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2018-02-20
CITY OF OKEECHOBEE FEBRUARY 20, 2018, REGULAR CITY COUNCIL MEETING 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION PAGE 1 OF 6 II AGENDA b COUNCIL ACTION - DISCUSSION - VOTE U CALL TO ORDER - Mayor February 20, 2018, City Council Regular Meeting, 6:00 P.M. OPENING CEREMONIES: Invocation given by Pastor Doug Ryan, Treasure Island Baptist Church; Pledge of Allegiance to be led by Mayor Watford. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Council Member Noel A. Chandler Council Member Monica M. Clark Council Member Mike O'Connor Council Member Gary Ritter City Attorney John R. Cook City Administrator Marcos Montes De Oca City Clerk Lane Gamiotea Deputy City Clerk Bobbie Jenkins Fire Chief Herb Smith Police Chief Bob Peterson Public Works Director David Allen IV. AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. Mayor Watford called the February 20, 2018, Regular City Council Meeting to order at 6:00 P.M. The invocation was offered by Pastor Don Hanna of the First United Methodist Church in Pastor Doug Ryan's absence; the Pledge of Allegiance was led by Mayor Watford. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present Mayor Watford asked whether there were any additions, deferrals, or withdrawals on today's agenda. New Business Item F, Exhibit 5 was added. Mayor Watford opened the floor for public comment on matters not on the agenda. One card was received from Mrs. Jennifer Tewksbury of the Economic Council of Okeechobee requesting an update on the Marvin Brantley Code Enforcement Case No. 2004-CA-309. Attorney Cook stated the necessary court documents were filed at the end of January. The hearing is scheduled for March 29, 2018, at 10:00 A.M. He added Code Enforcement will be issuing a Notice of Violation for the properties located to the immediate North (1811 South Parrott Avenue) and South (2000 Block of South Parrott Avenue) of Mr. Brantley's. 1 FEBRUARY 20, 2018 - REGULAR MEETING - PAGE 2 OF 6 273 1 II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II V. PROCLAMATIONS AND PRESENTATIONS - Mayor A. Proclaim the week of February 18 through 24, 2018, as "National Engineers Week." VI. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the February 6, 2018, Regular Meeting minutes. VII. WARRANT REGISTER - City Administrator A. Motion to approve the January, 2018 Warrant Register: GeneralFund................................................................. Other Grants Fund (Community Development Block Grant-TMDL) Public Facilities Improvement Fund .............................. Capital Improvement Projects Fund .............................. Appropriations Grant Fund ............................................ VIII. NEW BUSINESS .$743,189.74 $ 35,227.61 $ 12,686.00 $ 2,114.51 $ 940.66 A. Consider an appointment to the Planning Board/Board of Adjustment/Design Review Board - City Clerk (Exhibit 1). Mayor Watford proclaimed February 18 through 24, 2018, as National Engineers Week, presenting the document to Administrator MontesDeOca and reading the following into the record: "Whereas, engineers have used their scientific and technical knowledge and skills in creative and innovative ways to fulfill society's needs; and Whereas, engineers face the major technological challenges of our time - from rebuilding towns devastated by natural disaster, cleaning up the environment, and assuring safe, clean, and efficient sources of energy, to designing information systems that will speed our country into the future; and Whereas, engineers are encouraging our young math and science students to realize the practical power of their knowledge; and Whereas, we will look more than ever to engineers and their knowledge and skills to meet the challenges of the twenty-first century. Now Therefore,l, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim February 18 through 24, 2018, as `NATIONAL ENGINEERS WEEK' in the City of Okeechobee." Council Member O'Connor moved to dispense with the reading and approve the Summary of Council Action for the Regular meeting of February 6, 2018; seconded by Council Member Clark. There was no discussion on this item. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Council Member Ritter moved to approve the January, 2018 Warrant Register in the amounts: General Fund, seven hundred forty-three thousand, one hundred eighty-nine dollars and seventy-four cents ($743,189.74); [Other Grants Fund] Community Development Block Grant-TMDL Grant, thirty-five thousand, two hundred twenty-seven dollars and sixty-one cents ($35,227.61); Public Facilities Improvement Fund, twelve thousand, six hundred eighty-six dollars and zero cents ($12,686.00); Capital Improvement Projects Fund, two thousand, one hundred fourteen dollars and fifty-one cents ($2,114.51); and Appropriations Grant Fund, nine hundred forty dollars and sixty-six cents ($940.66); seconded by Council Member O'Connor. There was no discussion on this item. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Due to the recent passing of Mr. William O'Brien, a vacancy has been opened on the Planning Board for an Alternate Member. The Clerk's Office has had an application on file for this Board since March of 2017 and the applicant is still interested in serving on a citizen board. The application was provided to the Mayor and Council for review. FEBRUARY 20, 2018 - REGULAR MEETING - PAGE 3 OF 6 274 AGENDA COUNCIL ACTION - DISCUSSION - VOTE Vill. NEW BUSINESS CONTINUED A. Consider an appointment to the Planning Board/Board of Motion and second by Council Members Ritter and Clark to appoint Mr. Robert J. Jarriel, Sr. to the Planning Board/Board of Adiustment/Design Review Board as an Alternate Member, term from February 21, 2018 to AdjustmenUDesign Review Board continued. April 30, 2021 (replacing Mr. William O'Brien). Mr. Jarriel was in attendance. Council Member O'Connor noted his hesitation to make the appointment based on Mr. Jarriel's limited time of living in Okeechobee. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA C'CONNOR — NO RITTER — YEA MOTION CARRIED. B. Consider an appointment to the Police Officers' Pension Board of The memorandum within Exhibit Two explained, Mr. Bill Bartlett, who served as the City's appointee to the Police Trustees - City Clerk (Exhibit 2). Pension Board of Trustees, did not request to be re -appointed at the end of his term, September 30, 2017. The City Clerk's Office has been advertising for a resident to apply. Mr. Dallon Boyd is the only application received to date. The application was provided to the Mayor and Council for review. Mr. Boyd was unable to attend the meeting as he was out of town. Motion and second by Council Members O'Connor and Chandler to appoint Mr. Dallon W. Boyd to the Municipal Police Officers' Fund Board of Trustees, term from February 21, 2018 to September 30, 2021 (replacing Mr. Bill Bartlett). VOTE; WATFORD a YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. C. Update from Okeechobee Utility Authority - John Creasman, Chairman. Okeechobee Utility Authority (OUA) Board Chair, Mr. John Creasman, appeared before the Council to provide a quarterly update on current and past operations of the OUA as per the Fourth Amendment to the Inter -Local Agreement recently adopted. Policies and procedures were set for mandatory removal of septic tanks in connection to sewer systems when a centralized sewer system becomes available, and mandatory connection for residential and commercial properties to the OUA water distribution systems when made available. In the area of Capital Improvement Projects, construction. was completed on the Bet -Her Acres water distribution system last year; constructions of several water and wastewater distribution systems in the Pine Ridge Park area were also completed. OUA assumed Pine Ridge Park under trusteeship from the County. 1 FEBRUARY 20, 2018 - REGULAR MEETING - PAGE 4 OF 6 275 1 AGENDA Vlll. NEW BUSINESS CONJ i INUED C. Update from Okeechobee Utility Authority continued. D. Discuss Signage Ordinance - City Administrator (Exhibit 3). COUNCIL ACTION - DISCUSSION - VOTE New Projects: The two storage tanks (500,000 gallon and 1,000,000 gallon) at the surface water plant on State Road 78 are costing too much in repairs and maintenance. An engineer has been hired to design and construct a new above ground water tank with a three million gallon capacity. The old tanks will be demolished at conclusion of the construction of the new tank. Expansion: The design and permitting process has been initiated for the water distribution center to be located in the Whispering Pines area; construction is to begin sometime in the late spring or early fall. OUA is currently applying for financial assistance for the Treasure Island Wastewater Systems project. The status of financial support will be available sometime late spring or early summer. There are approximately 2,600 active septic tanks in the Treasure Island and Taylor Creek area combined. The receipt of financial assistance will determine if the project can move forward. Presently there are 9,230 water connections and 4,260 wastewater connections in Okeechobee. The average daily flow of potable water is 2,543,000 gallons per day and 828,000 gallons in wastewater per day. The approved Fiscal Year 2018 Operating Budget estimates $10,400,000.00 in Revenue and $10,300,000.00 in Expenses, adding there will not be a rate increase this Fiscal Year. OUA has not been contacted regarding the Bass Pro project to date. The Board recently reduced the connection fee by 75 percent to alleviate the cost of connection where available. Currently OUA is advertising the sale of three surplus properties. Lastly, the OUA volunteered their deep injection well as a test well for the South Florida Water Management District (SFWMD) for the Everglades Restoration Project. To date, very little movement on the subject has been initiated by SFWMD. Council Member Ritter expressed his appreciation to OUA Executive Director John Hayford for initiating the use of the well. The Council thanked Mr. Creasman for the update and looks forward to hearing from him again in three months. No official action was required on this item. Exhibit Three contained a copy from the Code of Ordinances, Division 5 - Signs regulations. Administrator MontesDeOca explained this Section of the Code of Ordinances was brought before Council to discuss possible amendments and/or revisions. Council Member Clark asked for this discussion to review this ordinance, specifically Sections 90-572 Building Signs, 90-573 Limitations on the number and type of signs, and 90-583 Nonconforming signs. The Town of Lake Placid's Sign Ordinance was brought up as reference and the Council requested a copy be forwarded to them for review. Mayor Watford instructed Clerk Gamiotea to distribute this ordinance to the Council. After fur:.her discussion, the consensus of the Council was to request City Staff, especially General Services Staff and Building Official Newell, provide proposed amendments to the Sign Regulations and include either variance procedures or an appeal process to the Planner for presentation to the Planning Board as a Land Development Regulation amendment application. 27 FEBRUARY 20. 2018 - REGULAR MEETING - PAGE 5 OF 6 II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II Vill. NEW BUSINESS CONTINUED E. Discuss Landscaping Ordinance - City Administrator (Exhibit 4). ITEM ADDED TO THE AGENDA: F. Motion to approve the sale of Lots 13 and 14 of the City of Okeechobee Commerce Center - City Administrator (Exhibit 5). Exhibit Four contained a copy from the Code of Ordinances, Division 4 - Landscaping regulations. Council Member Clark requested the Council discuss possible revisions, specifically Sections 90-532 Required Landscaping and 90-534 Required residential and nonresidential buffer areas. She added the regulations should have more flexibility for commercial properties. Administrator MontesDeOca explained the amount of the required landscaping is not as important as the maintenance. Council Member Ritter provided the South Florida Water Management District's Xeriscape Plant Guide has been changed to the Florida -Friendly Landscaping Guide. After further discussion, the consensus of the Gouncil was to have City Staff refer any proposed amendments to the Planner to present to the Planning Board as a II Land Development Regulation amendment application. Council Members Chandler and O'Connor moved to approve the sale of Lots 13 and 14 to Mr. Karl Davis in the amount of $263,000.00. LEGAL DESCRIPTION: CITY OF OKEECHOBEE COMMERCE CENTER LOT 13 AND 14 LESS THAT PORTION OF LOT 13 AND 14 LYING IN THE FOLLOWING DESCRIPTION: A STRIP OF LAND LYING IN LOTS 13 AND 14, CITY OF OKEECHOBEE COMMERCE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 10 THROUGH 14 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 13; THENCE SOUTH 00o16' 17" EAST ALONG THE WEST LINE OF SAID LOT 13, A DISTANCE OF 202.34 FEET TO THE POINT OF BEGINNING; THENCE NORTH 90o00'00" EAST, A DISTANCE OF 669.48 FEET TO THE EAST LINE OF SAID LOT 13; THENCE SOUTH 00o36'51" EAST ALONG SAID EAST LINE A DISTANCE OF 0.16 FEET TO THE EASTERLY MOST SOUTHEAST CORNER OF SAID LOT 13; THENCE SOUTH 01o46'17" WEST, THROUGH SAID LOT 14, A DISTANCE OF 64.87 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 14, THENCE NORTH 90o00' 00' WEST ALONG SAID SOUTH LINE, A DISTANCE OF 627.63 FEET TO THE WEST LINE OF SAID LOT 14 AND A POINT ON THE ARC OF A NON - TANGENT CURVE CONCAVE SOUTHWESTERLY (SAID POINT BEARS N 84058'59" EAST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE NORTHWESTERLY ALONG SAID WEST LINE AND ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 78.00 FEET, A DELTA OF 41 o44'30" AND AN ARC DISTANCE OF 56.83 FEET TO THE NORTHWEST CORNER OF SAID LOT 14; THENCE CONTINUE NORTHWESTERLY ALONG THE WEST LINE OF SAID LOT 13 AND ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 78.00 FEET, A DELTA OF 14o1122" AND AN ARC DISTANCE OF 19.32 FEET; THENCE NORTH 00o16'17" WEST ALONG SAID WEST LINE, A DISTANCE OF 3.64 FEET TO THE POINT OF BEGINNING. The projected closing date is on or before May 17, 2018. A clause has been added to the contract giving five years to develop the property. After five years with no development, a $10,000.00 fine will be applied per year until the property is developed. The City also retains the right of first refusal should they wish to resale the lots. FJ 1 FEBRUARY 20, 2018 - REGULAR MEETING - PAGE 6 OF 6 277 1 AGENDA VIII. NEW BUSINESS CONTINUED ITEM ADDED TO THE AGENDA: F. Motion to approve the sale of Lots 13 and 14 of the City of Okeechobee Commerce Center continued. WATFORD — YEA O'CONNOR — YEA COUNCIL ACTION - DISCUSSION - VOTE VOTE: CHANDLER — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. IX. ADJOURNMENT - Mayor Please take notice and be advised that when a person decides to appeal any decision made by the City Council with There being no further discussion, nor items on the agenda, Mayor Watford adjourned the meeting at 7:04 P.M. The respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are next regular scheduled meeting is March 6, 2018. for the sole purpose of backup for official records of the Clerk. ATTEST: •�' N 1 Lane Glimiotea, CIM City Clerk A ti Dowl' g R. Watfor ; Jr:, Mayor INDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County F orida, that_ the attached copy of advertisement being a P LC N6-� C(22 in the matter of N' O-A in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of -�I11-FI)-C)i Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this C' �4� day of AD Notary Publil tale of Florida at Large eta► �� 1 rya � ►UQ`4 ANGIE BRIDGES - WCOMMISSION#FF978149 EXPIRES:Apr120,2020 IWXW • 1, 1111, TNu NobN Pubk Undendbm Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 PUBLIC NOTICE CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN that the Gty Council for the Ty 0' Okeecho- bee will conduct a regular meeting on Tues, February 20, 2018, 6 PM, or as soon thereafter as possible, at CRy Hall, 55 SE 3rd Ave, R. 200, Ok, chobee, FL The ppuublic (s Invited and encouraged to attend. The agenda may be obtained from fokeechobee.com or by calling the Office of the City Administrator, 863- 63.3372 eut. 9812. ANY PERSON DECIDING TO APPEAL any derision made by the Gty Council wdh respect to arty matter considered at this meeting I need to ensure a verbatim record of the proceeding B made and the record includes the tesbmorry and eNdence upon which the appeal will be based. In accor- dance with the Amerions wdh Disabilities Act (ADA), arty person with a dBabilrty as defined by the_ADA, that needs special attommodation to par- tldpate Ib th6 proceeding, contact the Gty Clerk's Office no later than two business days prior to proceeding, 863-763-3372 ext. 9814. BE ADVISED that should you intend to show any doament, picture, video or'items to the Council in support or opposition to arty item on the agenda, a coppyy of the document,, picture, video, or Item MUST be provkfed [o the City aerk for the City's records. BByy Mayor DovAingg R. Watford, Jr. 484M ON 2/14/2018 oli�lie: e qy 426 �►'� PKAy`. � V, IV. �rt CITY OF OKEECHOBEE r 55 SE 3RD AVENUE ♦ COUNCIL CHAMBERS ♦ OKEECHOBEE, FL 34974 o FEBRUARY 20 2018 * g' REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA CALL TO ORDER — Mayor: February 20, 2018, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Pastor Doug Ryan, Treasure Island Baptist Church; Pledge of Allegiance led by Mayor Watford COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Council Member Noel Chandler Council Member Monica Clark Council Member Mike O'Connor Council Member Gary Ritter Attorney John R. Cook Administrator Marcos Montes De Oca Clerk Lane Gamiotea Deputy Clerk Bobbie Jenkins Public Works Director David Allen Police Chief Bob Peterson Fire Chief Herb Smith AGENDA AND PUBLIC COMMENTS — Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. B. Public participation for any issues not on the agenda — Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. PAGE 1 OF 2 February 20, 2018 PAGE 2 of 2 V. PROCLAMATIONS AND PRESENTATIONS A. Proclaim the week of February 18 — 24, 2018 as "National Engineers Week." VI. MINUTES — City Clerk A. Motion to approve the Summary of Council Action for the February 6, 2018 Regular Meeting. VII. WARRANT REGISTER — City Administrator A. Motion to approve the January 2018 Warrant Register. General Fund $743,189.74 Community Development Block Grant Fund (TMDL Grant) $ 35,227.61 Public Facilities Improvement Fund $ 12,686.00 Capital Improvement Projects Fund $ 2,114.51 Appropriations Grant Fund $ 940.66 VIII. NEW BUSINESS A. Consider an appointment to the Planning Board/Board of Adjustment/Design Review Board — City Clerk (Exhibit 1). B. Consider an appointment to the Police Officers' Pension Board of Trustees — City Clerk (Exhibit 2). C. Update from Okeechobee Utility Authority — John Creasman, Chairman D. Discuss Signage Ordinance — City Administrator (Exhibit 3). E. Discuss Landscaping Ordinance — City Administrator (Exhibit 4). IX. ADJOURN MEETING — Mayor PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk recordings are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the City Clerk for the City's records. City of Okeechobee, February 20, 2018 Meeting Minutes taken during the meeting by Lane Gamiotea I. CALL TO ORDER: Mayor Watford called the Regular City Council Meeting to order on February 20, 2018, at 6:00 P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974. II. OPENING CEREMONIES: The invocation was offered by Rastor Don Hannah First United Methodist Church in Pastor Doug Ryan's absence; the Pledge of Allegiance was led by Mayor Watford. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Present Council Member Noel Chandler Present Council Member Monica Clark Present Council Member Mike O'Connor Present Council Member Gary Ritter Present City Attorney John R. Cook Present City Administrator Marcos MontesDeOca Present City Clerk Lane Gamiotea Present Deputy City Clerk Bobbie Jenkins Present Fire Chief Herb Smith Present Police Chief Bob Peterson Present Public Works Director David Allen Present IV. AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. Mayor Watford asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda? Add New Business Item F, Exhibit 5. B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. Mayor Watford asked whether there were any comment cards presented for public comment. There was one by Jennifer Tewksbury of the Economic Council of Okeechobee requesting an update on the Marvin Brantley Code Enforcement Case. Cook, filed necessary court doucments end of January, told the status of the land sale should clear up in January, apparently it has not. Last week checked court schedule, first date available in March 29, 10#0 AM. Motin same as previous two filed. Comply with consent agreement or face ....... Im told today that code enforcement filing additional violations to the north and south of marvins, join the property and have issues. Watford the wheels of justice turn slowly. To Jennifer is that sufficient? Yes thank you. V. PRESENTATIONS AND PROCLAMATIONS — Mayor A. Proclaim the week of February 18 — 24, 2018 as "National Engineers Week. " Mayor Watford proclaimed February 18 through 24, 2018, as National Engineers Week, presenting the document to Administrator MontesDeOca and reading the following into the record: "Whereas, engineers have used their scientific and technical knowledge and skills in creative and innovative ways to fulfill society's needs; and Whereas, engineers face the major technological challenges of our time - from rebuilding towns devastated by natural disaster, cleaning up the environment, and assuring safe, clean, and efficient sources of energy, to designing information systems that will speed our country into the future; and Whereas, engineers are encouraging our young math and science students to realize the practical power of their knowledge; and Whereas, we will look more than ever to engineers and their knowledge and skills to meet the challenges of the twenty-first century. Now Therefore, 1, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor of the City of Okeechobee, Page 1 of 5 Florida, do hereby proclaim February 18 through 24, 2018, as `NATIONAL ENGINEERS WEEK' in the City of Okeechobee." VI. MINUTES — City Clerk A. Motion to approve the Summary of Council Action for the February 6, 2018, Regular Meeting Minutes. Council Member O'Connor moved to dispense with the reading and approve the Summary of Council Action for the Regular meeting of February 6, 2018; seconded by Council Member Clark. There was no discussion on this item. WATFORD — YEA O'CONNOR — YEA VOTE: CHANDLER — YEA RITTER — YEA VII. WARRANT REGISTER — City Administrator A. Motion to approve the January, 2018 Warrant Register: General Fund Community Development Block Grant Fund (TMDL Grant) Public Facilities Improvement Fund Capital Improvement Projects Fund Appropriations Grant Fund CLARK — YEA MOTION CARRIED. $743,189.74 $ 35,227.61 $ 12,686.00 $ 2,114.51 $ 940.66 Council Member Ritter moved to approve the January, 2018 Warrant Register in the amounts: General Fund, seven hundred forty-three thousand, one hundred eighty-nine dollars and seventy-four cents ($743,189.74); [Other Grants Fund) Community Development Block Grant-TMDL Grant, thirty-five thousand, two hundred twenty-seven dollars and sixty-one cents ($35,227.61); Public Facilities Improvement Fund, twelve thousand, six hundred eighty-six dollars and zero cents ($12,686.00); Capital Improvement Projects Fund, two thousand, one hundred fourteen dollars and fifty-one cents ($2,114.51); and Appropriations Grant Fund, nine hundred forty dollars and sixty-six cents ($940.66); seconded by Council Member O'Connor. There was no discussion on this item. WATFORD — YEA O'CONNOR — YEA VOTE: CHANDLER — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. Vill. NEW BUSINESS A. Consider an appointment to the Planning Board/Board of Adjustment/Design Review Board — City Clerk (Exhibit 1). One of the Planning Board Members recently passed away (Mr. William O'Brien). We have had an application on file since March of last year and the applicant is still interested in serving on a citizen board. The application was provided for review. Motion and second by Council Members Ritter and Clark to appoint Mr. Robert J. Jarriel, Sr. to the Planning Board/Board of Adjustment/Design Review Board as an Alternate Member, term from February 21, 2018 to April 30, 2021 (replacing Mr. William O'Brien). Ritter, appreciate you willingness to serve. O'Connor lived here one, don't think enough time to know what we need in Okeechobee. WATFORD — YEA O'CONNOR — No VOTE: CHANDLER — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. Page 2 of 5 B. Consider an appointment to the Police Officers' Pension Board of Trustees — City Clerk (Exhibit 2). The memorandum within Exhibit Two explained, Mr. Bill Bartlett, who served as the City's appointee to the Police Pension Board of Trustees, did not request to be re -appointed at the end of his term, September 30, 2017. The City Clerk's Office has been advertising for a resident to apply. Mr. Dallon Boyd is the only application they have received to date. The application was provided for review. Motion and second by Council Members O'Connor and Chandler to appoint Mr. Dallon W. Body to the Municipal Police Officers' Fund Board of Trustees, term from February 21, 2018 to September 30, 2021 (replacing Mr. Bill Bartlett). Mr. Boyd was unable to attend the meeting tonight as he is out of town. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. C. Update from Okeechobee Utility Authority — John Creasman, Chairperson OUA Chair John Creasman appeared before the City Council to provide an update. Set policies and procedures for manadatory ..... water distribution system when available. Constructin completed in Bet -Her acres. Wastewater in Pine Ridge Park, area done. Exisitng ystem dismantled. Improv storage tank at surface water tank, design and construct new above ground elevated tank there 3 million gallons. DW LaGrow built in 70s or ??? Hayford 2 storage tanks 500,000 1920, other early 1970s both need to be replaced. Growth, fire potention. Old ones will be demolished. Watford remember LaGrow one because of lawsuit with them. Whispering pines water distribution system Financial application/govt assist TI WW system, will know by April 9,200 water 4,260 WW 253,000 828,000 gal per day 10 mill 400 though budget Expenditures 2010 last rate increase. Noel Bass Pro coming, what are the plans? Have not been contacted at present. Gary do you have any idea how many active septic in TI & TCI 2400 bring on new connections, TC side centralized system still have couple 100 that have refused to connect. We bill them the base charge, don't bill the volumne charge. Send letters every now and then. About all we can do. TI no WW infrastructure in that area. Kings Bay is on the package plant, like to do away. Agri Center is on the Everglades package plant, all at capacity. Multiple projects down the road that would assist in expense of infrastructure system if they before available. Vantage Oaks and several others that would come online. Watford sale of surplus property. Mar 3. Three properties South park Street and 2 agriculture pieces. Gary interested in the deep injection well. You have taken the initiative to talk with SFWMD staff about yoru deep injection well because the Gov Board directed staff to look at a test well for the Everglades basin. You offered your well. New gov board members has looked on that offered favorable, any other talks with them since that offer? John very little, permitted for ??? use maybe 1 mill, offered to use some of the unused portion of our. Asked D to help fund a WW project in the TI area, save them construction $, some upgrades min costs versus $6.5 million. Help off set construction costs on TI area project. Very little from the D side, wont say it wont happen, still waiting. Gary appreciate your effort to try to devlopement that relationship. Appreciate initiative. John H didn't see a negative, hopefully will still happen. Page 3 of 5 John C will be back in 3 months. D. Discuss Signage Ordinance — City Administrator (Exhibit 3). Exhibit Three contained a copy from the Code of Ordinances, Division 5 — Signs regulations. MDO council input to see if we want to give of our planners and then planning board. Clark — brought up these to be reviewed, many businesses and staff Many busiensses don't conform to thse regulations, we're a little different, need more flexibility, every business has a right to have a sign to read from the road, way its written its difficult to do that, conflicts within the regulations. 50% remodel to require them to change out their sign. Watford we need to give them some direction on what to look at. We spent 1,OOOs of hours on this and we've revised it a time or two, its not simple issue. Wide range of regulations possible, but signs can get very gaudy and I understand as a business person you want a sign you can see. Clark height and size of the signs. Patty and Jeff have said the calculations get very difficult. A building with same size but less road frontage but depth can have less signs than one with more street frontage. We don't have that many sign companies in town. Have to get companies from out of town. The size issue causes the cost of the signs to increase when they are specialty sizes. Fast food restaurant height issue after renovations. Think Jeff and Patty could offer the best suggestions for possible changes. Watford, any city, signs look cluttered. City's with all standards that looks nice. What we have is cluttered and not uniform. Clark so then we need to do a better job enforcing what we have. Watford they were put in before the sign ordinance. No they weren't. Then how did they get a permit? I don't know MDO multiple tenants are the issue, corner units Variance format to give people an avenue to plead their case. Watford recently talked with Clerk on this, she obtained a copy of Lake Placid's sign ordinance. Would we be interested in looking at these. Instructed to distribute that to Council to review. Gary, before I was elected, remember attending serval meetings where you all were discussing this. Looking through this and see how complicated this is and if I was a new business owner coming in. Where to start with this. Is there a way to stream line this? Looked at the signage in Stuart and it was all over the place and very difficult to find the place I was looking for. Like to take a look at it and see what Lake Placid has. Send to the Planning Board too? Noel remember signs up wont comply with new regulations. Clark it goes back to the planning board for apublic hearing? Correct. I think the busiensses will come forward. Jeff and Patty also should have some great recommendations. Gary I don't remember seeing any businesses at those meetings when it was discussed before. Clark don't pay attention until it effects them. Go back to the Planning Board, and come back to us. Also include the appeal process/variance process. E. Discuss Landscaping Ordinance — City Administrator (Exhibit 4). Exhibit Four contained a copy from the Code of Ordinances, Division 4 — Landscaping regulations. MDO landscaping amount isn't as important as the maintaining of the landscaping. Clark when it comes to landscaping regulations, mainly commercial cooridor, how many landscaping companies in Okeechobee, not lawn maintenance. Want something done for the commercial regulations. Watford like? Instead of hedges, recent new construction the amount of hedges for too much. Landscape islands used instead of hedges. Need to have flexibility for alternative flowers/bushes. Difficult to purchase and getting a company to maintain them properly. Specifically the commercial part of the regulations. Page 4 of 5 Some places hedges are appropriate. Gary, agree with clark, CVS and Walgreens given the dust and debris. If they didn't have hedges that are dying it wouldn't look that bad. Watford our hedge firm is separate from our lawn maintenance company. It's a fairly low expense. So do we want to defer this to the planning board. Gary no longer called xeriscape its florida friendly ..,.. MDO worked with Okee county based from city fo sebring, can print out and give to planning board. Clark hedges came in, not necessarily required but used to meet the required amount of landscaping. Specifically the buffer areas? Yes. O'Connor need to be extremely careful, we have several areas that we don't take care of. Cant live in a glass house. If we don't take care of ours how can we make others take care of it. Watford one complaint had to put in too many trees. Only other complaint is once it dies that's it. Maybe that's another area we need to look at — how to enforce what we have and its what we have practicable and doable. Mike we need to observe our islands on park street that get overgrown. Admin and I talked with CVS, manager good guy, but they turn it over to corporate to handle it. Cook — last Tuesday the CEB filed a fine against them, $100/day. Refer to planning board with those recommendations. ITEM ADDED TO THE AGENDA: F. Motion to approve the sale of Lot 13 and 14 of the City of Okeechobee Commerce Center — City Administrator (Exhibit 5). Coucnil Members Chandler and O'Connor moved to approve the sale of Lots 13 and 14 Lesss that portion of Lots lying in the following description: a strip of land lying in Lots 13 and 14 .... City of Okeechobee Commerce Center Plat Book 7 Pages 10 to 14, to Karl Davis in the amount of $263,000.00. Lake 0 Real Estte LLC, JoAnne Carter Closing be to on or before May 17, 2018. Have 5 years to development the property. Right of first refusal back to the City if they resale. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. IX. ADJOURNMENT - Mayor There being no further items on the agenda, Mayor Watford adjourned the meeting at 7:04 P.M. Page 5 of 5 City of Okeechobee, February 20, 2018 Meeting Minutes taken during the meeting by Bobbie Jenkins I. CALL TO ORDER: Mayor Watford called the Regular City Council Meeting to order on February 20, 2018, at WA P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974. In+P Q,bsenWf verend 14unikol Me*Qyis�_ II. OPENING CEREMONIES: The invocation was offered r 9awi Rya of the ch, the Pledge of Allegiance was led by Mayor Watford. Don annQh MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Present Council Member Noel Chandler Present Council Member Monica Clark Present Council Member Mike O'Connor Present Council Member Gary Ritter Present City Attorney John R. Cook Present City Administrator Marcos MontesDeOca Present City Clerk Lane Gamiotea Present Deputy City Clerk Bobbie Jenkins Present Fire Chief Herb Smith Present Police Chief Bob Peterson Present Public Works Director David Allen Present IV. AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. Mayor Watford asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda? New fbmilness I4tm F kh i bif # 5 B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. Mayor Watford asked whether there were any comment cards presented for public comment. Jenx►ftu pJI�Co - sb'DfI s f I�r iflC ro �al booK I n ssar L►eurtdohtcmen %Id, S1�atus of Ian sa�eshuulciclear �,� In In. ou } are In rc V. PRESENTATIONS AND PROCLAMATIONS — Mayor iW44CRIOf 6"Mf A. Proclaim the week of February 18 — 24, 2018 as "National Engineers Week. P Mayor Watford proclaimed February 18 through 24, 2018, as National Engineers Week, presenting the document to Administrator MontesDeOca and reading the following into the record: "Whereas, engineers have used their scientific and technical knowledge and skills in creative and innovative ways to fulfill society's needs; and Whereas, engineers face the major technological challenges of our time - from rebuilding towns devastated by natural disaster, cleaning up the environment, and assuring safe, clean, and efficient sources of energy, to designing information systems that will speed our country into the future; and Whereas, engineers are encouraging our young math and science students to realize the practical power of their knowledge; and Whereas, we will look more than ever to engineers and their knowledge and skills to meet the challenges of the twenty-first century. Now Therefore, I, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim February 18 through 24, 2018, as `NATIONAL ENGINEERS WEEK' in the City of Okeechobee." Page 1 of 11 VI. MINUTES — City Clerk A. Motion to approve the Summary of Council Action for the February 6, 2018, Regular Meeting Minutes. Council Member MO moved to dispense with the reading and approve the Summary of Council Action for the Regular meeting of February 6, 2018; seconded by Council Member M . There was no discussion on this item. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA TION CARRIED. VII. WARRANT REGISTER — City Administrator A. Motion to approve the January, 2018 Warrant Register: General Fund $743,189.74 Community Development Block Grant Fund (TMDL Grant) $ 35,227.61 Public Facilities Improvement Fund $ 12,686.00 Capital Improvement Projects Fund $ 2,114.51 Appropriations Grant Fund $ 940.66 Council MemberG moved to approve the January, 2018 Warrant Register in the amounts: General Fund, seven hundred forty-three thousand, one hundred eighty-nine dollars and seventy-four cents ($743,189.74); Other Grants Fund (Community Development Block Grant-TMDL Grant), thirty-five thousand, two hundred twenty-seven dollars and sixty-one cents ($35,227.61); Public Facilities Improvement Fund, twelve thousand, six hundred eighty-six dollars and zero cents ($12,686.00); Capital Improvement Projects Fund, two thousand, one hundred fourteen dollars and fifty-one cents ($2,114.5�1n)h- and Appropriations Grant Fund, nine hundred forty dollars and sixty-six cents ($940.66); seconded by Council Memberlr� . There was no discussion on this item. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA rind C ooi�n _ Page 2 of 11 VIII. NEW BUSINESS A. Consider an appointment to the Planning Board/Board of Adjustment/Design Review Board — City Clerk (Exhibit 1). One of the Planning Board Members recently passed away (Mr. O'Brien). We have had an application on file since March of last year and the applicant is still interested in serving on a citizen board. The application was provided for review. Motion and second by Council Members and Mbto appoint Mr. Robert J. Jarriel, Sr. to the Planning Board/Board of Adjustment/Design Review Board as an Alternate Member, term from February 21, 2018 to April 30, 2021 (replacing Mr. William O'Brien). Discussion: Mr. 4wt was in o "Adom . U- Ytcc0 luI11m9Nss4 you IYIO- I(Ui 6a I rr - An+ `fho N has P,luf kpboedl�`�o WATFORD - YEAY�E'A/ O'CONNOR-Ab VOTE: CHANDLER - YEA RITTER - YEA LARK - Page 4 of 11 B. Consider an appointment to the Police Officers' Pension Board of Trustees — City Clerk (Exhibit 2). Mr. Bill Bartlett, who served as the City's appointee to the Police Pension Board of Trustees, did not request to be re- appointed at the end of his term, September 30, 2017. We have been advertising for a resident to apply. Mr. Dallon Boyd is the only application we have received. The application was provided for review. Motion and second by Council Members m andN to appoint Mr. Dallon W. B to the Police Officers' Fund Board of Trustees, term from February21, 2018 to September 30, 2021 (replacing Mr. Bill Bartlett . P � p 9 ) Discussion: moo hona hy here. M vacafim �,bp I�p�d- �krarid 0 P�W- VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA �IIiIA�tBN RRIED. Page 5 of 11 s� C. Update from Okeechobee Utility Authority — John Creasman, Chairperson 15q5 sW 18A Terr. -Need 4q of who read dram. joeo� bw.�r-,� sion c�u_ LLan hu!-in lAlhuSpererry PINS- Tuasw h1and- W6�qchm'- spnny�� a � GUa�er �erv�czs y�al�D Ulas�e-Ulmer �I�s 060 Ne- F-0uxc PIanS �O( PLZss Pro? Pw na bin wackd t dale an pry Gf- Qchu� Rfic lalls lh TT f Tcl mwcfiiA, Ids. rQducQa' to as�o Sob � S�r) " Vd-." tU SI�PmpfY f6ys�. rnuc#�pc� �OrQ�C�ts wcu GPi`tV iam r. r. V1Psfi'u�fur-v Page 6 of 11 D. Discuss Signage Ordinance — City Administrator (Exhibit 3). Exhibit 3 provided the entire Code of Ordinance section pertaining to Division 5 — Signs. mC- m ibustnesses In Oure St �rU,iiYl�h� iQ rncrQ �bc� �i� � (td -�p resfir�ct�ons. RW h U, oog a 40+ -b I 4em- -#6fhrs b JS I � Uand. sbw "wNU, ka& www4- S;�iS I ► ,� ,aX I � mC- lei t � �2¢ is Coy � issue. h �t Vt� � i� ,S � �►. �.c` �Yo�j%elv1. li i S (,�� b f Q S{tTC�7 n�Cq S1pW1 p,Yl y IS ilOYl-SiSYIdCU'C�. �(A&f1��• 0 �.Y►ava�itms - Il�,� �► is Srvla,�¢+' � �;�vr C��ayid"rm i Mc- KW -� do a h � g�f�ru n� Qrc%nanc�. UY- [A bgjM)ss MDp- pCir�l re�lacern.2ni Cl,�sn� ►'V� �r(��hvP kd case. Page 7 of 11 D. Discuss Signage Ordinance continued., 09I" ,�' q' Sc ��ed I, i � . �fz,1C,Q ��QC,��S adilau-', sow /IV 01. mc- lad, Offf a pouts i 16a a)-. /I�k �InrK j di skt bak� Lak Pb o C'c 6k- w *Ues 6u�ie ao uir 5Ha1UM1iAu• Ws M be. pl {G�s �Tw� �n �rveth� �mpUcaud. luaus f� slat! � i� �G�v a u�cy 1q Ncu' �a haue wuu{cf" end son+c � F" MPVJL �'r Rain. NC- M W [t�AsfinyJOW-,,. l�usiness eon�vm ur�ss u�orkis Cox ly �tc�porc�ec� u�viO R.Pu� Page 8 of 11 E. Discuss Landscaping Ordinance — City Administrator (Exhibit 4). Exhibit 4 provided the entire Code of Ordinance section pertaining to Division 4 — Landscaping. Mot- lvkql4tu 4 Is nuf Irnparfwf a Is �{�i.� rs9-uy ML �erf�nS �a �rnnlaruaD �,dor _ lax aws lv� hwioU, V►S. S%uId Ge all�u�ecd lit � a� l�d�es. �sF >s a�ra�Cvus Nl�— � Marc u� ass 6Y aid tru st�rn�s. -� k m h rNiew h uffer afm? �� 19 8T dm� V A � IVY- 0 bbw4#f�a park %aj-- Moby Wa eU�c Page 9 of 11 E. Discuss Landscaping Ordinance continued. Page 10 of 11 IX. ADJOURNMENT - Mayor I'. 4 There being no further items on the agenda, Mayor Watford adjourned the meeting at P.M. Item Wed ivA9enda 17 �lohon +o qrcve +he Sad of I.o+ 13(34 aaeS) and Lod- i� (4.oe acres) locuuM in the G,f� df OKa-Q&O&U- 4wa P.eOr ( E�. 6) �1l�hbn NG Second �b fYlc, ✓ � w ✓ M��uu t�� moo- 54! fa budd Ur io,000 pff ,�ar ur/hI hind. W�ur- IF wii� lE Aa 0&-ydum kl/ow- No [C)i'd rosfrrcfia {�Ilboj Salt. qo-doq `hack-vu� Page 11 of 11 .oF• y (-...'OF OKEECHOBEE COUNCIL MEETING AMENT CARD PLEASE PRINT Name: r Address: I Lc I q -4 JYCJ Organization you represent: tC . r' ' ` ' i r ' I ;,l Q NO CARD IS REQUIRED FOR AGENDA ITEMS Subject: Signature Date okeecW bee, Aoriba WHEREAS, engineers have used their scientific and technical knowledge and skills in creative and innovative ways to fulfill society's needs, and WHEREAS, engineers face the major technological challenges of our time -from rebuilding towns devastated by natural disaster, cleaning up the environment, and assuring safe, clean, and efficient sources of energy, to designing information systems that will speed our country into the future; and WHEREAS, engineers are encouraging our young math and science students to realize the practical power of their knowledge; and WHEREAS, we will look more than ever to engineers and their knowledge and skills to meet the challenges of the twenty-first century. NOW THEREFORE, I, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim February 18 - 24, 2018 as "NATIONAL ENGINEERS WEEK" in the City of Okeechobee. In witness whereof, on February 20, 2018, I have set my hand and caused this seal to be affixed CMC, City Clerk ::�" r iJ Exhibit 1 Feb 20, 2018 h emn T _ y_ -} MEMORANDUM TO: Mayor & City Council DATE: February 12, 2018 r FROM: City Clerk Gamiotea SUBJECT: Appointment to the Planning u� Board/Board of Adjustment/ Design Review Board As you are aware, one of the Planning Board Members recently passed away. We have had an application on file since March of last year, and he is still interested in serving on a citizen board. His application is attached for your review. The motion needed to appoint Mr. Jarriel is as follows: Appoint Mr. Robert J. Jarriel, Sr., to the Planning Board/Board of Adjustment/Design Review Board as an Alternate Member, term from February 21, 2018 to April 30, 2021 (replacing Mr. William O'Brien). Southeast 3" Avenue * Okeechobee * Florida * 34974 Fqa L APPLICATION FOR CITY BnARntCnmmlTTFF APPnIhITMPh S 372;, r'T Please print or type aft information. The information from this application will be bled by th ity Council in consideringaction your '` ` on y appointment. The application MUST BE COMPL�TLb�lN FULL. Answer "none" or "not applicable" where appropriate. `° •.: `:. ":`- - -' i`. ,/CHECK BOARD(S) OF INTEREST TO YOU A COPY OF EACH BOARDS DUTIES, MEETING DATES & TIMES ARE ATTACHED CITY RESIDENCE IS A REQUIREMENT for the OUA, Pension and Code Enforcement Boards. 0 Planning Board - Board ('Code 0Okeechobee Utility OGeneral Employees O Other: of Adjustment & Appeals - Enforcement Authority Board of & OUA Pension Fund Design Review Board Board Directors Trustee's APPLICANTS FULL NAME: I��R�EI�Y J J 4A11I NAME COMMONLY USED: 13013 RESIDENCE ADDRESS. ;yj `r 5r�7'f % q0 L: . '7;al to v'L K'EEc y�3�C HOW LONG AT ADDRESS: i Years litRe4 �n Ca„�;;'f s this in the City Limits? Yes C)No MAILING ADDRESS: M C HOME TELEPHONE: h 3 ij y CELLIOTHER TELEPHONE: CURRENT EMPLOYER & OCCUPATION: lox C-(I /qc=Q BUSINESS ADDRESS: Ali n WORK TELEPHONE: A/ •1 FAX NUMBER(S): 3 - Ti H DATE OF BIRTH: x 2 q 3 ARE YOU A US CITIZEN? (Yes ONo, explain: FLORIDA REGISTERED VOTER? QYes County Registered in: C` K'EG-Gy�t)as3CC ❑No EDUCATION: High School Name & Location: FO��Es' N16� tuL+Cs.� Year Graduated: t POST SECONDARY EDUCATION: NArAE & LOCATION: DATES ATTENDED: CERTIFICATEIDEGREE REC•D: 10, rhi� �po 5 MILITARY SERVICE: DATES•. t 9 is l BRANCH: AA-41.i OATS DISCHARGED: I y bV s ARE YOU CURRENTLY EMPLOYED AS: 'General Contractor OBusiness Person OArchitect © (✓ALL THAT APPLY) DEngineer OSuD-Contractor DReakor {`1 E- 11Iq C,'� GAttomey ODoctor OSurve or OLay Person OUrban Planner OLandscape Architect LIST ALL OF YOUR EMPLOYMENT, EXCEPT YOUR CURRENT EMPLOYER, DURING THE LAST 5 YEARS: NAME &ADDRESS TYPE OF BUSINESS JOB TITLE DATES A /:A 6'd bl,6b£Z9£99 l91Jef 1j84ob dZb:£0'L1,06 ielN HAVE YOU EVER BEEN APPOINTED OR DO YOU CURRENTLY SERVE ON A CITIZEN OR COMMUNITY BOARD FOR ANY OTHER AGENCY OR GOVERNMENT? OYES "NO IF YES, LIST: AGENCY BOARD NAME POSITION DATES STATE YOUR EXPERIENCESAND INTERESTS OR ELEMENTSOFYOUR PERSONAL HISTORYTHAT QUALIFYYOU FOR THIS APPOINTMENT. _ �C•: `y i J t, t� ti Tip rd G i o 2 Y'b, �` i e: r :,.,— HAVE YOU RECEIVED ANY DEGREE(S), PROFESSIONAL CERTIFICATION(S) OR DESIGNATION(S) RELATED TO THE SUBJECT MATTER OF THIS APPOINTMENT? YES [-]NO. IF YES, LIST: C= r3 C, ARE YOU NOW OR HAVE YOU EVER BEEN ELECTED OR APPOINTED TO ANY PUBLIC OFFICE? OYES 5NO .40 IF YES, LIST: OFFICE TITLE DATE OF ELECTION TERM LEVEL OF GOVERNMENT HAVE YOU EVER BEEN CONVICTED OF A CRIME, PLEAD GUILTY OR NO CONTEST TO A CRIMINAL CHARGE, OR ENTERED INTO AN AGREEMENT SETTING FORTH THE TERMS LEADING TO THE REDUCTION OR DISMISSAL OF THE CHARGES? (Exclude traffic violations for which a fine or civil penatty of S150 or less was paid) OYES �NO IF YES, DESCRIBE: Where convicted: Date of conviction: DO YOU KNOW OF ANY REASON WHY YOU WILL NOT ABE ABLE TO ATTEND FULLY TO THE DUTIES OF THE OFFICE OR POSITION TO WHICH YOU HAVE BEEN OR WILL BE APPOINTED, INCLUDING BUT NOT LIMITED TO COMPLETING AND FILING A FINANCIAL DISCLOSURE FORM ANNUALLY WITH THE STATE? /) CILi HAVE YOU EVER BEEN FOUND IN VIOLATION OF FLORIDA STATUTES CHAPTER 112, PART III "CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES? OYES gNO IF YES, LIST: DATE: NATURE OF VIOLATION: DISPOSITION: THE FOLLOWING INFORMATION IS USED WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE, DISABILITY OR MARITAL STATUS. HOWEVER, THE FEDERAL AND STATE GOVERNMENTS REQUIRE THE CITY PROVIDE STATISTICS ON THE NUMBER OF WOMEN, MINORITIES, VETERANS AND DISABLED PERSONS THAT ARE APPOINTED TO BOARDS. INFORMATION WILL BE USED FOR STATISTICAL PURPOSES ONLY AND HAVE NO BEARING ON YOUR APPOINTMENT: SEX: ��..MALE OFEMALE ETHNIC GROUP: ]&CAUCASIAN OBLACK OSPANISH HERITAGE ONATIVE AMERICAN ❑ASIAN OR PACIFIC ISLANDER OOTHER(specify): ,/ALL THAT APPLY: OWARTIME PERIOD VETERAN ODISABLED VETERAN OVIETNAM VETERAN HANDICAPPED STATUS: OYES ;gNO IF YES, WHAT IS THE HANDICAP? Z d b LWZ9£99 Iauep Negoa d£t7:EO'L L 01• JeW ARE YOU A CURRENT OR FORMER LAW ENFORCEMENT OFFICER, OTHER EMPLOYEE 0 OR THE SPOUSE OR CHILD OF ONE, WHO IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE UNDER FLORIDA STATUTE CHAPTER 119.07(3)(k)l ? QYES (%NO All information provided on this application is subject to public record laws. DESCRIBE ANY SKILLS AND BACKGROUND INFORMATION ABOUT YOURSELF THAT WOULD BE HELPFULTO THE BOARD YOU WISH TO SERVE ON. IF MORE SPACE IS NEEDED, PLEASE ATTACH AN ADDITIONAL PAGE. 5'64�:1 � i,.sc�� l:/A: is /,t% '1 LO>>lrtit;�j ),0dE4s7, /391^%aC;�rl l�#,;jt&Ao,a 1 CO lrt,3 Qt?N ;Cafe jNS�'c cTEr? C-'i?iror�lt�iv r' it �� Fc�� �1�E aLi;•+'111i�::y� A S:SbG LO E 7 i1 rs STATEMENT OF APPLICANT: t certify that the answers are true and complete to the best of my knowledge. I authorize investigation of all statements contained in this application. I hereby release all companies, schools or persons from all liability for any damage for issuing this information. I understand that the City may request a copy of my driver's license. I have the right to request that the City completely and accurately disclose to me the contents of any investigation or reports upon request to the Office of the City Clerk. I further understand all information provided becomes a matter of public record. CERTIFICATION: I understand that falsification, omission, misleading statements, or misrepresentation is cause for rejection of this application. I understand that this application is a Public Record and is subject to the provisions of Florida Statutes Chapter 119. I hereby acknowledge that I have read and understand each of the above statements. __ n j.�— Signature of Applicant_i : -- _�J_�Date:__ � (DThe City Code Book Sec. 70-151, 70-171, 70-19170-211 read: "....membership of1he board, where possible, shall consist of any of the following: architect, engineer, surveyor, urban planner, landscape architect, general contractor, realtor, business person, and lay persons." 2)Other covered jobs include: correctional and correctional probation officer, firefighters, human resource officers, code enforcement officers, certain judges, assistant state attorneys, state attorneys, assistance and statewide prosecutors, personnel of the department of revenue or local governments whose responsibilities include revenue collection and enforcement of child support enforcement and certain investigators in the department of children and families (see §119.07(3)(k)1, F.S.].ALL INFORMATION PROVIDED ON THIS FORM IS APUBLIC RECORD, unless you qualifyas exempt under the statute, DO NOT provide information you do not want to be given to the public. PLEASE RETURN COMPLETED APPLICATION TO: CITY OF OKEECHOBEE OFFICE OF THE CITY CLERK 55 SE 3"0 AVENUE OKEECHOBEE. FLORIDA 34974 CLERK OFFICE USE ONLY: BOARD APPOINTED TO CITY COUNCIL MEETING: INITIAL TERM: LETTER SENT: REAPPOINTMENT(S): RESIGNED: CERTIFICATE AWARDED: £-d b I,6V£Z9£99 laper liago�l d£ti:£0'L l 06 IaW Ok MEMORANDUM TO: Mayor & City Council FROM: City Clerk Gamiotea,;-�� Exhibit 2 Feb 20, 2018 DATE: February 12, 2018 SUBJECT: Police Pension Board of Trustees Appointment Mr. Bill Bartlett, who served as the City's appointee to the Police Pension Board of Trustees, did not request to be reappointed at the end of his term, September 30, 2017. We have been advertising for a resident to apply. Mr Dallon Boyd is the only application we have received. The application is attached. Current Members: Jack Boon, Elected by the Fund Members Bettye Taylor, Elected by the Fund Members Ray Worley, City Council appointee Ryan Holroyd, Fifth Member The needed to appoint Mr. Boyd is as follows: Appoint Mr. Dallon W. Boyd to the Police Officers Pension Fund Board of Trustees, term from February 21, 2018 to September 30, 2021 (replacing Mr. Bartlett). A 55 Southeast 3"° Avenue h Okeechobee it- Irlorida * 34974 * (863) 763-3372 APPLICATION FOR CITY CITIZEN! BOARD/COMMITTEE APPOINTMENT Please print or type all information. The information from this application Will be used by the City f I Council in considering action on your appointment. The application MUST BE COMPLETED IN FULL. Answer `none, "'not applicable, "or `MA "wher appropriate. CHECK (J) THE BOARD(S) Of INTEREST TO YOU A COPY OF EACH BOARDS DUTIES, MEETING DATES, AND TIMES ARE ATTACHED Planning Board/Board of Adjustment & Appeals/Design Review Board �] Code Enforcement Board (city Residents Only) r Okeechobee Utility Authority Board of Directors (city Residents only) Police Officers Pension, FireTt hters Pension, or General Empl 'yees' Retirement System Board of Trustees (City Resident Trustee:(_ OR Fifth Member Trust e:__—) ❑ Other:�.�------- APPLICANT'S FULL NAME: Dallon W Bcyd NAME COMMONLY USED: Dallon RESIDENCE ADDRESS: 304 Southeast 7th Street Okeechobee, Florida 34974 HOW LONG AT ADDRESS: Years: 21 Ye irs Is this in the City Limits? R1 Yes ® No MAILING ADDRESS: PO BOX 2673 Okeechobee, Florida 34973 TELEPHONE/CELL: Mobile: 863-6 -2139 Home: 863-763-3434 Office: 863-763-1155 ARE YOU AN US CITIZEN? [gYes 0 Plo, explain: FLORIDA REGISTERED VOTER? ©Yes County Registered in: Okeechobee []No EDUCATION: Hah School Name Lmition Year Graduated Okeechobee F igh School 2011 POST SECONDARY EDUCATION: Coltene Name(s) I Ceri ficateMeme(s) Awarded Dafefs) Attended Indian River State College 2011-2012 MILITARY SERVICE: Branch(es) Dates of service DlscharceDate I I N/A I CURRENT OR MOST RECENT EMPLOYER: Gilbert Family bf Companies October, 2011-Present JOB TITLE/DESCRIPTION: AdministratogRealtor WORK ADDRESS: 401 South Parrott Avenue Okeechobee, Florida 34974 WORK TELEPHONE: Mobile: 863-697-2139 Office: 863-763-1155 ARE YOU CURRENTLY EMPLOYED AS: (CHECK ✓ ALL THAT APPLY) [Genera► Con OEngineer (]Attorney actor C]Business Person OArchitect ❑Sub -Contractor ®Realtor ❑Doctor (]Surveyor ❑Lay Person 0Urban Planner El Landscape Architect Have you ever been appointed to. or do you currently serve on, government? RNO Eves, and list: AGENCY BOARD NA1,1E citizen or community board for any other agency or ` I POSITION D?�TE(Si i Are you now, or have you ever been, elected or appointed to any LEvEL.OF GOVERNMENT OFFICE TITLE public office? �No "Yes, and list: I I DATE OF ELECTION I E3 8! E _ l — Do you work with or have anyassociation with a current membe� appointment? R No rYes, and list: NAME OF BOARDICOMMiTTEE MEMBER I of the board/committee to which you are requesting k ELATIONSHIP(ASSOCIATION Are you related to, or employed by, any City of Okeechobee errIployees list: ' NAME OF EMPLOYEEIELECTED OFFICIAL or elected officials? �No Yes, and RELATIONSHIPIASSOCIATION Have you ever been found to be in violation of Florida Statutes Criapter and Employees"? XX No Yes, and list: DATEISI 112, Part Ili "Code of Ethics for Public Officers NATURE OF VIOLATION I f Have you ever been convicted of a FELONY, plead guilty or no contest, terms leading to the reduction or dismissal of the charges? DATE(SI VIOLATION i or entered into an agreement setting forth the No Yes, and list: frY AND STATE ALL INFORMATION PROVIDED ON THIS FORM IS A PUBLiq RECORD. Information for certain individuals with a specific public records exemption can be withheld. In ordef to claim the exemption complete the following: Are you a current or former, the spouse of a current or former, or the child of a current or former sworn or civilian law enforcement personnel, certified firefighter, EMT, paramedic, code enforcement officer, or other covered employee"° who is exempt from public records disclosure under Florida Statute 119.071? Review list of other covered employees before responding. ®No Yes, and list: JOB TTrLE OR COVERED POSITION TITLE RELATIONSHIP Describe any skills, experiences, interests and/or background information about yourself that would be helpful to the Board you wish to serve on. Include personal accomplishments th�t qualify you for the appointment. If more space is needed. Diease attach an additional page. Director, Okeechobee Church of Our Saviour E i�scopal Januar�,2017- Present Director, Rotary Club of Okeechobee July 2016-Present j President Elect, Rotary Club of Okeechobee July 2017-Present --------------------------- --- — Member, Okeechobee Chamber of Commerce Leadership Okeechobee — Member, Okeechobee Main Street ---- ---------------------- --------------------- ------------------------ Class of 2016 -------------------- --- - ------------- -------------------------- ----- THE FOLLOWING INFORMATION IS USED WITHOUT REGARD TO RACE, COLOR, STATUS. HOWEVER, THE FEDERAL AND STATE GOVERNMENTS REQUIRE THE CITY VETERANS, AND DISABLED PERSONS THAT ARE APPOINTED TO BOARDS. INFORM*TION NO BEARING ON YOUR APPOINTMENT: SEX: MMALE 0 FEMALE ETHNIC GROUP: CAUCASIAN 0 BLACK @]SPANISH [j ASIAN OR PACIFIC ISLANDER OOT ✓ALL THAT APPLY: 0 WARTIME PERIOD VETERAN 0131 © VIETNAM VETERAN I HANDICAPPED STATUS: 0 NO 0 YES, AND LIST THE ' ELIGION, SEX, NATIONAL ORIGIN, AGE, DISABILITY, OR MARITAL TO PROVIDE STATISTICS ON THE NUMBER OF WOMEN, MINORITIES, WILL BE USED FOR STATISTICAL PURPOSES ONLY AND HAVE HERITAGE 0 NATIVE AMERICAN ER(specify):_— _ ABLED VETERAN ANDICAP: STATEMENT OF APPLICANT: 1 certify that the answers are true and complete to the best of my knowledge. 1 authorize investigation of ail statements contained in this application. I hereby release all companies; schools, or persons from all liability for any damage for issuing this information. 1 understand ttjat the City may request a copy of my driver's license. I have the right to request that the City completely and accurately disclose to me the contents of any investigation or reports upon request to the Office of the City Clerk. I further understand all information provided becomes a matter of public record. CERTIFICATION: I understand that falsification, omission, mis0ding statements, or misrepresentation is cause for rejection of this application. I understand that this application is a Public Record and is subject to the provisions of Florida Statutes Chapter 119. FINA,NfCIAL DISCLOSURE REPORTING: i understand that should I be appointed to a City of Okeechobee citizen board I am required to complete and file a State of Florida Financial Disclosure Form 1 upon my appointment, annually and a Financial Disclosure Form 1-Final upon my resignation/sunset of term. PUBLIC RECORDS/OPEN MEETINGS LAWS: I understand land agree that should I be appointed to a citizen board/committee for the City of Okeechobee; I will comply vnth all State Statutes, Florida Administrative Code. and State Constitution regarding public records, records retention, pubic record requests, and the open public meeting requirements. I hereby acknowledge that I hays, read an�.undesstand each of the above statements. Signature of Date: - — doThe City Code Book Sec. 70-151, 70-171, 70-19170-211 read: ' " ...membership of the board, where possible, shall consist of any of the following: architect, engineer, sunieyor, u�ban planner, landscape architect, general contractor, realtor, business person, and lay persons." 1 C%Other covered jobs include current or former, their spouse, and c juvenile probation officers, supervisors: detention superintendE detention officers I and 11, detention office supervisors, reside counselors and supervisors, human services counselor administn rehabilitation therapists, and social services counselors; certain pet Department of Health; the Department of Financial Services; and tl responsibilities include revenue collection and enforcement or chilc Department of Business and Professional Regulation; the Office justices of the Supreme Court; judges of the district court of appe magistrates, judges of compensation claims, administrative law j child support enforcement hearing officers; state attorneys and a defenders and assistants, criminal conflict and civil regional counsl labor relations, or employee relations directors and assistants, me agency or water management district whose duties include hire administration, or other personnel -related duties; tax collectors §119.071, Florida Statues]. PLEASE RETURN COMPLETED APPLICATION TO: CITY OF OKEECHOBEE OFFICE OF THE CITY CLERK 55 SE 3FD AVENUE, ROOM 100 OKEECHOBEE, FLORIDA 34974 hildren: correctional and correctional probation officers; nts and assistants: Department of Juvenile Justice: itial officers, residential officer supervisors I and 11, itors, senior human services counselor administrators, sonnet of: the Department of Children and Families; the ie Department of Revenue or local governments whose support enforcement; investigators or inspectors of the of the Inspector General or internal audit department; als, circuit court, and county court; general and special edges of the Divisions of Administrative Hearings, and ssistants, statewide prosecutors and assistants; public sl and assistants; guardians ad litem; human resource, nagers or assistant managers of any local government ng and firing employees, labor contract negotiations, certain impaired practitioners and consultants; [see CITY CLERKS OFFICE U$E ONLY APPOINTEO TO: i CITY COUNCIL MEETING: WITIAL TERM DATES: NOTIFICATION SENT: RE -APPOINTED TERM DATES: RE-APPOWTMEiNT NOTIFICATION SENT: RESIGNEDrTERM SUNSET: CERTIFICATE OF APPRECIATION PRESENTED: 1 Exhibit 3 Feb 20, 2018 DIVISION 5. - SIGNS Footnotes: --- (10) --- Editor's note— Ord. No. 994, § 1, adopted Apr. 21, 2009, repealed the former Art. IV, Div. 5, §§ 90- 561-90-573, and enacted a new Art. IV, Div. 5 as set out herein. The former Art. IV, Div. 5 pertained to similar subject matter. See the Code Comparative Table for complete derivation. Sec. 90-561. - Purpose and intent. It is widely recognized that the City of Okeechobee is a predominantly rural community, with reputation as an area comprised of agricultural uses, along with residential and light commercial activities. The city has traditionally permitted advertisement within the city, appropriate to the use or purpose, while attempting to preserve and maintain the natural look and character of the city as a quiet and visitor - friendly community for those wishing to enjoy the atmosphere of a small town. The city council recognizes that there are various persons and entities that have an interest in communicating with the public through the use of signs that serve to identify businesses and services, residences and neighborhoods, and also to provide for expression of opinion. The council is also responsible for furthering the city's obligation to its residents and visitors to maintain a safe and aesthetically pleasing environment where signs do not create excessive visual clutter and distraction or hazards for pedestrian and vehicles; where signs do not adversely impact the predominantly residential character of the city, and where signs do not conflict with the natural and scenic qualities of the city. It is the intent of the city council that the regulations contained in this article shall provide uniform sign criteria, which regulate the size, height, number and placement of signs in a manner that is compatible to the residential scale and character of the city, and which shall place the fewest possible restrictions on personal liberties, property rights, free commerce, and the free exercise of constitutional rights, while achieving the city's goal of creating a safe, healthy, attractive and aesthetically pleasing environment that does not contain excessive clutter or visual distraction from rights -of -way and adjacent properties; the surrounding natural rural environment and residential neighborhoods. (Ord. No. 994, § 1, 4-21-2009) Sec. 90-562. - Compliance with division provisions. Except as provided or otherwise prohibited in this division, every sign erected on land, attached to a building, wall, fence, pole, tree, or surface, that is constructed, moved, replaced or substantially altered, shall comply with the regulations of this division. Routine maintenance, repainting or permissible changing of copy or content shall not be considered a substantial alteration. (Ord. No. 994, § 1, 4-21-2009) Sec. 90-563. - Permit and plan required. (a) Except as otherwise provided in this division, no sign shall be erected, operated, used, maintained, enlarged, illuminated or substantially altered until a permit has been issued. (b) A separate application for a permit shall be made for each separate advertising sign or advertising structure, except for customary window displays, official public notices and court markers required by federal, state or local regulation; also excepting newspapers, leaflets and books intended for individual distribution to members of the public; attire that is being worn, badges and similar personal gear. (c) The application permit shall describe in words and picture form the size, shape and nature of the proposed sign or advertising structure, and its actual or proposed locations with sufficient accuracy to ensure its proper identification. (d) The application for a permit shall be signed by the applicant or his authorized agent, and by the property owner, if different from the applicant. (e) For multiple occupancy commercial buildings, individual occupants, owners or tenants may apply for a sign permit, but they shall be issued in the name of the lot owner or agent, rather than in the name of the individual occupants. The lot/building owner or their agent shall be solely responsible for allocating allowable sign area and location to individual occupants, owners or tenants, and not the city, subject to these regulations. (Ord. No. 994, § 1, 4-21-2009) Sec. 90-564. - Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicated a different meaning. Refer to Figure 1 for illustrative examples of various types of signs. Animated sign means any sign or part of a sign, including the advertising message, which changes physical position by means of movement. Automatic changeable message device means any sign, which through a mechanical, electrical, solar or other source of power is capable of delivering messages which rotate, or appear to rotate, change or move at any time and in any way, including tri-vision or multiprism sign faces. Banner means a sign having letters, illustrations or ornamentations applied to paper or fabric of any kind, with only such material for a backing. A flag is not a banner. Billboard means an off -premises sign (1) where the top of the sign is in excess of 20 feet above the ground, or (2) which is more than 50 square feet in total sign face area, or (3) which is for other than directional purposes only. Building sign means a type of permanent sign displayed upon or attached to any part of the exterior of the building, including walls, windows, doors, parapets, marquees, and roof slopes of 45 degrees or steeper. Clear visibility triangle means on a corner lot, the triangle of land formed by a straight line connecting two points located on, and 35 feet from, the intersection of the two street property lines. Facade means that area of a building within a two-dimensional geometric figure coinciding with the outer edges of the walls, windows, doors, parapets, marquees, and roof slopes greater than 45 degrees of a building which is owned by or under lease to a single occupant. Flag means a sign made of a piece of cloth or other material of individual size, color and design, used as a symbol, signal or emblem, or to convey a message. Flags are distinct by the way that they are displayed. Flags are secured on one side, usually on a flag pole, and usually at two points leaving the remainder of the cloth or material hanging limply or drooping. A flag that is secured to a flag pole or other object, living or nonliving, that is at an angle of less than 65 degrees or more than 115 degrees as measured from the horizontal, or is otherwise displayed so that it does not droop, shall be considered a banner. A flag that is greater than 15 square feet shall be considered a banner. Freestanding sign means any sign, which is incorporated into or supported by structures or supports in or upon the ground, independent of support from any building. Freestanding sign includes pole sign, pylon sign, ground sign or monument sign or "sandwich sign." Geometric shape means any of the following geometric shapes used to determine sign area: square, rectangle, parallelogram, triangle, circle or semicircle. Ground sign means a freestanding sign, other than a pole sign, supported by the ground, or by uprights or braces placed on or in the ground, and wholly independent of any building for support. Home occupation means a business, profession, or trade conducted within a dwelling for financial gain by an occupant of the dwelling. Illuminated sign means any sign which contains a source of light or which is designed or arranged to reflect light from an artificial source including indirect lighting, neon, incandescent lights, backlighting, and also shall include signs with reflector that depend upon motor vehicle headlights for an image. Monument sign means a ground sign in which the entire bottom of the sign is in contact with the ground. Mural means a painted art form devoid of commercial messages painted on walls or similar building areas. Occupant means any single commercial use (any use other than residential). Off -premises sign means a freestanding permanent sign that is located at a site other than that on which the principal use is located. Permanent sign means any sign, which is designed, constructed, and intended for more than short term use, including freestanding signs and building signs. Pole sign means a sign mounted on a freestanding pole or other support so that the bottom edge of the sign face is six feet or more above grade. Portable sign means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not necessarily limited to signs on wheels and on trailers, and sandwich board signs. It does not, however, include vehicle signs. Roof line means a horizontal line intersecting the highest point or points of a roof. Roof sign means a sign placed above the roof line of a building or on or against a roof slope of less than 45 degrees. Sign means any identification, description, illustration or device illuminated or non -illuminated which is visible from any outdoor place or location, open to the public and which directs attention to a product, service, place, activity, person, institution, or business thereof, including any permanently installed or situated merchandise, or any emblem, painting, banner, pennant, placard, designed to advertise, identify, or convey information with the exception of customary window displays, official public notices and court markers required by federal, state or local regulations; also excepting newspapers, leaflets and books intended for individual distribution to members of the public, attire that is being worn, badges, and similar personal gear. Sign shall also include all outdoor advertising displays as described within Section 31081.1 Florida Building Code, and all signs shall conform to the requirements of Section 3108 of the Florida Building Code. The term shall exclude architectural features or part not intended to communicate information. Sign area means the area within the smallest regular geometric shape which contains the entire sign copy, but not including any supporting framework, braces or supports. Sign copy means the linguistic or graphic content, including trim and borders, of a sign. Sign face means the part of the sign that is or may be used to display sign copy. Sign height means the vertical distance from the finished grade at the base of the supporting structure to the top of the sign, or its frame or supporting structure, whichever is higher. Sign structure means any construction used or designed to support a sign. Snipe sign means any sign, except temporary political campaign signs, of any material, including paper, plastic, cardboard, wood or metal when tacked, nailed or fastened in any way to trees, poles, stakes, fences, the ground, or other objects where such sign may not be applicable to the present use of the property upon which such sign is located. Temporary sign means any sign which is designed, constructed and intended to be used on a short- term basis. A permanent sign with periodic changes to the message shall not be considered a temporary sign. Vehicle sign means any sign affixed to a vehicle or trailer. Wind sign means any cloth or plastic or other flexible light material made in strips, triangles or other shapes which are fastened together at intervals by wire, rope, cord, string or other means, or signs that are inflatable, in such manner as to move by wind pressure and which are used or displayed to attract attention to a business, product, service or entertainment. Figure 1 Types of Signs P 0 N p,hrP� �oN goo �pr7 �A pGd;� WAL tr IG N �1N6 .'AWN f NG 9 fGN (Ord. No. 994, § 1, 4-21-2009) Sec. 90-565. - Maintenance of signs. ROUND SIGN (a) All signs allowed by this division, including supports, braces, guys and anchors, electrical parts, and lighting fixtures, and all painted and display areas, shall be maintained in accordance with the building and electrical codes that may be adopted by the city. (b) The vegetation around, in front of, behind, and underneath the base of freestanding signs for a distance of ten feet shall be neatly trimmed, and free of unsightly weeds, and no rubbish or debris that may constitute a fire hazard or health hazard shall be permitted under or near the sign. (c) Signs and sign structures shall always condition by virtue of age, weathering, corrected within 30 days of written notice. (Ord. No. 994, § 1, 4-21-2009) Sec. 90-566. - Right of entry and inspection. present a neat and clean appearance; any sign not in this fading, tearing or loose fabric, or other defect shall be Appropriate city employees or code officers in the performance of their function and duties and under the provisions of this division may enter into and onto any lands upon which advertising signs or advertisements area displayed and make such inspections and surveys as may be relevant subject to constitutional limitations and state law. (Ord. No. 994, § 1, 4-21-2009) Sec. 90-567. - Exempt signs (no permit required). (a) Signs in nonresidential zoning districts (no permit required). The following signs shall be considered as permitted signs and shall be exempt from the requirements to obtain a sign permit as set forth herein, so long as they are not considered prohibited signs: (1) Decals, limited to those as required by law, which are affixed to or painted upon store windows, store equipment, fuel pumps or other types of vending equipment used for dispensing retail products. (2) Lettering only, for the purpose of providing ownership, licensing and emergency contact information, when placed upon doors and windows of lawfully licensed businesses, and limited to a maximum of two square feet. (3) Signs within a building, including window signs affixed to the interior of windows and which are visible from the exterior. The area of such window signs shall not be counted as part of the allowable area for building signs. (4) Building signs, historical markers, memorial signs, tablets or plaques, or the name of a building and the date of erection, when the same are cut into the masonry surface or when constructed of bronze or other similar metallic materials. (5) Professional nameplates for physicians, surgeons, dentists, lawyers, architects, teachers and other like professional persons placed on the premises occupied by the person, not exceeding one square foot in sign face area, provided such professional has a valid business license as may be required for the particular profession to be operated on those premises. (6) Signs denoting only the name and profession of an occupant of a building, placed flat against the exterior surface of the building and not exceeding three square feet in sign face area, and provided such occupant has a valid business license as may be required to operate on those premises. (7) Holiday decorations, provided that such decorations are removed within 30 days of the particular day being celebrated. (8) Construction signs located on a parcel being developed, for the time period of the building permit, or one year, whichever is shorter, and the sign shall not exceed 32 square feet. (9) On -site directional and traffic control signs of no more than four square feet of sign face, and providing that business logos or other non -traffic -control symbols do not exceed 25 percent of total sign face area. (10) Signs in commercial and industrial zoning districts (no permit required). In addition to any other permitted temporary or permanent sign, the following signs are permitted within commercial and industrial zoning districts without the necessity of a sign permit: a. Within the CBD district only, temporary portable signs placed on the city -owned sidewalk in front of the business provided they do not interfere or endanger pedestrian traffic and are not displayed any time other than during the normal operating hours of the business. b. Signs designating the name of the business operating at the location and which names are printed on the overhanging canopy for those businesses located along and adjacent to Park Street. c. Banners that celebrate an event, season, community, neighborhood, or district which is sponsored by the city or a recognized not -for -profit community agency or organization. d. Window signs affixed to the interior of windows which are visible from the exterior. The area of such window signs shall not be counted as part of the allowable area for building signs. e. "Sticky -back" window coatings or thin coverings affixed to the outside of windows by an adhesive shall not be counted as part of the allowable area for building signs. (b) Signs in all zoning districts (no permit required). Within all zoning districts, the following signs shall be considered as permitted signs and shall be exempt from the requirements to obtain a sign permit, so long as they are not considered prohibited signs as set forth herein: (1) Not more than two real estate signs advertising the sale, rental or lease of the premises upon which the sign is located. Such signs shall not exceed six square feet in area, and four feet in height. (2) Signs noting the architect, engineer or contractor for a development or project when placed upon work under construction, providing the sign shall be removed within 15 days of issuance of certificate of occupancy. Such signs shall not exceed 32 square feet in area, and six feet in height. (3) Signs as required by law to display building permits or other similar public notices. (4) Traffic signs, street name signs, legal notices of public meetings or zoning/land use change, danger signs and temporary emergency, when erected by city, county, state or federal agencies. (5) No trespassing and private property signs not exceeding two square feet in area. (6) Vacancy or no vacancy signs not exceeding two square feet in sign area. (7) Temporary political campaign signs announcing the candidacy of a candidate for public office not exceeding four square feet in sign area in residential zoned areas, and not exceeding 32 square feet in commercial and industrial areas. The placing of political signs on city property or rights -of -way is prohibited. Illegally placed signs shall be removed without notice by the code enforcement officer, and all political signs shall be removed within ten days after the election or primary for which the candidate is running. any such signs removed by the city may be cited against the candidate for code violation under F.S. ch. 162, and all actual costs incurred in removal of such signs shall also be assessed in such action. (8) Religious symbols and displays. (9) Garage and yard sale signs within residential districts only, not to exceed two square feet in sign area; such signs shall not be erected in public rights -of -way, on telephone poles, trees or fences, and shall be removed the same day as the last day of the sale. No such signs shall be permitted for a period in excess of three consecutive days. (Ord. No. 994, § 1, 4-21-2009; Ord. No. 1058, § 1, 4-6-2010) Sec. 90-568. - Prohibited signs. The following signs are expressly prohibited unless otherwise exempted or expressly authorized: (1) Signs that violate building or electrical codes. (2) Any signs that presents safety, traffic or pedestrian hazard, including signs which obstruct visibility or are located in the clear visibility triangle. (3) Blank signs, or signs that have faded or eroded to the extent no message or display is discernable. (4) Signs with moving lights. Signs with lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color. Signs with visible moving, revolving, running, or rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic, or mechanical means except for time -temperature -date signs, traditional barber poles, and governmental traffic devices and signage. This prohibition includes signs with the optical illusion of movement by means of a design that presents a pattern capable of giving the illusion of motion or changing of copy except signs of this type that provide time and temperature, or that display an image or electronic message, so long as such display or message does not change more frequently than once every 60 seconds. (5) Signs that are obscene, indecent or immoral. (6) Signs in excess of 100 square feet of sign face or in excess of 30 feet in height. (7) Strings of light bulbs used on commercial properties to promote commercial uses, other than holiday decorations. (8) Inflatable wind signs, except as permitted under allowable temporary signs. (9) Signs that incorporate projected images or emit any sound that is intended to attract attention. (10) Signs that emit audible sound, odor or visible attention, such as smoke or steam. (11) Signs or sign structures that interfere with the use of any fire escape, emergency exit or standpipe. (12) Nongovernmental signs that use the words "stop", "look", "danger" or similar word or phrase. (13) Signs that obstruct the vision of pedestrians, cyclists, or motorists traveling on or entering public rights -of -way, including sidewalks. (14) Signs within ten feet of a public right-of-way, or within 100 feet of a traffic light, which contain green or red lights, that might be confused with traffic control devices. (15) Search or spot lights used to advertise or promote a business or event or to attract customers to the location, except where permitted as temporary signs. (16) Signs erected on public property without the permission of the appropriate public authority, other than signs erected by public authority for public purposes, and signs authorized in writing pursuant to F.S. § 337.407. (17) Signs erected over or across any public street, on public rights -of -way, or in any public parks, except those that the city would permit for temporary or charitable civic functions, such as, including, but not limited to, church events, Cattlemen's Rodeo, Speckled Perch Festival, holiday parades, chamber of commerce events, and the like, as approved by the appropriate city department. (18) Portable signs, including those inserted or fastened to the ground by stake or wires, similar to a political sign; signs mounted on a trailer or towable frame typically surrounded by flashing lights and an arrow with sign display area are prohibited except as otherwise permitted as temporary signs. (19) Roof signs, as defined in this division. (20) Signs placed, erected or posted on trees, telephone or utility poles, lampposts, hydrants, fences, or any public building, or within the public park, except for banners that celebrate an event, season, community, neighborhood, or district which is sponsored by the city or a recognized not -for -profit community agency or organization. (21) Billboards, as defined in this division. (22) Signs or posters covering the windows and doors of a convenience business in such number and location so as to obscure one's vision into the business, as provided by F.S. § 812.173. (23) Snipe signs, as defined in this division. (24) Signs placed on benches, bus shelters, or waste receptacles except; a. As may be authorized in writing pursuant to F.S. § 337.407; and, b. Waste or recycling receptacles located on -site and containing only the name of the business or organization and the term "waste", "recycling" or similar terms intended to confer the purpose of the receptacle. (25) Signs or commercial displays on motor vehicles, trailers, boats, or other transportable device in excess of ten square feet total, when such vehicle, boat. trailer or device is parked on any public street, public right-of-way, on -street parking space or other public parking area, or other municipally owned property, except: a. For the period during which the driver is visiting, patronizing, or providing delivery or service to, an establishment in the immediate vicinity; or, b. For vehicles which are customarily used on a daily basis for delivery or service and which are parked in the immediate vicinity of the business to which they are associated. The purpose of this subsection (25) is to prevent the deliberate use of a vehicle or other device to thwart the city's limitations on off -premises advertising. (26) Off -premises signs on any property other than property located within the industrial zoning district, except that certain off -premises signs are allowed as provided for under subsections (24)a. and (25) of this section and in section 90-575. (Ord. No. 994, § 1, 4-21-2009; Ord. No. 1058, § 1, 4-6-2010) Sec. 90-569. - Sign area computation. (a) For freestanding signs, the sign area shall be the area within the smallest geometric shape that touches the outer points or edges of the sign face. (b) For building signs, except murals and noncommercial artwork, the sign area shall be the area within the smallest geometric shape that touches the outer point of raised portions of the sign, or all of the borders or trims, or in the absence of such border or trim, the outer points of the letters or pictures. (c) For freestanding signs where two sign faces are placed back to back on a single sign structure, and the faces are at no point more than four feet apart, the sign area shall be the area of one of the faces. (d) For freestanding signs, where four sign faces are arranged in a square, rectangle, or diamond, the sign area shall be the area of the two largest faces. (e) Where a freestanding sign or building sign is in the form of a three-dimensional object, the sign area shall be the area within the smallest geometric shape that touches the outer points or edges of the largest possible two-dimensional outline of the three-dimensional object and multiplying that area by two. (Ord. No. 994, § 1, 4-21-2009; Ord. No. 1058, § 1, 4-6-2010) Sec. 90-570. - Allowable temporary signs (no permit required). (a) Any temporary sign not complying with the requirements of this section is illegal and subject to immediate removal by the city. (b) The following temporary signs are permitted without a sign permit, provided that the sign conforms to the requirements associated therewith. Further, these signs shall not be counted as part of the allowable number or area of freestanding or building signs. (1) Signs to indicate that an owner is, either personally or through an agent, actively attempting to sell, rent, or lease property on which the sign is located, provided that the sign: a. Does not include the price, terms or similar details. b. Is not illuminated in any manner so as to create a traffic hazard or distraction, or constitute a nuisance to any adjacent or surrounding property. c. Does not exceed six square feet in area in residential districts. d. Does not exceed 32 square feet in all other districts. e. Is removed immediately after sale, lease or rental. (2) Construction site identification signs provided that the sign: a. Does not exceed 32 square feet in sign area. b. Is not displayed more than 60 days prior to the beginning of actual construction of the project. c. Is removed within 15 days after the issuance of the final certificate of occupancy. d. Is removed if construction is not initiated within 60 days after the message is displayed, or if construction is discontinued for a period of more than 60 days, pending initiation or continuation of construction activities. e. Is not located on a public right-of-way. (3) Signs, including portable signs, to announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events, festivals or any public, charitable educational or religious event or function, provided that the sign: a. Is located on the lot same property where the event will occur or, if located elsewhere, the written consent of the property owner on which the sign(s) will be located has been obtained, b. Is not displayed more than 14 days prior to the event, and c. Is removed within three days after the event. (4) Within the CBD District only, temporary portable signs placed on the city owned sidewalk in front of the business provided they do not interfere or endanger pedestrian traffic and are not displayed any time other than during the normal operating hours of the business. (Ord. No. 994, § 1, 4-21-2009; Ord. No. 1058, § 1, 4-6-2010) Editor's note— Ord. No. 1058, § 1, adopted April 6, 2010, amended § 90-570(title) to read as herein set out. Former § 90-570(title) pertained to permitted temporary signs (no permit required). Sec. 90-571. - Freestanding monument signs. Freestanding monument signs are permitted within all commercial and industrial zoning districts provided that; (1) The sign area for each multiple occupancy complex and each occupant not located in a multiple occupancy complex shall not exceed 64 square feet in area, or eight feet in height. (2) No development shall have more than one freestanding monument sign. (3) They are located consistent with all applicable set back requirements and are not located in a public right-of-way. (Ord. No. 994, § 1, 4-21-2009) Sec. 90-572. - Building signs. (a) Building signs for buildings with a single business or occupant; (1) The total area of all building signs for an enterprise shall not exceed one square foot of sign face area for each linear foot of property along the front of the lot. For the purpose of this section, the front of the lot is that side upon which the property is addressed. (2) No single building sign on any one side of a building shall exceed 60 square feet of sign face area, except that such size limit shall not apply to a building sign facing parallel to US 441 or SR 70 when the sign is located on a single -use building located on property fronting on US 441 or SR 70. (3) Where building signs are placed upon more than one side of the building, the combined sign face area, shall not exceed the amount permitted by subsection (1) above. (b) Building signs for buildings with multiple businesses or occupants. (1) One square foot of sign face area for each linear foot of the unit occupied by one business or occupant, provided that no such building sign shall exceed 48 square feet of sign face area for any one business (for example, if the width of a unit or several units occupied by one business is 24 feet, then one sign, a maximum of 24 square feet of sign face is permitted). (2) Building signs for different occupants shall be separated by a minimum distance of 36 inches. (c) Bracket signs or marquee signs. In lieu of the above described fascia signs, a business may install a single bracket sign or a single marquee sign in accordance with the following: (1) The maximum size of a bracket sign or a marquee sign shall be determined in the same manner as a fascia sign, provided that no such sign shall have more than 60 square feet of projected sign face area. (2) There shall not be more than 12 inches of clear space adjacent to the building wall, and such signs shall not extend or project from the face of the building more than ten feet. (3) No portion of such sign shall extend above the height of the roof. (4) No portion of such sign shall be closer than three feet of any sidewalk, bike path, or pedestrian walkway and no closer than five feet from any street side property line. All such signs shall be securely anchored to a wall and shall in no manner be connected to or suspended from the roof of any building. (Ord. No. 994, § 1, 4-21-2009; Ord. No. 1058, § 1, 4-6-2010; Ord. No. 1094, 1, 11 - 13-2012 ; Ord. No. 1130, 6 9, 1-19-2016 ) Sec. 90-573. - Limitations on the number and type of signs. The following limitations shall apply to the number and type of all signs except temporary signs, and building signs covered under sections 90-570 and 90-572, respectively. (a) Total number of all signs. Only the following number and types of signs and advertising devices shall be located on any lot or parcel at any one time, subject to the following conditions: (1) Ground signs and pole signs (permit required). One ground sign or pole sign is allowed in the front yard, and such sign shall not exceed 50 square feet in sign area and 20 feet in height, and shall not be closer than 25 feet to a residential district. (2) Inflatable wind signs, search lights, and spot lights (permit required). Not more than one inflatable wind sign or search light or spot light shall be permitted on a single lot or parcel. Inflatable wind signs, search lights, and spot lights shall be permitted only within the commercial and industrial zoning districts and only under the following conditions: a. Issuance of a sign permit shall be required; b. No such inflatable wind sign, search light, or spot light shall be displayed on the same property more than two times per year and no period of display shall exceed 14 total days; and, c. No such inflatable wind sign, search light, or spot light shall be placed on the public right-of-way. (3) Other signs such as portable signs, banners, and non -inflatable wind signs (no permit required). a. On lots with one single -occupancy building, not more than a total of three such signs shall be allowed on a single lot or parcel and only under the following conditions: The total area of such signs shall not exceed 48 square feet. 2. The maximum size of any banner shall be 16 square feet in area and eight feet in height. b. On lots with multiple buildings or a multiple occupancy building, one portable sign, banner, or noninflatable wind sign is allowed for each unit within the building(s) and such sign, banner, or noninflatable wind sign shall not exceed 16 square feet in area or eight feet in height. (b) Total area of all signs. The combined sign area of building signs, ground signs and pole signs is limited to one square foot for each linear foot of property on a frontage street, plus one square foot for each two linear feet of property on side streets. In addition the total area of other signs identified in subsection (a)(3), above, shall not exceed 48 square feet. (Ord. No. 994, § 1, 4-21-2009; Ord. No. 1058, § 1, 4-6-2010; Ord. No. 1079, § 12, 1-17-2012) Editor's note— Ord. No. 1058, § 1, adopted April 6, 2010, amended § 90-573(title) to read as herein set out. Former § 90-573(title) pertained to inflatable wind signs, search lights, and spot lights. Sec. 90-574. - Display of street numbers required. All businesses shall display the street number in a manner that is prominent and clearly readable to vehicular and pedestrian traffic, as appropriate. Street numbers shall be displayed on all freestanding signs and over front doors or primary entryways. (Ord. No. 994, § 1, 4-21-2009) Sec. 90-575. - Off -premises signs. Except for signs on benches or bus shelters, which are permitted exceptions under subsection 90- 568(24)a., off -premises signs located in other than the industrial zoning district are permitted only for directional purposes and must meet all of the following conditions: (1) That such signs are not within a public right-of-way, and a current and valid lease or letter of permission from the property owner for placement of the sign at that location, accompanies the permit application. (2) That such signs shall not exceed 20 feet in height nor display a sign face in excess of 50 square feet. (3) An off -premises directional sign, may be erected in any zoning district but shall not be attached to another existing sign, or be within 100 feet of a similar sign, or within 600 feet along the street of a sign for the same establishment. (4) That such signs contain no advertisement other than the name and type of the business, and directional information to travel to that business. (5) That such signs located within any residential district make no reference to a commercial or industrial business or use. (Ord. No. 994, § 1, 4-21-2009) Sec. 90-576. - Development signs and entrance signs for subdivisions, multifamily or PUD developments. (a) Signs for purposes of announcing a coming development project may be placed within any commercial and industrial zoning district, subject to the following: (1) Issuance of a sign permit shall be required, and no such sign shall remain on any development parcel for a period of time exceeding one year from the issuance date of the permit. (2) Complete and proper applications for building permits for the related development project must be submitted within 60 days of the placement of any such sign, or the sign shall be removed. (3) Such sign shall be removed within 30 days of the issuance of any certificate of occupancy, or at any time when construction ceases for a period of time longer than 30 consecutive days. (4) Only one such sign shall be placed upon the development parcel, and the sign face area and height of such sign shall not exceed 32 square feet and six feet in height, respectively. (b) Within nonresidential zoning districts, one sign advertising the sale or lease of the property shall be allowed per lot or development parcel and such sign shall be limited to eight feet in height and a maximum of 24 square feet of sign face area. A sign permit shall be required for such signs, and these signs shall be removed within ten days of sale or lease of the property. (c) Except for exempt signs as herein provided, signs within Residential or PUD zoning districts shall be limited to those set forth below. (1) For single-family and multifamily residential subdivisions, and developments containing more than ten building lots, where individual lots are accessed from a common internal roadway, one sign identifying the name of the subdivision or project shall be allowed at each entranceway from a collector or arterial street, provided that: a. There shall be no more than two signs per subdivision or development. b. Sign area shall not exceed 32 total square feet of sign face area. c. Maximum sign height shall not exceed eight feet. d. Any such sign shall be freestanding or monument style. Where more than one sign is allowed, each such sign erected shall be constructed and designed in the same manner. e. These signs may be only externally illuminated with ground mounted lighting. Any lighting shall project from the ground onto the sign and shall not be directed towards any street or residential lot. (2) For multifamily residential uses, development identification signs, internal directional signs and building identification signs are allowed subject to the following: a. One freestanding or monument style sign identifying the name of the development shall be allowed at each entrance provided that: 1. There shall be no more than two signs per development. 2. Sign area shall not exceed 32 total square feet of sign face area for each sign. 3. Maximum sign height shall not exceed eight feet. 4. Where more than one sign is allowed, each such sign shall be constructed and designed in the same manner. 5. These signs may be externally illuminated with ground mounted lighting. Any lighting shall project from the ground onto the sign and shall not be directed towards any street or residential lot. b. Internal directional signs and signs identifying buildings shall be limited to three feet in height and eight square feet of sign face area. (Ord. No. 994, § 1, 4-21-2009) Sec. 90-577. - Special regulations for signs in residential and PUD zoning districts. (a) A home occupation may have one nonilluminated sign, not exceeding one square foot, mounted flat against the principal building. (b) A boardinghouse or day care center located in a multifamily residential district may have one nonilluminated sign, not exceeding eight square feet and, if freestanding, eight feet in height. (c) Except as may be permitted as a temporary sign, no portable sign hall be permitted in any residential zoning district or that portion of a PUD that is devoted to residential use. (Ord. No. 994, § 1, 4-21-2009) Sec. 90-578. - Code compliance. All permanent signs and the illumination thereof, shall be designed, constructed and maintained in conformity with applicable provisions of the building and electrical codes. (Ord. No. 994, § 1, 4-21-2009) Sec. 90-579. - Illumination standards. (a) Sign lighting may not be designed or located to cause confusion with traffic lights. (b) Illumination of the sign is permissible, provided that none of the light emitted shines directly onto an adjoining property or into the eyes of motorists or pedestrians using or entering public streets. (c) Illuminated signs shall not have lighting mechanism that project more than 18 inches perpendicularly from any surface of the sign over public space. (Ord. No. 994, § 1, 4-21-2009) Sec. 90-580. - Placement standards. (a) Supports for signs or sign structures shall not be placed in or upon a public right-of-way or public easement, except under the terms of a lease between the owner of the easement or right-of-way, and the owner of the sign, or with the written approval of the City of Okeechobee. (b) No sign or sign structure shall be erected that impedes the use of any fire escape, emergency exit or standpipe. (c) All signs on private property shall be located in conformance with the minimum yard regulations of the district in which the sign is located, except that signs in street yards shall comply with the following requirements and limitations: (1) No part of any sign shall be located closer than one foot to the property line; and, (2) For signs on corner lots and located within the visibility triangle, the bottom of the sign shall be at least ten feet above the crown of the adjacent road, or the top of the sign shall be less than two feet, six inches above the crown of the adjacent road. (Ord. No. 994, § 1, 4-21-2009; Ord. No. 1058, § 1, 4-6-2010) Sec. 90-581. - Clearance standards. (a) All signs over pedestrian ways shall provide a minimum of seven feet six inches of clearance. (b) All signs over vehicular ways shall provide a minimum of 17 feet of clearance. (Ord. No. 994, § 1, 4-21-2009) Sec. 90-582. - Design standards. (a) All freestanding signs shall be designed to resist a wind pressure of 20 pounds per square foot in any direction. (b) No building sign may project more than 18 inches from the building wall. (Ord. No. 994, § 1, 4-21-2009) Sec. 90-583. - Nonconforming signs. All signs which were lawfully in existence and constructed or installed with properly issued sign permits as of the effective date of these amended regulations, and which are made nonconforming by these provisions herein, shall be allowed to remain in accordance with the following conditions: (1) Freestanding signs made nonconforming at the initial date of these amended regulations which are not in compliance only with respect to the minimum required distance from any property line shall be allowed to remain in the existing location provided that no portion of the sign is located within any publicly owned right-of-way, or utility easement and that no interference with clear clearance distance exists, and further provided that such signs are otherwise in compliance with the terms of this Code. (2) Freestanding signs made nonconforming at the initial date of these amended regulations, which are not in compliance with respect to maximum width, height or size shall be allowed to remain, provided that such signs are otherwise in compliance with the terms of this Code. (3) Nonconforming signs, including those as described in subsections (1) and (2) above, shall be made conforming with all provisions of this Code when any of the following changes are made: a. Any change to the structural support or structural materials, including temporary relocation associated with routine maintenance of a property, where the cost of such change exceeds 50 percent of the replacement value of the sign including the supporting structure if it is a freestanding sign. b. Any voluntary change which increases the height, size, display area or illumination of a sign. c. Any sign on which 50 percent or more of the material making up the sign face is replaced (excluding the mere repainting of the message, or the replacement of removable lettering attached to the material making up the sign face, where the cost of such change exceeds 50 percent of the replacement value of the sign including the supporting structure if it is a freestanding sign. d. Any sign which is involuntarily damaged to the extent that the repair of such damage exceeds 50 percent of the replacement value of the sign including the supporting structure if it is a freestanding sign. e. Any replacement of an abandoned sign, defined as any sign not routinely maintained as required by this Code. f. Any change necessary for compliance with Florida Building Code requirements. (4) Signs which constitute a hazard. The preceding provisions of this section shall not be construed to apply to signs that are abandoned, deteriorated, dilapidated, or in a general state of disrepair, or which are determined to create a hazard to public safety. A nonconforming sign which constitutes a hazard to public safety or welfare shall be removed or relocated within 30 days of notification to the property owner by the city. (5) Discontinuance of use. Nonconforming signs shall be removed by the property owner when the principal structure on the property on which the sign is located is demolished. (6) Maintenance. A nonconforming sign shall be maintained in a neat and proper working order, or shall be removed. (Ord. No. 994, § 1, 4-21-2009; Ord. No. 1058, § 1, 4-6-2010) Sec. 90-584. - Violation constitutes nuisance; abatement. Any advertisement, advertising sign or advertising structure which is constructed, erected, operated, used, maintained, posted or displayed in violation of this Code is hereby declared to be a nuisance, and shall be forthwith removed, obliterated or abated. Any portable sign such as snipe signs or real estate signs may be removed without notification of the property owner, or such advertiser, if such sign is placed in a public right-of-way. (Ord. No. 994, § 1, 4-21-2009) Sec. 90-585. - Permit application and approval process. (a) The developer shall submit to the building official a completed sign application. (b) Within ten days after receipt of an application, the building official shall determine that the information is complete or incomplete and inform the developer of the deficiencies, if any. If the application is deemed: (1) Incomplete, the developer may submit the required information within ten days without payment of an additional application fee, but if more than ten days elapse, the developer must then initiate a new application and pay a new application fee; or (2) Complete, the building official shall determine if the sign meets all provisions of this Code, and shall issue the permit which states whether the application is approved, denied or approved with conditions, within 21 days of receiving the application. (Ord. No. 994, § 1, 4-21-2009) Sec. 90-586. - Procedure for appeal. Any administrative decision that is made by any city official in the administration or enforcement of this Code may be appealed within 30 days to the board of adjustment and appeals, whose decision shall be final. (Ord. No. 994, § 1, 4-21-2009) Sec. 90-587. - Murals. (a) Murals shall be permitted on all commercial or industrial structures within the city. Murals which depict historical and cultural scenes, and which contain no commercial messages, shall be developed in conjunction with, and under the guidance and supervision of, Okeechobee Main Street Inc., and shall be governed by the provisions of Appendix F, and shall be subject to the following: (1) No mural may, as determined by the city council, contain any picture, representation, graphic or display, that the average citizen, applying contemporary community standards, would find that the mural, taken as a whole, appeals to the prurient interest; depicts or describes, in a patently offensive way, sexual conduct as defined in this Code, and lacks any serious commercial, literary, artistic, political or scientific value; and (2) No mural may be in such proximity to the road or right-of-way of the city, or displayed in such a manner, that it would unreasonably distract the operators of motor vehicles, or raise public safety concerns. (Ord. No. 994, § 1, 4-21-2009) Sec. 90-588. - Signs and artwork not qualifying as murals. (a) Art forms on walls or other external building areas which are not considered murals due to their commercial content are permitted in the City of Okeechobee, but shall be considered signs, and the total area of such signs shall not exceed one hundred square feet of sign face. Such signs shall be subject to all applicable sections in this division and the provisions of Appendix F shall not apply. (b) Artwork on walls or other external building areas, which contains no commercial messages, and which is not considered a mural due to the fact that it is not a painted art form (e.g., wall paper or another material other than paint) are not considered signs and shall not be counted as part of the allowable area for building signs. Such artwork, however, shall not exceed 100 square feet in area. (Ord. No. 994, § 1, 4-21-2009; Ord. No. 1058, § 1, 4-6-2010) Sec. 90-589. - Unsafe locations and offensive signs prohibited. (a) As determined by the city council, no sign, mural or artwork subject to this section may contain any picture, representation, graphic or display, that the average citizen, applying contemporary community standards, would find that the sign, taken as a whole, appeals to the prurient interest; that the sign depicts or describes, in a patently offensive way, sexual conduct as defined in this Code, and the sign lacks any serious commercial, literary, artistic, political or scientific value; and (b) No sign, mural or artwork may be in such proximity to the road or right-of-way of the city, or displayed in such a manner, that it would unreasonably distract the operators of motor vehicles, or raise public safety concerns. (Ord. No. 994, § 1, 4-21-2009; Ord. No. 1058, § 1, 4-6-2010) Secs. 90-590-90-600. - Reserved. Exhibit 4 Feb 20, 2018 DIVISION 4. - LANDSCAPING Sec. 90-531. - Generally. Landscaping and landscape buffers shall be indicated on a site plan and provided in accord with the regulations of this division. (LDR 1998, § 500) Sec. 90-532. - Required landscaping. Following are requirements for the planting of trees and shrubs associated with development undertaken throughout the city. Landscaping material required under this section may be used to satisfy the requirements for landscaping in parking and vehicular use areas (section 90-533) and in landscape buffer areas (section 90-534). Individual single-family and duplex structures ( No requirement Multiple -family one bedroom Multiple -family two to four bedrooms Mobile home park or subdivision Adult/assisted living facilities, nursing home All other uses Two trees per dwelling Three trees per dwelling Two trees per dwelling One tree per two units or bedrooms At least one tree and three shrubs shall be planted for every 3,000 square feet of lot area, excluding areas of existing vegetation which are preserved. (LDR 1998, § 501; Ord. No. 1010, § 3, 2-19-2008) Sec. 90-533. - Landscaping requirements for parking and vehicular use areas. Except for those associated with an individual single-family or duplex structure, all vehicular use areas containing eight or more parking spaces, or containing an area greater than 2,400 square feet, shall provide perimeter and interior landscaping as follows: (1) At least 18 square feet of landscaped area for each required parking space. (2) At least one tree for each 72 square feet of required landscaped area. (3) Shade trees shall be planted at no more than 20 feet on centers (4) A minimum two feet of landscaping shall be required between vehicular use areas and on -site buildings and structures, except at points of ingress and egress. (5) The minimum dimension for any required landscaped area within a parking or vehicular use area shall be four feet except for that adjacent to on -site buildings and structures. (6) A landscaped island, minimum five feet by 15 feet and containing at least one tree, shall be required for every ten parking spaces with a maximum of 12 uninterrupted parking spaces in a row. (7) The remainder of a parking landscape area shall be landscaped with grass, ground cover, or other landscape material. (LDR 1998, § 502; Ord. No. 1010, § 4, 2-19-2008) Sec. 90-534. - Required residential and nonresidential buffer areas. For all development undertaken throughout the city, except for construction of an individual single- family or duplex structure, landscaped buffer areas shall be required within required setbacks and landscaped as follows: (1) Minimum width of buffer along street frontage shall be ten feet and on other property lines, two feet. (2) At least one tree and three shrubs for each 300 square feet of required landscaped buffer. (3) Trees may be planted in clusters, but shall not exceed 50 feet on centers abutting the street. (4) The remainder of a landscape buffer shall be landscaped with grass, ground cover, or other landscape material. (LDR 1998, § 503; Ord. No. 1010, § 4, 2-19-2008; Ord. No. 1079, § 11, 1-17-2012) Editor's note— Ord. No. 1079, § 11, adopted Jan. 17, 2012, amended § 90-534 title to read as herein set out. Former § 90-534 title pertained to required landscaped buffer areas. Sec. 90-535. - Reserved. Editor's note— Ord. No. 1079, § 11, adopted Jan. 17, 2012, repealed former § 90-535, and enacted a new § 90-535 as set out herein. Former § 90-535 pertained to nonresidential buffer regulations and derived from LDR 1998, § 504. Sec. 90-536. - Planting in dry retention areas. Slopes of dry retention areas may be used to satisfy landscape requirements, provided that the landscape materials used are not adversely susceptible to periodic inundation. (LDR 1998, § 505) Sec. 90-537. - Protection of native vegetative communities and wetlands. (a) Native vegetative communities shall be protected from adverse impacts of development. (b) Wetland buffers shall be at least 25 feet wide and shall be supplemented only with native trees, shrubs and ground cover. (LDR 1998, § 506) Sec. 90-538. - Landscape design and plan. (a) Proposed development, vehicular and pedestrian circulation systems, and site drainage shall be integrated into the landscaping plan. (b) Existing native vegetation shall be preserved where feasible, and may be used in calculations to meet these landscaping requirements. (c) When more than ten trees are required to be planted, two or more species shall be used. (d) Trees and shrubs shall not be planted in a location where at their maturity they would interfere with utility services. (e) Trees should maximize the shading of pedestrian walks and parking spaces. (f) Landscaping ground covers should be used to aid soil stabilization and prevent erosion. (g) Landscaping shall be protected from vehicular encroachment by means of curbs, wheel stops, walks or similar barriers. (LDR 1998, § 510) Sec. 90-539. - Alternative landscape design and plan. (a) An applicant shall be entitled to demonstrate that the landscape and buffer requirements can be more effectively met by an alternative landscape plan. (b) Upon review and recommendation, the technical review committee may approve an alternative landscape plan. (LDR 1998, § 511) Sec. 90-540. - Native drought tolerant plant materials required. (a) Plants required to be installed shall be elected from the South Florida Water Management District's.. Xeriscape Plant Guide. WOW " K Uh MW (b) At least 75 percent of the total number of plants required shall be state native very drought tolerant species as listed in the South Florida Water Management District ' ,Gape PWnt,,Gtude. However, when a landscape irrigation system is installed, at least 75 percent or the total number of plants required shall be state native moderate or very drought tolerant species. (c) Trees shall be at least ten feet high and two inches in diameter measured four feet above ground level at the time of planting. (LDR 1998, § 512) Sec. 90-541. - Maintenance. (a) Sufficient topsoil and water shall be provided during the plants' establishment periods to sustain healthy growth. (b) Plants shall be maintained in a healthy condition, and dead, severely damaged or diseased plants shall be replaced. (LDR 1998, § 513) Sec. 90-542. - Prohibited plants. The following plants are deemed and declared to be a nuisance within the city for existing development. In addition, after development approval, the following plant species shall not be used to comply with this division, and shall not be planted: Melaleuca leucadendra (Punk Schinus terebinthifolius (Brazilian Casuarina spp. (Australian Pine) Tree) Pepper) Cupianopsis anacardiodes (Carrotwood) Albizzia lebbeck (Womans Tongue) Brassaia actinophylla (Schefflera) Dalbergia sissoo (Rose Wood) Araucada heterophylla (Norfolk Pine) Enterolobium cycocarpum (Ear Tree) Bishofia javanica (Bishofia) Eucalyptus spp. (Eucalyptus) Acacia audculiformis (Earleaf Acacia) Ficus spp. (Nonnative Ficus) Grevilla robusta (Silk Oak) Capium sebifrum (Chinese Tallow tree) Syzygium cumini (Java Plum) Melia azedarach (Chinaberry tree) (LDR 1998, § 514) Sec. 90-543. - Utility corridor requirements. (a) Landscaping near overhead electrical transmission or distribution lines, telephone lines, or cable television lines in both residential and nonresidential areas shall follow the additional requirements of this section to minimize disruption or interference with such lines due to maturing vegetation. (b) No tree shall be planted where it could, at mature height, conflict with overhead utility lines. Larger trees (trees with a mature height of 30 feet or more) shall be planted no closer than a horizontal distance of 30 feet from the nearest overhead utility line. Medium trees (trees with a height of 20 to 30 feet) shall be offset at least 20 feet horizontally from the nearest overhead utility line. Small trees (trees with a mature height of less than 20 feet) shall not be required to meet a minimum offset, except that no tree, regardless of size shall be planted within five feet of any existing or proposed utility pole, guy wire, pad -mounted electrical transformer, or other utility transmission/collection structure equipment. (c) Palm trees with a maximum mature height great enough to interfere with overhead utility lines shall not be planted below overhead lines, and shall be located a minimum of 2Y2 feet, plus the average mature frond length, outside of any utility right-of-way. The public works department, together with the Florida Power and Light Company, shall maintain a list of trees typically found in the South - Central Florida area that at mature growth heights could reasonably be expected to interfere with overhead utility lines. (d) Vines shall be a minimum of 30 inches in height at planting, and may be used in conjunction with fences, screens, or walls to meet or create physical barriers. No vine, however, shall be planted or permitted to grow within utility easements or within five feet of any existing or proposed utility pole, guy wire or pad -mounted transformer. (LDR 1998, § 515) Secs. 90-544-90-560. - Reserved. OF.QK f MEMORANDUM 0 To: Mayor and City Council Members From: Marcos Montes De Oca, Administrator rf-'' Subject: February 20, 2018 Agenda Additional Agenda Item Date: February 20, 2018 Please add the following item to the February 20, 2018 City Council Regular Meeting Agenda: VIII.F. Motion to approve the sale of Lot 13 (3.08 acres) and Lot 14 (4.08 acres) located in the City of Okeechobee Commerce Center — City Administrator (Exhibit 5). Commercial Contract Real Esiate 1 1. PARTIES AND PROPERTY: Karl Davis and or Assignees ("Buyer") 2 agrees to buy and City of Okeechobee ("Seller") 3 agrees to sell the property at: �`- rf S k-, 4 Street Address: TBD -NE 9th Ave Lots 2+Z& 5 6 Legal Description: Long -Lengthy- See Recorded Deed 7 PIN:3-15-37-35-0020-00000-0130 And 3-15-37-35-0020-00000-0140 a and the following Personal Property: 10 (all collectively referred to as the "Property") on the terms and conditions set forth below. 11 2. PURCHASE PRICE: $ 263,000.00 12 (a) Deposit held in escrow by: Buyer's Attorney $ 5,000.00 13 ("Escrow Agent") (checks are subject to actual and final collection) 14 Escrow Agent's address: Phone: 15 (b) Additional deposit to be made to Escrow Agent 16 xn within 3 days (3 days, if left blank) after completion of Due Diligence Period or 17 ❑ within days after Effective Date $ 50,000.00 18 (c) Additional deposit to be made to Escrow Agent 19 [] within days (3 days, if left blank) after completion of Due Diligence Period or 20 [] within days after Effective Date $ 21 (d) Total financing (see Paragraph 5) $ 22 (e) Other $ 23 (f) All deposits will be credited to the purchase price at closing. 24 Balance to close, subject to adjustments and prorations, to be paid 25 via wire transfer. $ 208,000.00 26 For the purposes of this paragraph, "completion" means the end of the Due Diligence Period or upon delivery of 27 Buyer's written notice of acceptability. 28 3. TIME FOR ACCEPTANCE; EFFECTIVE DATE; COMPUTATION OF TIME: Unless this offer is signed by Seller 29 and Buyer and an executed copy delivered to all parties on or before February 16, 2018 , this offer 30 will be withdrawn and the Buyer's deposit, if any, will be returned. The time for acceptance of any counter offer will be 31 3 days from the date the counter offer is delivered. The "Effective Date" of this Contract is the date on which the 32 last one of the Seller and Buyer has signed or initialed and delivered this offer or the final counter offer or 33 . Calendar days will be used when computing time periods, except time periods of 5 34 days or less. Time periods of 5 days or less will be computed without including Saturday, Sunday, or national legal 35 holidays. Any time period ending on a Saturday, Sunday, or national legal holiday will extend until 5:00 p.m. of the next 36 business day. Time is of the essence In this Contract. 37 4. CLOSING DATE AND LOCATION: or before Ma 38 (a) Closing Date: This transaction will be closed on Y 17 2018 (Closing Date), unless 39 specifically extended by other provisions of this Contract, The Closing Date will prevail over all other time periods 40 including, but not limited to, Financing and Due Diligence periods. In the event insurance underwriting is suspended And getting any approvals that are needed, ) Buyer ( ) and Seller L_.—.) acknowledge receipt of a copy of this page, which is Page 1 of B Pages, CC-5 Rev 8I17 92017 Florida Realtors* Serf alN: 031257-200151-7177667 Elect—W.JS7 Sig— wing I Session 10 1695de52.76194556-k(l".3a9ld536a2 Electronically Signed using eSignOnline^ [ Session 10 OacbeBfa-1 ea5-41 fd-88a3-978f76e865af j 41 on Closing Date and Buyer is unable to obtain property insurance, Buyer may postpone closing up to 5 days after 42 the insurance underwriting suspension is lifted. 43 (b) Location: Closing will take place in Okeechobee County, Florida. (if left blank, closing will take place in the 44 county where the property is located.) Closing may be conducted by mail or electronic means. 45 5, THIRD PARTY FINANCING: 46 BUYER'S OBLIGATION: On or before days (5 days If left blank) after Effective Date, Buyer will apply for third 47 party financing in an amount not to exceed % of the purchase price or $ , with a fixed 4e interest rate not to exceed % per year with an initial variable interest rate not to exceed %, with points or 49 commitment or loan fees not to exceed % of the principal amount, for a term of years, and amortized 5o over years, with additional terms as follows: 51 52 Buyer will timely provide any and all credit, employment, financial and other information reasonably required by any 53 lender. Buyer will use good faith and reasonable diligence to (i) obtain Loan Approval within days (45 days if left 54 blank) from Effective Date (Loan Approval Date), (ii) satisfy terms and conditions of the Loan Approval, and (III) close 55 the loan. Buyer will keep Seller and Broker fully informed about loan application status and authorizes the mortgage 56 broker and lender to disclose all such information to Seller and Broker. Buyer will notify Seller immediately upon 57 obtaining financing or being rejected by a tender, CANCELLATION: If Buyer after using good faith and reasonable 58 diligence, fails to obtain Loan Approval by Loan Approval Date, Buyer may within days (3 days if left blank) 59 deliver written notice to Seller stating Buyer either waives this financing contingency or cancels this Contract. 60 If Buyer does neither, then Seller may cancel this Contract by delivering written notice to Buyer at any time thereafter. 61 Unless this financing contingency has been waived, this Contract shall remain subject to the satisfaction, by closing, of 62 those conditions of Loan Approval related to the Property. DEPOSIT(S) (for purposes of Paragraph 5 only): If Buyer 63 has used good faith and reasonable diligence but does not obtain Loan Approval by Loan Approval Date and 84 thereafter either party elects to cancel this Contract as set forth above or the lender fails or refuses to close on or 65 before the Closing Date without fault on Buyer's part, the Deposit(s) shall be returned to Buyer, whereupon both ss parties will be released from all further obligations under this Contract, except for obligations stated herein as surviving 87 the termination of this Contract. If neither party elects to terminate this Contract as set forth above or Buyer fails to use se good faith or reasonable diligence as set forth above, Seller will be entitled to retain the Deposit(s) if the transaction 69 does not close, For purposes of this Contract, "Loan Approval" means a statement by the lender setting forth the terms 70 and conditions upon which the lender Is willing to make a particular mortgage loan to a particular buyer. Neither a pre- 71 approval letter nor a prequalification letter shall be deemed a Loan Approval for purposes of this Contract. 72 6. TITLE: Seller has the legal capacity to and will convey marketable title to the Property by X statutory warranty 73 deed [] special warranty deed D other , free of liens, easements and 74 encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, 75 restrictions and public utility easements of record; existing zoning and governmental regulations; and (list any other 76 matters to which title will be subject) 77 78 provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the 79 Property as Industrial 80 (a) Evidence of Title: The party who pays the premium for the title insurance policy will select the closing agent 81 and pay for the title search and closing services. Seller will, at (check one) ix� Seller's ❑ Buyer's expense and 82 within 10 days after Effective Date or at least days before Closing Date deliver to Buyer (check one) 83 ❑x (i) a title insurance commitment by a Florida licensed title insurer setting forth those matters to be discharged by 84 Seller at or before Closing and, upon Buyer recording the deed, an owner's policy in the amount of the purchase a5 price for fee simple title subject only to exceptions stated above. If Buyer is paying for the evidence of title and 86 Seller has an owner's policy, Seller will deliver a copy to Buyer within 15 days after Effective Date. ❑ (ii.) an 87 abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm. ea However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed 89 insurer as a base for reissuance of coverage may be used. The prior policy will include copies of all policy 90 exceptions and an update in a format acceptable to Buyer from the policy effective date and certified to Buyer or Buyer (e} ( and Seiler �(—J acknowledge receipt of a copy of this page, which is Page 2 of 8 Pages. CC-5 Rev 9117 SeNaW! 031257-200151.7177607 (02017 Florida Realtors' Elacuonlcalq 6pned using eSp�Onane' [ Sesson ID 1595de52.7d494556.9r.08 a,3a91d536a2 j Electronically Signed using eSignOnline"'[ Session ID Oacbe8fa-1ea541fd-88a3978r76e865af I 91 Buyer's closing agent together with copies of all documents recited in the prior policy and in the update. If such 92 an abstract or prior policy is not available to Seer !h i, agave i(I be the evld nc o title. Unttlx�l�ation o Inspectioner�odf 93 (b) Title Examination: Buyer will, within 46-days from receipt of the evidence of title deliver written notice to Seller 94 of title defects. Title will be deemed acceptable to Buyer if (1) Buyer fails to deliver proper notice of defects or (2) gs Buyer delivers proper written notice and Seller cures the defects within 30 days from receipt of the notice go ("Curative Period"). Seller shall use good faith efforts to cure the defects. If the defects are cured within the 97 Curative Period, dosing will occur on the latter of 10 days after receipt by Buyer of notice of such curing or the 98 scheduled Closing Date. Seller may elect not to cure defects if Seller reasonably believes any defect cannot be 99 cured within the Curative Period. If the defects are not cured within the Curative Period, Buyer will have 10 days 100 from receipt of notice of Seller`s inability to cure the defects to elect whether to terminate this Contract or accept 101 title subject to existing defects and close the transaction without reduction in purchase price. 102 (c) Survey: (check applicable provisions below) 103 (i.) 0 Seller will, within 10 days from Effective Date, deliver to Buyer copies of prior surveys, 104 plans, specifications, and engineering documents, if any, and the following documents relevant to this 105 transaction: 108 107 prepared for Seller or In Seller's possession, which show all currently existing structures. In the event this 108 transaction does not close, all documents provided by Seller will be returned to Seller within 10 days from the 109 date this Contract is terminated. 110 Q Buyer will, at ❑ Seller's [K Buyer's expense and within the time period allowed to deliver and examine 111 title evidence, obtain a current certified survey of the Property from a registered surveyor. If the survey reveals 112 encroachments on the Property or that the improvements encroach on the lands of another, [] Buyer will 113 accept the Property with existing encroachments x❑ such encroachments will constitute a title defect to be 114 cured within the Curative Period. 115 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress. 116 7. PROPERTY CONDITION: Seller will deliver the Property to Buyer at the time agreed in its present "as is" condition, 117 ordinary wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition. Seller 11s mattes no warranties other than marketability of title. In the event that the condition of the Property has materially 119 changed since the expiration of the Due Diligence Period, Buyer may elect to terminate the Contract and receive a 120 refund of any and all deposits paid, plus interest, if applicable, or require Seller to return the Property to the required of 121 condition existing as of the end of Due Diligence period, the cost of which is not to exceed $ 122 the purchase price, if left blank). By accepting the Property "as is", Buyer waives all claims against Seller for any 123 defects in the Property. (Check (a) or (b)) 124 ❑ (a) As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its "as is" 125 Condition. 126 0 (b) Due Diligence Period: Buyer will, at Buyer's expense and within 90 days from Effective Date ("Due 127 Diligence Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion. During the 128 term of this Contract, Buyer may conduct any tests, analyses, surveys and investigations ("Inspections") which 129 Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural, 130 environmental properties; zoning and zoning restrictions; flood zone designation and restrictions; subdivision 131 regulations; soil and grade; availability of access to public roads, water, and other utilities; consistency with local, 132 state and regional growth management and comprehensive land use plans; availability of permits, government 133 approvals and licenses; compliance with American with Disabilities Act; absence of asbestos, soil and ground 134 water contamination; and other inspections that Buyer deems appropriate. Buyer will deliver written notice to 135 Seiler prior to the expiration of the Due Diligence Period of Buyer's determination of whether or not the Property 136 is acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property in 137 its present "as is" condition. Seller grants to Buyer, its agents, contractors and assigns, the right to enter the 138 Property at any time during the term of this Contract for the purpose of conducting Inspections, upon reasonable 139 notice, at a mutually agreed upon time; provided, however, that Buyer, its agents, contractors and assigns enter 140 the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller harmless from 141 losses, damages, costs, claims and expenses of any nature, including attorneys' fees at all levels, and from 142 liability to any person, arising from the conduct of any and all inspections or any work authorized by Buyer. Buyer 143 will not engage in any activity that could result In a mechanic's lien being filed against the Property without 144 Seller's prior written consent. In the event this transaction does not close, (1) Buyer will repair all damages to the Buyer and Seller )�--i acknowledge receipt of a copy or this page, which is Page 3 of a Pages. 02017Florida Realtors® CC-5 Rev 9117 Serial#: 031267-200161-7111667 ElecwmGady Signed "slog eSgnOnlina" i Session ID 1695de62-7d4g4556 9c00Ac3e9W536ei Electronically Signed using eSlgnOnline'"[ Session 10 0acbe8fa-tea5-41fd-88a3-978f76e865af ] 145 Property resulting from the Inspections and return the Property to the condition It was in prior to conduct of the 146 Inspections, and (2) Buyer will, at Buyer's expense release to Seller all reports and other work generated as a 147 result of the Inspections. Should Buyer deliver timely notice that the Property is not acceptable, Seller agrees that 148 Buyer's deposit will be immediately returned to Buyer and the Contract terminated. 149 (e) Walk-through Inspection: Buyer may, on the day prior to closing or any other time mutually agreeable to the 150 parties, conduct a final "walk-through" inspection of the Property to determine compliance with this paragraph and 151 to ensure that all Property is on the premises. 152 8.OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Property and any 153 business conducted on the Property in the manner operated prior to Contract and will take no action that would 154 adversely impact the Property after closing, as to tenants, lenders or business, if any. Any changes, such as renting 155 vacant space, that materially affect the Property or Buyer's intended use of the Property will be permitted Nx only with 156 Buyer's consent ❑ without Buyer's consent. 157 9. CLOSING PROCEDURE: Unless otherwise agreed or stated herein, closing procedure shall be in accordance with 158 the norms where the Property is located. 159 (a) Possession and Occupancy: Seller will deliver possession and occupancy of the Property p Buyer at 160 dosing. Seller will provide keys, remote controls, and any security/access codes necessary to operate all locks, 161 mailboxes, and security systems. 162 (b) Costs: Buyer will pay Buyer's attorneys' fees, taxes and recording fees on notes, mortgages and financing 163 statements and recording fees for the deed. Seller will pay Seller's attorneys' fees, taxes on the deed and 164 recording fees for documents needed to cure title defects. If Seller is obligated to discharge any encumbrance at or 165 prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances. 166 (c) Documents: Seller will provide the deed; bill of sale; mechanic's lien affidavit; originals of those assignable 167 service and maintenance contracts that will be assumed by Buyer after the Closing Date and letters to each 168 service contractor from Seller advising each of them of the sale of the Property and, if applicable, the transfer of its 169 contract, and any assignable warranties or guarantees received or held by Seller from any manufacturer, 170 contractor, subcontractor, or material supplier in connection with the Property; current copies of the condominium 171 documents, if applicable; assignments of leases, updated rent roll; tenant and lender estoppeis letters (if 172 applicable); tenant subordination, non -disturbance and attornment agreements (SNDAs) required by the Buyer or 173 Buyer's lender; assignments of permits and licenses; corrective instruments; and letters notifying tenants of the 174 change in ownership/rental agent. If any tenant refuses to execute an estoppeis letter, Seller, if requested by the 175 Buyer in writing, will certify that information regarding the tenant's lease is correct. If Seller is an entity, Seller will 176 deliver a resolution of its governing authority authorizing the sale and delivery of the deed and certification by the 177 appropriate party certifying the resolution and setting forth facts showing the conveyance conforms to the 178 requirements of local law. Seller will transfer security deposits to Buyer. Buyer will provide the closing statement, 179 mortgages and notes, security agreements, and financing statements. 180 (d) Taxes and Prorations: Real estate taxes, personal property taxes on any tangible personal property, bond 181 payments assumed by Buyer, interest, rents (based on actual collected rents), association dues, insurance 182 premiums acceptable to Buyer, and operating expenses will be prorated through the day before closing. If the 183 amount of taxes for the current year cannot be ascertained, rates for the previous year will be used with due 184 allowance being made for improvements and exemptions. Any tax proration based on an estimate will, at request 185 of either parry, be readjusted upon receipt of current year's tax bill; this provision will survive closing. 186 (e) Special Assessment Liens: Certified, confirmed, and ratified special assessment liens as of the Closing Date 187 will be paid by Seller. if a certified, confirmed, and ratified special assessment is payable in installments, Seller will 188 pay all installments due and payable on or before the Closing Date, with any installment for any period extending 189 beyond the Closing Date prorated, and Buyer will assume all installments that become due and payable after the 190 Closing Date. Buyer will be responsible for all assessments of any kind which become due and owing after Closing 191 Date, unless an improvement is substantially completed as of Closing Date. If an improvement is substantially 192 completed as of the Closing Date but has not resulted in a lien before closing, Seller will pay the amount of the last 193 estimate of the assessment. This subsection applies to special assessment liens imposed by a public body and 194 does not apply to condominium association special assessments. 195 (17 Foreign investment in Real Property Tax Act (FIRPTA). if Seller is a "foreign person" as defined by FIRPTA, 196 Seller and Buyer agree to comply with Section 1445 of the Internal Revenue Code. Seller and Buyer will 197 complete, execute, and deliver as directed any instrument, affidavit, or statement reasonably necessary to comply Buyer kl) and Seller � U—) acknowledge receipt of a copy of this page, which is Page 4 of S Wages. 02017 Flonda Realtors° CC-5 Rev 9/17 serlaW: 031257-200165-7177667 Elacwnically Signed using eSgnOnhna' 1 S.-on 101695da52-7d494555.9c08Ac3a9fd638a21 Electronically Signed using eSignOnline'"I Session ID Oacbe8fa-1 ea5-41fd-88a3-978f76e865af I 198 with the FIRPTA requirements, including delivery of their respective federal taxpayer Identification numbers or 199 Social Security Numbers to the closing agent. If Buyer does not pay sufficient cash at closing to meet the 200 withholding requirement, Seller will deliver to Buyer at closing the additional cash necessary to satisfy the 201 requirement. 202 10. ESCROW AGENT: Seller and Buyer authorize Escrow Agent or Closing Agent (collectively "Agent") to receive, 203 deposit, and hold funds and other property in escrow and, subject to collection, disburse them in accordance with the 204 terms of this Contract. The parties agree that Agent will not be liable to any person for misdelivery of escrowed items to 205 Seller or Buyer, unless the misdelivery is due to Agent's willful breach of this Contract or gross negligence. If Agent 206 has doubt as to Agent's duties or obligations under this Contract, Agent may, at Agent's option, (a) hold the escrowed 207 items until the parties mutually agree to its disbursement or until a court of competent jurisdiction or arbitrator 208 determines the rights of the parties or (b) deposit the escrowed items with the clerk of the court having jurisdiction over 209 the matter and file an action in interpleader. Upon notifying the parties of such action, Agent will be released from all 210 liability except for the duty to account for items previously delivered out of escrow. If Agent is a licensed real estate 211 broker, Agent will comply with Chapter 475, Florida Statutes. In any suit in which Agent interpleads the escrowed items 212 or is made a party because of acting as Agent hereunder, Agent will recover reasonable attorney's fees and costs 213 incurred, with these amounts to be paid from and out of the escrowed items and charged and awarded as court costs 214 in favor of the prevailing party. 215 11. CURE PERIOD: Prior to any claim for default being made, a party will have an opportunity to cure any alleged 216 default. If a parry fails to comply with any provision of this Contract, the other party will deliver written notice to the non- 217 complying party specifying the non-compliance. The non -complying party will have 30 days (5 days if left blank) after 218 delivery of such notice to cure the non-compliance. Notice and cure shall not apply to failure to close. 219 12. FORCE MAJEURE: Buyer or Seller shall not be required to perform any obligation under this Contract or be liable 220 to each other for damages so long as performance or non-performance of the obligation, or the availability of services, 221 insurance, or required approvals essential to Closing, is disrupted, delayed, caused or prevented by Force Majeure. 222 "Force Majeure" means: hurricanes, floods, extreme weather, earthquakes, fire, or other acts of God, unusual 223 transportation delays, or wars, insurrections, or acts of terrorism, which, by exercise of reasonable diligent effort, the 224 non -performing party is unable in whole or in part to prevent or overcome. All time periods, including Closing Date, will 225 be extended a reasonable time up to 7 days after the Force Majeure no longer prevents performance under this 226 Contract, provided, however, if such Force Majeure continues to prevent performance under this Contract more than 228 30 days beyond d Closinglfun to Buyer, thereby releasing Buyerer party may terminate la d Sellertby delivering written from all further obligations ttce to the other under this Contract. 228 and the Deposit 229 13. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is 230 not met and Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit 231 will be returned in accordance with applicable Florida Laws and regulations. 232 14. DEFAULT; is not closed due to any default or failure on the part of Seller other than failure to make 233 (a) In the event the sale 234 the title marketable after diligent effort, Buyer may elect to receive return of Buyer°s deposit without thereby 235 waiving any action for damages resulting from Seller's breach and may seek to recover such damages or seek >�� 236 specific performance. If Buyer elects a deposit refund, Seller maybe liable to Broker for the full amount of the 237 brokerage fee. 238 (b) In the event the sale is not closed due to any default or failure on the part of Buyer, Seller neyreiVrer (1) Shall 239 retain all deposit(s) paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the 240 execution of this Contract, and in full settlement of any claims, upon which this Contract will terminate or (2) seek 241 �s ee f na ➢f Buyer falls to timely place a deposit as required by this Contract, Seller may either (1) 242 terminate the Contract and seek the remedy outlined in this subparagraph or (2) proceed with the Contract without 243 waiving any remedy for Buyer's default. 244 IS. ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the 245 prevailing party, which for purposes of this provision will include Buyer, Seller and Broker, will be awarded reasonable 246 attomeys' fees, costs, and expenses. 247 16. NOTICES: All notices will be in writing and may be delivered by mail, overnight courier, personal delivery, or 248 electronic means. Parties agree to send all notices to addresses specified on the signature page(s). Any notice, 249 document, or item given by or delivered to an attorney or real estate licensee (including a transaction broker) 250 representing a parry will be as effective as if given by or delivered to that party. Buyer ri) l______) and Seller (IL -AL-) acknowledge receipt of a copy of this page, which is Page 5 of 8 Pages. 02017 Florida RealtaW CC•5 Rev 9/17 Seda01: 071257.200151.717l$67 Elearoniwiry 519na0 using 4S,Oobea* I S—on ID - 1695da52.7,494650-9COB-oc3a9,,d636a2 I Electronically Signed using eSignOnline TM[ Session ID Oacbe8fa-1ea5-41fd-88a3-978f76e865af I 251 17. DISCLOSURES: 252 (a) Commercial Real Estate Sales Commission Lion Act: The Florida Commercial Real Estate Sales 253 Commission Lien Act provides that a broker has a lien upon the owner's net proceeds from the sale of 254 commercial real estate for any commission earned by the broker under a brokerage agreement. The lien upon the 255 owner's net proceeds is a lien upon personal property which attaches to the owner's net proceeds and does not 256 attach to any interest in real property. This lien right cannot be waived before the commission is earned. 257 (b) Special Assessment Liens Imposed by Public Body: The Property may be subject to unpaid special 258 assessment lien(s) imposed by a public body. (A public body includes a Community Development District.) Such 259 liens, if any, shall be paid as set forth in Paragraph 9(e). 260 (c) Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in 261 sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that 262 exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon 263 and radon testing may be obtained from your county public health unit. 264 (d) Energy -Efficiency Rating Information: Buyer acknowledges receipt of the information brochure required by 265 Section 553.996, Florida Statutes. 266 18. RISK OF LOSS: 267 (a) If, after the Effective Date and before closing, the Property is damaged by fire or other casualty, Seller will 268 bear the risk of loss and Buyer may cancel this Contract without liability and the deposits) will be returned to 269 Buyer. Alternatively, Buyer will have the option of purchasing the Property at the agreed upon purchase price and 270 Seller will credit the deductible, if any and transfer to Buyer at closing any insurance proceeds, or Seller's claim 271 to any Insurance proceeds payable for the damage. Seller will cooperate with and assist Buyer in collecting any 272 such proceeds. Seller shall not settle any insurance claim for damage caused by casualty without the consent of 273 the Buyer. 274 (b) If, after the Effective Date and before closing, any part of the Property is taken in condemnation or under the 276 right of eminent domain, or proceedings for such taking will be pending or threatened, Buyer may cancel this 276 Contract without liability and the deposit(s) will be returned to Buyer. Alternatively, Buyer will have the option of 277 purchasing what is left of the Property at the agreed upon purchase price and Seller will transfer to the Buyer at 278 closing the proceeds of any award, or Sellers claim to any award payable for the taking. Seller will cooperate 279 with and assist Buyer in collecting any such award. 280 19. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise ❑ is not 281 assignable [K is assignable. If this Contract may be assigned, Buyer shall deliver a copy of the assignment agreement 282 to the Seller at least 5 days prior to Closing. The terms "Buyer, " "Seller" and °Broker' may be singular or plural. This 283 Contract is binding upon Buyer, Seller and their heirs, personal representatives, successors and assigns (if 284 assignment is permitted). 285 20. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller. 286 Modifications of this Contract will not be binding unless in writing, signed and delivered by the party to be bound. 287 Signatures, initials, documents referenced in this Contract, counterparts and written modifications communicated 288 electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. Handwritten or 289 typewritten terms inserted in or attached to this Contract prevail over preprinted terms. if any provision of this Contract 290 is or becomes invalid or unenforceable, all remaining provisions will continue to be fully effective. This Contract will be 291 construed under Florida law and will not be recorded in any public records. 292 21. BROKERS: Neither Seller nor Buyer has used the services of, or for any other reason owes compensation to, a 293 licensed real estate Broker other than: �teo�ete't��L'�n 294 (a) Seller's Broker: (Licensee) (Company Name) 295 - (Address, Telephone, Fax E-mail) 296 who El is a single agent ❑ is a transaction broker n has no brokerage relationship and who will be compensated by 297 ❑ Seller ❑ Buyer ❑ both parties pursuant to ❑ a listing agreement ❑ other (specify) 298 299 Lake 0 Real Estate LLC (Jody) JoAnne Carter SL3319430 300 (b) Buyer's Broli iiCom an Name}} (Licensee) 301 4251 Hwy 441 S, Okeechobee, FiAd3G9�4e1ep86®-6 £1ma85 Buyer (_� and Seiler �t�J acknowledge receipt of a copy of this page, which is Page 6 of 8 Pages. Y (0201i Florida Realtors° CC-5 Rev 9117 SeriaW, 031257.200151.7177867 EleclmmcalN Signed u51n9 oSiAnOnhna"' I Session l� - 1695da52-7d49_4556.9ce641e3a914536a21 Electronically Signed using eSignOnline-1 Session ID Oacbe8fa-1ea5-41fd-88a3-978f76e865af I 302 who ❑ is a single agent ❑x is a transaction broker ❑ has no brokerage relationship and who will be compensated by 303 ❑ Seller's Broker ❑ Seller ❑x Buyer ❑ both parties pursuant to ❑ an MLS offer of compensation ® other Ispecili ) 304 Commission Acirement , 305 (collectively referred to as "Broker") in connection with any act relating to the Property, including but not limited to 306 inquiries, introductions, consultations, and negotiations resulting in this transaction. Seller and Buyer agree to 307 indemnify and hold Broker harmless from and against losses, damages, costs and expenses of any kind, including 308 reasonable attorneys' fees at all levels, and from liability to any person, arising from (1) compensation claimed which is 309 inconsistent with the representation in this Paragraph, (2) enforcement action to collect a brokerage fee pursuant to 310 Paragraph 10, (3) any duty accepted by Broker at the request of Seller or Buyer, which is beyond the scope of 311 services regulated by Chapter 475, Florida Statutes, as amended, or (4) recommendations of or services provided and 312 expenses Incurred by any third party whom Broker refers, recommends, or retains for or on behalf of Seller or Buyer. 313 22.OPTIONAL CLAUSES. (Check if any of the following clauses are applicable and are attached as an addendum to 314 this Contract): EAstin 315 ❑ Arbitration ❑ Seller Warranty ❑ 9 Mortgage a 9 9 316 ❑ Section 1031 Exchange ❑ Coastal Construction Control Line ❑ Buyer's Attorney Approval 317 [:]Property Inspection and Repair ❑ Flood Area Hazard Zone ❑ Seller's Attorney Approval 318 ❑ Seller Representations ❑ Seller Financing El 319 23. ADDITIONAL TERMS. 320 For Visual Purpose of Legal Description, see attached; City of Okeechobee Commerce Center NE 9th Street Map with 321 Lot numbers 2 & 3 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE 343 ADVICE OF AN ATTORNEY PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL 344 FACTS AND REPRESENTATIONS THAT ARE IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE 345 PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE, INTERPRETING CONTRACTS, DETERMINING THE 346 EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF TITLE, FOREIGN INVESTOR 347 REPORTING REQUIREMENTS, ETC.) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND OTHER Buyer (T i/ ( ? and Seller OAK-) acknowledge receipt of a copy of this page, which is Page 7 of 8 Pages. /" 02617 Florida Reaflors® CC-5 Rev 9l17 seriaw 031267.200151-7177e67 Efecaomcafly $lgneo using eSignOrgim ' { Ses ,n iD 16%de527d494558-9cO8-Oc3a9id536a21 Electronically Signed using eSignOnline'"'I Session ID Oacbe8fa-lea5-41fd-88a3-978f76e865af I 348 ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUPY THE PROPERTY AND THAT ALL 349 REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER 350 REPRESENTATIONS OR PUBLIC RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF 351 THE REPRESENTATION. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND 352 GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY CONDITION, SQUARE FOOTAGE AND 353 FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. 364 Each person signing this Contract on behalf of a party that is a business entity represents and warrants to the other 355 party that such signatory has full power and authority to enter into and perform this Contract in accordance with its 356 terms and each person executing this Contract and other documents on behalf of such party has been duly authorized 357 to do so. 356 is4rl �aV�s Date: 1/28/2018 (Signature of Buyer 359 Karl Davis Tax ID No.: (Typed or Printed Name of Buyer) 360 Title: Telephone: 361 Date` (Signature of Buyer 362 Tex ID NO.: (Typed or Printed Name of Buyer) 363 Title: Telephone: 364 Buyers Address for purpose of notice 1831 SW 7th Ave, Pompano Bch, FI 33060 365 Facsimile: Email: �9 Date: of 1 j l r. 366 (Si a re of Set r) 367 City of Okeechobee Tax ID NO.: (Typed or Printed Name of Seller) 366 Title; Telephone: 369 Date: (Signature of Seller) 370 (Typed or Printed Name of Seller) 371 Title: Tax ID No.: Telephone: 372 Seller's Address for purpose of notice: 55 SE 3RD AVENUE OKEECHOBEE, FL 34974-2903 373 Facsimile: Email: Florida REALTORS' makes no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the he NATIONAL user as REALTOR'. REALTOR' Is a regtstared collective membership mark which may be used a only Stalesby real s(tate licensees who are members of t 7 U.S. Code) forWd the un uthanzted reproducb n of this ASSOCIATION OF REALTORS' and who subscribe to its Code of Ethics. The copyright form by any means including facsimile or computerized fortes. Buyer OeL (_) and Seller f" " "� acknowledge receipt of a copy of this page, which is Page 8 of 8 Pages. 02017 Florida Realtors® Cc-5 Rev 9117 serlaie: 031257.200151.7177667 Erectrunieariy Signed using eS'ignonline" ( Session if) - 1695de52,7d49 455&9c0"c3a9fd536a2 I Electronically Signed using eSignOnline'-I Session 10 Oacbe8fa-1 ea5-41 fd-88a3-978f76e865af I CITY OF -..-:ECHOBEE COMMERCE CENTER NE -, Street tjtJLA --4 Ab .4 LAW 22 T23] LL kP -- --b A, Q_ 1/28/2018 T:aPM CST Elis=n—Ity Signw using aSignOnlinis- I Session ID 1695de52-7649-4566-9cUB-OG3a9id536a2 I 0 0.01 0.02 Oita 0 14 0 06 O.0 ir.ii? 0.08 0 09 Okeechobee County Property Appraiser Mickey L. Bandi, Appraiser ( Okeechobee, Florida 1 863-763-4422 PARCEL: 3-15-37-35-0020-00000-0140 OTHER I MUNICIPAL (008089)14.08 AC CITY OF OKEECHOBEE COMMERCE CENTER LOT 14 LESS THAT PORTION OF LOT 14 LYING IN THE FOLLOWNG DESCRIPTION: A STRIP OF LAND LYING IN LOTS 13 & 14, CIT CITY OF OKEECHOBEE 2017 Certified Values Owner: 55 SE 3RD AVENUE Mkt Lnd $150,960 Appraised $150,960 OKEECHOBEE, FL 349742903 Ag Lnd $0 Exempt $146,758 Site: NE 15TH ST, OKEECHOBEE Bldg $0 Assessed $150,960 Sales 1011/1979 $379,000 v(n) XFOB $0 Total county:SOcity:$0 Info Just $150,960 Taxable other:$0 school:$0 Class $0 r 0.1 mi information, updated: 2/1/2018, was derived from data which was compiled by the Okeechobee County Property Appraiser Office solely for the governmental purpose of arty assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or http://ap2.okeechobeepa.com/gis/gisPrint/ 2/ 15/2018 � e k Y � x + ,pw 0 0.01 0.02 0.G3 0.04 G105 13.06 0.07 0.03 O.09 0.11ni Okeechobee County Property Appraiser Mickey L. Bandi, Appraiser I Okeechobee, Florida 1 863-763-4422 PARCEL: 3-15-37-35-0020-00000-0130 OTHER I MUNICIPAL (008089)13.08 AC CITY OF OKEECHOBEE COMMERCE CENTER LOT 13 LESS THAT PORTION OF LOT 13 LYING IN THE FOLLOWING DESCRIPTION: A STRIP OF LAND LYING IN LOTS 13 & 14, CIT CITY OF OKEECHOBEE 2017 Certified Values Owner: 55 SE 3RD AVENUE Mkt Lnd $113,960 Appraised $113,960 OKEECHOBEE, FL 349742903 Ag Lnd $0 Exempt $110,788 y Site: NE 9TH AVE, OKEECHOBEE Bldg $0 Assessed $113,960 Sales 10/1/1979 $379,000 v(o) XFOB $0 Total county:SOcity:$0 Info Just $113,960 Taxable other:$0 school:$0 Class $0 This information,updated: 2/1/2018, was derived from data which was compiled by the Okeechobee County Property Appraiser Office solely for the governmental purpose of by property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or GrizzlyLogic.corl httn://an2.okeechobeeDa.com/eis/iiisPrint/ 2/15/2018 —I-,— . -- Okeechobee County Property Appraiser 2017 Tax Roll Year Mickey J- U andit Apps•aiser updated: 2/1/2018 Parcel: « 3-15-37-35-0020-00000-0130 » Owner & Property Info ;CITY OF OKEECHOBEE Owner 55 SE 3RD AVENUE O--KEECHOBEE, FL 349742903 Site ENE 9TH AVE, OKEECHOBEE i CITY OF OKEECHOBEE COMMERCE i CENTER LOT 13 LESS THAT PORTION OF LOT 13 LYING IN THE FOLLOWING j DESCRIPTION: A STRIP OF LAND LYING IN LOTS 13 & 14, CITY OF OKEECHOBEE COMMERCE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 10 THROUGH 14 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 13: THENCE S 00016' 17" E ALONG THE ':WEST LINE OF SAID LOT 13, A DISTANCE OF 202.34 FEET TO THE POINT OF :BEGINNING; THENCE N 90o00'00" E, A DISTANCE OF 669.48 FEET TO THE EAST 'LINE OF SAID LOT 13; THENCE S 0003651" E ;ALONG SAID EAST LINE A DISTANCE OF { i0.16 FEET TO THE EASTERLY MOST E ;SOUTHEAST CORNER OF SAID LOT 13; THENCE S 01046'17" W, THROUGH SAID Description' LOT 14, A DISTANCE OF 64.87 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 14; THENCE N 90o00' 00' W ALONG SAID y SOUTH LINE, A DISTANCE OF 627.63 FEET {} ':TO THE WEST LINE OF SAID LOT 14 & A POINT ON THE ARC OF A NOW TANGENT 'CURVE CONCAVE SOUTH- WESTERLY :(SAID POINT BEARS N 84058'59" E FROM ;THE RADIUS POINT OF THE NEXT 'DESCRIBED CURVE); THENCE ',NORTHWESTERLY ALONG SAID WEST LINE '& ALONG THE ARC OF SAID CURVE HAVING iA RADIUS OF 78.00 FEET, A DELTA OF 41044'30" & AN ARC DISTANCE OF 56.83 FEET TO THE NORTHWEST CORNER OF ;SAID LOT 14; THENCE CONTINUE NORTHWESTERLY ALONG THE WEST LINE '.OF SAID LOT 13 & ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 78.00 FEET, A DELTA OF 1401 V22" & AN ARC DISTANCE OF 19.32 FEET; THENCE N 00016'17" W (ALONG SAID WEST LINE, A DISTANCE OF E3.64 FEET TO THE POINT OF BEGINNING ; <<<less ___ Area ' 3.08 AC i S/T/R 15-37-35 Use Code MUNICIPAL -;Tax District 50 (008089) 'The Description above is not to be used as the Legal Description for this parcel in any legal transaction. "The Use Code is a Dept. of Revenue code. Please contact Okeechobee ;ounty Planning & Development at 863-763-5548 for zoning info. Property & Assessment Values 2016 Certified Values 2017 Certified Values Mkt Land (1) $100,716 Mkt Land (1) $113,960 1.++,.•//.,..7 .1�0o L, .l.00.. , ...+V+Irt��IronnrrlQA�r�h 2 T' atailc/ 1/1 r/0()1 R i u8%, i . . Okeechobee County Property Appraiser 2017 Tax Roll Year Mickey L. Sandi. Appratwr updated: 2/1/2018 Parcel « 3-15-37-35-0020-00000-0140 » Owner & Property Info CITY OF OKEECHOBEE Owner 55 SE 3RD AVENUE j OKEECHOBEE, FL 349742903 Site 1NE 15TH ST, OKEECHOBEE CITY OF OKEECHOBEE COMMERCE CENTER LOT 14 LESS THAT PORTION OF LOT 14 LYING IN THE FOLLOWING DESCRIPTION: A STRIP OF LAND LYING IN LOTS 13 & 14, CITY OF OKEECHOBEE COMMERCE CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 10 THROUGH 14 OF THE PUBLIC 'RECORDS OF OKEECHOBEE COUNTY, !FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT E 13; THENCE S 0001617" E ALONG THE WWEST LINE OF SAID LOT 13, A DISTANCE OF 202.34 FEET TO THE POINT OF ,BEGINNING; THENCE N 90oOO'OO" E, A DISTANCE OF 669.48 FEET TO THE EAST iLINE OF SAID LOT 13; THENCE S OOo36'51" E :ALONG SAID EAST LINE A DISTANCE OF I i0.16 FEET TO THE EASTERLY MOST SOUTHEAST CORNER OF SAID LOT 13; THENCE S 0104617" W, THROUGH SAID Description LOT 14, A DISTANCE OF 64.87 FEET TO A , POINT ON THE SOUTH LINE OF SAID LOT 14; THENCE N 90oOO' OO' W ALONG SAID ,SOUTH LINE, A DISTANCE OF 627.63 FEET `TO THE WEST LINE OF SAID LOT 14 & A POINT ON THE ARC OF A NOW TANGENT CURVE CONCAVE SOUTH- WESTERLY (SAID POINT BEARS N 84058'59" E FROM iTHE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE NORTHWESTERLY ALONG SAID WEST LINE & ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 78.00 FEET, A DELTA OF 41044'30" & AN ARC DISTANCE OF 56.83 :FEET TO THE NORTHWEST CORNER OF :.SAID LOT 14; THENCE CONTINUE NORTHWESTERLY ALONG THE WEST LINE 'OF SAID LOT 13 & ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 78.00 FEET, A DELTA OF 14011'22" & AN ARC DISTANCE OF 19.32 FEET; THENCE N 00016'17" W ,ALONG SAID WEST LINE, A DISTANCE OF I 3.64 FEET TO THE POINT OF BEGINNING I Area 4.08 AC S/T!R 15-37-35 ,MUNICIPAL Use Code** ITax District 50 (008089) f *The Description above is not to be used as the Legal Description for this parcel in any legal transaction. { —The Use Code is a Dept. of Revenue code. Please contact Okeechobee I County Planning & Development at 863-763-5548 for zoning info. Property & Assessment Values 2016 Certified Values 2017 Certified Values Mkt Land (1) $133,416 Mkt Land (1) $150,960 L.44.... 1I..._�1 ..�... .. ..1, .. L. ,, ,.... ,. .....,.,. 1, '2 Tlo+.,;tom/ 7f1 c/')n1 Q ADDENDUM TO COMMERCIAL SALES CONTRACT THIS is an addendum to that certain commercial contract between the City of Okeechobee, and Karl Davis or assignees, dated February 16, 2018, to be inserted into paragraph 23 of the contract, the terms of which are incorporated herein fully by reference and made a part hereof. 23. a. The real property described in the contract for sate and purchase consists of lots developed and owned by the City of Okeechobee, Florida, as part of an industrial park complex to further commercial growth within the City, and to create employment opportunities; as such, the timely commercial development of these lots by the purchaser is of the essence. The property is described as: Lots 13 & 14 NE 9`h Avenue City of Okeechobee, Fl. PIN # 3-15-37-35-0020-00000-0130 and # 3-15-37-35-0020-00000-0140 b. To further the goal of such development, it is agreed by the parties that development of these lots shall occur within 60 months of the date of sale, development being defined as some form of commercial improvement to the lots, such as structures or other improvements that would require the owner to submit sealed plans and specifications to the City of Okeechobee for approval, engage in the technical review committee process, and thereafter obtain a CO for such development(s). The issuance of a CO for the development may occur outside of 60 months, so long as the permitting process commenced within the period of 60 months from sale date. c. In the event purchaser should fail to commence such development within the 60 month period from date of sale, the City of Okeechobee shall begin, on January ls` of the sixth year from date of sale, to assess an agreed liquidated penalty against purchaser annually in the sum of $10,000.00, This assessment shall be void and terminate upon purchaser commencing commercial development of one or more of the lots. Upon failure to commence development within 60 months from date of sale, the assessment shall continue annually on January I" each year, and up to January 1 of the twentieth year following date of sale, at which time the assessment shall terminate. d. The annual assessment(s), and concurrent obligation of purchaser/owner to pay to the City, if initiated, shall be considered a lien prior in dignity to subsequent encumbrances as set forth in Fl. Statutes ch. 697. Buyer initialf-V aDate: 2/16/2018 8:32 PM EST Seller initial: _- %.� Date: . l Electronically Signed using eSignOniine'"[ Session ID Oacbe8fa-1 ea5-41 fd-8Ba3-978f76e865af J e. The purchaser acknowledges the deed restrictions pertaining to the industrial park recorded by the City at OR Book 00530 page 1952, public records, Okeechobee county, Florida. f. Nothing herein shall be considered a prohibition or restriction on purchasers ability to re -sell the lot(s) to a willing buyer at any time following the date of sale, subject to the imposition of any assessment, and the rights of the City of Okeechobee set forth in the recorded deed restrictions, g. This addendum may be recorded in the public records, Okeechobee county, Florida. In. Upon execution of the purchase and sale agreement by the parties, the contract documents shall be placed on the next regular city council agenda for public comment, and discussion and approval by the city council, if not so approved, all deposits placed by purchaser shall be refunded forthwith. Seller initial_ T. Date:.�5�'% Buyer initial_ Date: a/'/ %�Qvi s 2/16/2018 8:34 PM EST Electronically Signed using eSignOnline'"I Session ID Oacbe8ta-1 ea5-41W-88a3-978f76e865at I