2022-09-15 V. B. App 22-007-SSA Exhibit 2 City of Okeechobee Date: 7a J2 Petition No. -(b 7 SS fl
General Services Department Fee Paid: N/A Jurisdiction:
55 S.E.3rd Avenue,Room 101 1"t Hearing: q-15.42 2°d hearing: IC-IA-.2a.
Okeechobee,Florida 39974-2903
Phone: (863)763-3372,ext.9820 Publication Dates:
Fax: (863)763-1686 Notices Mailed: 8-3i-.
APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT
To BE COMPLETED BY CITY STAFF:
Verified FLUM Designation: 9 P %i4 ii lin I
Verified Zoning Designation: RSF-
Plan Amendment Type: ❑ Large Scale(LSA)involving over 100 acres or a Text Amendment
mall 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)
APPLICANT 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 11 X 17 are 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.
(12/V1.20-2-?--
Date ignat of Owner or <c(nIfrtfS1P '
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, Ext.9824
(October 2021)Page 1 of 7
Appiicaton for Comprehensive Plan Amendment
APPLICANT/AGENT/OWNER INFORMATION
Q4yo.F bkeeckke e.
Applicant
,55 SE 36d 4 Venwe)
Adtreedeobee54,414
City State Zip
f it3-1 G 3- 48 40
Telephone Number Fax Number E-Mail
Pit r 0,1Adml/l,s1 rzi k)
•
Agent n,
a,t� Ceovrad SenncfS C .)
Address
SAME Attve
City State Zip
colatchbistte6-47
3liet.e
Telephone Number Fax Number E-Mail,
OblOrittit. e eifil ol%alaechabee.cft
0,t of Kee&
Owner(s) of Record
Skate q-s
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 of 7
Applicaton for Comprehensive Plan Amendment
II. REQUESTED CHANGE (Please see Section V. Fee Schedule)
A. 'TYPE: (Check appropriate type)
❑ Text Amendment /Al Future Land Use Map(FLUM)Amendment
B. SUMMARY OF REQUEST(Brief explanation):
FPropei fl Was, 0.q a t,r ec(, log cLM &hj Voitt ht-t Sa k •
Ill. PROPERTY SIZE AND LOCATION OF AFFECTED PROPERTY (for amendments affecting
development potential of property)
A. PROPERTY LOCATION:
l. Site Address: 1003 SO flV 41I.'
2. Property ID#(s): 3-oZ I-3136-- 00440--0o080-00g0
B. PROPERTY INFORMATION(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.)
i. Total Area of Property: . 651 aCr is
2. Total Area included in Request: •106 lames
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 of 7
Applicaton for Comprehensive Plan Amendment
3. Current Zoning: t'1SF 1
4. Current FLU Category: SF 12)es haJ
5. Existing anc Use: ?rsrn'hVe Baph3f Char h b21 1.t Liza( bbtI NI-��
6. Rat nested FLU Ca e�eorv: PF O ecciia L
e As/meet/1 &vett/
D. MAXIMUM DEVELOPMENT POTENTIAL OF THE SUBJECT PROPERTY'
Development'Type
Existing FLU Proposed FLU
Category Category
Residential
Density (DU/Acre)
Number of Units
Commercial (sq. ft.)
Industrial (sq. ft.)
IV. AMENDMENT SUPPORT DOCUMENTATION
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.
I. Wording of any proposed text changes.
? 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 11 xl 7; 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 4 of 7
Applicaton for Comprehensive Plan Amendment
7. A copy of the deed(s)for the property subject to the requested change.
8. 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.
1. 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 determine 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) Page 5 of 7
Applicator 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 II and lil 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 IMPACTS
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 COSll'RElIENslvE 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 AMENDMENT
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 $2,000.00 each
VI. 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 enjer_u n the perty during normal working hours for the purpose of investigating
and eval g the est ugh this application.
Sign re of ner or Authorized Agent Date
a i k ' - dldttnin is �
Typed tr Printed Name
STATE OF FLORIDA
COUNTY OF D K QLU o
The foregoing instrument as acknowledged before me by means of.physical presence or 0 online
notarization,this day of ,20 2.1 , by ,who
Name of Person)
is personally known to me or produced as identification.
A4,"°its Notary Public State of Florida
? Patty M Burnett
i r My Commission NH 000734 Notary Public Signature
lkior 010" Expires 10/02/2024
OEM'°+
For questions relating to this application packet,call the General Services Dept. at (863)763-3372,Ext.9824
(July 2021) Page 7 of 7
• oFCeon- Official Records File#2.022000895 Page(s):1
'et, Jerald D Bryant,Clerk of the Circuit Court&Comptroller
1rA Okeechobee,FL Recorded 1/21/2022 8:53 AM
C Fees:RECORDING$10.00 D DOCTAX 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 Jst 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 having appeared to redeem said land;such land was sold on the 20th day of
January.2022, offered for sale as required by 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 $89,100.00, Eighty-Nine Thousand One Hundred& No/100 Dollars, being
the amount paid pursuant to the Laws of Florida does hereby sell the following lands,including any
hereditaments, buildings,fixtures and improvements of any kind and description, situated in the County and
State aforesaid and described as follows:
SOUTH OKEECHOBEE(PLAT BOOK 1 PAGE 12&PLAT BOOK 5 PAGE 7)LOTS 9, 10, 11 & 12
BLOCK 8
PARCEL#: 3-21-37-35-0040-00080-0090
JERALD D BRYANT
Witnesses: Clerk of the Circuit Court& Comptroller
fat u uAll. off
Kyle gh Jones �� ti 134
By:/4
Frances Conner
Madalyn Pi on,Deputy Clerk efteEe
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
On this 20th day of January,2022,before me Frances Conner., personally appeared,Madalyn Pinon,
a Deputy Clerk for the Clerk of the Circuit Court or County Comptroller in and for the State and this County
known to me to be the person described in,and who executed the foregoing instrument,and acknowledged
the execution of this instrument to be his own free act and deed for the use and purposes therein mentioned.
Witness my hand and office seal date aforesaid.
~,`v►cyv FMNCESCONNER NOTARY PUBLIC
�,••.' c Com a:talon i HFI OtMSS%
*.�} r EBPk$JdY1.2024
)Ct"
ADDRESS 1 ADDRESS 2 '.LITY.. ZIP
4 3-21-37-35-0040-00040-0010 STANLEY CHRISTOPHER 301 SW 9TH ST OKEECHOBEE FL 34972-4303
3-21-37-35-0040-00040-0040 WILSON BOBBIE LEE 910 SW 3RD AVE OKEECHOBEE FL 34974-5228
3-21-37-35-0040-00040-0110 WILSON BOBBIE LEE REVOC TRUST 910 SW 3RD AVE OKEECHOBEE FL 34974-5228
3-21-37-35-0040-00050-0030 PARKER RODNEY JUSTIN 908 SW 2ND AVE OKEECHOBEE FL 34974-5216
3-21-37-35-0040-00050-0050 BURTON JAMES W PO BOX 683 OKEECHOBEE FL 34973-0683
3-21-37-35-0040-00050-0060 BURTON JAMES W PO BOX 683 OKEECHOBEE FL 34973-0683
3-21-37-35-0040-00050-0090 MEARA DANIEL T 905 SW 3RD AVE OKEECHOBEE FL 34974
3-21-37-35-0040-00050-0100 MUNSON LAURA PO BOX 625 OKEECHOBEE FL 34973-0625
3-21-37-35-0040-00050-0120 SNOW ELBERT 915 SW 3RD AVE OKEECHOBEE FL 34974-5227
3-21-37-35-0040-00060-0110 SAUSHA LLC 120 SW 8TH STREET MIAMI FL 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 FL 34996-3310
3-21-37-35-0040-00070-0070 GARCIA NAHUM H 115 SW 10TH 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 MAYERS SARAH ANN 1016 SW 3RD AVE OKEECHOBEE FL 34974
3-21-37-35-0040-00090-0070 PLATT HENRY 307 SW 10TH ST OKEECHOBEE FL 34974-5244
3-21-37-35-0040-00090-0090 JULIEN JODY 1005 SW 4TH AVE OKEECHOBEE FL 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 44n II TITER 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 5TH 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
•
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SW 12TH ST--- t' SW 12TH ST ;
1: 1 1 _ l-ikkilkg .eel ;.,- % E
Petition No. 41-06 7 SSf
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 , 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 day of
Cb u.s+
?AL116r0/
Si ature of pplicant Date
aco,t 6d4cr- Calf mtnts/r ram'
Name of Applicant(printed or typed)
STATE OF FLORIO A f
COUNTY OF e cL bec..
The foregoing instrument was acknowledged before me by means of❑ physical presence or❑online
notarization, this day of (tt 8- , 20 , by �2 f .+ , who is personally known
to me or produced as identification.
�� NotaryPuglcSt (Florida Patty
�/J /�►/ nPaottrMurnette e t bko
'� - '' My Commission NM OatJ73-",
44-4011°' typ rgs ialozi2c�za Notary Public Signature
(Rev 4/2020) Page 3 of 11
7/29/22,10:56 AM Okeechobee County Property Appraiser '
Okeechobee County-Properly Appraiser R� 1 I• 2022 Preliminary Certified
Mickey L.Sandi,CFA I updated:7/28/2022
Parcel: « 3-21-37-35-0040-00080-0090(34811) »'
Aerial Viewer Pictometery Google Maps
I 'Owner& Property Info ®2022 0 2021 kt 2020 0 2019 0 2018 (__Sales I
CITY OF OKEECHOBEE r. :' r'
‘":.--- - I-Vi' .IFOwner 155 SE 3RD AVE 14
+ t• • ;�
'OKEECHOBEE, FL 34974-2903 ; ,
Site '1003 SW 3RD AVE OKEECHOBEE r '
—�---AI SOUTH OKEECHOBEE(PLAT BOOK 1 PAGE 12& •
Description* I PLAT BOOK 5 PAGE 7)LOTS 9, 10, 11 &12 BLOCK iik
tAti
Area 0.651 AC I S/T/R 121-37-35 rillit63 PA 1 .
Use Code** MUNICIPAL IMP(8900) Tax District 150 ' „ It' 7tR;
*The Description above Is not to be used as the Legal Description for this parcel j ' '
In any legal transaction. '. , . i( is .. i
i*`The Use Code is a Dept.of Revenue code.Please contact Okeechobee County ; * .. p t
Planning&Development at 863-763-5548 for zoning Info. • ; qk s ` A .• 1 -‘ --).
y f
(Property&Assessment Values ' • i � ti ► µ. - 'r
2021 Certified Values 2022 PreliminaryCertified i t'{~1 ' s. , i '— .__--__-r--- ----------..—.—.—_ •,•,,,.; ,�, � � vita'' I • ,e_ t"
Mkt Land $39,200 Mkt Land I $48,020 j .,,ti ° .li,"- tr
iJ Ag Land $0 Ag Land .._ _..� $0., ; kTat:—
t 's .. .1,-.• 'r �L-,., •
Building ~� $61,243 Building $74,087; .1,
XFOB 1 $857 XFOB I $1,144! `'r' - ? • 4
Just (_ �$101,300 Just — —_I $123,251 i s • "S!s
Class I $0 Class I $0 t
. .
Appraised $101,300 Appraised ( $123251 j ' ;
SOH/10% SOH/10%Cap ! : -R
Cap(?) 11111.1116
$6,884 (�) $0 r t•i•=.
Assessed I $101,300 Assessed $123 251 4�
Exempt $0 Exempt 04i $123 251 ,< ?i
county:$94,416 I county$0 4 T
Total city:$0 Total city:$94,416 , ty:$ ir.. .,
'
Taxable other:$94,416 Taxable other$0 :.
•
.........
school$0 i . t?', '
schoot:$101,300 i N , , a•
ilie
r sNote:Property ownership changes can cause the Assessed value of fhe ; , • `' -
property to reset to full Market value,which could result in higher property • 4
taxes. — - AL- '
lir Sales History
e $89,100_ 2022000895 TD I I I tion(Codes) � RCode
Sa a Date Sale Price Book/Page Deed V/I Qualifica
1/20/20221u _.___._.-- j-- 11 ___...-_ I
L_____--11/21/19341 $0; 0036/0575 N/A I I 1 U
Building Characteristics
Bldg Sketch Description* I Year Blt Base SF I Actual SF I Bldg Value Sketch CHURCH(9100) I 1925 — 3240 I 3275 I $74,087
*Btde Desc determinations are used by the Property Appraisers office solely for the purpose of determining a property's Just Value for ad valorem
tax purposes and should not be used for any other purpose.
Nr Extra Features&Out Buildings (Codes) _
Code I Description Year Blt T Value Units I Dims Condition(%Good) —^
CONC B r COM SLB WLK 2008 I $718 1 425.00 I 0 x 0 1 PD(50%)
WAL3 A I 4'CB R/WAL 2013 I $426 I 38.00 I 12 x 7 I PD(50%) I
' Land Breakdown 1
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
SB 80/Chapter 2006-232, Laws of Florida (Public Records Law Regarding E-Mail)
Under Florida faw, e-mails 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 6th 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
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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.
c. 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 community and 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 3 of 14
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized representatives.
LICENSEE:
Okeechobee Historical Society, Inc. ��
C< &17(e)
as its P��4side and-aCithorized agent WITNESS
Date: , 9,//
CITY:
By: �� DOWLING R. WATFORD, JR.,
ayor
Date: June 6, 2022
Attest: (A
LANE GAMIOT , CMC
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
1. 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.
6. LICENSEE's Responsibilities for the License Area, generally. LICENSEE shall do the following, at
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•
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;
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;
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 all 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
a. 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.
9. 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 olbligation 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 7'68.28, 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:
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 8 of 14
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.
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 Rosing 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.
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
—OKEECHOBEE 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 terms 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'spolicies, 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
239
VI. PUBLIC HEARING CONTINUED
B. Continued: thereby, we support advertising the Charter revisions with the same language
currently in your agenda as a single ballot item(Exhibit 2). I regret I am unable to attend in
person this evening but want to be sure that the community support for your previous action
on this Item is known,recognized,and documented for the record as you continue your efforts
to improve our City and modernize the Charter.Thank You for your continued service to our
community."
Council Member Chandler made a motion to amend proposed Ordinance No. 1253 to separate the
issue of the position of City Clerk changing to an appointed position from the other items listed in the
charter.Motion to amend failed due to the lack of a second.
Motion and second by Council Members Clark and Jarriel to amend proposed Ordinance No.1253 to
correct errors in Article 5 paragraphs b,d,and g removing any reference that the City Clerk position is
elected;and in the first"Whereas"paragraph,correct to read appointed residents,not City residents.
Motion to Amend Carried Unanimously.Vote on Motion as Amended Carried three to two,Mayor
Watford and Council Member Chandler voting no.
MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:33 P.M.
VII. NEW BUSINESS
A. Motion and second by Council Members Jarriel and Chandler to review and approve the Fiscal Year
(FY) 2020-21 Audited Financials prepared by Carr, Riggs and Ingram [as presented in Exhibit 3].
Motion Carried Unanimously.
B. Motion and second by Council Members Jarriel and Keefe to read by title only,proposed Ordinance
No.1254 regarding Land Development Regulation(LDR)Text Amendment Application No.22-001-TA
for home-based businesses[as presented in Exhibit 4].Motion Carried Unanimously.
Attorney Hyden read proposed Ordinance No.1254 by title only as follows:'AN ORDINANCE OF THE
CITY OF OKEECHOBEE,FLORIDA;AMENDING SECTION 90-633,HOME OCCUPATION WITHIN
CHAPTER 90,LDR'S OF THE CODE OF ORDINANCES;PROVIDING FOR CONFLICT;PROVIDING
FOR CODIFICATION;PROVIDING FOR SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE."
Motion and second by Council Members Chandler and Jarriel to approve the first reading of proposed
Ordinance No.1254 and set July 5,2022,as the final hearing date.Motion Carried Unanimously.
C. Motion and second by Council Members Keefe and Jarriel to read by title only,proposed Ordinance
No.1258,extending the sunset date one year for Ordinance No.1224,adopting the Holding Property
Rezoning Program[as presented in Exhibit 5].Motion Carried Unanimously.
Attorney Hyden read proposed Ordinance No.1258 by title only as follows:"AN ORDINANCE OF THE
CITY OF OKEECHOBEE, FLORIDA; EXTENDING THE HOLDING REZONING PROGRAM
CREATED BY ORDINANCE 1224; PROVIDING FOR A ONE (1) YEAR SUNSET CLAUSE;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION;AND PROVIDING FOR AN EFFECTIVE DATE."
Motion and second by Council Members Chandler and Jarriel to approve the first reading of proposed
Ordinance No.1258 and set July 5,2022,as the final hearing date.Motion Carried Unanimously.
D. Motion and second by Council Members Jarriel and Chandler to approve a budget amendment in the
amount of$9,379.62, not to exceed$10,000.00, to rewire the Council Chambers [as presented in
Exhibit 6].Motion Carried Unanimously.
E. Discussed local and state regulations for the use of fireworks. Per the discussion and, at the
recommendation of Attorney Hyden,Mayor Watford stated that it was the consensus of the Council
that the Code of Ordinances be amended with Police Staff input.
F. Motion and second by Council Members Clark and Keefe to approve a Facility Use License Agreement
with the Okeechobee Historical Society,Inc.,regarding use of the Primitive Baptist Church property[as
presented in Exhibit 8,located at 1003 Southwest(SW)3rd Avenue,Legal Description:Lots 9 through
12 of Block 8,SOUTH OKEECHOBEE,Plat Book 1,Page 12 and Plat Book 5,Page 7,Okeechobee
County Public Records].Motion Carried Unanimously.
JUNE 7,2022,CITY COUNCIL REGULAR MEETING,PAGE 3 OF 4
22-007-SSA
Comprehensive Plan Amendment Staff Report
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Address 11003 SW 3rd Avenue
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Prepared for The City of Okeechobee
MORRIS.
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a. r
Comprehensive Plan Amendment 09/02/2022
Staff Report Petition No. 22-007-SSA
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
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 5, 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 Church Museum
Acreage .651 .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 RSF-1, RMF Residential, Church
Residential
West Single-Family Residential RSF-1 Residential
Description of Request and Existing Conditions
The request for consideration by the Okeechobee County 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
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Comprehensive Plan Amendment " 09/02/2022
Staff Report Petition No. 22-007-SSA
Residential Single-Family (RSF) 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 lease 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 greater than 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
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Comprehensive Plan Amendment 09/02/2022
Staff Report Petition No. 22-007-SSA
Environmental Impacts
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.
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.
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
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Comprehensive Plan Amendment 09/02/2022
Staff Report Petition No. 22-007-SSA
3. 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 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.
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" Comprehensive Plan Amendment 09/02/2022
Staff Report Petition No. 22-007-SSA
Supplemental Exhibits
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CITY OF OKEECHOBEE 5 MORRI_S,
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Comprehensive Plan Amendment 09/02/2022
Staff Report Petition No. 22-007-SSA
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CITY OF OKEECHOBEE 6 MORRIS
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Comprehensive Plan Amendment 09/02/2022
Staff Report Petition No. 22-007-SSA
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CITY OF OKEECHOBEE 7 MORRIS
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