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1999-09-21/off /O K EE � Of C,S, t� O z � �tOR10�' rrt I. CALL TO ORDER: - Mayor: September 21, 1999, City Council Regular Meeting, 6:00 p.m. CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION II. OPENING CEREMONIES: Invocation offered by Reverend Larry Zimmerman; Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook City Administrator Robert J. Bradshaw City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea V. MINUTES - City Clerk. Mayor Kirk called the September 21, 1999 Regular City Council Meeting to order at 6:05 p.m. Reverend Larry Zimmerman offered the invocation; Mayor Kirk led the pledge of allegiance. Deputy Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Absent Present 769 PAGE 1 OF 8 A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the August 24, 1999 Budget Workshop and the August 24, 1999 Budget Workshop and the Regular Meeting of September 7, 1999; seconded by Council Member Regular Meeting of September 7, 1999. 1 Oliver. There being no discussion on this item, the vote was as follows: VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. 770 SEPTEMBER 21,1999 - REGULAR MEETING - PAGE 2 OF 8 V. WARRANT REGISTER - City Administrator. A. Motion to approve the Warrant Register for August, 1999, in the Council Member Watford moved to approve the Warrant Register for August, 1999, in the amounts, General Fund two amounts, General Fund $225,141.27 and Public Facility hundred twenty-five thousand, one hundred forty-one dollars, twenty-seven cents ($225,141.27) and Public Facility Improvement Fund $4,917.20. Improvement Fund four thousand, nine hundred seventeen dollars, twenty cents ($4,917.20); seconded by Council Markham. There being no discussion on this item, the vote was as follows: VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA VI. AGENDA - Mayor. MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on Mayor Kirk asked whether there were any additions, deferral's or withdrawal of items on today's agenda. New Business today's agenda. item "C" was added to discuss a proposal from Nextel regarding the lease of City Property. Unfinished Business Item A was added regarding the Public Works Director position. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III Mayor Kirk opened the Public Hearing for Ordinance Adoption at 6:09 p.m. A.1. a) Motion to read by title only, proposed Ordinance No. 731 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 731 regarding Street Closing Application Street Closing Application No. 52 from the American Legion - City No. 52 from the American Legion; seconded by Council Member Oliver. Attorney (Exhibit 1). VOTE b) Vote on motion. KIRK - YEA CHANDLER -YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 731 by title only. Attorney Cook read proposed Ordinance No. 731 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THAT PORTION OF SOUTHEAST 4TH AVENUE (FIKIA HIWASSEE STREET) BETWEEN SOUTH PARK STREET AND 2No STREET, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." SEPTEMBER 21,1999 - REGULAR MEETING - PAGE 3 OF 8 771 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. Council Member Oliver moved to adopt proposed Ordinance No. 731; seconded by Council Member Markham. A. 2. a) Motion to adopt proposed Ordinance No. 731. Mayor Kirk asked whether there were any questions or comments from the public regarding this ordinance. There were b) Discussion. none. Council Member Watford questioned the legal description of the street. Attorney Cook responded that it was correct and the wording was taken from the deed by Mr. Hamrick to the American Legion. Council Member Watford also questioned whether the American Legion has paid for the advertising cost. Deputy Clerk Gamiotea advised the American Legion had the paperwork to process it for a check and that the ordinance would not be signed and recorded until the money was received. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. B.1. a) Motion to read by title only, proposed Ordinance No. 732 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 732 regarding Alley Closing Application Alley Closing Application No. 53 from McDonalds - City Attorney No. 53 from McDonalds; seconded by Council Member Oliver. (Exhibit 2). VOTE b) Vote on motion. KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 732 by title only. Attorney Cook read proposed Ordinance No. 732 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 151, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 772 SEPTEMBER 21,1999 - REGULAR MEETING - PAGE 4 OF 8 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. a) Motion to adopt proposed Ordinance No. 732. III Council Member Markham moved to adopt proposed Ordinance No. 732; seconded by Council Member Oliver. b) Discussion. III Mayor Kirk asked whether there were any questions or comments from the public regarding this ordinance. There were none. Council Member Watford questioned the easement and whether the language in the ordinance covered for the Okeechobee Utility Authority, Sprint and any other utility companies. Attorney Cook advised that it did. There was a brief discussion between Council and McDonalds representative, Mike Schwartz regarding the purpose of closing the alleyway. The intension is to reformulate the traffic flow egress and ingress into the parking lot off of State Road 70 East (also known as East North Park Street). c) Vote on motion. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. C.1. a) Motion to read by title only and defer setting a Public Hearing date Council Member Watford moved to read by title only and defer setting a Public Hearing date for transmittal to the for transmittal to the Department of Community Affairs, proposed Department of Community Affairs, proposed Ordinance No. 735 regarding a text amendment to the Comprehensive Ordinance No. 735 regarding a text amendment to the Plan, Intergovernmental Coordination Element and Future Land Use Elements; seconded by Council Member Oliver. Comprehensive Plan, Intergovernmental Coordination Element and Future Land Use Elements - City Attorney (Exhibit 3). b) Vote on motion. III VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. VII SEPTEMBER 21,1999 - REGULAR MEETING - PAGE 5 OF 8 773 PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C.1. c) City Attorney to read proposed Ordinance No. 735 by title only. Attorney Cook read proposed Ordinance No. 735 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE OF OKEECHOBEE COUNTY, FLORIDA ADOPTING AMENDMENTS TO ITS COMPREHENSIVE PLAN BASED ON NEW CHANGES IN THE GROWTH MANAGEMENT LAW, CHAPTER 163, FLORIDA STATUTES, TO REVISE AND UPDATE THE EXISTING OBJECTIVES, POLICIES, DATA, AND ANALYSIS OF THE INTERGOVERNMENTAL COORDINATION ELEMENT AND THE FUTURE LAND USE ELEMENT IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR A TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 2. a) Motion to approve the first reading of proposed Ordinance No. 735. III Council Member Watford moved to approve the first reading of proposed Ordinance No. 735; seconded by Council Member Oliver. City Planning Consultant Jim LaRue addressed the Council explaining that in the 1998 Legislative Session the State of Florida decided that schools, cities and counties needed more coordination in terms of the things that would effect the public. This amendment allows schools by right, in at least a couple of districts. It calls for coordination with the location of future schools. And lastly it addresses some standards about the size of the schools, how big the property would have to be. The proposed language is from state legislative standards, they are not something that are made up. Council Member Markham commented he knew schools are not governed by County's or City's on building or anything and he wanted to know whether the State was also looking to change that, and does any of this address that issue? Mr. LaRue responded that this is trying to do that, unfortunately it doesn't have anything to do with construction codes and he looks at this as the next best thing. There is one policy that states the school shall be required to show the City any plans of future locations of schools prior to their construction. The City at least knows where it is, even though we do not control the building permit because it is the State Code. This will help with making sure that we have the roads and all the other infrastructure appropriate before they just put a school in. 774 SEPTEMBER 21,1999 - REGULAR MEETING - PAGE 6 OF 8 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 2. b) Discussion. c) Vote on motion. CLOSE PUBIC HEARING - Mayor. VIII. NEW BUSINESS. A. Motion to approve the re -appointment of Keith Tomey, Bill Douglas, Rick Holt and John Koepke as Trustees to the Firefighters Pension Fund terms beginning October 1, 1999 and ending September 30, 2002 - Bill Douglas, Pension Secretary (Exhibit 4). Mr. LaRue also clarified that this is a requirement from the State to adopt these. Council Member Watford commented that one of the City's concerns has always been, with any agency, we would not want the School Board to think we are stepping on their toes and asked if they understood this has to be done. Mr. LaRue responded yes, and would, with Counci►'s approval, show the policies to the School Board before they are adopted. Council agreed that was a good idea to extend that courtesy. Mayor Kirk asked whether there were any questions or comments from the public regarding this ordinance. There were none. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Mayor Kirk closed the Public Hearing at 6:25 p.m. Council Member Oliver moved to approve the re -appointment of Keith Tomey, Bill Douglas, Rick Holt and John Koepke as Trustees to the Firefighters Pension Fund terms beginning October 1, 1999 and ending September 30, 2002; seconded by Council Member Markham. Council recommended the Pension Board consider stagger the terms of the Trustees. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. SEPTEMBER 21,1999 - REGULAR MEETING - PAGE 7 OF 8 775 VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. C. Consider an agreement between the City and Nextel Ms. Char Morejon, Nextel Site Acquisition Consultant presented the Council with a proposal to erect a one hundred Communications regarding the lease of City property - Char fifty foot tower on the Southeast corner of the City Hall property. The rent would be fifteen hundred dollars ($1500.00) Morejon, Site Acquisition Consultant (Exhibit 6). per month with an annual increase of 3 percent per year. The area will be fenced and landscaped. If for any reason Nextel opts to not renew the lease the tower will be signed over to the City. Nextel will procure and maintain insurance on the property and will pay to have all the City's antenna transferred to this tower for City use. There was a lengthy discussion between Council, Staff, Ms. Morejon, Mr. Ron Engle (of Easy Permits) and Mr. Claude Marlow, (contractor in charge of the project). Council agreed to grant permission as the property owner to Nextel to submit a Special Exception Application on their behalf and to submit preliminary plans for a building permit. Council instructed Administrator Bradshaw to research and report back to the Council what other cities are leasing out property and what type of rent they are receiving. Attorney Cook was instructed to review the contract very carefully. Staff advised the tower needs to be at least one hundred eighty feet in height. Council Member Markham strongly disagreed with the amount of the rent and asked for two thousand dollars ($200.00) per month with a 4 percent increase. Ms. Morejon advised she would have to go back to the company to see whether they would agree to the increase. Further discussion on this matter was deferred until the October 5,1999 City Council Meeting. 776 S.EPTEMBER 21,xq 1999 - REGULAR MEETING PAGE 8 OF 8 IX, UNFINISHED BUSINESS. A. 1. Motion to remove from the table, when there is a full Council present, the matter of hiring a Public Works Director. 2. Discuss hiring a Public Works Director. Council Member Chandler moved remove from the table, the matter of hiring a Public Works Director; seconded by Council Member Watford. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Council discussed at length each of the qualification of Mr. Dennis Horton and Mr. Jim Threewits. Council Members Chandler and Watford commented that Mr. Threewits had the skills and qualifications they would like to see in the Public Works Director. Council Members Oliver and Markham felt Mr. Horton would be the candidate for the position because of his hands-on training. Council Member Oliver moved to hire Mr. Dennis Horton as the Public Works Director; seconded by Council Member Markham, VOTE KIRK - YEA CHANDLER - NO MARKHAM - YEA OLIVER - YEA X. ADJOURNMENT - Mayor. WATFORD - No MOTION CARRIED. PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, h may need to insure that a verbatim record of the proceeding is made, which record includes the testi y and a idence upon which the appeal is to be based. There being no further items on the agenda, Mayor Kirk adjourned the meeting at 8:30 p.m. ATTEST: JAM/Es E. KIRK, MAYOR BONNIE S. THOMAS, CMC, CITY CLERK CITY OF OKEECHOBEE - -_- CITY COUNCIL REGULAR MEETING SEPTEMBER 21, 1999 HANDWRITTEN MINUTES I. CALL TO ORDER: -Mayor � Y:_L : September 21, 1999. Citv Council Rea uIar Meeting, 605p.m. II. OPENING CEREMONIES: InvocaTio-n offered by Reverend Lam Pledge of Allegiance led by Mavor�,- III. MAYOR, COUNCIL AND STAFF ATTENDANCE -�� -- - - -- PRESENT ABSENT Mayor James E. Kirk - Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook ✓ City Administrator Robert J. Bradshaw City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES - City Clerk. A. Council Member moved to dispense with the reading and approve the Summary of Council Action for the Regular Meeting of August 24, 1999 Budget Workshop and VOTE: YES NO ABSENT ABSTAINED September 7, 1999 Regular KIRK _ CHANDLER Meeting; seconded by Council MARKH/ - _ __ _ Member �� OLVER AM s �, DISCUSSION WATFORP / MAL MOTION: A�RIE� - DENIED V. WARRANT REGISTER - City Administrator. A. Council Member 'Du-) moved to approve the Warrant Register for August, 1999, in the amounts, General Fund two hundred twenty-five thousand, one hundred forty-one dollars, VOTE: YES NO ABSENT ABSTAINED twenty-seven cents CHAA NDLER ($225,141.27) and Public C MARKHAM � Facility Improvement Fund four OLIVER thousand, nine hundred waTFORD ✓ -_-+--- _ -__-seventeen-dollars, twenty cents._ _ ($4,917.20)� second d `6 j MOTIO : :CA:�RRIE - DENIED --- - — ----- Council Member DISCUSSION i • Page -2- VI. AGENDA -Mayor. _ Gig �� A. Requests for the addition, deferral or withdrawal of items on today's-agenda.._ VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor k-tA- ---A.4. a) Council Member moved to read by title only, proposed Ordinance No. 731 regarding Street Closing Application No. 52 from the American Legion - City Attorney (Exhibit 1); seconded by Council Member. -- --- b) Vote on motion. VOTE: YES NO ABSENT ABSTAINED ----- KIRK c) Attorney Cook read proposed CHANDLER Ordinance No. 731 b title only y MARKFIANt - as follows: "AN ORDINANCE OLIVER v CLOSING, VACATING AND WATFORD ABANDONING THAT POR I IUN ur- Suu I HEAST MOTION - DENIED 4TH AVENUE (F/K/A ij HIWASSEE STREET) BETWEEN SOUTH PARK STREET AND 2ND STREET, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, - FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR —i OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." . a Council Member .W moved to adopt proposed Ordinance No. 731- seconded by Council Member _. --b)_Discussion. �-tC� I1►62 -- WA �O-f a: ---mom t-'`�--- _ -- -VOTE: — --YES KIRK c� -CHANDLER MARKHAM OLIVER NO ABSENT WATFORD c) Vote on motion. --- ------ MOTION: ARRIED - ABSTAINED DENIED B. 1. a) Council Member ,w moved to read by title only, proposed Ordinance No. 732 regarding Alley Closing Application No. 53 from McDonalds - City Attorney (Exhibit 2); seconded by Council Member b) Vote on motion. VOTE: YES NO ABSENT ABSTAINED KIRK c) Attorney Cook read proposed CHANDLER -� - --Ordinance No. 732 by title only _ - MARKHAMas follows: "AN ORDINANCE OLIVER CLOSING, VACATING AND V,'ATFORD ✓ ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED MOTION- DENIED IN BLOCK 151, CITY OF L_ _ OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NOW - -- EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member moved to adopt proposed Ordinance No. 732; seconded by Council Member_. b) Discussion. No -------- VOTE: YES _KIRK CHANDLER MARKHAM OLIVER i motion. WATFORD =� NO ABSENT ABSTAINED MOTION ARRI — DENIED C. 1. ajCouncil Member, moved to readTy titre only and defer setting a Public Nearing — date for transmittal to the Department of Community_ Affairs, proposed Ordinance No. 735 regarding a text amendment to the Comprehensive Plan, Intergovernmental Coordination Element and Future Land Use Elements- City Attorney (Exhibit 3); seconded by Council--_ _ Member L-k- b) c) Vote on motion. 11 VOTE: YES NO ABSENT ABSTAINED Attorney Cook read proposed CHANDLER Ordinance No. 735 by title only as follows: "AN OLIVER ORDINANCE OF THE WATFORb CITY OF OKEECHOBEE - - OF OKEECHOBEE MOTION:' Aii - DENIED COUNTY,-FtORIDA - ADOPTING AMENDMENTS TO ITS COMPREHENSIVE PLAN BASED ON NEW CHANGES IN THE GROWTH MANAGEMENT LAW, CHAPTER 163, FLORIDA STATUTES, TO REVISE AND UPDATE THE EXISTING OBJECTIVES, POLICIES, DATA, AND ANALYSIS OF THE INTERGOVERNMENTAL COORDINATION ELEMENT AND THE FUTURE LAND USE ELEMENT IN ACCORDANCE WITH THE MANDATES SET - FORTH IN CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR A TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 2. a) Council Member C moved to approve the first reading of proposed Ordinance No. 735; seconded by Council Member tL —. -�-) b) Discussion. co LLt& (_� - 5 Q �� VOTE: YES NO ABSENT ABSTAINED v ��t �4 KIRK - -- -- -- p r CHANDLER � `t�'�D�? _'r l It �t � . WATFRORD - c) Vote on motion. MOTION: DENIED c CLOSE PUBIC HEARING - Mayor --- tit )we I Qx wc, . k� i • Page -5- i - -" -� � VIII. NEW BUSINESS. _ A. Council Member F-E) moved to approve_ the re -appointment of Keith Tomey, Bill Douglas, Rick Holt and John Koepke as Trustees to the Firefighters Pension Fund terms beginning October 1, 1999 and ending September 30, 2002 - BilLDouglas, Pension Secretary (Exhibit 4); seconded by Council Member -- Discussion:-- - ,WOU'A'. c4 Vt,L__ VOTE: YES - KIRK CHANDLER -� MARKHAM _� bUL_OLIVER WATFORD NO ABSENT ABSTAINED MOTION: dQ6 - DENIED C� W cf o c �r_ C).9 B. Council Member _? moved to approve a Project Grant Agreement between the City and the State of Florida, Department of Environmental Protection regarding the Florida F�ecrea ion Development Assistance Program - City Ad-mTnistrator (Exhibit ; seconded y Council Member_. -_ Discussion: , �> VOTE: YES NO ABSENT ABSTAINED KI RK -CHANDLER MARKHAM OLIVER WATFO RD MOTION. CRR-IE),)- DENIED Dom_ U-0— t�_ _ 4h0A_AA- S� -- -, _ 1 L *• 4- I �� xqw� mu� - — — a —04 QC" ► - At-, Ckrk,�--O--t QY-lwlcj_-4-- 0 6-44 h4lkok U-1 • � C 117 06) N N i4-PlltV4 4 \.9 rY-, (A Y) U CIA- nfiA (It, � ME MEMO I KEY iry Pry • 7_ S4� Ak nof qulh4- Add 4-v A gem . ud ZMscOL aa� page - ?- r sQ rin q /\ A . Aw6j TS.A.�- hold %D-t- GpRc_ru tvt ue Wt w" 11'�OKE�C�O ''� lb CITY OF OKEECHOBEE u ; CITY COUNCIL REGULAR MEETING OFFICIAL AGENDA PAGE 1 OF 3 I. CALL TO ORDER - Mayor: September 21, 1999, City Council Regular Meeting, 6:00 p.m. • II. OPENING CEREMONIES: Invocation offered by Reverend Larry Zimmerman; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook City Administrator Robert J. Bradshaw City Clerk Bonnie S. Thomas • Deputy Clerk S. Lane Gamiotea IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the August 24, 1999 Budget Workshop and the September 7, 1999 Regular Meeting. V. WARRANT REGISTER - City Administrator. A. Motion to approve the August, 1999 Warrant Register in the amounts: General Fund $225,141.27 and Public Facilities Improvement Fund $4,917.20. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1. a) b) C) 2. a) b) C) B. 1. a) b) C) 2. a) b) C) SEPTEMBER 21, 1999 - CITY COUNCIL AGENDA - PAGE 2 OF 3 Motion to read by title only, proposed Ordinance No. 731 regarding Street Closing Application No. 52 from the American Legion - City Attorney (Exhibit 1). Vote on motion. City Attorney to read proposed Ordinance No. 731 by title only. Motion to adopt proposed Ordinance No. 731. Discussion. Vote on motion. Motion to read by title only, proposed Ordinance No. 732 regarding Alley Closing Application No. 53 from McDonalds - City Attorney (Exhibit 2). Vote on motion. City Attorney to read proposed Ordinance No. 732 by title only. Motion to adopt proposed Ordinance No. 732. Discussion. Vote on motion. C. 1. a) Motion to read by title only and defer setting a Public Hearing date for transmittal to the Department of Community Affairs, proposed Ordinance No. 735 regarding a text amendment to the Comprehensive Plan, Intergovernmental Coordination Element and Future Land Use Elements - City Attorney (Exhibit 3). SEPTEMBER 21, 1999 - CITY COUNCIL AGENDA - PAGE 3 OF 3 VII. PUBLIC HEARING CONTINUED. b) Vote on motion. c) City Attorney to read proposed Ordinance No. 735 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 735. b) Discussion. c) Vote on motion. CLOSE PUBIC HEARING - Mayor. VIII. NEW BUSINESS. A. Motion to approve the re -appointment of Keith Tomey, Bill Douglas, Rick Holt and John Koepke as Trustees to the Firefighters Pension Fund terms beginning October 1, 1999 and ending September 30, 2002 - Bill Douglas, Pension Secretary (Exhibit 4). B. Motion to approve a Project Grant Agreement between the City and the State of Florida, Department of Environmental Protection regarding the Florida Recreation Development Assistance Program - City Administrator (Exhibit 5). IX. ADJOURN REGULAR MEETING - Mayor. 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 proceedings, and for such purpose may need to ensure a verbatim record of the proceedings 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. • • EXHIBIT 1 AGENDAj ORDINANCE NO. 731 AN ORDINANCE CLOSING, VACATING AND ABANDONING THAT PORTION OF SOUTHEAST 4TH AVENUE (F/K/A HIWASSEE STREET) BETWEEN SOUTH PARK STREET AND 2ND STREET, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application for the closing of certain streets or alleys as described in this ordinance; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: SECTION ONE. The street described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: A 70 foot wide Street between Blocks 203 and 253, First Addition to the City of Okeechobee, as recorded in Plat Book 1, Page 11, and Plat Book 2, Page 4, Public Records, Okeechobee County, Florida, more particularly described as all that right-of-way of Southeast 41h Avenue (f/k/a Hiwassee Street) North of the North right-of-way line of Southeast 2n' Street (f/k/a Seventh Street) and South of the South right-of-way line of South Park Street (now abandoned). SECTION TWO. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. SECTION THREE. This ordinance shall be set for final public hearing the 21' of September. 1999, and shall take effect immediately upon its adoption. • • INTRODUCED for first reading and set for final public hearing this 17" day of August,1999. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 21" day of September. 1999. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney CW Or OKTECHOBEE • STREET OR ALLEY CLOSING APPLICATION Please type or print: II APPLICA' QN TVC),. _�j 5z A Y'r rNT; SIGNATURE OF CO -APPLICANT: to ( N r, The foregoing instrucment was acluiowledged before me this ) ` 01 by (date) - j1Rr4,L and 1J' who is personally known to me or (applicant) (co -applicant) who produced i1Qck'Vl> as identification and who did (did not take. oath. / kv, &t.4/6-Notary Public, Commission No. 0•0,q-7,0631j aF��rOLeGn S.LANEGAMIOTEA (signature) MY COMAJISSION # CC 630635 ��OF f��EXPIRES: Jun 32, 2003 i 1.8003NOTARV Fla. Notary Service &BondingCo Lfl ne (;��1�•�� c-- (Name of Notary typed, printed or stamped) D4es,�,n� Ices+-svc. /l(�7 :27a.1 thorized Signature Typed Name &. Title Phone No. Date I.A. HURKE -designer "00 Xl Authorized Signature _09V1r_2A_ rz�l� �_ Authorized Signat e Authorizeu oigna R . Ale tw i.s ZN6/ w�i2 7 ,21-29 Typed Name & Title Phone No. Date JAMES R. NEALIS -engineer Typed Name & Title Phone No. Date THOMAS L. HAYES -tech operations mgr. �-9iJDo� G- �Ore7-N�G/Z� JR Typed Name Title Phone No. 7- z 7-9F Date F Okeechobee &. First Addition to City of Olceechobe Subdivisions: Mr. Culbreth was contacted and has no objections to this stree closing as requested. Signature not necessary. Authorized Signature Typed Name &_ Title Phone No, Date Revised 5/11/99 C;W-2.1 FPL JULY 22, 1999 1'' 0• Box 308, Okeechobee, FL 34973-0308 AMERICAN LEGION OKEECHOBEE 501 SE 2ND ST OKEECHOBEE FL 34974 RE: CLOSING ALLEY WAY BETWEEN BLOCK 203 AND OKEECHOBEE FL 253 AT LOTS I AND 3 TO WHOM IT MAY CONCERN: FPL HAS NO OBJECTION TO CLOSING THE Al/ —Cy BLOCK 203 RUNNING EAST ALONG THE NORANE Y AT THE SE CO DISTANCE OF 300 FEET CORNER OF OF 7TH STREET FOR A IF YOU HAVE ANY FURTHER QUESTIONS 467-3721 PLEASE CALL MY OFFICE AT 941- SINCERELY J A 13URKE CONSTRUCTION SERVICE an Fp(. Grnup rnmpany 8/11/99 Authorized Signature Date Cleveland Lamb, Interim Public Works.Director Typed Naive & Title bjections to street closing. •e 8/11/99 +. Date Buck Farrenkopf, Police Chief Typed Name &. Title to street closing Date Keith Tomev, Fire Chief Typed Name S- Title APPLICATION APPROVED BY: 8/11/99 BONNIE S. THOMAS, CITY CLERK DATE 11 W,.n HANTY DEED �'yI {�•/'��)�/(.'''J�� % DIIEW 9 FOHM It. E. 4 �fll5•�dldClitllt'C, tirade this 16th• day of J +,'k•.,i„111o, }fur 1�1. April r1956. , A. D. 19 Pffi0fell R. E. Hamrick and AnniQ B. Hamrick, his wife and J.H.Hamrick Sarah Hamrick, his wife of the County of Okeeehobaa and State of Florida , hart ies of the first part, and American Legion Clarence Alderman Post Fair rullose mailing address is Association, Inc. Okeechobee, Florida of the Conrtly of OkoachoboQ and Slate of Florida part ies of the second part, 1Wltl1Q$$Ct11, that lire said port ies of llte first part, for and in consideration of the stint of ton and no/100 Dollars, and other good and valuable consideratio its to them it( hand paid, the receipt wltcr•eof is hereby acknowl- edged, lea TO granted, bargained, sold and conveyed, and by these pr•esenIs (to grartl, bur - gain, sell, convey and corhltflrin nn/o the said part ies of the second part a►rd their heirs and assigns foreuCj�oridgt certain parcel of land lying crud being in llrc County of O1CeQchobae and State of , more parlic•ttlarly described its follo►vs: Beginning at the S.E. corner of Block 203 of First Addition to Okes- chobee , Floridu run Last along the north lino of sa-Tenth street 70'.fee. thence run north purralell to Hiwassoe etreat extended for o distance of 300 feet; thence west pnrrull(all to ,Sevanth atroat a distance of 370 feet to the intersection of Cherokee_etrQot; thence south along th East line of said Cherokee street 300 feet'�;to the intersection of savanth street; thence Ernst along seventh street to point of beginning) Saving and cxcapting platted lots in said Blom 220p3 . - It its underatood and tagrovd that the Etas 70 foot strip is a part of Hiwasse• Stroat and does not become offentive until the City of Okoochobse !abandons the same as a strut) This conveyance is made subject to resorvutions of record. T—OW DA !tIDA ,► -WAR- i �i •lyr'! r 1°j j tilgAY StPteQ s j11, 'i . ; ib IIII r� � •1 ��tt ltt'tfEfrrs;��`t i OK t l r I t pUCgMENTARY r � Vie,+ pv�'�t L v,•�L;+•. TOgetliff rvillt all the lenenienls, Irereditantents and appurtenances, tuillt every privilege, right, title, inleresl and estate, dower and rigltf of dower, reversion, remainder and easelnertt thereto belonging or in anytinse apperlainirrg: TO 111 e and to 110111 the scone in fee simple forever. And the said parties 'of the first part c10 covenant rvillr the said part ies of file second part that they Are latufnlly seized of the said pre►niscs,- that they are free front fill ertcuruhrances mid that they have good r•igla and lacy f ul ataltorit), to sell the Sallie; and the said part is s of the first hart do hereby fully warrant th titll t r said land, red twill defend the s r re a atnst the latojrrl claims of all persons tuhorrtsoeve►-t c`�1ai gg, by, t`�rou or under ` jiomt'4 1iless johel'COf, the said part i a s of the first part ha hereunto set hand 8 and seal s the day and year above tvrittert. Signed, sealed and delivered in otrrr presence: ------------------v"�`........... ------------------------------------------------------------- -•-- ........................).---------------•-------------- -- ------ ►7 7.. . . . ----- -------- i i • 2 , ' S a 3 2 7 6 5 a J 6 5 L 3 2 7 6 5 L 2 3 8 9 7 i t 7 8 9 7 1 I 1 7 B 9 1 t l t 7 8 9 11 t' A I G �1 L 1� E NE 5TH ST 70� a 5 3 2 1 6 5 t 3 2 1 6 5♦ 3 2 1 6 5 4 3 2 1 6I5�4�3 2 1 6 5 4 3121117113121 1 6 5 7 ll 9 11 7IBI9It tll� 7 8 9 ll 0 7 8 91 tt 7 8 9 11 17[8 91j17�� 1SI6I 7I9I 9 `� NE 4TH ST (100') I II 4 w O W53 6 5 4 3 2 1� 6 5♦ 3 2 t p- 6 5 4 3 2,r 6 5 4 3 2 1 .6 5,p w7 8 91 11 w789111 - 7 8 9 11 7 8 91 It1 17I8I9 = w N DSi(0) Z z 4 I 5 } 2 t 6I5IaI3I2 tl 6 S 4 3 2 I 6I 5I 4I312 tl 6 5[.13]2111 6 5 4 6 11 (` 7 I 8 it1 7 B 9 t 11 I7IBI9r�ll 7 B 91 111�� 7 8 9 n 7 8 9 y ff II II R (1 1 t 5 3 2 t 6 5 4 3 2 t 6 5 4 J 2 t 6 5 4 J 2 t 6 5 L 3 2 1 6 5 a 6 11 7897 nt 7897 n 7897 789 n 789t nl 789 PARK ST ( 0 ) I R P 1 A R 3e K� SE PARK ST 70') 1 39 /( / 39 KI S L 3 2 t 6 S 4 3 2 I 6 5 L 3 2 t 6 5 t3 2 t 6 5 a3 2 t46 0 70 3 7 8 9 2 7 8 9 n l 8 I t6 5 4 3 2 3 a 5 6 7t 2 9 2ND ST 70 5 t} 2 t 6 5 4 3 2 t 6 5 4 3 2 7 6 S 4 3 2 I ll II 1 8 9 it �7IBI9�0�11j12� 7 8 9 It 1 7 8 9 12 7 1 5 4 3 2 1 I6I5I4I 3I 2I1� 6 5 L 3 2 t A 2 3 7 8 9 7 17 �7IBI9Ii�lljl� 7 8 91 71 Itt 5 II II 12 6 4H32, ffi43 1 9 2 5 6 7 8 SE 4TH ST (100') �j�{{{ ��I S 4 3ffl/16 5 4 J 2 14 tl 9Il.117 6 5 a 3 211J 221 ., . 4 2 (tl2l}I. ` SE 8TH C" .•�e6 I67 I6a I6a' St 9 The OkeechobtNews P.O. Box 639, Okeechobee, Florida 34973 (941) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of C(-,n -r- C),�� O h o b--- z 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 affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. �/ Sw o and sub tbed before me this day, of <�7-e_ f1-) 1 e M b e r— A.D. 19 / Anna M Hines Notary Public, State of Florida at Large ,thy Commission CC715804 ',� ,. Expires March 31, 2002 NOTICE OF PUBLIC HEARING BY THE CITY OF OKEECHOBEE, FLORIDA J PLEASE TAKE NOTICE that the City Council of the City 19 of Okeechobee, Florida will on Tuesday. September 21. I999 at 6.00 p.m.. or as soon thereafter as possible. at the City Hal Building located at 55 SE 3rd Ave. Okeechobee, FL conduct a public hearing on and thereafter consider final reading of""4, the Hollowing Ordinance: NO. 731. AN ORDINANCE CLOSING, VACATING AND ABANDONING THAT PORTION OF SOUTHEAST 4TH AVENUE (F/K!A HIWASSEE STREET) BETWEEN SOUTH PARK, STREET AND 2ND STREET, CITY OF OKEE-� CHOBEE,AS RECORDED IN PLAT BOOK 5, PAGES, PUBLIC RECORDS, : OKEECHOBEE COUNTY,+ FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY,j FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A11 members of the public are requested to attend and panic '"c in said hearing. Said proposed Ordinance may be inspected by members of the public in the O located PFice of the Cry Clerk ted in the City Hall Building during regular busi rA= hours, Monday through Friday, li:00 a.m. - S:QN) p.m., except for Iroldays. 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 hew- ing, such interested person will need a record of the pro, feedings, and kx such purpo: 'ray roes) to ertsurc a verba- tim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In aCCtKdance with the Americans with Disabilities 'Act! In a"c and Florida Statute 28626. persons with disabilities) needing special accommodation to participate in this pm-, seeding should contact Bonnie Thomas no later than two (2)i working days prior to the proceeding at 941) 763-3372 eu.1 215; if you are hearing or voice impaired, call TDD 941) 534-7777, or Florida Relay Service 1800.955-91 BONNIE S. THOMAS. CMC, CITY CLERK PUBLISH: 9no/99 The Okeechobee News f1509 ORDINANCE NO. 732 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 151, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application for the closing of certain streets or alleys as described in this ordinance; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: SECTION ONE. The alleys or alleyways described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: A 15 foot wide alley in Block 151, City of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records, Okeechobee County, Florida, more particularly described as that entire 300 foot alley running East to West between Lots 1 to 12 inclusive. SECTION TWO. The City of Okeechobee, Florida hereby reserves unto itself, its successors and assigns, a perpetual, non-exclusive easement for public utilities purposes in and over the alley or alleyway in said Block 151, CITY OF OKEECHOBEE, between Lots 1 to 12. SECTION THREE. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. SECTION FOUR. This ordinance shall be set for final public hearing the 21' day of September, 1999, and shall take effect immediately upon its adoption. Page 1 of 2 INTRODUCED for first reading and set for final public hearing this 17t6 day of Aueust , 1999. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 21" day of Seutember, ,1999. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor • 0 ,fTY Or OKEECHOBEE Please type or print: STREET oR Au-r..Y CLOSING APPI.IcATION 1I APPLICA'TZOI N .. �I NATU Al LICANT: SIGNATURIs OF CO -APPLICANT: Th foregoing instrucment was acknowledged before me this 0?11 �9�1r' by (date) I/�`77a ate- and , who is personally known to me or (applicant) (co -applicant) who produced as identification and who did �nol ke ....11 GLORIA MONAHAN oil th. :+- MY COMMISSION # CC 605792 d(i otary PU I) I I C, Con1IRES: March 26, 2003 (signature) ��o ee* A� (Name of Notary typed, printed or stamped) Page 2 • 0 4 tithorized Signature Authorized Signature S, /4&&F-c- .T71/ Typed Name &'Title Phone No. Typed Name & Title Authorized Signatr e Typed Name ` Tide uthorized Signature v 713-// —/ Phone No. 76 3 - sr6/6 Phone No. .Z1% Date (I r 'I / Date 17- s�; Date Ole `e!20 viO4:a EAsLME.vT Does NO+ S, eT E AS r M C ,J T 4- IIA',JpotJ C.Fo.er/ /Z• �It D79743-'?gfoe Z,—/7-97 Typed Name Title Phone No. Date [te aired Onl For Cityof Okeechobee St First Addition to City of Okeechobe, Subdivisions: Authorized Signature Typed Name &'Title Phone No. Date 8/4/99 Authorized Signature Date Cleveland Lamb, Interim Public Works Director Typed Name &. Title No objections to alley closing. 8/4/99 Authorize*(d11 nature Date Buck Farrenkonf, Police Chief Typed Name &- Title ions to allei closing. 8/4/99 Date Keith Tomey, Fire Chief Typed Name &. Title APPLICATION APPROVED BY: BONNIE S. THOMAS, CITY CLERK 100 / February 12, t Ogg • McD oWs Cwpws*m Or* L"M Caen, Suits 3" 430 Wet Mnnsdy ftWe rd Tampr, p1 M& 330WNW ($13) 2$7-96p ft! ($13) 281-4310 RE: MCDONALD'S RESTAURANT 401 E 401 E North Park Street Okeec hObee FL 34792 To Whom it May Concern: hereby authorize Jon Whit w of CarJdtn Porttr S Holmes Engineers Inc,its Agen Representadvra, the right to apply in owners name for all permits, variances, spWW used and Pormks. IkCsnses, Permissions or other authorization necessary for the construction of a McDonaidb Reetaurant, Tampa Bay Region cc: File (dhU: wsravtcoov,d►n��. aroc� STATE: FLORIDA COUNTY: H1LLSBOROUGH The foregoing instrument was acknowledged btfore me this /ate day of McDormeI Ramon Santos, of Corporation, on behalf of the Corporation. He N Personally known to me and did not take an oath, Sandra L. Beagle/ Nol�ubVc eN L►ir/ 4ia� aebbM t �Ip L jy: CPH Engineers Inc 407330OW9; 01122/W.1-7�np8PM;jU&L_,#240;Page 213 a w•ts•tv•dz 1 /?t /Of ittf (� -r gCQC��P14 Ervyx 0��=no; Pegs Ot7l1/if lj e.f�A ti i..• lrMzX14L WAWL,tp1•AM ®OOt ii/Oa/tri if:f! fdt OOtt w•M =6= M aeVrolnTMM /1JatQ0 t+ORAI A+► ay.,t VWUPw 777 31tiS 1I amabj ik" :lad. ,As 25th day 4 Marais w. D_ 10 77 by 750MA0 S . X ORS and DOAALD a . JACOMONhooe"Wier saw As We"Aw. on SRADICS2!!iE ra" LTYUnd IA kaw of TZ use S1� .I RATMOU =1100ty a aaMp.rediaw ast.teRfr tawdar tf►• LwwT�r UP:t4 ar 00Mwa...nt rst•fiti .AW111 to Donald's Masi, Oak Brook, =11inois 6OS21 ,. h*rdwwf ter wanted me /raKlw I Y�.�"�= tt *.wb ar,. �+ ..i' ar.' «A.r�.....w� :.rol" torT.�.af...a� '• • ''' .► ; � ^ 161113,9, Ta tlse Qraalw. J•r now its aeteet106"M of VFW.. ago" of S I*. DO and atbaw wai nit• 1-14--tta+u. stein Wh"Wowiq► w, if to lwfinewlsorv. horet ► vromix. J armob.. r.IG. sle«v..w- pswa. radaaMt dowwva wad ea sIbrtar twat• elan dram.•. al[ &fiat oowo za land attaata &a. OESSCAOSEE Cot.nb. r4w4da. rest Lots 4, 5, fr 7, 6 and 9 of BlOck iSl, TOWN OF O;BSCIKCMZs , raeerded Ln Plat Book; 5, Pa 5 of the Fublle reoords of Okeechobee County, 'lorida. LESS the South-lS lost of the *sat 6.17 Coot of Lot 9. GRANTORS WARRANT TXAT THE PROPERTY CONVCY$D 11L" RSY =S NOT XOMMST$AD PROVIMTZ. 30Qt0l" .1.4 su tlta &6ne"manto. toad Apaa•tae.atvwa (/seat• bdonadna or to onv- ewtae e!M►tol"Me- Ia Piave a" to Iblid, iris aaanaa M fw atnyrl• f..e.o.. fed1.40 dronea.r kwrolw ow•wwonle twins dog dwwe•. &fad don amr►tw to taw/tally aefsed of said land in faa an06. ilea& 0.. tarnmer 16W pa•d rtttiat atad 1+ltafrd 0"herav M adl and eart•ev said land: &hat the •.ant.. iea"Ar fully wamaanta # a ##16 ea eaid land and ardi dadanl tiee a«ne avol-Ft d.a lawful eldewu •/ •li y Moon; sal aaeeaoevers and Heat a..td Lard to Iowa 01 4H doer—franoea. avow" taxes oowratn• aaalsifwwt to A..etwiar 31, 70 -y e Ali lffib LSS Whemt, srr+a tAa wtl ter Aar %dreaatato ate %a+.el abd seal the day and vo In •or r..u„wc......... 9-ft iTwTi or FLOE ZOA. ) Ca couivs'Y or OXESCH0bag i -`- 17iZRICIFY CS&TIFY Met an this far. leram wo, an atttarr chit• adehwiord is aAw scow ntaate"W end is .he Cwney af+rweid to mass atiwn.rteO:w.wht►, yeraeaaty agewrad TXQKAB 3. SLMORS and DONALD Z. JACOBBON tw was Lnoa.s to tea dea po ws 4%mibod in wad was .sewed dal I•rodwina Saa.sva"a...ed each %Ckho.-lanai nets a.e .bag theye."W"d the te•.a.•�: •. •` Fri W T'Plvsss .� F :ii ;:t• ` t ; j.. Star. iw A dimM E0 ♦ w•;d w•.1 �• seal ti. C►v! }d le.t atraawSd a �$t user, .M.-....-��•T~��!li r;/S� wir.► ear rtaw.aa A.� saes. a ''`�li�•' •t `•i• �• iONOM�tvit" t7orro- +tw• to. ayso �'arft4lreplttt`aIr prlf�lll� �J a • �ia�Yr� �' AI Y 4'2ateau t►MwaHCi YMw•?tMtletra♦ Ad6Aw TOM W CONOLY m ' e�':•t�t5e"�`►' tr"�,2�a i c'7�"77 L/J s i J U L 2 2 1999 Heartland Partnership Ed Vowels 3117 U.S. 27 South Sebring, Florida 33370 City of Okeechobee Attention: Bonnie S. Thomas, CMC, City Clerk 55 SE Third Avenue Okeechobee, Florida 34974-2932 Re: Alley Abandonment, Block 151 Dear Ms. Thomas j, e- As of , ' e of the vacation of the alley adjacent to my property. y �.;. �� .c, is deserted as Iota 1, and 3 in Block IS 1 of the Okeechobee Plat as recorded in Plat Book 5, Page S of the public records of Okeechobee County, Florida. I understand that the alley is 15 fat wide and in accordance with our agreement with Mr. Tom Elmore, Mr. Elmore will take ownership and responsibility of the entim alley between lots 1, 2, 3 and 10, 11, 12 (approximately 15' x 1501). Additionally, I understand there is a fee the Hamrick Trust will charge for the vacation of the alley and that McDonald's Corporation is responsible for paying that fee in order to complete the vacation of the alley. Sincerely °' _ Date: % dfi,-114f State of Florida County of Okeechobee Witness: Date: 12 - / 9 —9 9 NOTARY CERTIFICATE The foregoing instrument was acknowledged before me this oLbr:day of , 1999 by and r�n� G • .��,�, who is/me personally known to me Phproduced &Jn as identifia�t' L)o��Q�Ga/JMy Conunnaion nor: ct,i/ N Signature 1 Pansy A. vowels A""Y " oars Typal, JUNPrinted or Stamped Name of Notary R( 80MIED THRU TROY FAIN DlSUR M. W. all wcrrt_ec�sYsvo�.u�unnw �.� ARMISTEAD GOMMERCIAL TITLE GROUP, INC. 1994 SSO NORTH Rio STREET • SUITE 300 TAMPA. FLORIDA 33400 Wx=x •e Dracr D"L ISISI 289-3038 EARNEST S. A> 3U1VTEAD, Ja:. PRE81OK"T AND SENIOR TITLE aXAMINSR November 1, 1994 Ms. Denise Strom, Senior Legal Assistant Development Team Legal Department McDonald's Corporation McDonald's Plaza Oak Brook, Illinois 60521 RE: Warranty Deed - corporation TO Partnership Premises situated Florida L/C: 09-0324 Dear Denise: (, p- �e 9 P, ADDREaS CORRESPONDENOR' POST OFFICE BOX 20340 TAzMPA. CLORIDA S2422 FAX ISgI 287-5194 t _ �0/?T// kip, Sr � 9 1--� l' 5 Z 4 McDonald's Corporation, a Delaware Heartland Partnership, a General in Okeechobee, Okeechobee County, Enclosed please find the following documents relative to the above -referenced transaction: 1. Warranty Deed (McDonald's/Heartland) recorded i in O.R. 359 Pg 1984, Public Records of Okeechobee County, Florida (original) 2. Armistead Commercial Title Group, Inc. Invoice dated October 31, 1994 We trust you will find the enclosed to be satisfactory, and should you have any questions or require anything further at this time, please do not hesitate to advise. very truly yours, .'Original Signed EARNEST S. ARbIISTEAD, JR, Earnest S. Armistead, Jr. ESA: sap Enclosures /cc: Mr. George Meyer (with Enclosure) V.208" AC Talto up cRs#wla"j .PCCwmno.l C05"WRCNL n,lA C.C%IOw.. Ct.01R m FIRST AMERICAN TITLE INSURA14CC COMPANY 0 COMMONWEALTH LAND TITLE INSURANCE COMPANY This instrument prepared by: Denise Strom McDonald's Corporation One McDonald's Plaza Oak Brook, IL 60521 RETURN TO: Mr. Earnest S. Armistead ARMISTEAD COMMERCIAL TITLE GROUP, INC. Tampa, FL 33609 Folio No. 3-15-37-35-0010-01510-0010 L... 350 199 4 Doculgijqntary Stamps paid In the amount of S erk of CIraft Mat data THIS WARRANTY DEED made and executed the 28th day of September, 1994 by McDONALD'S CORPORATION, a Delaware Corporation, and having its principal place of business at One McDonald's Plaza, Oak Brook, Illinois 60521, hereinafter called the Grantor to, HEARTLAND PARTNERSHIP, a General Partnership consisting of Vowels, Inc., a Florida Corporation (Operations Partner) and Golden Arch of Florida, Inc., a Florida Corporation, with its permanent post office address at Post Office Box 66207, AMF O'Hare, Chicago, Illinois 60666 hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" include all parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of.corporation) WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00 and other valuable consideration, receipt wnereof is hereoy acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain land situate in Okeechobee County, Florida: Lots 1, 2, and 3 of Block 151, Town of Okeechobee, according to the Plat thereof recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida. Also being described as: Lots 1 thru 3 in Block 151 of Okeechobee, according to the Plat thereof as recorded in Plat Book 5, Page-5 of the Public Records of Okeechobee County, Florida; being more particularly described as follows: Begin at RETURN TO Arrds8wd ConmercW Title Croup In& P. O. Box 20386 Tampa, F1014s 33622 the Northwest corner of said Lot 3; thence run East along the North line of said Lots 3 thru 1 for 150.00 feet; thence run South along the East line of said Lot 1 for 142.84 feet; thence run West along the South line of said Lots 1 thru 3 for 150.00 feet; thence run North along the West line of said Lot 3 for 142.84 feet to the Point of Beginning. Subject to real property taxes and assessments for 1994 and subsequent years. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with said Grantee as against all persons claiming by, through or under the Grantor that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land; that the land is free of all encumbrances except as set forth above; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under Grantor, except taxes accruing subsequent to December 31, 1993. IN WITNESS WHEREOF the Grantor has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year first above written. McDONALD'S CORPORATION, a DelaWAre Corporation 7 By: /ltAx Michael J. Sise,,,Assi ant Vice-'P�resideni Signed, sealed and delivered in the presence of: Dense Strom Ellen Loess I:NREIECiAL%WORDDOCSOSTROMvo-=4.DOC VA ��3 NGE108V McDONALD'S (ACKNOWLEDGMENT) STATE OF ILLINOIS COUNTY OF DuPAGE SS: I, Marylyn G. Rodgers , a Notary Public in and for the county and state aforesaid, DO HEREBY CERTIFY that Michael J. Sise, Assistant Vice President of McDonald's Corporation, a Delaware Corporation who is personally known to me to be the same person whose name is subscribed to the foregoing instrument as such Assistant Vice President appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act as such Assistant Vice President and as the free and voluntary act of said corporation for the uses and purposes therein set forth. 1994. Given under may hand and notarial seal, this 28th day of September 6111 Notary Public FILED-I.Cii''�) i CKEEf":,:.:. ;i, ; L. 266080 940CT I ?: L1? GL CLERK OF 01'?(;i•!J L:weLECIAL%Woa000csosTRoMroa0324.00c 0 C\ J •�. . .. . 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Box 639, Okeechobee, Florida 34973 (941) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, 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 affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. S o and sat` -bed before me this -- day of �/ �' �� /r1 A.D. 19 Notary Public, State of Florida at Large **.My Commission CC715804 'r•.r d.�r Expir®s March 31.2002 NOTICE OF PUBLIC HEARING BY THE CITY OF OKEECHOBEE, FLORIDA PLEASE TAKE NOTICE that the City Council Of the City of okeechobee. Florida will on Tuesday. September 21. 1999 at 6:00 Pm., or as soon thereafter as possible, at the City Hall Building located at SS SE and Ave. Okeechobee. FL conduct a public heating on NO thereafter consider final tead'mg of the follo vitg Ordimna: NO. 73L AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 151, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK S. PAGE S, PUBLIC RECORDS, OKEE- CHOMM COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS,A NON- EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY. FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. All members of the public are regrsted to attend uad Putic- ipate in said hearing. Said proposed Ordinance may be inspected by members of the public in the Office of the City Clerk located in the City Hall Building during regular bud - was bouts. Monday through Friday. 9:00 a.m. - 5:00 p.m., except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City C,mmd with respect to any maw considered at this hear- ing, such interested person will need a record of the pro- ceedings, and for such purpose may need to ensure a verba- tim-m cord of the proccedings is made. which record includes the testimony and evidence upon which the appeal is to be based !n accordance with the Americans with Disabilities Act (ADA) and Florida Stature 286.26. persons with disabilities needing special accommodation to participate in this pro, ceding should contact Bonnie Thomas no later than two (2 ) working days prior to theproceeding at %1) 763-3372 ext. 213: if you ah hearing or voice impaired. call TDD 941) 534-7777, or Florida Relay Service I MG-955-9770. BONNIE S. THOMAS. CMC. CITY CLERK PUBLISH: 9110199 The Okeechobee News 0510 • • EXHIBIT 3 Sep 21 AGENDA ORDINANCE NO. 735 AN ORDINANCE OF THE CITY OF OKEECHOBEE OF OKEECHOBEE COUNTY, FLORIDA ADOPTING AMENDMENTS TO ITS COMPREHENSIVE PLAN BASED ON NEW CHANGES IN THE GROWTH MANAGEMENT LAW, CHAPTER 163, FLORIDA STATUTES, TO REVISE AND UPDATE THE EXISTING OBJECTIVES, POLICIES, DATA, AND ANALYSIS OF THE INTERGOVERNMENTAL COORDINATION ELEMENT AND THE FUTURE LAND USE ELEMENT IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR A TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the State Legislature of the State of Florida has mandated that all municipalities draft and adopt Comprehensive Plans to provide thorough and consistent planning with regard to land within their corporate limits; and WHEREAS, the State Legislature of the State of Florida has mandated that all municipalities draft revisions to their Comprehensive Plan regarding Intergovernmental Coordination and School Siting issues; and WHEREAS, the State Legislature of the State of Florida has mandated that all municipalities must adopt such revisions by October 1, 1999 and December 31, 1999; and WHEREAS, all amendments to the Comprehensive Plan must be adopted in accordance with detailed procedures which must be strictly followed; and WHEREAS, the City of Okeechobee has held all duly required public hearings; prior to submission of these amendments to the plan to the State Department of Community Affairs in accordance with Chapter 163, Florida Statutes, and WHEREAS, the City Council desires to adopt the revision amendments consistent with its current Comprehensive Plan to guide and control the future development of the City, and to preserve, promote and protect the public's health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE: Section 1. That the Council of the City of Okeechobee, Florida hereby adopts the Intergovernmental Coordination and Future Land Use amendments to its Comprehensive Plan; which amendments consist of the pages which are attached hereto as Exhibit A and made a part hereof and which will be incorporated into the current Comprehensive Plan. A copy of the Comprehensive Plan, as amended, is on file in the Office of the City Clerk, City of Okeechobee, Florida. Section 2. That the City Clerk is hereby directed to transmit five (5) copies of the amendments to the current Comprehensive Plan to the State Land Planning Agency, along with a copy to the Central Florida Regional Planning Council, and to any other unit of local government who has filed a written request for a copy, within ten (10) working days after adoption, in accordance with Section 163.3184(7), Florida Statutes. Section 3. That all ordinances or parts of ordinances in conflict be and the same are hereby repealed. Page 1 of 2 • 0 Section 4. That should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 5. That the effective date of this Plan Amendment shall be the date a final order of compliance is issued by the Department of Community Affairs or Administration Commission finding the amendments in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land use dependent on this amendment may be issued or commence before it has become effective. If a final order on noncompliance is issued by the Administration Commission, this amendment may nevertheless be effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Boulevard, Tallahassee, Florida 32399-2100. INTRODUCED for first reading of the ordinance for transmittal, in accordance with Chapter 9J-11 F.A.C., and F.S. 163.3184(15), at public hearing this 218t day of September, 1999. ATTEST: Bonnie S. Thomas, CMC, City Clerk James E. Kirk, Mayor PASSED and ADOPTED on second and final public hearing this day of 1999. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 • LaRUE PANNING & MANAGEMENT SERVICES , Inc. Tidewater Building • 1375 Jackson Street • Suite 206 Fort Myers, Florida 33901 vr.rT (941) 334-3366 • (941) 334-6444 • FAX (941) 334-6384 e-mail: jlarue1105®aol.com Memorandum To: City Manager and City Council From: James G. LaRue Date: August 24, 1999 Subject: School Siting and Intergovernmental_ Element Requirements There is an ordinance to be brought before you on September 21, 1999, that focuses on amending our Comprehensive Plan in order to meet the new state requirements for school siting and other new pertinent intergovernmental legislation. While the City of Okeechobee has little or no future involvement with the Okeechobee County School Board for new schools, the new legislation allows no exceptions. The enclosed policies are recommended by your Planing and Zoning Board (LPA), and there is a time limitation involved as the Plan amendments need to be adopted by October 1999. JGL:lk Enclosures cc: Bonnie Thomas, City Clerk Y E Proposed Intergovernmental Coordination and Future Land Use Policies City of Okeechobee, Florida Future Land Use Element Obiective: At a minimum. the threshold acreage for new schools shall be as follows:, al Elementary Schools: A minimum of four (4) acres for the first two hundred (200) students. plus one (1) acre for each additional one (1) hundred students. I Middle Schools/Junior High Schools: A minimum of six (6) acres for the first three hundred (300) students. plus one (1) acre for each additional one, hundred (100) students. I c� Senior High Schools: A minimum of seven (7) acres for the first three hundred (300) students. plus one (1) acre for each additional fifty (50) students up to one thousand (1.000) students. plus one (1) acre for each additional one hundred (100) students thereafter.. Area Vocational. Technical School: A minimum of twentv (20) acres for the first five hundred (500) students. plus one (1) acre for each additional fiftv f50) students un to one thousand (1.000) students. el Community College: A main campus site shall be a minimum of one hundred (100) acres. Each separate center site shall contain a minimum of fortv (40) acres for the first five hundred (500) students. plus two (2) acres for each additional one hundred (100) students. Special-numose center site acreage shall be appropriate to contain the functions identified in the program. I Policv: Upon issuance of a development order for a new school. the necessary public facilities, such as. but not limited to. sanitary sewer. solid waste. notable waten drainage. and roads are to be in place to serve the proposed use. Furthermore. the School Board shall obtain a written agreement from the service provider assuring adequate capacity, is available. - Policv: Public facilities should be in close proximity. and operating at the adore_ ted level of service. before a development order can be issued for a new school., I Policv: Access to the site must be from a collector road (minor collector or local road for elementary schools) and avoid the need for slow down zones., P )dress and egress should not create detrimental impacts on roads adjacent to the site and the site must provide for adequate on -site parking and circulation of user vehicles. 1 Policv: ADoroaches to the site should be safe for pedestrians. bicycles, cars and buses. Policy: The Citv of Okeechobee shall advise the School Board of all Plan amendments that, may affect the location of new schools and nronosed improvements. Obiective: The Citv shall identify land use categories in the Future Land Use Element in which schools are an allowable use. Policy: Proposed school sites should be located awav from industrial uses. major arterial, roadways. railroads. aimorts. and similar land uses to avoid noise. odors. dust. and traffic impacts and hazards. Poficv: Disrupting influences caused by school vard noises and traffic shall be buffered to ensure sufficient distances from hospitals. adult communities. and nursing; homes. Poficv: - New schools shall be located within urban growth areas or be compatible with compact urban growth patterns. Policy: School sites shall be located outside flood plains. flood prone areas. or floodways. New school sites should. whenever possible. avoid wetlands. and other, environmentallv sensitive areas. and will not interfere with historic or archaeological resources. Policy: Schools shall be allowed in the Medium Densitv Residential. R-2. and Public land use categories. 1 Intergovernmental Coordination Element Obi_ ective: The Citv of Okeechobee will coordinate with urban areas regarding the provision of Dubuc services. prevention of the formation of enclaves. and other undesirable land configuration to ensure consistencv with the prospective comprehensive plans., Policy : The Citv shall encourage annexation of land where service delivery systems are available and where the land is adiacent to and consistent with the incoro_ orated land's Comprehensive Plan. Policy : The Citv shall reauire infrastructure services to be available to proposed annexation areas at the adopted level of service consistent with the Citv's Comprehensive Plan. Poficv : The Citv of Okeechobee shall coordinate with other iurisdictions. as anDrooriate. to establish a ioint nlannine process and delineate the direction and extent of annexation for the planning period., Policy: The Citv of Okeechobee shall conduct a review of its locational standards to determine whether conflicts exist between its regulations and neighboring iurisdiction regulations. what can be done to resolve anv conflicts found. and anv improvement • in the effectiveness or efficiency to be rained throueh an approach that is more uniform. Qbiective : The City shall. upon adoption of this obiective. coordinate the Comp_ rehensive Plan with the School Board Five -Year Facilities Plan. Policy: Until such time as interlocal aereement is adopted by the City and the School Board, in accordance with the requirements of Chanter 163. Part II and Chanter 235. Florida Statutes. the followina procedure shall be used to ensure intergovernmental coordination with the School Board for the location ofeducational facilities within the, it 1 Upon receipt of a written notice from the School Board informinn the City of the acquisition or leasing of nropertv to be used for new public educational. facilities. the City shall notify the School Board within sixty (60) days as to the consistency of the site with the Comprehensive Plan: and 2. Subsequent -to -a request ^by the School Board for a CompLglhgnsive Plan determination, the City shall determine the consistency with the Comprehensive Plan of any proposed educational capital improvement, proiects. Policy : Until such time as an interlocal asreement is adopted by the City and the School Board in accordance with the requirements of Chanter 163. Part II and Chanter 235. Florida Statutes. the followine procedure shall govern the collaborative nlanninu proeram and decision makine concerning population nroiections and public school sitins between the City and the School Board: 1. Upon receipt of the annual report specified in Chanter 235. Florida Statutes. whereby the School Board would notify the City of any additions to the School Board's Five -Year School Facilities Plan. the City shall respond to the receipt of said plan in accordance with the above volicv ofthe Comnrehensive Plan: and 2. The City shall coordinate population estimates and projections with the School Board as part of the review of the Five -Year School Facilities Plan. Policy: In order to address the extension ofnublic facilities to existing or new schools. subiect, to concurrencv. all exnansions or new construction- of public. charter and private schools shall be subiect to site and development nlan review and approval. Policy: In order to coordinate the effective provision and sitine of educational facilities with associated infrastructure and services within the City. representatives of the City and the School Board shall meet by the end of the year 2000 to develop mechanisms for coordination of educational facilities nlannine. Policv: The Citv shall focus on the following coordinating mechanisms when discussing the interlocal agreement. required by Chanter 163. Part II and Chanter 235. Florida Statues. with the School Board: 1. Coordinate the review of the annual update of the Capital Improvements Element of the Citv and the annual educational facilities report and Five -Year School Facilities Plan of the School Board: 2. Coordinate the review and assessment of the associated costs and expenditures of siting and developing schools with needed public infrastructure: 3. Coordinate the review of land uses that increase residential density: 4. Use a unified data base. including_ population forecasts (student pop_ ulation). land use. and facilities: and Use recreational and phvsical plant facilities in a manner which fosters the coordination of use ofthe facilities consistent with their multi -function design. Obi_ ective: The Citv of Okeechobee shall use the Central Florida Regional Planning Council's dispute resolution process when necessary to mediate the resolution of conflicts with other local governments and regional agencies. The Citv may use alternative procedures whenever app_ ropriate for the matter of imminent dispute. including agreements authorized by Section 163.3177. F.S.. or other non-iudicial annroaches. Police', The Citv. although not currentiv imp_ acted, shall enter into anv appropriate agreement with the State of Florida Universitv Svstem or the Okeechobee County School Board implementing the requirements of Section 240.155(11)-(15). F.S.. regarding camous master plans. Policy: During pre -development program planning and site selection activities. the Citv. as service provider. will coordinate with the Okeechobee Countv Public School system to consider all reasonable opportunities to collocate new libraries. narks. and other facilities with public schools. where compatible. and the potential exists to create logical focal points for community activitv. Eariv review and coordination activities will be modified as necessary to timely consider these potentials. -- Policv: The -City of Okeechobee will maintain. as a particular area of attention in its planning program. a systematic review of the aesthetics and phvsical conditions between its boundary and those between unincorporated areas and other cities in an effort to improve the appearance of these areas and the comnatibility and transition between the adioining communities. Joint planning area agreements will be implemented if appropriate. - - - - -- -- - --- LaRUE PL NNING & MANAGEMENT SERVIC ES, Inc. �� Tidewater Building • 1375 Jackson Street • Suite 206 Fort Myers, Florida 33901 (941) 334-3366 • (941) 334-6444 • FAX (941) 334-6384 e-mail: jlarue1105®aol.com Memorandum To: City Manager and City Council From: James G. LaRue A,'b; (sxL Date: August 24, 1999 _Subject: ____ School Siting _and Intergovernmental Element Requirements There is an ordinance to be brought before you on September 21, 1999, that focuses on amending our Comprehensive Plan in order to meet the new state requirements for school siting and other new pertinent intergovernmental legislation. While the City of Okeechobee has little or no future involvement with the Okeechobee County School Board for new schools, the new legislation allows no exceptions. The enclosed policies are recommended by your Planing and Zoning Board (LPA), and there is a time limitation involved as the Plan amendments need to be adopted by October 1999. JGL:lk Enclosures cc: Bonnie Thomas, City Clerk Proposed Intergovernmental Coordination and Future Land Use Policies City of Okeechobee, Florida Future Land Use Element Obiective: At a minimum. the threshold acreage for new schools shall be as follows:, aa) Elementary Schools: A minimum of four (4) acres for the first two hundred (200) students. olus one (1) acre for each additional one (1) hundred students.. Middle Schools/Junior Hieh Schools: A minimum of six (6) acres for the first. three hundred (300) students. lotus one (1) acre for each additional one, hundred (100) students. c) Senior High Schools: A minimum of seven (7) acres for the first three hundred (300) students. plus one (1) acre for each additional fiftv (501 students uo to one thousand (1.000) students. plus one (1) acre for each additional one hundred (100) students thereafter.. dl Area Vocational: Technical School: A minimum of twenty (20) acres for the first five hundred (500) students. Dlus one (1) acre for each additional fiftv (50) students un to one thousand (1.000) students. el Community College: A main campus site shall be a minimum of one hundred (100) acres. Each separate center site shall contain a minimum of fortv (40) acres for the first five hundred (500) students. plus two (2) acres for each additional one hundred (100) students. Special-purpose center site acreaee shall be aDDropriate to contain the functions identified in the oroeram. Policv: Upon issuance of a development order for a new school. the necessary oublic facilities such as. but not limited to. sanitary sewer. solid waste. notable water. drainage. and roads are to be in place to serve the oroDOSed use. Furthermore. the School Board shall obtain a written agreement from the service provider assuring adequate can_ acity is available. Policv: Public facilities should be in close Droximitv. and operating at the adopted level of service. before a develooment order can be issued for a new school. Policv: Access to the site must be from a collector road (minor collector or local road for, elementary schools) and avoid the need for slow down zones., Policv: Ingress and egress should not create detrimental impacts on roads adiacent to the site and the site must provide for adeauate on -site parking and circulation of user vehicles., - 1 - - i Pow: Approaches to the site should be safe for nedestrians. bicvcles. cars and buses. Policy: The City of Okeechobee shall advise the School Board of all Plan amendments that, may affect the location of new schools and Dronosed improvements, Objective: The Citv shall identifv land use categories in the Future Land Use Element in which schools are an allowable use. Policy: Pr000sed school sites should be located awav from industrial uses_ maior arterial, roadways. railroads. aimorts, and similar land uses to avoid noise, odors. dust. and traffic impacts and hazards. Policy: Disruntine influences caused by school vard noises and traffic shall be buffered to ensure sufficient distances from hospitals. adult communities. and nursine homes. Policv: New schools shall be located within urban erowth areas or be coma_ atible with compact urban growth patterns. Policy: School sites shall be located outside flood Dlains. flood Drone areas. or floodways. New school sites should. whenever possible. avoid wetlands. and other, environmentallv sensitive areas. and will not interfere with historic or archaeoloeical resources., Policy: Schools shall be allowed in the Medium Densitv Residential. R-2. and Public land use, cateeories. Intergovernmental Coordination Element Obi_ ective:, The Citv of Okeechobee will coordinate with urban areas regarding the provision of Dubuc services. Prevention of the formation of enclaves. and other undesirable land configuration to ensure consistencv with the DrosDective comnrehensive Dlans. Policy : The Citv shall encourage annexation of land where service delivery systems are available and where the land is adiacent to and consistent with the incomorated land's Comprehensive Plan. Policy The City shall require infrastructure services to be available to proposed annexation areas at the adopted level of service consistent with the Citv's Comprehensive Plan. Policv The Citv of Okeechobee shall coordinate with other iurisdictions. as an_ Dronriate. to establish a ioint Dlannine Drocess and delineate the direction and extent of annexation for the planning Deriod. Policy: The Citv of Okeechobee shall conduct a review of its locational standards to, determine whether conflicts exist between its regulations and neighboring iurisdiction regulations. what can be done to resolve any conflicts found. and any improvement. i • • in the effectiveness or efficiency to be gained through an aDDroach that is more, uniform. Q iective : The City shall. upon adottion of this obiective. coordinate the ComD_ rehensive Plan with the School Board Five -Year Facilities Plan., Policy : Until such time as interlocal agreement is adopted by the City and the School Board. in accordance with the reauirements of Chatter 163. Part II and Chapter 235. Florida I Statutes. the followine Drocedure shall be used to ensure intergovernmental coordination with the School Board for the location of educational facilities within the, Cites 1 Upon receipt of a written notice from the School Board informing the City of the acauisition or leasing of DroDertv to be used for new public educational facilities, the City shall notifv the School Board within sixty (60) days as to the consistency of the site with the Comprehensive Plan: and 2. Subsequent to a request by the School Board for a Comprehensive Plan determination. the City shall determine the consistency with the Comprehensive Plan of any protosed educational capital improvement. proiects. Policy : Until such time as an interlocal agreement is adopted by the City and the School Board in accordance with the reauirements of Chatter 163. Part II and Chapter 235. Florida Statutes. the following procedure shall govern the collaborative planning program and decision making concerning DODulation proiections and public school siting between the City and the School Board: 1. Upon receipt of the annual report specified in Chanter 235. Florida Statutes. whereby the School Board would notify the City of any additions to the School Board's Five -Year School Facilities Plan. the City shall respond to the receipt of said p_ lan in accordance with the abovepolicv of the Comprehensive Plan: and 2. The City shall coordinate DODulation estimates and Droiections with the, School Board as Dart of the review of the Five -Year School Facilities Plan.. Policy: In order to address the extension ofpublic facilities to existing or new schools. subiect to concurrence. all expansions or new construction of Dublic, charter and private schools shall be subiect to site and development plan review and approval. Policy: In order to coordinate the effective provision and siting of educational facilities with associated infrastructure and services within the City. representatives of the City and the School Board shall meet by the end of the year 2000 to develop_ mechanisms for coordination of educational facilities planning. - I I 3 - - • Pow The City shall focus on the following coordinatine mechanisms when discussing he interlocal agreement. required by Chapter 163. Part II and Chanter 235. Florida Statues. with the School Board: l Coordinate the review of the annual update of the Capital Imnrovements, Element of the City and the annual educational facilities renort and Five -Year School Facilities Plan of the School Board: 2. Coordinate the review and assessment of the associated costs and expenditures of siting and develop_ ina schools with needed public infrastructure: 3. Coordinate the review of land uses that increase residential density: 4. Use a unified data base. including population forecasts (student populationl, land use. and facilities: and 5. Use recreational and nhvsical plant facilities in a manner which fosters the coordination of use of the facilities consistent with their multi -function design.. Obi_ ective: The City of Okeechobee shall use the Central Florida Regional Planning Council's, dispute resolution process when necessary to mediate the resolution of conflicts with. other local governments and regional agencies. The City may use alternative procedures whenever appropriate for the matter of imminent dispute. including agreements authorized by Section 163.3177. F.S.. or other non -Judicial annroaches.. Policy; The City. although not currently impacted. shall enter into any annrooriate agreement with the State of Florida University System or the Okeechobee County School Board implementing the requirements of Section 240.155(11)-(15). F.S.. regarding campus master plans. Policv: During nre-development program planning and site selection activities. the City. as service provider. will coordinate with the Okeechobee County Public School system to consider all reasonable onnortunities to collocate new libraries. parks. and other, facilities with public schools. where compatible. and the potential exists to create logical focal points for community activity. Early review and coordination activities will be modified as necessary to timely consider these potentials. Ponev: The City of Okeechobee will maintain. as a particular area of attention in its olannina, program. a systematic review of the aesthetics and nhvsical conditions between its boundary and those between unincorporated areas and other cities in an effort to improve the appearance of these areas and the compatibility and transition between the adioining communities. Joint planning area agreements will be implemented if appropriate. O FAX TKAN5MITTAL To: dakara, Larue planning & Management Services, Inc. From: Lane Gamiotea, Deputy City Clem 763-3372 ext. 215 Fax: 941-334-6384 Pages: 3, including this cover sheet. Date: August 31, 1999 1 received the ordnance over the email. l really didn't understand how the signature part was laid out so I looped at how we did the last ordinance that amended the text of the comprehensive plan. l assume Chapter 9J-11 FAC and FS 163.318405) are still the correct references for this. Nso, in Section 2 you had South Florida regional planning Council and we deal with Central Florida regional Council so I changed that. Please review these changes and make sure they are okay, Thonl< you O I& �01L:64 14 /aj, (Moa Q 04a& V � /tM a If • • EXHIBIT 4 Sep 21 AGENDA CITY OF OKEECHOBEE 941)763-3372 Pik Fax 941)763-1686 AGENDA ITEM REQUEST FORM Please mail or bring completed form to: City of Okeechobee City Clerk's Office 66 S.E. 3rd Avenue Okeechobee, Florida 34974 NAME: Bill Douglas, Firefighters Pension Fund Secretary ADDRESS: 55 SE 3rd Avenue Okeechobee, FL 34974 TELEPHONE: n/a (HOME) MEETING: REGULARS SPECIAL ❑ WORKSHOP ❑ 763-4423 (BUSINESS) DATE: August 21, 1999 PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA. Appoint Pension Trustees. PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR. PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL. Approve the re -appointments for three vear terms beginning October 1, 1999 and ending September 30, 2002: Keith Tomey, Bill Douglas Rick Holt,aff&-iJohn Koepke. Trustees for the F..irefi.ahtPrs pension Fund. PLEASE SUMMARIZED PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS. n/�i PRESENTATION IS TO BE MADE, HOW MUCH TIME WILL BE REQUESTED? n/a SIGNED BY: 1 DATE: Q�� y • • EXHIBIT 5 Sep 21 AGENDA F2112 (DEP Contract Number) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Project Grant Agreement - Development This Agreement is made and entered into this day of , 19 , by and between the State of Florida, DEPARTMENT of Environmental Protection, hereinafter called the DEPARTMENT, and the City of Okeechobee, hereinafter called the GRANTEE, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to s. 370.023, 375.021 and 375.075, Florida Statutes, and Chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1. This Agreement shall be performed in accordance with s. 370.023, 375.021 and 375.075, Florida Statutes; and Chapter 62D-5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE, which is incorporated into this Agreement by reference, as if fully set forth herein. Failure to comply with provisions of the RULE may result in cancellation of the Agreement by the DEPARTMENT. Disputes concerning the interpretation or application of this Agreement shall be resolved Page 1 of 15 u • by the DEPARTMENT whose decision shall be final and binding on the GRANTEE. The DEPARTMENT may cancel this Agreement for failure by the GRANTEE to perform pursuant to the terms and conditions of this Agreement. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of s. 163.01, Florida Statutes, shall have application to this Agreement. 2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as City Hall Park (Florida Recreation Development Assistance Program (FRDAP) Project Number F20112), hereinafter called the PROJECT, and enters into this Agreement with the GRANTEE for construction of public outdoor recreation facilities and improvements on real property, the legal description of which is set forth in the PROJECT application. The PROJECT application is incorporated into this Agreement by reference as if fully set forth herein. 3. The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT elements which may be modified by the DEPARTMENT if GRANTEE shows good cause: Bicycle Trail, Picnic Facilities, Landscaping and Other Related Support Facilities. 4. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $50,000, which will pay the Page 2 of 15 DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund limits are based upon the following: DEPARTMENT Amount $ 50,000 100% GRANTEE Match $ -0- % Type of Match N/A The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre -audit and post -audit review. The DEPARTMENT'S Contract Manager shall, within sixty (60) days after receipt of a payment request, review the work accomplished to date under this Agreement and, if the work and payment request are in accordance with all applicable requirements, approve the request for payment. The DEPARTMENT shall retain 100 of the entire DEPARTMENT amount until completion of the PROJECT and all PROJECT completion documentation, as described in the Florida Recreation Development Assistance Program Completion Documentation, Form FPS-A037, referenced in s. 62D-5.058(4) of the RULE, is submitted to the DEPARTMENT by the GRANTEE. 5. Prior to commencement of PROJECT construction, the GRANTEE shall submit for DEPARTMENT approval the documentation described in the Florida Recreation Development Assistance Program Development Project Commencement'Documentation Form, Form FPS-A034, referenced in s. 62D-5.058(7)(c)of the RULE. Page 3 of 15 r� u L-1 6. The Grantee shall obtain all required local, state and federal environmental construction permits and approvals prior to commencement of project construction and shall certify to the Department by completing the Pre -Construction Certification, FPS-A034, referenced in s. 62D-5.058(7)(c) of the RULE. 7. The GRANTEE shall comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE, referenced in s. 62D-5.058 (3) (b) of the RULE, and incorporated into this Agreement by reference as if fully set forth herein. The GRANTEE shall ensure that all purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE'S adopted procurement procedures. Expenses representing the PROJECT costs, including required matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms incorporated in the PROCEDURE. The PROCEDURE establishes uniform guidelines to be utilized by the DEPARTMENT and the GRANTEE in accounting for PROJECT funds disbursed under the PROJECT and sets forth principles for determining eligible costs, supporting documentation and minimum reporting requirements. 8. The GRANTEE shall retain all records supporting PROJECT costs for three (3) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final Page 4 of 15 • • resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the three-year retention period. The DEPARTMENT, State Auditor General, State Comptroller and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE'S records for said PROJECT within the retention period. 9. PROJECT funds may be reimbursed for eligible preagreement expenses (as defined in s. 62D-5.054(29) of the RULE) incurred by GRANTEE prior to exectuion of this Agreement as set forth in s.62D-5.055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this Agreement with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. 10. This Agreement shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT elements on or before The completion date may be extended by the DEPARTMENT for good cause at the written request of the GRANTEE and such request must be made prior to the PROJECT completion date. 11. The DEPARTMENT'S Contract Manager for the purpose of this Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests Page 5 of 15 prior to payment. The GRANTEE'S Liaison Agent, as identified in the PROJECT application, or successor, shall act on behalf of the GRANTEE relative to the provisions of this Agreement. The GRANTEE'S Liaison Agent, shall submit to the DEPARTMENT signed PROJECT status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. 12. All monies expended,by the GRANTEE for the purpose contained herein shall be subject to pre -audit review and approval by the Comptroller of Florida in accordance with s. 17.03, Florida Statutes. 13. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of s. 768.28, Florida Statutes. 14. The GRANTEE shall comply with all federal, state and local rules and regulations in developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations. The Page 6 of 15 GRANTEE further agrees to ensure that the GRANTEE's contract will' include this provision in all subcontracts issued as a result of this Agreement. 15. The DEPARTMENT reserves the right to inspect said PROJECT and any and all records related thereto a� any reasonable time. 16. This Agreement may be unilaterally canceled by the DEPARTMENT in the event the GRANTEE refuses to allow public access to all documents, papers, letters or other materials made or received in conjunction with this Agreement pursuant to the provisions of Chapter 119, Florida Statutes. 17. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for non-compliance by the GRANTEE with this Agreement, the DEPARTMENT, following a review of the documentation submitted by the GRANTEE, will inform the GRANTEE in writing of any reimbursement due the DEPARTMENT. The GRANTEE shall be allowed a maximum of sixty (60) days from the date of such notification to submit additional pertinent documentation to offset the amount identified as being due the DEPARTMENT. 18. The DEPARTMENT shall also have the right to demand a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for non-compliance with the terms of this Agreement. The Page 7 of 15 0 • GRANTEE, upon such written notification from the DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Such refund shall include interest calculated at two (2) percent over the prevailing prime rate as reported by the Federal Reserve on the date the DEPARTMENT calculates the amount of refund due. Interest shall be calculated from the date(s) of payment(s) to the GRANTEE by the DEPARTMENT to the date repayment is made by GRANTEE. 19. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. 20. Allowable indirect costs shall not exceed 150 of the GRANTEE'S eligible wages and salaries. Indirect costs that exceed 15% must be approved in advance by the DEPARTMENT to be considered eligible PROJECT expenses. 21. If asphalt paving is required for the PROJECT it shall conform to the Florida Department of Transportation's specifications for road and bridge construction. Bid specifications, contracts and/or purchase orders of the GRANTEE must specify thickness of asphalt and square yards to be paved. 22. Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT Page 8 of 15 funding or a portion thereof, from the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 23. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity by the GRANTEE as an outdoor recreation site for the use and benefit of the public. The dedication must be recorded in the official public property records by the GRANTEE. The GRANTEE shall ensure that the PROJECT, if on GRANTEE -owned land and purchased or developed with FRDAP funds, shall be managed for outdoor recreation purposes for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. Land owned by an entity other than the GRANTEE which GRANTEE controls by lease, management agreement or dedication, and developed with FRDAP funds, shall be managed as a public outdoor recreation area for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. Should GRANTEE convert all or part of the PROJECT site to a use or uses other than public outdoor recreational use, the GRANTEE shall replace the FRDAP facility, at its own expense, with a project of comparable scope and quality approved by the Page 9 of 15 DEPARTMENT. In lieu of accepting a replacement facility, the DEPARTMENT may require return of all FRDAP funds with interest as specified in Paragraph 18. 24. The employment of unauthorized aliens by any GRANTEE is considered a violation of s. 274A(e) of the Immigration and Nationality Act. If the GRANTEE knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The GRANTEE shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. 25. No person on the grounds of race, creed, color, national origin, age, sex, marital status or ability level, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. 26. This Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the Florida Legislature, the judicial branch, or a state agency. 27. Any local governmental entity, nonprofit organization, or for -profit organization that is awarded funds from a grants and aids appropriation by a state agency shall: Page 10 of 15 • (a) If the amounts received exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45, Florida Statutes; or (b) If the amounts received exceed $25,000, but do not exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45, Florida Statutes, or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of this Agreement; or (c) If the amounts received do not exceed $25,000, have the head of the entity or organization attest, under penalties of perjury, that the entity or organization has complied with the provisions of this Agreement. 28. Pursuant to s. 215.422, Florida Statutes, the DEPARTMENT's Project Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the services for payment. The DEPARTMENT must submit a request for payment to the Florida DEPARTMENT of Banking and Finance within twenty (20) days; and the DEPARTMENT of Banking and Finance has fifteen (15) days to issue a warrant. Days are calculated from the date the invoice is received or the date the services are received, inspected, and approved, whichever is later. Invoice payment requirements do not start until a complete Page 11 of 15 and correct invoice has been received. Invoices which have to be returned to the GRANTEE for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida DEPARTMENT of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1-800-848-3792. 29. In accordance with s. 215.422, Florida Statutes, the DEPARTMENT shall pay the GRANTEE interest at a rate as established by s. 55.03(1), Florida Statutes, on the unpaid balance, if a warrant in payment of an invoice is not issued within 40 days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless the GRANTEE requests payment. The interest rate established pursuant to s. 55.03(1), Florida Statutes, by Comptroller's Memorandum No. 11 (1998-99) dated December 2, 1998, has been set at 10.0% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1999 for which the term of this Agreement is in effect can be obtained by calling the DEPARTMENT of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the DEPARTMENT's Contracts Section at 850/922-5942. Page 12 of 15 30. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 31. In addition, a copy of the audit or attestation as required in paragraph 27, shall be submitted to the DEPARTMENT within one (1) year from the PROJECT completion date as set forth in the PROJECT completion certificate. 32. This Agreement is not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. 33. It is understood by the parties that the amount of this Agreement may be reduced should the Governor's Budget Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, this Agreement may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. 34. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or Page 13 of 15 waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly executed by each of the parties hereto, and attached to the original of this Agreement. Page 14 of 15 0 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Division Director (or Designee) Division of Recreation and Parks Address: Bureau of Design and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florid 32399-3000 D Contract Manager Approved as to Form and Legality: to This form has been pre -approved form and legality by Suzanne Brantley, Assistant General Counsel, on May 20, 1999, for use for one year. FPS-A046 Revised 05/99 CITY OF OKEECHOBEE By: Title: Address: 55 Southeast Third Avenue Okeechobee, Florida 34974 Page 15 of 15 Grantee Attorney LJ NEX I I:L Memorandum To: Robert Bradshaw From: Char Morejon Date: 08/25/99 Re: Lease Draft Robert, 700 N V lwi. ZI Ar T 6700 N. Andrews Avenue, Suite 700 Ft. Lauderdale, FL 33309 954 275-2400 FAX 954 275-240, Attached you will find the Lease Draft for our Tower inserted a few changes and additions to the Lease to meet o Will meet Replacement for your review, Your approval and we can I have move forward Your and our needs, Hopefully r ward at the September rf° Y this I have also attached the Survey p �,� Council Hearing, me should you have an Y and Site Plans which will Y questions or concerns. be exhibits to the Lease. YOU can reach Please call me as always by paging 1 800-719-6556 or 305 772-40". Thank r r patience. C on Market.. South Florida • Site No.. FL-1531A Site Name: DTN Okeechobee u COMMUNICATIONS SITE LEASE AGREEMENT (GROUNDI This Communications Site Lease Agreement (Ground) ("Agreement") is entered into this day of between :The City of Okeechobee a I Florida Municipal Corporation with an office at 'I"_`5 S.E> Third Avenue. Okeechobee. FL 34974 ("Lessor"), and Nextel South Corp. a Georgia corporation, d/b/a Nextel Communications with an address of 851 Trafalgar Court, Suite 300E, Maitland, FL 32751 ("Lessee"). For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Premises. Lessor is the owner of a parcel of land (the "Land") and a tower (`Existing Tower") located in the Citv of Okeechobee. County of . Okeechobee . State of Florida commonly known as . The Land is more particularly described in Exhibit A annexed hereto. Lessor hereby leases to Lessee and Lessee leases from Lessor, approximately C_) square feet of the Land and all access and utility easements, if any, (the "Premises") as described in Exhibit B annexed hereto. 2. Use. The Premises may be used by Lessee for any activity in connection with the provision of communications services. Lessor agrees to cooperate with Lessee, at Lessee's expense, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Lessee's intended use of the Premises. 3. Tests and Construction. Lessee shall have the right at any time following the full execution of this Agreement to enter upon the Land for the purpose of making appropriate engineering and boundary surveys, inspections, soil test borings, other reasonably necessary tests and constructing the Lessee Facilities (as defined in Paragraph 6(a) below). 4. Term. The term of this Agreement shall be five (5) years commencing upon construction of Lessee facilities or One Hundred Eighty (180) days from final execution of this Agreement, whichever first occurs ("Commencement Date") and terminating on the fifth anniversary of the Commencement Date (the "Term") unless otherwise terminated as provided in Paragraph 10. Lessee shall have the right to extend the Term for five (5) successive five (5) year periods (the "Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless Lessee notifies Lessor of its intention not to renew prior to commencement of the succeeding Renewal Tenn. 5_ a Rent. Within 15 days of the Commencement Date and on the first day of each month thereafter, Lessee shall pay to Lessor as rent fifteen hundred and 00/100 DOLLARS 11 ) f$ 1500.00 ) ver month ("Rent"). Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shall be prorated. Rent shall be payable to Lessor at Attention: (b) Rent shall be increased on each anniversary of the Commencement Date by an amount equal to three percent (3%) of the Rent for the previous year. 6. Facilities. Utilities. Access. --La_(e)---Lessee has the right to erect, maintain and operate on the Premises radio communications facilities, including_ without limitation, an antenna tower or pole ("Tower") and foundation, utility lines, transmission lines, air conditioned equipment shelter(s), electronic equipment, radio transmitting and receiving antennas, supporting equipment and structures thereto ("Lessee Facilities"). In connection therewith, Lessee has the right to do all work necessary to prepare, maintain and alter the Premises for Lessee's business operations and to install transmission lines connecting the antennas to the transmitters and receivers. All of Lessee's construction and installation work shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner. Title to the Lessee Facilities shall be held by Lessee. All of Lessee Facilities shall remain Lessee's personal property and are not fixtures. --Lessee has the right to remove all Lessee Facilities at its sole expense on or before the expiration or earlier termination of the Agreement; provided, Lessee repairs any damage to the Premises caused by such removal. Upon termination of this Agreement, Lessee shall not be required to remove any foundation more than one (1) foot below grade level. (b) UDon completion of the Tower. Lessee shall, at its sole cost and exvense, relocate Lessor's antennae ("Lessor's Eauioment") from the Existing Tower to the Tower at the heights shown on Exhibit D. attached hereto. Lessee shall, at its sole cost and exvense, remove the Existing Tower and move it to a storage facility to be designated by Lessor. Lessor shall be resvonsible for all storage costs. Lessor shall indemnifv and hold Lessee harmless from any loss or damage to the Existing Tower or to Lessor's Eauivment arising out of such removal and relocation. Lessor shall be responsible for the repair and maintenance of Lessor's Equivment, shall vrocure and maintain insurance on Lessor's Eauioment throughout the term of this Agreement and indemnify and hold Lessee harmless from any loss or damage to Lessor's Eauivment on the Tower., (b) Lessee shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company. Lessee shall have the right to draw electricity and other utilities from the existing utilities on the Land or obtain separate utility service from any utility company that will provide service to the Land (including a standby power generator for Lessee's exclusive use). Lessor agrees to sign such documents or easements as may be required by said utility companies to provide such service to the Premises, including the grant to Lessee or to the servicing utility company at no cost to the Lessee, of an easement in, over across or through the Land as required by such servicing utility company to provide utility services as provided herein. Any easement necessary for such power or other utilities will be at a location acceptable to Lessor and the servicing utility company. (c) Lessee, Lessee's employees, agents, subcontractors, lenders and invitees shall have access to the Premises without notice to Lessor twenty-four (24) hours a day, seven (7) days a week, at no charge. Lessor grants to Lessee, and its agents, employees, contractors, guests and invitees, a non-exclusive right and easement for pedestrian and vehicular ingress and egress across that portion of the Land described in Exhibit B. Lessor. Lessor's emplovees and agents shall have access to the Premises twenty-four (24) hours a day, seven (71 days a week in order to inspect Lessor's EauiDment. (d) Lessor shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Lessor shall be responsible for maintaining and repairing such roadway, at its sole expense, except for any damage caused by Lessee's use of such roadways. (e) Lessee shall be resvonsible for the cost of landscaping the portion of the Land which is adjacent to the Premises, as depicted in Exhibit B. Such cost not to exceed Four Thousand Dollars ($4000.00). 7. Interference. (a) Lessee shall operate the Lessee Facilities in a manner that will not cause interference to Lessor and other lessees or licensees of the Land, provided that their installations predate that of the Lessee Facilities. All operations by Lessee shall be in compliance with all Federal Communications Commission ("FCC") requirements. (b) Subsequent to the installation of the Lessee Facilities, Lessor shall not permit itself, its lessees or licensees to install new equipment on the Land or property contiguous thereto owned or controlled by Lessor, if such equipment is likely to cause interference with Lessee's operations. Such interference shall be deemed a material breach by Lessor. In the event interference occurs, Lessor agrees to take all reasonable steps necessary to eliminate such interference, in a reasonable time period. HAUsers\S1TE DEW..EASES\1500S\1531\lse.okeechobee. Market.: South Florida • Site No.: FL-1531A Site Name: DTN Okeechobee 8. Taxes. If personal property taxes are assessed, Lessee shall pay any portion of such taxes directly attributable to the Lessee Facilities. Lessor shall pay all real property taxes, assessments and deferred taxes on the Land. 9. Waiver of Lessor's Lien. (a) Lessor waives any lien rights it may have concerning the Lessee Facilities which are deemed Lessee's personal property and not fixtures, and Lessee has the right to remove the same at any time without Lessor's consent. (b) Lessor acknowledges that Lessee has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Lessee Facilities (the "Collateral") with a third patty financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith, Lessor (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. 10. Termination. This Agreement may be terminated without further liability on thirty (30) days prior written notice as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default, provided that the grace period for any monetary default is ten (10) days from receipt of notice; or (ii) by Lessee for any reason or for no reason, provided Lessee delivers written notice of early termination to Lessor no later than thirty (30) days prior to the Commencement Date; or (iii) by Lessee if it does not obtain or maintain any license, pemrit or other approval necessary for the construction and operation of Lessee Facilities; or (iv) by Lessee if Lessee is unable to occupy and utilize the Premises due to an action of the FCC, including without limitation, a take back of channels or change in frequencies; or (v) by Lessee if Lessee determines that the Premises are not appropriate for its operations for economic or technological reasons, including, without limitation, signal interference. 11. Destruction or Condemnation. If the Premises or Lessee Facilities are damaged, destroyed, condemned or transferred in lieu of condemnation, Lessee may elect to terminate this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Lessor no more than forty-five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation. If Lessee chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises. 12. Insurance. Lessee, at Lessee's sole cost and expense, shall procure and maintain on the Premises and on the Lessee Facilities, bodily injury and property damage insurance with a combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of Lessee, its employees and agents arising out of or in connection with Lessee's use of the Premises, all as provided for herein. Lessor shall be named as an additional insured on Lessee's policy. Lessee shall provide to Lessor a certificate of insurance evidencing the coverage required by this paragraph within thirty (30) days of the Commencement Date. 13. Waiver of Subroag lion. Lessor and Lessee release each other and their respective principals, employees, representatives and agents, from any claims for damage to any person or to the Premises or to the Lessee Facilities thereon caused by, or that result from, risks insured against under any insurance policies carried by the parties and in force at the time of any such damage. Lessor and Lessee shall cause each insurance policy obtained by them to provide that the insurance company waives all right of recovery by way of subrogation against the other in connection with any damage covered by any policy. Neither Lessor nor Lessee shall be liable to the other for any damage caused by fire or any of the risks insured against under any insurance policy required by Paragraph 12. 14. Assignment and Subletting. Lessee may assign this Agreement or sublet or license the Premises or any portion thereof to an entity upon written notification to Lessor by Lessee, subject to the assignee assuming all of Lessee's obligations herein. Upon assignment or subletting, Lessee shall be relieved of all future performance, liabilities, and obligations under this Agreement. Lessee shall have the right to sublet this Agreement without Lessor's consent. Lessor may assign this Agreement upon written notice to Lessee, subject to the assignee assuming all of the Lessor's obligations herein, including but not limited to, those set forth in Paragraph 9 ("Waiver of Lessor's Lien") above. This Agreement shall run with the property and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives, heirs and assigns. Notwithstanding anything to the contrary contained in this Agreement, Lessee may assign, mortgage, pledge, hypothecate or otherwise transfer without notice or consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Lessee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. 15. Warranty of Title and Ouiet Eniovment. Lessor warrants that: (i) Lessor owns the Land in fee simple and has rights of access thereto and the Land is free and clear of all liens, encumbrances and restrictions; (ii) Lessor has full right to make and perform this Agreement; and (iii) Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing and perfomvng all the terms, covenants and conditions on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy the Premises. Lessor agrees to indemnify and hold harmless Lessee from any and all claims on Lessee's leasehold interest. 16. Repairs. Lessee shall not be required to make any repairs to the Premises or Land unless such repairs shall be necessitated by reason of the default or neglect of Lessee. Except as set forth in Paragraph 6(a) above, upon expiration or termination hereof, Lessee shall restore the Premises to the condition in which it existed upon execution hereof, reasonable wear and tear and loss by casualty or other causes beyond Lessee's control excepted. 17. Hazardous Substances. Lessee agrees that it will not use, generate, store or dispose of any Hazardous Material on, under, about or within the Land in violation of any law or regulation. Lessor represents, warrants and agrees (1) that neither Lessor nor, to Lessor's knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material (defined below) on, under, about or within the Land in violation of any law or regulation, and (2) that Lessor will not, and will not permit any third party to use, generate, store or dispose of any Hazardous Material on, under, about or within the Land in violation of any law or regulation. Lessor and Lessee each agree to defend, indemnify and hold harmless the other and the other's partners, affiliates, agents and employees against any and all losses, liabilities, claims and/or costs (including reasonable attorney's fees and costs) arising from any breach of any representation, warranty or agreement contained in this paragraph. As used in this paragraph, "Hazardous Material" shall mean petroleum or any petroleum product, asbestos, any substance known by the state in which the Land is located to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. This paragraph shall survive the termination of this Agreement. 18. Miscellaneous. (a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties. (b) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (c) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. H:\Users\SITE DEV\LEASES\1500SU531\lse.okeechobee. :`...1`:' :": ..::----- Market.: South Florida • Site No.: FL-1531A Site Name: DTN Okeechobee (d) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below: Lessor: Lessee: Nextel South Corp. 851 Trafalgar Court, Suite 300E Maitland, FL 32751 Attn.: Property Manager With a copy to: Nextel Communications, Inc. 2001 Edmund Halley Drive Reston, VA 20191-3436 Atm.. Legal Dept., Contracts Manager Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt. (e) This Agreement shall be governed by the laws of the State of Florida. (f) Lessor acknowledges that a Memorandum of Agreement in the form annexed hereto as Exhibit C will be recorded by Lessee in the official records of the County where the Land is located. In the event the Land is encumbered by a mortgage or deed of trust, Lessor agrees to obtain and furnish to Lessee a non -disturbance and attomment instrument for each such mortgage or deed of trust. (g) Lessee may obtain title insurance on its interest in the Land. Lessor shall cooperate by executing documentation required by the title insurance company. (h) In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such party shall not unreasonably delay or withhold its approval or consent. (i) All Riders and Exhibits annexed hereto form material parts of this Agreement. fl) 0) This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original. 19. Liability and Indemnity. Lessee shall indemnifv and hold Lessor harmless fromall claims (includingattonrev's fees, costs and expenses of defending agaisnt such cliams) arising from the acts or omission of Lessee or Lessees agents or emplovees in or about the Land. Lessor shall indemnify abd hold Lessee harmless from all claims (including attonrevs' fees, costs and expenses of defending agianst such cliams) arising from the actos or omissions of Lessor or Lessor's agents or enwlovees in or about the Land. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. LESSOR: Signed, sealed and delivered in the presence of. Witness By. Print Name: Print Name: Witness: Title: Print Name: Tax ID#: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of by of a , who is personally known to me or who has produced as identification and who did (did not) take an oath. WITNESS my hand and official seal. Notary Public Print Name My commission expires: (SIGNATURES CONTINUED ON FOLLOWING PAGE) HAUsers\SITE DEV\LEASES\1500S\1531\lsaokeechobee. ._ Market.: South Florida • Site No.: FL-1531 A Site Name: DTN Okeechobee • Signed, sealed and delivered in the presence of LESSEE: Nextel South Corp., a Georgia corporation d/b/a Nextel Communications By: Witness Print Name: Print Name: John Cafaro Title: Vice President Witness Print Name: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , by John Cafaro, as Vice President of Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications who is personally known to me or who has produced as identification and who did (did not) take an oath. WITNESS my hand and official seal. Notary Public Print Name My commission expires: H:\Usem\SITE DEV\LEASES\1500S\1531\15e.okeechobee.docM:".'. .,. Market.: South Florida • • Site No.. FL-1531A Site Name: DTN Okeechobee EXHIBIT A DESCRIPTION OF LAND to the Agreement dated by and between Lessor, and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications as Lessee. The Land is described and/or depicted as follows (metes and bounds description): Citv of Okeechobee as I H:\Usm\SITE DEV\LEASES\I500S\1531\lsc.okeechobee.doW".':..:, ^-- ^_ Market.. South Florida • Site No.: FL-1531A Site Name: DTN Okeechobee EXHIBIT B DESCRIPTION OF PREMISES to the Agreement dated by and between Lessor, and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications as Lessee! The Premises are described and/or depicted as follows: City of Okeechobee as I Notes: 1) This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee. 2) Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. 3) Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. 4) The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, mounting positions may vary from what is shown above. H:\Users\SITE DEW,EASES\1500S\1531\lse.okembob=.doc!I:":: ---1 ^^` Market.: South Florida . • Site No.: FL-1531A Site Name: DTN Okeechobee PREPARED BY: Paula Hickman, Esq. Nextel South Corp. 2201 Lucien Way, Suite 200 Maitland, FL 32751 RETURN TO: EXHIBIT C MEMORANDUM OF AGREEMENT This Memorandum of Agreement is entered into on this day of by and between , . Citv of Okeechobee , a Florida Municival Corporation , with an address at 55 S>E> Third Avenue, Okeechobee, FL 34974 (hereinafter referred to as "Lessor") and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications with an office at 851 Trafalgar Court, Suite 300E, Maitland, FL 32751 (hereinafter referred to as "Lessee"). Lessor and Lessee entered into a Communications Site Lease Agreement ("Agreement") on the _ day of , for the purpose of installing, operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the Agreement. The term of the Agreement is for five (5) years commencing on ("Commencement Date'), and terminating on the fifth anniversary of the Commencement Date with five (5) successive five (5) year options to renew. The Land which is the subject of the Agreement is in County, Florida, described in Exhibit A annexed hereto. The portion of the Land being leased to Lessee (the "Premises") is described in Exhibit B annexed hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written Signed, sealed and delivered in the presence of: Witness Print Name: Witness Print Name: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this as of known to me or who has produced WITNESS my hand and official seal. Notary Public Print Name My commission expires: LESSOR: TJ # .:: # . It# 1 # 4 Print Name Title: day of , by , a , who is personally as identification and who did (did not) take an oath. (SIGNATURES CONTINUED ON FOLLOWING PAGE) H1Uscrs\SITE DEV\LEASES\1500S\1531\Ise.okeechobee.dock4&;oem4;:P ^^ •r ••:,••. __:,^,T,. •• • 0 TO: FROM: SUBJECT: DATE: MEMORANDUM ROBERT BRADSHAW CHAR MOREJON UPDATE TO PROPOSAL 09/21/99 This memo is to update the previous proposal I sent you. 1. The rent will be $1500.00 per month with an annual increase of 3% each year following (please see attached schedule). 2. Attached you will find the Proposed Plans for the 150' self supporting communications Tower. As we previously discussed NEXTEL COMMUNICATIONS will be replacing the existing guyed tower now in front of the City Hall. 3. Please note that we will fence and landscape the proposed lease area. 4. As stated in the Lease, if for any reason NEXTEL COMMUNICATIONS options to not renew their lease they will sign over title to the tower. 5. NEXTEL COMMUNICATIONS shall procure and maintain, at our expense, bodily injury and property damage insurance with a combined single limit coverage of at least One Million Dollars ($1,000,000.00) per occurrence. As landlord, you will be named as additionally insured on our policy. Since you will be sharing the tower NEXTEL COMMUNICATIONS is asking you also procure and maintain insurance. 6. NEXTEL COMMUNICATIONS has requested that you notify them at least 24 hours in advance of any upgrade or changes you make to your equipment. They do not have to be present but need to be aware of these changes or upgrades. You will have 24/7 access to the compound in case of emergency outrages. 7. I would like to bring up the fact that many schools, churches, public and private facilities have benefited from the income that business ventures like this bring. I am looking forward to bringing the same benefit to your City 8;465,--� Site Acquisition Consultant • Nextel Communicadons • 6700 N. Andrews Ave., Suite 700 Ft. Lauderdale, FL 33309 (954) 7764M FAX (954) 275-2416 September 21, 1999 The City of Okeechobee ROBERT L BRADSHAW 55 S.E. Third Avenue Okeechobee, FL 34974 RE: Telecommunications Site Dear Mr Bradshaw: I represent Nextel Communications, in the site development of communications facilities, in southern Florida. Nextel is a nationwide wireless communication carrier licensed by the FCC to provide mobile telephone, two-way radio, paging and data services for the public and private sectors of the community. Nextel is working to improve its system by adding select communication sites throughout southern Florida. We are looking for a location near the City Hall to place an unmanned communications facility and are interested in possibly leasing a portion of your property located there. • Nextel is interested in replacing the 120' guyed tower with a 150-180' self support tower. • Nextel would be responsible for all expenses including utilities, construction, permitting, operation and maintenance costs associated with the facility. • Nextel would like an initial lease term of five (5) years with five (5) options to renew, each option being for a period of five (5) years, for a potential term of twenty five (25) years total. • Nextel is willing to pay, as rent for the initial five (5) year term, a sum of not less than sixty thousand dollars ($60,000.00), payable in monthly installments of one thousand Dollars ($1,000.00) each. Each year the rent will increase three (3%) percent. Which will be a total of fifteen percent (15%) per term I have included a chart for your review. • In our agreement Nextel would own the tower but would transfer all antenna and equipment on the existing tower to the new one. Also we would include the rights for your future needs. Since the tower will be located on your property, you will also have the right to enter into a ground lease with all companies wishing to co -locate on the tower. • The facility is to be unmanned and requires service visits of only a few hours a month. However, Nextel will require twenty-four (24) hour access, seven (7) days a week, in order to service the facility in case of an emergency. U n U • If any property taxes are increased solely as a result of our facility, we will be responsible for paying any such increases. • During our term of occupancy, Nextel shall procure and maintain, at our expense, bodily injury and property damage insurance with a combined single limit coverage of at least One Million Dollars ($1,000,000.00) per occurrence. As landlord, you will be named as additionally insured on our policy. • Nextel must comply with all FCC regulations and requirements and will not operate its facilities in a manner that will cause interference to the Lessor or other lessees or licensees of the property. Nextel normally adds an Equipment Shelter. As we discussed on the phone, Nextel would be willing to consider using a portion of the existing building for their equipment. Thank you for taking the time to consider this proposal. Enclosed is a copy of our standard ground lease agreement for your review. Also I have included a few pictures of self support towers to give you an idea of what we are looking to build. Please contact me at your earliest convenience to discuss this inquiry further. I can be reached at 954 325-3475 or you may page me at 800 719-6446. I look forward to working with you. Sincerely, Char Morejon Site Acquisition Consultant NEXTEL Communications • • Escalating Payment Schedule MTA Site Number Site Name Enter first year base rent here Enter percent of increase here Enter Sales Tax Rate here Annual Years I Base Rent Increase 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21492.94 22137.73 22801.86 23485.92 24190.49 24916.21 25663.70 26433.61 27226.62 28043.41 29751 31563.11 32510.00 540.0 556.2 572.8 590.0 607.7 626.0 C 725.71 747.49 769.91 793.01 816.80 841.30 866.54 892.54 919.31 946.89 975.30 1004.50 1034.70 1065.74 South FL FL-1531 DTN Okeechobee 18000 3% 0% Sub total Sales Tax TOTAL 18000.00 0.00 18000.00 18540.00 0.00 18540.00 19096.20 0.00 19096.20 19669.09 0.00 19669.09 20259.16 0.00 20259.16 20866.93 0.00 20866.93 21492.94 0.00 21492.94 22137.73 0.00 22137.73 22801.86 0.00 22801.86 23485.92 0.00 23485.92 24190.49 0.00 24190.49 24916.21 0.00 24916.21 25663.70 0.00 25663.7C 26433.61 0.00 26433.61 27226.62 0.00 27226.62 28043.41 0.00 28043.41 28884.72 0.00 28884.72 29751.26 0.00 29751.21 30643.80 0.00 30643.8a 31563.11 0.00 31563.11 32510.00 0.00 32510.0a 33485.30 0.00 33485.3C 34489.86 0.00 34"9.8G 35524.56 0.00 35§24.5G 36590.291 0.00 36590.21 0 9 AU , A » 3 & § 1 0 %■ � ` g �E I E ©A § � §_ ■ �■ 2 - � � ` � k ■ ! � � § ■ � � � �� § 2 k XCP §■ & ■ ` 5 2 $] ! \ R r @ § � � ° g a k � 2 � � $ �� f10 § a 9x fn $ f k $^§ i W Z 1W r L co w 0 ri fruw4 wru JJp �lnaCrrr — /rrrNa4 ' rarAPJwra A101gr+ w rwam awr•O rho"rT momm AMA - aww"m ►•.r om Carrertm OpawLs CM100 rvf Aran an WALL arw,aur �j�/f�4//INN/NYNN/NI/Ir SO lr cum==rourom AT MPI Taaaw Laa rtl Mrtl['L Vr dr WON arr0alrwl.r u,+ r4� araaN AW[ law r�ca f of irwao war ar+� . aR oarAa.; m IW 4- ma efaJn &~vw fOw.LwR arrw+ra arar�[rr W OM .� IiiilrFuiiiiiL� +rtrO AY1p TOae1.a0 wrr'CaR eAara r R oaWArwarfev rrs AfrMMfa - awgras♦ NcrJa +iwaw[Ae rora ravra`cv ArC ra[rA.m O rar unlm Mba /arTll R IrrlW 11Maaa �r1T♦0 Nir oJw4 AlblCr 1 ' [ IawoYf! 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