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Chamber of Commerce Lease Extension 2018/10/16-2023/09/30EXTENSION OF LEASE AGREEMENT THIS EXTENSION OF LEASE AGREEMENT is entered into this 16th day of October, 2018, by and between the CITY OF OKEECHOBEE, FLORIDA, a municipal corporation ("CITY") and the BUSINESS DEVELOPMENT BOARD OF OKEECHOBEE COUNTY, INC. D.B.A. CHAMBER OF COMMERCE OF OKEECHOBEE COUNTY, FLORIDA ("CHAMBER"). WITNESSETH: WHEREAS, the parties previously entered into a Lease Agreement on March 24, 2012, whereby the CITY agreed to lease the premises and structures for the Chamber of Commerce building at 55 South Parrott Avenue, which lease term expired on March 31, 2017; and WHEREAS, said Lease provided for a right of renewal by the CHAMBER upon sixty (60) days notice, which due to oversight did not occur; and WHEREAS, the CITY nevertheless intends to offer an Extension of Lease to the CHAMBER upon the same terms and conditions as in the original Lease. The prior Lease and any extension thereto shall remain in full force and effect except to the extent it would conflict with this Extension of Lease. The terms including the following: 1. THAT this Extension of Lease is hereby extended for an additional term of sixty (60) months commencing October 1, 2018, and expiring on September 30, 2023, unless earlier extended, modified or terminated. 2. THAT all original terms, conditions, covenants, agreements, and rental fees shall remain in full force and effect, and are incorporated herein by reference. 3. THAT for clarification, it is expressly understood that under the terms of the original Lease, which terms also apply in this Extension of Lease, the CITY is responsible for all maintenance and repair of structural components of the building, being the parking lot, roof, soffit and stucco; that the CHAMBER is responsible for maintenance and repair of all other normal maintenance and repairs such as plumbing, heating, electrical, air conditioning, windows, signage, etc. or normal wear and tear. 4. INSURANCE. The CHAMBER shall at its sole expense, obtain and maintain during the term of this Extension of Lease, a policy of insurance for Director and Officers (D&O) in the sum of one million dollars ($1,000,000.00), including coverage for employment practices, which also covers the corporate entity, and aggregate coverage in like amount, which coverage for D&O is set forth in the policy definitions. This policy does not cover premises liability, injury or loss, and the CITY cannot be named as additional insured under this policy. The CHAMBER shall provide current policies of this insurance to the CITY on annual basis. The CHAMBER shall obtain, and maintain during the term of this Extension of Lease at its sole expense, a policy of insurance for premises liability in the sum of one million dollars ($1,000,000.00) which coverage includes any claim, demand or loss for personal injury claims, bodily injury, or death, that may occur on the premises, and name the CITY as additional insured under this policy. The CHAMBER shall provide certificates of coverage to naming the CITY, on an annual basis. This policy and coverage shall be considered primary insurance over and above any other insurance or self-insurance available to the CITY, and that any insurance available to the CITY shall be considered secondary to, or in excess of, the insurance coverage provided by the CHAMBER. IN ADDITION the CHAMBER shall remain solely responsible for any and all claim, action, suit or other demand for death, personal injury, property/casualty loss, environmental claim, or any incidental loss which may occur, or claim to have occurred, on or in the premises, or wherever occurring if arising out of the use of the premises, or arising out of any event, function or use made by the CHAMBER, and shall hold the CITY, its officers and employees or its assigns, harmless therefrom, and Page 1 of 2 indemnify the CITY for such claim(s), including all attorney's fees and costs incurred by the CITY in such action. The CHAMBER recognizes the broad nature of indemnification, and this hold harmless clause, as well as the provision of legal defense for the CITY when necessary, and voluntarily makes this consent, and expressly acknowledges the receipt of such good and valuable consideration provided by the CITY in support of this indemnification, legal defense, and hold harmless contractual obligation, in accordance with the laws of the State of Florida. THAT by virtue of this Extension of Lease and agreements herein, it shall not be implied or construed, and the CITY expressly does not, waive any right, protection or privileges inuring to the CITY under Florida Statutes Chapter 768, or constitutional immunity, as now in effect or hereafter amended. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day and year first above written. AS TO THE CITY: ATT ST: owling R. Watford, A.-,I/Mayor' .,v ayor' G Date: �S ADIq Lane Gamiotea, OUC, City Clerk REVIEWED FOR LEGAL SU ICIENCY: John R. Cook, City Attorney AS TO THE CHAMBER: WITNESSES: ; J-eO ith h Trent, President PPR -01 Witness Signature Terry B ughs, Vice r (dent Printed Name: ar �� r C� Address: i2 3 STATE OF FLORIDA �7 COUNTY OF OKEECHOBEE The t9regoin wI'as executed before me this $Aay of 2019, by Tabitha Trent Pr6sident and Terry Burrou hs Vice President, who are personally known to me or produced Witness Signature _ asr id tifica i . � Printed Name. 1,. 151 c Address: —NOTARY PUBLIC, State of Florida Stamp/Seal: Page 2 of 2 �- MARIAN PARRIOTT NOTARY COMMISSION # GG21877 U LIC EXPIRES August 16, 2020 STATE OF FLORIDA BONDED THROUGH RLI INSURANCE COMPANY Page 2 of 2 OKiig of 0*,00chob�zo, FloridaIf Office of the City Clerk July 25, 2019 Ms. Paulette Wise, Executive Director Chamber of Commerce of Okeechobee County 55 South Parrott Avenue Okeechobee, Florida 34974 RE: Extension of Lease Agreement Dear Ms. Wise: The Council approved the Chamber's request to change the insurance requirement in the Lease Agreement at the July 16, 2019, meeting. Enclosed, please find two original Extension of Lease Agreements executed by City Officials. Kindly, return one original, after appropriate execution, to the Office of the City Clerk, 55 Southeast 3rd Avenue, Okeechobee, FL 34974. As soon as the July 16, 2019, minutes are approved, a copy will be forwarded for your records. Should you require any additional information, please contact my office at lgamiotea@cityofokeechobee.com or (863) 763-3372 ext. 9814. With best regards, I am Sincerely, Lane Gamiotea, CMC City Clerk Enclosures (2) LG/bj E -copy w/o enclosures: City Administrator Montes De Oca City Attorney Cook City filall • 55 S.C. Third � vencie, 1Doorn 100 - Okeechobee, Florida ."x,4.9714-2905 ® 863.76.3-3,5729 eXt. 9814 0 fc)X: 865.765.1686 0 WWW.cityofokeechobee.c om JULY 16, 2019 - REGULAR MEETING - PAGE 13 OF 17 531 AGENDA COUNCIL ACTION -DISCUSSION -VOTE i IX. NEW BUSINESS CONTINUED L. Consider a request by the Chamber of Commerce of Okeechobee At the October 16, 2018, regular meeting the Council approved an Extension of Lease Agreement with the Chamber County for a modification to the Extension of Lease Agreement - Administrator. of Commerce of Okeechobee County. After reviewing the Extension, the Chamber requested the Council omit the Errors and Omissions (E&0) insurance requirement. The Council reviewed and denied the request at the April 16, 2019, regular meeting. Administrator MontesDeOca explained Mr. Terry Burroughs of the Chamber of Commerce contacted PRM regarding the use of Directors and Officers (D&0) insurance in lieu of E&O insurance. PRM confirmed that D&O insurance would be sufficient. Mayor Watford explained a meeting was held earlier in the day with him, the Administrator, Attorney Cook, and Mr. Burroughs to discuss the insurance issue, as Mr. Burroughs was not able to attend tonight's meeting. The Chamber does have D&O insurance and the City is listed as an additional insured on their liability insurance policy. Attorney Cook recommended the City accept the change. Council Member Clark moved to amend the Chamber of Commerce Lease Extension Agreement by replacing the required E&O Insurance with D&O Insurance; seconded by Council Member Keefe. VOTE: WATFORD - YEA ABNEY - YEA CLARK- YEA JARRIEL - YEA KEEFE- YEA MOTION CARRIED. M. Motion to approve the maximum millage rate for advertisement for Council Member Clark moved to approve the maximum millage rate for advertisement for 2019 Tax Notices, 8.9932 2019 Tax Notices, 8.9932 for budget year 2019-20 - Finance Director for budget year 2019-20; seconded by Council Member Jarriel for discussion. (Exhibit 15). On behalf of the City Administrator, the Staff recommendation to advertise the millage rate at the maximum allowed was presented by Finance Director Riedel. Using the State required ''Truth in Millage" (TRIM) process, the rate is calculated by the roll-backtroll-forward rate, plus one mill. The current FY millage is 7.9932. The City Council will adopt the actual millage rate via an ordinance during the two required Public Hearings in September. The final rate is anticipated to be lower than the advertised rate. Mayor Watford elaborated, because of the TRIM process, which seems backwards, the typical procedure is to approve the advertisement at the maximum rate. Then, once the Council has the proposed budget amounts, the actual rate adopted is lower than the advertised rate. Council Member Jarriel voiced his concerns with advertising the millage at 8.9932; as the City will most likely see an increase in property values, and he would prefer it be reduced and advertised at 7.0. When taxpayers receive their notices from the County Property Appraiser's Office, it is very confusing to understand that the proposed rate listed is not the actual rate. VOTE: WATFORD - YEA ABNEY - YEA CLARK- NO JARRIEL- NO KEEFE- NO MOTION FAILED. E' COPY �II 9wd -dram- at 060(Z 1/160 0 e- be ' brvi�" p Robin; Bobbi : if you have the chamber lease saved, can you make the following changes to it: INSURANCE. CHAMBER shall, at its sole expense, obtain, and maintain during the term of this lease, a policy of insurance for Director and Officers in the sum of one million dollars ($1,000,000.00), including coverage for employment practices, and aggregate coverage in like amount, which coverage for D&O is set forth in the policy definitions. This policy does not cover premises liability, injury or loss, and CITY cannot be named as additional insured under this policy. CHAMBER shall provide current policies of this insurance to CITY on an annual basis. CHAMBER shall obtain, and maintain, during the term of this lease, at its sole expense, a policy of insurance for premises liability in the sum of one million dollars ($1,000,000.00) which coverage includes any claim, demand or loss for personal injury claims, bodily injury, or death, that may occur on the premises, and name the CITY as additional insured under this policy. CHAMBER shall provide certificates of coverage so naming the CITY on an annual basis. This policy and coverage shall be considered primary insurance over and above any other insurance or self-insurance available to CITY, and that any insurance available to CITY shall be considered secondary to, or in excess of, the insurance coverage provided by CHAMBER. IN ADDITION, CHAMBER shall remain solely responsible for any and all claim, action, suit or other demand for death, personal injury, property/casualty loss, environmental claim, or any incidental loss which may occur, or claim to have occurred, on or in the premises, or wherever occuring if arising out of the use of the premises, or arising out of any event, function or use made by CHAMBER, and shall hold the CITY, its officers and employees or its assigns harmless therefrom, and indemnify CITY for such claim(s), including all attorney's fees and costs incurred by CITY in such action. CHAMBER recognizes the broad nature of indemnification, and this hold harmless clause, as well as the provision of legal defense for CITY when necessary, and voluntarily makes this consent, and expressly acknowledges the receipt of such good and valuable consideration provided by CITY in support of this indemnification, legal defense, and hold harmless contractual obligation in accordance with the laws of the State of Florida. That by virtue of this lease and agreements herein, it shall not be implied or construed, and CITY does not, waive any rights or privileges inuring to CITY under Fl. Statutes 768, or any constitutional immunity. 6 U�: E41 LQ Lane Gamiotea FILE CO GFZ From: Robin Brock Sent: Monday, May 20, 2019 10:31 AM To: 'John Cook'; Mayor Dowling R. Watford, Jr.; India Riedel; Lane Gamiotea Cc: Bobbie Jenkins Subject: FW: comments from Robbie regarding E&O requirements from PRM For your information, see the email below from Commissioner Burroughs to Marcos regarding the Chamber agreement E & O requirements. Executive Assistant City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 (863)763-3372 (863)763-9812 (direct) FAX: (863)763-1686 Email: rbrockacityofokeechobee.com Website: http://www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. From: Terry Burroughs[mailto:tburroughs(atco.okeechobee.fl.us] Sent: Friday, May 17, 2019 12:03 PM To: Marcos Montes De Oca; Robin Brock Cc: ttrentCcbcenterstatebank.com Subject: FW: comments from Robbie regarding E&O requirements from PRM Marcos, Please send email from Robbie regarding PRM and E&O insurance requirements Thank You Terry Burroughs Okeechobee County Commission District 4 Leadership is a potent combination of strategy and character. But if you must be without one, be without the strategy. Public Records Notice: Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request do not send electronic mail to this entity. Instead, contact the Okeechobee County Administrator's office by phone or in writing. Written communications (regardless of format) to or from the Okeechobee County Administrator or other state and local officials regarding state or local business are public records available to the public and media upon request, unless exempt from disclosure under one of the limited exceptions in the Florida Statutes �,)a Replies Filtered. Any incoming reply to this communication will be electronically filtered for "spam"and/or "viruses," which may result in your reply being quarantined and potentially delayed or not received at all. For that reason, we cannot guarantee that we will receive your reply or receive it in a timely manner. Accordingly, if you send communications to us which are particularly important or time -sensitive, you may want to follow up with us to ensure receipt. From: Terry Burroughs <terry@okeechobeebusiness.com> Sent: Friday, May 17, 2019 11:56 AM To: Terry Burroughs<tburroughs@co.okeechobee.fl.us> Subject: 11:54 a I saw your email on water policy letter but I have not seen a new draft Broker: perhaps --I am double checking Ok No F&O... I think the City needs to talk to Tia at PRM and get their response. I told Tia what the broker was saying. Tia confirmed with PRM attorneys. They agree with me that E&O is not necessary. It does not make sense to me. Sent from my Whone 2 o �, spa O ch0190 10 � ,9 ��� May 9, 2019 Ms. Paulette Wise, Executive Director Chamber of Commerce of Okeechobee County 55 South Parrott Avenue Okeechobee, Florida 34974 RE: Extension of Lease Agreement Dear Ms. Wise: C ham bu-- Liu Exp FILE CO Office of the Citg Clerk The Council considered the Chamber's request to omit the Errors and Omissions Insurance requirement from the Lease Agreement at the April 16, 2019, and May 7, 2019, meetings. Unfortunately after conferring with our insurance representatives, who recommended the requirement remain, the City Council did not approve your request. I am returning the three original documents you provided for execution. The matter of the Lease Agreement Extension between the City and the Chamber, approved and executed by City Officials on October 16, 2018, is still pending. Kindly, return one original, after appropriate execution, to my office. The approved April 16, 2019, minutes are enclosed for your records. The May 7, 2019, minutes will be provided upon approval. Should you require any additional information, please contact my office at Igamiotea@cityofokeechobee.com or (863) 763-3372 ext. 9814. With best regards, I am Sincerely, Lane Gamiot a, CMC City Clerk Enclosures (7) LG/bj E -copy w/o enclosures: City Attorney Cook Administrator Montes De Oca Oitg •Miall • 55 S.O. Third q%muv-, Room Too e Okeechobee, Florida 34,974-2903 • 863.763-3372 at. 9814- o faX: 863.763.1686 • www.citgofokeechobee.com we MAY 7.2019 - RFGIII AR MFFTWG - PAGE 4 OF 13 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VI. MINUTES CONTINUED A. Motion to dispense with the reading and approve the Summary of Council VOTE: Action for the April 16, 2019, Regular meeting ontinued. WATFORD—YEA ABr:.Y—YEA CLARK—YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. VII. UNFINISHED BUSINESS A. Consider a motion to amend the Extension of Lease ;agreement with the At the April 16, 2019, meeting the Council deferred action on approving an amended Extension of Lease Agreement Chamber of Commerce of Okeechobee County to include elimination of with the Chamber to give Staff time to research several questions on insurance requirements. The City's insurance the requirement of Errors and Omissions coverage by the Chamber - City firm, Public Risk Management, was contacted to obtain their recommendation as to the Chamber being required to Attorney, continue carrying Errors and Omissions (E&0) insurance; their answer was yes. The Administrator explained he has been in contact with representatives of the Chamber, and a quote has been obtained. Council Member Keefe asked for clarification when the E&O insurance requirement was implemented. Administrator MontesDeOca verified it was in the original Lease Agreement (adopted and executed March 24, 2012), Mayor Watford opened the floor for public comments; there was none. He then called for a motion three times to amend the Extension of Lease Agreement with the Chamber of Commerce of Okeechobee County to include elimination of the requirement of E&O coverage by the Chamber; no motion was offered. The Extension of the Lease Agreement as approved on October 16, 2018, stands, and will be resent for execution by Chamber officials. VIII. NEW BUSINESS A.1.a) Motion to read proposed Ordinance No. 1183 by title only, and set a Council Member Keefe moved to read proposed Ordinance No. 1183 by title only, and set a Final Public Hearing Final Public Hearing date for May 21, 2019, regarding Rezoning date for May 21, 2019, regarding Rezoning Petition No. 19-002-R, submitted by Anita's Rental Properties, Inc., to Petition No. 19-002-R, submitted by Anita's Rental Properties, Inc., to reclassify Lots 7 through 12 of Block 116, OKEECHOBEE, together with 0.46+1- unplatted acres, located at 701 reclassify Lots 7 through 12 of Block 116, OKEECHOBEE, together I Northeast 3rd Street, from Light Commercial (CLT) to Heavy Commercial (CHV); seconded by Council Member with 0.46+1- unplatted acres, located at 701 Northeast 3rd Street, from Jarriel. [A portion of this motion was rescinded; see item A.2,c)] Light Commercial to Heavy Commercial - City Planning Consultant (Exhibit 1). b) Vote on motion to read proposed Ordinance No. 1183 by title only and VOTE: set Final Public Hearing date. WATFORD—YEA ABNEY—YEA CLARK—YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1183 by title only. Attorney Cook read proposed Ordinance No. 1183 by title only as follows: 'AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN. FROM LIGHT COMMERCIAL TO HEAVY COMMERCIAL ZONING DISTRICT (PETITION NO. 19-002-R); AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDED FOR AN EFFECTIVE DATE." Bobbie Jenkins ((TOMBIR /„ fl � From: Lane Gamiotea G o- [;,16 Sent: Thursday, April 18, 2019 2:56 PM To: Bobbie Jenkins Subject: FW: Chamber lease, sublease & insurance ILE COPYviz BJ, see below, ck off on the TDL that MDO made contact w/ TB. Pint this email & put with both the Lease & Sub Lease files. Thanks, LG From: Marcos Montes De Oca Sent: Thursday, April 18, 2019 2:46 PM To: Lane Gamiotea Subject: RE: Chamber lease, sublease & insurance Lane, I have not spoken with Paulette but did speak to Terry B. and he is aware of the current actions. I understand the concerns from council and attorney. Marcos Marcos Montes De Oca, P.E. City Administrator City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 (863) 763-3372 ext. 9812 Cell: (863) 801-0177 fax: (863) 763-1686 E -Mail: marcos@citvofokeechobee.com "NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing." From: Lane Gamiotea Sent: Wednesday, April 17, 2019 10:14 AM To: Marcos Montes De Oca Cc: Robin Brock; Bobbie Jenkins Subject: Chamber lease, sublease & insurance 1 Marcos, I had on my to do list from the meeting to notify Paulette the council approval of the sublease w/Pigman and that the minutes would be forwarded once they were approved (after May 7). Did you want to notify her or did you want me to send this info as an email to her? Then, on the actual lease w/ the Chamber, were you going to let her know they deferred it to May 7? Just so you know, we have not ever received a copy of any of the certificates of insurance from the chamber to go in the lease agreement file. I researched why we didn't as we get them for all other contracts/agreements; it looks like these have always been housed in Admin/Finance offices, I'm assumi-gig because of the wording that the City pays for the 1 type of insurance & the Chamber is supposed to be reimbursing us for 50% the costs. But, even the expired agreement with the previous chamber certificate weren't provided to us, and there's not any notes in these files. After we get the new contract finally approved I'll follow up and get the copies of all the certificates needed and just go from that point forward with obtaining copies each year (not going to try to play catch up on these). If we can be of any help with providing/researching any records on this let us know. Thanks! Lane Earnest-Gamiotea, CMC City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3rd Avenue, Okeechobee, FL 34974 Office: 863.763.3372 x9814 Fax: 863.763.1686 Cell: 863.697.0345 PUBLIC RECORDS NOTICE: Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Florida Statute 668.6076 CITY OF OKEECHOBEE E-MAIL DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. 2 :APRIL 16. 2019 - REGULAR MEETING - PAGE 7 OF 11 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. UNFINISHED BUSINESS CONTINUED B. Motion to appoint an Alternate to the Planning Board, Board of Council Member Clark moved.to appoint Mr. James Shaw as an Alternate to the Planning Board, Board of Adjustment, and Design Review Board, term being May.. 2019, to April 30, 2021; seconded by Council Adjustment, and Design Review Board, term being 1`4ay 1, 2019, to Member Jarriel. April 30, 2021 continued. VOTE: WATFORD - YEA ABNEY - YEA CLARK- YEA JARRIEL - YEA KEEFE - YEA MOTION CARRIED. X. NEW BUSINESS A. Consider a motion to amend the Extension of Lease Agreement with On October 16, 2018, the Council approved an Extension of the March 24, 2012, Lease Agreement with the the Chamber of Commerce of Okeechobee County to include following additions: 1. That this Lease is hereby extended for an additional term of 60 -months commencing on elimination of the requirement of Errors and Omissions coverage by October 1, 2018, and expiring on September 30, 2023, unless earlier extended, modified or terminated; 2. That all the Chamber - City Attorney (Exhibit 4). original terms, conditions, covenants, agreements, and rental fees shall remain in full force and effect, and are incorporated herein by reference; and 3. That for clarification, it is expressly understood that the terms of the original Lease, which terms also apply in this extension, the City is responsible for all maintenance and repair of structural components of the building, being the parking lot, roof, soffit, and stucco; that Chamber is responsible for maintenance and repair of all other normal maintenance and repairs such as plumbing, heating, electrical, air conditioning, windows, signage, etc, or normal wear and tear." This Agreement was executed by the City but not by the Chamber representatives. Instead the Chamber returned an executed Agreement amending item "2" (listed above), by adding at the end, "Except the Lease requirement for Errors and Omissions (E&0) Insurance is deleted" Included in Exhibit 4 was a letter from Attorney Cook to Chamber Executive Director Paulette Wise explaining the added language was not approved by the City Council, and would need to be placed on a meeting agenda to determine whether the Council would approve the change. Council Member Keefe noted for the record he is the Secretary for the Chamber and questioned whether this was a conflict of interest requiring him to abstain from voting on this matter. Attorney Cook confirmed there was not a conflict of interest as there would have to be a direct or indirect personal gain. Council Member Jarriel moved to discuss (the consideration to amend the Extension of Lease Agreement with the Chamber of Commerce of Okeechobee County to include elimination of the requirement of Errors and Omissions coverage by the Chamber); seconded by Council Member Clark. VOTE: WATFORD — YEA ABNEY —YEA CLARK — YEA JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Council Member Jarriel questioned the reasoning behind the Chamber's request to omit the E&O Insurance requirement. Council Member Keefe explained it was a budgeting issue for the Chamber. Council Member Abney questioned the liability the City would incur by allowing the Chamber to not provide this type of insurance. N APRIL 16, 2019 - REGULAR MEETING - PAGE 8 OF 11 479 V AGENDA V COUNCIL ACTION - DISCUSSION - VOTE II X. NEW BUSINESS CONTINUED A. Consider a motion to amend the Extension of Lease Agreement with the Chamber. of Commerce of Okeechobee County to include elimination of the requirement of Errors and Omissions coverage by the Chamber continued. B. Motion to approve a Sub -Lease Agreement between the Chamber of Commerce of Okeechobee County and State Representative Cary Pigman - City Attorney (Exhibit 5). C. Consider a Temporary Street Closing Application submitted by First Baptist Church of Okeechobee for a Children's Ministry Easter Egg Hunt on April 20, 2019, from 8:00 A.M. to Noon, closing Southwest 4th Street between Southwest 5th and 6th Avenues - City Administrator (Exhibit 6). Discuss preparation of a Strategic Plan and Mission Statement - City Administrator. Discussion then lead to the requirement for the Chamber to provide or reirnburse the City for liability insurance, hold the City harmless, and what certificates of insurance were on file listing the City as an additional insured. The consensus of the Council was to defer this item as unfinished business for the May 7, 2019, meeting to give Staff time to contact the City insurance provider, Public Risk Management, for their recommendation on whether or not this type of insurance should be included in the Lease Agreement, as well as research the questions regarding certificates of insurance and reimbursement of insurance paid by the City. Council Member Jarriel moved to approve a Sub -Lease Agreement between the Chamber of Commerce of Okeechobee County and Dr. Cary Pigman, Florida House of Representative District 55 [for office space at 55 South Parrott Avenue, Park "R" of FLAGLER PARKS, Plat Book 1, Page 10, Okeechobee County Public Records]; seconded by Council Member Keefe. Exhibit 5 contained a copy of the Sub -Lease Agreement executed by the Chamber and Dr. Pigman. Due to the direction of the previous item, Attorney Cook confirmed action could be taken on this item since the City technically has a month-to-month Lease with the Chamber. VOTE: WATFORD - YEA ABNEY - YEA CLARK -YEA JARRIEL - YEA KEEFE - YEA MOTION CARRIED. Council Member Clark moved to approve a Temporary Street Closing Application submitted by First Baptist Church of Okeechobee for a Children's Ministry Easter Egg Hunt on Saturday, April 20, 2019, from 8:00 A.M. to Noon, closing a portion of Southwest 4th Street between Southwest 5th and 6th Avenues; seconded by Council Member Abney. There was a brief discussion on this item. VOTE: WATFORD - YEA ABNEY - YEA CLARK- YEA JARRIEL - YEA KEEFE - YEA MOTION CARRIED. Administrator MontesDeOca explained the matter of creating a City Strategic Plan and adopting a Mission Statement was discussed at the April 2, 2019, meeting. He has placed these items on the agenda for Council to offer direction on how to proceed. Council Member Keefe providee an example of how the structure of the County's Strategic Plan is working, adding he believed having a Plan would give 5'aff clear goals, direction, and perimeters over a period of years, which will ultimately lead to a more efficiently run City and give Staff a sense of accomplishment. Administrator MontesDeOca explained he has met with a few Department Heads and Supervisors requesting that in the Fiscal Year 2019-20 budget, they should submit more than capital improvement items for one year; it needs to consist of multiple goals for several years. of-0KPFC' city of'Op-or-leho, Ph-) March 12, 2019 Business Development Board of Okeechobee County, Inc. d.b.a. Chamber of Commerce of Okeechobee County, Florida 55 South Parrott Avenue Okeechobee, Florida 34974 SUBJECT: Chamber of Commerce Lease Extension Dear Ms. Wise: Chamber lia. ,L File C"tz;r,,�, Officeof the City 'attorney We are examining the Extension of Lease Agreement between the City and the Chamber, and note that a provision was added that eliminated the requirement of E&O coverage by the Chamber. That language was not approved originally by the City Council, so the matter will have to be placed on the April 2, 2019 Meeting agenda to determine if they will approve that change. Also, we see that the Chamber Sub -Lease to Representative Pigman expired on November 30, 2014, so if you would prepare a Lease Extension for him and forward it to the City, we will place that on the April 2, 2019 Meeting agenda as well for City approval of the Sub -Lease. Lastly, the Sub -Lease to Okeechobee Mainstreet is a renewable month to month Lease, and requires no further action at this time. Sincerely, John R. Cook, P.A. City Attorney City ' roll - 55,.5.C-. Third Nvv_nmz, `_Room 103 - Okv_eehobee, '['loridn 549M 2903 863.63*-16*8 e "FnX: 803.763.1686 o WWW.citgofolZeechobee.eom V 1. O F 0 � ti0 L10 a� m 1915- _- cit ® Okeechobee October 17, 2018 Ms. Paulette Wise Chamber of Commerce of Okeechobee County 55 South Parrott Avenue Okeechobee, Florida 34974 RE: Extension of Lease Agreement Dear Ms. Wise: Office of the City Clerk Enclosed, please find two original copies of the Lease Agreement Extension between the City of Okeechobee and the Chamber of Commerce, executed by City Officials. Kindly, return one original, after appropriate execution, to the Office of the City Clerk, 55 SE 3rd Avenue, Okeechobee, FL 34974. As soon as the October 16, 2018, minutes are approved, a copy will be forwarded for your records. Should you require any additional information, please contact my office at Igamiotea@cityofokeechobee.com or (863) 763-3372 ext. 9814. With best regards, I am Sincerely, Lane Gamiote , CMC City Clerk Enclosures (2) LG/bj E -copy without enclosure: City Administrator Montes De Oca City Attorney Cook 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 twhll l Ll" Er )% EXTENSION OF LEASE AGREEMENT THIS EXTENSION OF LEASE AGREEMENT is entered into this 16th day of October, 2018, by and between the CITY OF OKEECHOBEE, FLORIDA, a municipal corporation ("CITY") and the BUSINESS DEVELOPMENT BOARD OF OKEECHOBEE COUNTY, INC. D.B.A. CHAMBER OF COMMERCE OF OKEECHOBEE COUNTY, FLORIDA ("CHAMBER"). WITNESSETH WHEREAS, the parties previously entered into a Lease Agreement on March 24, 2012, whereby the CITY agreed to lease the premises and structures for the Chamber of Commerce building at 55 South Parrott Avenue, which lease term expired on March 31, 2017; and WHEREAS, said Lease provided for a right of renewal by the CHAMBER upon sixty days notice, which due to oversight did not occur; and WHEREAS, the CITY nevertheless intends to offer an extension of the Lease to the CHAMBER upon the same terms and conditions as in the original Lease, including the following: 1. THAT this Lease is hereby extended for an additional term of 60 months commencing October 1, 2018, and expiring on September 30, 2023, unless earlier extended, modified or terminated. THAT all original terms, conditions, covenants, agreements, and rental fees shall remain in full force and effect, and are incorporated herein by reference. 3. THAT for clarification, it is expressly understood that under the terms of the original Lease, which terms also apply in this extension, the CITY is responsible for all maintenance and repair of structural components of the building, being the parking lot, roof, soffit and stucco; that CHAMBER is responsible for maintenance and repair of all other normal maintenance and repairs such as plumbing, heating, electrical, air conditioning, windows, signage, etc. or normal wear and tear. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day and year first :akiove written. AS TO. THE CITY: ATTEST: Laiiq,Gahiotba, CMC, City Clerk REVIEWED FOR LEGAIf SUFFICIENCY: John R. Cook, City Attorney AS TO THE CHAMBER: WITNESSES: Witness Signature Printed Name:_ Address: Witness Signature Printed Name: Address: _11�4�1 Dowling R. Watford, Jr., `Mayor` — o . -A .r I! ' � Tabitha Trent, President Terry Burroughs, Vice President STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing was executed before me this day of , 2018, by Tabitha Trent. President and Terry Burroughs. Vice President, who are _ personally known to me or produced as identification. Stamp/Seal: Page 1 of 1 NOTARY PUBLIC, State of Florida CG�ci�IL 1�c>�t. �F��vaio� Extension of Lease Agreement tir�c- RsI - THIS EXTENSION OF LEASE AGREEMENT is entered as of this 16`h day of October. 2018 by and between the CITY OF OKEECHOBEE, FLORIDA, a municipal corporation ("CITY") and the BUSINESS DEVELOPMENT BOARD OF OKEECHOBEE COUNTY, INC. D.B.A. CHAMBER OF COMMERCE OF OKEECHOBEE COUNTY, FLORIDA ("CHAMBER"). WITNESSTH WHEREAS, the parties previously entered into a Lease Agreement on March 24, 2012, whereby the CITY agreed to lease the premises and structures for the Chamber of Commerce building at 55 5 Parrott Avenue, which lease term expired on March 31, 2017; and WHEREAS, said Lease provided for a right of renewal by the CHAMBER upon sixty days' notice, which due to an oversight did not occur; and WHEREAS, the CITY nevertheless intends to offer an extension of the Lease to the CHAMBER upon the same terms and conditions as in the original Lease, including the following: 1. THAT this Lease is hereby extended for an additional term of 60 months commencing October 1, 2018, and expiring on September 30, 2023, unless earlier extended, modified or terminated. 2. THAT all original terms, conditions, covenants, agreements, and rental fees shall remain in full force and effect, and are incorporated herein by reference. Except the Lease requirement for E & O Insurance is deleted. 3. THAT for clarification, it is expressly understood that under the terms of the original Lease, which terms also apply in this extension, the CITY is responsible for all maintenance and repair of structural components of the building, being the parking lot, roof, soffit and stucco; that CHAMBER is responsible for maintenance and repair of all other normal maintenance and repairs such as plumbing, heating, electrical, air conditioning, windows, signage, etc, or normal wear and tear. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day and year first above written. AS TO THE CITY: ATTEST: Lane Gamiotea, CMC, City Clerk AS TO THE CHAMBER WITNESSES: Witness Signature 1' a `A v Witness Signature Dowling R. Watford, Jr., Mayor Tabitha Trent, President T Burrough Vic resident STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing was executed before me this �� day of 2018, by Tabitha Trent, President and Terry Burroughs, Vice President, who are X Personally known to me or produced as identification. n -P6A) ��61 NOTARY PUBLIC, State of Florida MARIAH PARRIOTT NOTARY COMMISSION p GG21877 sT�iioF EXPIRES August 16, 2020 FLORIDA SONOEDTHROUGH RU INSURANCE COMPANY 0 IL a 0 r-ejU\4 z m+wW `-Z;- ct-& t@* l 0011 p�e(r(�L�au- j G6 `S,.OF•ONFFCM F le Wt�'I OST Exhibit 4 9 Ofy Of 01kf_7,0Ch0bP_(_,- "1�L9 April 16, 2019 Offiep of the Cilg •11ttorneg March 12, 2019 Business Development Board of Okeechobee County, Inc. d.b.a. Chamber of Commerce of Okeechobee County, Florida 55 South Parrott Avenue Okeechobee, Florida 34974 SUBJECT: Chamber of Commerce Lease Extension Dear Ms. Wise: We are examining the Extension of Lease Agreement between the City and the Chamber, and note that a provision was added that eliminated the requirement of E&O coverage by the Chamber. That language was not approved originally by the City Council, so the matter will have to be placpee Deferred d to Apri2G!9 Meeting agenda to determine if they will approve that change. Also, we see that the Chamber Sub -Lease to Representative Pigman expired on November 30, 2014, so if you would prepare a Lease Extension for him and forward it to the City, we will l8acte that on the A - 2M Meeting agenda as well for City approval of the Sub -Lease. e erred to April 16, 2019 Lastly, the Sub -Lease to Okeechobee Mainstreet is a renewable month to month Lease, and requires no further action at this time. Sincerely, John R. Cook, P.A. City Attorney Qtg -Nall 0 55 &e. Third 19vonuo, Room 103 ^ ORP-¢ehoboo, Florida 34.974-2903 863.634•-164.6 ^ fnX: 86.3.763.1686 ^ www.cRgofol:V_eehobV:V.eom OCTOBER 16, 2018 - REGULAR MEETING - PAGE 8 OF 9 391 I AGENDA I COUNCIL ACTION - DISCUSSION -VOTE I IX. NEW BUSINESS CONTINUED H. Motion to award the purchase of a new 2019 Harley Davidson FLHP Motorcycle in the amount of $21,727.24 to Treasure Coast Harley Davidson - Chief Peterson (Exhibit 9). y - I Motion to approve the purchase of a Stalker Mobile Roadside Radar with Trailer, Tow Harness, and Spare Tire in the amount of $24,458.00 - Chief Peterson (Exhibit 10). J. Motion to approve an Extension of Lease Agreement with the Chamber of Commerce of Okeechobee County - City Attorney (Exhibit 11). a,. Council Member Abney moved to award the purchase of a new 2019 Harley Davidson FLHP Motorcycle in the amount of $21,727.24 to Treasure Coast Harley Davidson [of Stuart, Florida]; seconded by Council Member Clark. _, Chief Peterson explained to offset the cost of this purchase he opted to retain an Administration vehicle one additional year. The intention of this purchase is to enhance the services the Department provides without additional burden to the taxpayers. Sheriff Stephen has agreed to allow the motorcycle to be stored at the same facility the All County stores their motorcycles. Major Hagan obtained two additional bids: Bruce Rossmeyer's Harley Davidson of Ormond Beach $22,070.00 (Florida Sheriffs Association State Contract), and Alligator Alley Harley Davidson of Fort Lauderdale $23,143.66. VOTE: WATFORD-YEA ABNEY-YEA CHANDLER -YEA CLARK -YEA RITTER-ABSENT MOTION CARRIED. Motion and second by Council Members Abney and Clark (to waive the formal bidding procedures for a sole source purchase and) approve the purchase of two Stalker Mobile Roadside Radars with Trailer, Tow Harness, and Spare Tire in the amount of $24,458.00 to Applied Concepts, Inc. There was a brief discussion on this item, noting the approval to move forward with this purchase was made at the October 2, 2018, meeting. VOTE: WATFORD - YEA ABNEY - YEA CHANDLER -YEA CLARK -YEA RITTER-ABSENT MOTION CARRIED. Motion and second by Council Members Chandler and Clark to approve an Extension of Lease Agreement with the Chamber of Commerce of Okeechobee County. Attorney Cook explained the current lease with the Chamber of Commerce of Okeechobee County, Florida expired on March 31, 2017. The renewal of the lease upon 60 days notice did not occur due to oversight. The City is offering an extension of 60 months commencing on October 1, 2018, and expiring on September 30, 2023. He added language to the extension detailing the City's maintenance responsibility versus what the Chamber is to maintain. VOTE: WATFORD - YEA ABNEY - YEA CHANDLER -YEA CLARK - YEA RITTER - ABSENT MOTION CARRIED. Exhibit 11� Oct 16, 2018 EXTENSION OF LEASE AGREEMENT THIS EXTENSION OF LEASE AGREEMENT is entered into this 16th day of October, 2018, by and between the CITY OF OKEECHOBEE, FLORIDA, a municipal corporation ("CITY') and the BUSINESS DEVELOPMENT BOARD OF OKEECHOBEE COUNTY, INC. D.B.A. CHAMBER OF COMMERCE OF OKEECHOBEE COUNTY, FLORIDA ("CHAMBER"). WITNESSETH WHEREAS, the parties previously entered into a Lease Agreement on March 24, 2012, whereby the CITY agreed to lease the premises and structures for the Chamber of Commerce building at 55 South Parrott Avenue, which lease term expired on March 31, 2017; and WHEREAS, said Lease provided for a right of renewal by the CHAMBER upon sixty days notice, which due to oversight did not occur; and WHEREAS, the CITY nevertheless intends to offer an extension of the Lease to the CHAMBER upon the same terms and conditions as in the original Lease, including the following: 1. THAT this Lease is hereby extended for an additional term of 60 months commencing October 1, 2018, and expiring on September 30, 2023, unless earlier extended, modified or terminated. THAT all original terms, conditions, covenants, agreements, and rental fees shall remain in full force and effect, and are incorporated herein by reference. 3. THAT for clarification, it is expressly understood that under the terms of the original Lease, which terms also apply in this extension, the CITY is responsible for all maintenance and repair of structural components of the building, being the parking lot, roof, soffit and stucco; that CHAMBER is responsible for maintenance and repair of all other normal maintenance and repairs such as plumbing, heating, electrical, air conditioning, windows, signage, etc. or normal wear and tear. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day and year first above written. AS TO THE CITY: ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney AS TO THE CHAMBER: WITNESSES: Witness Signature Printed Name: Address: Witness Signature Printed Name: Address: Dowling R. Watford, Jr., Mayor Date: Tabitha Trent, President Wayne Cunningham, Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing was executed before me this day of , 2018, by Tabitha Trent. President and Wavne Cunningham,_ Secretary, who are _ personally known to me or produced as identification. Stamp/Seal: Page 1 of 1 NOTARY PUBLIC, State of Florida EXTENSION OF LEASE AGREEMENT THIS EXTENSION OF LEASE AGREEMENT is entered into this 1St day of October, 2023, by and between the CITY OF OKEECHOBEE, FLORIDA, a municipal corporation ("CITY") and the BUSINESS DEVELOPMENT BOARD OF OKEECHOBEE COUNTY, INC. D.B.A. CHAMBER OF COMMERCE OF OKEECHOBEE COUNTY, FLORIDA ("CHAMBER"). WITNESSETH: WHEREAS, the parties previously entered into a Lease Agreement on March 24, 2012, whereby the CITY agreed to lease the premises and structures for the Chamber of Commerce building at 55 South Parrott Avenue, which lease term expired on September 30,2023 -land WHEREAS, said Lease provided for a right of renewal by the CHAMBER upon sixty (60) days notice, which due to oversight did not occur; and WHEREAS, the CITY nevertheless intends to offer an Extension of Lease to the CHAMBER upon the same terms and conditions as in the original Lease. The prior Lease and any extension thereto shall remain in full force and effect except to the extent it would conflict with this Extension of Lease. The terms including the following: 1. THAT this Extension of Lease is hereby extended for an additional term of sixty (60) months commencing October 1, 2023, and expiring on September 30, 2028, unless earlier extended, modified or terminated. 2. THAT all original terms, conditions, covenants, agreements, and rental fees shall remain in full force and effect, and are incorporated herein by reference. 3. THAT for clarification, it is expressly understood that under the terms of the original Lease, which terms also apply in this Extension of Lease, the CITY is responsible for all maintenance and repair of structural components of the building, being the parking lot, roof, soffit and stucco; that the CHAMBER is responsible for maintenance and repair of all other normal maintenance and repairs such as plumbing, heating, electrical, air conditioning, windows, signage, ef:c. or normal wear and tear. 4. INSURANCE. The CHAMBER shall at its sole expense, obtain and maintain during the term of this Extension of Lease, a policy of insurance for Director and Officers (D&O) in the sum of one million dollars ($1,000,000.00), including coverage for employment practices, which also covers the corporate entity, and aggregate coverage in like amount, which coverage for D&O is set forth in the policy definitions. This policy does not cover premises liability, injury or loss, and the CITY cannot be named as additional insured under this policy. The CHAMBER shall provide current policies of this insurance to the CITY on annual basis. Page 1 of 3 The CHAMBER shall obtain, and maintain during the term of this Extension of Lease at its sole expense, a policy of insurance for premises liability in the sum of one million dollars ($1,000,000.00) which coverage includes any claim, demand or loss for personal injury claims, bodily injury, or death, that may occur on the premises, and name the CITY as additional insured under this policy. The CHAMBER shall provide certificates of coverage to naming the CITY, on an annual basis. This policy and coverage shall be considered primary insurance over and above any other insurance or self-insurance available to the CITY, and that any insurance available to the CITY shall be considered secondary to, or in excess of, the insurance coverage provided by the CHAMBER. IN ADDITION the CHAMBER shall remain solely responsible for any and all claim, action, suit or other demand for death, personal injury, property/casualty loss, environmental claim, or any incidental loss which may occur, or claim to have occurred, on or in the premises, or wherever occurring if arising out of the use of the premises, or arising out of any event, function or use made by the CHAMBER, and shall hold the CITY, its officers and employees or its assigns, harmless therefrom, and indemnify the CITY for such claim(s), including all attorney's fees and costs incurred by the CITY in such action. The CHAMBER recognizes the broad nature of indemnification, and this hold harmless clause, as well as the provision of legal defense for the CITY when necessary, and voluntarily makes this consent, and expressly acknowledges the receipt of such good and valuable consideration provided by the CITY in support of this indemnification, legal defense, and hold harmless contractual obligation, in accordance with the laws of the State of Florida. THAT by virtue of this Extension of Lease and agreements herein, it shall not be implied or construed, and the CITY expressly does not, waive any right, protection or privileges inuring to the CITY under Florida Statutes Chapter 768, or constitutional immunity, as now in effect or hereafter amended. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day and year first above written. AS TO THE CITY: ATT ST: Lane Gamiotea-, CMC, City Clerk owling R. Watford, Jr , . ayor Date: iA wC, l� REVIE LEG SUFFICIENCY: John J. Fumero, City Attorney Nason Yeager Gerson Harris & Fumero, P.A. Page 2 of 3 John Fumero, City Attorney AS TO THE CHAMBER: WITNESSES - Witness Signature Printed Name: Address:. L 1 Witne s Signature Printed Nan e:- e - Address: ' 3 ? Tabitha Trent, President Terry 96Woughs, Vic retldent STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing was executed before me this & day of �— 2024, by Tabitha Trent President and r Burroughs, Vice President, who are personally known to me orroduced � s-id�ntifica ' n. NT PUBLIC, State of Florida Stamp/Seal: :TJA ARY PBwfOHHW2260 TE OF AtION EXPIRES DEC. 13, 2024 Page 3 of 3 STATE OF FLORIDA To: Jacqueline Boer From: Heather Prince FILE COPY UU' l �kY 6; ObW rU o, INTER -OFFICE MEMORANDUM Date: January 17, 2024 Subject: Chamber of Commerce Lease Attached is a fully executed agreement to be forwarded to the Chamber of Commerce. One fully executed agreement has been retained for City records. Thank you! II_E cam, 373 '( 0 m ba UaAJ2 V. NEW BUSINESS CONTINUED B. Motion and second by Council Members Chandler and McAuley to approve a [second] extension of a Lease Agreement with the Chamber of Commerce [for the premises and structures located at 55 S Parrott AVE, the West half of Block R of FLAGLER PARK, OKE=ECHOBEE, Plat Book 5, Page 5, Okeechobee County public record] until September 30,2028 [as presented in Exhibit 41. Motion Carried. C. Motion and second by Council Members Chandler and McAuley to award a contract [in the amount of $880,825.96, and not to exceed $905,825.96 to include potential material overages] contingent upon the bidder responding within 45 -days of January 3, 2024, to extend the bid offer beyond the original 90 -days for Bid No. PW 06-10-08-23 Southwest 5th AVE Improvements to Ranger Construction Industries [as presented in Exhibit 51 the City was awarded $334,951.00 from a Florida Department of Transportation (FDOT) Small County Outreach Program Grant No. G1A84 for this project. Motion Carried. VI. CITY ATTORNEY UPDATE • Continuing to work with City Administrator on the hardening grant for City Hall. • Responding to issues regarding the Commerce Center. • Finalized the lease extension for the Chamber of Commerce. • Research for the Firefighters' Pension Fund and Police Officers' Pension Trust Fund merger. • The Memorandum of Understanding with Freedom Baptist: Church to address maintenance and insurance issues related to their use of City property for overflow parking is progressing. VII. CITY ADMINISTRATOR UPDATE • FDOT road resurfacing and curb work will begin this month along North Park Street from Parrott AVE past the City Limits (East 13th AVE), to SE 17th AVE. • Working with the Economic Development Corporation to publish a six to eight -page article featuring the City in Business View Magazine, and an interview with the Mayor. VIII. COUNCIL COMMENTS Council Members Chandler and McAuley advised they will be absent from the next meeting, February 6, 2024. Mayor Watford noted the reason for Council Member Jarriel's absence tonight may be because he was performing his South Florida Fair Board Member duties by attending the Fair in Palm Beach County. IX. ADJOURNMENT There being no further items of discussion, Mayor Watford adjourned the meeting at 6:41 P.M. Submitted By: Cane Gamiotea, CMC, City Clerk 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, s/he may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. JANUARY 16, 2024, CITY COUNCIL REGULAR MEETING, PAGE 2 OF 2 Voil/16 Proposed Ordinance 1085 Please consider all of the provisions of the attached two statutes, as well as the summaries of cases interpreting them, and give consideration to whether the proposed Ordinance 1085 constitutes an amendment to the City's charter. I believe that, arguably, it might, and given that the proposed ordinance places the replacement of a Council member in the hands of four Councilmen, rather than the electorate, that we should proceed very deliberately and cautiously before making this change. 4 In the case of the City -owned Chamber Building, there were negligible acquisition costs, and some of the customary carry costs are not applicable, such as property taxes, and still others may not be material, such as maintenance of the grounds, which is part of Flagler Park. Nevertheless, there are costs associated with the City owning the building, and those costs need to be recovered in some way. There seems to be an understanding that having a viable and effective Chamber of Commerce, has value to the City, given that the building was allowed to be constructed in the park, and given the prior lease for $l, and given the present lease that is contemplated. The question then may be: How can the value of having a viable and effective Chamber of Commerce be quantified, so that it can be compared to the maintenance and operating costs incurred by the City in providing the building? If the City receives a value from the Chamber of Commerce, which exceeds the carry costs of the building, is it necessary for the City to also recover rental payments from the Chamber? If the City receives a value from the Chamber of Commerce, which exceeds the carry costs of the building, is it necessary for the City to also recover other payments and maintenance commitments from the Chamber? Since the City's anticipated carry costs may be difficult to predict, and it can be assumed that fair market rental value will generally exceed carry costs of a given rental building, then FMV can be another benchmark to compare to the value received from the Chamber's services. If the 2500 square feet of office space has a fair market rental value of $15,000 to $25,000 per year, how does the lost rent revenue in giving the lease to the Chamber, compare to the value to the City, of the services provided by the Chamber? If the City were to perform the services to be provided by the Chamber, what would the cost to the City be, in performing such services, and how do those costs compare to the rental value given to the Chamber? Florida Statutes 166.021 (8) b,c and d, provide for a municipality to expend funds for economic development activities, and require a report to be submitted by the entity providing such services. The attached draft of the Lease Agreement incorporates standard commercial lease provisions, treats rent forgiveness as an expenditure of municipal funds for economic development, and incorporates the reporting requirements of F.S. 166.021. Pg ij5 A commercial landlord customarily has a financial interest in maintaining the "shell" of its structure, which includes the exterior walls, exterior doors, windows, and roof, all of which keep the structure watertight. a. If the exterior is not properly maintained and kept watertight, the building will rapidly deteriorate, reducing its value, so the landlord does not want to place decisions on critical structural repairs, such as when and how to make them, in the hands of a tenant. b. If a structural item, such as a roof replacement is not handled carefully, a loss could occur during the replacement, such as exposing an open roof to weather, or loss could occur after, if the work is not performed according to standards. c. The major components of the shell have a life expectancy of 25-30 years, which is usually much longer than the lease term granted to tenants, so the maintenance and replacement of these items is usually unrelated to the tenant's use. d. If a tenant were responsible for replacement of major structural components, its interests would be in getting them done an inexpensively as possible, even if quality needed to be compromised, because the tenants concern over the longevity of the replacement, would not exceed its current lease term. e. A landlord would not be able to find a tenant willing to take on the financial responsibility of structural maintenance, when the timing of replacement, and costs thereof, is unknown to the tenant. The significant cost of roof and structural components cannot be recovered from a single tenant during a 3 to5 year lease term, and the cost of same is usually spread over the life expectancy of the item (ie; 25-30 years). To a lesser degree, the same logic is applied to major mechanical system components, such as air conditioning air handlers and condensing units, which have a life expectancy of 10-15 years. Tenants usually are required to pay for an annual maintenance plan, and when the servicer certifies that a repair cannot be made, or repair is not feasible, the landlord replaces the equipment. Generally, the point where mechanical systems (electrical, plumbing, HVAC) enter the interior of the structure is where the tenant's responsibility begins. As a practical matter, the landlord has access to the exterior of the building without interrupting the tenant's use, to maintain and make long term repairs, and the tenant can maintain the interior of the building, at reasonable cost, and consistent with tenant's use. The landlord, as owner of the building, usually wants to be responsible for maintaining insurance against loss of the structure due to fire and windstorm, because if there is a loss and no insurance, the loss could never be recovered from most tenants. m tntubw MEMORANDUM TO: City Council FROM: Devin Maxwell RE: Chamber Lease; Proposed Ordinance 1085 Dear Council Members, I am unable to attend the March 20 Council meeting, and I have provided the following for consideration regarding the above two items: Chamber The City, as the owner of the building, should approach the maintenance of the building, which is likely worth than $100,000.00, with the same care and practice, as it does to maintain and preserve the value of all its assets. The fact that the building was donated to the City should not be a factor in how it is maintained, and the fact that it is to be leased, should not cause the City to lessen the maintenance practices that it uses for its other structures. The City is the owner of a 2500 square foot office building situated on Flagler Park. The building has value, and is an asset of the City, regardless of whether the City expended funds for the initial capital improvement. At 27 years old, the building could reasonably be expected to be usable for many more years, if properly maintained. It is not uncommon for municipalities to lease building space to private businesses, and many of the cases that address commercial leases arise from leases between municipalities and private businesses. The starting point in determining the terms of the lease of the chamber building, are the commercial standards for the lease of office space between private enterprises. The current commercial leasing practices have evolved based on both economic considerations of the landlord and tenant, as well as practical considerations of what each party can reasonably be expected to do. A commercial landlord generally wants to recover all of the costs incurred in owning its commercial rental property- including acquisition costs, long term maintenance costs over the life of the structures, and annual "carry costs", including maintenance, taxes, insurance, and administrative or operating costs. The recovery of all such costs, is made through a Net Net Net ("triple net") lease. March 18, 2012 Okeechobee News City could approve lease of chamber building By Pete Gawda Okeechobee News After being vacant for many months the chamber of commerce building could soon be filled. On Tuesday night the Okeechobee City Council could give final approval to a •lease agreement with the Chamber of Com- merce of Okeechobee County. The proposed lease is for five years at $1 a month. Prior to occupancy, the building would be inspected for any major repairs. For the first 12 months of the lease, for any repairs over $500, the city and the chamber would split the costs. The chamber would take care of any repairs under $500 the first year and thereafter the chamber would be responsible for all main- tenance and repairs on the building. A representative of Craig A. Smith Gov- ernmental Services is scheduled to present a report on the 2012 legislative session. Turning to other business, the council Livestock Market Report MARCH 12 & 13.2012 MONDAY SALE AT 12:OOPM.... TUESDAY SALE AT 11:00AM COWS: MED #1 SrEEILS I F3 ;IFEILS BREAKING 80.00 - 91.00 150-200 - - - . CUI'YF-R 95.00 - 82.00 200-250 240 -280 215 - 245 CANNER 250-300 215 - 255 200 - 218 300-3S0 210 - 235 180 - 200 350-400 200 - 219 175 - 195 HU111 440-450 190 - 213 165 - 180 1€00.1500 94.00 - 98.00 450-500 180 - 195 156 - 175 15010-2WO 98,00 - 107.00 550-600 165 - 175 145 = 152 • 600-650 150 - 156 NIONDAY TUI<. D N110) #2 CLFS 364 571 150-200 - - cowS 154 26S 200-250 200 -.. 235 185 - 205 STRS 45 28 250-300 200 - 220 175 - 195 HFRS 4 12 300-350 180 -20S 160 - 178 Rt l .4 to 25 350-400 170 - 195 150 - 170 YRI.,NCiS 35 23 400-450 160 - 180 148 - 160. Mix 0 4 T(YrA[. 698 429 Prices eased off a little this week, but none of us are- complaining with cattle breaking records this year. Calves were $1-2 lower on # 1 s and Plainer Calves Were off $34. Slaughter cows & bulls were off about $1. Please get your cattle in by 2 or 3 .p.m.; our numbers are way down this time of the year. 4 L Land & Cattle, Indiantown, topped the calf market with a high of $2.90, bought by Foy Reynolds. Libby Thompson, Okeechobee, topped the cow market with a high of 97.00, bought by Dairymens. If you need some good 2 1/2 year old Angus Bulls, give us a call! - Jeff will hold the first reading and set a final pub- lic hearing date for ordinances dealing with the general employee/OUA, police and fire- fighters pension plans. The council will also hold the first reading and set a final public hearing date for an ordinance which would adopt a policy and procedures for filling va- cancies in office. Also on the agenda is a medical director agreement between the city and Dr. J. Mi- chael Adelberg. The mayor is scheduled to present the Award of Valor to Cody Beasley, Brandon Smith and Travis Mauldin for their heroic action in saving a person from drowning. In addition, the mayor is expected to pres- ent a Five -Year Longevity Service Award to Cesar Romero and a Fifteen -Year Longevity Service Award to Tom Tarner. Post your opinions in the Public Issues Forum at www.newszap.com. Reporter Pete Gawda can be reached at pgawda@newszap.com. 7 If you go ... What: Okeechobee City Council When: 6 p.m., March 20 Where: City Council Chambers, Okeechobee City Council, 55 S.e. Third Ave. Sales: Monday at 12 p.m. Tuesday at 11 a.m. FARM & RANCH OWNERS We can imureyour farm property and pasture liability. "A" rated companies. Call us for a free quote. BERGER INSURANCE SERVICES, INC. 800 S. Parrott Ave. • Okeechobee www.Bergerinsurance.com ►-� (863) 763,6411 r - ) PJ olt5 Page 2 Fla. Stat. § 166.021 approval by referendum of the electors as provided in s. 166.031. Any other limitation of power upon any municipality contained in any municipal charter enacted or adopted prior to July 1, 1973, is hereby nullified and repealed. (5) All existing special acts pertaining exclusively to the power or jurisdiction of a particular municipality except as otherwise provided in subsection (4) shall become an ordinance of that municipality on the effective date of this act, subject to modification or repeal as other ordinances. (6) The governing body of a municipality may require that any person within the municipality demonstrate the ex- istence of some arrangement or contract by which such person will dispose of solid waste in a manner consistent with the ordinances of the county or municipality or state or federal law. For any person who will produce special wastes or biomedical waste, as the same may be defined by state or federal law or county or city ordinance, the municipality may require satisfactory proof of a contract or similar arrangement by which special or biomedical wastes will be collected by a qualified and duly licensed collector and disposed of in accordance with the laws of Florida or the Federal Gov- ernment. (7) Entities that are funded wholly or in part by the municipality, at the discretion of the municipality, may be re- quired by the municipality to conduct a performance audit paid for by the municipality. An entity shall not be consid- ered as funded by the municipality by virtue of the fact that such entity utilizes the municipality to collect taxes, as- sessments, fees, or other revenue. If an independent special district receives municipal funds pursuant to a contract or interlocal agreement for the purposes of funding, in whole or in part, a discrete program of the district, only that pro- gram may be required by the municipality to undergo a performance audit. (8) (a) The Legislature finds and declares that this state faces increasing competition from other states and other countries for the location and retention of private enterprises within its borders. Furthermore, the Legislature fords that there is a need to enhance and expand economic activity in the municipalities of this state by attracting and retaining manufacturing development, business enterprise management, and other activities conducive to economic promotion, in order to provide a stronger, more balanced, and stable economy in the state, to enhance and preserve purchasing power and employment opportunities for the residents of this state, and to improve the welfare and competitive position of the state. The Legislature declares that it is necessary and in the public interest to facilitate the growth and creation of busi- ness enterprises in the municipalities of the state. (b) The governing body of a municipality may upend public fiinds to attract and retain business enterprise 11ze,use of public funds toward the achievement of such economic development goals constitutes a public purpose, The provisions of this chapter which confer powers and duties on the governing body of a municipality, including any pow- ers not specifically prohibited by law which can be exercised by the governing body of a municipality, shall be liberally construed in order to effectively carry out the purposes of this subsection. (c) For the piuposes of this subsection, it consiiiuies a public purpose to expend public funds for economic de- velopment activities, including, but not limited to, developing or iinprovinla local infi-astrocture, issuin- bonds to fi- nance or refinance the cost of capital projects for industrial or manufacturing plants, leasing or conveying real property,: and making al -ants to private enterprises for the expansion of businesses existing in the community or the attraction of new businesses to the community. (d) A contract between the governing body of a municipality or other entity engaged in economic development activities on behalf of the municipality and an economic development agency must require the agency or eiaity receiv=j ing municipal funds to submit a report to the governing body of the municipality detailing how the municipal funds are`" spent and detailing the results of the economic development agency's or entity_'s eftorts,on, behalf o{the municipality. By January 15, 2011, and annually thereafter, the municipality shall file a copy of the report with the Office of Economic and Demographic Research and post a copy of the report on the municipality's website. (e) 1. By January 15, 2011, and annually thereafter, each municipality having annual revenues or expenditures greater than $ 250,000 shall report to the Office of Economic and Demographic Research the economic development incentives in excess of $ 25,000 given to any business during the municipality's previous fiscal year. The Office of Economic and Demographic Research shall compile the information from the municipalities into a report and provide the report to the President of the Senate, the Speaker of the House of Representatives, and the Department of Economic Opportunity. Economic development incentives include: a. Direct financial incentives of monetary assistance provided to a business from the municipality or through an organization authorized by the municipality. Such incentives include, but are not limited to, grants, loans, equity investments, loan insurance and guarantees, and training subsidies. Lex 1 s N eS "' 1 of 1 DOCUMENT pq 40 Page 1 ZeA5 C LexisNexis (R) Florida Annotated Statutes Copyright (c) 2012 by Matthew Bender & Company, Inc. a member of the LexisNexis Group. All rights reserved. *** Statutes and Constitution are current through Act 2011-269 of the 2011 Regular Session. *** *** Annotations are current through February 17, 2012. *** TITLE 12. MUNICIPALITIES (Chs. 165-185) CHAPTER 166. MUNICIPALITIES PART I. GENERAL PROVISIONS GO TO FLORIDA STATUTES ARCHIVE DIRECTORY Fla. Stat. § 166.021 (2012) § 166.021. Powers (1) As provided in s. 2(b), Art. Vlll of the State Constitution, municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render mu- nicipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law. (2) "Municipal purpose" means any activity or power which may be exercised by the state or its political subdivi- sions. (3) The Legislature recognizes that pursuant to the grant of power set forth in s. 2(b), Art. VIII of the State Constitu- tion, the legislative body of each municipality has the power to enact legislation concerning any subject matter upon which the state Legislature may act, except: (a) The subjects of annexation, merger, and exercise of extraterritorial power, which require general or special law pursuant to s. 2(c), Art. Vlll of the State Constitution; (b) Any subject expressly prohibited by the constitution; (c) Any subject expressly preempted to state or county government by the constitution or by general law; and (d) Any subject preempted to a county pursuant to a county charter adopted under the authority of ss. 1(g), 3, and 6(e), Art. VIII of the State Constitution. (4) The provisions of this section shall be so construed as to secure for municipalities the broad exercise of home rule powers granted by the constitution. It is the further intent of the Legislature to extend to municipalities the exercise of powers for municipal governmental, corporate, or proprietary purposes not expressly prohibited by the constitution, general or special law, or county charter and to remove any limitations, judicially imposed or otherwise, on the exercise of home rule powers other than those so expressly prohibited. However, nothing in this act shall be construed to permit any changes in a special law or municipal charter which affect the exercise of extraterritorial powers or which affect an area which includes lands within and without a municipality or any changes in a special law or municipal charter which affect the creation or existence of a municipality, the terms of elected officers and the manner of their election except for the selection of election dates and qualifying periods for candidates and for changes in terms of office necessitated by such changes in election dates, the distribution of powers among elected officers, matters prescribed by the charter relating to appointive boards, any change in the form of government, or any rights of municipal employees, without STATE OF FLORIDA COUNTY OFOKEECHOBEE Before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , and to me personally known or identified to me by the following form of identification: , known to me to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. Witness my hand and official seal in the County and State last aforesaid this day of March 2012. Notary Public 6 Pa TERMINOLOGY. Whenever used herein, the terms "CITY' and "CHAMBER" shall be construed in the singular or plural as the context may require or admit. APPLICABLE LAW. This Lease Agreement is to be construed according to the laws of the State of Florida, venue being Okeechobee County, Florida. CAPTIONS. Captions and headings in this Lease Agreement are for convenience only and shall not be relied upon in construing the meaning of this Lease Agreement or any of its provisions. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. TYPEWRITTEN OR HANDWRITTEN PROVISIONS. Typewritten or handwritten provisions, either as additional terms and conditions or alterations to existing terms and conditions, shall control all printed provisions in conflict with them. TIME OF ESSENCE. Time is of the essence in this agreement. FORBEARANCE NO DEFENSE. It shall not be a defense to termination of this lease that CITY has at one time agreed to forebear any right of CITY hereunder, or had allowed CHAMBER more time to comply with any term of this lease, or to pay rent, or any other courtesy granted to CHAMBER. ENTIRE AGREEMENT. The foregoing constitutes the entire Agreement between the parties and may be modified only by a writing signed by both parties. RECORDING DOCUMENT. This agreement may not be recorded in the public records, Okeechobee Florida. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day and year first above written. Witnesses as to CITY: Witnesses as to CHAMBER: 5 I I'a q e P3 X46 . , DEFAULT IN RENTALS. If CHAMBER shall fail to pay rent when due, or perform any term hereof, after not less than three (3) days written notice of such default given in the manner required by law, the CITY, at his option, may terminate all rights of CHAMBER hereunder, including retaining any advance deposits, unless CHAMBER, within said three days, shall cure such default. NOTICES. Any notice which either party may or is required to give, may be given by mailing the same by certified mail, postage pre -paid, to CHAMBER at the premises or to CITY at the address where the monthly payments of rent are made. DEFAULT. CITY may, at its sole discretion, declare this lease in default for any of the following: a. Failure by CHAMBER to comply with each and every term herein, including but not limited to continually maintaining an active registered nonprofit corporate status with the division of corporations, State of Florida. b. Failure by CHAMBER to pay rent when due as set out above. c. Failure by CHAMBER to maintain all required permits, licenses, insurance, and maintenance at the premises. d. Failure to continually and daily operate as a chamber of commerce, including holding regular membership meetings. e. Failure to keep all taxes, assessments paid up to date with any local, state or Federal agency. f. At any time, upon five (5) days advance notice, in the event CHAMBER has caused or permitted, damage or destruction of the premises. g. Failure of CHAMBER to comply with its states purpose(s) and mandate of the CHAMBER as set out in the PREAMBLE herein. h. Permitting uses on or in the premises by the CHAMBER or other entities, or assigning all or part of the premises, without the specific written approval of the CITY. i. Failure of CHAMBER upon reasonable request to permit the inspection of corporate books and records by CITY as provided herein. SURRENDER OF PREMISES. CHAMBER shall surrender the premises to CITY upon the earliest of the following: a. Upon any default by CHAMBER of any provision of this lease, within thirty (30) days of written notice thereof, subject to its right to cure. any default. b. At the conclusion of the rental period hereunder. CURE OF DEFAULT. That CITY shall, prior to a formal declaration of default of the lease, provide to CHAMBER a period of time to address and cure any claimed default. That CHAMBER shall have a period of sixty (60) days .From date of written notice to cure the claimed default to the satisfaction of the CITY. Such time may be extended in the sole discretion of the CITY. MEDIATION. In the event that the parties are not in agreement as to any claimed default by the CHAMBER in the performance of this lease and its terms, the parties, prior to any litigation, shall sit down and mediate the issues, in an attempt to resolve the dispute. The parties shall be represented at this mediation by the City administrator, one City Councilman, President or designee of the CHAMBER, and such other participants as they may agree. ASSIGNMENT. This lease is not assignable by CHAM13ER without written permission of CITY; provision prohibiting sub -lease without CITY permission. SEVERABILITY. If any part of this Lease Agreement shall be construed to be unenforceable, the remaining parts shall remain in full force and effect as though any unenforceable part were not written into this Lease Agreement. 4 1 1'J -j DESTRUCTION OF PREMISES. If the premises are improved, and in the event that the premises are destroyed or so damaged by fire or other unavoidable casualty so as to be unfit for occupancy or use, then the CHAMBER shall have the ability to exercise one of the following options: (1) Terminating said lease, whereupon CHAMBER would forfeit all rents to date, but not be liable for any further rental hereunder, and be returned any advance deposit paid to CITY; (2) continue to use the premises if practical, with rent adjusted by agreement of the parties if the property is less than fully habitable or useful for CHAMBER purposes. UTILITIES. CHAMBER shall be responsible for the payment of all utilities used on or at said premises and transfer all utility accounts to its name. CITY will pay for regular lawn service on the premises, but not to include landscaping or maintenance thereof. The CHAMBER shall be responsible for the payment of all other services and place the service in his name including, but not limited to, electric, telephone, waste disposal, and gas used on said premises. CHAMBER agrees not to hold the CITY responsible for any delay in the installation of electricity, water, telephone, or gas, or meters therefore, or interruption of the use and services of such commodities. TAXES. Any taxes, assessments or obligations incurred or assessed on the leased property due to sales taxes; use taxes; sales taxes; Internal Revenue taxes; State of Florida Department of Revenue or Workmans compensation; or any other assessment caused by CHAMBER's use of the property as a commercial enterprise shall be the sole responsibility of CHAMBER, who shall hold CITY harmless therefrom, and indemnify CITY, including attorneys fees and costs. The CHAMBER shall promptly forward to the CITY any state or Federal tax notice that pertains to delinquency, assessment or other penalty proposed against the entity or property. EQUIPMENT. The parties acknowledge that certain equipment may be installed or used on the premises; any personal property or equipment affixed to the premises by the use of bolts, screws, glue or fastening devise shall be considered a fixture and the property of CITY upon the CHAMBER vacating the premises. UNLAWFUL USE. CHAMBER shall make no unlawful use of the premises, or permit such use to occur, and use the property solely for commercial business uses. GENERAL CONDITION OF PREMISES. CHAMBER shall keep the premises clean, picked up, painted, orderly, and not in violation of any City or County codes or state statutes. PERSONALTY. Any property of CHAMBER remaining on or within the leased premises thirty (30) days after termination of this lease may be disposed of by CITY either by (a) selling the property to offset monies owed by CHAMBER under this lease; (b) disposing of the property at the landfill; or (c) retaining such property for the sole use of CITY; all without any claim therefore by the CHAMBER. CHAMBER'S PROPERTY. CHAMBER assumes all responsibility for theft or damage to all personal property of CHAMBER or his guests stored or used on premises and releases CITY from any and all liability therefore. BOOKS AND RECORDS. The CHAMBER shall create and maintain regular accounts and records of all funds, donations, in-kind contributions, accounts payable, expenditures and financial status of the organization in its regular course of business. A certified accountant shall keep and prepare all necessary records, tax returns and financial status of the CHAMBER and submit same at least annually in an annual financial report to the CITY. The CITY shall have at any reasonable time upon written request, to inspect the books and records of the CHAMBER at the offices of the CHAMBER. 3 1 ), Pt} y �h RIGHT OF RENEWAL: The CHAMBER is granted first option to renew the term of this lease. The CITY shall not attempt to lease the premises to another entity without first negotiating a renewal lease with the CHAMBER. The CHAMBER shall provide notice of intent to renew the lease by a writing delivered to the CITY at least sixty (60) days prior to the end of the lease term. The rental term may be extended beyond this initial term upon further written agreement and terms as may be determined by the parties, and the CITY reserves the right upon any renewal or renegotiation to make amendments to the terms of the lease, including but not limited to its length, rental amount, or such other term as the CITY deems as in its best interests. The lease renewal granted to CHAMBER shall not be unreasonably withheld by the CITY, unless the CHAMBER is in material breach of the lease terms, or dissolution of the CHAMBER by the State of Florida; or abandonment of the stated mission and goals set forth herein, or finally, in the sole discretion of the CITY, that extension of the term is not in the best interests of the CITY. RENT: Rent shall be the following sum: $60.00 for the term, which CITY permits to be paid at the rate of one dollar ($1.00) per month, which shall be paid by CHAMBER on the 1st day each month to CITY at: 55 SE 3d Avenue, Okeechobee, Florida 34974, or at such other place as may be designated by CITY from time to time. CONDITION OF PREMISES AND REPAIR. CHAMBER hereby accepts the premises in the condition that they are in at the beginning of this Lease and agrees to maintain said premises in the same condition, order, and repair as they are in at the commencement of this Lease, excepting only reasonable wear and tear arising from the use thereof under this Lease Agreement. Prior to occupancy, the structure will be inspected to assure that no major repairs are necessary. For major capital repair or maintenance expenditures, (defined as ANY INDIVIDUAL EXPENSE in excess of $500.00), for the first twelve months of the lease term, the CITY and CHAMBER will divide any such expense on a 50/50 basis. Subsequent to that, the CHAMBER shall be responsible for all maintenance and repair of the structural components, as well as the roof, windows, doors, and the CHAMBER agrees to make any and all other normal maintenance and repairs to said premises, being plumbing, heating, electrical, air conditioning, etc. The CHAMBER will, at the end of this Lease, surrender and deliver up the premises, without demand, in as good order and condition as when entered upon; loss by fire, inevitable accident, ordinary wear and decay only excepted. IMPROVEMENTS. That any improvements, additions, remodels, or other permanent change to the premises made or authorized by the CHAMBER, shall inure to the benefit of and become the sole property of, the CITY upon termination of this lease. INSURANCE. CHAMBER is liable for any and all claim, action, suit or other demand for death, personal injury, property/casualty loss, environmental claim, or any incidental loss which may occur, or claimed to have occurred on or in the premises, or wherever occurring if arising out of the use of the premises, or arising out of any event, function or use made by the CHAMBER, and shall hold CITY, her heirs and assigns, harmless therefrom, and indemnify CITY, including all attorney's fees and costs incurred in such action. That by virtue of this lease, it shall not be implied or construed, and the CITY shall not waive any rights or privileges inuring to the CITY under Florida Statute Ch. 768 or any constitutional sovereign immunity. CHAMBER shall obtain liability and errors/omissions insurance coverage to protect itself against such claim or injury in the minimum sum of $1,000,000 per person/$1,000,000 per occurrence and name the CITY as additional insured thereunder to the extent permitted by the policy. Any insurance for contents or personalty on the premises is at the discretion of the CHAMBER. The property and casualty insurance presently maintained on the property by CITY shall be paid by the CITY, and the CHAMBER will reimburse the CITY 50% of the cost of such insurance policy annually. 2 1 P a g e LXHIBIT 6 Mar 20, 2012 LEASE AGREEMENT THIS AGREEMENT entered into this day of March 2012, between CITY OF OKEECHOBEE, FLORIDA (hereinafter "CITY") and CHAMBER OF COMMERCE OF OKEECHOBEE COUNTY, (hereinafter "CHAMBER"). WITNESSETH: That the City of Okeechobee, Florida owns certain real property, building and improvements thereon at 55 S. Parrott Avenue, with deed covenants that restrict the use of said property to that only of a chamber of commerce; That in consideration of the covenants herein contained on the part of the CHAMBER to be kept and performed, the Landlord does hereby lease to the CHAMBER the commercial property located in Okeechobee County, Florida, and more particularly identified as: Real property at: 55 S. Parrott Avenue Okeechobee, FL 34974 TERMS AND CONDITIONS PREAMBLE THIS LEASE is for the specific purpose of use of the leased premises for the chamber of commerce and for no other purpose. As such, the mission, purpose and activities of the CHAMBER would include the following: 1. The CHAMBER is a not for profit entity established by concerned citizens and businesses for the primary purpose of promoting the City of Okeechobee, and Okeechobee County to business interests, tourists, visitors, and the public. 2. The goal of the CHAMBER includes increasing visibility of Okeechobee around the state and country; to attract tourism, business development and industry to the City; to plan and organize events to improve the quality of life in Okeechobee and to promote and maintain the beauty and desirability of the area. 3. Included in the general mission and goals of the CHAMBER would be to perform all those activities expected of a traditional and viable chamber of commerce. While the means and efforts used by the CHAMBER to accomplish its goals are within the discretion of that organization, the chamber has historically sponsored, promoted, or assisted in certain annual civic events which would be expected to continue, such as Speckled Perch Festival, Labor Day Festival; Christmas and Holiday events; Fourth of July celebration; National Day of the American Cowboy, and similar events that are designed to attract citizens, tourists, and business to the City of Okeechobee. 4. That at all times during the terms of the lease the CHAMBER shall be maintained as a viable organization, with consistent membership, a daily presence on the leased premises, regular meetings, continued registration with the division of corporations for the State of Florida, maintaining regular records, and generally continually operating as a business entity. TERM: The term hereof shall commence on the day of March 2012 and continue monthly for an initial term of five (5) years, to March 2017, unless earlier modified or terminated by renewal, by eviction, or by further agreement of the parties, whichever first occurs. 1 1 P<, )e N CZ -11 MARCH 20, 2012 -REGULAR MEETING -PAGE 10 OF 11 AGENDA I COUNCIL ACTION -DISCUSSION -VOTE VIII. NEW BUSINESS CONTINUED. G. Discuss Chamber of Commerce of Okeechobee County Lease Council Member Watford agreed with the Mayor as well and elaborated further, Council Member Maxwell has Agreement continued. obviously put a lot of thought into this issue, and he appreciated those efforts. However, this is a little different from your standard commercial lease. The City should not get into the position of micro managing the Chamber. He was confident the Chamber can and will perform the way the residents of the City expect. They realize their position, are stepping up and willing to do it. It is critically important, as we have been without a Chamber for a long time, to get them in there. The other issue is this 'new' chamber is really a hybrid or new breed of Chamber. It is not what we are used to, nor what we had before. It is not only based on tourism and answering questions/inquiries, it has expanded from that to the business development side, which isjustas important. This is a great opportunity for the City, Chamber and County. Council Member Watford, moved to approve the Lease Agreement between the City and Chamber of Commerce of Okeechobee County, with the amendment that the City handle the roof repairs and maintenance and the Chamber will handle all other repairs and maintenance; seconded by Council Member O'Connor. Mayor Kirk asked Administrator Whitehall and Attorney Cook, whether they were certain everything that needed to be addressed was addressed sufficiently? Council Member Watford added, and we are certain we can terminate the lease based on the causes listed. Administrator Whitehall responded, to the best of my knowledge, substantively everything is addressed. Attorney Cook answered, we added the changes that the Council wanted, then in paragraph three, the means and efforts used by the Chamber to accomplish its goals are within the discretion of the organization. So we balanced the language with allowing nonperformance to be a termination factor, without micro managing them. They must remain a viable, operating Chamber of Commerce in order to remain in the building. To try to quantify performance would be almost impossible. What is acceptable to this Council today, may not be acceptable in two years when you may have a different Council here. However, Council Member Maxwell's memorandum suggested a couple of language changes, and he agreed, the change clarifies some of the language. These will be implemented in the final copy to be signed. Lastly, it appears a sentence was left out from this draft, page four the "assignment" provision needs to be expanded as to be clear the Chamber cannot sublease the building without written permission from the City. Mayor Kirk and Council agreed with the modifications and any other areas that need to be clarified more. VOTE KIRK - YEA MAXWELL • ABSENT O'CONNOR -YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C. IL& I O MARCH 20, 2012 -REGULAR MEETING -PAGE 9 OF 11 AGENDA COUNCIL ACTION - DISCUSSION • VOTE VIII. NEW BUSINESS CONTINUED. F. Motion to approve a Medical Director Agreement with Dr. J. Michael VOTE ' KIRK -YEA MAXWELL -ABSENT O'CONNOR-YEA Adelberg, M.D., FAEP- Chief Smith (Exhibit 5). WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. G. Discuss Chamber of Commerce of Okeechobee County Lease Exhibit Six contained another lease agreement version for the Council to consider. The lease agreement is for the Agreement - City Attorney (Exhibit 6). building at 55 South Parrott Avenue, to the Chamberof Commerce of Okeechobee County. The language in the lease has been discussed at several previous meetings. Administrator Whitehall began the discussion by explaining that while this is the latest rendition, there are proposed amendments to it. For the purposes of easily interpreting what the City's and the Chambers individual responsibilities will be, the latest proposal is that in lieu of improvements more than $500 being split 50150, the City will take the responsibility of maintaining and repairing the roof. The Chamber would essentially take care of all other capital improvements and maintenance issues. The roof is the Chambers biggest anxiety. This simplifies the criteria and makes it a lot cleaner. The other major points (as discussed from previous meetings) are that the Chamber will share in the property insurance premium, the improvements and maintenance to the parking lot will be the City's responsibility, this includes striping and providing appropriate handicap parking space. The City will maintain the lawn and irrigation, while it will be the Chambers responsibility to maintain all the ' landscape. Mayor Kirk noted, one of the things that is difficult to get your arms around is the fact we are not a normal tenant -landlord. He recommended the changes being made as outlined by the Administrator and proceed with approving the lease. Administrator Whitehall added, Council Member Maxwell is absent and asked the Council to read through his memorandum listing his ideas and concerns for this item. He suggests the City essentially set a rental amount based on market value, then based on the Chamber meeting certain performance criteria, the City would reduce the rental amount, conceivably to zero. The problem is the performance criteria has not been established. He and Mr. Burroughs discussed this concept and they believe it would call for a subsidiary agreement between the City and the Business Development Board. Should the Council be interested in heading this direction, Staff can work toward that in the next three to six months. Mayor Kirk stated, the latest proposal is only for a five-year term. The Council made it clear they did not want to get into supervising the Chamber. He was not comfortable with approving and signing an agreement that he knew would ' be coming back for further negotiations within the year. Stating further, items that need to be addressed, need to be done so now, and get this behind us so they can move forward. Council Member O'Connor added his agreement with the Mayor's statement. np MARCH 20, 2012 -REGULAR MEETING -PAGE 9 OF 11 AGENDA COUNCIL ACTION -DISCUSSION -VOTE VIII. NEW BUSINESS CONTINUED. F. Motion to approve a Medical Director Agreement with Dr. J. Michael VOTE ' KIRK - YEA MAXWELL - ABSENT O'CONNOR - YEA Adelberg,M.D.,FAEP- Chief Smith (Exhibit 5). WATFORD-YEA WILLIAMS-YEA MOTION CARRIED. G. Discuss Chamber of Commerce of Okeechobee County Lease Exhibit Six contained another lease agreement version for the Council to consider. The lease agreement is for the Agreement - City Attorney (Exhibit 6). building at 55 South Parrott Avenue, to the Chamber of Commerce of Okeechobee County. The language in the lease has been discussed at several previous meetings. Administrator Whitehall began the discussion by explaining that while this is the latest rendition, there are proposed amendments to it. For the purposes of easily interpreting what the City's and the Chambers individual responsibilities will be, the latest proposal is that in lieu of improvements more than $500 being split 50/50, the City will take the responsibility of maintaining and repairing the roof. The Chamber would essentially take care of all other capital improvements and maintenance issues. The roof is the Chambers biggest anxiety. This simplifies the criteria and makes it a lot cleaner. The other major points (as discussed from previous meetings) are that the Chamber will share in the property insurance premium, the improvements and maintenance to the parking lot will be the City's responsibility, this includes striping and providing appropriate handicap parking space. The City will maintain the lawn and irrigation, while it will be the Chambers responsibility to maintain all the , landscape. Mayor Kirk noted, one of the things that is difficult to get your arms around is the fact we are not a normal tenant -landlord. He recommended the changes being made as outlined by the Administrator and proceed with approving the lease. Administrator Whitehall added, Council Member Maxwell is absent and asked the Council to read through his memorandum listing his ideas and concerns for this item. He suggests the City essentially set a rental amount based on market value, then based on the Chamber meeting certain performance criteria, the City would reduce the rental amount, conceivably to zero. The problem is the performance criteria has not been established. He and Mr. Burroughs discussed this concept and they believe it would call for a subsidiary agreement between the City and the Business Development Board. Should the Council be interested in heading this direction, Staff can work toward that in the next three to six months. Mayor Kirk stated, the latest proposal is only for a five-year term. The Council made it clear they did not want to get into supervising the Chamber. He was not comfortable with approving and signing an agreement that he knew would ' be coming back for further negotiations within the year. Stating further, items that need to be addressed, need to be done so now, and get this behind us so they can move forward. Council Member O'Connor added his agreement with the Mayor's statement. VII. NEW BUSINESS CONTINUED. AGENDA Motion to approve a lease agreement with the Chamber of Commerce of Okeechobee County - City Attorney. MARCH 6, 2012 - REGULAR MEETING - PAGE 4 OF 6 W U COUNCIL ACTION - DISCUSSION -VOTE At the February 21 meeting, the Council reviewed a proposed lease agreement for the Okeechobee County Chamber of Commerce to lease the City's facility at 50 South Parrott Avenue. City Staff was instructed to have the building inspected and bring the results back for further consideration. The electricity was connected for these inspections. On February 27 both Chief Smith and Building Official Schaub inspected the building. Official Schaub's findings were to remove all unused electrical wires by the air conditioner compressors, remove unused air handlers from the attic, label air conditioner disconnects; improvements to water heater needed; provide emergency lights; repair lighted exit sign; provide occupant load sign for conference room; restrooms signage and repairs needed; several roof tiles need replacing; inside entrance has a water stain on the left side of base indicating water may be entering from outside due to the parking lot grading, he suggested raising the grade to slope the water to the sidewalk and consider installing eve gutters to eliminate the problem; striped handicap parking and signage improvements needed. Chief Smith's report noted the following items need attention: fire extinguishers out of date, exit sign and emergency lighting not working, area in front of the electrical panel and water heater needs to be cleared; fire alarm system needs further inspection to decide whether it should be removed or brought up to code; occupant load signage added; combustibles stored properly and light truss placard added. The Chamber had Mr. Elbert Batton and Mr. Michael Hazellief inspect the building as well. These are their findings: a ceiling stain over the welcome center indicates a roof leak (middle area); air handlers and drain pans in bad shape; air handlers do not work; non connected older air handlers need to be removed from where they are being stored in the attic; carpet worn and in disrepair; tile damage to roof (Northwest corner, West side and over entrances); water needs to be checked; further inspection of fire alarm system needs to be done; electrical wiring around air conditioning units exposed; ingress and egress issues evident; window facing police station held in place with masking tape; all electrical connections appear to be in order. Mr. Whitehall added that he obtained the services of Emory Walker Air Conditioning to conduct an inspection on the air-conditioning system. After finding some issues with blown fuses, they were able to operate the system without any problems. It was indicated they could remove the stored air handlers from the attic, replace the fuses and remove the unused electrical wiring around the units. The City's current lawn maintenance company was contacted, and offered to add the area to the current contract for $80.00 per month. The Chamber has indicated that they would take care of the landscaping, utilizing in-kind services but did not have the means of the lawn mowing at this time. Mr. Burroughs is investigating whether the Chamber could utilize the Police Department's solid waste collection dumpster. VII. NEW BUSINESS CONTINUED. AGENDA B. Motion to approve a lease agreement with the Chamber of Commerce of Okeechobee County continued. MARCH 6, 2012 - REGULAR MEETING - PAGE 5 OF 6 COUNCIL ACTION - DISCUSSION - VOTE Mr. Terry Burroughs, Vice president of the Chamber addressed the Council by offering that the Chamber pay half the City's liability insurance premium (estimated at $1,700.00 per year), carry renter's insurance, have the landscaping cleaned out and replaced as well as have the missing roof tiles replaced. The stain on the ceiling indicates a leak in the middle of the roof. However, the inspections could not confirm whether it is still leaking. There will be a lot of cleaning and interior work to complete. In response to several questions, Mr. Burroughs stated that once the lease was approved, the Chamber should be able to be in operation within a month or two. The utilities will be in the Chamber's name. The past due Okeechobee Utility Authority bill of $272.33 still has to be cleared -up. The paperwork put in plastic bags by the IRS, when they seized and auctioned the office furniture, has to be reviewed. Normal office hours have not been determined to date, but it is expected to be operated and offer information to the public as any Chamber facility does. The concept being discussed is to have a staff person operate the facility and answer the phones from 10:00 a.m. to 2:00 or 3:00 p.m. Once an Executive Director is hired, office hours may be extended or changed, depending on staffing. The discussion turned to utilizing in-kind services of the Chamber membership to get the office in operation and that the City could offer services such as pressure cleaning the roof and outside of the building. The City would also consider adding to the annual asphalt paving program, to re -pave and stripe the parking lot, in this year or next years plan. The facility is in a valuable location and the City is offering modest costs for its use. However, they recognize the Chamber is still in its infancy with limited resources. The responsibility of major repairs or the sharing of those potential costs was discussed. While the Council agreed to the 50-50 sharing of major repair costs exceeding $500.00, they agreed the City should set a time limit for one year. Any major repairs needed after that time frame would be borne by the Chamber. Sponsoring annual community festivals and events was the next area of discussion. The previous Chamber hosted/ coordinated the various festivals/events, which were addressed in their lease and how they obtained a "blanket approval" for the use of the parks. However, the new Chamber's mission is geared more to assisting current and potential businesses throughout the City and County and tourism. Due to the closure of the previous Chamber a few years ago, Okeechobee Main Street (OKMS) stepped up and began sponsoring the festivals/events, and continues to do so. In an effort to address the Council's concern with making sure the festivals/events continue, should OKMS become disillusioned with their sponsorship, Mr. Burroughs offered that the Chamber would consider taking them on. AGENDA M VII. NEW BUSINESS CONTINUED. 4� B. Motion to approve a lease agreement with the Chamber of Commerce of Okeechobee County continued. Discuss City Attorney Cook's Annual Evaluation. D. Discuss City Administrator Whitehall's Annual Evaluation 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 media are for the sole purpose of back official records of the Clerk. ATTESTS James E. Kirk, Mayor Lane Gamiotea, CMC, -City Clerk MARCH 6, 2012 - REGULAR MEETING - PAGE 6 OF 6 COUNCIL ACTION - DISCUSSION - VOTE The Chamber Board of Directors may not fully understand or appreciate the City's stance on certain areas of the lease, and the purpose for being specific in addressing the operation of the Chamber within the City's facilities. The City has learned some valuable lessons in their relationship with the previous Chamber. Should this Chamber fail to operate in the capacity as the public demands, the City will be the one once again, that takes the brunt of the fall out. Performance is part of the entire package. In conclusion, a revised lease, containing the items addressed tonight will be forwarded to Mr. Burroughs by the end of the week in order to give him sufficient time to distribute to the Chamber Board Members, for review and consider approving at their next meeting, March 15. Either the proposed lease, approved by the Board, or further commentary from the Board will be presented at the next Council meeting. Due to the entire Council not being present and all the evaluations not collected, it was decided to defer Attorney Cook's annual employment evaluation until the next meeting. Due to the entire Council not being present and all the evaluations not collected, it was decided to defer Administrator Whitehall's annual employment evaluation until the next meeting. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 7:01 p.m. The next regular scheduled meeting is March 20, 2012 at 6:00 p.m. tc-I � Okeechobee News/Pete Gawaa Golfer of the Year At the Tuesday, Feb. 21, meeting of the. Okeechobee City Council Mayor James Kirk recognized Richard Donegan, who was accompanied by his par- ents, for being named High School Boys Golfer of the Year Class of 2012. Pictured, left to right, are Rick Donegan, Richard Donegan, Mayor Kirk and Nancy Donegam itY c ouncil discusses leasing buildingchamber By Pete Gawda Okeechobee News After being vacant for many months the city -owned chamber of commerce build- ing could be leased by the recently formed Chamber of Commerce of Okeechobee County. At their meeting on Tuesday evening, Feb. 21 , the Okeechobee City Council spent considerable time discussing a proposed lease with Terry Burroughs, vice president of the -Chamber of Commerce of Okeechobee County. The building had been seized by the Inter- nal Revenue Service (IRS) for nonpayment of payroll taxes by the long inactive Okeecho- bee County Chamber of Commerce. The. IRS held an auction of the contents of the building to satisfy the tax lien and recently released the building back to the city. Councilman Dowling Watford said he was glad to see the issue was being cleared up. He thanked Congressman Tom Rooney for helping the city regain possession of the building from the IRS. , Since the building has been vacant and inaccessible to the city for some time, the council was unsure as to its present condi- tion. The council and Mr. Burroughs were in agreement that the building should be inspected before proceeding with lease ne- gotiations. Mr. Burroughs said the utilities should be turned on in order to inspect the building and since he did not have a lease he could not turn the utilities on. Councilman Clayton Williams suggested the chamber consider listing the city on their insurance for the building. Tommy Hoover, an interested citizen, did not think taxpayers should be subject to paying for any repairs to the building since the chamber was getting such a good deal. The proposed lease was for $1 a month. Mr. Hoover felt that if the chamber were not willing to pay for repairs the city might want to seek another tenant. However, deed restrictions prevent the building from being used for any purpose other than a chamber building. Post your opinions in the Public Issues Foram at www.newszap.com. Reporter Pete Gawda can be reached at pgawda@newszap.com. Your Largest Fence Post Supplier in South Florida l �yQprpoPa, 4 ThR Wnrka! Mar 6 2012 Chamber of Commerce Lease discussion w/ T Burroughs (3/5/12) This is some of the issues we discussed. Roof - Public Wks can pressure wash Public Wks can replace tile, but prob not as effective as a roofer Chamber was checking w/ a roofer Window issue - Needs fixed on east side of bldg Cha,.. I>2 L,_,W__TA a .f 519 mulwuy Lawn Maint- City cost is $960/yr ($80/mo) added to our existing lawn maint contract Chamber can take care of landscaping, plan to remove a cpl of cabbage palms Parking lot & striping - City will add lot to annual asphalt program this or next program and stripe thereafter Inspection issues - E. Walker got both A/C running and will remove the two old abandon air handlers in the attic for free. Fire — will review the fire alarm system for working order, need fire exting reinspected, occupant load posted, Exit sign lighted.. investigate emergency lighting Bldg official -see list incl handicapped restroom issues, water heater relief vavle UtllltlAs- Chamber pay elec, water & sewer, phone, renter's (content) insurance City pay property insurance (est at $1700/yr), perhaps the Chamber could split that cost (50/50) w/ the City Garbage — I believe it's the City's and the chamber can use, but Terry B. was investigating Major Capital expenditures — The chamber is worried about unexpected major expense and it was proposed (certainly subject to discussion) that the City consider a 50/50 split of unexpected costs exceeding $500 CITY OF OKEECHOBEE TIRE DEPARTMENT INSPECTION REPORT Occupancy Name:. (� 1,s ;', Vic. ;': " Occupancy Location: Annual. Periodic Complaint$TR,Other The items circled below need your attention: MEANS OF EGRESS / EXITS Exit obstructed Aisles blocked 6" Exit Sigh,, Battery back-up working Emergency Lighting workin Panic Hardware working Proper locks present Fire doors closing properly Egress stairs unblocked and no storage of combustibles Current Certificate and Date: �� �/t Elevator keys accessible Fire extinguisher present in hydraulic room a FIRE EXTINGUISHERS Current tag / Date: 14" Mounted to code Correct number and ratings (2A:10B:C) min. ELECTRICAL / KNOX BOX Open slots in panel Open / Bad wiring Breakers marked properly Extension cords for permanent wiring Clea; nce in front of panel Current keys in Knox box SEPARATION Proper occupancy separation Ceiling tiles Penetrations sealed properly NIX SPR4{dl<CEf ' / STAS `ND PES J"i Current Tag / Date: _ 1 `rJ Access to hydrants, FDC's, Standpipes, and Risers Valves open / secured Sprinkler heads 18" clearance and no paint FIRE ALARM SYSTEMS Current Tag/Date: Panel "norma (:Devices in good condition'-., KITCHEN /COOKING Current Tag / Date: ���`r' Grease accumulation Appliances properly covered "K" Class Fire Extinguisher present with current tag STORAGE / MISC. C., ombustibles stored proper-) Excessive storage Gas cylinders secured =77— Occupant load posted Address numbers 6" ;' Light truss placard, Inspection dates: Date passed NOTE:'j-" {S CI F 4�'., r, :'l/ i K' _ :I)V (.Y L?A!E 1 r� �" 4-o co&o } Print Name Sign Fire Inspector T iL1 eS OKEECHOBEE FIRE DEPARTMENT 55 SE 3rd AVENUE OKEECHOBEE, FL 34972 (863) 467-1586 FAX(863)763-4489 py '1 NOTICE TO COMPLY Florida Statute, Section 633.027 requires the owner of any commercial, industrial or multiunit residential structure of three units or more constructed of light -frame trusses, to install a symbol adopted by rule of the State Fire Marshal's Office. This rule establishes the dimensions, color, and location of the symbol to be applied to these structures. Where the owner of the structure and the authority having jurisdiction(Fire Marshal) disagree as to the use of light -frame truss -type construction within the structure, the owner shall be granted not more than 30 days to provide written verification from a licensed engineer or licensed architect; otherwise, the owner shall comply with the rule. Floor Construction Roof Construction Both Roof and Floor Construction Symbols must be all weather and contrasting with background Maltese Cross shall measure 8 inches horizontally and 8 inches vertically Maltese Cross shall be bright red reflective color Maltese Cross shall be within 24 inches to the left of the main entry Maltese Cross shall be not less than 4 feet above grade, walking surface, finished floor Maltese Cross shall be not more than 6 feet above grade, walking surface, finished floor Additional signs to be installed as determined by the Authority having Jurisdiction The complete rule is available on the State Fire Marshals web site February 28, 2012 LOCATION: Chamber Building 55 S. Parrott Ave. Okeechobee, FL 34974 Findings: CITY OF OKEECHOBEE BUILDING DEPARTMENT 55 SE THIRD A VENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 rshaub@ci0;0b1ceechohee. coni INSPECTION REPORT 1) Remove all unused electrical wires by A/C compressors. 2) Label A/C disconnects. 3) Stripe a 5' strip by handicap parking and elevate IVC sign to a minimum of 84" above grade. 4) Roof tiles on hips at entrance are missing. There doesn't appear to be any water staining at ceiling indicating roof leaks. 5) Inside entrance, water staining on left side of base indicating a possibility water seeping in from outside. Rain water being held in that location because of grading. Fix solution, dig out dirt from foundation, seal with approved sealant and fill in with dirt and raise grade to slope water to sidewalk. You my also want to consider eve gutters. 6) Rest rooms require WC signage placed 60" to center by the latch side of doors, lever door hardware, hand towels a maximum 48" reach height and doors need a minimum of 18" clearance on the pull side of doors. 7) Provide emergency lighting. Exit sign needs light bulbs. 8) Provide occupant load of conference room. 9) Water heater needs a pressure relief valve down pipe to a minimum 6" above floor. 10) Remove unused air handler from attic. Insulation appears to be about a R4, a minimum of R 1 is required. Ray Schaub, CBO hal -la uo-a f6 Brian Whitehall P9 qlq From: Terry Burroughs [twbfla@embargmail.coml Sent: Sunday, February 26, 2012 2:30 PM To: 'Brian Whitehall' Cc: bblazak@ct-eng.com; Joshua Mixon; mhazellief@gmail.com; Mike@chcpa.com; pelican688 @yahoo.com; robert.lee@hcahealthcare.com; tonischicboutique@centurylink.net Subject: Chamber building inspection Brian, Elbert Batton, Michael Hazellief and I conduct an inspection of the chamber building on Friday. The following is a list of items we found to be problematic. I have denoted all problems that were evident. The intent of this email to identify all problems not who is going to fix the problem. Electrical power was on in building at time of inspection. 1. Previous internal roof leak over welcome center portion of roof ( middle of roof) 2. Air handlers & drain pans in very bad shape. Air handlers do not work 3. Current air handlers had been replaced at some period of time by cutting hole in ceiling, however, old air handlers are still in attic discarded in between the rafters 4. Carpet worn and in disrepair 5. Tile damage on the following sections of the roof a. NW corner of roof b. West side of roof c. Over door entrances 6. Water needs to be checked 7. Fire alarms system requires checking out 8. Electrical wires around air conditioning units exposed 9. Ingress and egress issues evident 10. Window facing police station held in place with masking tape All electrical connections appear to be in order. We could not get to some, but for the most part they seem to be in good working order. I will be out of pocket for most of tomorrow with my mother's funeral arrangements and service. I will touch base with you on Tuesday Teary t3 ct s rc� t rIty Ci an bv.r of Cam*ne4-cel o f okee - � b -e cot/,nty 363 -697-6325 I IX. NEW BUSINESS CONTINUED. B. Presentation of Okeechobee Correctional Institute Work Program continued. Ah I -L Motion to approve a lease agreement with the Chamber of Commerce of Okeechobee County - City Attorney (Exhibit 3) Consider a request to address the City's noise ordinance - Ron Main (Exhibit 4). FEBRUARY 21, 2012 - REGULAR MEETING - PAGE 6 OF 9 COUNCIL ACTION - DISCUSSION -VOTE As well as to provide programs and services to inmates; and to supervise all inmates at the level proportionate with the threat they present to society. Mr. Jones introduced Colonel Royce Dykes. The two continued the presentation together and gave the statistics of the number of inmates housed at the facility, numbers of inmates released into the local community upon the end of their sentence. In 2008, the Department began changing its internal structure on how inmates are housed. It created an Office of Re-entry to coordinate services for inmates and offenders to ensure a successful transition back into communities. The strategy provides a holistic approach including educational programs where they can obtain their GED. Vocational training, where they can learn a skill and be certified, such as a waste water plant operator. As well as various classes to help them learn to be better citizens and parents, providing them with the tools and support needed to return to their communities as productive, law-abiding citizens. The Work Camp, an eight -acre facility across from the Main compound consists of 11 buildings and three special activity pavilions. This site will house only medium, minimum and community custody inmates. These are the inmates who participate in the work squads. The goal is to utilize these squads more in the future, as there is a huge amount of potential inmate labor. An invitation was extended to the Mayor, Council Members and City Staff to come out to the facility, meet Warden Skipper and his staff, tour the facility and consider their offer to use these work squads to assist the City's labor force. The facility should be up and running by mid summer. The Council had several questions, which were answered. Mayor Kirk thanked them for their presentation and the City will be sure to follow up on the invitation, as this looks to be a promising endeavor. Mr. Terry Burroughs was not present when this item was to be discussed. He requested, through Council Member O'Connor, that the item be moved to the end of the meeting allowing him time to arrive. Mayor Kirk agreed. Mr. Ron and Mrs. Linda Main appeared before the Council and distributed a copy of City Code Sections 30-81 Noise regulation in general, and 30-82, Specific noises prohibited (13) Places of public entertainment. They requested the Council consider adding to repetitive unnatural noise [music and/or voices] that are verified by a police officer" at the end of 30-82(13). As well as to give police the recourse, such as issuing citations or making people lower the unnatural noise. Mrs. Main noted her gratitude to the Police Department in handling the noise complaints promptly and professionally. The noise is an issue due to her home's proximity to Hammerheads Bar and Grill, owned by David and Anita Nunez. The restaurant is closed now, except for special events. Their concem is potential owners or leasers of the facility in the future, who may not be as accommodating to resolve the neighborhood complaints as the Nunez's have been. Chief Davis and Administrator Whitehall will research the matter further and follow-up to the Council with Staff's recommendation. 0_ FEBRUARY 21, 2012 - REGULAR MEETING - PAGE 7 OF 9 O COUNCIL ACTION - DISCUSSION -VOTE IX. NEW BUSINESS CONTINUED. Readdress Item C. Motion to approve a lease agreement with the Chamber Mayor Kirk announced that Mr. Burroughs, Vice President of the Chamber of Commerce of Okeechobee County d of Commerce of Okeechobee County - City Attorney (Exhibit 3). (Chamber), was present and that the Council would now address new business item C, Exhibit 3 regarding the approval of a lease agreement with the Chamber. Following a lengthy discussion between the Council, City Staff and Mr. Burroughs regarding the proposed lease agreement language contained in Exhibit Three, the following items are to be addressed and the matter brought back to the Council: -Terms and Conditions, second paragraph: reword to clarify that the Council has to approve the extension of the agreement; request for extension and approval of extension to be documented in writing. -Conditions of Premises and Repair. It was agreed, without an objection from Mr. Burroughs, for the City's Building Official to conduct an inspection of the building and list all repairs. The reason an inspection has not been conducted to date is the utilities must be connected. The Chamber cannot get utilities connected without a lease agreement, as well as the water cannot be turned on until the delinquent water bill is paid. Administrator Whitehall was instructed to resolve the water bill and find solutions to having the utilities connected for the inspection. -Clarify who will bear the costs for what repairs to the facility and property. -Insurance. Clarify the City is paying $1700.00 per year for property and liability insurance. The Chamber will be required to carry liability insurance as well. The City needs to be added as additional insured on the Chamber's policy with a copy provided to the City. -Attorney's Fees needs to be researched further, by Attorney Cook, to determine whether its required/needed. -The Default section needs to be clarified to ensure in addition to the items listed, default includes failing to have the building open to the public within a specific period of time, for example 30 days; failing to operate the Chamber within the facility, for a specific period of time; and/or failing to conduct a certain number of membership meetings within a certain amount of time. Mr. Tommy Hoover addressed the Council by asking, since the City is entering into this lease agreement at a much reduced commercial office rental rate, and has in-kind contributions, would that subject the Chamber to the Sunshine Laws? Attorney Cook responded no. Administrator Whitehall added, there are provisions for transparency in the lease agreement. Mr. Burroughs further explained, this Chamber is a 501c(6) non-profit organization and must provide their financials to the membership, transparency is not going to be an issue. Mr. Burroughs final comment noted that the Chamber's Board of Directors may be open to a different approach to the lease, specifically with the rent; he will follow-up with the Administrator. A LXnIBIT 3 FEB 21, 2012 LEASE AGREEMENT THIS AGREEMENT entered into this day of , 2012 between the CITY OF OKEECHOBEE, FLORIDA, (hereinafter "CITY") and CHAMBER OF COMMERCE OF OKEECHOBEE COUNTY (hereinafter "CHAMBER") WITNESSETH: That in consideration of the covenants herein contained on the part of the CHAMBER to be kept and performed, the CITY does hereby lease to the CHAMBER commercial property located in Okeechobee County, Florida, and more particularly identified as: Real property at: 55 S. Parrott Avenue Okeechobee FL 34974 PREAMBLE THIS LEASE is for the specific purpose of use of the leased premises for the chamber of commerce, and for no other purpose. As such, the mission, purpose and activities of the CHAMBER shall include the following: 1. Promoting the City of Okeechobee and Okeechobee County as a whole in a manner that would encourage and foster the location of business enterprises, and new residents, to Okeechobee. This would include advertising, release of information, preparation of brochures, organizing public forums, or such similar activities as necessary to attain this goal. 2. Promotion of local events by the CHAMBER or in conjunction with other civic, non - profit, and charitable organizations. These events would include Speckled Perch Festval, Labor Day Festival, Christmas and Holiday events, Fourth of July, National Day of the American Cowboy, and similar events that are designed to attract citizens to the City. 3. Creation of a viable Chamber of Commerce by obtaining local support and business members, holding meetings at least monthly, electing officers, appointing committees, and such other activities normally associated with the operation of a successful chamber. TERMS AND CONDITIONS TERM: The term hereof shall commence on the day of 2012; and continue monthly until terminated on the 1 st day of 2017; or by eviction; or by further agreement of the parties, whichever first occurs. The rental term may be extended beyond this initial term upon further written agreement under the same terms and conditions described herein assuming all terms and conditions have been satisfactorily met by the Chamber during the preceding rental term. RENT: Rent shall be the following sum: Sixty dollars ($60.00), which CITY permits to be paid at the rate of one ($1.00) dollar per month, which shall be paid by CHAMBER in full at commencement of this lease, to CITY at: 55 SE 3rd Avenue, Okeechobee, Florida 34974, or at such other place as may be designated by CITY from time to time. Page 1 1 CONDITION OF PREMISES AND REPAIR. CHAMBER hereby accepts the premises in the condition that they are in at the beginning of this Lease and agrees to maintain said premises in the same condition, order, and repair as they are in at the commencement of this Lease, excepting only reasonable wear and tear arising from the use thereof under this Lease Agreement. If the property is improved, the CHAMBER agrees to make any and all normal repairs to said premises. All major repairs, such as but not limited to plumbing, heating, air conditioning, roof, fixtures, wiring, irrigation, etc., shall be paid by the City. CHAMBER will, at the end of this Lease, surrender and deliver up the premises, without demand, in as good order and condition as when entered upon, loss by fire, inevitable accident, ordinary wear and decay only excepted. CITY shall notify CHAMBER in writing, within 15 days of the termination of this lease, of its claim for damages to the property, and the intent to bill this amount to CHAMBER, requiring CHAMBER furnishes a good address to CITY upon vacating the property. CHAMBER shall notify CITY in writing of any objections to this claim, and the provisions of Florida Statutes, Chapter 83 Part I, shall apply to a dispute concerning return of the deposit for damages. INSURANCE. CHAMBER is liable for any and all claim, action, suit or other demand for death, personal injury, property/casualty loss, environmental claim, or any incidental loss which may occur, or claimed to have occurred on or in the premises, or wherever occurring if arising out of the use of the premises, and shall hold CITY, and assigns, harmless therefrom, and indemnify CITY, including all attorney's fees and costs incurred in such action. CHAMBER shall obtain liability insurance coverage to protect against such claim or injury in the minimum sum of $1,000,000.00 per person, per occurrence. The property and casualty insurance presently maintained on the property by CITY shall inure to, and be for the sole benefit of the CITY. The CITY shall have the right to also insure the property as owner in such sum(s) as it deems appropriate for injury and property/casualty loss. DESTRUCTION OF PREMISES. If the premises are improved, and in the event that the premises are destroyed or so damaged by fire or other unavoidable casualty so as to be unfit for occupancy or use, then the CHAMBER shall have the ability to exercise one of the following options: (1) Terminating said lease, whereupon CHAMBER would forfeit all rents to date, but not be liable for any further rental hereunder, and be returned any advance deposit paid to CITY; (2) Continue to use the premises if practical, with rent adjusted by agreement of the parties if the property is less than fully habitable or useful for CHAMBER purposes. UTILITIES. CHAMBER shall be responsible for the payment of all utilities used on or at said premises. CHAMBER shall be responsible for the payment of all other services, and place the service in its name, including, but not limited to, electric, telephone, waste disposal, and gas used on said premises. CHAMBER agrees not to hold the CITY responsible for any delay in the installation of electricity, water, telephone, or gas, or meters therefore, or interruption of the use and services of such commodities. TAXES. The CHAMBER shall pay all taxes, assessments or obligations incurred or assessed on the leased property due to sales taxes; use taxes; Internal Revenue taxes; State of Florida Department of Revenue or Workman Compensation; or any other assessment caused by CHAMBER's use of the property as a commercial enterprise shall be the sole responsibility of CHAMBER, who shall hold CITY harmless therefrom, and Page 12 Py 51g indemnify CITY, including attorney's fees and costs. EQUIPMENT. The parties acknowledge that certain equipment may be installed or used on the premises; any personal property or equipment affixed to the premises by the use of bolts, screws, glue or fastening devise shall be considered a fixture, and the property of CITY upon the CHAMBER vacating the premises. UNLAWFUL USE. CHAMBER shall make no unlawful use of the premises, or permit such use to occur, and use the property solely for commercial business uses as a Chamber of Commerce and for no other purpose(s). This lease nor any part, is NOT ASSIGNABLE. The CHAMBER shall not sublease, or permit any other person, business, agency or other not specifically associated with the CHAMBER to occupy or use the premises. The CITY may upon request, permit a similar use on the premises only upon written request by CHAMBER, and approval by the City Council at regular session. GENERAL CONDITION OF PREMISES. CHAMBER shall keep the premises clean, orderly, and not in violation of any City or County codes or State statutes. PERSONALITY. Any property of CHAMBER remaining on or within the leased premises thirty (30) days after termination of this lease may be disposed of by CITY either by (a) selling the property to offset monies owed by CHAMBER under this lease; (b) disposing of the property at the landfill; or (c) retaining such property for the sole use of CITY; all without any claim therefore by the CHAMBER. CHAMBER'S PROPERTY. CHAMBER assumes all responsibility for theft or damage to all personal property of CHAMBER or its guests stored or used on premises and releases CITY from any and all liability therefore. ATTORNEY'S FEES. If it becomes necessary for either party to obtain the services of an attorney to enforce the provisions herein or relating to the premises, the prevailing party shall be entitled to collect reasonable attorney's fees and all costs incurred, including all appeals, from the other party. NOTICES. Any notice which either party may or is required to give, may be given by mailing the same by certified mail, postage pre- paid, to CHAMBER at the premises or to CITY at the address where the monthly payments of rent are made. BOOKS AND ACCOUNTS: The CHAMBER shall create and keep regular accounts and records of all funds, donations, in-kind contributions, accounts payable, expenditures, and financial status of the organization in its regular course of business. A certified accountant shall keep and prepare all necessary records, tax returns and financial status of the CHAMBER and submit same at least annually to the CITY. The CITY shall have at any reasonable time, upon written request, to inspect the books and records of the CHAMBER. DEFAULT. CITY may, at its sole discretion, declare this lease in default for any of the following: a. Failure by CHAMBER to comply with each and every term herein including continually maintaining an active registered nonprofit corporate status with the State of Florida. b. Failure by CHAMBER to pay rent when due as set out above. c. Failure by CHAMBER to maintain all required permits,licenses, insurance, and maintenance at the premises. Page 13 Vo 4jg d. At any time, upon five (5) days advance notice, in the event CHAMBER has caused or permitted, intentional damage or destruction of the premises. e. Failure by CHAMBER to permit inspection of its books and records by the City within two weeks of request. f. Failure by CHAMBER to promptly pay all assessments, taxes or levies by any local, state or federal agency. g. Failure of CHAMBER to comply with the stated purpose and mandate of the CHAMBER as set out in the preamble herein. h. Permitting of uses by the CHAMBER of other persons or entities on the premises other than specific Chamber of Commerce activities, or of assigning such use(s) without the consent of the City Council. CURE OF DEFAULT. That CITY shall, prior to formal declaration of default by CHAMBER as set forth above, provide to CHAMBER a period of time to address and cure any claimed default. That CHAMBER shall have a period of sixty (60) days from written notice to cure the claimed default. Such time may be extended as reasonably necessary, in the sole discretion of the CITY. MEDIATION. In the event that the parties are not in agreement as to any claimed default by CHAMBER in performance of this lease, the parties, upon written request of either, shall sit down and mediate the issues, to come to an understanding. The parties shall be represented at this informal mediation by the City Administrator, one City Councilman, president of the Chamber, and one other representative as they may appoint. SURRENDER OF PREMISES. CHAMBER shall surrender the premises to CITY upon the earliest of the following: a. Upon any default by CHAMBER of any provision of this lease, within sixty (60) days of written notice thereof. b. At the conclusion of the rental period hereunder. ASSIGNMENT. This lease is not assignable by CHAMBER without written permission of CITY. SEVERABILITY. If any part of this Lease Agreement shall be construed to be unenforceable, the remaining parts shall remain in full force and effect as though any unenforceable part were not written into this Lease Agreement. TERMINOLOGY. Whenever used herein, the terms "CITY" and "CHAMBER" shall be construed in the singular or plural as the context may require or admit. APPLICABLE LAW. This Lease Agreement is to be construed according to the laws of the State of Florida, venue being Okeechobee County, Florida. CAPTIONS. Captions and headings in this Lease Agreement are for convenience only and shall not be relied upon in construing the meaning of this Lease Agreement or any of its provisions. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Page 14 TYPEWRITTEN OR HANDWRITTEN PROVISIONS. Typewritten or handwritten provisions, either as additional terms and conditions or alterations to existing terms and conditions, shall control all printed provisions in conflict with them. TIME OF ESSENCE. Time is of the essence in this agreement. FORBEARANCE NO DEFENSE. It shall not be a defense to termination of this lease that CITY has at one time agreed to forebear any right of CITY hereunder, or had allowed CHAMBER more time to comply with any term of this lease, or to pay rent, or any other courtesy granted to CHAMBER. ENTIRE AGREEMENT. The foregoing constitutes the entire Agreement between the parties and maybe modified only by a writing signed by both parties. RECORDING DOCUMENT. This agreement may not be recorded in the public records, Okeechobee County, Florida. RIGHTS AND IMMUNITY. Nothing in this agreement, either written, implied or construed, shall in any manner abrogate, limit, expand or affect in any manner the rights and privileges of sovereign immunity provided to the City of Okeechobee by Florida statutes as written or hereafter amended. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day and year first above written. Witness as to CITY: Witness as to CHAMBER: STATE OF FLORIDA COUNTY OF OKEECHOBEE Before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , to me personally known or identified to me by the following form of identification: , know to me to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. Witness my hand and official seal in the County and State last aforesaid this day of , 2012. NOTARY PUBLIC Page 1 5 TYPEWRITTEN OR HANDWRITTEN PROVISIONS. T— " itten or handwritten provisions, either as additional terms and cone'* s to existing terms and conditions, shall control all printei - _ ��� j b L em. TIME OF ESSENCE. Time is of the es e J P1 FORBEARANCE NO DEFENSE. It shyVj 1 `„' ion of this lease that CITY has at one time agreed to fc Uj M reunder, or had allowed CHAMBER more time to comply case, or to pay rent, or any other courtesy granted to CHAMBi ENTIRE AGREEMENT. The foregoing constitutes the entire Agreement between the parties and may be modified only by a writing signed by both parties. RECORDING DOCUMENT. This agreement may not be recorded in the public records, Okeechobee County, Florida. RIGHTS AND IMMUNITY. Nothing in this agreement, either written, implied or construed, shall in any manner abrogate, limit, expand or affect in any manner the rights and privileges of sovereign immunity provided to the City of Okeechobee by Florida statutes as written or hereafter amended. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day and year first above written. Attest: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Witness Signature Printed Name: _ Address: Witness Signature Printed Name: _ Address: STATE OF FLORIDA COUNTY OF OKEECHOBEE AS TO THE CITY OF OKEECHOBEE: James E. Kirk, Mayor AS TO THE CHAMBER: JD Mixon, President Robert Lee, Secretary The foregoing instrument was acknowledged before me this day of , 2012, by JD Mixon, President and Robert Lee, Secretary of the Chamber of Commerce of Okeechobee County. They are personally known to me or has produced as identification. NOTARY PUBLIC Page I5 `-Pe VIst d Pui e