Stormwater Restrictive Covenant - LLC (2-7-23)[FOR USE WHEN OWNER IS AN LLC]
AFTER RECORDING RETURN TO: City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
PROJECT ADDRESS: _______________________________________________________ REAL ESTATE # ________________________
DECLARATION OF STORMWATER RESTRICTIVE COVENANT
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, ____________________________________________, a Florida limited liability company (hereinafter “Owner”),
whose address is ______________________________________________________________________________________, is the fee
simple owner of that certain property situated and being in the City of Atlantic Beach, Duval County, Florida, more particularly
described on Exhibit A attached hereto and made a part hereof (hereinafter “Property”); and
WHEREAS, Owner desires to utilize said Property as a building site; and
WHEREAS, a certain onsite stormwater storage facility must be constructed and maintained on the Property in accordance
with the Code of Ordinances of the City of Atlantic Beach, Florida.
NOW, THEREFORE, Owner does hereby declare as follows:
1. That the Property will not be used in violation of any ordinances of the City of Atlantic Beach now in effect or
hereinafter enacted.
2. That the onsite stormwater storage facility, constructed in accordance with that certain approved site plan, dated
_______________________, 20_____, as shown on Exhibit B attached hereto and made a part hereof, and depicted on that certain
post-construction survey dated _____________________________, 20_____, as shown on Exhibit C attached hereto and made a part
hereof, documenting proper construction and required volume of storage (hereinafter the “onsite stormwater storage facility”), shall
be maintained in good working order, condition and repair and clear of all debris, at the Owner’s sole expense, at all times.
3. That Owner shall allow representatives of the City of Atlantic Beach, following reasonable notice to Owner, access
and entry onto the Property for the purpose of inspecting the onsite stormwater storage facility as more particularly described in said
Exhibits B and C, to determine compliance therewith and the applicable Code provisions of the City.
4. That this covenant is intended and shall constitute a restrictive covenant concerning the use, enjoyment and title to
the Property and shall constitute a covenant running with the land and shall be binding upon the Owner and Owner’s heirs, personal
representatives, successors and assigns and may only be released by a written and properly recorded document executed by the City
of Atlantic Beach, or its successor, in accordance with the ordinance of said City then in effect.
IN WITNESS WHEREOF, the undersigned, who warrants he/she is a Managing Member of Owner and is duly authorized to
execute this Declaration on behalf of Owner and to bind Owner to the covenants set forth herein, has caused his/her hand and seal
to be affixed hereto this _________ day of_______________________________, 20_____.
OWNER:
By: ____________________________________________ (Witness) ________________________________________________
Its Managing Member (Print name) ______________________________________________
(Print name) ____________________________________ (Witness) ________________________________________________
(Print name) ______________________________________________
STATE OF FLORIDA
COUNTY DUVAL
The foregoing instrument was acknowledged before me this ______ day of ___________, 20___, by __________________________
who is the ____________________________ of ________________________________________, and is personally known to me or
has produced _____________________________________ as identification.
My Commission expires: _________________________________________________________
NOTARY PUBLIC, State of Florida
Revised 02.07.2023