2003-01 City Commerce CenterRESOLUTION NO. 03 -01
A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA
RECOMMENDING AND AUTHORIZING THE ENACTMENT OF CERTAIN
DEED RESTRICTIONS PERTAINING TO THE CITY INDUSTRIAL PARK
HEREIN DESCRIBED TO ADDRESS AND PROTECT ENVIRONMENTAL
CONCERNS AND GRANT ADMINISTRATION REQUIREMENTS
NECESSARY UNDER STATE AND FEDERAL GRANTS ON SUCH
PROJECT; DIRECTING THE CITY ATTORNEY TO PREPARE SUCH
RESTRICTIONS, AND FOR THE CITY CLERK TO RECORD SAME IN THE
PUBLIC RECORDS, PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida wishes to develop its industrial property in
the City, and in conjunction therewith, has applied for, and been approved, for
certain grants and funds administered by the State of Florida and the U.S.
Government; and
WHEREAS, in order to finalize such grant funding, the various grants require that certain
language be included in development agreements, deed restrictions, or other
enforceable documents to assure compliance with environmental concerns as well
as restrictions on the use made of the real property which will consist of an
industrial park; and
WHEREAS, the City of Okeechobee recommends that such restrictions be imposed in
order to comply with the grant and funding requirements, and that it serves a
legitimate public interest to manage and administer the industrial park consistent
with such grant requirements;
THEREFORE, be it resolved, approved and agreed by the City Council for the City of
Okeechobee, Florida, as follows:
1. That the City Attorney is directed to prepare the necessary deed restrictions,
development agreements or other documents as necessary to enforce
environmental and use restrictions on the following described real property
owned by the City of Okeechobee:
All of that part of the NW 1/4 lying East of Taylor Creek and North
of the Seaboard Coast Line railroad, the NW 1/4 of the NE 1/4 and
all that part of the SW 1/4 of NE 1/4 lying North of the Seaboard
Railroad Line railroad, all in Section 15, Township 37 South
Range 35 East, public records Okeechobee County, Florida, per
warranty deed at OR Book 231 page 716, public records
Okeechobee, Florida; LESS AND EXCEPT that portion of the
parcel deeded to the Okeechobee Utility Authority on September
27, 1995 and found at O.R. Book 370 page 1484, public records
Okeechobee County, Florida.
2. That upon proper execution of same and signature affixed thereto by the
Mayor, the City Clerk and the City Attorney, the City Clerk shall cause same
to be recorded in the public records in and for Okeechobee County, Florida,
to thereafter be a valid and enforceable restriction on all subsequent owners,
lessees or assigns thereof.
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INTRODUCED and ADOPTED this 21' day of January, 2003.
4. That this resolution shall become effective immediately upon its passage.
3. That the restrictions shall include generally the following:
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Lane Gamiote
CITY CLERK
REVIEWED FOR LEGAL SUFFICIENCY:
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John R. Cook
CITY ATTORNEY
a. That all future development of the real property consisting of the
industrial park shall ensure appropriate protection of, and
permanently prevent encroachment on, floodplains, wetlands and
endangered species as may be found at the site(s).
b. That pursuant to Federal grant, to acknowledge the responsibility of
the City and future owners, lessees or assigns of the industrial park
property to use the real property in accordance with Title 13 of the
Code of Federal Regulations, part 314, and only for the authorized
and specific purpose of an industrial park, and for no other purpose
other than the general and special purpose of the Federal grant as
approved.
c. That since the authorized purpose of the Federal grant is to develop
land in order to sell, lease or otherwise convey it for development
facility use, all conveyances as approved shall be consistent with the
authorized purposes of the grant, and with applicable EDA
requirements concerning, but not limited to, nondiscrimination.
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James E. Kirk
MAYOR