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2005-06-07 Regular MeetingCITY OF OKEECHOBEE DUNE 712005 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: June 7, 2005 Regular City Council Meeting, 6:00 P.M. II. OPENING CEREMONIES: Invocation by Pastor Jim Hudson, Church of the Nazarene; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS. A. Present a Twenty -Year Employment Service Award to Terisa Garcia PAGE 10F 6 Mayor Kirk called the June 7, 2005 Regular City Council Meeting to order at 6:00 p.m. The Invocation was offered by Pastor Jim Hudson of Church of the Nazarene; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Absent (Major Peterson was present in his absence) Present Absent Mayor Kirk presented Terisa Garcia with a Twenty -Year Employment Service Award Plaque which read °In recognition of your Outstanding Service to the City and its Residents as an Employee of the City of Okeechobee for Twenty Years," and a monetary award of two hundred fifty dollars ($250.00). Ms. Garcia began her career with the City as a Police Dispatcher in 1985. She held this position until 1990 and then became the Records Clerk for the Police Department. In 1996 she was promoted to the Administrative Secretary/Police Services Coordinator which is her current position. Mayor Kirk thanked Ms. Garcia for her loyalty and dedication to the City. Ms. Garcia thanked the Council and the Mayor for the opportunity to work for the City. 7 1 1 1 IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. B. Recognize the OHS Varsity Baseball Team 4A District and Regional Champions. V. MINUTES - City Clerk. .TUNE 7, 2005 - REGULAR MEETING - PAGE 2 OF 6 Mayor Kirk presented to each Coach and Member of the Okeechobee High School Varsity Baseball Team a Certificate of Achievement for the 2005 4A District and Regional Championships, and State Tournament Final Four Participants. Mayor Kirk stated that this team has had an outstanding year and the Council and City of Okeechobee would like to honor them for this achievement. Those honored were: Head Coach, Dylan Tedders; Assistant Coach, Mark Ward; Assistant Coach, Kenny Buckner; Bryan Arledge; Phillip Arnold; Duane Bowman; Travis Conrad; Chris Cyr; Mychael Davidson; Will Davis; Brian Duenas; Blake Marsocci; Jeremiah Payne; Eric Pena; Phillip Powers; Robert Rodriguez; Travis Rogers; Berto Rojas; Hank Schultz; Cody Storey; Juan (JR) Suarez; Devon Venables; Tommy Voss and Mike Wise. Head Coach Dylan Tedders thanked the Council for recognizing their hard work and effort and also thanked the community of Okeechobee for their support. A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to'dispense with the reading and approve the Summary of Council Action for the Council Action for the May 17, 2005 Regular Meeting. III May 17, 2005 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's 111none. Mayor Kirk asked whether there were any additions, deferrals, or withdrawals of items on today's agenda. There were agenda. 271 272 .TUNE 7, 2005 -REGULAR MEETING - PAGE 3 OF 6 VII. NEW BUSINESS. A.1. a) Motion to ready by title only and set June 21, 2005 as a final public hearing date for proposed Ordinance No. 897, amending Section 66-1, Definitions of the Land Development Regulations - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 897 by title only 2. a) Motion to approve the first reading of proposed Ordinance No. 897 b) Discussion. c) Vote on motion. Council Member Watford moved to read by title only, and set June 21, 2005 as a final public hearing date for proposed Ordinance No. 897, amending Section 66-1, Definitions of the Land Development Regulations; seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD-YEA L. WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 897 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO.716 AND AS AMENDED, SECTION 66-1 THEREOF, TO AMEND THE DEFINITION SET OUT THEREIN FOR WELLHEAD PROTECTION AREA; PROVIDING FOR CONFLICTS, SEVERABIUTY, AND PROVIDING AN EFFECTIVE DATE." Council Member Markham moved to approve the first reading of proposed Ordinance No. 897; seconded by Council Member Chandler. Mayor Kirk asked whether there were any questions or comments from the public. There were none. There was a brief discussion. Attorney Cook will fine tune the proposed Ordinance language to form concurrency of Section 66-1 with the Land Development Regulations (LDR's) and the Comprehensive Plan for approval by the final public hearing date. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. .TUNE 7, 2005 - REGULAR MEETING - PAGE 4 OF 6 VII. NEW BUSINESS CONTINUED. B. Discuss amending the Commerce Center Deed Restrictions - City There was a brief discussion regarding a proposed amendment to the height requirements for the Commerce Center Attorney (Exhibit 2). and amending the height requirements in the Industrial zoning section of the Land Development Regulations (LDR's). Council Member Watford suggested that, since this is the second time the Council has had to address this issue, the simplest way to resolve this would be to remove the height restrictions from the deed restrictions/convenants. Attorney Cook consented with Council Member Watford's suggestion. Council Member Watford moved to amend the Commerce Center Deed Restrictions to delete hei ht requirements and restrictions: seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. C. Consider approval of the County's tentative award of $382,000 in On May 26, 2005, the Okeechobee County Board of County Commissioners voted to allocate three hundred eighty-two Hurricane Housing Recovery Program (HHRP) funds (Exhibit 3). thousand dollars ($382,000) in Hurricane Housing Recovery Program (HHRP) funds to Rebuild Okeechobee After Disaster (ROAD), subject to approval by the City and Florida Housing Finance Corporation (the administering agency of the funds), and subject to execution of an appropriate agreement between the County and ROAD. ROAD will use these funds to pay for licensed subcontractors to do needed work on homes that they will rehabilitate. ROAD will also use Volunteer Florida funds to purchase materials, and will use volunteer labor where possible. The County is respectfully requesting that the City approve the three hundred eighty two thousand dollars allocation of HHRP funds to ROAD. Mr. Frank Irby was present to address the Council on behalf of HHRP and answer any questions. Council Member Watford remarked that he was really glad to see this happen. Council Member Watford moved to approve the Coun 's Tentative Award of three hundred ei h -two thousand dollars and zero cent ($382,000) in Hurricane Housing Recovery Program (HHRP) funds, seconded by Council Member Markham. 273 274 DUNE 7, 2005 - REGULAR MEETING - PAGE 5 OF 6 VII. NEW BUSINESS CONTINUED. C. Consider approval of the County's tentative award of $382,000 in VOTE Hurricane Housing Recovery Program (HHRP) funds continued. KIRK -YEA CHANDLER - YEA MARKHAM-YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. D. Motion to appoint a liaison to represent the City in the County's There was a brief discussion between the Council and Mr. Irby, who requested that in addition to appointing a HHRP development of the local HHRP strategy and policies. liaison, a ROAD representative also be considered. Mayor Kirk appointed Council Member Williams to represent the City for the ROAD program, and Council Member Watford to represent the City for the HHRP program. E. Consider a proposal in reference to the purchase of property in the The Council was presented with a proposal to sell Lot 20 of the Commerce Center by Lakeshore Mechanics, Inc. for Industrial Park - Gena Gray Davis (Exhibit 4). the purchase price of thirty-five thousand dollars ($35,000) per acre. Ms. Gena Gray Davis, on behalf of owners Mr. Luis Lagos and Mr. Merlin Lopez was present to answer any questions from the Council. The Council commended Ms. Davis regarding the efficiency of the business proposal. This matter was discussed at length as there was concern regarding the selling price of the Commerce Center lots. Mayor Kirk withdrew as the mediator for the negotiations concerning the sale of the lots and instructed this authority be given to Administrator Whitehall. The Councils decision concerning this matter is that City Attorney Cook, City Planner Jim LaRue and Administrator Whitehall will meet to discuss the future plan of use for the remaining lots so there is a uniformity of businesses at the Commerce Center. The information will be brought back to the Council for further consideration. Until a plan can be agreed upon there will be a moratorium on the selling of Commerce Center lots. Ms. Davis proposal of sale will be kept on file to be considered at a later date. 275 VIII. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. James E. Kirk, Mayor ATTEST: —' taramiotea, 6MC, CEty Clerk JUNE 7, 2005 - REGULAR MEETING - PAGE 6 OF 6 THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 8:10 P.M. The next regularly scheduled meeting is June 21, 2005. Tape 1 side A CITY OF OKEECHOBEE - June 7, 2005 - REGULAR CITY COUNCIL M ETING- HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: II. OPENING CEREMONIES: u Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk_ Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith x x x X x x x x x Public Works Director Robertson I x Page -1- Absent IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Mayor Kirk to present a Twenty -Year Employment Service Awarc to Terisa Garcia which reads: "In recognition of your Outstanding Service to the City and its Residents as an Employee of the City of Okeechobee for Twenty Years". Mayor Kirk will also present M . Garcia with a monetary award of $250.00. B. Mayor Kirk to present each Okeechobee High School Varsity Baseball Team Coach and Member with a Certificate of Achievement for 4A District and Regional Championship which reads: "Through your dedication, sportsmanship, and team spirit as a member of the OHS Varsity Baseball Team, the City hereby recognizes your achievement as: 2005 Class 4A District Champions, 2005 Class 4A Regional Champions, and State Tournament Final Four Participants. V. MINUTES - City Clerk. A. Council Member Chandler moved to dispense with the reading ar Action for the May 17, 2005 Regular Meeting; seconded by Counc VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on approve the Summary of Council Member Williams. No discussion. s agenda. None. • u VII. NEW BUSINESS. A.1. a) Council Member Watford to read by title only and set June 21, 20( proposed Ordinance No. 897, amending Section 66-1, Defin Regulations - City Attorney (Exhibit 1); seconded by Council Me! b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook to read proposed Ordinance No.897 by title only as 1 THE CITY OF OKEECHOBEE, FLORIDA AMENDING AS AMENDED, SECTION 66-1 THEREOF; TO AME OUT THEREIN FOR WELLHEAD PROTECTION CONFLICTS, SEVERABILITY, AND PROVIDING AN 2. a) Council Member Markham moved to approve the first reading seconded by Council Member Chandler. b) Public comments and discussion. None from the public. DW - why % mile before? JC don't know how got in LDR's, but in original 1000 with 300 protected, make 2 concurrent, may be some fine tuning, L, OUA use? Rarely, no capped off either, c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. Page -2- as a final public hearing date for ms of the Land Development )er Williams. ollows: AN ORDINANCE OF ORDINANCE NO. 716AND ND THE DEFINITION SET AREA; PROVIDING FOR EFFECTIVE DATE. of proposed Ordinance No. 897; comp plan, said we would set out iRue said its acceptable to DEP B. Discuss amending the Commerce Center Deed Restrictions - City Attorney (Exhibit 2). Attorney brought to our attention, need to amend deed restrictions, by motion, at next meeting change to height restrictions, 60 feet now, took limitation out of deed restrictions it would just fall under the LDR's industrial zoning, just amend deed restrictions not the LDR's for the specific company each time, simplest solution, and restrictions: seconded by Council Member Markham. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. C. Consider approval of the County's tentative award of $382,00� in Hurricane Recovery Program (HHRP) funds (Exhibit 3). L1 Frank Irby, thought before you could, but due to population. you cannot, Watford, really glad to see this. Was as the first public hearing, attended o money be earmarked for housing rehabilitation, glad to see working with VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. D. ALSO SUGGEST SOMEONE ON ROAD THAT WANTS BE INVOLVED. Williams ROAD a liaison to represent the City in the County's development of the local H HRF seconded by Council Member E. Consider a proposal in reference to the purchase of property in (Exhibit 4). Lot 20, cannot participate in grant since she doesn't create enough jobs, Lowry, opened the door for $35,000 per acre, same property costs more, � pieces of 2-3 acres tracts 90-120 per acre on paved roads without sewer the other side is because we got them with the grant from the infrastructL not bringing anything into the community that is already here, it's the chE going to move in there at those rates. We can't sell that property at that pri when we sold that other piece. Page -3- behalf of my church, some of the OAD organization. WATFORD strategy and policies; Industrial Park - Gena Gray Davis access to the lot from hard road. 're selling less than market value, id water, only reason we did it on , this is to cheap to sale, they are )est land around and everyone is , I knew that was going to happen Kirk, want to withdraw as being your negotiator, not going to $35,000 per acre was something we have set, know the times have changed, times we would have given the property away, I think I have been to involved in this, had the city's best interested in mind, I will allow them to talk with administrator from here on out Watford, hindsight always wonderful, this council put you in that position, what decisions you've made for us, we did this the way we do many thingE had the foresight to have a plan on what we wanted the park to look like some are office type, warehouse type, heavy industrial, and we didn't th plan, done homework, my concern is what type of businesses do we wan what they have. Feel sorry for these people that are here tonight. We need and say here's what we have left, and what do we want. Know these peop back. Kirk what happens for resale? Cook, first right of refusal. Deed restriction Kirk, if deed restrictions allow, don't know how we could turn them dow spot. Cook, not a bad idea, think LaRue has experience and could help the c No action on the request tonight. Put on hold until the City decides. Some way to calculate the costs, instead of by the seat of our pants. Take off the market for negotiation. Depending on what we come up with give them opportunity Gina, have 5 year growth plan if any one needs to see that as well, )preciate what you have done and things have start moving, wish we there are different types of parks, ik about, appreciate the business in there? Look at the county's and i marketing plan, need to step back want an answer, but need to step should list the types of businesses. , you can do it but you get put in a meet and get some idea's. C1 0 IX. MAYOR KIRK ADJOURNED THE MEETING AT 7:15 P. M. Page -4- • u Tape 1 side A CITY OF OKEECHOBEE - June 7, 2005 - REGULAR CITY COUNCIL HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: II. OPENING CEREMONIES: tl Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Pres Mayor James E. Kirk Council Member Noel H. Chandler Council Member Lowry Markham Council Member Dowlir!3 R. Watford, Jr. Council Member Lydia Jsan Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiot,a Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson ✓ i l/ IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. cYt Page -1- Absent A. Mayor Kirk to present a Twenty -Year Employment Service Awar to Terisa Garcia which reads: "In recognition of your Outstanding Service to the City and its Residents as an Empk yee of the City of Okeechobee for Twenty Years". Mayor Kirk will also present IV s. Garcia with a moietary award of $250.00. B. Mayor Kirk to present each Okeechobee High School Varsity Bas ball Team Coach and Member with a Certificate of Achievement for 4A District and Regional Championship which reads: "Through your dedication, sportsmanship, and team spirit as a member of the 0 S Varsity Baseball Team, the City hereby recognizes your achievement as: 2005 Class 4A District C ampions, 2105 Clas, 4A Regional l Champions, and State Toxnament Final Four Participants. 4 COIN a_)Gce. V. MINUTES - City Clerk. A. Council Member_ moved to dispense with the of =Cu oil Action for the; May 17, 2005 Regular Meeting; VOTE YEA_ NAY ABSj f IN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED<,ARRIED. ' reading and approve the Summary seconded by Couni.il Member • lk E VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on VII. NEW BUSINESS. A.1. a) Motion to read by title only and set June 21, 2005 as a fin Ordinance No. 897, amending Section 66-1, Definitions of the L Attorney (Exhibit 1). b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIEDICARRIED. - C) Attorney Cook to read proposed Ordinance No.897 by title only Page -2- agenda. public hearing date for proposed d Development Regulations - City 2. a) Council Member moved to approve the first reading of proposed Ordinance No. 897; se;onded by Council Members—_ `• b) Public cor-ments and discussion. Jl�b p�) C) Vote on motion. VOTE KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIE K ARRIED. El E B. DiscusE amending the Commerce Center Deed Restrictions - 4 n r Attorney (Exhibit 2). Page -3- PO—) �'-I) N— 4 Cie.><,�z'_"t" &Ckp�l S% j`�, mot -eta �41 A�� d E — O'�-k � • • C. Consider approval of the County's tentative award of $382,0 (HHRP) funds (Exhibit 3). L-Al� ele, Page -4- in Hurricane Recovery Program aj 4ey,", Page -5- D. Council Member moved to appoint as a liaison to represent the City in the County's development of the local HHRP strategy and policies; seconded by Council Member 0j/ 111* - Vote on motion. OTE YEA NAY ABSTAIN ABSENT WATFORD'\ L. WILLIAMS MOTION: DE 0 E. Consider a proposal in reference to the purchase of property in tl (Exhibit 4). Page -6- Industrial Park - Gena Gray Davis W "r ✓' bL l i ,Li e.iJ� 1Y �i� +4� j't,� r,<�� l t� 3 1, 6 L)/ & -ti ti4t Y✓ /euo (L�R.�.,i, Xod c ? v IL C4 chi✓ �-,c ( �` 4 e IX. MAYOR KIRK ADJOURNED THE MEETING AT 7 f P. M, CITY OF OKEECHOBEE JUNE 7, 2005 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 3 CALL TO ORDER - Mayor: OPENING CEREMONIES: June 7, 2005 City Council Regular Meeting, 6:00 p.m. Invocation given by Pastor Jim Hudson, Church of the Nazarene; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present a Twenty -Year Employment Service Award to Terisa Garcia. B. Recognize the OHS Varsity Baseball Team 4A District and Regional Champions. DUNE 7, 2005 - Clry COUNCIL AGENDA - PAGE 2 OF 3 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the May 17, 2005 Regular Meeting. M. AGENDA - Mayor. 0 A. Requests for the addition, deferral or withdrawal of items on today's agenda. Mi. NEW BUSINESS. A.1.a). Motion to read by title only and set June 21, 2005 as a final public hearing date for proposed Ordinance No. 897, amending Section 66-1, Definitions of the Land Development Regulations - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 897 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 897. b) Discussion. B. Discuss amending the Commerce Center Deed Restrictions - City Attorney (Exhibit 2). C. Consider approval of the County's tentative award of $382,000 in Hurricane Housing Recovery Program (HHRP) funds (Exhibit 3). D. Motion to appoint a liaison to represent the City in the County's development of the local HHRP strategy and policies. JUNE 7, 2005 - CITY COUNCIL AGENDA - PAGE 3 OF 3 VII. NEW BUSINESS CONTINUED. E. Consider a proposal in reference to the purchase of property in the industrial park - Gena Gray Davis (Exhibit 4). VIII. 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 tapes are for the sole purpose of backup for official records of the Clerk. G\�y OF ' Ok' rn 1915 City of Okeechob e May 31, 2005 Okeechobee High School Varsity Baseball Players and Coaches On behalf of the Mayor and City Council Members, allow mE every one of you for such a great accomplishment as to win Baseball District 4A Championships. This was a huge ende, recognize each of you for this accomplishment and ask that 2005 City Council Meeting at 6:00 p.m. The meeting is held Chambers, 55 Southeast 3rd Avenue. Office of the City Clerk to congratulate each and he District and Regional nor. The City would like to rou attend the June 7, it City Hall, Council Should you have any questions, need further information or Pirections. Please do not hesitate to contact me at 763-3372 ext, 215. With best rega s, I am Respectfully, go. Lane Gamiotea, CMC City Clerk 55 S.E. Third Avenue - Okeechobee, Florida 34974-2903 - (863) 763-3p72 - Fax: (863) 763-1686 05131,12005 03:47 963-462-5037 l ! • OKEECHOBEE HIC,H SCH. • PAGE 02 OHS IBaseball Team Addresses Dyl Tedders 5 W 8" Street Ok hobee, FL 34974 Assistant Coach ✓ Mar. Ward 2581 SW 2"d Avenue Ok hobee, FL 34974 Assi t Coach K Buckner 910 W 3`d Avenue Ok hobee, FL 34972 ,%Brya Arledge Rt. 6 Box 665 A Ok hobee, FL 34974 ✓ Phill .p Arnold 818 W 1, V, Street Ok hobee. FL 34974 ✓ e Bowman 131 SE 30 Street Ok chobee, FL 34974 VTra s Conrad 374 NW 31 s' Avenue Ok hobee. FL 34972 -/Chri 5 Cyr 6733 NW 151°i Terrace oke xhobec, FL 34974 'y 1 Davidson 400 SE 132'"� Avenue 01, hobee, FL 34974 ✓Wil Davis 131. NE 14e Street Oko echobee. FL 34972 P 5,'3 1 / 2 C0 5 0 9 : 4 T GG3-462- 5037 9 OKEECHOBEE HIGH SCH. 0 PAGE 03 I/Briml Dumas 3525 SE 304 Avenue Okewhobee, FL 34974 31akd Marsocci 1406 SW 4' Strw Ace *obee, FL 34974 W/J e iah Payne z' 11076 NE 42°4 Terrace Okle hob". FL 34972 Aric pena 2064 NW 4"' Street Ok-e hobee, FL 34972 V?,bl i I I POWM 10)07 SW .Park Strcct Oklhobcc. FL 34974 kob Rodriiuez 655 NW24 Strect Okeechobee. FL 34972 Trav s Rogers 2721 SE 24"' BIND Oketchobec, FL 34974 be Rq:ias 164 NEC 4& Avenue Oke chobee. FL 34972 Han* Schultz 2114 SW 28 th Avenue () k hobee.FL 34974 "Codir Stotey 441 NF,301'"Blvd 0 keVho FL 34972 Ju (J.R Suarez PO tax 753 ok1hobee. FL 34974 Venables @5131/2005 2258 VT 1� 47 663-452-5037 0 iE 54"' Trail tobee, FL 34972 y Voss SR 70 East Zobee, FL 34972 ✓ Mike Wise 851. W 1361JI Street Okcc chobee. FL 34972 CKEECHOEEE HIGH SCH. FAGE 04 • EXHIBIT 1 JUNE 7, 2005 Exhibit 1 Attorney Cook will provide at the Exhibit 1 June 7, 2005 ORDINANCE NO. 897 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORI A AMENDING ORDINANCE NO.716 AND AS AMENDED, SECTION 66-1 HEREOF; TO AMEND THE DEFINITION SET OUT THEREIN FOR WELLHEAD PROTECTION AREA; PROVIDING FOR CONFLICTS, SE VERABILITY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has established its omprehensive Plan according to the mandates of Chapter 163, Florida Statutes which plan includes certain requirements for concurrency and addresses enviro mental issues; and WHEREAS, said Comprehensive Plan acknowledges and requires that certain Goals, Objectives and Policies adopted by the City are to be included in any land development regulations adopted thereafter; and WHEREAS, the particular definition of "wellhead protection area" se out in ch. 66-1 of the adopted land development regulations are inconsistent witf the Comprehensive Plan Goals, Objectives and Policies, and must be amended ccordingly; NOW, THEREFORE, it is ordained before the City Council for the Florida; presented at a duly advertised public meeting; and pa of the City Council; and properly executed by the Mayor o Presiding Officer for the City, it is adopted and approved that amended in the following respect: Section 1. Sec. 66-1. Definitions. Wellhead protection area means the land lands located 1000 feet of potable water supply wells operated by the Authority, unless such wells are permanently capped. Fr( no development activity of any nature permitted. Section 2. Conflict All ordinances or parts of ordinances in conflict herewith are Language underlined is to be added. Language stiieken is to be deleted. ;ity of Okeechobee, ;sed by majority vote designee, as Chief rdinance No. 716 be n one-half of a -mile Okeechobee Utility repealed. Page 1 of 2 • • Section 3. Severability. If any provision or portion of this ordinance is declared by a iy court of competent jurisdiction to be void, unconstitutional, or unenforceabl , then all remaining provisions and portions of this ordinance shall remain in full force and effect. Section 4. Effective Date. This Ordinance shall take effect immediately upon its INTRODUCED for first reading and set for final public hearing on this 7"' day of June, 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing t iis 21' day of June, 2005. E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language underlined is to be added. Language stieken is to be deleted. Page 2 of 2 9 0 ORDINANCE NO. 898 AN ORDINANCE OF THE CITY OF OKEECHOBEE, F ORDINANCE NO.716 AND AS AMENDED, SECTIO TO CREATE AN EXCEPTION IN INDUSTRIAL ZO RELATED TO THE HEIGHT RESTRICTIONS IN INI RESTRICTING SUCH EXCEPTION TO THE OKEECI PARK AS PLATTED BY THE CITY OF OKEEC PROVIDING FOR CONFLICTS, SEVERABILITY, A EFFECTIVE DATE. LORIDAAMENDING N 90-345 THEREOF; NING CATEGORIES )USTRIAL ZONING; iOBEE COMMERCE HOBEE, FLORIDA; ND PROVIDING AN WHEREAS, the City of Okeechobee, Florida has established an industrial park known as "City of Okeechobee Commerce Center", and located on industrial zoned property located within the City, which park is found at Plat Book 7, Pages 10-13, public records, Okeechobee County, Florida; and WHEREAS, the Commerce Center location is isolated to of er industrial uses in that its location is the furthermost North and Eastern boundari s of the municipal city limits; and WHEREAS, the Commerce Center is designed to attract commercial and industrial uses that create jobs for the City of Okeechobee and improve the overall commercial and business environment of the City, and to assist in financial stability of the City and its citizens; and WHEREAS, due to the location of the Commerce Center, and its isolation from other industrial uses within the city, as well as the intense industrial uses it may attract, it is in the best interests of the City to permit certain industrial uses that may otherwise not be compatible in other areas of the City that are zoned industrial; NOW, THEREFORE, be ordained before the City Council fi Florida; presented at a duly advertised public meeting; of the City Council; and properly executed by the M� Presiding Officer for the City, it is adopted and approves amended in the following respect: Section 1. Sec. 90-345. Lot and structure requirements it the City of Okeechobee, ind passed by majority vote iyor or designee, as Chief that Ordinance No. 716 be Except where further restricted by these regulati ns for a particular use, the minimum lot and structure requirements in the IND district shall be as follows: (1) Minimum lot area. All uses: Area As needed to comply with requirements set out in division Width None (2) Minimum yard requirements. Except where a greater distance is required by these re ulations for particular use, the minimum yard setbacks shall be as follows: All uses: Front 25 feet Side 15 feet; 40 feet abutting residential Rear 20 feet; 40 feet abutting residential (3) Maximum lot coverage by all buildings. Language underlined is to be added. Language striekem is to be deleted. zoning district zoning district Page 1 of 3 • Maximum Coverage Maximum Impervious All uses: 50 percent 85 percent (4) Maximum height of structures. (a) Except where further restricted or enacted by these regulations for a particular use, the maximum height shal be as follows: All uses shall be 45 feet, wee for any structure in which workers are employed, unless a special exception is granted; I 0-feet,li—enermallytheire are not workers. and occupy, or a struct re not occupied but which is in the nature of a silo spire, storacle e1evator, towers and similar structures except telecommunication towers governed by 90-601 of land development regulations For all structures exceeding this height rogardless of whetherworkers al_ Lbj Q1C C111 IV eU uluruin and induaing ariv structure which may be erected at a location that would adver3ely affect the navigational re uirements and airs ace surrounds q the Okeechobee Count airport regardless of its height, such s ructures shall be permitted only by special exception Forthe lots described and set out in the i dustrial zoned Okeechobee Commerce Center, which is found at Plat Book 7 Pages 10-13 ublic records Okeechobee Countv, Floric a the permitted height restrictions for all structures including ilo s ire storage elevator, tower, or similar structure shall be 60 fe t: for structures exceedin this height, all such structures shall bE permitted only by special exception. Section 2. Conflict. All ordinances or parts of ordinances in conflict he h are hereby repealed. Section 3. Severability. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain i full force and effect. Section 4. Effective Date. This Ordinance shall take effect immediately upon its assage. INTRODUCED for first reading and set for final public hearing on this 7th day of June, 2005. ATTEST: Lane Gamiotea, CIVIC, City Clerk PASSED AND ADOPTED after Second and Final Public Heai 2005. Language underlined is to be added. Language striekee is to be deleted. James E. Kirk, Mayor ing this 21't day of June, Page 2 of 3 CITY OF OKEECHOBEE DESIGN REVIEW BOARD MAY 249 2005 SUMMARY OF BOARD ACTION I. CALL TO ORDER - Chairperson. Design Review Board, May 24, 2005, 7:15 p.m. • II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Bill Ledferd Vice -Chairperson Dawn Hoover Board Member Kenneth Keller Board Member Thomas Keller Board Member Christopher Mavroides Board Member Devin Maxwell Board Member Douglas McCoy Alternate Terry Burroughs Alternate John Whidden Attorney John R. Cook Secretary Katrina Cook • III. MINUTES - Secreta ry. A. Motion to dispense with the reading and approve the Summary of Agency Action for March 22, 2005 regular meeting. 1 of 3 Chairperson Ledferd called the May 24, 2005 Design Review Board meeting to order at 7:15 p.m. Board Secretary Cook called the roll: Present Present Present Absent - without consent Absent - without consent Present Present Present - Serving as voting member. Absent - with consent Absent - with consent Present Board Member Hoover motioned to dispense with the reading and approve the Summary of Board Action for the March 22, 2005 Regular Meeting; seconded by Board Member McCoy. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA MOTION CARRIED. 2005 - Design Review Board - Page 2 of 3 IV. NEW BUSINESS - City Attorney/Interim City Administrator, John Cook. A. Discussion regarding the Industrial Park's Deed Restrictions Katrina Cook, Board Secretary, briefly described a memo submitted by Attorney Cook related to the maximum height allowed within the Industrial Zoning District and the Industrial Park Deed Restrictions. Board Member Hoover stated that she was concerned with the height being allowed on all Industrial Zoned Properties. She explained that there are several stand alone properties that are zoned Industrial that are located next door to Residential property. • Board Member McCoy explained that if the height requirements were for the Industrial Park only it wouldn't be a problem; however, he is concerned with the areas that are zoned Industrial outside of the Industrial Park. After a brief discussion between the Board Members, it was apparent that further explanation was needed from Attorney Cook. The Board Members decided that it would be best to table the petition since Attorney Cook was not present to explain the request, and the matter could be discussed further at the Design Review Board Meeting next month. The Board Members did not want to make a recommendation to the City Council to amend the Industrial Park Deed Restrictions without further discussion related to the proposed amendment with Attorney Cook. Board Member McCoy motioned to table the discussion related to amending the Industrial Park Deed Restrictions specifically related height limitations; seconded by Board Member Hoover. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA MOTION CARRIED. 2005 - Design Review Board - Page 3 of 3 V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Design Review Committee with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, There being no further items on the agenda, Chairperson William Ledferd adjourned the and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and Review Board meeting at 7:27 p.m. evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Design Department. 0 ATTEST: Katrina Cook, Secretary • William Ledferd, Chairperson � Illllh., �� IIIIIIIIIIIIIIIII! II IIRI 8111fllflllllll FILE t 2004008481 OR BK 00530: PG 1952 DATE: 05J07I2004 04:25:08 PM SHARON ROBERT5ONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYr FL RECORDING FEES 96.00 RECORDED BY M Anupz -DECLARATION of Protective Covenants, Restrictions, Reservations, Servitudes and Easements Affecting OKEECHOBEE COMMERCE CENTER THIS DECLARATION is made by City Council City of Okeechobee, Florida, (hereinafter referred to as "Declarant'). WITNESSETH: WHEREAS, Declarant is the owner of certain real property located at OKEECHOBEE COMMERCE CENTER in the City of Okeechobee, State of Florida, and . WHEREAS, the real property is more particularly described by the plat thereof; incorporated herein, as recorded at Plat Book 7, Pages 10 - 14, Public Records Okeechobee County, Florida. WHEREAS, Declarant is desirous of subjecting certain real property to the protective covenants, restrictions, reservations, servitudes, and easements hereinafter set forth, each and all of which is and are for the benefit of said property and of each present and fiM re tenants thereof, or any part thereof WHEREAS, the purpose of these Covenants and Restrictions is to establish uniform standards of . development quality for Light Industrial, Commercial, Research, and Office Park known as OKEECHOBEE COMMERCE CENTER NOW THEREFORE, Declarant does declare that certain real property be subject to the covenants, restrictions, reservations, servitudes and easements hereinafter set forth as follows: PARAGRAPH L Definitions, Property Rights, Covenants for Maintaining Assessments, Maintenance and Repairs* Architectural Control, and Application of Environmental Protection I. DEFINITIONS The following words, when used in this Declaration shall have the following meaning: A. Industrial Park shall mean the "OKEECHOBEE COMMERCE CENTER". Industrial Park shall initially consist of those lots as indicated on the plat attached as exhibit "A"; which Industrial Park may be expanded by the addition of one or more similar tracts of lands ("Additions') which may be developed by the Okeechobee City Council, as more particularly provided in this section. Page 1 of 21 OR 005ao PG 1953 III 1. Each Addition .shall be contiguous to either the initial platted parcels, or a prior Addition to Industrial Park As used herein, the term- "contiguous" shall be used to describe two properties which have a common boundary line or which are separated by one or a combination of streets, roads, highways, sidewalks, paths, alleyways or other thoroughfares, together with medians and other dividers. 2. Each Addition shall. have a name which includes the name "OKEECHOBEE COMMERCE. CENTER", and additional words which distinguish the Addition to Industrial Park brow the initial platted park and the other Additions to Industrial Park such as "First Addition""Second Addition", etc.. 3. The Declaration of Covenants and kestrictions with respect to the Addition shall be in substance substantially the same as the Declaration with respect to the Initial platted park, unless approved by the Okeechobee City Council. As used in this Declaration the terms "Plat', and ,Declaration" shall include not only the original of a Plat or Declaration, but also any- and all amendments thereto. Common Area shall mean and refer to all real and/or personal property which the City Council City of Okeechobee, Florida own and will for the common use and enjoyment of the grantees, tenants; or lessees of OKEECHOBEE COMMERCE CENTER, and all real and/or personal property within or in -the vicinity ofthe Initial platted park in which the City of Okeechobee has an interest for the common use and enjoyment of the grantees, tenants, or lessees of OKEECHOBEE COCE CENTER, including without limitation, a right of use (such as, but not limited to, easements for surface water collection and retention). The use of the Common Area shall be restricted to park landscape, entry features, directional graphic system, drainage, landscape medians, security, safety, pedestrian/bicyclepaths, roads, project lighting and recreational purposes or any other use to which a majority of the grantees, tenants, or lessees Ofthe OKEECHOBEE COMMERCE CENTER may accede, but shall not include any lots .owned by the City of Okeechobee that remain unsold or not leased. to any grantee, tenant or lessee. .0 Lot shall mean and refer to -any parcel of the Property in the Initial platted park, together with any and all improvements thereon, and identified as such on the Plat, on which and industrial, office or other structure according to the terms. of this Declaration could be constructed whether or not one has been constructed, and shall include any "combination lot" described herein. D. Initial platted park or Property shall mean: and refer to all properties which are subject to this Declaration, more specifically described in Exhibit"A". PROPERTY RIGHTS Every grantee, tenant, or lessee shall be subject to these restrictions, as well as each assignee or successor in interest of such grantee, tenant, or lessee. Every grantee, tenant or lessee shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title of portions of the Property, subject to the following. Page 2 of 21 JR K 00530 PG 1?-54 A. Rules andregulations governing use and enjoyment of the Common Area adopted by the City; and which may be amended from time to time uponr..easonable notice to each owner or lessee. and . B. Restrictions contained on any and all plats of all or any part of the Common Area or filed separately with respect to all of any part of parts of the Property. C. In the event the owner of a parcel(s) within the industrial park designated as such on the records of the Clerk of Court Okeechobee County, Florida elects or should sell or transfer the parcel(s) by deed to another person.or entity, including all improvements thereon; said owner . shall, prior to consummating such sale or transfer, first notify the City of Okeechobee of its intent to so sell or transfer the property, and the City of Okeechobee is herein granted right of first refusal to purchase the parcel and all improvements thereon. The owner shall produce a contract for sale and purchase which it has negotiated with.a buyer in good faith and in which the total purchase price is set forth for theJand and all improvements thereon, and any other particulars of the proposed sale. The city reserves -the right to inquire into the validity and arms -length dealing in the contract for sale, and shall notify owner within thirty (3 0) days as to whether it intends .to enter into a written agreement with owner to exercise its right of first refusal and purchase the property: If such -right is not exercised by the city, the owner is free to proceed with the sale to its proposed buyer, said sale subject to these deed restrictions and other applicable local, state or federal regulations. D. Regardless of thecity's right of first refusal to purchase, -the sale, assignment or lease of a parcel,- or a parcel and business located thereon in the industrial park is further first subject to review and approval by the City of Okeechobee, to determine the nature of the business proposed at the site, Such approval shall not be unreasonably withheld and its -purpose is to . assure compliance with these deed'restrictions, and to ensure the creation of jobs, promote the economic vitality of the city, and to comply with all applicable state or federal grant funding requirements. Every owner, tenant or lessee of a parcel in the industrial park shall notify the City of Okeechobee in writing at least sixty (60) days prior to a proposed sale, lease, or assignment of a parcel or a parcel and business located t�imm for investigation under this part and approval by the city. The -city reserves the right under this section to compel assurances of compliance with these restrictions herein 'by existing or proposed owners, tenants or lessees. E. No owner,_ tenant, employee, agent of an owner or t�t. withintheindustrial park shall conduct the business or enterprise thereon in a manner to to against any person or entity on account 9f race, religion, national origin or eth+ity. III. COVENANTS FOR MAINTADUNG ASSESSMENTS. A. Creation of the Lien and Personal Obligation ofAssessmenU Eachtenant, grantee, or lessee of any portion ofthe Property from time to time constituting a Lot, as said term is hereinabove defined (by acceptance of a lease for such Portion of the Property, whether or not it shall be so expressed in any lease Dr. other conveyance) including any purchaser at a judicial sale or other successor in interest, shall be deemed to covenant and agree to pay to the city any annual assessments or other . charges, and any special assessments to. be fixed, established, and collected from time to time as hereinafter provided. All such assessments, together with interest thereon from the due date at the maximum rate allowable by law and costs of collection thereof (including reasonable attorney, s fees), shall be a charge on the Lot and shall Page 3 of .21 _• OR 00530 PG 1?55 be a continuing lien upon the Lots) against which each such assessment is made,, and shall also be the personal obligation of the tenant, grantee, or lessee. No terra grantee, or lessee may waive or otherwise escape liability for the assessment provided for herein by non-use of the Common Area or by abaiohtCeu%: No portion of any Property which does not constitute a Lot as that term is defined herein will. -be. liable for any annual or special assessment under this section. B. Purpose. ofAssessments.. The annual andspecial assessments levied by the city shall be used exclusively for the purpose of, promoting the health, safety, security, and. welfare of the tenants; grantees, or lessees ofLots included in the OKEECHOBEE, COMMBRCE CENTER (the. hdtial platted park.'and Additions] and in particular .for the improvements and maintmance of the Common:Areas of the OKEECHOBEE COMAMRCE CENTER and of any easement in favor of the city, including, but not limited to, the cost of , labor, materials, .mamtenamce, and supervision thereof for the purpose of maintaining or improving the entranceway and signage of the OKEECHOBEE COMMERCE CENTER, for planting trees and shrubbery and the care thereof within'a public right-of-way, for improving and maintaiiiug the entrance sign and landscaping, for routine maintenance of the drainage/swale syst=4 for regular maintenance/mowing of vacant property and rights of way, maintaining lighting; as well as for such other purposes as are permissible activities of, and undertaken by, the Cify of Okeechobee; excluding however such maintenance .as would be considered a capital improvement or major_repair. C. SpecidAssessmentsfor Capitallmprovements andA40rRepairs. In addition to any annual assessments, the city of Okeechobee may levy in any assessment year a special assessment, 'applicable to that year only, for the purpose of defraying in whole or in part, the cost of any contraction, reconstruction, unexpected repair or replacement of a capital improvement as approved by the City Council City of Okeechobee, .Florida, including the necessary factures and pessanal.property related thereto, so long as such. assessments) are a benefit to the lot owner, tenant or lessee, and fiuther provided that .atiy. such .assessment shall have the assent of two-thirds. (2/3) of the . tenants, grantees, : or. lessees. Capital improvements and major repairs shall include but may not be limited: to paving or re -surfacing the streets and rights of way; extension orxepair of wastewater, lines;. extension or repair of the railway spur into the parr repair or replacement of the bridge entering the park across Taylor Creek; creating or .improvement of drainage swales, ponds or ditches. D. Duties of the Okeechobee City Council. The City Council City of Okeechobee, Florida shall fix the date of commencement, and the amount of the assessment against each tenant, grantee, or lessee for each assessment period at least thirty(30) days in advance of such date or period and shall: at that time, prepare a roster of the Lots and assessments applicable thereto which shall be.kept m the office of the Clerk of Court and shall be open to inspection by any tenant, grantees or lessee. Written notice of the assessment shall be sent to every tenant, grantee, or lessee subject thereto not later than s thereof -even (7) days. after f ing the date of commencement The armount(s) assessed for routine maintenance and repair, or for capital improvements or majorrepairs, shall be the pro-rata expense:ofthe total cost of such installation, maintenance or reps, divided by the total acreage Owned or occupied by a particular owner, tenant or Iessee; i.e. if the entire acreage available for occupancy is 66 acres, and if the cost of the assessment is $500.00, and 6.4 acres -is owned or occupied, the obligation of an owner, ten= or lessee shall be that sum divided by... the .total. available acreage, and that sum multiplied by the 6.4 acres owned or occupied, then the owner, tenant or lessee would in this Page 4 of 21 M equaling an assessment of $48.45. Any example be assessed $7.57 per aere times 6.4 acres, ; utation acreage, excludin►gthecommonareas, oy�,n� by the city; shall be included in the comp ed to so as to require the city to remain responsible for the amount of the assessment assign its own acreage. furnish to. any tenant, grantee, or lessee liable for The City shall, upon demand at any time, erson of the Okeechobee City said assessment, a certificate in writing signed by the assessment been paid. Council, or then designee, setting forth' whether said assessment has Council shall have the right to exempt any property Exempt Property The Okeechobee City provided that subject to. this Declaration, from the assessments, charge, or lien created herein of the following such part of the Property exempted is used (and as long as it is used) any purposes: or other interest therein dedicated and accepted by the Olceecho As an easement City Council and devoted to public use; As CommonArea as -defined herein; from ad valorem taxation by the laws of the State of Florida, As Property exempted Florida. to the extent permitted by'the tax assessor- for Okeechobee County, MAIl4TENANCE AND REPAIRS able for the maintenance, repair, and upkeep of the A, Tenant; grantee, of lessee will be responsible landscaping, gutters, downspouts, premises andsballk zptheprem�Ses, includingthefencmg, m good order and repair. The exterior building surfaces, yard maintenance, and painting g Planning in shall be installed and maintained m=accordance with the Architectural landscaping Clerk. The Criteria, a copy of which can be obtained from the office of the Okeechobee City including to enforce such maintenance and repairs by any lawful means, city retains the right of nuisance; injunction, or other code enforcement under ch. 162 Florida Statute; abatement remedy as permitted by law. _ V. ARCHITECTURAL CONTROL si o Architectural Review' Approval No improvement or structure of any kind, �,. Neces . ty f fenc 'Wall, si site paving, grading, Parking and including without limitation, b e" fi' al system, decorative building' addition$, alteration, screen enclosures,: sewer, drain, shall be commenced, building, landscajing, ] ndsmpe device or object; or othef iurpr addition, change. or u any Lot or the Property, not shall any erected, placed or maw upon uutial platted park platting or replatting of any alteration therein or thereof be made, nor any ecifications, and location Lot or Lots, or the Property. be made unless and until the Plans, sP the technical review of the same shall have been submitted to and- approved in writing by, of the Okeechobee City Council in such architectural committee which represents the interests .. of external design and control. All p cations shall be evaluated as to harmony conformancend as to _ location in relation to structures and.topoSrapby - aofwhich architectural Platming criteria of OKEECHOBEE cOMMCE CENTER, copy may be obtained at the office of the City Clerk., Page 5 of 21 VI. B. Architectural Review&r- d' The architecturalreview and control fimctions oftheAssociation shall be administered and yerfmmed:.by.the technical review committee for the City of Okeechobee. At anytime thi`b City Council has the right to appoint members of the Architectural Review Board. The :Okeechobee City. Council shall appoint at least one (1) Architect or Building Contractor.ta the Architectural Review Board. C. Powers.andDutiesoftheArchitecturalReviewBoard.TheArchitecturalReviewBoardshall have the following powers and duties. 1. To recommend from time to time,to the Okeechobee City Council modifications and/or amendments to the Architectural Planning Criteria. Any modification or amendment to the Architectural planning Criteria shall be consistent with the provisions of this Declaration, and shall not be'effective until adopted by a majority Of the members of the Okeechobee. City Council at a meeting duly called and noticed and at which a quorum is present and voting and are present and voting. Notice of any modification or amendment to the Architectural Planning Criteria, including a verbatim copy of such change or modification, shall be delivered to each member of the Association; provided that, the delivery to each member of the Association of notice and.a copy of any modification or amendment to the Architectural Planing .Criteria shall not constitute a condition precedent to the effectiveness or validity of such change or modification. . Z. To require submission to the Architectural Review Board of one (1) complete set of allplans and specifications for any improvement or structure, of any kind, including, without limitation; any building, fence, wall; sign,site paving, grading, parking and building additions, altmtion, screen enclosure, sewer, drain, disposal system, decorative building, landscaping, .landscape device or object, or other improvement, the construction or placement of, which is proposed upon any Lot or Property in Initial platted parr together with a copy of any required governmental permits.. 3. To approve or disapprove any improvement or. structure of any kind, including, without limitation, any building,. fence, wall, sign, site.paving, grading, parking and building additions, alterations,. screen enclosure, sewer, drain, disposal system, decorative building, landscaping, landscape device or object, or other improvement of change or ,modification. thereto, the cons.truction, _ erection, - performance, or placement of which is proposed upon any Lot or the Property in the industrial park, and to approve or disapprove any exterior additions, changes, modifications, or .alterations therein or thereon_ APPLICATION OF ENVIRONMENTAL; PROTECTION In the recorded plat there are identified wetlands, designated as enhanced wetland 2; enhanced wetland 3; created wetland 3; enhanced wetland 4; and preserved wetland 5. It is the intent of the Declarant to stringent protection of these sites in perpetuity, provide as recognized through a conservation deed executed in favor of South Florida Water Management District, or as hereafter modified by the District or other state or federal agency. As such, development withm this industrial park, including the entire a the wetlands area shall be strictly regulated to Commercial uses. S age' with the exception of Phial emphasis shall be placed on a campus design with office and appropriate business facilities with a setback of seventy-f ve (75) feet from identified wetlands to protect wetlands integrity. Furthermore, the seventy-five (75) foot setback shall serve as a buffer and be maintained in perpetuity as a conservation easement. This conservation easement shall not be disturbed Page 0 of 21 or.developed as part of the OuECHOBEE COMMERCE CENTER, um subsequently modified between the City . federal agency"exercising jurisdiction over the park.and the appropriate state or & 14 at the initial Northern In addition, the plat designates the size and location.. lots numbered ed°zone r wellheads as described boundary of the parkas set forth on the Plat, which lots are within the P in the city land development regulations, ee Utility Authority. and which wells are owned by the Okeechob c and farther use is not anticipated, any development on these described While the wells are presently app� leach into groundwater, and all lots shall not permit or use environmentallY hazardous substances that may. development on these lots shall be strictly regulated in the permitting process by the city of Okeechobee, and code of ordinances, and as hereafter' Whose determination of as set forth in sections 82-1 to 82-94, . agencies environmental hazards shall be final, if not otherwise in conflict with:state and federal regula ry g PARAGRAPH II. Construction Uses Permitted -and Prohibited I. PLANNED INDUSTRIAL, RESEARCH AND DEVELOPMENT A, pwppose of Restrictions: The Planned hxl strial, Research and Development in the industrial to provide lands for the purpose of business and industry which support the park is intended pr growth and self-sufficiency. economic base of the City and contribute to its economic gt ses and industries primarily involved in Permitted uses are intended to include those busines the distribution of goods and services outside of the vicinity of Okeechobee County. The. nature of uses shall include research; development, and manufacture of products making use The of processes of manufacturing not likely to be objectionable to neighboring properties p development standards of. this .district. are intended to result in an open, uncrowded and attractive appearance through various site design standards. To the extent that these or are more stringent than, city zoning and land -use regulations, restrictions confli�t with, these deed restrictions shall take precedence over such ordinance, but only in the area set out in exhibit "A", and.as hereafter amended or enlarged by addition. or art thereof, shall be erected, altered, occupied B: Uses permitted No building or structure, P for other than one (1) or or used, or land or water area occupied or used, in whole or in P rt all uses shall be conducted more of the following general uses. Unless otherwise specified, entirely within an enclosed building. (The listing of specific uses under the generalized use categories are -intended to be illustrative rather than all inclusive.) 1. Manufacture of products such as: • Computer components; • Robotics; recessing; Food processing and • packagiu ,including aquicultu=e product p Apparel related products; Manufacture of finish wood products; • Manufacture of concrete/masonarY products • Flerdass/resin/inicctim molding Processes;. . • Furniture, fixtures; Assembled paper products; • Formulation and packaging of drugs, cosmetics, soap; • Fabricated metal products; • Light manufacturing or machinery, Page 7 of 21 _ • 0 OR sK 00530 pG 1959 • Electrical equipment and components; • Transportation parts and small equipment; • Electronic.systems, components and peripherals; • Optics; • Aerospace composites; • Integrated circuits; • Ceramics; • Consumer electronics; • Manufacturing technology, Semi -conductor equipment; • Image recognition; • Medical devices. 2. Educational, scientific, industrial, and manufacturingresearch and development such as: • Computer software development; • Artificial intelligence, • Medical technology, • Research and testing laboratory. 3. Warehouse and storage buildings, excluding hazardous or' flammable substances unless permitted by special exception in industrial zoning category; 4. Corporate or business offices which serve or represent other specifically permitted industrially related uses. 5. Sales, rental, and display of the following. • Construction equipment; • Machinery; • Monuments; • Restaurant, hotel and store supplies, fixtures and equipment, Swimming pool supplies; • Welding equipment and supplies; • Electronic supplies; • Medical and dental equipment and supplies; • Photographic equipment and supplies; • . Tires and batteries; • Sign painting; • Glass and mirrors. . 6. - The following services and trade establishments provided that they do not offer retail services on the same premises. Conditional _Approval may be obtained for retail services per Section C. • Bookbinding; • Bakery, • Cutting or blending of liquor; • Cheese. making; Carpet and rug cleaning; Page 8 of 2I 7 8. 9. 10 • Diaper service; . Drapery and blind fabrication and service, Egg storage, handling,. or processing; Food catering; Glass and mirror shop; Hydroponic garden; . Laundry; Linen supply; • Machinery repair; Magazine wholesale agency; Motion picture studio; • Pattern making; and engraving; • Printing, publishing, lithography, •. Tool, die, and gauge shop including the use of automatic screw machines; Communication - information/data processing; • Telecommunication; • Exterminating; Janitorial; - Boat building and repair; • Plumbing or electrical shop; gip°p unds and lastisols; • Manufacture of powder blends, Pc . • Telephone exchange. The following repair. and shop uses: • Awning and canvas; Carpenter and cabinet; • Contractor shop; Locksmith; Sharpening and grinding; • Electronic equipment repair; • Taxidermist; • Home appliance repair; • Upholstering shop; • Lawn mower and motorcycle repair, • Furniture repair. Blacksmith and welding• arters not exceeding - Accessory+ uses and structures; including tempRr'aTy living qus ecial exception, as eight hundred (800) square -feet in area and two bedrooms, by p � an accessory to a permitted use. The storage of motor vehicles; recreational vehicles, boats; trucks and trailers. a, Storage of motor vehicles, recreational vehicles, boats, trucks and trailers subject to the following conditions. Page 9 of . 21 --1 ...0 (1) N& or usi it M46 les, reveational vehicles, boats, trucks, and trailers, placed for storage shall occupy not more than one-half C/s) of the lot on which the business is located (2) Any business which permits the storage of motor vehicles; trucks, and trailers, recreational vehicles, and boats bearing signs, painted or otherwise affixed to the vehicles which signs advertise a franchiser or company name shall store such vehicle within a completely enclosed building or shall provide a vehicle storage area as set forth below. All motor vehicles, recreational vehicles, boats, trucks, or trailers bearing such signs must be stored within this vehicle storage area or in the enclosed building. (3) Vehicular storage areas must be screened on all sides providing for necessary ingress and egress.by a solid eight (8) foot high masonry wall. The landscape area outside the wall shall consist of a two (2) foot high continuous hedge at the time of planting and a tree every twenty (20) feet with a minimum height of twelve (12) feet and a spread of six (6) feet at planting. . (4) All maintenance, washing, and repair must be within the enclosed area 11. Crating, packing, distribution, shipping, and soft drink bottling, including warehouse and storage; 12. Auto towing subject to the following conditions: a. Vehicular storage areas must be screened on all sides providing for necessary ingress and egress by a solid eight (8) foot high masonry wall. The landscape area outside the wall shall consist of a two (2) foot high continuous hedge at the time of planting and a tree every twenty (20) feet with a minimum height of twelve (12) feet and a spread of six (6) feet at planting. 13. Commercial transportation business including taxi.dispatch, and bus and tram depot. C. Conditional uses. The following uses shall only be conditionally permitted in the industrial park subject to the procedures and requirements provided elsewhere in this Declaration and subject to the availability of sufficient flexibility for commercial uses as permitted by the Comprehensive Plan. 1. All uses listed under Paragraph IL B.(6). which are open to the general public and offer retail services. 2. Health club and physical fitness facilities. 3. Stores which sell or rent new or used merchandise within an enclosed building, whether or not sold or rented to the general public. 4. Hotels and motels. Page 10 of 21 PG .1962 OR D. Uses prohibited. Except as. specifically. permitted. in this division, the following uses are expressly prohibited as either principal oz.accessatY uses: 1. Foundry. 2. Drop forging. 3. Paint or varnish manufacture 4. - Oil compounding or barreling. 5, Die casting. 6: Livery stable, riding academy, or dude ranch. 7. Meat, poultry, fish, or slaughtering of same 8. Manufacture of asphalt;. acids, carbon, disinfectants, poison, insecticides, and batteries. 9. No open air storage of bulk materials is allowed. This prohibition does not apply to in a warehouse, or fully enclosed within a masonry wall at storage of these materials least six (6) feet in height. Stockpiles cannot be visible. 10. Institution for the housing, care, ortreatment of sick, indigent, aged, or minor persons. 11. Any other residential use other than a permitted accessory use or use permitted by special exception. 12. Brewery- 13. Manufac"or any storage of explosives. 14. Any busuiess which is obnoxious because of dust, dirt, smoke,- fumes, odors, noises, vibration$, or radioactive wastes. 15. Motor freight terminals.. . 16. Storage of motor vehicles, recreational vehicles, boats, trucks, trailers, farm equipmegt and parts thereof that would fit the defmition of a "junkyard" as set forth in chapter 30,.code of ordinances for the city of Okeechobee. E, Height No building.or structure shall be erected or altered to a height exceeding forth -five (45) feet- F. Setbacks. 1No building or roofed structure shall be located less than fifty (50) feet from any . street line nor less than twenty-five (25) feet from any Plot line other than a street Page 11 of 21 V OR tY 00530 PG 1963 line 2. No more than one-half (3/z) of the depth of any required setback area measured from A street line or plot line may be used for parking and such parking shall be located on the half of the required setback furthest from the street or front or plot lime. The balance of the setback area shall be landscaped and used for no other purpose. 3. All required setback areas, except where used for permitted parking, shall be landscaped. A required landscaped, area shall not be crossed by more than the mmimum of walkways and driveways necessary for access to the building. 4. Signs; light standards, and fences shall be permitted in required setback areas as hereinafter specified G. Fences and walls. All fences and walls shall be.constracted of concrete, masonry, or -metal. Metal fences shall be of the open -weave, chain -link type. Fences and walls shall not exceed ten (10) feet in height. Fences and walls shall not be located within any setback area on a street with the exception that a double:. frontage. plot shall be permitted to contain fences and walls in the rear or secondary.required setback area when provided with a twenty-five (25) planting' - area adjacent to the street landscaped in.conformance.with this Declaration. Notwithstanding the above, no fences or walls shall be located closer than fifty (50) feet to any right-of-way of eighty (80) feet or greater in width. H. Lighting. Ail -necessary exterior lighting on. the plot shall be so installed or shielded as not to cause any rfisance.to adjoining residential areas: 1. Minimum landscaped open space. Each plot shall provide not less than twenty percent (20%) of its area in landscaped open space. J. Storage. Tyre shall -be no open outside storage of materials, supplies, products, equipment, implements, motor vehicles, or machinery, unless area used for such outside storage is effectively screened from direct view at ground level from any street or from adjacent property as set forth herein. . K. Developmental standards. All develop ed Property shallbe landscaped, improved and maintained in full conformity with all applicable requirements of the land development code. All improved land shall be well -graded and free from underbrush and objectionable plant growth. The fifty (50) feet closest to any public right-of-way shall be mowed periodically as necessary to control natural grass growth. The balance of the site shall be kept free of debris and shall not be used for storage or disposal of any objects or materials. All PropertY shall be kept clean and free from rubbish or debris. All planted and landscaped areas shall be maintained in a neat, orderly, healthy, growing and properly trmmed condition... All buildings and structures shall be kept properly painted, unless finished with color coating, and protected from deterioration and shall not be permitted to become dilapidated. All driveways, wa&ways, parking'area's, storage, and loading areas of developed property Page 12 of 21 shall be well graded and surfaced with materials. All electrical, telephone, go-% or other utility conI shall be installed underground. L. Performance standards. l : No building or structure,. or part thereof obnoxious, objectionable, -a nuisance c relate to sound, vibrations, odors; glare, matters. concrete or Other equivalent hard, dustless or extensions or re -location thereof shalt be erected, in whole or in part, that is a hazard to adjoining properties, as they als, smoke and particulate aciioactive materi 2. Building facades facing roadways be designed to appear to be the fronts of buildings: This provision shall apply to corner and double frontage lots- M. Noise. Every use shall be so operated as to comp with the maximum performance standards governing noise descrbed below: Objectionabl noises due to intermittence, beat frequency or shrillness shall be muffled or eliminated so not to become it nuisance to adjacent uses. Sound levels shall be measured with. a sound 1 el meter and associated octave band filter manufactured according to standards p by the Amen Standards Association. N. IGE Along property line abutt Octave in bands residential district betweev in cycles per A.M. and 6:00 P.M.* Masi second. permitted sound level in dei 0-75 72. 75 -150 67 150 - 300 59 300 - 600 52 600 -1200 46 1200 - 2400 40 2400 - 4800 34 Over - 4800 32 * permissible sound level between 6:00 RU and for each of the Octave bands. " Vbration. Every use shall be so operated tha. generated is not perceptible, without instronn property on whic4 the use is located. Smoke. Every use shall be so operated, as to P whatever, to a densitygreater than described ae however, that smoke equal to, but not in exc Number 2 on the Ringletnann Chart may be e minutes in any thirty (30) minutes. For the l Ringlemann Chart as published and used by i is hereby made, by reference, a part of t measurements shall.he at the point of emissia p. Fumes, gases, vapors, dusts and acids. No ig a Along property line abutting an 8,00 bdustrial or Commercial district nnm Maximum permitted sound level ibe l& in decibels. 79 74 66 59 53 47 41 . 39 g:00 A.M. be decreased by 3 decibels ground vibration inherently and recurrently mts, at any point on the property line of the ent the emission of smoke, from any source umber 1 on the Ringlemaum Chart, provided of that shade of appearance described as ted for a period or periods totaling four (4) pose. of grading the density of smoke, the United States Bureau of Mines, and which I?ecl4ration, shall be the standard. All . shall cause or allow the escape into the Page 13 of 21 OF% d3K. 00zi3O pG open air of such quantities' &--hum vipors, dusts,- and acids, in such place or manner as to cause injury, detriment, or nuisance to the public, or to endanger the peace, comfort, health or safety of the public, or in: such manner as to cause or have a.tendency to cause injury or damage to business or. property. 1. Tests required. Tests may required by the Building Department for the purpose of the abatement of fumes, gases, vapors, dusts, odors, etc., or any other nuisance which may be present and which may come under the jurisdiction of the Building Departmea Such tests shall be made by the owner or his authorized agent, and they shall be made in accordance with such procedures as may be accepted by a reputable and recognized authority such as; American Society of Testing Materials, U. S. Bureau of Mines, U. S. -Public • Health Service, the National Board of Fire . Underwriters, or others: The choice of such authority shall rest entirely with the building department. Nothing in these rules and regulations regarding tests conducted by and paid for by . the owner or his authorized agents shall be deemed to abridge the rights of the Budding Department to conduct tests of these installations on behalf of the County. Q. Industrial sewage and waste. ' The use of septic tank systems for discharge of effluent of every nature shall not be permitted within the industrial park Every use shall be so operated as to prevent the discharge into any stream, lake, or the. ground of any liquid, effluent or waste which shall be dangerous or discomforting to persons or animals or which will damage plants or crops beyond the lot lines of the property on which the use is loco g its nature would be not permitted by the Okeechobee Utility or which by interest .into the solid wastelwastewater/sewerage system Authority or its successor in R Odors. The emission into the outdoor air of any fume, gas, dust or any combination thereof ..of a character. and in- a ' odor, smoke, bl vapor, considerable number of persons or the*public, at � �� as to be detectable by a any point beyond the property limits of the premises occupied or used bythe Peron or persons responsible for the source thereof so as to interfere with health, repose or safety, or cause severe annoyance or discomfort, or produce irritation of the upper regulations. S. No person shall maintain or conduct or cause to be maintained or conducted, any Parking lot or use any real Property fora private roadway unless. such real.property is covered or treated with a surface or substance or otherwise maintained in such a manner as to minimize atmospheric pollution: T. Supplemental Development Regulations. . In addition to architectural control requirements as adopted from time to time by the City of Okeechobee, the following additional standards shall apply_ Buildings: Buildings .constructed on aY Lot included in the initial platted park shall be a modem design and constructed of modern materials. Exterior walls of each building shall be finished with color -coated or painted steel panels, built up concrete, or equivalent material such as concrete block with plaster or stucco finish, or brick All exterior walls fronting on any street shall be aesthetically pleasing, and if concrete block, shall be given a veneer of either stucco, plaster, wood, or similar covering. The gross area of any buildings located upon any lot shall be consistent with the 1'`?6.5 Page 14 of 21 OR _-.K 00530 PG 1966 District within each phase. wheel the construction of any budding, is once begun, .work thereon must be prosecuted diligently and completed within a reasonable time. If for any reason work is discontinued, and there is not substantial progress towards completions fora continuous three (3) month period, the Developer, or its heirs and successors, shall have the right to notify the Okeechobee City Council of its intention herein, enter the premises and take such steps as might be required to correct an undesirable appearance. _ 2. Loading, storage, and outside, storage. Each parcel of. the land devoted to. site developmentshall provide sufficient on -site loading facilities to accommodate site activities, and all loading movement, including turn grounds, shall be made off of the public right-of-way. Loading docks shall be located and screened so as to minimize their visibility from any street or other right-of-way. Screening of service areas, loading docks and so forth may consist_ of any approved combination of earth mounding, landscaping, walls and/or fencing. No materials, supplies or equipment shall be permitted to remain outside of any budding, unless approved by the architectural Review Board; -in writing, in advance. However, tanks, motors, and speck industrial equipment will be permitted to remain outside of any building as long as they are screened from the street and surrounding property, or in designated areas approved by the architectural Review Board. Rubbish and garbage facilities -shall be screened so!. as not to: be visible from - any .street or right-of-way. The maneuvering of tracks and trailers shall be confined to the extent practicable, to the lot included inthe Initial platted park where the tricks and trailers have business. To the extent possible, all. loading and unloading of trucks and trailers shall be done on the premises of the lot and not within the streets, and regular loading areas and facilities shall be located other than on the street side of the buildings and not be visible from the street to the extent practicable. Bulk storage of liquids, including gasoline, fuel oil, other petroleum products and other liquids, shall be stored inside buildings.or in underground containers located at a depth and area approved by the Building Department All storage shall be - in compliance with applicable gov: laws and regulations. meat visible from a street shall be 3, Site furniture. Site furniture and mechanical equip exterior lighting considered as landscape elements, and all site furniture, including g fnitures, 'shall be subject to the approval.of the Architectural Review Board as elsewherl herein provided. ed. Curb 4. Curb cut;. It is intended that �cirb cuts on boundqry streets be east one hundred (100) feet apart (�cent�er spacing),cuts on boundary streets shall beat least fifty, (50) feet from any street intersection, end a maximum of twenty-four (24) feet in w#.dth, unless approved by the architectural Review Board in writing, in advance.. Joint curb cuts may. be -developed to serve abutting parcels and are favorably encouraged- 5. BugdinglWckmical equipment, all. mechanical equipment, servicing buildings, including - roof mounted equipment, shall be enclosed or screened so as to be an integral partof the architectural design shall be. subject to the approval of the Architectural 6, Site grading. Site grading -- _ Planning Criteria. page 15 of 21 OR PG -1967 7. Parking. Parldng on the.streets in tiie ini iai platted park, or on additions thereto is strictly prohibited. Allparking within the initial platted park or additions thereto shall only be in designated and paved :parking areas, according to design standards in effect in the city. 8. Streets. All streets and roads shall be dedicated to the public. 9. Signs and graphics.. Signs and sign location within OK.EECHOBEE COMMERCE CENTER shall be -subject to the review of the Architectural Review Board and shall conform to the Architectural Planning Criteria and applicable Land Development Regulations and City. Codes. To mini,nize any detractive effects upon building appearance and landscaping which -may result from the erection of signs within the .initial platted park, signs shall be- located flush on building exterior walls not -perpendicular to the; wall surface; .lettering may not be larger than four (4) feet high. flashing signs,.scrolling message signs, banners or other si eamitt gnnotpermanentlyaffnced of any kind are not P. ed; and all signs shall conform to the applicable sign regulations of Okeechobee County, Florida as the same now exists or as the same has been or may hereafter be amended. . l o: Exterior lighting.. Exterior lighting is subject to the review. of the Architectural Review Board and should be in conformance with the Architectural Planning Criteria and applicable city land development regulations. and codes. 11. Landscaping. All landscaping is subject to the review of the Architectural Review Board, and should conform to theArchitectural Pjanming Criteria, and applicable city land development regulations and codes. 12. Utilities. All, electrical and ._telecommun-cation transmission:lines within the initial .platted park other than those. existing on the date of this Declaration and those -hereafter installed by.the Developer shall be installed. and maintained underground. The availability of water and wastewater service.to the industrial park is subject to the regulations and e� of the Okeechobee.UWity Authority, or its successor _ .. in. interest. 13. Rail Spur. The industrial park may be served by.a rail spur adjacent to the railroad right of way designated as Seaboard Railway on the plat of the park; said spur is Iocated at the Southwestern portion of the park Its availability, use and extension throughout the industrial park are uncertain, and no right or representation is made as to its -use by owners .or tenants of the park For those lots that may acquire use of the spur, such use is subject to the codes and regulations of the City of Okeechobee, and the railway company then operating ,the adjacent. track leading to the spur. The City reserves the right to extend -or. permit extension to the rail spur throughout the park, and any cost assessments therefore. shall be limited to those lot owners, tenants or Iessees who directly benefit from.the spur by actual use of railway transportation for goods and services in the conduct of their business within the park 14. Maintenance. Buildings, landscaping, and other improvements shall be continuously maintained so as to preserve as wellkept appearance of any Lot or other especially along the perimeters property. The Association shall from time to time inspect site and landscape maintenance, and -if not satisfied with the level of maintenance on a site, shall notify the owner III writing. If within fifteen (15) days from notification, Page 16 of 21 OR -,.,K'00530 PG 1968 maintenance has not beenbrought to acceptable- standards in conformance with the . order the work done at the following maintenance- standards, the Association May . assessment. s. *or lessee's treat -the charges as an ass tenant's, grantee's, . ee . )s expense andmaY The maintenance standards are as follows: Trask All trash and garbage shall be placed in designated containers, Or within the tenarit's, grantee's, or lessee's contained service area and all trash areas shall be screened andproperly landscaped. The size of containers. shall reflect the capacity of the local agencies for trash removal. Yards and ...Landscape areas as -will be.kept free Of trash, leaves, and dead landscaping materials. 2. Landscaping. All landscaping areas including sodded areas,. shall, be regularly. irrigated as required and Shall- receive regular. ma"'tenance including trimming,fatffntion to protect wetlands, mowing and minimum replacement of diseased PlWtmaterials, as required. All irrigation systems kept in good repair, and. shall not discolor shall. be underground, automatic, landscaping shall be or structure. Perimeter any wall, sign surface , quality, and value maintained so as to avoid blight and preserve the beauty, of the initial platted park, and to maintaka uniform and sightly appearance the street shall. be used for open The area between the building and taking into landscaping and green areas to the -greatest extent possible,ninetyninetyaccountnecessary parking: All landscaping shall be within completcd(90) days of the, issuance of a CeTtificate of occupancy with respect to the building constructed or erected on any lot and shall be subject to the approval ofthp Building Department hard surface lot and sidewalk All parking lot, sidewalks, and other .3i Parking areas -shall, be swept and cleaned regularly and cracks and damaged at of sidewalks shall be. repaired or replaced: as required. Damaged Or eroding areas of the asphalt parking surfa ce shall be replaced as required and an overall resurfacing of the parking area will be- done as necessary- Broken and/or curbing shall. be replaced as required and drainage hump stops storms ewers and any surface drainage facilities shall be maintained ets, repair and sh all remain c the roper Raw ,ear of debris so as to enable P in good -street Of water. Each tenant, grantee, or lessee shall provide adequate off motor vehicle and trailer storage for the tqmt-i s, grantee's, or less& s needs, but, in any event, no less than that required. by governmental regulations_ and areas shall be constructed Or requirements. All. driveways and parking asphalt or concrete prNhWL 4.- Lighting. Levels of light- intensity in .the parking areas of all exterior walkways shaU be ma Mined at safe levels and bulbs shall be replaced expeditiously as fidlure =urs- Light standards shall be maintained in good repair and shall be kept functional' at all tinim. Inswwnce. mded in 1. Casualtyiugura� All , bn&p and insurable improved improved the park shall be insured for fire and extender um pm*, excluding foundation and excavation costs, at their maximum insurable replacement Page 17 of 21 value, and all personal coverage. property located therem; including garage or bailee 2. Public liability insurance: The owner or tenant shall obtainpublic liability and property damage insurance covering the property and all improvements thereon in such sums as may be.set-by ordinance or resolution of the City of Okeechobee. 3. Workman Compensation: The owner or tenant shall obtain workman compensation coverage for its activities as provided by law and ch. 440 Florida Statutes and as amended. .4. Nood.Jnsurance.. The owner or tenant is subject to obtaining flood insurance in the event the industrial park is or becomes designated by FEMA or other federal agency. as being within a recognized flood zone. PARAGRAPHIM Easements, Reservations,°Rights-of way and Additional Restrictions Easements, reservations and ri . ghts-of-way may be reserved by Declarant onor over said property or any portion thereof in any contract ordeed hereafter made, 2. Declarant may include in any contract or deed hereafter made, additional protective covenants and restrictions not inconsistent with those contained.here. 3. No other structure permitted by this Declaration shall be _ built;erected, or maintained upon any such easements; reservations or ri ghts-of-way, and said.easements, reservations or rights -of -way shall, at all times, be open and accessible to Utility .corporations who have obtained the written Declarant, who shall have,the. rightof in Permission of ingress and egress thereto and therefrom, and the right and privilege of doing whatever maybe necessary in, .under, or upon said locations for the any -of the purposes for which=said easements, reservations, and ricarrying out of hereafter be reserved. and -rights -of -way are reserved or may PARAGRAPH W. Scope of Covenants, Restrictions, Reservations, Servitudes, and Easements AN of the covenants; restrictions, reservations,' eclaration servitudes and easements set forth in this D are imposed upon said property for .the direct benefit thereof and of the City of Okeecho , Florida thereof as a part of the general plan of the devlop men4improvements, and maintenance of said property. Each graIItee, lessee, tenant, assignee or successor in interest accepts the same subject to the covenants, restrictions, reservations, servitudes and easements set forth in this Declaration, and agrees to be bound by each such - ,oven aM restriction, reservation, servitude and easements. PARAGRAPH V. Violations of Covenants; Restrictions;11MMatio13s, Servitudes and Easements A breach or violations of any of the covenants restrictions reservati shall give to the Declarant the right to immediate i °�� servitudes and easements entry upon the Property upon with said violation exists, and Page 18 of 21 OR _mil: 00530 PG 1970. summarily to abate and remove, at the expense of the owner thcreoi j any erection, structure, building, thing or condition that may be or exist thereon contrary to this Declaration, -and to the true intent and meaning of the provisions hereof, and the Declarant shall not thereby be deemed guilty of any manner of trespass for such entry, abatement, or removal, nor shall the Declarant -be liable for any -violation of any covenant, restriction, . reservation, servitude and easement hereof, whether such covenant, restriction, reservation, servitude and easement is violated in whole or in part, is hereby declared to be and to constitute a nuisance, and every remedy allowed by law or equity against a nuisance, either public or private, shall be. applicable against any such owner or any parcel, and.many be prohibited and enjoined by -an injunctiorL Such remedy shall be deemed cumulative and not exclusive. Where an action, suitor other judicial proceedings - is instituted or brouot for the enforcement ofthese in such litigation shall pay all covenants, restrictions, reservations, servitudes and easements; the losing patty expenses, including a reasonable attomey's fee, incurred by the other party in such legal proceeding-. PARAGRAPH VL Right to Enforce . The provisions contained in this Declaration shall bind and inure to the benefit of and be enforceable by the Declarant or theirlegal representative, to enforce any of such covenants, restrictions, reservations, . servitudes and easements herein contained shall, in no event, be deemed a waiver of the right to do so thereafter, . unless otherwise herein provided.: PARAGRAPH VIL ,Assignment of Powers. Any acid all - rights and powers and reservations of the. Declarant herein contained may be deeded, conveyed or assigned to another corporation, �co-paitnersluP' . or individual and upon such corporation, co - or individual evidencuag its consent in writingto accept such assignnaen t and to assume such duties partnership, ark for a primarily public and not private and powers, providing always thnt.�ball operate the industEial p purpose; and it shall, providing extent'of such deed, conveyanee:or assignmentt, have the same rights and powers, and purpose; subject to the same obligations and duties as are given to and assumed by. Declarant herein and thereupon Declarantshall be relieved of the performance of any further duty or obligation hereunder to the extent of such deed, conveyance of assignment PARAGRAPH "M Marginal. Notes. and Headings of Paragraphs f particular paragraphs are inserted only as a notes and headings as to the contents o The marginal intended to be, -it part of this matter of convenience .and for reference, and in na way are, or are they.. Declaration, or in any way define, limit, and describe the scope of intent of that particular section or paragraph to which they refer. PARAGRAPH UL The Various. Parts .of This Declaration are Severable In the event any clause,. initial platted park, term, provision or part of this Declaration shall be adjudicated. by Final Judgement of any Court'of competent: jurisdiction to be,invalid or unenforceable, the Page 19 of 21 A- -0 OR -6K 00-530 F G 1c? r 1 iemaindez of this Declaration, and each and all of its terms and provisions not so adjudicated to be invalid or unenforceable, shall remain in full force and effect;.,and each an all of the paragraphs; initial platted parks, terms; provisions, or parts of this Declaration are hereby declared to be severable and independent of each other.. PARAGRAPH X. Amendmentto Protective Covenants, Restrictions, Reservations, Servitudes, and Easements Declarant shall have the right to amend this Declaration so long as such amendment is not inconsistent with or delude the overall plan or protection. IN WITNESS WHEREOF, the Declarant has signed and sealed this Declaration on the day Of , 2004. C. 1 OKEECHOBEE Criy CouNaL FOR J OKEECHOB CITY OF � EE, FLORIDA f)7 es E. Kirk, Mayor hY of Okeechobee ATTEST:,:,::: Lane daxnioteaxitY Clerk EXHIBIT 3 JUNE 71 2005 5378 Carisbrooke Lane, Tallahassee, FL 32309 Phone 850-893-0694 Fax 850-893-3503 P" To: Robin Brock, Okeechobee From: Deborah lRournelis Belcher Fax: 863-763-1686 Pages: 6 Phone: Date: 6/2/2005 Re: Hurricane Housing CC: George Long, County Administrator ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: Attached is a letter and a 3 page document outlining my preliminary thoughts on using the new state Hurricane Housing Recovery Program ( HRP) funds available to Okeechobee County. For the 6/7/2005 meeting, please agenda the following: 1. Vote to approve the County's tentative award of $3132,000 in HHRP funds to ROAD. 2. Vote to appoint a commissioner to represent the City in the County's development of the local HHRP strategy and policies. Thank you for your attention to this. June 1, 2005 Honorable James Kirk, Mayor City of Okeechobee 55 S. E. Third Avenue Okeechobee, Florida 33472 Dear Mayor Kirk and Commissioners: The 2005 Florida legislature approved a state Hurricane Housing Recovery Program (HHRP), which will provide funds to certain counties that were especially hard hit by the 2004 hurricanes. The HHRP will be administered by the Florida Housing Finance Corporation, and will operate in a manner that is similar to the SHIP program. Funds must be spent on housing activities, with a focus on home ownership and construction (which includes rehabilitatio as well as new construction). There are also required percentages of expenditures for low, very low and moderate income persons. We expect to have a funding agreement in July 2005. I had previously informed Mayor Kirk and Mr. Cook that the City of Okeechobee is eligible to apply for a portion of the $7,173,464 HHRP funds that are allocated to Okeechobee County. Since that time I have received clarification from the state that only SHIP-eligibl e municipalities may apply for the funding. The City of Okeechobee is not eligible for funding because SHIP eligibility is limited to those municipalities with populations of 50,000 or more. The Okeechobee County Board of County Commissioners has always intended to operate the Hurricane Housing Recovery Program(HHRP) on a county -wide basis. Although the Board no longer needs the City's approval to receive the funding, the Boards ill welcomes the City's input into the development of the local HHRP strategy and policies. On May 26, 2005, the Okeechobee County Board of County Commissioners voted to allocate $382,000 in HHRP funds to Rebuild Okeechobee After Disaster (ROAD), subject to approval by the City and Florida Housing Finance Corporation (the administering agency of the funds), and subject to execution of an appropriate agreement between the County and ROAD. The $382,000 will come from the $717,346 Community Collaboration set -aside portion of tf e County's HHRP. This set - aside is to be used to fund community -based housing recovery efforls, which matches the mission of ROAD. ROAD needed to receive a commitment of funds in order to qualify for a $530,850 grant from Volunteer Florida. • • Mayor Kirk and Commissioners June 1, 2005 We respectfully request that the City approve the $382,000 allocat at the 6/7/2005 City Commission meeting. ROAD will use tl subcontractors to do needed work on homes that ROAD will rehabili Florida funds to purchase materials, and will use volunteer labor w I have enclosed a preliminary draft of a strategy for using the rei available to Okeechobee County. This is the same document that County Commissioners for their 6/9/2005 agenda packets. The dre purposes only. The Board will have the strategy approval issue on th policies for the program may also be discussed on June 20, or this r are welcome to express your views on the HHRP , individually or or all of these Board meetings, or to provide written comments for to appoint a commissioner to serve as the City's representative and decision -making process. Please feel free to call me if you wish to discuss the state rules for the ideas you have concerning alternatives, or policy issues. On behalf of of County Commissioners, thank you for your interest and suppoi Okeechobee in meeting their housing recovery needs. Sincerely, Deborah Belcher President, RPDS Consultant to Okeechobee County enclosure n of HHRP funds to ROAD se funds to pay for licensed te. ROAD will use Volunteer ,re possible. raining HHRP funds that are am providing to the Board of t is for review and discussion it 6/20/2005 agenda. Specific ay be delayed until July. You the City Commission, at any onsideration. You may wish luring the Board's discussion HHRP, the draft strategy, any the Okeechobee County Board t in assisting the residents of • • OKEECHOBEE COUNTY HURRICANE HOUSING RECOVERY The 2005 Florida legislature appropriated funds for housing recover that were especially hard hit by the 2004 hurricanes. A maj or portion was designated for the Hurricane Housing Recovery Program (HH: under the general state parameters of the SHIP program, although t] Okeechobee County is eligible to receive a total of $7,173,464 allocated to the County as follows. Base Allocation $5,380,098 Extremely Low Income $1,076,020 Community Collaboration $ 717,346 Eligible Uses of Funds RAM needs in designated Counties f the legislative appropriation P). The program will operate !re are some exceptions. funding. This money is The base allocation can be used for a variety of housing activities, in lading rehabilitating site built and post 1994 mobile homes, replacing pre-1994 mobile homes and ite built homes that have been damaged beyond reasonable repair, new construction and developm nt financing for homeowners and affordable rental property. A minimum of 30% of the program (non -administrative) funds must be reserved for very low income persons (50% of median), and an additional 30% of the funds must be reserved for low income persons (80% of median). The remaining 0% of funds may be allocated to moderate income persons (120% of median). Although it is likely that a majority of these funds will be restricted to homeowners, some could be used to construct/rehabilitate rental housing that will be occupied by income eligible households at restricted rental rates for 15 years). The extremely low income allocation is only available for assisting persons whose incomes do not exceed 30% of the median. There will likely be no requiremeni for homeownership for this allocation. This money may be used to construct rental housing, with a requirement of rent price control and occupancy by extremely low income persons for 15 y ars (or as required by HHRP rules). The housing could be owned by a for -profit or not -for -profit entity. The Community Collaboration fund would be used to assist collat example of this type of activity would be providing funds for R.O.A required to supplement volunteer rebuilding efforts and donated builc be awarded for the agency's operational costs such as staffing and si Eligible Applicants Both the County and the City are eligible to apply for funds, althoug entire allocation to serve the entire county area. If neither the County the extremely low income portion, a locally -based nonprofit organi2 experience could apply for the funds directly. ative recovery efforts. An . for licensed contract labor g materials. Funds may also )lies. the County can apply for the for the City chose to apply for tion with successful housing • • Funding Availability The funds will be administered by the Florida Housing Finance Corp the SHIP funds. The FHFC is currently preparing an emergency rule will be in effect after July 1, 2005. ation, which also administers implement the HHRP, which A requirement for receiving the funds will be establishing a strategy for using the funds. The types of activities to be conducted, a budget and the number of housing units to be assisted will be components of the strategy. The strategy must also describe the collaborative efforts that were involved in developing the strategy, such as the entities involved, how the activities were selected and prioritized, and who will participate in the implementation oft e strategy. Preliminary Recommendations The County, with approval by the City, should immediately allocate 382,000 from the Community Collaboration portion of the HHRP to ROAD, through Okeechobee Non Profit Housing, Inc.. The ROAD allocation would be for the uses specified in their proposal to Volunteer Florida, including $324,700 for licensed subcontractors and permit fees associated vith improvements to homes occupied by residents who are income eligible under the HHRP rules. The remaining $57,300 would be for administrative expenses, including the second year funding of the Operations Director position. Actual award of funds to ROAD would be made after the agreement between the County and Florida Housing Finance Corporation is effective, and would specify the terms of the award. The County and City should agree on the option of the County conducting a county -wide program utilizing all available HHRP funds. The City should be involved with the County in developing the HHRP strategy. Other entities should also be invited to partic pate, such as R.O.A.D. and Okeechobee Non Profit Housing. When basic strategy issues are finalized, the County (with continue( ROAD) should determine implementation policies for the HHRP. 7 the County's existing SHIP program rules, as well as the unique c situation and funding. Issues would include the maximum amount any household, the terms of assistance (such as a deferred payment for longer periods of time for larger amounts of funds), how appl prioritized for awards, 1 involvement of the City and 'hese policies should consider circumstances of the recovery )f assistance to be awarded to loan, which could be in effect icants would be selected and • • OKEECHOBEE COUNTY HURRICANE HOUSING RECOVERY PROGRAM INITIAL DRAFT FOR DISCUSSION PURPOSES ONLY The Okeechobee County Board of County Commissioners will im] Recovery Program (HHRP) on a county -wide basis. The City of Ok After Disaster (ROAD), Okeechobee Non Profit Housing, and otl entities as well as the general public, are invited to provide input into recovery strategy. The HHRP funding is divided into three allocati will be awarded to the County by the Florida Housing Finance Corp( Base Allocation Base total $5,380,098 Admin $ 609,476 Project $4,770,622 nent the Hurricane Housing hobee, Rebuild Okeechobee not -for -profit and for -profit development of the housing totaling $7,143,463, which .ion under specific state rule. 25 site built owner rehabs @ $40,000 = S1,000,000 (8 very low, 9 low, 8 moderate) 30 site built owner replacements @ $80,000 = $2,400,000 (10 veiy low, 10 low, 10 moderate) 9 owner mobile home replacements @ $50,000 = $450,000 (3 veiy low, 3 low, 3 moderate) 8 owner mobile home rehabs (1994 or newer) @ $5,000 = $40,00 0 (4 very low, 4 low) 14 new rental units @ $63,902 = $880,622 (1-4 bedrooms; 4 very 1 w, 5 low, 5 moderate income) Extremely Low Income Allocation ELI total $1,076,020 Admin $ 107,600 Project $ 968,420 12 new 1 & 2 bedroom rental units @ $80,701.67 Or 10 new 1, 2 & 3 bedroom units @ $96,842 Controlled rental rates for 15 years on all units, limited to ELI Community Collaboration CC total $717,346 ROAD $382,000 (15% ROAD admin, $324,700 balance for construction) Other $335,346 (nonprofit recovery/housing agency, 15% a ency admin, $285,044 balance for development) ROAD: 21 owner rehabilitations, 7 very low, 6 low and 8 moderate income, average $15,476.19 for contracted work Other: An example of what could be provided is 3 new 1-2 bedroom te ts, owner or rental, disabled or elderly, I very low, 1 low, 1 moderate, or use this money to leveother funds. OKEECHOBEE COUNTY HURRICANE HOUSING RECOVERY PROGRAM PRELIMINARY DRAFT S'r ATEGY, FOR DISCUSSION PURPOSES Allocation Very low income Low income Moderate income /Activity # $11va $Tot $ % # J$Ave $Tot 1 $ %f#71Ave $ Tot Owner rehab 8 $40,000 $320,000 Owner replace 10 $80,000 $800,000 Owner mh 4 $5,000 $20,000 rehab 1994 Owner mh 3 $50,000 $150,000 replace New rental 4 $62,902 $251,606 Total Base----------- Admin ELI _ New rental 12 $80,702 $968,420 100% ELI aclmin - 9 $40,000 $360,000 10 $80,000 $800,000 4 $5,000 $20,000 3 t$50,000 $150,000 5 1 $62,902 1 $314,510 6 8 $40,000 $320,000 10 $80,000 $800,000 0 $0 3 $50,000 $150,000 5 $62,902 $314,510 $1,584,51 Total 4 C 3 0 r a n 4L W d N $1,000,000 m $2,400,000 $40,000 $450,000 $880,622 33. $4,770,622 m 0 21 cn W (n 180 $609,475 w $968,420 $107,600 4�1 Community Collaboration ROAD owner rehab 7 $15,462 $108,234 33.33 6 $15,462 1 $92,772 28.5 7 8 $15,462 $123,694 38. 10 $324,700 Other 1 $95,015 $95,015 1 $95,015 $95,015 1 $95,014 $95,014 $285,044 CC Total $203,249 33.33 $187,787 30.8 $218,708 35. 87 $609,744 Admin ROAD 1$57,300 Admin other $%,302 TOTAL $2,713,275 $1,832,297 $1,803,218 $7,173,463 CA c 3 N (n c� co Un r d NOTE: JUDD K. ROTH REAL ESTATE DEVELOPMENT HAS REQUESTED APPROXIMATELY $1,000,000 IN ASSISTANCE TO DEVELOP APPROXIMATELY 54 SINGLE FAMILY HOMES IN THE CITY OF OKEECHOBEE. THE AMOUNT OF ASSISTANCE COULD BE REDUCED IF FEMA PROVIDES SITE DEVELOPMENT WORK IN PREPARATION FOR INTERIM MOBILE HOME SITING. Some or all of the rental construction money included in this draft strategy could be transferred into this development, or another single family homebuyer program/development. m fn O • EXHIBIT 4 JUNE 7, 2005 CITY OF OKEECHOBEE (863) 763-33 2 FAX (863) 763-1686 AGENDA ITEM REQUEST F43RM Please mail or bring completed form to: City of Okeechobee City Administrator's Office 55 SE 3''d Avenue Okeechobee, Florida 34974 ��ii NAME: l."�. nm, l� t-a-q J)OL is ADDRESS: 155 s Otte cbee, i ---)1 349-19 TELEPHONE: &M-4-,04 FAX: - MEETING: REGULAR I SPECIAL ❑ WORKSHOP ❑ DATE: (G> I L s PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON TH)E CITY COUNCIL AGENDA: PLEASE STATE WHAT DEPARTMENrT\((S) YOU HAVE WORKED W THUS FAR PLEASE STATE DE HIED ACTION BY THE CITY COUNCIL: PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING 17OUR REQUEST AND ATTACH APPLIC4BLE DOCU TS: IF PRESENTATION IS TO BE MADE, PLEASE STATE HOW MUCH IME YOU ARE REQUESTING: SIGNED B DA Da UA.0 10 Lakeshore Mechanics, Inc. 0 Business Plan Lakeshore Mechani Strategic Business PI Contact Gena Gray Davis (863) 467-4781 (863) 634-6484 gdavisO9O9@adelphia.net Inc.1. • Lakeshore Mechanics, Inc. • Business Plan 1.0 EXECUTIVE SUMMARY Objectives Mission Keys to Success Financial Highlights 2.0 COMPANY SUMMARY Company Ownership Investment Summary Location Table of Contents 2 • Lakeshore Mechanics, Inc. Business Plan Non -Disclosure Agreement The undersigned reader acknowledges that the information p ovided by Lakeshore Mechanic, Inc. in this business plan is confidential; therefore, eader agrees not to disclose it without the express written permission of Lakeshore Mecha ics, Inc. It is acknowledged by reader that information to be furnished in this business plan is in all respects confidential in nature, other than information which is in the public domain through other means and that any disclosure or use of same by the reader may cause serious harm or damage to Lakeshore Mechanics, Inc. and its princir Upon request, this document is to be immediately returned. Signature Name (typed or printed) Date This is a business plan. It does not imply an offering of secu 3 • • Lakeshore Mechanics, Inc. Business Plan 1.0 Executive Summary Lakeshore Mechanics, Inc. is a diesel repair facility located in Okeect obee Florida owned by Mr. Luis Lagos and Mr. Merlin Lopez. The facility is one of only two shop offering repair services to semi trucks and other diesel powered trucks in Okeechobee. Lakeshore was opened in July 2004, employing one full-time mechanic (Mr. Lopez), one part-time mechanic (Mr. Lagos) and one full- time assistant. Lakeshore Mechanics, Inc. was incorporated as a Flo ida Schedule S Corporation in September 2004. Currently the Shop services over 60 regular cust mers, owning an average of four semi -trucks each. Through providing competitive prices, fast to -around times, and Spanish speaking mechanics, revenues have grown steadily over the busines ' 10 months of operations. As a result, the staff has been expanded to three mechanics, two hell: ers, a welder and a secretary. Keeping trucks running and minimizing downtime is critical to the Sho 's customers. Lakeshore typically begins work on a customer's truck within hours and completes almost all repairs and maintenance on the same day. Dealer -owned repair facilities average a three to five day wait -time and a one -week turnaround. The only local competitor averages sev ral days to perform even minor repairs. Lakeshore provides short repair times by maintaining c, large parts inventory, keeping extended hours of operation and its ability to acquire necessary parts quickly through its excellent relationships with local and regional suppliers. To meet current demand, the business has expanded operating hours to 7 a.m. to 6 p.m. six days a week. A ditionally, mechanics regularly stay past closing hours and work on Sundays to better serve time -sensitive customers. The trucking industry in the United States is comprised of over 360,OC 0 companies, 96% of which operate less than 29 trucks. America's 15.5 million trucks transport o er 68% of total domestic freight tonnage. The economic recovery of the past several years has led to a resurgence in the trucking industry. In 2004 freight volume surpassed the previous recc rd high set in 2000. Small (less than $300 million in annual revenue) truckload carriers reported a year -over -year freight volume increase of 3.6% and a revenue increase of 11.3%. Small le than -truckload carriers experienced 9.9% volume gains and 13.2% gains in revenues. Currently, Lakeshore Mechanics, Inc. is planning an expansion to new, larger facilities. The Shop will own its planned new location on three acres in the new Okeechob 3,e Commerce Center. Lakeshore Mechanic will operate a state-of-the-art diesel semi -truck repair facility capable of performing a full range of repairs and maintenance. Existing competit on in Okeechobee Florida offers limited repair capabilities, lacking modem computer and diagnostic equipment. In addition, throughput time of Lakeshore far exceeds the competition in Okeecho ee as well as dealer repair facilities in surrounding towns. The new facility, planned to open in December 2005 will allow Lakeshore to service up to eight semi -trucks concurrently, add retail space for semi -truck exclusive parts currently unavailable in Okeechobee and provide tire replacement service. Once at the new f 3cility, management intends to add four additional employees consisting of two full-time mechani and assistants. Highlights of Lakeshore Mechanics, Inc. • Service Offering. Lakeshore Mechanics, Inc. surpasses its its customers' most critical needs. Throughput times are far and local competition; almost all repairs can be performed in Lakeshore mechanics routinely travel to their customers' Ioa and perform minor repairs. Further, all of Lakeshore's mech speakers, as is a large portion of their customer base. petition in satisfying all of ler than dealer facilities than a day. In addition, to diagnose problems are fluent Spanish H • Lakeshore Mechanics, Inc. • Business Plan Industry Knowledge. The two co -owners and co-founders, Mr. Luis Lagos and Mr. Merlin Lopez have over a combined 30 years of mechanical experience, concentrating on diesel vehicles and semi -trucks. Further, the principals are well known and respected as second - generation mechanics. Both have spent their entire lives in a mechanic shop and working on diesel engines and heavy equipment. In Okeechobee, they have worked diligently to establish extensive relationships with both customers and suppliers. • Aggressive Marketing. Currently, the business utilizes no marketing. Once the new facility is completed and new staff hired and trained, management will begin to aggressively market the business to local and regional trucking companies and owner operators. The principals are seeking $210,000 of debt financing to acquire land and complete construction, purchase equipment and parts inventory, secure fixtures and furnishings, recruit and train staff, and provide a solid financial base to support the business in its profitability objectives. Ultimately, the appeal of this venture lies in the combination of proven management experience and enthusiasm, effective resource planning and administration, and in depth understanding of the market segment, business opportunity, and industry. Lakeshore Mechanic is positioned to become the dominant semi -truck repair facility in Okeechobee and the surrounding area. The Company has the potential to produce excellent returns due to its established customer base, lack of competition, experienced management and customer -centric approach. Objectives Lakeshore has identified the following sets of objectives as key to its success: Business Objectives • Continually deliver reliable and fast repairs and service to all patrons. • Develop a strong customer base of satisfied customers to build referral and recognition within the target market segment. • Effectively differentiate from their competition by positioning the Company as the known leader in repair time, service and quality. • Establish Lakeshore as an important part of the local community by remaining committed to its employees and by supporting and serving local businesses. Financial Objectives • Maintain monthly revenues and profits to successfully meet debt payments immediately upon funding. • Repay the loan obligations related to relocating the business within six years. • Effectively employ cost -containment and control measures to ensure consistent operating income. Marketing Objectives • Offer outstanding service, repair times and repair quality. • Create and maintain an attractive, customer and employee friendly facility. • Promote differentiation through creative and widespread marketing programs. • Lakeshore Mechanics, Inc. • Business Plan Mission Simply stated, it is the purpose of Lakeshore Mechanics, Inc. to provide superior service, quality, repair times, and retail product in an attractive and efficient repair facility. Lakeshore Mechanics' goal is to operate the highest quality repair facility in the Okeechobee area and to be the service provider of choice for local trucking companies and independent owner/operators. Keys to Success • Commitment to Customer Service and Satisfaction. • Ability to Provide a Wide Range of Repair and Maintenance Services. • Provide Customers With the Fastest Turnaround Time of Any Competing Repair Facility. • Efficient Utilization of Human and Financial Capital. • Continual Participation in Programs that Promote Local Business. • Strong Supplier Relationships. Financial Highlights Utilizing financing and investment resources, Lakeshore Mechanics will have adequate funding to acquire targeted land and execute the property improvements essential to its differentiation and marketing strategies, while maintaining sufficient resources to address contingencies. As the marketing and promotions strategies are developed and implemented in line with observed trends and fluctuations in consumer behavior, Lakeshore will achieve top -of -mind positioning among the targeted market segments and drive revenues toward long-term growth and viability of the business. 0 L� Lakeshore Mechanics, Inc. • Business Plan 2.0 Company Summary Lakeshore Mechanics Inc. is a Florida Sub -Chapter S Corporation owned by Mr. Luis Lagos and Mr. Merlin Lopez. The Company's co-founders are ambitious entrepreneurs with the experience and dedication necessary to grow and sustain the business while delivering consistent value to customers, investors, and the community. Company Ownership As operating partners, the founding owners will also support daily operations as managers and mechanics. Combined, they possess the experience, knowledge, and strong network of contacts to achieve the goals and objectives of the business. Investment Summary The company's initial capital requirements total $230,000. The owners will contribute an estimated $20,000 of equity to the business in addition to $210,000 of debt financing. Please refer to the chart below, detailing the distribution of initial funds in support of purchasing the proposed location, preparing the location for a building, acquiring and erecting a steel building, developing exterior and interior improvements. Start-up Requirements Start-up (Expenses Purchase of Property $110,000 Purchase of Steel Building $45,000 Concrete Foundation and Driveways $40,000 Building Construction $5,000 Furniture and Fixtures $2,500 City Required Stone Fencing $10,000 City Required Tree Planting $2,500 Deposits (Fees/Utilities) $1,000 Gardening/Planting $2,000 Grand Opening Marketing $1,000 Expensed Equipment $1,000 Other Expenses/Reserve $10,000 Total Start-up Expenses $230,000 Funding Owner Investment $20,000 Debt Financing $210,000 Total Investment $230,000 7 • Lakeshore Mechanics, Inc. • Business Plan Location Lakeshore Mechanics, Inc. intends to establish a location in the new keechobee Commerce Center. The selected three acre property will present a clear signage advantage, be easily accessible to foot and vehicular traffic. The map in Figure 1 highlights the proposed location for Lakeshore on parcel #3-15-37-35-0020-00000-020004 of the Okeechobee Commerce Center. A 3-15-37-35- 20-ODOOD-0200 CITY OF O►t ECHOBEE 10M 11979 - 3 379 AW - VJ0 NE.12 T14 R1=fT. } ni, # f TH $t RMT STREET Z N E 9 TH t- T 8