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(1) Prior to the issuance of a building permit for any development in the Country Club Villas (SDP-2) Overlay zone, the City and developer shall enter into an agreement establishing occupancy based on the number of parking spaces provided. Such agreement shall be recorded with the Utah County Recorder and shall run with the land.

(a) Prior to the issuance of any building permit a copy of a recorded deed for the property shall be submitted which states the maximum allowable occupancy as a deed restriction.

(b) Attached to the deed shall be a document that separately lists the occupancy allowed on the property, deed restrictions, and any other use restrictions pertaining to parking, use, and occupancy of the property, such as use restrictions set forth in condominium covenants. Such document shall be signed, dated and notarized indicating the property owner acknowledges and agrees to the restrictions and regulations stated on the deed and attachments.

(2) Prior to the issuance of a Certificate of Occupancy for development in the Country Club Villas (SDP-2) Overlay zone, a permanent notice shall be placed on the electrical box within each dwelling unit indicating the maximum allowable occupancy therein based on the approved occupancy as set forth in the recorded parking and occupancy agreement. Such notice shall be located on a six inch by six inch (6" x 6") metal or plastic plate, in minimum one-half (1/2) inch engraved letters, and shall be permanently attached to the main electrical box.

(3) Upon submittal of the documents required by this Section, any violation of the restrictions and regulations noted therein shall be a misdemeanor offense and shall be subject to criminal action as provided in Section 1.03.010, Provo City Code.

(Enacted 2002-49)