Res 21-10RESOLUTION NO. 21-10
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX
EXEMPTION TO MALONE SCHOOLER FOR THE HISTORIC
REHABILITATION OF THE PROPERTY LOCATED AT 708 SE 3RI')
STREET, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT
THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND
DEVELOPMENT REGULATION (LDR) SECTION 4.5.1(1 (5);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Historic Preservation Program of the City of Delray Beach, Florida (the "City"), is
designed to preserve, protect, enhance, and perpetuate resources which represent distinctive and significant
elements of the City's historical, cultural, social, economic, political, archaeological, and architectural identity;
and/or serve as visible reminders of the City's culture and heritage; and
WHEREAS, the citizens of Florida amended the Florida Constitution, Article VII, Section 3, to
authorize counties and municipalities to grant a partial ad valorem tax exemption to owners of historic
properties for improvements to such properties which are the result of the restoration, renovation, or
rehabilitation of the historic properties; and
WHEREAS, the City of Delray Beach City Commission has approved an ordinance providing for an
ad valorem tax exemption for the restoration, renovation, and/or improvement of historic properties
(Ordinance No. 50-96); and
WHEREAS, the ad valorem tax exemption is one means of offering a financial incentive to increase
interest in restoring, renovating, and improving the City's historic structures; and
WHEREAS, Ordinance No. 50-96 provides that on completion of the review of a Final
Application/Request for Review of Completed Work, the Historic Preservation Planner shall present such
Final Application in a regularly scheduled meeting of the Historic Preservation Board and shall recommend
that the Historic Preservation Board grant or deny the exemption; and
WHEREAS, the property owners filed a Preconstruction Application and received preliminary
approval from the Historic Preservation Board on April 21, 2010, for an ad valorem tax exemption for the
historic restoration, renovation, and improvement of the property located at 708 SE 3rd Street; and
WHEREAS, the Historic Preservation Board reviewed the Completed Work Application on April 21,
2010, for a determination that the completed improvements were consistent with LDR Section 4.5.1(M)(5) and
recommends approval to grant an ad valorem City tax exemption to Malone Schooler for the restoration,
renovation, and improvement to the property located at 708 SE 3,d Street.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission hereby determines that the completed improvements to the property
located at 708 SE 3rd Street, as described in the application for ad valorem tax exemption filed with the City,
were consistent with LDR Section 4.5.1(M) (5).
Section 2. The City Commission hereby approves an ad valorem tax exemption to the property owner,
Malone Schooler, for a ten year period, commencing on 1/1/11, from that portion of ad valorem taxes levied
on the increase in assessed value, between the years 1/1/11 — 12/31/20, resulting from the renovation,
restoration, and rehabilitation of the property located at 708 SE 3rd Street, which property is legally described
as follows and which improvements are described in HPB Certificate of Appropriateness No. 2007-317:
Lot 1, Less West 83.09 Feet, and Lot 2, Less North 13.6 Feet of West 83.09 Feet and South 36.4 Feet
of West 82.69 Feet, Blank Nichols Subdivision, Delray Beach, Florida
Section 3. Prior to the ad valorem tax exemption described herein being effective, Malone Schooler,
shall execute and record a restrictive covenant in a form established by the State of Florida, Department of
State, Division of Historical Resources, requiring the qualifying improvements be maintained during the period
that the tax exemption is granted. A copy of the recorded covenant shall be provided to the City's Historical
Preservation Planner.
Section 4. This resolution shall take effect in accordance wig law.
��day_ PASSED AND ADOPTED in regular session on the of -2010.
ATTEST: MAYOR
City Clerk
Res No. 21-10
Page I of 2
TO: Mayor and City Commissioners
FROM: Amy E. Alvarez, Historic Preservation Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH: City Manager
DATE: May 20, 2010
SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF MAY 25 2010
RESOLUTION NO. 21-10
ITEM BEFORE COMMISSION
The item before the City Commission is approval of the tax exemption request for improvements to the
property located at 708 SE 3,d Street, Marina Historic District.
1 1.13 � ' LT11 IPLI 0
A one-story structure originally constructed circa 1928 is located on the property as well as a detached
guest cottage. The property is considered contributing to the Marina Historic District. Additional
improvements to the property have taken place over the years including additional living space and the
addition of a two-car garage.
At its meeting of September 19, 2007, the Historic Preservation Board approved COA 2007-317 for a
rear addition to the principal structure consisting of approximately 194 square feet in order to
accommodate a master bath. Additional interior improvements and renovations to the bedrooms,
bathrooms, and living room have been completed, as well as the replacement of the concrete driveway
with brick pavers. The improvements, both interior and exterior, are complete, and a Certificate of
Occupancy (CO) was issued on October 20, 2008. The applicant is now applying for tax exemption
status for those improvements.
The HPB considered the tax exemption request at their April 21, 2010 meeting and recommended
approval of the Ad Valorem Tax Exemption Application Parts I and 2. The tax exemption will apply
only to the difference in assessed value before and after the eligible property improvements.
The applicant is now before the City Commission for final approval of the exemption request. If
approved, the request will be forwarded to the Palm Beach County Property Appraiser's Office and the
Palm Beach County Planning and Zoning Department for recording and final appraisal of the
improvements. Additional background and an analysis of the request are provided in the attached HPB
hftp://miwebOOI/Agendas/Bluesheet.aspx?ltemlD=3354&MeetinglD=292 61212010
Page 2 of 2
Memorandum Staff Report.
UN El W&M
The request contains qualifying improvements under LDR Section 4.5.I(M)(5)(a)(i)-(iv) and is
compliant with the City's Land Development Regulations, the Historic Preservation Design Guidelines,
and the Secretary of the Interior's Standards for Rehabilitation.
Pursuant to LDR Section 4.5.1(M)(10), the "Final Application/Request for Review of Completed Work"
was submitted within eighteen (18) months of the CO. The City's Community Improvement
Department has verified that the work has been completed, passed the final inspection, and the
Certificate of Occupancy was issued on October 20, 2008.
As mandated by LDR Section 4.5.1(M)(10), the Historic Preservation Board reviewed the Final
Application at its meeting of April 21, 2010, and determined that the completed improvements were in
compliance with the previously approved request. Pursuant to LDR Section 4.5.1(M)(12), upon
approval of a Final Application/Request for Review of Completed Work by the Historic Preservation
Board, the Final Application shall be placed by resolution on the agenda of the City Commission for
approval.
The expenditures for the qualifying improvements total approximately $450,000. The tax abatement
will be limited to the increase in assessed value (as determined by the Palm Beach County Property
Appraiser) and result in an abatement of taxes for a period of ten years from the date of approval.
Approve the tax exemption request, "Final Application Request for Review of Completed Work" for
site improvements to the property located at 708 SE 3rd Street, Marina Historic District, based upon
positive findings with respect to LDR Sections 4.5. 1 (M)(5)(a)(iii) and (M)(5)(b) and the Delray Beach
Historic Preservation Design Guidelines.
http://miwebOOI/Agendas/Blueshect.aspx?ltemlD=3354&MectinglD=292 6/2/2010
RESOLUTION NO. 21-10
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX
EXEMPTION TO MALONE SCHOOLER FOR THE HISTORIC
REHABILITATION OF THE PROPERTY LOCATED AT 708 SE 3P-D
STREET, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT
THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND
DEVELOPMENT REGULATION (LDR) SECTION 4.5.1(M)(5);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Historic Preservation Program of the City of Delray Beach, Florida (the "City"), is
designed to preserve, protect, enhance, and perpetuate resources which represent distinctive and significant
elements of the City's historical, cultural, social, economic, political, archaeological, and architectural
identity; and/or serve as visible reminders of the City's culture and heritage; and
WHEREAS, the citizens of Florida amended the Florida Constitution, Article VII, Section 3, to
authorize counties and municipalities to grant a partial ad valorem tax exemption to owners of historic
properties for improvements to such properties which are the result of the restoration, renovation, or
rehabilitation of the historic properties; and
WHEREAS, the City of Delray Beach City Commission has approved an ordinance providing for an
ad valorem tax exemption for the restoration, renovation, and/or improvement of historic properties
(Ordinance No. 50-96); and
WHEREAS, the ad valorem tax exemption is one means of offering a financial incentive to increase
interest in restoring, renovating, and improving the City's historic structures; and
WHEREAS, Ordinance No. 50-96 provides that on completion of the review of a Final
Application/Request for Review of Completed Work, the Historic Preservation Planner shall present such
Final Application in a regularly scheduled meeting of the Historic Preservation Board and shall recommend
that the Historic Preservation Board grant or deny the exemption; and
WHEREAS, the property owners filed a Preconstruction Application and received preliminary
approval from the Historic Preservation Board on April 21, 2010, for an ad valorem tax exemption for the
historic restoration, renovation, and improvement of the property located at 708 SE 3rd Street; and
WHEREAS, the Historic Preservation Board reviewed the Completed Work Application on April
21, 2010, for a determination that the completed improvements were consistent with LDR Section
4.5. 1 (M)(5) and recommends approval to grant an ad valorem City tax exemption to Malone Schooler for
the restoration, renovation, and improvement to the property located at 708 SE P Street. .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission hereby determines that the completed improvements to the
property located at 708 SE 3rd Street, as described in the application for ad valorem tax exemption filed
with the City, were consistent with LDR Section 4.5.1(M)(5).
Section 2. The City Commission hereby approves an ad valorem tax exemption to the property
owner, Malone Schooler, for a ten year period, commencing on 1 /l /11, from that portion of ad valorem
taxes levied on the increase in assessed value, between the years I/l/I I — 12/31/20, resulting from the
renovation, restoration, and rehabilitation of the property located at 708 SE 3d Street, which property is
legally described as follows and which improvements are described in HPB Certificate of Appropriateness
No. 2007-317:
Lot 1, Less West 83.09 Feet, and Lot 2, Less North 13.6 Feet of West 83.09 Feet and South 36.4
Feet of West 82.69 Feet, Blank -Nichols Subdivision, Delray Beach, Florida
Section 3. Prior to the ad valorem tax exemption described herein being effective, Malone
Schooler, shall execute and record a restrictive covenant in a form established by the State of Florida,
Department of State, Division of Historical Resources, requiring the qualifying improvements be
maintained during the period that the tax exemption is granted. A copy of the recorded covenant shall be
provided to the City's Historical Preservation Planner.
Section 4. This resolution shall take effect in accordance with law.
PASSED AND ADOPTED in regular session on the _ day of 2010.
ATTEST:
City Clerk
FUV U'
Res No. 21-10
2
DOS Form No, HR3'EIOI'292
Revised 09/03/00
Read the attached. instructions carefully before completing this application. Your application cannot be evaluated
unless itis complete and all required supporting materials are provided, In the event of any discrepancy between the
appli cation form and other supplementary material submitted with it (such as architatural plans, draWings; and
specifications), the application -forrush'9,11, take precedtnibe. Type or print clearly,in black ink. Ifadditioh6l, -space is
needed, attach additional sheets,
0 by-4 1*4fttg)�,
_LAW
1. Property identification and location:
Property Identification Nurnber (from. taxrecor4s): Attach legaldescripflon qfproperty
.,.
Address of prope rty; Strept
City \'N 2141, County =� \Zr_'�_ Da_
� Zip Co&3247�..
) ,Individually teat anal Register listed. Locally designated historic property, or landmark*
) ITI a National Register. district locally designated district
For- applications submitted to the Division of Historical resources, attach a copy qf the -local designation_ report
f&r the property and the official,corrempondence notiftingthe property owner,of designation.
Narne of historic district
For locally designated historic properties or landmarks, or properties located in locally designated historic
districts, pi-oiide.the.following:adaitionaI inforniation:
Name of local historic preservation agencyloMce LA
Mailing Address
City State Zip Code
Telephone Number (Ski �1* 3 - -7
2; Type of request:
e XlSxemption under 196.199'7; F.S. (standard -exemption)
Exemption under 1:96.,1998, F.S. (exemption for properties occupied.by non-profit organizations or
governtneni agencies and -regularly open to the pubic) ffapplying, under s. 196 108,.FS., complete.
Question 9 on page five.
3. Owner information:
Name of individual or qrgani,zation, owning the property Vj � _�N4AIS
Mailing address,{) CA
state Zi p code
% I IF
4
Daytime Telephone Number (A�W ..11-7- Ir\
If'the property is in inultiple ownership, attach a list of all owners with their mailing addresses.
15
M Form Nol� H113EID1292
Rcvised 09103/00
EnaLe TN–v"o"– Higto—ri'cl ?re 7rv—atio–nl Property — T-ax Exeiiip ion A ppliFaRti6ii
Property Identification Number
Property Address
4. Owner Attestation: I hereby attest that the information I have provided is, to the best of my knowledge, correct,
and that I own the property. described above or that I am legally the authority in charge of the property. Further;. by
submission of f this Application, I agree to allow Access to the property by representatives.of the Division of'Historical
Resources or the Local Historic Preservation Office where such office. exists, and appropriate representatives of the
local government from which the exemption is befing-requqsted, for the purpose of verification of information
provided ,in'this Application. I Also understand that, if the requested exempt on i&grafitled, I will be...reQuired to enter
into a Covenant With the local government anti 'the, tion in Which I must agree to maintain the character of
" Nft Y
the property and the qualifying improv m is r f t exemption.
Ra In' e Siena tt6l Date
Complete the following if signing for an organization or multiple owners:
Title Organization name.
}`4?AZiJATION OF d7bi
(To be completed only for progerties in historic or archaeological districts):
Date of Construction Igo.._ &t'—LoAlate(s) of Alteratidn(s)
Has building been moved? ( )Yes &�If so, when?
6. Statement of Significance:
kd-
Property Identification Number
Property Address 3 rD
7. Photographs and maps:
Attach photographs and maps to application.
0
17
DOS Form No. RkM01202
Revised 09103100
DOS Form W HR3 E 10.1292
Revised 09/03700
(To be completed by all applicants):
,Complete the blocks below. Include site work, new consliuction., alterations, etc.
Property Identification Number
Property Address
Feature. zki'.6.
Approx. date o P eature
Dcscti.be existing feature and its condition:
Photo no, . Drm4ing,00.
Feature-"
Approx. date
Describe existing feature,aind'its; condition:
6L4 llr4oj
V
Pboto no. Drawing no.
Approx. (rate of
Photo no. Drawing no,
Describe work and impact on existing feature:
,Describe work and impact on existing feature:
Describe work and impact on existing feature:
•8
DOS Form,No. Ilk3E] 0 1292
Revised 09/03100
Describe. work and impact on
photo. fit). Drawing no'.,
F&atur : ! r�
Approx. date of feature '-
Describe existing feature :and its condition:
u- RgA-�4
.Photo no. Drawing no.
Feature-t"N r
Approx. date oJ
Describe existing featut.0 and its condition,
.Photo no. Drawlmg,T
Describe work and. impact on existing feature:
EM
I*-� T->
, X l'1
'14AP11,10
A
D08 Form.-No, ME1.61292
.Revised 09103/00
'Page Six — 14istoriePreservation Property Tax Exemption Application
Property Identification Number
Property Address
Approx. date of ffidtV* —
Describe existing 'feature and its,condition:
Photo no. Drawing-no. QL
Feature
Approx, date of feature
Describe existing feature andits; condition:
Photo no.— Drawing no.
Feature
Approx. date of feature_
Describe existing feature and its condition:
Photo no.- Drawing no.
Desdribe.w&k and impact on existing feature:
Describe work and impact on existing feature.
20
DOS Form No. HR3 6101291
Revised 09103100
Property Identification NUmber
Property Address !I el Tr
n
Fko
110 § 46
00 y Ad -
1. Use(s) before improvement:
2. Proposed psei(s) after improvement:
6, 406.1998,1F.S""'
Spedail'C' i(Copfpkii'difl"'f ""I, t d ,s'.,, rty. 64uo
=by 'im"
yj,,',app
y!ng or,exemp, propej
0 "g
nog ;�6'mjrjf" kgtpuza r, grid�� t*f,Xpp
0 Olt, &
NOTE Applicants should check with local officials to determine whether or not the exempionprogedin offered by
their municipal government andlor county allows the special exemption provided by s. 1961,998-F.S,
1. Identify the governmental agency or non-profit organization that Occupies the building or archaeological site:
2. Flow often does this organization or agency cy use the building orarchaeological site?
3. For buildings, indicate the total useable area of building in squaTef6et. (For archaeological sites, indicate the
total area of the upland component in acres) square feet( ) acres(
4. How ibuch area does the organization of Agency Use? square feet.(.:) acres(-
5. What percentage of the usable area does the organizationor agency -use? V0
6. Is the property open to the public jYes ( )No If'so, Wheril
7. Are there regular haurs? ( )Yes )No If so; what are t, hey?,
81� Is the property also.open by-appointment? ( )Yes )No
9. Is the property open ggly by appointment? ( )Yes )No
21
DOS form No,. fHUEI0It92
Rcvis6d 09103100
Page Eight — rfist;t�ic Preservation Property Tax Exemption Application
PART I APPLICATION REVIEW
Fortocal-Historic Preservation Office or Division Us.e:Only
Property Identification Number
Property Address :7W Cl--dC-
The 0 Local Preservation Office ( )Division has reviewed the Historic. Preservation Property Tax Exemption
iiereb
Application for the above named property and Y:
Certifies that the.above referenced property qua] . ifies as a historic property consistent with
the provisions of s. 196:1907 (1
Certifies that the above referenced property does not qualify as a historic property consistent with
6.1997 .1 1
the provisimis of 0 s. 1. (11), FS,
Certifies that the above ;referenced property.tmMifies for the special exemption provided under s.
196,1998, F.S., for properties occupied by nontprofit organizations orgovernment.agencies and
regularly open to the public.
Certifies that the above referenced property does not QuMify for the soecial exemption provided under
196.1998i F,&,
Review Comments:
Date 193. /Z9-
22
IJOS Form NoAiRM,01192
Revised 09/03/00
Page Nhie — Historic Preservation Pro perty-,Tnx Exe!pptibn Applieation `�
PART 2 APPLICATION REVIEW
For Local Historic Preservation Office or Division Use Only
Propqrty,ldetitificatibil Number 1:?
1''. Number , � � _izl_ -�/- -1
Property Address
The ( Local, Preservation Office ( )Division has reviewed, the Historiq: Preservation Property Tax Exemption
Ap, r'atior for the above named property And, hereby: 1 7'
Dcteiiiiines that impTovemenisto the above referenced property are consistent with the Secretary of
"Interior's Standards for Rehabilitation and Guidelines for kebabilitating Historic . Buildifigs, and the
criteria set forth in Chapter IA-38, F.A.C.
Petemines that improvements to thit above referenced property are not consistent with the Secretary
of ltrte�riorlsS'tatidards for Rehabilitation and Guidblihes'for Rehabilitating Historic Buildings, and the
criteria set forth in Chapter 1A-318, FXC, All work not consistent with the referenced Standards,.
Guidelines and criteria are identified in the 11,eview Comments. Recommendations to assist the
applicant in bringing the.proposed work inter compliance with the.referencedStandards, Guidelines
and criteria are provided in the, Reviavv Comments,
Review Comments:
Additional Review CornmenWaftached? Yes(,) No
V
Cf
C
Signature i"IA -1
Typed br printed name
�
Title A&�-:42,-,,6171-ed
Date
23
DOS Form No. 1- 1123E 10,120
Revised OW103/00
U.pcin completion of the restoration, rehabilitation or renovation, return ihisfu m with photographs ofthe completed
work (views of site improvements, exterior ierior and interior work for buildings) to the,Division of Historical Resources
or the Local Historic Preservation: -'Office, as applicable. These, photographs must provide a, comprehensive
description of the completed work. They:should be the. same views as the before photographs included in Part .1 of'
the application. Type or print clear] I
,y in black ink.The -final recommendation of the Division of Historical Resources
or the Local Historic Preservation Office ,as applicable, with respect to,the requested historic preservation property
tax exemption is made on the.basis of the descriptions in this Request for Review of Completed Work..
.Property identification and location:
Property Identification Number: 141 .4, 1
Ile
Address of property- -Street
Pgg
city 147Y, E&]k# County BA-11
Zip Code
2. Data on restoration, rehabilitation, or renovation project:
Project starting date -Project completion date:
Estimated cost Of entire project: $ WU.—
Estimated costs attributed. solely,to work on historic buildings or archaeological site: $
I. Owner Attestation.,. I hereby apply for the historic preservation property tax exemption for the restoration,
rehabilitation or renovation work described above and in Part 2 of the. Historic Preservation Property Tax Exemption
Application (Application) submitted for this project. I attest that the information provided is, to the best of my
khowledg0j, correct, and that in my 'Opinion, the completed project :conforms to The Secretary of the Interior's
Standards for Rehabilitation and Guidelines for. Rehabilitating Historic Building
,s,, and is consistent With the work
described in Pan 2 of the Application. I also attest that I am the Owner of the property described above. or. if the
property is. not: owned by an individual, that I am the duly authorized representative of the owner. Further, by
submission of this Application and Request for Review of Completed'Work. (Request), I agreeto allow access to the
property by reprcsenfatives of the Division of Historical Resources or the Local. Historic Preservation Office, where
such office exists, and :appropriate representatives. of the local government from which the exemption is being
requested, for the.purpose of verification -of nformation provided in the Application and This Request. I understand
that, if the requested _exemption is grarite
1 will be -require to enter into a. Covenant with the local government
granting the exemption in which I i6im in the character of the property and the qualifying
e in t
'. � dust
improvements for the term of the e+ptlo fl�,altsoo; =%ant(tha�t falsification of factual representations in this
Application or Request is s n ursuatif the Laws of Florida.
'in, SIAP,
i ubjecttocriminals �I� "
Name
Complete the following if signingfor an
Title
Mail ing Address
city,
Daytime Telephone Number
Organization name
State
24
03x31,
Date
owners ($ee next page for additional owners):
Zip Code
I
N
ON,
H
00
��\� �. �\
DOS Form No. HR3E111292
HISTORIC PRESERVATION PROPERTY TAX EXEMPTION COVENANT
This Covenant is made the 25th day of May, 2010, by Malone Schooler and Brooke O Schooler,
(hereinafter referred to as the Owner) and in favor of the City of Delray Beach (hereinafter referred
to as the Local Government) for the purpose of the restoration, renovation or rehabilitation, of a
certain Property located at 708 SE 3rd Street, Delray Beach, Florida which is owned in fee simple
by the Owner and is listed in the National Register of Historic Places or locally designated under the
terms of a local preservation ordinance or is a contributing property to a National Register listed
district or a contributing property to a historic district under the terms of a local preservation
ordinance. The areas of significance of this property, as identified in the National Register
nomination or local designation report for the property or the district in which it is located are X
architecture, X history, archaeology.
The Property is comprised essentially of grounds, collateral, appurtenances, and improvements.
The property is more particularly described as follows (include city reference, consisting of
repository, book, and page numbers): Property Control Number 12- 43- 46- 16 -A9- 128 -0011, Lot 1,
Less West 83.09 feet, Blank Nichols Subdivision, & Lot 2, Less North 13.6 feet of West 83.09
feet & South 36.4 feet of West 82.69 feet, BILK 128, Town of Delray, Delray Beach, Florida,
according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for
Palm Beach County, Florida, recorded in Plat Book 13, page 28.
In consideration of the tax exemption granted by the Local Government, the Owner hereby agrees
to the following for the period of the tax exemption which is from January 1, 2011 to December 31,
2020.
1. The Owner agrees to assume the cost of the continued maintenance and repair of said Property
so as to preserve the architectural, historical, or archaeological integrity of the same in order to
protect and enhance those qualities that made the Property eligible for listing in the National
Register of Historic Places or designation under the provisions of the local preservation ordinance.
2. The Owner agrees that no visual or structural alterations will be made to the Property without
prior written permission of the Local Historic Preservation Office. The address of the certified Local
Historic Preservation Office is, if one exists in the jurisdiction:
City of Delray Beach, Planning and Zoning Department
100 NW 1St Avenue
Delray Beach, Florida
561.243.7284
I
0
C
The address of the Division of Historical Resources is:
Bureau of Historic Preservation
Division of Historical Resources
R.A. Gray Building, 500 South Bronough Street
Tallahassee, Florida 32399 -0250
Telephone Number: (850) 487 -2333
3. [Only for properties of archaeological significance] The Owner agrees to ensure the protection of
the site against willful damage or vandalism. Nothing in the Covenant shall prohibit the Owner from
developing the site in such a manner that will not threaten or damage the archaeological resource,
provided that permission for alteration of the site is obtained pursuant to 2. above.
4. The Owner agrees that the Local Historic Preservation Office and appropriate representatives of
the Local Government, its agents and designees shall have the right to inspect the Property at all
reasonable times in order to ascertain whether or not the conditions of this Covenant are being
observed.
5. In the event of the non - performance or violation of the maintenance provision of the Covenant
by the Owner or any successor -in- interest during the term of the Covenant, the Local Historic
Preservation Office will report such violation to the Property Appraiser and Tax Collector who shall
take action pursuant to s.196.1997 (7), F.S. The Owner shall be required to pay the difference
between the total amount of taxes which would have been due in March in each of the previous
years in which the Covenant was in effect had the property not received the exemption and the total
amount of taxes actually paid in those years, plus interest on the difference calculated as provided
in s.212.12 (3), F.S.
6. If the Property is damaged by accidental or natural causes during the Covenant period, the
Owner will inform the Local Historic Preservation Office in writing of the damage to the Property,
including (1) an assessment of the nature and extent of the damage; and (2) an estimate of the
cost of restoration or reconstruction work necessary to return the Property to the condition existing
at the time of project completion. In order to maintain the tax exemption, the Owner shall complete
the restoration or reconstruction work necessary to return the Property to the condition existing at
the time of project completion on a time schedule agreed upon by the Owner and the Local Historic
Preservation Office.
7. If the Property has been destroyed or severely damaged by accidental or natural causes, that is,
if the historical integrity of the features, materials, appearance, workmanship, and environment, or
archaeological integrity which made the property eligible for listing in the National Register of
Historic Places or designation under the terms of the local preservation ordinance have been lost or
so damaged that restoration is not feasible, the Owner will notify the Local Historic Preservation
Office in writing of the loss. The Local Historic Preservation Office will evaluate the information
provided and notify the Owner in writing of its determination regarding removal of the Property from
eligibility for tax exemption. If the Local Historic Preservation Office determines that the property
should be removed from eligibility for tax exemption, it will notify the Property Appraiser of the
county in which the Property is located in writing so that the tax exemption can be canceled for the
remainder of the Covenant period. In such cases, no penalty or interest shall be assessed against
the Owner.
Page 2
8. If it appears that the historical integrity of the features, materials, appearance, workmanship, and
environment, or archaeological integrity which made the Property eligible for listing in the National
Register of Historic Places or designation under the terms of the local preservation ordinance have
been lost or damaged deliberately or through gross negligence of the Owner, the Local Historic
Preservation Office shall notify the owner in writing. For the purpose of this Covenant, "gross
negligence" means the omission of care which even inattentive and thoughtless persons never fail
to take of their own property. The Owner shall have 30 days to respond indicating any
circumstances which show that the damage was not deliberate or due to gross negligence. If the
Owner cannot show such circumstances, he shall develop a plan for restoration of the property and
a schedule for completion of the restoration. In order to maintain the tax exemption, the Owner
shall complete the restoration work necessary to return the Property to the condition existing at the
time of project completion on a time schedule agreed upon by the Owner and the Local Historic
Preservation Office. If the Owner does not complete the restoration work on the agreed upon time
schedule, the Local Historic Preservation Office will report such violation to the Property Appraiser
and Tax Collector who shall take action pursuant to s.196.1997 (7), F.S. The Owner shall be
required to pay the difference between the total amount of taxes which would have been due in
March in each of the previous years in which the Covenant was in effect had the property not
received the exemption and the total amount of taxes actually paid in those years, plus interest on
the difference calculated as provided in s.212.12 (3), F.S.
9. The terms of this covenant shall be binding on the current Property Owner, transferees, heirs,
successors, or assigns.
This Covenant shall be enforceable in specific performance by a court of competent jurisdiction.
OWNER-
Name''
a u re
at
ame Signature
ate
STATE OF Re44a--J
COUNTY OF
The foregoing instrument was acknowledged before me this 3A,� day of/Uvatmbe r .-10/0
�
bylO.m& lone ooler 4 l3YOO),-e O, Sc1,noler who have produced
as identification (if left blank personal knowledge existed).
p,L ORS
�O� l �
COAIA,fo ��k Notary Signature
OF VIR Av Ay
Be a),* a a -
COIKMISSIOIV Printed name
#201032
LOCAL GOVERN M i1F'.1 "i6ty of Delray Beach
Name of Authorized Local Official Signature
Pa�:c 3
Date