Res 48-10RI;.SOLU"PION NO. 48-10
r1 RI~.SOLUTION OF 'I'HI~. CI'11' COI~iI~IISSION OI~ THE CI"1~' OI~
DELRAY BEACH, FLORIDA, GRANTING AN All VALOREM Tt11
I?~EMPTION TO ISABELLl~ INVF,S"TMI~,N'TS, INC. I~OR "I'HI~.
HISTORIC REI-IAI3ILI'I',1'I'ION OF 'I'HP: PROPER"I`Y LOCA1'F;D A1' 124
NOR"1'H SWINI'ON AVENUE, AS FUR"1'HI?R llF.SCRIBED HEREIN;
DI~;l'f~1ZI~IINING THl~"I' "i'HE COMPLI~:I'ED IMPROVL?MENTS AR[~,
CUNSISTh.N"1' WITH LAMS llI~VELOPI~7I:NT REGULATION (LDR)
SI~,CI'ION 4.5.1(M)(5); PROVIDING ~1N I~.1~FI~.CI'IVE DATE.
WHI ~,REAS, the Historic Presei-~ration Program of the Cite 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 Berne as visible reminders of the City's culture and heritage; and
WH1~1Z1?AS, the citizens of Florida amended the Florida Constitution, ~~rticle 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
WHI?RL?AS, 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. 50-9C); and
WHI?REAS, 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
WHI?RI~.AS, Ordinance No. 50-9G 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
WHI~.RI?AS, the property owners filed a Preconstruction 1lpplication and Completed Work
Application for review by the Historic Presen-ation Board on July 7, 2010, of an ad valorem tax exemption for
the historic restoration, renovation, and improvement of the property located at 124 North Swinton Avenue,
and the Historic Preservation Board determined that the completed improvements were consistent with LDK
Section 4.5.1(1~I)(5) and recommended approval to grant an ad valorem City tax exemption to Isabella ~,
Im~estments, Inc. for the restoration, renovation, and improvement to the property located at 124 North
Swinton Avenue.
NOW, '1'HEREI~ORE, BIB. I"I' RESOLVED BY THE CITY COMMISSION O1~ "1'HI? CITY OF
DI~.LRAY BEACH, 1'LORID;1, AS FOLLOWS:
Section 1. The City Commssion hereby determines that the completed improvements to the property
located at 124 North Swinton Avenue, 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,
Isabella Investments, Inc., for a ten year period, commencing on 1 / 1 / 11, from that portion of ad valorem
taties levied on the increase in assessed value, behveen the years 1 /1 /11 - 1231 /20, resulting from the
renovation, restoration, and rehabilitation of the property located at 124 North Swinton ~wenue, which
property is legally described as follows and which improvements are described in HPI3 Certificate of
rlppropriatencss No. ?009-114:
South 4.5' of Lot 11 and the North 70.5' of Lot 12, I31ock 59,1'own of Delray
Section 3. Prior to the ad valorem tax exemption described herein being effective, Isabella
Investments, Inc., shall c~ecute and record a restrictive covenant in a form established by the State of Florida,
llepartment 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 Presen~ation Planner.
Section 4. "Phis resolution shall take effect in accordance with law.
PASSliD AND ~1DOPTL:D in regular session on the 7~f' day of September, 2010.
A"1"I'fJS"I':
~• ~~
City Clerk
MAYO
/ Res No. 48-10
Page 1 of 2
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Amy E. Alvarez, Historic Preservation Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH: City Manager
DATE: September 1, 2010
SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF SEPTEMBER 7, 2010
RESOLUTION N0.48-10 (TAX EXEMPTION REQUEST FOR ELIGIBLE
IMPROVEMENTS/124 N. SWINTON AVENUE)
ITF,M BEFORF, COMMISSION
The item before the City Commission is approval of the tax exemption request for improvements to the
property located at 124 North Swinton Avenue, Old School Square Historic District.
BACKGROUND
A circa 1910 frame vernacular style, two story structure remains on the property, along with a circa
1985 one-story accessory structure located along the alley. In 1993, the property was converted from a
single-family residence to retail use along with associated site improvements such as landscaping and
parking. Located on the west side of North Swinton Avenue, between NW 1St and NW 2°d Streets, the
property is classified as contributing within the Old School Square Historic District.
At its meeting of March 4, 2009, the Historic Preservation Board (HPB) approved COA 2009-114 for
alterations to the contributing structure consisting of the replacement of all of the wood windows, and
installation of impact rated, white, aluminum windows. The replacement will eliminate the need for
additional hurricane protection on the building exterior. Many of the original windows were 1/1, in
addition to three (3) decorative, leaded glass original windows and a set of 4 original windows on the
north elevation with a decorative muntin configuration on the upper sash, and a single pane on the lower
sash. Single-pane windows were installed in front of the leaded glass windows which were reinstalled
on the interior to retain the historic aesthetics of the windows. The vinyl siding was also removed and
the original wood siding was restored.
In addition to the window replacement, the new property owner has completed significant restoration
improvements on the interior including all trim work, floors, railings, stairs, etc. These were not
included with the window application as the HPB does not review interior improvements unless the
interior is designated.
http://miweb001 /AgendasBluesheet.aspx?ItemID=3727&MeetingID=269 9/8/2010
Page 2 of 2
ANALYSIS
The improvements, both interior and exterior, are complete, and a Certificate of Occupancy (CO) was
issued. The applicant is now applying for tax exemption status for those improvements.
The HPB considered the tax exemption request at their July 7, 2010 meeting and recommended
approval of the Ad Valorem Tax Exemption Application Parts 1 and 2. The tax exemption will apply
only to the difference in assessed value 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 recordation and final appraisal of the
improvements. Additional background and an analysis of the request are provided in the attached HPB
Memorandum Staff Report.
The request contains qualifying improvements under LDR Section 4.5.1(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.
As mandated by LDR Section 4.5.1(M)(10), the Historic Preservation Board reviewed the Final
Application at its meeting of July 7, 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 associated with the qualifying improvements total approximately $140,000.The tax
exemption 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 on the City and County portions for a period of
ten years from the date of approval.
RECOMMENDATION
Approve the tax exemption request, "Final Application Request for Review of Completed Work" for
site improvements to the property located at 124 North Swinton Avenue, Old School Square 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://miweb001 /Agendas/Bluesheet.aspx?ItemID=3727&MeetingID=269
9/8/2010
RESOLUTION NO.48-10
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX
EXEMPTION TO ISABELLA INVESTMENTS, INC. FOR THE HISTORIC
REHABILITATION OF THE PROPERTY LOCATED AT 124 NORTH
SWINTON AVENUE, 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 signiticant
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 Completed Work
Application for review by the Historic Preservation Board on July 7, 2010, of an ad valorem tax exemption
for the historic restoration, renovation, and improvement of the property located at 124 North Swinton
Avenue, and the Historic Preservation Board determined that the completed improvements were consistent
with LDR Section 4.5.1(M)(5) and recommended approval to grant an ad valorem City tax exemption to
Isabella Investments, Inc. for the restoration, renovation, and improvement to the property located at 124
North Swinton Avenue.
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 124 North Swinton Avenue, 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, Isabella Investments, Inc., for a ten year period, commencing oil 1/1/1 I, from that portion of ad
valorem taxes levied on the increase in assessed value, between the years 1/1/1 1 - 12/31/20, resulting from
the renovation, restoration, and rehabilitation of the property located at 124 North Swinton Avenue, which
property is legally described as follows and which improvements are described in HPB Certificate of
Appropriateness No. 2009-1 14:
South 4.5' of Lot I 1 and the North 70.5' of Lot 12, Block 59, Town of Delray
Section 3. Prior to the ad valorem tax exemption described herein being effective, Isabella
Investments, Inc., shall execute and record a restrictive covenant in a for-n 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
MAYOR
2
Res No. 48-10
DOS Porm No. [iR3E101292
Revised 09/03/00
head the attached instructions carefully before completing this application. Your application cannot be evaluated
unless it is complete and all required supporting materials are provided. In the event of any discrepancy between the
application form and other supplementary material submitted with it (such as architectural plans, drawings and
specifications), the application form shall take precedence. Type or print clearly in black ink. If additional space is
needed, attach additional sheets.
GEN~IZAL INRORl!'1CATION (To b@ c4mpleteit by, all?itppUcattsl , , , , ; ,._
1. Property identification and location:
O11)
Property Identification Number (from tax ,records): ~2'~'-y - ~~'1 ~O- U (-05~'I'Attach legal description of property
Address of property; Street ~ Z y N . SWpt ~1~ ~ ~ J E / J
City_ ~ei~ fZ Ati.{ ~jQ~-Gh County f A ~VV~ ~l Zip Code 3 3 ~-f~-! `-(
O Individually National Register listed OLocally designatcd historic property or ]andmark~
O In a National Register district (--} In a locally designated district
* h'or applications submitted to the Division of Historical Resources, attach a copy of•the local designation report
for the property and the official correspondence notifying the property owner of designation.
Name of historic district b~~ SG 1-1oOL ~('~~~£ ~-tS - o/t~+C~
For locally designated historic properties or landmarks, or properties located in locally designated historic
districts, provide the following additional information:
Name of local historic preservation agency/office PlQ tt/ui~ (y ~s.r.s~ ZON+"~~ ~Pr- ~t-r~ 1-~_~'~utlR
Mailing Address tp~~n "~N'~of~WeST 1---~.ST ~Q
City ~.~,`(Lp,.,t +a?~waC.iX State FL Zip Code 3~t-{~~
Telephone Nutnber (_~~ ~'3- 7~a
2. Type of request:
(Exemption under 196.1997, F.S. (standard exemption)
()Exemption under 196.1998, F.S. (exemption for properties occupied by non-profit organizations or
government agencies and regularly open to the pubic) !f applying under s. 196.1998, F.S., complete
Question 9 on page five.
3. Owner information: '
Name of individual or organization owning the property 15a~`!A T ,L»JeSTMe niTS~ LLG
Mailing address ~ a ~ N 5(a! ~ r, zo rJ ~ E
City ~~' ~ A~l> ~p,~ State F L Zip code 33 4 4
Daytime Telephone Number (~~ ~(q ~p - X13(7
If the property is in multiple ownership, attach a list of al! owners with their mailing addresses.
15
DOS Forrn No. I-IIt3E 101292
Revised 09/03/00
~ .
Property Identification Number Iii N3- 4 io -f {, - D (- O 59 ' O I ~
Property Address 12~ ~ ~~~n.rD~1 ~vE ~Z~(~rA"f n--L°~r~f~-_~L 33~4~ - _
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 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 being requested, for the purpose of verification of information
provided in this Application, I also understand that, if the r sted exemption is granted, [will be required to enter
into a Covenant with the local government gran i th mption in which I must agree to maintain the character of
the property and the qualifying improvemen r th e e exemption.
~}AR-oLp ~G~4~V t LS ~ ~ ~.~~~
Name Sign ------ - Dat
Complete the following if signing for an organization or multiple owners:
~125~~~~'/OW~ZR ..t-SA~~~t~ _. ~~Ut+STrY11E1r1.S ~.,G -
Title Organization name ~
-1GVA1~,iTA~'ION;:O1~ PROPE~tTY E~,TGIBI[.,L'I`Y , ': ..... '; ..; , ;.. , .. ` . . .
(To be completed only for pronertics in historic or archaeological districts):
5. Description of Physical Appearance:
" 01.E Pl.o[t-rDA Q~~NE CONS-rEuC~arJ -
- ~ ~ s-r ~ N fw .S rh'N ~. ~ Ef3'Tti+ (es - Poe th P lace rr~e,rtiT 6~ w ~ ~ D'ow S
-- (kl.so H-~4-S G A~LH-(~F ~
- Novs¢.hlas sh;~+~~~Z S ~ ~~uc. i,~ ~„vY cb)o~-(ma.'~-h~decl Sa.m~ c~D~o2~
Date of Construction I`~ Date(s) of Alteration(s) /Y}g.,~ -~ flv6- apOq ______
Has building been moved? (}Yes (/fNo If so, when?
6. Statement of Significance:
16
7~0~
ADDRESS OF PROPERTY: 12<} -.~ • S~N'','"f b~ ~`~G
PROPERTY IDENTIFICATION NUMBER: l2- ~ 4-~ " t ~- 'o ~ - awl - ~~ ~ ~
LEGAL DESCRIPTION: -T<,w,.~ L~ ~~~.~'f 5 4• s ~r ~~ r ~ ~
NAME OF HISTORIC DISTRICT: bt,~ ~.~~~. ~LV.A~ ~ ti~o~.\ G"~~r~iL ~
DATE OF CONSTRUCTION: M A`1 - ~' ~ N 4- z ~~° ~
HAS THE BUILDING BEEN MOVEll? ()Yes (~j No If Yes, when?
ADDITIONS AND ALTERATIONS: Provide date and description of additions and alterations to the
properly. (For example, "casement windows replaced with jalousie type, approximately 1974", "rear
bedroom added, 1974").
`Z~-"~c~~ fl ~x_~~r---J ~. S-~.~C,l..~.. ~-~~~~ G~t~~ u duo ~~ v.~~-rte
1 !~, SGT S i ~ G l~ ~sl~,. L~ S ~J Uo~3 5 - 2 a0 5 -
PROPERTY USE
USE(S) BEFORE IMPROVEMENT: Co-n.M,i~ i~`~~--
PROPOSED USE(S) AFTER IMPROVEMENT: (`o -~e(t~.~ (l.C:t~k ~-
DESCRIPTION OF PHYSICAL APPEARANCE
EXTERIOR
Construction Materials: 01~ ~~b e ~ ~ ~ i 1 ~~
Distinguishing Architectural Features (e.g., placement and type of windows; chimneys;
porches; etc.): ~QQc.N ~t~oEn~~til'r ~~ ~1~-.~~~,~.JS
INTERIOR
Distinguishing Features (e.g., decorative molding -dining room; limestone fireplace -
living room; etc.): T~~ ~-ruj6 ,~i~,. ~C.ti~_~,(L~ Ar_~_
ACCESSORY STRUCTURES
Describe the present appearance of any accessory structures on the property (e.g.,
outbuildings; garage; walls; etc.):
^r ~~~ C~~ haQa A~.~ P. ~ A~C~
14
~io~
~:: COMPLETED WORK APPLICATION
INSTRUCTIONS:
',~ Upon completion of the restoration, rehabilitation or renovation, return this form with photographs of the completed
work (both exterior and interior views for the buildings) to the Historic Preservation Division. These photographs
`1 must provide a comprehensive description of the completed work. They should be the same views as the before
," photographs included in the Preconstruction Application. The final recommendations of the Historic Preservation
f ~' Division 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.
~'
.t
,;
r PROPERTY IDENTIFICATION AND LOCATION
~=
~: Property Identt tcatton
Nttmber: l2 j}. -J • 5~ t~.r ~o--~ -P~J ~
Address of Property:
Street
SvJ ~ ~J"r' 01.E Pcal ~-
City j~u+.A~~-( ~Ek.L~1 County ~~~~c~+ ~sa~`~ Zip
Code ~ ~!~ _
DATA ON RESTORATION, REHABILITATION OR RENOVATION PROJECT
Project starting date: - ~ o ~ ~
Project completion date: 08 g .o ~_
Estimated cost of entire project: ~ I+-iV,oUD
Estimated costs attributed solely to work on historic buildings: ~~ao~o
OWNER ATTESTATION
I Nearby apply for the historic preservation property tax exemption for the restoration, rehabilitation or renovation
work described above and in the Preconstruction Application for this project which received approval on
. I Nearby attest that the information provided is, to the best of my knowledge, correct, and
that in my opinion the completed project conforms to the Secretary if the Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings, and is consistent with the work described in the Preconstruction
Application. I also attest that 1 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, I
agree to allow access to the property by representatives of the Historic Preservation Division and appropriate
representatives of the governments from which the exemption is being requested, for the purpose of verification of
information provided in this application. I understand that, if the requested exemption is granted, I will be required
to enter into a Covenant with the governments granting the exemption in which I must agree to maintain the character
of the property and the qualifying improvements for the term of the exemption. I also understand that falsification of
factual representations in this application is subject to criminal sanctions pursuant to the Laws of Florida.
Name ~~Let.J /G~'e!//C/ Signature Date „~ /~ YD/4
Complete the following if signing for an organi on or mul ' e owners:
Title
Organization Name
5
DOS Porm No. HIt3E 101292
Revised 09/03/00
~ ~ ~
Property IdentificationN/umber 1 z - ~{3~yb" ~ ~ ' ~~ " ~Jrc1 ` 01 t ~!
Property Address ~2'1 /~ SLl1r NT~~ ~le ~~~,Q /~IS~ f~- 'j3~~~
Prope'r'ly Use"'{To be completed by iilll applcantsl;
I. Use(s) before improvement: 1~(Lr U/ DutN~R U SAD AS I~E1~1tL S`!~
2. Proposed use(s) after improvement: QFFIC~S Cf~1~M)NtSTiQR77/E~
NOTE: Applicants should check with local o~cials to determine whether or not the exemption program offered by
their municipal government andlor county allows the special exemption provided by s. 196.1998, F.S.
1. Identify the governmental agency or non-profit organization that occupies the building or archaeological site:
2. How often does this organization or agency use the building or archaeological site?
3. For buildings, indicate the total useable area of the building in square feet. (For archaeological sites, indicate the
total area of the upland component in acres) square feetO acres( }
4. How much area does the organization or agency use?
square feet() acres( )
5. What percentage of the usable area does the organization or agency use?
6. Is the property open to the public ()Yes (}No If so, when?
7. Are there regular hours? ()Yes ()No If so, what are they?
8. Is the property also open by appointment? ()Yes ()No
9. Is the property open o~ by appointment? ()Yes (}No
21
DOS Form No. HR3E101292
Revised 09/03/00
~ ~~
PART 1 APPLICATION REVIEW
For Local Historic Preservation Office or Division Use Only
Property ]dentification Number, T
Property11 Address _ _
The ~ 1Local Preservation Office ( )Division has reviewed the Historic Preservation Property Tax Exemption
ApplYca 'on for the above named property and hereby:
Certifies that the above referenced property qualifies as a historic property consistent with
the provisions of s. l 96.1997 (1 I ), F.S.
OCertifies that the above referenced properly does not cLualify as a historic nroperty consistent with
the provisions of s, 196.1997 (1 1), F.S.
O Certifies that the above referenced property aualifies far the special exemption provided under s.
19G.1998, F.S., for properties occupied by non-profit organizations or government agencies and
regularly open to the public.
OCertifies that the above referenced property does not qualify for the snecial exemption provided under s.
196. (998, F.S.
Review Comments:
Additional Reviow Comments attached? YesO NoO ~ ~~
Signature
'typed or/prilnted name _
Title ~~~~~~ /~ - l®71./ ,~~~-_
22
DOS Form No. HR3E101292
Revised 09/03/00
' ~ a ~ • ~ ~
PART 2 APPLICATION REVIEW
For Local Historic Preservation Officc or Division Use Only
Property Identification Number
Property Address
The (decal Preservation Office ( )Division has reviewed the Historic Preservation Property Tax Exemption
Application for the above named property and hereby:
(~9etermines that improvements to the above referenced property are consistent with the Secretary of
Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and the
criteria set forth in Chapter 1A-38, F.A.C.
()Determines that improvements to the above referenced property are not consistent with the Secretary
of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and the
criteria set forth in Chapter 1 A-38, F,A.C. All work not consistent with the referenced Standards,
Guidelines and criteria are identified in the Review Comments. Recommendations to assist the
applicant in bringing the proposed work into compliance with the referenced Standards, G:~idelines
and criteria are provided in the Review Comments.
Review Comments:
Additional Review Comments attached? Yes() No( )
Signature
Typed ors p~rfi~nted nam
Title /~1.~f~J2f-~`'L~~~~+~>~C~ ~~i((~~?Z
Date ~~3-/~'
23
Upon completion of the restoration, rehabilitation or renovation, return this form with photographs of the completed
work (views of site improvements, exterior 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 2 of
the application. Type or print clearly 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.
1. Property identification and location:
Property identification Number: ~2-~3 "~~' i6 ~ D/- D59 ^ D!f ~
Address of property: Street ~ Z ~ /'V St~~ A//}7-0~ ~rvE ,L
City !Je 12A~ ~ACN County /'A~m ~-( Zip Code ~~7~
2. Data on restoration, rehabilitation, or renovation project:
Project starting date m~9 Project completion date: f~U6- r~ o0 9
Estimated cost of entire project: $ /}fD~U~D
Estimated costs attributed solely to work on historic buildings or archaeological site: $ ~''lOt t)0'D
3. 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
knowledge, 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 Buildings, and is consistent with the work
described in Part 2 of the Application. 1 also attest that [ 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 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 being
requested, for the purpose of verification of information provided in the Application and this Request. [understand
that, if the requested exemption is granted, I will be required to enter into a Covenant with the local government
granting the exemption in which I must agree to maintain the character of the property and the qualifying
improvements for the term of the exemption. [ lso unde at falsification of factual representations in this
Application or Request is subject to criminal s n 'ons sue o the Laws of Florida.
l~eoc.,, T,^kuvt ~s ~ .~ ~~' ~y~lo
Name Si e ~ Date
Complete the following if signing for an organization or multiple owners (See next page for additional owners):
Ples~ ~Nt ~owN~,e ---- 15e_f~l~A ~~ .1nUeS'rm Enf-TS L,.l-C
Title Organization name
Mailing Address ~2~ r( SW~NTOrJ HJ~ '/
City ~e 12,g.,~ f}(+~( State Zip Code 3~~ `7'
Daytime Telephone Number (~~)~~ q - vi ~ ~ ~
24
DOS Form No. I-IR3E101242
Revised 09/03/00
DOS Porm No, I-iR3E101292
Revised 09/03/00
List Additional Owners:
Name
Street
City State
Name Zip Code
Street
City State
Name Zip Code
Street
City State Zip Code
If there are additional owners, provide the indicated information for each on a separate sheet of paper.
Property Identification Number
Property Address f~~ /~ ~~.-rJ~C~~~ v
The ( }Local Historic Preservation Office ( )Division has reviewed Part 3 (Request for Review of Completed
Work) of the Historic Preservation Property Tax Exemption Application for the above named property and hereby:
determines that the completed improvements fo the property are consistent with the Secretary of the
Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and other
criteria set forth in Chapter IA-38, F.A.C., and, therefore, recommends approval of the requested historic
preservation tax exemption.
()Determines that the completed improvements to the above referenced property are not consistent with the
Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings, and other criteria set forth in Chapter 1A-38, F,A.C., and, therefore, recommends denial
of the requested historic preservation tax exemption for the reasons stated in the Review Continents
below.
Review Comments:
25
DOS Form No. TTR3L101292
Revised 69/03/00
Additional 1Zeview Comments attached? YesO No( )
Signature ~~/ '-
Typed or pri/nted name
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HISTORIC PRESERVATION BOARD STAFF REPORT
Applicant: Isabella I. Investments, Inc.
Property Owner: Harold Ickovics, Great American Beauty
Project Location: 124 North Swinton Avenue, Old School Square Historic District
HPB Meeting Date: July 7, 2010 File: 2010-146-Tax
ITEM BEFORE THE BOARD
The action requested of the Board is to approve the final Tax Exemption application related to
alterations on a contributing property located at 124 North Swinton Avenue, Old School Square
Historic District, pursuant to Land Development Regulations (LDR) Section 4.5.1(M).
BACKGROUND/PROJECT DESCRIPTION
The subject property consists of the south 4.5' of Lot 11 and the north 70.5' of Lot 12, Block 59, Town
of Delray and is zoned OSSHAD (Old School Square Historic Arts District). A circa 1910 frame
vernacular style, two story structure remains on the property, along with a circa 1985 one-story
accessory structure located along the alley. In 1993, the property was converted from asingle-family
residence to retail use along with associated site improvements such as landscaping and parking.
Located on the west side of North Swinton Avenue, between NW 15' and NW 2"d Streets, the property is
classified as contributing within the Old School Square Historic District.
At its meeting of March 4, 2009, the Historic Preservation Board (HPB) approved COA 2009-114 for
alterations to the subject contributing structure consisting of the replacement of all of the wood
windows, and ins#allation of impact rated, white, aluminum windows. The replacement will eliminate the
need for additional hurricane protection on the building exterior. Many of the original windows were 1/1,
in addition to three (3) decorative, leaded glass original windows and a set of 4 original windows on the
north elevation with a decorative muntin configuration on the upper sash, and a single pane on the
lower sash. Single-pane windows were installed in front of the leaded glass windows which were
reinstalled on the interior as a means of retaining the historic aesthetics of these windows. The vinyl
siding was also removed and the original wood siding was restored.
In addition to the window replacement, the new property owner has completed significant restoration
improvements on the interior including all trim work, floors, railings, stairs, etc. These were not included
with the window application as the HPB does not review interior improvements unless the interior is
designated.
The applicant is now before the Board to request review of the Tax Exemption Application for the
improvements stated above, both on the interior and exterior of the principal structure. While not
included with the subject request, it should be noted that landscaping is not permitted as a legitimate
expenditure as it is not interpreted as a "site improvement" pursuant to the Florida Administrative Code
1 A-38.
Based on State regulations, an Ad Valorem Tax Exemption can be approved for a project before,
during, or after it has been undertaken. The applicant therefore requests consideration of the final ad
valorem tax exemption as the project is complete.
124 North Swinton Avenue; 2010-146-Tax
Final Tax Exemption Application
HPB Meeting July 7; Page Page 2 of 5
AD VALOREM TAX EXEMPTION
LDR Section 4.5.1(M), Tax Exemption for Historic Properties
Pursuant to LDR Section 4.5.1(M){1), Tax Exemption for Historic Properties, the City Commission
hereby creates a tax exemption for the restoration, renovation or rehabilitation of qualifying historic
properties designated. Qualifying properties shall be exempt from that portion of ad valorem taxation
levied by the City of Delray Beach on 100% of the increase in assessed value resulting from any
renovation, restoration or rehabilitation of the qualifying property made on or after the effective date of
this ordinance.
LDR Section 4.5.1(M)(2), clarifies that the exemption does not apply to the following:
(a) Taxes levied for payment of bonds;
(b) Taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 72, Article 7 of the
Florida Constitution; or
(c) Personal property.
LDR Section 4.5.1(M)(3), explains the duration of the exemption:
(a) The exemption period shall be for ten (70) years, beginning January 9st following the year in
which final approval is given by the City Commission and the Palm Beach County Property
Appraiser has been instructed to provide such exemption. However, the City Commission shall
have the discretion to set a lesser term.
(b) The term of the exemption shall be specified in the resolution approving the exemption and shall
continue regardless of any changes in the authority of the City to grant such exemption or
change in ownership of the property. To retain an exemption, the historic character of the
property and the improvements which qualified the property for an exemption must be
maintained in their historic state over the period for which the exemption was granted.
LDR Section 4.5.1(M)(5)(a-b), provides the parameters for qualifying properties and improvements.
The subject property qualifies as it is considered contributing within the Del-Ida Park Historic District.
The following, (5)(b), identifies qualifying improvements:
(b) For an improvement to a historic property to qualify the property for an exemption, the
improvement must.'
(i) be consistent with the United States Secretary of the Interior's Standards for Rehabilitation, as
amended;
(ii) be determined an improvement by the Historic Preservation Board as established in rules
adopted by the Department of State, Division of Historical Resources, FAC 1A-38, as
amended which defines a real property improvement as changes in the condition of real
property brought about by the expenditure of labor and money for the restoration, renovation,
or rehabilitation of such property. Improvements shall include, but are not limited to:
modifications, repairs, or additions to the principal contributing building and its associated
accessory structures (i. e. a garage, cabana, guest cottage, storage/utility structures,
swimming pools), whether existing or new, as long as the new construction is compatible with
the historic character of fhe building and site in terms of size, scale, massing, design, and
materials, and preserves the historic relationship between a building or buildings, landscape
features, and open space. The exemption does not apply to improvements made to non-
contributing principal buildings or their non-contributing accessory structures.
(iii) be consistent with Section 4.5.1(E), "Development Standards", of the City's Land
Development Regulations; and
(iv) include, as parf of the overall project, visible improvements to the exterior of the structure.
STAFF COMMENT:
The project meets criteria (r} and (ii) throu h previous approval by the Board of the associated
124 North Swinton Avenue; 2010-146-Tax
Final Tax Exemption Application
HPB Meeting July 7; Page Page 3 of 5
improvements outlined above which constituted its compliance with the Secretary of the Interior's
Standards for Rehabilitation, as well as the rules of Florida Administrative Code 1A-38,
promulgated by the Florida Department of State, Division of Historical Resources. The
development project meets criterion (iii) per the COA approval which applied the LDR Development
Standards in the assessment of the proposal. Finally, the project meets criterion (iv) as the project
encompasses visible improvements to the exterior of the building and related property.
LDR Section 4.5.1{M}(7), Application for Exemption, provides that Part ?, Construction Application,
may be submitted before, during, or after qualifying improvements are initiated, and Part 2, the Final
Application/Request for Review of Completed Work, shall be submitted upon completion of the
qualifying improvements.
STAFF COMMENT:
The qualifying improvements were completed prior to submittal of Part 2 as the Certificate of
Occupancy (Final Inspection) has been issued.
LDR Section 4.5.1(M)(8)(a), Part 1, Construction Application, requires that the submitted application
contain information concerning the estimated cost of the qualifying improvement and be accompanied
by a copy of the most recent tax bill from the Palm Beach County Property Appraiser for the property.
STAFF COMMENT:
The submitted estimated cost of the qualifying improvements has been calculated at $140,D00.
The most recent tax bill has been submitted which notes the 2009 value at $483,884. The value
increase resulting from the improvements will be determined by the Property Appraisers office.
LDR Section 4.5.1(M)(9), Review of Construction Application by the Historic Preservation Board,
requires that the Historic Preservation Board review the Construction Application within 60 days of the
Historic Preservation Planner's determination of eligibility, and; that if Part / of the Construction
Application is submitted after the project has been completed, the application must be submitted within
78 months from the date of issuance of a CO. Further, if the HPB determines that the work as proposed
is a qualifying improvement and is in compliance with the review standards contained in Section
4.5.1 {E), the Construction Application and, if applicable, the COA shall be approved by the HPB.
However, if the HPB determines that the work as proposed is not a qualifying improvement or is not in
compliance with the review standards contained in Section 4.5.1(E), corrective measures shall be
prescribed by the Board.
STAFF COMMENT:
As previously noted, the property received a Certificate of Occupancy on August 26, 2009 which
was within eighteen (18) months of the application submittal date. Therefore, the project is eligible
for review and, if the Board deems the request to be in compliance, it is recommended that the
application be approved.
LDR Section 4.5.1(M)(10}(a-c), Part 2, Final Application/Request for Review of Completed Work,
provides criteria for review of the final application:
(a) If the Historic Preservation Board determines that the work is a qualifying improvement and is
in compliance with the review standards contained in Section 4.5.1(E), the Board shall approve
the Final Application/Request for Review of Completed Work and the Historic Preservation
Planner shall issue a written order to the applicant.
(b) The Final Application/Request for Review of Completed Work shall be accompanied by
documentation of the total expenditures of the qualifying improvements. Appropriate
documentation may include, but is not limited to, paid contractor's bills, AIA Forms 702-704,
canceled checks, copies of invoices, and an approved building permit application listing the
cost of work to be performed. Upon the receipt of a Final Application/Request for Review of
124 Nor;h Swinton Avenue; 2010-146-Tax
Final Tax Exemption Application
HPB Meeting July 7; Page Page 4 of 5
Completed Work and all required supporting documentations, the Historic Preservation Board
shall conduct a review at a regularly scheduled public meeting to determine whether or not the
completed improvements are in compliance with the work described in the Construction
Application, approved amendments, if any, and Section 4.5.9(E). After the above mentioned
review, fhe Historic Preservation Board shall recommend That the City Commission grant or
deny fhe exemption.
(c) If fhe Historic Preservation Board determines that the work as completed is either not a
qualifying improvement or is not in compliance with fhe review standards contained in Section
4.5.1(E), the applicant shall be advised that the Final Application has been denied. The Historic
Preservation Planner shall provide a written summary of fhe reasons for fhe determination fo
fhe applicant.
STAFF COMMENT:
The "Final Application/Request for Review of Completed Work," Part 2, has been submitted as the
work is complete. The City's Community Improvement Department has confirmed that a Certificate
of Occupancy (CO} was issued for the property on August 26, 2009.
LDR Section 4.5.1{M}(12}, Approval by the City Commission, notes that the approved Final
Application/Request for Review of Completed Work by the Historic Preservation Board shall be placed
by resolution on the agenda of the City Commission for approval. The resolution of the City
Commission approving the Final Application shall provide the name of the owner of the property, the
property address and legal description, a recorded restrictive covenant as provided in Section
4.5.9 (M)(93) in the official records of Palm Beach County as a condition of receiving the exemption, and
the effective dates of fhe exemption, including the expiration date.
STAFF COMMENT:
Should the HPB make a recommendation to approve the subject request, the item will be placed
on the July 20, 2010 City Commission agenda for approval and subsequently forwarded to the
Palm Beach County Property Appraiser's Office and the Planning and Zoning Department for
recordation.
LDR Section 4.5.1(M)(13), Historic Preservation Exemption Covenant, explains the covenant required
in order to qualify for the exemption:
(a) To qualify for an exemption, the applicant must sign and return the Historic Preservation
Exemption Covenant with the Final Application/Request for Review of Completed Work. The
covenant as established by the Department of State, Division of Historical Resources, shall be
in a form approved by the City of Delray Beach City Attorney`s Office and applicable for the
term for which the exemption is granted and shall require the character of the property and
qualifying improvements to be maintained during the period that the exemption is granted.
(b) On or before fhe effective date of the exemption, the owner of the property shall have the
covenant recorded in the official records of Palm Beach County, Florida, and shall cause a
certified copy of fhe recorded covenant to be delivered to the City`s Historic Preservation
Planner. Such covenant shall be binding on the current property owner, transferees, and their
heirs, assigns and successors. A violation of the covenant shall result in the property owner
being subject to the payment of the differences between the total amount of the taxes which
would have been due in March of each of the previous years in which the covenant or
agreement 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 Sec.
292.12(3), Florida Statutes.
LDR Section 4.5.1(M)(16}(a-d), Revocation Proceedings, provides guidelines to revocation of the tax
exemption upon violation of the recorded covenant.
124 North Swinton Avenue; 2010-146-Tax
Final Tax Exemption Application
HP8 Meeting July 7; Page Page 5 of 5
(a) The Historic Preservation Board may initiate proceedings to revoke the ad valorem tax
exemption provided herein, in the event the applicant, or subsequent owner or successors in
interest to the property, fails fo maintain the property according to the terms, conditions and
standards of the Historic Preservation Exemption Covenant.
(b) The Historic Preservation Planner shall provide notice to the current owner of record of the
property and the Historic Preservation Board shall hold a revocation hearing in the same
manner as in Section 4.5.1(M)(10), and make a recommendation to the City Commission.
(c) The City Commission shall review the recommendation of the Historic Preservation Board and
make a determination as to whether the fax exemption shall be revoked. Should the City
Commission determine that the tax exemption shall be revoked, a written resolution revoking
the exemption and notice of penalfies as provided in Paragraph 8 of the covenant shall be
provided to the owner, the Palm Beach County Property Appraiser, and filed in the official
records of Palm Beach County.
(d) Upon receipt of the resolution revoking the tax exemption, the Palm Beach County Property
Appraiser shall discontinue the tax exemption on the property as of January 9st of the year
following receipt of the notice of revocation.
The Sections noted above regarding the "Restrictive Covenant" and "Revocation Proceedings" are
provided to demonstrate that the tax exemption is binding, and if violated, the property owner would
have to comply with the consequences.
ANALYSIS
The tax exemption request complies with the criteria contained in LDR Section 4.5.1(M} as the Board
approved the associated improvements by making positive findings with respect to the applicable LDR
Sections, Delray Beach Historic Preservation Design Guidelines, and Secretary of the Interior's
Standards for Rehabilitation. Therefore, positive findings can be made with respect to LDR Section
4.5,1(M).
ALTERNATIVE ACTIONS
A. Continue with direction.
6. Recommend approval to the City Commission of the complete Ad Valorem Tax Exemption
Application (2010-146} regarding file 2009-114 for improvements to the property at 124 North
Swinton Avenue, Old School Square Historic District, based upon positive findings with respect
to LDR Section 4.5.1(M}.
C. Recommend denial to the City Commission of the complete Ad Valorem Tax Exemption Application
(2010-146) regarding file 2009-114 for improvements to the property at 124 North Swinton
Avenue, Old School Square Historic District, based upon a failure to make positive findings with
respect to LDR Section 4.5.1(M). (Motion to be phrased in the affirmative. See above.)
RECOMMENDATION
Recommend approval to the City Commission of the complete Ad Valorem Tax Exemption Application
(2010-146) regarding file 2009-114 for improvements to the property at 124 North Swinton Avenue,
Old School Square Historic District, based upon positive findings with respect to LDR Section
4.5.1(M).
Report Prepared by: Amy E. Alvarez, Historic Preservation Planner
Attachments:
• Photographs of Before and After
DOS Form No. HR3E111292
HISTORIC PRESERVATION PROPERTY TAX EXEMPTION COVENANT
This Covenant is made the 7th day of September, 2010, by Isabella I Investments, LLC,
(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 124 North Swinton Avenue, 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 12-43-46-16-01-059-0111, South
4.5 feet of Lot 11 & North 70.5 feet of Lot 12, Block 59, Town of Delray, Delray Beach, Florida,
according to the Plat thereof on file in the Office of the Clerk of the Circuit Courtin and for
Palm Beach County, Florida, recorded in Plat Book 1, page 3.
Inconsideration 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
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:
~I ~(~ ~~ ~-c ~u~ ~ c s _ lip - ~ ~- ~~
ame ure a~-
ame
STATE OF Florida }
COUNTY OF Palm Beach }
ignature atL~e
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The foregoing instrument was acknowledged before me this a~J~ ~ day of ~~(J~'f , ~~
by 1~~o t,,~ s ~ 1/-o v ~ ~ S' ,who have produced
as identificatior~~(~~ft"kile~y}~C personal knowledge existed).
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~~~~i~~pUBCIC, STA~~~~~~```~
LOCAL GOVERNMENT: City of Delr~
Name of Authorized Local Official
C
Notary Signature
C~az~.~ ~. ~(Ylr~ 11~ m~
Printed name
Date
Page 3