Res No. 99-18 RESOLUTION NO. 99-18
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR THE CITY'S
REVOCATION OF THE HISTORIC PRESERVATION PROPERTY
AD VALOREM TAX EXEMPTION FOR REAL PROPERTY
LOCATED AT 212 SEABREEZE AVENUE IN THE CITY OF
DELRAY BEACH, FLORIDA; PROVIDING FOR CONFORMANCE
WITH REVOCATION PROCEDURES SET FORTH BY THE CITY'S
LAND DEVELOPMENT REGULATIONS AT SUB-PARAGRAPH
4.5.1.T(10) ALONG WITH SUB-SECTION 196.1997(7), FLORIDA
STATUTES;FURTHER PROVIDING FOR NOTICE OF FINANCIAL
PENALITES DUE UNDER BOTH THE STATE LAW AND THE
RECORDED TAX EXEMPTION COVENANT AS A RESULT OF THE
REVOCATION OF THE TAX EXEMPTION PRIOR TO ITS
NORMAL EXPIRATION DATE AS STATED IN THE HISTORIC
PRESERVATION COVENANT; PROVIDING DIRECTION TO THE
CLERK; PROVIDNG FOR EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the City of Delray Beach, Florida,has received a request by the current owner of-teal
located at 212 Seabreeze Ave. to remove portions of the structures at this site which would result
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in a revocation of the CC tYax Exemption P
Historic Preservation Property TEtion Covenant"
recorded at ORB 24208
Pages 718-721 on November 22, 2010 (the "Covenant");and
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WHEREAS, Sub-paragraph 4.5.10)(10) of the City's Land Development Regulations (LDR s)
provides the process and the authority for the Historic Preservation Board (the "Board") to recommend to
the Ci Commission that the historic reservation ad valorem tax exemption be revoked; and
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WHEREAS, the City Commission then reviews such Board recommendation, which if approved,
then adopts a resolution revoking the exemption and provides a notice to the owner of the financial penalties
resulting from the revocation pursuant to both Paragraph 8 of the Covenant and also to Sub-section
196.1997(7), Florida Statutes; and
WHEREAS, upon revocation of the historic property tax exemption the owner is required to pay
the difference between the total amount of taxes which would have been due in Match 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 in the difference calculation as provide in Sec.
212.12(3), Florida Statutes; and
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RES NO 99-18
Vie'"' t rm and 1 ah
R.Max Lohnm n, Cly Attorney
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RES NO 99-18