1993-08-17CITY OF OKEECHOBEE
REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
Page 1 of 22
AGENDA
COUNCIL ACTION/DISCUSSION
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A. Call meeting to order on August 17, 1993 at 7.00 P.M.
B. Invocation offered by Dowling R. Watford, Jr;
Pledge of Allegiance led by Mayor Kirk.
C. Mayor and Council attendance:
Mayor James E. Kirk
Councilmember Danny P. Entry
Councilmember Michael G. O'Connor
Councilmember Jerry E. Walker
Councilmember Dowling R. Watford, Jr.
Staff attendance:
Attorney John R. Cook
Administrator John J. Drago
Clerk Bonnie S. Thomas
Deputy Clerk Lane Gamiotea
D. Motion to dispense with reading and approve the summary
of Council Action for the Regular Meeting of July 6, 1993.
Mayor Kirk called the August 17, 1993 meeting to order at 7:00 p.m.
Reverend Ken McDuffie offered the invocation;
Mayor Kirk led the Pledge of Allegiance.
Clerk Thomas called the roll.
Present
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Present
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Councilmember Entry made a motion to dispense with reading and approve the
Summary of Council Action for the Regular Meeting of July 20, 1993 and the
Budget Workshop of August 10, 1993; seconded by Councilmember O'Connor.
KIRK
X
ENTRY
X
O'CONNOR
X
WALKER
X
WATFORD
X
MOTION CARRIED.
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August 17, 1993 - Regular Meeting - Page 2 of 22
AGENDA
COUNCIL ACTION/DISCUSSION
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E. Motion to approve Warrant Registers for July, 1993:
General Fund .................$225,920.02
Public Utilities ..............$483,854.51
REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL
OF ITEMS ON TODAY'S AGENDA.
F. NEW BUSINESS
1. Presentation to Ms. Charlie Hayes, proclaiming the week
of October 17 - 24, 1993 as "Red Ribbon Week' - Mayor
Kirk.
Councilmember Watford made a motion to approve the Warrant Registers for July,
1993 in the amounts, General Fund, two hundred twenty-five thousand, nine
hundred twenty dollars, two cents ($225,920.02) and Public Utilities Fund, four
hundred eighty-three thousand, eight hundred fifty-four dollars, fifty-one cents
($483,854.51); seconded by Councilmember Walker.
19RK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
Mayor Kirk asked if there were any requests for the addition, deferral or withdrawal
of items on today's agenda. Mayor Kirk announced New Business item "4" has
been withdrawn; New Business item "13" has been added, and Exhibit 11 has
been added to item 'W'. Councilmember Watford requested New Business item
"5" be referred to the next regular meeting.
Mayor Kirk read the Proclamation in its entirety as follows:
"WHEREAS, it is the responsibility of Florida State and local health officials to take action to
prevent disease, promote health and protect our residents, and
WHEREAS, Acquired Immunodeficiency Syndrome (AIDS) continues to pose a major threat
to our health and economic well being; and
WHEREAS, over 31,000 Floridians have already been diagnosed with AIDS, over 65% have
already died and 240,000 more are likely to be infected with the virus; and
WHEREAS, an additional 8,000 Floridians are estimated by the Florida Department of Health
and Rehabilitative Services to be diagnosed with AIDS by the end of this year, 1993; and
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August 17 1993 - Regular Meeting - Page 3 of 22
AGENDA
COUNCIL ACTION/DISCUSSION
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F. NEW BUSINESS
1. Red Ribbon Week Proclamation continued.
WHEREAS, Floridians of all ages, races, religions and sexual orientations may be among these
cases; and
WHEREAS, with sufficient AIDS education and adherence to basic prevention guidelines, no
Floridian must contact this disease from this point on; and
WHEREAS, the organization that services Okeechobee County is the Treasure Coast Community
AIDS Network (TCCAN) and they provide quality service for people infected with HIV and are
dedicated to stopping the transmission of HIV disease. TCCAN provides direct services, education
and advocacy for men, women and children living with HIV disease; and
WHEREAS, TCCAN has been designated by the HRS District XV HIV/AIDS Consortia as the provider
of all case management efforts for all four Counties in our district. TCCAN delivers services linking
available community support services to appropriate specialized medical services; and
WHEREAS, TCCAN is conducting a major fund raiser, entitled "FISH FOR THE FIGHT 11". This bass
fishing tournament will be held October 23rd and 24th, 1993 at Okee Tantie Park, Okeechobee
Florida; and
NOW, THEREFORE, BE IT RESOLVED that 1, James E. IGrk, Mayor of the City of Okeechobee, do
hereby Proclaim the week of October 17th - October 24th, 1992 as °RED RIBBON AWARENESS
WEEr in the City of Okeechobee, an ask that every citizen participate in observances and activities
designed to increase awareness of the prevention of AIDS and how it can be prevented."
Mrs. Hayes stated, on behalf of Treasure Coast Community Aids Network, which I am a
co-founder. After I lost my son to AIDS, I realized that in this four County area that we
did not have an agency that would help take care of our sick people. Last year we held
our first tournament over here and it was a huge success. So, this year again my
husband's bass club is hosting again this tournament and we're going to be bringing a
lot of revenue into Okeechobee I'm sure ftom this event. We already have over seventy-
two boats signed up for this benefit. There's a bar-b-que going on at Pier ll, please, I
hope this Council will wear a red ribbon, will have them available for anybody who wants
a red ribbon, and please come to the bar-b-que, it's open to the public, Jimmy Rogers
will be back and this will be on National Television, so Okeechobee will be getting some
recognition again this year. And I'd like to thank each and everyone of you.
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August 17, 1993 - Regular Meeting - Page 4 of 22
11 AGENDA 11 COUNCIL ACTION/DISCUSSION 11 Y N A
F. NEW BUSINESS
2. Motion to approve a Taxi Cab Driver Permit for Mr.
Richard Schenck - City Administrator (Exhibit 1).
3. Discuss Taxi Operations in Okeechobee - Mr.
Charles Straight (Exhibit 2).
Councilmember Watford made a motion to approve the Taxi Cab Driver Permit for
Richard Schenck, seconded by Councilmember Entry.
Councilmember Watford stated, it appears that everything in the application is in order
according to our memo and all the appropriate staff members concurred with the
recommendation to approve.
KIRK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
Mr. Chuck Straight introduced himself to the Council as president of A-1 Taxi and All -
County Taxi Corporation, and then introduced Mr. Hank Craig, the general manager. Mr.
Craig informed the Council that upon coming on board with Mr. Straight the first thing he
informed him of was for the past ten years he has been the sole and only licensed to
conduct public transportation business within the City of Okeechobee. Mr. Craig told the
Council some of the problems they have had throughout the whole system of the local
Taxi Cab business.
Over the past sa to eight months there has been a tremendous influx of what we refer to
as "gypsy" or "non -registered", "non -identified" vehicles commuting people, picking them
up within the City Limits. There has been an organization from Lake Placid and Sebring
who has been operating a Transfer Bus System within the City of Okeechobee, were all it
requires is a telephone call to that system, tell them you are sixty years of age and they
will pick you up and take you to any location you so desire and return you to your home
at no charge.
We, as a legal licensee, required to carry $200,0001$300,0001$200,000 insurance at a
cost for two vehicles of in excess of $10,000. per year, cannot continue to pay this
insurance rate and this insurance price with unregistered, unlicensed and in our opinion
illegal operators.
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AGENDA
NEW BUSINESS
3. Taxi Operations in Okeechobee continued.
August 17, 1993 - Regular Meeting - Page 5 of 22
COUNCIL ACTION/DISCUSSION
We came to you and asked in a letter Mr. Straight wrote to you several weeks ago, asked
for your cooperation to try and enforce the licensing, the requirement of these people
having the insurance. So that there could be fair competition. As l say, for the past ten
years we have been the sole licensed transport. For the past five years 75% of our
business has involved medicaid, the transportation of our needy to the various hospital's
clinic's and so forth, in the City. Several days ago we lost that to an out of County
competitor a very fine cooperation. Our business has now dwindled to almost nothing
as your public transport and we are required to keep two cabs and this atrocious
amount of insurance. Our record has been impeccable, we have had no claims. So
what I am here is to ask you gentlemen is let us reduce our fleet to one taxi cab, one
marked cab. We do have back up if that cab was ever to break down. We have a total
within our organization for out of County and in County a total of nine vehicles which we
could readily cover any down time, but we need to reduce our fleet to one cab. And to
be very truthful it is a loss. But we are willing to do it and hopefully maybe this season
and the seasons to come we will be able to at least break even.
Number two: we request that your insurance requirement, similar to a great amount of
municipalities, be reduced to $100,0001$200,OOOl$100,000. This we feel will provide us
a way to be able to keep a mode of public transportation on your streets to serve your
citizens, to serve your community.
Without this assistance the life of A-1 Taxi, your only licensee, is questionable. So I
herewith do ask you Mr. Mayor and Councilman, if you would please take this under
consideration and do what you feel right. We welcome competition, but by closing our
doors we are terminating the employment of eleven employees. We put $212,000 into
the payroll in the City of Okeechobee in 1992. We paid $58,000 in maintenance to the
various garages and services facilities in the City of Okeechobee in 1992. We paid
$12,000 to a local communications firm in the City of Okeechobee, we rent, with an
agreement to lease, a very nice facility opposite the County Court House which, if we
had to close our doors because we could no longer operate economically, would
become vacant and it was my understanding that that property was vacant for some two
and a half years before we took it over.
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August 17, 1993 - Regular Meeting - Page 6 of 22
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AGENDA COUNCIL ACTION/DISCUSSION Y N A
F. NEW BUSINESS
3. Taxi Operations in Okeechobee continued. We want to stay in business, we enjoy being in business in the City but we need your
11 help in letting up on the astringent requirements that you are requiring us to have as your
only sole legal lessee in the transportation business.
Councilmember Entry questioned, you keep talking about these transportation buses
from out of town, Avon Park Sebring; they are under contract with Okeechobee County
Senior Services. They do not charge the person, they charge the County.
Councilmember Watford asked, why do you only want to drop down to one cab, is it
because of the insurance or something?
Mr. Craig responded, because of the premium required. In other words two cars for a
$200, 0001$300, 0001$200, 000 liability we are paying $9, 794.83 a year. 99.9% of the time
we have had only one vehicle on the road, the other under cover. By reducing to a
requirement of one vehicle and reducing it to $100,0001$200,0001$ 100, 000 our premium
is estimated to drop down to approximately $4, 700 a year.
Councilmember Watford, the other vehicles you have, I think you said there were nine
other vehicles. Mr. Craig interjected, we have nine other vehicles that we use and what
we refer to as our medicaid fleet. Which takes your citizens under medicaid and we will
hopefully continue to do this, to medical provision outside of Okeechobee, such as
Miami, Broward, Ft. Pierce, Vero, Sebring, all over the area. l can take any one of those
vehicles and put a plastic sign on them that said 'A-1 Taxi" for the down time of the
marked taxi.
Councilmember Watford, l am assuming you have some type of insurance on those
vehicles? Mr. Craig responded, insurance on those medicaid vans compared to a taxi
cab is as much difference as your personal car and driving a race car in the Indy 500.
Councilmember Watford asked what coverage did they have on those? Mr. Craig
answered $1001$2001$100, on our medicaid out of town vehicles. They're unmarked
plain vans, station wagons, we do have two small mini vans.
Mayor Kirk asked Attorney Cook if this was something the Council could legally
consider?
17, 1993 - Regular Meeting- Page 7 of 22
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AGENDA
COUNCILMEMBER ACTION
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F. NEW BUSINESS
3. Taxi Operations in Okeechobee continued:
Attorney Cook answered, not tonight, we would have to amend the existing ordinance, I
would have to check with Finance Director Parker on the insurance requirements. But
reducing to one vehicle and reducing insurance is certainly something you can do, but
we have to advertise for the ordinance change.
Mayor Kirk asked if Attomey Cook could check this out and advise us? Attorney Cook
answered yes. Mayor Kirk also asked Police Chief Mobley, if we have these people
violating our ordinance by driving an unlicensed cab can we not do something about
that? Chief Mobley stated if you can catch them. Mayor Kirk, to Mr. Straight and Mr.
Craig, you need to call him if you catch one of these "gypsy cabs" operating in the City.
4. Hear an appeal from Officer Jo Eide regarding the
Item was withdrawn from agenda.
Grievance Committee's decision - Ms. Jo Eide
(Exhibit 3).
5. Discuss Utility billing Due Dates - Councilmember
Item was deferred until next meeting.
Watford.
6. Discuss Comp Plan Litigation - City Attorney
Attorney Cook began, this draft (Exhibit 11) 1 think is very similar to ones that the Council
(Exhibit 11 was added to the agenda),
may have seen in the past. The first eight pages of the document contains certain
recitals as some definitions, and the mechanics as to how any change in this County
Comprehensive Plan would be presented to the Department of Community Affairs (DCA)
and how the DOAH (Department of Administrative Hearings) Litigation would terminate,
assuming that the changes that we agreed to eventually make their way to DCA.
Following that, in Exhibit A, is the essence of the proposed changes or amendments to
the County Comprehensive Plan. This copy that Mr. Cassels provided us, you can see
the dark shaded area, there are only a few of those areas and as the Council knows we
have been working since I think, end of April, first of May, on this language. And these
shaded areas are really pretty much the areas of contention the past couple of months.
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August 17, 1993 - Regular Meeting - Page 8 of 22
AGENDA COUNCIL ACTION/DISCUSSION Y N A I
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F. NEW BUSINESS
6. County Comp Plan Litigation continued:
You can see that the actual differences were not great in number but perhaps great in
the wording we wanted verses, the wording the County wanted. But, Mr. Cassels, / was
at the last County Commission Meeting and at that time, of course, the County had
previously approved the last draft that we had worked on prior to further review by Mike
Morell and our planner. The County Commission at that last meeting then, took the
position that they had approved a draft, they wanted us to approve some draft. And then
have a joint meeting to iron out the differences. Mr. Cassels called me Friday and
indicated that he would like to sit down and meet at least one more time prior to
tonight's meeting. So, he and I met yesterday for an hour or two. And the shaded area
that you see here is primarily what we discussed yesterday.
I am please to say that on behalf of myself, Mike Morel and as I understand it, also by
Mr. Cassels this last draft contains language that we feel that we can recommend to
each board to settle the Comprehensive Plan Litigation.
The stage of the litigation is that Mike Morell had set depositions up I think next
Thursday, which is prelude of course to gearing up for the final hearing. The next sw
to eighty days in litigation would have been very time consuming and very expensive for
both the County Commission and the City Council. So, we have arrived at this language,
and just to explain it. If you recall, the primary objections that were raised the time we
initiated this litigation was that we didn't feel that the County's Comprehensive Plan
adequately addressed the City's claimed Chapter 180 Service Area. And also did not
adequately address intergovernmental coordination between the City and County and
any other group that may in the future plan utility growth in the unincorporated area.
Particularly the wastewater problems that we have in the South end of the County.
Lastly, we had objected, if you recall, to the County including in their Comprehensive
Plan, a great deal of reference to the Contract between South Florida Water Management
District and the County. That funded, initially, water. Then the District put more
emphasis on wastewater. But the objection we had at that time was that this was not in
existence on the night that the County adopted their plan and if it was not in existence at
that time then it should not be in the plan.
F.
AGENDA
NEW BUSINESS
6. County Comp Plan Litigation continued:
August 17, 1993 - Regular Meeting - Page 9 of 22
COUNCIL ACTION/DISCUSSION
So, what you are looking at is language that we have agreed should be in the plan
effective April, 1992. Additional events since that time of course and both the City and
the County plans will be amended from time to time to deal with those new issues and
problems that arise. What this document represents, is an accurate reflection of the
situation that existed in April, 1992. And we are each going to recommend to our
respective Boards that this language be approved.
Now, i think both sides have taken care to not point fingers and not, the County certainly
has not admitted or intends to admit that their plan was originally defective in the first
place. That, as settlements go, it's a give and take and this language is some giving
and taking by both the City and the County and it's language we feel we can
recommend. The plan itself as you recall is sort of a blueprint for local government to
follow in their growth in the future. So, the wording that we've all been through for,
myself particularly, can get very tedious, but the final result is very important because
these plans are sort of a road map of what direction local government will proceed in the
future. These language changes here contain a recognition of the City's claimed
Chapter 180 Service Area; recognition that Beach Water is ascertaining some type of
claim; that the County recognizes the claims and is not, probably anymore than we are,
sure at this point what the effect to the extent of what those claims are; that in the future
the County will coordinate with local governments and other entities to provide planning,
water and wastewater service to the unincorporated area and avoid unnecessary
duplication of services and all those attended things that are necessary to properly plan
utility growth. So / guess, as l said the bottom line is, myself and Mike Morell and John
Cassels believe this language cures the objections we had to the plan that was
submitted in April of 1992. And that I would request this Board to, by motion, authorize
the Mayor's signature on this document so we could forward it to the County for their
consideration.
Councilmember O'Connor asked if we anticipate or does Attorney Cassels anticipate any
objection from his Board as to what this document says? l know they have not had a
meeting on it yet. Attorney Cook responded, we do not anticipate any objection on it,
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AGENDA
COUNCIL ACTION/DISCUSSION 11
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F. NEW BUSINESS
6. County Comp Plan Litigation continued.
Attorney Cook informed Council of one of the request he would like to make tonight in
reference to litigation. The Board may no be aware that the legislature amended the
Sunshine provisions recently. I think any attorney that works for local government, and I
am sure some of you had the same concerns. When you are in litigation, it is difficult to
really give accurate an picture to your Board as to the progress of the litigation or
direction you want to go because these things are said at public meetings and it is like
you are discussing your strategy and then you see it in the paper the next day. But the
Statute has been amended to authorize closed door meetings of a body to discuss
pending litigation. I am going to request that this Board permit such a meeting. Mr.
Drago and I discussed perhaps Monday to do it. There are some requirements that we
have to meet. We have to initially start an open meeting then close the meeting and
have it recorded by a court reporter.
The primary purpose would be, we feel this litigation (County Comp Plan) is probably put
to rest. So the bulk of the purpose would be to bring the Council up to speed on the
suit that Beach Water has filed against us. We have a response due Tuesday the 24th,
that i have to prepare. We cannot make a decision behind closed doors, like a policy
decision, but there are some factors concerning the litigation that I would like this Board
to be aware of, so, when we do reconvene as a public body we can make some
decisions as to the course of the litigation, and frankly, what direction we should go. At
this meeting I request that the Board authorize that we set up the closed door meeting.
Councilmember O'Connor asked, that has nothing to do with this one (County Comp
Plan Litigation) right here? Attorney Cook responded, actually, we intended on
discussing both of them. This one (County Comp Plan Litigation) here as I said, appears
to be put to rest, so any discussion of this litigation would only be in conjunction with
how this ties in with the actual lawsuit that is filed by Beach Water, because there are
some similarities.
Councilmember Watford moved that the Council authorize the Mayor to sign the
stipulated settlement agreement between the City and the Department of Community
Affairs and Okeechobee County• seconded by Councilmember Walker.
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AGENDA
COUNCIL ACTION/DISCUSSION 17Y
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F. NEW BUSINESS
6. County Comp Plan Litigation continued.
Councilmember Watford commented, when we first started this thing, we tried to tell
everybody we had a reason that we had to do this. Our fears and concerns by the
events that have taken place over this time period have proved that course of action to
be correct, that we did have some very valid concerns. It is unfortunate that we had to
go this route, I think that it has also been extremely expensive and I really hate that. It
appears to me and, we just received this, and just reading in here briefly, it appears to
me that, and I do not mean to be critical of anyone but it appears to me that the
wording, basically the County really has not said anything. They have said, the City says
there is a service area but Beach Water has a different claim, so we do not know what it
is, is basically what they say, we do not know which is right. And l think it is very
unfortunate that if this is what we are going to come down to that we could not have
done this an awful lot sooner. l do not mean that to be critical of all the negotiations and
so forth because I know that the attorney's have spent hours, and hours, and hours on
this and I appreciate that. I just think it is somewhat disappointing. But the bright spot
is that perhaps this is over now and we can move on although I do not think it is what l
had expected to see. I am very thankful that it is over.
Mayor Kirk commented that he did not expect it to be any stronger statement, but that
was the range of what he expected it.
County Attorney Cassels addressed the Council stating, i just wanted to state as Mr.
Cook did, I think everybody worked hard on it and there was give and take on both
sides. As Mr. Cook did state, l can recommend that document to my Board, in fact l
have received word from the Chairman that we may, as soon as the Mayor signs the
document, I can schedule a special hearing for approving this as soon as I can get the
newspaper ad in. The Chairman is aware of how important it is to move it to a
conclusion to try to cut the expenses for everyone.
Councilmember O'Connor commented he thought all the attorney's involved in it need to
be commended for moving this thing forward and not wasting anymore time than they
have wasted, what we think they have wasted and what they think they have wasted,
either way that you want to slice it, everybody is going to say, it could have been done
sooner and that is great, but I still think, on a personal thing on this, they were working
hard on this and thev do need to be commended, it was not an easy task.
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August 17 1993 - Regular Meeting- Page 12 of 22
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COUNCIL ACTION/DISCUSSION
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F. NEW BUSINESS
6. County Comp Plan Litigation continued:
Mayor Kirk stated he was just glad we had reached this point.
Attorney Cook added one additional comment, we had really initiated this document
around the first of the year, very similar in content to what you have here tonight and the
negotiation got off track in March when we discovered the County had intended to enact
their franchise ordinance and then for some period of time there we were attempting to,
and it was originally in some of this document, that we were attempting to address both
the franchise ordinance and these other issues in one document. That proved to be
insurmountable at that time. And then we in essence separated out the issues again; I
think that may explain some of the delay in reaching this agreement.
Vote on motion to authorize the Mayor to sign the stipulated settlement agreement is as
follows:
KIRK
X
ENTRY
X
O'CONNOR
X
WALKER
X
WATFORD
X
MOTION CARRIED.
Council and Attorney Cook discussed a meeting time and date and concurred on
Monday, August 24th at 7.00 p.m.
Councilmember Watford moved to authorize a C1oseb Door MeetiN:5 to discuss
pending litigations: seconded by Councilmember EntN.
Mayor Kirk asked for clarification, any part of this is not going to be public?
August 17, 1993 - Regular Meeting - Page 13 of 22
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F. NEW BUSINESS
6. County Comp Plan Litigation continued.
Attorney Cook answered, my understanding of the new Statute is we will meet, and the
Clerk will advertise the meeting in the paper, then we will meet in a public meeting, we
will then adjourn to a "closed door meeting" with a court reporter to discuss pending
litigation. The court reporter's notes are to be kept in the City and they are disclosed to
the public, l believe, when the litigation is completed.
Vote on motion to hold a "closed door meeting" is as follows:
CORK
X
ENTRY
X
O'CONNOR
X
WALKER
X
WATFORD
X
MOTION CARRIED.
7. Motion to approve a Professional Engineering
Discussion began by Councilmember Watford asking, a representative of that firm
Agreement with Knepper & Willard, Inc. in the
(Knepper and Willard) will not be in attendance tonight? Administrator Drago answered
amount of $414, 700.00 to complete Phase N of the
yes that is right.
Wastewater Treatment Plant Expansion - City
Administrator (Exhibit 4).
Councilmember Watford moved to table this item until a representative from the firm of
Knepper & Willard is in attendance at the meeting; seconded by Councilmember Walker.
KIRK
X
ENTRY
X
O'CONNOR
X
WALKER
X
WATFORD
X
MOTION DENIED.
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August 17, 1993 - Regular Meeting - Page 14 of 22
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F. NEW BUSINESS
7. Knepper & Willard Agreement continued:
Councilmember Watford began, I have complained about this since we started it. Pretty
soon you get tired of paying these fees. I'm sure they are all justified, and I am sure
they are all in line. I go back to my same old complaint, that of course, is not Knepper &
Willard's fault, but I think the way we have to choose engineering firms, and we have to
do this, is the most atrocious thing that the State Legislature ever put upon us.
$414,700.00, is a bunch of money and I have lost track. The amount Councilmember
Walker has come up with that we have paid on this, $144, 850.00, so far on this just to
get this far. That is just a lot of money.
Councilmember Entry asked, didn't they tell us when they started it was going to be that
much to get through these three phases?
Councilmember Walker responded he did not think they gave us the engineering cost at
that point and we still have another phase to go. This Phase 11I will not be the final
phase. And the other phase, from what i know about engineering will cost you another
$300, 000.00.
Councilmember O'Connor stated, as I understood this is the engineering.
Councilmember Walker interjected, that does not finish it up.
Attorney Cook clarified this is final design. Councilmember Walker continued this is
design only then your bidding. The list of what else we still have to do is: the resident
inspector will be $80,000, site specific studies will run about $75,000, to let the contracts
and get them under contract will run about $25,000, and the construction extra's for
handling off sites will run about $100,000. It comes out to around $850,000.00, that is
just a rough estimate.
Mayor Kirk asked Councilmember Walker, in your opinion is that out of line? He
responded he thought it was rather high, yes.
Councilmember O'Connor asked, this is the engineer that we're using, is it that we don't
trust him but yet we have him as our engineer? Councilmember Walker responded, I'm
just saying I think the prices are out of line.
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AGENDA COUNCIL ACTION/DISCUSSION Y N A
F. NEW BUSINESS
7. Knepper & Willard Agreement continued:
Mayor Kirk asked Administrator Drago why a representative was not here tonight.
Administrator Drago answer he thought Mr. Willard had another commitment and he was
not aware prior to this meeting that some of the Councilmen had concerns about the
price otherwise he would have probably at least insisted a representative be here.
Councilmember Walker commented if somebody was going to hire me and give me
$414, 000 l think I could make a commitment to be at the meeting where they hired me.
Mayor Kirk asked (to Councilmember Walker) what the sub -contractors are in this? He
responded that would be other firms to do surveying and testing. Councilmember
Watford interjected, soil samples. Councilmember Walker continued, yes soil samples
that they do not have the facilities to do.
Mayor Kirk commented, if this is correct we are paying Knepper & Willard $238,400. and
whoever is the subcontract would be paid $176, 300. Councilmember Walker answered
yes, we would pay Knepper & Willard and Knepper & Willard pay the subcontractors.
Council discussed the estimates Knepper & Willard gave them in the Phase I report. The
range for the plant is $3.2 million to $3.6 million and an extra $ 2 million possibly for the
reuse water.
Mayor Kirk stated his concerns are: First, we started out doing this and now we have
gotten to this point and now we are yelling wait. If we had a concern we should have
been yelling wait on Phase 1. Councilmembers Walker and Watford interjected they did.
The other thing that I have a concern about, who are we suppose to ask questions to if
they are not here. We do have two councilmen that have concerns and this bothers me.
l think they have a right to ask questions and get answers.
Councilmember Walker clarified for Administrator Drago, they were not questioning the
construction cost, we are questioning what it is going to cost just to finally get it to
construction. And then every off -site that we pump water to has to be studied and
engineered.
166
August 17, 1993 - Regular Meeting - Page 16 of 22
AGENDA
COUNCIL ACTION/DISCUSSION
Y J
NJI
A
F. NEW BUSINESS
7. Knepper & Willard Agreement continued:
8. Motion to approve a partial pay request to Butler
Construction in the amount of $140,412.51 - City
Administrator (Exhibit 5).
Councilmember Walker stated, we are talking about another Phase with maybe one or
two or three more phases added on down the line and if we could not ask questions
about it, I could certainly not vote to spend roughly a half a million dollars without having
to see how many more half a million dollars we are going to have to come up with.
Mayor Kirk then commented his concern is, Councilman Walker, you have experience in
this field, and I feel like at this point you are challenging their numbers and l think they
need to come here and defend them.
Councilmember O'Connor made a motion to table due to the fact that we are in gridlock
seconded by Councilmember Walker.
K/RK
ENTRY
O'CONNOR
WALKER
WATFORD
MOTION CARRIED.
Councilmember Watford moved that we approve a partial pay request to Butler
Construction in the amount of one hundred forty thousand, four hundred twelve dollars
and fifty-one cents ($140,412.51), and that is partial pay request number two (for the
ground water treatment plant); seconded by Councilmember Walker.
Councilmember Watford stated, this is basically if I am reading this correctly, for the
mobilization and some ground work. Are they to the point of actually building anything
yet?
Administrator Drago answered, l think some more fill has to be added to the site and
packed and then l think they will begin to start putting some of those foundations on.
X
X
X
X
X
August 17, 1993 - Regular Meeting - Page 17 of 22
.............
::::;{{
AGENDA
COUNCIL ACTION/DISCUSSION
Y
N
A
F. NEW BUSINESS
8. Butler Construction pay request continued:
Vote on motion to approve pay request is as follows:
KIRK
X
ENTRY
X
O'CONNOR
X
WALKER
X
WATFORD
X
MOTION CARRIED.
9. Motion to approve a partial pay requested to P. &
Councilmember Watford moved to approve a partial pay request to P&C Construction in
C. Construction in the amount of $63,000.00 - City
the amount of socty--three thousand dollars ($63,000.00), that is pay request number one
Administrator (Exhibit 6).
(for the 18" Force Main Value); seconded by Councilmember Walker.
Councilmember Entry asked how much more did they lack on this (force main values)?
Administrator Drago answered the project is complete, there is just a little restoration
work and the final pay request may be given to you at the next meeting.
KIRK
X
ENTRY
X
O'CONNOR
X
WALKER
X
WATFORD
X
MOTION CARRIED.
10. Motion to approve an Interlocal Agreement
Councilmember O'Connor moved to approve an Interlocal Agreement between the City
between the City and County for the Shared
and County for the shared proceeds of the Ninth -Cent Gas Tax; seconded by
Proceeds of the Ninth -Cent Gas Tax - City
Councilmember Walker.
Administrator (Exhibit 7).
Councilmember Watford asked if this was the same percentage we use on the other and
is this the one that is set on road procedures?
167
168
- Page 18 of 22
Meeting P €>f<<<
August 17, 1993 - Regular M g g ...
AGENDA
COUNCIL ACTION/DISCUSSION
[Yj
N._
A
F. NEW BUSINESS
10. Interlocal Agreement continued:
Administrator Drago responded, this percentage is the same as the local option gas tax.
Vote on motion to approve the interlocal agreement is as follows:
KIRK
X
X
ENTRY
X
O'CONNOR
X
WALKER
X
WATFORD
MOTION CARRIED.
11. Motion to approve a Development Agreement
Attorney Conely, representing the developers addressed the Council stating he and
Administrator Drago had been working on this agreement and he thought it was in final
between the City and John W. and Bonnie S.
form. An additional comment, he and Mr. Thomas are talking about some changes to be
Thomas - City Administrator (Exhibit 8).
made on the restrictions part in the attachment, adding driveways being paved, things
like that, but I do not think you get involved with that. Any changes that we make will not
involve the basic agenda to the way we have it structured.
Administrator Drago commented, you just have to make sure the home owners
restrictions do not contradict the minimum standards the City has for driveway widths,
culverts and that kind of stuff.
Attorney Cook stated the terms and conditions as far as what the City will require of the
developer was developed with Administrator Drago and the Department Heads and l am
told that they are in agreement on the specifications and requirements they want in this
agreement. The agreement itself is legally sufficient. So, if they are happy with the
terms, i am too.
Councilmember O'Connor made a motion that we accept the developers agreement
between the City and John W. and Bonnie S. Thomas; seconded by Councilmember
Walker.
Councilmember Watford asked if this is a normal thing for certain size developments or
certain size parcels, why did this come before us?
August 17, 1993 -Regular Meeting -Page 19 of 22{{
;:
AGENDA
COUNCIL ACTION/DISCUSSION
Y
N
A
F. NEW BUSINESS
11. Development Agreement continued.
Administrator Drago answered because the present subdivision ordinance that you have,
this size development falls within that subdivision ordinance. Later on that can be
changed so that smaller developments do not have to go through this process even
though they have to follow the rules and regulations and then the Council gets to see the
bigger ones. This is only l believe six lots. The definition is the subdivision ordinance
says three lots or more.
Councilmember Watford asked, did we require or was this the owners decision about a
home owners association?
Administrator Drago responded, I believe that is the normal way to restrict the use of the
property and control it, especially in developments.
Attorney Conely also interjected it is also for enforcement of the restrictions and it also
gives an entity to hold title to easements that serve the purpose of the lot owner.
Councilmember Watford then asked, on page five, paragraph ten, I am curious what that
is for? Administrator Drago answered that covers everything that is in paragraph nine.
To relocate and install a new fire hydrant and do some looping. In other words we are
taking a closer look at this system as developers come in, you just do not want lines run
any old way and we do not want the size of lines any old way, that is the problem with
the system, is in the past it did not have the chlorine residuals, pressures, fire protection
capabilities. So whenever we get an opportunity to loop lines and add some things to
the system and of course in keeping with the Comprehensive Plan, the City shares it's
cost because we have asked for this, the developer really did not have to do it. And of
course this is a cleaner mechanism because the developer puts it in and we reimburse
them and save time and money on the City's part than to have to bid it and advertise it
and those kinds of things.
Councilmember Watford, that was my next question, I thought the developer was
responsible for paying for those six inch lines.
169
.10 .. ............ .............
......... . - ............
August 17 1993 - Regular Meeting - Page 20 of 22
AGENDA
COUNCIL ACTION/DISCUSSION
Y
N
A
F. NEW BUSINESS
11. Development Agreement continued.
Administrator Drago interjected, the developer is to pay for the line size that the City is
requiring. If you look in paragraph eight it tells you that the owner has to design and
construct a six-inch water line, water distribution system that conforms with City
specifications and deed it to us. They pay for it. We asked for something additional,
over and beyond that and we say that we are willing to pay our fair share because that
helps the people in the rest of that area and that will improve the water system in that
area.
Councilmember Watford asked, and this is a better way to do it rather than us doing it,
and a cheaper way? Administrator Drago responded yes.
Vote on motion for developers agreement is as follows:
KIRK
X
ENTRY
X
O'CONNOR
X
WALKER
X
WATFORD
X
MOTION CARRIED.
12. Motion to approve the expenditure of $10,920.00
Council asked what the shots were that they were being asked to approve. Chief Tomey
for HBV Shots - Chief Tomey (Exhibit 9).
explained it is a vaccination against Hepatitis B. The State requires us now to give all
our personnel that is involved in different areas of our employment to give this
vaccination. It is a series of three shots, it takes approximately a month and a half to two
months to get the shots. l have shopped around, this $10,920.00 is the cheapest I can
get the shots.
The shots are for fireman, police, public works and public utilities, any job in the City
which could come in contact with any type of body fluid. This is for all the City
employees that would be involved.
August 17, 1993 - Regular Meeting - Page 21 of 22
AGENDA COUNCIL ACTION/DISCUSSION =LY N A
F. NEW BUSINESS
Councilmember O'Connor made a motion to approve the expenditure of ten thousand,
12. HBV Shots continued:
nine hundred twenty dollars ($10,920.00) for HBV Shots; seconded by Councilmember
Entry.
KIRK
X
ENTRY
X
O'CONNOR
X
WALKER
X
WATFORD
X
MOTION CARRIED.
Item added to the agenda: 13. Motion to approve a Councilmember Walker made a motion to approve a partial pay request for twenty-four
partial may request to Better Roads in the amount of thousand, nine hundred thirty dollars and forty cents ($24,930.40) for Better Roads;
$24,930.40 (Exhibit 10). seconded by Councilmember Entry.
KIRK
X
ENTRY
X
O'CONNOR
X
WALKER
X
WATFORD
X
MOTION CARRIED.
171
1 -7 n
f
_ - e 22 of 22
August 17, 1993 Regular Meeting g
AGENDA
COUNCIL ACTION/DISCUSSION
Y ILN
LA]
ADJOURNMENT
There being no further items on the agenda, Mayor Kirk adjourned the meeting at 8:24
Mayor Kirk.
p.m.
NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE
TO APPEAL ANY DECISION MADE AT THIS MEETING OF THE CITY
COUNCIL, SUCH PERSON WILL NEED TO INSURE THAT A
VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
;Ja
E. Kirk, MAYOR
ATTEST
Bonnie S. Thomas, CMC, CITY CLERK
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WHEREAS, it is the responsibility of Florida State and local heal
and protect our residents; and
WHEREAS, Acquired Immunodeficiency Syndrome (AIDS) conch
being; and
WHEREAS, over 31,000 Floridians have already been diagnosed v
likely to be infected with the virus; and
WHEREAS, an additional 8,000 Floridians are estimated by the
to be diagnosed with AIDS by the end of this year, 1993; and
WHEREAS, Floridians of all ages, races, religions and sexual or
WHEREAS, with sufficient AIDS education and adherence to b
disease from this point on; and
r A0 - /N/_
to take action to prevent disease, promote health
to pose a major threat to our health and economic well -
AIDS, over 65% have already died and 240,000 more are
Department of Health and Rehabilitative Services
may be among these cases; and
prevention guidelines, no Floridian must contact this
WHEREAS, the organization that services Okeechobee County is t e Treasure Coast Community AIDS Network (TCCAN)
and they provide quality service for people infected with HIV and I dedicated to stopping the transmission of HIV disease.
TCCAN provides direct services, education and advocacy for men omen and children living with HIV disease; and
WHEREAS, TCCAN has been designated by the HRS District XV
efforts for all four counties in our District. TCCAN delivers
appropriate specialized medical services; and
WHEREAS, TCCAN is conducting a major fundraiser, entitled
will be held October 23rd and 24th, 1993 at Okee-tantie Park,
NOW, THEREFORE, BE IT RESOLVED that I, James E. Kirk,
of October 17th - October 24th,1993 as "RED RIBBON AWAli
citizen participate in observances and activities designed to in,
prevented.
mans" ar"
%,sad and am -,ad
'�4.wft'C XJ
; Consortia as the provider of all case management
linking available community support services to
FOR THE FIGHT H". This bass fishing tournament
obee, Florida; and
r of the City of Okeechobee, do hereby Proclaim the week
S WEEK" in the City of Okeechobee, and ask that every
awareness of the prevention of AIDS and how it can be
Lava LMM"do sst my
aratEo&a
oKEA.rCyom
CITY OF OK ECHOBEE
\�OR10p
TO: John Drago C. A.
THRU:
THR.U:
FROM: Jim Threewits P.C.!.
Please find attached a new taxi cab driver
reviewed and approved by the appropriate
been paid as well. ( See the back of the ar
The only thing that remains is for the City
disapprove this application. This permit will
The taxi company is currently properly lic i
no current problems or concerns.
If you have any questions or concerns as i
hesitate to contact me.
DATE: 8-5-93
SUBJECT: Taxi cab driver permit
pplication. This application has been
people. And all associated fees have
?lication )
Council to review and approve or to
still expire on the September 30, 1993.
sed, and to our knowledge, there are
pertains to this request, please do not
•
•
CITY O
from - / a
r)/o 4CIO/
_3co
$ I
KEECHOBEE, FLORIDA. N 2 1846
. V 19
100
Dollars
DRIVER'S PERMIT
1. Applicant's Name: Richard Wavne
2. Name of the company applicant w
3. Applicant's Address: 3960 NW 18
4. Years at this address: 611)Volie,
5. List address and dates for the
6. Date of Birth:
7. Driver License NO:S520-
8. Attached is a copy of applicant
9. Attached is a copy of Applicant'
years) Yes X No
10.No taxicab driver's permit shal
the age of eighteen (18) years.
person who has, prior to the da
Permit, been convicted, pleaded
being charged with any one of t
A. Operating a motor vehicle
of intoxicating liquor.
B. Illegal possession for pur
intoxicating liquor.
C. Illegal sale of intoxicati
controlled substances.
D. Illegal transportation of
drugs or controlled substa
E. Transporting persons for ii
F. Any crime involving moral
opinion of the city counci
unfit to operate a motor v
of persons for hire.
OR TAXICABS
;chenck
1 drive for:
S
A-1 Taxi &.All Co.4ii
Corp.
i Street Okeechobee
elephone No: 813-467-2312
evi ous ( 5 ) years.
-0 SS#:139-32-8736
fingerprints: Yes No
physical (within the last (2)
be issued to any person under
L permit may be refused to any
of the application for such
uilty or foreited bond upon
following offenses:
r purposes of sale
e of sale of
liquor, drugs or
toxicating liquor,
es.
oral purposes. _
rpitude which, in the
renders such person
icle for the transportation
The above statements are true ani arcuate to the best of my
knowledge. I hereby grant the City of Okeechobee permission to
investigate all statements and any other items they so desire, as
it relates to me obtaining this permit.
Applicant's Si
iature
)3
1 Date
FINANCE DEPARTMENT
An 'nvestigation fee of Three ($3 0) dollar have been received:
Co 3
F' anc Signature Date
POLICE DEPARTMENT
After in t* ation of this, thePolice Department recommends
Approval_Disapproval of the above drivers permit. If
disapproved, explain why:
Poli Signatur
-----------------------------
GENERAL SE
City Council approved this drivers
until September 30, , or until
This drivers permit is approved
General Services Signature
Date
------------------------------
r I CES
srmit on �lg
voked whichever comes first.
disapproved
Date
a
. PHYSIC EXAMINATI
Name: R���rt� W_e- rJ `c.c3,•_.J1r_
)N OF D%VERS
Address: 3 9 6 0 /%) W \
S`ill._ C a V0
Social Security No.: J 23`3-'3 -:1," ir 7 6
Heigh ' Ft. 3
'3 6
In.
Weight lbs.
HEALTH HIS7
Yes No
O Head or spinal injuries.
Yes No
O Cill"' Syphilis.
O Seizures, fits, convulsions,
or fainting.
O 13'� Gonorrhea
B_ ❑ Diabetes.
O 0-_ Extensive confinement by illness
. ❑ O'- Gastrointes
or injury.
O C'J� Cardiovascular disease.
�Tvberculosis.
❑ 17" Nervous sic
O 9" Rheumatic
❑
O i� 1sthma.
If answer to any of the above is yes, explain:
PA-C1 •tiJT C! s 4
PHYSICAL EXAMI
GENERAL APPEARANCE AND DEVELOPMENT: Good: -- ✓
VISION: For distance: Right 20/ z,D left 20/_2Lb2_ Both 20/ 1
Evidence of disease or injury: Right: �D�',
Color Test: ��DKM�. Horizontal field of
HEARING: Right ear /1L) ORPd- Left ear Af a t1 /VM /s-i
AUDIOMETRIC TEST (complete only if audiometer is used to test hearing) do
of 1,000 Hz at 2.000 Hz
THROAT zy� .2,"/�s-L_
THORAX: Heart of/o lJyh/3-k_ if
Blood pressure: Systolic - A
Pulse: Before exer�ctf a �� Immediately after excercise
ABDOMEN: Score. N R N Abnormal mosses �o���11'
///✓�-?
Hernia: Yes No ✓ If so, where? "_ V4_
GASTROINTESTINAL: Ulceration or other disease: Yes
GENITO-URINARY: Scors ,/y0 y/=e Urethrraallddiscchc
REFLEXES: Romberg Pupillary
Accommodation Right D A/t'1 R-L
Knee Jerks: Right: Normal Increased _
Left: Normal Increased _
Remarks:
EXTREMITIES: Upper lelvK Lower ,xl�1
LABORATORY AND OTHER SPECIAL FINDINGS: Urine: Spec. Gr.
Other laboratory data (serology, etc)
Radiological data Ele
CONTWLED SUBSTANCES TESTING:
Controlled substances test performed—
Ql_n accordance with subpart H ❑ Not in accordance with subpart H
❑ Controlled substances test NOT performed
GgWR41. COMMENTS
4! 4 3 -1.-o v N rf rtfto ►►i-/�y-� ��< P r ,
(Date of examination) (Address of examining doctor) f: l
❑ CHECK HERE IF NOT QUALIFIED 3 v 1
NOTE: This section to be completed only when visual lest is conducted by a licei
c�
(Date of examination) (Address of examiner)
DICAL EXAM
I certify that 1 have examined
(Driver's name) (Print)
(49 CFR 391.41.391.49) and with knowledge of his/her duties, I lind him/her
O Qualified only when wearing corrective lenses. ❑ Medi
0 Qualified only when wearing a hearing aid. ❑ Medi
A completed examination form for this person is on file in my office at lie
- L-ANG 'b.
111-Floct9 l (Print)
aScele.�ee >rAOXIA-A 34-Y"71.
e of Birth: sf��0 Age:74k
fYNew Certification
)RY O Recertification
4j�%Illl,
Yes No
❑ O� Kidney disease.
O f -'Muscular disease.
❑ &_ Suffering from any other disease.
of ulcer. O PJ*- Permanent defect from illness,
sch. disease or injury.
er. O Hl Psychiatric disorder.
O ,,,Psychiatric
other nervous disorder.
IATION
FW: Poor:
Without corrective lenses ❑ With corrective lenses if worn
Left: A.%OI✓'f
n Right 1'70 ° Left / 70 °
)iseose or injury A-)O Al -e �
loss at 500 Hz
sic disease is present, is it fully compensated?
Diastolic _�J=
lungs
nderness roAl4!
It truss worn? -- Ala
No
a
azil! Light R :Ila A u4._t
Left
Absent
Absent
!7 Spine
,,��
O in Alb. �7%Sueyar
ndiagraph
---_N��
(Name of mining doct (P0l)-
Signature of examining oclor
optometrist or ophthalmologist.
(Name of examiner) (Print)
(Signature of examiner)
! TIFICA TE
snce with the Federal Motor Carrier Safety Regulations
under the regulations.
olified unless accompanied by a waiver
olified unless driving within an exempt intracity (one
4.2Rv7f A., (^ • _.0 7Z
dress)
(Sfo re of examinina doctor
#!+On.gM INS A NMnNr4 t, r 1, rrttE4 4 ASSWAtrS, th-...,h wh,n..ww SATS7 03"
of Q 7 2_
2e
trr. 2/9M
BA
Illllllllllllh�. _ �At-
E.
SUBSTANCE ABUSE DIVISION
A DIVISION OF NATIONAL HEALTI LABORATORIES INCORPORATED
00 Donelson Pike •Suite A-15 NashviIIe, Tennessee 37217
EMPLOYER/CLIENT ACCT. NO. MEDICAL REVIEW
O FICER:
st3O6562CUU TY I�IJMBE ff'4
tr! t. "r?thlcf)i E t1z. ?Qs4.li ;^i1Ctl�tti (`:epF
REASON FOR TESTING:
:' 1+.`:+ -r `• .. J' "_ gVFr1,Iej0V Fl. ' )9?T
1. ❑ Pre -Employment 4.0 Periodic Medical
2. ❑ Random 5. ❑ Reasonable Cause
3. ❑ Post -Accident 6. ❑ Other (Specify)
Indicate which drugs !pecfinen Is to be tested for.
❑ THC + Cocaine ❑ THC, Cocaine, PCP, Opiates and Am hetamines ❑ Other
See )nsiIngdo r gilisle for a ff msn mycedurs.
• 2 TO BE COMPLETEDBY COLLECTOR
I have read the temperature of the specimen
f )
within 4 minutes R Yes ElNo
Temperature is within the range of
Nafhe (PRIN dle Int. P one
-.
.,TZ
- jj
32.5 - 37.70C . 90.5 - 99.8°F. i�] Yes ❑ No
ec31on Bite (F i N m collection Date
,r` ) A-'— 4. I ., 1 , � yr� % �
If not, record actual
g Ilection temperature here
T— Remarks Concerns
Vi �` :FADE �f3�lUT10NS PROFi1BITDISCLOSURE OFT
,DONOR^$ IDENTITY TO1�I BO TORY;
1 have reviewed the laboratory results for the specimen identiff d by this form In ccordance w lished HHS guidelines. My final determination/
verification is:
(check one): Negative ❑ Positive
Si a of iJle cal R view Officer Date
Nam e�G�E-N Ok gNc0 w) \.4
(PRINT) Laeb Flrot, MtM* Mt. Daytime Phwe Me.
1 certify I provided my urine specimen to the collector, and that specimen is In
on this form. The bottle was sealed with a tamper -proof seal in my presence, and the
tests for the specimen identified by this form be confirmed positive, the Medical RE
medications you may have taken. Therefore. you may want to make a list of those me
to make a list. do so either on a separate piece of pope�ZtKhobk or your copy (P
OF THE FORM. TAKE YOUR COPY WITH YOU. (
>) Z Date of Birth
shipping bottle marked with the same specimen identification numbs
flcatlon label was affixed to the bottle. Should the results of the Iaborstor
Officer will contact you to ask about Prescriptions and over-the-counte
Ions as a "memory, jogger." THIS LISTS NOT NECESSARY. if you choos
5 onor) of this fop — OO NOT LIST ON THE BACK OF ANY OTHER COF
C C�
e of Donor Date `
WERE MOSEM MHORM,
ME
DO NOT SEND THIS COPY TO LAE
PIN �
•
•
MORIDA M
—The Sunshine State
HUD V SCHENCK
m v o*m W. ah1 o Aq.eron r.e..N.MI.
12-01-40 M 6-03
K....,.,..... 02- -1993
6520-759-40-441-0.�.12-0 -1999
CLASS: E X_
F
APPLICANT
LEAVE BLANK
TYPE OR PRI
LAST NAME NAM
III ALL INFORMATION IN BLACK
FIRST NAME MIDDLE NAME
O
R pr FL04 Ili00
r`'1CC
I�F.'EEI�:Hf�E�E�� FL
FeI ®L VE BLANK
IRR»1�i7
DATE OF BIRTH
Month D"
SI TURf Of PERSO FIN,G,ERIPRINT D
�"A6'V_"Z"L
ALIASES AK
RESIDENCE OF PERSON FINGERPRINTED
CITIZENSHIP
UX I Ma
I ML, I WGT.
I a=U "AIR
PLACE OF BIRTH Mg
EMPLOYER AND ADDRESS
ARMED FORCES NO. CLASS
SOCIAL SECURITY NO.
REF.
1 7. Ci1NDEX - B. 9. L.pp
i
06
LEFT FOUR FINGERS TAKEN SIMULTANEOUSLY L. THUMB R. THUMB RIGHT FOUR FINGERS TAKEN SIMUL
A-1 TAXI AND ALL OUNTY TAXI --
P.O. Box 1 2
Okeechobee, Flo i a 34973
(813) 763-8393 63-8316
Mayor Kirk
City Council
55 SE 3RD AVENUE
OKEECHOBEE FLA
July 27,1993
RE: Illegal Taxi Operation In Okeechobee
To Whom it may concern:
There are unmarked vehicles operating as taxi's in Okeechobee
City and County. Some are operated b3 migrant workers who are
charging 2-3 times more than A-1 Taxi charges. There are also
"Gypsies" operating taxi's and transpciting insurance patients.
Annett buses and vans have been illegally operating for over 2
years in Okeechobee. This must stop.
I am required to have insurance
fingerprinted and physicals taken,pic
standards set, and for these illegal -
and having.no kind of certification,l
doctor visits, is not fair to A-1 Tax
and money on my business to get it to
operations to come into town and unde
&*ale A�Fow
Charj3s t Straight,
rresi en
A-1 Taxi & All County Taxi Corp
all vehicles, have all drivers
res taken, permits, and certain
erators running through town
ense to transport patients to
I have spend a lot of time
here I am now, and for illegal
ut me is not fair.
..6
°f °KFtc�o i
C1 ' a.. ;
U-M-'-s? City of Okeechol
-:0-v ,1
P/
55 S.E. Third Avenue • Okeechobee, o 'da 34974-29329813/763-3372
July 30, 1993
HAND DELIVERED
Ms. Jo Eide
606 Southeast 4th Street
Okeechobee, Florida 34974
Dear Ms. Eide:
I'm in receipt of your letter dated July
Grievance Committee's decision to the City G
The City Council will hear your appeal c
JJD/res
1993, requesting an appeal of the
r.
17, 1993, starting at 7.00 pm.
•
•
7� ti nGi3
n
JILL HANSON*
ANN H. PERRY
BONNI SPATARA JENSEN
•
HANSON, PERRY
105 SOUTH NAR
SUITE 511
WEST PALM BEACH. FI
.O+ 13
.•
ENSEN, P.A.
US
IDA 33401
July 23, 1PP3
ALSO LICENSED IN N.V.
VIA FACSIMILE AND FIRST CLASS MAIL
John J. Drago, City Manager
City of Okeechobee
55 S.E. Third Avenue
Okeechobee, Florida 34974-2932
(813)763-1686
Re: Jo Eid
Appeal
File N
Dear Mr. Drago:
3f Termination
155.2
11
(407) 855-58
FAX 1407) 855-5920
Pursuant to the City Policy, officer Eide hereby appeals the
decision of the grievance committee to uphold the determination of
Chief Mobley to terminate her employment with the City of
Okeechobee.
Please contact me as soon as po s
ible with the procedure for
appeal. Additionally, please conte t this office to arrange a
mutually convenient time to conduct a appeal hearing.
If you have any questions on
hesitate to contact me.
Sincerely,
b-N-i t�
Bonni S. J
MISC.CORR
Copy to: Jo Eide
John Cook, Esquire
his matter, please do not
Coil
CI
Ill,�f O�EtC�O Z
Cityof Oke
55 S.E. Third Avenue •
July
HAND DELIVERED
Ms. Jo Eide
606 Southeast 4th Street
Okeechobee, Florida 34974
Dear Ms. Eide:
On July 17, 1993 the City's Grieve
Attached is a copy of their letter with their r
July 13th proceedings; I listened to all the
I found no reason to modify the recomme
I will need to know if you wish to
to the City Council on July 29, 1993.
JJD/res
34974-2932 9813/763-3372
1993
nmittee met to hear your grievance.
indation. As a silent participant at the
e and facts presented by both sides.
of the Grievance Committee.
decision of the Grievance Committee
City of Okeecho pe �/
55 S.E. Third Avenue 9 Okeechobee,
July 15, 1993
Mayor Jim Kirk
55 SE 3rd Avenue
Okeechobee, Florida 34974
Re: Grievance for Jo Eide
Dear Mr. Kirk:
34974-29329813/763-3372
This letter is sent to inform y of the recommendation of the
decision made by the Grievance Co tee on July 13th, 1993.
After much discussion, a major' y of the committee, voted to
uphold the termination of Jo Eide, with the addition of this person
being seriously considered for re-e loyment upon documentation of
a full recovery from her physician aid a physician referred to by
the City of Okeechobee.
Sincerely,
,)
William Douglas
Chairman, Greivance Committee
cc: Jo Eide
John Drago, City Administrator
Larry Mobley, Police Chief
John Cook, City Attorney
Bonni Spatara Jensen, Attorney
Bonnie Thomas, City Clerk
•
Knepper& Willard, inc.
Civil . Environmental Engineers
August 3, 1993
Mr. John J. Drago
City Administrator
City of Okeechobee
55 S.E. Third Avenue
Okeechobee, FL 34974-2932
RE: Professional Engineering Services
Expansion of the City of Okeechobee's
WWTP and Effluent Reuse System - Phase III
K & W Project No. 7211.93
Dear Mr. Drago:
Based upon City Council review of the Phase II Report
program at its Meeting of June 15,1993, coupled with the
(hereinafter referred to as "Agreement") with our firm fog
submit this Supplemental Amendment to our "Agreement
Phase III of the above referenced project. Our services win
plans/specifications and construction permitting, as set A
by Attachment No. 1 hereto.
The compensation to Knepper & Willard, Inc. for this
in Attachment No.1, shall be the lump sum fee of $238,
rates outlined in Exhibit C to the "Agreement". In ad
electrical, instrumentation, geotechnical and HVAC eng
; n Attachment No.1. The cost of these subcontractors s
as for additional work, changes in the scope of services,
require your prior authorization.
Upon completion of this phase, we expect to meet
construction of the facilities and develop a scope of v
advertisement and award, construction monitoring, g,
sites and construction contract(s) closeout.
The work scope shown herein is based on the understandi
reuse system is to be expanded to 1.3 MGD annual avera
daily flow) from the stated existing capacity of 0.6 MGD
are to be provided to meet Class I reliability for effluent re
be needed. It is necessary that you advise us in writing at
the program's Total Project Cost or Construction Cost. W
cannot guarantee our opinions of probable cost, as outlin
its authorization to proceed with the Phase III
mils previous execution of a Letter Agreement
> project on October 15,1991, we are pleased to
providing professional engineering services for
isist of final design, preparation of construction
in the original "Agreement" and supplemented
Design Phase, for the scope of services outlined
vhich has been computed in accordance with the
i, subcontractors will be required for structural,
ng, as well as surveying services, also as outlined
e $176,300. Any amounts above these fees, such
anges made to the design during this phase, will
you and/or the City Council to plan for the
it the next portion of this project, including bid
eater monitoring plan implementation for reuse
that the facility's treatment capacity and effluent
daily flow (2.0 MGD maximum month average
usual average daily flow). New treatment units
with the capability of future expansion as may
early date if you have budgetary limitations for
0 attempt to work within those limitations, but
in the "Agreement".
We will invoice monthly for our services and reimbursable 4 xPenses, including subconsultant fees, as outlined
in Exhibit C to the "Agreement" and in Attachment No.hereto. We would expect to start our services
promptly after receipt of your acceptance of this proposal uid to complete our services for the Final Design
Phase within approximately 8 months. T"ne time peric d for the performance of our services for the
3030 N. Rocky Point Drive West Hillsborough (813) 281-0120
Suite 570 Pinellas (813) 821-3291
Tampa, Ronda 33607-5905 FAX (813) 281-1156
Mr. John J. Drago
August 3,1993
Page 2
construction phase of the project will depend upon the
project and the construction contract time allowed for
Services are to be rendered in the customary phases
to our relationship with the City Council, are set f
hereto, and made a part of this proposal. This prc
along with Attachment No. 1, represent the entire i
firm in respect to the Project and only may be mod
satisfactorily sets forth your understanding of our ag
copy of this letter in the space provided below and
1, which will serve as our notice to proceed. This pu
from the date of its submittal, unless extended by k
irertisement period set by the City for bidding the
contractor(s) to complete the work
together with general understandings applicable
i the "Agreement", along with Attachment No. 1
including the original "Agreement" by reference,
tanding between the City of Okeechobee and our
1 writing signed by both parties. If this proposal
nt, we would appreciate your signing the enclosed
ing it to us, along with a copy of Attachment No.
will be open for acceptance for a period of 00 days
r & Willard, Inc. in writing.
We appreciate this opportunity to be of further service to tl ke City, and look forward to working with you and
your staff on this project. Should you have any questio , need further information, or would like to discuss
this proposal in further detail, please feel free to call us.
Very truly yours,
KNEPPER & WILLARD, INC.
Daniel S. Willard, P.E.
President
TWK/DSW: ktg
Enclosure
CITY OF OKEECHOBEE, FLORIDA
Accepted By (Signature)
Typed Name & Title
Date
Approved 4� to Form and Legality:
City Attorney
Knepper& Willard, inc.
0 . 0 A. / 144b
ATTACHMENO.1 4i�
SCOPE OF
Phase
City of Oke
Wastewater Trt
and Effluent Reuse
The wastewater treatment plant expansion progrm
the present capacity of 0.6 MGD annual average
AADF [2.0 MGD maximum month average daily
will have to be increased accordingly in order to
its new design capacity. Consequently, the City w:
with reuse customers on a timely basis in order i
order to continue and expand effluent reuse capal
I reliability and other Florida Department of Er
associated with the reuse of treated wastewater
permit level site specific evaluations as to th
construction permitting can be completed.
In order to better define the expansion program,
preliminary engineering evaluation was perforr
alternatives considered, design criteria and opinion
program. The Phase II report was prepared in drat
for City review and comment in early February, 1�
with the City's evaluation of an alternative progm
Council authorized continuation of the program ou
use of the oxidation ditch type of extended aeratio
of the detailed design of the facilities, along wit]
FDEP construction, stormwater, SFWMD water m
applications, along with supporting sketches, drc-
submittal, will be prepared for transmittal to the a,
1 of 6
VICES
Plant
Expansion
iall be designed to reflect an increase from
y flow (AADF) to a capacity of 1.3 MGD
,v (MMADF)]. The effluent reuse capacity
:)w the expanded plant to be permitted for
eed to undertake and complete negotiations
to delay completion of project design. In
ies, the plant expansion will address Class
mmental Protection (FDEP) requirements
.went. Additional reuse sites will require
reuse potential before final design and
hiding possible acceptable reuse sites, a
that outlined proposed improvements,
probable cost, which was Phase H of this
m (dated February, 1993) and forwarded
After several months of review, coupled
esented by Bion Technologies, Inc., City
d in the Phase 11 report, consisting of the
)cess. Essentially, this phase will consist
istruction permitting efforts. Necessary
;ement, and City/County road use permit
gs and related information required for
ies by the City.
•
Based on the above background discussion, the foll
part of the project. Detailed construction drawing
the on -site plant expansion facilities and on -site,
negotiated reclaimed water use contracts. Five (5)
to the City, and during this phase, the City will b
corresponding with the documents at the 50%, 90%
shall be suitable for inviting competitive constructi
to permit construction by the contractor(s) selec
engineer's opinion of probable construction cost wi]
with similar work.
It is assumed that the existing treatment plant site
plant expansion without special permitting, fount
necessitate a significant deviation from the antic
services under this phase will depend on the spec
and reuse system to be built. Although many
dependent upon available funding and those in
negotiates contracts for reclaimed water use, the f
to be incorporated in the expansion program:
1. Headworks/Influent Structure - To
flow measurement facilities not no,
ing work program is anticipated during this
,id specifications will be prepared for both
=site reuse areas for which the City has
of completed documents will be furnished
rovided three (3) opportunities for review,
1 100% completion stages. The documents
bids for the project and in sufficient detail
Based on the final design concept, an
prepared, based upon previous experience
be found suitable for the planned treatment
a or other restrictive conditions that would
d plant expansion concept. The extent of
components of the ultimate plant expansion
erent alternatives are possible, which are
customers with whom the City actually
ring specific components are listed as those
grit removal, screening and influent
g at the plant.
2. Pre-treatment/Sludge Stabilization -To incorporate the existing plant tankage for
use as flow equalization and aerobic sludge digestion. No provision will be made
for septage handling/treatment facilities during this expansion, but may be
considered for future expansions.
3. Aeration Basins - To provide the of
activated sludge process for nitrific
denitrification and phosphorus remo
for crop, pasture or other similar i
increased treatment reliability and fie
process.
4. Clarifiers/Settling Tanks - To
reliability with one unit out of ser
75% of the design flow capacity.
5. Chlorination Facilities - To include
as an improved location and build
2 of 6
tion ditch type of the extended aeration,
in, along with the added capability for
when reclaimed water is not being used
ation purposes. Also provided will be
ility over the current contact stabilization
e settling characteristics and increase
providing each of two units with at least
al chlorine contact tankage as well
for receiving, storing and feeding
chlorine gas. This chemical b g also will house supplemental ch
phosphorus removal equipment. T� A�*
6. Filtration Facilities - To include be equivalent of two supplemental units for
greater reliability. The filters wil 3e located adjacent to the existing traveling
bridge filter and in close proximity to the chlorination building and chlorine
contact tanks.
7. Effluent Pump Station - This i
the existing irrigation system
customers.
8. Effluent Storage - To supplement
system. Considering the use of i
using the existing perimeter ditch
anticipated that further storage a
customers' property. Design will
storage for future water customers
effluent as now practiced.
9. Effluent Transmission - To prc
anticipated to be the only new
design will consider potential fi
customers.
10. On -site Effluent Reuse - To revise
to the use of linear infiltration ba
disposal study for the site as Scenai
to off -site areas first, with the rem
11. Off -site Effluent Reuse - To satis
disposal capacity. It is expected d
an additional 0.6 MGD of the exF
property, or on -site as may be ne
an indirect use, since water to be
perimeter ditch, which would all(
the on -site system to function as ir
indicate that both the on -site and 1
water, should Williamson Cattle
additional reclaimed water to be i
12. Equipment Building - To provide i
provide for minor equipment repair
renovation of the existing "opera
3 of
rill serve as a transfer station to complement
while having the ability to serve new reuse
sting storage as needed to serve the reuse
tration basins on -site and off -site, and by
part of the City's program of reuse, it is
be provided on off -site reclaimed water
.lude providing an area for future covered
a means of eliminating the need to refilter
service to the Hamrick property, which is
)mer for this expansion program. System
mpansion, looping and other possible reuse
method of application of reclaimed water
as described in the preliminary effluent
E/F. The intent would be to provide water
ler applied on -site.
: need for an additional 1.3 MGD effluent
Williamson Cattle Company may reserve
n with the remaining used on the Hamrick
ry. Use on the Hamrick property will be
ided to Hamrick would be taken from the
r water level control in the ditch to allow
d. Preliminary geotechnical investigations
ck property may be capable of using more
pany not commit to some or all of the
available with the expansion program.
the increase in mechanical equipment and
t maintenance, among other considerations,
s" building will be necessary, including
•
additional ventilation and
from the building.
13. New Operations/Administration
operator, records storage, trainin,
an electrical and instrumentation
of approximately 1600 - 1800 sq
14. Sludge Thickening - To provide th
sludge disposal, while facilitating b
a means of thickening/dewatering,
thickened, the intent is to apply the
reflecting the application of both re;
under a separate authorization and
permitting process for this project.
• P
easier removW/replacement of eq t
ing - To provide for an office for the chief
,ting room, laboratory space, restrooms and
rol room with a total estimated floor space
feet.
ability of reducing quantity and costs of
g on -site, screw presses will be used as
and/or after aerobic digestion. Once
tals on -site, and an agricultural use plan
and reclaimed water has been prepared
be submitted prior to the construction
15. Site Work - To provide paving, gi ' g, drainage, yard piping, plant pumping
station, etc. Consideration will be ven to providing for future expansion with
a minimum of disruption to the fad ties added under this project.
4 of 6
•
•
1. Supplemental data gathering/re
City and reuse customers reg
utility information for design;
information; etc.
Principal Engineer
Senior Engineer
Senior Engineering Tech.
Secretarial/Clerical
2. Final design/preparation of construc
of 100 plan sheets, and preparation
50%, 90% and 100% completion.
Principal Engineer
Senior Engineer
Engineer
Design Supervisor
Engineering Tech.
Secretarial/Clerical
3. Specification
Principal Engineer
Senior Engineer
Engineer
Sr. Engineering Tech.
Secretarial/Clerical
ite visits; coordination with subconsultants,
design of service connections, etc; obtain
;mental measurements to verify "as -built"
80 hrs. @ $85/hr.
120 hrs. @ $65/hr.
60 hrs. @ $45/hr.
40 hrs. @ $25/hr.
$ 18,300
i drawings based on an estimated maximum
opinions of probable construction costs @
240 hrs. @ $85/hr.
360 hrs. @ $65/hr.
240 hrs. @ $50/hr.
480 hrs. @ $50/hr.
,800 hrs. @ $35/hr.
120 hrs. @ $25/hr.
bid documents
40 hrs. @ $85/hr.
80 hrs. @ $65/hr.
120 hrs. @ $50/hr.
40 hrs. @ $45/hr.
40 hrs. @ $25/hr.
$ 145,800
$ 17,400
4. Prepare construction permit applica . ns, including supporting information and
sketches for City submittal to appropriate regulatory agencies for approval;
including FDEP WWTP and rec water construction permits, reclaimed
water feasibility analysis, SFWMD permitting, stormwater and road use
permits
Principal Engineer
Senior Engineer
Engineer
5 of 6
80 hrs. @ $85/hr.
80 hrs. @ $65/hr.
.00 hrs. @ $50/hr.
0
Senior Engineering Tech.
Engineering Tech.
Secretarial/Clerical
5. Assist City in review and devele
Sewer Regulations, Chapter 18.
review and revision of Section 1
order to develop an updated and r.
for better control of wastewater c
in contract negotiations with recl
Principal Engineer
Senior Engineer
Secretarial/Clerical
40 hrs. @ $45/hr.
80 hrs. @ $35/hr.
40 hrs. @ $25/hr.
P/'c Al� %
$ 22,600
nt of modifications to the existing Water &
ore particularly, the work would encompass
Discharge to Public Sewers Regulated, in
effective pre-treatment ordinance to provide
es to the City's system. Also assist City
d water customers, if requested.
80 hrs. @ $85/hr.
80 hrs. @ $65/hr.
24 hrs. @ $25/hr.
$ 12,600
6. Miscellaneous Expenses (reproduction,
travel, long distance telephone, five
()
copies of documents to City, etc.) @
10%+
Subtotal
$ 21,700
Knepper & W'diarInc.,
Total
Fees $ 238AOO
7. Subconsultant Services
Non -Basic Engineering Services
Surveying @ WWTP Site (GeoDa
ystems)
$4,500
Surveying @ Hamrick (Hoover &
.)
5,500
Geotechnical (Mortensen Engineerii
g Inc.)
Foundation Engineering
Site)
23,000
Permit Level Evaluation
Site)
11,900
Permit Level Evaluation
'ck)
21,000
S btotal
$ 65,900
Basic En Services
Structural Engineering (Watkins En ' eers) 49,400 ••
HVAC/Plumbing (McGinniss Eng., .) 4,700
Electrical/Instrumentation Engin
(Rafael Couret, P.E./J.H. Ham Eng., c.) P�btotal $ 110,400
Subconsultants, Toto �ees 176
6 of 6
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Okeechobee Groundwater Trea�
Invoice No.:
flon-pt-work
Value
i�ine—ml-Contractor Moblllz—etlon-----------'------------
----
Bonds, —Insumnce
9719
Submittals, - �nlneering
27035
Monthly
Record 'Drewinp vo—nihii-
.9!1!h!y
U&'W'Manuais . � .1
6714
4029
De )—blOzation
iU3-3'
_GC
ad%4~4 .1-8-1 '...
3615
me same trip as
Well Pumps kh
- vVyll mesas
30M
- We--11 Raw Water L—he
1549
- OnSite Piping_ TF
2068
- Fitters
775
- Transfer Sum p
—
1 516
- Chamir-al I Inns
620
H�lohn—tSer�vlce Pumps Fo—r.—----- ---
ps & WO-1 org
!Backwash-PU—mp a -M—otor 65
,Fjn--Zireen—sandFilters Tnc—l:-Vane—I 155
-in—d Electric Motor Operated_V—elves1033
---
Air Co—mpressor
fifEw—e-r 55
Z5il—orine 155
— �tem 155
Generator &'Appurtenances'-'—*---'----- 155
Ammonia giv—stem
Sulfuric AcidSystem' au
AVu—m Sistem
1155
155
10
Is, LA Hoist
.--3
jents
love rtpre,
_Note: the ib—oie-- i—he aC-:-s-E0-9t.-60—sj9
— —
155
i._
of start Up b je
y manufact rers� — includedin-
ps are
FLIiEe R !heir equipment and are listed
--
locations Eii3;WL
5'uiiii� Vibration Te'Stl--
-----
-- —
878
N—TEWO—RK-'
5;Fti Subcontractor 90-5 Fjjj8--tjFn
51—ent �rte- Grubb
51165
Above
2022
607
Plant Phase I
ius
Requests
. .... . _IRequggt
60
TO 0 27 035.00 27,035.011 0
9-7 - CO
3.5 2 , Lt324 . 12-D
16 074" 2 -3
8 322. 322.3
0
0 0
0 0 n
—F�0�—�� —n,
gj®
A
0
0
0
0
0
0
0
0
0
0
0
0--
0
0
0
0
3-1116576-0 I 5—,165-00
2-2 -0 —1 _Wf 4 Za-W
6U.7()
14-Jun-93 Peqe 1
GritvL
FIII
__- Testing_
_ Excay. D r Area Retention
- - _- _-
_- Const Berms On W. Property -_-
_ Line 8� E. Survey Line ------ --
___-__ Place T_ opsoil
52t39
82934
_608
4804
glgg
--_
100
70
80
85
70
-...�......v
5289.Op
58053.80
486.9p
4083.4p
4337. aU
-----
- _
-----
wava.vu
5289.00 `
1 6.70 5 0 . p
152.00 334.4 p
3843.20 240.2 p
-1239.20 30 .0 0
- --- -
_ 0
-
3512
-
-
_ Const No. Retention Area _--
--- Storm Dral�age-----------------
--"-
-- 23381
_
-- Zp
0
4672. �0
- -- --
----- - - - 4672.2 0
--- -
Road & Parkin Sub rade -
532
----- 0
0
------ _ Testing
0
- -----Road &Parkin Base
_
__--
-----__-. 0
_ -. -- 0
-- --- Testing
122
---
--------
-_ - --- "-
0
0
-
_
Road Parkin As halt -_----
----'-
8180
_ Engr. 8 Layout _ -
Grassing __-_-•
__
5289
-- 5747
_
_
eo
_--_--
4231.20
___
2644.50 1586.7 pp
-
-
rr....
0
n
We11 Field Clear 8 Grubb
6279
18g7
- 4132
_ 10370
80
80
- ----
-
5023.20
1469.60
- _ --p
0
Disposal of Above
_ Excavate Muck/Peat ----_- _"-- -
Access Rde_d. Subgra- _ _
-- -
__- Access Rd. Shelirock ---
----.---Testing-- ----
Finish Grade Shoulders --
- -----.___Grassing -----------
5023.20
1102.20
-
0
367.,p
- -0.
0
0
0
0
153
- 129
-153
----- 1095607
----
984
-�---1354
--
--
- --
-------
-
50
--
--- �
-0
-- 0
--
- --
- -
-
" -
--
0
492.00
--- `--0
_
-0
0
- - -- Engr. 8 Layout -------
---_---- Final Road Repair ------------ ---
492.m
-
- --
0
_
,Access Rd. Clear 8 Grubb
1743
Dis osal of Above
--- ----�- _-_
Excavate f u k/Peat
CubFilf Road- -_� =
Subgrade_- _-________-.___-_"_____
------- -----Testin�c---- -- -- ---
- Sheliro_ck _
_._ -----
-- -- - - Testing
Finish Grade Shoulders -
- ---- Grassing ._.. _ --_-
-Culvert Endwalls ---- --
- - - --- --
Engr. 8-ayout
Final Road Repair ----"_+-----------
------._...--- --
12th St. Im rvCiear, Grubb,
p .-- -
...._..__ .__- EartDemo hwork-----------------------
- -- Storm Drainage --- ---- - --
- ___ __
Sand Cement Endwall-----_--�-
- ------ - - -- - --- --- -_
Guardrail
Sub rade -------------
_ -- -- - -_. _ .. - ---- _
Testin _ --�- - -
Sheilrock _._ ._- ---
-"
821
_ 6849
100
_ 100_
100
100
- 80
1743.00
821.00
1743 . o0
821.00
0
0
6849-00
5599.00
19597._60
--- 68. s0
- --- -- 0
--- 2os . 50
-
6849.00
5599.00
14698.20
p
0
_4,899.,0
-- - p
0
0
5599
24497
274
- -
25
-68.5o
- - -
-
27703
--� 274
2190
-- 1�84
-------
-75
- -
- -
--205.
- -- p
p
---- --
_ 1989_00
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---- --- -
-----0
-- - - 0
--0
0
-0
-----
1105.00
------•-
_.0
-----
----
-_ 884.(D
--_.__-
0
2658
2210
---- 3200
-- ----
- 9011367
13506
5063
�----..
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---- - -
-
- -
----
----
0
0
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-
4428
-----
1601
198
-
0
-- ----
�-
-
0
0
0_
0
0
-- -- --
-- -- -_ Finish Grading - - ------ --
- _ . -- -
---- - -- - -Engr. 8 Layout _.. ------
-_- _ --
1484
- ---0
----- -0
-
0
-01
197
2429
-- 857
---• , �_
-
�
0
_
- 0
0
0
---
o
F
14-Jun-93 Page 2
•
•
Final Road Repalr -- "`"--
Site Subcontractor De-moblllzatlon --- ---" -`
Chain Link Fence ---- -----
AERATOR/TRANSFER _SUA
--- ----- --- .... --... _ - ---- 49-007
Backfill 8 Compact-----
-- -- - - ... --- ----- --- - - 16528
Form S.O. G. - _ - -- -- - 6052
S.O.G. Rebar _.-- ----------._------ -- I -'; A 7
Pour S. C. G. - -- -.- --
Form W_alis -
Reber In Walls - -- - - - - -- -- -
Pour Walls _-._-..-- -- - -- -- - - - --
Form Su-s�ended Slab '
Reber in Suspended Slab - --"----` - - -- -
Pour suspended Slab
H draulic Test` --
Test Transfer Pumps�PVing 8 Valves -
Aeretor - -
Aerator Piping & Valves (FRP)_--
Test Aerator, Pieing K Valves
Prep 8 Paint Sump --"---
Pre�aint PEIn� Valves & Pumps (all)
Aerator Mlsc. Metals - -
_CHEMICAL BUILDING
Excavate/Form/Pour Footings `._ ---`--
Plumbin Rou h In
CIVIL!-----------...9....._.
Form/PourrColumns/t3_e_a_m_ s/FIII_ed Cells ---
Form/Pour S.O. G. -- _-
Hollow Core Root Slabs - -`"-'-
Trusses - -- ---- ---- ---- - -
Deckin9/Fascia/Trlm - ^-- -- -- ----- -- -_._-- -
Roofing Dry In
Mop Down Membrane - - --- --
R
-- 13107
----16941
-_------ 6198
3099
-- --- 2941
- 516
5
_0
0
0
12396.0 0
100 6052.00
100 3357.0-0
_95 12451.6!i
40 6776.4 0
- 0
0
0
0
iuq
'J79 1. VO
__0
_ 12396.O6
_-. 6052.00
_3357.00
-- _ — 12451.69
___-- 6776_ 40
0
- - -- 0
---- -- 0
0
_ 0
0
- _0
0
0
- 0
_ 19476
-_ 1824
_-- 17044
- 8529
---
-
- 0
-- -
---
-
- 0-
--
00
----- 0
- _--
---- 0
_ 19249
- 8884
-- 3529
- ---
-
-
-` 0
0
-0
-` p
-- 0
_
0
0
0
- 6460
--- 362
-
- 0
0
ooling Tiles ---
- -- - - -`
Sheetmetai and FlasRngs
- 8704
- -744
Windows -- - _
FRP Doors/Frames - --- --- -� --
4814
--3154
Hollow Metal Doors/Frames---`---- "--
- -- _-
I-�aniware - --...- -- - - - _
- - - 2950
tucco
4761
Framin , D all end insu-latlon ' -- -" -
-_-nt _Z___ ._.. _-___
_ 4257
...--- .4 -
2582
._. _---_._--. _
Resiilenl Flooring -�' ---� -
----' 1446
Acoustical---563
Plumbing -Walls --- ----_
Plumbing Trim Out (Set Fixtures, inct emer shwr)
1824
- -1824
4ir Conditioning Unit --
-- 1824
Exhaust Fans --- - ---- - - _---
-
_ - - --- -----------------
ntertor Paint
4140
--99
_ _
- - - - ----.-..._.. __. _ _._...-- --
xterior Paint
514
- - �-----
16108
5tructurai%Misc Metals -- --- --- - --
t3108
-..- . _
mom
- - _ 0
--- -- - -- 0 --
--__
-_ 0
. -..
0
0
0
0
-_ - 0
L
C
14-Jun-93 Pege 3
•
•
fi
AND
I u rvc Fl 8 and
Test Iv PVC Pltm
I Filter Vessels
14-1un-93 Page 4
TANK
1
Elm
►��1ii��l���n
1
103:
206E
3311
x
•
Man
Blower & Pi in w/i Chemical
Blower Une at Flitens
ter Qual Testln
HIGH SERVICE PUMPS
PUMP
.TIC
SI
a
[YARD PIPING & V,
TMr —air,
and dish
In
•
•''I��rt/L]
Z1��—�-
.:
11i���l�lir�
MEN
Ear%
[Eli]
M■����
E1----
Eli
7�����
t•T4�J�-�
E�iJll��
0=�
0�
17MIME
MEMORIES
Em
Csl�
It,
M
14-Jun-93 Page 5
•
sr Force Main
Structure
'amps
NpingNalves
Water By Pass
r Water to Aerator Su
to Flftem
Filter EM to GST(24
Ito BW, On Site &
Gear
P-i"N
n•�C�7Bk - Well Sfte -
Bank - Well Site -
Bank - Weil Site -
Well Site 201 Lab
Well Slte 201 Mat
1415
441
1
1
pq
LJ
U
0
Con
IC
E
0
0
C
14-Jun-93 Page 6
L.r.Jl - Vrq(r oullulrl Mai
LPS - 2 MG Tank Lab 65
71
LPS - 9 RA" Ten4 AImf EEE17
a
M
Start U &Check Out Mal
Demobilitstion Lab
Demobiilzatlon Met
Generator, Fuel S stem, C
o set unit on-hookupon!y-hookup I
Generator, Fuel System, C
INSTRUMENTATION
Mat
Press Sw HUL.o (4 t
Press Sw HI/Lo 4 t
LIT 282 Lab
144un-93 Page 7
321
2102
1751
2102
1167
1576
1157
1033
1
47
1
1
1
1
4
13
1103
1284
657
1284
211
[7
v
E
W
0
0
'0
•0
0
0
0
M
n
IT 282 Mat
Pro Met Lab ---.--- ---- - - _ - ------
159
---31
--p---- -- - - - - -
Pro Meters Mat -------.._.._._.._.__..__..__...__..-.--
_-:.-�
Milltronics
1097
Milltronics Mat
._ _�
StartTliZheck Out Lab
Start pp t Checkt M Out
_ 387
-
TOTAL
.
2 65001
--- -- 0 ---- --- --- 0
-- --- --- - - 0 --- - - - --- ---
-- 0
-.- ------- --.._.... 0
_
2449�7.2j----- - - -- ---
222640.4 12230�. 7
14-Jun-93 Page 8
•
Knepper&Willard, inc.
Civil . Environmental Engineers
July 16, 1993
John J. Drago
City Administrator
City of Okeechobee
55 S.E. Third Avenue
Okeechobee, FL 34974-2934
Re: Okeechobee Force Main Valve Installations
K&W Proj. No. 7209.91
Dear Mr. Drago:
Enclosed are four (4) copies of Application for P
referenced project. We have reviewed this pay
completed to date. Therefore we recommend pa;
as indicated.
We have determined that the project is substantially
be recommended upon successful completion of
requirements.
If you have any questions, please contact us.
Very truly yours,
zKNEPP R & WILLARD, INC.
Daniel S. Willard, P.E.
cc: P & C Construction, Inc.
7209-08.dsw
3030 N. Rocky Point Drive West
Suite 570
Tampa, Florida 33607-5905
1 No. 1 from P & C Construction, Inc. for the
st and find that it fairly represents the work
to the contractor, in the amount of $63,000.00,
lete as of July 14,1993. Final payment will
punch list and other project close out
Hillsborough (813) 281-0120
Pinellas (813) 821-3291
FAX (813) 281-1156
«t.l
21��'
E
7
APPLICATION FOlt PAY
7b The City of Okeechobee, Florida
Contract for Valve Installations on ex
OWNER'sContract No. PU-01-00-01-93 Ei'
I -or Work accomplished tinrough the tlate of July
ITE-NI
#1 - Site One
#2 - Site Two
'total
(Orig. Contract)
C.O. No. I
C.O. No. 2
CONTRACTOICs S,
Unit I'ricc Qurult
'135, 000.0) 1L
35,000.0 1L
Accompanying Docuntcalaliun:
CON'rRAC'11OR'S Ccrlifrcation:
1' NO. 1
Ling 18 inch Force Ma
INL'ER's Project No.
, 1993
we or values
I Arttuttnt
$ 35,000.( 0
35,000.(0
$ 70, 000.(110
in
Work Comple(ctl
Quanlily Amount
1 $35, 000. )0
1 35,000. PO
GROSS -1 UN'1' DUis .................... $ 70, 000.00
LESS % lsls"I'AINA(iL' ................ $ 7, OQO- 00
AMOUN'l DUETO M11" .................. $ 3,Q0.0.�
10
1_ESS 1'I(I IOUS PAl'M N'fS ............ $�_._:�
AMOUN'1 DUETHISAI'1'LICAI'ION .... $ 63,000.00
The uutlersignetl CONTRAC'I•UR cerlilies Ili -it: (1) all pr v ous progress payments received from OWNER on
account of Work done under the C'unUacl referred to aho a have been applied to discharge in full all obligations
of CONTRACTOR incurred in connection with Work cu a •ctl by prior Applications for Payment lurmbcred I
Through -0- inclusive; (2) title Io: ill Work, rtiaterials anti equipment iacorpornled in said
Work or otherwise listen in or covered by this Application for Vaynteat will pass to OWNER at lime of payment
fret and clear of all liens, claims, security interest an(I a •unlbrances (except such as arc covered by Bond
acceptable to OWNER intlemnifying OWNER against arilesticli lien, claim, security interest or encumbrance);
and Mall Work covered by this Application for Payment is ill accordance with the Contract Ducunienls and not
defective as thal term is defined in the Contract Documeii Is,
Dated
July 13 ,1993 P & C. Construction, Inc.
i-1 CONTRA ' M t
1)
(
Payment of the above AMOUNT DUE—THIS�APPLICA
Dated
I)
EJCDC No. 1910-8-I: (1990 Edition)
Prepared by the Engineers Juint Cunlract 1Alc1111►enls Connniace and c
SC
f� (Authorized SignTure) James Dyke,
President
is reconunendcd. /
el
1: 'IN tt r
(Authorized Signature)
by The Assticiated (;CIIC,nl 011111actors of America.
fiT..
I }t,
Di�
;-t
Li
� 7�
I�j
],
APPLICATION FOR PAY
I'o The City of Okeechobee, Florida
'
Contract for Valve Installations on ex
OWNER's Contract No. Pu—O 1-00-01-93 IiP
For Work accomplished through the date of July
ITI;AI
#1 — Site One
#2 — Site Two
Total
(Orig. Contract)
C.O. No. I
C.O. No. 2
CONTRACI'OIt's
Unit Price Qua
'135, 000. 00 1
35, 000. OP 1
Accompanying I)ocunlcntalion:
CON'fRACI'OR'S Certification:
1' NO.
P
_ (OWN
ting 18 inch Force Main
%i
INEER's Project No.
, 1993
tlulc of Values
Amount
$ 35, OOO. t 0
35, 000. t 0
1 $ 70, 000. (00
Work Completed
(Quantity Amount
1 $35,000. 0
1 35,000. PO
1$70,000.00
0ItOSS 0UM' UU1; $ 70, 000. 00
A
LESS 1 % RE MINAGE ................ $ 71 000. 00
AhIOUN-1 DUE,'1.0 UA'I'E .................. $ 63-A OOQ1-LO
LfiSS 11R IOUS PAYMENTS ............-
AAIOUN'1 DUE THIS AI111LICAI'ION .... $ 63, 000. 00
The undersigned CONTRACTOR ccrtilies that: (1) all pr v ous progress payments received from OWNER on
uccount of Work (lone under the C'Lumact referred to abo a have been applied to disch;uge in full all obligations
of CONTRACTOR incurred in connection with Work covered by prior Applicalions fur Payment numbered
t1u•ough —0— inclusive; (2) title to • II Work, nntlerials and e(luipnrcnl incorponacd in said
Work or otherwise listed in or covered by this Application for Mayinenl will pass to OWNER at lime of paymenl
free and clear of all liens, claims, security interest sut(1 rt •untbranees (except such as arc covered by Bond
acceplable to OWNER indenmil"ying ONME-It aguinst tut uch lien, claim, security interest or encumbrance);
and (3) all Work covered by this Application for I'aynlen(i n accordance with the Contract Uocunten(s and not
defective as that term is defined in the Contract Docuntet s
Dated I July 13 1993 P} & C. Construction, Inc.
is
IN, of the above AMOUNT DUI'1'I-IIS A1'1'LICA
Dated %.Ilu ILI , 19 13
Moll
l)
EJCUC No. 191O-8-r (1990 Edition)
Prepared by the Engineers Joint Contract Ducunrenrs Cornnrtnce and c
Sc.
(Aullimized Signature) James Dyke,
President
N is recommended.
7e ts�l�i, llO�d L*/1C
�IGI�I:R �A
tAuulul-licu Jrgnaunu,
by The Associated Gemini Unrl(aclors of America.
1R31.
:
D
�'W
0.
APPLICATION FOIL PA
'lb The City of Okeechobee, Florid
Cunlract fur Valve Installations on e
OWN Ell's Con(ritet No. PU—01-00-01-93
July
For Work accomplished through the elate of -
ITEM
#1 — Site One
#2 — Site Two
Tut:d
(Orig. Contract)
C.O. No.
C.O. No. 2
•
1
NO.
p / 141%
_, (OWNER)
sting 18 inch Force Main
JINEEll's Project No. _
5, 1993
CONTRACT`0It's 43c tedule of Values
Unit Price Quat 1i y Amount
$35, 000.0) 1 $ 35, OOO.t 0
35,000-OP 10 35,000.t0
Accompanying Documcntatiuc:
a 1U,UUU.
Work Completed
flu.ultity Antomlt
1 $35,000. 0
1 35,000. 6
1$70,000.
GROSS IOUN'l' DUI: ....................
$70,000.00
I.I?SS %Ill"iIA1NAGL ............... $ 7, 000. 00
$ 63 OOQ�
AMOU ' DUI:TO Dl1rE, ............. O
I,ESS 1, t ;VIOUS PAYMEiNTS $ 63 —0.00
AAIOU DUE-111IS AI'l'LICJ\I'ION .... $13 .
CON'fRACIUR'S Certification:
The undersigned CONTRACTOR certilics 111111: (1) all i
.Iccounl of Work done under the Contract referred to at,
of CONTRACT R incurred in connection with Work i
through —0— inclusive; (2) title t
Work or ollicrwise listed in or covered by this Applicatil
free and clear of all liens, claims, security interest any
acceplablc to OWNI It indenntil'ying OWNER against
and Mall 1Vurk covered by this Application for Payiner
dejeclfre as that term is defined in the Contract Docum
Dated July 13 , ly 93
ON
Iayment of the above AMOUNT DUE.'ITIIS API'L
aDated '`/� Xy �� , 19 l 3
vious progress puytnents received from OWNER on
c h.lye been applietl to tliscll.u-ge in full ull ubliguliuns
,creel by prior Applications Ii►r layrncnt cumbered
II Work, materials and etltlipnu:nt incorporated in said
for Iayment will puss to OWNER at lime of payment
ncumbrances (except such as arc covered by Bond
r such lien, claim, scclll'ily interest or enctimbrance);
t in accordance with file Contract Documents and not
. & C. Construction, Inc.
CON'
(Authorized egnature) James Dyke ,
President
10 is recommended.
znd e r
In
(Au1I10112t a 31gnaunt:I
LJCDC No. lgl("-E (I(wo Edition)
Prepared by the Ungincers Joint Contract Documents Cumntillee
by The Assixialcd (icncinl C01111actors of America.
APPLICATION FOIt PAYI
Tb The City of Okeechobee, Florida
Contract fin. Valve Installations .on ex,
OWNER'sComractNo. PU-01-00-01-93 rl,
For Work accomplished through iltc date of July
stm CUNT'RAC"1 1) It's Sc
EM
ITEM
Unit Price Qtran(i
#1 — Site One '135,000.00 1L:
#2 — Site Two 35,000.0) 1L;
L,, 4
c
101
or —,61
01
Total
(Orig. Contract)
C.O. No. I
C.O. No. 2
Accompanying Uocumcnlation
NO.
tine 18 inch Force
INL'EIt's Project No
1993
le of Values
Amount
$ 35,000.( 0
35, 000. l 0
b 70, 000. (110
Work Completed
Qu:uNity Amount
1 $35,000. 0
1 35,000. 0
$70,000.bo
GROSS A t UNT DUE .................... $ 70, 000. 00
LUSS 1 /o IZI I'AINA(;L:................ $ 7, 000.00
AMOUNTT UIi TO UA'1'I .................. $ 63, 00.0 _Q.0
LI'sSS PR EVIOUS 11AYM NTS $ 63 .00
AMOUNT' UE THIS AI'1'LICM10N .... $ �_ .
CONTRACTOR'S Cctlificaliun:
The undersigned C:ONTRAC'MR cer lilies that: (1) all pre i tts progress payments received from OWNER on
account of Work done under the Contrnct referred loaliove I ave been applied to disch;trgc in full all obligations
of CONTRACTOR incurred in connection with Work covered by prior Applications fin- I'ayntent uumbercd 1
tluvtrgh —0— inclusive; (2) title to a I Mork, ma(crials and etluipntent incorporated in said
Work or othcrwise listed in lit- covered by this Application 'or Payment will pass to OWNER al lime of paytnen(
free and dear of all liens, claims, securily interest and e t un)branccs (except such as are covered by Bond
acceptable to OWNER indennil'ying OWNER against any Melt lien, claim, security interest or encumbrance);
and (3) all Work covered by Obis Application for Payment is it accordance wilh the Contract Documents and not
defective as that term is defined in the Contract Docunicnt .
Dalcd
July 13 1993 P. & C. Construction, Inc.
,
Payment of the above AMOUNT ME
THIS API'LICAfI
Dated !.� l 6 , 19
9 3 --
BY
ETCDC No. 1910-8-C (I(Y)O Edition)
Prepared by the Engineers Joint Contract l)tcun►ents Curnenittee and em
sr.-
(Au(horized Signature) James Dyke,
President
is recommended.
I ePR c1- �, 7114 ZhC
(Authorized Signature)
by'rhe Associated (ienerat Conaactors of America.
•
Knepper& Willard, inc.
Civil • Ei "Oflinent;il Enynoers
July 16, 1993
P & C Construction, Inc.
P.O. Box 850
Murdock, FL 33938
Attn: Jim Dyke
Re: Okeechobee Force Main Valve Installations
KWI Proj. No. 7209.91
Gentlemen:
On July 14,1993, Mr. W. Dale Connor, our resident
Friend, your representative, to review the status of t
deemed the project to be substantially complete as
The following items are required prior to final
1. Install brass markers indicating dir(
2. Seed and mulch must show an acce
repaired.
3. Submit acceptable record drawing is
4. Provide Final Release and Affidavit
5. Consent of surety to final payment.
If you require additional information, or have
Very truly yours,
KNEPPER & WILLARD, INC.
Daniel S. Willard, P.E.
Project Manager
cc: John Drago
7209-07.dsw
3030 N. R cl<y rlc,;i ii biiv, ?',Vii,'
Suite 570
Tampn.
oject representative met on site with Mr. Gary
project. As a result of that site visit, we have
that date.
by the City of Okeechobee:
and number of turns to open the valve.
stand of grass and any washouts must be
please contact us.
Hillsborough (813) 281-0120
Pinellas (813) 821-3291
FAX (813) 281-1156
•
►NTERLOCAL
THIS INTERLOCAL AGREEMENT dated
("Agreement) between Okeechobee County, Fh
Florida ("County") and the City of Okeechobee,
State of Florida and located in the County (the
political subdivision of the State of
Ufa, a municipal corporation of the
WHEREAS, Section 336.021, Florida Statutes, as ended and supplemented authorizes
the levy by the County of one cent of taxes upon every gallon of motor
fuel and special fuel sold in the Cc unly and taxed under the provisions of
Chapter 206, Florida Statutes, as amended and supplemented (Ninth -Cent
Gas Tax);
WHEREAS, the County has levied one
enactment of the following a
Okeechobee County, Florida, Ordinance No.
cent of the Ninth -Cent Gas Tax.
WHEREAS, Section 3 of Ordinance 93-8 auth
Agreement between the County a
Ninth- Cent Gas Tax between the
WHEREAS, the County and City have agreed
NOW, THEREFORE, the County and the City
1. The proceeds of the one cent
Recaplent
City of Okeechobee
County of Okeechobee
2. This Agreement is effective Oc
30, 1994 unless amended as
3. The Agreement maybe amended a
and delivered by both the County
4. This Agreement may be executed
which shag constitute an original,
IN WITNESS WHEREOF, the County and
be executed.
ATTEST:
ATTEST:
Bonnie S. Thomas, CMC, City Clerk
Reviewed For Legal
Sufficiency
A1290
the Ninth -Cent Gas Tax by the
enacted June 24, 1993, levying one
the establishment of an Interfocal
City to divide the proceeds of the
y and the City; and
distribution.
agreed to such distribution.
Gas Tax shall be as follows:
Share of Proceeds
22.37%
77.63%
, 1993 and shall expire on September
gd herein.
time by written instrument executed
the City.
any number of counter parts, each of
»ether one and the same instrument.
City have caused this Agreement to
OF OKEECHOBEE,
E. Kirk, Mayor
FLORIDA
ZE - 7
DEVELOPMENT RBEMENT /
THIS AGREEMENT made and enteked into this day of
August, 1993, by and between the City of Okeechobee, Florida, a
municipal corporation of the State of Florida, hereinafter referred
to as "City" and JOHN WAYNE THOMAS and BONNIE S. THOMAS, his wife,
hereinafter referred to as "Owner".
RECITJamS
A. Owner is the fee simple owner of a tract of real property
located within the City of Okeechobee which comprises approximately
2.73 acres. Said tract shall iereinafter be referred to as
"Conceptual Site". The parcel to be platted is described on
Exhibit "A" attached hereto and incorporated herein by reference.
Said parcel shall hereinafter be referred to as "Property".
B. The Owner represents that it is the fee simple owner of
the "property" and that there are no liens, encumbrances,
mortgages, equitable interests or any other type of property
interest held by any other person,firm or corporation whose legal
or equitable interest in the lands constituting the Property will
be affected by the matters contained in this Agreement and that the
rights granted herein and the obligations created hereby shall in
no way be affected by the proper y rights of any other entity,
except Big Lake National Bank which, as joined and subordinated its
mortgage interest to this Agreement.
C. Owner desires to develop the "Conceptual Site" as a
homesite development, referred to s "the Proposed Development".
The current land use plan and zon' g districts are reasonable and
1
appropriate for application to the Vzoperty upon the 111:47i fMRCof
the Owner's obligations under thi Development Agreement.TIE4
Proposed Development will have certain adverse impacts on the
ability of the City to provide public services to the Property and
to the balance of the community and it is the purpose of this
Agreement'to provide a mechanism to mitigate many of the adverse
impacts created by the development of the Property and to insure
that adequate public services may be provided to the Property and
to the balance of the residents of the City of Okeechobee.
D. This Development Agreement is authorized by state law and
City Ordinance No. 398 and the provisions of the City Ordinance are
incorporated herein and the requirements and provisions of
applicable laws and ordinance as they exists as of the date of this
Agreement are incorporated herein b y reference and shall govern the
relationship of the parties under the terms of this Agreement.
Any matters required by the State or City Ordinance which are
not a part of this written Development Agreement shall,
nevertheless, be complied with by the parties. The Owner shall be
responsible for every obligation s forth under the terms of this
Agreement. The development is onsistent with the City of
Okeechobee Comprehensive Plan.
NOW THEREFORE, in consideration of the mutual promises
contained herein, the parties hereto agree as follows:
1. The foregoing recitals re true and correct and are
incorporated herein by reference.
0 •
2 . This Agreement shall be v id for five ( 5 ) yea om t
date that it is executed by both p ties. The parties agree t
if development of the "Conceptual Site" is not completed within the
duration of this Development Agree ent, that they will meet and
confer relative to mutually agreeable extensions hereof. When the
Conceptual Site is platted and certified as completed, the City
Council shall review the Conce ual Site and the plat for
compliance and if in compliance rclease the conceptual site from
the operation of this Agreement. The progress of the developer and
compliance with this Agreement shall be reviewed at least annually
by the City.
3. The Owner represents that nothing herein is barred or
prohibited by any other contractual agreement to which it is a
party, by any statute or rule of any governmental agency or any
third party, or by the rights of contract vendees, lien holders,
mortgage holders or any other party with a direct or contingent
interest in the Property, whether legal or equitable.
4. All development rights c3ceated hereunder shall be subject
to compliance with all existing City Ordinances, except as conduct
at variance therewith is specifically authorized herein, and the
applicable regulations of County, State and Federal Agencies and
the failure of this Agreement to address a particular permit,
condition, term or restriction shall not relieve the Owner of the
necessity of complying with the law governing said permitting
requirements, conditions, term or x striction. All applicable fees
of any type shall be paid in acc dance with their terms and in
3
such amounts applicable as they become due and payable, exce as
4i��
is otherwise specifically provided herein.
5. The parties recognize that approvals will be necessary
from various County and State regulatory agencies prior to final
approval to develop Conceptual Site In the event that the legally
authorized review by any such agencies preclude the development of
the subject property in substantially the manner represented
heretofore, then this Agreement shall automatically terminate at
the time of such preclusion and. the parties will cooperate
returning each other to their respective positions prior to the
date of this Agreement.
6. The Owner agrees that w' lingness to enter into this
Agreement, acting or forbearance of any act in furtherance in the
consummation of this Agreement shall not be used, relied on, or
form the basis for any claim by the Owner, its successors or
assigns, in any manner whatsoever as committing the City legally
through the theory of equitable estoppel or any other legal theory
concerning this Agreement, or plat approval, in the event this
Agreement is terminated, or for any other reason does not take
effect in all material respects unless such termination or breach
is solely as a result of the wroi ful acts of the City or its
authorized agents and employees.
7. Notwithstanding the land use plan, designations, zoning,
or district regulations, the maxiintm density which may be built
upon the "Conceptual Site" shall be as follows:
Six ( 6 ) residential lots, each adjoining the east line of
S.E. 9th Avenue, an existing city street, and known as
4
0
"Oak Ridge Estates". /
8. The Owner shall design an construct a 6" water main a d
water distribution system in conf ornity with City specifications
existing of the date of this Agreement and shall convey title to
the City by Bill of Sale upon completion and approval of the
construction by the City.
9. The Owner at the specific request of the City shall
provide the following additional items:
a. Relocate and re -install an existing fire hydrant at
a location to be designated by the City and install a new
additional fire hydrant at a location to be designated by the
City; both installations to be performed according to the
specifications of the City.
b. Extend two ( 2 ) exist' ig 2" water lines lying between
Southeast 8th Street and Southeast 9th Court and connect said
lines to the new 6" water main to be constructed by Owner.
10. The City will reimburse Owner the sum of $6,151.00 which
is equal to the cost to be expended by Owner in complying with the
specific requests made by the City said payment to be made within
thirty (30) days of final approval aid acceptance of the water main
by the City.
11. The Owner shall convey to the City by Warranty Deed the
land lying between the West boundazy of Lots 1 through 3, Tract "A"
and the North 47.60 feet of Lot 4 of Oak Ridge Estates and the East
boundary of Southeast 9th Avenue; said land having an estimated
value in the range of $3,500.00 to $5,500.00. (See Exhibit "B"
attached)
5
•
12. The Owner shall cause di
Oak Ridge Estates to be extended
intersect and access Southeast
successors shall be responsible fc
city right-of-way adjoining each c
13. The City shall provide
public facilities and services
protection and removal of garbage
codes and regulations govern and
services.
14. Waste water disposal :
systems as authorized and approves
time as public sanitary sewer ser
the said lots, the Owner or succ
connect to said service accorc
ordinances.
15. The Developer shall not
preliminary plat approval or Ord.
express written exception from t
determined by the City, this Agrei
deemed to be suspended, with n
certificates of occupancy be fc
resubmitted to the City Council fi
16. If required by law, (
permits from the appropriate govex
limitation, the Florida Departme;
C
►eways for Lots 4,1a of
ross the City right-of-w to
:h Avenue. Owner and its
maintenance of the portion of
said lots.
it cause same to be provided
.or fire protection, police
nsofar as the applicable City
require these facilities and
ill be by individual septic
by State regulation. At such
,ce shall become available for
asors to Owner shall promptly
ag to City regulations and
tbstantially deviate from the
nce 398 without obtaining an
City and upon doing so, as
nt and plat approval shall be
further work, approvals, or
icoming until the matter is
exception or re -platting.
er shall obtain development
ant agencies including without
of Environmental Regulation,
U.S. Army Corp. of Engineers, South Florida Water Mar/9 ent
District, Department of Natural Resources, and the Flo d
Department of Transportation. These government approvals and
permits shall be obtained at the ecle cost of the Owner. It is
recognized that this Agreement and the required supplementary
material may need to be amended to conform with the requirements of
these agencies. City building permits shall be issued following
plat acceptance in accordance with all applicable City ordinances
concerning the issuance of such pe 'ts.
17. Any notice or request required or authorized to be given
by the terms of this Agreement or under any applicable law by
either party shall be inviting and shall either be hand -delivered
or sent by certified or registered mail, postage prepaid, return
receipt requested. Such written iotice shall be addressed as
follows:
As to the City:
City of Okeechobee
ATTN: John Drago, City Administrator
55 Southeast Third Avenue
Okeechobee, Florida 34974
As to Owner:
John Wayne Thomas and Boanie S. Thomas
802 Southeast loth Avenue
Okeechobee, Florida 34971
Either party may by subsequent written notice, designate a
different address or party for receiving notice.
18. The title certification xequired by Section 23 (18) is
attached hereto as Exhibit "C" and incorporated herein by
reference.
F
19. The final draft of the Declaration of �n is and
Restrictions for Oak Ridge Estt a e is attached hereto as hibi
"D" and incorporated herein by reference.
20. The City shall be provided with copies of any material
changes to said Restrictions.
21. This Agreement shall constitute a covenant running with
the lands within the project for the duration of this Agreement,
and shall be binding upon the Owner and upon all persons deriving
title by, through, or under said Oviner, and upon their assigns, or
successors in title for such duratiom. The agreements herein shall
benefit and limit all present and future owners of the property and
the City, for the term hereof. All construction, planning and
obligations on the Owner shall be deemed to be an obligation on the
land and shall constitute a lien running with the land and binding
on all future property owners until such obligations are met in
full. Such lien shall be deemed to be superior to any other liens
or encumbrances now on the propetty or hereafter placed on the
property, for the duration of this Agreement. When the plat is
accepted by the Okeechobee City Council and recorded, the property
shall be deemed to be released from he operation of this Agreement
and the liens described herein, without the necessity of further
filing.
22. Any reference in this Agreement to the Owner shall not be
deemed to include purchasers of lots within the recorded and
released plat. All rights and ob 'gations hereunder being freely
assignable. Assignment of any ri is or interests or obligations
N.
n
u
under this Agreement shall
responsibility to perform all obl
release thereof being executed by
in the Public Records of Okeechol
recording of the plat as described
shall not unreasonably withhold 91
IN WITNESS WHEREOF, the
and seals the day and date first
WITNESSES AS TO BOTH:
Attest: (Seal)
CITY CLERK
Approved as to form:
JOHN R. COOK, City Attorney
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
BEFORE ME, an officer duly
this day personally appeared J
THOMAS, his wife, to me well kno
9
*46%%
relieve the Owner/ f om
tions hereunder except upon
e parties hereto and recorded
County, Florida, or upon the
Paragraph 19 above. The City
release.
have hereto set their hands
mentioned.
WAYNE THOMAS
S. THOMAS
ITY OF OKEECHOBEE
JOHN DRAGO
CITY ADMINISTRATOR
JAMES E. KIRK, Mayor
test
CITY CLERK
te:
.horized to administer oaths,
WAYNE THOMAS and BONNIE S.
o be the persons described in
•
and who executed the foregoing
before me that they executed
voluntarily for the uses and pu
iment, and they acknowle�9
said Agreement, freely a4,
therein.set forth.
WITNESS my hand and official I Oeal at Okeechobee, Okeechobee
County, Florida, this day o August, 1993.
ARY PUBLIC, STATE OF FLORIDA
commission expires:
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
BEFORE ME, an officer duly authorized to administer oaths,
this day personally appeared JAMEc E. KIRK and JOHN DRAGO, Mayor
and City Administrator respectively, to me well known to be the
persons described in and who executed the foregoing Agreement on
behalf of the City of Okeechobee, nd they acknowledged before me
that they executed the said Agreem t, freely and voluntarily for
the uses and purposes therein set ;trth.
WITNESS my hand and official.14eal at Okeechobee, Okeechobee
County, Florida, this day o August, 1993.
ARY PUBLIC, STATE OF FLORIDA
commission expires:
Subordination 0� Mortgage
The undersigned mortgagee hereby su ordinates its mortgage rights
to the operation and effect of th' Agreement provided that said
mortgagee shall enjoy the benefits f Sections 5, 13, 18 and 19 as
if a party thereto.
WITNESSES:
DEV-AGR.JUL
10
IG LAKE NATIONAL BANK
JOE G. MULLINS, President
(Corporate Seal)
0
EXHIBIT
A parcel of land lying within the East one-half (h) of Section ,
Township 37 South, Range 35 East Okeechobee County, Florida.
Being more particularly described ao follows:
Commence at the "Center of Section' 22, as marked with a 4" x 4"
concrete monument, thence North 00° '29" East along the West line
of said East h of Section 22, a dis nce of 89.00 feet;
Thence South 89010134" East along a ine that measures 89.00 feet
North of ( as measured at right angl s to) and parallel with the
North line of the NW h of the SE h o said Section 22, a distance
of 72.57 feet to the East right-of-wa line of SE 9th Avenue (40.00
feet in width);
Thence South 00°11"29" West along s id East right-of-way line, a
distance of 1.67 feet to the SW corner of Block 13, 'as marked by a
5/8" rebar with Cap #2084, WRIGHT' FIRST AND SECOND ADDITION TO
OKEECHOBEE; according to the plat thereof recorded in Plat Book 1,
Page 13 of the Public Records of Ok chobee County, Florida;
Thence South 88*41107" East along
13, a distance of 2.44 feet for
description;
Thence continue South 88*41107"
Southerly line of Block 13, a disc
Southerly line of said Block
POINT OF BEGINNING of this
Est,,, continuing along said
e of 150.02 feet;
Thence South 00*11129" West, parallel with aforesaid West line of
the East h of Section 22, a distance of 746.13 feet to the
intersection with the South line of the North h of the NW h of the
SE k of said Section 22;
Thence North 89*10,19" West along s
the NW 4 of the SE fix, a distance o
Thence North 00*11,29" East, paral
the East h of Section 22, a distan
Thence South 89010,19" East, a dis
Thence North 00011129" East, paral
the East h, a distance of 465.00 f
EXH-A.JUL
.South line of the North h of
75.00 feet;
with aforesaid West line of
of 282.40 feet;
of 25.00 feet;
with aforesaid West line of
to the POINT OF BEGINNING.
P.O. BOX 276
OKEECHOBEE, FL 34973
EXHIBIT "B
NBERT50 O
EALTY (813) 763-8500
& i
PPRAISIN S. INC. /
July 29, 1993
Mr. b Mrs. John Wayne Thomas
602 S. E. loth Avenue
Okeechobee, Florida 34974
RE: Proposed Right -of -Way
to City of Okeechobee
Dear Mr. b Mrs Thomas,
In accordance with your reque
study of the above referenced
This preliminary study cons
present use of the subject pr
loss of the proposed right -of
the adjoining property.
It should be clearly underst
been made of the above refer
does not constitute an appra
any way be construed as same.
Based upon this preliminary
belief that if an appraisal
value would probably be in
$3500.00 to $5500.00. It who
the range of value approx
adjustment upon completion of
Respectfully submitted,
- 01 ---Gn-'----
CHARLES A. ROBERTSON
ST CERTIFIED GENERAL APPRAI
RZ 0001606
CAR/nc
01 I have made a preliminary
roperty as of July 29, 1993.
ted of an analysis of the
arty and the affect that the
ay will have on the value of
d that an appraisal has not
ced propery, and this letter
al report, nor should it in
udy, it is this appraiser's
re made, the final estimated
the range of approximately
d be clearly understood that
ated herein is subject to
n appraisal.
EXHIBIT 'C" /
TITLE CERTI CATION
Pursuant to Section 23 (18),Iordinance Number 398, City of
Okeechobee, the undersigned being 4�duly licensed attorney at law
in the State of Florida, certifies
1. That the following descr
become the development known as
A parcel of land lying within the
Township 37 South, Range 35 Eaf
Being more particularly described
s follows:
!d real property is intended to
Ridge Estates:
it one-half (h) of Section 22,
Okeechobee County, Florida.
follows:
Commence at the "Center of Sectio " 22, as marked with a 4" x 4"
concrete monument, thence North 00 1129" East along the West line
of said East h of Section 22, a di ante of 89.00 feet;
Thence South 89010,34" East along a line that measures 89.00 feet
North of ( as measured at right angles to) and parallel with the
North line of the NW 4 of the SE 4 of said Section 22, a distance
of 72.57 feet to the East right-of-way line of SE 9th Avenue (40.00
feet in width);
Thence South 00*111129" West along said East right-of-way line, a
distance of 1.67 feet to the SW corr er of Block 13, as marked by a
5/8" rebar with Cap #2084, WRIGHTIE FIRST AND SECOND ADDITION TO
OKEECHOBEEI according to the plat t I ereof recorded in Plat Book 1,
Page 13 of the Public Records of O echobee County, Florida;
Thence South 88*41107" East along
13, a distance of 2.44 feet for
description;
Thence continue South 88*41107"
Southerly line of Block 13, a disc
Southerly line of said Block
POINT OF BEGINNING of this
ast, continuing along said
:e of 150.02 feet;
Thence South 00*11129" West, parallel with aforesaid West line of
the East h of Section 22, a di ance of 746.13 feet to the
intersection with the South line o the North h of the NW h of the
SE 4 of said Section 22;
Thence North 89 ° 10' 19" West along s&Ld South line of the North h of
the NW 4 of the SE 4, a distance of 175.00 feet;
Thence North 00011129" East, parallel with aforesaid West line of
the East h of Section 22, a distance of 282.40 feet;
•
Thence South 89°10119" East, a dis
Thence North 00*1112911 East, paral
the East h, a distance of 465.00 f
2. That said real property 1
BONNIE S. THOMAS, with a mortgage
BANK, recorded in Official Recorc
Public Records of Okeechobee Count
3. That as of the date of th.
the above -described real property
1992.
CERTIFIED and DATED this
TTL-CERT.JUL
IC'
nce of 25.00 feet;
/
1 with aforesaid West line of
t to the POINT OF BEGINNING.
owned by JOHN WAYNE THOMAS and
n favor of BIG LAKE NATIONAL
Book 343, Page 2000 of the
Florida.
certification, all taxes upon
we been paid through the year
day of August, 1993.
ELY & CONELY, P.A.
m W. Conely, III, Esq iruiru
torney for the Developer
r-J
LJ
EXHIBIT
DECLARATION OF C01
FOR OAK
D"
AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS, made and
executed this day of "C, 1993, by JOHN W. THOMAS and BONNIE
S. THOMAS (Owner Developer), joined by OAK RIDGE ESTATES HOMEOWNERS
ASSOCIATION, INC., a Florida not -for -profit corporation (the
"Homeowners Association"),
W I T N E S S IE T H :
WHEREAS, Owner/Developer hasl Ithe power and authority to
execute this Declaration against poat real property located in
Okeechobee County, Florida, and leo4lly described as follows:
A parcel of land lying within
Section 22, Township 37 South,
County, Florida. Being more
follows:
Commence at the "Center of Sec
4" x 4" concrete monument, tb
along the West line of said.
distance of 89.00 feet; thence
a line that measures 89.00 fei
right angles to) and parallel
NW k of the SE k of said Secti
feet to the East right -of -we
(40.00 feet in width); thence
said East right-of-way line, i
the SW corner of Block 13, as n
Cap #2084, Wright's First
Okeechobee, according to the
Plat Book 1, Page 13 of the Pu
County, Florida; thence South
Southerly line of said Block 1
for the POINT OF BEGINNING of
continue South 88041107" Has
Southerly line of Block 13, a
thence South 000111291, West, pi
line of the East h of Section
feet to the intersection with i
h of the NW h of the SE k o:
North 89010,191, West along sa.
h of the NW 4 of the SE fit, a
thence North 00 * 11, 29" East, pe
line of the East k of Section
feet; thence South 89010,191,
feet; thence North 0001112
aforesaid West line of the Ea:
feet to the POINT OF BEGINNIN(
East one-half (h) of
a 35 East, Okeechobee
cularly described as
Lon" 22, as marked with a
ace North 00*11129" East
ast h of Section 22, a
outh 89 * 10' 34" East along
North of (as measured a
Lth the North line of the
1 22, a distance of 72.57
line of SE 9th Avenue
)uth 00*11,29" West along
distance of 1.67 feet to
rked by a 5 / 8 " rebar with
nd Second Addition to
slat thereof recorded in
Ac Records of Okeechobee
98*41107" East along the
, a distance of 2.44 feet
this description; thence
, continuing along said
3istance of 150.02 feet;
allel with aforesaid West
22, a distance of 746.13
e South line of the North
said Section 22; thence
South line of the North
iistance of 175.00 feet;
allel with aforesaid West
22, a distance of 282.40
ist, a distance of 25.00
East, parallel with
a distance of 465.00
•
•
WHEREAS, it is the intent of t
a general plan and uniform scheme o
the Property; and
WHEREAS, Owner/Developer u
preservation and enhancement of
opportunities within the Property
personal and general health, safe
owners and residents therein, a
improvements therein, and to the
Property to the covenants, restric
assessments, charges, liens and of
forth.
As to provide for the
?erty values, amenities and
order to contribute to the
and welfare of the property
to maintain the land and
end wishes to subject the
no, easements, reservations,
: provisions hereinafter set
NOW, THEREFORE, Owner/Develo r hereby declares that the
Property is and shall be held, t nsferred, sold, conveyed and
occupied subject to the covena s, restrictions, easements,
reservations, assessments, charge liens and other provisions
hereinafter set forth in this claration of Covenants and
Restrictions for OAR RIDGE ESTATES
The following terms, as used
and all amendments thereof, shall
1.1 "Articles of Incorporat
Articles of Incorporation of the
may exist from time to time.
Owner/Developer to es h
:velopment and improveip,f
I;z
ein and in all exhibits hereto
ve the following meanings:
" shall mean and refer to the
aeowners Association, as they
1.2 "Assessment" shall mean and refer to those charges made
by the Homeowners Association from time to time, against each Lot
and/or Mobile Home Dwelling within the Property for the purposes,
and subject to the terms, set forth herein.
1.3 "Board" or "Board o
the Board of Directors of the
shall mean and refer to
Association.
1.4 "By -Laws" shall mean an � refer to the By -Laws of the
Homeowners Association, as they ma exist from time to time.
1.5 "Common Expenses" shall an and refer to all expenses
incurred by the Homeowners Assoc tion in connection with its
ownership, maintenance and other o igations set forth herein.
1.6 "Common Property" shall me n and refer to all portions of
the Property which are intended for he common use and enjoyment of
the Owners and all real, personala d other property which may at
any time by acquired by the Homeown rs Association.
2
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0
1.7 "County" shall mean
Florida.
1.8 "City" shall mean and
Florida.
1.9 "Declaration" shall m
and all exhibits hereto, as same
1.10 "Owner/Developer" shal
THOMAS and BONNIE S. THOMAS, thei
1.11 "Homeowners Associatioi
RIDGE ESTATES Homeowners Associati
corporation, its successors or as
1.12 "Improvement" shall mE
structures of any kind, including,
swimming pool, patio, tennis c
screening of any type, sewer, dr,
sidewalk, decorative building, p:
devise or object or any and
improvements, whether or not t
decorative or otherwise, and any
modifications, or changes thereto
1.13 "Institutional Mortgage
bank, bank holding company, trust
savings and loan association, in
fund, mortgage company approved 1
National Mortgage Association, a
Government, or Owner/Developer, u
public record on any Lot and/or
mortgage of public record given
whether a first mortgage or othe3
assigns.
1.14 "Lot" shall mean and ref
within the Property and designated
1.15 "Member" shall mean a
Homeowners Association.
1.16 "Owner" shall mean and re
one or more persons or entities,
Lot, excluding, however, any mor
mortgagee has acquired title pu
proceeding or deed in lieu of fore
1.17 "OAK RIDGE ESTATES" shalt
residential development which is 1
3
refer to Okeechobee u t
Y►
er to the City of
I
Okeechob e4j!��
and refer to this instruction
be amended from time to time.
mean and refer to JOHN w.
successors and assigns.
shall mean and refer to OAR
Inc. a Florida not -for -profit
ins.
i and refer to any and all
thout limitation, wall, fence,
rt, or screen enclosure of
3, disposal system, driveway,
sting, landscaping, landscape
11 types of structures or
purpose thereof is purely
d all additions, alterations,
thereof.
shall mean and refer to any
ompany or subsidiary thereof,
rance company, union pension
Owner/Developer, the Federal
agency of the United States
ch holds a first mortgage of
elling and the holder of any
assumed by Owner/Developer,
.se, and their successors and
to any tract of land located
s such on the Plat.
refer to a member of the
to the record owner, whether
the fee simple title to any
gee, unless and until such
ant to foreclosure or any
sure.
?an and refer to that certain
ted on the Property.
•
•
1.18 "Plat" shall mean and
ESTATES recorded in Plat Book
Okeechobee County, Florida, and
thereto.
er to that Plat of
Page , Public
additions and/or
OAR RID
Records of
amendments
1.19 "Property" shall mean and refer to that real property
legally described in the plat of OM RIDGE ESTATES recorded in Plat
Book , page , Public Record3 of Okeechobee County, Florida,
and any other property subsequently subjected to this Declaration,
pursuant to the provisions hereof.
1.20 "Surface Water Managemen
those lakes, canals and other f
drainage of the Property.
1.21 "Singular. Plural. Gei
permits the use of the singular s
plural shall include the singular,
be deemed to include all genders.
teem" shall mean and refer to
ties created and used for
Whenever the context so
include the plural and the
the use of any gender shall
2.1 Existing Property. The existing property subject to this
Declaration is the Property descr' ed in the plat of OAR RIDGE
ESTATES recorded in Plat Book , Page , Public Records of
Okeechobee County, Florida,
2.2 Additional Property. T
time and from time to time, subjec
subdivisions, Lots or additiona
Declaration and determine the
Assessments attributable thereto,
records of the County, an amendment
such additional property and the
Assessments attributable thereto.
submission of additional property ti
may result in an overall increase i
to each Lot, such amendment(s) shi
consent to any entity or individu,
governing the Property to be subjec
Owner/Developer may, at any
additional property, platted
Common Property, to this
3e rights thereof and the
by recording in the public
:o the Declaration, describing
use rights thereof and the
)though the Owner/Developer's
the Declaration, by amendment,
the Assessments attributable
1 not require the joinder or
, other than the. Association
id to the Declaration, if any.
3.1 Title to Common Property. The Owner/Developer shall not
be required to convey title to the ommon Property or any portion
thereof to the Homeowners Associ ion until such time as the
4
Owner/Developer voluntarily relinqu
Association, in accordance with thi
the manner in which fee simple i
Association shall be responsible f
and operation of the Common Proper
property taxes and other asses
authorities against the Common Propi
recordation of this Declaration.
of the sale of the last Parcel loci
such earlier date as the i
Owner/Developer shall convey by qui
title and interest in the Commoi
Association. The Owner/Developer s
any title insurance or other relate
with the aforesaid conveyance to tt
3.2 Acquisition and Conveyan
Association shall have the power
convey such interest in real, persc
deem beneficial to its Members, whi
become, and be referred to herei
interests may include fee simple or
Homeowners Association may determi
. * A%% /
shes control of the Home
Declaration. Notwithstanding
tle is held, the Homeowners
the management, maintenance
►, and for the payment of all
ments by any governmental
ty, from and after the date of
multaneously with the closing
ed within the Property, or at
mer/Developer elects, . the
claim deed all of its right,
Property to the Homeowners
ill not be required to provide
title documents in connection
Homeowners Association.
of Property. The Homeowners
nd authority to acquire and
L and other property as it may
property shall automatically
as "Common Property". Such
.her absolute interests as the
to be appropriate.
3.3 Owners' Easements of injoyment. Subject to the
provisions herein, the Homeowners.A sociation and each owner are
hereby granted and shall have right i and easements of enjoyment in
and to the Common Property. The eisement of each owner shall be
appurtenant to, and shall pass with, the title to each Lot.
3.4 Extent of Owner's Easemen s. The rights and easements of
enjoyment created hereby shall be s ject to the following:
3.4.1 The right of
Homeowners Association to borrow
the Common Property, and in cons
Common Property.
3.4.2 The right of
Homeowners Association to take
necessary to protect the Common P
Owner/Developer and of the
for the purpose of improving
a therewith, to mortgage the
Owner/Developer and the
steps as are reasonably
y against foreclosure.
3.4.3 The right of the Homeowners Association to suspend
the enjoyment rights and easements of any Owner for any period
during which an Assessment remains unpaid by the Owner and for any
period during which such Owner is in violation of this Declaration,
or any of the rules and regulations romulgated by the Homeowners
Association.
3.4.4 The right of ti� Homeowners Association to
maintain the Common Property. II
5
•
9
3.4.5 The rules and
Association governing the use and
3.4..6 The right of
Homeowners Association to dedicate
the Common Property to any gov,
agency, authority, utility, watt
district, or other entity or pers
3.4.7 Restrictions c
separately, with respect to all c
3.4.8 All of the prov:
Articles of Incorporation and
Association, and all rules an(
Homeowners Association, as same mi
3.4.9 The Owners' eai
subject to easements, hereby reser
the Common Property and the Lots,
services to the Property, includin,
for water pipes, sanitary sewer pip
drainage pipes, sprinkler pipes, t
and street lights. Easements J
reserved by Owner/Developer for
which have been or may be con
Owner/Developer may grant specific
and others as reasonably necessary
3.4.10 The Owner/Develo]
may grant easements over the Com
similar operations. However, the
be in the sole and absolute discr
the Homeowners Association. No eF
any plat of the property may be use
the consent of the Homeowners Assc
which consent may be withheld
discretion. The rights granted
limited by the Homeowners Assoc
approval of the Owner/Developer.
3.4.11 The Owners' easem,
to the rights reserved by Owner/De
of the Property. As a material c
Lot, each Owner, by accepting
Owner/Developer from any claim f
enjoyment of his Lot or the Common
of the Property, whether or not
performed on the Common Proper
acknowledges and agrees that Owne
right of design, construction, dei
Common Property and the Lots withi
6
egulations of thJ'%Ho owner
j oyment of the Common P�s
pirty .
he Owner/Developer andt
- transfer all, or any part 9
nental or quasi -governmental
management or water control
ined on any plat or filed
y portion of the Property.
Lons of this Declaration, the
By -Laws of the Homeowners
regulations adopted by the
be amended from time to time.
ments of enjoyment shall be
d over, through and underneath
or present and future utility
but not limited to, easements
i, emergency sewer lines, storm
.ephone cables, security wires
c such utility services are
1 buildings and Improvements
,ructed on the Property and
!asements to utility companies
or the Homeowners Association
i Property for cable radio or
anting of such easements shall
Lon of the Owner/Developer and
ment provided for herein or on
for the above purposes without
ation and the Owner/Developer,
Ln their sole and absolute
:ein may not be eliminated or
:ion except with the written
: of enjoyment shall be subject
doper, for future development
3ition for the ownership of a
deed to a Lot, releases
interference with his quiet
operty, due to the development
construction operations are
the Lots, and each Owner
)eveloper shall have the sole
opment and improvement of the
the Property.
•
4.1 Easement Grants. The
granted or reserved over, across
4.1.1 Easements for the
utilities are granted as shown o.
Property. Within these easement a.
other material (other than sod
installation and maintenance of ui
shall be placed or permitted to re
other material was installed b-
Homeowners Association, utility com
their respective assigns are hereby
within which such underground fa
purpose of operation, maintenance
4.1.2 Tracts have been L
installation and maintenance of dra,
recorded plat of the Property. N
material, other than sod, shall be
(unless installed by the Owner/Deve,
interfere with such installation
obstruct or retard the flow of wa
unless such structure, planting or
Owner/Developer. The Homeowners As
be access to all such drainage traci
and maintenance thereof.
4.1.3 The Common Propei
subject to a perpetual, non-exclu
Homeowners Association, employees
Association and of any manageme
Homeowners Association, in order i
management entity may carry out
reasonable access to the Common
dedicated, granted or reserved to t
14.F
lowing easements are hereby
through the Property:
stallation and maintenance of
the recorded plat(s) of the
is, no structure, planting or
ich may interfere with the
.rground utility facilities),
In, unless such structure or
the Owner/Developer. The
vies serving the Property, and
-anted access to all easements
lities are located for the
i replacement thereof.
ntified and set aside for the
.age facilities as shown on the
structure, planting or other
3laced or permitted to remain
per ) in these tracts which may
id maintenance, or which may
x through drainage channels,
:her material was installed by
)ciation and its assigns shall
, for the purpose of operation
f is hereby declared to be
ve easement in favor of the
nd agents of the Homeowners
. entity contracted by the
3t such employees, agents or
their duties and may have
operty and to all easements
Homeowners Association.
4.1.4 Easements are hereby granted to all Institutional
Mortgagees holding a first mortgage upon any portion of the
Property, for the purpose of acce3s to the property subject to
their mortgages, as may be provided in the mortgages.
4.1.5 Easements are hereb eserved throughout the Common
Property, including, without limita 'on, the easements shown on any
plat of the Property, by Owner/Dev oper, for its reasonable use
and the reasonable use of its ag n s, employees, licensees and
invitees, for all purposes.
7
4.2 Additional Basements. 0
Association shall have the right t
or to relocate existing easement]
Owner/Developer or the Homeowners
desirable for the proper operatioi
or any portion thereof, provided i
relocation of existing easements
interfere with the Owners use or
4.3 Restriction on Owner
provided in paragraph 4.2 with
the Homeowners Association, no (
any portion of the Property to
prior written consent of the Ho
4.4 Intended Creation of l
creation of any easement fail by
time of creation, there is no grar
to take and hold such easement,
deemed not to be so created shal
having been granted directly to th
purpose of allowing the original
easements were originally granted
Owners hereby designate the Owr
Association as their lawful at
instrument on their behalf as may
necessary for the purpose of creal
5.1 The Homeowners Associati
recording of this Declaration, 1
Homeowners Association to be for
Incorporation thereof with the Off
Florida. The Homeowners Associatic
and ultimately own the Common Prol
conditions, restrictions and othe
Declaration and the rules and i
Homeowners Association, and to ha
obligations, duties and functioi
Declaration and in the Articles of
the Homeowners Association.
ier/Developer and the Homeown
grant such additional easements
throughout the Property as the
isociation may deem necessary or
and maintenance of the Property
at such additional easements or
to not prevent or unreasonably
ijoyment of the Property.
ants. Except as specifically
.d to the.Owner/Developer and
shall grant any easement upon
person or entity without the
ars Association.
sements. Should the intended
'eason of the fact that at the
Be in being having the capacity
Len any such grant of easement
nevertheless be considered as
Homeowners Association for the
party or parties to whom the
�e benefit of such easement; the
r/Developer and/or Homeowners
)rney-in-fact to execute any
ereafter be required or deemed
ng such easement.
. At or about the time of the
ier/Developer has caused the
d by filing the Articles of
a of the Secretary of State of
is formed to operate, maintain
ty; to enforce the covenants,
provisions set forth in this
[ulations promulgated by the
such other specific rights,
as are set forth in this
corporation and the By -Laws of
5.2 Membership. A person or entity shall automatically
become a Member of the Association ipon acquisition of fee simple
title to any Lot, by filing a deed therefor in the public records
of the County. Membership shall continue until such time as the
Member transfers or conveys his in rest of record or the interest
C
0
is transferred or conveyed by o]
membership, with respect to the Loi
conferred upon the transferee. Met
and may not be -separated from, own
Declaration. No person or entity
or nature whatsoever in a Lot only
of any obligation shall be a Membe
additional property within the imp
cause additional membership in th
the voting rights and Assessment
5.3 Voting. The Associati,
voting membership. Each member,
entitled to one (1) vote for each
matters on which the membership s
vote may be exercised or cast by t
be provided in the By -Laws of the A
more than one (1) lot shall be enti
vote for each such Lot. When more
all such persons shall be Members
however, that the vote of such
provided hereinbelow, and that in,
vote be cast with respect to ea(
person, a corporation, or other en -
a certificate with the Secretary
person authorized to cast votes fc
is not on file, the Owner(s) shall
vote of such Owner(s) shall not
presence of such Owner(s) at a meet
whether the quorum requirement ha
owned by husband and wife as
certificate need be filed with t.
authorized to cast votes for said
both, may vote in person or b]
determining whether the quorum re
meeting of the members, unless pric
as to who shall represent the Lot a
notified the Secretary in writing
to who shall represent the Lot at
certificate requirements set
Owner/Developer, by including ac
imposition of this Declaration, m
appurtenant to such property.
5.4 Suspension of Membershi
any vested right, interest or p
functions, affairs or franchises o
any right, interest or privilege
which shall continue after such Men
such Member is not in good standin
"not in good standing" during any
the Owners governed by such Ass
9
AA
cation of law, at which 'me
:onveyed shall automaticall
:rship shall be appurtenant t
ship of Lot(s) subject to this
�ilding an interest of any type
s security for the performance
Owner/Developer by including
ition of this Declaration, may
Association and may designate
:ributable to such property.
, shall have one (1) class of
Lncluding developer, shall be
got owner by such member as to
11 be entitled to vote, which
Member in such manner as may
aociation. Any member who owns
Led to exercise or cast one (1)
han one (1) person owns a lot,
of the Association; provided,
►wners shall be exercised as
event shall more than one (1)
Lot. If more than one (1)
ty owns a Lot, they shall file
if the Association naming the
said Lot. If the certificate
)t -be qualified to vote and the
be considered nor shall the
ig be considered in determining
been met. If a Lot shall be
enants by the entirety, no
Secretary naming the person
)t, and either spouse, but not
proxy and be considered in
uirement has been met at any
to such meeting, either spouse
the meeting, either spouse has
iat there is a disagreement as
he meeting, in which case the
.orth above shall apply.
itional property within the
designate the voting rights
Rights. No member shall have
vilege in or to the assets,
the Homeowners Association, or
hich may -be transferable, or
rs membership ceases, or while
A member shall be considered
Briod of time in which any of
iation is delinquent in the
•
payment of Assessments or fines c
Association or in violation of any
of any rules or regulations l
Association. While not in good sl
entitled to vote or exercise any r
the Homeowners Association.
5.5 Administration of the
affairs of the Homeowners Associat:
Board of Directors in accordanc
Articles of Incorporation and t
Association. The Articles of Inco3
amended in the manner set forth the:
such amendment shall conflict with
or adversely affect the rights
Owner/Developer's prior written cc
amendment, alteration or recessic
affects the rights or privileges <
without the express prior writtet
Mortgagee so affected. Any attempt
Declaration in violation of the foi
effect.
5.6 Control by Owner/Develove
the contrary notwithstanding, Owne:
to retain control of the Homeowner
to occur of the following: four
the sale of seventy-five percent
Property or four ( 4 ) years followii
of a Lot within the Property, or su
by Owner/Developer, in Owner/bevel
time of turnover of control of t
Homeowners Association shall reco:
public records of the County. So
control of the Homeowners Associat
the right to appoint all members o
approve the appointment of all
Association, and no action of thi
Association shall be effective unl
Owner/Developer. After turnover o:
so long as owner/Developer shall h2
member of the Board of Directors
Member of the Homeowners Assoc
Owner/Developer shall enter into ai
for the benefit of Owners, or
agreements to the Homeowners Assoc
Homeowners Association shall r
obligations. After turnover o
Association, the Homeowners Assoc:
terminate any contract or lease, in(
entered into by the Owner/Develops
Association. This right of termi
10
and owing to the wners
ivision of this Decl*rtwipor
aulgated by the Homs
ling, the Member shall not e
t or privilege of a Member
[omeowners Association. The
a shall be administered by the
with this Declaration, the
By -Laws of the Homeowners
Dration and the By -Laws may be
in, provided, however, that no
.he terms of this Declaration,
of Owner/Developer, without
sent provided further that no
may be made which adversely
any Institutional.Mortgagee,
consent of the Institutional
o amend, alter or rescind this
joing, shall be of no force or
. Anything contained herein to
Developer shall have the right
Association until the earlier
) months after the closing of
75%) of the Lots within the
the first closing of the sale
earlier time as is determined
)er's sole discretion. At the
Homeowners Association, the
a Notice of turnover in the
ing as Owner/Developer retains
on, Owner/Developer shall have
the Board of Directors and to
officers of the Homeowners
membership of the Homeowners
is, and until, approved by the
control of the Association and
a the right to appoint one (1)
such director need not be a
,tion. In the event that
contracts or other agreements
the Homeowners Association,
ition, and in such event, the
required to accept such
control of the Homeowners
tion shall have the right to
tiding any management agreement
on behalf of the Homeowners
tion may be exercised by the
n
Homeowners Association without pei
of control, with or without cause
(90) days notice to the other pars
6.1 Maintenance of Commc
Association shall, either by virt-
estate management agent, or ti
responsible for the mowing, edg.
vegetation from and shall maintain
Specifically, the property the
maintain and be responsible for of
to the following:
6.1.1 All landscaping 1
the extent deemed necessary or
Association, in its sole and abso]
6.1.2 The Surface Water
6.1.3 Any buffer zones
Property.
6.1.4 All property
Association, and any easements
Homeowners Association.
6.1.5 All signs located
6.2 Owner/Developer, its suc,
management agent for the Homeowner
employees, including but not limit,
bookkeepers, gardeners and laborer
deem necessary in order to maint
management agreement between the
Owner/Developer, its parents, subs!
successors and assigns, shall be he:
that at the time of entering into
employees, officers or agents of
assigns, are officers, directors
Association.
Lty at any time after tr0isfer
and upon not more than n' ty
6 <,**
Property. The Homeowners
of the appointment of a real
ugh its own personnel, be
� and removal of debris and
id repair the Common Property.
omeowners Association shall
1 include, but not be limited
ed on the Common Property to
sirable by the Homeowners
discretion.
nt System.
by the City within the
by or dedicated to the
ated on the Plat to the
the Common Property.
ssors and assigns, may be the
Association and may hire such
to: attorneys, accountants,
, as the Owner/Developer may
Ln the Common Property. No
imeowners Association and the
caries or affiliates, or their
, invalid solely for the reason
:he management agreement, the
wner/Developer, successor and
employees of the Homeowners
6.3 Owner Responsibility. Eaci Lot and improvements on each
lot, and the area between the edge of the street pavement and the
boundary line of the lot, shall be naintained by the Owner of such
Lot, in accordance with the requ' ements of this Declaration.
Notwithstanding anything to the contrary contained in this
Declaration, the expense of any mac enance, repair or construction
11
•
of any portion of the Common Prop(
within the easements and walk pat}
or willful acts of an Owner or his
be borne solely by such Owner and
individual Assessment for such ext
6.4 Liability Disclaimer. l
the Association shall be liable or
or the loss of or damage to the prof
or tenant of any member or visitor
arising from the use of the Common
y or conduits, pipes or *
necessitated by the negligent
unily, lessees or guests shay
Ls Lot shall be subject to an
ses.
Lther the Owner/Developer nor
isponsible for the destruction
rty of any member or the guest
other persons or for any loss
roperty.
7.1 Authority of Homeowners ssoc'at on. The Homeowners
Association, through its Board of rectors, shall have the power
and authority to make and collect sseesments and to impose and
collect fines as hereinafter set fo th.
7.2 General Assessments.
determined annually for the purpos4
of the Homeowners Association and t
purpose of maintenance of those
maintained by the Homeowners Ass
Declaration, and for the purpose
welfare of the Owners. Without 1.
Assessments shall be used for th(
maintenance and management of the
Common Property; maintenance of th
maintained by the Homeowners Ass
Declaration; property taxes, ass
authority and insurance coverage i
insurance coverage; legal and acc
management fees; emergency se=
replacements; charges for utilities
cleaning services, expenses and
Homeowners Association in the enfor
against the Members, Owners or
property; the creation of reasona
Association shall be required to est
reserve fund for the -periodic maint
of Improvements to the Common Propez
maintained from the general Ass4
collected by the Homeowners Associi
deemed by the Board of Directors t
management, maintenance, repair, op
7.3 Basis and Collection of
of Directors of the Homeowners Ass
12
;eneral Assessments shall be
of maintenance and management
3 Common Property, and for the
,3ortions of the Lots to be
:iation as provided in this
c)f promoting the safety and
citing the foregoing, General
payment of: the operation,
)meowners Association and the
ie portions of the Lots to be
:iation as provided in this
isments by any governmental
r the Common Property; other
inting fees; security costs;
ices; normal repairs and
ised upon the Common Property;
1abilities incurred by the
:ment of its rights and duties
:hers maintenance of vacant
Le reserves; (the Homeowners
Aish and maintain an adequate
mane, repair and replacement
V, which reserve fund shall be
sments for Common Expenses
.ion); and all other expenses
be necessary and proper for
ration and enforcement.
zeral Assessments. The Board
ation shall annually estimate
•
5�
the Common Expenses it expects t
involved therein and shall assess i
meet this estimate, provided, how
shall not be subject to assessment,
hereinbelow. All Lots shall be as
determined by the Board of Directo
a general Assessment shall be a
Homeowners Association determine a
made are insufficient to meet the
Directors shall have the authority
general Assessments to meet such ne
Assessment may be adjusted periodic
Board of Directors. General Ase
quarterly in advance, or on such
Directors may from time to time de-
7.4 Special Assessments. The
its Board of Directors, shall have
and collect special Assessments f
following: the acquisition of
Association; the cost of construct
the Common Property; the cost of
unexpected repair or replacemen
including the necessary fixtures
thereto; and the expense of indemi
officer of the Homeowners Associa
shall be levied upon the same bai
shall be collected from Owners ii
Directors shall determine.
7.5 Emergency Special A
Association through its Board of D
special Assessment when, in its
potential danger of damage to
Assessments may be utilized to pay
remedial construction, reconstruc•
replacements. Events justifying
include, but are not limited to,
freezes. Emergency special Assese
same basis as general Assessment,
Owners in such manner as the Board
7.6 Individual Assessments
Association, through its Board of
and authority to levy and collect e
a Lot for the expense of mainte
reconstruction of a Dwelling which
refused to perform, which failur
Homeowners Association, endangered
other portions of the Property. T
also have the power and the autl
individual Assessment against a pe
13
T
incur in the period %* time
s Members sufficient m8hi to
rer, that the Owner/Dev oper
xcept as specifically pro Id
:ssed at a uniform rate, to
i, so that all Lots subject
sessed equally. Should the
any time that the Assessments
'.ommon Expenses, the Board of
:o levy and collect additional
ds. The amount of the general
lly as deemed necessary by the
ssments shall be collectible
other basis as the Board of
[omeowners Association through
ie power and authority to levy
m Owners, for payment of the
property by the Homeowners
)n of capital Improvements to
.onstruction, reconstruction,
of a capital Improvement,
Lnd personal property relate
Eication of each director and
on. All special Assessments
s as general Assessments and
such manner as the Board of
The Homeowners
ectors, may levy on emergency
ole determination, there is
ersons or property. Such
it preventative, protective or
on, improvements, repairs or
mergency special Assessments
iurricane, floods, fires and
:nts shall be levied upon the
and shall be collected from
f Directors shall determine.
of Owners. The Homeowners
rectors, shall have the power
individual Assessment against
.nce, repair, replacement or
ie Owner thereof has failed or
has, in the opinion of the
impaired the use or value of
Homeowners Association shall
:ity to levy and collect an
icular Lot for any damage to
C�
any portion of the Common Property
willful acts of an Owner or his fai
to Section 6.3 hereof and for the
Homeowners Association pursuant to
to the Owner of an individual Ass
such manner as the Homeowners Ase
individual Assessment may include
the Homeowners Association in an
Board of Directors, in its sole an(
to time.
7.7 Fines. The Homeowners
fines against Members and Owners
Owner's family members, lessees,
employees or agents, of the
Declaration, the rules and ref
Homeowners Association and the Ari
By -Laws of the Homeowners Associat:
may levy a fine according to a sch
the Homeowners Association, provi,
shall the total fines assessed fo
annual general Assessment agains-
violation occurs. Owners who
documents or rules shall be entitle
the Board of Directors of the Homec
imposition of any fine. Fines are
be collectible as such.
7.8 Effect of Non-payment
notices of Assessments or fines i
shall designate when the Assessmeni
an Assessment or fine is not paid
become delinquent and shall bear
allowed by the usury laws of the
when due until paid. The Asse,
interest thereon and the costs of
attorneys fees, shall be a continui
also be the continuing personal obl
Any successor in title to any Owns
notice of the records of the Homei
the existence of any delinquency i
fines. The Homeowners Association
the public records of the County a
property owned by the respective Ow
the unpaid Assessment or fine, the
and the costs of collection thereof
any installment thereof, shall not
following the due date, the Homeowr.
entire Assessment or fine immed.
Homeowners Association may at any
to foreclose the lien against the Li
in the manner in which mortgages o;
14
Alp*
acessitated b the y neglig or
ly, lessees or guests pur n
rayment of fines levied by t
;ection 7.7 hereof. The tice'Z'*
isment shall be collectible in
aiation shall determine. The
administrative fee charged by
nount to be determined by the
absolute discretion, from time
sociation may levy reasonable
)r violation by Owners, or by
guests, licensees, invitees,
ovisions contained in this
lations promulgated by the
=lee of Incorporation and the
a. The Homeowners Association
lule of fines to be adopted by
d, however, that in no event
any one violation exceed the
the Owner for the year the
olate any of the foregoing
to notice and a hearing before
iers Association, prior to the
3ividual Assessments and shall
Assessments or Fines. All
Dm the Homeowners Association
)r fine is due and payable. If
n the date when due, it shall
Lnterest at the maximum rate
:ate of Florida from the date
ment or fine, together with
collection thereof, including
F lien against a Lot, and shall
ration of the respective Owner.
shall be held to constructive
ners Association to determine
the payment of Assessments or
hall record a Claim of Lien in
Inst the Lot and any personal
!r, setting forth the amount of
rate of interest due thereon,
If any Assessment or fine or
a paid within thirty (30)'days
:s Association may declare the
tely due and payable. The
me thereafter bring an action
owned by the respective Owner
real property are foreclosed,
11
and/or a suit on the personal obli4
be added to the amount of the Asses
action, including attorneys fees,
obtained, such. judgment shall incli
fine as above provided and at
Homeowners Association, together
Regardless of the date of recordi
effective date thereof shall re
priority, as of the date of record
owner may release his Lot from the
by paying to the Homeowners A
Assessment or fine attributable to
Homeowners Association shall execs
with respect to such Lot.
7.9 Certificate of Assessmei
shall prepare a roster of the
Assessments applicable thereto, wl
office of the Homeowners Associa
inspection by all Owners. At the 3
Directors shall prepare a Certific
officer of the Homeowners Associa
Owner's Assessments have been paid
the date of the Certificate. As
error who rely thereon, such Cei
evidence of payment or partial pa
stated as having been paid or pars
7.10 Subordination of Lien t,
effective date of the lien for Ai
Homeowners Association, the lien
provided for in this Declaration
including homestead rights, but sh
to the lien of the mortgage of any
subordination shall, however, apF
fines which have become due and p�
transfer of the mortgage Lot, or
decree of foreclosure, or in any of
lieu of foreclosure of the mortga
shall relieve any Lot, or other p:
Assessment or fine becoming due t]
any such subsequent Assessment or f
successor in title shall not b
delinquent Assessment unless i
obligation. Any delinquent Asi
extinguished pursuant to a sale or
foreclosure of a mortgage or any
foreclosure shall be reallocated aj
opinion of the Homeowners Associat
subordinate to a mortgage lien shal
of subordination.
15
,tion of the Owner. Tl e ollall
ment or fine, the costs of u
ind in the event a judgm t s
�e interest on the Assessment
)rneys fees incurred by th
pith the costs of the action.
ion of any claim of lien, the
ate back, and it shall take
:ion of this Declaration. Each
lien of the Assessment or fine
;ociation the 'amount of the
is Lot. Upon such payment, the
e and record a release of lien
The Homeowners Association
ners and the Lots and the
h roster shall be kept in the
>n and shall be open to the
lest of an Owner, the Board of
e of Assessments signed by an
in, setting forth whether the
the amount which is due as of
parties without knowledge of
Eicates shall be presumptive
,nt of any Assessment thereon
Lly paid.
Mortgages. Regardless of the
essments or fines made by the
of the Assessments or fines
,all be superior to all liens,
L1 be subordinate and inferior
Institutional Mortgagee. Such
r only to the Assessments or
able prior to a final sale or
)then property, pursuant to a
er proceeding or conveyance in
to No sale or other transfer
perty, from liability for any
reafter, nor from. the lien of
te, provided, however, that the
personally liable for such
ch successor assumes such
ssments or fines which are
ransfer in connection with the
roceeding or deed in lieu of
assessed to all Owners in the
in that the Assessment lien is
be dispositive of any question
U
7.11 Payments by Owner/Develc
any Assessments, Owner/Developer s
payment of that portion of the Coy
amount to be paid by Owners, othez
to the budget of the Homeowners Asi
lieu of the payment of the Shortfal
its sole and absolute discretio
attributable to each Lot owned by
r. In lieu of th ent of
.1 be responsible on y r the
in Expenses which exthe
ian Owner/Developer, p uant
iation (the "Shortfall"
Owner/Developer may elect,
to pay the Assessment(
ier/Developer.
7.12 Exempt Property. The following property shall be
permanently exempt from the payment of all general, special,
emergency special, and individual Assessments against Owners and
individual Assessments of Associat ns:
7.12.1 All Common
Association.
7.12.2 Any portion of
County.
7.12.3 Any portion
Owner/Developer; pursuant to
Owner/Developer shall have the opi
paying the Assessments attribu
Owner/Developer, as Owner/Develop
elect from time to time.
8.1 Architectural Review
Owner/Developer to create a gene=
development of the Property and t
residential community of high quali
Accordingly, all Improvements plac
the following:
8.1.1 Only one single f
constructed on each Lot. Mobi:
expressly prohibited.
roperty of the Homeowners
ie Property dedicated to the
if the Property owned by
isection 7.11 hereof, the
a of paying the Shortfall, or
le to each Lot owned by
may, in its sole discretion,
d. It is the intent of
, plan and uniform scheme of
create within the Property a
and harmonious Improvements.
upon a Lot shall comply with
ly residential dwelling may be
homes or house trailers are
8.1.2 Each dwelling construction shall contain no less
than 1700 feet of living space, exclusive of porches, garages,
patios or other additions and all garages shall be enclosed.
8.1.3 No prefabricat residential structure or
constructed residential dwelling s all be placed or installed on
any lot nor shall any open carport be allowed on any lot.
16
0 .0 A'*'%
8.1.4 All dwellings to a constructed upon evily of
must comply with all building and zoning regulations then in a ect
in Okeechobee County and must be permitted as being in compli c
with same. 4*"**
8.1.5 Any and all buil
said premises shall be of solid aj
and attractive in appearance and
Southern Standard Building Code as
restrictive requirements from time
applicable to the subdivision and
Review Board.
8.1.6 No building or any
and porches, and screen enclosure
closer than twenty-five (25) feet
than fifteen (15 ) feet to any oth
Where one and a half or more lots a.
site, the side lot lines shall refe
adjoining property owners.
.ngs and additions thereto on
permanent construction, neat
.all meet the requirements of
iopted in the City or any more
3 time adopted by the City and
approved by the Architectural
art thereof, including garages
shall be erected on any lot
,o any street line, or closer
lot line shown on the plat.
acquired as a single building
to the lot lines bordering the
8.1.7 All screened porc to
and storage sheds shall be
constructed with the same similar aterials as the Dwelling and
shall have colors and design to ma h the dwelling.
8.1.8 The construction of a dwelling and all other
construction on a Lot shall comply with all local and county
ordinances, regulations, restrictions, rules, building codes and
other governmental requirements, including without limitation, lot
coverage and set back restrictions
8.1.9 Fences will be chain link or other material
approved by the Board of Directors No fences shall exceed four
feet in height unless approved by ��e Architectural Review Board.
8.1.10 Owners are encour ed to contact a member of the
'
Board of Directors prior to diggi or excavating on the Lot to
prevent damage to underground utili es, conduits, wires and pipes.
8.1.11 All water pumps
enclosed structure.
The following use restriction
wells shall be housed in an
hall apply to the Lots:
9.1 Residential Use. Except s otherwise provided herein,
the lots shall be used only as a single family, private,
residential dwellings and for no o er purpose. No business or
17
11
•
commercial building may be erected
be conducted on any part thereof.
9.2 Commercial Activit
manufacturing, trade, business, c
other occupation whatsoever shall
any Dwelling or any part thereof,
Owner/Developer.
9.3 Pets. No cattle, cows,
horses or other commercial animal sl
Parcel Owners may only keep as pet,
household pet(s) as may be approve
provided that no more than two
permitted, and provided further tha
maintained for any commercial F
restrained and/or kept on a le
responsible person at all times
dwelling. At no time shall a pet b
other than the Lot on which the F
Property. The pet owner shall be
cleaning up and removing all excren
while on the Property and for al
excrement using the sanitary cant
The Board of Directors shall have t]
any pet which is considered a nuii
absolute discretion. In such evens
give written notice thereof to the
immediately thereafter be permanent
9.4
9.4.1 Recreational and
trailers, recreational vehicles, n
motor vehicles shall be parked or
driveway or within such area as mat
Board of Directors of the Homeowi
streets or lawns is strictly prohik
n any Lot and no busAS may
No drilling, mini
erce, industry, profession o
conducted or carried on upon
cept as to those uses made by
sheep, goats, hogs, poultry,
11 be kept in the subdivision.
dogs and cats (and any other
by the Board of Directors);
pets per parcel shall be
no such pets are kept, bred or
:pose. All pets shall be
sh under the control of a
yen the pet is outside of a
allowed to enter upon any Lot
: is kept or upon the Common
responsible at all times for
it after a pet relieves itself
:opriately disposing of said
.ners on said Owner's Parcel.
right to order the removal of
nce, in the Board's sole and
the Board of Directors shall
pet owner, and the pet shall
y removed from the Property.
)mmercial Vehicles,. Boats,
or homes or other habitable
toned only upon the owner's
is designated therefor by the
. Association. Parking on
,ed.
9.4.2 No trucks and no ccumercial vehicles in excess of
5,000 pounds shall be stored or pa3,ked on any of the lots in the
subdivision or parked on any residen 'al street in said subdivision
except while engaged in transportin to or from a residence in the
subdivision.
9.4.3 No major work oi any motor vehicle will be
permitted within the subdivision. ft junk motor vehicles, boats or
other motor vehicles or trailers without a current license tag
shall be permitted, and failure to comply with this paragraph shall
constitute a nuisance which may be bated by the removal of the
motor vehicle, boat or trailer at t cost of the owner.
18
•
9.5 Temporary Structures.
temporary character such as, but
sheds or temporary or accessory bt
not incorporated in a dwelling
maintained on the Property, or any
approval of the Board of Directoz
apply to temporary structures
development, construction or sale
ESTATES.
r structures or .ec40:p of a
limited to, tents, s cks,
Sings or structures h are
shall be erected, k
art thereof without the pr
This restriction shall no
ied by Owner/Developer for
property throughout OAR RIDGE
9.6 Insurance. No owner sha permit or suffer anything to
be done or kept within his Lot, make any use of the Common
Property which will increase the rate of insurance on any portion
of the Property.
9.7 Nuisances. No use of
annoyance to Owners. or an interfere
and proper use of the Property by
Owner shall commit or permit any nu
activity in or about the property.
Owner shall knowingly or willfully
excessive or offensive noise or
peace, quiet and/or comfort of the
or disturbance to be made on his I
9.8 Outside Displays. No ou
affixed or attached to, hung, disp.
walls, doors, balconies or windows
prior written consent of the Board
consent of the Board of Director;
respect to the use of lawn furnitur
it be required with respect to 1
however, that furniture or equipmen-
lawn furniture and barbecue grills,
be removed so as not to interfere w
of the Homeowners Association or the
the terms hereof.
practice which is either an
e with the peaceful possession
3 Owners shall be allowed. No
ance or any immoral or illegal
For greater clarification, no
ike or create any unnecessary,
sturbance which destroys the
aners, or allow any such noise
er shall cause anything to be
Lyed or placed on the exterior
of his Dwelling, without the
of Directors, except that the
shall not be required with
or barbecue grills, nor shall
,e Owner/Developer. Provided,
including, but not limited to,
laced outside a dwelling shall
:h the maintenance obligations
4aster Association pursuant to
9.9 Antennae. No radio, television or other electronic
antennae, aerial (excluding a satellite receiving dish) or other
reception or transmission device may be erected or maintained
anywhere within the subdivision.
9.10 Subdivision of Lots. No
form a lot smaller than a platted I
or more entire Lots may be combinec
with the prior written approval of
larger Lot(s) shall then be defines
this Declaration, except that for F
"Lot" shall be assessed based on
combined.
19
got shall be re -subdivided to
t; provided, however that two
to form a larger lot, or lots
the Board of Directors; such
as the "Lot" for purposes of
rposes of Assessment, the new
he number of lots which are
•
u
9.11 Signs . Except in connec'
property throughout OAK RIDGE ESTA
advertisements or notices of any l
Sale" signs, shall be displayed t4
the Common Property, without the
Board of Directors. All "For S
approved by the Board of Director:
9.12 Easements. No Dwelling
built or maintained upon any eas
easements and rights -of -way sha.
accessible to the persons entitle
exception of any fences initially
9.13 Maintenance of Parcels.
kept in a clean and sanitary cond
garbage shall be allowed to accumt
to exist and all lawns shall be mo,
6 inches in height. In the event
Lot as aforesaid for a period of
Homeowners Association shall have
sole discretion, to remove any rub]
and/or growths deemed by the Homeo,
menace, fire hazard or a detractic
of OAK RIDGE ESTATES; provided, hou
days prior notice shall be given k
the Owner of such Lot before such
Association. In the event the Hou
notice, causes the subject work
event, the costs of such work, toi
the maximum rate allowed by the c:
Florida shall be charged to the 0%
the subject Lot, which lien shall
be enforced pursuant to the p
Declaration for the enforcement
homeowners.
9.14 Laundry. No portion o
drying or hanging of laundry, u
adequately screened from public vie
on the most inconspicuous part of
substantial and permanent construc
9.15 Underground Utilities.
and hook-ups shall be kept unde:
any kind shall be permitted.
9.16 Mailboxes and N
newspaper boxes must be of s
the Board of Directors.
20
on with development or of
S by Owner/Developer, nr4l
ns,
nd, with the exceptiono
the public view on any Lot,
*`
prior written approval of the***
.e" signs shall be in a form
c other Improvement, shall be
ant or right-of-way and said
at all times be open and
to the use thereof, with the
nstructed by Owner/Developer.
►11 Lots and Dwellings shall be
:ion and no rubbish, refuse or
ate or any fire hazard allowed
:d with grass growth limited to
to Owner fails to maintain his
t least thirty ( 30 ) days, the
the right, exercisable in its
.sh, refuse or unsightly debris
Lers Association to be a health
from the aesthetic appearance
ver, that at least fifteen (15 )
the Homeowners Association to
rork is done by the Homeowners
3wners Association, after such
be done, then, and in that
ther with interest thereon at
it usury laws of the State of
er and shall become a lien on
e effective, have priority and
)cedures set forth in this
of liens in favor of the
a Lot shall be used for the
ass such drying facility is
so that the laundry is placed
e Lot and is of a neat, safe,
on and installation.
secondary electrical conduits
id. No above ground wires of
Boxes. All mailboxes or
orm appearances prescribed by
•
C�
9.17 Rules and Regulations
Property. The Homeowners Assoc
Directors, shall regulate the use
Members and by Owners, and may fr
rules and regulations consistent v
the use thereof as it may deem to
Members and Owners. In the ei
adversely affect the rights of an
rules and regulations may no
Institutional Mortgagee without tt
Institutional Mortgagee. A co
regulations established hereunder
be made available to all Members a;
the Office of the Homeowners ;
regulations, and all provisions, re
Declaration, including, without 1,
contained herein, may be enforced
the Homeowners Association.
10.1 Assignment. Any of t1
easements and estates reserve
Owner/Developer of the Homeowners
the Owner/Developer or the Homeo,
assignment, the assignee shall have
be subject to the same obligat
Owner/Developer or the Homec
Owner/Developer or the Homeowners
released of all obligations with
obligations, easements or estates.
10.2 Notices. Any notices re
pursuant to this Declaration shall
personal delivery or by certified n
follows:
To the Owner/Develo
802 Southeast loth
Okeechobee, Florida
To the Homeowners A
OAK RIDGE ESTATES H
C/o 802 Southeast 1
Okeechobee, Florida
3tion, through its Bo d of
3f the Common Property by4 is
i time to time promulgate s h
th this Declaration, governing
ie in the best interest of its
nt any rules or regulations
Institutional Mortgagee, such
be enforced against such
prior written consent of such
of all of the rules and
d any amendments thereto shall
all Owners for inspections at
sociation. Such rules and
:rictions and covenants of this
itation, all use restrictions
r legal or equitable action of
rights, powers, obligations,
by, or granted to, the
isociation, may be assigned by
ers Association. After such
:he same rights and powers, and
)no and duties as were the
iers Association and the
iociation shall be relieved and
spect to such rights, powers,
:ed or permitted to be given
given or made in writing by
postage paid, addressed as
at:
34974
ociation at:
EOWNERS ASSOCIATION
h Avenue
34974
Any notice given in accordanc with the provisions of this
subsection shall be deemed to k effective. If personally
delivered, on the date of such deli ry, or if mailed by certified
21
•
mail, on the date upon which tt
delivery is refused or the notb
authorities as not deliverable, as
give notice to -each of the other pA
for the purposes of giving notic
thereafter, until changed by like
such party for all purposes of the
return receipt is siW44% or
is designated by the post,
.e case may be. Each party y
ies of a change of its addres
under this subsection, which
tice, shall be the address of
Declaration.
10.3 Notice to Mortgagees. Upon written request to the
Homeowners Association, identifying the name and address of the
Institutional Mortgagee, insurer or juarantor and the Lot address,
any Institutional Mortgagee, insur8r or guarantor shall be entitled
to receive timely written notice of the following:
10.3.1 Any condemnationj Or casualty loss that affects
either a material portion of the roperty or Lots securing its
mortgage;. M
10.3.2 Any sixty (60) da delinquency in the payment of
Assessments or charges owed by the4ywner of any Lot on which the
Institutional Mortgagee, insurer o guarantor, hold a mortgage;
10.3.3 A lapse, cancella
any insurance policy or fidelity be
Association;
10.3.4 Any proposed actj
a specified percentage of mortgage
10.4 Rights of Owners and Ing
copies of the Declaration, Artic:
rules and other books, records,
statements of the Homeowners A
inspection, upon request, by
Mortgagees, insurers and guarantor
Lot and their authorized represen
hours and under other reasonable c
10.5 Covenants Running with
covenants, conditions, restrictions
provisions contained herein shall <
Property and each portion thereof
shall be binding upon the Owners of
be binding upon the Owners of any p
to the benefit of the Owner/Develo;
and the Owners.
10.6 Enforcement. Enforcemen
and provisions of this Declaration
or in equity against any person or
to violate same, or against a Lot o:
any lien created by this Decla.
22
n or material modification of
maintained by the Homeowners
that requires the consent of
lders.
.tutional Mortgagees. Current
3 of Incorporation, By -Laws,
igal documents and financial
ociation shall be open to
iers and all Institutional
holding a first mortgage on a
tives during normal business
cumstances.
3 Property. The agreements,
Assessments, liens and other
stitute a servitude upon the
hall run with the Property,
iy portion thereof, and shall
:ion thereof, and shall inure
, the Homeowners Association
f the restrictions, covenants
all be by a proceeding at law
:sons violating or attempting
ther real property to enforce
ion. The failure to the
•
is
Owner/Developer, the Homeowners
Owner to enforce any of the provis
no event be deemed to constitute
thereafter.
10.7 Amendment. This Decl
recordation of an appropriate ins
the County, subject however, to t
10.7.1 Except as provi
must be approved by a vote of a maj
however, that until such time as tl
control of the Association as descr.
include the joinder of the Owner/Di
10.7.2 The Owner/DeveL
itself, its successors and assigns,
right to alter, modify, change, re
all of the provisions contained in
the Homeowners Association, the Mem
and all other individuals and enti
consent to such changes. Such
Property or only specific portions
subject to applicable governmental
10.7.3 No amendments or
to the exhibits hereto shall be of
validity or priority of a first mo
Mortgagee encumbering a Lot, or 1
granted herein the Institutional !
consent thereto by the Institution
the mortgage encumbering the Lot,
with the formalities required fo:
amendment.
10.7.4 Rights of So
District. No amendment or chan(
exhibits hereto shall be effective'
Water Management System or impair
Water Management District, without
South Florida Water Management Dis
iociation, any MembVkbr any
s of this Declaration shto
in
waiver of the right to 0
tion may be amended upon the
meet in the public records of
following provisions:
d hereinbelow, the amendment
ity of the Members, provided,
Owner/Developer relinquishes
.d herein, all amendments must
3lover. .
sr specifically reserved for
he absolute and unconditional
ke, rescind or cancel any or
its Declaration. The Owners,
rs, Institutional Mortgagees,
es hereby waive any right to
ghts may affect the entire
f the Property, but shall be
)Provals.
hanges to this Declaration or
ctive to affect or impair the
gage held by an Institutional
affect or impair the rights
-tgagees, without the written
Mortgagee owning and holding
ich consent shall be executed
deeds and recorded with the
to this Declaration or the
affect or impair the Surface
e rights of the South Florida
e prior written consent of the
ict.
10.7.5 Any duly adopte amendment to the Declaration
shall run with and bind the Proper for
herein. the same period, and to
the same extent as do the covenant
ovens t and restrictions set forth
10.8 Duration. All of :h:ljollnants, restrictions and other
provisions contained herein hrUn with and bind the Property
for a term of fifty (50) years from is date of recordation of this
Declaration, after which time they i hall be automatically extended
for successive periods of ten (10) y B tro each, unless an instrument
23
•
U
executed by at least seventy-five percent
then existing, and by all Institutional
recorded, agreeing to change or terminate
restrictions..
A
(75%) of the Me/ms,
Mortgagees, has Aen
these covenants a d
10.9 Gender and Number. The 00e of the singular herein shall
include the plural, and the use o the gender shall include all
gender.
10.10 Severability. Invalida i n of any one of the covenants
or restrictions contained herein by judgment or court order shall
in no way affect any other provision hereof, which shall remain in
full force and effect.
10.11
of the Homeowners Association and ai
the Board shall be indemnified
against all expenses and liabili
incurred by or imposed upon him in
to which he may be a party or in A
reason of his being or having been
member of the Homeowners Associas
director, officer or committee membi
at the time such expenses are incur
the director, officer or commits
Association is adjudged guilty
malfeasance in the performance of
that in the event of any claim for r
hereunder based upon a settlement
committee member of the Homeown
reimbursement or indemnification, t
apply only if the Board of Director
reimbursement as being in the bey
Association. The foregoing rights
addition to and not exclusive of
officer, director of committee membe
may be entitled.
10.12 Dissolution. In the
Homeowners Association, for whatever
the Circuit Court of the Fifteenth
Florida for the appointment of a re
the dissolved Homeowners Associate
place and instead of the Homeowner
provisions as may be necessary for
affairs of the dissolved Homeowne
Property.
i. Every director and officer
committee member appointed by
the Homeowners Association
, including attorneys fees,
onnection with any proceeding
Lch he may become involved by
lirector, officer or committee
on, whether or not he is a
of the Homeowners Association
id, except in such cases where
e member of the Homeowners
of willful misfeasance or
Ls duties; provided, however,
,mbursement or'indemnification
by the director, officer or
*s Association seeking such
: indemnification herein shall
approves such settlement and
interests of the Homeowners
r indemnification shall be in
1 other rights to which such
of the Homeowners Association
vent of dissolution of the
reason, any Owner may petition
licial Circuit of . the State of
iver to manage the affairs of
� and the Common Property in
Association and'to make such
e continued management of the
Association and the Common
10.13 Plats. In addition to is Declaration, the Property
shall be subject to the additi§#al covenants, restrictions,
reservations and other terms and pr isions set forth in the plats
24
11
E
of any portion of the Property,
recorded in the public records of
10.14 Non -Condominium.
10.14.1 The Homeowners
this Declaration and the Arti
Homeowners Association is expi
condominium association and is
Florida Statutes, Chapter 718 (19
10.14.2 The Common P
condominium property under Florida
is not part of the common elements
which are recorded or/t be
he County.
ssociation created pursuant to
as of Incorporation of the
sly not intended to be a
t created in accordance with
10.15 Captions. The captions us
exhibits annexed hereto and the ame
solely as a matter of convenience a
used in construing the text of this
hereto or amendments thereof.
10.16 Owner/Developer's Righ
provisions in this Declaration to t
is irrevocably empowered to sell o:
purchasers or lessees, for so long
RIDGE ESTATES. Also, for so long
any use rights to any property at
Owner/Developer, its agents or emp
transact any business necessary t
throughout OAK RIDGE ESTATES, inc]
right to maintain office(s) on thq
selected by the Owner/Developer, tc
to construct and maintain other at
are necessary or desirable for the
throughout OAK RIDGE ESTATES, incl
models; to post and display a sigi
Owner/Developer or on the Common I
Property and to show Lots. Sale
structures and appurtenances perta'
of property within OAK RIDGE EST
Common Property and shall re
Owner/Developer.
10.17 Effective Date. This
upon its recordation in the Public
25
ierty is not intended to be
atutes, Chapter 718 (1987) and
f any condominium.
i in this Declaration and the
dments thereof are inserted
shall not be relied upon or
Declaration or any exhibits
I. Notwithstanding any other
:contrary, the Owner/Developer
lease Lots on any terms to any
3s it owns any property in OAK
Ls Owner/Developer owns or has
ject to this Declaration, the
)yees, shall have the right to
consummate sales of property
ding, but not limited to, the
Property in location(s) to be
lave employees in such offices,
ictures or appurtenances which
ivelopment and sale of property
ling without limitation, sales
or signs on any Lots owned by
operty; and to use the Common
office signs and all other
ing to the sale or development
CBS, shall not be considered
ain the property of the
laration shall be effective
cords of the County.
U
•
IN WITNESS WHEREOF, the Ow
Declaration to be executed in its
above written.
Signed, Sealed and Delivered
in the presence of:
ATTEST
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
The foregoing instrument was i
Public duly authorized in the State
W. THOMAS and BONNIE S. THOMAS, pe=
not take an oath.
r/Developer has cau this
game, the date and y r fyst
AK RIDGE ESTATES 4( 4j��
JOHN W. THOMAS
BONNIE S. THOMAS
wledged before me, a Notary
County above named, by JOHN
lly known to me and who did
WITNESS my hand and official seal in the County and State
above named this day of "C, 993.
OAR RIDGE ESTATES HOMEOWNERS
for -profit corporation, hereby
Covenants and Restrictions for
perform its obligations as conta.
Signed, Sealed and Delivered
in the presence of:
ATTEST: Bonnie S. Thomas
Secretary
26
ARY PUBLIC, STATE OF FLORIDA
Commission Expires:
ICIATION, INC., a Florida not -
no in this Declaration of
sole purpose of•agreeing to
herein.
RIDGE ESTATES HOMEOWNERS
OCIATION, INC., a Florida
-for-profit corporation
JOHN W. THOMAS, President
STATE OF FLORIDA ,
COUNTY OF OKEECHOBEE
The foregoing instrument was acknowledged before me, a Notary
Public duly authorized in the State and County above named, by JOHN
W. THOMAS and BONNIE S. THOMAS, President and Secretary of OAK
RIDGE ESTATES HOMEOWNERS ASSOCIATION,, a Florida corporation, on
behalf of the corporation.
WITNESS my hand and officia seal in the County and State
above named this day of "C 1993.
DECLAR.MAY
27
AXX VUBLIUr STATE OF FLORIDA
Commission Expires:
CITY OF OKEECHOBEE
11
TO: John J. Drago, Administrator
THRU:
THRU:
FROM: Keith Toney, Fire Chie4�
DATE: August 3, 1993
SUBJECT: Cost of HBV Shots
Per our conversation at the staff meeting August 2nd, the City must offer and
provide HBV shots. The cost for the shots re $10,920. This is mandated by CFR
Part 1910.1030 Occupational Exposure to Blo borne Pathogens. The City could be
subject to fines if we do not comply with t s.
Knepper&Willard, inc.
Civil . Environmental Engineers
August 10, 1993
John J. Drago
City Administrator
City of Okeechobee
55 S.E. Third Avenue
Okeechobee, FL 34974-2934
Re: 1993 Road Improvements
K&W Proj. No. 7218-91
Dear Mr. Drago:
Enclosed are five (5) copies of Application for Payn
for the referenced project, which is being conducted
contract. We have reviewed this pay request and i
to date, and recommend that payment be made to
If you have any questions, please contact us.
Very truly yours,
KNEPPER WILLARD, INC.
Daniel S. Willard, P.E.
cc: Chuck Elders
3030 N. Rocky Point Drive West
Suite 570
Tampa, Florida 33607-5905
No. 3 from Better Roads of Lake Placid, Inc.
:hange order to the 1992 Road Improvements
that it fairly represents the work completed
contractor, in the amount of $24,930.40.
Hillsborough (813) 281-0120
Pinellas (813) 821-3291
FAX (813) 281-1156
Is
BE R ROA S
OF LAKE PLACID INC.
City of Okeechobee
55 S.E. 3rd Avenue
Okeechobee, Florida 33472
RE: Change Order No. One (1)
1992 Road Improvements C
City of Okeechobee
Sunlary for Pending
TOTAL COMPLEM To DAM/jo��
1% Rkhnjjjrj �A., �
TOTAL • •1 I's1 ;r. :+DIY- i'�..,r,•
PREVIOUS PAMMMm 28,
� I
1R .
CMUMT PAMIMDUE
The undersigned Contractor certif
knowledge, information and belief
for Payment has been completed in
Documents, that all amounts have I
Work for which previous Certificat
Payments received from the Owner,
herein is now due.
CONTRACTOR:
<F
Order No. One (1)
4Trg3.9l'
S or7•4e
d04. S0,
24, 430./0
that to the best of the Contractor's
a Work covered by this Application
:ordance with the Contract
paid by the Contractor for
for Payment were issued and
that;�'iown
NO�7fr'
'i NEy C;,mm Exp. 3"6-96
C0r�9d &/ Service Ins. CO.
14o. CC182277
KOW
DATE: August 6, 1993
s
DATE:
P.O. BOX i9o8 - LAKE PLACID, FLORIDA 33852
(813) 465-5797 • FAX (813) 597-6609
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R�ONIO�',1�
A
DUM
TO: Mayor, Councilmembers and Administrator Drago DATE: 08/17/93
THRU:
THRU: SUBJECT: Sunshine Pipeline
FROM: Bonnie S. Thomas, City Clerk Project Meeting
Mr. Bill Boe representing the Sun:
my office yesterday,(Aug. 16, 199:
all interested parties:
Sunshine Pipeline Project rep
an open format and examples
24th, from 4 to 7 p.m. at the
representatives will be in a
representatives from St. P
meeting, as well as Ecology
Tallahassee. This project is
will run from Crestview to 0
Should the Council wish to contac
in Gainsville and the telephone n
Thank youll
ne Pipeline Project telephoned
with the following message for
sentatives will be holding
Deting on Tuesday, August
'ier II Group Roos. ANR's
endance from Detroit, FPL
.ersburg will be at the
Environmental, Inc. from
natural gas pipeline that
echobee.
Mr. Boe, his office is located
ber is 904/331-0331.