Common use of Covenants and Restrictions Clause in Contracts

Covenants and Restrictions. The County hereby declares, and each Property Owner acquiring any interest in any portion of the Property agrees through acceptance of such conveyance, that the Property shall be subject to the following covenants and restrictions, which covenants and restrictions shall be covenants and restrictions running with the land: 3.1 As of the effective date of this Declaration, portions or all of the Property may be zoned or have a land use designation for purposes not permitted by this Declaration. Each Property Owner acquiring any interest in any portion of the Property agrees through acceptance of such conveyance that: (i) such Property Owner shall, if necessary, make application with the appropriate governmental authorities to rezone or change the land use designation of the portions of the Property acquired by such Property Owner to a use that is permitted under this Declaration; and (ii) each Property Owner assumes all risk of being able to secure any change of zoning and change of land use of the Property and of meeting any other regulatory and development requirements that may be necessary to permit the Property to be used for permitted purposes allowed under this Declaration. A Property Owner's failure to obtain rezoning or change in land use designation of the Property to a use that is permitted under this Declaration does not give rise to the Property Owner of any claim for an alternative use of the Property beyond that permitted by this Declaration, nor of any claim for damages or compensation of any type. 3.2 The Property shall be used solely for nonresidential purposes. The Property may not be used for any residential purpose whatsoever, and such prohibition shall include, but not be limited to, single family housing, multifamily housing, trailer parks, nursing homes, congregate living facilities, apartment units, hotels, motels, and all other residential uses. In addition, the Property may not be used for schools, hospitals, day care centers, or places of worship or public assembly. 3.3 The height of all improvements, structures, objects of natural growth, and other obstructions on the Property shall be restricted to a height that is less than the lower of: (i) the height above ground level indicated on the legal description for each Airspace Parcel included in Exhibit 2, attached hereto and made a part hereof, or (ii) the aeronautical surfaces of the Airport as now established, and as may from time to time hereafter be established, by the FAA or any governmental agency that is a successor to the authority of the FAA, including, but not limited to, Federal Aviation Regulation Part 77. 3.4 The Property Owner shall prevent any use of the Property that would interfere with or adversely affect the operation of navigational aids as now in existence or as hereafter may be in existence (including, without limitation, runway instrumentation, radar, and communication aids), that would interfere with the maintenance of the Airport, or that would constitute a hazard to the landing and taking off of aircraft at the Airport. 3.5 Any use of the Property that would attract birds or animals (including, without limitation, recycling centers, yard fills, refuse dumps, or refuse storage) is prohibited. 3.6 The Property shall not be used in any manner that would not be permitted under, or constitute a violation of, any airport zoning ordinance of the County. Furthermore, the Property shall not be used in any manner that would constitute a violation of: (i) any zoning that is applicable to the Property, including, without limitation, height limitations; or (ii) any provision of Chapter 333, Florida Statutes; or (iii) any rules or regulations promulgated pursuant to Chapter 333, Florida Statutes; or (iv) any rules or regulations now in effect or hereafter promulgated that may be imposed by the FAA (or any successor agency) or FDOT (or any successor agency) designating any limitation on the uses of property located in the vicinity of an airport; or

Covenants and Restrictions. The County hereby declares, and each Property Owner acquiring any interest in any portion of the Property agrees through acceptance of such conveyance, that the Property shall be subject to the following covenants and restrictions, which covenants and restrictions shall be covenants and restrictions running with the land: 3.1 As of the effective date of this Declaration, portions or all of the Property may be zoned or have a land use designation for purposes not permitted by this Declaration. Each Property Owner acquiring any interest in any portion of the Property agrees through acceptance of such conveyance that: ({i) such Property Owner shall, if necessary, make application with the appropriate governmental authorities to rezone or change the land use designation of the portions of the Property acquired by such Property Owner to a use that is permitted under this Declaration; and (ii) each Property Owner assumes all risk of being able to secure any change of zoning and change of land use of the Property and of meeting any other regulatory and development requirements that may be necessary to permit the Property to be used for permitted purposes allowed under this Declaration. A Property Owner's failure to obtain rezoning or change in land use designation of the Property to a use that is permitted under this Declaration does not give rise to the Property Owner of any claim for an alternative use of the Property beyond that permitted by this Declaration, nor of any claim for damages or compensation of any type. 3.2 The Property shall be used solely for nonresidential purposes. The Property may not be used for any residential purpose whatsoever, and such prohibition shall include, but not be limited to, single family housing, multifamily housing, trailer parks, nursing homes, congregate living facilities, apartment units, hotels, motels, and all other residential uses. In addition, the Property may not be used for schools, hospitals, day care centers, or places of worship or public assembly. 3.3 The height of all improvements, structures, objects of natural growth, and other obstructions on the Property shall be restricted to a height that is less than the lower of: (i) the height above ground level indicated on the legal description for each Airspace Parcel included in Exhibit 2B, attached hereto and made a part hereof, or (ii) the aeronautical surfaces of the Airport as now established, and as may from time to time hereafter be established, by the FAA or any governmental agency that is a successor to the authority of the FAA, including, but not limited to, Federal Aviation Regulation Part 77. 3.4 The Property Owner shall prevent any use of the Property that would interfere with or adversely affect the operation of navigational aids as now in existence or as hereafter may be in existence (including, without limitation, runway instrumentation, radar, and communication aids), that would interfere with the maintenance of the Airport, or that would constitute a hazard to the landing and taking off of aircraft at the Airport. 3.5 Any use of the Property that would attract birds or animals (including, without limitation, recycling centers, yard fills, refuse dumps, or refuse storage) is prohibited. 3.6 The Property shall not be used in any manner that would not be permitted under, or constitute a violation of, any airport zoning ordinance of the County. Furthermore, the Property shall not be used in any manner that would constitute a violation of: (i) any zoning that is applicable to the Property, including, without limitation, height limitations; or (ii) any provision of Chapter 333, Florida Statutes; or (iii) any rules or regulations promulgated pursuant to Chapter 333, Florida Statutes; or ({iv) any rules or regulations now in effect or hereafter promulgated that may be imposed by the FAA ({or any successor agency) or FDOT FOOT (or any successor agency) designating any limitation on the uses of property located in the vicinity of an airport; or