County- Interlocal Agmt- Use of Alley� AGENDA
VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED.
A. 2. c) Vote on motion.
CLOSE PUBLIC HEARING - Mayor.
VIII. NEVII BUSINESS.
A. Motion to approve an Interlocal Agreement for a Use of Aliey with
the Caunty regarding the M2thodist Church Parking Lot - City
Attorney (Exhibit 2).
B. Motion to approve a Temporary Street Closing submitted by Nita
Salmon for Southeast Park Street between 2°d and 3`d Avenues on
October 29, 2005 from 7:00 a.m. to 4:00 p.m. for a Benefit Festival
for Joshua Matute - City Clerk (Exhibit 3).
OCTOBER 18, 2005 - REGULAR IVIEETING - PAGE 4 OF 7 3 9 9
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VOTE
KIRK - Y� M�ct� - Y� WILLIAMS - Y�►
CHANDLER - YEA WATFORD - YEA MOTION CARRIED.
MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:15 P.M.
Council Member Chandler moved to approve an Interlocal Agreement for a Use of Alley with the County regarding the
Methodist Church Parki�g Lct; seconded by Counci! Membe� Markham.
This agreement between the County of Okeechobee and the City of Okeechobee is in reference to a fifteen-foot wide
alleyway running East to West and located between Lots 1 through 6 and Lots 7 through 12 of Block 139, City of
Okeechobee. The alleyway is pari of the parking lot located next to the Methodist Church. There was a brief
discussion on this matter.
VOTE
K�wc - Y� MARKt�M - Y� WILLIAMS - Y�
CHANDLER - YEA WATFORD - YEA MOTION CARRIED.
Council Member Chandlermoved to approve a Temporary Street Closing submitted by Nita Salmon for Southeast Park
Street between 2°d and 3`d Avenues on October 29, 2005 from 7:00 a.m. to 4:00 p.m. for a Benefit Festival for Joshua
Matute; seconded by Council Member Williams.
Council Member Markham remarked that he does not recall allowing for an intlependent person to have a fund raiser
in the parks. City Administrator Whitehall clarified that Ms. Salmon is the applicant and contact person on behalf of
the non-profit organization, and all requirements have been met. Ms. Salmon was present to address the Council and
distributed copies of the non-profit organization "Joshua Matute Transportation Fund" documentation. She informed
the Council of the situation concerning Joshua Matute and his family. They are in the process of relocating to
Okeechobee to be closer to family who can assist with Joshua who is twenty-one years of age and has been
diagnosed with Downs Syndrome, Cerebral Palsy and Hydrocephalus. His needs are great and Ms. Linda Matute is
a struggling single mother. All proceeds from this fund raiser will be given to the family to help provide with his special
needs and transportation. Ms. Salmon further explained that there will be a few footl vendors, children's activities,
Page 1 of 1
Melisa Eddings
From: "Lane Gamiotea" <Igamiotea@cityofokeechobee.com>
To: "Melisa Eddings" <meddings@cityofokeechobee.com>
Sent: Tuesday, July 12, 2005 1:33 PM
Attach: Alley Use County Blk 139.wpd
Subject: county use of alley
pl se print
ax to john with request to edit/proof/fax back or drop off to
you
make changes he has __
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-rriail_with letter to_c4s�els-=�y
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keep copies of all for us
stay on John to let know about the changes so that it can be in
the mail by Friday!
Lane Gamiotea, City Clerk
City of Okeechobee
55 SE 3rd Avenue
Okeechobee, FL 34974
(863) 763-3372 x 215
Fax: (863) 763-1686
NOTICE: Due to Florida's broad public record laws, this email
may be subject to public disclosure.
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LANE GAMIOTEA, City Clerk
E-mail: lgamiotea@cityofokeechobee. com
Melisa Eddings, Deputy Clerk, ext. 215
E-mail: meddings@cityofokeechobee.com
FACSIMILE TRANSMITTAL SHEET
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55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 •(863) 763-3372 • Fax: (863) 763-1686
Cit o Okeechobee
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July 12, 2005
John D. Cassels
County Attorney
400 N.W. 2nd St.
Okeechobee, Fl. 34972
re: county parking lot
John:
I recently learned from Dowling Watford,. trustee at the Methodist church, that when the
church leased the properiy to the county for a parking lot, that an open alley extends through the
lot, which was never addressed by or with the City. Typically, when the city permits a business
owner to pave an alley for commercial use, we require a use of a11ey agreement, which is a
revocable license issued by the city.
The license (sample enclosed) requires the user or occupier, at its own expense, to re-
pave the lot if digging is necessary for utility purposes. Councilman Watford believes that to
protect the church, the city and county should enter into such a license agreement. While our
form is an open ended license that pernuts revocation at will, perhaps we could structure one
with the county for a term certain that coincides with your lease with the church. Please review
the sample, and let me know if you have any objections to the language presently used.
Kindest Regards,
�—
�
John R. Cook
City Attorney
JRC/jc
55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 •(863) 763-3372 • Fax: (863) 763-1686
INTERLOCAL AGREEMENT
USE OF ALLEY
THIS AGREEMENT, BY AND BETWEEN THE CITY OF OKEECHOBEE, FLORIDA,
a Florida Municipal Corporation, 55 SE 3`d Avenue, Okeechobee, Florida 34974 (hereinafter
"CITY"), AND, OKEECHOBEE COUNTY, a political subdivision of the State of Florida, 301
NW 2"d Street, Okeechobee, Florida 34972 (hereinafter "COUNTY"), dated this day
of . 2005.
WHEREAS, the COUNTY has entered into a 20-year, commencing on January 1, 2003
and terminating December 30, 2022, Commercial Lease Agreement with the First United
Methodist Church of Okeechobee, Inc. to lease the following real property:
Lots 4 through 11 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, City owns the following alleyway which run East to West through above
stated property:
That 15 foot wide alleyway running East to West and located between Lots
1, 2, 3, 4, 5, 6 and 7, 8, 9, 10, 11, 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 COUNTY desires to make certain improvements in the form of paving,
landscaping and maintaining the alleyway adjoining between the Lots 4 to 11 in said Block
139, which is an open, unimproved alleyway, which is 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 alleyway with the
understanding the COUNTY will maintain the alleyway and should it ever
become necessary to remove any pavement, landscaping or any improvement
thereon, in orderto alloweitherthe installation, ormaintenance ofwater, sewer,
or other utility lines or any other type of installation or construction, or for any
other reason chosen by the CITY, the pavement, landscaping or any
improvement thereon, will be removed by the COUNTY or their agents and/or
assigns at the COUNTY 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 pavement, landscaping or any improvements thereon less than
seven days notice, the COUNTY agrees to exercise reasonable efforts to
comply with such requests.
2. COUNTY 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, COUNTY 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 COUNTY 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 COUNTY agree that this license is non-assignable without the express
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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.
date.
5. The term of this agreement shall coincide with the previously stated commercial
lease agreement, commencing on January 1, 2003 and terminating December
30, 2022, between the County and First United Methodist Church.
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 on the aforesaid
Signed, sealed and delivered in presence of:
ATTEST:
Sharon Robertson, County Clerk
ATTEST:
Lane Gamiotea, CMC,
City Clerk
Reviewed for Legal Sufficiency:
John R. Cook, City Attorney
BOARD OF COUNTY COMMISSIONERS
OKEECHOBEE COUNTY, FLORIDA
By:
Date:
John Abney, Chairperson
THE CITY OF OKEECHOBEE, FLORIDA
By:
James E. Kirk, Mayor
Date:
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