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2005-05-24 BOA . . Oh BK 00530 PG 1971 remainder of this Declaration. and each and all of its terms and provisions not so adjudicated to be invalid or unenforceable, shall remain in full force and effect, and each an all of the paragraphs, initial platted parks, terms, provisions, or parts of this Declaration are hereby declared to be severable and independent of each other. PARAGRAPH X. Amendment to Protective Covenants, Restrictions, Reservations, Servitudes, and Easements D~1arant shall have the right to amend this Declaration so long as such amendment is not inconsistent with or delude the overall plan or protection. IN WITNESS WHEREOF, the Declarant has signed and sealed this Declaration on the ~ day of LfYtru.r. ' ,2004. .. t, ' \ .. ~ ) , t : : I I I ; I... . I ,'," C ! 1" I. ,., . ., '. I ...~ ~"'.. ,"/ .... .~. ,',".:'~. ')} ..,,-.....,\..,:. :;' -r(.:. . '\ '-.: .' . . .' .; .'- .: " } l ,I fl, : 0 ::: ~ 0 : '!'~ '........ -"--Oo \\ : :;"""= .. ............ ,..../... . 7.") '. " Ii..: rr, .:.: . .' ......~.'. "" ',: ,...., O' ;,~' . ".' "{ .. .~.. C'" "I" w ~ " "':,-:' ~ . . ~ '! <:)~/ ATTEST:,,,,;;,,"'" " >J< {)Ix p. rI-f_ IMrr0 ilnedamiotea, ~f/ OKEECHOBEE Cm COUNCIL FOR CITY OF OKEECHOBEE, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY '-- XJ21l\K (~ John R Cook, City Attorney Page 20 of 21 May 24, 2005 - Design Review Board - Pa e 2 of 3 IV. NEW BUSINESS - City Attorney/Interim City Administrator, John Cook. A. Discussion regarding the Industrial Park's Deed Restrictions. Katrina Cook, Board Secretary, briefly described a memo submitted by Attorney Cook related to the maximum height allowed within the Industrial Zoning District and the Industrial Park Deed Restrictions. . Board Member Hoover stated that she was concerned with the height being allowed on all Industrial Zoned Properties. She explained that there are several stand alone properties that are zoned Industrial that are located next door to Residential property. Board Member McCoy explained that if the height requirements were for the Industrial Park only it wouldn't be a problem; however, he is concerned with the areas that are zoned Industrial outside of the Industrial Park. After a brief discussion between the Board Members, it was apparent that further explanation was needed from Attorney Cook. The Board Members decided that it would be best to table the petition since Attorney Cook was not present to explain the request, and the matter could be discussed further at the Design Review Board Meeting next month. The Board Members did not want to make a recommendation to the City Council to amend the Industrial Park Deed Restrictions without further discussion related to the proposed amendment with Attorney Cook. . Board Member McCoy motioned to table the discussion related to amending the Industrial Park Deed Restrictions specifically related height limitations; seconded by Board Member Hoover. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCoy - YEA MOTION CARRIED. V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Design Review Committee with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. There being no further items on the agenda, Chairperson William Ledferd adjourned the Design Review Board meeting at 7:27 p.m. jL . ATT~ COOlU Katrina Cook, Secretary . . . PAGE -1- CITY OF OKEECHOBEE - MAY 24, 2005 - DESIGN REVIEW BOARD. HANDWRITTEN MINUTES I. CALL TO ORDER . Chairperson: May 24,2005, Design Review Board Regular Meeting 7:15 p.m. II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE. Secretary. Pres~nt Absent Chairperson William Ledferd Vice-Chairperson Dawn Hoover Board Member Kenneth Keller Board Member Thomas Keller Board Member Christopher Mavroides Board Member Devin Maxwell Board Member Douglas McCoy Alternate Terry Burroughs -\O\!YV:\', ,1\ e.Jv\.,\)lJ'l Alternate John Whidden 'Attorney John R. Cook 'Secretary Katrina Cook D-t I Of'fl <:- r~DdUl~ m011a> -tD ciwP-Lh~ wi of- rYlUlLLtLS . . PAGE -2- III. New Business - City Attorney. A. Discussion regarding the Industrial Park's Deed Restrictions. " r ~LOffirrt.UldctnQf1 -to CC- 3 P-.e6lf( ca l L"-1 ,. r UCt tLd -to YLtU:~hA 9 lLM u UL tlu, Lvtct LtS +nttl PCLt.l \at rro cttfu.- oJ '" to l,QO \ ~LhltD0 s€. 15 qrahfcd Up +0 (0:/( .,,0l- C-OntLlNd vv/hL\Qh+ o~slqns VL (0 rl/U'YLtX cia~ JL - rQ-tcrrl no, ita IndustnCl-\ on ~ i. OH - COr$5xnld Wi hLlqh+ L() sUrroundLnq i Ute\. -zonUlqs -no+ dUU+ lY1.. Lnd Pcu..G "[ ulll - ,.! I .; ,1000c- V~nl\ no-\ JLD-+- UQtt Gt OJ If-S LrrnJ- I f 3 e.. Ov Q,/~ UJo.,-t? , cmc.un wt \nd b\dqs ~\ctQ o? \ nctus1-nA\ PClfLC OtLhq talQLt -th0J\ UO H. . . Pa~ d-- A- [n\c LniustnO-l dJl~ \J\ Ihd (lnre, $~QLLlclrf+ 0( Cl pmWfrl- i hOvUQAJVl coWct Qt an lSS~ce w 1 \ nd ~LlK + To Vk2S rduL-hal L ,DJ1L ffiQlIOf'\ -to -tab~) DH :5(con~. ... , i ~ ~ t i i :11 li . . PAGE -3- V. ADJOURNMENT - Chairperson Ledferd at 1'. '?'l p.m. CITY OF OKEECHOBEE DESIGN REVIEW BOARD MEETING MAY 24, 2005 OFFICIAL AGENDA PAGE 1 OF 1 I. CALL TO ORDER: Design Review Board, May 24,2005,7:15 p.m. - Chairperson. II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary. . Chairperson William Ledferd Vice-Chairperson Dawn Hoover Board Member Kenneth Keller Board Member Thomas Keller Board Member Christopher Mavroides Board Member Devin Maxwell Board Member Douglas McCoy Alternate Terry Burroughs Alternate John Whidden Attorney John R. Cook Secretary Katrina Cook III. MINUTES - Secretary. . A. Motion to dispense with the reading and approve the Summary of Agency Action for March 22, 2005 regular meeting. IV. NEW BUSINESS - City Attorney/Interim City Administrator, John Cook. A. Discussion regarding the Industrial Park's Deed Restrictions. V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Design Review Board with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, Tapes are for the sole purpose of backup for official records ofthe Department of General Services, . . City of Okeechobee Bill L. Veach Office of the City Administrator May 24, 2005 MEMO Zoning/planning board Meeting May 24, 2005 In the event I am unable to attend tonight's meeting, I have prepared this memo on the two items I requested for the agenda: 1. The original comprehensive plan stated that certain potable wellhead protection zones would be incorporated into our LDR's, and it provided for a 1000' zone of protection, with no development permitted within 300' of a well. For some reason, in the definition of wellhead protection in our LDR's, we inserted a zone of protection of ~ mile. Therefore, I request that the board recommend to the city council that the LDR definition be amended to match the original comprehensive plan definition. II. The second area is height limitations in industrial zoning category. I recollect that you already recommended to the council that this be done. You may recall that in industrial zoning, which includes our industrial park, limitation is 45 feet, but up to 100' ifno workers are on-site. Our deed restrictions applicable at the park have a 45' height limit. I do not think I was specific enough last time; I am requesting that you recommend to the city council the following amendment to industrial zoning district: a maximum height limit of 60 feet unless a special exception is granted of up to 100 feet in height. It will be necessary to amend the deed restrictions also, but the city council can direct that to be done. J. coor-- 55 S.E. Third Avenue · Okeechobee, Florida 34974-2932 · (863) 763-3372 · Fax: (863) 763-1686 ~ ; . IIII"~ ..'11I111111111I11111111111111111I1111111111 FILE::: 2004008481 OR BK 00530 PG 1952 DATE: 05/0712004 04:25:08 PI1 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDING FEES 96.00 RECORDED BY M Anuez DECLARATION of Protective Covenants, Restrictions, Reservations, Servitudes and Easements Affecting OKEECHOBEECOMNmRCECENTER THIS DECLARATION is made by City Council City ofOkeechobee, Florida, (hereinafter referred to as "Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of certain real property located at OKEECHOBEE COMMERCE CENTER in the City of Okeechobee, State of Florida, and WHEREAS, the real property is more particularly descn'bed by the plat thereof; incorporated herein, as recorded at Plat Book 7, Pages 10 - 14, Public Records Okeechobee County, Florida. WHEREAS, Declarant is desirous of subjecting certain real property to the protective covenants, restrictions, reservations, servitudes, and easements hereinafter set forth, each and all of which is and are for the benefit of said property and of each present and future tenants thereof, or any part thereof. WHEREAS, the purpose of these Covenants and Restrictions is to establish uniform standards of development quality for Light Industria~ Commercia~ Research, and Office Park known as OKEECHOBEE COMMERCE CENTER. NOW THEREFORE, Declarant does declare that certain real property be subject to the covenants, restrictions, reservations, servitudes and easements hereinafter set forth as follows: PARAGRAPH I. Definitions, Property Rights, Covenants for Maintaining Assessments, Maintenance and Repairs; Architectural Control, and Application of Environmental Protection 1. DEFINITIONS The following words, when used in ,this Declaration shall have the following meaning: A. Industrial Park shall mean the "OKEECHOBEE COMMERCE CENTER". Industrial Park shall initially consist of those lots as indicated on the plat attached as exhibit "A"; which Industrial Park may be expanded by the addition of one or more similar tracts of lands ("Additions") which may be developed by the Okeechobee City Council, as more particularly provided in this section. Page 1 of 21 . '. OR dK 00530 PG 1953 1. Each Addition shall be contiguous to either the initial platted parcels, or a prior Addition to Industrial Park. As used herein, the term "contiguous" shall be used to descnbe two properties which have a common boundary line or which are separated by one or a combination of streets, roads, highways, sidewalks, pathS, alleyWays or other thoroughfares, together with medians and other dividers. 2. Each Addition shall have a name which includes the name "OKEECHOBEE COMMERCE CENTER", and additional words which distinguish the Addition to Industrial Park from the initial platted park and the other Additions to Industrial Park such as ''First Addition""Second Addition", etc.. 3. The Declaration of Covenants and Restrictions with respect to the Addition shall be in substance substantially the same as the Declaration with respect to the Initial platted park, unless approved by the Okeechobee City Council. As used in this Declaration the terms "Plat" and "Declaration" shall include not only the original of a Plat or Declaration, but also any and all amendments thereto. B. Common Area shall mean and refer to all real and/or personal property which the City Council City ofOkeechobee, Florida own and will for the common use and enjoyment of the grantees, tenants, or lessees ofOKEECHOBEE COMMERCE CENT~ and all real and/or personal property within or in the vicinity of the Initial platted park in which the City of Okeechobee has an interest for the common use and enjoyment of the grantees, tenants, or lessees ofOKEECHOBEE COMMERCE CENTER, including without limitation, a right of use (such as, but not llinited to, easements for surface water collection and retention). The use of the Common Area shall be restricted to park landscape, entry features, directional graphic system. drainage, landscape medians, security, safety, pedestrianlbicyclepaths, roads, project lighting and recreational purposes or any other use to which a majority of the grantees, tenants, or lessees of the OKEECHOBEE COl\1MERCE CENTER may accede, but shall not include any lots' owned by the City of Okeechobee that remain unsold or not leased to any grantee, tenant or lessee. C. Lot shall mean and refer to any parcel of the Property in the Initial platted park, together with any and all improvements thereon, and identified as such on the Plat, on which and industrial, office or other structure according to the terms of this Declaration could be constructed whether or not one has been constructed, and shall include any "combination lot" described herein. D. Initial platted park or Property shall mean and refer to all properties which are subject to this Declaration, more specifically descnbed in Exhibit"A';. II. PROPERTY RIGHTS Every grantee, tenant, or lessee shall be subject to these restrictions, as well as each assignee or successor in interest of such grantee, tei1ant, or lessee. Every grantee, tenant or lessee shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title of portions of the Property, subject to the following: Page 2 of 21 L . _.K 00530 PG 1ge4 A. Rules and regulations governing use and enjoyment of the Common Area adopted by the City; and which may be amended from time to time upon reasonable notice to each owner or lessee. and B. Restrictions contained on any and all plats of all or any part of the Common Area or filed separately with respect to all or any part of parts of the Property. C. In the event the owner of a parcel{s) within the industrial park designated as such on the records of the Clerk of Court Okeechobee County, Florida elects or should sell or transfer the parcel{s) by deed to another person or entity, including all improvements thereon, said owner shall, prior to consummating such sale or transfer, first notify the City of Okeechobee of its intent to so sell or transfer the property, and the City of Okeechobee is herein granted right of first refusal to purchase the parcel and all improvements thereon. The owner shall produce a contract for sale and purchase which it has negotiated with a buyer in good faith and in which the total purchase price is set forth for the land and all improvements thereon, and any other particulars of the proposed sale. The city reserves the right to inquire into the validity and arms-length dealing in the contract for sale, and shall notify owner within thirty (30) days as to whether it intends to enter into a written agreement with owner to exercise its right of first refusal and purchase the property. If such. right is not exercised by the city, the owner is free to proceed with the sale to its proposed buyer, said sale subject to these deed restrictions and other applicable local, state orfederal regulations. D. Regardless of the city's right of first refusal to purchase,' the sale, assignment or lease of a parce~ or a parcel and business located thereon in the industrial park is further first subject to review and approval by the City of 01<<:echobee, to determine the nature of the business proposed at the site. Such apProval shall not be unreasonably withheld and its purpose is to assure compliance with these deed i'estrictions~ and to ensure the creation of jobs, promote the economic vitality of the city, and to comply with all applicable state or federal grant funding requirements. Every owner, tenant or lessee of a parcel in the industrial park shall notify the City of Okeechobee in writing at least sixty (60) days prior to a proposed sale, lease, or assignment of a p~cel or a parcel and business located thereon for investigation under this part and approval by the city. The city reserves the right under this section to compel assurances of compliance with these restrictions herein by existing or proposed owners, tenants or lessees. E. No owner, tenant, employee, agent of an owner or tenant within the industrial park shall conduct the business or enterprise thereon in a manner to discriminate against any person or entity on account Qf race, religion, national origin or ethnicity. ill. COVENANTS FOR MAINTAINING ASSESSMENTS A. Creation of the Lien and Personal Obligation of Assessments. Each tenant, grantee, or lessee of any portion of the Property from time to time constituting a Lot, as said term is hereinabove defined (by acceptance of a lease for such portion of the Property, whether or not it shall be so expressed in any lease or other conveyance) including any purchaser at a judicial sale or other successor in interest, shall be deemed to covenant and agree to pay to the city any annual assessments or other charges, and any special assessments to be fixed, established, and collected from time to time as hereinafter provided. All such assessments, together with interest thereon from the due date at the maximum rate allowable by law and costs of collection thereof (including reasonable attorney's fees), shall be a charge on the Lot and shall Page 3 of 21 . OR" 00530 PG 1955 :;.. . ."/' be a continuing lien upon theL~t(~) against which each such assessment is made" and shall also be the personal obligation of the tenant, grantee, or lessee. No tenant, grantee, or lessee may waive or otherwiSe escape liability for the assessment provided for herein by non-use of the Common Area or by abandotunent. No portion of any Property which does not constitute a Lot as that term is defined herein will be liable for any annual or special assessment under this section. B. Purpose of Assessments. The annual and special assessments levied by the city shall be used exclusively for the purpose of promoting the health, safety, security, and welfare of the tenants, grantees, or lessees ofLots included in the OKEECHOBEE COMMERCE CENTER (the lDitiaI platted park and Additions) and in particular for the improvements and maintenance of the Common Areas ofthe OKEECHOBEE COMMERCE CENTER and of . any easement in favor of the city, including, but not limited to, the cost of, labor, materials, maintenance, and supervision thereOf, for the purpose of maintaining or improving the entranre-way and signage of the OKEECHOBEE COMMERCE CENTER, for pIanting trees and shmbbery and the care thereof within a public right-of-way, for improving and maintaining the entrance sign and landscaping, for routine maintenance of the drainagelswale system, for regular maintenance/mowing of vacant property and rights of way, maintaining lighting, as well as for such other purposes as are permissible activities of, and undertaken by, the City of Okeechobee; excluding however such 'maintenance as would be considered a capital improvement or major repair. C. Special Assessments for Capital Improvements and Major Repairs. In addition to any annual assessments, the city of Okeechobee may levy in any assessment year a special assessment, appliClllble to that year only, for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, unexpected repair or replacement of a capital improvement as appro "'led by the City Council City of Okeechob~, Florida, including the necessary fJXtures and personal property related thereto, so long as such assessment(s) are a benefit to the lot owner, tenant or lessee, and further provided that any such assessment shall have the assent of two-thirds (2/3) of the tenants, grantees, or lessees~ C~pital improvements and major repairs shall include but IDaY not be limited to paving or re-surfacing the streets and rights of way; ~ension or repair of wastewater Jines; extension or repair of the railway spur into the park; repair or replacement of the bridge entering the park across Taylor Creek; creating or improvement of drainage swales, ponds or ditches. D. Duties @fthe Okeechobee City Cowzcil. The City Council City ofOkeechobee, Florida shall tlX the date of commencement, and the amount of the assessment against each tenant, grantee, or lessee for each assessment period at least thirty (30) days in advance of such date or period and shall" at that time, prepare a roster of the Lots and assessments applicable thereto which shall be kept in the office of the Clerk of Court and shall be open to inspection by any tenant, grantee,. or lessee. Written notice of the assessment shall be sent to every tenant, grantee, or lessee subject thereto not later than seven (7) days after fixing the ~te of commencement thereof.. The amount(s) assessed for routine maintenance and repair,. or for capital improvements or majorrepairs, shall be the pro-rata expense .ofthe total cost of such installation, maintenance or repair, divided by the total acreage owned or occupied by a particular owner, tenant or lessee; i.e. if the entire acreage available for occupancy is 66 acres, and if the cost of the assessment is $500.00, and 6.4 acres is owned or occupied, the obligation of an owner, tenant or lessee shall be that sum divided by the total available acreage, and that sum multipJiied by the 6.4 acres owned or occupied, then the owner, tenant or lessee would in this Page 4 of 21 O. _..K ()0530 F'G :1956 example be asse6sed $7.57 per acre times 6.4 acres, equaling an assessment af $48.45. Any acreage, excluding the common areas, owned by the city, shall be included in the computation so as to require the city to. remain responsible far the amount of the assessment assigned ~o its awn acreage. The City shall, upon demand at any time, furnish to. any tenant, grantee, or lessee liable for said assessment, a certificate in writing signed by the Chairperson of the OkeeChobee City Council, or their designee, setting forth whether said assessment has been paid. E. Exempt Property. The Okeechobee City Council shall have the right to. exempt any property subject to. this Declaration from the assessments, charge, or lien 'created herein provided that such part of the Property exemp~edis used (and aslong as it is used) for any of the following purposes: 1. As an easement or other interest therein dedicated and accepted by the Okeechobee City Council and devoted to public use; 2. As CommonArea as defined herein; 3. As Property exempted from ad valorem taxation by the laws of the State of Florida, to the extent pern:litted by the tax assessor for Okeechobee County, Florida. IV. MAINTENANCE AND REPAIRS A. Tenant, grantee, or lessee will be responsible for the maintenance, repair, and upkeep of the premises and shall keep the premises, including the fencing, landscaping, gutters, downspouts, exterior building surfaces,' yard maintenance, and painting in good order and repair. The landscaping shall be installed and maintained in accordance with the Architectural Planning Criteria, a copy afwhich can be abtainedfrom the affice of the Okeechobee City Clerk. The city retains the right to. enforce such main.tenance and repairs by any lawful means, including code enforcement under ch. 162 Florida: Statute; abatement of nuisance; injunction, o.r other remedy as permitted by law. v. ARCHITECTURAL CONTROL A. Necessity of Architectural Review and Approval. No improvement or structure of any kind, including without limitation, any building, fence, wall, sign. site paving, grading, parking and building additions, alteration, screen enclosures, sewer, drain, disposal system, decorative building, landscal'ing,landscapedevice or object, or other improvc;ment shall be commenced, erected, placed or maintained upon any Lot or the Property, nor shall any addition, change o.r alteration therein or thereof be made, nar any initial platted park platting or replatting of any Lot or Lots, or the Property be made unless and until the plans, specifications, and location of the same shall have been submitted to and approved in writing by, the technical review committee which represents the interes'l:Softhe Ok.eechobee City Council in such architectural control. All plans and specifications shall be evaluated as to harmony of external design and location in relation to surrounding structures and topography and as to conformance with the ArchitecturalPlanning Criteria ofOKEECHOBEE COMMERCE CENTER, a copy of which may be obtained at the office of the City Clerk. Page 5 of 21 . . OR 3K 00530 PG 1957 B. Architectural Review Board. The architectural review and control functions of the Association shall be administered ax1d,p~ortll~~?'the technical review committee for the City of Okeechobee. At any time tlie dkeechbbee City Council has the right to appoint members of the Architectural Review Board. The Okeechobee City Council shall appoint at least one (1) Architect or Building Contractor to the Architectural Review Board. C. Powers and Duties of the Architectural Review Board. The Architectural Review Board shall have the following powers and duties. 1. To recommend from time to tUne, to the Okeechobee City Council modifications and/or amendments to the Architectural Planning Criteria. Any modification or amendment to the Architectural Planning Criteria shall be consistent with the provisions of this Declaration, and shall not be'effective until adopted by a majority of the members of the Okeechobee City Council at a meeting duly called and noticed and at which a quorum is present and voting and are present and voting. Notice of any modification or amendment.to the Architectural Planning Criteria, including a verbatim copy of such change or modification, shall be delivered to each member of the Association; provided that, the delivery to each member of the Association of notice and a copy of any modification or amendment to the Architectural Planing Criteria shall not constitute a condition precedent to the effectiveness or validity of such change or modification. 2. To require submission to the Architectural Review Board of one (1) complete set of all plans and specifications for any improvement or structure of any kind, including, without limitation, any building, fence, wall, sign, site paving, grading, parking and building additions, alteration, screen enclosure, sewer, drain, disposal system, decorative building, landscaping, landscape device or object, or other improvement, the construction or placement of which is proposed upon any Lot or Property in Initial platted park, together with a copy of any required govenimental permits.. 3. To approve or disapprove any improvement or structure of any kind, including, without limitation, any building, fence, wall, sign, site paving, grading, parking and building additions, alterations, screen enclosure, sewer, drain, disposal system, decorative building, landscaping, landscape device or object, or other improvement of change or modification thereto, the construction, erection, performance, or placement of which is proposed upon any Lot or the Property in the industrial park, and to approve or disapprove any exterior additions, changes, modifications, or alterations therein or thereon. VI. APPLICATION OF ENVIRONMENTAL PROTECTION In the recorded plat, there are identified wetlands, designated as enhanced wetland 2; enhanced wetland 3; created wetland 3; enhanced. wetland 4; and preserved. wetland 5. It is the intent of the Declarant to provide stringent protection of these sites in perpetuity, as recognized through a conservation deed executed in favor of South Florida Water Management District, or as hereafter modified by the District or other state or federal agency. As such, development within this mdustrial park, including the entire acreage, with the exception of the wetlands area shall be strictly regulated to Commercial uses. Special emphasis shall be placed on a campus design with office and appropriate business facilities with a setback of seventy-five (75) feet from identified wetlands to protect wetlands integrity. Furthermore, the seventy.five (75) foot set~ack shall serve as a buffer and be maintained in perpetuity as a conservation easement. This conservation easement shall not be disturbed Page 6 of 21 O. K 00530 PG 1958 or developed as part of the OKEECHOBEE CO:M:MER.CE CENTER. unless subsequently modified between the City and the appropriate state Ol" federal agencyex.ercisingjurisdiction over the park. In addition, the plat designates the size and location oflots numbered 6, 13, & 14 at the initial Northern boundary of the park as set forth on the plat, which lots are within the protected zone for wellheads as described in the city land development regulations, and which wells are owned by the Okeechobee Utility Authority. While the wells are presently capped, and further use is not anticipated, any development on these described lots shall not permit or use environmentally hazardous substances that may leach into groundwater, and all development on these lots shall be strictly regulated in the permitting process by the city of Okeechobee, and as set forth in sections 82-1 to 82.,.90, code of ordinances, and as hereafter amended, whose determination of environmental hazards shall be fina~ if not otherwlse iri conflict with state and federal regulatory agencies. PARAGRAPH n. Construction Uses Permitted and Prohibited 1. PLANNED INDUSTRIAL, RESEARCH AND DEVELOPMENT A. Pwpose a/Restrictions. The Planned Industrial, Research and Development in the industrial park is intended to provide lands for the purpose of business and industry which support the economic base of the City and contnbute to its economic growth and self-sufficiency. Permitted uses are intended to include those businesses and industries primarily involved in the distClbution of goods and services outside of the vicinity of Okeechobee County. The nature of uses shall mclude research, development, and manufacture of products making use of processes of manufacturing not likely to be objectionable to neighboring properties. The development standards of this district are intended to result in an open, uncrowded and attractive appear~ce through various site design standards. To the extent that these restrictions conflict with, or are more stringent than, city zoning and land use regulations, these deed restrictions shall take precedence over such ordinance, but only in the area set out in exlnoit ",N', and as hereafter amended or enlarged by addition. B. Uses permitted. No building or structure, or part thereof, shall be erected, altered, occupied or used, or land or water area occupied or used, in whole or in part, for other than one (1) or more of the following general uses. Unless otherwise specified, all uses shall be conducted entirely within an enclosed building. (The listing of sPeQific uses under the generalized use categories are intended to be illustrative rather than all inclusive.) 1. Manufacture of products such as: Computer components; · Robotics; · Food processing and packaging, including aquiculture product processing; · Apparel related products; , · Manufacture of finish wood products; Manufacture of concretelmasonary products; Fiberglass/resin/injectioil molding processes; · Furniture, fixtures; · Assembled paper products; · Formulation and packaging of drugs, cosmetics, soap; · Fabricated metal products; Light manufacturing or machinery; Page 7 of 21 ~'''''''''----'--~''''''''"'~''''''""''"''''''"'''-''""-'''~~'.-''-''''''''" . OR '- 00530 PG 1959 · Electrical equipment and components; Transportation parts .and small equipment; · Electronic systems, components and peripherals; · Optics; '. Aerospace composites; · Integrated circuits; · Ceramics; · Consumer electronics; · Manufacturing technology; · Semi-conductor equipment; · Image recognition; · Medical devices. 2. Educational, scientific, industrial, and manufacturing research and development such as: · Computer software 'development; · Artificial intelligence; · Medical technology; · Research and testing laboratory. 3 . Warehouse and storage buildings, . excluding hazardous or' flammable substances unless permitted by special exception in industrial zoning category; 4. Corporate or business offices which serve or represent other specifically permitted industrially related uses. 5. Sales, rental, and display of the following: · Construction equipment; · Machinery; · Monuments; · Restaurant, hotel and store supplies, fixtures and equipment; · Swimming pool supplies; · Welding equipment and supplies; · Electronic supplies; · Medical and dental equipment and supplies; Photographic equipment and supplies; · Tires and batteries; · Sign painting; · Glass and mirrors. 6. The following services and trade establishments provided that they do not offer retail services on the same premises. Conditional Approval may be obtained for retail services per Section C. · Bookbinding; · Bakery; · Cutting or blending of liquor; · Cheese. making; · Carpet and rug cleaning; Page 8 of 21 o K 00530 PG 1960 . Diaper service; Drapery and blind fabrication and service; · Egg storage, handling,. or processing; · Food catering; · Glass and mirror shop; · Hydroponic garden; Laundry; · Linen supply; · Machinery repair; · Magazine wholesale agency; · Motion picture studio; · Pattern making; · Printing, publishing, lithography, and engraving; · T 004 die, and gauge shop including the use of automatic screw machines; · Communication - information/data processing; · Telecommunication; · Exterminating; · Janitorial; · Boat building and repair; · Plumbing or electrical shop; · Manufacture of powder blends, potting compounds and plastisols; · Telephone exchange. 7. The following repair and shop uses: · Awning and canvas; · Carpenter and cabinet; · Contractor shop; · Locksmith; · Sharpening and grinding; · Electronic equipment repair; · Taxidermist; · Home appliance repair; · Upholstering shop; · Lawn mower and motorcycle repair; · Furniture repair. 8. Blacksm1;th and welding. 9. Accessory uses and structures; including temporary living quarters not exceeding eight hundred (800) square feet in area and two bedrooms, by special exception, as an accessory to a permitted use. 10. The storag~ of motor vehicles, recreational vehicles, boats, trucks and trailers. a. Storage of motor vehicles, recreational vehicles, boats, trucks and trailers subject to the following co~ditions. " . \ ~Page 9 of 21 -.~t . . OR ~K 00530 PG 1961 (1) New or usediItdtMvehicles, r~reationalvehicles, boats, trucks, and trailers, placed for storage shall occupy not more than one-half (~) of the lot on which the business is located. (2) Any business which permits the storage of motor vehicles, trucks, and trailers, recreational vehicles, and boats bearing signs, painted or otherwise affixed to the vehicles which signs advertise a franchiser or company name shall store such vehicle within a completely enclosed building or shall provide a vehicle storage area as set forth below. All motor vehicles, recreational vehicles, boats, trucks, or trailers bearing such signs must be stored within this vehicle storage area or in the enclosed building. (3) Vehicular storage areas must be screened on all sides providing for necessary ingress and egress by a solid eight (8) foot high masonry wall. The landscape area outside the wall shall consist of a two (2) foot high continuous hedge at the time of planting and a tree every twenty (20) feet with a minimum height of twelve (12) feet and a spread of six (6) feet at planting. (4) All maintenance, washing, and repair must be within the enclosed area. 11. Crating, packing, distnbution, shipping, and soft drink bottling, including warehouse and storage; 12. Auto towing subject to the following conditions: a. Vehicular storage areas must be screened on all sides providing for necessary ingress and egress by a solid eight (8) foot high masonry wall. The landscape area outside the wall shall consist of a two (2) foot high continuous hedge at the time of planting and a tree every twenty (20) feet with a minimum height oftwelve(12) feet and a spread of six (6) feet at planting. 13. Commercial transportation business including taxi dispatch, and bus and tram depot. C. Conditional uses. The following uses shall only be conditionally permitted in the industrial park subject to the procedures and requirements provided elsewhere in this Declaration and subject to the availability of sufficient fleXIbility for connnercial uses as permitted by the Comprehensive Plan. 1. All uses listed under Paragraph II, B. (6) which are open to the general public and offer retail services. 2. Health club and physical fitness facilities. 3. Stores which sell or rent new or used merchandise within an enclosed building, whether or not sold or rented to the general public. 4. Hotels and motels. Page 10 of 21 L.,K 00530 PG 1962 D. Uses prohibited. Except as specifically permitted in this division, the following uses are expressly prolubited as either priticipal or accessory uses: 1. Foundry. 2. Drop forging. 3. Paint or varnish manufacture, 4. Oil compounding or barrelirtg. 5. Die casting. 6; Livery stable, riding academy, or dude ranch. 7. Meat, poultry, fish. or slaughtering of same 8. Manufacture of asphalt, 'acids, carbon, disinfectants, poison, insecticides, and batteries. 9. No open air storage of bulk materials is allowed. This prob.1'bition does not apply to storage of these materials in a warehouse, or fully enclosed within a masonry wall at least six (6) feet in height. Stockpiles cannot be visible. 10. Institution for the housing, care, or treatment of sick, indigent, aged, or minor persons. 11. Any other residential use other than a permitted accessory use or use permitted by special exception. 12. Brewery. 13. Manufacturing or any storage of explosives. 14. Any business which is obnoxious because of dust, dirt, smoke, fumes, odors, noises, vibratioIl$, or radioactive wastes. 15. Motor fr~ght terminals. 16. Storage of motor vehicles, recreational vehicles, boats, trucks, trailers, farm equipment and parts thereof that would fit the definition of a "junkyard" as set forth in chapter 30, code of ordinances for the city of Okeechobee. . E. Height. No building or structure shall be erected or altered to a height exceeding forth-five (45) feet. F. Setbacks. 1. No building or roofed structure shall be located less than fifty (50) feet from any street line nor less than twenty-five (25) feet from any plot line other than a street Page 11 of 21 . OR'4l. 00530 F'G 1963 line. 2. No more than one-half (Y2) of the depth of any required setback area measured from a street line or plot line may be used for parking and such parking shall be located on the half of the required setback furthest from the street or front or plot line. The balance of the setback area shall be landscaped and used for no other purpose. 3. All required setback areas, except where used for permitted parking, shall be landscaped. A required landscaped area shall not be crossed by more than the minimum of walkways and driveways necessary for access to the building. 4. Signs, light standards, and fences shall be permitted in required setback areas as hereinafter specified. G. Fences and walls. All fences and walls shall be constructed of concrete, masonry, or metal. Metal fences shall be of the open-weave, chain-link type. Fences and walls shall not exceed ten (10) feet in height. Fences and walls shall not be located within any setback area on a street with the exception that a double frontage plot shall be permitted to contain fences and walls in the rear or secondary required setback area when provided with a twenty-five (25) planting area adjacent to the street landscaped in' Conformance with this Declaration. Notwithstanding the above, no fences or walls shall be located closer than fifty (50) feetto any right-of-way of eighty (80) feet or greater in width. H. Lighting. All necessary exterior lighting on the plot shall be so installed or shielded as not to cause any nuisance to adjoining residential areas. 1. Minimum landscaped open space. Eachplot shall provide not less than twenty perceD;t (20%) of its area in landscaped open space. J. Storage. There shall be no open outside storage of materials, supplies, products, equipment, implements, motor vehicles, or machinery, unless area used for such outside storage is effectively screened from direct view at ground level from any street or from adjacent property as set forth herein. K. Developmental standards. All developed property shall be landscaped, improved and maintained in full conformity with all applicable requirements of the land development code. All improved land shall be well-graded and free from underbrush and objectionable plant growth. The fifty (50) feet closest to any'public right-of-way shall be mowed periodically as necessary to control natural grass growth. The balance of the site shall be kept free of debris and shall not be used for storage or disposal of any objects or materials. All property sbaUbe kept clean and free from rubbish or debris. AIl planted and landscaped areas shall be maintained in a neat, orderly, healthy, growing and properly trimmed condition. All bui1~ and structures shall be kept properly painted, unless finished with color coating, and protected from deterioration and shall not be permitted to become dilapidated. All driveways, walkways, parking areas, storage, and loading areas of developed property '", Page 12 of 21 U. ......K 00530 PG 1964 shall be well-graded and surfaced with asphaltic concrete or other equivalent hard, dustless materials. All electrical, telephone, gas, or other utility connections, or extensions or re~location thereof shall be installed underground. L. Performance standards. 1. No building or structure, or part thereof, shall be erected, in whole or in part, that is obnoxious, objectionable,' a nuisance or a hazard to adjoining properties, as they relate to sound, VIbrations, odors, glare, radioactive materials, smoke and particulate matters. 2. Building facades facing roadways shall be designed to appear to be the fronts of buildings. This provision shall apply to comer and double frontage lots. M. Noise. Every use shall be so operated as to comply with the maximum performance standards governing noise described below. Objectionable noises due to intermittence, beat frequency or shrillness shall be mufiled or eliminated so as not to become a nuisance to adjacent uses. Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association. Along property line abutting a Along property line abutting an Oetave in bands residential district between 8:00 Industrial or Commercial district in cycles per A.M. and 6:00 P.M. * Maximum Maximum permitted sound level second. permitted sound level in decibels. in decibels. o - 75 72 79 75 ~ 150 67 74 150 - 300 59 66 300 ~600 52 59 600 ~ 1200 46 53 1200 ~ 2400 40 47 2400 ~ 4800 34 41 Over - 4800 32 39 * Penn1ssible sound level between 6:00 P.M and 8:00 A.M shall be decreased by 3 decibels for each of the Octave bands. N. Vibration. Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on the property line of the property on which the use is located. O. Smoke. Every use shall be so operated, as to prevent the emission of smoke, from any source whatever, to a density greater tbandescribed as Number 1 on the Ringlemann Chart, provided however, that smoke equal to, but not in excess of, that shade of appearance described as Number 2 on the Ringlemann Chart may be emitted for a period or periods totaling four (4) minutes in any thirty (30) minutes. For the purpose of grading the density of smoke, ,1tte Ringlemann Chart as published and used by the United States Bureau of Mines, and which is hereby made, by reference, a part of this Decl~ation, shall be the standard. All measurements shall be at the point of emission. P. Fumes, gases, vapors, dusts and acids. No person shall cause or allow the escape into the Page 13 of 21 . . O~ BK. 00530 PG 1965 open air of such quantities6ffu:irl~,egases~ vapors, dusts, and acids, in such place or manner as to cause injury, detriment, or nuisance to the public, or to endanger the peace, comfort, health or safety of the public, or in such manner as to cause or have a tendency to cause injury or damage to business or property. 1. Tests required Tests may be required by the Building Department for the purpose of the abatement of fumes, gases, vapors, dusts, odors, etc" or any other nuisance which may be present and which may come under the jurisdiction of the Building Department. Such tests shall be made by the owner or his authorized agent, and they shall be made in accordance with such procedures as may be accepted by a reputable and recognized authority such as; American Society of Testing Materials, U. S. Bureau of Mines, V. S. Public Health Service, the National Board of Fire Underwriters, or others. The choice of such authority shall rest entirely with the building department. Nothing in these rules and regulations regarding tests conducted by and paid for by the owner or his authorized agents shall be deemed to abridge the rights of the Building Department to conduct tests of these installations on behalf of the County. Q. Industrial sewage and waste. The use of septic tank systems for.discharge of effluent of every nature shall not be permitted within the industrial park. Every use shall be so operated as to prevent the discharge into any stream, lake, or the ground of any liquid, effluent, or waste which shall be dangerous or discomforting to persons or animals or which will damage plants or crops beyond the lot lines of the property on which the use is located, or which by its nature would be not permitted by the Okeechobee Utility Authority or its successor in interest into the solid waste/wastewater/sewerage system. R. Odors. The emission into the outdoor air of any fume, gas, dust, mist, odor, smoke, or vapor, or any combination thereof, of a character and in' a quantity as to be detectable by a considerable number of persons or the public, at any point beyond the property limits of the premises occupied or used by the person or persons responsible for the source thereof so as to interfere with health, repose or safety, or cause severe annoyance or discomfort, or produce irritation of the upper regulations. S. No person shall maintain or conduct or cause to be maintained or conducted, any parking lot or use any real property for a private roadway unless such real property is covered or treated with a surface or substance or otherwise maintained in such a manner as to mlnimh':e atmospheric pollution. T. Supplemental Development Regulations. In addition to architectural control requirements as adopted from time to time by the City of Okeechobee, the following additional standards shall apply: 1. Buildings. Buildings constructed on any Lot included in the initial platted park shall be a modern design and constructed of modern materials. Exterior walls of each building shall be finished with color-coated or painted steel panels, built-up concrete, or equivalent material such as concrete block with plaster or stucco finish, or brick. All exterior walls fronting on any street shall be aestheticapy pleasing, and if concrete block, shall be given a veneer of either stucco, plaster, wood, or similar covering. The gross area of any buildings located upon an~ lot shall be consistent with the Page 14 of 21 L ,K 00530 PG 1966 District within each phase. When the.construction of any building, is once begun, work thereon must be prosecuted diligently and completed within a reasonable time. If for any reason work is discontinued, and there is not substantial progress towards completions for a continuous three (3) month period, the Developer, or its heirs and successors, shall have the right to notify the Okeechobee City Council of its intention herein, enter the premises and take such steps as might be required to correct an undesirable appearance. 2. Loading, storage, and outside storage. Each parcel of the land devoted to site development shall provide sufficient on.site loading facilities to accommodate site activities, and all loading movement, including turn.arounds, shall be made off of the public right-of.way. Loading docks shall be located. and screened so as to minirni7:e their visibility from any street or other right-of-way. Screening of service areas, loading docks and so forth may consist of any approved combination of earth mounding, landscaping, walls and/or fencing. No materials, supplies or equipment shall be permitted to remain outside of any building, unless approved by the Architectural Review Board".in writing, in advance. However, tanks, motors, and special industrial equipment will be permitted to remain outside of any building as long as they are screened from the street and surrounding property, or in designated areas approved by the Architectural Review Board. Rubbish and garbage facilities shall be screened so as not to be visible from any street or right-of-way. The maneuvering of trucks and trailers shall be confined to the extent practicable, to the lot included in, the Initial platted park where the trucks and trailers have business. To the extent possible, all loading and unloading of trucks and trailers shall be done on the premises of the lot and not within the streets, and regular loading areas and facilities shall be located other than on the street side of the buildings and not be visible from the street to the extent practicable. Bulk. storage of liquids, including gasoline, fuel oil, other petroleum products and other liquids, shall be stored inside buildings or in underground containers located at a depth and area approved by the Building Department All storage shall be in compliance with applicable governmental. laws and regulations. 3. Site furniture. Site furniture and mechanical equjpment visible from a street shall be considered as landscape elements, and all site fipniture, including exterior lighting fixtures, shall be subject to the approval. of the Architectural Review Board as elsewher~ herein provided. ' 4. Cwb cut-f. It is intended that curb cuts on boundary streets be rninirni7.ed. Curb cuts on boundary streets shall be at least one hundred (100) feet apart (center spacing), at least fifty (50) feet from any street intersection, ~d a maximum of twenty-four (24) feet in width, unless approved by the Architectural Review Board in writing, in advance. Joint curb cuts may be developed to serve abutting parcels and are favorably encouraged. 5. Building/m~chanical equipment. All mechanical equipment, servicing buildings, including. roof mounted equipment, shall be enclosed or screened so as to be an integral part of the architectural design. 6. Site grading. Site grading shall be subject to the approval of the Architectural Planning Criteria. ' Page 15 of 21 ~~"'-''''''~''''"''''-~'''''''''~'''_''_'_="_"'''N'"",,~.~~,,,,__"..,'"__...~,_,~. . OR" 00530 PG 1967 7. Parking. Parking on"ilie streets mtbe initial platted park, or on additions thereto, is strictly prombited. All parking within the initial platted park or additions thereto shall only be in designated and paved parking areas, according to design standards in effect in the city. 8. Streets. All streets and roads shall be dedicated to the public. 9. Signs and graphics. Signs and sign location within OKEECHOBEE COMl\.1ERCE CENTER shall be subject to the review of the Architectural Review Board and shall conform to the Architectural Planning Criteria and applicable Land Development Regulations and City Codes. To minimi7.e any detractive effects upon building appearance and landscaping which may result from the erection of signs within the initial platted park, signs shall be located flush on building exterior walls not perpendicular to the wall surface; lettering may not be larger than four (4) feet high; flashing signs, scrolling message signs, banners, or other sign not permanently affixed of any kind are not permitted; and all signs shall conform to the applicable sign regulations ofOkeechobee County, Florida as the same now exists or as the same has been or mayherea:fter be amended. 10. Exterior lighting. Exterior lighting is subject to the review of the Architectural Review Board and should be in conformance with the Architectural Planning Criteria and applicable cityIand development regulations and codes. 11. Landscaping. All landscaping is subject to the review of the Architectural Review Board, and should conform to the Architectural Planning Criteria, and applicable city land development regulations and codes. 12. Utilities. All electrical and telecommunication transmission lines within the initial platted park other than those existing on the date of this Declaration and those hereafter installed by the Developer shall be installed and maintained underground. The availability of water and wastewater service to the industrial park is subject to the regulations and requirements of the Okeechobee Utility Authority, or its successor in interest. 13. Rail Spur: The industrial park may be served bya rail spur adjacent to the railroad right of way designated as Seaboard Railway on the plat of the park; said spur is located at the Southwestern portion of the park. Its availability, use and extension throughout the industrial park are uncertain, and no right or representation is made as to its use by OWllersor tenants of the park. For those lots that may acquire use of the spur, such use is subject to the codes and regulations of the City ofOkeechobee, and the railway company then operating the adjacent track leading to the spur. The City reserves the right to extend.orpermit extension to the rail spur throughout the park, arid any cost assessments therefore shall be limited to those lot owners, tenants or lessees who directly benefit from .the spur by actual use of railway transportation for goods and services in the conduct of their business within the park. 14. Maintenance. Buildings, landscaping, and other improvements shall be continuously maintained so as to preserve as well kept app~anCe especially along the perimeters of any Lot or other property. The Association shall from time to time inspect site and landscape maintenance, and if not satisfied with the level of maintenance on a site, shall notifY the owner in writing. If within fIfteen (15) days from notification, Page 16 of 21 t "~.' ..:"..". O....K 00530 PG 1. 968 maintenance has not been brought to acceptable standards in conformance with the following maintenance standards, the Association may order the work done at the tenant's, grantee's, or lessee's expense and may treat the charges as an assessment. The maintenance standards are as follows: 1. Trash. All trash and garbage shall be placed. in designated containers, or within the tenant's, grantee's, or lessee's contained service area and all trash areas shall be screened and,properly landscaped; The size of containers shall reflect the capacity of the local agencies for trash removal. Yards and landscape areas will be kept free of trash, leaves, and dead landscaping materials. 2. Landscaping. All landscaping areaS including sodded areas, shall be regularly irrigated as required and shall receive regular maintenance including trimming, minimum ferti1:ization to protect wetlands, mowing and replacement of diseased plant materials, as required. All irrigation systems shall be underground, automatic, kept in good repair, and shall not discolor any wall, sign surface or other structure. Perimeter landscaping shall be maintained so as to avoid blight and preserve the beauty, quality, and value of the initial platted park, and to lllaintBlua uniform and sightly appearance. The area between the building and the street shall, be used for open landscaping and green areas to the . greatest extent possible, taking into account necessary parking; All landscaping shall be completed within ninety (90) days of the issuance of a Certificate of Occupancy with respect to the building' constructed or erected on any lot and shall be subject to the approval of the Building Department. 3. Parking lot and sidewalk All parking lot, sidewalks, and other hard surface areas shall be swept and cleaned regularly and cracks and damaged areas of sidewalks shall be repaired or replaced as required. Damaged or eroding areas of the asphalt parking surface shall be replaced as required and an overall resurfacing of the parking area will be done as necessary. Broken bumper stops and/or curbing shall be replaced as required and drainage inlets, storm sewers and any surface drainage facilities shall be maintained in good repair and shall remain clear of debris so as to enable the proper flow of water. Each tenant, grantee, 'or lessee shall provide adequate off-street motor vehicle and trailer storage for the t~t' s, grantee's, or lessee's needs, but, in any event, no less than that required by governmental regulations and requirements. All driveways and parking areas shall be constructed or asphalt or concrete product. 4. Lighting. Levels of light intensity in the parking areas of all exterior walkways shall be maintained at safe levels and bulbs shall be replaced expeditiously as failure occurs. Light standards shall be maintained in good repair and shall be kept functional at all times. 5. Insurance. 1. Casualty insurance: All buildings and insurable improvements erected in the park shall be insured for fire and extended. coverage perils, excluding foundation and excavation costs, at their maximum insurable replacement Page 17 of 21 ''''''''''''~'''''''*'''.'~',""",-''',"._,,,,,-_...,,..,,....,,_._.,.,_.....,. .l . O~ BK 00530 PG 1969 -. , , value, and all personal property located therein. including garage or bailee coverage. 2. Public liability insurance: The owner or tenant shall obtain public liability and property damage insurance covering the property and all improvements thereon in such sums as may be set by ordinance or resolution of the City of , Okeechobee. 3. Workmans Compensation: The owner or tenant shall obtain workmans compensation coverage for its activities as provided by law and ch. 440 Florida Statutes and as amended. 4. Flood Insurance: The owner or tenant is subject to obtaining flood insurance in the event the industrial park is or becomes designated by FEMA or other federal agency as being within a recognized flood zone. PARAGRAPH m. Easements, Reservations, Rights-of-Way and Additional Restrictions 1. Easements, reservations and rightS-of-way may be reserved by Declarant on or over said property or any portion thereof in any contract or deed hereafter made. 2. Declarant may include in any contract or deed hereafter made, additional protective covenants and restrictions not inconsistent with those contained here. 3. No other structure permitted by this Declaration shall be built, erected, or maintained upon any suc~ easements, reservations or rights-of-way, and said easements, reservations or rights-of-way shall, at all times, be open and accessible to utility corporations who have obtained the written permission of Declarant, who shall have the right of ingress and egress thereto and therefrom, and the right and privilege of doing whatever may be necessary in. under, or upon said locations for the carrying out of any. of the purposes for which said easements, reservations, and rights-of-way are reserved or may hereafter be'reserved. PARAGRAPH IV. Scope of Covenants, Restrictions, Reservations, Servitudes, and Easements All of the covenants, restrictions, reservations, servitudes and easements set forth in this Declaration are imposed upon said property for the direct benefit thereof and of the City of Okeechobee, Florida thereof as a part of the general plan of the development, improvements, and maintenance of said property. Each grantee, lessee, tenant, assignee or successor in. interest accepts the same subject to the covenants, restrictions, . reservations, servitudes and easements set forth in this Declaration, and agrees to be bound by each such covenant, restriction, reservation, servitude and easements. PARAGRAPH V. Violations of Covenants, Restrictions, Reservations, Servitudes and Easements A breach or violations of any of the covemints~ restrictions, reservations, servitudes and easements shall give to the Declarant the right to immediate entry upon the Property upon with said violation exists, and Page 18 of 21 L ,_JK 00530 PG 1970 summarily to abate and remove, at the' expense of the owner thereof, any erection, structure, building, thing or condition that may be or exist thereon contrary to this Declaration, and to the true intent and meaning of the provisions hereof, and the Declarant shall not thereby be deemed guilty of any manner of trespass for such entry, abatement, or removal, nor shall the Declarant be liable for any violation of any covenant, restriction, reservation, servitude and easement hereof, whether such covenant, restriction, reservation, servitude and easement is violated inwhole or in part, is hereby declared to be and to constitute a nuisance, and every remedy allowed by law or equity against a nuisance, either public or private, shall be applicable against any such owner or any parcel, and many be prohibited and enjoined by an injunction. Such remedy shall be deemed cumulative and not exclusive. Where an action, suit or other judicial proceedings is instituted or brought for the enforcement of these covenants, restrictions, reservations, servitudes and easements, the losing party in such litigation shall pay all expenses, including a reasonable attorney's fee, incurred by the other party in such legal proceeding. PARAGRAPH VI. Right to Enforce The provisions contained in this Declaration shall bind and inure to the benefit of and be enforceable by the Declarant or their legal representative, to enforce any of such covenants, restrictions, reservations, servitudes and easements herein contained shall, in no event, be deemed a waiver of the right to do so thereafter, unless otherwise herein provided. PARAGRAPH VB. Assignment of Powers Any and all. rights and powers and reservations of the Declarant herein contained may be deeded, conveyed or assigned to another corporation, co-partnership, . or individual and upon such corporation, co- partnership, or individual evidencing its consent in writingto accept such assignment and to assume such duties and powers, providing always that,shall operate the industrial park for *" primarily public and not private purpose; and it shall, to the extent of such deed, conveyance or assignment, have the same rights and powers, and be subject to the same obligations and duties as are given to and assumed by Declarant herein and thereupon Declarant shall be relieved of the performance of any further duty or obligation hereunder to the extent of such deed, conveyance or assignment. PARAGRAPH vm. Marginal Notes and Headings ofParagrapbs The marginal notes and headings as to the contents of particular paragraphs are inserted only as a matter of convenience and for reference, and in no way are, or are they.. intended to be, a part of this Declaration, or in any way define, limit, and descnbe the scope of intent of that particular section or paragraph to which they refer. PARAGRAPH IX. The Various Parts of This Declaration are Severable In the event any clause, initial platted park, term, provision or part of this Declaration shall be adjudicated by Final Judgement of any Court of competent jurisdiction to be invalid or unenforceable, the Page 19 of 21 e . Oh BK 00530 PG 1971 reruainder of this Declaration. and each and all of its terms and provisions not so adjudicated to be. invalid or unenforceable, shall remain in full force and effect, and each an all of the paragraphs, initial platted parks, terms, provisions, or parts of this Declaration are hereby declared to be severable and independent of each other. PARAGRAPH X. Amendment .to Protective Covenants, Restrictions, Reservations, Servitudes, and Easements . . D~1arant shall have the right to amend this Declaration so long as such amendment is not inconsistent with or delude the overall plan or protection. .' Lr.~ WITNESS WHEREO. F, the Declarant has signed and sealed this Declaration on the ~ day Of--l-L\~, ,2004. , ,\ '. ~ \ . c ! : , j , { (. '; ,,' C' -. ..~~". ' J 1... 'r ....... .. . ., ..... I ~" ,: ,....., \ ".,.0 ':. " ,," 3 .: '" .....r\ ':. :;' -r( .:, ' ' l "., .. -' " .; r- '. ., .! i ,\ ,\. : 0 ~.', ~ 0 : '1 \ 1,.,\ -~ __.t... \. . -:.".1' ", ',-. "':'''. /....l..~ : :::..-..-: ., I'. : rq :: ;' " .' .~...~. (, ',: ,....., \ ~):"';" '. .',~.~..;;.I.:':' \,~:~ ~ '....".::~ ::\ ((::..;:~,>: ATTEST:,,,,;;,:>'" . ' >J< fh;. rI-f~. L2sh:r0 · ilneclamiotea, ~(fI OKEECHOBEE Cm COUNCIL FOR CITY OF OKEECHOBEE, FLORIDA ~J# ity of Okeechobee APPROVED AS TO FORM AND LEGAL SUFFICIENCY -- 1 ~Gcl '- )(:UtA. '). . ~ John R. Cook, City Attorney " Page 20 of 21