Blk 57 City of Okee/Haydon/Alley Lots 8-10 & 18-10LETTER OF UNDERSTANDING
THIS AGREEMENT, BY AND BETWEEN THE CITY OF OKEECHOBEE, FLORIDA,
a Florida municipal corporation (hereinafter "CITY ") and Ellis R. Haydon and Rita A. Koger - Haydon,
his wife (hereinafter "OWNERS "), dated this :16 day of ;14)(Z k L , 1999.
WHEREAS, OWNERS hold fee simple title to the following described real property in
Okeechobee County, Florida, to wit:
Lots 8, 9, 10, 18, 19 and 20, Block 57, OKEECHOBEE, according to the plat
thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County,
Florida; and
WHEREAS, the OWNERS desire to make certain improvements in the form of a fence located
across a 15 feet alley right -of -way which runs between North to South between Lots 8, 9, 10 and 18,
19, 20 of said Block 57, which is owned by the CITY, and
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein,
the parties agree as follows:
1. The CITY hereby grants its approval for use of the alley right -of -way with the
understanding the OWNERS will maintain the alley right -of -way and should it ever
become necessary to remove the fence and /or gates, or any improvement thereon, in
order to allow either the installation, or maintenance of water, sewer, or other utility
lines or any other type of installation or construction, or for any other reason chosen by
the CITY, the fence and /or gates, or any improvement thereon, will be removed by the
OWNERS or their agents and/or assigns at the OWNERS expense within seven days of
receipt of written request by the CITY for such removal. Should the CITY, for valid
reasons, require the removal of the fence and/or gates, or any improvements thereon less
than seven days notice, the OWNERS agree to exercise reasonable efforts to comply
with such requests.
2. OWNERS agree to contact their insurance company and require a rider be added to their
insurance policy with a certificate furnished tot eh CITY showing the 15 feet alley right
of way as herein described to be used by them insures the CITY against any liability
arising out of alleged injuries or other activities which may occur within the 15 feet alley
right of way. In any event, OWNERS agree and shall hold the CITY harmless for any
and all action, suit, claim, injury or cause of action of any nature arising out of this
permissive use, and indemnify CITY for such, including costs and attorney fees.
IN WITNESS WHEREOF, the parties hereto set their hands and seals on the aforesaid date.
Signed, sealed and delivered in presence of:
X`
Witness Ellis R. Haydon
Witness
Accepted for the City:
Director of Public Works
Reviewed for Legal Sufficiency:
John R. Cook, City Attorney
, 1Y
-Rita A. Koger- Haydon
CaukcikA,
Bo nie S. Thomas, CMC, City Clerk
facsimile
TRANSMITTAL
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re: 11(1.0411 use a Alley
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From the desk of...
Bonnie S. Thomas, CMC
City Clerk/Personnel Administrator
City of Okeechobee
55 S.E. 3rd Avenue
Okeechobee, FL 34974
941)763 -3372
Fax: 941)763 -1686
OKEECHOBEE UTILITY AUTHORITY
P.O. Box 835
Okeechobee, Florida 34973 -0835
May 4, 1999
Ms. Lane Gamiotea
City of Okeechobee
55 S.E. 3r'. Avenue
Okeechobee, Fl 34974
(941) 763-9460
FAX: (941) 763 -9036
Re: Block 57, N.E. Alleyway
Dear Ms. Gamiotea:
Per your request, we have checked for water and /or sewer lines in the alley of Block 57.
The OUA has a 2 inch water line in the alley between lots 1 through 4 and lots 11 through 14.
The OUA does not have a water line in the alley between lots 8 through 10 and 18 through 20 of
Block 57.
We do not object to the installation of a fence across the alleyway which would restrict access to
the alley between lots 8, 9, 10 and 18, 19, 20 of Block 57.
Please let me know if you need any additional information.
Sincerely,
Landon C. Fortner, Jr.
Executive Director
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