Ord. 2549 - Laserfiche WebLink

Browse Search

ATTY/ORD.0005/CC ORD FEE DEFERRAL REV: 06-13-25 VR Page 4 of 5 SECTION 18.269. FEE DEFERRAL AGREEMENT REQUIRED, AGREEMENT CONTENT Payment of the development fees may be deferred to the date of approval of the first temporary certificate of occupancy, the final building inspection, or the issuance of a final certificate of occupancy, whichever occurs first, provided the owner, or lessee if the lessee’s interest appears of record, of the real property for which the fees are 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 or lessee. The agreement shall provide that approval of the first temporary certificate of occupancy, final building inspection, or final certificate of occupancy for each separate building (if there are multiple buildings) shall not be granted until the impact fees are paid for that building. The agreement shall also provide that, in any action to collect the impact 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. SECTION 18.270 - AUTHORITY TO ADMINISTER & EXECUTE FEE DEFERRAL AGREEMENTS A. The Administrator may establish policies and procedures to administer fee deferral requests. B. The Administrator is authorized to execute fee deferral agreements for development fees authorized under the Mitigation Fee Act for Residential Projects. C. The Administrator is authorized to execute a release of lien agreement upon payment of the required fees.