R20-133 1 RESOLUTION NO. R20-133
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING A DECLARATION OF UNITY OF
5 CONTROL FOR PROPERTY CONSTRUCTED WITH A DUPLEX
6 BY HABITAT FOR HUMANITY OF SOUTH PALM BEACH
7 COUNTY (A.K.A. HFH); AND PROVIDING AN EFFECTIVE
8 DATE.
9 WHEREAS, Habitat for Humanity assembled and unified property, and built a
10 duplex on NE 12th Avenue, which will be maintained in ownership under a 99-year land trust,
11 with the two dwelling units being sold to eligible homeowners; and
12 WHEREAS, the lender is requiring property control numbers for each of the two units,
13 which requires re-creating two separate parcels therefore,the unity of title recorded in 2018 must
14 be released by the City Commission; and
15 WHEREAS,this request for approval and recordation of a Declaration of Unity of Control
16 is in place of the Unity of Title document that is to be released; and
17 WHEREAS, this legal instrument allows the land to be construed as a single parcel for
18 zoning purposes,and fulfills the requirements of a lot line modification review in accordance with
19 the Land Development Regulations; and
20 WHEREAS, the City Staff has reviewed the request and recommends approving the
21 Declaration of Unity of Control for the property constructed with a duplex by Habitat for Humanity
22 of South Palm Beach County(a.k.a. HFH),to satisfy lending requirements.
23 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
24 CITY OF BOYNTON BEACH,FLORIDA,THAT:
25 Section 1. Each Whereas clause set forth above is true and correct and incorporated
26 herein by this reference.
27 Section 2. The City Commission approves the Declaration of Unity of Control for
28 property constructed with a duplex by Habitat for Humanity of South Palm Beach County(a.k.a.
29 HFH), to satisfy lending requirements and authorizes the City Manager to sign any related
30 documents to effectuate the recording of the Declaration of Unity of Control, a copy of which is
31 attached hereto as Exhibit"A".
100419129.1 306-9001821}
32 Section 3. This Resolution shall become effective immediately upon passage.
3 3 PASSED AND ADOPTED this t day of December, 2020
34 CITY OF BOYNTON BEACH, FLORIDA
35 YES NO
36 Mayor-Steven B. Grant +O
37
38 Vice-Mayor-Ty Penserga
39
40 Commissioner-Justin Katz
41
42 Commissioner-Woodrow L. Hay ✓'
43
44 Commissioner-Christina L. Romelus
45
46 VOTE 5-D
47 ATTEST:
48
49
50 /v/. dsT - -r� ��-
51 Vital Gibson, MMC
52 City Clerk
53
54
55 (Corporate Seal)
56
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100414129.1 306-9001821)
\33
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
Tday of LL s;_ 2020, 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") or separately defined as Lot 19 and Lot 20, further described on the Survey
attached hereto as Exhibit"B".
B. WHEREAS,the Property, and the improvements located thereon, contain a residential duplex
dwelling structure with two (2)separate units (the 'Duplex"), 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 Lot 19 and the other ground Lease for Lot 20,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 Duplex thereon
mayor 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,
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 area
Page 2 of 6
to be occupied by each of the units in the Duplex, 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 Duplex shall be allowed to construct, expand or build beyond the
"footprint" of the Duplex, 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 Lot 19 and Lot 20, 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.
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.
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.
Page 3 of 6
IN WITNESS WHEREOF, this instrument is executed on the day and year first above written.
CITY OF BOYNTON BEACH
ATTEST: ,/ v
By: , 1 4:4,4._ By: l41.;r
[CLERK] [MAYOR]
APPROVED AS T4 FORM AND LEGAL SUFFICIENCY
By: /.1 ' x
[CI ATQ
TORNEY] r u
eOYNI��
HABITAT FOR HUMANITY OF SOUTH PALM BEACH, INC.
By:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
By:
[ATTORNEY]
Page 4 of 6
EXHIBIT "A"
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
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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