Res. No. 221-24RESOLUTION NO.221-24
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH,FLORIDA,GRANTING AN AD VALOREM TAX
EXEMPTION FOR THE HISTORIC REHABILITATION OF THE
PROPERTY LOCATED AT 143 SOUTH SWINTON AVENUE,AS
FURTHER DESCRIBED HEREIN;DETERMlNlNG THAT THE
COMPLETED IMPROVEMENTS ARE CONSlSTENT WlTH LAND
DEVELOPMENT REGULATIONS SECTION 4.5.1O),TAX EXEMPTION
FOR IIlSTORIC PROPERTIES:AND 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 that 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 Florida Constitution,Article VI.Section 3,authorizes counties and municipalities
to grant partial ad valorem tax exemptions to owners of historic properties for improvements that are the
result of the restoration,renovation.or rehabilitation of historic properties;and
WHEREAS.Section 4.5.1(0)of the Land Development Regulations of the City of Delray Beach Code
of Ordinances ("LDR")provides for an ad valorem tax exemption for the restoration,renovation,and/or
improvement of historic properties:and
WHEREAS.Nigel Development,Inc.(the "Owner"),is the fee simple owner of a parcel of land
located at 143 South Swinton Avenue (the "Property"),as more particularly described in Exhibit "A"
attached hereto and incorporated herein;and
WHEREAS.the Property is located in the Old School Square Historic District:and
WHEREAS.the Owner completed improvements to the Property and tiled an application (File No.
2024-245)for a Historic Property Ad Valorcm Tax Exemption;and
WHEREAS,on October 16,2024,the Historic Preservation Board determined that the completed
improvements are consistent with LOR Section 4.5.1(0)and by a vote of 4 to O recommended approval of
the ad valorcm tax exemption for the restoration,renovation,and improvement to the Property;and
WHEREAS,on December 10,2024,the City Commission considered the request as set forth herein.
NOW.TIIEREFORE.BE IT RESOLVED BY TIIE CITY COMMISSION OF TIIE CITY OF
DELRAY BEACII,FLORIDA,AS FOLLOWS:
Section].The City Commission hereby determines that the completed improvements to the
property located at 143 S.Swinton Avenue arc consistent with LOR Section 4.5.1O)
Section2.The City Commission hereby approves an ad valorem tax exemption for the Property
for a ten (1 O)year period,commencing on January 1,2025,from that portion of ad valorem taxes levied on
the increase in assessed value resulting from the renovation,restoration,and rehabilitation of the Property as
described in Historic Preservation Board Certificate of Appropriateness No.2019-227 &228.
Section3.The Owner 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 of the tax exemption.A copy of the recorded covenant shall
be provided to the City.
Section4.This resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED in regular session on the /~day of ~en,Íl.g¿(2024.
and Legal Sufficiency:
ce
2
RES.NO.221-24
Exhibit "A"
LOTS 9 AND IO.BLOCK 70,OF THE AMENDED PLAT OF SUNDY AND CROMERS SUBDIVISION.
ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 6,PAGE I7,PUBLIC
RECORDS OF PALM BEACH COUNTY,FLORIDA.
3
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DOS Form No HR3E 111292
HISTORIC PRESERVATION PROPERTY TAX EXEMPTION COVENANT
Thus Covenant is made the 16"day of October 2024,by Nigel Development,Inc.(hereinafter
referred to as tbe Owner)and mn 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 certamn
Property located at 143 S Swinton Avenue Delray Beach Florida whch is owned mn fee simple
by the Owner and s listed in the National Regster of Historic Places or 'ocally designated under
the terms of a local preservation ordinance or s a contr.butmng property to a National Register
histed district or a contributing property to a historic district under the terms of a local preservation
ordinance The areas of significance of thus property,as identified mn the National Register
nomination or local designation report for the property or the district mn which it is located areKarchitecture._X history.archaeology
The Property is comprised essentia'ly of grounds collateral appurtenances,and improvements
The property s more particularly described as follows (include city reference consisting of
repository book and page numbers)
Lots 9 and 10,Block 70,of the AMENDED PLAT OF SUN DY AND CROME RS SUBDIVISION,
according to the Plat thereof,as recorded in Plat Book 6,Page 17,Public Records of Palm
Beach County,Florida.
Parcel Identification Number.12-43-46-16-B4-070-0090
Subject to taxes for 2018 and subsequent years;covenants,conditions,restrictions,
easements,reservations and limitations of record,if any.
In consideration of the tax exerption granted by the Local Government the Owner hereby agrees
to the following tor the penod of the tax exempton which is from January 1,2025,to December
31,2034
The Owner agrees to assume the cost of the continued maintenance and rear of sad
Property so as to preserve the architectural,historical or archaeologtca integrity of the same
n order to protect and enhance those aualtes that made the Property eligble for histing n the
Natvonal Register of Historic Places or designation under the provisions of the local
preservation ordinance
2 The Owner agrees that no visual or structural aiterations will be made to the Property without
prior wntten permission of the Local Hustorc Preservation Office The address of the certified
Local Historc Preservation Office rs.it one exsts mn the jurisdiction
City of Delray Beach Development Services Department
100 NW 1'Avenue
Delray Beach F'orda
561 243 7040
The address ot the DIS1on of Historical Resources Is
Bureau of Histonc Preservation
Dison of Historical Resources
R A Gray Building.500 South Bronough Street
Tallabassce.Florida 32399-0250
Telephone Number 850)487 2333
3 [Only for properties of archaeoiogcal significance]Tne 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 srte mn such a manner that will not threaten or damage the
archaeologrcai resource provided that permission for alteratuon of the site rs obtained pursuant
to 2 above
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4 The Owner agrees that the Local Histonc Preservation Offce and appropriate representatives
of the Local Government ts agents and designees shall have the raht to inspect the Property
at all reasonable times mn order to ascertain whether or not the conditions of thus Covenant are
bemng observed
5 In the event of the non-performance or violation of the maintenance rovsion of the Covenant
by the Owner or any successor-in-interest during the term of the Covenant the Local Historc
Preservation Office wIll report such violation to the Property Appraiser and Tax Collector who
shall take action pursuant to s 196 1997 (7)FS The Owner shall be required to pay the
difference between tne total amount of taxes wh ch would have been due in M'arch n each of
the previous years in which the Covenant was mn effect had the property not received the
exemption and the tota,amount of taxes actually pad n those years,plus interest on tho
difference calculated as provded mn s 212 123,FS
6 If the Property is damaged by accidental or natural causes during the Covenant period the
Owner will mnform the Local Hrstonc Preservation Office in wntng 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 exrstung at the time of project completion In order to mamntan 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 corpieton on a time schedule agreed
upon by the Owner and the Loca Historic Preservation O'tie
7 If the Property has been destroyed or severely damaged by accidental or natural causes.that
is if the historical ntegty ot te features mnatenals.appearance workmanship and
environment or archaeological integrity whch made the property eligible for listing in the
Natonal Register of Historic Places or designation under the terms of the local preservation
ordinance have been lost or so damaged that restoration rs not feasible the Owner w'l notify
the Local Historic Preservation Office in writing of the loss The Local Historic Preservation
Office will evaluate the information provided and notrty the Owner in wrting of its determination
regarding removal of tne Property from eligibility for tax exempton If the Local +Historc
Preservation Office determines that the property should be removed from eligibility for tax
exemption it wli notify the Property Appraiser of the county in wtuch the Property rs locatec in
writing so that the tax exempton can be canceled for the remainder of the Covenant perod
In such cases,no penalty or nterest shall be assessed against tne Owner
8 It t appears that tne historcal mntegnty of the features materials appearance,workmanship,
and environment,or archaeoloqcal integnty wmuch made the Property elqb.e for sting in the
NVational Register of Histonc Places or designator under the terms of the local preservation
ordinance have been lost or damaged delberatly or through gross negligence of the Owner
the Local Historc Preservation Office shat notify the owner mn wntunq For the purpose of thus
Covenant gross negligence means the omission of care which even attentive and
thoughtless persons never fal to take of ther 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
tor restoration of the property and a schedule for completion of the restoration In order to
ramntamn the tax exemption,the Owner shall complete the restoration work necessary to return
the Property to the condition ex.sting at the time of proyect completion on a time schedule
agreed upon by the Owner and the Local Historc Preservation Office If the Owner does no!
complete the restoration work on the agreed upon tme schedule the Local Historic
Preservation Offce will report such volat.on to the Property Appraiser and lax Collector who
shall take action pursuant to s 196 1997 (7,FS The Owner shall be required to pay the
di'ference between the total amount ot taxes which would nave been due n M'arch in each of
the prevous years m which the Covenant was mn effect had the property not receed the
exemption and the total amount o'taxes actually paid in those years pis rterest on the
difference calculated as provided ms 212 1213)F S
g The terms of ths covenant!shall be binding on the current Property Owner transferees,heirs
successors or assigns
This Covenant shall be enforceable mn specific performance by a court ot competent /ursdiction
Page
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LOCA.GOVERN'AEVT Ct,Jf Dera/beat
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Name of At'orzed Local 0ff1al
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CITY OF DELRAY BEACH
CITY ATTORNEY'S OFFICE
200 NW 1 Avenue,Delray Beach,FL 33444
561-243-7090
LEGAL REVIEW FORM
This form is to be used solely for the legal review of documents not including procurement agreements.Procurement
\greements are reviewed under a separate cover.This form shall only be completed by a member of the Cit
Artorne's Office.
Date of Review:I 0/30/2024
Document Name:Resolution No 221-24
Document Type:Resolution
Submitted by:Katherina Paliwoda
Q This document is approved as to form and legal sufficiency.â–¡This document is approved as to form and legal sufficiency;however,the undersigned made the
following change(s):
[[This document is not approved as to form and legal sufficiency for the following reason(s):
s/Daniela_Vega,Esq.
Attorney
Copy to:
_City Attorney's Office (with a copy of the approved document)