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2022-10-18 Item VI. B. Exhibit 2
Exhibit 2 ORDINANCE NO. 1263 10/18/2022 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE-FAMILY RESIDENTIAL (SFR) TO PUBLIC FACILITIES (PF), APPLICATION NO. 22-007-SSA; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues provides for amendment to Adopted Comprehensive Plans; and WHEREAS, the City of Okeechobee, as the property owner, filed Application No. 22-007-SSA for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said Application being reviewed by the City's Planning Board, acting as the Local Planning Agency, at a duly advertised Public Hearing held on September 15, 2022, which determined such request to be consistent with the Comprehensive Plan and consistent with the pattern of future land uses within the City; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and finds that the proposed Application complies with the requirements of Florida Statute 163, Part II, and that the proposed Application is consistent with the Comprehensive Plan and appropriate to the future land uses within the City. NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: SHORT TITLE. THIS ORDINANCE shall be known as a "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2: AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. Ordinance No. 1263, Page 1 of 2 SECTION 3: REVISIONS TO THE FUTURE LAND USE MAP. The following described land consisting of approximately 0.65 acres is hereby re -designated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: Application No. 22-007-SSA, from Single -Family Residential to Public Facilities. The Legal Description of the Subject Property is as follows: LOTS 9 THROUGH 12 OF BLOCK 8, SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 12 AND PLAT BOOK 5, PAGE 7, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 4: INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida that the provisions of this Ordinance, and the revisions to the Future Land Use Map which are incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 7: EFFECTIVE DATE. The effective date of this plan amendment shall be thirty-one (31) days after the adoption of this Ordinance, if not timely challenged. If timely challenged, this amendment shall become effective on the date the State Land Planning Agency, or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. INTRODUCED AND ADOPTED at First Reading and Final Public Hearing on this 18t" day of October 2022, pursuant to F.S. 163.3187(2). Dowling R. Watford Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John J. Fumero, City Attorney Ordinance No. 1263, Page 2 of 2 V. PUBLIC HEARING ITEM A CONTINUED The recommendation will be forwarded to the City Council for consideration at a Public Hearing tentatively scheduled for October 18, 2022. B. Comprehensive Plan Small Scale FLUM Amendment Application No. 22-007- SSA, to reclassify from SFR to PF on 0.65± acres located at 1003 SW 3Id Avenue, Lots 9 through 12, Block 8, SOUTH OKEECHOBEE, Plat Books 1 and 5, Pages 12 and 7, Okeechobee County. 1. City Planning Consultant Smith briefly reviewed the Planning Staff Report finding the requested PF FLUM designation for the subject property reasonable compatible with the adjacent uses, consistent with the urbanizing pattern of the area, and consistent with the City's Comprehensive Plan, therefore recommending approval. The Applicant has also submitted a concurrent Rezoning Application requesting to rezone the subject property from RSF-1 to PUB. 2. There were no questions asked of staff. 3. Mrs. Betty Silvas, 1001 SW 3rd Avenue, expressed concern with whether her property would be taken from her or if her property taxes would be affected with this change. City Administrator Ritter explained this request was not to take her property from her. For the record there were 31 surrounding property owner notices mailed, advertisements and one sign was properly posted on the subject parcel, with no objections or comments received to date. 4. No Ex-Parte disclosures were offered. Vice Chairperson McCoy mentioned he and his wife Pat were married in 1997 at this church. 5. Motion by Board Member Chartier, seconded by Board Member Jonassaint to recommend approval to the City Council for Comprehensive Plan Small Scale FLUM Amendment Application No. 22- 007-SSA, as presented in [Exhibit 2, which includes the findings as required for granting Applications per Code Section 70-340; and the Planning Consultant's analysis of the findings and recommendation for approval.] Motion Carried Unanimously. The recommendation will be forwarded to the City Council for consideration at a Public Hearing tentatively scheduled for October 18, 2022. QUASI-JUDICIAL ITEMS C. Rezoning Petition No. 22-006-R, requests to rezone from PUB to RSF-1, on 0.33± acres, located at the corner of SW 3d Avenue and SW 23rd Street, Lots 6 and 7 of Block 5, ROYAL OAK ADDITION, Plat Book 1, Page 8, Okeechobee County for the proposed use of listing the property for sale. 1. Notary Public Patty Burnette administered an oath to Mr. Ben Smith 2914 Cleveland Avenue, Fort Myers, Florida, who responded affirmatively. 2. City Planning Consultant Smith briefly reviewed the Planning Staff Report finding the requested rezoning from PUB to RSF-1, for the subject property to be reasonably compatible with adjacent uses, consistent with the urbanizing pattern of the area and consistent with the City's Comprehensive Plan, therefore recommending approval should the concurrent request to change the FLUM to SFR be approved. 3. There were no questions asked of staff. 4. No public comments were offered. For the record there were 23 surrounding property owner notices mailed, advertisements and two signs were properly posted on the subject parcel, with no objections or comments received to date. 5. No Ex-Parte disclosures were offered. 6. Motion by Board Member Chartier, seconded by Board Member Jonassaint to recommend approval to the City Council for Rezoning Petition No. 22-006-R as presented in [Exhibit 3, which includes the findings as required for granting Petitions per Code Section 70-340; and the Planning Consultant's analysis of the findings and recommendation for approval]. Motion Carried Unanimously. The recommendation will be forwarded to the City Council for consideration at Public Hearings tentatively scheduled for October 4, 2022, and November 1, 2022. September 1S, 2022, Planning Board Meeting Page 2 of 3 22-007-SSA Comprehensive Plan Amendment Staff Report ; I I., k-, k rj6., ? T k Aw A'*T'r _. SlN.1 1 1 H 5 T•� P SW 12111 ti l �y .M 'l..w r... _ •�' w.' Cs• ram` R _ I` IL 7.74 r Applicant I City of Okeechobee Address 1 1003 SW 3rd Avenue Prepared for The City of Okeechobee MORRIS DEPEW' Comprehensive Plan Amendment Staff Report General Information Owner: City of Okeechobee Applicant: City of Okeechobee Primary Contact: Gary Ritter, Patty Burnette Site Address: 1003 SW 3`d Avenue Parcel Identification: 3-21-37-35-0040-00080-0090 09/02/2022 Petition No. 22-007-SSA Legal Description LOTS 9,10, 11, AND 12 OF Block 8, SOUTH OKEECHOBEE SUBDIVISION AS RECORDED IN PLAT BOOK 1, PAGE 12 AND PLAT BOOK S, PAGE 7, OKEECHOBEE COUNTY PUBLIC RECORDS. Future Land Use, Zoning, and Existing Use of Subject Property(s) Existing Proposed Future Land Use Single -Family Residential Public Facilities Zoning RSF-1 PUB Use of Property j Church Museum Acreage .651 1.651 Future Land Use, Zoning, and Existing Use of Surrounding Properties Future Land Use Zoning Existing Use North Single -Family Residential RSF-1 Residential East Single -Family Residential/ Commercial RSF-1/ Commercial Residential Professional Office Single -Family Residential, Multi -Family South Residential I RSF-1, RMF Residential, Church West Single -Family Residential RSF-1 Residential Description of Request and Existing Conditions The request for consideration by the City of Okeechobee Planning Board is an administratively initiated Amendment to the Future Land Use Map of the City's Comprehensive Plan to change the future land use designation of the subject parcel from Single -Family Residential to Public Facilities. Concurrent with the map amendment, a rezoning application has been submitted to rezone the subject property from CITY OF OKEECHOBEE MORRIS -- DEPEW Comprehensive Plan Amendment Staff Report 09/02/2022 Petition No. 22-007-SSA Residential Single Family -One (RSF-1) to Public Use (PUB). The 0.651-acre parcel is the site of the Okeechobee Primitive Baptist Church. The purpose of this request is to prepare the subject property to be used by the Okeechobee Historical Society as a museum. A Facility Use License agreement for this arrangement has already been executed between the City and the Historical Society. Based on the size of the property, per Chapter 163.3187 F.S., this application qualifies as a Small -Scale Amendment (SSA) to the Comprehensive Plan. Current Maximum Development Potential as Residential Single -Family The property is currently designated Single -Family Residential on the City of Okeechobee Future Land Use Map. The Single -Family Residential FLU allows a maximum density of four dwelling units per acre for residential units on individual lots. Additionally, mobile home parks are allowed six units per acre and the maximum density for affordable housing is 5 units per acre. The subject property has a maximum development potential of 2.6 single-family residential dwelling units. Theoretically, the property could be split to create two lots, each developed with a single-family residence. Proposed Maximum Development Potential as Public Facilities Other than use of the property as a museum, no specific plans for improvement have been identified at this time. However, if this map change is approved, the property may be developed according to standards of the Comprehensive Plan and the Land Development Code, specifically those that pertain to the Public Facilities district and public uses. The Public Facilities FLU allows for permitted uses including parks, schools, government buildings, fire stations, other recreational and non -recreational public properties, and accessory uses customary to permissible uses. The proposed FLU allows for a maximum impervious surface coverage of 85%, which is far greaterthan the 55% permitted in the Single Family Residential FLU. This increase in allowable impervious surface area will enable the city or the Historical Society greater flexibility to make any improvements to the site that are necessary, including a large parking lot. Estimates of Demand The following estimates relate to the existing building located on the subject property. Potable Water: 0.15 GPD per SF x 3,275 SF = 491.25 GPD Sanitary Sewer: 0.15 GPD per SF x 3,275 SF = 491.25 GPD Service Availability The Okeechobee Utility Authority has identified that sanitary sewer and potable water service is available to the subject property. The development potential of the property would permit for public uses only, which are not expected to impact the solid waste level of service. The subject property has been developed for many years and all emergency services will continue to serve the subject property. CITY OF OKEECHOBEE 2 MORRIS DEPEW Comprehensive Plan Amendment Staff Report Environmental Impacts 09/02/2022 Petition No. 22-007-SSA The subject property is largely cleared of vegetation and occupied by an existing structure, which was developed in 1923, making it highly unlikely that unique habitats, wetlands, incompatible soil types, and flood prone areas would be located on the site. Additionally, the improvements to the property and the surrounding development pattern discourage the presence of any endangered species of wildlife and plants from populating the site. Internal Consistency with the City of Okeechobee Comprehensive Plan The Administratively Initiated Application for Comprehensive Plan Amendment requires that the Applicant demonstrate consistency with the City of Okeechobee Comprehensive Plan and provides a series of consistency questions that the Applicant, The City of Okeechobee, must respond to. 1. Discuss how the proposal affects established City of Okeechobee population projections. The proposed Public Facilities Future Land Use does not allow for residential density. The slight reduction in area designated for residential uses will not significantly affect population projections. List all goals and objectives of the City of Okeechobee Comprehensive Plan that are affected by the proposed amendment. This analysis should include an evaluation of all relevant policies under each goal and objective. Future Land Use Element Policy 2.2: In accordance with property rights policies adopted by the Central Florida Regional Planning Council in the Central Florida Regional Policy Plan, the City of Okeechobee recognizes and shall continue to protect private property rights. In implementing the Comprehensive Plan, the City shall continue to ensure that its land development regulations protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. Planning for land use and public facilities in the City shall consider private property rights, and ensure citizen input into government land use decisions affecting property rights. The subject property is developed with a church. The proposed use of the existing structure by the Historical Society as a museum will repurpose the former Okeechobee Primitive Baptist Church, which is not currently in use. The historic nature of the existing structure makes it highly unlikely that the subject property will ever be redeveloped, and the Public Facilities Future Land Use would allow for more flexibility in utilization of the property. Future Land Use Element Policy 2.5: The City shall amend its Future Land Use Map, as necessary, to address inconsistent land use areas. The subject property is within the Single -Family Residential Future Land Use, although it has never been developed with residential uses. Amending the Future Land Use of the subject property to Public Facilities is more consistent designation with the planned use of the property by the Historical Society. CITY OF OKEECHOBEE 3 MORRIS DEPEW Comprehensive Plan Amendment 09/02/2022 Staff Report Petition No. 22-007-SSA Describe how the proposal affects the County's Comprehensive Plan as it relates to adjacent unincorporated areas. The subject property is not located at or near the boundary between the City of Okeechobee and Unincorporated Okeechobee County. 4. List State Policy Plan and Regional Policy Plan goals and policies that are relevant to this plan amendment. Staff Response: Consistent with FS. 163.3187(1)(c), the subject property is not located within an area of critical state concern. Justification and Recommendation The Okeechobee Primitive Baptist Church is over 100 years old and has significant historic value. The City of Okeechobee Historical Society intends to use the site as a museum to educate the public about the history of the City of Okeechobee. The proposed Public Facilities Future Land Use is more consistent with this intended use and will allow the City and the Historical Society greater flexibility in maintaining and improving the site. Additionally, the unique historical value of the subject property makes it highly unlikely that a single-family residence would ever be proposed to replace the existing structure. Staff recommends approval of this amendment to change the Future Land Use designation from Residential Single Family - One to Public Facilities. Submitted by: Ben Smith, AICP Director of Planning September 7, 2022 Okeechobee Planning Board Hearing: September 15, 2022 City Council Public Hearing: (tentative) October 4, 2022 CITY OF OKEECHOBEE 4 MORRIS DEPEW, Comprehensive Plan Amendment Staff Report Supplemental Exhibits 7 r 8 I 1 3 2 1 8 6 1 3 2 I 1 �� e ' 9 2 L /• 9 1 7 a 3 7• 70 3 ++ +o zcn O „ e +z T W9 TH ST /. e 2 e 2 4' e 4 32 i� 0 T __ 1 O� 3 3 0 Y 45 1 10 / M 70 1 N 10 - 0 tz a 09/02/2022 Petition No. 22-007-SSA 0 7 3' 9 Q I Q W 11TH ST 0 ww wwa�e.0 a 16 r �I .� wosa�na t2 � W musmw e ' > Y = anro.ea u.:.�oere�nw.cwr.Re:,.:.i. r. JLa:aw,v.,:mwe rw.e�..,wa Exhibit A: Existing Zoning Map CITY OF OKEECHOBEE S MORRIS EMMEPNIDEPEW' Comprehensive Plan Amendment Staff Report 09/02/2022 Petition No. 22-007-SSA C N L8: 2 FE a • S 5 � f0 11 2 11 6 U .01 ' T Sb'V 9TH ST T t 7 1 W e 2 LU 001 I = 9 2 0 - a Q "' H 24 _ CO)� H A 3 i, 5 �y it 6 11 6 fn z — _- a 12 11 • 7 1 7 1 7 1 V a 2_ a 2 2 8 2 H J a 2 5 9 [ 10 10 10 . 10 . A it _ t, a 11 s_ 12 12 Q 7 t 7 1 e p a 2 W 1 9 H 1 1 3. ai 2 • �y} --- RAILROAD CENTERLINE - T --- HOPKINS MEANDER LINE RAILROAD CENTERLINE e 6 - N — au_bwndary_hnes H H A 3 IOt_lin0 t0 a t6 a _ 0u_background_OarmIs 6 1t , it s SINGLE - FAMILY RESIDENTIAL 6 12 a 12 6 MIXED USE RESIDENTIAL SW 1 3 T H S T MULTI - FAMILY RESIDENTIAL COMMERCIAL INDUSTRIAL of iat ,c anco mac Exhibit 8: Existing Future Land Use Map CITY OF OKEECHOBEE 0 MORRIS MMWM�MDEPEW Comprehensive Plan Amendment Staff Report 09/02/2022 Petition No. 22-007-SSA w t S W 91 H S I i� � rrit _ +r -ilk 4 � ,. oi�,il 1-- —' �—wwyy t� 1 gikij ` h ! �► dv a A ,.. WI� SW 11 1 H S I()ImI77c I'll - =,.4r w.01 1W M , a •;; 16r4*1 - ��,, !r r—SW 13TH.S v M Exhibit C: Existing Land Uses CITY OF OKEECHOBEE 7 MORRIS ' DEPEWEW Exhibit 2 September 15, 2022 City of Okeechobee General Services Department 55 S.E. 31 Avenue, Room 101 Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, ext. 9820 Fax: (863) 763-1686 Date: _ .' t{' Petition No. -W ! 6s Fee paid: /11 Jurisdiction: rbicc-. I" l learin2: Q • i5-:1 .1 2"'i I -fearing: io -! A -2 9- Publication Dates: Notices Mailed: Q�31-;12 To BE COMPLETED BY CITY STAFF: Verified FLUM Designation: Verified Zoning Designation: RS Plan Amendment Type: ❑ Large Scale (LSA) involving over 100 acres or a Text Amendment _small Scale (SSA) involving 100 acres or less (may include a Text Amendment that relates directly to, and is adopted simultaneously with, the Small Scale Map Amendment) APPLIC.iNT PLEASE NOTE: Answer all questions completely and accurately. Please print or type responses. If additional space is needed, number and attach additional sheets. The total number of sheets in your application is: Submit 1 (one) copy of the complete application and amendment support documentation, including maps, to the General Services Department. Fifteen (15) copies of any documents over I 1 X 17 arc required to be submitted by the applicant. 1, the undersigned owner or authorized representative, hereby submit this application and the attached amendment support documentation. The information and documents provided are complete and accurate to the best of my knowledge. Date llnaty a of Owner or (,t' At�rVtllRC S � Authorized Representative* *Attach Notarized Letter of Owner's Authorization For questions relating to this application packet, call the General Services Dept. at (863) 763-3372, Est. 9824 (October 2021) Page I of 7 Applicaton for Comprehensive Plan Amendment 11. APPLICANT/AGENT/OWNER INFORMATION loll _�5 sF 30 A vew_eJ Ad��eeclPee City State Zip P113-1G 3- gbAp Telephone Number Fax Number E-Mail tr Admtn�s-E ra,r bux to (Germl Serwets Coa>rd na. Address City State Zip r� Vie, � �f y � �Fo I(.�Ll�1�el• cE,+i Telephone Number Fax Number J ►'I� E-Mail, POIL'L e e,0Fa1Lgctz66ee.cet,, Li ©f 4c"boeL Owner(s) of Record SfrnE ftS 4/dbJ-e__1 Address City State Zip Telephone Number Fax Number E-Mail Name, address and qualification of additional planners, architects, engineers, environmental consultants, and other professionals providing information contained in this application. *This will be the person contacted for all business relative to the application. For questions relating to this application packet, call the General Services Dept. at (863) 763-3372, Ext. 9824 (July 2021) Page 2 oi'7 Applicaton for Comprehensive Plan Amendment 11. REQUESTED CHANGE Please see Section V. Fee Schedule A. TYPE: (Check appropriate type) ❑ Text Amendment LsJ Future Land Use Map (FLUM) Amendment B. SUMMARY OF REQUEST (Brief explanation): Rropel+q Was 0.A"'L;ect bU "-p. 8A V-fia"k a-+a4 Sage A. PROPERTY LOCATION: 1. Site Address: 2. Property ID #(s): 3-0��-3135-- Od+�O--o��8a-bo90 B. PROPERTY INFORAIATION (Note: Property area should be to the nearest tenth of an acre. For properties of less than one acre, area should be in square feet.) l . Total Area of Property: . 651 CLGrn 2. Total Area included in Request: • 16 i aue-s a. In each Future Land Use (FLU) Category: (1) (2) (3) (4) b. Total Uplands: C. Total Wetlands: For questions relating to this application packet, call the General Services Dept. at (863) 763-3372, Ext. 9824 (July 2021) Page 3 ol'7 Applicaton for Comprehensive Plan Amendment 3. Current Zoning: RSE i 4. Current FLU Category: SF 6b I6iA 6J 5. Existing Land Use: p(1m' hVe '60xhsf ChWL-h -1-0 toe U,4-1 ltztdhq 44 k 6. Requested FLU Cateeorv: PF 0)�eec6jec f-f' 0wicw( 9 D. MAXIMUM DEVELOPMENT POTENTIAL OF THE SUBJECT PROPERTY Development Type Existing FLU Category Proposed FLU Category Residential Density (DU/Acre) Number of Units Commercial (sq. ft.) Industrial (sq. ft.) AMENDMENT SUPPORTDocUMENTATION At a minimum, the application shall include the following support data and analysis. These items are based on the submittal requirements of the State of Florida, Department of Community Affairs for a comprehensive plan amendment, and policies contained in the City of Okeechobee Comprehensive Plan. Staff will evaluate this request based on the support documentation provided by the applicant. A. GENERAL INFORMATION AND MAPS Unless otherwise specified, the Applicant must provide the following materials for any proposed amendment that will affect the development potential of properties. If large maps are submitted, the Applicant may be required to provide 8.5" x 11" maps for inclusion in public hearing packets. 1. Wording of any proposed text changes. 2. A map showing the boundaries of the subject property, surrounding street network, and Future Land Use designations of surrounding properties. 3. A map showing existing land uses (not designations) of the subject property and surrounding properties. 4. Written descriptions of the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. 5. Map showing existing zoning of the subject property and surrounding properties. 6. 'Three (3) CERTIFIED BOUNDARY surveys of the subject property (one no larger than l 1x17; scale not less than one inch to 20 feet; North point) containing: date of survey, surveyor's name, address, and phone number; legal description of subject property pertaining to the application; computation of total acreage to nearest tenth of an acre; location sketch of subject property, and Surrounding area within one-half mile radius. For questions relating to this application packet, call the General Services Dept. at (863) 763-3372, Ext. 9824 (July 2021) Page oi'7 Applicaton for Comprehensive Plan Amendment 7. A copy of the deed(s) for the property subject to the requested change. S. An aerial map showing the subject property and surrounding properties. 9. If applicant is not the owner, a notarized letter from the owner of the property authorizing the applicant to represent the owner. B. PUBLIC FACILITIES IMPACTS Note: The applicant must calculate public facilities impacts based on a maximum develop- ment scenario. I. Traffic Analysis a. For Small Scale Amendments (SSA) (1) The Applicant shall estimate of traffic volumes associated with the proposed change using the most recent edition of Trip Generation prepared by the Institute of Traffic Engineers and assuming maximum development potential of the property. (2) If the proposed Future Land Use change will result in an increase of 100 or more peak hour vehicle trip ends in excess of that which would result under the current Future Land Use designation, the Applicant shall attach a Traffic Impact Study prepared by a professional trans- portation planner or transportation engineer b. For Large Scale Amendments (LSA) All LSAs shall be accompanied by a Traffic Impact Study prepared by a professional transportation planner or transportation engineer. C. Traffic Impact Studies are intended to detennine the effect of the proposed land use change on the city's roadway network and the city's ability to accom- modate traffic associated with the proposed change over a ten-year planning period. d. An inability to accommodate the necessary modifications within the financially feasible limits of the city's plan will be a basis for denial of the requested land use change; 2. Provide estimates of demand associated with maximum potential development of the subject property under the current and proposed Future Land Use designations for provision potable water, sanitary sewer, and recreation/open space as follows: a. Potable Water and Sanitary Sewer demand based on: (1) 114 gallons per person per day (gppd) for residential uses (2) 0.15 gallons per day per square foot of floor area for nonresidential uses b. Recreation, and Open Space demand for residential uses of 3 acres per thousand peak season population. For questions relating to this application packet, call the General Services Dept. at (863) 763-3372, Ext. 9824 (July 2021) Rige 5 of 7 Applicaton for Comprehensive Plan Amendment 3. Provide a letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change, including: a. Solid Waste; b. Water and Sewer; C. Schools. In reference to above, the applicant should supply the responding agency with the information from Section's 11 and III for their evaluation, as well as estimates of maximum population and nonresidential square footage developable under the existing and proposed Future Land Use categories. The application should include the applicant's correspondence to the responding agency. C. ENVIRONMENTAL INIPACTS Proposed plan amendments shall be accompanied by evidence that the following studies either have been completed for another permitting agency or are not relevant to the property. There shall be inventories of: 1. Wetlands and aquifer recharge areas. 2. Soils posing severe limitations to development. 3. Unique habitat. 4. Endangered species of wildlife and plants. 5. Floodprone areas. D. INTERNAL CONSISTENCY WITH THE CITY OF OKEECHOBEE CONIPREIIENSIVE PLAN 1. Discuss how the proposal affects established City of Okeechobee population projections. 2. List all goals and objectives of the City of Okeechobee Comprehensive Plan that are affected by the proposed amendment. This analysis should include an evaluation of all relevant policies under each goal and objective. 3. Describe how the proposal affects the County's Comprehensive Plan as it relates to adjacent unincorporated areas. 4. List State Policy Plan and Regional Policy Plan goals and policies that are relevant to this plan amendment. For questions relating to this application packet, call the General Services Dept. at (863) 763-3372, Ext. 9824 (July 2021) Page 6 of 7 Applicaton for Comprehensive Plan Amendment E. JUSTIFICATION OF PROPOSED ANIENDEV4ENT Justify the proposed amendment based upon sound planning principles. Be sure to support all conclusions made in this justification with adequate data and analysis. V. FEE SCHEDULE Large Scale Amendment (LSA) $4,000.00 plus $30.00 per acre Small Scale Amendment (SSA) S850.00 plus $30.00 per acre Text Amendment Flat: Fee S2,000.00 each AFFIDAVIT I, , certify that I am the owner or authorized representative of the property described herein, and that all answers to the questions in this application and any sketches, data, or other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I also authorize the staff of the City of Okeechobee to entVre� n the perty during normal working hours for the purpose of investigating and eval Ling te It tl ugh this application. Sigiwitf re of veer or Authorized Agent Date Typed 6 Printed Name STATE OF FLORIDA � 1 Y (gyp COUNTY OF The foregoing instrument was acknowledged before me by means of9physical presence or L online notarization, this day of , 20 ,f , by HJ-tt, , who (Name of Person) is personally known to me or produced as identification. a llotary Public State of FloridaPatty M eurnette Notary Public Signature My Commission HH 008734 Expires 10/02/2024 For questions relating to this application packet, call the General Services Dept. at (863) 763-3372, Est. 9824 (July 2021) Page 7 of 7 oF"Rr Official Records File#2022000895 Pate(s):1 Jerald D Bryant, Clerk of the Circuit Court & Comptroller Okeechobee, FL Recorded 1/21/2022 8:53 AM Fees: RECORDING 510,00 D DOCTAY PD $623.70 Tax Deed File Number: 2917-2019 Parcel ID Number: 3-21-37-35-0040-00080-0090 TAX DEED STATE OF FLORIDA COUNTY OF OKEECHOBEE The following Tax Sale Certificate Numbered 2917-2019 issued on 1st day of June, 2019 was filed in the office of the Tax Collector of this County and application made for the issuance of a tax deed, the applicant having paid or redeemed all other taxes or tax sale certificates on the land described as required by law to be paid or redeemed, and the costs and expenses of this sale, and due notice of sale having been published as required by law, and no person entitled to do so''havirig appeared to redeem said land; such land was sold on the 20th day of January, 2022, offered for sale as requtredby.law for cash to the highest bidder and was sold to: CITY OF OKEECHOBEE whose address is 55 SE 3RD AVE, OKEECHOBEE, FL 34974, being the highest bidder and having paid the sum of his bid as required by the Laws of Florida. Now, on this 20th day of January, 2022, in the County of Okeechobee, State of Florida, in consideration of the sum of 589,100.00, Eighty -Nine Thousand One Hundred & No/100 Dollars, being the amount paid pursuant to the Laws of Florida does hereby sell the following lands, including any hereditaments, buildings, fixtures and improvements of any kind and description, situated in the County and State aforesaid and described as follows: SOUTH OKEECHOBEE (PLAT BOOK 1 PAGE 12 & PLAT BOOK 5 PAGE 7) LOTS 9, 10, 11 & 12 BLOCK 8 PARCEL #: 3-21-37-35-0040-00080-0090 Witnessse1/s':. KHle gh Jones Frances Conner STATE OF FLORIDA COUNTY OF OKEECHOBEE JERALD D BRYANT Clerk of the Circuit Court & Comptroller of CIR p By. I) dly AA4, /3-1 Madalyn Mon, Deputy Clerk On this 20th day of January, 2022, before me Frances Conner, personally appeared, Madalyn Pinon, a Deputy Clerk for the Clerk of the Circuit Court or County Comptroller in and for the State and this County known to me to be the person described in, and who executed the foregoing instrument, and acknowledged the execution of this instrument to be his own free act and deed for the use and purposes therein mentioned. Witness my hand and office seal date aforesaid. �✓tp,t t C� 1,uv•u.` FRANCESC&4NER NOTARY PUBLIC � •• . Commkclo" S HIM65%, �} EVImJ,*i,2024 'P 90.$W Thu{.ap.IN.Irysw*" d0 N ''' n •WNER ADD 3-21-37-35-0040-00040-0010 STANLEY CHRISTOPHER 301 SW 9TH ST OKEECHOBEE 3-21-37-35-0040-00040-0040 WILSON BOBBIE LEE — _910 SW 3RD AVE OKEECHOBEE 3-21-37-35-0040-00040-0110 WILSON BOBBIE LEE REVOC TRUST 910 SW 3RD AVE _ _ OKEECHOBEE FIL 34972-4303 FL 34974-5228 FL 34974-5228 1 3-21-37-35-0040-00050-0030 3-21-37-35-0040-00050-0050 3-21-37-35-0040-00050-0060 PARKER RODNEY JUSTIN _ BURTON JAMES W BURTON JAMES W 908 SW 2ND AVE PO BOX 683 PO BOX 683 OKEECHOBEE - - --._ OKEECHOBEE OKEECHOBEE FL FL FL 34974-5216 34973-0683 34973-0683 3-21-37-35-0040-00050-0090 3-21-37-35-0040-00050-0100 MEARA DANIELT MUNSON LAURA 905 SW 3RD AVE PO BOX 625 OKEECHOBEE OKEECHOBEE FL FL 34974 34973-0625 3-21-37-35-0040-00050_0120 3-21-37-35-0040-00060-0110 SNOW ELBERT SAUSHA LLC 915 SW 3RD AVE 120 SW 8TH STREET OKEECHOBEE MIAMI FL FL 34974-5227 33130 3-21-37-35-0040-00060-0120 MITCHELL GIANINNA A 1105 SW 4TH ST OKEECHOBEE FL 34974 3-21-37-35-0040-00070-0040 1012 PARROTT LLC 2336 SE OCEAN BLVD #333 STUART FIL 34996-3310 3-21-37-35-0040-00070-0070 GARCIA NAHUM H 115 SW LOTH ST OKEECHOBEE FL 34974 3-21-37-35-0040-00070-0120 CITY OF OKEECHOBEE 55 SE 3RD AV OKEEHCOBEE FL 34974-2903 3-21-37-35-0040-00080-0010 SILVAS JESUS 1000 SW 2ND AVE OKEECHOBEE FL 34974-5218 3-21-37-35-0040-00080-0040 MAYTA ROBERTO 1006 SW 2ND AVE OKEECHOBEE FL 34974-5218 3-21-37-35-0040-00080-0050 FRASER JAMES E III 1730 W LAS OLAS BLVD FT LAUDERDALE FL 33312 3-21-37-35-0040-00080-0070 SILVAS JESUS 1001 SW 3RD AVENUE OKEECHOBEE FL 34974 3-21-37-35-0040-00090-0030 EUBANKS PHYLLIS H _ 1004 SW 3RD AVE OKEECHOBEE FL 34974-5286 3-21-37-35-0040-00090-0050 3-21-37-35-0040-00090-0070 3-21-37-35-0040-00090-0090 MAYERS SARAH ANN PLATT HENRY JULIEN JODY 1016 SW 3RD AVE 307 SW 10TH ST 1005 SW 4TH AVE OKEECHOBEE OKEECHOBEE OKEECHOBEE FL FL FL 34974 34974-5244 34974-5213 3-21-37-35-0040-00090-0110 HARDY PAMELA SUE 1009 SW 4TH AVE OKEECHOBEE FL 34974 3-21-37-35-0040-00130-0020 BOCKORAS CALEB B 401 SW 14TH CT OKEECHOBEE FL 34974-5210 3-21-37 35-0040-00130-0070 CHAPMAN DONALD SCOTT 7610 NW 89TH CT OKEECHOBEE FL 34972 3-21-37-35-0040-00140-0010 CLOSE THOMAS L (LIFE ESTATE) 1116 SW 3RD AVE OKEECHOBEE FL 34974 3-21-37-35-0040-00150-0010 16330B63 TRUST C/O R SIMOES, TRUSTEE 601 HERITAGE DR STE 440 JUPITER FL 33458-2777 3-21-37-35-0040-00150-0070 BIG LAKE CHURCH OF CHRIST, INC 1115 SW 3RD AVENUE OKEECHOBEE FL 34974 3-21-37-35-0040-00150-0110 SAIN LINDA RAE 1117 SW 3RD AVE OKEECHOBEE FL 34974 3-21-37-35-0040-00160-0010 AZTECA 1100 INVESTMENT LLC C/O JESUS & YOLANDA LUNA 8890 NE 12TH LN OKEECHOBEE FL 34974-8148 3-21-37-35-0040-00160-0070 OKEECHOBEE UTILITY AUTHORITY .100 SW STH AVENUE OKEECHOBEE FL 34974-4221 3-21-37-35-004A-00000-0000 BRYAN FAMILY COMMERCIAL 6300 SE 128TH AVE OKEECHOBEE FL 34974 3-21-37-35-0070-00010-0030 BROWN SHEILA K 400 SW 12TH ST OKEECHOBEE FL 34974-5254 -- ra Y • 7 T+. Y f+ Ifay X_ZKON .13 { �I i s r ,Q . SW 3RD AVE + r� �.T.b •.p'• �, �.-• •,T �'-':2 1+ Ly. ... Fw, i xt, �• it 'Ti y ln J 4 iz 1 .. _... jl '' W u�• 9°••'�: Tl r, At vi 14 • � A� 4 '•,�'t',t'k.1k � :�a�syawt.t�, i y f{.; A .I„'f�i. -�` } _T J•r.F+�S+MIMMM��MRi4Yf•• 4 � . �' '/ _ :i �- -�� .,{ 1 � _. �1"Iy. �';, �'���T.' '-: ♦ r` -� fir. '� 1 7. �' L•.fit. •,•'ti. f1:.�..• rn 1 ' i7: .... lit -' ry , Petition No. as 0b%S38 Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of ��.uy,.uB� did and the Assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this �0'p -- day of Si nature of plicant v Date L Name of Applicant (printed or typed) STATE OF FLORIDA v COUNTY OF �&G60et- The foregoing instrument was acknowledged before me by means of Mphysical presence or ❑ online notarization, this I(` day of 20 by who is personaltXknown to me or produced as identification. 5or, °4Notary Public State of Florida Patty M Burnette .aMy Commission HH 00©734 m Expires 10/02/2024 Notary Public Signature (Rev 4/2020) Page 3 of I 1 !9/22,10:56 AM Okeechobee County Property Appraiser ------ -- --- --- Okeechobee County Property Appraiser R,.ZZ)1F( 2022 Preliminary Certified Micicey L. BancE, CFA updated: 7/28/2022 Parcel: f'<1 3-21-37-35-0040-00080-0090 (34811) Aerial Viewer Pictometery- Goo-gle Maps Owner & Property Info O 2022 02021 02020 02019 02018 [_JiSales --------- CITY OF OKEECHOBEE lam`` Owner 55 SE 3RD AVE + OKEECHOBEE, FL 34974-2903 --- - - ----- 6. Site i 1003 SW 3RD AVE OKEECHOBEE !SOUTH OKEECHOBEE (PLAT BOOK 1 PAGE 12 & Description* PLAT BOOK 5 PAGE 7) LOTS 9, 10, 11 & 12 BLOCK Area 10.651 AC SIT/R 121-37-35' "A Use Code" MUNICIPAL IMP (8900) -I Tax District 150 'The Description above is not to be used as the Legal Description for this parcel in anylegaltransaction. The Use Code is a Dept. of Revenue code. Please contact Okeechobee County Planning & Development at 863-763-5548 for zoning info. (n Property & Assessment Values Values 2022 Preliminary Certified _2021 -Certified Mkt Land $39,200 Mkt Land $48,0201 Ag Land $0 Ag Land $01 Building $74,087' $61,243 Building XFOB I $857 XFOB $1,144 Just $101,300 Just $123,251 Class $0 Class $0 $123,251 Appraised $101,300 Appraised $6,884 SOH/10% Cap $0 CSOH110010 ap Fj $101.300 Assessed 1 $123,251 -Assessed Exempt $0 Exempt 04 $123,251 co,unty:$94,416 Coun tY:$0 Total c ity:$94,416 Total City:$0 Taxable other:$94,416 Taxable other:$O I school:$101.300 school:$O Note: Property ownership changes can cause the Assessed value of the property to reset to full Market value, which could result in higher property taxes. w� Sales History Sale Date sale Price 1/20/20221 $89,1001 BookiPage-.-I., Deed 2022000895 T 0036/0575 N/A Qualification I I (Codes) RCode ------ U U 11/21/1934i $0 Building Characteristics Bldg Sketch Description* Year Blt Base SF Actual F Bldg Value Sketch CHURCH (9100) 3240 3275 1 7 $74,08 __ I *Bldg Desc determinations are used by the Property Appraisers office solely for the purpose of determining tax purposes and should not be used for any other purpose. a property's Just Value for ad valorem W Extra Features & Out Buildings (Codes) Code Description Year Bit I Value Units Condition (% Good) Dims 11 -C-0 N_ CB_ I COM SLB WILK 2008 425.00 0 x 0 PD (50%) WAL3 A __Jr____ _J_$718 4'CB R/WAL 2013 I $426 I 38.00 12x7 PD (50%) [—I Land Breakdown Patty Burnette From: Jamie Mullis <jmullis@ouafl.com> Sent: Monday, August 1, 2022 9:35 AM To: Gary Ritter Cc: Robin Brock; Patty Burnette; John Hayford Subject: Re: City Lot Questions Good morning Gary, Water & Sewer is available for both of these lots. Let me know if you have any questions. Thanks, Jamie Mullis Operations Director Okeechobee Utility Authority 100 SW 5th Avenue Okeechobee, FL 34974-4221 Phone: 863-763-9460 EXT. 111 Fax: 863-763-9036 E-Mail: jmullis@ouafl.com S13 80/Chapter 2006-232, Laws of Florida (Public Records Law Regarding E-Mail) Under Florida lave, e-rnails and email 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 entity. Instead, contact this office by phone or in writing. From: Gary Ritter <gritter@cityofokeechobee.com> Sent: Friday, July 29, 2022 4:42 PM To: John Hayford <jhayford@ouafl.com>; Jamie Mullis <jmullis@ouafl.com> Cc: Robin Brock <rbrock@cityofokeechobee.com>; Patty Burnette<pburnette@cityofokeechobee.com> Subject: City Lot Questions John, Do these lots have water and sewar or just water? 1 CITY OF OKEECHOBEE FACILITY USE LICENSE AGREEMENT (Primitive Baptist Church) THIS FACILITY USE LICENSE AGREEMENT (hereinafter "this Agreement") is made and entered into this 6` day of June 2022, by and between CITY OF OKEECHOBEE, a political subdivision of the State of Florida (hereinafter "CITY") and OKEECHOBEE HISTORICAL SOCIETY, INC, a Florida non-profit corporation (hereinafter "LICENSEE"). WHEREAS, CITY is the owner of certain real property located in Okeechobee County, Florida, including the facility described in paragraph 2 of this Agreement; and WHEREAS, LICENSEE is a non-profit corporation, and desires to use the City Facility described in paragraph 2 of this Agreement; and WHEREAS, the CITY has determined that the City Facility described in paragraph 2 of this Agreement is currently not needed for City purposes; and WHEREAS, the License Fee to be paid by LICENSEE under the terms of this Agreement is less than the CITY's fees for other City -owned facilities; and WHEREAS, CITY is considering this discount to be a grant to LICENSEE, based upon CITY's determination that LICENSEE's activities are of a benefit to the community. NOW THEREFORE, in consideration of the premises, and of the mutual covenants and conditions set forth herein, CITY and LICENSEE agree as follows: 1. Recitals. The foregoing recitals are true and correct, constitute a material basis for this Agreement, and are incorporated herein by reference. 2. Grant of License; Description of License Area. a. Subject to the terms and conditions of this Agreement, CITY hereby grants to LICENSEE and LICENSEE hereby accepts from CITY, a non-transferrable License for the exclusive use and occupancy of the following City Facility (hereinafter the "License Area"): Lots 9, 10, 11, and 12 of Block 8, SOUTH OKEECHOBEE subdivision as recorded in Plat Book 1, Page 12 and Plat Book 5, Page 7, Okeechobee County public records. Parcel No: 3-21-37-35-0040-00080-0090 With an address of 1003 SW 3rd Avenue, Okeechobee, FL 34974 Page 1 of 14 b. This Agreement creates a license only, and shall not be construed to be a lease, sublease, assignment, easement, or any other conveyance of an interest in or to the License Area. a CITY may enter the License Area, including any and all buildings thereon, at any time for any purpose, including, without limitation, ensuring LICENSEE's compliance with this Agreement. 3. Purpose; Use. a. The general purpose of the License Area is to showcase the study and preservation of the history of Okeechobee by fostering an appreciation of the past, with an emphasis on local history. b. To promote the foregoing purpose, LICENSEE must limit its use of the License Area as follows, and for no other uses (hereinafter the "Activities"): i. collecting and preserving historical artifacts, photographs, and personal stories; ii. conducting research into local Okeechobee County families and businesses subsequently presented to the public through exhibits; and iii. providing public historical records. c. The foregoing uses must be open to the public, including but not limited to schools; provided, however, that LICENSEE may schedule meetings as requested by non- profit organizations or schools which are closed to the general public during such meetings, and Licensee may promote awareness of the Activities by providing a venue for private events consistent with the Activities. d. Reservations for meeting space will be made at the discretion of LICENSEE. Agreements for private use of the License Area shall be commemorated in a form identical in substance to the Venue License Agreement attached hereto as Exhibit B. e. LICENSEE shall require a written acknowledgment from any organization reserving use of the License Area for meetings that permission to use meeting space at the License Area does not constitute endorsement of the organization's policies or beliefs by CITY. f. LICENSEE must not use the License Area for any other purpose. 4. License Period; Termination. The License Area may be used and occupied by LICENSEE solely for the following period: July 1, 2022 to July 31, 2027 (hereinafter the "License Period"). This Agreement may be renewed for five (5) additional periods of five (5) years each, upon written agreement of the parties, or unless sooner terminated pursuant to the terms and conditions of this Agreement. Page 2 of 14 5. License Fee; Grant. a. License Fee. LICENSEE must pay to CITY for this License., a License Fee of One Dollar ($1.00), which must be payable upon execution of this Agreement. As further consideration for this Agreement, LICENSEE must comply with all maintenance obligations set forth in Exhibit "A". b. Grant. The parties agree and acknowledge that the License Fee to be paid by LICENSEE is less than CITY's fees charged for other City -owned facilities, which the CITY is considering to be a Grant to LICENSEE. CITY is providing such Grant to LICENSEE, to use the facility at this discounted price, because City believes that LICENSEE's activities are of a benefit to the communityand LICENSEE is a not -for - profit organization. 6. Notices. Any notices required by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand -delivery, by registered or certified mail with postage prepaid return receipt requested, or by a private postal service with proof of delivery, addressed to the parties (or their successors) at the following addresses: a. To CITY: City of Okeechobee Attention: City Administrator 55 SE 3rd Avenue Okeechobee, Florida 34974; b. To LICENSEE: Okeechobee Historical Society, Inc. PO Box 973 Okeechobee, FL 34973 And its Registered Agent: Dowling R. Watford, Jr. 701 NE 5th St Okeechobee, FL 34972 Notices sent or delivered by mail in accordance with this paragraph shall be deemed to have been given five (5) business days after the date of mailing, and all other notices delivered by any other means such as hand delivery and private postal service with proof of delivery, shall be deemed to have been given when received. 7. General Terms and Conditions. This Agreement is governed by the General Terms and Conditions attached hereto as Exhibit "A" and incorporated herein by reference. Page 3of14 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives. LICENSEE. - Okeechobee Historical Society, Inc. B� tit l .%�� as its ' � side t and-aVhorized a ent �/ g Date: a6,>-10 O a CITY. - WITNESS By: DOWLING R. WATFORD, JR., ayor ` Date: June 6, 2022 Attest: AMA LANE GAMIOTEA, CIVIC City Clerk Approved as to Form and Legal Sufficiency: By: John J. Fumero, P.A. City Attorney Page 4 of 14 EXHIBIT "A" - GENERAL TERMS AND CONDITIONS No Representations or Warranties by City. CITY makes no representations or warranties whatsoever in connection with this Agreement, including, without limitation, the condition of the License Area and its suitability for the use described in this Agreement. LICENSEE acknowledges that LICENSEE has conducted LICENSEE's own investigation and has determined that the License Area is suitable for LICENSEE's Activities. LICENSEE accepts the License Area "AS IS" and CITY has no obligation to renovate or improve the buildings located upon the License Area. 2. Control of License Area. Nothing in this Agreement is intended or shall be deemed or construed to grant to or confer upon LICENSEE any rights whatsoever in the License Area, including, without limitation, rights in connection with the alteration, condemnation, or casualty loss thereof. Without limiting the generality of the foregoing, CITY has, and shall continue to have, ultimate and unfettered control over the License Area. 3. Occupancy Interruptions. If, irrespective of fault of CITY, the License Area or any part thereof is destroyed or damaged by fire or other cause, or if, irrespective of fault of CITY, any casualty or unforeseen occurrence, including but not limited to acts of God, war, or acts of governmental authorities, renders the License Area unusable or otherwise render this Agreement impossible of performance by CITY, or if the License Area is required for public necessity or emergency use, this Agreement shall be at once terminated. Any portion of the License Fee attributable to the unused portion of the License Period will, under such circumstances, be refunded to LICENSEE, whereupon CITY shall be relieved from any further liability by reason of this Agreement, and no claims for compensation or damage shall be made against CITY by LICENSEE, and CITY shall not, in any such case, be held liable or responsible to LICENSEE for any damage caused by said termination. 4. Personal Property. a. The parties acknowledge that LICENSEE will display, exhibit, and store various items of personal property at the License Area which are owned by LICENSEE (hereinafter "LICENSEE's Personal Property"), as well as display, exhibit, and store, on an occasional or rotating basis, items of personal property owned by third parties (hereinafter "Third Party Personal Property"), which shall collectively be referred to herein as "Personal Property." b. Within thirty (30) days from the date of this Agreement, and within thirty (30) days of each anniversary date of this Agreement, LICENSEE shall provide CITY with an inventory of LICENSEE's Personal Property. m C. Within two (2) business days following placement within the License Area of any Third Party Personal Property, LICENSEE shall provide CITY with an inventory of all Third Party Personal Property within the License Area, including the name and address of the owner and the approximate value of all such Third Party Personal Property. d. LICENSEE shall be responsible for all costs incurred for transporting any and all Personal Property to and from the License Area, as well as any costs of set up and removal of Personal Property. e. There shall be no indicia of a commercial enterprise, such as "for sale" signs, displayed with the Personal Property. 5. CITY's Responsibilities for the License Area, generally. a. CITY will pay for all utilities serving the License Area, including power, water, sewer, pest control, and waste pick-up. CITY does not warrant against interruption in or failure of such utility connections and service, and CITY shall not be liable to LICENSEE or others for any loss, damage, cost, or expense which may result or arise from any such interruption or failure. b. CITY will provide insurance covering the License Area, including the buildings thereon and the Personal Property within the buildings. C. CITY will maintain the lawn and landscaped areas upon the License Area, including lawn mowing and maintaining and keeping up the planted and landscaped areas. d. CITY will clean the exterior of the buildings located upon the License Area. 3. LICENSEE's Responsibilities for the License Area, generally. LICENSEE shall do the following, at Page 5 of 14 its sole cost and expense: a. maintain the License Area in a good and safe condition; b. maintain the parking area in a clean, sightly, and serviceable condition, including removing debris therefrom; C. repair as necessary any damage to doors, windows, walls, ceilings, and floors for holes or marks resulting from decorations, signage, and displays installed by LICENSEE; d. promptly place all rubbish, trash, and debris in appropriate trash receptacles; e. provide cleaning or janitorial services as needed for the interior of all buildings at the License Area; f. provide that any equipment to be used by LICENSEE's participants is in good and safe condition; g. make suitable arrangements for the safe loading and unloading of LICENSEE's agents, employees, participants, and invitees; h. pay and be responsible for and all wages, necessary insurance, and benefits to any employees of LICENSEE hired to assist in the operation of LICENSEE's activities. Neither LICENSEE, nor those persons hired by LICENSEE, are employees of CITY, nor shall any such person have the rights privileges, or benefits as such; i. carry workers' compensation insurance if required by Florida Law for LICENSEE's Activities. LICENSEE shall hold CITY harmless from any claims by LICENSEE's employees for work - related injuries occurring on or about the License Area. LICENSEE must provide CITY with a copy of proof of workers' compensation insurance, or LICENSEE must provide CITY with a written statement that workers' compensation insurance is not required for LICENSEE's Activities; j. comply with all federal, state, and local statutes, laws, ordinances, rules, and regulations, as may from time to time be amended, in connection with the LICENSEE's use of the License Area, including, but not limited to: the Florida Clean Indoor Air Act, the City of Okeechobee Code of Ordinances, CITY's General Rules and Regulations for use of CITY's facilities, and CITY's rules applicable to each facility; k. obtain and maintain all licenses and permits required by any federal, state, or local law to perform LICENSEE's Activities and provide copies of such licenses to CITY upon request; 1. be responsible for the orderly conduct of all its agents, employees, participants, and invitees who may be upon the License Area during the License Period. CITY reserves the right to eject or cause to be ejected from the License Area any person or persons whose conduct is unlawful or otherwise objectionable; M. report loiterers not associated with LICENSEE or LICENSEE's Activities to the proper law enforcement authorities; n. have an appropriate number of adult chaperones for activities involving minors; o. be present at the License Area for the duration of LICENSEE's Activities and during meetings of any organization reserving use of the License Area, including preparation and clean-up; and p_ keep this Agreement at the License Area at all times during the License Period, and present to CITY or to law enforcement or other authorities upon request. 7. CITY's Responsibilities at the Museum building. a. CITY shall pay for all repair and replacements of the structural portions of the Museum, including roof, truss system, exterior walls, exterior doors, and windows. b. CITY shall maintain ail portions of the heating, ventilating and air conditioning ("HVAC") system serving the Museum. C. CITY shall maintain, repair, and replace, as necessary, all non-structural portions of the Museum, including but not limited to interior doors, the plumbing fixtures, the septic or sewer system, and the light fixtures. d. CITY shall be responsible for providing hurricane protection, m storm shutters or the equivalent thereof, for the Museum. e. LICENSEE agrees that CITY shall not be responsible or liable for any loss from theft, vandalism, or act of God, and all personalty present on the License Area, including, but not limited to the Personal Property, is at LICENSEE's sole risk. 8. LICENSEE's Responsibilities at the Museum building. LICENSEE shall do the following, at its sole cost and expense: Page 6 of 14 repair and replace, as necessary, all non-structural portions of the building upon the License Area, including but not limited to the interior doors, the flooring, the plumbing, the cabinetry, and window treatments, but excluding the HVAC system. Prohibited Uses and Actions. a. LICENSEE shall not make or permit any use of the License Area that would violate the rules and regulations of the License Area or any federal, state, or local law, statute, code, ordinance, rule, or regulation. b. LICENSEE shall not make or permit any use of the License Area, which would be: (1) offensive so as to constitute a nuisance; (2) unlawful under any federal, state, or county law, statute, code, ordinance, rule, or regulation; or (3) injurious to any person or property. C. LICENSEE shall not install any permanent fixtures or make any permanent alterations to the. License Area without CITY's prior written consent. d. LICENSEE shall not suffer or permit any lien to be filed against the License Area. If any such lien is filed, LICENSEE shall cause the same to be discharged of record within thirty (30) days after the date of filing the same, and shall incur all charges in the release of such lien. e. LICENSEE shall not permit the License Area to be occupied by a larger number of persons than can safely and freely move about therein, as determined in the sole discretion of CITY. f. LICENSEE shall not erect any signage without the prior written consent of CITY. g. LICENSEE shall not remove any equipment, supplies, or other personal property belonging to CITY. 10. Nondiscrimination. LICENSEE for itself, its heirs, personal representatives, successors in interest, and assigns, as part of the consideration for this Agreement, does hereby covenant and agree that no person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in LICENSEE's activities, on the grounds of race, color, religion, sex, disability, age, or national origin. 11. Insurance and Indemnification. a. During the License Period, CITY will maintain, at CITY'S sole expense, a comprehensive general liability insurance policy, or such sufficient self-insurance to protect CITY and CITY's board, employees, and agents. b. LICENSEE must defend, indemnify, and hold harmless CITY and all of CITY's officers, agents, and employees from and against all claims, liability, judgments, costs, damages, interest, penalties, loss, and expense, including reasonable costs, collection expenses, attorney's fees, and court costs which may arise by reason of LICENSEE's Activities, whether happening on or off the License Area, arising from acts or omissions of LICENSEE or LICENSEE's agents, employees, participants, or invitees, for any damage, claim or injury (including death) to persons or property. LICENSEE recognizes the broad nature of this indemnification and hold harmless provision, as well as the provision of a legal defense to CITY when necessary, and voluntarily makes this covenant and expressly acknowledges the receipt of such good and valuable consideration provided by CITY in support of these indemnification, legal defense, and hold harmless contractual obligations in accordance with the laws of the State of Florida. Compliance with any insurance requirements of this Agreement shall not relieve LICENSEE of its liability and obligation to defend, indemnify, and hold harmless CITY as set forth in this paragraph. Such indemnification shall be in addition to any and all other legal remedies available to CITY and shall not be considered to be CITY's exclusive remedy. C. LICENSEE shall not permit the License Area to be contaminated with any environmental hazard. LICENSEE shall indemnify, protect, and hold CITY harmless from any environmental damage, and if such environmental damage, resulting from LICENSEE's Activities or use of the License Area, is discovered, LICENSEE shall promptly undertake and pursue diligently appropriate steps to repair the damage and shall notify CITY of such environmental damage within twenty-four (24) hours after LICENSEE's discovery of such environmental damage. d. In the event that any claim in writing is asserted by a third party which may entitle CITY to indemnification, CITY shall give notice thereof to LICENSEE which notice shall be accompanied by a copy of statement of the claim. Following the notice, LICENSEE shall have the right, but not the obligation, to participate at its sole expense, in the defense, compromise or settlement of such claim with counsel of its choice. If LICENSEE shall fail timely to defend, contest or Page 7 of 14 otherwise protect against any suit, action or other proceeding arising from such claim, or in the event CITY decides to participate in the proceeding or defense, CITY shall have the right to defend, contest, or otherwise protect itself against same and be reimbursed for expenses and reasonable attorney's fees and, upon not less than ten (10) days notice to LICENSEE, to make any reasonable compromise or settlement thereof. In connection with any claim as aforesaid, the parties hereto shall cooperate fully with each other and make available all pertinent information necessary or advisable for the defense, compromise or settlement of such claim. e. The indemnification provisions of this paragraph shall survive the termination of this Agreement. 12. Sovereign Immunity. Nothing herein shall be construed to extend CITY's liability beyond that provided in Section 768.28, Florida Statutes. Nothing herein shall be construed as consent by CITY to be sued by a third party in any matter arising out of this Agreement. 13. Sub -Agreement and Assignment Prohibited. LICENSEE shall not enter into any sub -agreement or assignment of this Agreement, or otherwise pledge, encumber, or transfer any interest in this Agreement, either voluntarily, involuntarily, or by operation of law. 14. Events of Default by Licensee; City Remedies. a. The occurrence of any of the following shall constitute an event of default under this Agreement: i. LICENSEE fails to perform or breaches any term, covenant, or provision of this Agreement; ii. LICENSEE fails to have this Agreement present at the License Area, as required by this Agreement; iii. LICENSEE fails to maintain its status as an active not -for -profit corporation with the Florida Department of State; or iv. A major portion of LICENSEE"s Personal Property usually kept on the License Area is removed by LICENSEE voluntarily or under legal or administrative process. b. In the event of any default of this Agreement by LICENSEE, CITY shall have the right to immediate termination of this Agreement, whereupon LICENSEE's use of the License Area shall be subject to. immediate shutdown by the City of Okeechobee City Council or the Okeechobee Police Department, in addition to or in place of any and all remedies otherwise provided by Florida law. C. LICENSEE agrees that no assent, express or implied, by CITY to any breach of this Agreement by LICENSEE shall be deemed to be a waiver of any succeeding breach by LICENSEE. d. LICENSEE's default of this Agreement may result in denial of future use of any CITY facility by LICENSEE. 15. Surrender; Removal of Property. Upon the expiration or earlier termination of this Agreement or one of the renewal terms hereof, LICENSEE shall peaceably surrender to CITY possession of the License Area, in good condition and repair as when received, and LICENSEE shall remove all Personal Property from the License Area, including all Third -Party Personal Property. If LICENSEE fails to remove any Personal Property within thirty (30) days, such Personal Property shall be deemed abandoned, and CITY may remove and store same at LICENSEE's expense, or, at CITY's sole option, upon not less than thirty (30) days written notice to LICENSEE at the address shown in this Agreement, the Personal Property will become the property of CITY, and may be stored or used by CITY, or disposed of as surplus, in the manner CITY disposes of surplus personal property. In the event that any portion of the Personal Property is sold, LICENSEE shall not be entitled to any of the proceeds of such sale. 16. Miscellaneous Provisions. a. Successors Bound. All of the covenants, conditions and obligations of this Agreement shall be binding upon and inure to the benefit of the respective heirs, administrators, successors, and assigns of the parties. b. Construction. The headings or captions in this Agreement are for convenience only and are not a part hereof. C. Judicial Interpretation. If any provision of this Agreement becomes subject to judicial interpretation, it is agreed that the court interpreting or considering such provision will not apply the presumption or rule of construction that the terms of this Agreement be more strictly Page 8of14 construed against the party which itself or through its counsel prepared the same, because all parties have participated in the preparation of the final form of this Agreement through review and negotiation of terms, and therefore, the application of such presumption or rule of construction would be inappropriate and contrary to the intent of the parties. d. Severability. In the event that any provision of this Agreement is determined to be invalid, illegal, or unenforceable for any reason, such provisions shall be severed from this Agreement and such severance shall not invalidate any other provision of this Agreement or this Agreement itself. e. Entire Agreement. This Agreement contains the entire agreement between the parties, and no prior or independent agreements or understandings between the parties shall be effective for any purpose. LICENSEE acknowledges that any representations, statements, or negotiations made by CITY or by any of the City's staff, employees, counsel, or any other agent, do not suffice to legally bind CITY, unless such representations have been reduced to writing and fully executed by all of the parties. f. Written Modifications. No provision of this Agreement may be changed or modified except by an agreement in writing executed by all of the parties or their successors in interest. g. Venue; Law. Venue for all court proceedings to enforce or interpret this Agreement shall be in Okeechobee County, Florida, and such proceedings shall be governed by the laws of the State of Florida. h. Time is of the Essence. The parties agree that time is of the essence in performance of this Agreement. i. Relationship of Parties. LICENSEE shall never become the agent of CITY, and CITY shall not be responsible for the acts or omissions of LICENSEE or LICENSEE's agents, employees, participants, and invitees. j. Attorneys' Fees and Waiver of Jury Trial. In the event of any litigation between the parties, the prevailing party shall be entitled to recover reasonable attorneys' fees and court costs from the losing party, at the trial and appellate levels. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY. k. Material Breach. The failure of LICENSEE to comply with any terms or conditions of this Agreement shall be considered a material breach of this Agreement. 1. Cross Default. A default under the Agreement will operate as a default of any pre-existing or subsequent Agreement between CITY and LICENSEE. M. Survival. Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. n. Non -assignability. This Agreement shall not be assignable by LICENSEE unless such assignment is first approved in writing by CITY. Page 9 of 14 EXHIBIT "B" - VENUE LICENSE AGREEMENT Page 10 of 14 VENUE LICENSE AGREEMENT — OICEECHOBEE HISTORICAL SOCIETY — This Venue License Agreement ("Agreement") is entered into by and between Okeechobee Historical Society, Inc., a Florida not -for -profit corporation (the "Licensor") and the undersigned person or persons (the "Licensee"). In consideration of the mutual covenants, terms, and conditions set forth herein, the parties agree as follows: 1. License of Venue. Subject to the terns and conditions of this Agreement, Licensor agrees to grant to Licensee a license to the event area located at 1003 SW 3rd Avenue, Okeechobee, FL 34974 (the "Venue") during the following date and times (the "Event Period") Date Time Initial Access to the Venue for Setup Rehearsal — Start Rehearsal — End Start of Event End of Event Deadline for Cleanup and Equipment Removal and for the following purpose: 2. Venue Rental Pricing. In consideration for its use of the Venue during the Event Period, Licensee shall donate the sum of (the "Donation") to Licensor. The Donation sum will be due to Licensor no later than four (4) months prior to the Event Period. The Donation is due regardless of cancellation by the Licensee. Any events booked within fewer than four months of the Event Period will be paid in full the time of booking. 3. Return of Venue Premises. Licensee agrees to clean out all personal items and return the Venue to Licensor in the same condition as it was found at the start of the Event Period. All trash, food supplies, decorations and any other materials brought into the Venue by Licensee or its guests, agents, vendors or employees must be removed by the date and time identified above as "Deadline for Cleanup and Equipment Removal." Guests are permitted to leave vehicles overnight if they are unable to drive themselves in a safe manner but must be removed by the date and time identified above as "Deadline for Cleanup and Equipment Removal" Any guest vehicles left at the Venue shall be at the guests' own risk. 4. Prohibited Substances. Licensee is not permitted to use fireworks, sparklers, or an open flame at the Venue or on the surrounding property without the written permission of the Licensor. In addition, alcoholic beverages are prohibited. Licensee will comply with all applicable laws including, without limitation, ensuring that no illegal drugs are brought to the Venue by Licensee or by any of Licensee's guests. 5. Damage to Venue and Surrounding Property. Licensee is responsible for any and all damage to the Venue and surrounding property caused by Licensee or by Licensee's guests, agents, vendors or employees. Licensor shall inspect the Venue after end of the Event Period to determine whether any damage was sustained to the Venue or surrounding property. Licensor shall notify Licensee of any damage resulting from Licensee's use and occupancy of the property. Licensor may repair and remedy and damage at Licensee's expense. Page 11 of 14 6. Unavailability of Venue. Should the Venue become unavailable for all or a portion of the Event Period due to damage by fire, flood or other cause or Act of God, or should Licensor be unable to fulfill the terms of this Agreement due to any unforeseen occurrence outside of Licensor's reasonable control, then this Agreement shall terminate and Licensor shall be liable only for the fees paid by Licensee up to the time of such termination. For the avoidance of doubt, this Section 8 shall survive the termination of this Agreement. 7. Limitation of Liability. Licensee acknowledges and agrees that LICENSOR IS NOT LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS OR REVENUE OR DIMINUTION IN VALUE), REGARDLESS OF WHETHER THE CLAIM SOUNDS IN CONTRACT, TORT, OR OTHERWISE. Further, Licensee acknowledges and agrees that IN NO EVENT SHALL LICENSOR'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNT OF THE DONATION. For any and all claims arising out of or related to this Agreement, Licensee shall seek recovery only against Licensor and not against any individual associated with Licensor or the owner of the real property where the Event Period is being licensed. For the avoidance of doubt, this Section 9 shall survive the termination of this Agreement. 10. Venue Condition. Licensee acknowledges that he/she has been offered the opportunity to inspect the Venue and accepts the Venue in its current condition. 11. Liability Insurance. Licensee is required to carry liability insurance, satisfactory to Licensor, and such policy shall be for no less than $1,000,000.00 and shall cover the Event Period. The company or companies writing any insurance policy which Licensee is required to carry and maintain or cause to be carried or maintained pursuant to this Agreement as well as the form of such insurance shall at all times be subject to Licensor's approval. The required insurance policy evidencing such insurance shall name both Licensor and the City of Okeechobee, Florida as additional insureds and shall also contain a provision by which the insurer agrees that such policy shall not be canceled except after thirty (30) days written notice to Licensor. Proof of each such policy or a certificate thereof, shall be provided to the Licensor by Licensee at least thirty (30) days prior to the date identified above as "Initial Access to the Venue for Setup." If Licensee fails to perform any of its obligations under this section, Licensor may terminate this Agreement 12. Waiver of Right to Recover. Notwithstanding any provision of this Agreement to the contrary, if Licensee suffers a loss or damages, and if typically such loss or damages would be covered under any policy of insurance that Licensee is required to maintain pursuant to this Agreement, then Licensee hereby releases Licensor to and from any and all liability for each such loss or damage, notwithstanding that such loss, damage or liability may arise out of the negligent or intentionally tortious act or omission of the Licensor, its agents, officers or employees and/or notwithstanding that Licensee has failed to maintain the insurance policy required to be maintained by it under this Agreement. The foregoing release shall be effective only so long as it is possible to obtain the insurance policies required to be maintained pursuant to this Agreement with provisions in such policies to the effect that such release shall not impair the effectiveness of such policy or the insured's ability to recover thereunder. Licensee hereto shall use reasonable efforts to have a clause to such effect included in its said policies, and shall promptly notify Licensor in writing if such clause cannot be included in any such policy. 13. Indemnification. Licensee agrees to indemnify and hold Licensor and its members, employees, successors, assigns, agents, and other representatives harmless from any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, incurred by Licensor from any third - party claim arising from or out of any act or omission, whether negligent or intentional, of Licensee or Licensee's guests, agents, vendors or employees. Licensee further agrees to indemnify and hold the City Page 12 of 14 of Okeechobee, Florida and its members, employees, successors, assigns, agents, and other representatives harmless from any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, incurred by the City of Okeechobee, Florida from any third -party claim arising from or out of any act or omission, whether negligent or intentional, of Licensee or Licensee's guests, agents, vendors or employees. 14. Destruction of Licensee's Property. The Licensor shall not be held responsible for any loss or damage, including damage to Licensee's personal property nor the personal property of Licensee's guests, agents, vendors or employees. 15. Contract Approval. Upon receipt of the Donation and this Agreement executed by Licensee, Licensor shall review the proposed Agreement and issue an approval or denial of this Agreement within three (3) business days. Licensee agrees and acknowledges that this Agreement may be approved or denied at the sole discretion of the Licensor. If the proposed Agreement is denied by the Licensor, Licensor shall return the Donation to Licensee within three (3) business days of the decision. 16. Permits and Licenses. Licensee is responsible for procuring all necessary permits and licenses, if any, required for use of the Venue during the Event Period. Licensor shall reasonably cooperate with Licensee to secure all necessary permits and licenses. Server organization must also carry its own $1,000,000.00 liability insurance policy or be insured by the caterer. 17. Removal from Venue. Licensee is responsible for the acts of his/her guests, agents, vendors and employees. Licensor reserves the right to remove any person from the Venue that Licensor believes is disrupting, obstructing, or damaging the Venue or surrounding property. 18. Governing Law, Jurisdiction and Venue. This Agreement is governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would require or permit the application of laws of any jurisdiction other than those of the State of Florida Any legal suit, action or proceeding arising out of or related to this Agreement or the matters contemplated hereunder must be instituted exclusively in the courts of Okeechobee County, Florida and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding and waives any objection based on improper venue or forum non conveniens. 19. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each Party hereto. If and when included within the term "Licensee," as used in this Agreement, there is more than one person or entity, each shall be jointly and severally liable for the obligations of Licensee. 20. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability does not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. 21. Counterparts. This Agreement may be executed in any number of counterparts, each of which is deemed an original, and all of which together constitute one and the same instrument. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement. 22. Assignment. Licensee may not assign any of its obligations hereunder without the prior written consent of the Licensor. 23. Non -endorsement by Licensor and City. LICENSEE hereby acknowledges that LICENSOR's execution of this Agreement does not constitute and endorsement by LICENSOR or the City of Okeechobee of the LICENCEE's policies views or beliefs. Page 13 of 14 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. LINCESEE: (Print Legal Name) By: (Signature of Authorized Signer) Its: (Printed Name of Authorized Signer) Dated: OKEECHOBEE HISTORICAL SOCIETY, INC: By: (Signature of Authorized Signer) Its: (Printed Name of Authorized Signer) Dated: Page 14 of 14 )AZ INDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Ka- trina Elsken Muros, who on oath says that she is Editor in Chief of the Lake Okeechobee News, a weekly news- paper published in Okeechobee County, Florida; that the attached copy of advertisement, being a Public Notice in the matter of Public Notice in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said news- paper in the issues of 10/05/22 (Print Dates) or by publication on the newspaper's website, if authorized, on 10/05/22, 10/06/22, 10/07/22, 10/08/22, 10/09/22, 10/10/22, 10/11/22, 10/12/22 (Website Dates) Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. L Katrina Elsken Maros Sworn to and subscribed before me by means of Physical Presence 0 Online Notarization physicalpresence or online notarization, this 5th day of October. 2022, % aYF JANET SUE MADRAY 1,ly COMMISSION # HH 129146 *: a. =� EXPIRES; Ma/ 12, 2025 6oitdad Thru `lotary Public UndPrNWtiters —=u.Y+wa1 (Signature of Notary Public) STAMP OF NOTARY PUBLIC MINUTE FILE Lake Okeechobee News 313 NW 4th Avenue Okeechobee, FL 34972 863-763-3134 CITY OF OKEECHOBEE PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE NOTICE IS HEREBY GIVEN tlatteCtyV oftneCrtyc1=1chee will oxdud a Public Hearing m OcioFxr 18, 2022, 6 PM, c won ihae- after as po�tlle, at Gry Hall, 55 3rd Aee, Ck talx�, R, to ctxnder final reading (cfadoPtion of the fdbMn9 Orlhnarx irk taw (Nor 1263): AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICU- LARLY DESCRIBED HEREIN FROM SINGLE FAMILY RESIDENTIAL TO PUBLIC FACILITIES, APPLICATION NO. 22-007-SSA; PRO- VIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILTLY; PROVIDING FOR AN EFFECTIVE DATE The Ordinance addr=es Smal Sale Canpre`nst5ne Plan Futim Land Uw Map M�dmv== Na 22-007-SSA, srdmilbad try tlhe lily d Qkwtutbee, as the p uparty awns; on 0.65+/- acres The poperty is bat- ed at 1003 SW 3rd Aeene legal D smptim: LOTS 9 THROUGH 12 OF BLOCK 8, SOUTH OKEECHOBEE, PLAT BOOK 1 PAGE 12 AND PLAT BOOK 5 PAGE 7, OKEECHOBEE COUNTY PUBLIC RECORDS. The Public is inviWd to attend the Pubic and be heard on all matters. The proposed ordnance an be' rtr its entirEly at d)e address abae (kr rs3ular b=rxss h0us, Monfii, 8 PM4:30 Pt•1, for holidays, or on the wdlsle https://�mrrJpul�lk-no- ti�Yknl. BE ADVISED tut should you uU3d m shav aM doa,mart, pidwe, or chars to the Council in aypatoropposition to arry item on the a (a the Gt�/s rar ANY PERSON DECIDINGTO APPEAL any dei9on made the Courwl with tin arty nutter aamdered at Lis meeting will me>Sureawtxntimrceadofthepruoce irg'smadeardtherend includes to hatff" and eAderee upon Midi the appeal will be bad. In woordance wdh the Amaians wdh 06aUlifies At, persons with disablroes naming dal aovm cclaton b participate in this prooeeding should Contact the Cdy OaKs Cfice in ptr5on a'at Florida 863-763r814, H3arirrgg Impaired: Relay 7-1-1 no lam tun far tu9ness days pri r bo proces7mg• BY Cfi' Oak Lane Ganiolm, QMC 562752 LON 10/5r2022 �2345��8 Q.4. Q 9 RECEIVED N OCT 0 5 2022 �W 849571 tit