0715 Alley Closingti
ri
c ATT
AN ORDINANCE CLOSING, VACATING AND ABANDONING THE
ALLEY OR ALLEYWAY LOCATED IN BLOCK 155, CITY OF
OKEECHOBEE, AS RECORDED IN PLAT BOOK 5 PAGE 5 PUBLIC
RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE
CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS
OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE
COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE,
FLORIDA, AS FOLLOWS:
SECTION ONE: The alley or alleyway described hereafter is hereby closed, vacated and
abandoned by the City of Okeechobee, Florida, to -wit:
SECTION TWO: The City Clerk shall cause a certified copy of the ordinance to be
recorded in the public records of Okeechobee County, Florida.
SECTION THREE: This ordinance shall be set for final public hearing the 18 day of
August 1998, and shall take effect upon receipt of new easements to Sprint United
Telephone.
INTRODUCED for first reading and set for final public hearing this 14 day of July
c j f) 1998.
'Bonnie S. :Thomas, CMC
CIT''CLERK
PASSED AND ADOPTED on second reading and final public he
C 1. ,August 1998.
4
.:t
:f
Bonnie; S. TIipnias, CMC
,CITY CLE
ORDINANCE NO. 715
A 15 foot wide alley in Block 155, CITY OF OKEECHOBEE, as
recorded in Plat Book 5, Page 5, Public Records, Okeechobee
County, Florida, more particularly described as that alley
running East to West between Lots 12 to 7.
APPROVED FOR LEGAL SUFFICIENCY 316537
)c
John R. Cook, CITY ATTORNEY
Rn0 4I4 PAM 635
James E. Kirk
MAYOR
James E. Kirk
MAYOR
FILED FOR RL Ci
98 NOV 30 P 2: 20
SHARON ri'.ILiriZTS(.i
CLERK OF CIRCUIT COL'': T
W estco Development Corp.
C O M M E R C I A L D E V E L O P E R S
3125 S.W. Mapp Road Palm City, Florida 34990
August 11, 1998
Bonnie S. Thomas
City of Okeechobee
55 S.E. Third Ave.
Okeechobee, FL 34974 -2932
Re: Alley Closing Application for Block 155, City of Okeechobee
Dear Ms. Thomas:
Enclosed is your request for documentation that the three utility companies that currently
have services running in the above referenced alley are willing to relocate their lines.
The three utility companies are:
1. Florida Power and Light
2. Time -Warner Cable
3. Sprint Florida Incorporated iu
Best regards,
Todd Wickard
L J�C
c�iio:r24 i co1
You will note that Westco Development Okeechobee Development I will have to
provide new easements on the proposed Walgrren's site to the utility companies before
any relocation's can commence. We will do this as soon as we finish closing on the
properties.
Thank you for your assistance in this matter and if you require more information please
call at your earliest convenience.
Development Leasing Management Brokerage
(561) 221 -8500
FAX: (561) 221 -8502
Both parties continue to stand by their original positions, but for their
convenience desire to reach a full and final compromise and settlement of all
matters and all causes of action arising out of the facts and claims as set forth.
Neither Party admits any liability in connection with this matter.
PiL
COMPROMISE AND SETTLEMENT
AGREEMENT
This Agreement is made this day of August, 1998, between Sprint
Florida, Incorporated, 555 Lake Border Drive, Apopka, Florida 32703, hereinafter
referred to as Sprint, and Okeechobee Development I, Inc., 1231 West Copans
Road, Pompano Beach, Florida 33064, hereinafter referred to as ODI.
SECTION ONE
PURPOSE
This Agreement is made as a compromise and settlement between the parties
for the complete and final settlement of their claims, differences, and causes of
action with respect to the dispute described below.
SECTION TWO
STATEMENT OF DISPUTE
Sprint and ODI have disagreed as to who is responsible for the cost of
relocation of Sprint's facilities located in the following area: The City block in the
City of Okeechobee bordered on the north by NW 2n Street, on the east by US
Highway 441 (Parrot Avenue) on the south by SR 70 and on the west by NW 2nd
Avenue in the City of Okeechobee Florida. ODI desires that certain rights -of -way
and/or easements located in the above described area be vacated or terminated by
the City of Okeechobee so a Walgreens Drug Store can be constructed on the site.
The telecommunication facilities are used to provide telephone service in the City
of Okeechobee and Okeechobee County. Sprint claimed that since vacation of the
alleyways located in the above described area did not fall within the provisions of
Section 337.403, Florida Statutes, the City of Okeechobee, through ODI, was
responsible for the costs of relocation of the facilities. ODI claimed that the
relocation was for a public purpose and that Sprint was responsible for the cost of
relocation of the facilities.
SECTION THREE
TERMS OF SETTLEMENT
In consideration of the mutual covenants set forth, the a
follows: e p rties agree as
A. Sprint's responsibilities under this settlement are:
1. Sprint will provide the copper and fiber cables, cable
and associated placing and splicing labor. stubs, splice closures,
Material:
2100 -24 pair Cable
2400 -26 Pair Cable
900 -24 Pair Cable
180 Fiber Cable
Inner Duct
325 feet
325 feet
425 feet
2,000 feet
2,148 feet
2. Sprint will provide the following labor in addition to splicing P ng labor.
Pull proposed copper cables into the new conduit provided by ODI
inner duct from the central office to the first new manhole, Pull
Pull
fiber cable through the inner duct from Central Office to the las new 180
manhole. Splice all cables and cut existing cables and conduit o P roposed
and leave in place. t of service
3. Sprint shall provide a person on site during construction to assi
resolving any matters which arise concerning the facilities ODI is st ODI g
pursuant to this Agreement. constructin
4. Sprint shall have primary responsibility for acquiring ll permits
the work described in this Agreement. ODI shall cooperate with n required for
S
obtaining such permits, including allowing permit applications t o be m be m in
name if required by the permitting authority, ade in ODI's
5. Sprint will provide all other labor and/or materials necessary to
facilities except that specifically agreed to be performed by OD i relocate the
Y in this Agreement.
2
B. ODI's responsibilities under this settlement are:
1 ODI will provide all materials and labor to
construct the two manhol
and associated conduit for Sprint to relocate its
with the proposed Walgreen's store on the described to eliminate the confli
ibed property ct
cr
Materials required:
Labor:
Ring and Cover
Sweeps
Conduit
Poly Pip
Inner Duct
Bell End 4"
M
Manholes
anholes
D
(2
N
4
Pu
pr
Conduit
Poly Pip
Inner duct
2 6'X12'X7' precast manholes
rated at H -20 loading
2 30 opening
10 6'X4" galvanized 90 degre
2,198 feet of 4" schedule 120 PVC
412 feet of 4" P Pipe 0.296 Wall Thickness
747 feet of 1" Inner Duct
16
Excavate and prepare both locations to
around Sprint's existing 8-way place manholes
g
Bury 243 feet of 8-way Y conduit system.
8) 6'X4" 4" schedule 120 PVC conduit and
galvanized 90 degree sweeps between the new
manholes. Bury 127 feet of 2- way parallel to NW 2 Y 4" schedule 120 PVC
m anhole to the east right-of-way N et west from the new
irectional bore 206 feet of 2-way 4" of Avenue.
6 'X 4" galvanized 90 degree sweeps under and and
along
W 2 Avenue and connect to the new buried 2 layg
schedule 120 PVC way
11 (3) 1" inner ducts into specified 4" duct betwee
pro manholes. n the
Each new duct will need to be mandrelled with a st
matching the 4" inside diameter of the duct. eel mandrel
2. The company contracted by ODI to construct th e manhole and conduit for
Sprint will have to meet Sprint's qualification and
reasonable approval including
3
bonding capabilities of a minimum of 20% of the total project, have a minimum of
$1,000,000 insurance coverage, and guarantee the work for a period of one year.
3. Within ten (10) days written notice of completion of construction, Sprint
shall inspect the facilities constructed by ODI and provide written notice to ODI of
any deficiencies in the construction. ODI shall have thirty (30) days to remedy any
deficiencies which time may be extended for good cause. Upon correction of any
deficiencies Sprint shall accept the manhole and conduit system. Upon acceptance
by Sprint the manhole and conduit system will become the property of Sprint.
4. ODI shall either warrant the work done by itself or its contractors for a
period of one year from the date of acceptance by Sprint or assign such warranties
to Sprint from its contractors. Any defect in the materials or workmanship of the
work performed by ODI or its contractors shall be corrected to the satisfaction of
Sprint within sixty (60) days of Sprint's written notification to the provider of the
warranty of any defect in materials or workmanship. If not, repaired within the
time provided, Sprint shall be authorized to repair the defect in material or
workmanship and charge such repairs to the provider of the warranty.
5. ODI shall be responsible for the removal or other disposition, at its
option, of the existing manholes and conduit.
6. ODI will also pay Sprint $17,000 upon acceptance of the facilities as
provided in Sections 3.B.3, 3.B.7, and 3.B.8.
7. Within thirty (30) days of completion of the telecommunications
facilities, ODI will provide to Sprint as -built easements for the new facilities'
locations placed on the Walgreen's property for access to utilize and maintain the
system. Easements for cable locations shall be 10 feet wide and easements for the
manhole locations shall include 5 feet on all sides of the manhole locations. The
exact locations of the manholes and easement will be agreed to by the Parties prior
to the beginning of construction.
8. Upon receipt of the new easements in a form reasonably acceptable to
Sprint, Sprint will no longer have use for the existing rights -of -way and/or
easements located under the proposed Walgreen's building and elsewhere on the
property and releases claims to those existing easements and ownership of the
4
existing manhole, conduit and cable which it will abandoned in place once it
receives the new easements.
SECTION FOUR
RESOLUTION OF CLAIMS
A. Sprint and ODI agree that all claims, demands, rights, and causes of
action that either has or may have against each other with respect to the above
described dispute are forever satisfied, discharged, and settled upon performance of
this Agreement. Each party agrees that it will make no claim against the other
arising out of the subject matter of this Agreement except for the breach of this
Agreement. Each Party may utilize the remedy of specific performance to seek
resolution of claim pertaining to this Agreement.
B. Sprint and ODI agree to cooperate to resolve issues with the City of
Okeechobee concerning the vacation of the rights -of -way and termination of the
easement in the area described in Section Two above.
SECTION FIVE
CONFIDENTIALITY
Sprint and ODI may each separately or jointly acknowledge that a settlement
has been reached in this matter, but the terms and conditions of the settlement and
compromise shall remain confidential and be treated by Sprint and ODI as
confidential; provided however, each Party may reveal contents of the Agreement
on a need to know basis and with a commitment of non disclosure to persons
necessary to complete the work contemplated by the Agreement or to obtain
financing or approval of Boards of Directors or Partners,
Walgreen's personnel and
prospective purchasers of the project. The Parties shall agree
ee on information
concerning the Agreement to be provided to the City of such
information is requested.
SECTION SIX
EFFECT OF AGREEMENT
This Agreement shall be binding on and inure to the benefit of the Parties
and their respective legal representatives, successors, and assigns.
5
SECTION SEVEN
ATTORNEY'S FEES
In the event either party to this Agreement is required to to
enforce any of the terms of this Agreement, the prevailing Pa ke action to
recover from the other party reasonable attorney's fees and costs, s s including ail entitled to
reasonable attorney' fees and costs for an a
collection costs incurred. y PPeals thereof, as well as any
SECTION EIGHT
WARRANTY OF CAPACITY TO EXECUTE AGREEMENT
Sprint and ODI each represent and warrant that the person wh
Agreement in their behalf has the authority to execute this A ree °signs this
g me
authority to settle the matters described in this Agreement. nt and has
SECTION NINE
NOTICES
All notices, demands or requests provided under this Agreement shall be
deemed to have been duly given when made in writing and delivered n,
deposited in the US Mail, sent via telex, cable, electronic mail or fa d in person,
addressed as follows: facsimile ano d
For Sprint
Senior Attorney
Sprint Florida, Incorporated
Post Office Box 165000
Altamonte Springs, FL 32716 -5000
6
For ODI
President
Okeechobee Development 1, Inc.
1231 W. Copans Road
Pompano Beach, Florida, 33064
Copy to:
Robert Lee Shapiro
Shapiro Adams, P.A.
2401 PGA Boulevard
Palm Beach Gardens, FL 33410
SECTION TEN
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between Sprint and ODI
with regard to the subject matter of the Agreement contained herein and all prior
negotiations and understandings between Sprint and ODI shall be deemed merged
into this Agreement. g
SECTION ELEVEN
AMENDMENT; WAIVER
No waiver, modification or amendment to the terms of this Agreement shall
be valid or binding unless made in writing, signed by both Parties and then only to
the extent set forth in such written waiver, modification or amendment. y
SECTION TWELVE
GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of Florida.
IN WITNESS WHEREOF, the parties have executed this agreement the day
and year first above written.
Witnesses:
1 L.,6(/ As(,
7
Sprint- Florida, Incorporated
Title: J7m¢g
Okeechobee Development I, Inc.
Title: Presi• e
atcth al 2 94
Eascment- Corporate Form
GRANT OF EASEMENT
This Grant of easement is made and entered into this ZS day of
/VU v 199P by and between Okeechobee Development
I, Inc., a Florida corporation, whose mailing address is 1231 West
Copans Road, Pompano Beach, Florida 33064, Grantor, and Sprint
Florida, Incorporated, a Florida corporation, whose mailing address is
P.O. Box 165000 Altamonte Springs, Florida 32716, Grantee.
RECITALS
A. Grantor is seized in fee simple, and in possession of real
property described in the attached "Exhibit A and as described in the
Public Records of Okeechobee County, Florida.
B. Grantee desires to use a portion of that real property for
placement of underground communications facilities and equipment.
C. Grantor is willing to grant an easement on that real property to
the Grantee for the above describe purpose.
Now, therefore, in consideration of ten dollars ($10.00), and other
good and valuable consideration, the adequacy and receipt of which are
acknowledged, the undersigned Grantor hereby grants, sells and conveys to
Grantee, Sprint- Florida, Incorporated, its successors and assigns forever,
an easement as is indicated on:
The easement is described in attached "Exhibit A",
This easement is intended for the concurrent use and benefit of
Grantor and Grantee, their successors and assigns, and any and all other
parties who may from time to time, be designated by Grantor. Grantor
shall have the absolute and unconditional right, without charge, to utilize
the easement for other utility lines and for other proper purposes that will
not unreasonably interfere with the use of the easement by Grantee.
And further provided, the Grantor shall guarantee ingress and egress
over and across the described parcel to Grantee at all reasonable times, and
Easement- Corporate Form
any expense for replacement or relocation of Grantee's facilities or
equipment, due to an act of, or request by, the Grantor, shall be borne by
the Grantor, and the Grantee shall have the right to open and close fences,
and trim or top any trees, bushes or brush along said easement to give a
clearance of not less than five feet, and provided, that if Grantee shall
cease using the property for the purposes stated above, the easement
granted herein shall terminate and revert back to the Grantor, or the
Grantors successors or assigns. In the event that Grantee disturbs the
surface of the easement in order to maintain, change, alter or modify its
facilities therein, Grantee shall as soon as reasonably practical, repair and
restore any damage to its original condition. Should Grantee fail to restore
the easement area to its original condition after ten (10) notice from
Grantor, its successors or assigns, Grantor, its successors or assigns, may
restore the area and bill Grantee for such restoration. Grantee shall notify
Grantor, its successors or assigns of its plans to disturb the easement not
less that five (5) days prior to such event except in the case of emergency.
By accepting this Grant of Easement, Grantee agrees to indemnify
and save Grantor, its successors and assigns, harmless from and against
any and all liability and claims of liability of every kind and nature,
including without limitation for bodily injury, death and property damage,
arising out of the exercise by Grantee of the rights herein granted. Nothing
herein shall require the Grantee to indemnify or save Grantor, its
successors and assigns, harmless from Grantor's, its successors' and
assigns' own negligence or willful misconduct. While this easement is in
effect Grantee shall maintain insurance to assure performance of its
obligations under this Easement.
In the event either party to this Easement is required to take action to
enforce any of the terms of this Easement, the prevailing party shall be
entitled to recover from the other party reasonable attorney's fees and
costs, including reasonable attorney's fees and costs for any appeals
thereof.
This Easement shall run with the land, and shall bind and inure to
the benefit of the successors and assigns of the Parties hereto.
Easement- Corporate Form
In Witness Whereof, the Parties have executed this Grant of
Easement on the day and year first written above.
WITNESS:
Okeechobee Development I, Inc.
Signature of 1st Witness
r eii) By:
(Type or Print N e of Witness) Name: 4,- ,L;fy'elI/c-e-4 €.1'
Title: Ae-S
Signature of 2nd Witness
ROBERT LEE Gs.;; ;',fti,.:.
(Type or Print Name of Witness)
WITNESSES:
Signature of 1st Witness
&ij4zv r /,2m
(Type or Print Name of Witness)
natu'of 2nd '1 ness
t)racc »€s VE_C*,71
(Type or Print Name of Witness)
ACKNOWLEDGMENTS
STATE OF FLORIDA
COUNTY OF PALr Beach
GRANTOR:
GRANTEE
Sprint- Florida, Incorporated
By:
Name: Melvin L.eyer
Title: Director Network Eng. Const.
t0114
AND
PR oy44
This foregoing instrument was acknowledged before me this
2-5 day of No✓tmb
19 98, by
E5 4-ef £Fnde• as F'rf.si t`,7
of Okeechobee Development I, Inc. a Florida corporation, who is
Eascmcnt- Corporate Form
personally known to me or who has produced as
identification and who did (did not) take an oath.
STATE OF FLORIDA
COUNTY OF j,-nrnUJL
Signature Notary
TUNE EMBERTON
e1'Y COMMI88ION it CC 508175
EXPIRES: November 6, 1999
Now. 1 u Pubis UndMMe11Me
Name of Notary Pu rinse or Yrirlt)
My Commission Expires:
This foregoing instrument was acknowledged before me this
'P day of O 19 T, by
�c /vin L. Me ye as Dfedvr /letuz)4J(._ Y
of Sprint- Florida, Incorporated, a Florida corporation, who is personally
known to me or who has produced as identification
and who did (did not) take an oath.
Signature of NcrePrifiebiie
LORNA TPIGPEN
Notary Public Pato of F10dda
My ComMu on Expires Mar 2.2001
Name of Notar Public or rit t)
My Commission $zpires:
Document Prepared By:
1
LEGAL DESCRIPTION
}TILITY EASEMENT
SITUATED NI THE STATF [1F cry ngrni
COUNTY t1F t1KEEPHOBEE ��an Drr�ii.
r...V TO
PART OF BLOCK 155 ACCORDING TO THE
PLAT OF "OKEECHOBEE" AS RECORDED IN
PLAT BOOK 5, PAGE 5 OF THE PUBLIC
RECOROS OF OKEECHOBEE COUNTY AND
BEING MORE PARTICULARLY BOUNDED AND
DESCRIBED AS FOLLOWS:
THE NORTH 20.00 FEET SAID DKOCK 155;
TOGETHER WITH:
THE EAST 10.00 FEET OF THE NORTH
157.50 FEET OF SAID BLOCK 155;
TOGETHER %MTH:
THE WEST 30.00 FEET OF THE NORTH
172.50 FEET OF SAID BLOCK 155;
CONTAINING 12,750 SQUARE FEET IAORE OR
LESS.
?4? 98
A V PLS 6642
DANIEL W. TALBO 'T
1146 36TH AVENUE
VERO BEACH. FL 32980
4R1 Ken neat.
10.00'
z
I
10
m
z
m
7
SKETCH OF PROPERTY DESCRIPTION
UTILITY EASEMENT
AV E.VMSn n nr.
—20.00'
N.W. 2ND STREET
BLOCK 1 155
4
1 1 1
1_ _1.._._
ABANDONED ALLEY
1 1
1 1 1 1
B 1 g 1 10 1 1
1 1 1 1
1 1 1 1
1 1 1 1
STATE ROAD 70
3 2
i
1 BLOCK 1 155
30.00'
172 50
12
0
—1
LEGAL DESCRIPTION
UTILITY EASEMENT
SITUATED IN THE STATF nF n Hama
(:OIINTY f1F J'CECHABEE, Div Dr N IG A
PART OF BLOCK 155 ACCORDING TO THE
PLAT OF "OKEECHOBEE" AS RECORDED IN
PLAT BOOR 5. PAGE 5 OF THE PUBLIC
RECORDS OF OKEECHOBEE COUNTY AND
BEING MORE PARTICULARLY BOUNDED AND
DESCRIBED AS FOLLOWS:
THE NORTH 20.00 FEET SAID DOCK 155;
TOGETHER 1MITH:
THE EAST 10.00 FEET OF THE NORTH
157.50 FEET OF SAID BLOCK 155;
TOGETHER YMTH;
THE WEST 30.00 FEET OF THE NORTH
172.50 FEET OF SAID BLOCK 155;
CONTAINING 12.750 SQUARE FEET MORE OR
LESS.
DANIEL W. TALBOTT
1146 38TH AVENUE
VERO BEACH. FL 32960
561 569 -8884
z
IN
z
D
m
z
t rq
6
141.DU
7
SKETCH OF PROPERTY DESCRIPTION
UTILITY EASEMENT
OKEECHOBEE NATCRPt:'»*
20.00'
N.W. 2ND STREET
BLOCK 155
I I
1 I 1 I
5 I 4 3 2
I
I I I I I
ABANDONED ALLEY
I I
1 1 1
B 9 I 10 1
1 1 1
1 1 1
1 1 1
1 BLOCK 1 155 1
STATE ROAD 70
30.00'
12
This Grant of Easement is made and entered into this
November, 1998, by and between Okeechobee D evelopmentI d nc., a Flori da
corporation, whose mailing address is 1231 West Copans Road, Pompano
Beach, Florida 33064, Grantor, and Time Warner Cable, a Florida cor oratio n�
those mailing address is 107 N.W. 7th Avenue, Okeechobee, Florida 34972
Grantee.
A. Grantor is seized in fee simple, and in possession of real property
described in the attached "Exhibit A and as described in the Public Records of
Okeechobee County, Florida.
B. Grantee desires to use a portion of that real property for placement
of underground communications facilities and equipment.
C. Grantor is willing to grant an easement on that real property to the
Grantee for the above described purpose.
Now, therefore, in consideration of ten dollars ($10.00) and other good
and valuable consideration, the adequacy and receipt of which are
acknowledged, the undersigned Grantor hereby grants, sells and conveys to
easement as is indicated on: its successors and assigns forever, an
The legal description of the Easement is described in attached
"Exhibit A
This Easement is intended for the concurrent use and benefit of Grantor
and Grantee, their successors and assigns, and any and all other parties who
may from time to time, be designated by Grantor. Grantor has designated
Walgreen Co. as beneficiary of this Easement. Grantor shall have the absolute
and unconditional right, without charge, to utilize the easement for other utility
and /or communications lines and for other proper purposes that will not
unreasonably interfere with the use of the easement by Grantee.
Grantor shall provide reasonable and necessary ingress and egress over
and across the described parcel to Grantee at all reasonable times. Any expense
for replacement or relocation of Grantee's facilities or equipment, due to an act
of, or request by, the Grantor, shall be borne by the Grantor. If Grantee shall
cease using the property for the purposes stated above, the Easement granted
herein shall terminate. In the event that Grantee disturbs the surface of the
Easement or other facilities in the Easement, in order to maintain, change, alter
Forms /Easement/Grant of Easement Okeechobee Dev. Cable
1408 1 9/11/18/98/8:00
GRANT OF EASEMENT
RECITALS
or modify its facilities therein, Grantee shall immediately repair and restore any
damage to its original condition. Should Grantee fail to restore the easement
area to its original condition after two (2) days notice from Grantor or Walgreen
Co, Grantor or Walgreen Co. may restore the area and bill Grantee for such
restoration and Grantee shall pay same within five (5) days thereafter. Grantee
shall notify Grantor and Walgreen Co. of its plans to disturb the easement not
less than five (5) days prior to such event except in the case of emergency and
shall coordinate same with Walgreen Co so as to minimize the interference with
its business.
By accepting this Easement, Grantee does hereby indemnify and save
Grantor and Walgreen Co. harmless from and against any and all liability and
claims of liability of every kind and nature, including without limitation for bodily
injury, death and property damage, arising out of the exercise by Grantee of the
rights herein granted. Nothing herein shall require Grantee to indemnify or save
Grantor or Walgreen Co. harmless from Grantor's or Walgreen Co.' gross
negligence or willful misconduct. While this Easement is in effect, Grantee shall
maintain insurance to assure performance of its obligations under this Easement.
In the event either party to this Easement is required to take action to
enforce any of the terms of this Easement, the prevailing party shall be entitled to
recover from the other party reasonable attorney's fees and costs, including
reasonable attorney's fees and costs for any appeals thereof.
This Easement shall run with the land, and shall bind and inure to the
benefit of the successors and assigns of the Parties hereto.
In Witness Whereof, the Parties have executed this Grant of Easement on
the day and year first above written.
WITNESSES:
Pint Name: J*?( f•
Print Name:
WITNESSES:
Print Name:
Forms /Easement/Grant of Easement Okeechobee Dev. Cable
1408.19/11/18/98/8:00
GRANTOR:
Okeechobee Development I, Inc.
By:
Print Name: A//7 e
Title: r't'
GRANTEE:
By:
Print Name:
Title:
2
Print Name:
State of Florida
County of Palm Brock)
This foregoing instrument was acknowledged before me this 25 day of
November, 1998, by ,s,jr as Prejidenf
Okeechobee Development I, Inc., a Florida corporation, who is personally known
to me or who has produced as identification and who
did (did not) take an oath.
State of Florida
County of
Forms /Easement/Grant of Easement Okeechobee Dev. Cable
1408.19/11/18/98/8:00
IJAP
Notary P k
(Notary Se
JUNE EMBERTON
MY COMMISSION 0 CC 508175
EXPIRES: November 6, 1999
Bonded Thru Noisy PubNc Undenvdkre
This foregoing instrument was acknowledged before me this day of
November, 1998, by as of
,a
who is personally known to me
or who has produced as identification and who did (did
not) take an oath.
Notary Public
(Notary Seal)
t
This Instrument Prepared By:
Robert Lee Shapiro, Esquire
Shapiro Adams, P.A.
2401 PGA Boulevard
Suite 272
Palm Beach Gardens, FL 33410
(561) 691-0059
GRANT OF EASEMENT
THIS EASEMENT is made and entered into this day of November, 1998, between
Okeechobee Development I, Inc., a Florida corporation (hereinafter referred to as "Grantor and the
OKEECHOBEE UTILITY AUTHORITY (hereinafter referred to as "Grantee
WITNESSETH:
That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good, valuable
and sufficient considerations, the receipt of which is hereby acknowledged, does hereby grant to the
Grantee, its successors and assigns, a perpetual utility easement which shall permit the Grantee, its
successors and assigns, to enter upon the property herein described at any time to install, operate, maintain
and service water and sewer lines and appurtenant facilities in, on, over, under and across the easement
premises. The easement hereby granted covers a strip of land lying, situate, and being in Okeechobee
County, Florida, and being more particularly described as follows:
See Exhibit "A" attached hereto and made a part hereof.
This Easement is intended for the concurrent use and benefit of Grantor and Grantee and any and
all other parties who may from time to time, be designed by Grantor. Grantor has designated Walgreen
as beneficiary of this Easement. Grantor shall have the absolute and unconditional right, without charge,
utilize the easement for other utility and /or communications lines and for other proper purposes that will
not unreasonably interfere with the use of the easement by Grantee. g to
Grantor shall provide reasonable and necessary ingress and egress over and across the described
parcel to Grantee at all reasonable times. If Grantee shall cease using the property for the purposes stated
above, the Easement granted herein shall terminate. In the event that Grantee disturbs the surface o f the
Easement or other facilities in the Easement, in order to maintain, change, alter or modify its facilities
therein, Grantee shall immediately repair and restore any damage to its original condition. Grantee shall
fail notify Grantor and Walgreen Co. of its plans to disturb the easement not less than five (5) days
such event except in the case of emergency and shall coordinate same with Walgreen Co so as to min
the interference with its business. ys prior to
�mize
In the event either party to this Easement is required to take action to enforce any of the terms of
this Easement, the prevailing party shall be entitled to recover from the other party reasonable attorney's
fees and costs, including reasonable attorney's fees and costs for any Y a PPeals thereof.
This Easement shall run with the land, and shall bind and inure to the benefit of the successors a
assigns of the Parties hereto.
and
Grantor hereby covenants with Grantee that it is lawfully seized and in possession of the real
property herein described and that it has good and lawful right to grant the aforesaid easement free and
clear of mortgages and other encumbrances.
Forms /Easement /Okeechobee Development I Utility Easement
1408 19 11 /25/98 /2:11 PM
written.
IN WITNESS WHEREOF, Grantor has hereunto set hand and seal the day and year first above
Signed, sealed and
Delivered in the presence of:
Pri Name: Jun r mber' Th»
Print Name: ROLI'=' t r' a n
uLitj
STATE OF FLORIDA
COUNTY OF him BPaCh
Forms /Easement/Okeechobee Development I Utility Easement
1408.19/11/24/98 /12:11 PM
Okeechobee Development 1, Inc.
By: 71 ,2r E <--C
Print Name: /1/.0 r
Title:
The foregoing instrument was acknowledged before me this2 day of November, 1998, by
ES 4er fiendott as Pre ai dt n+' of Okeechobee Development 1, Inc., who is personally
known to me or has produced a Florida Driver's License as identification, and who did not take an oath.
Notary Publ
JUNE EMBERTON
MY COMMISSION 1 CC 508175
I tq• EXPIRES: Public 1
2
LEGAL DESCRIPTION
:n ER ,ASLMLNT
SITUATED P1 THE STATE OF FLORIDA.
COUNTY OF OKEECHOBEE, AND BEING A
PART OF BLOCK 155 ACCORDING TO THE
PLAT OF 'OKEECHOBEE AS RECORDED IN
PLAT BOOK 5, PAGE 5 OF THE PUBLIC
RECORDS OF OKEECHOBEE COUNTY AND
BEING MORE PARTICULARLY BOUNDED AND
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER
OF LOT 8 Or SAO BLOCK 155;
THENCE S89'5111'001 ALONG THE SOUTH
LINE OF SAID LOT 6 A 0ISTAN(`F t1F in nn
FEET T1) TNF WIN? Ai BE! !C
THENCE CONTINUE S89 "E A DISTANCE
OF 40.00 FEET; THENCE NO0'01'09 "E A
DISTANCE OF 15.00 FEET:
THENCE N89'58'00 A DISTANCE OF 40.00
FEET; THENCE SOOT/1'43"W A DISTANCE
OF 15.00 FEET TO THE POINT OF
BEGINNING; CONTAINING 60O SQUARE
FEE T.
LINE TABLE
LINE
LENGTH
BEARING
§00'01'0011
1
S44
130
130
LOT
1
15.00
10.00
40.00
40.00
..vr it i' w
e1:
IHNIPSWINVI
1
-Dk1 Zz•Qr'P
A 0:'s PLS5842
DANIEL W. TALBOT1'
1148 38TH AVENUE
VERO BEACH, FL 32980
581- 589 -8884
1
C,1 vfr—te
6
POINT OF
137
l
SKETCH OF PROPERTY DESCRIPTION
WATER EASEMENT
OKEECHOBEE WALGREENS
N.W. 2N0 STREET
1 BLOCK 1 155
r 1 1 1
1 1 1 1
5 4
COMMENCEMENT
ABANDONED ALLEY
I
POINT OF BEGINNING
1 1
a g 10
1 1
1 1
1 1
L BLOCK t 155
STATE ROAD 70
1
2 1
-1-
1
1
1
1
1
11
12
TMs SKETCH IS NOT A MillsiMv
1
SITUATED IN THE STATE OF FLORIDA,
COUNTY OF OKEECHOBEE, AND BEING A
PART OF BLOCK 155 ACCORDING TO THE
PLAT OF "OKEECHOBEE” AS RECORDEO Nr
PLAT BOOK 5, PAGE 5 OF THE PUBUC
RECORDS OF OKEECHOBEE COUNTY AND
BEING MORE PARTICULARLY BOUNDED AND
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER
OF LOT 1 OF SAID BLOCK 155;
THENCE N00'01 ALONG THE EAST LfNE
OF SAID LOT 1 A DISTANCE OF 33.35 FFFY•
lltNLt 589'58'31 "w A n'!TANDE or O
vt .n/.V1I
FEET TO THE POINT OF BEGINNING;
THENCE N0Q'01'27 "W A DISTANCE OF 23.42
FEET; THENCE N251818"W A DISTANCE
OF 69.85 FEET; THENCE N89'5815"W A
DISTANCE OF 84.16 FEET;
THENCE N00'01'45 "E A DISTANCE OF 3.00
FEET TO A POINT BEING 20.00 FEET SOUTH
OF, AS MEASURED PERPENDICULAR TO THE
NORTH UNE OF SAID BLOCK 155;
THENCE N8918'15 W A DISTANCE OF 10.00
FEET;
THENCE 600'01'45 "W A DISTANCE OF 13.00
FEET; THENCE 589'58'15 "E A DISTANCE
OF 87.84 FEET; THENCE S25'1818"E A
DISTANCE OF 84.70 FEET TO THE POINT OF
RFlaoa r.
u.� rrrc J LLIMRL
FEET MORE OR LESS.
DANIEL W. TALBOTT
1146 36Th AVENUE
VERO BEACH, FL 32960
581- 589 -8684
1 z
z
Iv
D
A
C
I
L
6 1
7
5
8
SKETCH OF PROPERTY DESCRIPTION
SANITARY SEWER EASEMENT
OKEECHOBEE WALCREENS
N.W. 2N0 STREET
ABANDONED ALLEY
1 1 1
I 1
9 10 11
1 1 1
1 1 1
1 1 1
BLOCK 155
STATE ROAD 70
1118 SKETCH 8 NOT A SURVEY
EXHIBIT A"
5 A =•0'
0/08 DMT
4 1 3 1
�viiii yr 8t1;INNING
POINT OF COMMENCEMENT
1
12
-2z -7a
DANIEL W. TALBOTT V PI.SMSR49
LINE TABLE
UNE
LENGTH 11117757711
10.00 "e
U3
U4
13.00
111111MniriV
Irn.nrnirriii
7
W6
3.00
LIl
14.11
UT
17.14
VIII 'YM I
1.111
30.00
r.
U1
WIN
Ifrrffirira
1
190
23.42
121
14.70
IIIIMIIMAI
iIIMInrif
122
33.35
1
SITUATED IN THE STATE OF FLORIDA,
COUNTY OF OKEECHOBEE, AND BEING A
PART OF BLOCK 155 ACCORDING TO THE
PLAT OF "OKEECHOBEE” AS RECORDEO Nr
PLAT BOOK 5, PAGE 5 OF THE PUBUC
RECORDS OF OKEECHOBEE COUNTY AND
BEING MORE PARTICULARLY BOUNDED AND
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER
OF LOT 1 OF SAID BLOCK 155;
THENCE N00'01 ALONG THE EAST LfNE
OF SAID LOT 1 A DISTANCE OF 33.35 FFFY•
lltNLt 589'58'31 "w A n'!TANDE or O
vt .n/.V1I
FEET TO THE POINT OF BEGINNING;
THENCE N0Q'01'27 "W A DISTANCE OF 23.42
FEET; THENCE N251818"W A DISTANCE
OF 69.85 FEET; THENCE N89'5815"W A
DISTANCE OF 84.16 FEET;
THENCE N00'01'45 "E A DISTANCE OF 3.00
FEET TO A POINT BEING 20.00 FEET SOUTH
OF, AS MEASURED PERPENDICULAR TO THE
NORTH UNE OF SAID BLOCK 155;
THENCE N8918'15 W A DISTANCE OF 10.00
FEET;
THENCE 600'01'45 "W A DISTANCE OF 13.00
FEET; THENCE 589'58'15 "E A DISTANCE
OF 87.84 FEET; THENCE S25'1818"E A
DISTANCE OF 84.70 FEET TO THE POINT OF
RFlaoa r.
u.� rrrc J LLIMRL
FEET MORE OR LESS.
DANIEL W. TALBOTT
1146 36Th AVENUE
VERO BEACH, FL 32960
581- 589 -8684
1 z
z
Iv
D
A
C
I
L
6 1
7
5
8
SKETCH OF PROPERTY DESCRIPTION
SANITARY SEWER EASEMENT
OKEECHOBEE WALCREENS
N.W. 2N0 STREET
ABANDONED ALLEY
1 1 1
I 1
9 10 11
1 1 1
1 1 1
1 1 1
BLOCK 155
STATE ROAD 70
1118 SKETCH 8 NOT A SURVEY
EXHIBIT A"
5 A =•0'
0/08 DMT
4 1 3 1
�viiii yr 8t1;INNING
POINT OF COMMENCEMENT
1
12
-2z -7a
DANIEL W. TALBOTT V PI.SMSR49
LEGAL DESCRIPTIOR
SAITARYSFIMR EAS T
SITUATED IN THE STATE OF FLORIDA,
COUNTY OF OKEECHOBEE. AND BEING A
PART OF BLOCK 155 ACCORDING TO THE
PLAT OF "OKEECHOBEE` AS RECORDED IN
PLAT 800K 5, PAGE 5 OF THE PUBLIC
RECORDS OF OKEECHOBEE COUNTY AND
BENG MORE PARTICULARLY BOUNDED AND
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER
OF LOT 12 OF SAID BLOCK 155;
THENCE S00111'27 "E ALONG THE EAST LINE
OF SAO LOT 12 A DISTANCE OF 0.75 FEET;
PJr
T r C'R0ml`vrt.!
T E M ViII/�YV of JI/.
C=ET T POINT uic rwtvl iJ' tlGC�WMrKG;
TIEN{.E 50001'27 E A DISTANCE OF 10.00
FEET; THENCE S68'44'31'W A DISTANCE
OF 111.78 FEET; THEME N5216'04'W A
DISTANCE OF 121.35 FEET; THENCE
N89'56'17'W A DISTANCE OF 49.77 FEET
TO A POINT BEING 10.00 FEET EAST OF,
AS MEASURED PERPENDICULAR T0, THE
WEST UNE OF SAID BLOCK 155: THENCE
NO0'01'43'E A DISTANCE OF 10.00 FEET;
THENCE S8918'17 "E A DISTANCE OF 52.23
FEET; THENCE 56218'04 *E A DISTANCE
OF 119.04 FEET; THENCE N68'44'31`E A
DISTANCE OF 111.31 FEET TO THE POINT
OF BEGINNING; CONTAINING 2827 FEET
MORE OR LESS.
UNE TABLE
UNE
Ise
(27
122
122
(30
131
1•2
LENGTH
45.77
52.23
10.00
BEARING
7
111.72
1111.35
115.04
30.00
10.56
0.72
I
1
6 1
1
123
*24
7
5
8
N,W. 2ND STREET
1 BLOCK 1155
11118 SKETCH 8 NOT A SURVEY
G L��o�L'Ai
1 1
11 1
4 3 1 2
PAINT COuLIE.:CUwe.ii i
1
POINT OP BEGINNING
1 1 1
ABANDONED ALLEY
DANIEL W. TALBOTT
1146 38TH AVENUE
VERO BEACH, FL 32980
581 569 -8884
SKETCH OF PROPERTY DESCRIPTION
SANITARY SEWER EASEMENT
OKEECHOBEE WALGREENS
Entarr "A"
CAIZ 60'
0/90 1 DMT
9
BLOCK
155
STATE ROAD 70
10
11
12
DANIEL W. TALBOTT V PLS15842
10/01/1998 16:29 9414673714 OKO
Work Order No. EASEMENT
This Instrument Prepared By
Sec. Twp S, Rge E Name:
Co. Noma:
Parcel I.D. Address:
(Maintained by County Appraiser)
The undersigned, in consideration of the payment of $1.00 and other good and
valuable consideration. the adequacy and receipt of which is hereby acknowledged,
grant and give to Florida Power Light Company, its licensees, agents, successors,
and assigns, an easement forever for the construction, operation and maintenance of
overhead and underground electric utility facilities (including wires, poles, guys,
cables, conduits and appurtenant equipment) to be installed from time to time; with
the right to reconstruct. improve, add to, enlarge, change the voltage, as well as, the
size of and remove such facilities or any of them within an easement feet in
width (the approximate location of which is shown in the sketch on Pa 2 of this
instrument) located within the following described property:
Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and cc
within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all 1
the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim an
and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere
or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extet
undersigned has the power to grant, if at all, the tights hereinabove granted on the land heretofore described, over, along, under and z
the roads, streets or highways adjoining or through said property.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on NOVemBEt 25 19 48
Okeechobe, Deve /oprnrn' I, InC
(torporate's name)
Signed. sealed and delivered
in the presence of:
Print Name
Print Name
STATE OF rLo kip A
My Commission Expires:
10 -Ai 9P 16:2P
imess S ignature
June cC.Y) he r.14
(witness)
(Witness)
O ER 1 LEE ShA RQ
AND COUNTY OF P Be r 1,
Reserved for Circuit Cant
By /k%e44():C;i: cr -tip
(t tesrdent's signature)
PAGE 02
Print Name: t- ,4 L) C', M 7 1 f- p s OMt
Print Address:
Attest:
Print Name:
Print Address:
before me this 25 day of /Vovecnber 199K by
respectively the President and Secretar
e'ehdbee Devoe Mend Inc. a F corporation, on behalf of
corporation, who are personally known to me or have produced as identification, and who did (did not) take an o
(Type of Identification)
Notary
Print
RECF T VEP FP(M' a4 1 1
(Secretary s signature)
The foregoing instrument was acknowled
s �e r den do
1.tlu fr A !'tiramp4
at ure JUNE MERTON
MY COMMISSION 0 CC 508175
[7SP IRES: Noweadurj, nee
Bonded lbw Notary Public UndwwrlMts
(Corporate Seal)
LEGAL DESCRIPTION
F.P.L. EASENT
SITUATED IN THE STATE OF FLORIDA,
COUNTY OF OKEECHOBEE, AND BEING A
PART OF BLOCK 155 ACCORDING TO THE
PLAT OF 'OKEECHOBEE" AS RECORDED IN
PUT HOOK 5, PAGE 5 OF THE PUBLIC
RECORDS OF OKEECHOBEE COUNTY ANO
BEING MORE PARTICULARLY BOUNDED AND
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER
OF LOT 6 OF SAIO BLOCK 155;
THENCE SOO'01'43'W ALONG THE WEST LINE
OF SAID LOT 6 A DISTANCE OF 139.77
FEET; THENCE 559'58'17 "E A DISTANCE
OF 10.00 FEET TO THE POINT OF
OCL11V1'IIRti;
THENCE S00'Oi'43"W A DISTANCE OF 10.00
FEET; THENCE S7810 12 "E A DISTANCE
OF 40.58 FEET; THENCE S41 05'14 "E A
DISTANCE OF 40.11 FEET; THENCE
N8917'46 1 A DISTANCE OF 137,32 FEET;
THENCE N6616'37'E A DISTANCE of 61.64
FEET TO A POINT 30.00 FEET EASTERLY
OF, AS MEASURED PERPENDICULAR TO, THE
EAST UNE OF SAID BLOCK 155; THENCE
N00'01'27 "W A DISTANCE OF 10.92 FEET;
THENCE S5618'37'W A DISTANCE OF 63.92
FEET; THENCE S89'57'46"W A DISTANCE
OF 130.68 FEET; THENCE N41"0514 "W A
DISTANCE OF 38.94 FEET;
THENCE N78'30'12'W A OISTANCE OF 45.97
Fr r Tn 11.4r r w. .sr w♦
Y;NNI;V.
CONTAINING 2795 SQUARE FEET MORE OR
LESS,
use TABLE
uNL MOTH A11140
u 131.77
DANIEL W. TALBOTT
1146 36TH AVENUE
VERO BEACH, FL 32980
561 569 -6884
N.W. 2ND STREET
POINT OF COMMENCEMENT
1 BLOCK 1 155
1 1
1 11
6 1 5 4 1 3
7
1 BITCH NOT A SURVEY
POINT OF' BEGINNING
8
1.
STATE ROAD 70
SKETCH OF PROPERTY DESCRIPTION EXHIBLT
F.P.L. EASEMENT v iCALE
in
OKEECHOBEE 11ALGREENS o/06 I" n'.••
1 1
1 1
1 1
2 1
1 1 l 1
ABANDONED ALLEY
0
1
9 10 1 11 I
1 1 1
1 1 1
1 1 1
81.00< 155
1
12
-ZZ -43
1
ro
0
OKEECHOBEE UTILITY AUTHORITY
WATER AND WASTEWATER SYSTEM
STANDARD DEVELOPER'S AGREEMENT
THIS AGREEMENT made and entered into this day of
19 by and between Okeechobee Development I.
Inc. hereinafter referred to as "DEVELOPER," and OKEECHOBEE
UTILITY AUTHORITY, hereinafter referred to as "OUA."
RECITALS
1. DEVELOPER owns or controls or will own and control lands
located in Okeechobee County, Florida, and described in Exhibit
"A attached hereto and made a part hereof as if fully set out in
this paragraph and hereinafter referred to as "Property," and
DEVELOPER has or is about to develop the Property by erecting
thereon, residential or commercial improvements.
2. DEVELOPER is desirous of prompting the construction- andjor
maintenance of central water and wastewater facilities so occupants
of each residence or commercial improvement constructed will
receive adequate water and wastewater service.
3. OUA is willing to provide, in accordance with the
provisions and stipulations hereinafter set out, and in accordance
with all applicable laws, central water and wastewater facilities,
and to have extended such facilities by way of water mains,
wastewater mains, and lift station, and to thereafter operate such
facilities so the occupants of each residence or commercial
improvement constructed on the Property will receive an adequate
water and wastewater service from OUA.
ACCORDINGLY, for and in consideration of the Recitals, the
mutual undertakings and agreements herein contained and assumed,
and other good and valuable consideration the receipt and
sufficiency of which are acknowledged by the parties, DEVELOPER and
OUA hereby covenant and agree as follows:
SECTION 1. RECITALS. The above Recitals are true and
correct, and form a material part of this Agreement.
SECTION 2. DEFINITIONS. The definitions set forth in the
Interlocal Agreement creating the Okeechobee Utility Authority
between Okeechobee County, Florida (the "County and the City of
Okeechobee, Florida (the "City dated November 10, 1994, and the
Master Transfer Agreement by and among OUA, the County, the City,
and Okeechobee Beach Water Association, Inc. "OBWA dated
July 13, 1995, and OUA Resolutions Nos. 95 -5, 95 -9 and 95 -10, shall
apply in this Agreement unless otherwise specified below. The
following definitions and references are given for the purpose of
interpreting the terms as used in this Agreement and apply unless
the context indicates a different meaning:
(1) "Service" The readiness and ability on the part of OUA
to furnish water and wastewater service to each unit.
(2) "Point of Delivery or Distribution" The point where the
pipes of the utility are connected with the pipes of the
Walgreen /8 -4 -98 1
shall be at "a15s otherwise indicated,
point in the customer' the poi of delivery
(3) s lot or propert
on ributi.n -in -Aid -o Y line.
and /or propert C•nstruc i
distribution and, represented The sum of money,
DEVELOPER wastewater collection valu of the water
s
which DEVELO systems
deliver to OUA as a Co ntribution covenants constructed or
induce Contribution-in-Aid- and agrees to pay or
OUA to provide water i
Property, and wastewater service to
to the
E TI N A
grants ad ENT AND RI
n T OF
gives OUA the exclusive right C E DEVELOPER
own, maintain, adand operate th
i the t
g or hereby
under, over and water and wastewater facilities
under,
utility across any future sacilities to
reserved public use y rtes and public places assts, roads, ededicnts
to public dedications iniotheorrecord plats, or provided p and dedicated
to
acid record grants made otherwise provided for
said
plats. DEVELOPER a nd independent n
foregoing grants include t hereby further Pende of
to any part of the pro perty; that the he necessary agrees that the
such period Y right g of r ants refs
easements of time as OUA foregoing grants and egress
the water d ofe time a requires such rights, ivi l_ be for
and wastewater ownership, maintenance, operation o privileges or
required or desires facilities; expansion of
facilities equire to install that in the event
and easement areas lands within the pro any °f its water OUA is
areas Property lying and wastewater
shall described above g outside the
grant to OUA, without then DEVELOPER streets
shall g or easements cost or or nee
provided for such Private property" expense to OUA, owner
made easement all such "private installation;
the necessary
such a manner pro erty" i nstallation b
of such as not to P
private manner as interfere with the then primary ar se
of
in as certaining OUA covenants
OUA install g all easement that it will use
area, an y of its facilities locations; however, use due
DEVELOPER, on behalf of outside a dedicated should
a DEVELOPER covenants itself and the easement
and agrees that OUA t be and required
move or relocate any will not be
area so long as the facilities lying outside r equired to
proposed facilities do not a dedicated easement
installed use of the area interfere with the then or
utilized in OUA hereby in which the facilities
Y agrees that all have been
accordance with the established generally
practices of the grants will be
practices the w ater and wastewater and ithrespect
the easement all its water industry with ref accepted
areas; and DEVELOPER wastewater facilities act to the
pursuant easement
the VELOPER in granting in
pursuant
exclusive terms of this instrument g easements any of
non exclusive shall herein, or
to other entit to rights, have the s
other than provide to the Property and easements
water and wastewater service.
party any utility services
SECTION 4. PROVI ION
O F SERVICE. In consideration
upon full compliance
by DEVELOPER with all of the prerequisites to be
contained in this Agreement, and all performed
that it will allow t and R esolutions, applicable OUA
wa he connection OUA covenants bud
collection facilities of the water DEVELOPER agrees
central water and wastewater installed and
the terms facilities A D EVELOPER to the
the
accordance intent of this A of Such in accordance with
Health with rules Agreement. Such collection shall be
and Rehabilitative Servdices regulations of the (HRS) and the Florida De Department of
Partment
Walgreen /8 -4 -98
uUa1 Protection (FDEP)
provides water OUA
DEVELOPER wastewater agrees that, once it and
or others have service to the Property,
Water and or other Wastewater connected customer installations to the
initial cost and expense, y em, but thereafter OUA will t its
applicable rates, in return Provide, at its
applicable
to the fees, and charges and in for payment of all
applicable other accordance with
laws, including regulations visions of this and
schedules, water and wastewater service to the A greement, and of
to conform with and rate
all re Property
Loving jurisdiction requirements of n t in a manner
having jurisdiction o over the all governmental wastewater
Aeration of OUA, water distribution and wastewater r
NVEYANCE nF UL.5 D VIEW
FACILI
facilities To induce OUA to
and to provide customer located provide water and wastewater
ted on the with
water and wastewater locat
agrees to services, DEVELOPER hereby Property with
agrees
to pay for the construction and to Y covenants and
contr on-site OUA as a Contribution transfer ownership
and off -site water distribution and wastewater c and
in- Aid -of- Constructio
systems referred to in the Special the
systems
r ..B., Conditions attached ollection
ached hereto as
and s 5,2. DEVELOPER shall pay OUA to review engineering
pecifications L E he te showing the on-site yPe and in the form plans
OUA, wastewater collection and off -site as Prescribed nd
s systems water distribution add
to the Propert proposed to be installed to of
any ice• OUA will advise DEVELOPER'S Provide
and sizing 95-10, as amended from time ng requirements as mandated by engineer 95-9
OUA Resolutions
pl and s pecification s to time, Nos. 95_g
plans for facilities within tthe preparation of
Property, r, such detailed plans may
and subsequent phases may Y be furnished from a phase of the
each such phase, if applicable, Y be furnished from time to time.
plan for the development of the shall conform to
be l
plan submittehe development elo concurrent with or a master
Property and such master plan shall
for the first phase.
fo Prior to submission of
fo bmitted to All such plans and s plans
OUA and no construction shall commence until
approved such plans and specifications in writing. specifications shall be
a pprov ed shall cause O has
the water to be constructed DEVELOPER' Ling. After approval,
distribution and wastewater at collection systems s s sho e,
on all plans and s
pecifications. as shown
and wastewater During the construction
collection systems of the water distribution
right to inspect such installation on by DEVELOPER
plans OUA shall with the
and s pecification s determine h compliance with the
installation, and further, adequacy of
tests for shall be entitled hto p e r fo r y to the
normal o pressure, filtration, line and and l other
nogineers engineering tests required by grade, and dll
en i nA u o g practices. Complete as -built plans shall specifications other
P completion plans sh and /or good
of construction, be submitted
5 -4 Fees will be levied by OUA to cover the cost of
plan review and inspection, as hereinafter set forth.
5'S' By these p
transfer to title resents, DEVELOPER
to all water distribution and wastewater hereby agrees to
Walgreen /8-4_98
3
collection systems installed by DEVELOPER's contractor, pursuant to
.the provisions of this Agreement. Such conveyance is to take
effect without further action upon the acceptance by OUA of the
said installation. As further evidence of said transfer of title,
and upon the completion of the installation and prior to the
rendering of service by OUA, DEVELOPER shall convey to OUA, by bill
of sale, or other appropriate documents, in form satisfactory to
OUA's counsel, the appropriate on -site and complete off -site water
distribution and wastewater collection system as constructed by
DEVELOPER and approved by OUA, as set forth in this Agreement.
DEVELOPER shall further cause to be conveyed to OUA, all easements
and /or rights -of -way covering areas in which water distribution and
wastewater collection systems are installed by recordable document
in form satisfactory to OUA's counsel. All conveyance of easements
and /or rights -of -way shall be accompanied by a title policy or
other evidence of title, satisfactory to OUA, establishing
DEVELOPER's right to convey such continuous enjoyment of such
easements or rights -of -way for those purposes set forth in this
Agreement to the exclusion of any other person in interest. The
use of easements granted by DEVELOPER shall include the use by
other utilities, so long as such uses by electric, telephone gas
utilities, or cable television do not interfere with use by OUA.
OUA agrees that the acceptance of the water distribution and
wastewater collection systems installed by DEVELOPER, for service,
or acceptance of the bill of sale, shall constitute that assumption
of responsibility by OUA for the operation and maintenance of such
Water and Wastewater System from that date forward.
5.6. All installations by DEVELOPER or its contractor
shall be warranted for at least ONE (1) year from the date of
acceptance by OUA. Mortgagee(s), if any, holding prior liens on
such properties shall be required to release such liens, sub-
ordinate their position and join in the grant or dedication of the
easements or rights -of -way. All water distribution and wastewater
collection facilities shall be covered by easements if conveyed to
OUA and not located within platted or dedicated rights -of -way.
5.7. Whenever the development of the Property involves
one customer or a unity of several customers, and in the opinion of
OUA ownership by OUA of the internal water distribution and
wastewater collection system is not necessary, then, at the sole
option of OUA, DEVELOPER, or its successor or assigns, may retain
ownership and the obligation for maintenance of such on -site
facilities.
5.8. Payment of the Contributions -in- Aid -of- Construction
does not and will not result in OUA waiving any of its rates, rate
schedules or rules and regulations, and their enforcement shall not
be affected in any manner whatsoever by DEVELOPER making the
contribution. OUA shall not be obligated for any reason whatsoever
nor shall OUA pay any interest or rate of interest upon the
contribution. Neither DEVELOPER nor any person or other entity
holding any of the Property by, through or under DEVELOPER, or
otherwise, shall have any present or future right, title, claim or
interest in and to the contributions or to any of the water and
wastewater facilities and properties of OUA, and all prohibitions
applicable to DEVELOPER with respect to no refund of contributions,
no interest payment on said contributions and otherwise, are
applicable to all persons or entities. No user or customer of
Walgreen /8 -4 -98 4
=L allu wastewater services shall be entitled to offset any bill
or bills rendered by OUA for such service or services against the
contributions. DEVELOPER shall not be entitled to offset the
contributions against any claim or claims of OUA.
SECTION 6. EVIDENCE OF TI'T'LE. At the expense of OUA shall order from a title insurer licensed to do business E i nP th
State of Florida, and otherwise acceptable to OUA, a title
insurance commitment ("Commitment")
that portion of the Property which with shall eCbe °subjecttyto dthr
easement(s) for On -Site Facilities he
being granted to OUA pursuant to the termsehereof herein), if Commitmanyent
shall commit to insure title to OUA, in a reasonable amount, and
subject only to those exceptions that shall be acceptable to OUA,
in its sole and absolute discretion. Any by
OUA to be unacceptable shall be removed of record determined
or eotherwise
disposed of in a manner acceptable to OUA prior to the deliver y of
service to the Property. Any lienholder acceptable to OUA and any
mortgagee having an interest in the Property shall be required to
join in the grant of exclusive service rights set forth in this
Agreement and in any document evidencing easement rights granted to
OUA. The Commitment shall be updated prior to issuance of an
policy. e any
SECTION 7. QWNERSHIP OF FA C`TT T TI E n
OUA that all water and wastewater facilitie eyed atoeOUAwfor
use in connection with providing water and wastewater services to
the Property, shall at all times remain in the complete and
exclusive ownership of OUA, and any entit
Property or any residence or building owning any part of the
g constructed or located
thereon, shall not have the right, title, claim or interest in and
to such facilities, or any part of them, for an y
the furnishing of water and wastewater services to other
persons
entities located within or beyond the limits of the Property.
EC'►'TnnT o APP I IAN •F RU E
Notwithstanding n E LA IINS AND RATE
g y provision in this Agreement, OUA may establish,
revise, modify and enforce rules
the provision of water and and
to the rates
Such rules, regulations and rates are subject to the approval OUA Board. Such rules and regulations shall at all times be
reasonable and subject to regulation as may provided PProval of
under contract. Rates charged to DEVELOPER or customers law y located
upon the Property shall be identical to rates charged for the same
classification of service. All rules, regulations and rates in
effect, or placed into effect in accordance with the
shall be binding upon DEVELOPER, upon any entity preceding,
shall
through or under DEVELOPER and upon any customer of the water an
wastewater service provided to the Property by OUA.
SECTTON PI NN m n
owner of any 1 RE D. DEVELOPER, or any
y parcel of the Property, or any
residences or buildings located thereon, shall not have the right
to and shall not connect any customer installation occupant of any
wastewater facilities of OUA until approval to the water has
been granted by OUA. PProval for such connection has
SECTION 10. BINDIN AGREEMENT-
This Agreement shall be binding upon and shall inure tBo the
Walgreen /8 -4 -98
5
of DEVELOPER, OUA and their respective assigns and successors by
merger, consolidation or conveyance. This Agreement shall not be
sold, conveyed, assigned or otherwise disposed of by DEVELOPER
without the written consent of OUA first delay having deny u in d OUA
ag not to unreasonably withhold,
S C'TION 11. NOTICES. Any notice, report, demand or other
instrument authorized or required to be given or furnished
to
hereunder shall be deemed given the same, d (1)
the address of e such
the party intended to receive
party set forth below, on the
days aafterntheesameris depositeddinethe
or (ii) three (3) business
United States mail as first class mail, p ostage paid, return
receipt requested, whether or not the same is by
o such party, r (iii) on s as evidenced by the sender's copy
of same to an n overnight courier,
of the bill of lading issued by such overnight courier.
Okeechobee Developers I, Inc.
To DEVELOPER: 3125 SW Mapp Road
Palm City, FL 34990
Phone: 561- 221
Fax: 561 221
Copy to: Robert Lee Shapiro, Suite 272, 2401 PGA Blvd.,
Palm Beach Gardens, FL 33410
To OUA: OKEECHOBEE UTILITY AUTHORITY
Attn.: Landon C. Fortner, Jr.,
Executive Director
Post Office Box 835
Okeechobee, Florida 34973 -0835
Any party may change the address to be used for notification
purposes hereunder by providing written notice thereof in
accordance with the terms hereof to the other parties.
c�r 12. VAL
•VE AN The rights, privileges,
obligations and covenants of DEVELOPER tYnd C s h a ll c su r iv the
completion of the work of DEVELOPER phase
the water and wastewater facilities and services to any p
area and to the Property as a whole.
TOSECTION 13. EN R A_REEMENT• END ENT ALA
W•
ATRNEY'S EE
FS. This Agreement supersedes all previous
agreements or representations, either verbal or written,
heretofore in effect between DEVELOPER and OUA, made with respect
to the matters heretbetweena teNo
constitutes the agreement
additions, alterations or variations of the terms of this
be
Agreement shall be valid, nor can provisions of the Agreement
waived by either party, unless such additions, alterations,
variations or waivers are expressed in writing and duly signed.
This Agreement shall be governed by the laws of the State of
Florida, and it shall be and become effective immediately upon
execution by both parties hereto. In the event that OUA or
DEVELOPER is required to enforce this Agreement by court proceed
ings or otherwise, by instituting suit or otherwise, then the
prevailing party shall be entitled to recover all costs incurred,
including reasonable attorney's fees.
Walgreen /B -4 -98
6
Walgreen /8 -4 -98
cECTION 14. DI LAIMER LIMITA •N IA =I I
14.1. B.IAIlla. THE PARTIES DEEM EACH OTHER TO BE
INDEPENDENT CONTRACTORS, AND NOT AGENTS OF THE OTHER.
14.2. INDEMNITY. DEVELOPER SHALL INDEMNIFY OUA, ITS
BOARD MEMBERS, AGENTS, EMPLOYEES, CONSULTANTS, AND CONTRACTORS,
FROM AND AGAINST ANY ANPENALTIESIMSUITS�PROCEEDDINGSNAND ACTIONS,
EXPENSES, FEES, FINES,
INRLUNINO ADAO SONS OR DAMAGE TO PROPERTY ROR INJURY PROPERTY RIGHTS DEATH)
HTS THAT MAY ARISE
PERSONS
F
FROM OR BE RELATED TO NEGLIGENT ACTS, ERRORS, OR OMISSIONS OFES,
DEVELOPER, ITS AGENTS, EMPLOYEES, SERVANTS, LICENSEES, INVIT
OR CONTRACTORS OR BY ANY RES OF UNDER
OUA'S CONTRO OR
AND D DEVELOPER OF
DEVELOPER, OR BY DEVELO E
SHALL INDEMNIFY OUA ASIONEDD FROM AND
ALL OTHER ITEMS ABOVE MENT
CONNECTED WITH ANY D COVENANTB R ORPROV
BY DEVELOPER OF ANY PROVISION
CONTAINED IN THIS AGREEMENT CONCERNING ALL OR ANY PART OF OUA
SYSTEM.
14.3. FORCE MAJEURE. NEITHER PARTY SHALL BE LIABLE
`1 116 1
•PONSIBLE TO THE OTOEERTBIgRREQUIRED TOETAKELORETORCOMpLYLWITH
TO TAKE ANY ACT
Alow REQUIREMENTS IMPOSED HEREBY OR ANY INJURY OR BY THOSE
O
AIMING BY OR THROUGH OTHER PARTY, WHICH FAILURE,
NJURY IS CAUSED DIRECTLY OR INDIRECTLY BY FORCE MAJEURE AS
REINAFTER SET FORTH. THE TERM "FORCE MAJEURE" AS EMPLOYED
EIN SHALL MEAN ACTS OF GOD, STRIKES, LOCK -OUTS, OR OTHER
USTRIAL DISTURBANCE; ACTS OF PUBLIC ENEMIES, WAR, BLOCKADES,
�TS, ACTS OF ARMED FORCES, MILITIA,
OR PUBLIC AUTHORITY;
IDEMICS; BREAKDOWN OF OR DAMAGE TO MACHINERY,
PUMPS, OR PIPE
INES; LANDSLIDES, EARTHQUAKES, HURRICANES, FIRES, STORMS,
FLOODS, OR WASHOUTS; ARRESTS, TITLE DISPUTES, OR OTHER
LITIGATION; GOVERNMENTAL RESTRAINTS OF ANY NATURE WHETHER
R
FEDERAL, STATE, COUNTY, MUNICIPAL OR OTHERWISE, C CIVIL I TO
MILITARY; CIVIL DISTURBANCES; EXPLOSIONS;
OBTAIN NECESSARY MATERIALS, SUPPLIES, LABOR OR PERMITS OR
GOVERNMENTAL APPROVALS WHETHER RESULTING FROM OR PURSUANT TO
EXISTING OR FUTURE RULES, REGULATIONS, ORDERS, LAWS OR PROCLAMA
TIONS WHETHER FEDERAL, STATE, COUNTY, MUNICIPAL OR OTHERWISE,
CIVIL OR MILITARY; OR BY ANY OTHER CAUSES,
WHETHER OR NOT OF THE
OL OF
SAME KIND AS ENUMERATED EXERCISENOF WITHIN THE ISRUNABLE
SUCH H PARTY AND D
TO OVERCOME.
14.4. DISCLAIMER OF THIRD PARTY BENEFICIARIES. THIS
AGREEMENT IS SOLELY FOR THE BENEFIT OF AND SHALL BE BINDING UPON
THE FORMAL PARTIES HERETO AND THEIR RESPECTIVE AUTHORIZED
SUCCESSORS AND ASSIGNS, AND NO RIGHT OR CAUSE OF ACTION SHALL
ACCRUE UPON ORTBYA pp,ARTOYNTOHEREOF,
AGREEMENOTROR THE
ADJ BENEFIT
AUTHORI
THIRD PARTY NO
SUCCESSOR OR ASSIGNEE THEREOF.
14.5. DISCLAIMER OF SECURITY. NOTWITHSTANDING ANY
OTHER PROVISION OF THIS AGREEMENT, DEVELOPER EXPRESSLY
ACKNOWLEDGES (1) THAT IT HAS NO PLEDGE OF OR LIEN UUPONP A NY
OR
PROPERTY (INCLUDING, SPECIFICALLY, OUA'S SYSTEM),
PROPERTY, OR ANY EXISTING OR FUTURE REVENUE SOURCE OF OUA
7
k 1,NLLU1)iNG, SPECIFICALLY, ANY REVENUES OR TES, .COLLECTED BY OUA IN CONNECTION WITH OUA'S SYSTEM) ASSSECURITYRFOR
ANY AMOUNTS OF MONEY PAYABLE BY OUA FOR
THAT ITS RIGHTS TO ANY PAYMENTS OR C EDITSTUNDERGTHIS AGREEMEN(2)
ARE SUBORDINATE TO THE RIGHTS OF ALL HOLDERS OF T
BONDS, OR NOTES OF OUA, WHETHER CURRENTLY OUTSTANDING 'T'OORRKS,
R HEREAFTER ISSUED.
M A
SHALL BE NO LIABILITY L ABILITY
WHATSOEVER ON THE PART OF OUA FOR FAILURES
TO PROVIDE WATER AND WASTEWATER SERVICE TO DEVELOPER ACCORDIN
DEVELOPER'S NEEDS OR SCHEDULES, G TO
PROMISE OF GOOD FAITH AND NOT A TIMETABLE EFORNDELIIVERY'T'OFES A
SERVICES. OUA REPRESENTS THAT IT WILL HAVE ADEQUATE CAPACITYLITY UTI
UPON COMPLETIONOF- THE%NEW „PLANT IN; SEPTEMBER TO SERVE THE
PROJECT AND THERE IS NO LEGAL PROVIDING
SERVICE. L PROHIBITION AGAINST IDING
aE TTON 1S. N_:
DEVELOPER, AS A FURTHER CONSIDERATION FOR THIS AGREEMENT, AGR
THAT IT SHALL NOT (THE WORDS "SHALL NOT” BEING USED IN A EES
MANDATORY DEFINITION) ENGAGE IN THE BUSINESS OF PROVIDING WATER
AND WASTEWATER SERVICE TO THE PROPERTY DURING THE PERIOD OF TIME
OUA, OR ITS SUCCESSORS AND ASSIGNS, PROVIDES WATER AND WASTEWATER
SERVICE TO THE PROPERTY, IT BEING THE INTENTION OF THE PARTIES ME
HERETO THAT THE FOREGOING PROVISION SHALL BE A COVENANT RUNN
WITH THE LAND.
PROVISIONS OF THIS UNDER
MENT, OUAISHALLDHAVEOT E SOLE OTHER AND ING
EXCLUSIVE RIGHT AND PRIVILEGE TO PROVIDE WATER AND WASTEWATER
SERVICE TO THE PROPERTY AND TO THE OCCUPANTS HE SOLE AND
BUILDING OR UNIT CONSTRUCTED THEREON. O F EACH RESIDENCE,
SECTION 16. RECORDA ION.
executed co N The parties hereto agree that an
py of this Agreement and Exhibits attached hereto
shall be recorded in the Public Records of Okeechobee County,
Florida, at the expense of DEVELOPER.
SECTION 17. SEVERABILITY.
found invalid or unenforceable by If any part of this Agreement is
unenforceability shall not affect the other sr o th or
Agreement if the rights and obligations of the parties this
therein are not materially prejudiced, and if theintentionslofd
the parties can continue to be effected. To that end, this °f
Agreement is declared severable.
SE TION 18. AUTHORITY TO E
by any person to this Agreement shallEbe deemedT p
a Trs o
signature
warranty by that person that he has the full power and authorit
to bind any corporation, partnershi
entity for which he P, or any other business Y
purports to act hereunder.
SECTION 1 CAPACITY. The execution of this Agreement
between DEVELOPER and OUA does not constitute a s eci
tion of capacity by DEVELOPER P fic reserva-
and OUA does not hereby guarantee
that capacity will be
available for DEVELOPER'S project at any
later date. Any specific reservations of capacity must be
detailed within the body of this Agreement, heading
"Special Conditions," and such capacity shallnbersohreserved,
contingent upon the receipt of the approved FDEP Permits,
for a
Walgreen /8 -4 -98
8
definite period of time only upon the payment of appropriate fees
.and charges or negotiated between the parties, by DEVELOPER to
OUA. Said fees and charges shall also be set forth in Exhibit
"B" hereto.
SECTION 20. SPECIAL CONDITIONS The following Special
Conditions are mutually agreed between DEVELOPER and OUA:
SEE EXHIBIT "B" ATTACHED TO AND INCORPORATED IN THIS AGREEMENT
IN WITNESS WHEREOF, DEVELOPER and OUA have executed or have
caused this Agreement, with the named Exhibits attached, if any,
to be duly executed in several counterparts, each of which
counterpart shall be considered an original executed copy of this
Agreement.
ATTEST:
LANDON C. FORTNER, JR.
(Official Seal)
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
,Q The forego i;lg inptrument was acknowledged before me
this
/0 day of n 1998 KIM COLLIER,
Chairperson on behalf f The OUA. Said person (check one) 0 is
personally known to me, 0 produced a driver's license (issued by
a state of the United States within the last five (5)years) as
identification, or 0 produced other identification, to wit:
Print Name:
Notary Public, State
Commission No.:
My Commission Expires:
Walgreen /8 -4 -98 9
EE UTI I AUTHORITY
C. Collier, Chairman
BERNICE ELDHRS
Comm Exp. 9/02/99
ded By Service Ins
or CC477852
Kamm I JOesel.D.
APPROVED AS TO FORM AND
CORRECTNESS:
Attorney
I1 /r G 'G
Print Name:
Print Name:
STATE OF FLO
COUNTY OF
The foregoing instrument was acknowl-
this d of l�ctid" before
1998, by
as dI
corporation. Said person
personally known to me, P (check one) is
a state of the United States within a the l last sfive license (5) (issued by
dentification, or produced other identification( to wits) as
guar
OMP
Print Name:
Notary Public, State of Florida
Commission No.:
My Commission Expires:
Walgreen /8 -4 -98
10
DEVELOPER•
Okeechobee Development I, Inc.
By
Print Na e:
Its
LCLLL
P re._siel 1-
[Corporate Seal]
Y KAREN M SASS
i. .4 q My Commission CC560498
a, I
M o~ Expires Jun. 10, 2000
4 or ro
The undersigned, as owner and holder of that certain
Mortgage (the "Mortgage dated 199, recorded in
Official Records Book Page Public Records of
Okeechobee County, Florida, hereby joins in the execution of the
foregoing DEVELOPER Agreement to consent to the terms and
conditions set forth therein and to make the lien of the Mortgage
and the security interest in any personal property, as it may be
modified and /or assigned in the future, subject, subordinate,
junior and inferior to (a) the DEVELOPER Agreement, and any
amendments thereto in the future, (b) the easements, rights and
obligations granted or created, or contemplated to be granted or
created thereunder, and (c) the utility facilities contemplated
to be transferred to OUA thereunder, if any.
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me
this day of 1998, by
as of
corporation. Said person (check one) is personally known to
me, produced a driver's license (issued by a state of the
United States within the last five (5) years) as identification,
or produced other identification, to wit:
Walgreen /8 -4 -98
By:
Its:
[Corporate Seal]
Print Name:
Notary Public, State of
Commission No.:
My Commission Expires:
JOINDER
11
Wa lgreen /8 -4
EXHIBIT _2A1
SAL DES RIPTI N
Block 155 Lots 1 through
35E, City of Okeechobeegh 12, Section
16, Township 37S, Rang
EXHIBIT "B
12
SPECIAL CONDITIONS
The following Special Conditions set forth in this Exhibit "B"
are attached to and incorporated in that certain Okeechobee Utility
Authority Water and Wastewater System Standard DEVELOPER's
Agreement (the "Agreement by and between OKEECHOBEE DEVELOPMENT I,
Inc., hereinafter referred to as "DEVELOPER and OKEECHOBEE
UTILITY AUTHORITY, hereinafter referred to as "OUA."
1. Site Area Map. Attached to the Agreement as Exhibit "C"
and made a part thereof is the Site Area Map.
2. Contributions -in- Aid -of- Construction.
a. Plans. All of DEVELOPER'S construction of utility
facilities, whether on -site or off -site, whether conveyed to
OUA or not, shall be in accordance with the original plans
prepared by Jeff H. Iravani, Inc., Consulting Engineers
dated May 8, 1998 and designated as Project No. 9701 -418
(the "Plans as the same may be revised by OUA prior to
final approval.
b. On -Site Facilities. Notwithstanding anything to
the contrary set forth in the Agreement, DEVELOPER shall
provide, install, convey and dedicate to OUA all water
mains, wastewater collection mains located within easements
and /or public right -of -way, together with all appurtenances
thereto, in accordance with OUA's standards and
specifications and OUA's Resolutions, as shown on Exhibit
"D" and more particularly described on the Plans.
c. Off -Site Facilities. Notwithstanding anything to
the contrary set forth in the Agreement, DEVELOPER shall
provide, install, convey and dedicate to OUA all water
mains, wastewater collection mains located within easements
and /or public right -of way, together with all appurtenances
thereto, in accordance with OUA's standards and
specifications and OUA's Resolutions, as shown on Exhibit
L D' and more particularly described on the Plans.
3. Pursuant Paragraph 5.4 of the Agreement, recording,
administrative, inspection and title insurance fees are to be
paid by DEVELOPER, concurrently with execution of this Agreement,
as follows:
A. Document Recording Fee: (Based on 17 pages)
As per Resolution 95 -10 $10.00 per page
B. Inspection Fees: (Estimated Hours 20 Hr.)
As per Resolution 95 -13 $20.00 per hour during
Regular Office Hours.
C. Administrative Fee: (Cost to cover processing of
Agreement and project tracking through
Certificates of Occupancy)
D. Title Insurance Fee: (Including $150.00
search fee)
Walgreen /8 -4 -98
TOTAL
170.00
400.00
250.00
-0-
820.00
4. Notwithstanding the fact that this Agreement is being
executed solely in connection with the
wastewater service to Provision of water and
acknowled es the Property by OUA, DEVELOPER
acklowledg understands and agrees that OUA is the sole and
exc
areas Uerof water and wastewater services within the
service areas n g provi sions s utility systems. Accordingly,
of wi ts A to the contrary set forth in Section 3
greement, DEVELOPER shall not have the right to grant
any rights, privileges or easements to any
provide water and wastewater service to the oth entities to
Additionally, notwithstandin perty.
in Secti y, of wit A g language to the contrary not engage greement, DEVELOPER a rees set forth
shall not cintthehbusiness of g (a) that it
was successors and assigns, providing water and OUA,
rovidedan utility yeserd vices tt he
Property, the foregoing being any utility services to the
a(b) OUA, its successors and assinnst running
and dlusive right and g shall havetthehsolenand
excusi o the Pnd p to provide water and wastewater
service buildin t Y and t the occupants of each residence,
g or unit constructed thereon.
5. i
Notwithstan
Agreement, DEVE thsta d ge ring, provisions of Section 19 of the
the approved FDEP Permits, 1 5 g contingent upon the receipt of
equaling 02 -0_ average gallons per day,
set forthh on ScrERC's (the Reserved ERC's"
hargs shown on dallt l he eto. as calculated and
Provided DEVELOPER (a) pays the
conditions set forth in the Agreement, (Plies with all the terms and
provisions of OUA's applicable and complies with all the
modified or amended, DEVELOPER shalluhave, the rfig ht to same o may be
the Reserved ERC's so long utilize
and Wastewater System to g as DEVELOPER connects to OUA's Water
years from the dateofttheze the Reserved ERC's within two
(2) years from
Section e4. Agreement. Notwithstanding
pao and Section 14.6 and subject to the provisions of tthis that
capacity reserved of the Agreement,
by DEVELOPER shall be available attoe DEVELOPER he
when needed; provided, however,
is not available to DEVELOPER that in the event such ca
the not
of OUA s liabilit exceed
charges for plant capacity shall paid by
y ceed
pthereon. lines
paid
DEVELOPER to OUA,- without interest
Wa lgreen /8 -4 -98
14
The total of $_6,648 87 for water and sewer service shall be
paid prior to the installation of the water meter and connection
to the sewer service. Projected Average daily flow per lot
equals 250 gallons per day. The total charge for each lot
consists of the following:
1. WATER SERVICE•
DEVELOPER shall install one 1 inch water service lines
from the water main to property line including
corporation stop, service tubing, with casing under
paved road when appropriate, angle valve and meter box.
OUA to set meter after fees are paid.
Installation fees
Capital Connection char e 150 00
(6.02 ERC's X $500.00) 3. 0 1 0�
1 Inch RPZ Backflow Device
Installed by OUA 2 0 6
6 Inch Fire Sprinkler Line
Installed by Developer -0
2. SEWER S RVI F-
DEVELOPER shall install sewer service lines from the
main sewer line to property line including a clean
out at the property line and extended up to finish
grade.
Installation fees
Capital Connection Charge 2 760 18
(6.02 ERC's X $459.00)
3. DEPOSIT FOR ERVT
Minimum
Additional Deposit may be required if 00
3 highest monthly bills exceed $375.00
Walgreen /8 -4 -98
TOTAL
PAYMENT S HED 7t E
15
SCHEDULE
Walgreen /g_4_9
16
SLR
trl"
r lin:
�S R T o
t
NE PARK
ST (70
SE 2,
Spr
September 26, 1997
Mr. John Cook
City Attorney
The City of Okeechobee
55 SE 3rd Avenue
Okeechobee, Florida 34974
Re: Relocation of Facilities
Dear Mr. Cook:
Leslie F. Klinger
Attorney
Sprint TELECENTERs Inc.
2301 Lucien Way, Suite 400
Maitland, Florida 32751
Voice 407 661 0568
Fax 407 661 0237
Pursuant to our telephone conversation, this letter shall confirm Sprint Florida, Incorporated's
"Sprint position with respect to The City of Okeechobee's, "The City") request for the
relocation of Sprint facilities currently located in the alley behind Okeechobee Motors. The
relocation is being requested for the sole purpose of preparing the area for development by
Walgreen Company, a privately held legal entity.
Pursuant to the Franchise Agreement entered into by and between The City and Sprint f/k/a United
Telephone Company of Florida dated June 20, 1983 "Agreement in consideration of Sprint
paying to The City an annual sum equal to one percent (1 of Sprint's gross annual recurring
local service revenue generated from business and resident subscribers located within the corporate
limits of The City, The City granted to Sprint the right, privilege and franchise to construct,
maintain and operate communications systems in, over, upon, under and across the present and
future streets, alleys, avenues and other public places in The City. While the Agreement provides
that The City maintains control of the distribution of space in, over, upon, under and across the
streets, avenues, alleys and other public places, the Agreement specifically provides that Sprint
would only be required to remove, reconstruct or relocate its property and facilities if the
accommodation by the utility was required for the reasonable protection of the public health, safety
and welfare of the community.
Consistent with the Agreement, Florida Statutes provide, in pertinent part, that a utility may have
to relocate its facilities at its own expense if its plant is found to be unreasonably interfering with
the convenient, safe, or continuous use, maintenance, improvement, extension or expansion of the
public road. In essence, when expansion, extensions or other modifications of the public roadway
take place, the utility and not the public body is to bare the cost of relocation. However, Florida
Statues "by its own terms applies only to circumstances where a public body or authority elects to
take action requiring utilities' facilities relocation Century Construction Corp. v. Central
Telephone Co., 370 So2d 825 (Fla.lst DCA 1979). In the case in hand, the decision to modify the
alley was made by the developer and not a public body.
The District Court of Appeal in Century held that where the relocation of utility facilities is not the
result of a legitimate exercise of police power of a public entity for the benefit of the general
public, the utility shall not be liable for costs incurred in performing the relocation of facilities.
The issue is the same as perceived by the Fourth District Court of Appeal of Florida in Oriole
Homes Corp. v. Bellsouth Telecommunications, Inc., 641 So2d 504 (Fla 4th DCA 1994); whether
the decision to make the modification to the road was the private developer's or the public
authority's. In Oriole, as in the instant case, the decision to expand or extend said roadway was
made by the developer for its private benefit. As in Oriole, the alley would not be modified but for
the development of Walgreen and therefore, the cost incurred by Sprint to remove and relocate its
cable should be borne by the developer, Walgreen Company.
The following is a cost quote which includes all direct and actual expenses anticipated in the
relocation of said facilities:
Labor $150,762
Material $51,151
Total $201,913
The above costs reflect the following: two poured in place manholes, one in the East side 44IN
parking lane and the second within N.W. 2nd Street right -of -way. Open cut U.S. 441N and place
approximately 152 feet of (8) 4" ducts between the existing and proposed manholes. Open cut and
place, approximately 130 feet of (7) 4" ducts from the proposed manhole in N.W. 2nd Street to
441N right of way then a 16" casing bored 100 feet across 441N with seven (7) 4" ducts to the
new manhole in 441N. Placing copper and fiber optic cables, of like size as existing, within the
proposed construction and removal of all cables from existing structures. The existing manhole
and duct system on site will be removed. Work within Florida Department of Transportation
(FDOT) rights of way will conform to FDOT requirements.
Walgreen Company has been provided the cost quote as well as an Agreement for Custom Work
between Sprint Florida, Incorporated and Walgreen Co. Once the Agreement for Custom Work
has been duly executed by the parties, the relocation design shall proceed within thirty (30) days
thereof
Should you have any questions with respect to Sprint's position in this matter, please do not
hesitate to contact me at your convenience.
Very truly yours,
Sprint TELECENTERs Inc.
Leslie F. Klinger
Attorney
Enclosure
johncook.doc
AGREEMENT FOR CUSTOM WORK
BETWEEN
SPRINT- FLORIDA, INCORPORATED
AND
WALGREEN CO.
This Agreement is entered into this day of
between Sprint Florida, Incorporated ("Sprint-Florida") 1997, by and
offices located at 555 Lake Border Drive, Apopka, Florida, and Walgreen Co with principal
with principal offices located at "Walgreen
Florida.
RECITALS
A. Walgreen is planning to construct a retail establishment with parking on the Okeechobee
City block bordered by S.R. 15 eastside, S.R 70 sorthside N.W. 2nd Avenue wetside and
N.W. 2nd Street northside.
B. Sprint Florida has cabling and facilities located in this area which will be in conflict with
the proposed construction.
C. Sprint Florida is willing to relocate these facilities and Walgreen is willing to pay for such
construction associated with the relocation.
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein,
the parties agree as follows:
1. place Sprint-Florida lace communications cable and facilities currently located within the
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easement area of the commercial plaza in accordance with the print attached hereto as Exhibit
2. Sprint Florida shall, within a reasonable period after receipt of written request from
Walgreen, relocate said facilities to another mutually agreed upon location in public rights of
way or within Walgreen's premises "Easement Area"
said facilities: (a) Walgreen shall pay to Sprint Florida the full provided expected cost t of the relocation of the relocation
as estimated by Sprint- Florida; and (b) Walgreen shall execute and deliver to Sprint Florida,
at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the
completion of the relocation, the easement herein shall be considered canceled as to the portion
vacated by such relocation.
3 Walgreen covenants not to interfere with Sprint Florida's facilities within the Easement
Area in Walgreen's premises, and Walgreen further covenants to indemnify and hold Sprint
Florida harmless from any and all damages and injuries, whether to persons or property,
resulting from interference with Sprint- Florida's facilities by Walgreen or by Walgreen's
agents or employees.
4 Sprint Florida shall use its best efforts to time and coordinate such placement to coincide
with Walgreen' development schedule.
5. Sprint Florida estimates the cost of the cable placement as depicted in Exhibit "A" to be
and Walgreen agrees to pay all costs of such placement. Specifics of these co st
estimates are contained in Exhibit "B Any cost in excess of the estimated quoted herein
shall be strictly accounted for by Sprint Florida.
6. Upon completion of the construction, Sprint Florida shall submit an invoice to Walgreen reen
which shall document the costs incurred in the particular placement. Walgreen shall pa such
invoice within thirty (30) days of the date of said invoice. y
7. This Agreement is not terminable. In the event Sprint- Florida has initiated work under
this Agreement and Walgreen does not proceed with its development, Walgreen shall be liable
for actual costs incurred by Sprint Florida as outlined and identified in this Agreement.
8. In the event Sprint Florida's invoices are not paid when due, Sprint Florida shall be
entitled to interest on said unpaid amounts at the highest rate permitted by law from the due
date until paid in full. In addition, Sprint Florida shall be entitled to all reasonable costs of
collection, including without limitation, attorneys' fees.
9. This Agreement represents the entire agreement of the parties and supersedes all rior
written or oral understanding, representations and agreements. p
10. This Agreement shall be signed by an officer of Walgreen and proof of his/her authority
to bind the corporation shall be provided upon execution of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first
written above. Y
Sprint Florida, Incorporated
By as its
Date:
Walgreen Co.
B y: as its
Date:
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FRANCHISE AGREEMENT
THIS AGREEMENT entered into this 20th day of June
1983 between the CITY OF OKEECHOBEE, FLORIDA, a political subdivision of the
State of Florida (hereinafter called Grantor) and UNITED TELEPHONE COMPANY
OF FLORIDA, a corporation•organized and existing under the laws of Florida
(hereinafter called Grant ?e),
WITNESSETH:
A. Considerati-n:
1. In consideration of the construction, maintenance, and
operation of telephone lies and other facilities heretofore established
by the Grantee and to hereafter be established and maintained and as herein
provided for the benefit aid convenience of the inhabitants of the Grantor,
and mutual covenants herein contained, and;
2. In consideration of the Grantee paying to Grantor an annual sum
equal to one percent (10 of the Grantee's gross annual, recurring local
service revenue generated from the conventional business and residence sub-
scribers located within the corporate limits of Grantor, which annual sums
due Grantor shall he 2a1i on or before the 1st day of March of each year for
the preceding calenda .war, it being agreed that should the Florida Public
Service Commission approve tariff charges of operating telephone companies
increasing the one percent 1 limitation this Franchise Agreement will be
subject to renegotiation at the request of either party, by giving the other
thirty (30) days notice in vriting.
B. Grant of Franchise:
1. The Grantor does hereby grant to the Grantee, its successors
and assigns the right, privilege, and franchise (not exclusive) for a period
of fifteen (15) years ''rori acrd after the effective date of this Agreement to
construct, maintain, and operate a communications system or systems in, over,
upon, under, and across tare present and future streets, alleys, avenues,
easements for public utilities, highways, bridges and other public places in
the City of Okeechobee, F''orida, any and all necessary telephone, telegraph,
telephonic radio and other methods and means of communication, together with
all necessary or desirable poles, towers, cables, wires, transmission lines,
and all necessary or desirable appurtenances thereto, for the purposes of
supplying telephone, telegraph, telephonic radio, or other means of commun-
ication services to Grantor, and its successors, the inhabitants thereof,
and the persons and corporations beyond the limits thereof, for domestic,
commercial and other purposes. Grantee agrees to install all new service
in the City of Okeechobee underground after August 1 1983, except in
those instances when the placement of underground facilities cannot be
economically justified or when such placement would create an economic burden
on the citizens of the City of Okeechobee as part of the general body of
telephone subscribers.
C. Hold Harmless:
The Grantee hereby covenants and agrees to hold the Grantor
completely harmless and to indemnify it from any and all liability, loss
and damage to persons and property of every nature whatsoever resulting
from the Grantee's operations and facilities of every nature whatsoever,
including, but not limited to, the operation, placing, maintenance, and
repair of the Grantee's equipment, poles, lines, guy wires, conduits and
holes and declivities and breaks in pavement and other changes or alterations
in the streets, sidewalks and property of the Grantor arising therefrom.
D. Interference:
It is agreed that poles, towers, and wires and other equipment of
Grantee shall be located so as to interfere as little as practicable with
normal use of said streets, avenues, alleys, highways, bridges, and other pub-
lic places, and so as to preserve reasonable means of egress and ingress to
abutting property.
F. Control and Regulation of Use of Public_Property:
1. This Agreement is made subject to the right of the Grantor
to at all times control the distribution of space in, over, upon, under and
across the streets, avenues, alleys, and other public places of said Grantor;
to make such reasonable regulations affecting and governing the use of said
streets, alleys, avenues, and other public places by said Grantee, and its
property and appliances as may, in the opinion of the Grantor and its govern-
ing body, be required for the reasonable protection of the public health,
safety, and accommodation of the community; and, when in the opinion of the
Grantor and its governing body the public necessity or reasonable convenience
so requires, to demand the removal, reconstruction or relocation of such
property and facilities.
F. Restoration:
Grantee shall properly replace or repair any sidewalks or street
that is displaced, destroyed, or damaged by the Grantee in construction,
establishment, use of maintenance of its poles, lines, conduits or other
systems and equipment; and upon failure to do so after ten (10) days notice
in writing, shall have been given by the duly constituted authority of the
Grantor to the said Grantee, the Grantor may repair the sauce at the cost of
the Grantee.
G. Effective Date and Termination:
This Agreement shall be effective from __August 1 1983 and
shall terminate on July 31 19 98
WHEREFORE, we hereunto set our hands and seals the clay first appearing
g
ATTEST:
CITY OF OKErCII0U[1:, FLORIDA
Grantor
By:
UNITED TELEPHONE COMPANY OF FLORIDA
Grantee
By: d f
ice President of Customer Svc.
UNITED TELEPHONE COMPANY OF FLORIDA
BCX 1028 AVON PARK, FLCRIDA 33825
July 6, 1983
Richard Fellows
City of Okeechobee
55 SE 3rd Av., City Hall
Okeechobee, FL 33472
Dear Mr. Fellows:
Enclosed is your copy of the Okeechobee Franchise which has been approved
by our Vice President /Customer Service.
I would like to thank you for your cooperation with this matter. We are
looking forward to working with the City of Okeechobee in the future.
Sincerely,
Gam
7
C. T. Savage
District Customer Service Manager
CTS:kw
Enclosure
A UNITED T' r COM COMPANY
United Telephone System
WRITER'S DIRECT DIAL NUMBER
452 -3250
Together with all the tenements,
rtmarnls ctrl a mrlrnnnces thereto belonging or in any.
wise appertainin get
To }lane and }old
to 1 .1e saute in e f
C f c simply lover.
'7 r nd /Ie grantor hereby covenants with said grantee that it is lawfully seized of said la in fee
flood right and lawful authority to sell and conve y said /noel: that it hereby fully war-
r rnrl
l --f/E title to said land and will defend the same against the lawful claims of all persons whomsoever'
artd:111i1 said la is free of all encumbrances
t;
WARRANTY DEED
FROM CORPORATION
This Warranty deed Alada a exacnted the
OKEECHOBEE MOTOR COMPANY
a corporaliort existing under the laws of
business at Okeechobee,
hereinafter collar/ the grantor, flrantor, fo D. R. WATFORD, SR. &MARTHA B. WATFORD►
whose poslofftrr address is
Okeechobee, Florida
hereinafter called the grantee:
(Wlrrrevrr u serd herein the rms "an and "vrantre" inrhrtlr
the heir,, leg(al rry te and g(r aa'g( rt" m of indiritfua)C, ■nd the
fJ r
rtncsseth. %u11 the prrttlor, for and in consideration
valuable considerations, receipt whereof is hereby acknowledged,
alien, remise, release, convey and confirm unto the grantee. all
County, Florida, viz:
in UUltness .tllicreof the grantor has caused these presents to
be executed In its name, and its corporate seal to be hereunto affixed, by lts
proper officers t'reurllo duly authorized, the day and year first obol'e written.
✓t�CK� LtJ�
OKEECHOBEE MOTOR COMPANY
(CORPORATE SEAL)
d, sealed
d eta deli
lS d)
i
'J 3 0
Se etary
'erorl in the preset a of:
t
DREW'S FORM R.F. 33 Manufactured and ler 'ale by The
J IaCI.onvIlte, f t W. t• Drew Company �In lerlda
119
BE PACE 871
30th day of April A. D. 19 70 by
Florida
xn ap,,rarrrl D. R. Watford Marth
Ur
a B. Watford
well known to are to hr the
President and Sec .-Treasurer
in the bumming need. and that they severally ark nnwled,rd v.-set-mina the same in the presence
under authority duly tester' in them by said corporation and that the seal affixed thereto is the
J l"1'' 'dry, hand and official seal in the County and State last aforesaid this
r 1
Not
My
0
and /saving its principal place of
His Wife,
anrll 1 he parties In Ibis in.lnnnr and
and as,ign of rorpnrnti ane)
of the stun of 10.00 and o! /tar
by these presents done grant, harnaln,sell,
that certain land situate in
O keechobee
Lots 3, 4, 5, 6, Block 1 55, City of Okeechobee;
Alley running North South between Lots 1, 2, 3 on
East and Lot 4 on West, Block 1 55, City of Okeechobee;
Lots 8 9, Less North 20 Ft. of Lot 8, Block 141,
City of Okeechobee;
All in the City of Okeechobee, Florida according to
plat thereof recorded in office of Clerk of the
Circuit Court of Okeechobee Couty, Florida.
President
STATE or Florida
COUNTY OF Okeechobee
1 55I.Rf;Ity CERTIFY that on this day, before me. an officer duly authnrired in the Slate and County aforesaid to take n,k n n wlydvu,,.,,
resperlitely .1 the corporation mimed •s grantor
of two subscribing( witnrnn freely •nd voluntarily
true corporate seal a( said corporation.
h da or April A. n. 1170.
iv Pub!' State of nor' a at Large
onto n Expires April 7, 1971
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NO OBJECTIONS OR COMMENTS FOR ALLEY CLOSING REQUEST
Authorized Signature
1
Authorized Signat
APPLICATION APPROVED BY:
in
12/4/97
Date
Charles Elders, Public Works Director
Typed Name Tide
APR
NO OBJECTTONS OR COMMENTS FnR AT CLOSING REQUEST.
R. Farrenkopf. Police Chief
Typed Name Title
NO OBJECTTONS OR COMMENTS FnR AT.T.F.Y CLOSTjr_ REQUEST.
Keith Tomey, Fire Chief
Typed Name Title
12/4/97
Date
12/3/97
Date
BONNIE S. THOMAS, CITY CLERK ATE
i
i
Please type or print:
TRE
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GE�?�aiuti
fotitmunicririfnct
T i--E EAST 1 1,v EST ts.bo
Fool VJ t7E ALt,i;' G t
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SIGNAT OF APPLICANT:
CITY OF OKEECHOBEE
STREET OR ALLEY CLOSING APPLICATION
oK GE o�E� 17 E-\IEt- OPKlE►-1T Z t 1-1.C.
3125 MAPp taoAt7
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APPLICATION NO,
es
14CG0 tzt 21 t.t F, T p Tt-f E PLAT Ti-f E iaEoc
SIGNATURE OF CO- APPLICANT:
50
me this 221/1d 6tztt f 1
(date)
who is personally known to me or
The foregoing instrucment was acknowledged before
lA14
and
(applicant) (co- applicant)
who produced as identification and who did (did not) take
oath.
SI r
KAREN M SASS
My Commission CC560498 (signature)
Expires Jun. 10, 2000
Vic (Name of Notary typed, printed or stamped)
N ary Public, Commission No. CO- 5 4C(8