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10/22/2007 D. There is no requirement that any park or recreational facility fully or partially funded pursuant to this 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. Collected fees shall be appropriated by the City or paid for a specific project to serve residents of the subdivision in a budgetary year within five years upon receipt of payment or within five years after the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. 30.148 Timing of Payment. A. Any fee required by this Article shall be payable with respect to the entire subdivision when any application is submitted for any building permit in the subdivision. However, payment of the portion of the fee attributable to each parcel in the subdivision may be deferred to the date of approval of the final building inspection of the building on that parcel, provided the subdivider enters into a recordable agreement with the city prior to issuance of the building permit for the development, which shall constitute a lien on the property from the date of recordation and shall be enforceable against successors in interest to the property owner. The agreement shall provide that approval of the final building 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 shall 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 of the required fee equal 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 owner of the real property for which the Fee is required enters into a recordable agreement with the city prior to issuance of the building permit for the development, which shall constitute a lien on the property from the date of recordation and shall be enforceable against successors in interest to the property owner. The agreement shall provide that approval 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, the city shall be entitled to all of its costs of enforcement and collection, 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 without commencement of construction, then the subdivider shall be entitled to a refund, without interest, of the in-lieu fee paid as a condition for its issuance, except that the City shall ATTY/ORD/ORD.287 100207 2319 formerly muff # .305