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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 t.- Y��u c w.... ,�fpg t.4 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 d LOT 4 LOT J BLOCK 4 BLOCK 4 00045.115 C(b' . i 7 BLOCKLB4 I BL OCK7 f Ili f� < Y LL-4/2,120'�m NM.7 AB 241 Yr r •,r III--p1^ ^r� Ka-nr sasrAa.rai a 4 O.m•On2A/4 No -.� _I I I CP.3WLNLY SYR CFAVm ' II I I ., ,Lmwrr WM"SKKHZK CO 42 1 l b F CI isvrllama I 02.1550,1411.76 ONO 0757 1 X I C ',7g �a.c.. t, .�=m .e 9241171&ROME w A.MOO NLY..Y No..Y I I NI axnwo o6si IX DO Q1n "Bq YYY1lHI I I1 .' 001747 AS RANO FOR 1BY IE _ 9 lar • � M . ° ESI N . 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