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(a) If land is to be dedicated, whether within or outside the subdivision, approval of the tentative map shall be subject to the following condition:
(1) Fee title to the land shall be conveyed by grant deed to the County, other governmental agency or other entity responsible for operation and maintenance of parks and recreation facilities, as approved by the County, that is free and clear of all encumbrances, including utility easements and underlying drainage systems, except those which, in County's opinion, will not interfere with the use of land for park and recreational purposes and which the Department of Parks and Recreation agrees to accept, as evidenced by a Phase I and/or II Environmental Site Assessment and a California Land Title Association policy provided by the applicant or developer and subject to approval of the Director. The applicant shall convey fee title to the County prior to approval of the final map and the grant deed shall be recorded immediately following the recordation of the final map. The applicant shall provide all fees and instruments required to convey fee title to the land plus title insurance in favor of the County; or
(2) Enter into a secured Park Acquisition and Improvement Agreement pursuant to Section 810.119 of this Chapter.
(b) If Park In-Lieu Fees are to be paid, such fees shall be collected on a per dwelling unit basis prior to the issuance of a building permit or such other permit for development required to authorize the construction or installation of a dwelling. The applicant shall pay the fees prescribed in this Article or shall present a written statement from the Director of Parks and Recreation certifying that the requirements of this Article have been satisfied with respect to the development for which permits are sought. The obligation to pay Park In-Lieu Fees shall be noted on both the tentative map and the final map.
(c) Notwithstanding the provisions of this Subsection to the contrary, the payment of Park In-Lieu Fees in connection with residential Subdivisions may be deferred and paid prior to or at the time of scheduling a final building inspection, if the applicant executes an agreement with the County for a fee deferral. Applicants choosing to execute an agreement with the County for a fee deferral, shall pay the PLDO fee amount in effect at the time of PLDO fee payment. In the event the County, for any reason, fails to collect any or all PLDO fees prior to final inspection, such fees shall remain the obligation of the applicant and/or the property owner.
(Added by Ord. No. 10554 (N.S.), effective 1-1-19; amended by Ord. No. 10649 (N.S.), effective 2-28-20; amended by Ord. No. 10705 (N.S.), effective 1-8-21)