A deferral agreement sets forth the conditions and provisions under which the city will defer payment of city fees as set forth in this section and shall be in a form approved by the city attorney. The city manager, without city council approval, may execute deferral agreements.
A. Payment of deferred city fees. The developer shall pay all deferred city fees prior to the initiation of final inspection, prior to the expiration of the building permit for the project, or three years from the effective date of the deferral agreement, whichever occurs first. Any final inspection performed or certificate of occupancy issued prior to the payment of deferred city fees is void.
B. Payment amount. The amount of deferred city fees to be paid is the amount of fees owed on the effective date of the deferral agreement.
C. Late payment. If the developer does not pay the deferred city fees when due, the developer, in addition to paying the deferred city fees, shall pay a late fee equal to 10% of the deferred city fees.
D. Collection expenses. If the developer does not pay the deferred city fees when due, the developer shall pay all expenses the city incurs to collect the fees, including but not limited to city staff time, third-party costs, and reasonable attorneys' fees and litigation costs, whether incurred for the city's staff attorneys or outside attorneys.
E. Prevailing wages. Depending on the circumstances, the developer's participation in the program may cause the developer's project to be a "public work" subject to the prevailing wage and apprenticeship requirements of the California Labor Code and chapter 3.60 of this code. The city makes no representation regarding the application of these laws to the project, and the developer should consult with the developer's own legal counsel on this issue before participating in the program.
F. No third-party beneficiaries. Nothing in the deferral agreement is intended or shall be construed to give any person, other than the parties to the agreement, any legal or equitable right, remedy, or claim under the agreement.
G. No assignments. The developer may not assign the deferral agreement or any of its rights, interests, or obligations under the agreement. (Ord. 2017-0017 § 1; Ord. 2008-052 § 2)