A. Imposition; Elements: The City may impose as a condition of final approval of a quasi-judicial permit, the requirement that the applicant execute a covenant with the City agreeing to comply with all conditions of approval. Any such covenant shall include the following elements:
1. An agreement that the applicant will comply with all applicable Code requirements, conditions of approval, and any representations made to the City by the applicant or the applicant's agents during the application review process, either orally or in writing. This commitment shall be binding on the applicant and all of the applicant's successors, heirs, and assigns.
2. If the owner fails to perform under the covenant, the City may immediately institute revocation of the approval or any other enforcement action available under State law or this Code. The covenant may also provide for payment of attorney fees and other costs associated with any such enforcement action.
3. Where the development rights of one site are dependent on the performance of conditions by the owner of another property (such as joint access), the covenants shall be judicially enforceable by the owner of one site against the owner of another.
B. Adopting The Covenant: The form of all covenants shall be approved by the City Attorney. The covenant shall run with the land and shall be placed in the County deed records prior to the issuance of any permits or development activity pursuant to the approval. Proof of recording shall be made prior to the issuance of any permits and filed with the City. Recording shall be at the applicant's expense. Any covenant required under this Section shall be properly signed and executed within thirty (30) days after permit approval with conditions; provided however, that the City Administrator may grant reasonable extensions, not to exceed an additional thirty (30) days, in cases of practical difficulty. Failure to sign and record the covenant within the prescribed period shall render the approval null and void. (Ord. 688, 6-15-1999)