2023-08-15 VI. B. Exhibit 4 • •
Exhibit 4
08/15/2023
RESOLUTION NO. 2023-07
A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RELEASING THE
CITY'S RIGHT OF FIRST REFUSAL TO PURCHASE OKEECHOBEE COMMERCE
CENTER LOTS 1 AND 2; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City of Okeechobee, Florida("City"), has received notice that Westlake Royal Roofing,
LLC ("Purchaser") has entered into a contract to purchase the real property known as Lots 1
and 2, CITY OF OKEECHOBEE COMMERCE CENTER(the"Property"),from MDC Industrial,
LLC for the sum of$657,000.00; and
WHEREAS,the City has the right to purchase the Property pursuant to a certain Right of First Refusal,
provided in the Declaration of Protective Covenants, Restrictions, Reservations, Servitudes,
and Easements Affecting Okeechobee Commerce Center, made by the City Council on May
4, 2004, and recorded in the Official Records of Okeechobee County, Florida at Book 530,
Pages 1952 through 1972 (the "Declaration"); and
WHEREAS,the City finds that it is in the best interest of the citizens to release its Right of First Refusal
as set forth above by making the appropriate selection and executing the Release of Right of
First Refusal attached hereto as Exhibit A.
NOW, THEREFORE, be it resolved 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: Ratification. The foregoing "WHEREAS" clauses are ratified and confirmed as being
true and correct and are made a specific part of this Resolution.
SECTION 2: Release. The City hereby releases any and all Rights of First Refusal pursuant to the
Declaration as it relates to the purchase of the Property by Purchaser.
SECTION 3: Conflict.All resolutions or parts of resolutions in conflict herewith are hereby repealed.
SECTION 4: Severability. If any provision or portion of this resolution is declared by a court of
competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and
portions of this resolution shall remain in full force and effect.
SECTION 5: Effective Date. This Resolution shall take effect upon the adoption date.
INTRODUCED AND ADOPTED in regular session this 15th day of August 2023.
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, City Attorney
Nason Yeager Gerson Harris & Fumero, P.A.
RESOLUTION No. 2023-07, PAGE 1 OF 1
•
RELEASE OF RIGHT
OF FIRST REFUSAL
The City of Okeechobee, Florida (the "City") acknowledges that Westlake Royal
Roofing, LLC ("Purchaser") is proposing to purchase the property known as CITY OF
OKEECHOBEE COMMERCE CENTER Lots 1 and 2, having Okeechobee County
Property Appraiser Parcel Identification Numbers 3-15-37-35-0020-00000-0010 and 3-
15-37-35-0020-00000-0020, respectively and the following legal descriptions:
LOT 1, OF CITY OF OKEECHOBEE COMMERCE CENTER,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 7, PAGES 10 THROUGH 14, INCLUSIVE, OF THE PUBLIC
RECORDS OF OKEECHOBEE COUNTY, FLORIDA; and
LOT 2, OF CITY OF OKEECHOBEE COMMERCE CENTER,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 7, PAGES 10 THROUGH 14, INCLUSIVE, OF THE PUBLIC
RECORDS OF OKEECHOBEE COUNTY, FLORIDA;
collectively hereinafter, "the Property".
The City understands that it has the right to purchase the Property pursuant to a certain
Right of First Refusal, provided in the Declaration of Protective Covenants, Restrictions,
Reservations, Servitudes, and Easements Affecting Okeechobee Commerce Center,
made by the City Council on May 4, 2004, and recorded in the Official Records of
Okeechobee County, Florida at Book 530, Pages 1952 through 1972 (the "Declaration").
With respect to such Right of First Refusal, the City hereby advises Purchaser as
follows:
The City hereby releases any and all Rights of First Refusal pursuant to
the Declaration as it relates to the purchase of the Property by Purchaser
under the contract for sale dated June 30, 2023, between Purchaser and
MDC Industrial, LLC ("Seller") in the amount of$675,000.00.
The City hereby elects to exercise its Right of First Refusal as to contract
for purchase from Seller, in the amount of$675,000.00.
This release does not apply to any future sale of the Property nor does it waive or
restrict any rights the City has under the Declaration.
CITY OF OKEECHOBEE
a Florida municipal corporation
ATTEST:
Dowling R. Watford, Jr., Mayor
Lane Gamiotea, CMC, City Clerk Date Executed: August 15, 2023
Approved as to Form and Legal Sufficiency:
John J. Fumero, City Attorney
Nason Yeager Gerson Harris & Fumero, P.A.