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I 2.22. Recorded. ''Recorded'' means filed for record in the office of the Recorder of
Fairfield County, Ohio, or in such other office as may be provided by law for the recordation of
instruments conveying lands in Fairfield County, Ohio.
2.23. Resident. ''Resident'' means any person who h as a Place of Residence or any
person or entity who has a Place of Business, including a partnership or an S corporation as defined
in Section 1361 of the Internal Revenue Code of 1986, as amended. . .
2.24. Restrictions. ''Restrictions'' means all covenants, conditions, restrictions, charges,
liens and other obligations provided for in this Declaration.
2.25. Secretary. ''Secretary'' means the person serving as the secretary of the Board, or
any other person designated by the Board in his or her place to receive service of process.
2.26. Tenant. ''Tenant'' means any person or entity occupying an~Parcel (including any
part thereof and any structure or any part of any structure thereon) pursuant to a written or oral .';';\j
,f'-lease,
rental or license agreement with the Owner, or by permission of the Owner, or by permission '',I~
of or with any other person or entity claiming under the Owner, or under a tenancy at will or ,''';
sufferance.
2.27. Terms Defined in Chapter 349. The terms ''New Community'', ''New
! Community Authority'', ''New Community Development Program'', ''New Community District''
! and ''Organizational Board of Commissioners'' have the meanings given in Section 349.01 of the
Ohio Revised Code.
ARTICLE III
EXPANSION
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Additional Property may from time to time be subjected to this Declaration and the :i.:;
Restrictions by anyone or more of the Private Developers hereto recording a supplemental
Declaration describing the Additional Property and subjecting it to the Restrictions and this
Declaration; provided, however, that all Additional Property shall be within the City prior to being
subjected to the Restrictions and this Declaration. Such supplemental Declaration shall not require
the consent of the Owners of the Initial Property or the other signing Developers or compliance
with the provisions of Article IX but shall require the consent of the School District Board of
Education and the Developers Group. Any such expansion shall be effective upon such
supplemental Declaration being Recorded, unless otherwise provided therein. Any expansion may
be accomplished in stages by successive supplemental Declarations or in one supplemental
Declaration. All owners, successors and assigns to any of the Property shall take such Property
subject to this Declaration for so long as such Declaration is in effect.
ARTICLE IV
COVENANT FOR COMMUNITY DEVELOPMENT CHARGE
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, 4.01. Community Development Char2e Covenant. The Private Developer as the
original Owner of each Parcel hereby covenants, and each subsequent Owner of any Parcel, by
acceptance of a deed or other instrument or conveyance therefore, shall covenant and be deemed to
covenant, to payor secure the payment of the Community Development Charge applicable to the
Owner's Chargeable Parcel to the Community Authority as provided in Articles IV and V;
provided, however, that this section 4.01 shall not apply to any Chargeable Parcel subject to a
~?¥ transfer agreement between a Private Developer and an Owner that is executed prior to the ~,';:. . ''Resolution Date.'' ''Resolution Date'' means the date on which the Community Development
o~;:.:' Authority is declared organized and a body politic and corporate by resolution of the
:;-t~::;, Organizational Board of Commissioners pursuant to Ohio Revised Code Section 349.03. The 'c'
:c. Private Developers and each of them and each Owner agree that every transfer agreement for a
Parcel entered into after this Declaration is Recorded shall, in compliance with Section 349.07 of
the Ohio Revised Code, specifically refer to the Community Development Charge and identify the
volume and number of the deed records in which this Declaration is Recorded.
.
4.02. Purpose of Community Development Charee. The Community Development .'::~
Charge is established for the benefit and use of the Community Authority to cover all or part of the cY
cost of the acquisition, development, construction, operation and maintenance of Community
Facilities. A maximum of ninety-one and six-tenths percent (91.6%) of the Community
Development Charge (including any penalties and interest) calculated and coIlected pursuant to
this Declaration shaIl be used to pay for those Educational Facilities listed at part (i) of Section
2.09 of this Declaration. Not less than eight and four-tenths percent (8.4%) of the Community
Development Charge calculated pursuant to Section 5.02 of this Declaration and coIlected shaIl be
used to pay for those Community Facilities listed at part (ii) of Section 2.09 of this Declaration.
4.03. Creation of Lien and Personal Oblieation of Communitv Development
Charee. The Community Development Charge shaIl be a charge and lien on each Chargeable
Parcel and shaIl also be the personal obligation of the Owner of each Chargeable Parcel, both to the
extent and for the period provided in Article V.
4.04. Enforcement of Lien and Collection of Charee. Any lien established under this
Declaration may be enforced by the Community Authority in the same manner and to the same
extent (including appointment of a receiver, foreclosure sale and, where appropriate, deficiency
judgment) and subject to the same procedures as in the case of foreclosure of a real property
mortgage under the laws of Ohio. In any such enforcement proceeding, the amount that may be
recovered by the Community Authority shaIl include all costs of such proceeding, including
reasonable attorney's fees. In any such foreclosure sale, the Community Authority may become
the purchaser.
The Community Authority may also cause the coIlection of any Community Development
Charge by certifying that Community Development Charge to the Auditor of Fairfield County,
Ohio for coIlection on the tax duplicate.
No remedy conferred upon or reserved to the Community Authority by this Declaration is
intended to be exclusive of any other remedy. Each remedy shall be cumulative and shall be in
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: addition to every other remedy given hereunder or otherwise to the Community Authority or now I h ft ''
or erea er exIstIng.
ARTICLE V
COMMUNITY DEVELOPMENT CHARGE
5.01. Establishment of Communitv DeveloDment Char2e: Effective Date. There is ., hereby established for the benefit of the Community Authority, as a charge on each Chargeable
Parcel, an annual Community Development Charge in an amount determined in accordance with
Section 5.02. Such Community Development Charge shall be paid to the Community Authority
by the Owner of each such Chargeable Parcel in the manner provided in this Article. Such charge
shall be paid on each Chargeable Parcel for forty (40) consecutive years from its first imposition
on that Chargeable Parcel.
The Community Development Charge shall not be assessed agains; a Chargeable Parcel
until such time as a certificate of occupancy has been issued for a residential structure constructed ,;j on that Chargeable Parcel. ''
5.02. Amount of Communitv DeveloDment Char2e. Subject to waiver, reduction or ~
termination of the Community Development Charge as provided in Sections 6.03 and 6.04, the
amount of the annual Community Development Charge for each Chargeable Parcel shall be the
product of (a) the Assessed Valuation for such Chargeable Parcel, multiplied by (b) $0.00875
(8.75 mils) for an initial period, the duration of which shall be determined and finalized by the
CDA organizing members during the formation period in consultation with bond marketing
experts in order to maximize early funding of CD A programs. Such initial period shall in no event
exceed ten (10) years. After the initial period the millage rate shall be $0.006 (6 mils) for the
balance of the term of this Agreement. 'iC~
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5.03. Payment. One-half of the annual Community Development Charge for each
Chargeable Parcel shall be due and payable semiannually on due dates determined by the Board,
unless otherwise pennitted by law and approved by the Board. Each installment shall be paid
within the time prescribed by the Board. No Owner shall be required to prepay any installment to
the Community Authority, but nothing herein shall preclude Owner from agreeing with the
Community Authority to prepay all or any part of the semiannual installments on a monthly or
other basis. If Chapter 349 shall hereafter be amended to allow the payment of the Community
Development Charge at more frequent intervals, the Board shall have the power to increase the
frequency of such installments accordingly.
Notwithstanding the foregoing, (a) the Community Authority may enter into an agreement
with any mortgage lender for the escrowing of Community Development Charge installments with
such lender with respect to any Chargeable Parcel and for the periodic payment of the escrowed
installments to the Community Authority, and (b) so long as such agreement continues, the Owner
of any Chargeable Parcel on which such lender holds a mortgage shall, if such Owner so consents,
pay the Community Development Charge installments with respect thereto directly to the lender,
provided, however, that the obligation to pay the Community Development Charge shall remain
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. that of the Owner and is not satisfied until and unless full payment of the Community
Development Charge is received by the Community Authority.
5.04. Penalty and Interest. For each Chargeable Parcel for which any installment of the
Community Development Charge is not paid within the period required, there shall be added to the
installment (A) a penalty of t en percent t hereof a nd (B) interest at the greater 0 f (i) t he Late
Payment Rate or (ii) ten percent per year on the sum of the amount of such installment, plus the
interest that h as accrued thereon for more than six months, plus the penalty until p aid. A ny
. payments of less than the full amount shall be credited first against the penalty and second against
the interest accrued to the date of payment. The applicable penalties and interest are part of the
Community Development Charge.
5.05. Refund and Reduced Assessed Valuation. If the official assessed valuation of --- --- --
any Chargeable Parcel (by which the Assessed Valuation thereof is determined pursuant to Section
2.01) is reduced for any year pursuant to Sections 5715.11 through 5715.16 of the Revised Code,
upon application of the Owner to the Board the Assessed Valuation shall be reduced in the same
amount, and the Community Development Charge for such year shall be p;oportionately reduced.
If any installment of such Community Development Charge has been paid before the date of such
reduction, the sole procedure for refund is that the Board shall credit the same against any other
amounts due or to become due to the Community Authority with respect to the Chargeable Parcel.
5.06. PersonalObli2ation. Each Owner shall be and remain personally obligated for the
payment of the Community Development Charge with respect to his or her Chargeable Parcel,
including any penalties and interest thereon, which is attributable to that Owner's period of
ownership.
5.07. Community Develooment Char2e Lien. The Community Development Charge
with respect to each Chargeable Parcel, including any penalty and interest thereon, shall constitute
a continuing lien in favor of the Community Authority on such Chargeable Parcel. If an
installment or any part of an installment of the Community Development Charge on any Parcel is
not paid within the period provided in Section 5.03, the lien with respect to such delinquent
installment or part thereof shall be enforceable in any manner provided in Section 4.04. Such lien
shall be prior to all other liens and encumbrances thereon whatsoever, excepting real estate taxes
and assessments and liens of the United States of America, the State of Ohio, and all other political
subdivisions or governmental instrumentalities of the State of Ohio to the extent made superior by
applicable laws enacted by the Ohio General Assembly.
5.08. Evidence of Payment. Upon the request of the Owner or any mortgagee or lessee
of any Chargeable Parcel or any prospective purchaser, mortgagee or lessee thereof, the Board
shall furnish written evidence of the amount of the Community Development Charge with respect
thereto for the current year and the amount of any unpaid Community Development Charge,
including any penalty and interest for the current or any previous year. Such evidence may be
conclusively relied upon by any such party and by anyone furnishing any title evidence or opinion
with respect to such Chargeable Parcel.
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