2013-10-01CITY OF OKEECHOBEE
OCTOBER 1, 2013 REGULAR CITY COUNCIL MEETING
55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974
SUMMARY OF COUNCIL ACTION
PAGE 1 OF 7
II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II
CALL TO ORDER - Mayor.
October 1, 2013, Regular City Council Meeting, 6:00 p.m.
II. OPENING CEREMONIES:
Invocation given by Rev. Edward Weiss, Church of Our Saviour;
Pledge of Allegiance led by Mayor.
III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Kirk
Council Member Mike O'Connor
Council Member Devin Maxwell
Council Member Dowling R. Watford, Jr.
Council Member Clayton Williams
City Administrator Brian Whitehall
City Attorney John R. Cook
City Clerk Lane Gamiotea
Deputy Clerk Melisa Jahner
Police Chief Denny Davis
Fire Chief Herb Smith
Public Works Director David Allen
IV. PRESENTATIONS AND PROCLAMATIONS - Mayor.
A. Present a Ten -Year Longevity Service Award to Sergeant Phillip
"Skip" Eddings.
Mayor Kirk called the October 1, 2013, Regular City Council Meeting to order at 6:00 p.m.
The invocation was offered by the Very Reverend Edward Weiss, from the Church of Our Saviour; Mayor Kirk led the
Pledge of Allegiance.
City Clerk Gamiotea called the roll:
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
In recognition of Mr. Phillip "Skip" Eddings ten years of employment, Mayor Kirk presented a framed Certificate of
Longevity Services, which read, "In recognition of your ten years of service, hard work, and dedication to the City of
Okeechobee, its citizens, and your fellow employees, September 24, 2003 to September 24, 2013." The commendation
included an embossed leather portfolio. Mr. Eddings thanked the Council, and stated he looked forward to many years
with the department.
149
150
OCTOBER 1, 2013 - REGULAR MEETING- PAGE 2 OF 7
II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II
V. MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of Council Member O'Connor moved to dispense with the reading and approve the Summary of Council Action for the
Council Action for the September 17, 2013 Regular Meeting and September 17, 2013 City Council Regular Meeting and Final Budget Public Hearing; seconded by Council Member
Final Budget Public Hearing. Williams. There was no discussion on this item.
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
VI. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda.
agenda. III Council Member O'Connor requested to add discussion for the sale of City property on the North side of proposed Park
at Southeast 6" Avenue and Southeast 71� Street. Mayor Kirk added this request as New Business Item F.
VII. UNFINISHED BUSINESS.
A. Discussion for motion on the floor made by Council Members
Mayor Kirk opened the discussion, motion on the floor postponed from September 17, 2013, made by Council
Williams and Maxwell to adopt proposed Resolution No. 2013-06,
Members Williams and Maxwell to adopt proposed Resolution No. 2013-06, releasing to FDOT, easements for Blocks
releasing to FDOT easements for Blocks G, L, E, R, and P of
G, L, E, R, and P of FLAGLER PARKS, City of Okeechobee, Plat Book 5, Page 5, and authorizing the Mayor to
FLAGLER PARKS, City of Okeechobee, Plat Book 5, Page 5, and
execute a Quit Claim Deed for the SR 70 Improvements Project.
authorizing the Mayor to execute a Quit Claim Deed for the SR 70
Improvements Project - City Attorney (Exhibit 1),
Council Member Maxwell called to attention that it appeared the City may not be receiving their fair share in lieu of
losing a portion of the City Parks along North and South Park Streets. Many initial design items have been deleted
or decreased. In an attempt to clear up the matter, he requested the following documents from FDOT, the Title Search
Report and Muniments of title, (if any) that were used to determine the ownership interests of the property needed for
Right -of -Way. The appraisal used to value the property to be acquired. The Purchase Agreement tendered to the party
whose interest is to be acquired. The Affidavit of Beneficial Interest draft for the transferring party. The documents that
requested, or resulted in the inclusion of addition Right -of -Way Acquisition funds being added into the current Adopted
Work Program. FDOT responded by letter (submitted to the Clerk for record) that item's one through four would not
be made available. However, any items from five that fall outside of the exemption, Florida Statute 73.015(1)(a) and
(2)(a), will be made available.
Council Member Maxwell further commented that FDOT never conveyed that the City would have to pay for any of
the amenities being requested, such as the patterned pavement crosswalks, or the traffic signal arms being painted.
The scope of the project has greatly decreased, FDOT denies that, but when the original plans are compared to what
is now projected, and bid on, the project can be documented to show significant differences.
OCTOBER 1, 2013 - REGULAR MEETING - PAGE 3 OF 7
151
II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II
VII. UNFINISHED BUSINESS CONTINUED.
A. Discussion for motion on the floor made by Council Members Council Member Maxwell conveyed his objections in the City approving the deeds due to FDOT's failure to be forthright
Williams and Maxwell to adopt proposed Resolution No. 2013-06, in communicating fully with the City. Had the City been aware of all the information, the project could have been
releasing to FDOT easements for Blocks G, L, E, R, and P of approached differently. Concessions were made by the City due to our belief that certain amenities were being
FLAGLER PARKS, City of Okeechobee, Plat Book 5, Page 5, and approved by FDOT. Discussion then turned to whether the approval of the Quit Claim Deed was necessary for the
authorizing the Mayor to execute a Quit Claim Deed for the SR 70 project to proceed. Attorney Cook explained that FDOT can proceed without the deed according to Florida Statute
Improvements Project continued. 11 Chapter 74.
Mayor Kirk remarked that even though FDOT can proceed without the City's approval, they must feel the City has an
interest in the properties or they would not have made the request. Not approving this may send a clear message of
our disappointment on how this was handled.
KIRK - NO MAXWELL - NO O'CONNOR - No
WATFORD - NO WILLIAMS - NO MOTION DENIED.
B. Discussion for motion on the floor made by Council Members Mayor Kirk opened the discussion, motion on the floor postponed from September 17, 2013, made by Council
Maxwell and O'Connor to adopt proposed Resolution No. 2013-07, Members Maxwell and O'Connor to adopt proposed Resolution No. 2013-07, approving a Utility Work Agreement
approving a Utility Work Agreement with FDOT for the SR 70 (UWA) with FDOT for the SR 70 Improvements Project and authorizing Public Works Director David Allen to execute
Improvements Project and authorizing Public Works Director David agreement.
Allen to execute agreement - City Attorney (Exhibit 2). 11
Council asked whether Staff was able to verify the interpretation of the UWA language and when the Okeechobee
Utility Authority (OUA) Work Agreement will be approved. Public Works Director Allen has been in communication with
FDOT and he is confident that the cost to cure is adequate to cover expenses that FDOT might attempt to shift to the
City, such as the replacement of conduits. He was confident the City is not assuming any responsibilities of utilities
that are under the OUA's responsibility. There was not an update offered regarding when the OUA's work agreement
was or is being approved. Based on action taken on the previous item, discussed the necessity to approve this item.
Following discussion, Council noted this resolution and agreement are a different as the Schedule of Items coordinate
with those listed in the Cost to Cure (approved September 17, 2013), and not approving this could be put them in
jeopardy.
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
152
OCTOBER 1, 2013 - REGULAR MEETING- PAGE 4 OF 7
II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II
VIII. NEW BUSINESS.
A. Motion to approve a locally funded Agreement between the City of Council Member Watford moved to adopt proposed Resolution No. 2013-10, approving and authorizing the Mayor to
Okeechobee and FDOT for the patterned crosswalk for the execute a Locally Funded Agreement with FDOT for Crosswalk Improvements in the amount of $68,036.00 within the
proposed SR 70 and Hwy 441 Intersection Project in the amount of State Road 70 Improvements; seconded by Council Member O'Connor.
$68,036.00 City Administrator (Exhibit 3).
Attorney Cook read proposed Resolution No. 2013-10 by title only as follows: "A RESOLUTION OF THE CITY OF
OKEECHOBEE, FLORIDA APPROVINGA LOCALLYFUNDEDAGREEMENT WITH THE FLORIDA DEPARTMENT
OF TRANSPORTATION FOR CROSSWALK IMPROVEMENTS IN CONJUNCTION WITH STATE ROAD 70'
IMPROVEMENTS PROJECT; PROVIDING FOR PAYMENT SUBMITTAL AND PROCEDURES; PROVIDING TO
AUTHORIZE THE MAYOR TO EXECUTE AGREEMENT; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABIL►TY; AND PROVIDING FOR AN EFFECTIVE DATE."
As discussed during Unfinished Business Item A, one of the amenities the City requested during discussion of the
project was to have the crosswalks look like brick pavers located at the main intersection (four crosswalks at State
Road (SR) 70 and U.S. Highway 441), at SR 70 West and 3' Avenue (two crosswalks one for Northwest, the Other
for Southwest), at SR 70 West and 2°d Avenue (one for Southwest only), at SR 70 East and 2nd Avenue (two
crosswalks, one for Northeast, the other for Southeast), and finally at SR 70 East and 31 Avenue (two crosswalks, one
for Northeast, the other for Southeast). This improvement will give the City a 'downtown' aesthetic appeal, with a red
brick type color and pattern. The estimated $68,036.00 is a non -budgeted item and will be discussed during the mid-
year budget review.
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
Although the item passed, Council noted their disappointment with FDOT for not explaining at the beginning of the
project that their rules had changed and cities had to absorb these types of costs now. Many citizens had voiced their
approval for this improvement, leaving the Council compelled to consent to the expense.
B. Motion to approve a locally funded Agreement between the City of Council Member O'Connor moved to adopt proposed Resolution No. 2013-11, approving and authorizing the Mayor
Okeechobee and FDOT for painting improvements to the traffic to execute a Locally Funded Agreement with FDOT for Traffic Mast Arms Signals in the amount of $24,800.00 within
signal mast arms and the proposed SR 70 and Hwy 441 the State Road 70 Improvements; seconded by Council Member Watford.
Intersection Project in the amount of $24,800 - City Administrator
(Exhibit 4).
OCTOBER 1, 2013 - REGULAR MEETING- PAGE 5 OF 7
II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II
Vill. NEW BUSINESS CONTINUED.
B. Motion to approve a locally funded Agreement between the City of Attorney Cook read proposed Resolution No. 2013-11 by title only as follows: "A RESOLUTION OF THE CiTY OF
Okeechobee and FDOT for painting improvements to the traffic OKEECHOBEE, FLORIDA APPROViNGALOCALLYFUNDEDAGREEMENTWITHTHEFLORIDADEPARTMENT
signal mast arms and the proposed SR 70 and Hwy 441 OFTRANSPORTATIONFOR TRAFFIC MASTARMIMPROVEMENTS iN CONJUNCTION WITH STATE ROAD 70
Intersection Project continued. IMPROVEMENTS PROJECT; PROVIDING FOR PAYMENT SUBMITTAL AND PROCEDURES; PROVIDING TO
AUTHORIZE THE MAYOR TO EXECUTE AGREEMENT; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILiTY, AND PROVIDING FOR AN EFFECTIVE DATE."
Council noted again their disappointment with FDOT and that this would be another cost for the City that was not
identified at the beginning of the project, the Council deemed this expense not necessary, voting as follows:
VOTE
KIRK - No MAxWEI L - No O'CONNOR - No
WATFORD - No WILLIAMS - No MOTION DENIED.
C. Motion to adopt proposed Resolution No. 2013-09, adopting and Council Member O'Connor moved to adopt proposed Resolution No. 2013-09, adopting and codifying a revised Fee
codifying a revised Fee Schedule for Building Permits, Inspections Schedule for Building Permits, Inspections, and Reviews, seconded by Council Member Watford.
and Reviews - City Administrator (Exhibit 5).
Attorney Cook read proposed Resolution No. 2013-09 by title only as follows: "A RESOLUTION OF THE CITY OF
OKEECHOBEE, FLORIDA, ESTABLISHING A SCHEDULE OF RATES, FEES, AND CHARGES FOR
CONSTRUCTION PLANS, BUILDING CONSTRUCTION SERVICES AND OTHER MISCELLANEOUS SERVICES
BY THE GENERAL SERVICES DEPARTMENT; PROVIDING FOR INCLUSION OF THE FEE SCHEDULE TO THE
CODE OF ORDINANCESASAPPENDIXG, PROVIDING FORCONFLICT, PROVIDING FOR SEVERABILiTY,AND
PROVIDING FOR AN EFFECTIVE DATE."
Administrator Whitehall explained these changes are consistent with the County's Permit Fees and will generate an
estimated $10,000.00 for General Services. He also asked to amend the effective date to be November 1, 2013, to
provide proper notification to the contractors and public.
Council Member Watford moved to amend Resolution No. 2013.09 by changinq the effective date to November
1 2013, seconded by Council Member O'Connor.
VOTE ON MOTION TO AMEND
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
11 WATFORD - YEA WILLIAMS - YEA MOTION To AMEND CARRIED.
153
ilm
OCTOBER 1, 2013 - REGULAR MEETING- PAGE 6 OF 7
11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11
VIII. NEW BUSINESS CONTINUED.
C. Motion to adopt proposed Resolution No. 2013-09, adopting and VOTE ON MOTION AS AMENDED
codifying a revised Fee Schedule for Building Permits, Inspections KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
and Reviews continued. 11 WATFORD - YEA WILLIAMS - YEA MOTION CARRIED As AMENDED.
D. Consider a motion to waive the formal bidding procedures and Council Member Watford moved to waive the formal bidding procedures and award a sole -source contract to Global
award a sole -source contract to Global Mapping, Inc. in the amount Mapping, Inc. in the amount of $8,800,00 for annual mapping services; seconded by Council Member O'Connor. There
of $8,800.00 for annual mapping services — City Administrator was a brief discussion on this item.
(Exhibit 6).
E. Discuss the meeting schedule during the holidays for November,
December, and January - City Clerk (Exhibit 7).
ITEM ADDED; F. Discuss selling the North 35 feet of City Parcel ID 2-22-
37-35-OAOO-00028-0000, located at 701 Southeast 6`h Avenue - Council
Member O'Connor.
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
Included in Exhibit 7 was a memorandum outlining the recommended meeting schedule for the next three months.
Staff is recommending conducting both meetings in November, the first meeting in December and the second meeting
in January, as well as change the time for the December meeting due to the Annual Tree Lighting. Council Member
Watford moved to chanae the time of the December 3. 2013. meeting from 6 to 2 t)m. cancel the December 17.
2013, meeting, and cancel the January 7, 2014 meeting; seconded by Council Member O'Connor.
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
Administrator Whitehall began the discussion explaining, Mr. Dennis Murphy is requesting the City sell to him, the
North 35 feet of Parcel ID No. 2-22-37-35-OAOO-00028-0000, located at 701 Southeast 6th Avenue, which is proposed
to be developed as a recreational park. This parcel is contiguous to the Murphy's property, at 611 Southeast Avenue,
and would enlarge it from 40 to 75 feet wide, the minimum required buildable lot size per Code Book Section 90-105.
Administrator Whitehall does not foresee where any of the park amenities will be adversely affected by this. There was
a request made in the past by the former property owner, Mr. George Murphy, (December 1996), in which the Council
denied to the appraised value of $5,000.00 being inadequate.
Following a brief discussion, Council instructed Attorney Cook to notify Mr. Murphy the City needs to acquire from him
a formal acknowledgment of interest in purchasing specific property from the City, and that an appraisal will be
required for the matter to move forward.
AGENDA
IX. ADJOURN MEETING - Mayor.
Please take notice and be advised that when a person decides to appeal any decision made by the
City Council with respect to any matter considered at this meeting, he/she may need to insure that a
verbatim record of the proceeding is made, which record includes the testimony and evidence upon
which the appeal is to be based. City Clerk media are for the sole purpose of backup for official
records of the Clerk.
/f
ATTEST: mes E. Kirk, Mayor
l
Lane amiatea, C C, City Clerk
OCTOBER 1, 2013 - REGULAR MEETING- PAGE 7 OF 7
COUNCIL ACTION - DISCUSSION - VOTE
There being no further discussion nor items on the agenda, Mayor Kirk adjourned the meeting at 7:26 p.m. The next
regular scheduled meeting is October 15, 2013 at 6:00 p.m.
155
� � 'OF OKFFi
foS �tio` CITY OF OKEECHOBEE
�� ��` OCTOBER 1 , 2013
°� �V Now t REGULAR CITY COUNCIL MEETING
0 OFFICIAL AGENDA
G L� � AL771` / J -tC O AAJ -Mr."„C11-1 �-t(�J7� PAGE 1 OF 3
I. CALL TO ORDER- MAYOR: October 1, 2013, City Council Regular Meeting, 6:00 p.m.
II. OPENING CEREMONIES: Invocation given by Rev. Edward Weiss, Church of Our Saviour;
Pledge of Allegiance led by Mayor.
III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Kirk ‘,
Council Member Devin Maxwell ✓
Council Member Mike O'Connor
Council Member Dowling R. Watford, Jr. v/
Council Member Clayton Williams iv
City Administrator Brian Whitehall j/
City Attorney John R. Cook ,/
City Clerk Lane Gamiotea
Deputy Clerk Melisa Jahner
Police Chief Denny Davis
Fire Chief Herb Smith
Public Works Director David Allen
IV. PROCLAMATIONS AND PRESENTATIONS - Mayor.
A. Present a Ten-Year Longevity Service Award to Sgt. Phillip "Skip" Eddings.
October 1, 2013 PAGE 2 of 3
V. MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of Council Act oort for the Se ember 17, 2013 Regular Meeting and Final Budget Public
Hearing. ftj,0
i
VI. AGENDA- Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's agenda. ` .% P ly( Aga/Ca-14)
VII. UNFINISHED BUSINESS. 77 /U -pv
/ Discussion for motion on the floor made by Council Members Williams and Maxwell to adopt proposed Resolution No. 2013-06, releasing to FDOT
easements for Blocks G, L, E, R,and P of FLAGLER PARKS, City of Okeechobee, Plat Book 5, Page 5,and authorizing the Mayor to execute a Quit Claim
Deed for the SR 70 Improvements Project- City Attorney (Exhibit 1).
B. Discussion for motion on the floor made by Council Members Maxwell and O'Connor to adopt proposed Resolution No. 2013-07, approving a Utility Work
Agreement with FDOT for the SR 70 Improvements Project and authorizing Public Works Director David Allen to execute agreement- City Attorney
(Exhibit 2). C����� '
VIII. NEW BUSINESS. l
A. Motion to approve a locally funded Agreement between the City of Okeechobee and FDOT Jor te patterned crosswalk for the proposed SR 70 and Hwy
441 Intersection Project in the amount of$68,036.00- City Administrator(Exhibit 3). 0,0 alx-6 d fc 613-' )
B. Motion to approve a locally funded Agreement between the City of Okeechobee and FDOT for painting.im improvements to the signal mast arms and
Pp Y 9 Y p 9
the proposed SR 70 and Hwy 441 Intersection Projfct in the-akount of$24,800 - City Administrator(Exhibit 4).
C. Motion to adopt proposed Resolution No. 2013-09,adopting and codifying a revised Fee Schedule for Building Permits, nsp-c ions annd R e s- ity
Administrator(Exhibit 5).
TO/0 7-MiTYLI-C(L ata/j"-th4-t;:■
Ook AgA.02 it;A ‘,/4
October 1, 2013 PAGE 3 OF 3
VIII. NEW BUSINESS CONTINUED.
D. Consider a motion to waive the formal bidding procedures and award a sole-source contract to Global Mapping, Inc. in the amount of$8,800.00 for annual
mapping services-City Administrator(Exhibit 6). f7u � ( ,i Y - / ,
E. Discuss the meeting schedule during the holidays for November, December, and January - City Clerk (Exhibit 7).
IX. ADJOURN MEETING. r� � ./Aid �C. 6? cif a ,iAte
tr_atds Thu ni4 1,0te, V--
laex fiv46: id-Avnt-e r):6-9,u ot
,C ltd X 0a er. 111t c r sec
ikeett cettAkel
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding,
such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the
testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk.
In accordance with the Americans with Disabilities Act(ADA), any person with a disability as defined by the ADA,that needs special accommodation to participate in this proceeding,
contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372.
BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda; a copy of the document, picture,
video, or item must be provided to the City Clerk for the City's records.
■
*mo'
.
| _ ____ ����
__ ___ v��~
^___ __ ____________ - -__-_-_-_ ____ _______ '
- �
_--- -------------- ' ' - ^ ^
km� 0 /7 � /NN 1 � _
/ ' /
�_- __- � -_ - �.^ ._,./ � / ._44bAtik__v__z_vzir.i.L.
_____. _At?..A.L.JAI__ ----- .Aki- AA wve....1 jeik -
- _-_._' _
' ~'�� /7 471.59;&
-�----'---'--------
�
. 1 �/� ' i ��L
'
— m
_____
___ •
_-
- ` � ~ i�_ .
' , ' ^ -~ _ __ ~T� ' J /�
*
-
��~-'^/ ��_-/ _
� ��
/iO4,6 .14_ ,
�
___,*(A7Lti ___A.,.._v4,
______÷jtkal__ .3 ---L-1- 11 , .
- , 0..„...)
■‘. "0-0)-iat "Lebo ice,,x) , ,/ -,
H. Alr_gber ---11-4 lca.„4.2 a . ' f_.: (4.,_
__________„ilALize_leite ___,,
— __ � ~ 'L, /�a c�' A_�' _ - �
Qtr L/ U
��/ �� ~
I
74 _ A/�'/
&da—~PT:- ~Ai 0 ; ' ^ -�--
' /
0 ��-V� ^ ^ ^�.g'/4-1 ,__ __�
^ w�� / / 1 �' �i
- ilL~._ 4� ~° �� 04.".4
u/
/ ` /
p / ` Xx .0/ V e ��
� �I �� �
ix/� /%.{/��' L NU�'*�� ,��
� _-
i
-- �%" . .""+'r7 .'%"' Vin- „∎-frf/' ''•�-''i,en-v-4)(-7 */.?-vmulzwid
4'7"2 r"V-771- OTT -12/ 7--"It 1,P
0 r , r (3z- Ipt/on9-Kly4t
c)-7"1/ c Q.A iP9fr) c7<ro I. PO
-yrrg gifyiri)
i 1W "2 ,� 4 /171
110 -rifi7U
rcrd-31;7fri /fib
ra
rl je_TrrpW fy9--11 tbq
L14 b do nr ( Ti r)
Loi ° , 1 PA-rit-vcia7 :(91
- - (4,)1
?TV/ CY115r1V --74. 3iVrin Oti
-pq-1) 14-vuuty
L6l
irJarrPali TrP
,, , / , )-97
kr"q-Au I 7v
-- � , ,/1-"w re-7740/ / ? r'
rig
7-v__,-Y-ityYri9
� l r/5
Ye'rrwnT (-) -(dil
___ ____AbZia -eL_/4_41,iia/it.
I — . a , 4
At i -• - / - t •
_La /4 ,
,/ ../, -t A s _ ,,a, ■ ii • /4 M"la _ ______ _
*A
J
116-X11 / ' c / -- i
I , -
7 L.j u t t a A l.1._ f At L. i iir ,, • _
ak 024/} (ke- p4-1L-e4-6,/;) 7101)d' paS Zdva-1--&-
IL
I 1 I! i I pi- , , ,
•
4
IE; 44- /1Til .0 —..
...A _....._ ..
__ __:-.1(- ttii I
1 o1 - It / 1/ 4 ' -
_JI-2 We
A G A 11_4Liejj OAN abi.1244-44/Z4 42:11,4-2.-k 14-e---d14________.
kiii GLe. ) 1
Cheti_.._ ...'() yol-n-rep•
k- ,jcidi 1 4 4 1 , I • - _A____. 6 .4.1-c-___(e_____
,
olk / 1 4... e=:_...
4 ?
ic a _ ' 4 4 4 • •
I I'
101,0- buLic AA-r,--(--z, Q__ 024-1- ____
ltli Ami -/-2) ,44-(4_ We. 1,061AL,1";&(--
,..
Aso' it--b pil-a-e t.di Ail-74
•
Sqd-v09/r/rAn9 12)? (76 -74z. pvi`n9r710
—vwv,70-yke 1,48
•
' f` :r-7.T/7 '- _ ',„y,•r►r
4 ,; r
1 _
-77'7 ' ' , ,' V 'IF
071"TVrn �
1 7 CbiVi n9 Trrifi'r r"-3-Y / 41D
(xi-11)W' rrirfrr , _ I f
6.
C GY 1-'7- 7("`P-/
--7e1-117 r 41 -14-g-$9
7710 r!"-1 ( Y YT/(J ' (
ff4 Oly" •
Crr177111')LV 17711/
`' ice vymp-p
tgi-rpiy) v201 RP Pro t /7 rini ri , (1),tt
Thr -rPrr/rrinrd -kn/ci ig) -)vid 4-4
-
Cs)—
A) �y� X1,8_,Az
4 /' r'°"' �. _ ���
__________4thlig____ ,t) Or Art-L-274-( ---
l
AO — lizA 2 GL ,e,C — _ / -
J-7-ve.J---,,,_) 0"),7--- L()(2-3<i- i
th-t aw Lic
—A ' zry-'2 .tip
-------- 16/biLL_ (1-t-t 6 13.____,Aiel -)Le f,1 .7___, ...„ ,/limx-ILeA-4 .11,4)
a-oglia,LaA 642-42-6 }/3711:14/IN /?-)4-0-e/21,4e-
t & 6,9706 defrjACIL-
I
% ,
I i
— _ o L-�J LA E h-v-e 7
- La ilh m
NAP-k daed joi---x,& .14L_______mt_ 6(..L4.4.1,ez i
C -- 4 4L C11
L _ -
.11 - 03_0. 6 /
ao-p- dsiAra..9,1, - Alci- — , / if: Aepeue;20.4_74 _
_ . �'
. I g. _pr.*:- etu) beie-S--- cirm-a-
04 SlIce'-`- — i'"A6f' L:d2
AQ-01-' buLtd- (pir- -04t 69y_At-a- ?
1U- bt-it: f fin yi)Aciatcei -
,
140 f I ' ' -- /3-1-efr-i ' ee-vetat;
•
7:1,0)--pt di • d r ' -ei /1---1-41- ik dt-1511-1---1--
KO fil- CO-614 1---kk-IVA-- CY°--- -fJ) z ._.... ._
'11) pi /
A L.
k0a. — ) , , . ?.....4.„.... i'
4,04 At ,80 ...it /
6--A- .
1 A..... Lai/ L4t 6a A-0k €4 qz-tv Lae
LI.,1dr, 'wild A
SE 344 ta2/.1 .1-1 I'10 & be
— tM Ct,pJ- h) e9/-1---
/414 Itt/A "4 , 1' 4,- (M -6-4 4-11N& f etri/f4A —
1 I
CAV-
(ii ‘te di I 1-€A1--gl ezA ) 7i'N ,r.0
i -
, 1 kt--rw piiii-ce_44., az.) zit-)Le 4 -0-7 clAdie z,i2-yo
/4- 1;AIL/, #A Ct9-A-CA-eYZ -*I ■&) . 10/14-€/-- '-- ,
,, ,(-, i
It. - Ati a . .../ : I k-r- 4, • ' ii.1 , kz. ii ...d J _... .•_'
I
..44,. - I 4 .....1.&44
...........
I 1
/
...11LAit I ' = L',..,48116.1_44.4#0 - AL441.20..A.A.....4--,
I I Al - tve44/1 Ilic, -to /1114-eit ell°, 4 .4 At...4;. Ali
yk,A, „._...:., ..,„:„.,...,„...„,
:'1 7 ,
OrITUfr-6/C j , • ; '
•PD' &
1.060' iiilla
- 16-1,CI) p4,(A76,--rf 4,<SE--Y-‹- mc-er-f_i pv-x. —
- , r II Ae , 1 dZia.- A 1 ----' 11/40 M.-- diaLt../ :12
1„
104)) 1diA-1- 4 A...t.k...'- AIPIL ALI
�- deu1 (-/Lei
164 — emit_ d
M - 4,rto A"pima?
VJ'r
Al A1 L .‘ __r
, , �-x e ? '
d. /i Dom, ; . u
OAktkk /t 1161 1Yu-
W6") tEht46,z-
1 - kzgtkel J - o2 /
0.6 {. :,..2 ov, —
/0 6- h 4,0-rx.9„ Xe-7 feite_Ao
4-1-411-4- (�2 T� a �Zi
A-Wx.t-d- 01--,--Tis Th4 E-.4?r,
101,
,pii) _AA} kaplquie tyo fr:LL4,2.2s5e,„
)46curizz4.0t,- p_.4(J.6 gA), 4_46,thi
/ 1 .L_
[tad /OA 2.W1
,6ak 11624it ee-y-k4-zaek__, / ki-( 17(
0/1.4 atiz4,(A-i>t pupe4
Cl)
/JP i :tLG (rst/L
xce.,„,„&3 mmit),(7. F4,90,,Ly_
O, . - _ _
ow// I( 3 3-67` - Zt,-6-wLAt- /Lug.f c'z4
41,0 :1/14,W-6 ? (PAC (//le')L a-Cki
�%(lL / A
pkulAutAm
01)- w � L��
�
I/71 fi-‘ taidiaA
�--� - 1,04,tA, 1AJ .cs/a_ —
�r
ftitt4-9- - deli: -
u jz/-- —
76-to rn 6 toe, ,ao v� c o/ bwr;
1411 ?4? /Wit-
S'e71- af-p -at /1V/ /
rN daAcry
awt,t,4:-A) (Cpuk - At2gs-ti
'adz 4AvAlie5- tsifuesilo,)
trzol
P' V&Q - �U
_ 02- __coe -A-Yrk-W. (Lir
-�' -Y op - n
- 1-4472-t? dit14 )ti.o2-)/ PLW n
--ryv 70-0-)4/ ,pi 01
'INDEPENDENT
NEWSPAPERS
OKEECHOBEE NEWS
J
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
107 S.W. 17th Street, Suite D, Okeechobee, FL 34974
Before the undersigned authority personally
appeared Tom Byrd, who on oath says he is Publisher
of the Okeechobee News, a three times a week
Newspaper published at Okeechobee, in
Okeechobee County, Florida, that the attached copy of
advertisement being a
in the matter of _.
------.....------------ --- —
in the 19th Judicial District of the Circuit Court of
Okeechobee County, Florida, was published in said
newspaper in the issues of
Affiant further says that the said Okeechobee News
is a newspaper published at Okeechobee, in said
Okeechobee County, Florida, and that said newspaper
has heretofore been published continuously in said
Okeechobee County, Florida each week and has been
entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a
period of one year next preceding the .first publication
of the attached copy of advertisement, and afiant fur-
ther says that she has neither paid nor promised any
person, firm or corporation any discount, rebate, com-
mission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Tom Byrd
Sworn to and subscribed before me this
day ofAD
Notary Public, State of Florida at Large
f
ANGIEARIJGE;
+ MY COMMISSION « E.c 177653
o EXPIRES. Rprii 20, 2016
06 P r Bonded Thru Notary Public Underwriters
(863) 763-3134
cOUNCIL MEETING NOTICE
REGULAR cm tLyy
No'1TCE IS HEREBYY GMNl at the CV. , m lor�as soon�ther�eautter
on T,y op, okeerhobee, Florida. The
as,Z,oe, at_ (sty Hall, 55 SE 3rd Ave, lim 2 Administration at
and encouraged to attend. Contact Gty
ppuublic is 1rnr .,,.r..o-nsrnobee.com, to obtain a copy of
863-a 6�3-�3a72, or websde
g decision made by the City Coun-
V PERSON DECIDING matter APPEAL am/ will need to ei
errrespect to any -matter consideredis made a the record include
imonyrecord of the o wh 9the appeal Oil be baled- In accon
dmony and evidence upon an rson with a dis;
h the Americans with Disabilities Ad aA aAc.�commod lion to par[k1P
defined by the ADA, that needsClerks Office no later than tvro bu
s proceeding, contact the CIN
ys prior to Proceedm9, 863-76 -3372. re,
it ADVISED that should youintendop on to any �1tern °� to d
copy of the document e Council npicture' video, or Item must be prow
erk for the Ctty's records.
r: lamesnlKolteaMMC, City Clerk
a
IL ILLN
IL
Presented To:
PHILLIP ""SKIP"" EDDINGS
In Recognition of Your 10-Years of Service,
Hard Work, and Dedication
to the City of Okeechobee, its Citizens, and your fellow employees
September 24, 2003 to September 24, 2013
Presented on this lst day of October, 2013 on behalf of
the Mayor, and City Council, for the City of Okeechobee, Florida
James E. Kirk, Mayor
Attest:
Lane Gamiotea, MC, City Clerk
*4w w
City of Okeechobee
Office of the City Clerk
September 24, 2013
Mr. Phillip Eddings
4424 Southeast 30th Street
Okeechobee, FL 34974
Dear Sergeant Eddings:
Time sure does fly when you are having fun! Can you believe it has been 10 years since
you first became a member of the "City Family." At this milestone the Mayor and Council
would like to take time during the October 1, 2013 meeting to recognize your contributions
to the City. A presentation is being scheduled at the very start of the meeting, which begins
at 6:00 p.m., to extend to you a longevity service certificate and award.
As a way of saying "Thank You" to our employees for their dedication, I would also like to
point out that by reaching this milestone, there will be changes to your benefits. Beginning
this month, your annual leave accrual will increase to 10 hours per month and 50 percent
of your sick leave balance is eligible as a paid benefit, so long as separation with
employment is on good terms. You have met the number of years of service that Education
Reimbursement Contracts are no longer required. Then finally, you are now considered a
vested member of the Police Retirement Fund.
It is an honor for me to have the opportunity, along with the Mayor and Council, to offer a
most sincere, "Congratulations, for a job well done." May there be several more years to
come.
Should a scheduling conflict arise, please call my office, 763-3372 ext. 215. We will be
sure and give you a reminder call the day of the meeting. Feel free to invite family
members and friends so that they too, may share in this occasion.
Sincerely,
I ff
Lane Gamiotea, CIVIC
City Clerk/Personnel Director
LG/mj
cc: via email Police Chief Davis
55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686
,..,
Exhibit 1
RESOLUTION NO. 2013-06 Oct 1, 2013
A RESOLUTION OFTHE CITY OF OKEECHOBEE, FLORIDA, GRANTING
CERTAIN EASEMENT RIGHTS OF BLOCKS G, L, E, R, AND P OF
FLAGLER PARKS, TO THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, TO IMPROVE STATE ROAD NO.70; AUTHORIZING
THE MAYOR TO EXECUTE QUIT CLAIM DEED; PROVIDING FOR
CONFLICT; PROVIDING FORSEVERABILITY; AND PROVIDING FORAN
EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation purposes to construct or
improve State Road No. 70, Section No. 91070-00, from NW/SW 41h Avenue to
NE/SE 31d Avenue, in Okeechobee County, Florida; and
WHEREAS, it is necessary that certain easement rights now owned by the City of
Okeechobee, Florida, be subordinated to the rights of the State of Florida
Department of Transportation; and
WHEREAS, said subordination is for transportation purposes which are in the public or
community best interest and for public welfare; and
WHEREAS, the State of Florida Department of Transportation has made application to
said City to execute and deliver to the State of Florida Department of Transportation
a subordination of easement interest, or interest, in favor of the State of Florida
Department of Transportation, and said request having been duly considered.
NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City:
SECTION 1. That the application of the State of Florida Department of Transportation for
a subordination of easement interest, or interests, is for transportation
purposes which are in the public or community interest and for public
welfare.
Subject sketches identifying the subject property, a portion of Blocks G, L,
E, R, and P of FLAGLER PARKS, City of Okeechobee, Plat Book 5, Page
5, Public Records, Okeechobee County, is included herein as Attachment A.
That a subordination of easement interest, or interests, in favor of the State
of Florida Department of Transportation, in Okeechobee, Florida, should be
drawn and executed by the Mayor of the City of Okeechobee, in the form of
a Quit Claim Deed and included herein as Attachment B.
SECTION 2. The City Clerk is instructed to forward a certified copy of this Resolution,
upon adoption, to the State of Florida Department of Transportation at
Bartow, Florida.
SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this
Resolution, or application hereof, is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion or
provision and such holding shall not affect the validity of the remaining
portions or applications here.
SECTION 4. This resolution shall become effective immediately upon its adoption.
Reslution No. 2013-06 - Page 1 of 2
0
Lon
INTRODUCED in regular session this 171h day of September, 2013, and ADOPTED after
postponing until this f day of October. 2013.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Resolution No. 2013-06 Page 2 of 2
James E. Kirk, Mayor
r.r
ATTACHMENT A
SUBJECT SKETCHES
VAIL 8 DISK {
ILSURV DESIGN
)UP LB 780 1
tP) NJ
K
-IGN
5"
NAIL 8 DISK
"CIVILSURV OESIG
GROUP LB 7805"
S.W. PARK STREET (F)
SOUTH PARK STREET (P) ��
L_ 4inlll—
O.C.
wF-
v zw
ww
TH
I6 'OL
1
.a
NAIL a DISK.
"CIVILSURV DESIGN
GROUP LB 7805"
Parcel #
Whole Property
Part Taken
Remainder
100A
44,998
5,097
39,9-1
L.0.Cl 1 JJ
CORNER FALLS IN CONC. POS7
NAIL B DISK "CIVILSURV DESIGN GROUP LB 7805" 5/8" )RC
•78.34 - AS WITNESS 5.00' EAST 8 54 " IRC "CIVILSURV LB '7 5/0"
59.69' RT 111 __SyILS(V$U8 T805" pS W TN SS 5.00' SOUTR----------. Oai_ INO I
_fit-8SSI i_��bD.00Tt�1 __�® --.-
EXISTING R/W LINE PER PLAT c
�n \\\ L.O. C. L.O. C. "�/ Ln P)
IU"o'
�LIT
E R 70 COR. 28469
\
\6\°37\668\"F\
DO
59.11RT
9
�.o.c.
- —
—off
0 1 _�
"_, I
i
\'j `'
R/W LINE
--L
°
VIA+
ylLd
--
W .
CL
Ih
W
z w
w
#„
n
\
i-'� FLAGLER PARK \�\ �_"
BLOCK L
N
�IP
j F
w
z w
ww
WI
m
���
\\� ~
IIa
a
> cc
Q11
o 11
��� ('—,\�
i�
11�
o
v W
C
vi .
0
ol{
N ���
L
M w ~
I
NAIL\B_6ikK
11
V!
zl+
l�
^ 51 -fl.36 I 1
lB9� RT----_s-53551
"CIVILSURV XS1
-_---G80U218 ]905�
II
N
to Y
NAIL 8 D1SK----------
300'(P)------------
54.78.36
55•A8.3
'CIVILSURV DESIGN
GROUP LB 7805"
184.21' RT
Parcel #
Whole Pro e rty
Part Taken
Remainder
100B
45,000
7,650
37,350
Boyd, Schmidt and Brannum
PAGE 1 OF 3
cm
rn
1 LIVILZUHY Lo P.K. NAIL
5 u+ L.O.C. 7805" AND DISK
Q OF SURVEY S.R. 70 (5 PLACES)
N. V PARK STREET (F) N 89° SO' 51 ^ E 5/8" IRC
5/0" "' NOR ARK STREET (P) 6T L I 'CIVILSURV LB 5/8" IRC
IR IND ID) (P _ ---- __-- 7805' LB 7905"
'— — N s9_^5Ti —'o'".54,E ) - 14 PLACES)
300.01(P) 14' \
70'(� L.O.C. ON-TAN'CENT
P) / URVE
W LI
OF HE /4 OF SECRON 21-37-35-48.34
.. !
o I 60.22' RT, /� (NOT ON—J 60.2Z' RT I• O ` '� N
SECTION EXI`&NG R/W LIAE PER �^• 18
Io0 S TION 9I020-2535" ' ILINE) tON-T N1GEN I
_ C U
1- I --� 1------ _ 1 RVE ,=
i�
W V I :; NAIL ISK (
D W d6 I -- 'CIVILSU DESIGN.... -•
I? c FLAGL PARK GROUP LB 7805' v w I o m H
j F �I �., '�' ;� ` ` QLOCK E-M-PLACES) N I altn
l i -• m �, �` u
¢ W qI ao ---� ��'; 120.2D'
�—
"II . I ..............4 .17
\ m
5/8" IRC `-----J •48.17L
3 II-F.D.O.T." 14 584748FITe �N
fn
--8 — —--300'(P) r -STA-226�'ii87NA— L9••8T'•1 I 50.14'
183. 58' RT IL fl DISK _ I
'CIVILSURV DESIGN
S.W. PARK STREET (F) CROUP L8 7805 Via; I 1 c
Parcel # Whole Property Part Taken Remainder
100C 43,663 7,781 35,882
A. . HALLISK U U 'CIVILSURV DESIGN - '
"
GROUP LB 7805"
'F.D.O.T.
EXISTING R/W LINE PER N 89*49*26' E s
5/8" IRC "CIVILSURV SECTION 91020-2535' EXISTING R/YI °� °•
NAIL fl DISK PER PLAT NAIL fl DISK I vM,
LB 7805' (5 PLACES CIVILSURV DESIGN NAIL
ON A " mP
P '78 —�—r__5.00'• OFFS i EST o
�i N 89•51,02. 233.21*I�'7�00.0'(Pl o O
Nbl NT uvi IttIE OF sE 1/4 SECTION I6-37-35 L N I z
• \'(' _ C _STA 227.60.E S 89°37.48" W 49 ..63'(F)
I �I—T g t• S 89°51'03 W 235.85 5/8" IRC
�L.avy i I R/W LIN I STY. 3.3' CIVILSURV LB l- 2 I 2
{ /. 12.10 7805- Im 70'
p 59: 86' RT (NOT Q CONC. ..
j I SECT[ N LINE) BLOCK 100 ON 5.00, Im (P)
j NON -TA EN I SPOLICE TATION 0 FFSET SOU _T L.O.C.7.95
_a
II CURVE I .97
LB R/W LINE o CO)fiAERCfAL��(�_ w y VI
FLAGLER PARK--- ' m
W m N -C2 I STY. I BLOCK R ., iiN ? F o
52.08
CONC.
u 119.011 RT BLOCK I ?; o Z m
L20 CITY t1 p j u
.96' RT I IIa D VWi
I 1 d
CQ
IR (NO (DI r 't8 3110C N P
¢ m
f 300'fP)
I.81'•{ 50.14' - __ fi3j,95„S 89° 'S2_W � 9y7 (F) 70, WQ
59.48.05 IF)
m { I J I 1 •60' R TWO 5/8^ IRC v
¢ 5. E. 'PARK STREET (F) 'CIVILSURV
'aJ I o oa I R 7Rn5' _ a
Parcel #
Whole Property
Part Taken
Remainder
100D
43,573
7,473
36,100
Boyd, Schmidt and Brannum
PAGE 2OF3
6
16
15
o Q,
a�^
c 5/8" IR
u+(NO II
2
z
4 Cl .. .
♦18.52 s
21
2
59.50 RT
70 ,
70
-lI I
RAILROAD
SPIKE AT I�
S.E. CDR
L.O.C.. a
`11�
S.E. 1/4
SEC. 16-37-35
a �
„I-
W
v
j1a:..
w
..
7 W
aW
C a
clla
a a
�� m A
zll
5/8" IRC
(ILLEGIBLE)
�r
63.18.05 '
183.62' RT
_..._. ..." ... .. `..��... �.v.�. MAIL If U1J0. bl
6 "CIVILSURV DESIGN u;
GRQUP LB 7805"
END ACOUISIATON
STA. •18.23 ` 3/
STING R/W LINE 2 PLAT34.14' RT. apil DRI
�J 8902" E 299.57'(f) NAIL 8 D15K Ha'
•71.78 30011P) L.O.C. 18 'LB 66 4'T0,
59.57' RT IRT I S 83°53'42" W 09 c— L.O.0 _ (P)
53.26'
�-R/W LINE N 45*08,591, w ^ • m ® -
(NOT ON SECTION LINE) w
11 52.14' RT o v III F
N a Z W
FLAMER PARK ,i
BLOCK P
gl M O
cl W W
NI fA U
oa°n 300'fPl Sao o ` IILLEGIBLEI (P)
SOUTH PARK STREET (P) 183.49
Parcel #
Whole ProperPropei4y
I Part Taken
Remainder
100E
44,806
1 6,549
1 38,257
Boyd, Schmidt and Brannum
PAGE 3OF3
On
ATTACHMENT B
04-CIQCD
Date: May 10, 2013
This instrument prepared
F.P. NO: 4258461
under the direction of:
PARCEL: 100.2
Kristen Carlson, Chief Counsel
SECTION: 91070-000
Post Office Box 1249
STATE ROAD: 70
City: Bartow, Florida 33831-1249
COUNTY: Okeechobee
Department of Transportation
QUITCLAIM DEED
THIS QUITCLAIM DEED, made this day of 12013,
by the City of Okeechobee, a municipality of the STATE OF FLORIDA, grantor, to the
STATEOF FLORIDA DEPARTMENT OF TRANSPORTATION, grantee, whose postoffice
address is: Post Office Box 1249, Bartow, Florida 33831-1249. (Wherever used herein the
terms "grantor' and "grantee" include all the parties to this instrument and the heirs, legal
representatives, and assigns of individuals, and the successors, and assigns of
organizations.)
WITNESSETH: That the said grantor, for and in consideration of the sum of $1.00
and other valuable considerations, receipt and sufficiency being hereby acknowledged,
does hereby remise, release and quitclaim unto the said grantee forever, all right, title,
interest, claim and demand, which said grantor has in and to the hereinafter described
parcel(s) of land for Blocks G, L, E, R, and P of FLAGER PARK, of the Public Records of
Okeechobee County, Florida, togetherwith all other right, title, interest, claim and demand,
if any, which the said grantor has in and to said parcel situate in the County of
Okeechobee, Florida, via:
SEE EXHIBIT "A"
TO HAVE AND TO HOLD the same together with the appurtenances thereunto
belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and
claim whatsoever of the said grantor, either in law or equity, to the said grantee forever.
IN WITNESS WHEREOF, said grantor has caused these presents to be executed
in its name by its Mayor, and its seal to be hereto affixed, attested by its City Clerk, the
date first above written.
ATTEST:
(Official Seal)
Lane Gamiotea, City Clerk
STATE OF FLORIDA
COUNTY OF Okeechobee
E. Kirk,
James E. Kirk, Mayor
Grantor(s) Mailing Address:
City of Okeechobee
55 Southeast 31' Avenue
Okeechobee, FL 34974
The foregoing instrument was acknowledged before me this 17" day of September, 2013, by James
Mayor, and Lane Gamiotea, City Clerk, who are personally known to me or who has produced
as identification.
Notary:
Notary Public in and for the County and State last aforesaid.
My Commission Expires:
Serial No., if any:
Page 1 of 4 for Parcel 100.2
tirr _MW
EXHIBIT A
F.P. NO.4258461
SECTION 91070-000
PARCEL 100 RIGHT OF WAY
Parcel No. 100A) That portion of Block G, Flagler Park, Okeechobee, a Subdivision in
Section 16, Township 37 South, Range 35 East, as per plat thereof recorded in Plat Book
5, Page 5, Public Records of Okeechobee County, Florida.
Being described as follows: Commence at the Southwest corner of said Block G, said
corner being on the East right-of-way line of Southwest 41 Avenue and Hicpochee Street
(per said plat); thence along the West line of said Block G, and said East right-of-way line,
North 00°09'42" West a distance of 150.00 feet to the Northwest corner of said Block G,
and to the South existing right-of-way line of State Road 70 [Northwest Park Street and
North Park Street (per said plat)] for a POINT OF BEGINNING; thence along the North line
of said Block G, and said South existing right-of-way line North 89°51'01" East a distance
of 299.98 feet to the Northeast corner of said Block G and the West right-of-way line of
Southwest 3`d Avenue and Miamee Street (per said plat); thence along the East line of said
Block G, and said West right-of-way line, South 00009'42" East a distance of 25.60 feet;
thence South 89°51'01" West a distance of 57.47 feet; thence North 85008'00" West a
distance of 236.26 feet; thence South 44°51'01" West a distance of 10.12 feetto said West
line of Block G and said East right-of-way line of Southwest 4`h Avenue and Hicpochee
Street (per said plat); thence along said West line and said East right-of-way line North
00°09'42" West a distance of 12.00 feet to the POINT OF BEGINNING.
Containing 5,097 square feet.
ALSO
Parcel No. 1008) That portion of Block L, Flagler Park, Okeechobee, a Subdivision in
Section 16, Township 37 South, Range 35 East, as per plat thereof recorded in Plat Book
5, Page 5, Public Records of Okeechobee County, Florida.
Being described as follows: Commence at the Southwest corner of said Block L, said
corner being on the East right-of-way line of Southwest V Avenue and Miamee Street (per
said plat); thence along the West line of said Block L and said East right-of-way line North
00°09'42" West a distance of 150.00 feet to the Northwest corner of said Block L, and to
the South existing right-of-way line of State Road 70 [Northwest Park Street and North
Park Street (per said plat)] for a POINT OF BEGINNING; thence along the North line of
said Block L, and said South existing right-of-way line North 89°51'01" East a distance of
300.00 feet to the Northeast corner of said Block L and the West right-of-way line of
Southwest 2nd Avenue and Kissimmee Street (per said plat); thence along East tine of said
Block L and said West right-of-way line of South 00°09'42" East a distance of 25.50 feet;
thence South 89*51'01" West a distance of 300.00 feet to the said West line of Block L and
said East right-of-way line of Southwest 31 Avenue and Miamee Street (per said plat);
thence along said West line and said East right-of-way line North 00°09'42" West a
distance of 25.50 feet to the POINT OF BEGINNING.
Containing 7,650 square feet.
ALSO
Parcel No. 100C) That portion of Block E, Flagler Park, Okeechobee, a Subdivision in
Sections 16 and 21, Township 37 South, Range 35 East, as per plat thereof recorded in
Plat Book 5, Page 5, Public Records of Okeechobee County, Florida.
Being described as follows: Commence at the Southwest corner of said Block E, said
Page 2 of 4 for Parcel 100.2
0
CM
corner being on the East right-of-way line of Southwest 2nd Avenue and Kissimmee Street
(per said plat); thence along West line of said Block E, and said East right-of-way line
North 00009'42" West a distance of 149.37 feet to the Northwest corner of said Block E,
and to the South existing right-of-way line of State Road 70 [Northwest Park Street and
North Park Street (per said plat)] for a POINT OF BEGINNING; thence along the North line
of said Block E, and said South existing right-of-way line North 89°51'01" East a distance
of 232.54 feet to the South existing right-of-way line (per Section 91020-2535); thence
along said South existing right-of-way line for the following seven (7) courses: (1) South
00*13'57" East a distance of 1.45 feet to the beginning of a curve having a radius of 66.50
feet; (2) thence along the arc of said curve to the right a distance of 59.94 feet through a
central angle of 51°38'30" with a chord bearing South 64024'42" East to the end of said
curve; (3) South 51°24'33" West a distance of 3.00 feet; (4) South 34°04'09" East a
distance of 10.01 feet; (5) North 60°27'09" East a distance of 3.00 feetto the beginning of
a curve having a radius of 66.50 feet; (6) thence along the arc of said curve to the right a
distance of 26.51 feet through a central angle of 22°50'15" with a chord bearing South
18°07'43" East to the end of said curve; (7) North 89°43'17" East a distance of 1.12 feet
to the end of said courses and to the East line of said Block E and the West existing right-
of-way line of Parrott Avenue (per said plat); thence along said East line and said West
existing right-of-way line South 00°10'17" East a distance of 48.88 feet; thence South
89°53'42" West a distance of 4.00 feet; thence North 00°10'17" West a distance of 23.26
feet to the beginning of a curve to the left having a radius of 60.00 feet; thence along the
arc of said curve a distance of 94.23 feet through a central angle of 89°58'42" with a chord
bearing North 45°09'38" West to the end of said curve; thence South 89°50'57" West a
distance of 235.82 feet to said West line of Block E and said East right-of-way line of
Southwest 2nd Avenue and Kissimmee Street (per said plat); thence along said West line
and said East right-of-way line North 00°09'42" West a distance of 26.00 feet to the POINT
OF BEGINNING.
Containing 7,781 square feet.
ALSO
Parcel No. 100D) That portion of Block R, Flagler Park, Okeechobee, a Subdivision in
Sections 16 and 21, Township 37 South, Range 35 East, as per plat thereof recorded in
Plat Book 5, Page 5, Public Records of Okeechobee County, Florida.
Being described as follows: Commence at the Southwest corner of said Block R, said
corner being on the East existing right-of-way line of Parrott Avenue (per said plat); thence
along the West line of said Block R, and said East existing right-of-way line North 00°11'03"
West a distance of 78.14 feet to the South existing right-of-way line of State Road 70 (per
Section 91020-2535); thence along said South existing right-of-way line the following seven
(7) courses: (1) North 89°48'59" East a distance of 0.24 feet to the beginning of a curve
having a radius of 66.50 feet; (2) thence along the arc of said curve to the right a distance
of 38.24 feet through a central angle of 32°56'37" with a chord bearing North 16°1T17"
East to the end of said curve; (3) South 57'14'24" East a distance of 3.00 feet; (4) North
37°16'35" East a distance of 10.00 feet; (5) North 48°12'27" West a distance of 3.00 feet
to the beginning of a curve having a radius of 66.50 feet; (6) thence along the arc of said
curve to the right a distance of 55.74 feet through a central angle of 48001'37" with a chord
bearing North 65048'22" East to the end of said curve; (7) North 00*10'50" West a distance
of 5.09 feet to the end of said courses and to the North line of said Block R and to the
South existing right-of-way line of State Road 70 [Northwest Park Street and North Park
Street (per said plat)]; thence along said North line and said South existing right-of-way line
North 89°51'02" East a distance of 233.21 feet to the Northeast corner of said Block R and
the East right-of-way line of Southeast 2nd Avenue and Tallahassee Street (per said plat);
thence along the East line of said Block R, and said East right-of-way line South 00007'21"
East a distance of 26.00 feet; thence South 89°51'03" West a distance of 235.86 feet to
the beginning of a curve having a radius of 60.00 feet; thence along the arc of said curve
to the left a distance of 93.43 feet through a central angle of 89*13'14" with a chord bearing
South 45°14'26" West to the end of said curve; thence North 89°24'07" West a distance
Page 3 of 4 for Parcel 100.2
lid
of 4.05 feet to said West line of Block R, and said East existing right-of-way line of Parrott
Avenue (per said plat); thence along said West line and said East existing right-of-way line
North 00*11'03" West a distance of 13.50 feet to the POINT OF BEGINNING.
Containing 7,473 square feet.
ALSO
Parcel 100E) That portion of Block P, Flagler Park, Okeechobee, a Subdivision in Sections
16 and 21, Township 37 South, Range 35 East, as per plat thereof recorded in Plat Book
5, Page 5, Public Records of Okeechobee County, Florida.
Being described as follows: Commence at the Southwest corner of said Block P, said
corner being on the East right-of-way line of Southeast 2"d Avenue and Tallahassee Street
(per said plat); thence along the West line of said Block P, and said East right-of-way line
North 00002'25" East a distance of 149.62 feetto the Northwest corner of said Block P, and
to the South existing right-of-way line of State Road 70 [Northwest Park Street and North
Park Street (per said plat)] for a POINT OF BEGINNING; thence along the North line of
said Block P, and said South existing right-of-way line North 89°51'02" East a distance of
299.57 feet to the Northeast corner of said Block P and the West right-of-way line of
Southeast 3`d Avenue and Cherokee Street (per said plat); thence along the East line of
said Block P, and said West right-of-way line South 00°05'21" East a distance of 18.00
feet; thence North 45008'59" West a distance of 9.95 feet; thence South 83°5342" West
a distance of 140.09 feet; thence South 89°51'02" West a distance of 153.26 feet to said
West line and said East right-of-way line; thence along said West line and said East right-
of-way line North 00002'25" East a distance of 25.50 feet to the POINT OF BEGINNING.
Containing 6,549 square feet.
Page 4 of 4 for Parcel 100.2
i
Florida Department of Transportation �
RUT scOTI 801 North Broadway Avenue ANAN r11 I'Wts.tll, t-.t:.
GOVERNOR Barlow, Florida 33830 SITREI tltt
t )ctober 1. 20I..>
Devill K. tilax\\ell F.,tl.
ltt;tNW1.1.1 K- NIANiC'F1 I P,A,
-105 N\\ I'hird Street
Okeechobee. Flot'ida .11072
Dear Mr. \lawell:
In response to \onr request regardnlg Proleet 1458,i61, Parycl IN fir:
I . lie Fide Scaich Report aiul inimirtrent, Ville, il'.trt_\ that 1wi 3nod to determine the twwr4lip
interests of the property needed fifr h()\\
a. `I Ile appraisal used to valuc the property to he acquired.
?. 1lie I'tit Chase Agreement ic:tldClCC] 10 tilt' p:ll't\ \r hose interest i, 10 be �W+l1rctl.
•1. 1 he Affida\ It t}f I3owficial Interest draft lirr ill+: imut,lerring pant;
�. lie Twuments that rcyuested, Or rc:,ultetl in the inclusion ofadditional IZOW Acquisition funds
being added into the torrent A\i l'.
An\ report, relating to t ahw. offers and c ouniel-ofiers. including, appraisals tier prrpertt thin i;
subject to aCquisitiun (hroigh purchase or ifuuutgh the c\ercke o eminent domain. are c\:etil)lt front
public (li,cltl,ure putsuailt 141 Florida Slatlne 119 (111 1 and f I)( i I I. ghi +,t'\t.,\ M nitt;tl `�c iwn 11.', 5
until such time that a \\ritten offer it) ,cn or \ alid a idmi contract has hccn cola itiollalf\ accepted h\ the
Depat'tment or the condemnation litigation W,; concluded. 'I'herc iti not .tit executed contract liar Paiccl
100 lit tln, time A'� such, the documents retlnested in hems one Owough t nw, if they exit. \\t11 not he
made a\ailable it) \tlu. Ilcl\\cter, all docullicnis that exist front d uu 11\e thsll Bill olw;ide of the
exemption \\ ill he made available.
In ans\\cr It' vlrur tlticrie, as to slalutor\ exemptions. I \%oultl ittlte that Fla. titan. '3.0150 ttalal,I}lies
onl_\ it) 1i e c\\\ hers. file district right of \\a\ di\ ision hit, itlt wmcd the that the My of ( )kecchthee dries
not own Parcel 100 in fee Simple. AS such. the 01i dins not fall \\ dllirt F I )OF Right ol` Wax ltamial
wclitnl,'AAI.f ante! A I I 11. l ur•tliertnow. file ('it\ if( lkeechh11Wee AWA W fill lmdt:t FIX SIM.
7;.0142 Na) a, A is tall a business ("wer.
I atn sorr\ \\e cannot Ctlrnpl\ \\ ith the hull, of \ girt reyue,t ' r
Sinc:ercE\ , r
I lt}n t. =a\
Seriiol- :\ttorne\. 11)t) I
\,: ( it g Bo\\ nc. District ( )ne Rn.-Olt of Wa\
Jim Crackel. I )istrict ( )lit: ltipht of \t a\
wwwAot,.sti:iux.ff.us (9-; t.,: i, I
'*AW
Exhibit 2
RESOLUTION NO. 2013-07 Oct 1, 2013
A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, APPROVING
A UTILITY WORK AGREEMENT WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, FOR IMPROVEMENTS ALONG
STATE ROAD 70; AUTHORIZING THE PUBLIC WORKS DIRECTOR TO
EXECUTE AGREEMENT; DIRECTING THE CITY CLERK TO PROVIDE
CERTIFIED COPIES; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation, hereinafter referred to as
FDOT, proposes to construct or reconstruct a transportation facility identified as
Project ID No. 425846-1-52-01, State Road 70, from NW/SW 41h Avenue to NE/SE
31d Avenue, hereinafter referred to as the Project; and
WHEREAS, in order for the FDOT to proceed with the Project, it is necessary for the City
of Okeechobee, hereinafter referred to as the Utility Authority Owner (UAO), to
execute and deliver to the FDOT the agreement, as identified as Utility Work By
Highway Contractor Agreement, hereinafter referred to as the Agreement.
NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City:
SECTION 1. That David Allen, Public Works Director for the City of Okeechobee is
hereby authorized and directed to execute and deliver the Agreement
to the FDOT.
SECTION 2. The City Clerk is directed to forward a certified copy of this Resolution,
along with the executed Agreement to the FDOT.
SECTION 3. All resolutions or parts of resolutions in conflict herewith are hereby
repealed.
SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this
Resolution, or application hereof, is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion or
provision and such holding shall not affect the validity of the remaining
portions or applications here.
SECTION 5. This resolution shall become effective immediately upon its adoption.
INTRODUCED in regular session this 1711 day of September, 2013, and ADOPTED after
postponing until this 1" day of October. 2013.
ATTEST: James E. Kirk, Mayor
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Resolution No. 2013-07 Page 1 of 1
low 1111me
0
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010.55
UTILITY WORK AGREEMENT UTILITIES
10104
(at UAO's Sole Expense) Paget of
Financial Project ID: 425846-1-52-01
Federal Project ID: NIA
County: Okeechobee
State Road No.: 70
District Document No: 1
Utility Agency/Owner (UAO): CITY OF OKEECHOBEE
THIS AGREEMENT, entered into this day of , year of , by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter
referred to as the "FDOT, and CITY OF OKEECHOBEE, hereinafter referred to as the "UAO";
WITNESSETH:
WHEREAS, the UAO owns or desires to install certain utility facilities which are located
on the public road or publicly owned rail corridor identified below, hereinafter referred to as the
"Facilities" (said term shall be deemed to include utility facilities as the same may be relocated,
adjusted, or placed out of service); and
WHEREAS, the FDOT, is currently engaging in a project which involves constructing,
reconstructing, or otherwise changing a public road and other improvements located on a
public road or publicly owned rail corridor identified as SR 70 from NW/SW 4th Ave to NE/SE
3`d Ave, State Road No.70, hereinafter referred to as the "Project"; and
WHEREAS, the Project requires the location (vertically and/or horizontally), protection,
relocation, installation, adjustment, or removal of the Facilities, or some combination thereof,
hereinafter referred to as "Utility Work"; and
WHEREAS, under the law of the State of Florida, the Utility Work must be performed at
the sole cost and expense of the UAO; and
WHEREAS, the FDOT and the UAO desire to enter into an agreement which
establishes the terms and conditions applicable to the Utility Work;
NOW, THEREFORE, in consideration of the premises and the mutual covenants
contained herein, the FDOT and the UAO hereby agree as follows:
1. Performance of Utility Work
a. The UAO shall perform the Utility Work in accordance with the utility relocation
schedule attached hereto as Exhibit A and by this reference made a part hereof
(the Schedule) and the plans and specifications for the Utility Work which have
been previously approved by the FDOT (the Plans), said Plans being incorporated
herein and made a part hereof by this reference. If the Schedule and the Plans
have not been prepared as of the date of the execution of this Agreement, then the
Utility Work shall be performed in accordance with the Plans, and the Schedule
that are hereafter prepared in compliance with the notice previously sent to the
UAO which established the terms and conditions under which those documents
are to be prepared. The FDOT's approval of the Plans shall not be deemed to be
,%W
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710.010.56
UTILITY WORK AGREEMENT UTIL110/04/04
(at UAO's Sole Expense) Page 2of9
engineering judgment and the UAO shall at all times remain responsible for any
errors or omissions in the Plans. The Utility Work shall include all Facilities located
on the Project and neither the failure of the UAO to include all of the Facilities in
the Schedule, nor the Plans, nor the failure of the FDOT to identify this omission
during its review of the Plans shall relieve the UAO of the obligation to make those
Facilities part of the Utility Work. Time shall be of the essence in complying with
the total time shown by the Schedule for the Utility Work as well as any and all
interim time frames specified therein. The Utility Work shall be performed in a
manner and using such methods so as to not cause a delay to the FDOT or its
contractors in the prosecution of the Project. The UAO shall be responsible for all
costs incurred as a result of any delay to the FDOT or its contractors caused by
errors or omissions in the Plans or the Schedule (including location of the Facilities
and the proper inclusion of all Facilities as part of the Utility Work as stated above);
failure to perform the Utility Work in accordance with the Plans and Schedule; or
failure of the UAO to comply with any other obligation under this Agreement or
under the law.
b. All Utility Work shall be performed by UAO's own forces or its contractor at the
UAO's sole cost and expense. The UAO shall be responsible for obtaining any
and all permits that may be necessary to perform the Utility Work. The FDOT's
Engineer (as that term is defined by the FDOT's Standard Specifications for Road
and Bridge Construction) has full authority over the Project and the UAO shall be
responsible for coordinating and cooperating with the FDOT's Engineer. In so
doing, the UAO shall make such adjustments and changes in the Plans and
Schedule as the FDOT's engineer shall determine are necessary for the
prosecution of the Project and shall stop work or modify work upon order of the
FDOT's engineer as determined by the FDOT's engineer to be necessary for
public health, safety or welfare. The UAO shall not be responsible for the cost of
delays caused by such adjustments or changes unless they are attributable to the
UAO pursuant to subparagraph 1 a.
c. After the FDOT has received a proper Schedule and Plans, the FDOT will issue a
notice to the UAO which authorizes the Utility Work to proceed. The UAO shall
notify the appropriate FDOT office in writing prior to beginning the Utility Work and
when the UAO stops, resumes, or completes the Utility Work. The Utility Work
shall be performed under the conditions of, and upon completion of the Utility
Work, the Facilities shall be deemed to be located on the public road or publicly
owned rail corridor under and pursuant to, the Utility Permit pending (Note: Intent
of this line is to allow either attachment of or separate reference to the permit).
2. Claims Against UAO
a. In the event the FDOT's contractor provides a notice of intent to make a claim
against the FDOT relating to the Utility Work, the FDOT will, in accordance with
the FDOT's procedure, notify the UAO of the notice of intent and the UAO will
thereafter keep and maintain daily field reports and all other records relating to the
intended claim.
`%W 'Woo
It
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710.010-55
UTILITY WORE( AGREEMENT UTILITIES
,aoa
(at UAO's Sole Expense) Page 3of9
b. In the event the FDOT's contractor makes any claim against the FDOT relating to
the Utility Work, the FDOT will notify the UAO of the claim and the UAO will
cooperate with the FDOT in analyzing and resolving the claim within a reasonable
time. Any resolution of any portion of the claim directly between the UAO and the
FDOT's contractor shall be in writing, shall be subject to written FDOT
concurrence and shall specify the extent to which it resolves the claim against the
FDOT.
3. Out of Service Facilities
No Facilities shall be left in place on FDOT's Right of Way after the Facilities are no
longer active (hereinafter Placed out of service/Deactivated) unless specifically
identified as such in the Plans. The following terms and conditions shall apply to
Facilities Placed out of service/Deactivated, but only to said Facilities Placed out of
service/Deactivated:
a. The UAO acknowledges its present and continuing ownership of and responsibility
for Facilities Placed out of service/Deactivated.
b. The FDOT agrees to allow the UAO to leave the Facilities within the right of way
subject to the continuing satisfactory performance of the conditions of this
Agreement by the UAO. In the event of a breach of this Agreement by the LIAO,
the Facilities shall be removed upon demand from the FDOT in accordance with
the provisions of subparagraph 3. e. below.
c. The LIAO shall take such steps to secure the Facilities and otherwise make the
Facilities safe in accordance with any and all applicable local, state or federal laws
and regulations and in accordance with the legal duty of the UAO to use due care
in its dealings with others. The UAO shall be solely responsible for gathering all
information necessary to meet these obligations.
d. The LIAO shall keep and preserve all records relating to the Facilities, including,
but not limited to, records of the location, nature of, and steps taken to safely
secure the Facilities and shall promptly respond to information requests
concerning the Facilities that are Placed out of service/Deactivated of the FDOT or
other permittees using or seeking use of the right of way.
e. The LIAO shall remove the Facilities upon 30 days prior written request of the
FDOT in the event that the FDOT determines that removal is necessary for FDOT
use of the right of way or in the event that the FDOT determines that use of the
right of way is needed for other active utilities that cannot be otherwise
accommodated in the right of way. In the event that the Facilities that are Placed
out of Service/Deactivated would not have qualified for reimbursement under this
Agreement, removal shall be at the sole cost and expense of the UAO and without
any right of the UAO to object or make any claim of any nature whatsoever with
regard thereto. In the event that the Facilities that are Placed out of
Ed
1%,W *owe
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-55
UTILITY WORK AGREEMENT UTILITIES
,oro4
(at UAO's Sole Expense) Page 4ofs
Service/Deactivated would have qualified for reimbursement only under Section
337.403 (1)(a), Florida Statutes, removal shall be at the sole cost and expense of
the UAO and without any right of the UAO to object or make any claim of any
nature whatsoever with regard thereto because such a removal would be
considered to be a separate future relocation not necessitated by the construction
of the project pursuant to which they were Placed out of service/Deactivated, and
would therefore not be eligible and approved for reimbursement by the Federal
Government. In the event that the Facilities that are Placed out of
service/Deactivated would have qualified for reimbursement for other reasons,
removal of the out of service Facilities shall be reimbursed by the FDOT as though
the Facilities had not been Placed out of service/Deactivated. Removal shall be
completed within the time specified in the FDOT's notice to remove. In the event
that the UAO fails to perform the removal properly within the specified time, the
FDOT may proceed to perform the removal at the UAO's expense pursuant to the
provisions of Sections 337.403 and 337.404, Florida Statutes.
Except as otherwise provided in subparagraph e. above, the UAO agrees that the
Facilities shall forever remain the legal and financial responsibility of the UAO.
The UAO shall reimburse the FDOT for any and all costs of any nature whatsoever
resulting from the presence of the Facilities within the right of way. Said costs
shall include, but shall not be limited to, charges or expenses which may result
from the future need to remove the Facilities or from the presence of any
hazardous substance or material in the Facilities or the discharge of hazardous
substances or materials from the Facilities. Nothing in this paragraph shall be
interpreted to require the UAO to indemnify the FDOT for the FDOT's own
negligence; however, it is the intent that all other costs and expenses of any nature
be the responsibility of the UAO.
4. Default
a. In the event that the UAO breaches any provision of this Agreement, then in
addition to any other remedies which are otherwise provided for in this Agreement,
the FDOT may exercise one or more of the following options, provided that at no
time shall the FDOT be entitled to receive double recovery of damages:
(1) Terminate this Agreement if the breach is material and has not been cured
within 60 days from written notice thereof from the FDOT.
(2) Pursue a claim for damages suffered by the FDOT.
(3) Suspend the issuance of further permits to the UAO for the placement of
Facilities on FDOT property if the breach is material and has not been cured
within 60 days from written notice thereof from the FDOT until such time as
the breach is cured.
(4) Pursue any other remedies legally available.
4
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010.55
UTILITY WORK AGREEMENT ""L1oo
(at UAO's Sole Expense) Page 5of9
(5) Perform any work with its own forces or through contractors and seek
repayment for the cost thereof under Section 337.403(3), Florida Statutes.
b. In the event that the FDOT breaches any provision of this Agreement, then in
addition to any other remedies which are otherwise provided for in the Agreement,
the UAO may exercise one or more of the following options:
(1) Terminate this Agreement if the breach is material and has not been cured
within 60 days from written notice thereof from the UAO.
(2) Pursue any other remedies legally available.
c. Termination of this Agreement shall not relieve either party from any obligations it
has pursuant to other agreements between the parties and from any statutory
obligations that either party may have with regard to the subject matter hereof.
5. Indemnification
FOR GOVERNMENT -OWNED UTILITIES:
To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the
FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost,
charge, or expense arising out of any acts, action, error, neglect, or omission by the
UAO, its agents, employees, or contractors during the performance of the Agreement,
whether direct or indirect, and whether to any person or property to which FDOT or said
parties may be subject, except that neither the UAO, its agents, employees, or
contractors will be liable under this section for damages arising out of the injury or
damage to persons or property directly caused by or resulting from the negligence of
the FDOT or any of its officers, agents, or employees during the performance of this
Agreement.
When the FDOT receives a notice of claim for damages that may have been caused by
the UAO in the performance of services required under this Agreement, the FDOT will
immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the
claim and report their findings to each other within fourteen (14) working days and will
jointly discuss options in defending the claim. After reviewing the claim, the FDOT will
determine whether to require the participation of the UAO in the defense of the claim or
to require the UAO to defend the FDOT in such claim as described in this section. The
FDOT's failure to notify the UAO of a claim shall not release the UAO from any of the
requirements of this section. The FDOT and the UAO will pay their own costs for the
evaluation, settlement negotiations, and trial, if any. However, if only one party
participates in the defense of the claim at trial, that party is responsible for all costs.
FOR NON -GOVERNMENT -OWNED UTILITIES;
The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers,
agents, and employees from any claim, loss, damage, cost, charge, or expense arising
out of any acts, action, error, neglect, or omission by the UAO, its agents, employees,
U
•fir ti.r'
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010.55
UTILITY WORK AGREEMENT UTILITIES
loroa
(at UAO's Sole Expense) Page 6of9
or contractors during the performance of the Agreement, whether direct or indirect, and
whether to any person or property to which FDOT or said parties may be subject,
except that neither the UAO, its agents, employees, or contractors will be liable under
this section for damages arising out of the injury or damage to persons or property
directly caused by or resulting from the negligence of the FDOT or any of its officers,
agents, or employees during the performance of this Agreement.
The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's
option, to participate and associate with the FDOT in the defense and trial of any
damage claim or suit and any related settlement negotiations, shall arise within fourteen
(14) days of receipt by the UAO of the FDOT's notice of claim for indemnification to the
UAO. The notice of claim for indemnification shall be served by certified mail. The
UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall
not be excused because of the_ UAO's inability to evaluate liability or because the UAO
evaluates liability and determines the UAO is not liable or determines the FDOT is
solely negligent. Only a final adjudication or judgment finding the FDOT solely
negligent shall excuse performance of this provision by the UAO. The UAO shall pay
all costs and fees related to this obligation and its enforcement by the FDOT. The
FDOT's delay in notifying the UAO of a claim shall not release UAO of the above duty
to defend.
6. Force Majeure
Neither the UAO nor the FDOT shall be liable to the other for any failure to perform
under this Agreement to the extent such performance is prevented by an act of God,
war, riots, natural catastrophe, or other event beyond the control of the non -performing
party and which could not have been avoided or overcome by the exercise of due
diligence; provided that the party claiming the excuse from performance has (a)
promptly notified the other party of the occurrence and its estimate duration, (b)
promptly remedied or mitigated the effect of the occurrence to the extent possible, and
(c) resumed performance as soon as possible.
7. Miscellaneous
a. The Facilities shall at all times remain the property of and be properly protected
and maintained by the UAO in accordance with the then current Utility
Accommodation Manual and the current utility permit for the Facilities.
b. Pursuant to Section 287.058, Florida Statutes, the FDOT may unilaterally cancel
this Agreement for refusal by the UAO to allow public access to all documents,
papers, letters, or other material subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the UAO in conjunction with this Agreement.
c. This Agreement constitutes the complete and final expression of the parties with
respect to the subject matter hereof and supersedes all prior agreements,
understandings, or negotiations with respect thereto, except that the parties
understand and agree that the FDOT has manuals and written policies and
V"W `war+►
114
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-55
UTILITY WORK AGREEMENT UTILITIES
10/04
(at UAO's Sole Expense) Page 7of9
procedures which shall be applicable at the time of the Project and the relocation
of the Facilities and except that the UAO and the FDOT may have entered into
joint agreements for Utility Work to be performed by FDOT's highway contractor.
To the extent that such a joint agreement exists, this Agreement shall not apply to
Facilities covered by the joint agreement. Copies of FDOT manuals, policies, and
procedures will be provided to the UAO upon request.
d. This Agreement shall be governed by the laws of the State of Florida. Any
provision hereof found to be unlawful or unenforceable shall be severable and
shall not affect the validity of the remaining provisions hereof.
e. Time is of the essence in the performance of all obligations under this Agreement.
All notices required pursuant to the terms hereof may be sent by first class United
States Mail, facsimile transmission, hand delivery, or express mail and shall be
deemed to have been received by the end of five business days from the proper
sending thereof unless proof of prior actual receipt is provided. The UAO shall
have a continuing obligation to notify each District of the FDOT of the appropriate
persons for notices to be sent pursuant to this Agreement. Unless otherwise
notified in writing, notices shall be sent to the following addresses:
If to the UAO:
David Allen, Public Works Director
City of Okeechobee
55 SE 3 Avenue
Okeechobee, FL 34974
If to the FDOT:
FDOT District 1 Utilities Administrator
P.O. Box 1249
Bartow, FL 33831 - 1249
8. Certification
This document is a printout of an FDOT form maintained in an electronic format and all
revisions thereto by the UAO in the form of additions, deletions, or substitutions are
reflected only in an Appendix entitled Changes to Form Document and no change is
made in the text of the document itself. Hand notations on affected portions of this
document may refer to changes reflected in the above -named Appendix but are for
reference purposes only and do not change the terms of the document. By signing this
document, the UAO hereby represents that no change has been made to the text of this
document except through the terms of the appendix entitled "Changes to Form
Document."
on
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010.55
UTILITY WORK AGREEMENT "T',ao4
(at UAO's Sole Expense) Page 8of9
You MUST signify by selecting or checking which of the following applies:
® No changes have been made to this Form Document and no Appendix entitled
"Changes to Form Document" is attached.
❑ No changes have been made to this Form Document, but changes are included
on the attached Appendix entitled "Changes to Form Document."
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day
and year first written.
UTILITY: CITY OF OKEECHOBEE
BY: (Signature) DATE:
(Typed Name: David Allen )
(Typed Title: Public Works Director )
Recommend Approval by the District Utility Office
BY: (Signature) DATE:
FDOT Legal review
BY: (Signature) DATE:
District Counsel
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (Signature) DATE:
(Typed Name: Chris Smith )
(Typed Title: Director of Transportation Development )
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY: DATE:
1%w
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710.01055
UTILITY WORK AGREEMENT UTILITIES
10104
(at UAO's Sole Expense) Page 9of9
(Typed Name: NIA
(Typed Title: NIA )
on
A"W
Rule 14AS
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK SCHEDULE
710-010-05
UTILITIES
12r09
Page 1 of 3
Financial Project ID: 425846-1-52-01
Federal Project ID: NIA
County: Okeechobee
State Road No.: 70
District Document No: 1
Utility Agency/Owner (UAO): City of Okeechobee
A. Summary of Utility Work And Execution
Estimated Time
(calendar days)
Total Time Prior To FDOT Project Construction 5
Total Time During FDOT Project Construction 4
This document has been developed as the method for a Utility Agency/Owner (UAO) to transmit to the Florida Department of Transportation
(FDOT), the FDOT's Contractor, and other right-of-way users, the location, relocation, adjustment, installation, and/or protection of their
facilities, on this FDOT project. The following data is based on FDOT preliminary construction plans dated August 1.2013 Any
deviation by the FDOT or its contractor from the plans, as provided, may render this work schedule null and void. Upon notification by
FDOT of such change, this utility may require additional days for assessment and negotiation of a new work schedule. This UAO is not
responsible for events beyond the control of the UAO that could not reasonably be anticipated by the UAO and which could not be avoided
by the UAO with the exercise of due diligence at the time of the occurrence. The UAO agrees to notify the Department in writing prior to
starting, stopping, resuming, or completing work.
UAO Project Representative: David Allen Telephone Number: 863-763-3372 x 225
UAO Field Representative: Donnie Robertson Telephone Number: 863-763-3372 x 213
This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO in the form of
additions, deletions or substitutions are reflected only in an Appendix entitled "Changes to Form Document" and no change is made in the
text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above -named
Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby
represents that no change has been made to the text of this document except through the terms of the appendix entitled "Changes to Form
Document".
You MUST signify by selecting or checking which of the following applies:
® No changes to forms document.
❑ Appendix "Changes to Forms Document" is attached. _ Number of Attachment Pages.
Axit ti ri ed Utility Agent: '"Engineer of Record (EOR): Acceptance by District Utilities:
I r (Signature) (Signature) (Signature)
David Allen Erik Leschak, PE Shirley McCrary
(Printed Name) (Printed Name) (Printed Name)
Director of Public Works Engineer of Record District Utilities Administrator
(Title) (Title) (Title)
(Date) (Date) (Date)
("When requested by the District, the FOR will attest to compatibility of plans, specifications and Utility Work Schedule)
STATE OF FLORIDA DEPARTMM OF TRANSPORTATION
UTILITY WORK SCHEDULE
71"I"s
UTILITIES
1=9
Page 2 of 3
Financial Project ID: 425846-1-52-01
Federai Project ID: NIA
County: Okeechobee
State Road No.: 70
District Document No:1
Utility Agency/Owner (UAO): City of Okeechobee
B. I Special Conditions J Constraints
The City maintains an irrigation system within the park area that will be out and capped prior to construction.
The City maintains some electrical outlets within the park area that will be removed prior to construction.
There is a buried Emergency Traffic Signal Communications cable within a 2" conduit that runs under the existing sidewalk along the southeast quadrant of the
Intersection of SR 70 and US 441, between US 441 and SE 8'd Ave. The City of Okeechobee will place new FOC within the proposed conduit to be placed by the
contractor.
3
s
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK SCHEDULE
71M10-05
UTILITIES
12/09
Page 3 01`3
Financial Project ID: 425846-1-52-01
Federal Project ID: NIA
County: Okeechobee
State Road No.: 70
District Document No:1
Utility Agency/Owner (UAO): City of Okeechobee
C.
I Disposition of Facilities (List All Existing & Proposed) on Project:
UTILITY FACILITIES BY STATUS/
DESCRIPTION
M.O.T.
CONSECUTIVE
TYPE/SIZE/MATERIAL/OFFSET TO
OF
DEPENDENT
PHASE
CALENDAR
BASELINE FROM STA TO STA
UTILITY WORK
ACTIVITIES
NUMBER
DAYS
STA 47+20, 75' RT to STA 55+78, 75'
To remain
None
N/A
0
RT — 4" PVC WM
STA 48+39, 75' RT to 55' RT, to STA
To be removed
None
Prior to Const
1
50+04, 55' RT, then exiting R/W — 2"
PVC WM
STA 50+04 55' RT to STA 50+76, 55'
To be removed
None
Prior to Const
1
RT, then exiting R/W — 2" PVC WM
STA 52+07, 60' RT to 58' RT, to STA
To be removed
None
Prior to Const
1
54+48, 58' RT, then exiting R/W — 2"
PVC WM
STA 55+78, 60' RT to 57' RT, to STA
To be removed
None
Prior to Const
1
58+16, 57' RT, then exiting R/W — 2"
PVC WM
STA 60+60, 46' RT to 62+30, 46' RT — 2"
To be removed
None
Prior to Const
1
PVC WM
STA 60+72, 48' RT —12" galv. storm
To remain
None
NIA
0
pipe enters into R/W from south and
ties into FDOT drainage
BE Emergency Traffic cable within 2"
Proposed — to be placed within the 2" conduit that will be
Prior to drainage
1
2
conduit 58+33, 60' Lt. on the NW
constructed by FDOT's contractor
replacement; ties
corner (proposed cabinet) crossing SR
into temporary
70 from to 58+20, 60' Rt. to
traffic signal
58+39, 87' Rt, then cross US 441 to
59+59, 84' Rt, to 66+16, 53' Rt. on the
SE corner of SE 31d Avenue.
BE Emergency Traffic FOC
To be removed
Placement &
1
2
STA 58+35, 57' RT to STA 66+15, 47'
activation of new
RT
traffic cable
STA 62+45, 8" San crossing SR 70
To remain
None
NIA
0
'V41W -age
TO:
101113-Aenc`a Aem3 new Rwineii-,4anct 9
C_.xYCl b 3 and 4
MEMORANDUM
Mayor, Council Members, Attorney DATE: February 19, 2013
Cook, and Administrator Whitehall
FROM: City Clerk Gamiotea SUBJECT: Amend wording on motions
The two proposed locally funded agreements between the City and FDOT need to be
approved by a resolution. Please consider the following motions for New Business Items
A and B:
Motion to adopt proposed Resolution No. 2013-10, approving and authorizing the Mayor
to execute a Locally Funded Agreement with FDOT for Crosswalk Improvements in the
amount of $68,036.00 within the State Road 70 Improvements Project.
Motion to adopt proposed Resolution No. 2013-11, approving and authorizing the Mayor to
execute a Locally Funded Agreement with FDOT for Traffic Mast Arm Signals in the amount of
$24,800.00 within the State Road 70 Improvements Project.
Exhibit 3
October 1, 2013 Agenda
RESOLUTION NO. 2013-10
A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA APPROVING A
LOCALLY FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR CROSSWALK IMPROVEMENTS IN CONJUNCTION WITH
STATE ROAD 70 IMPROVEMENTS PROJECT; PROVIDING FOR PAYMENT
SUBMITTAL AND PROCEDURES; PROVIDING TO AUTHORIZE THE MAYOR TO
EXECUTE AGREEMENT; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation, hereinafter referred to as FDOT,
proposes to construct or reconstruct transportation facility improvements identified on the Five -
Year Work Plan as Project ID No. 425846-1-52-01, State Road 70, from NW/SW 4th Avenue
to NE/SE 3rd Avenue, hereinafter referred to as the Project; and
WHEREAS, the City of Okeechobee requested that FDOT include street scape improvements within
the Project area in an effort to provide State Road 70, also known within the City Limits as
North Park Street, with aesthetic amenities and traffic calming devices; and
WHEREAS, FDOT required that the City of Okeechobee adopt a Resolution authorizing the
execution and delivery to the FDOT, the agreement as identified as Locally Funded Agreement
(Crosswalk Improvements), hereinafter referred to as the Agreement; and
WHEREAS, the City of Okeechobee has the authority, pursuant to Chapter 163, Florida Statutes, to
enter into the Agreement with FDOT to improve transportation facilities on the State Highway
System, finding it in the best interest of the citizens of the City of Okeechobee.
NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida;
presented at a duly advertised public meeting; and passed by majority vote of the City Council;
and properly executed by the Mayor or designee, as Chief Presiding Officer for the City:
SECTION ONE: That the Agreement, attached herewith as Exhibit A, sets forth the payment
procedures to the FDOT to install patterned pavement at certain crosswalks, Per
Pay Item 523-1, within the Project area and as set out in the Contract Plans,
Sheet No. 160 through 163, dated September 27, 2013. Estimated cost being
$68,036.00.
SECTION TWO: That James E. Kirk, Mayor for the City of Okeechobee, is authorized to execute
the Agreement. Further directing the City Clerk to forward a certified copy of this
Resolution, along with the executed Agreement to the FDOT.
SECTION THREE: Conflict. All Resolution or parts of Resolutions in conflict herewith are hereby
repealed.
SECTION FOUR: Severability. If any section, subsection, sentence, clause, phrase or portion of
this Resolution, or application thereof shall for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion or provision
and such holding shall not affect the validity of the remaining portions or
applications here.
SECTION FIVE: This resolution shall become effective immediately upon its adoption.
INTRODUCED AND ADOPTED in regular session this 15t day of October, 2013.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
James E. Kirk, Mayor
John R. Cook, City Attorney
Resolution No. 2013-10 Page 1 of 1
41
4m" Edlibit 3
Oct 1, 2013 FM #
LFA:
Page] of 5
LOCALLY FUNDED AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND CITY OF OKEECHOBEE
This is an Agreement between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, (hereinafter, the "DEPARTMENT") and CITY OF OKEECHOBEE,
(hereinafter, the
"CITY") for the CITY to provide funds to the DEPARTMENT for
WITNESSETH
1. WHEREAS, at the request of the CITY, the DEPARTMENT has included in its Five Year
Work Program the under FM # in
Fiscal Year (hereinafter, the "PROJECT"); and
2. WHEREAS, the estimated PROJECT cost for is
DOLLARS $ ); and
3. WHEREAS, the CITY agrees to provide all funding to the DEPARTMENT for the cost of
;and
4. WHEREAS, the CITY, by Resolution dated the _ day of , 201_, a copy of
which is attached hereto and made a part hereof, has authorized the Chairman or Designee to
enter into this Agreement.
NOW THEREFORE, in consideration of the mutual benefits to be derived from joint
participation in this Agreement, the parties agree as follows:
1. The CITY shall, at least 14 (fourteen) calendar days prior to the DEPARTMENT's
advertising the PROJECT for bid, fiirnish the DEPARTMENT a deposit in the amount of
DOLLARS ($ for
full payment of the estimated PROJECT cost for locally funded project number
. The DEPARTMENT may utilize this deposit for payment of the costs
of the PROJECT.
2. The DEPARTMENT shall deposit the above amount in an interest bearing account with the
Department of Financial Services, Division of Treasury, in the name of the Florida Department
of Transportation and in accordance with the terms and conditions of the Memorandum of
Agreement executed by the DEPARTMENT, the CITY and the Department of Financial
Services, which is incorporated by reference into this Agreement. All deposits shall be made
payable to the Department of Financial Services, Revenue Processing and mailed to the Florida
Department of Transportation:
Florida Department of Transportation
OOC-GAO, LFA Section
fir'" 1100
FM #
LFA:
Page 2 of 5
605 Suwannee Street, MS 42B
Tallahassee, FL 32399
3. Failure of the CITY to deposit the amount and within the time frame specified above in
Paragraph 1 shall be grounds for termination of this Agreement.
4. The CITY agrees to provide additional funding as needed to complete the PROJECT. If the
PROJECT is terminated by the DEPARTMENT through no fault of the CITY, the
DEPARTMENT shall return to the CITY all the unexpended funds including interest on the
deposit.
5. Interest from the Account shall be left in the Account to cover future deficiencies.
5. If the accepted bid amount plus allowances are in excess of the advance deposit amount, the
will provide an additional deposit within fourteen (14) calendar days upon notification from
the DEPARTMENT or prior to posting of the accepted bid, whichever is earlier, so that the
total deposit is equal to the bid amount plus allowances. The DEPARTMENT will notify
the CITY as soon as it becomes apparent the accepted bid amount plus allowances are in
excess of the advance deposit amount; however, failure of the DEPARTMENT to so notify
the CITY shall not relieve the CITY from its obligation to pay for its full participation on final
accounting as provided herein below. If the CITY cannot provide the additional deposit
within 14 (fourteen) days, a letter must be submitted to and approved by the
DEPARTMENT'S project manager indicating when the deposit will be made. The CITY
understands that the request and approval of the additional time could delay the PROJECT,
and additional costs may be incurred due to a delay of the project.
7. If the accepted bid amount plus allowances are less than the advance deposit amount, the
DEPARTMENT will refund the amount by which the advance deposit exceeds the bid amount
plus allowances if such refund is requested by the CITY in writing. However, failure of the
CITY to request the refund from the DEPARTMENT shall not relieve the DEPARTMENT
from its obligation to refund the amount determined on final accounting.
8. Should PROJECT modifications or changes to bid items occur that increase the total
PROJECT costs, the DEPARTMENT shall notify the CITY in advance and provide
documents for review and acceptance by the CITY. The CITY agrees to provide, without
delay, in advance of the additional work being performed, adequate funds to ensure that
cash on deposit with the DEPARTMENT is sufficient to fully fund the PROJECT. The
DEPARTMENT shall notify the CITY as soon as it becomes apparent the actual costs will
overrun the award amount; however, failure of the DEPARTMENT to so notify the CITY
shall not relieve the CITY from its obligation to pay during the PROJECT and on final
accounting as provided herein below. Funds due from the CITY and not paid to the
DEPARTMENT within 40 (forty) calendar days from the date of the invoice are subject to an
interest charge at a rate established pursuant to Fla. Stat. §55.03.
9. The DEPARTMENT intends to have its final and complete accounting of all costs incurred in
connection with the work performed hereunder within three hundred and sixty days (360) of
final payment to the Contractor(s). The DEPARTMENT considers the PROJECT complete
when the final payment has been made to all Contractor(s). All PROJECT cost records and
0
0
FM #
LFA:
Page 3 of 5
accounts shall be subject to audit by a representative of the CITY for a period of three (3)
years after final close out of the project. The CITY will be notified of the final cost. Both
parties agree that in the event the final accounting of total project costs pursuant to the terms of
this agreement is less than the total deposits to date, a refund of the excess including any
accrued interest will be made by the DEPARTMENT to the CITY. If the final accounting is
not performed within three hundred and sixty (360) days, the CITY is not relieved from its
obligation to pay and the Department is not relieved from its obligation to make the refund.
10. In the event the final accounting of total project costs is greater than the total deposits to date,
the CITY will pay the additional amount within forty (40) calendar days from the date of the
invoice from the DEPARTMENT. The CITY shall pay interest at a rate as established
pursuant to Fla. Stat. §55.03, on any invoice not paid within forty (40) calendar days until the
invoice is paid.
11. The DEPARTMENT shall provide PROJECT schedule progress reports to the CITY in the
standard format used by the DEPARTMENT and at intervals established by the
DEPARTMENT. The CITY will be entitled at all times to be advised, at its request, as to the
status of work being done by the DEPARTMENT and of the details thereof. Either party to the
Agreement may request and be granted a conference.
12. All tracings, plans, specifications, maps and/or reports prepared or obtained under this
Agreement shall be considered works made for hire and shall become the property of the
DEPARTMENT without restriction or limitation on their use.
13. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the
COUNTY. The CITY shall not be obligated or liable hereunder to any party other than the
DEPARTMENT.
14. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of
competent jurisdiction or by any other legally constituted body having the jurisdiction to make
such determination, the remainder of this Agreement shall remain in full force and effect
provided that the part of this Agreement thus invalidated or declared unenforceable is not
material to the intended operation of this Agreement.
15. The parties recognize and accept the funding restrictions set forth in Fla. Stat. §339.135(6)(a),
and Fla. Stat. §166.241, which may affect each of the parties' obligations. Accordingly, the
DEPARTMENT'S performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Legislature, and the CITY'S performance and obligation to pay
under this Agreement is contingent upon an annual appropriation by the CITY
Commissioners. The DEPARTMENT ensures that Fla. Stat. §339.135(6)(a) is contained in its
contracts as required by this statutory provision.
a. Florida Statutes §339.135(6)(a): The Department during any fiscal year shall not expend
money, incur any liability, or enter into any contract which, by its terms, involves the
expenditure of money in excess of the amounts budgeted as available for expenditure
during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The Department
shall require a statement from the Comptroller of the Department that funds are available
prior to entering into any such contract or other binding commitment of funds. Nothing
FM #
LFA:
Page 4 of 5
herein contained shall prevent the making of contracts for periods exceeding 1 year, but
any contract so made shall be executory only for the value of the services to be rendered
or agreed to be paid for in succeeding fiscal years; and this paragraph shall be
incorporated verbatim in all contracts of the Department which are for an amount in
excess of $25,000 and which have a term for a period of more than 1 year.
16. When either party receives a notice of claim for damages that may have been caused by the
other party in the performance of services required under this Agreement, that party will
immediately forward the claim to the other party. Each party will evaluate the claim and report
its findings to each other within fourteen (14) working days and will jointly discuss options in
defending the claim.
17. This Agreement shall continue in effect and be binding on the parties until the PROJECT is
completed. However, the obligation to maintain the PROJECT after
completion shall survive the term of this Agreement.
18. This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements, or understandings applicable to the matters contained herein, and the parties agree
that there are no commitments, agreements or understandings concerning the subject matter of
this Agreement that are not contained in this document. Accordingly, it is agreed that no
deviation from the terms hereof shall be predicated upon any prior representations or
agreements whether oral or written. It is further agreed that no modification, amendment or
alteration in the terms or conditions contained herein shall be effective unless contained in a
written document and executed by both parties.
19. Vendors/Contractors shall utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the
Vendor/Contractor during the term of the contract; and Vendors/Contractors shall expressly
require any subcontractors performing work or providing services pursuant to the state contract
to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during the contract
term.
20. This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida.
21. All notices under this Agreement shall be directed to the following:
TO DEPARTMENT: TO CITY OF OKEECHOBEE:
"0
FM #
LFA:
Page 5 of 5
IN WITNESS WHEREOF, CITY has caused this Agreement to be
executed in its behalf, by the Chairman or its designee, as authorized by Resolution Number
, and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this
Agreement to be executed in its behalf through its District Secretary or authorized designee. This
Agreement shall become effective on:
DEAPARTMENT to enter date.
ATTEST
CLERK
ATTEST
CITY
(Seal)
DATE PRINT NAME DATE
LEGAL REVIEW:
BY:
DATE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
EXECUTIVE SECRETARY
BY:
(SEAL) DISTRICT ONE SECRETARY
OR DESIGNEE
PRINT NAME DATE PRINT NAME
FLA. DEPT. OF TRANS. LEGAL REVIEW:
BY:
DATE
DATE
City of Okeechobee '%w 55 SE Y_dAv Okeechobet FL 34974-2932
Office of the City Administrator Brian Whitehall
Ph 863-763-3372 Fax 763-1686 email.- bwhiteliall(i�citvofokeechobee.com
* * * * *Memorandum * * * * *
Date: for Oct 1 � 2013 mtg
TO: Mayor & City Council
DPWks Allen
FR: Administrator Vvlhiteh,,
RE:
PROS:
1.
2.
3.
4.
CONS:
FDOT Funding Agreelnents - Uosswalks
Agenda item NEW BUSINESS (A) Exhibit 3
Merits of authorizing the improvements
BeautiXication. City has actively solicited improvements from FDOT to provide
aesthetically 'downtown -looking' amenities so that the improvement doesn't look
like an interstate running thru' our city.
Cost gppropriate. Culpepper & Terpening has advised that they were involved in
a PSL project 6 years ago and the cost was $1 10/sq yd. This project is estimated
at $104.5 1 /sq yd.
Cost covers multiple blocks. After investigating have found that plan
modifications (attached) reflect that I I (eleven) crosswalks are included.
Funding mindset. The City added $30k for sidewalk improvements in the Public
Facilities Fund along with $50k in streetscape (Gen Fund Cap Impr Fund) albeit
maybe not specifically for this purpose.
1. Buda
,,et. The estimated $68, 036 completely corrupts the City's Public Facilities
budget and will require a budget adjustment. Notwithstanding the above,
exploring the cash/budget:
Public Facilities Fund reserves - $875k
Expected annual revenue - $642k
Transfer to Gen Fund annually $398k
f/y/e 14 budget $676k
Ending expected balance fye 14 $443k
2. No negotiating leverg&. When asked to negotiate, the FDOT has advised that,
minus the Agreement(s), they will simply assume the City isn't interested and
proceed.
3. Wait to do the projec . If the City wishes to wait, the stamped process can be done
anytime.
4. Mast arm painti . The City also has the expense of Item (13) $24,800 ($6200@)
SUMMARY OF LANDSCAPE
PAY
ITEM NO.
DESCRIPTION
UNIT
SHEET NUMBERS
GRAND
TOTAL
155
156
1 157
1 158
1
1
110-15-2
ARBORIST WORK TREE PRESERVATION
EA
I
1
2
523-1
PATTERNED PAVEMENT, VEHICULAR AREAS
5Y
69
427
135
526-1-2
PAVERS, ARCHITECTURAL, SIDEWALK
SY
66
117
160
98
441
591-1-2
IRRIGATION SLEEVE 4" DIA (2 PER CROSSING)
LF
57
360
-191
346
i056
4 5 q SURVEY SR 7 0 — 4 7 SIR 70
N 89' 50' 51" E
LEGEND
EXISTING TREE TO BE REMOVED
EXISTING TREE TO BE PROTECTED
IRRIGATION SLEEVE
(SEE PLANS FOR SPECIFIC SIZES)
-------------
RIP L,.e-
SIGHT DISTANCE LINE
PER FOOT INDEX 546 (TYP.)
STA. 48+13.50. 29.58' RT.
BEGIN HARDSCAPE: CONCRETE SIC
BRICK TRIM AT BACK OF CURB
Z
STA. 48+00.93
IBEGIN PROJECT 0 10 40
BEGIN TREE REMOVAL
Feet
STA 48�12.67, 28.89' LT.
S BEGIN HARDSCAPE: CONCRETE SIDEWALK WITH
BRICK TRIM AT BACK OF CURB
INSTALL CONCRETE SIDEWALK WITH —
BRICK PAVERS BEHIND BACK OF CURB
E HARDSCAPE DETAILS ON LANDSCAPE
SE D
I ISE
PLAN (6�)
L
4 4 9
- - - ------------------ —
5 0
1
1
(2),4" SC"qo.---ff,7:11
Lble
PVd-SLEEVE PIPE 4
36"
361,
22'
INSTALL CONCRETE SIDEWALK WITH
BRICK PAVERS BEHIND BACK OF CURB
(SEE HARDSCAPE DETAILS ON LANDSCAPE
S PLAN (6))
TYPICAL TREE BARRICADE: PLACE AROUND ALL
x PROTECTED TREES (SHOWN WITH THIS SYMBOL)
CONTRACTOR TO REFER TO: FDOT PPM, BRIDGE
AND HWY. STNDS. & FLORIDA HIGHWAY LANDSCAPE
GUIDE (WPI NO. 0510694) AS SUBMITTED BY
TAMPA BAY ENGINEERING AND
PHIL GRAHM AND COMPANY, P.A.
DATES APRIL 14, 1995 AND ALL
SUBSEOUENT EDITIONS
DESCRIMON - I — DATE I DESCRIPTION ICHOLS LANDSCAPE ARCHITECT�E INC. S TA TH OF FL ORrDA SHEET
14 Raker Rd.. Sufte A LlEPART,'lEA7'OF TJ?ANSP0NTATlOV NO.
L�. FL 33549 ROAD NO. COUNTY FINANCIAL PROJECT 15'
813.948.8010o. 813.398,8590f. LANDSCAPE PLAN (2)
Achols4a—
ella R. N"3, RIA LADDOISIA 70 OKEECHOBEE 425846-1-52-01 160
—13 1-2 � M —PROJEC—f I 101-2-615MI-M—N—LMS OGN
3
NE
r
L4(2) 3 SCH. 40
PVC "SLEEVE PIPE
LEGEND
EXISTING TREE TO BE REMOVED
EXISTING TREE TO BE PROTECTED
IRRIGATION SLEEVE
(SEE PLANS FOR SPECIFIC SIZES)
INSTALL CONCRETE SIDEWALK WITH
BRICK PAVERS BEHIND BACK OF CURB
ISE5 HARDSCAPE DETAILS ON LANDSCAPE
PLAN (6))
RIW Lene
0:
(2) 4' $CH. 40
CL
IN
PVC SLEEVE PIPE
SURVEY SR 70 SR 70
uj
51 ]111
52 53
5,4
55
CL
U)
INSTALL 6' WIDE PATTERNED AVEMENT
I —PER
N 89- .50' 51- E
C,
PAY ITEM 523'1 AND FDOPT SPECIFICATIONS,
COLOR TO MATCH BRICK PAVERS, TYP.
LLJ
L.,
:�2
\Z367
SIGHT DISTANCE LINE�,'
CONSTRUCT TREE PROTECTION
�PER FOOT INDEX 546 (TYP.)
PER FOOT
INSTALL CONCRETE SIDEWALK WITH
BRICK PAVERS BEHIND BACK OF CURB
(2) 4* SCH. 40 ......
(SEE HARDSCAPE DETAILS* ON LANDSCAPE
r
PVC SLEEVE PIPE
PLAN- (6))
0
10 40
Feet
Cl
7 ---------
56
(3) 4" SCH. 40
PVC SLEEVE PIPE
40-
X
—261E � DESCRIPTION - ------- DESCAIPrION NICHOLS LANDSCAPE ARCHITECTURE INC. STATE OF FLOJUDA SHEET
148 Whhker Rd.. SUN A DEPART'lE.%-r OF TJ?AIV8POJ?T4TT0N NO.
LUU. FL 33549 ROAD NO. C UNTY I FINANCIAL PROJECT ID LANDSCAPE PLAN (5)
813.948.8810o. 813.396.88901.
Ad."-
17 Celia R. NIchols, RLA LA00DI518 70 OKEECHOBEE 1 425846-1-52-01 161
q SURVEY SR 15 (US 441)
STA 59*40.16. 102.86' LT. 0 10 40
BEGIN CONCRETE SIDEWALK
WITH BRICK TRIM
Feet
IRRIGATION SLEEVE
(SEE PLANS FOR SPECIFIC SIZES) b INSTALL CONC ETE SIDEWALK WITH
BRICK PAVERSRBEHIND BACK OF CURB
ILI
(SEE HARDSCAPE DETAILS ON LANDSCAPE
7- PLAN (5))
S Er
A. 56+5534. 97,26' LT�
NO CONCRETE SIDEWAL
WITH BRICK TRIM
RIW 1-1—
INTE N,
SECE 0
STA 58IR94 SR 70
57 STA. 228+21.43 SR 15 (US 441) 56
.59
ow I-
SURVEY SR 70---
60
INSrA LL 10' WIDE PATTERNED PAVEMEN T
PER PAY ITEM 923-1 AND FOOT SPECIFICATIONS,
COLOR TO MATCH BRICK PAVERS. ryp.
61
N 89' 49' 26'
SR 70 q SURVEY SR 70
V'
(2)-4" $CH. 40 PVC
24"
SLEEVE PIPES
2
7-
R1W Line
SAB L MINOR =rz
- - - - ----
EXISTING
- - - - - CHAMBER
OF
COMMERCE'
-
- - - - -
BUILDING
SABAI: MINOR
INSTALL CONCRETE SIDEWALK WITH
IN
BRICK PAVERS BEHIND BACK OF CURB
(SEE HARDSCAPE DETAILS ON LANDSCAPE
PLAN (6))
STA. 226+80.00. 46.66' LT.
STA 226+80.60. 4017' RT.
SIDEWALK,
SITE DISTANCE
LINE BEGIN CONCRETE 51DEWALK
WITH BRICK rR M
PER FOOT
INDEX
546 (TYP WITH BRICK TRIM
REVISIONS NVCHOVS LANDSCAPE ARCATECIURE INC. 5 TA TE OF FLORIDA SHEET
DATE DESCRIPTION I DATE I DESCRIPTION 145 Whkakw Rd., Sub A DEPARTIVEA7 OF TRANSPORTATION NO.
L.ft. F 33549 ROAD NO. COUNTY FINANCIAL PROJECT ID LANDSCAPE PLAN (4)
813.948.63100. 813.398.86901.
,,n,, 70 OKEECHOBEE 425846-1-52-01 162
Ca.R.Ni�d,.RLALA�1515 —� I 1 11.10 1�— 11 1 1.0-111110—;7-05-5 . ..... —.—A
11
LEGEND
EXISTING IRE- TO BE REMOVED
EXISTING TREE TO BE PROTECTED
IRRIGATION SLEEVE
(SEE PLANS FOR SPECIFIC SIZES)
0
Feet
STA. 66+9 8
END PROJECT
END TREE REMOVAL
'.86'LT.
-"-
(2) 4' SCH. 40 INSTALL CONCRETE SIDEWALK WITH
CONCRETE SIDEWALK
i
PVC SLEEVE PIPE BRICK PAVERS BEHIND BACK OF CURB
WITH BRICK TRIM AT BACK
(SEE HARDSCAPE DETAILS ON LANDSCAPE
OF SIDEWALK
PLAN (6))
SIGHT DISTANCE
LINE PER F OT
D(TYP.)
INDEX 546
1, Lilt
RI V ne
(2) 4- SCH' 40 'y
VC
P SLEEVE PIPE
SR 70
k SURVEY SR 70
62
1
63 64
L i
65 616
I
6,7
N 89' 49' 26" E
INSTALL 6- WIDE PATTERNED PAVEMENT
PER PAY ITEM 523.1 AND FOOT SPECIFICATIONS,
COLOR TO MATCH BRICK PAVERS, TYP.
.... .. ..
......
CRL�A�;" CRAPE 6' HT.
3' H li.
CR�PE Y H 14-
�E 12,
VE6
7�77CR
RlW Ljne
, - ,
I
%
'Al.
RIW Line
'R1W Line
all
PVC
4* SCH, 40 'VV
C
1,
STA. 71+46. 0
MAIN L NE
I
SLEEVE PIPE
STA 66+25.57, 0.57' L
END CONSTRUCTION
END HARDSCAPEI:
CONC ETE SIDEWALK
WITH CK TRIM AT BACK
Z
INSTALL CONCRETE SIDEWALK WITH —j
OF SIDEWALK
SC
(2) 4" H. 40
I
8 ICK PAVERS BEHIND BACK OF CURB
.
N
1
PV C SLEEVE PIPE
(SEE HARDSCAPE DETAILS ON LANDSCAPE
Q
.1
PLAN (6))
DESCRIPTION ....... TION, NICHOLS LANDSC�E MCHITECTURE INC. 5 TATE OF FLORIDA SHEET
DESCRIP 14SVVhIWk.rRcL.S,MA DETART,11E.VT OF TRAN8PORrA TION NO.
LutZ. FL 33549 ROAD NO. COUNTY FINANCIAL PROJEcr 1D LANDSCAPE PLAN (5)
813.948.8810� SI&398.S890f.
gznIchob4&wm
R. Nichob, RLA LAOD01518 70 OKEECHOBEE 425846-1-52-01 163
1. �2 11 - I
NOW Exhibit 4
1*AW
Oct 1, 2013 FPID PROJECT #
LOCALLY FUNDED AGRE EMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND CITY OF OKE ECHOBEE
This is an Agreement between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION (hereinafter, "DEPARTMENT") and
CITY OF OKEECHOBEE hereinafter,
"CITY") for the C IT Y to provide the DEPARTMENT with a lump sum amount to
include a
WITNESSETH
A. WHEREAS, the DEPARTMENT has included in its Five Year Work Program in Fiscal Year
to ; and
B. WHEREAS, the CITY requested the DEPARTMENT provide
(hereinafter, the "PROJECT"); and
C. WHEREAS, the DEPARTMENT and CITY desire to enter into this Lump Sum Non -
reimbursable Locally Funded Agreement to set fbith the terms and conditions upon which
CITY shall provide funding for PROJECT; and
D. WHEREAS, the CITY, by Resolution dated the day of 2013, a
copy of which is attached hereto and made a part hereof, has authorized the Chairman or
designee to enter into this Agreement.
NOW THEREFORE, in consideration of the mutual benefits to be derived from joint
participation in this Agreement, the parties agree as follows:
1. The CITY agrees that it will, at least (14) fourteen calendar days prior to
DEPARTMENT's advertising of the PROJECT, furnish the DEPARTMENT with a lump
sum non-refundable deposit in the amount of THOUSAND
DOLLARS
2. All deposits shall be made payable to the Florida Department of Transportation:
Florida Department of Transportation
OOC-GAO, LFA Section
605 Suwannee Street, MS 42B
Tallahassee, FL 32399
3. The DEPARTME NT shall provide any additional funding to complete the PROJECT.
4. Failure of the C IT Y to deposit said amount shall be grounds for termination of this
Agreement.
5. The DEPARTMENT and the CITY agree that the payment shall be an asset of the
DEPARTMENT and that it constitutes a full and final payment for the cost of the work
without any requirement for a subsequent accounting for the use of the payment.
6. This Agreement shall continue in effect and be binding on the parties until the PROJECT is
completed. Hovever, the obligation to maintain the PROJE CT after
completion shall survive the term of this Agreement.
OOW-
FPID PROJECT #
LFA:
Pagge 2 of 3
7. All tracings, plans, specifications, maps and/or reports prepared or obtained under this
Agreement shall be considered works made for hire and shall become the property of the
DEPARTMENT without restriction or limitation on their use.
8. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the
CITY.
9. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of
competent jurisdiction or by any other legally constituted body having the jurisdiction to
make such determination, the remainder of this Agreement shall remain in full force and
effect provided that the part of this Agreement thus invalidated or declared unenforceable is
not material to the intended operation of this Agreement.
10. This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein, and
the parties agree that there are no commitments, agreements or understandings concerning
the subject matter of this Agreement that are not contained in this document, Accordingly, it
is agreed that no deviation from the terms hereof shall be predicated upon any prior
representations or agreements whether oral or written. It is further agreed that no
modification, amendment or alteration in the terms or conditions contained herein shall be
effective unless contained in a written document and executed by both parties.
Rest of this page intentionally left blank.
law
FPID PROJECT#
LFA:
Page 3 of 3
IN WITNESS WHEREOF, CITY has caused this Agreement to be executed in its behalf
through its Chairman or its designee, as authorized by Resolution Number , and
the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be
executed in its behalf through its District Secretary or authorized designee: This Agreement shall
become effective on:
Departmcnt to cnter datc.
ATTEST
(SEAL)
CHAIRMAN OR DESIGNEE
DATE PRINT NAME DATE
SFWMD LEGAL REVIEW:
BY:
DATE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST
BY:
EXECUTIVE SECRETARY (SEAL) DISTRICT SECRETARY OR DESIGNEE
DISTRICT ONE
PRINT NAME DATE PRINT NAME DATE
FLA. DEPT. OF TRANS. LEGAL REVIEW:
BY:
DATE
*#MW Exhibit 4
October 1, 2013 Agenda
RESOLUTION NO. 2013-11
A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA APPROVING A
LOCALLY FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR TRAFFIC MAST ARM IMPROVEMENTS IN
CONJUNCTION WITH STATE ROAD 70 IMPROVEMENTS PROJECT; PROVIDING
FOR PAYMENT SUBMITTAL AND PROCEDURES; PROVIDING TO AUTHORIZE
THE MAYOR TO EXECUTE AGREEMENT; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation, hereinafter referred to as FDOT,
proposes to construct or reconstruct transportation facility improvements identified on the Five -
Year Work Plan as Project ID No. 425846-1-52-01, State Road 70, from NW/SW 4 th Avenue
to NE/SE 3 rd Avenue, hereinafter referred to as the Project; and
WHEREAS, the City of Okeechobee requested that FDOT include street scape improvements within
the Project area in an effort to provide State Road 70, also known within the City Limits as
North Park Street, with aesthetic amenities and traffic calming devices; and
WHEREAS, FDOT required that the City of Okeechobee adopt a Resolution authorizing the
execution and deliveryto the FDOT, the agreement as identified as Locally Funded Agreement
(Traffic Mast Arm Improvements), hereinafter referred to as the Agreement; and
WHEREAS, the City of Okeechobee has the authority, pursuant to Chapter 163, Florida Statutes, to
enter into the Agreement with FDOT to improve transportation facilities on the State Highway
System, finding it in the best interest of the citizens of the City of Okeechobee.
NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida;
presented at a duly advertised public meeting; and passed by majority vote of the City Council;
and properly executed by the Mayor or designee, as Chief Presiding Officer for the City:
SECTION ONE: That the Agreement, attached herewith as Exhibit A, sets forth the payment
procedures to the FDOT to paint certain traffic mast arms at the State Road 70
and U.S. Highway 441 intersection, within the Project area and as set out in the
Contract Plans. Estimated cost being $24,800.00.
SECTION TWO: That James E. Kirk, Mayor for the City of Okeechobee, is authorized to execute
the Agreement. Further directing the City Clerk to forward a certified copy of this
Resolution, along with the executed Agreement to the FDOT.
SECTION THREE: Conflict. All Resolution or parts of Resolutions in conflict herewith are hereby
repealed.
SECTION FOUR: Severability. If any section, subsection, sentence, clause, phrase or portion of
this Resolution, or application thereof shall for any reason held invalid or
unconstitutional by any court of competent j u risd iction, such portion or provision
and such holding shall not affect the validity of the remaining portions or
applications here.
SECTION FIVE: This resolution shall become effective immediately upon its adoption.
INTRODUCED AND ADOPTED in regular session this ls'day of October, 2013.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
James E. Kirk, Mayor
John R. Cook, City Attorney
Resolution No. 2013-11 Page 1 of 1
Exhibit 5
RESOLUTION NO. 2013-09 Oct 1, 2013
A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, ESTABLISHING
A SCHEDULE OF RATES, FEES, AND CHARGES FOR CONSTRUCTION
PLANS, BUILDING CONSTRUCTION SERVICES AND OTHER
MISCELLANEOUS SERVICES BY THE GENERAL SERVICES DEPARTMENT;
PROVIDING FOR INCLUSION OF THE FEE SCHEDULE TO THE CODE OF
ORDINANCES ASAPPENDIX G; PROVIDING FORCONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida, finds that it is in the best interest of the citizens to
establish a schedule of rates, fees and charges for construction plans, building
construction, and other miscellaneous services bythe General Services Department. Such
Schedule of Fees shall be charged, and collected to obtain permits and/or services; and
WHEREAS, in the interest of expedience, and ease of amendment as necessary, it is in the best
interest of the City to adopt the schedule of fees by resolution, and to codify such fee
schedule in Appendix G of the City of Okeechobee, Code of Ordinances.
NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida;
presented at a duly advertised public meeting; and passed by majority vote of the City
Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for
the City:
SECTION ONE:
That the value of construction for permits will be determined by the most recent publishing of the
International Code Council Building Valuation Data (ICCBVD) estimates per square foot. Any item
not specifically covered in the 1CCBVD and the schedule of permit fees shall be based on a
notarized bona fide contractor price document (copy of same shall be submitted to the General
Services Building Department), or the fee shall be determined by the Building Official on an
individual basis.
If, in the opinion of the Building Official, the valuation of a building, alteration, structure, electric,
gas, mechanical, or plumbing systems appear to be underestimated on the permit application,
permit shall be denied, unless the applicant can show detailed estimates to meet the approval of
the Building Official. Permit valuations shall include total costs, such as electrical, mechanical,
plumbing, equipment, and other system, including labor.
SECTION TWO:
1. New Structure
2. Additions/Remodel
3. Accessory Structure
RESIDENTIAL BUILDING ONE AND Two FAMILY
4. Roof/Reroof/Roof Repair
5. Plan Review
After Permitting (minor change)
After Permitting (major change)
6. Other
$5.00 per thousand total valuation,
$75 minimum
$6.75 per thousand total valuation
$75.00 minimum
$6.75 per thousand total valuation
$75.00 minimum
$100.00
$0.60 per thousand total valuation
$50.00 minimum
$10.00
$50.00
$50.00
SECTION THREE: COMMERCIAL BUILDING
1. New Structure $6.75 per thousand total valuation
$150.00 minimum
2. Additions/Remodel $7.75 per thousand total valuation
$125.00 minimum
Resolution No. 2013-09 - Page 1 of 3
%b..d
3. Accessory StrucTUr-es
%W
$7.75 per thousand total valuation
Roof/Reroof/Roof Repair
Plan Review
After Permitting (minor change)
After Permitting (major change)
$125.00 minimum
$7.75 per thousand total valuation
$150.00 minimum
$1.70 per thousand total valuation
$150.00 minimum
$50.00
$100.00
SECTION FOUR: AGRICULTURAL BUILDINGS
1 . New Structure $5.00 per thousand total valuation
$50.00 minimum
2. Addition/Remodel $5.00 per thousand total valuation
$50.00 minimum
3. Plan Review $0.20 per thousand total valuation
$50.00 minimum
SECTION FIVE:
MECHANICAL, ELECTRICAL, PLUMBING (MEP's)
1. HVAC
$75.00 plus $0.80 per thousand total valuation
$75.00 minimum
2. Electrical
$75.00 plus $0.80 per thousand total valuation
$75.00 minimum
3. Plumbing
$75.00 plus $0.80 per thousand total valuation
$75.00 minimum
4. LP Gas
$75.00 plus $0.80 per thousand total valuation
$75.00 minimum
SECTION SIX: FLAT FEE CHARGES
1.
Non -buildable slabs
$55.00
(driveway, walk, etc.)
2.
Demolition permit
$100.00
commercial and residential (structure removal)
3.
Fences
$50.00
(wood and chain link)
4.
Hood Suppression System
$75.00
5.
Commercial Kitchen Hood
$100.00
6.
Siding
$50.00
7.
Pre -moving permit
$75.00
(into City from outside City Limits)
8.
Alarm System
$55.00
(per label if applicable, low voltage security)
9.
Fire Alarm
$50.00
($2,000 and under)
10.
Fire Alarm
$100.00
(over $2,000)
11.
Fire Sprinkler
$75.00
(20 heads or less)
12.
Fire Sprinkler
$200.00
(21 heads or more)
13.
Fuel Tank Removal
$50.00
(tank and piping)
14.
Fuel Tank Installation
$150.00
(tank and piping)
15.
LP tanks/piping only
$50.00
16.
LP tanks/piping
$50.00
(up to 100 gallons)
17.
LP Tanks/piping
$100.00
(over 100 gallons)
18.
Spray Booth
$80.00
(not including electric)
19.
Solar and related energy
$50.00
generation devices
20.
Residential Pools
$350.00
(in -ground) not including electric or plumbing,
includes plan review
21.
Residential Pools
$100.00
(above -ground) not including electric or
plumbing, includes plan review
22.
Commercial Pools
$500.00
not including electric, plumbing and plan
review
23.
Commercial Spa, Whirlpool
$200.00
not including electric, plumbing and plan
review
24.
Residential Spa, Whirlpool
$50.00
not including electric, plumbing or plan review
25.
Commercial lawn irrigation
$80.00
26.
Residential lawn irrigation
$40.00
27.
Residential Dock
$50.00
(fixed or floating) not including electric,
plumbing, and any covered structure
28.
Commercial Dock
$150.00
(fixed or floating) not including electric,
plumbing, and any covered structure
Resolution No. 2013-09 - Page 2 of 3
VOOW
29. Residential boat lift or davits
30. Commercial boat lift or davits
31. Seawall, retaining wall, riprap,
privacy walls
32. Temporary Power Poles:
a) Residential
b) Commercial
SECTION SEVEN: SIGNS
$50.00 not including electric
$100.00 not including electric
$0.65 per linear foot or $50.00 minimum
$50.00
$100.00
1. Signage $5.75 per thousand of total valuation
$50.00 minimum
2. Plan Review $1.25 per thousand of total valuation
$40.00 minimum
SECTION EIGHT: MOBILE, PARK MODEL, RECREATIONAL VEHICLE, MANUFACTURED HOME
1 . Triple -wide units
$450.00
includes MEP's
2. Double -wide units
$400.00
includes MEP's
3. Single -wide units
$350.00
includes MEP's
4. RV, Park Model
$200.00
HUD approved
5. Construction Trailers
$125.00
SECTION NINE: RE -INSPECTION FEES
1 . First re -inspection
$25.00
2. Additional re -inspection
$50.00 (per re -inspection)
SECTION TEN:
1. Expired permits
PERMIT RENEWAL FEE
$50.00
SECTION ELEVEN: CHANGE OF CONTRACTOR
1. Contractor change $50.00 same permit
SECTION TWELVE: CONFLICT
All resolutions or parts of resolutions in conflict herewith are hereby repealed.
SECTION THIRTEEN: SEVERABILITY
If any provision or portion of this resolution is declared by a court of competent jurisdiction to be
void, unconstitutional, or unenforceable, then all remaining provisions and portions of this
resolution shall remain in full force and effect.
SECTION FOURTEEN: EFFECTIVE DATE
This Resolution shall take effect immediately upon its passage.
INTRODUCED AND ADOPTED in regular session this IST day of October, 2013.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
James E. Kirk, Mayor
Resolution No. 2013-09 - Page 3 of 3
CM
4k
MEMORANDUM
TO: Mayor Kirk and Council Members
DATE: September 26, 2013
Exhibit 6
Oct 1, 2013
FROM: Lane Gamiotea, City Cle
SUBJECT: Annual Contract for Mapping
Services
Please consider waiving the formal bidding procedures and award the annual mapping services contract
to Global Mapping Services in the amount of $8,800.00.
This company is still the mapping consultant forthe Property Appraisers Office, and we continue to share
the same updated information, which in turn keeps the City's costs down. Since there is no other
mapping company that performs this type of work for the Property Appraisers Office, I have requested
that the City Administrator approve and recommend that this be considered a sole -source purchased
based on maintaining operational standards, and serves as the best working relationship with the
Property Appraisers Office.
In keeping with Code Book Sec. 2-288. Department Heads may recommend purchase of a specific brand
if they feel, through experience or analysis, that only that brand will serve the best interest of the City.
Factors which might warrant sole -source purchasing could involve compatibility with existing equipment,
maintaining operational standard, or lesser serves requirements which reduce down -time and
maintenance cost. When making such a recommendation, the Department Head shall submit written
justification to the City Administrator, which may waive bidding and grant the purchase request in cases
where he estimated value of the purchase does not exceed his bid award authority ($7500.00). Above
that limit, the written justification and recommendation shall be referred to the City Council for approval.
e City Administrator, to forward to the City Council:
Lon
TO: Mayor & Council
DATE: Sep 26, 2013
Exhibit 7
Oct 1, 2013
FROM: Lane Gamiotea, City Clerk,)(;4
V I
SUBJECT: Meeting Schedule for Nov, Dec & Jan
Due to the various holidays, events, and Year -End Budget amendments that will be taking place over
the next three months, Staff is recommending the City Council consider only cancelling one meeting:
-Conduct both November meetings, dates being the 5 Ih and 1 9th-
-Conduct only one meeting in December, date being the 3rd
>This would cancel the December 17 meeting .
>Note: the Dec 3' meeting will be the same date as the Annual Lighting Ceremony
>Would the Council like to change the time to either earlier in the day or later in the evening
-Conduct only one meeting in January, date being the 21"
>This would cancel the January 7 th meeting
1 -4
*#Am* *4w
F. The Updates!
ftom the City Administrator's Desk
T 55 SE 3 rdAV., Okeechobee, FL 34974
QE Council meetiL7g of October
441/70 intersection prouect — we've been advised by FDOT that March 26,
2014 is the bid letting date for the project
The City has been working on different landscaping issues for the last
year or so. Recently FDOT advised that the crosswalk improvement cost
would be borne by the City and I asked for estimates and rec'd the
following:
Attached is the standard template for the Local Funding Agreement (LFA) for the
patterned crosswalks. We have contacted another district that is currently using patterned
crosswalks and their approximate cost of this work is $104.5 I/sy. Using this price, the
cost would be $68,036 (651 sy @ $104.5 I/sy).
The lump sum template can be used for the painted mast arms. The current estimate for
painted mast arms is $6,200 each. The project has 4 total mast anns for an amount of
$24,800 (4@$6200).
Please let us know how the City would like to proceed on these two items.
Of course I was astounded at the crosswalk cost and sought some
clarification, they verified, and I've since requested, Culpepper &
Terpening to confirm wl projects they've done. I've added the Local
Funding Agreements to the Agenda.
Councilman Maxwell and I had a lengthy conversation w/ the FDOT real
estate agent and he (Devin) requested the following via email message:
The Title Search Report and muniments of title, if any that were used to
determine the ownership interests of the property needed for ROW.
The appraisal used to value the property to be acquired.
The Purchase Agreement tendered to the party whose interest is to be acquired.
The Affidavit of Beneficial Interest draft for the transferring party;
The documents that requested, or resulted in the inclusion of additional ROW
acquisition funds being added into the current AWP.
Devin Maxwell, City Councilman
The Utility Work Agreement (which that FDOT Dept is advising it's past
due) along w/ the Quit Claim Deed is on the Agenda. The R/E agent
advised that his timeline for securing free/clear title from Hamricks and the
City is Oct 31.
Buildinq permit fees — On the Agenda is the Resolution to adjust building
permit fees, as discussed during the budget process.
Legislative Grant — Storm Water conveyance (canal) project — $250k grant
along with approx $25k match (public facilities fund). Received a copy of the
Osceola contract from Contractor TS1 Disaster Recovery, St Cloud. We've
requested TSI to give the City estimates based on this contract to do the
work described in my last report and mentioned on the submittal to FL
DEP attachment. I just rec'd a formal grant Agreement 'draft' from the FL
DEP. The City will review for accuracy and filling in the form for next
meeting. I've attached (3-pgs) a copy of the Legislative Approp Work
Plan.
Page I
New
1011113 Activity Rpt Contd
• Legislative Delegations — October 4 from 3pm to 5pm. Produced the
City's Resolution to the Econ Council at a 9/20/13 mtg.
• Sunshine Review web transparencV site — Speaking of the Economic
Council, I recently glanced at the Sunshine Review site and found that
FINALLY, they have regarded the City resulting in a'B'grade ... however,
their analysis on problem areas is still incorrect.
• S. Parrott Av landscapinq proiect (Main St -grant) — The City approved a
September 25th, 2012, Resolution (#12-08) and passed the FDOTAgreement
and Memo of Maintenance at the 6118113 meeting (sent duplicates to FDOT
6126113 for approval). I've spoken to Michael Schulte, FDOT Dist I Landscape
Architect, and he clarified that the grant does include installation labor costs and
wrote off Atty Cook's (and mine) concerns as semantics. I also confirmed that
the City's ground maint reimbursement agreement wl FDOT would be
unaffected. Called FDOT and they confirmed Notice to proceed is in the
mail.
• HueV installation in Vet's Park — Committee met on 9/12/13. County reps
have advised that the equipment has to be put in the City's name (instead of the
County, I guess) and we have gathered up the forms which essentially the FL
Dept of Management Services (FMS) is advising we are "starting over" on the
paperwork. Jim Threewitts indicated that the FMS confirmation shouldn't be a
hold up for the county to move the Huey. I found that while the Legion and City
had previously agreed on the helicopter installation, the Grant of License
agreement has the Legion assuming all liability associated wl the monuments in
the park.
• Policy on selling merchandise — the City was asked about a business in
the CBD selling Christmas trees on a lot owned by someone else ... here's
the dialog:
From: Patty Burnette [mailto:pburnette(�Ocilyofokeechobee.com]
Sent: Tuesday, September 24, 2013 11:06 AM
To: bwhitehall(�'5)cityofokeechobee.com
Subject: Christmas Tree sales
XXXXX, who operates the XXXXX on SW Park Street, was inquiring about leasing the
vacant piece of property to the West of his business to sell Christmas Trees for the period of
11/20/13 — 12/24/13. 1 asked him if this was for a non-profit organization and he said
basically it would be through his business. I looked in the code under Temporary Use
Pen -nits, Sec. 90-666, and under (1) it states that Christmas tree, fireworks and similar
seasonal sales operated by a non-profit organization would be permitted. I don't know though
that he could just do this as a business owner though? I know permission from the property
owner is needed which he says he has. Your thoughts.....Thanks, Patty
Patty -
I've looked at the Code and conferred w/ the Planner and concluded tile following:
Sect'n 90-312 describes the permitted uses within a Central Bus District and the closest
applicable principal use is (2) which provides.for retail store including Outdoor display of
merchandise. However, the City has held that
tile merchandise being displayed must be tile business's inventory. The City has also held
that tile Outdoor display/sale of merchandise inust be oil the same parcel that the principal
business is located, Such as an
accessory use must be located on tile same lot as tile principal use. In this case, the vacant
lot has no principal use and there is inadequate room, of course, oil the applicant's lot.
Page 2
1"W Iftw
1011113 Activity Rpt ContV (policy on outside sales of merchandise)
Sect'n 90-665 in the Temporary StrUCtUres chapter pertains to erecting a ternp strUCtUre (OLItSide
of non-profit as provided for in Sec 90-666) as an extension of the existing principal Use and
auain reiterates that the merchandise beine, sold is the inventory of the applicant.
1.� ZD
I know these provisions handCUff the applicant bUt have thOUght of examples where each bLISilICSS
is "protected" frorn abL[Se if the Code provisions were not in place. Unfortunately, the applicant
simply want to sell Christmas trees and apparently the Lion's ClUb isn't doing that anymore.
Perhaps he can appeal tile Code provisions to the City COUncil, asking to be oil the Oct I agenda.
Z:1 Z:1
Thanks!
Bw
Building Dept / General Services:
• 'H'zoninq consideration — Planning Board met 9/19/13 and discussed the
'H'zoningissue. (Planning Boardl City Council Workshop was held on
7118113). The meeting was difficult and I've attached a 2-pg memo from
Bill Brisson to help explain, for the purpose of composing the minutes,
what transpired.
• Police Dept b/ddq windows — Ted Starr Construction, 648 NW 501h Dr. (bid-
$20,145) has been issued a building permit and he said he expected the
windows to be delivered by Sep 25th and will start the project immediately
thereafter.
• Chamber b(dq windows Lifestyle Exterior Products, Ft Meyers (lowest bidder
$20,130. 00 & Chamber has agreed to pay 50% over 24 months) was given a
Notice to Proceed after we recd all the Contract info.
• New CountV bldq at 300 block of NW 6 th Av — the County wishes to delay
the City Council deliberation on a parking reduction request until at least
October 15 th . The County has submitted new plans for the building. The 2121
TRC had made a recommendation to the City Council for a parking reduction.
• Fitness Center at former Rita Furniture location —. At the 9/19/13 TRC
meeting findings were to allow a sidewalk through the Nunez property but
not in the alley but along the east side of said property or, as an alternate
to install sidewalk along NE 2nd Av (to the east of the remote parking lot
and direct pedestrian traffic around the private property. Have a meeting
scheduled for Monday, 9/30/13 w/ S. Dobbs.
• Ord # 1099 Wt ndq passed a the 7116113 mtq) — regarding land use near an
airport and appointing an ex-officio school representative to the Planning Board
when considering a residential density issue, has been sent to the State.
City Atty:
Sale of 35' parcel on north side of proposed park at SE 6 th Av & SE 7 1h St
Two years ago we investigated the sale as mentioned above as requested
by the property owner (at 611 SE 6 th Av) in order to enlarge their lot from
40' to 75' (the minimum buildable lot area, code Sect'n 90-105). 1 don't see
where any of the park amenities would be adversely affected. I'm
attaching (6 pgs) a copy of the minutes from the 1995 and 1996 meetings
where the matter was discussed. It appears as tho' the Council finally
decided to sell the property but when an appraised value of $5000 was
presented, it was rejected by the Council as being too low.
Page 3
1011113 Activity Rpt Cor"
Finance:
Audit renewal — the City renewed our engagement w/ Carr, Riggs &
Ingram, Melbourne, for an additional 3 years, as provided for in our
agreement and I'm aftaching a summary memo. India negotiated a
reduction of $1000 for the first year.
BTR updates — at the budget meeting there was discussion about investigating
BTR rates and as part of that we are looking at definitions, trying to update
antiquated ones and add new "21't century" terminology.
Police:
Speed limit increase —The matter has recently been brought up again wl the
request that the Council consider same. Please let me know if you wish it to be
placed on the agenda.
Public Works:
• SR 70 (Applebee's) turn lane Proiect — Sunshine Land Design -
$211,865.07. At the 9/26/13 preconstruction meeting we found they plan
on doing preconst movies on Monday, 9/30 and start construction the
week of Oct 7 th for the 60 day job ... the Notice to Proceed was issues 9/26.
The State DEO will conduct an on sight audit on 10/25/13. We received the
$10,871.07 escrow project overrun as described in the Participating Party.
• Main St involvement wl side street landscaping — Still no mtg set up wl B
Goodbread and Main Street about donation of trees for the 'side'streets.
• SW 1 1th Street 200-block retention area — Notice to Proceed will be given
10/21/13 and substantial completion date by 1/3/14, according to memo
rec'd from CAS. Recall this is a grant funded County project.
• Welcome to the City of Okeechobee sign — N Parrott Av. Rec'd a detail of
the costs associated wl the sign and as per council approval paid one-half
of the cost - $1,111.79. Have affached the Main Street invoice herewith.
• FPU gas line installation update — Rec'd the following update from FPU:
Thank YOU for the inquiry on the progress in FPUC supplying natural Gas to the City of
Okeechobee. We have cornpleted the Gas main installation in Phase 1. Phase I
installation is from North of Cemetery Rd. South along US 44 1 / SR 15 to NW 91" St.
Phase 11 is Underway and we have completed the main going West oil NW. 9"' St. OLlt to
SR 98. We are CLirrently installing the loop on NW 9"' Ave. and NW 20"' Ave. to connect
NW 9'11 St. to US 441. Ili addition, the feed going East of US 441 on NE 9"' St. is being
installed.
We are currently working with OLir engineering firm, DOT, and CSX to obtain additional
I C� tl
permits necessary to cross under US 44 1, and the CSX oil SR 98 and NE 5'11 Ave. Ill
addition, I have calls in to David Allen to make SLIM our Okeechobee City permit is
CLirrent and extended as necessary. We are also working with Florida Gas &
Transmission and the landowner to finalize the details and start constrUction Of OLlr gate
station oil the West side of US 441 north of Cernetery Rd.
Page 4
1011113 Activity Rpt Cor%wd (FPLI update contd) *48W
End....
Out' goal is to have gas oil the inain line from tile gate station South On US 441 and West
oil NW 9"' St. Out to SR 98 before the end of this year. This would initially Supply gas to
tile fOlIONVing four locations:
I -The Hospital on US 441
2-The High School on US 441
3-The Asphalt Plant on NW 9"' St
4- J & A Agriculture on NW 91h St
Sincerely,
DOLIG Moreland, Manager, Gas Operations
Florida Public Utilities Company Cell: 561-723-3522 dmoreland@fpuc.com
Pressure wash downtown area — the City has been doing some pressure
washing, but recd the lowest quote of about $140/block and am seeking
another quote to have it professionally done.
Roundabout replacinq skqnal at SIN 5th A v and S Park St — Culpepper and
Terpening designed an artist's rendition of the roundabout potentially for SIN
Park & 5t A v. We will add to a coming agenda for discussion and whether to
include it in the budget.
Park at Taylor creek, SE 7th St — Met wl Don Fox, on 614113, to discuss grant
possibilities and funds from the Florida Fish & Wildlife (FFW) Conservatn. A
formal application would be required in March 2014, but he mentioned FFW may
have some funding avail w1but a formal grant application, such as treeslother
domestic landscape.
Page 5
ATTACHMENT A
LEGISLATIVE APPROPRIATION WORK PLAN
PROJECT NAME: City of Okeechobee Storm Water Retrofit/Conveyance
PROJECT FUNDING REQUEST: $250,000 REQUIRED MATCH: NONE REQUIRED
LEAD ORGANIZATION: City of Okeechobee
CONTACT PERSON:
Brian Whitehall, Administrator
City of Okeechobee
Okeechobee, FL
(863) 763-3372 Ext. 212
bwh iteh all (EDcityofokeechobee. com
FEID NUMBER: 59-6000393
FISCAL YEAR END: September 301h
FINANCIAL COOPERATING PARTNERS: Not applicable
OTHER COOPERATING PARTNERS: Not applicable
PROJECT LOCATION: City of Okeechobee, Florida
Waterbody: Taylor Creek, Lake Okeechobee, Nubbin Slough
Latitude: 270 14' 01.0 N
Longitude: 80' 49' 22.8 W
PROJECT OVERVIEW: The City of Okeechobee continues its efforts to support FDEP and
SFWMD storm water efforts along the northern rim of Lake Okeechobee by providing for swale,
conveyance and inlet improvements to reduce the nutrients and volume of runoff entering State
waters — specifically Nubbin Slough, Taylor Creek and Lake Okeechobee.
This project protects public health and the environment including protection of waters of the
State, Northern Everglades Protection Act, via pre -storm water treatment, thereby addressing
water quality standards. It supports, augments FDEP water standards and TMDLs, in order to
reduce the nutrients and volume of run off entering State waters.
This storm water retrofit/conveyance project calls for storm water collection systems with
swales, canal maintenance, replacing drainage structures that will provide for positive drainage
"WAW Iftow
to the area; allowing for limited percolation and evaporation for run off to be stored via drainage
pipes.
Matching funds are not required for the City because they are located in an area Rural Area of
Critical Economic Concern. The grant is for the construction of the storm water
retrofit/conveyance, canal maintenance and collection system in the amount of $250,000. The
City will adhere to all the CCNA and the City's procurement regulations for this project. The
project is expected to be completed by Dec. 31, 2015. The total storm water retrofit project is
7,145 +/- I.f. at a total $609,505; however, this phase is in the amount of this appropriation or
$250,000.
TASKS and DELIVERABLES:
TASK NUMBER: I
TASK NAME: CONSTRUCTION
TASK DESCRIPTION: Construction of the storm water retrofit/conveyance, canal
maintenance, and collection systems will be in accordance with design plans and specifications.
The storm water retrofit/conveyance project phases are broken down as follows (see Project
Location Map):
This appropriation:
• South Leg #1 1, 870 linear feet — SE 10" St. ends at approximately SE 15 th St.— $129,030
• West Leg: 1,375 linear feet — west side of Taylor Creek, south of SE 7 1h St. and east of
SE 2 d Ave.-- $81,125
• Portion of North Leg #2: 577 linear feet -- SE I 01h Ave (SE 3 d. St. cul-de-sac) and
empties into North Leg #1 at approximately the 500 block area -- $39,813
Future Phases:
• Balance of North Leg. #2: 923 linear feet = $63,687 -- SE I Ot' Ave (SE P. St. cul-de-
sac) and empties into North Leg #1 at approximately the 500 block area
• North Leg #1: 2,150 linear feet— east of SE 8 1h Ave. north of SE 8 th St.— $148,350
• South Leg #2: 2,500 linear feet — from SE 15 1h St. south to Taylor Creek -- $147,500
ALLOWABLE COSTS: $250,000
DELIVERABLES: 1) Dated color photographs of the site during and following construction of
the project; 2) Copies of permits, contracts, bid packages, contractor's schedule of values with
supporting pay application requests; 3) Copy of as -built certifications, and 4) Signed statement
from Grantee's project certified engineer to verify construction has been completed for all
components in accordance with the approved plans.
PERFORMANCE STANDARD: The Department Grant Manager will review deliverables to
ensure they agree with the contracted items. In addition, the City's review process includes non-
payment of the contractor's pay request if it is determined the deliverables are not acceptable.
140W
TIMELINE:
Task No.
Task Title
Start
Complete
30-60 days
Construction
after contract
December 31, 2015
execution
PPnTVd-T RlrT"C-'FT RV CATF.GORV and TASK:
Additional Estimated
Match
Task No.
Category
State Funding
Expend itures/Not Required
Source
----Match Funding
Contractual
$250,000
-
$0
N/A
PROJECT BUDGET BY CATEGORY TOTALS:
Category Totals
State Funding
Additional Estimated
Expenditures[Not Required
Match Funding
Match
Source
Salaries Total
$0
$0
N/A
Fringe Benefits Total
$0
$0
N/A
Travel Total
--
$0
$0
N/A
Contractual Total
$250,000
$0
N/A _
Equipment Purchases Total
so
$0
N/A _
Supplies/Other Expenses Total
-
$0
$0
N/A
Land Total
$0
$0
N/A -
indirect Total
$0-1-
$0
N/A
Total:
$250,000
1 $0
Total Project Cost:
$250,000
Notes from City of Okeechobee Sep 19, 2013 Planning Board Meeting Page I of 2
Here is my (from Planner Bill Brisson) version of the Planning Board's motions. They may not
be verbatim but are close and are substantively correct.
Recommend to the City Council to add the definition of Limited Agriculture to the
Comprehensive Plan and to add Limited Agriculture as an allowable use in the
Single -Family Residential, Multi -family Residential, Mixed Use Residential and
Industrial Future Land Use Categories.
2. Recommend to the City Council to accept all changes to the Future Land Use
Element of the Comprehensive Plan as set forth on pages 2 — 8 in the Memo-
randum from LaRue Planning dated August 27, 2013.
Patty, the second motion covers every recommendation contained in the memo and therefore also
includes those items that were included in the first motion. I don't believe the duplication causes
any problem.
3. Recommend to the City Council to add a new Division 15, entitled Rural Heritage
(RH) District, to the City's Land Development Code including all proposed regula-
tions for that district contained on pages 10 and 11 of the Memorandum from
LaRue Planning in the Memorandum dated August 27, 2013.
4. Recommend to the City Council to amend the Land Development Regulations by
adding a definition of Limited Agriculture and by amending the following sections to
read as follows:
a. Amend Sec. 66-1 to add a new definition for "Limited agriculture" to read as follows:
Limited ggriculture means commercial or noncommercial boarding,
raising and grazing of horses and cattle; noncommercial raising or keeping
of a maximum of three in total number of hogs, sheep, and goats; noncom-
mercial plant and vegetable gardens; and cultivation of hay for use or sale.
b. Amend Sec. 90-102 by adding a new item (6) to the list of permitted uses in the
RSF 1 District, to read as follows:
(6) Limited agriculture of a commercial nature on properties on which there is an
active agricultural exemption, which was granted by the Okeechobee Propegy
Appraiser not later than (insert date), 2013.
1"00
Notes from City of Okeechobee Sep 19, 2013 Planning Board Meeting Page 2 of 2
C. Amend Sec. 90-192 by adding a new item (8) to the list of permitted uses in the
RIVIF District, to read as follows:
(8) Limited agriculture of a commercial nature on properties on which there is an
active agricultural exemption, which was granted by the Okeechobee Property
Appraiser not later than (insert date), 2013.
d. Amend Sec. 90-342 by adding a new item (29) to the list of permitted uses in the
IND District, to read as follows:
(8) Limited agriculture of a commercial nature on properties on which there is an
active agricultural exemption, which was granted by the Okeechobee Property
Appraiser not later than (insert date), 2013.
e. Amend Sec. 90-417 by adding a new item (7) to the list of permitted uses in the
PUD-R District, to read as follows:
(8) Limited agriculture shall be permissible as an interim use until such time as
urban development is undertaken in accordance with an approved planned
development.
Patty, I have included the actual text for the above sections of the LDRs because the
phrase "of a commercial nature" was added during the motion. It's easier to show what
was actually recommended than referring to the text in the memo and then having to
say were the new language "of a commercial nature" was added.
��'_Map Page 1 of 1
�' NOF Th !
F+rj t eF 'k't EiD�67' i / ',t 'S3. ''''''1'. '^add. r s ez s r
fi vY<^ r t t 4 1,1 r sp,:i74:,r"?ri :^7 ''—r^ 'r 'd14jt.
3 C bT L a1 ` * � A_� 3 a a ; $a , r rs"`
�.'��' 3- ' a. i.. - m « 1 ' . e,`. .� '.;#.; '9 i:41$it al: °'raw r lr
s .:A` rt /1 d .,' }yst w1 fir} "s'�ga .uy. ;i,-i ...
t ��`f: � Y e ��h"7' �"� reyv,lE� ��"�z�� srs .r2� 340:141.01�
d_ �,a,vs, if ass YYY "r,� a, "C
.�x a k�,�" j aJ '�`.f T, }s#'� 7i ass ,� �# :r s
y#k. ,r i i 1, 4$ L cx '-.x r r �S'." '- 'ld`,a 4�� � t+T.r S � � '444:5,10:,!,'�R �� �� ? y Rte .� r ws�.� ��f i+��ti,
min3�rz "rsri°f',,. r w.� fe7�X.r 'em ``r 'kr��{�a r �s a 14#� r, at '� t
,' -rs .„6Y trvr 1'; fl 4�$ des■ r r * , t.sxlt, 'S, '+ "��t �� '4.r.,4f ` .. ;41'"'s t
kx 6'sL '�', �' # "`n a.� A tt +e� .r z3"o' )g,fir �h' ' �A a r .' f&....
Y a' 14 is 1,zuth. i .°-.. x!'19" 7 .,.., z,41.,_.. `'t` ,.
i�r��d h�r � v1 yo �1�'s =k 45,05/0 s, r+ '� 3+�` •�"w'�3�n<<3 ?x'* .v+'°"5 zsr�.;sy ,....9`'+�;:
.1,M.,7.7' e*s S a z r�xC' �``4. ., i* s s i'' t .4;40. '� ' rk
t� gig-an-4445: ��� �«"�. •ea Erb; �.'ar 8 �'?4 ;' �n�'r f44,(''.: �r t �
s r!x + u vvF Sx< k � a y xt e rd sn l'iv _ ,, r
' '" s ' :a't " d 3 , . h>e"r a '"r G .4;2,2_37_,344(.10430.°
MUKPH?A H{LII
kit
��- � 3 �� r � �; � �t� ,�, ' r��.�,�+ � � �'� 'fit �,�', '.�,�.� ` �, fJ22AC G
; ¢ R 'it E °°a"#R i, s `3` , ' r }` a n s 126! 976 `
�!� �,QS 'B°�`a�crx I � � ,��°3 r�.# '� �` 4: ��'� ' x �r ';a Y a� �'�� ��v��j' :*+ � �#',,�5+� ��r ? PM''o��'�+fir- ��dt�} �+ fET# ��szd� ' "--
t ry5�.-,zxHr� x'4' *i ' 7 g r .a+,. x 2 ^r s'e" r= ,r_ r`" txn�4,-' .,.,F3`""" „'°�„3
r`r rx;444,1 � R*�,t 'rxgq '� ,,,;;',7—. .,4-2,:;.,,,,`1,-...is
"r`ite X .r c 17.:4'N: t"+�.'€ d �,�x
Y"� � .. y� .� t 3 1 ��.r. ..5" ! 2k° v t-x..i , d�G. 3cF,�' `.
�.ca. := ?' Y 'Y : rs'#v: .'�+ K c-i., S s x o a '�x� 's
t.
���°. E�z � � �a�e �t�.d �',.1„,a,45,4";:41--,� �d`�'�y � �U �{} r.�a .,Ef'^ +tt �E '�t.�..�. ��Y s t �.tiT
... 41 y##,r s!s, � ,'I.'Y A ,., v 4y ' f Cog` ;�i`t ` ,.i t " "'T'
u) r H Il' P g t -'! :: t`s 7„.=iEa`; '-- �',F �. 4" " 44,1 �l:.r �, }•r �1' �� c T j�k �; SN,.Y � - F s�d��aY"Xh, vi° �b { X &'
_ { t {�t t w' {4 v°« Fp ., r4M > p�� r tt v° " l•LI
0 `� 4 � f E ff ,g - t �' '� nYL'° a.dt,1� a
° ' Y$ 4'Yt`�� 5`L i�'.,';:,>4.....,,, .. ',' F 3H 4 �i.'{ &r dj) L.-1•u' r '4 65'.,25 -",_so' 4b ' 47 7 i. �'` },� �J ii � F] ,
{'3 ,--;;AF".: i r �. 'A-0 '4 `st''i� f zwLr ,-',',/3.,,,P,4140,1.3 , f > ,t ,>1, .t r 4 q
a'`�t' `c t, . r } s, 4 $4. tY u r a'Y Y"t ,r{c
e ar ' .S. /yo,i,,,�,,r[F'i r } ,,' t ft.. .t ar'"..'" e�'' .,,'`,�'",,'"r 3„`,,+� 'au' §
'"(1 S`. ' d R S`+' is Ct.Eigv ni i.;,1'b trio ..,t"i 4” �,: 'r k,i 1{S r t a
P$ : �l�ya� � dam . P" � ls' � a sF �"7r '6; b 7 � f { r 3�
^r 3 # � '-, ,�" At :4,f ad s i , ! *-_ a P ',-,,, ,arrf ry ': „.k
s"'. ;'',5''l.s e.*: s'k'ti�.?4'a`�f 4*-; ;-"if .,, T'd ;,=0�.x�i".�.�* '+r�2:. 5ef S. �,/..,', e w Y `}�"r"g�,
-"� 'E^ 3 2 } �.G `�'�'+rd.r or sE ,vrs,,,e -x,.EF S" 4- v',rz a �,
r , ..'_-(it i i mod' as 1 '� o 'r �ev x
, ; ',, r. ',I.') re,(:,:40?:vhffii fidittA‘A.44504,4. br;iT 'ifif,„.14:i Atgortai,p-44.1::$1. -
4
it.,,,,,,,,, ...,4,4,,r. „ :it„,,r4G.,Rottl:00-41'14,,f,:iftttvr".4.#141,1,,,,,-.:;"1,4_4,44,44.,:eilt#.44, ,,,;' 4 , '1'' "� soy t rz .
��6-
b do a-aa-3 /- — � ma
0,It.,ii( pot2/4/? 1
.asp 1/3/2013
http://okeechobeepa.com/GIS/F_Map
073
NOVEMBER 21,1995 - REGULAR MEETING - PAGE 7 OF 12
FA
G. NEW BUSINESS
5. Motion to approve a budget amendment continued.
The second item is an additional $9,600 in the Legal Counsel budget to address the full
cost of the City Attorney's service contract. When the City had Public Utilities half of the
City Attorney's contract cost came from that budget, just like the auditing cost.
Administrator Drago recommended that the City Council approve the budget
amendment in the amount of twenty-four thousand, six hundred dollars ($24,600.00).
After further discussion, vote is as follows:
KIRK
X
CHANDLER
X
O'CONNOR
X
OLVIER
X
WATFORD
X
MOTION CARRIED.
6. Discuss the sale of property Director of Public Works
Public Works Director Elders explained to the Council that a citizen is interested in
(Exhibit 8).
purchasing City property located where the old sewer plant was and that there is
nothing left there now but a lift station. Mr. G.H. Murphy owns the property to the North
and wants to buy a piece of the property from the City which is located at the North
sixty feet of the old sewer plant. This piece of property is adjacent to property already
owned by Mr. Murphy. He is not going to develop it, he just wants to improve the looks
of it, especially on the waters edge and fix up the water bank. He came to us wanting
to know if he could by it. There is a drawing of the area attached to Exhibit Eight. The
Council needs to decide if they will sell it and then an appraisal will be done to
determine the value.
Attorney Cook advised that the property was purchased in 1958 from Okeechobee
Trailer and Fishing Resort, Inc. owned by Roger and Mildred Jones. The deed contains
a clause that in the event the City should ever decide to sell the property Okeechobee
Trailer and Fishing Resort would have first option to purchase it. And there is a
reservation for a thirty foot strip along the West side for some type of street.
074
NOVEMBER 21,1995 - REGULAR MEETING - PAGE 8 OF 12
G. NEW BUSINESS
6. Discuss the sale of property continued.
Mayor Kirk recommended and Council agreed for Attorney Cook to Check further into
this matter before taking action,
7. Discussion regarding the Florida House of Representative
Councilmember Watford informed the Council that traditionally when the Legislative
Legislative Delegation Meeting Councilmember Watford
Delegation meets here all of our local government entities present proposals or requests
(Exhibit 9).
to them. In the last few years, we have not had any major items to present to them. It
is always nice to at least welcome them to Okeechobee and wish them well in their
session and present them with any items we may have. We do need to be represented
at these meetings, Solt we have any specific Items or Administrator Drago may know
of some, or the City Attorney, or something from the Florida League of Cities since we
usually support what items they propose, we should present those items to the
Legislative Delegation.
Mayor Kirk explained that in his opinion, Councilmember Watford has done an excellent
job with this matter in the past for the City Council and sees no reason to change that
at this time.
Council agreed and Mayor Kirk asked Councilmember Waff ord to continue representing
them at the meetings of the Legislative Delegation. He commented that Councilmember
Waff ord has served so amicably in the past and Council would be pleased to have him
continue to serve.
Counciimember Watford thanked Mayor Kirk and the Council and agreed to serve as
its representative. He asked Council to give any proposals and/or suggestions they may
have to Administrator Drago so he could prepare them and he will be glad to present
any item received to the Legislative Delegation for Council. Mayor Kirk thanked
Councilmember Watford for accepting the appointment.
an
APRIL 3,1996 - REGULAR MEETING - PAGE 6 OF 8
RON.
F. NEW BUSINESS
9. Discuss purchase of City Property - City Attorney (Exhibit 3).
Attorney Cook advised that Mr. G.H. Murphy had not contacted him further from the last
time this item was on the agenda and therefore he did not know if Mr. Murphy was still
interested in purchasing the property but since the item was back on the agenda he
assumed that he was still interested.
City Council authorized Attorney Cook to try to obtain the release from Roger Jones and
proceed with obtaining a price for the property to offer to Mr. Murphy.
10. Discuss Outstanding Liens - City Attorney (Exhibit 4).
Attorney Cook advised the Council that Exhibit Four was the information and re-
commendations the Council requested the Code Enforcement Board provide to them to
begin foreclosure procedures.
Following discussion on the State of Florida's property, Council Member Oliver moved
that Attorney Cook do a title search and start the foreclosure on any lien over one
thousand dollars on Property that would be in the best interest of the City that is listed
on Exhibit Four-, seconded by Council Member Chandle .
KIRK
X
CHANDLER
X
O'CONNOR
X
OLIVER
X
WATFORD
X
MOTION CARRIED.
11. Discuss Downtown Redevelopment Grant - City Administrator
Administrator Drago explained to the Council that regarding Exhibit Five, his office sent
(Exhibit 5).
out a questionnaire form to each property owner who signed up for the Grant. To date
he has received nineteen yes votes that they wanted the gram one no voted and two did
not respond.
9-17
SEPTEMBER 3,1996 - REGULAR MEETING - PAGE 10 OF 11
SO .1
I ..........
G. NEW BUSINESS
3. Motion to approve the purchase of a twenty-three
Vote on motion is as follows:
foot boom mower from Pippin Tractor in the amount
of $16,678.00 continued.
KIRK
X
CHANDLER
X
O'CONNOR
X
OLIVER.
X
WATFORD
X
MOTION CARRIED.
4. Discuss the sale of City property to Mr. George
Attorney Cook explained to the Council that at the April 3, 1996 meeting the Council
Murphy - City Attorney (Exhibit 7).
discussed a request from Mr. George Murphy to purchase a piece of City property beside
his home. During research and title work, Staff found there was a clause in the deed
when the City purchased the property from Roger Jones that he retains the right of first
option to buy should the City cease to use the property any longer. There is also an
easement held by the Army Corp of Engineers leaving approximately a sixty foot piece
of property that would only be profitable to Mr. Murphy.
Mr. Jones has released his right of first option to buy. Attorney Cook requested
instruction from the Council to proceed with selling the land to Mr. Murphy. Following
discussion between Council and staff, Council instructed Aftorney Cook to draw UQ
all appropriate documents to sell the land to Mr. Murphy after he researched and
was certain the City did not have to bid this out, and bring back for Council
approval.
ITEM ADDED TO THE AGENDA:
Council Member O'Connor advised that the budget workshop minutes state equipment
5. Discuss Fire Truck Equipment - Council Member
for the first truck is going to the manufacturer to be installed according to the discussion
O'Connor.
between Council Member Chandler and Administrator Drago. He wanted to suggest that
instead of having the equipment sent here and then sent to the manufacturer why not
have the equipment sent directly to the manufacturer after the bids are awarded.
MOW
LAVA-E
DECEMBER 17,1996 - REGULAR MEETING - PAGE 7 OF 10
N J
0
ow
1 A - MON '01
F. NgW BUSINESS
E-00-011--
4. Discuss the sale of City Property - City Administrator
Administrator Drago explained to the Council that Mr. Murphy approached the City
(Exhibit 5).
concerning purchasing a piece of property (approximately 60 feet x 2513 feet in size) next
to his lot on Taylor Creek where the old wastewater treatment plant use to be. The
Council discussed proceeding with the sale of the property.
It was discovered that there was a clause in the deed that should the City no longer wish
to own the property that the previous owner, Roger Jones would have first option to
purchase it. Mr. Jones was contacted and has released his first option to buy. Mr.
Murphy is still interested in purchasing the property. Attorney Cook used the same
formula that is used in the property appraisers office when determining the selling price
of streets and alley's and offered Mr. Murphy the property for five thousand dollars.
Mr, Drago advised that he would need the Council's approval for the price before he
could sell it. Council then discussed the price of property along Taylor Creek, Council
Member Oliver felt the amount suggested by Attorney Cook was very low. Council also
discussed that the Army Corp of Engineers has an easement on this property making it
hard to develop.
Council discussed this item at length. Council Member Oliver moved to not sell the
Property for five thousand dollar ($5,000.1 at this time and research whether or not
the easement can be removed; seconded by Council Member Chandle .
KIRK
X
CHANDLER
X
O'CONNOR
X
OLIVER
X
WATFORD
X
MOTION CARRIED,
5. Discuss the Finance Department - City Administrator
This item is concerning the new position in the finance department that takes the place
(Exhibit 6).
of the Finance Director position as recommended in Exhibit Six by a memorandum to the
Mayor and Council from Administrator Drago stating the following:
City of Okeechobee
Memo
September 26, 2013
To: Brian Whitehall, City Administrator
From: India Riedel,, Finance Director
RE: Continuing Audit Engagement
As per our discussion attached is a copy of the Audit Engagement letter continuing the
existing contract with Carr, Riggs & Ingram. The original contract was entered into for
the years ending Sept 2010, 2011 and 2012 and originated from an RFP Bid in June of
2010. You might remember the City's prior years cost were $28,800.
This continued engagement letter keeps the audit cost at the pre-descripted price of
$27,300 for year 2013 and subsequent years at $28,300. In each year, the Federal Single
Audit (if required, and this year the City has met the minimum threshold of $500,000)
additional cost will be $4,500.
There are new GASB standards which are required to be reviewed and documented as per
the Government Auditing Standards this year and subsequent years; one being the review
and implementation of amending how the component unit (the City's General Pension) is
integrated within our year end financials.
55 SE Third Avenue, Okeechobee, FL 34974
(863) 763-3372 / (863) 763-1686 Fax
Okeechobee Main Street, Inc.
55. S Parrott Ave
Okeechobee, F1 34972
(863) 357-6246
okims0okeechobeemainstree
TO City Of Okeehcobee
55 SE 4th Ave
Okeechobee, F1 34972
W. RK-ORDE
W.O. NO. 1
DATE September 16, 2013
CUSTOMER ID City
JOB (Job description]
QUANTITY
DESCRIPTION
UNIT PRICE
LINE,TOTAL
40'
#5 rebar with ties
$ 4 . 15.00.
4.00
90 degree #% bent ells
102.00
1.00
plastic tarp
1 1.34
20.00
stainless steel fasteners
�8.12
30'
1.25 aluminum box tubing
356.00
8'
1 1/4 iron aluminum
55.00
12.00
tapcons Et 3/16 masonary bit
28.12
1 gat
beige paint
36.0.0
1 qt
of brown paint
14.00
6.00
1/4 inch stainless steel anchors
�6.00
1.00
County building permit
232.00
4 hours
site work (donated - Phil Baughman)
4 hours
engineering work (donated - Frank Cunningham)
4 hours
form work (donated - Jeff Sheffield)
1.00
sign creation - Silver Spurs
.550.00
2 hours
survey works ( donated - Tradewinds)
6 hours
block and stucco work (donated - Tony Stark)
stone material ( donated - Mike Et Sharon Wallace)
concrete donated by Lynch Concrete
8.00
labor to assemble sign
M.00
5.00
hours to paint sign ( doanted by Cun Scouts)
SUBTOTAL
SALES TAX
TOTALIS
$ 2,223.58
2,223.58. 1
Make all checks payable to Okeechobee Main Street, Inc.
THANK YOU FOR YOUR BUSINESSI
Prepared by and return to:
Patricia A. Ragon
Clear Title & Legal Services
3128 Hwy 441 South
Okeechobee, FL 34974
863-824-6776
Above This Line For Recording
Quit Claim Deed
FIL-E HUM 2012006273
OR BK 00716 PG 1064
SHARON ROBERTSONP CLERK OF CIRCUIT COURT
OKEECHOBEE COUNTY? FLORIDA
RECORDED 06/21/2012 02:51:08 PM
ANT 10.00
RECORDING FEES $18.50
DEED DOC $0.70
RECORDED BY M Pinon
Pgs 1064 - 1065; (2p9s)
This Quit Claim Deed made this I Ith day of May, 2012 between Dennis Lee Murphy whose post office address is
60,9 SE 6th Avenue, Okeechobee, FL 34974, 2rantor, and Aaron A. Kinty whose post office address is
grantee:
(Whenever used herein the terms "grantor" Id -54-1-74
mc u e all the parties to this instrument and the heirs, legal representatives, and assigns of
individuals, and the successors and assigns UZ.Pratiqts"trusts and trustees)
Witnesseth, that said grantor, for t�. 1!n�is lion bf the sum TEN AND NO/I 00 DOLLARS ($ 10.00) and other good
said han 'id
and valuable consideration tc :nt an? paid y said grantee, the receipt whereof is hereby acknowledged, does
i
te
hereby remise, release, and quitclaim to sai W and grantee's heirs and assigns forever, all the right, title, interest,
gr Itee,
claim and demand which grantor has in aUno ing described land, situate, lying and being in Okeechobee County,
Florida to -wit:
Tract #1, Beginning 354.3 feet\J(VoftJ!::"0hwest corner of Gevernment Lot 6, of Section 22,
Township 37 South, Range 35 East; tl�etn.ce r�n/Nbrth along the West boundary of said Government
Lot 6, a distance of 40 feet to a cc ot\right angles and perpendicular to said West
boundary of Government Lot 6, run ]or Creek; thence in a Southerly direction along
Taylor Creek to a point opposite the point of beginning; thence Westerly to the Point of Beginning.
Less and except the West 30 feet thereof which was conveyed to the City of Okeechobee as a Street.
Parcel Identification Number: 2-22-37-35-OAOO-00016-0000
Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's
homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous
to or a part of homestead property. Grantor's residence and homestead address is: 609 SE 6th
Street, Okeechobee, Fl 34974.
To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise
appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for
the use, benefit and profit of the said grantee forever.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
DoubleTimeo
Book716/Page1064 CFN#2012006273 Page 1 of 2
Signed, sealed and delivered in our presence:
.\c �:Nc�
VAtness N&ne:
ISL
Witness Name: a c
State of Florida
County of Okeechobee
The foregoing instrument was acknowledged before me this I I th day of May, 2012 by Dennis Lee Murphy, who U is
ti tion. I
personally known or [X] has produced a driver's license as iden 111U-0 0, �
[Notary Seal] Notary Public
,J' Printed Name:
PATRIQAA RA
MY COMMISSION It DD�7�
Patricia A. Ragon
EXPIRES: June 29, 20 1� My Commission Expires:
BWed Th B4d Notary SrAm
OF F%.V
Quit Claim Deed - Page 2
DoubleTimee
Book716/Page1065 CFN#2012006273
Page 2 of 2
D—SearchResults
Page I of 2
Okeechobee County Property
Appraiser
CAMA updated: 10/3/2013
Parcel: 2-22-37-35-OAOO-00016-0000
Owner & Property Info
?i
2013 Preliminary Certified Values
Lfa��� Retrieve Tax Record
Property Card
Interactive GIS Map Print
E:20:1 :3 =TR I M =(pd � ==
Owner's Name
MURPHY ANN H (LIFE ESTATE)
Site Address
611 SE 6TH AVE, OKEECHOBEE
Mailing
%AARON A KINTY
Address
2341 SE 27TH ST
OKEECHOBEE, FL 34974
UNPLATTED LANDS OF THE CITY TRACT #1, BEGINNING
354.3 FEET NORTH OF SOUTHWEST CORNER OF
GOVERNMENT LOT 6, OF SECTION 22, TOWNSHIP 37
SOUTH, RANGE 35 EAST; THENCE RUN NORTH ALONG THE
Description
WEST BOUNDARY OF SAID GOVERNMENT LOT 6, A
DISTANCE OF 40 FEET TO A POINT; THENCE AT RIGHT
ANGLES AND PERPENDICULAR TO SAID WEST BOUNDARY
OF GOVERNMENT LOT 6; RUN EASTERLY TO TAYLOR
,CREEK; THENCE IN A SOUTHERLY DIRECTIO ... more —
NOTE: This description is not to be used as the Legal Description for this
parcel in any legal transaction.
Land Area
0.220 ACRES
S/T/R
22-37-
35
Neighborhood
153651.00
Tax District
50
DOR Use Code
MOBILE HOM (000200)
Market Area
40
The DOR Use Code shown here is a Dept. of Revenue code. Please contact the
Okeechobee County Planning & Development office at 863-763-5548 for specific
,zoning information.
Property & Assessment Values
Mkt Land Value
cnt: (1)
$17,440.00
Ag Land Value
cnt: (0)
$0.00
Building Value
cnt: (1)
$8,534.00
.XFOB Value
cnt: (4)
$4,687.00
Total
Appraised
Value
$30,661.00
Search Result: 1 of 1
GIS Aerial
2013 Preliminary Certified Values
Just Value
$30,661.00
Class Value
$0.00
Assessed
Value
$30,661.00
Exempt Value
$0.00
Total Taxable
Value
$30,661.00
Shm Similar Sales within 1/2 mile
Sales History Fill out Sales Questionn7ai r ell
Sale Date
Book/Page
Inst. Type
Sale Vimp
Sale Qual
Sale RCode (Code List)
Sale Price
5/11/2012
716/1064
QC
I
U
11
$100.00
11/30/1995
372/1330
WD
I
U
$0.00
6/26/1976
185/429
WID
V
Q
$1,000.00
16/1/1976
1 185/387
1 WD
177777--1
Q
$1,000.001
Building Characteristics
Bldg Sketch
Bldg Item
I Bldg Desc
I Year Bit
Heated S.F.
Actual S.F.
Bldg Value
1
Show Sketch
1
1 MOB HME LC (000803)
1 1974
840
1284
$8,534.00
Extra Features & Out Buildings si,mv
http://okeechobeepa.com/GlS/D—SearchResults.asp 10/11/2013
D—SearchResults
Page 2 of 2
Code
Desc
Year Bit
Value
Units
Dims
Condition (% Good)
AFA W4
MTL FLR IVIT
1990
$1,345.00
0000120.000
10 x 12 x 0
PD (075.00)
ODA
OPN DRT AL
1988
$406.00
0000170.000
17 x 10 x 0
PD (075.00)
DOCK 3
BA COVERED
2000
$1,254.00
0000190.000
19 x 10 X 0
PD (050.00)
AFA N4
IVITL FLR IVIT
2007
$1,682.00
1 0000112.000
1 8 x 14 x 0
PD (100.00)
Lnd Code
I Desc
I Units
I Adjustments
Eff Rate
Lnd Value
163TCI
I CRKSIDE SO (MKT)
1 0000040.000 FF - (0000000.220AC)
11.00/1.00/1.00/1.00
$436.00
!917.Ad-_--
Okeechobee County Property Appraiser
0
CAMA updated: 10/3/2013
Search Result: I of 1
I HOME I Record Search I GIS map I General info I Exemptions I Tangible Tax I F A Q I Contact Us I
This information was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely fo
governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of t
property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it'
Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office.
values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purpo
Notice:
Under Florida Law, e-mail addresses are public record. If you do not want your e-mail address released in response to a put
request, do not send electronic mail to this entity. Instead contact this office by phone or in writing.
Powered by: Gi izz!yLogic, cot n - @ Copyright 2001
@ All Rights Reserved - Okeechobee County Property Appraiser
http://okeechobeepa.com/GlS/D—SearchResults.asp 10/11/2013
PC
*U,V46-e� --sewV4�004
Robin Brock
City of Okeechobee
Executive Secretary
Okeehobee, FL 34974
*AW *40W
OKEECHOBEE MAIN STREET., INC.
55 S. Parroft Ave. Okeechobee, FL 34974
Phone 863.357.MAIN
www.okeechobeemainstreet.org — info@okeechobeemainstreet.org
Re: Main Street Halloween Festival
We wanted to thank the City Council Members for their continued support of
Okeechobee Main Street's Halloween festival. The consideration of the city to allow our
organization to offer a safe alternative to Trick or Treating at the Agri Civic Center spoke
volumes to the support of the Council Members.
However Main Street has recently learned of the additional activities that will be taking
place the same day and time of our annual festival. The local church organizations are
hosting a Trunk or Treat event using parks 2-6 with corresponding street closures; as well as
the High School will be holding their Homecoming parade that same evening. These events
will allow families to remain in town and be able to allow children of all ages to participate in
a Halloween event as well as allow older children to participate in a school tradition.
After careful consideration by our board it has been decided that we will withdraw our
request for the facilities and would like to notify the Council Members that we will not be
hosting a Halloween Festival this year. This decision was not made lightly but the
organization believes that these other events will negatively impact the value of our Festival.
So for the betterment of the community we would like to offer our support and best
wishes for the success of these other events during a time of fun and celebration.
Best regards,
Sharie Turgeon
Executive Director
Okeechobee Main Street