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7B Page 18 D. There is no requirement that any park or recreational facility fully or parEialiy funded pursuant to #his Article or dedicated to the City pursuant to this Article be accessible only to the residents of a specific subdivision, and all such parks and recreational facilities shall be open to the public in the manner specified by the City Council and by city policy. E. Coliected fees shall be appropriated by the City or paid for a specific project ta serve residents of the subdivision in a budgetary year within five years upon receip# of payment or within five years after the issuance of building permits an one-half af the lots created by the subdivisian, whichever occurs later. 30.14� Timing of P�iyment, A. Any fee required by #his Article shall be payable with respect to the entire subdivision when any application is s�bmitted fcr any bu��uirg p2rmit in the subd��i��or. However, paymen# of the portian of the fee attributab[e to each parcel in the subdivision may be deferred to the date of approval of fihe final building inspection of the building an that parcel, provided the subdivider enters into a recordable agreement with the city prior to issuance af#he building permi# for the development, which shall constitute a lien on the property from the date o# recordation and shali be enforceable against successors in interest ta the property owner. The agreement sha11 provide that approval af the finai bui3ding inspection shall not be granted until the fee is paid. The agreement shall also provide that, in any action to collect the fee or any portion thereof, the city shafl be entitled to all of its costs of enforcement and collection, including reasonable attorney's fees. The city manager may execute such agreements on behalf of the city in a form acceptable to the city attorney. B. A credit granted pursuant to Section 30.145(C) shall be applied when the city accepts the land or improvement. If the city council has made the determinations required by Section 30.145(C), payment of a portion af the required fee equa! to the amount of an expected credit against the fee may be deferred to the date of approval of the final building inspection of the development, provided the awner of the real property for which the Fee is required enters into a recardable agreement with the city prior to issuance of the building permit for the development, which shall constitute a lien an #he property from the date of recordation and shalf be enforceable against successors in interest to the property owner. The agreement shall provide that appraval of the final building inspection shall not be granted until the fee is paid or the credit issued. The agreement shall also provide that, in any action to collect the fee or any portion thereof, fihe city shall be entitled to al! of its costs of enforcement and coilection, including reasonable attorney's fees. The city manager may execute the agreement on behalf of the city in a form acceptable to the city attorney. C. If a building permit or other entitlement for a subdivision expires wifihaut cammencement of construction, then the subdivider shall be entitled to a refund, without interest, of the in-lieu fee paid as a condition far its issuance, except that the City shaEl retain two percent (2%) of the fee to offset a portion of the costs of collection and ATTY/ORD/ORD.287 090507