R22-0061 RESOLUTION NO. R22- 006
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE
5 DECLARATION OF UNITY OF CONTROL WITH HABITAT FOR
6 HUMANITY OF SOUTH PALM BEACH COUNTY FOR 127 & 129
7 NE 12TH AVENUE TO ALLOW FOR A RESIDENTIAL DUPLEX ON
8 TWO SEPARATE PARCELS TO BE CONSTRUED IN COMPLIANCE
9 WITH LOCAL ZONING REQUIREMENTS; AND PROVIDING AN
10 EFFECTIVE DATE.
11 WHEREAS, conventional residential zoning (not planned residential district) regulations
12 restrict a duplex to a single parcel; and
13 WHEREAS, to facilitate Habitat for Humanity's (HFH) use of a land trust, and ability to still
14 deed each dwelling unit to a separate homeowner, individual parcels must exist for each housing
15 unit per requirements of the lender, and
16 WHEREAS, the proposed Declaration of Unified Control ensures that the land, despite
17 being in the form of two separate parcels, will otherwise exist like a single, unified parcel given its
18 ownership in entirety by HFH, and given the restrictions of the Declaration on further expansion
19 of the dwellings, and cross -access requirements, in part, for use of and parking on the property;
20 and
21 WHEREAS, the City Staff has reviewed the request and recommends approving and
22 authorizing the Mayor to sign the Declaration of Unity of Control with Habitat for Humanity of
23 South Palm Beach County for 127 & 129 NE 12th Avenue to allow for a residential duplex on two
24 separate parcels to be construed in compliance with local zoning requirements.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
26 BOYNTON BEACH, FLORIDA, THAT:
27 Section 1. Each Whereas clause set forth above is true and correct and incorporated
28 herein by this reference.
29 Section 2. The City Commission hereby approves and authorizes the Mayor to sign
30 the Declaration of Unity of Control with Habitat for Humanity of South Palm Beach County for 127
S:\CA\RESO\Approving Declaration Of Unity Of Control Habitat For Humanity (NE 12th) - Reso
(00414129xc4b6a).Docx
31 & 129 NE 12th Avenue to allow for a residential duplex on two separate parcels to be construed
32 in compliance with local zoning requirements, a copy of which is attached hereto and
33 incorporated herein as Exhibit "A".
34 Section 3. This Resolution shall become effective immediately upon passage.
35 PASSED AND ADOPTED this 4th day of January, 2022
36
CITY OF BOYNTON BEACH, FLORIDA
37
38
Mayor— Steven B. Grant
39
40
Vice -Mayor — Woodrow L. Hay
41
42
Commissioner—Justin Katz
43
44
Commissioner —Christina L. Romelus
45
46
Commissioner — Ty Penserga
47
48 VOTE
49 ATTEST:
50
51
52
5Crystal Gib , MMC
City Clerk
5
56
57 (Corporate Seal) OC�TO�
58 1KORPORPS
S:\CA\RESO\Approving Declaration Of Unity Of Control Habitat For Humanity (NE 12th) - Reso
(00414129xc4b6a).Docx
YES NO
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PREPARED BY AND RETURN TO:
Ryan S. Shipp, Esq.
Law Office of Ryan S. Shipp, PLLC
814 W. Lantana Rd. Suite 1,
Lantana, Florida 33462
561.699.0399
DECLARATION OF UNITY OF CONTROL
THIS DECLARATION of Unity of Control ("Declaration") is made this
day of 2021, by Habitat for Humanity of South Palm Beach County, Inc., a
Florida not for profit corporation ("HABITAT") and the City of Boynton Beach ("BB").
RECITALS:
A. WHEREAS, HABITAT is the owner of two (2) separate, but adjoining parcels of real property
located within the City of Boynton Beach, in Palm Beach County, Florida, and more
particularly described by the legal descriptions as contained on Exhibit "A", attached hereto
(collectively the "Property") and further described on the Survey attached hereto as Exhibit
,'B„
B. WHEREAS, the Property, and the improvements located thereon, contain a residential villa
dwelling structure with two (2) separate units (the "Villa"), which is divided by a party wall;
C. WHEREAS, this Declaration shall authorize HABITAT and BB to provide services and
facilities that will harmonize geographic, economic, population and other factors influencing
the needs and development of local communities;
D. WHEREAS, HABITAT and BB have recognized the need for BB to support establishment of
affordable housing opportunities within the municipal boundaries of BB due to the ability of
HABITAT to leverage its resources for the greater good of citizens of BB;
E. WHEREAS, HABITAT intends to have two (2) separate grounds leases, with one (1) ground
lease for Parcel "A" and one (1) ground lease for Parcel "B", and each ground lease shall
encumber the Property by way of recorded memorandums of ground leases;
F. WHEREAS, HABITAT and BB have also recognized that the Property with the Villa thereon
may or may not be confirming with current BB zoning and/or planning guidelines (e.g.
minimum setback requirements; and
G. WHEREAS, in recognizing these facts, HABITAT and BB desire to enter into this
Declaration, which provides for the Property owned by HABITAT and located within the
boundaries of BB to be used for affordable housing.
NOW, THEREFORE, in consideration of the grants and agreements herein made and in
consideration of $10.00 in hand paid, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, HABITAT hereby subjects the Property to the
following restrictions:
1) Recitals. The foregoing recitals are incorporated herein by reference as though set forth in detail
in this place.
Page 1 of 6
2) Unified Control. All structures, uses and parking areas on the Property are owned by HABITAT.
In furtherance of the foregoing, the Property shall be deemed to meet all BB zoning and/or
planning guidelines requirements as if they are one lot.
3) Easements. HABITAT hereby dedicates, grants and establishes for the benefit of the Property,
and the owners of any portion thereof (as well as their employees, agents, guests, invitees,
mortgages, tenants, lessees, subtenants, licensees, heirs, successors and assigns) the following
easements:
a) A non-exclusive easement for the right-of-way of pedestrians and vehicular ingress and
egress over, on and across the areas within the Property constituting driveways and
roadways, as shown on the Survey.
b) A non-exclusive easement for the parking of vehicles over, on and across areas within the
Property constituting parking areas.
c) A non-exclusive easement for the installation, operation and maintenance of utilities
necessary to serve all portions of the Property, including, but not limited to, the right to install,
maintain, use, repair and replace underground pipes, ducts, conduits and cables as
necessary to transmit and distribute electricity, gas, water, sewer, cable television; drainage,
telephone, lighting and other utilities and common public services under such present and
future areas of the Property constituting parking areas, driveways and roadways, as shown
on the Survey in Exhibit "B", and through the other portions of the Property which
specifically provide for and contain such utility lines, provided the same does not materially
interfere with the use and enjoyment of any portion of the Property.
d) A non-exclusive easement for surface water management and drainage necessary to serve
all portions of the Property over, under and across such areas within the Property
constituting parking areas, driveways and roadways, as shown on the Survey which
specifically provide for and contains surface water management and drainage facilities,
provided the same does not materially interfere with the use and enjoyment of any portion of
the Property.
e) HABITAT or HABITAT's lessee(s), which will be agreed upon by way of separate
agreement(s), shall provide for the perpetual operation and maintenance of all
shared/common facilities, and improvements, which are not provided, operated or
maintained at public expense.
4) Covenants Run with the Land. All of the covenants, easements and restrictions herein will be
perpetual and will constitute covenants running with the land, will be binding upon any and all
persons and entities, their respective successors in interest, assigns, heirs and personal
representatives having or hereafter acquiring any right, title or interest in and to all or any portion
of the Property, and all benefits deriving therefrom will accrue to the benefit of all persons and
entities, their respective successors in interest, tenants, lessees, licensees, assigns, heirs and
personal representatives having or hereafter acquiring any right, title or interest in all or any
portion of the Property.
5) Modification and Termination. This Declaration may not be terminated or modified in any way
except by means of an instrument executed by HABITAT after the prior written consent of BB.
6) Owners' Restrictions.
a) Subsequent to the execution of this Declaration, if necessary, HABITAT may apply for and
obtain two (2) separate parcel control numbers and/or legal descriptions prepared for the
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area to be occupied by each of the units in the Villa, as described in the Survey, for the
purpose of mortgage financing and 99 -year ground leases;
b) No unit owner, tenant, lessee, mortgagor, or any other person or entity holding an interest in
any one of the units in the Villa shall be allowed to construct, expand or build beyond the
"footprint" of the Villa, construct accessory structures, sheds or patios or any similar
structure. Provided, however, a unit owner, tenant, lessee, mortgagor or any other person or
entity holding an interest in any one of the units, may construct a fence on the side and rear
boundaries of leased area, subject to all permitting requirements of BB and/or Palm Beach
County.
c) In regards to Parcel "A" and Parcel "B", HABITAT shall take or fail to take any action, or do or
fail to do anything which would, or have the effect of, impeding, obstructing or preventing any
other person or entity having rights under this Declaration from their full and complete use
and enjoyment of the easements herein granted. Without limiting the generality of the
foregoing, free and full access to, from and across all portions of the Property which
constitute parking areas, driveways and roadways contained on the Survey shall not be
blocked, obstructed or impeded.
7) Miscellaneous.
a) Each covenant in this Declaration is an independent and separate covenant. If any term or
provision of the Declaration or the application thereof to any person or circumstance should
to any extent be invalid or unenforceable, the remainder of the Declaration and application of
such term or provision to persons or circumstances other than those to which it is held invalid
or unenforceable will not be affected thereby, and each term and provision of this Declaration
will be valid enforceable to the fullest extent permitted by law.
b) This covenant shall be recorded in the Public Records of Palm Beach County Florida.
(1) A condition of this Declaration is that HABITAT shall file a Release of Declaration of
Unity of Title (the "Release"), to the Unity of Title, which was recorded on November
28, 2021 in the Office of the Clerk of the Circuit Court of Palm Beach County, Florida, in
Official Records Book 30269 Pages 1346-1348;
(2) Said Release shall be approved and signed by BB; and
(3) Upon the filing of the Release, the County is instructed to have the legal descriptions
reflected in Exhibit "A" hereto, be the new legal descriptions for Parcel "A" and Parcel
"B„
c) Failure of any party to insist upon or enforce its rights under this Declaration will not
constitute a waiver of such rights.
d) This Declaration and the rights created hereby, including, but not limited to, the cross
easements shall be paramount and superior to all leases, conveyances, transfers,
assignments, contracts, mortgages, deeds of trust and other encumbrances affecting the
Property, from and after the date of recording of this Declaration. Any person acquiring
possession to, title of, or interest in the Property or any portion thereof shall do so subject to
this Declaration. Any transferee of any interest in any portion of the Property by any means
whatsoever shall be deemed, by acceptance of such interest, to have agreed to be bound by
all of the provisions of this Declaration. Nothing contained in this Declaration shall preclude
HABITAT or their successors in interest to the Property, from imposing further covenants not
inconsistent with the terms and conditions of this Declaration.
Page 3 of 6
e) Third Party beneficiary Palm Beach County has the right to enforce the Declaration through
legal, equitable or administrative proceedings.
f) The venue for any legal action regarding this covenant shall be in Palm Beach County
Florida.
g) Venue for any legal proceeding regarding this Declaration shall be in Palm Beach County,
Florida.
IN WITNESS WHEREOF, this instrument is executed on the day and year first above written.
CITY OF BOYNTON BEACH
Al
By
AP
By�
By:-
YOR]
CY
HABITAT FOR HUMANITY OF SOUTH PALM BEACH, INC.
By:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
By.
[ATTORNEY]
Page 4 of 6
EXHIBIT "A"
Parcel Control Number: 08-43-45-21-20-004-0190
Lot 19, Block 4, HAPPY HOME HEIGHTS, according to the plat thereof as recorded in Plat
Book 11, Page(s) 30, of the Public Records of Palm Beach County, Florida
And
Parcel Control Number: 08-43-45-21-20-004-0200
Lot 20, Block 4, HAPPY HOME HEIGHTS, according to the plat thereof as recorded in Plat
Book 11, Page(s) 30, of the Public Records of Palm Beach County, Florida
Page 5 of 6
EXHIBIT "B"
SURVEY ATTACHED HERETO
Page 6 of 6
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