ROW_Blk 78, City of Okee_Lots 3 & 10_Agreenment Official Records File#20240 14 Page(s)*3
Jerald D Bryant
Clerk of the Circuit Court&Comptroller
Okeechobee, FL Recorded 8/2/2024 9:26 AM
Fees: RECORDING$2700
M DOCTAX PD$0 00
REVOCABLE LIMITED USE LICENSE AGREEMENT
(Use of Portion of Alleyway)
THIS REVOCABLE LIMITED USE LICENSE AGREEMENT (hereafter"AGREEMENT"), is entered into by
and between the CITY OF OKEECHOBEE, FLORIDA, a Florida Municipal Corporation (hereinafter
"CITY"), and 608 OKEECHOBEE, LLC, a limited liability corporation registered in the State of
Florida, (hereinafter"OWNER"), dated this ,3/ 5 - day of j L1��� , 2024.
WHEREAS, OWNER whose address is 2300 Weston Road, Suite 202, Weston, Florida 33326, holds fee
simple title to the following described real property in the CITY, to wit:
LEGAL DESCRIPTION: LOTS 3 THROUGH 10 OF BLOCK 78, OKEECHOBEE,
ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5 OF
THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; and
WHEREAS, the CITY, whose address is 55 SE 3rd Avenue, Okeechobee, Florida, 34974, owns the following
platted alleyway:
A 15-FOOT WIDE ALLEYWAY, LYING EAST TO WEST, BOUNDED TO THE
NORTH BY LOTS 1 THROUGH 6 INCLUSIVE, AND ON THE SOUTH BY LOTS 7
THROUGH 12 INCLUSIVE, WITHIN SAID BLOCK 78 (hereafter "ALLEYWAY");
and
WHEREAS, the OWNER requested permission of the CITY to connect the parking areas by paving
improvements between Lots 3 and 10 of said Block 78 (said paving improvements herein after
referred to as the "CONNECTION"). A field inspection conducted by the Public Works Department
staff acknowledged no objection to the OWNER'S request; and
WHEREAS,the CITY received verification from the Okeechobee Utility Authority(hereafter"OUA")that there
is a water main and wastewater main lying within the CONNECTION. The OUA acknowledged no
objection to the OWNER'S request provided that should the OUA need access to the infrastructure,
the repair of the paved area will be at the expense of the OWNER. Further, City Code Enforcement
verified that there were no active or pending code violations related to the OWNER'S property.
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties
agree as follows:
1. The CITY hereby grants this AGREEMENT for the use of the CONNECTION described as:
THE PORTION OF THE 15-FOOT WIDE ALLEYWAY, LYING BETWEEN LOTS 3
AND 10 WITHIN SAID BLOCK 78;
and as shown on Attachment A, for the purpose of connecting the parking areas between the
adjacent lots. No other improvements shall be permitted within the ALLEYWAY without prior
CITY approval.
2. The "revocable" designation means that the CITY, at any time, for any reason in its sole
discretion, may revoke this AGREEMENT at which time the OWNER is fully responsible for
immediately removing any structures or facilities in, on, or over the CITY ALLEYWAY.
3. The OWNER is required to maintain the CONNECTION.
4. Should it ever become necessary to remove any pavement, in order to allow either the
installation or maintenance of water, wastewater, or other utility lines or any other type of
installation or construction, or for any other reason chosen by the CITY, or any improvement
thereon, will be removed by the OWNER or their agents and/or assignees at the OWNER'S
sole expense within seven days of receipt of written request by the CITY for such removal.
Should the CITY, for any reason, require the removal of the pavement thereon, with fewer than
seven days' notice, the OWNER agrees to exercise reasonable efforts to comply with such
request as soon as possible.The repair of the paved area will be at the expense of the OWNER.
5. Prior to any encroachment in,on,or over CITY ALLEYWAY,OWNER shall modify its insurance
coverage to obtain an endorsement to its General Liability Insurance Policy listing the CITY as
an additional insured with a Certificate of Insurance, as well as a certified copy of the
endorsement, furnished to the Office of the City Clerk, 55 SE 3rd Avenue, Room 100,
Okeechobee, Florida, 34974, showing the part of the ALLEYWAY to be used by OWNER and
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insuring the CITY against any liability directly or indirectly related to any activities in, on, and/or
over the ALLEYWAY. In any event, OWNER shall hold the CITY harmless for any and all
action, suit, claim, injury, or cause of action of any nature arising out of OWNER'S activities or
use, and shall indemnify the CITY for such, including, but not limited to, any costs and attorney
fees.
6. OWNER shall furnish the CITY annually, upon renewal, to the Office of the City Clerk at the
address previously provided, a copy of the Certificate of Insurance listing the CITY as an
additional insured, as well as a copy of the policy endorsement from OWNER's insurance
carrier.
7. OWNER shall be responsible for any and all damages to property or injury to persons arising
out of the exercise of the AGREEMENT or the construction, installation or maintenance of any
device or structure in, on, or over the ALLEYWAY,the CONNECTION, or other easement area.
8. OWNER shall indemnify and save harmless the CITY, and all its officers, agents, and
employees from all suits, action or claims of any type brought for, or on, account of any injuries
or damages received or sustained by any person or property related to the exercise of the
AGREEMENT, any act or omission of the OWNER,the OWNER's agents or employees, or the
failure of the OWNER to maintain the structure or device or to provide necessary safety devices.
OWNER shall agree to defend against any suit, action, or claim and pay any judgement with
costs, which may be obtained against the CITY, its officers, agents, or employees, growing out
of the injury or damage.
9. OWNER agrees this AGREEMENT is non-assignable without the express written consent of
the CITY; and if OWNER sells or transfers the subject property, the purchaser shall be placed
on notice and shall be furnished with legible copies of this AGREEMENT.
10. The City Clerk shall cause this AGREEMENT for the use of the ALLEYWAY to be recorded in
the public records of Okeechobee County, Florida.
11. OWNER agrees to reimburse the CITY all recording costs.
FOR THE OWNER: Signed, sealed, and delivered in presence of:
Witness Signature:
J fj, �1C'f,Manager
61 : OK HOBEE, LLC Witness Printed Name: i5u S uti1,,A
Witness Address: +SL of S�
3�Pgrla
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
The foregoing instrument was acknowledged and subscribed before me, by means of_physical presence or✓nline
notarization,this day of Ifntta,h _,20 1 ,by James Caprio,who✓s personally known to me or
has provided as identification.
ePukb STEVEN L.DOBBS Notary Public Signature: L'�/,;,
MY COMMISSION#HH49765 Name of Notary(typed,printed,or stamped): �',-. 1)( 1 l 4 P.L.6 t
%cca/EXPIRES:October 01,2024 Commission No: 1-4.N 94'165
a w"IN oRAM"A.IuMJ,nftnivww,
ACCEP TH •
ATT T: (CITY SEAL)
avid All , Public Works Director Lane amiotea, CMC, City Clerk
REVI FFICIENCY:
• Jo . Fumero, City Attorney
Nason Yeager Gerson Harris& Fumero, P.A.
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REVOCABLE LIMITED USE LICENSE AGREEMENT
N ATTACHMENT A
WJ'�E
1 Subject Alleyway:The
S portion of the alleyway
lying between Lots 3 and
10 of Block 78,
OKEECHOBEE
Plat Book 5,Page 5
Okeechobee County
public records
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