§ 27-116. Maintenance of improvements.

(a)

A maintenance agreement and security shall be provided to assure the city that all required improvements shall be maintained by the developer according to the following requirements:

(1)

The period of maintenance shall be a minimum of three (3) years.

(2)

The maintenance period shall begin with the acceptance by the city of the construction of the improvements.

(3)

The security shall be in the amount of fifteen (15) percent of the construction cost of the improvements.

(b)

Whenever a proposed development provides for the creation of facilities or improvements which are not proposed for dedication to the city, a legal entity shall be created to be responsible for the ownership and maintenance of such facilities and/or improvements.

(1)

When the proposed development is to be organized as a condominium under the provisions of F.S. Ch. 718, common facilities and areas shall be conveyed to the condominium's association pursuant to that law. Additionally, all amenities indicated on the city approved final development plan shall be completed prior to the issuance of the first certificate of occupancy (CO) for any dwelling unit. Within phased developments, amenities shall be included in the same phase of the development as the contiguous structures.

(2)

When no condominium is to be organized, an owners' association shall be created, and all common facilities and areas shall be conveyed to that association. Additionally, all amenities indicated on the city approved final development plan shall be completed prior to the issuance of the first certificate of occupancy (CO) for any dwelling unit. Within phased developments, amenities shall be included in the same phase of the development as the contiguous structures.

(3)

No final development order shall be issued for a development for which an owners' association is required until the documents establishing such association have been reviewed and approved by the city attorney.

(c)

An organization established for the purpose of owning and maintaining common facilities and areas not proposed for dedication to the city shall be created by covenants running with the land. Such organization shall not be dissolved nor shall it convey any common facilities or areas by sale or otherwise without first obtaining city council approval.

(Ord. No. 2004-10, § 1, 10-4-04)