An
that proposes a site plan that includes multiple
on a single property shall submit one of the following documents:
125.42(A) Unity of Title. A unity of title, approved for legal form and sufficiency by the
, which shall run with the land and be binding upon the heirs, successors, personal representatives and assigns, and upon all mortgagees or lessees and others presently or in the future having any interest in the property; or
125.42(B) Covenant in Lieu of Unity of Title. A declaration of restrictive covenants, approved for legal form and sufficiency by the
, which shall run with the land and be binding upon the heirs, successors, personal representatives and assigns, and upon all mortgagees and lessees and others presently or in the future having any interest in the property. To the extent applicable, the declaration shall contain the following necessary elements:
125.42(B)(1) The subject site will be developed in accordance with the approved site plan. No modification shall be submitted to the
for approval without the written consent of the then
(s) of the phase or portion of the property for which modification is sought.
125.42(B)(2) If the subject property will be developed in phases, that each phase will be developed in accordance with the approved site plan.
125.42(B)(3) In the event of multiple ownerships subsequent to site plan approval, that each of the subsequent
shall be bound by the terms, provisions and conditions of the declaration of restrictive covenants. The
shall further agree that he or she will not convey portions of the subject property to such other parties unless and until the
and such other party (parties) shall have executed and mutually delivered, in recordable form, an instrument to be known as an “easement and operating agreement” which shall contain, among other things:
125.42(B)(3)(a) Easements in the common area of each
for ingress to and egress from the other
;
125.42(B)(3)(b) Easements in the common area of each
for the passage and parking of
;
125.42(B)(3)(c) Easements in the common area of each
for the passage and accommodation of pedestrians;
125.42(B)(3)(d) Easements for access roads across the common area of each
to public and private roadways;
125.42(B)(3)(e) Easements for the installation,
, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such
;
125.42(B)(3)(f) Easements on each such
for construction of
and improvements in favor of each such other
;
125.42(B)(3)(g) Easements upon each such
in favor of each adjoining
for the installation,
, maintenance, repair, replacement and removal of common construction improvements such as footings, supports and foundations;
125.42(B)(3)(h) Easements on each
for attachment of
;
125.42(B)(3)(i) Easements on each
for
overhangs and other overhangs and projections encroaching upon such
from adjoining
for marquees, canopies, lights, lighting devices, awnings, wing walls and the like;
125.42(B)(3)(j) Appropriate reservation of rights to grant utility easements;
125.42(B)(3)(k) Appropriate reservation of rights to road
and curb cuts;
125.42(B)(3)(l) Easements in favor of each such
for pedestrian and vehicular traffic over dedicated private ring roads and access roads; and
125.42(B)(3)(m) Appropriate agreements between the Owners of the several
as to the obligation to maintain and repair all private roadways, parking facilities, common areas and common facilities and the like.
In addition, such easement and operating agreement shall contain such other provisions with respect to the operation, maintenance and development of the property as agreed to by the parties, to insure that even although the property may have several
, it will be constructed, conveyed, maintained and operated in accordance with the approved site plan. Non-use variances created solely by separate ownerships, pursuant to this section, shall be waived.
125.42(B)(4) Duration and Release. The declaration of restrictive covenants shall be in effect for a period of 30 years from the date the documents are recorded in the public records of Broward County, Florida, after which time they shall be extended automatically for successive periods of ten years unless released in writing by the and the
, acting for and on behalf of the
, upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the property for the purposes herein intended.
125.42(B)(5) Enforcement. Enforcement of the declaration of restrictive covenants shall be by action at law or in equity with costs and reasonable attorney's fees to the prevailing party.
(Ord. 2015-07, passed 3-16-2015)