§ 33-257. Unity of title; covenant in lieu thereof.

In the RU-5, RU-5A, BU-1, BU-1A, BU-2, BU-3, IU-1, IU-2, IU-3, IU-C, and OPD Districts, all applications for building permits where multiple buildings are proposed for a single site shall be accompanied by one (1) of the following documents:

(1)

A unity of title, approved for legal form and sufficiency by the County Attorney, 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

(2)

A declaration of restrictive covenants, approved for legal form and sufficiency by the County Attorney, 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. The declaration shall contain the following necessary elements:

(a)

That the subject site will be developed in substantial accordance with the approved site plan. That no modification shall be effectuated without the written consent of the then owner(s) of the phase or portion of the property for which modification is sought, and the Director; provided the Director finds that the modification would not generate excessive noise or traffic, tend to create a fire or other equally or greater dangerous hazard, or provoke excessive overcrowding of people, or tend to provoke a nuisance, or be incompatible with the area concerned, when considering the necessity and reasonableness of the modification in relation to the present and future development of the area concerned. Should the Director withhold such approval, the then owner(s) of the phase or portion of the property for which modification is sought shall be permitted to seek such modification by application to modify the plan or covenant at public hearing before the Community Zoning Appeals Board or Board of County Commissioners of Miami-Dade County, Florida (whichever by law has jurisdiction over such matters).

(b)

That if the subject property will be developed in phases, that each phase will be developed in substantial accordance with the site plan.

(c)

That in the event of multiple ownerships subsequent to site plan approval, that each of the subsequent owners shall be bound by the terms, provisions and conditions of the declaration of restrictive covenants. The owner shall further agree that he or she will not convey portions of the subject property to such other parties unless and until the owner 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:

(i)

Easements in the common area of each parcel for ingress to and egress from the other parcels;

(ii)

Easements in the common area of each parcel for the passage and parking of vehicles;

(iii)

Easements in the common area of each parcel for the passage and accommodation of pedestrians;

(iv)

Easements for access roads across the common area of each parcel to public and private roadways;

(v)

Easements for the installation, use, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such parcel;

(vi)

Easements on each such parcel for construction of buildings and improvements in favor of each such other parcel;

(vii)

Easements upon each such parcel in favor of each adjoining parcel for the installation, use, maintenance, repair, replacement and removal of common construction improvements such as footings, supports and foundations;

(viii)

Easements on each parcel for attachment of buildings;

(ix)

Easements on each parcel for building overhangs and other overhangs and projections encroaching upon such parcel from adjoining parcel such as, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like;

(x)

Appropriate reservation of rights to grant easements to utility companies;

(xi)

Appropriate reservation of rights to road right-of-ways and curb cuts;

(xii)

Easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads; and

(xiii)

Appropriate agreements between the owners of the several parcels as to the obligation to maintain and repair all private roadways, parking facilities, common areas and common facilities and the like.

These provisions or portions thereof may be waived by the Director if they are not applicable to the subject property. These provisions of the easement and operating agreement shall not be amended without prior written approval of the Office of the County Attorney. In addition, such easement and operating agreement shall contain such other provisions with respect to the operation, maintenance and development of the property as to which the parties thereto may agree, all to the end that although the property may have several owners, it will be constructed, conveyed, maintained and operated in accordance with the approved site plan.

Nonuse variances created solely by separate ownerships, pursuant to Subsection (2)(c) shall be waived by the Director.

(d)

The declaration of restrictive covenants shall be in effect for a period of thirty (30) years from the date the documents are recorded in the public records of Miami-Dade County, Florida, after which time they shall be extended automatically for successive periods of ten (10) years unless released in writing by the owners and the Director, acting for and on behalf of Miami-Dade County, Florida, upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the property for the purposes herein intended.

(e)

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. No. 80-120, § 1, 10-21-80; Ord. No. 85-38, § 1, 6-6-85; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 21, 9-3-98)