MEMORANDUM. The Honorable Paulette Burdick, Mayor, and Members of the Board of County Commissioners. Lorenzo Aghemo, Planning Director

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1 MEMORANDUM TO: FROM: The Honorable Paulette Burdick, Mayor, and Members of the Board of County Commissioners Lorenzo Aghemo, Planning Director DATE: December 13, 2016 RE: Sabal Grove, Modification of Restrictive Covenant for Workforce Housing The Board of County Commissioners (BCC) approved the Sabal Grove Subdivision on May 25, 2006, via Resolution R The approval included 63 residential Townhome units of which 7 units were required to be deed restricted to families within the % of Area Median ncome (AM) range. The units were to be deed restricted for a period of ten years under ownership, or twenty years in the event they should be rental. The property owner intends the units as a fee simple ownership product. A Restrictive Covenant was recorded June 20, 2007 (OR Book Page 1681) which implemented the deed restricted unit obligation. The development was approved using the nterim Workforce Housing Program (WHP) prior to the establishment of the current WHP. The current document contained language in Exhibit "B" that further specified the assignment of the WHP obligated units to certain lot numbers. The covenant is now being updated (attached) to reflect the revised lot numbers for the WHP obligated units. Staff supports the proposed changes. With BCC approval, the attached covenant will update the current document. Attachment C: Verdenia Baker, County Administrator Faye Outlaw, Assistant County Administrator Patrick Rutter, Executive Director, PZB Jon MacGillis, Zoning Director Robert P. Banks Esq., Chief Land Use County Attorney Patricia Behn, Deputy Planning Director T:\Planning\CURRENT\WHP\Sabal Grove\Sabal Grove WHP-RCA Agenda tem \DRAFT BCC-Sabal- Grove-Agenda-item-Memo.docx Page 592

2 Prepared by and return to: Dana Robin Goldman, Esq. Shutts & Bowen, LLP 200 S. Biscayne Boulevard Suite 4100 Miami, FL (Top portion for recording purposes) FRST AMENDMENT TO DECLARATON OF RESTRCTVE COVENANTS FOR WORKFORCE HOUSNG N ACCORDANCE WTH THE WORKFORCE HOUSNG PROGRAM THS FRST AMENDMENT TO DECLARATON OF RESTRCTVE COVENANTS FOR WORKFORCE HOUSNG N ACCORDANCE WTH THE WORKFORCE HOUSNG PROGRAM (the First Amendment ) is made by and executed this day of, 2016,2017, by Lennar Homes, LLC, a Florida limited liability company ( Lennar ) as the current owner of the property described on Exhibit A attached hereto (the Property ). RECTALS A. The Declaration of Restrictive Covenants for Workforce Housing in Accordance with the Workforce Housing Program (the Covenant ) was recorded June 20, 2007 in Official Records Book 21855, Page 1681, of the Public Records of Palm Beach County, Florida. B. Pursuant to paragraph 10 of the Covenant, the Covenant shall not be extinguished, enlarged, modified, or replaced except with written authorization of Palm Beach County Board of County Commissioners. MADOCS Page 593

3 C. Lennar desires to modify the Covenant on the terms and conditions set forth below. D. By Resolution No. dated December 7, 2016, thethe Palm Beach County Board of County Commissioners has approved in writing the modifications described below.the First Amendment on, NOW THEREFORE, Lennar hereby amends the Covenant as follows: 1. Defined Terms. Capitalized terms not otherwise defined in this First Amendment shall have the meanings assigned to them in the Covenant. 2. Amendments to the Covenant. Words in the text which are lined through () indicate deletions from the present text; words in the text which are double-underlined indicate additions to the present text. A. Subsection c. of paragraph 1 of the Covenant is amended as follows: a. Declarant means the entity creating the initial Development. DeclarantLennar is the originalcurrentdeveloperdeclarant (LENNAR HOMES, LLC, a Florida limited liability company), and its successors or assigns, including any or all successors or assigns holding an interest in a Required Workforce Housing Unit. B. Exhibit B of the Covenant is deleted in its entirety and replaced with Exhibit B attached hereto and made a part hereof. 3. Covenant in Full Force and Effect. Except as expressly modified by this First Amendment, the Covenant shall otherwise remain in full force and effect and is hereby ratified in every respect. All references to the Covenant shall mean the Covenant as modified by this First Amendment. n the event of any conflict between the terms of the Covenant and the terms of this First Amendment, the terms of this First Amendment shall control. [SGNATURES APPEAR ON THE FOLLOWNG PAGE] MADOCS Page 594

4 N WTNESS WHEREOF, the parties have hereunto set their hands and seals this day of 2016., Signed, Sealed and Delivered in the presence of: (Witness Signature) (Print Name) (Witness Signature) (Print Name) Declarant: Lennar Homes, LLC, a Florida limited liability company By: Name: Title: Date: _ STATE OF FLORDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of, 2016,2017, by, as of Lennar Homes, LLC, a Florida limited liability company, who executed the instrument on behalf of the Company, and who is personally known to me or has produced as a type of identification. Notary Signature Print Name: Notary Public, State of: Serial Number, if any: My commission expires: MADOCS Page 595

5 EXHBT A LEGAL DESCRPTON OF THE PROPERTY ALL OF SABAL GROVE, ACCORDNG TO THE PLAT THEREOF RECORDED N PLAT BOOK 110, PAGES 52 THROUGH 54, PUBLC RECORDS OF PALM BEACH COUNTY, FLORDA SAD LANDS STUATE N PALM BEACH COUNTY, FLORDA, CONTANNG 456,443 SQUARE FEET OR ACRES, MORE OR LESS, SUBJECT TO EASEMENTS, RESTRCTONS, RESERVATONS, COVENANTS, AND RGHTS-OF-WAY OF RECORD. MADOCS Page 596

6 EXHBT B LEGAL DESCRPTON OF REQURED WORKFORCE HOUSNG UNTS PROPERTY: The following listed seven (7) Townhouse lots located in the Development andas depicted on the final approved site planplat of Sabal Grove, recorded in Plat Book 110, Pages 52 through 54, of the Public Records of Palm Beach County, Florida, shall be designated as the Workforce Housing Units that are set forth in 1H of the Covenant at a purchase price not to exceed TWO HUNDRED EGHTY THOUSAND DOLLARS AND NO/100 ($280,000): 1. Lot 2 2. Lot 7 3. Lot 8 4. Lot Lot Lot Lot 60 Each Required Workforce Housing Unit will be legally described in the respective deed of sale for a Required Workforce Housing Unit and contain the restriction set forth in paragraph 4 of the Covenant, whereupon this Covenant shall be deemed modified to encumber the real property described in each such deed for the above-referenced seven (7) Townhouse lots. Page 597

7 ~. ~. 1;:00 - 'A f'' - ~ ~ LEGEND: WHP NDCATES LOCATON OF WORKFORCE HOUSNG UNT ON CURRENT APPROVED STE PLAN CURRENT APPROVED WHP UNT LOCATONS \. 1;:00 ~A. 'r'- ~~ LEGEND: NDCATES LOCATON OF WHP PROPOSED WORKFORCE HOUSNG UNT PROPOSED WHP UNT LOCATONS 610 Clematis Street. Suite CU02 West Palm Beach, FL FAX #LCC Copyrght: A ~4""1,_ngem,,*,.fd pn...ntd 111 SABAL GROVE PLAT TWO (a.k.a. Sabal Grove) Palm Beach County, Florida NORTH NOTTOSCALE tjil~"owr-.by nlt.lf1llrri"~, n lndtr.. a:... af... ~ Urblln P.nnlnll & D_llln Lan_cape Archbcture Cornmunatlon Grephlell ~,..~ dllllglll,lf'a/"'** or...d rill Ud br, 11'.... tj '111 pdl, rrn, or OOp'anw!D.: lh... pnjlllondlhl-v-. BCC COMMSSON HEARNG WORKFORCE HOUSNG EXHBT JANUARY 5, 2016 Date: November Project No.: Page 598