Agreement for Contribution in Lieu of Sidewalk Construction

Similar documents
The Corporation of the Town of Bradford West Gwillimbury. By-law Development Charges By-law

The Corporation of the Township of Tiny By-Law No Being a By-law With Respect to Development Charges

City Attorney's Synopsis

The following signs shall be permitted in all business and industrial districts:

CHAPTER 4 BUILDING REGULATION

THE CORPORATION OF THE TOWN OF SAUGEEN SHORES BY-LAW NUMBER

HALTON DISTRICT SCHOOL BOARD EDUCATION DEVELOPMENT CHARGES BY-LAW, 2018

SIDEWALK CONSTRUCTION PARTICIPATION AGREEMENT

Digital Billboard Review City Council Economic Development Committee June 16, 2014

AGREEMENT FOR DEVELOPMENT OF LAND AT 3801 HARRISON BOULEVARD, OGDEN CITY, UTAH

SIMCOE COUNTY DISTRICT SCHOOL BOARD EDUCATION DEVELOPMENT CHARGES BY-LAW, 2018

THE CORPORATION OF THE TOWNSHIP OF WOOLWICH BY-LAW NUMBER A BY-LAW FOR THE IMPOSITION OF DEVELOPMENT CHARGE

b. signs indicating street names and direction; d. public notice signs.

WATERLOO REGION DISTRICT SCHOOL BOARD Education Development Charges By-Law, 2016

ARTICLE VIII SIGN REGULATIONS

ORDINANCE NO. BE IT ORDAINED by the Council of the City of Waukee:

ORDINANCE NO NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI SPRINGS:

A By-Law for the Imposition of an Area-Specific Development Charge on the Cobourg East Community

DUFFERIN-PEEL CATHOLIC DISTRICT SCHOOL BOARD EDUCATION DEVELOPMENT CHARGES BY-LAW, 2014 (REGION OF PEEL)

: FENCE STANDARDS:

Port Huron Charter Township Section Fences Ordinance # 233

CITY OF SNOHOMISH Snohomish, Washington ORDINANCE 2325

DIVISION 21. OVERLAY DISTRICTS

THE CORPORATION OF HALDIMAND COUNTY. By-law No1441/14

THE CORPORATION OF THE TOWN OF WASAGA BEACH BY-LAW #

impose development charges against land to pay for increased capital the development of the area to which the by-law applies;

Accessory Buildings (Portion pulled from Town Code Updated 2015)

JOB CREATION AGREEMENT FOR SCHOELLER ARCA SYSTEMS, INC.

TOWN OF NAPLES NAPLES MINIMUM LOT SIZE ORDINANCE. Naples Lot Size Ordinance for the Town of Naples, Maine Attested by Town Clerk

AN ORDINANCE AFFIRMING ADOPTION OF A DEVELOPMENT PLAN, DEVELOPMENT AREA, AND DEVELOPMENT PROJECT UNDER THE AUTHORITY OF

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of November 13, 2010

ORDINANCE NO NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS:

ARTICLE SIGNS AND ILLUMINATION

8. The Board has complied with conditions prescribed by section 10 of Ontario Regulation 20/98;

BY-LAWS OF KIAWAH ISLAND COMMUNITY ASSOCIATION, INC.

ARTICLE X. AMENDMENT PROCEDURE*

Article 14: Nonconformities

Appanoose County Zoning Ordinance Index to Changes

TITLE 16 STREETS AND SIDEWALKS, ETC 1 CHAPTER 1 MISCELLANEOUS

CONSTRUCTION GUARANTEE AGREEMENT

CITY OF COVINGTON Comprehensive Zoning Ordinance ADOPTED DRAFT

Chapter 1224: Nonconformities

ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PERRIS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AMENDING CHAPTER 18

OUTDOOR DINING AREA WITH EXTENSION CLK100 (rev. 02/17) CITY ORDINANCES &

RESTRICTIVE COVENANT AGREEMENT

ELECTRIC FRANCHISE ORDINANCE ORDINANCE NO. 99. CITY OF MEDICINE LAKE, HENNEPIN COUNTY, MINNESOTA

CITY OF SURREY BY-LAW NO A by-law to amend "Surrey Zoning By-law, 1979, No "...

Article 11.0 Nonconformities

Now, therefore be it and it is hereby ordained chapter 152 Outdoor Advertising shall read as follows:

WAIVER OF NOTICE AND UNANIMOUS CONSENT OF THE BOARD OF DIRECTORS IN LIEU OF ORGANIZATIONAL MEETING

ARTICLE XI ENFORCEMENT, PERMITS, VIOLATIONS & PENALTIES

ORDINANCE NO. An ordinance amending Section of the Los Angeles Municipal Code by amending the zoning map.

ORDINANCE NO AN ORDINANCE OF THE CITY OF DUNCANVILLE, TEXAS, ADOPTING THE THE "UNIFORM BUILDING CODE STANDARDS", AS

TOWNSHIP OF CLARK Ordinance No. Adopted. Introduced: January 20, 2015 Public Hearing: February 17, Motion: O Connor Motion:

The Corporation of the County of Peterborough. By-law No

ARTICLE 30 REZONING AND CONDITIONAL USE APPLICATIONS

THE REGIONAL MUNICIPALITY OF YORK BYLAW NO

PIKE TOWNSHIP, OHIO July 6, 2010 ZONING REGULATIONS

ORDINANCE NO NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS:

STRATEGIC PARTNERSHIP AGREEMENT BETWEEN THE CITY OF [ ], TEXAS AND [WATER CONTROL AND IMPROVEMENT DISTRICT OR MUNICIPAL UTILITY DISTRICT]

ESSENTIALLY BUILT-OUT AGREEMENT PURSUANT TO SECTION (15)(G)(4), FLORIDA STATUTES GRAND HAVEN DRI

201 S. Anaheim Blvd. Page No Anaheim, CA RULE NO. 15 MAIN EXTENSIONS AND ENLARGEMENTS

WHEREAS the Legislature of the Province of Alberta has passed the Safety Codes Act, Chapter S , Revised Statutes of Alberta, as amended;

THE CORPORATION OF THE VILLAGE OF SUNDRIDGE BY-LAW NUMBER THE BUILDING BY-LAW

Borough of Berwick ORDINANCE

SECOND AMENDMENT OF AGREEMENT WITNESSETH

SOUTH COLLEGE STREET EAST STONEWALL STREET OFFICE BUILDING PARKING DECK N02 N01 PETITION # B73340

CITY PLANNING COMMISSION

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION HOUSE BILL DRH40230-LMx-62 (03/09) Short Title: Mebane Charter Revised & Consolidated.

ARTICLE 17 SIGNS AND AWNINGS REGULATIONS

DEVELOPMENT AGREEMENT (CAR )

GENERAL ASSEMBLY OF NORTH CAROLINA 1985 SESSION CHAPTER 815 HOUSE BILL 1461 AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF EDENTON.

ARTICLE 7 AMENDMENTS TO ORDINANCE

CHAPTER 11 SIGNS SECTION APPLICABILITY

ARTICLE XXIII ADMINISTRATION AND ENFORCEMENT

Instructions for Formal Protest Against Proposed Zone Change

ALPHABETICAL ORDINANCES

ORDINANCE NO BE IT FURTHER ENACTED AND ORDAINED by the Mayor and City Council of Laurel, Maryland that

SECOND AMENDMENT TO GRAND HAVEN PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT

CHAPTER 4 BUILDINGS. Part 1 Dangerous Structures. Part 2 Building Permits. Part 3 Building Numbers

HEARING EXAMINER FEE Accessory Dwelling Unit or

#962 AN ORDINANCE TO AMEND THE ZONING ORDINANCE OFTHE BOROUGH OF OCEANPORT, MONMOUTH COUNTY, STATE OF NEW JERSEY TO ESTABLISH THE RMW ZONE DISTRICT

VILLAGE OF CHATHAM, ILLINOIS

LAND IMPROVEMENT AGREEMENT

Chapter 186 FOOD ESTABLISHMENTS, RETAIL. ARTICLE I Construction, Operation and Maintenance. ARTICLE II Licensing

Smith Property Holdings Buchanan House, LLC

2018 MEETING DATES AND FILING DEADLINES

Township of East Zorra-Tavistock Zoning By-Law Number

AGREEMENT BETWEEN CATTARAUGUS COUNTY PLANNING BOARD AND OF REFERRAL EXEMPTIONS

Appendix B-1. NOTE: Appendix Forms and Information are for Reference Only. Contact Local Entity Engineer for Original Forms and Current Information.

DEVELOPMENT AGREEMENT

EXHIBIT H Strategic Partnership Agreement

Article IX. SIGN REGULATIONS

CITY OF SNOHOMISH Snohomish, Washington ORDINANCE 2216

CITY OF TORONTO. BY-LAW No (OMB)

1. Sound Principles of Land Use. A use permit shall be granted upon sound principles of land use.

POLICY AND PROCEDURES FOR ALLEY, STREET AND RIGHT-OF-WAY VACATIONS

3/5/2013. City Council City Hall Wilmington, North Carolina Dear Mayor and Councilmembers:

BY-LAWS OF CHURTON GROVE HOMEOWNERS ASSOCIATION, INC.

SHORT TERM REVOCABLE PERMIT AGREEMENT

Transcription:

Agreement for Contribution in Lieu of Sidewalk Construction This agreement is dated this day of, 20 by and between the Town of Holly Ridge, located at 212 N Dyson St., Holly Ridge NC 28445 and, (Name of Person, Corporation) (the Developer ) having a principal business at: (Business Address of Person, Corporation) Whereas, the Developer has applied for an Improvement Location Permit ( Permit ) from the Town for property commonly referred to as: (the Subject Property ) (Address of Subject Property) more particularly described by the legal description contained in Attachment A, attached hereto and incorporated by reference, and work performed pursuant to the Permit will result in the development or redevelopment of a building(s); and Whereas, the construction of building(s) increases the impact upon the Town s transportation network, including sidewalks, at, near, and around the immediate site of construction, drawing employees, customers, and other members of the general public from throughout the Town and County; and Whereas, the zoning ordinance of the Town of Holly Ridge, Onlsow County, North Carolina, as amended by the General Ordinance ARTICLE VII Section 7-40 Pedestrian Sidewalks, requires the installation of sidewalks upon the development of the property; and Whereas, payment in lieu of actual construction of the sidewalks is an option authorized by the zoning ordinance of the Town of Holly Ridge, Onlsow County, North Carolina, as amended by the General Ordinance ARTICLE VII Section 7-40 Pedestrian Sidewalks, that may be exercised by the Developer; and Whereas, the Developer voluntarily chooses and agrees to a contribution (the Contribution Amount ) to the Town in lieu of sidewalk construction at the Subject Property; and Whereas, the Town has established an exclusive fund for the construction of sidewalks; and

Whereas, pursuant to General Ordinance ARTICLE VII Section 7-40 Pedestrian Sidewalks, the Developer and the Town hereby enter into this agreement (the Agreement ) pursuant to the terms and conditions set forth herein; Now Therefore, in consideration of the foregoing mutual promises and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Formula. The Developer agrees to contribute to the Town an amount related to the Subject Property and proposed development in lieu of installing the required sidewalks, which amount is requested by the application for the Permit and calculated pursuant to the appropriate formula, as reflected in Formula, A. B. C. (choose one) Agreement for Contribution in Lieu of Sidewalk Construction - Continued Formula (A) For property in a Commercial Zoning classification of a Special Zoning classification, the Developer agrees to contribute an amount of money equal to the numerical length in feet of the derived Sidewalk Responsibility multiplied by the. The Sidewalk Responsibility is 5 linear feet of sidewalk per 100 square feet or fraction thereof of the gross floor area to be constructed, erected, enlarged, extended, reconstructed, converted to a commercial use, or the gross floor area of the relocated building or addition. The shall be in accordance with the following table: 2011 $25.00 per linear foot of Sidewalk Responsibility 2012 $25.60 per linear foot of Sidewalk Responsibility 2013 $26.20 per linear foot of Sidewalk Responsibility 2014 $26.80 per linear foot of Sidewalk Responsibility 2015 $27.40 per linear foot of Sidewalk Responsibility 2016 $28.00 per linear foot of Sidewalk Responsibility Formula (B) For property in a Dwelling District Zoning classification, the Developer agrees to contribute an amount of money equal to the numerical length in feet of the derived Sidewalk Responsibility multiplied by the. The Sidewalk Responsibility is 5 linear feet of sidewalk per 100 square feet or fraction thereof of the gross floor area to be constructed, erected, enlarged, extended, reconstructed, converted to a residential use, or the gross floor area of the relocated building or addition. The shall be in accordance with the following table: 2011 $25.00 per linear foot of Sidewalk Responsibility 2012 $25.60 per linear foot of Sidewalk Responsibility 2013 $26.20 per linear foot of Sidewalk Responsibility 2014 $26.80 per linear foot of Sidewalk Responsibility 2015 $27.40 per linear foot of Sidewalk Responsibility 2016 $28.00 per linear foot of Sidewalk Responsibility

Formula (C) For property in an Industrial Zoning classification, the Developer agrees to contribute an amount of money equal to the numerical length in feet of the derived Sidewalk Responsibility multiplied by the. The Sidewalk Responsibility is 3 linear feet of sidewalk per 100 square feet or fraction thereof of the gross floor area to be constructed, erected, enlarged, extended, reconstructed, converted to an industrial use, or the gross floor area of the relocated building or addition. The shall be in accordance with the following table: 2015 $25.00 per linear foot of Sidewalk Responsibility 2016 $25.60 per linear foot of Sidewalk Responsibility 2017 $26.20 per linear foot of Sidewalk Responsibility 2018 $26.80 per linear foot of Sidewalk Responsibility 2019 $27.40 per linear foot of Sidewalk Responsibility 2020 $28.00 per linear foot of Sidewalk Responsibility The Sidewalk Responsibility shall not exceed the cumulative length of the eligible public streets of the freestanding lot or integrated center, excepting interstate, expressway, freeway, as indicated in the current Agreement for Contribution in Lieu of Sidewalk Construction - Continued Official Thoroughfare Plan, and other full control of access frontages as determined by the Administrator. Eligible public street is that portion of a public street abutting a lot or project, or that portion of a public street between the lot-lines extended from which a lot or project gain access. 2. Calculation. The specific values assigned to the above formula include: Gross floor area calculated is sq. ft. sq. ft. Sidewalk Responsibility rate is linear feet per 100 including any annual increase is $ Cumulative length of the eligible public streets is linear feet Contribution Amount is $ 3. Payment. The Developer agrees to pay the Contribution Amount in full at or before the time of permit issuance.

4. Use of Funds. The Town agrees to use the Contribution Amount funds received for the exclusive purpose of constructing of sidewalks within the Town of Holly Ridge, North Carolina. However, the Developer acknowledges and understands the Town s right to leverage any funds received in lieu of sidewalk construction in an effort to procure additional funds for sidewalks. The Developer further acknowledges and understands that the Town has no obligation to construct a sidewalk at or near the Developer s property or any other particular location within the Town of Holly Ridge or Onslow County. The Developer acknowledges, understands, and consents to the absolute discretion of the Town in determining the location of any sidewalk construction. 5. Amendment. This Agreement shall only be amended by a written agreement executed by both the Developer and the Town of Holly Ridge. 6. Recording. The Developer hereby authorized the Town of Holly Ridge to record this Agreement in the office of the Recorder of Onslow County, North Carolina. 7. Enforcement. This Agreement may only be enforced by the parties hereto. No third party shall have standing to enforce the terms of this Agreement. 8. Waiver of Objections. The Developer, for itself and its successors and assigns hereby waives any objection that it may have to the payment, or the Town s use of the funds. 9. Entire Agreement. This agreement contains the entire Agreement between the Developer and the Town of Holly Ridge regarding this subject matter, Town of Holly Ridge, North Carolina By: Printed: Developer By: Printed: Agreement for Contribution in Lieu of Sidewalk Construction - Continued STATE OF NORTH CAROLINA ) ) SS: COUNTY OF ONSLOW ) Before me, a Notary Public in and for said County and State, personally appeared

and acknowledge the execution of this instrument this day of, 20 Notary Public Printed Name of Notary Public My Commission expires: My County of residence: