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Community Center. ,. Agreed Impact Fee'' means the voluntary payment made at the time of the
title transfer by an owner or developer of residential houses in the CDA, beginning on the 45151
house sold to the 3,OOOlhhouse sold. The ordinance wiIl take effect only after the CDA becomes
effective and will remain in effect only so long as the CDA is effective and none of the terms and
conditions which would cause the CDA to be breached occur. Notwithstanding anything else in
this Agreement, should the City fail to pass the ordinance as herein described or should a
moratorium of any kind be applied to the property in the CD A, the Agreed Impact Fee is void and
terminated with no further obligation by the signers of this Agreement, the Building Industry
. Association (..BIA ''). I
If a final judicial adjudication is rendered or lawful executive or legislative action is taken
by the government of the State of Ohio which effectively enjoins or prevents the Community
Authority from (i) implementing or coIlecting the Community Development Charge or
(ii) carrying out any other substantial or important duty or responsibility imposed on it under this
Declaration or receiving or accepting any other substantial or important benefit granted to it by this
Declaration, the Community Authority and any of the Private Developer Group shaIl, within thirty
days after the rendition of such adjudication or the taking of such action (or such longer period that
they may agree upon), attempt to agree upon a course of action that w'iIl remedy any defect
identified in such adjudication or created by such action, and if within such thirty-day (or
extended) period no course of action is agreed upon by the Community Authority and the Private
Developer Group, subject to any applicable restrictions pertaining to outstanding bonds, notes or
loans authorized by the Community Authority under Chapter 349 of the Ohio Revised Code, the
Restrictions may be terminated on such date as shaIl be designated in a written declaration of
termination by the Private Developers if within the Development Period or by the Community
Authority if after the Development Period.
If the Restrictions are required or permitted to be terminated or stayed pursuant to this
Section, such termination or stay shall become effective when a certificate or other document
stating the authority for such termination or stay and signed by the person or entity or entities
empowered to effect such termination or stay is Recorded. If the Restrictions terminate, stay or
resume automatically, the Private Developers, or any of them, shall promptly cause a certificate or
other document to be Recorded which shall state the authority for such termination, stay or
resumption and the effective date thereof.
AIl rights and obligations which had accrued under the Restrictions prior to the date of
termination or stay shall survive such termination or stay, including without limitation, all personal
obligations and liens under the Declaration.
ARTICLE VIII
COMMUNITY DISTRICT AUTHORITY
FUNDING PROTECTION PLAN
I Outside of this Agreement but dependent on it, the signers of this Agreement, members of the Building Industry of
Ohio, have voluntarily agreed to pay the equivalent of$500 per lot for the first 450 lots in the CDA to the Pickerington
School District to apply to extracurricular activities.
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8.01 Annual Minimum Buildin!! Permits.
The parties to this Agreement have detennined that in order to maintain the funding for and
protect the viability of any bonds or securities issued by the Community Authority as
contemplated by this Agreement, a minimum of 225 residential building pennit applications for
the construction of single-family residences on Chargeable Parcels (''Building Permits''), or such
other number as may be determined by the parties to this Agreement from time to time based on
I actual bond servicing demands (the ''Base Minimum Permits''), are necessary to be filed annually
.' by the Private Developers during the first ten (10) years of this Agreement.
In the event more than the Base Minimum Permits are filed during the first twelve-month
period this Agreement is in effect or during any subsequent consecutive twelve-month period
during the term of this Agreement (each such twelve-month period hereafter referred to as a
''Permit Year''), the amount by which such filings exceed the Base Minimum Permits for such
. Pennit Year (the ''Permit Year Excess'') shall be carried forward and applied towards subsequent
Permit Years to the extent necessary to cause the number of Building Pennits filed in such
subsequent PeI11lit Year plus, to the extent necessary, any PeI11lit Year Extess, to equal the Base
Minimum Pennits for such Permit Year. Any remaining Pennit Year Excess may be
carried- forward and applied to as many subsequent Pennit Years as may be necessary to cause the
Base Minimum Pennits to be deemed to have been filed for such subsequent Permit Years.
8.02 Permit Deficiency Fee.
In the event that the Private Developers fail, collectively, to apply for at least the Base
Minimum Permits during any Pennit Year, subject to increase by any available Pennit Year
Excess, the Private Developers shall be required to pay to the Community Authority an amount
equal to the estimated difference in Community Development Charges the Community Authority
would have received had the Base Minimum Pennits been filed during such Pennit Year (the -''
Permit Deficiency Fee''~. ''!,he Penn.it Deficiency Fee ~hall be equal to (a) t~e difference b~tween ::'''~I
the actual number of BuIldmg PermIts filed by the Pnvate Developers dunng such Permit Y ear }~
(including any available PeI11lit Year Excess) and the Base Minimum Pennits for such Permit
Year, multiplied by (b) the actual Community Development Charge per Chargeable Parcel for
such Permit Year. The applicable Permit Deficiency Fee due for any Pennit Year shall be
calculated by the Community Authority and billed to the Private Developers following the end of
such Permit Year. The Pennit Deficiency Fee shall be allocated among the Private Developers
I pursuant to Section 8.03 below and shall be due within ninety (90) days following receipt by the
Private Developers of the invoice from the Community Authority. The Community Authority
shall provide the Private Developers with such information and records as the Private Developers
may reasonably request to confirm the accuracy of any Permit Deficiency Fee.
8.03 Allocation of Permit Deficiency Fees Amon!! Private Developers.
Each Private Developer shall be responsible for payment of a portion of any Permit
Deficiency Fee due based on the ratio of (a) the number of all Chargeable Parcels, excluding single
family subdivisions which have not been platted or otherwise divided into lots, owned by such
Private Developer (for which no Building Pennit has been filed) at the beginning of the Permit
Year for which such Pennit Deficiency Fee is owed, bears to (b) the total number of all Chargeable
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Parcels excluding single family subdivisions which have not been platted or otherwise divided into
lots, owned by all Private Developers (for which no Building Pennit has been filed) at the
beginning of the Pennit Year for which such Pennit Deficiency Fee is owed (the ''Parcel
Allocation Percentage'').
In the event the number of Building Pennits filed by a Private Developer during any given
Pennit Year exceeds the product of (i) the Base Minimum Pennits for such Pennit Year multiplied
by (ii) such Private Developer's applicable Parcel Allocation Percentage for such Penn it Year (the
. ''Private Developer's Share), then, notwithstanding anything contained in this Agreement to the
contrary, such Private Developer shall not be responsible for any portion of any Permit Deficiency
Fee which may be due by the Private Developers for such Pennit Year. In such event, each of the
Pri vate Developers which have not filed for Building Permits during such Pennit Year equal to or
in excess of their Private Developer's Share (the ''Defaulting Developer'') shall be responsible for
payment 0 fthe Permit Deficiency Fee based 0 n the ratio which such Defaulting Developer's
Chargeable Parcels, excluding single family subdivisions which have not been platted or otherwise
divided into lots, owned at the beginning of the Pennit Year bear to all other Defaulting
Developer's Chargeable Parcels, excluding single family subdivisions which have not been platted
or otherwise divided into lots, owned at the beginning of the Permit Year.
8.04 Annual Maximum Buildin2 Permits.
In an effort to achieve the objectives of the New Community District, the parties to this
Agreement have agreed to limit the number of applications filed for Building Pennits to a
maximum of 300 per Permit Year. Any Private Developer that submits an application for a
Building Permit after a total of 300 applications for Building Pennits have been filed by the Private
Developers in the aggregate during such Pennit Year, shall pay the Community Authority at the
time of filing for such Building Pennit an additional fee of $1,000.00 for each such Building
Permit application filed in excess of 300 during such Pennit Year (the ''Excess Permit Fee''). At
the end of each Pennit Year, the Private Developers shall determine the total number of Building
Pennit Applications filed by the Private Developers in the aggregate during such Permit Year and
calculate each Private Developer's percentage of the total Building Pennit applications filed for
such Pennit Year (''Pennit Allocation Percentage''). Each of the Private Developers whose Pennit
Allocation Percentage exceeds such Private Developer's Parcel Allocation Percentage for such
Permit Year (an ''Excess Pennit Developer'') shall be responsible, on a pro rata basis with all other
Excess Pennit Developers in proportion to such Excess Pennit Developers' Pennit Allocation
Percentages, for reimbursing each of the other Private Developers which paid an Excess Pennit
Fee to the Authority during such Pennit Year. Such reconciliation shall result in only the Excess
Pennit Developers being responsible for the payment of any Excess Pennit Fees due for such
Pennit Year. Any amounts required to be paid by any Excess Pennit Developers to any of the
other Private Developers pursuant to this Section 8.04 shall be paid within ninety (90) days after
, the end of the Pennit Year for which such Excess Pennit Fees apply.
I
8.05 Ten (10) Year A22re2ate Maximum Buildin2 Permits.
Notwithstanding any other provision contained in this Agreement to the contrary, the
number of Building Permits issued shall in no event exceed 3,000 in the aggregate during the first
ten (10) consecutive Permit Years or during any subsequent ten (10) consecutive Permit Year
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~%l,c;'''' period. The parties to this Agreement shall detennine the actual number of Building Penn its
'''''', :5'''''i~:~t!1 issued at the end of each five (5) consecutive Pennit Year period during the term of this Agreement
''',i~:''' in order to detennine the remaining number of Building Pennits available for issuance during the
, ''c
,~''~'; subsequent five (5) consecutive Permit Year period.
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ARTI CLE IX
AMENDMENTS AND SUPPLEMENTS - ,- - - --
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9.01. Amendments or Supplements Not Reauirint! Consent of Owners. Without the
consent of or notice to any of the Owners, the Private Developers, until the Community Authority
is formed and, thereafter, the Community Authority, may amend or supplement this Declaration
(i) to cure any ambiguity, inconsistency or fonnal defect or omission or eliminate any
typographical or other inadvertent error; (ii) to make or accommodate adjustments in the manner
or method for billing and collecting the Community Development Charge; (iii) as provided in
Article III; (iv) to confonn this Declaration to any amendment pennitted bY,Section 349.13 of the
Ohio Revised Code tot he petition filed by t he Private Developers with the Board 0 f County
Commissioners of Fairfield County, Ohio pursuant to that Section to organize the Community
Authority; or (v) to make any other amendment which, in the judgment of the Private Developers
until the Community Authority is formed and, thereafter, the Community Authority, is not to the
prejudice of the Owners.
9.02. Amendments or Supplements Reauirint! Consent of Owne~s. Except as
provided in Sections 6.03, 7.03 or 8.01, no provision of this Declaration may be amended or
supplemented in whole or in part or terminated without the written consent of not less than 66% of
the number of Owners of all Parcels and of the School District Board of Education.
For the purposes of this Section, ''Parcel'' shall mean such Chargeable Parcel which has a
separate listing on the tax duplicate of the Auditor of Fairfield County, Ohio or on the records of
any other official authorized by Ohio law to assess real estate in Fairfield County. However,
should each unit of a residential condominium not have a separate listing on the tax duplicate as
provided above, then until such time, each condominium unit chargeable by its condominium
association for such unit's share of that Chargeable Parcel's real property taxes shall also be
considered a Parcel for purposes of this Section only. All Owners of a Parcel shall be deemed to
constitute one Owner and together shall only have one consent for the Parcel.
In connection with a ny bonds, notes 0 r loans authorized by the Community Authority
under Chapter 349 of the Ohio Revised Code, the Community Authority may agree that no
amendment may be made to this Declaration and no waiver, reduction or tennination of the
Community Development Charge may be made without the consent of or on behalf of the holders
of such securities or without the consent of any provider of a ''Credit facility'' as defined in
Section 9.98(G) of the Ohio Revised Code. Further, notwithstanding any other provision herein to
the contrary, no such actions may be taken without the written consent of the School District Board
of Education.
The Secretary shall determine (a) whether the Owners have consented to any amendment
or supplement of this Declaration, and (b) whether, if their consent is necessary, the Private
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