All common open space and shared facilities shall remain in common ownership of all property owners in the development. Common ownership and maintenance for such areas and facilities shall be provided for by deed restrictions, recorded covenants, and other documents establishing homeowners' associations and proposed method of maintenance. Drafts of all such documents shall be submitted with the conditional use permit application and shall be reviewed by the Planning Commission.
Prior to approval of a final map, all deed restrictions, covenants, and other legal agreements and documents shall be approved by the City Attorney as to legal form and effect, and by the Director as being essentially the same as and as being workable and suitable within the intent of the Planning Commission review approval of the rough drafts of such documents.
The City shall enter into an agreement with the declarant of the conditions, covenants, and restrictions that provides for the enforcement of the provisions of the conditions, covenants, and restrictions by the City. The existence of the enforcement agreement shall be referred to in a separate provision in the recorded conditions, covenants, and restrictions.
(08-05)