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County- Parking Interlocal AgmtCity of Okeechobee 55 Southeast Third Avenue Okeechobee, Florida 34974 Fax; (863) 763-1686 FAX COV ERSHEET �, � ,-� � �� . ,,.., �@--� �S �� C� ` � � � �J� " - DATE: ��""��' ��`t NO. OF PA6ES INCLUDING COVERSHEET: � , TO: �` FAX NO: FROM: FAX NO: 1 �1 RE: PL=Ea4SE CAU.. (863) 763-3372 EXT. 217 IF YOU DO NOT RECEIVE ALL PAGES OR IF YOU HAVE ANY QUESTIONS. Board of County Commissione�s Okeechobee County ,��ay1tt441:Ek697i;y,. M,he,ty �OMPe91gS,,Ol�,�`' �o •��'��'� "�P CountyAttorney �° i S E A L': "± Cassels & McCall � �'� 1917 :'� _ �FFc .., ,: ��, `;, Post Office Box 968 ''%y°eEE �o�`',�' 400 N.W. 2nd Street °'��f"1';i°'"�`p"' Okeechobee, FlOrida 34972 (863) 467-6900 • FAX (863) 763-1031 E-MAIL: mail(c�legal-one.com Se�teil�ber 29, 2005 John R. Cook, Escluire 55 Southeast Third Avenue Okeechobee, l:� lorida 34974 Re: Interlocal Agreeme�lt Dear John: Enclosed please tind the Iuterlocal Agreement for use of the county alley that was approved by the Board of the County Conlmissioners at the most rccent commission meeting. The only chan�cs f-rom yow- su�gested form was to clarify that the license would expire upon e�piration of the lease with the church and qualify that the indemnil�ication is to tl�e extent permitteci by law. Upon apprc�val b}� the City Council, please provide mr� � copy for Iiling with the Clerk. With kindest regards, I am Sincei•ely, in D. Cassels. Jr. JDC/k�b L;nciosures: C�s siated cc: Lane Gamiotea, Clerk ��000-c,a?as.w�� David E. Hazellief Gene Woods Clif Betts, Jr. John W. Abney, Sr. Clois J. Harvey George A. Long District 1 District 2 District 3 District 4 District 5 County Administrator ��\l�\l1{i11R11{lll/�S'��///` Board of County Commissioners ;°';r<{ `�.M,S .°y�= Okeechobee County '`� S E A L�"' _�'• 1917 �e= % F �'. : 4 � jFC '••......•' 1 �� '//,,/ �O� /llllllo�"```\\ September 29, 2005 John R. Cook, Esquire 55 Southeast Third Avenue Okeechobee, Florida 34974 Re: Interlocal Agreement Dear John: County Attorney Cassels & McCall Post Office Box 968 400 N.W. 2nd Street Okeechobee, Florida 34972 (863) 467-6900 • FAX (863) 763-1031 E-MAIL: mail@legal-one.com Enclosed please find the Interlocal Agreement for use of the county alley that was approved by the Board of the County Commissioners at the most recent coininission ineeting. The only changes trom your suggested form was to clarify that the license would expire upon expiration of the lease with the church and qualify that the indemnification is to the extent perniitted by law. Upon approval by the City Council, please provide m� a copy for filing with the Clerk. With kindest regards, I am Sincerely, D. Cassels, Jr. JDC/kbb Enclosures: As stated cc: Lane Gamiotea, Clerk ' � [ 7000-64248. W PD] David E. Hazellief Gene Woods Clif Betts, Jr. John W. Abney, Sr. Clois J. Harvey George A. Long District 1 District 2 District 3 District 4 District 5 County Administrator ys � FILE NUM 2��]6�a�J2�;�4- L7R L.K �7��_��q�� F�G r�7'98 SHAROFI ROEERT50Nr CLEftK. OF GIkLUIT f:OUF''f OY,E:ECHOBEE CDUNTYr FL RECOR6EG �72f0��24i]6 �]1:�6:01 FM fiEC:OkDING FEES 27.4n RECORDED BY R Fa.rrish LICENSE AGREEMENT Use of ANey THIS AGREEMENT, BY AND BETWEEN THE CITY OF OKEECHOBEE, FLORIDA, a Florida Municipal corporation (hereinafter "CITY"), and FIRST UNITED METHODIST CHURCH, (hereinafter "OWNER(S)"), dated this �_ day of�,��g,u� , 2006. WHEREAS, OWNER (S) hold fee simple title to the following described real property in Okeechobee County, Florida, to wit: Lot 1 through 12 of Block 139, CITY OF OKEECHOBEE, accordtng to the Plat thereof recorded in Plat Book 5, Page 5, publlc records of Okeechobee County, Florida; and WHEREAS, Ciry owns the following alleyway: That 15 foot wide alleyway running East to West and located between Lots 1 through 6 and 7 through 12 of Block 139, CITY OF OKEECHOBEE, according to the Plat thereof recorded In Plat Book 5, Page 5, public records of Okeechobee County, Florida; and WHEREAS, OWNER (S) wish to use, maintain, and make improvements to the following portion of the above described alleyway, owned by the City: The portion of the alleyway that runs East to West between Lots 1 through 3 and Lots 10 through 12 of Block 139, CITY OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida; and WHEREAS, the OWNER(S) desire to make certain improvements in the form of sidewalks, walkways, landscaping and maintaining the alleyway adjoining between the Lots 1 through 3 and 10 through 12 in said Block 139, which is an open, unimproved alleyway, owned by the CITY. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties agree as follows: The CITY hereby grants this revocable license for use of the al�eyway with the understanding the OWNER(S) will maintain the alleyway and should it ever become necessary to remove any sidewalk, walkway, pavement, landscaping or any improvement thereon, in order to allow either the installation, or maintenance of water, sewer, or other utiliry lines or any other type of i�stallation or construction, or for any other reason chosen by the CITY, the sidewalk, walkway, pavement, landscaping or any improvement thereon, will be removed by the OWNER(S) or their agents and/or assigns at the OWNER(S) expense within seven days of receipt of written request by the CITY for such removal. Should the CITY, for valid reasons, require the removal of the sidewalk, walkway, pavement, landscaping or any improvements thereon less than seven days notice, the OWNER agrees to exercise reasonable efforts to comply with such requests. Page 1 of 3 � OFi E.t; �]ra�g�� F•G r�795+ 2. OWNER(S) agree to contact their insurance company and require a rider be added to their insurance policy with a certificate furnished to the CITY showing the portion of the alleyway as herein described, to be used by them, insures the CITY against any liability arising out of alleged injuries or other activities which may occur within the alleyway. In any event, OWNER(S) agree and shall hold the CITY harmless for any and all action, suit, claim, injury or cause of action of any nature arising out of owner's permissive use, and indemnify CITY for such, including costs and attorney fees. 3. That OWNER(S) shall not, by such improvements made to that described alleyway, obstruct, close or otherwise restrict access to the alleyway for travel thereon by the CITY or the. general public. 4. That the OWNER(S) agree that this license is non-assignable without the express written consent of the CITY; and if transferred, the covenants herein shall bind themselves, their heirs and assigns, and said covenants shall run with the land. 5. The City Clerk shall cause this agreement to be recorded in the public records of Okeechobee Counry, Florida. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the aforesaid date. Signed, sealed and delivered In presence of: Print Name of Witness: k Address of Witness: �to� NE rl+ti lane �1�echotJee F� 3yq?a- � Susan Clemons - ' � �� Prin Name of Witness: ,P1�'s�. ��i1 s Address of Wltness: 55 s� ,3 d��,c�ue STATE OF FLORIDA COUNTY OF OKPP.{20I� _ T�oregoing instrument was acknowledged before me this �� da of r , 20�, by Susan Clemons, who signed in the presence of these witnesses; a d who produced FL c�ri JPv� I i Cerlse as identiflcation or is personally known. ��d� Notary Pub ic Signature Mells2 M, E�� nn s iVame of Notary typed, printe or stamped) Commission No. DD yD357a �.� $�� MELIBA M. EDDMK38 :.- MYCAMMISSIONiDD403572 EXPIRES: Alerch 7, 2008 Page 2 of 3 Rr„G, �TMU^`��'*�'"^"`"�"+ Accepted for the City: s�� Donnie Robertson, Public Works Director Reviewed for Leg S iciency: � V John R. Cook, City Attorney o�. eM ��r_��„� �� „�� (city seal) � La e Gamiotea, City Clerk Page 3 of 3 .' ,f • i INTI;RLOCAL AGRI+:EMCNT USE OF ALLEY THIS AGRI:EMENT. by and between the CITY OF OKF�ECHOBEE, FLORIUA, a Florida Municipal Corporation, 55 SE 3"' Avenue, Okeechobee. Florida 34974 (hereinafter "CITY"). and OKEECHOBEE COUNTY, a political subdivisioil ofthe State ofFlorida. 301 NW ?"� Sh�eet, Okeechobee, . L�'-fz' i�,�'t� I,lorida 34972 (hereinatter "COUNI'Y'�), dated this _f ��day ol� ��kerrrl�er, 2005. WHEI2EAS. the COt1N��Y has entered into a?0-veai-, con�mencin�� on ,ianuai-v 1_ 200 � ai�d terminating December 30, 2022. Commercial Lease Agreement w�itll the First l iilited Methodist Church of Okeechobee, Inc. to lease the following real property: Lots 4 throtiigh 1 1 oi� Block 1�9. ('I"I,Y OF OKEL�.CH�J�EE:, acc:�r:?in�� to tlle p(at tl�ereof� recorded in Plat Book �, Page 5, puhlic records of Okeechohee Co�ulty. Flori��la: and WHENEAS. CITY owns the ioll��win� alleyway which run L;ast to Wesi throu�l� above stated property: That 15 foot wide alleyway rtinning East to W�st and located between Lots 1, 2, 3, 4, 5, 6 and 7, 8, 9. 10. 1 1. 12 of Block 139, CITY OF�' (�KEECHOBEE, �ccording to the plat thereof recorded in Plat Book 5, Page 5. public records of Okeechobee Cowlty, Floricla: and WHEREAS, the COUN"CY desires to n�alce certaii� improvements in tl�e forin of paving, landscaping and maintainin�� the alleywav adjoining between the Lots 4 to 1 1 ii1 said �31ock 1�9, which is an open, u�limproved alley��ay, wllich is o��ned hy thc C'i�l�Y. ]�j�w �['j-[Cj2�[�'�IZE. lll COI151C�E1'tl11011 OI�i�7C I11l11Uc11 ��l'OIIl1Sl;S �111C� Cl�VC11�111iS Scl f�C)('11111E1'elll. tlll; parties a�ree as follows: l. Th� CITY hereby grants this license for use o(� tlle alleyway with the undcrstandin�� th� COUNTY will mai►itain the allevway aild should it ever becc�me nccessar�' t� remov� am� pavement, landscaping or any improvement thcreon, in order to allow either the installation, or niaintenai�ce of water, sewer, or uther utility lines or any oChcr tti�pe of installatir�n or construction, c�r for any othcr reason chosen by the CI�I�Y. the pavement, landscapin� or an�� iml�rovcincnt thercon, will be i-emovcd by the C:Ol1NT�Y. or their �ige�lts and%or assi��ls at t11e COUN"I�Y elpensc w�ithin se� en days of�receipt of w�ritten reqticsi b}� the CIZ�Y foi- stich I'C1110�'�1�. S�1(�U�C� tllC' ��11 i. �OI' V�l�1C� I'l:i1S011S, l�t',C]Llll'C' tll� 1'elllO��1� C)� 1�1� ])�1��r;I11C111. 11llC�SC�l��111�� Ol' c711�/ 1111j�1'OVG11121115 ill�l'�011 �C',SS lllc'ill St V21] CjayS 110t1Ce, 1�1C ��)j�N � Y 3�?I'e�S to esercise reasonable efforts to comply �vith such i-equests. 2. COUNTY agrees to cont�et their ii�surance company and reqliire �:l i-ider be �ldded to their insurance policy ��ith a certificaie fiu-nished to the CITY showin�, ihe portion �fthe allcvwav as herein described, to be used by thenl, insures the CITY against any liaLility arising out of alle��ed injur•ies oi' otller activities which may ��ccur which the alleyway. In any event to the . , - - �, +�+ ,� hy� ;;,,,; �'<�l T�rl,v ;,�„-Pe ,a�d �;l�all l,cic! tl�e �'T�!,Y !.a��i�71��ss 10� �u:v ai,d a]� C.��iil j!::1-1..1��. _ . _ . . aCll01�. SLllt, C�c�llll. 1l�jLl1'}' OI' C1USe 0��1Ci1011 O�t c111y IlatLll"C �ll"IS111b 011l C)1�OWIll;1' S]��1'1111SSlVC: use. and indem�lify C'I"I,Y l�ur such, includi��g costs and �lttor►Iey l�ees. 3. Tl�at COUN�I�Y shall i1ot. b�� such improvements n�ade to that described alleyway_ obstruct. close or othci-��ise restrict access to thc �ill�vw�ay l�or travel thereon b�� thc CI"l�Y ��r t11e �eneral public. ��000-�a� 3o.wi�u� J � 4 5 n e That the COUNTY agrees that this license is non-assignable witllotit the e�press writtei� consent of the CITY; and ii� ti-ansferred, the coveizants hereii� shall bind themselvcs, their heirs and �ssigns, and said covenants shall run with the land. The ternl of this agreeinent shall coincide with the previously stated conzmercial lease abreenient, comme�Icing on January 1, 2004 and terillinating Deceillber 30, 2022, betweei� the County and First United Metl�odist ChLu•ch. 6. The City Clerk shall cause this agreement to be recorded in the public records of Okeechobee County, Florida. IN WITNESS WHEREOF, the parties hereto set their hands and seals oi7 the aforesaid date. Signed, sealed and delivered in the �resence oi�: ".r�' r,.✓e5 . . � i� . ' • .� . .�,? µ. ' . ` // � �� A T T: ' �, SH RON ROBERTSON. Clerl< BOARD OF GOUN"l�Y COMMISSIONI;RS OKEECHOBEE COUN'TY. FLORIDA � BOARD OF COUNTY COMMISSIONERS OKL�CHOBI:C COUNT�Y, FLOlZ1UA JOHN W. NEY, SR., Ch �rm� n ��,. S � tember 22, 05 THE CITY OF OKECCHOBEE, F'L�RIDA . .� s r., � . ;, . , , . , . ..-. � . - , : . . s t Y. ,; ". ' ;, .. a�r 1 s�: .,_ . �. i��. �. ;-F ,. �� /"�;>- � _ C r�� C�.�_ LAN � GAMI TEA, CMC . CITY CLERK �y: �' — J S E. KIRK, Mayor � ��1 �� _ , ;�l �, vate: c �i,`�.. J � , �Y(�C .`� � Reviewed for Legal Sufficiency: ' �-�'�_� - �,. V��4 � - John R. Cook, City Attorney .1ol�r� U. Casseis, .�r., C'o� ��y l-litor�riey ��000-�,az3o.wi�u�