-est binding upon and running with the Property, IrUle Owner sells or trnnSfers me Property or:lIlY portion of\JJe Property io any manner, Property shall not bercleased from:my orthc obligations, coven:mts., or conditions under this Agreement relating \0 the Propert}' or portion of the Property or Project being acquired. 8. The burden orlhis ,6,.greement shall be released from the title to the Property upon the payment of Fees and Accrued Interest. Within len (1 O) business d;J.}'S following the payment of the Fees and Accrued lnlen:st, Ibe Ot}' shall o:ecllle a "Rdeuse oruen" (Exhibit ~C"). which shall be in swndard form. approved by the City Anvmey~ rdeasing the burdcn of this Agrecment from the litle 10 the Property_ Failure o.fLhe City to exec:ul.e lhe Release or Lien \\.ithin ten (10) busim:ss d:J)'S ofpa)'mcnt of the Fees <md ACCT1lCd Interest shall not be deemed a breach or this Agreement. pr.ovidcd City makes its best effortS to e:c:ecUle the Release of Lien \.\-1lhin:1. reasonable lime thcrenftcr. 9. The Qwncragm:s nnd is obligated '10 paY:J1l COSlS associated with the recording orthc Agreement and Release ofUen. 10. Each signa1Dt)' to this Agreement rcpresenlS. w:Jffi1OlS, and certifies that he/she bas the authority to enter inta this Agn:cmenton behalf of the O\\ncr, the ae.encics/compMicsltrustS, respective offic.ets, directors. and/or trustees they represent {collectively _ Applicanti"} and 1hnt this Agreement sh:JU be binding upon and constilute till obllg>1Ilon oftbe Applicants. IN WITNESS WHEREOF. this Agreement is execuled by the CITY OF CHULA VISTA acting by and through it's Mayor or dcsi~aIcd and authorized n:t"rescnlative theretO. and by the OwnerJAppliCllf\L 0.,,, -,~ a-O~ \0 Brookfield Otay RI5/16 UC. ~ Limited Ul1bilitrCompany B~~ c'. ~ lIS f(b~"t. II f. THE CITY OF CHULA VISTA. D:Jte: A California municipal eorpor.ttioD By Is Approved as to fDrm and JCgollit}' this _darof .20 Burt Micsfcld., Cil)' Anorney By: Deputy City Anomey -!.)-. f? 7 EXHIBIT "A" LEGAL DESCRIPTION LOT 9 OF MAP NO. 15234 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28, 2005 AS FILE NO. 2005-1109168. .' fp ~- - -) , EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Trellis Phase 8 (BR09-0171) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Library DIF Fire DIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge TOTALS $ 45.00 $ 0.10 $ 3,478.00 $ 7.36 $ 307.30 $ 0.65 $ 525.00 $ 1.11 $ 1,670.20 $ 3.54 $ 563.00 $ 1.19 $ 517.00 $ 1.09 $ 1,243.00 $ 2.63 $ 1,072.00 $ 2.27 $ 160.00 $ 0.34 $ 1,330.00 $ 2.82 $ 26.09 $ 0.06 $ 1,579.00 $ 3.34 Balance of Deferred Fees $ 12,515.59 $ 0.21% Interest per Month* Balance Due at Finallnspection** 26.49 . Interest Rate at 2.54% per year (CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment Rate) .. Balance Due at Final Inspection = Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) ~'5-u~ !7 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 Ai"\ID DEVELOPMENT L\1PACT FEE PA YI\1ENT PLAN PROGRAM AGREEi'v1ENT ("Agreement"), dated .20-, fOf reference only and executed on the date on which the last party signs, by and between Brookfield Orav R15/16 LtC A Delaware Limited Liability Comnanv ('"Owner"), and the CITY OF CHULA VISTA, a California municipal corporation and charter city ("Cityn) with reference to the following facts: A. Owner is the owner of that certain real property in the City OfChula Vista, County of San Diego, State of Cali fomi a, more particularly described on Exhibit "A" attached ("Property"). B. On December 6, 2005, the City Council of the City approved the Resolution No. 2005-399. Final Map No. 15234 also known as Trellis Phase 8 Villm:!e II rNei2hborhoods R-16) (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 paY:lble pursuant to City's Municipal Code, non-codified ordinances rdated to land development, and California Government Code Sections 66000 et. seq ["Fees"]. The Fees applicable to the building permits are mure particularly described on Exhibit "8", attnched. Other fees or charges related to the Project, but not included in Exhibit "B", shnll still be due arid 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 fro.m 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 Fet:s 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 penn its, 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 hislber designee, or until the call for tinal 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 agrt:es to defer the payment of the Fees for 12 months from the permit issuance with an option to extend for an additional 12 months. at the sole discretion of the City Manager or hislber designee, or until the call for final inspection for reSidential development or issuance of certificate of occupancy for non.residential development, whichever is earlier ("Deferral Period"). 3. Interest shall accrue at the California State Local Agency Investment Fund (LAIF) Apportionment Rate, per annum, in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid ("Accrued Interest"). Interest will be applied on the first of each month. ~~70 _....._..._".......__._._._-'-_n nO__ 4. o-.vner on behalf of itself and its successors in interest., whclhcr by inherilmllX. gift. bequest, devise..s:U!:. convcynnce:.. ussignmc:nt., or other method of tr::mSft:ning title or acquiring; interest in or to any pan of the Project or Prop~' ('"Successors"). agr<<s to pay the Fees and Accrued mll,.'fcst with a certified check prior to or concurrent with !he date on which the: Defetm! Pt:riodcnds. :5. O\\l1er agrees Utat ifil fi!ils to pay the Fees and Accrued Interest in full prior the Imd aCme DefcrcI Period, City shall withhold the final inspection or issuance ofcenific:nc ofoa::upancy. IlS tlppliCllb\!:, until pol}ment of Fees and Accrued l~tcrest is ronde in full. 6, All other rights or the pan1e.s shall rcm:lll'l unchanged. as if Llle Fees were paid 111. the time of pcnnil issu:lncc. Withom Hmitiog the- foregoing, the Fees papble shall be those in effect at the time ofo:ccu!ioD oflhc Agreement as set fonh on Exhibit >OS"', 7_ This Agrc:emeOl shalt be recorded by the Cit)' in the Official Records of the: County orSan Diego, Office of the County Rerordcr and shaH eollStitute a lien for the Fe!:S and Accrued Interest binding upon and nmning wilh the Property. lfthc Q\'Il1er sells or transfers the Property or:my portion oflhe Propeny in any manner~ Propcny shaR not be released from:lTlY ofthc obligotions. covenants, or conditions under this Agr~emcnt rclating. 10 the Property or portion of the Ptopel1}' or Project being nc:quircd. 8. The bunkn of this Agrccment shall be released from the tille to Ih~ Propeny upon the: Jr.lymCtlt of Fees and Accrued Interest.. Within ten (10) business da}'S following the paY!"llCflt of the Fees ilnd Accrned Intell:Sl,!he City sholl c:'\Cc.llte a "R!:ICtlSe orUen" (Exhibit "C"). which sh:1l1 be. in st.andard form. appfovcd by the City Attorney. rclensing the burden 'lfthis Agreement from the title \0 me PropCIt)'. FaJlu.--e ofthc City \0 execUle the RcleZc of Wen ,'\.ithinlcn (10) business dnys of p:l~'me:Ol of the Fees and Accrued lnterest shall not be deemed a brezu:h oflhis Ag:rc:cment. provided City makes ils Dest effortS to e:teCUle the Rch::lI5c of Uen within a tea50nable t1me therc:aftcr, 9. The Owner ngm::s and is obligated 10 pay all costs nssOciiltcd with the rc:c.oniing oflhe Agru:mt:111 and RclenseofUcn. 10. Each signatDty to this Agreement rcprc:senlS. W<IJTaTlts, tIlId certifies that belshe hilS the iJuthority to enter into this Agreemenl on behalf of the Owner, the ngcncics!compnnic::s/lnJsts. respective ofIkers,. directors. and/or trustees they n:present {collectively -Applicants"} and thDt this Agreemenl sh:dl be binding upon and constitute ~ obligntion of the Applicnnts. IN WITNESS WHEREOF. this Agrecment is C:.'(ceutcd b)' the CITY OF CHULA V}ST A acting by and through it's Mayor or dcsig.tlmed and authorn.cd rqucseRlaUvc therelo, and b)' me OwnerJAppJiconL D"e:-/~d-O~ \0 Brookfield OlaY RI5Jl61..LC. ~ Limited UabiHryCompany .B~~ ~ I" ~St., 1/ f' THE CITY OF CHULA VJST A.. Date: A California municipal corporation By Is Approved as to form nnd legality Ulis _da)'of .26 Bart Micsfcld. Cit}' Altorney By: Deputy City Anomey s-9/ EXHIBIT "A" LEGAL DESCRIPTION LOT 12 OF MAP NO. 15234 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28,2005 AS FILE NO. 2005-1109168. s-- 2L. EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Trellis Phase 8 (BR09-0172) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DiF Library DIF Fire DIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge TOTALS $ 45.00 $ 0.10 $ 3,478.00 $ 7.36 $ 307.30 $ 0.65 $ 525.00 $ 1.11 $ 1,670.20 $ 3.54 $ 563.00 $ 1.19 $ 517.00 $ 1.09 $ 1 ,243.00 $ 2.63 $ 1,072.00 $ 2.27 $ 160.00 $ 0.34 $ 1,330.00 $ 2.82 $ 26.09 $ 0.06 $ 1,579.00 $ 3.34 Balance of Deferred Fees $ 12,515.59 $ 0.21% Interest per Month* Balance Due at Finallnspection** 26.49 Interest Rate aI2.54% per year (CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment Rate) Balance Due at Final Inspection = Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) ,s--fc3 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO' CITY OF CHULA V]ST A Attn: No transfer ta.x is due as this is a conveyance to a public agency ofless than a fee interest fOf which nu cash consideration'has been paid or received For Recorder's Use Only LlEN AND DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT THIS LIEN AND DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("Ag,eement"), dated ,20--, fOf reference only and executed on the date on which the last party signs, by and between Brookfield Otav R15116 LLC A Delaware Limited Liability Camnanv ("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 me City OfChula Vista, County of San Diego, State of Cali fomi a, more particularly described on Exhibit "A" attached ("Property"). B. On December 6, 2005, the City Council of the City approved the Resolution No. 2005-399, Final Map No. 15234 also known as Trellis Pha<;e 8 Villa!!e II rNeirrhborhoods R-16) (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 issuance of cenificate 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 cenificate 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.3 t20 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 ufthe 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 (Q 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 release of the City shall exclude any and all claims arising out afar 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, per annum, in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid ("Accrued Interest"). Interest will be applied on the first of each month. ,5J-7v!- _,_,_..__"U._" ,_ __~_____"_ ":' 4_ Owner on behalf of itself and its successors in interest, whether by inheri~cc.. gifL bequest. devise, sale., cQnveyanC(:, assignment, or other method oftranSfanng title OJ" acquiring interest in or 10 any part oflhe Project or PropCr1Y ('"Successors"'). agrees to pay the Fees and Accrued InterCSt with a certified check prior to or concurrent with the date on which the Deferral Period ends. 5. Owner a~ces that irit ri'l.ils 10 pay the Fees and Acrnled Inrerest in full prior the end oflhe Deferral Period, City shall withhold the final inspection or issuance ofccrtific::ue ofoa:upancy. ns appHcable,. until payment of Fee:; and Accrued l~tcrest is mnde in full. 6, All olher rights of the parties shall remain unclumged. as irlhe Fees were pnid llI. the time of pcnnit issu:mee. Without limiting the foregoing.. the Fees payable shall be those in effect at the time of e:xCc:utiOD oflhe Agreement as set rOM on Exhibit "S", 7_ This Agreement shall be recorded by the City in the Official Records ortheCounty of San Diego, Office orme Count)' Recorder nnd shnll constitute alien for the Fel.."S and Accrued Intercst bindlng upon and running with the Propelt}'". lfthe Owner sells or tranSfers the Propert}' or any portion oflbe property in any manner, Property shan not be tcleascrl from:my oflhc obligntions, covenants, or conditions under this Agrcemr:nt rclating to the Property or portion oIme Property or P,roject being ncquircd. 8. The burden OfUlts Agreement shall be: relenscd from the title. to the Pro-peny upon the pnyment ofFee:s and Accrued Interest. Within tcn (10) business cla)"s following the pa)'matt or Ute Fees iUld Accrued Interest, the dty shall o;ecnte 'tl "Reiense ofUa:I" (Exhibit "e"). which shall be in sUlncr.u-d fonn.. approved by the City Attorney.. relcnsil1g Ihe burden ofthis Agreement from the title 10 the Property. F:ulure Qfthc City 10 exeewe me Rclc:lSC orUen ~ithil1 (en (10) business da)'5 ofpa}'men( oftbc Fees and Accrued Interest shall not be deemed a brc:l1Zh of this Agreement. provided Cit)' makes iLs best effortS to e:tecute the Relense of Uen within a reasonable: lime thercclier. 9. The OWDeragrttS and is oblignted 10 pay all CClSts associated with the recording of the Agreement and Release oruen. 10. Each signatory to this Agreement represents, warrnnts:, md cenifies that he/she: has the authority to enll:!' into this Agreement on behalf of the Owner, the agencies1compnnics/trustS, respective officers, directors. andlor trusteC$ thcy rep~ent (collectively -ApplicanlS') and lhnI this Agreement shall be binding upOIl and constitute an ob-lig::ation of me Applicnnts. IN WITNESS WHEREOF, this A~men1. is e:tec.uted by the CITY Or:: CHtJLA V!ST A acling b}' nnd through ifs Mayor or desi!!l1atcd and authorized rq'lresenlaUve thereto. and by the. O\'11er/AppJiC!If\t. Da",/-a--o- \0 Brookfield Olay Rl5/16 UC, ~ Limiled U41bilityCompany B~~ ~ ,,, /'(bS-{. \ / f . TIlE CITY 0, CHULA VISTA. Dille.: A Califomiil municipal corpor-ulon By Is Approved :IS 10 form nnd teg;1Jity tIlls daror .20 Bart Mil.'Sfdd. Cif)' Attorney By: DepulY City Anomey ~~f'~~ EXHIBIT "A" LEGAL DESCRJPTION LOT 21 OF MAP NO. 15234 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28,2005 AS FILE NO. 2005-1109168. S::.9~ EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Trellis Phase 8 (BR09-0173) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Library DIF Fire DIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge TOTALS $ 45.00 $ 0.10 $ 3,478.00 $ 7.36 $ 307.30 $ 0.65 $ 525.00 $ 1.11 $ 1,670.20 $ 3.54 $ 563.00 $ 1.19 $ 517.00 $ 1.09 $ 1 ,243.00 $ 2.63 $ 1,072.00 $ 2.27 $ 160.00 $ 0.34 $ 1,330.00 $ 2.82 $ 26.09 $ 0.06 $ 1,579.00 $ 3.34 Balance of Deferred Fees $ 12,515.59 $ 0.21% Interest per Month* Balance Due at Finallnspection** 26.49 Interest Rate at 2.54% per year (CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment Rate) Balance Due at Final Inspection = Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) S.~97 RECORDING REQUESTED BY. AND WHEN RECORDED MAIL TO: CITY OF CHULA VISTA Alto: No transfer tax is du~ as this is a conveyance to a public agency of less than a fee interest for which nt)"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 PA ThIENT PLAN PROGRAM AGREEMENT ("Agreement"), dated .20_, for reference only and executed on the date on which the last party signs. by and bet\veen Brookfield Olav R15/16 LLC A Delaware Limited Liability Comoanv ("Owner"), and the CITY OF' CHULA VISTA, a California municipal corporation and charter city ("City") with reference to the following facts: A Owner is the owner of that certain real property in the City OfChula Vista, County of San Diego, State of Cali fomi a, mOTC particularly described on Exhibit "A" attached ("Propeny"). B. On December 6, 2005, the City Council of the City approved the Resolution No. 2005-399, Final Map No. 15234 also known as Trellis Phase 8 Village I I rNeiohborhoods R~16) (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 arc more particularly described on Exhibit "B", attached. Other fees or charges related to the Project, but not included in Exhibit "B", shall stitt be due arid 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 dt:ferral of Fees for the Project wo~ld 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 Fe~s 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 desih'llee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non-residencial development, whichever is earlier, pursuant to all the tenns 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 "8" and such Fees are due and payable upon issuance of building pemlits and by executing this Agreement WAIVES ANn RELEASE.S the CIty from any and all claims arising out of or related to this Agreement. including the amount and type of Fees identified in Exhibit "B" Owner's waiver and release of the City shall exclude any and all claims arising out of or related to the City's breach of this Agreement 2. City agrees to defer the payment of the Fees for 12 months from the permit issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager or hislher designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non-residential development, whichever is earlier ("Deferral Period"). 3. Interest sh::JlI accrue at the California State Local Agency Investment Fund (LAIF) Apportionment Rate, per annum, in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid ("Accrued Interest""). Interest will be applied on the first of each month. -S=-9P 4. Owner on bch:1lf of itself and ils successo~ in interest,. whether by inhcriUlncc.. gift. bequest,. devise, sale.. conveyance. assignment.. orothcr mciliod oflr.Ul5ferring title or ilcquiring interest in or to any pan of the Project or Propcny ("SUCCe5soJS).. a~ to pil}' the Fees <1Jld ACc:JUed lntClCSt with a certified check prior 10 or concurrent with the dat.c on which the Deferr.:Jl Period ends. 5. Owner agrees that int rcils to pay the Fees:mil Accrued Interesl in [ull prior the end orlhe DefcmU Period., City shall wilhhold the final inspection or iSStJance of cel1.ifiC::lle of occupancy. as :lpplicabte. until po!}'t1lI:nt of Fees and Accrued Interest is made in full. 6. All other rights oflhe parties sh:11l remain unchnnged. as if the Fees were pnid at the time or permit issu:Ince. Wimoullimiling the foregoing, the Fees paynble shall be those in effC'Ct at the time ofexeculion oflhe Agreement as set fOM on Exhibit "B". 7. This Agreemenlshnll be recorded by \he City in the Offici:ll Records oflhe County of San Diego, Office of the Count)' Ri:COTdcr Md shall constitute a lien for the Fees :md Accrued Interest binding upon mld runnin~ with the Propcny, lfthe OW!lef sells or tranSfers the Property or any portion of the property in any mnnner, Propctty shall not be: rcleilSCd from '3ny ort.hc obligntiollS, covenants, Of conditions under this Agreement rdating. 10 th<: Propert)' or portion of the PropC1t). or Projet:t being llequircd. 8. The bunlcn of this Agreement sholl be re!e:J,Sed from the tille to the Propert)' upon the payment of Fees and Accrued Interest. Within ten (10} business days following the payment of the Fccs omd Accrued lntcn:st..lhe City shrnl execote a "'Rt:icuse ofLicn" (Exhibit "C")_ which sh:1l1 be in stand:1rd form. approved by the City AUomcy. releasing the burden orlhis Agreement from me title to Elle Property. Failure orlhe City 10 execute: the Rc!e;)Se oruea within len (0) business days of payment orlhe Fel:S antI Aecrued Interest shall nOl be deemed a breach of this Agreemeol. provided Cit)' ma.~ its best effortS to e:'CeCUle the RclClISe of Wen 'within a reasonable time thereafter. 9. TIIC Qwneragn:cs and is oblig,lled to pay all COslS associated with the recording oflhe A;rec:ment and RclellSC of Lien. 10. Each signaler)' to this Agreement represents, WaITaIllS, and cenifies that he/she: has the outhonty to entCl' into this Agreement on behalf of the Owner, the ngencies/compnnies.hrosts, respective officers, directors. <ltldlor trustees they n:pres:nt (collectively -Applicants"') and Ibm this Agreement shall be bmding upon and constitute an obligation of we ApplicanlS. IN WnWESS WHEREOF. this Agreement is execuled b}' the CITY OF CHULA VISTA acting. by and through it's Mayor or dcsi~med ::md authorized reprt"Sentauve thcn:lo. and by the OwnerJAppliclltlL Palc:.,~a-o- \6 Brookfic:ld Otay RI51l6 LLC, ~~ . ~ lis ~St... \ / f . . THE CITY OF CHULA VISTA.. Date: A C31ifomia municipal corpOr.1tion B)' 15 Arvroved as to fonn lUJd Jeg111i~' tllis _dayor .20 Bart Micsfdd. Cit)' Attorney By: Deputy Cit)' Anomey $""-.;19 EXHIBIT "A" LEGAL DESCRlPTION LOT 24 OF MAP NO. 15234 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28,2005 AS FILE NO. 2005- 1109168. S-=-/QO EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Trellis Phase 8 (BR09-0174) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signai Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Library DIF Fire DIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge TOTALS 0.21% Balance of Deferred Fees Interest per Month" Balance Due at FinallnspectionH $ 45.00 $ 0.10 $ 3,478.00 $ 7.36 $ 307.30 $ 0.65 $ 525.00 $ 1.11 $ 1,670.20 $ 3.54 $ 563.00 $ 1.19 $ 517.00 $ 1.09 $ 1,243.00 $ 2.63 $ 1,072.00 $ 2.27 $ 160.00 $ 0.34 $ 1,330.00 $ 2.82 $ 26.09 $ 0.06 $ 1,579.00 $ 3.34 $ 12,515.59 $ 26.49 . Interest Rate at 2.54% per year (CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment.Rate) Balance Due at Final Inspection ; Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) ~/CJ/ RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: CITY OF CHULA VISTA AUn: Nu 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 Ai\'D DEVELOPrvfENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("Agreemenf'), dated . 20-, for reference only and executed on the date on which the last party signs, by and benveen Brookfield Otav R15/16 LLC A Dela\vare Limited Liabilitv Comnanv ("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 OfChu]a Vista, County of San Diego, State of Cali fomi a, more particularly described on Exhibit "A" attached ("Property"). B. On December 6, 2005, the City Council of the City approved the Resolution No. 2005-399, Final Map No. 15234 also known as Trellis Phase 8 Village II rNeig:hborhoods R-16) (the "Project"). C. Owner has applied for a building permitCs) for the Project. D. Upon the issuance of building permits, cenain fees arc 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 C"Ord. No. 3120"), the City has the authority to defer rees for 12 months from the permit issuance with an option to extend for an additional 12 months, at the sole discretion of the City Mannger or his/her designee, or until the call for 'final inspection [or residential development or issuance of cenificate of occupancy for non-residential development, whichever is carlier. 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 penuits, 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 tinal 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 1. City agrees to defer the payment of the Fees for 12 months from the pennit issuance with an option to extend for an additional 12 months, at the sole discretion of the 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 lnvestment Fund (LAIF) Apportionment Rale, per arulum, in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid C"Accrued Interest"). Interest will be applied on the first of each month. ";;--/0 ~ 4. Owner on behalf of itself and its successors in intcrt:SL, whether by inherilMcc. gift. bequest. devise. sale. conveyantt,. ilS:5ignmcnl. or otflcr method of tr.mSferring title or ncquiring interest in or to any part afthe Project or Property ('"Sm:cc:ssoJSJ., agrees to- pay the F~ and Accrued Intercst \'\ith a certified check prior to or conculttIlt with the date on which the Deferml Period ends. Owner agrees mat ifit fails 10 pay the Fees and Accrued ID~t in full prior thee l:Ild aflhe Defcro:I Period. Cit)' shall withhold the final inspection or issutll1ce of ccnificme of occupancy. as llpplicabh; until p<1)'mCnl of Fees and Accrued ~terest is: mode in full. 5. 6. An other rights orthe punies shall remain uncbnngcd. as if tlll~ Fc~ were paid allhe time of permit issu:lnec. Withoullimiting the foregoing, the FI:1:S payabk shall be those in effect at the time ofo:cculioD of the Agreement as set form 1)1]. Exhibit "B.... 7. This Agrcemcm shall be recorded by the City in the Officii! Records oftheCoUIlty of San Diego, Office of the County Recorder nnd sholl constitute a lien for the FC(:5 ;md AI:Ci1J~ Interest hinding upon and running. whh the Property. If the Owner sells Dr transfers the Propert)' or :my portion of the Property in uny manner, Propcrty shall not be: rcleased from :my orlhe obligalions, cQve:u;mlS, or conditions under this Agreement rclating.lo the Property or portion orlhe Property or Project being acquired... 8. The burden of lhis Agreement shnll be released from the title to !hl:: Propelty upon the payment of Fees and Accrued Interest. Within ten (10) business d:tys following the payment oflhe Fees iU1d Accrued interest., the City shall execute a "Release ofUQ'I." (E:mibil -en). which shall be tn. standard form. approved by the Cit)' Attorney. releasing Ihe hurden ofthis Agreement from Ihe tiue \0 tlie ProPcrt}'- Failure I;)fLhe City to execUle the Release ofLicn within lcn (lO) business dnys ofpa}wcot ofIhe Fees and Acl;t1Jcd Interest shall not be dccmed a bre::l.w of this Agreement.. provided City mnkes iLs best effortS to execnle the Release of Wen \\ilhin a reasonable lime HICJenftcr. 9_ The QWDcrngrees and is obligated to pay all costs associated with the rc:corrling ofm!: Agreement and Release of lien. 10. Each signatory to this Agreement rCpTcsentS, warrants, and certifies thai hcfshe bas the authority 10 enter into this Agreanclll on bclmlf of lhe Owner, the agencieslcomp:lI\icsfuusts, reSpcctivc officers. dirt:ctors. andlor lnlStees they represent {co!k.-ctively -Applicants} and thDt this A~eement sb::l.U be binding upon and constitute on cbligation oflhe AIlPlic:ltlts. IN WITNESS \VliEREOF. this Agrcem~1 is (:.,,<eculed by the CITY OF CHt.JU. ViSTA acting. by and through it's Mayor or dcs1gmllcd :md authoriz.c:d rq'Iresenlative thereto. ood by lhe Owner/AppliCmlL Do,e: I~d-O~ \0 Brookfield Olay RJ5J16 LLC. ~~ ~ )" ~St., I/f. THE CITY Of CHULA V1ST A. Date: A California mWlicipnl corpOr:ttiOD By Is Approved ::l..S to fDrm nnd 1egulil)' this _da)'or .2<1 Bart Miesfdd. Cit)' Attorney By: Dc.puty Clt)" Marney s//r:J..:3 EXHIBIT "A" LEGAL DESCRIPTION LOT 26 OF MAP NO. 15234 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28,2005 AS FILE NO. 2005-1109168. .s= -/{J rL EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Trellis Phase 8 (BR09-0175) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Library DIF Fire DIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge TOTALS $ 45.00 $ 0.10 $ 3,478.00 $ 7.36 $ 307.30 $ 0.65 $ 525.00 $ 1.11 $ 1,670.20 $ 3.54 $ 563.00 $ 1.19 $ 517.00 $ 1.09 $ 1,243.00 $ 2.63 $ 1,072.00 $ 2.27 $ 160.00 $ 0.34 $ 1,330.00 $ 2.82 $ 26.09 $ 0.06 $ 1,579.00 $ 3.34 Balance of Deferred Fees $ 12,515.59 $ 0.21% Interest per Month' Balance Due at Final Inspection" 26.49 Interest Rate at 2.54% per year (CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 ApportionmentRate) Balance Due at Final Inspection = Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) 5~/iJb 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!ess 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 DEVELOPl\'1ENT I?v1PACT FEE PA ThIENT PLAN PROGRAM AGREEME"l\T'f ("Agreement"), dated .20----" fOf reference only and executed on the date on which the last party signs, by and between Brookfield Olav R15/16 LLC A Delaware Limited Liabilitv Comoanv ("Owner"), and the CITY OF C::HULA 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 OfChu!a Vista, County of San Diego, State of Cali fomi a, mOTe particularly described on Exhibit "A" attached ("Property"). B. On Dccember 6, 2005, the City Council of the City approved the Resolution No. 2005-399, Final Map No. 15234 also known as Trel,lis Phase 8 Village II (Neighborhoods R-16) (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. scq ["Fees"]. The Fees applicabk to the building penn its are more particularly described on Exhibit "B", anached. Other fees or charges related to the Project, but not included in Exhibit "B", shall still be due arid 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.3 [20"), the City has the authority to defer Fees for 12 months from the penn it issuance with an option to extend for an additional 12 months, at thc sole discretion of the City Manager or his/hcr 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 tinal inspection or certiticate 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 hisiher designee, or until the call for final inspection for residcntial 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 pennits 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 Race, per annum, in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid ("Accrued Interest"). Interest will be applied on the first of each month. ..s---/of;, -.-.-..'---".' u ~_._ 4_ Q\vner on behalf of i15clf and j[S successors in interest, whether by inherilancc, gill. bequest, devise, sale.. conveyana; assignment., or other method of tr:InSferring title. or acquiring interest in or 10 any pan ofthc Project or Property ("Successors"}. Dgrtts to PilY the F~ and Accrued Interest with a certified check prior to or concurrent with the dale Oll which the Deferral Period ends.. 5. Owncr agrees that if it fcils to pay the Fees and Accrued InleT1$!. in full prior !he lmd oCme Defe.rmJ Period. City shall withhold the final inspection or iSSlJance of certificate of ocr:upancr. ns nppHcable., until p<1)'ment of Fees and Accrued lntef~ is mnde in ~ . 6. All olher rights: oflhc parties shall remain unchnngcd, as if I.lle Fees were. paid l1l the time of permit issuwce. WilhoUllirniting the foregoing. the Fees payable shall be thl:lS( in em.:Cl on the time of eJ;.t:CUtiOD oflhc Agrc:cment os set fOM Qn Exhibit "a", 1. This Agreement shall be recorded by the City in the Official Records oftheCoUDty of San Diego, Office oethe County Rl:COfdcr and sholl CDf15titute a lien forme Fees and Accrued lotctcst binding upon and running with the Ptopclt)'. If the Owner sells or trnnsfers the Property or:my portion orlhe Property in uny manner. Propen:y shall not be released from:my oflhe obligalions. covenants. or conditions under !his Agreement relating to the: Property or portion of me PtOPcny or Projet::t being nequircd. 8. The burden of this Agreement sholl be re)e;JSeo from the litle to the Property upon the payment of Fee:> and Accrued lnletCSt. Within ten (10) business days following the payment of the Fees and Accrued Inten.:sl,. the City shall Oi.ccOle a "R.elense of Licn- (E.xhibh wC"'). which shall be in standard form. approved by the City Attomey. releasing the burden Qfthis Agreement from the tille 10 tlte Propert)'. failure ()fthe City to execute the ReleMe ofUen wilhin len (0) business days ofpa~ment ofUle Fees:md Accrued lntc:restshilll n01 be deemed a bren::h of this Agreement. provided City ma.~es il.S best effortS to C:.'tecUle the RdCllSe of lJen within::t reasonable time thereafter. 9. The Owner agrees and is obligated to pay all costS associated with the recording oflhe A~eement and Release ofUcn. 10. Each signntoty to this Agreement represents. W:!JTOl1ts, and certifies thai he/she has the authority to enter into this Agrecrnenton behalf of the: Owner, the agencie::<;/companieSlUllsts. respective officers.. directors. :J.Jldlor trustees they represent (collo;;:tivdy _ ApplicanlS) ilIld thnt this Agre:ement ~all be binding upon and constitute an obligDtion of the Appliennt5.. IN WiTNESS WHEREOF.1h.is Agreement is e,xeculed by the CITY OF CHULA ViSTA acting by ~md through it's Mayor or dcsianated and authorized reprc:sentath'e thcrelo. <md by the Owner/ApplieOIlt. D<>,,:-J~d-O- \0 Brookfidd Oti:lY Rl5116 u..C. ~ Limited LiabililyCompany .B~~ ~ It< /'f'S-C \ / e ' THE CITY OF CHULA VISTA. Dillc: A, California municipal eorpor.nion By Is Approved as to form nnd Jcg;llity t!lis _daj'of .20 Bart Micsfcld. Cit)' Attorney By: DcputyCil)' Anomey .s--/o 1 EXHIBIT "A" LEGAL DESCRlPTION LOT 8 OF MAP NO. 15234 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28,2005 AS FILE NO. 2005-1109168. s"-;/cJ c.9 EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Trellis Phase 8 (BR09-0176) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DI F Library DIF Fire DIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge TOTALS 0.21% Balance of Deferred Fees Interest per Month* Balance Due at Finallnspection** $ 45.00 $ 0.10 $ 3,478.00 $ 7.36 $ 307.30 $ 0.65 $ 525.00 $ 1.11 $ 1,670.20 $ 3.54 $ 563.00 $ 1.19 $ 517.00 $ 1.09 $ 1,243.00 $ 2.63 $ 1,072.00 $ 2.27 $ 160.00 $ 0.34 $ 1,330.00 $ 2.82 $ 26.09 $ 0.06 $ 1,579.00 $ 3.34 $ 12,515.59 $ 26.49 Interest Rate at 2.54% per year (CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment, Rate) Balance Due at Final Inspection ; Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) $=-/0 9 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 IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("Ag"ement"), dated . 20--, for reference only and executed on the date on which the last party signs, by and between Brookfield Otav R 15116 LLC A Delaware Limited Liabilitv Com~ ("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 afthat certain real property in the City OfChula Vista, County of San Diego, State of Cali fomi a, more particularly described on Exhibit "A" attached ("Property"). B. On December 6, 2005, the City Council of the City approved the Resolution No. 2005-399, Final Map No. 15'234 also known as Trellis Pha<;e 8 Village 11 (Neighborhoods R.16) (the "Project"). C. Owner has applied for a building pennit(s) for the Project. D. Upon the issuance of building pennits, certain fees are due and payable pursuant to City's Municipa] 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 included in Exhibit "B", shall still be due arid 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. Pursu~t to City Ordinance No. 3120 ("Ord. No. 3120"), the City has the authority to defer Fees for 12 months fro:n the penn it issuance with an option to extend for an additional [2 months, at the sole discretion of the City Manager or hisJher designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non-residential development, whichever is earlier. . F The City has found that the Fees arc 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 umil Fees are paid; and the deferral of Pees 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 pennits, 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 hisJher 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 tenns and conditions of this Agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Owner agrees and acknowledges that it is obligated to pay aU 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 idcntifkd in Exhibit "B". Owner's waiver and release of the City shall exclude any and all claims arising out of or rdated to the City's breach afthis Agreement 2. City agrees to defer the payment of the Fees for 12 months from the penn it issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager or hisJher 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 llvestment Fund (LAIF) Apportionment Rate, per annum, in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid ("Accrued Interest"). Interest will be applied on the first of each month. ~-//o 4_ Owner on behalf of itself and ilS successors in interest., whelher by inhc:rilmlcc.. gift. bequest,. devise, sale.. couveyw.cr,. ilSSignmOl:l, or othcr mctltod ofL"'anSfemng title or acquiring interest in or 10:ul}' p:utofthe Project. or Proptrty ("SUCCCSSOIsj., agrees te pay the Fees and Accrued mlcrCSl with a certified check pOOfIO oreonculttIlt with the date on which the Deferral Pcrindcnds. 5. Owner agrees that ifit rcils to pay the Fees and Accrued Inlerest in full prior the end oflhe Defcrml Period, City shall withhold the final inspection or iSSlJance ofcenificatc ofo!:'Cupancy. IlS appliCilble, unlil po1)mcnt ofFcl:S and A<<rUl::d Interest is mQde in ~ . 6, All other rights oflhe pmties shall n:main unctumgcd. as if !he Fees were paid nllhe time of permit issuance. WilhoUllimiting the foregoin~ the Fees payable shalt be these in effect at the time ofexcc:utioo oflhe Agreement:!oS set rOM on Exhibit "B", 7. This Agreement sh;JJ! be recorded by lIle Cit)' in the Official Records of the County of Sro1 Diego, Office of the Count}' Recorder and shall constitute :J licn for the Fees:md AeaueO Interl:St binding upon and running. with the Property. lfthc Owner sells or tranSfers the Propert)' or wy portion ortbe Property ill any mnnner. Property shall not be released from:lIlY of the obJigQtlollS, covemmLS, or conditions under this Agreement relating 10 the Property or portion of the Propcrt)' or Project being ncquircd. 8. The burden of litis Agr:emcnt shnll be rcleosed from the: title 10 the Propeny upon the paymc:Ilt ofFecs and AC'C1'\Icd Interest. Within ten (10) business days followirlg the payment of the Fees nno Accrued lnte~ thc City shnll o;ccote a "Rclcuse ofUcn" (Exhibit -C"). which sh;JJ1 be in st:Jndard form. approved by thc City Attorncy. releasing the burden of this AgreemCflt from the title to the property. Failure ofLhe City to esccute the Rcl~e ofLicn within ten (10) business lfu)-s of payment ofib!: Fees anO Accrued Interest shall not be deemed n bfCam oflhis Agreement. provided City m:lkes its best effortS to c...;ccUle the Release of Uen \\ithin Ol reasonilble time thereW.CI. 9. The Owneragn:es and is obligated to paj' all costS associilled wilh the recording oflhc Agreement and RcleaseofUcn. 10. Each signatoI)' lO this Agreement represents, wmTants, and certifies th<lt he/she bas the ilUthorit}' to enter into this Agreemenl on bch:1lf of the Owner, the agenclcslcomP:'1l\icsltruSlS, respective omc:e~. ditcc:l(){S. and/or trustees they repres:nt {collectively -Applicants'"} illld tbnt this Agreement sholll be bmding upon and constitute om ob-ligation of the Applicants. IN WITNESS WHEREOF. this Agreemenl is c,xccuted by the CITY OF CHotA VISTA acting by and throug.h irs Mayor or desiamll.cd :md authorized n:presentative lhcrelo. and by the: Owncr/Applic:nnt. Do>": -J- a-O- \0 Brookfield Ot3Y RI5116 LLC, ~ Limited lJabilit)' Company B~~ ~ lis A(bS-r.- I/f. THE CITY OF CHULA VISTA. Date: A California municipal corporation By 1:; Approved :lS to fOml: nnd lelr.llit)'l.hts _dayof .20 Bart Miesfdd. Cit)' Attorncy By: Deputy City Anomey .,s--/I/ EXHIBIT "A" LEGAL DESCRIPTION LOT II OF MAP NO. 15234 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28,2005 AS FILE NO. 2005-1109168. S;. //2- EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Trellis Phase 8 (BR09-0177) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Library DIF Fire DIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge TOTALS 0.21% Balance of Deferred Fees Interest per Month* Balance Due at Finallnspection** $ 45.00 $ 0.10 $ 3,478.00 $ 7.36 $ 307.30 $ 0.65 $ 525.00 $ 1.11 $ 1,670.20 $ 3.54 $ 563.00 $ 1.19 $ 517.00 $ 1.09 $ 1,243.00 $ 2.63 $ 1,072.00 $ 2.27 $ 160.00 $ 0.34 $ 1,330.00 $ 2.82 $ 26.09 $ 0.06 $ 1,579.00 $ 3.34 $ 12,515.59 $ 26.49 Interest Rate at 2.54% per year (CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 ApportionmentRate) .. Balance Due at Final Inspection = Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) s-~/i3 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: CITY OF CHULA VISTA Atto: No transfcr ta.x is due as this is a conveyance to a public agency of less than a fee interest fOf which no cash consideralion has been paiq or received" For Recorder's Use Only LIEN AND DEVELOPMENT IMP ACT FEE PAYMENT PLAN PROGRAM AGREEMENT THIS LIEN Ai\TI DEVELOPMENT llv1PACT 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 Brookfield Olav R 15/16 LLC A Delaware Limited Liability Com~ ("Owner"), and the CITY OF CHULA VISTA. a California municipal corporation and charter city ('City") with reference to the following facts: A. Owner is the owner of that certain real property in the City OfChula Vista, County of San Diego, State of Cali fomi a, more particularly described on Exhibit "A" attached ("Property"). B. On December 6, 2005, the City Council of the City approved the Resolution No. 2005~399, Final Map No. [5234 also known as Trellis Phase 8 Village I I (Neighborhoods R~16) (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 Rayable pursuant to City's Municipal Code, non-codified ordinances related to land development, and California Government Code Sections 66000 et. scq ["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 pem1it 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. 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.3 120 requires Owner to execute a contract with the City, prior to the issuance of building pwnits, 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 hisfher designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non~residentiaI 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 penn its 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 afar related to the City's breach of this Agreement 2. City agrees to defer the payment of the Fees for 12 months from the penn it issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager or hislher designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non.residential development, whichever is earlier ("Deferral Period"). 3. Interest shall accrue at the California State Local Agency Investment Fund (LAIF) Apportionment Rate, per annum, in effeet on the date ofrhe execution of this Agreement through the end of the Deferral Period until paid ("Accrued Interest"). Interest will be applied on the tirst of each month. S../IY:: 4. Owner on behalf of itself and its successors in interest. \\'neIhcr by inheritancr:.. gift.. bC!plC$l, devise:, sak, conveyance. assignmc:nt. or other memo<! of U'3J1Sfemng. tille aT ilcquiring ioterest in or to nny part of the Project or Property ("Successors"'). agrees to pil)" the Fees and Accrued mlercsl with a certified check prior to or concurrent with the date on which the Deferml Pcriodcnds. 5. Owner agrees !hat ifit fi:lils to pay the Fees and Accrued Inten:St in futl prior the: end aflhe QcfcroJ Period, City shaR withhold the final inspection or iSSlJance of ecrtificllc of occupancy. ns applicable,. until p<1ymenl offees and Accrued ~terest is made in full. 6, All other rights of the punies shall remain unchnnged. as iftllC Fees were paid nllhe time of permit issuance. Withoullimiting the foregoing., the Fees. paycllle shall be those in effect al the lime of execution ofllu: Agreement ~ set rOM on Exhibit "B". 7. This Agrceme~ shalt be terorded by Ule Cil)' in the Official Records of the COUtlly of San Diego, Office orlhe County Recorder Illld sholl constitute :J lien for the Fe(:S and Accrued Inlerest binding upon and running. wilh the Property. lfthe Owner sells or tranSfers me PtOpe:rt)' or:my portion of the Property in any manner, Property shall not be releaserl from any oflhc obligationS-, covenants, or conditions under Ibis Agreement rclating 10 the Property or portion oIme Property or Project being acquired. 8. The burden oflhis Agrccrm:nt shnll be rel~ from !be title to the Property upon the pnymc:nl of Fees and Accrued lnteresl Within ten {to} business dnys following the pa}'mcnl oflhc Fecs nnd Accrued Interest. the City shnll c;.:ccate a "Release orDen" (Exhibit "C'). which shall be in st.:md:1rd form. approved by the City AUomcy, relcasin: Ihe burden arlhis Agreement from the liue \0 the property. Failure ofLhe City to execute the Release or Lien ,',.'ithin tcn (10) business d:!)'S ofp:1)ment of tile Fees and Accrued Interest shall nol be deemed a breach of this Agreement. provided City mnkes ilS hest effortS to e..'l:ecuIC the Release of Uen ,.\'ilhin a reasonab\c: time thereafter. 9. The Owner D:gm:s lJJ1d is obligated to pay 011 co:sts D:SSocl;rted with the t'l:t.Ording of me Agreement and Release oruen. 10. Each signnlOty to this: Agreement rcpn:sents, w3J111Ilts. and cenifies thai he/she has the autborltyto en!er into this Agreemenlon behalf of lh~ Owner. the ag.encicslcomp:xnicsftruSlS, respective omce~, directors. and/or 1.nl.Stecs they n::prcs!:nl (collectively -APl>licants") and thnt this A~eemcnl shaU be binding. upon and constitute D:n ohligation of me Applicnnl5. IN WITNESS \NliEREOf. this Agreemenl is exccuted by the CITY OF CHULA VISTA acling by :md through it's Mayor or d~ign:ucd rind authorized represenl:Jtive thereto. nnd by the O\\Tlcr/ApplieOIll. Oal" .,- ;3-0- \0 Brookfield Olay R15116llC. ~ Limited Uabilit}' Company .B~~ ~ Its ~St.. \ / f ' Date: THE CITY 0, CHULA VISTA. A California municipnl corporation By Is Approved :IS to form nnd JCg:1Jity Ulis _da}'or .20 Bart Mic:sfdd., Cit), Attorney By: Deputy City Anomcy ~//.s- EXHIBIT "A" LEGAL DESCRIPTION LOT 22 OF MAP NO. 15234 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28, 2005 AS FILE NO. 2005-1109168. S-,- /1(, EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Trellis Phase 8 (BR09-0178) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Library DIF Fire DIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge TOTALS 0.21% Balance of Deferred Fees Interest per Month' Balance Due at Final Inspection" $ 45.00 $ 0.10 $ 3,478.00 $ 7.36 $ 307.30 $ 0.65 $ 525.00 $ 1.11 $ 1 ,670.20 $ 3.54 $ 563.00 $ 1.19 $ 517.00 $ 1.09 $ 1 ,243.00 $ 2.63 $ 1 ,072.00 $ 2.27 $ 160.00 $ 0.34 $ 1 ,330.00 $ 2.82 $ 26.09 $ 0.06 $ 1 ,579.00 $ 3.34 $ 12,515.59 $ 26.49 Interest Rate at 2.54% per year (CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment. Rate) Balance Due at Final Inspection = Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) ..s-~//7 RECORDING REQUESTED BY, AND 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 than a fee inkrest for which no.cash consideration has be!.:n paid or received For Recorder's Use Only LIEN AND DEVELOPMENT IMP ACT FEE PAYMENT PLAN PROGRAM AGREEMENT THIS LIEN Al'JD DEVELOPMENT Ii'vlPACT FEE PA YlYfENT PLAt"1 PROGRAM AGREEtvIENT ("Agreement"), dated .20_, for reference only and executed on the date on which the 1<1$1 party signs, by and bety.;een Brookfield Olav R 15/16 LLC A Delaware Limited Liabilitv Comoanv ("Owner"), and the CiTY OF CHULA VISTA, a California municipal corporation and charter city CCity") with reference to the following facts: A. Owner is the owner of that certain real property in the City OfChula Vista, County of San Diego, State of Cali fomi a, more particularly described on Exhibit "A" attached ("Property"). B. On December 6, 2005, the City Council of the City approved the Reso]ution No. 2005.399, Final Map No. 15234 also known as Trellis Pha<;e 8 Villaec II (Neicrhborhoods R-16) (the "Project"). C. Owner has applied for a building pennit(s) for the Project. O. 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 d. seq ["Fees"}. The Fees applicable to the building permits are more particularly described on Exhibit "8", attached. Other fees or charges related to the Project. but not included in Exhibit "B", shall still be due arid payable to the City in accordance with the City Municipa] 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 diseretion of the City Manager or his/her designee, or until the call for tlna] 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 nOljeopardize the public health, safety, and welfare, G. Ord. NO.3 120 requires Owner to execute a contract with the City, prior to the issuance of building penn its, in order to defer (he payment of the Fees. H. City and Owner desirc to entcr into this Agreement deferring payment of the Fees for 12 months from the penn it issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager or hislher designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non-resi'dential development. whichever is earlier, pursuant to all the terms and conditions of this Agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: I. Owner agrces and acknowledges that it is obligated to pay all Fees in type and amount identified in Exhibit "8" 30d such Fees are due and payable upon issuance of building pennlts 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 "8". Owner's waiver and release of the City shall exclude any and all claims arising out of or related to the City's breach afthis Agreement 2. City agrees to defer the payment of the Fees for ]2 months from the permit issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager or hisJher designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non-residential development, whichever is earlier ("Deferral Period"). 3. Interest shall accrue at the California State Local Agency Investment Fund (LAIF) Apportionment Rate, per annum, in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid ("Accrued Interest"). Interest will be applied on the first of each month. S--//8 -.-.-..-..-..--...- ._._~-- .... 4_ ()\vner on behalf of itself and its SUCcesSOfS in interest, whether by inherilnncc.. gift. bequest, devise, s::lle, con....eyance. assignment., 01" other method ofuansferriIlg !ide oracquirmg interest in or 10 any part of the Project or Property (~SuccessorsJ. agrtts to pay the F~ and Acaued Interest wilh a certified check. prior to or concurtt:nt with the dale on which the Oeferrn! P1;riod ends. S. Owner agrees that if It r::tils to pay the Fees and Accrued Im~t in full prior the end afme Deferml Period. City shall withhold the final inspcc!ion or issuonce of cenifie<:ltc of o~up;mcy. ns applicable, until p:l)ment of Fees and Accrued lnter~ is mnde in ~ . 6. AU other rights or the parties shall remain unchnnged. as if the Fees were paid Df.lhe time of penn it isSUMce. WithoUllimiting the foregoing, the Fees pily.l.ble shall be those in effcct at the time ofexecution of the Agre:cment as set fonh on Exhibit "B". 1. This Agreeme01 shall be recorded by tl1e City in the Official Records afme COWlty of San Diego. Office of the County Rt:COTdcr nnd shIllI constitutc ::t lien for the Fees and AccrueO Interest binding upon and running with the Propell)'. lfthe Owner sells or tranSfers the Property or any portion oellle Property in nny nmnner. Property shall 1101 berclca<>cd from:my oCme obligntiolls. coven;'ln1S, or conditions under this Agreement relating to the Property or portion nfthe Property or Project being ncquired. 8. The burden of lilis Agreement shnll be relezed from the title to the Property upon the pllyment of Fees and Accroed lnterr:sL Within tcn {1 O} business d~'S following the payment of the Fees and Accrued Interest,. the Clly shall o:.eetlte a "RdcllSe of Lien" {E.>dlibit "C"). which shall he in standard form. appro....ed by the City Anomey. rdeasing [he burden armis Agreement from the title \0 the property. Failure ofLhe City to execUle the Release ofUcn within ten (10) busincs; dnys Ofp3yment ofthe Fees and Aerrucd InlCl15t shall not be deemed a bfc:1ch of this Agreement. provided City ma~es iis best effortS to c:",ecute the RdellSc of Lien within n reasonable: time thcre:lfter. 9. The Owner ngrt:eS nnd is obligated 10 pay all costs associated \\iih lhcrecording, efIDe Agreement and Rclezc ofUcn.. 10. Each signnIDt)' to this Agreement represents, \1,';uT;UJts, and certifies thai hclshe has the authority to enlcr into this Agreement on bcholf of the Owner, the ogencieslcomp:ll\ics11nJSIS. reSpective office~. dirco:tors., <lndlor InlStcts they repre.s:nt (collectively _ ApplicarMr} and thnt this Agreement sh:lU be binding upon 3J1d constitute an obligntion oflhe Applicants. IN WJTNESS WHEREOF. this Agreement is e.'tccull:d by the CITY OF CHULA VISTA acting. by and through it's Mayor or dcsi~lllCd :md authorized representative thcreLO. and by thc O\\1\er/AppliellflL D,": -J~ a--O~ \0 Brookfield Olay RI51l6 llC. ~ Limited Liabili(}'Compilrty .B~~ ~ ,,, ~S\.. \ / e ' THE CITY OF CHULA VISTA. Dale: A California municipal eorpOr.tl.iOD By. Is Approved ;is 10 fonn nnd leg:llil)' tnis _rlayof .20 Burt Micsfdd.. Cit)' Al10mey By: Deputy ell)' Anomey S--I/' EXHIBIT "A" LEGAL DESCRlPTION LOT 10 OF MAP NO. 15234 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28,2005 AS FILE NO. 2005-1109168. .s-:- -/.2...0 EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Trellis Phase 8 (BR09-0179) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Library DIF Fire DIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge TOTALS 0.21% Balance of Deferred Fees Interest per Month' Balance Due at Finallnspection** $ 45.00 $ 0.10 $ 3,478.00 $ 7.36 $ 307.30 $ 0.65 $ 525.00 $ 1.11 $ 1,670.20 $ 3.54 $ 563.00 $ 1.19 $ 517.00 $ 1.09 $ 1,243.00 $ 2.63 $ 1,072.00 $ 2.27 $ 160.00 $ 0.34 $ 1,330.00 $ 2.82 $ 26.09 $ 0.06 $ 1,579.00 $ 3.34 $ 12,515.59 $ 26.49 Interest Rate at 2.54% per year (CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 ApportionmentRate) Balance Due at Final Inspection = Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) ~/~( RECORDlNG REQUESTED 8 Y, AND WHEN RECORDED MAIL TO: ClTY 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 PA ThIENT PLAN PROGRAM AGREE0.fENT ("Agreement"), dated ,20--------, for reference only and executed on the date em which the last party signs, by <lod between Brookfield Olav R15!l6 LI C A Delawnre Limited Liability Camnanv ("'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$an Diego, State of Cali fomi a, more particularly described on Exhibit "A" attached ("Property"). B. On December 6,2005. the City Council of the City approved the Resolution No. 2005.399, Final Map No. 15234 also known as Trel]is Phase 8 Villao-e II (Neil2hborhoods R-]6) (the "Project"). C. Owner ha<; applied for a building permit(s) for the Project D. Upon the issuance of building permits, certain fees are due and payable pursu:mt 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 "8", attached. Other fees ur charges related to the Project, but nO( included in Exhibit "B", shall still be due and payable to the City in accordance with the City Municipa] Code. Omission of such additional fees and charges from Exhibit "B" shall not be a waiver ofthe 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 immediatdy needed for public improvements required to serve the Project; deferral of collection of Fees would encourage development vita] 10 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 "8" 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 penuit 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, per annum, in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid ("Accrued Interest"). Interest wi!! be applied on the first of each month. !J- / ~d-.. 4. Owner Ofl behalf of itself and its succesSDfS in inlert=St.., whether by inheritoocc.. gift. bequest, devise, sale.. convcynn~ assignment.., or orner method ortr:mSferring title or acquiring mterest in or to any part. of the Project or Propcny ('"Succcssms''h ngrees to pOly the Fees and Ar;tJUed Intercst with a certilied check prior 10 or concurrent with the date on which the Deferr.J.i pcnod ends.. 5. Owner agrees that ifil ro.ils to pay the Fees and Accrued mlen:st in full prior the enQ oflhe nefemd Period. City shun withhold the final inspection or issuance of certificate of occupancy. as applicable., until p;!)ment ofFecs and Accrued ~tcrest is mnde in full. 6, All other rights of the ponies shall remain unchanged., as if the Fec::s were pmd nllhe time of permit issu:mcc. WilhoUllimiting the foregoing. the Fees payable shall be those in eff~t at the time ofexecutioD oflhe Agreement:JS set roM on Exhibit ..S.... 7. This Agreement shall be recorded b}' the Cit)' in the Officii! Records: oftheCouoty of San Diego, Office orIhe Count}' RiXOrdcr and sholl coIlStitutc a lien for the Fees and Accrued Interest binding upon and running. whh the Property. lfthe Owner sells or trnnSfers me Propert)' or any portion oflhe Propeny in nny manner. Property shan not be rcleascd from:ln}' of the obligotiollS, covenlll1lS, or conditions under this Agreement relating to the: Propert)' or portion oJIhe Propert)' or Project being acquired.. 8. The: burd1:n of Utis A~ecmcnt sholl be released from the title to the Proper.)' upon the payment ofFer::s and Accrued lnter:st Within tcn {IO} business days following the payment ofLhc Fees ilnd Accrued Interest,l.he City shall o;ecnte a"Release of Lien- (E.'i:hibit -C"). which sh:tll be in standard form. apPfovcd by the City Attorney. releasing Ihe burden ofthis Agreement from the litle to me Properl)'- Failu.-e oflhe City to execute the Rclease ofUcn within ten (10) business lfuys of payment oftbe Fees and Accrued lnten:st shall not be deemed. a breach of lhis AgrcemenL. pmvidcd City mat.;es ilS best effortS to c:-:eCUle the Release of wen within a reasonable time thccenftcr. 9. The Owner ngr=s and is obli:;;llted 10 pa)' all costs assoditlcd with the recording oflhe Agreemenl and Release ofUen. Jo. Each signatory to this Agreement represents, W:lJI.lJ1ts, ood cenifie:s that helshc bas the :iutborityto enter into this Agreeme:nt cn beh.alfofthe O\\ner, the ngenciesfcompOlI\icsfuustS, respective: officers, direclors. <md/cr lnlSte:cs they represent {collectively -AppliCID"lts"} and thnt t.his Agreement shall be bindmg upon nnd constitute un obligation oflbe Applic:iDlS. iN WJTNESS WHEREOF. this Agreement is c:..:ecuted by the CITY OF CHULA V!ST A ac~ing. by and through ifs Mayor or dcsi~<ued and authorized rq'Iresenlative thc:rcto. and by the Owncr/AppliclIt'lL 03": "/- a-O- \0 Brookfield Olll)' RI5116 LLC, ~ ~.imilCd ~bmtyCompan)' .B~~ 1........-:::::,. ,,, ~S't, \ I f DOl!!:: THE CITY OF CHULA V1ST A. A California munil:ip'<11 corpor.llicn By " Approved as 10 form and legality this _daj'or .20 Bart Micsfdd. Cit)' Anomey By: Deputy City Anomey S-7~ EXHIBIT "A" LEGAL DESCRIPTION LOT 25 OF MAP NO. 15234 FILED IN THE OFFicE OF THE COUNTY RECORDER OF SAL'I DIEGO COUNTY ON DECEMBER 28,2005 AS FILE NO. 2005-1109168. s'-/;). t.f EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Trellis Phase 8 (BR09-0180) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Library DIF Fire DIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge TOTALS 0.21% Balance of Deferred Fees Interest per Month' Balance Due at Final Inspection" Interest Rate at 2.54% per year (CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment.Rate) Balance Due at Final Inspection = Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) $ 45.00 $ 0.10 $ 3,478.00 $ 7.36 $ 307.30 $ 0.65 $ 525.00 $ 1.11 $ 1,670.20 $ 3.54 $ 563.00 $ 1.19 $ 517.00 $ 1.09 $ 1,243.00 $ 2.63 $ 1,072.00 $ 2.27 $ 160.00 $ 0.34 $ 1,330.00 $ 2.82 $ 26.09 $ 0.06 $ 1,579.00 $ 3.34 $ 12,515.59 $ 26.49 ~-7.)..S RECORDrNG 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 A~'D DEVELOPMENT IMP ACT FEE PAYMENT PLAN PROGRAM AGREEMENT TIUS LIEN AND DEVELOPMENT IMPACT FEE PA YfI..1ENT PLAN PROGRM1 AGREEMENT ("Agreement"), dated .20_> for reference only und executed on the date on which the last party signs. by and between Brookfield Olav R15/16 LLC A Delaware Limited Liability Comnanv COwner"). and tht.: CITY OF CHULA VISTA, a California municipal corporation and charter city ("City") with reference to the following facts: A. Owner is the owner ortha! certain real property in the City OfChu]a Vista., County of San Diego, State of Cali fomi a, more particularly described on Exhibit "A" attached ("Property"). B. On December 6, 2005, the City Council of the City approved the Resolution No. 2005.399, Final Map No. 15234 also known as Trellis Pha<;e 8 Villu!!e 11 rNei!!hborhoods R.16) (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.coditied 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 additionall2 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. 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 (he 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 th~ 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, pursuant to all the terms and cunditions 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 "S" and such Fees are due and payable upon issuance of building permits and by executing this Agreement WArVES 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 "s" Owner's waiver and release of the City shall exclude any and all claims arising out of or related to the City's breach of this Agreement 2. City agrees to deft:[ the payment of the Fees for 12 months from the pemlit 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, per annum, in effect on the date of the execution of this Agreement through the end of me Deferral Period until paid ("Accrued Interest"). Interest will be applied on the first of each month. .,s--/.,.Lb 4_ Owner Oil behalf of itself and its succesSDrs m in\c:n=sL, wbether by inhc:riL.1ncc. gift. bequest, devise., snlc. convcy;mce. ilSSignmc:nl, Of other me~od ofL'"':lJ1Sfening title OJ"ncquiring interest in or 10 any p:utofthe Project or Property ('"Successors"'). agrees to. pay the Fees iIJ1d Accrued mlerest "1m a certified check. prior 10 or concurttnl with the dale on which the Dcferr.1l Pcrindcnds. 5. Owner agrees that if it rcils 10 pay the Fees and Accrued IntereSt in full prior the cnd of me Deferr:al Period, City shall wilhhold the firud inspection or issuance of certific:m: of oo:.upancy. llS nppli~le. unli1 payment of Fees and Accrued Interest is made in ~ . 6. AU ofberrights of the panies shnll rem.un unchungcd. as ifthc Fees were. paid Illlhe time of permit issu:mce. Without limiting the foregoing., the Fees payable shall be: those in effect at the time of execution oi lhe Agreement >IS set forth on Exhibit "B". 7. This Agreement shall be recorded by Ule at)' in the Official R!:Cords oflheCounty of San Diego, Office oflhe County Recorder and shaH constitute alien for the Fees and Accrued lntcrcst binding upon and running with the: Property, If1hc Owner sells or trnnSfers the Propert)' or;my portioo oflhe Property in MY nmnner. Property shall not be rcle.ascd from ~y of the oblignrioos, cove~ants., or conditions under this Agr~ment relating to the Property or pmuon of the Property or Project being. ncquircd. 8. The burden oftltis Agreement sholl be: released from the litte to the Property upon the payment or Fees and Accrued mterest. Wilhin ten (10} business days following the payment oflhe Fees lllld Acerued Interest..l.heCity shall C\ecate a "Rctcusc ofUcn" (Exhibit "e"). which sh:l1l be in sumdard form. approved by the City Anomcy~ releasing Ille burden cfthis Agreement from the title to the Property. Failure orlbe City to exCCU1c the Rcl~e ofUcn within (en (0) business days of payment oftbe Fees and ACt:nlcd Inter!:St shall not be d!:Cfficd a breach of this Agreement, provided City m;li;;es its best effortS to exe.cUle the Release of Lien within:a reasonable time thereofter. 9. The Owner agrees and is obligated 10 pay all COSlS associated with the recording ofIhe A~men1 :md Rde:lSC ofUea. 10. Each si~a1Ory to this Agreement represents, warrants, and certifies mat he/she bas the author1.t)'10 enter into- this Agreement on behal( of me Owner, the ag.encics/companic:sllnlstS. respective officers. directors.. and/or trustees they represent (collectively _ Applic:anI.S"} and thDt this Agreement shall be binding upon and constitute ttn obligation of me Applicmtts. IN W1TNESS WHEREOF. this Agreement is c,'teculed by the CITY OF CHULA VISTA acting by and wrough it's Mayor or dcsi~ated and authorized IX{lresenlath'e thcret.o. JIld by the QwnerJAppiicotlt. Dato: "/- a-O- '0 Brookfield Olay RI5116 LLC. ~ Limited Uability Company .B~~ ~ I" ~St.. \I e TIlE CITY OF CHULA VISTA. Date; A California municipal corporation By Is Approved as to form and ICg:llity Ulis _dayor .20 Burt Micsfdd.. City Auorney By: Deputy City Anomey $- -/;",L-? EXHIBIT "A" LEGAL DESCRIPTION LOT 13 OF MAP NO. 15234 FILED IN THE OFFICE OF THE COUNTY RECORDER OF .SAN DIEGO COUNTY ON DECEMBER 28, 2005 AS FILE NO. 2005-1109168. ."s:-/d-8 EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Trellis Phase 8 (BR09-0181) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Library DIF Fire DIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge TOTALS 0.21% Balance of Deferred Fees Interest per Month* Balance Due at Finallnspection** $ 45.00 $ 0.10 $ 3,478.00 $ 7.36 $ 307.30 $ 0.65 $ 525.00 $ 1.11 $ 1,670.20 $ 3.54 $ 563.00 $ 1.19 $ 517.00 $ 1.09 $ 1,243.00 $ 2.63 $ 1,072.00 $ 2.27 $ 160.00 $ 0.34 $ 1,330.00 $ 2.82 $ 26.09 $ 0.06 $ 1,579.00 $ 3.34 $ 12,515.59 $ 26.49 Interest Rate at 2.54% per year (CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment, Rate) Balance Due at Final Inspection = Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) s":-/d-9 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO- CITY OF CHULA VISTA Atm: No transfer ta,< 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 iMPACT FEE PA ytvlENT PLAN PROGRAtvI AGREEMENT ("Agreement"), dated .20-, fOf reference only and executed on the date on which the last party signs, by and behveen Brookfield Otav R15/t6 LLC A Delaware Limited Liabiliev Camnanv ("Owner"), and the CITY OF CHULA VISTA, a California municipal corporation and churter city ("City") with reference to the folluwing facts: A. Owner is the owner ofthal certain real property in the City OfChu[a Vista, County of San Diego, State of Cali fomi a, more particularly described on Exhibit "A" attached (""Property"). B. On December 6, 2005, the City Council of the City approved the Resolution No. 2005-399, Final J\.Iap No, 15234 also known as Trellis Phase 8 Villaoe II (Neiehborhoods R-16) (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 describcd on Exhibit "8", attached. Other fees or charges related to the Project, but not included in Exhibit "8", 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 "8" shall not be a waiver of the obligation of Owncr 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 11 months, at the sole discretion of the City Manager or hislhei 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 cnter into this Agreement defening 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 cenificate 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 [ype and amount identified in Exhibit "Bn and such Fees are due and payable upon issuance of building pennits and by executing this Agreement WAIVES ANn 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 caU for tinal inspection for residential development or issuance of cenificate of occupancy for non-residential development, whichever is earlkr ("Dderral Period"). 3. Interest shall accrue at the California State Local Agency Investment Fund (LAIF) Apportionment Rate, per annum, in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid ("Accrued Interest"). Interest will be applied on the first of each month. S-/30 ....-.:..... 4. ().vner on behalf of itself and its s.uccessors in interest, whelher by inheriLancc:.. gift.. bequest. devise. snlc., cQnvey;mce:. ~ignmcnL. or other method of transfwing title Of acquiring interest in or to any p::ut Qfthe Project or Property ("Suceessors)~ agrees to POl)' the Fees ilIld Accrued lnlcrcst wiili a certified check prior to or concurrent wilh the date on which the Deferral Period ends. 5. Owner agrees that if it rilils: to pay the Fees and Acerued Interest in full prior the end arlhe DefcrrnJ Pcriod, City shall withhold the final inspection or issumlce of cenific::uc or occupancy. as applicable. unlil payment orFees OU1d A~cd l:g.tcrest is mnde in full. 6, All olher ri~ of the parties shall remain unchnng~d. as iflhe Fees were paid tll the time or permit issu:mce. Withoullimiting. the foregoing,. the Fees payable shnIl be those in eITect at the time ofcxecution of the Agreement llS set fOM OIl Exhibit "B". 7. This Agreement sh<1l1 be recorded by the City in the Official Records oflheCounty of San Diego, Office oflbe Count)' Recorder nnd sholl constitute alien for the Fees and Accrued lntacsl binding upon and nmnip:g,with the: Property. lfthe Owner sells or transfers the Propert}' or;my portion of the Property in uny manner. PrOFcrt}' shan not be rclensed from :ul}' ofthc obligations. c:ovennnlS. or conditions under this Agrc:cment relating 10 the Proper\)' or pOIticn of me Propert}' or Project being Ilcquircd. 8. The bunkn ofULis Agreement sholl be released from the litle to the Property upon the p;'lymcnt of Fees and Accrued lnterc:st Within ten (1 O} business days following. the payment ofthc Fees and Accrued Interest,. the City shall exec.me a "Rdcase ofUcn" (E..'\hibh -C"). which shall be: In st:mdard fonn. ."pprovcd by the City At1Qmc.y~ relensing.lhc burden of this Agreement from the title to the Property. Failure oCthe City to exeeUle the Release of Lien ,\.ithin len (lO) business dnys ofpa}went of the Fees and Accrued Int~cst shall nel be deemed a breach of this Agreement. provided City makes its Dest effortS to c.'tccUle the Release of Lien within:l reasonable lime thereafter. 9. The Owner agm:s and is obligatcrl to pay aU costs associated \\ilh the recording ofIhe Agreement and Release ofLicn. 10. Eacb signalm:y to this Agreement represents, W:1lTllnts. (1I1d certifies thai he/she bas: the nuthoriry to enter into this Agreement on behalf of the Owner, the ag.encics/comp:micslUUSl.S. respective offieers, direclors. and/or trustees they rcyres::nt (collectively _ ApplicanLS') illld Ihnt this A;reement sh;lU be bmding upon and cOn5litute an ob-ligation of me Applic:mts. IN WITNESS WH.ER.EOF. this Agreement is c.xeculcd by the CITY OF CHULA vlST A acting by and through it's Mayor or designated:md authorized representative thereto. and by me O'\11er/ApplicnnL !);no: -,~ d-.O- \0 Brookfield Dlay RI5/16 UC, ~~ ~ Its ~S.t- II e ' Dale: THE CITY OF CHULA VISTA, A,. California municipl1l eorpor:UioD By Is Approved as 10 fonn nnd leg;l1il~' Ulis _day of .20 Bart Micsfcld. City Attorney By: Deputy Clty Anomey ~"T -/3/ EXHIBIT "A" LEGAL DESCRIPTION LOT 23 OF MAP NO. 15234 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28,2005 AS FILE NO. 2005-1109168. ~--/ .:3-2- EXHIBIT B Lien and Development Impact Fee Payment Plan Program Agreement Trellis Phase 8 (BR09-0182) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 5150 6000 8087 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Library DIF Fire DIF Recreation NPDES Fee Salt Creek Sewer DIF Otay Ranch Res Village 11 Ped Bridge TOTALS 0.21% Balance of Deferred Fees Balance Due at Finallnspection** Interest per Month' $ 45.00 $ 0.10 $ 3,478.00 $ 7.36 $ 307.30 $ 0.65 $ 525.00 $ 1.11 $ 1,670.20 $ 3.54 $ 563.00 $ 1.19 $ 517.00 $ 1.09 $ 1,243.00 $ 2.63 $ 1,072.00 $ 2.27 $ 160.00 $ 0.34 $ 1,330.00 $ 2.82 $ 26.09 $ 0.06 $ 1,579.00 $ 3.34 $ 12,515.59 $ 26.49 Interest Rate at 2.54% per year (CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment Rate) Balance Due at Final Inspection = Balance of Deferred Fees + (Interest per Month x Number of Months Deferred) S'i33