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