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CC Resolution 11739 RESOLUTION NO. ii~39 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE CITY MANAGER TO ENTER INTO A PAYMENT AGREEMENT WITH ANDREW AND ASHLEY BOTHMAN FOR PAYMENT OF A PARK IMPACT FEE ASSOCIATED WITH CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE ON PROPERTY LOCATED AT 226 SUNNYSIDE AVENUE. WHEREAS, Andrew and Ashley Bothman are sole owners ("owners") in fee of certain real property commonly known as 226 Sunnyside Avenue, Campbell, California ("subject property"); WHEREAS, owners constructed a new single-family residence on the subject property pursuant to Building Permit- BLD2012-00944, which was granted a Certificate of Occupancy on June 17, 2014 on the basis of a Cash Deposit for a Faithful Performance Agreement entered into by the owners on April 10, 2014; WHEREAS, the Community Development Director determined that the construction of the single-family residence occurred on a vacant lot without the presence of a "legally constructed unit" as defined by the Campbell Municipal Code and therefore necessitated payment of a Park Impact Fee; and WHEREAS, at its August 5, 2014 meeting, the City Council denied an appeal of the Community Development Director's determination and directed the City Manager to enter into an agreement fora payment plan with the owners for remittance of the Park Impact Fee. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby authorize the City Manager to enter into a payment agreement with Andrew and Ashley Bothman for payment of a Park Impact Fee subject to the following terms: DEPOSIT: The $5,000 cash deposit provided as security to the April 10, 2014 Cash Deposit for a Faithful Performance Agreement shall be applied to the $9,986 Park Impact Fee, reducing the balance due to $4,986. PERIOD: Payment of the remaining Park Impact Fee ($4,986) shall be paid over a period of twenty-four (24) moriths. INTEREST: Three and one half percent (3.5%) compounding interest shall be applied. TIMING: Owners shall sign the payment agreement within fourteen (14) days of it being provided by the City. Failure to do so shall constitute breach of the Cash Deposit for Faithful) Performance Agreement subject to the remedies provided therein. INITIATION: The First Payment shall be due the first day of the next month following execution of the payment agreement. City Council Resolution 226 Sunnyvale Payment Plan Paae 2 PASSED AND ADOPTED this zest call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: day of Baker, None NOrie Crist APPROVED: ATTEST: '~/~'X~-~'~ Anne Bybee, City Clerk October , -2014, by the following roll Low, Kotowski, Waterman