RESOLUTION NO. 2024-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, A DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT WITH ALDEA FONTANA FOOTHILL, LLC FOR THE ALDEA LEGACY APARTMENTS MULTI-FAMILY RESIDENTIAL HOUSING PROJECT AND AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT AND TAKE CERTAIN ACTIONS TO COMPLETE THE TRANSACTION WHEREAS, pursuant to California Government Code Section 66000 et seq. (the “Mitigation Fee Act”), the City of Fontana has exercised its authority to establish and impose development impact fees upon new development within the City of Fontana; and WHEREAS, Aldea Fontana Foothill, LLC (“Owner”) is the owner of that certain real property located at 15186 Foothill Blvd., Fontana, CA 92335, in San Bernardino County, California, identified with Assessor’s Parcel Number 1110-161-44-0000 (former APN 1110-161-09-0000) ("Property"); and WHEREAS, the Owner is constructing a multi-family residential housing development project on the Property (“Project”); and WHEREAS, the Fontana Housing Authority, (the “Tenant”) and Owner (the “Landlord”) entered into that certain Lease Agreement dated _______________ (“Lease Agreement”) whereby Tenant leased the Property and will take possession and operate the Property as an affordable housing apartment complex when construction of the Project has been completed; and WHEREAS, in order to assure that the Project is financially feasible and that the Owner is able to deliver the needed affordable housing and supportive services, the Owner has requested that the City development impact fees that are imposed in connection with the Project be deferred; and WHEREAS, the City is willing to defer the payment of City development impact fees pursuant to certain terms as set forth in this resolution, in furtherance of the substantial public benefits that will be provided by the Project.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, as follows:
Section 1. The recitals set forth above are true and correct and are hereby incorporated into this Resolution by this reference.
Section 2. Based on the information provided in the staff report, the City Council authorizes the deferral of payment of the development impact fees levied against the Project on the following terms:
A. This deferral shall only apply to development impact fees levied by the City. It shall not apply to any other fees levied by the City, nor shall it apply to fees levied by the County, School District or any other public entity.
B. Owner shall pay the total amount of fees deferred upon the occurrence that 1) the Property is sold, or 2) the date the Lease Agreement expires, whichever is earlier but in no event shall the Deferred Fees for the Project be paid later than September 30, 2034.
C. Owner shall execute a Development Impact Fee Deferral Agreement with the City to provide the terms and conditions for the deferral of the development impact fees.
D. City shall record this Agreement against the Property upon full execution by the City and Owner and will file a release of lien when the Deferred Fees plus any interest, charges and fees have been fully paid and satisfied.
Section 3. The City Council further authorizes the City Manager to execute a Development Impact Fee Deferral Agreement in a form as approved by the City Attorney with the terms as set forth in this Resolution, and to execute any other documents and carry out such actions as are necessary or appropriate to carry out the City Council’s direction as set forth herein.
Section 4. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City declares that the City would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
Section 5. This Resolution shall become effective immediately upon its adoption.
Section 6. The City Clerk shall certify adoption of this Resolution.
APPROVED AND ADOPTED this _______day of ______________, 2024.
READ AND APPROVED AS TO LEGAL FORM:
_____________________________________
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the _____ day of ___________, 2024, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:
City Clerk
16498.00100\42826908.1
16498.00100\42826908.1
Resolution No. 2024-____
Resolution No. 2024-___