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Res 47-10RESOLUTION NO. 47 -10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO 200 MARINE WAY, LLP FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 702 SE 2ND STREET (FKA 200 MARINE WAY), AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5.1(Ivi)(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 Completed Work Application for review by the Historic Preservation Board on August 18, 2010, of an ad valorem tax exemption for the historic restoration, renovation, and improvement of the property located at 702 SE 2"d Street (200 Marine Way), 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 200 Marine Way, LLP for the restoration, renovation, and improvement to the property located at 702 SE 2°d Street (fka 200 Marine Way). 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 702 SE 2nd Street (fka 200 Marine Way), 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, 200 Marine Way, LLP, 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 702 SE 2nd Street (fka 200 Marine Way), which property is legally described as follows and which improvements are described in HPB Certificate of Appropriateness No. 2008 -219: Marine Way, Lot 1, Delray Beach, Florida Section 3. Prior to the ad valorem tax exemption described herein being effective, 200 Marine Way, LLP, 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 7th day of September, 2010. ATTEST: City Clerk MAYO Res No. 47 -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 9.B. -REGULAR COMMISSION MEETING OF SEPTEMBER 7, 2010 RESOLUTION 47 -10 (TAX EXEMPTION FOR ELIGIBLE IMPROVEMENTS /702 S.E. 2ND STREET ITEM BEFORE COMMISSION The item before the City Commission is approval of the tax exemption request for improvements to the property located at 702 SE 2nd Street, Marina Historic District. BACKGROUND A 4,167 square foot, two -story, circa 1948 structure is located on the property, and is classified as contributing in the Marina Historic District. At its meeting of September 17, 2008, the Historic Preservation Board (HPB) approved COA 2008 -219 for the following: • Relocation of the subject structure closer to SE 2"d Street; • Demolition of an original one -story portion located at the rear; • One and two -story additions including a two -car garage; • Removal of existing swimming pool and installation of new swimming pool in revised location; and, additional site improvements and landscaping. The square footage of the structure with construction of the aforementioned improvements increased to 4,572. A side street setback variance associated with the bay window on the front elevation was granted by the HPB at its meeting of November 5, 2008. Additionally, the subject structure was originally located on a larger lot which was subdivided into two properties via approval of the Marine Way Plat. The subject property is located along SE 2nd Street while Lot 2, which contains a new single family residence, is located to the south of Lot 1 and takes access from SE 2nd Street. ANALYSIS The improvements, both interior and exterior, are complete, and a Certificate of Occupancy (CO) was http: / /miweb001 / Agendas /Bluesheet.aspx ?ItemID= 3724 &MeetinglD =269 9/8/2010 Page 2 of 2 issued on June 3, 2010. The applicant is now applying for tax exemption status for those improvements. The HPB considered the tax exemption request at their August 18, 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 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.l(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 June 3, 2010. As mandated by LDR Section 4.5.1(M)(10), the Historic Preservation Board reviewed the Final Application at its meeting of August 18, 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 $1,300,000. 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 702 SE 2nd Street (fka 200 Marine Way), 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: / /mlweb001 /Agendas /Bluesheet.aspx ?ItemID= 3724 &MeetinglD =269 9/8/2010 RESOLUTION NO. 47-10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO 200 MARINE WAY, LLP FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 702 SE 2ND STREET (FKA 200 MARINE WAY), 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, econonrric, 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 Preconstnxtion Application and Completed Work Application for review by the Historic Preservation Board on August 18, 2010, of an ad valorem tax exemption for the historic restoration, renovation, and improvement of the property located at 702 SE 2nd Street (200 Marine Way), and the Historic Preservation Board determined that the completed improvements were consistent with LDR Section 4.5.1(Ni)(5) and recomunended approval to grant an ad valorem City tax exemption to 200 Marine Way, LLP for the restoration, renovation, and improvement to the property located at 702 SE 2m Street (fka 200 Marine Way). 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 702 SE 2nd Street (fka 200 Marine Way), as described in the application for ad valorem tax exemption filed with the City, were consistent with LDR Section 4.51M(5). Section 2. The City Commission hereby approves an ad valorem tax exemption to the property owner, 200 Marine Way, LLP, 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 702 SE 2nd Street (fka 200 Marine Way), which property is legally described as follows and which improvements are described in HPB Certificate of Appropriateness No. 2008 -219: Marine Way, Lot 1, Delray Beach, Florida Section 3. Prior to the ad valorem tax exemption described herein being effective, 200 Marine Way, LLP, 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 dayof , 2010. ATTEST: City Clerk MAYOR Res No. 47 -10 Z km W 4 z —j z 0 Lu CC > 0 1511 1 EL o in L 6 d wJLI < U) Z 3 3 ~ E . , 4 la W s g <�W$Ws J ae.�a:nw�+m onu �xuoaz��ao so-rcwn�,a o wiw.was na..;an aru :ro�ur+:Navnoo sip. eo aan ra._o eio +nuo�aw�.� wesassod .he or+v nasaa 3eo si.Kiu „v sa�u�a.i�ary so,ro.o�,a ..asdoy. s.0 s� _..3 :�oa c�: i i i I yy� RIB r r $I�5� Z O Q W J W S F O Z 0 Z F N W i i i i i i i i III L�I III�uJJIII tl. 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Lu LUIZI a3.lGliro'AVd Vi'7+i �11�31i�v GOInOdOil3 MJ 6GR.a3a N31.iM'� 3Fi 1FOF.xf iMi1JbOG a�ni i3GN a1iF10 aq N'JI17IiCOad3tl'N�'.663660.+ aN9 QNV Gana Ga 6. © llv 3W1�311H3ly yJlrU.O'l3 A ir�3.OW 3Fa a. i �O4 Gin: �'IIIIIII IIIIIII �IIII IIIIIIIII I, O I'� I�p�NNNpt� � o N•" 1 IIIIFnTNTI01MIi�llll VI o I 15NIII1- I I IIIIIIINIII 1111 °5 N €i z� ! e �$•, �pa ��� i� io j j � e e T e �dy�d !a 3e a I C Y� 94E firZS 8 ! -EMU �9 nFaoo© ®a ■I 6 �` �• � Fa`; � � ��o� � e A e P z ee r MI LI O Ft m dx 1111:: MIN H t���� �� � s °° li © a s ® ©aid s ei n nImmm 6e� rn e z�� s ei n nImmm 6e� DOS Form No. HR3E101292 Revised 09/03/00 Read 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. 1. Property identification and location: C��-+ /U Property Identification Number (from tax records): 66 Attach legal description of property Address of property: Street %C��Z i�� 0 7 %� -� "r'� 7' City_ County Zip Code () Individual] National Register listed () Locally designated historic property or landmark* (} Ina National Register district In a locally designated district * For 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 'o rs 111<r t< �/ :f c 7"F cr ?` 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 Mailing Address City Telephone Number () State Zip Code 2. Type of request: (s- 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) If applying under s. 196.1998, F.S., complete Question 9 on page five. 3. Owner information: Name of individual or organization owning the property — Mailing address / �' /i,,i �iL v e.c/ i city �XZ '1_ State Zip code Daytime Telephone Number l� Z06 If the property is in multiple ownership, attach a list of all owners with their mailing addresses. DOS Form No. HR3E101292 Revised 09/03/00 Property Identification Number Property Address '�'U 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 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 improvement r the tercp of he exemption. Name Sign re Date" Complete the following if signing for an organization or multiple owners: Title Organization name �yL'/,YYA�1�4�i"?•�F h�^t'l�l.���'+i.�:.���sm = .Z,Yi� �. �- -C. iris '1u�.:�•'.'11r4:�.L�.�— `ir?3-� s�x.�'t.- 1.9,"�r'�t (To be completed only for properties in historic or archaeological districts): 5. Description of Physical Appearance: ✓3 Date of Construction Date(s) of Alteration(s) Has building been moved? ( )Yes ( )No If so, when? 6. Statement of Significance: DOS Form No. HR3E101292 Revised 09/03/00 / . Property Identification Number �o2 L<- 0- eC �"c /����o 7 Property AddressG 7. Photographs and maps: Attach photographs and maps to application. DOS Form No. HRM01292 Revised 09/03/00 Property Identification Number /1�� Property Address��'i� gg - �- ffi -c a __ •�• -sx- Vii"" - s „•r - `Y^i&u*x+� t` .''� "":Rig' -1:^,L. .� MEMO 1. Use(s) before improvement: J /� 2. Proposed use(s) after improvement: NOTE. Applicants should check with local officials to determine whether or not the exemption program offered by their municipal government and/or 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 feet( ) 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 only by appointment? ( )Yes ( )No DOS Form No. HRM 01292 Revised 09/03/00 F-1111 1110 10.3 .. PART 1 APPLICATION REVIEW For Local Historic Preservation Office or Division Use Only Property Identification Number Property Address_ 19 56 ZqY: The &local Preservation Office ( )Division has reviewed the Historic Preservation Property Tax Exemption Application for the above named property and hereby: Certifies that the above referenced property qualifies as a historic property consistent with the provisions of s. 196.1997 (11), F.S. () Certifies that the above referenced property does not qualify as a historic property consistent with the provisions of s. 196.1997 (11), F.S. (} Certifies that the above referenced property qualifies for the special exemption provided under s. 196.1998, F.S., for properties occupied by non - profit organizations or government agencies and regularly open to the public. O Certifies that the above referenced property does not qualify for the special exemption provided under s. 196.1998, F.S. Review Comments: Additional Review Comments attached? Yes( ) Novi � Signature Typed or printed name Title�G�' Date �� DOS Form . 1 1292 Revised 09/03/00 Page Nine — Historic Preservation Property Tax Exemption Application PART 2 APPLICATION REVIEW For Local Historic Preservation Office or Division Use Only Property Identification Number Property Address The Local Preservation Office ( )Division has reviewed the Historic Preservation Property Tax Exemption App icahon for the above named property and hereby: Determines 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. O 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 1A -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, Guidelines and criteria are provided in the Review Comments. Review Comments: Additional Review Comments attached? Yegp�-No( ) Signature _ Typed or printed name 4q r— At—VA4M Title Ljwj L� 4' G- Date bq-. d '/o - DOS Form No. HR3E101292 Revised 09/03/00 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: /J ' '(, • - Y40-0 <<' Address of property: Street �4 .2 �' a% z. 5 e City County Zip Code 2. Data on restoration, rehabilitation, or renovation project: r Project starting date (���r.4 Project completion date: Estimated cost of entire project: $ evz Estimated costs attributed solely to work on historic buildings or archaeological site: $ � ✓ , � r 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. 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 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. I 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. I also understand that falsification of factual representations in this App on or Request is subject to criminal sanctio usuantjthe L ws of Florida. C Name Signatur DatZ Complete t e follloowinng if signing for an organization or multiple owners (See next page for additional owners): VT �.�v Q rte✓ ,(� 'f� i� p� C�Z' /� e - G l Title Organization name Mailing Address city yfj�� 2::`r State�f =� Zip Code T�� Y:-Z Daytime Telephone Number..a�fJ �y�� DOS Form No. RR3E101292 Revised 09/03100 'Pagc Eleven — Request for Review of Completed Work List Additional Owners: Name Street City State Zip Code Name Street city_ Name Street City_ State State Zip Code Zip Code If there are additional owners, provide the indicated information for each on a separate sheet of paper. Property Identification Number Property Address �� �r ? f� 2--al 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: of '-Dttarmines that the completed improvements to 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 1A -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 Comments below. Review Comments: DOS Form No. HR3E101292 Revised 09/03/00 Pagrc Twelve — Request- for Review of Completed Work Additional Review Comments attached? Yes( ) No( ) 2 :�;7 Signature Typed or printed n Title Date e-9 U S ' AD Fly «« ƒ� �2 � \ ; oi���� }\ ,, �A� ng � {\ ?: ��2 sr l uR» rn'g II77� uf9� 'yQ ` ` � , tam •z a Z� qe sr l uR» rn'g II77� sr l �� - � � � E � �� �� ( «, �� 3 � § \\ � \ . .. � �� \ : \� � § `� /\ ^� \�� \ : . � � : � . ... +d ©� » « -... « w� ::�/2»� I \�\ � \�� \� � � : } � \ \ \ \� \ \< �^ � ®/ 2. i 1 w >g! { � �3 R. .� +j t h .. 3, �°�_ #' _, -. } � z ¥ Z / ± /»� \ v { y\ © rt jn t Aox'd k A RI S 3 ➢y rt jn % r � t Aox'd k S 3 ➢y % r � Aox'd k ��\^ A 0 �. r• 4 R a u 7 m Y 4 l,- 1, I't roz � s 9 aH � I F � , �, ,fir ,.� �. d •` IN . y §\ /� � � �:: k. �; �[� a J .. .. _'� may. ,�� �_ � � �,.,�5 �t°�. � � � M� � i �� 7 �� � t» A, � 4 ;>: J .. .. _'� may. I : ..: . _ :: � : . .:: .� ..� < «:z.: � d ©� �� \� � .y ��y ° . � �� � : � < \ \.)�: \ . . ..: . ., . .... �� �� , :. ^ \ \ \ \` � « . :� . .e\ ����� c ..� . , y� � � , . . . . , � � e� � , ..: . . . � : , : .� \ ��:�: «.. . .�..:: »» » :, .\ � w. �, « �. �» \ »:��� d °<,} 0 � \m« HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Property Owner: Craig Robelen Project Location: 702 SE 2nd Street, Marina Historic District HPB Meeting Date: August 18, 2010 COA: 2010 -190 ITEM BEFORE THE BOARD The action requested of the Board is to approve the final Tax Exemption application related to additions and alterations on a contributing property located at 702 SE 2nd Street, Marina Historic District, pursuant to Land Development Regulations (LDR) Section 4.5.1(M). BACKGROUND /PROJECT DESCRIPTION The subject property consists of Marine Way, Lot 1 within the Marina Historic District and is zoned Single Family Residential (R- 1 -AA). A two - story, circa 1948 contributing structure is located on the property. At its meeting of September 17, 2008, the Historic Preservation Board (HPB) approved COA 2008 -219 for the following: • Relocation of the subject structure closer to SE 2�d Street; • Demolition of an original one -story portion located at the rear; • One and two -story additions including a two -car garage; • Removal of existing swimming pool and installation of new swimming pool in revised location; and, additional site improvements and landscaping. The square footage of the structure with construction of the aforementioned improvements increased from 4,167 to 4,572. A variance associated with the bay window on the front elevation was granted by the HPB at its meeting of November 5, 2008. Additionally, the subject structure was originally located on a larger lot which was subdivided into two properties via the approval of the Marine Way Plat. The subject property is located along SE 2M Street while Lot 2, which contains a new single family residence, is interior to Lot 1 and only takes access off of SE 2nd Street. The applicant is now before the Board to request review of the Tax Exemption Application for the improvements stated above. In addition to the components associated with the approved addition, all interior improvements are also eligible for the exemption. Landscaping associated with this project is not permitted as a legitimate expenditure as it is not interpreted as a "site improvement," pursuant to the Florida Administrative Code 1A -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. 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 702 SE 2nd Street; Final Tax Exemption Application 2010 -190 HPB Meeting August 18, 2010; Page Page 2 of 5 properties designated. Qualifying properties shall be exempt from that portion of ad valorem taxation levied by the City of Delray Beach on 900% 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 92, 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 (90) 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 9A -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 the 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 4.5.9(E), "Development Standards'; of the City's Land Development Regulations; and (iv) include, as part of the overall project, visible improvements to the exterior of the structure. STAFF COMMENT: The project meets criteria (i) and (ii) through previous approval by the Board of the associated 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._ 702 SE 2nd Street; Final Tax Exemption Application 2010 -190 HPB Meeting August 18, 2010; Page Page 3 of 5 LDR Section 4.5.1(M)(7), Application for Exemption, provides that Part 1, 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 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 $1,300,000. A tax bill is not available for the subject property as it was recently created. The historic exemption value resulting from the improvements will be determined by the Property Appraiser's 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 l of the Construction Application is submitted after the project has been completed, the application must be submitted within 18 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 May 10, 2010 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 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 4.5.1(E). After the above mentioned review, the Historic Preservation Board shall recommend that the City Commission grant or deny the exemption. (c) If the Historic Preservation Board determines that the work as completed is either not a qualifying improvement or is not in compliance with the review standards contained in Section 702 SE 2nd Street; Final Tax Exemption Application 2010 -190 HPB Meeting August 18, 2010; Page Page 4 of 5 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 the reasons for the determination to the 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 May 10 2010. 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 4.5.1(M)(13) in the official records of Palm Beach County as a condition of receiving the exemption, and the effective dates of the 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 September 7, 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 the 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 the 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. 212.12(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. (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 to 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 tax exemption shall be revoked. Should the City Commission determine that the tax exemption shall be revoked, a written resolution revoking 702 SE 2nd Street; Final Tax Exemption Application 2010 -190 HPB Meeting August 18, 2010; Page Page 5 of 5 the exemption and notice of penalties 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 1st 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. B. Recommend approval to the City Commission of the complete Ad Valorem Tax Exemption Application regarding file 2008 -219 for improvements to the property at 702 SE 2nd Street, Marina 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 regarding file 2008 -219 for improvements to the property at 702 SE 2nd Street, Marina 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 regarding file 2008 -219 for improvements to the property at 702 SE 2nd Street (fka 200 Marine Way), Marina 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 l ROBELEN & ASSOCIATES LUXURY HOME BUILDING & DESIGN 3518 Pinehaven Circle, Boca Raton, 33431 Crobelen @AOL.com FAX 561 -470 -5183 CELL 561- 350 -8983 Office 561- 482 -9999 INSPECTION REPORT 200 MARINA WAY DELRAY BEACH, FL JANUARY 24, 2008 ROBELEN & ASSOCIATES, INC. BUILDING AND DESIGN 3518 Pinehaven Circle Boca Raton, Florida, 33431 561- 482- 9999 (0), 561- 470 -5183 (F) Property Inspection Report 200 Marina Way, Delray Beach, Fl January 24, 2008 The following is a summary of the visually apparent construction deficiencies at the above referenced property. This is a single family home presently being used as three apartments. Exterior Entry and Pool Area: Pool area walls falling down Perimeter fencing has fallen down. This pool is unprotected and a danger to area children. Perimeter walls still standing are failing, large cracks, masonry falling off. Pool leaking Pool equipment runs across deck Pool decking cracked and broken Pool area gates broken and under height Gazebo Spa and Exterior Deck: Wooden decking missing railings Decking rotted with holes in deck. Equipment access doors falling off Exposed roof rafter buckets rusted. Roof drip edge rusted and deteriorating. Roof shingles deteriorated and missing Illegal stairs. Railings missing for width of steps Foundation not properly anchored. Dock collapsed. Very dangerous. Conclusion: Deck and pool area needs to be totally replaced. Exterior and Roof: Extensive failure of the original roof tile which has been coated numerous times Page 2 with a waterproofing coating. Fungus and mold growing under roof tiles. Large areas of roof covered with louse tar paper as a temporary water shield. Rood drip edge corroded and falling from roof. All fascia board rotted. Gutter systems falling off rotted fascia board. Plant material growing into and under the roof structure. Sagging roof surface indicating failure of original roof trusses. Rotted roof sheathing with holes from rot. Soffits rotted away and temporary plywood installed in their place. Large holes throughout soffits allowing rodent intrusion into roof structure. Roof soffits vents rusted away and missing. Major rodent access to house. Conclusion: Entire roof would need to be replaced including new roof sheathing, fascia, soffits and very probably roof trusses. This will require gutting the interior as removal of the roof will open the house to the weather and destroy the interior. House Structural: Major rot of structural wood columns in rear. Cracks in the foundation slab in the rear and front. Root systems of large trees against the house have undermined the foundation. Vertical cracks in main beam across back of the house. Rotted wood 4x4 columns Holes in exterior walls Cracks throughout exterior masonry walls and masonry chimney. Stucco deteriorating throughout house exterior Exterior paint has totally failed allowing water and moisture intrusion to walls Temporary plywood, unpainted applied to various walls. Awning system in rear bent, only partially attached to house, dangerous Overhead garage doors at breezeway damaged and inoperable, dangerous Metal support posts at breezeway rusted and near failure. Old hurricane roll down shutters damages, inoperable, dangerous Exterior doors rotted, mold covered, marginally operable Conclusion: The house would have to be stripped down to the block, re- stuccoed, all exterior plywood sheathing removed and replaced, exterior exposed wood supports removed and replaced, rear beam at porch need to be replaced. This would require a rebuilding of the house. "There is no retention value to the existing structure. Interior: Electrical: Electrical system is original and needs to be totally replaced. The service is original and undersized for the occupancy of the house. There is inadequate emergency egress from the existing apartments. Numerous exposed electrical outlets. Page 3 Duct tape covers some outlets. Broken electrical piping Electrical piping unattached to structure and hanging dangerously Rusted out exterior electrical fixtures Old electric wall heaters in bathroom not to code. Wall outlets painted over and clogged with paint No operable smoke detectors Old smoke detectors painted over Wires tacked to wallboard. All wiring, outlets and switches need to be replaced. A completely new electrical system is required. Drywall and Plumbing: Large number or ceiling leaks Ceilings failing in numerous places. Temporary patch jobs to hold ceilings up Living room ceiling showing water stains from leaking plumbing. Ceiling may fail. Window leaks throughout Mold and leaks in baths. Conclusion: 75% of all interior walls and •ceilings need to be replaced. Summary: The overall structure is in such terrible condition that any attempt to refurbish the house would require the roof to be removed including the roof trusses, roof sheathing, perimeter fascia and soffits. All interior drywall and insulation would have to be replaced along with the electrical system and plumbing system. The exterior would have to be stripped to the raw block, all new windows and doors are required and major reconstruction to the foundation and structural supports on the east side of the house. This work is essentially a complete demolition with little to no value to any remaining structure. Sincerer' i Craig elen President General Contractor License # CGCA017742 r �ry K 77 � pp gggggggg !i4 W 9 4 .. 'Z t gig � b �1 R MIR15�;giq lit M M n PN a I i I R a I�d 1WOE a a G b' "!t!'- W� j 41 r, M1 ii 4 '" j C4 :. .. I r �ry K 77 � pp gggggggg !i4 W 9 4 .. 'Z t gig � b �1 R MIR15�;giq lit M M n PN a I i I R a I�d 1WOE a a G b' f`11 I 1 • -�_ __ + AVM Uhl YM r T/1SV0.7VM1 N1 a LOZ )AoNrfwjv Od�.f All Aft b DOS Form No. HR3E111292 HISTORIC PRESERVATION PROPERTY TAX EXEMPTION COVENANT This Covenant is made the 7t" day of September, 2010, by 200 Marine Way, LLP, (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 2nd 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 -L9- 000 -0010, Lot 1, Marine Way, 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 112, page 124. 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 1 St Avenue Delray Beach, Florida 561.243.7284 WIS QJ- IU 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 cr_'er 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 don gaged 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 bccn 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 !ocal 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. Pa0c 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 shnll 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 restorntion 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 Fhall take action pursuant to s.196.1997 (7), F.S. The Owner shall be required to pay the differ nce 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 I enforceable in specific performance by a court of competent jurisdiction. OWNER: ame STATE OF Florida COUNTY OF Palm E } ignature ate The foregoing instru ; ' u• !as acknowledged before me this /8 a day of ocro,Si-:A Bolo by CR-R iG, R013Z/ £N who have produced as identification (if le IL :;,,;rk personal knowledge existed). LOCAL GOVERNME amity of Delray Name of Authorized, ' 7fficial Notary Signatu Printed name Page 3 Date