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Arrants, Ray/ Lightseys_30' SW 16th ST Official Records File#2024010967 Page(s):5 THIS INSTRUMENT PREPARED BY: Jerald D Bryant Stephen L.Conteaguero,Esq. Clerk of the Circuit Court&Comptroller Assistant City Attorney Okeechobee, FL Recorded 10/7/2024 1.40 PM City of Okeechobee Fees. RECORDING$44.00 55 SE 3rd Avenue M DOCTAX PD$0.00 Okeechobee,Florida 34974 ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT, "AGREEMENT", made and entered into this 30 day of sOtyv►btf ,2024,by and between CITY OF OKEECHOBEE,a Florida municipal corporation,whose address is 55 SE 3rd Avenue, Okeechobee, Florida 34974 (hereinafter referred to as "CITY"), and ARRANTS LLC,a Florida Limited Liability Company,whose mailing address is 399 SW 18th Street, Okeechobee, Florida 34974 (hereinafter referred to as"OWNER"). RECITALS: WHEREAS, CITY is the owner of certain real property located within the corporate limits of the City of Okeechobee, Florida, located at SW 16th Street, Okeechobee, Florida 34974, having parcel control number 3- 28-37-35-0050-00280-0060, and more particularly described as: THE SOUTH 30 FEET OF LOTS 6 AND 12,BLOCK 28, FIRST ADDITION TO SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1,PAGE 17,PUBLIC RECORDS OF OKEECHOBEE COUNTY,FLORIDA. (the"CITY'S PROPERTY"); and WHEREAS, fencing, signage, and landscaping (the "IMPROVEMENTS"), are located on CITY'S PROPERTY, and currently encroach a distance of approximately 20-feet into the 30-foot depth of the CITY'S PROPERTY along its north property line; and WHEREAS, OWNER desires to maintain that portion of the IMPROVEMENTS that encroach (the "ENCROACHMENT"), into the CITY'S PROPERTY; NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, and other good and valuable consideration, the sufficiency of which is hereby acknowledged by the parties hereto, the parties agree as follows: 1. Recitals.The foregoing Recitals are true and correct and incorporated into the substantive body of this AGREEMENT. 2. Encroachment. The CITY hereby grants permission for the continued location of the IMPROVEMENTS in the CITY'S PROPERTY, strictly limited to the area of the ENCROACHMENT described and shown in a survey prepared by OWNER and attached hereto as Composite Exhibit A. 3. Release. OWNER hereby releases the CITY, its representatives, employees and elected officials from any and all damages, claims, or liability, that may arise due to the OWNER'S use of the CITY'S PROPERTY or operation and maintenance of infrastructure within the CITY'S PROPERTY. 4. Priority of City's Property. Neither the IMPROVEMENTS nor the ENCROACHMENT shall be altered or maintained in such a manner so as to interfere, in any way, with the CITY's operation or maintenance of the CITY'S PROPERTY or any public or general improvements located thereon. 5. Maintenance. In consideration for the CITY's consent to locate the ENCROACHMENT within the CITY'S PROPERTY,as described herein,the OWNER agrees,at its sole cost and expense,to install, maintain, repair and operate the ENCROACHMENT, consistent with reasonable engineering standards and all applicable laws, codes,and regulations. 6. No Waiver/No Vesting.This AGREEMENT does not constitute a waiver of the CITY's regulatory authority and the CITY'S PROPERTY remains subject to all applicable laws, rules, codes and regulations. This AGREEMENT does not operate to vest any interest or right whatsoever. Page 1 of 5 7. Insurance. OWNER shall possess and maintain, at all times during construction upon, operation in, and maintenance of the ENCROACHMENT, commercial liability insurance to protect the CITY from any liability, claims,damages, losses or expenses arising from or out of or in any way connected with construction, operation or maintenance of the ENCROACHMENT within the CITY'S PROPERTY in an amount of no less than$1,000,000.The company or companies writing any insurance policy which OWNER 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 CITY's approval.The required insurance policy evidencing such insurance shall name both OWNER and the CITY 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 CITY. Proof of each such policy or a certificate thereof,shall be provided to the CITY by OWNER on or before the Effective Date. 8. Contingency. This AGREEMENT is contingent upon the IMPROVEMENTS having been completed consistent with the permits and any applicable laws, rules or regulations. Furthermore, OWNER acknowledges that nothing in this AGREEMENT impacts the rights of utility providers that may be located in the CITY'S PROPERTY now or in the future. 9. Indemnification. The OWNER agrees that it shall indemnify,hold harmless and defend the CITY, its representatives, employees and elected and appointed officials from and against all claims, damages, loss and expenses of any sort including reasonable attorney's fees and costs including appeals, arising out of or resulting from construction, operation and maintenance of the ENCROACHMENT or IMPROVEMENTS. 10. Representatives Bound Hereby. This AGREEMENT shall be recorded and shall be binding upon the successors, heirs, executors, administrators, representatives, or assigns of the OWNER, and upon all persons acquiring an interest thereunder and shall be a restrictive covenant running with the CITY'S PROPERTY. 11. Recording. Upon the CITY receiving payment from the OWNER of the actual costs to record this AGREEMENT,the City Clerk shall cause this AGREEMENT,to be recorded in the public records of Okeechobee County,Florida,where it shall encumber the CITY'S PROPERTY.This restriction shall remain in effect until modified by the CITY. 12. Controlling Laws. a. This AGREEMENT and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida, and all duly adopted ordinances, regulations and policies of the CITY now in effect and those hereinafter adopted. b. The location for settlement of any and all claims, controversies, disputes, arising out of or relating to any part of this AGREEMENT, or any breach hereof, shall be in Okeechobee County, Florida. c. The parties to this AGREEMENT agree to comply with all applicable federal, state, and local laws, ordinances, rules and regulations pertaining to the utilization of the property under this AGREEMENT. 13. Miscellaneous. a. This AGREEMENT constitutes the entire AGREEMENT between the parties with respect to the specific matters contained herein and supersedes all previous discussions, understandings, and agreements. Any amendments to or waivers of the provisions herein shall be made by the parties in writing. No other agreements, oral or otherwise, regarding the subject matter of this AGREEMENT shall be deemed to exist or to bind either party hereto. b. If any sentence, phrase, paragraph, provision or portion of this AGREEMENT is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed an independent provision, and such holding shall not affect the validity of the remaining portions hereto. Page 2 of 5 14. Legal Counsel. OWNER acknowledges that it has had ample opportunity to seek and consult with independent legal counsel prior to executing this AGREEMENT,and that OWNER represents and warrants that it has sought such independent legal advice and counsel. 15. Attorney's Fees. OWNER agrees that it shall be liable for reasonable attorney's fees incurred by CITY, if CITY is required to take any actions, through litigation or otherwise, to enforce this AGREEMENT. 16. Negotiation. The parties to this AGREEMENT acknowledge that all terms of this AGREEMENT were negotiated at arm's length and that this AGREEMENT and all documents executed in connection herewith were prepared and executed without undue influence exerted by any party or on any party. Further, this AGREEMENT was drafted jointly by all parties, and no parties are entitled to the benefit of any rules of construction with respect to the interpretation of any terms, conditions or provisions of this AGREEMENT in favor of or against any person or party who drafted this AGREEMENT. 17. Termination of Agreement and Removal of Encroachment. Upon the default by OWNER under the terms of this AGREEMENT, the CITY retains the right to immediately revoke this AGREEMENT by notifying the OWNER in writing at the address listed in the initial paragraph of this AGREEMENT. OWNER shall remove the ENCROACHMENT, and any and all IMPROVEMENTS, from the CITY PROPERTY within thirty (30)days of the date of the written notice to OWNER. If the OWNER fails to remove the IMPROVEMENTS from the CITY'S PROPERTY within the above-described timeframe, the CITY may remove same and charge the cost of removal to the OWNER. Should the OWNER fail to pay the costs of CITY's removal of the IMPROVEMENTS and attendant encroachments with thirty (30)days of the CITY's request, the CITY may file a lien against the OWNER's Property to accrue interest at the statutory rate and enforced as prescribed by law. 18. Limitation. This AGREEMENT does not rise to the level of a real property interest in the CITY'S PROPERTY. 19. Effective Date. The effective date of this AGREEMENT is the date first set forth above. IN WITNESS WHEREOF, the parties have executed this AGREEMENT on the day and year first written above. AS TO THE CITY: nn As pproved LLby the City Council for the City of Okeechobee on this j '''. day of w 1 ` , 2024. Dowlin tford, Jr. Mayor • TT ST: Lane G. 'otea, C City Clerk REVIE OR LEGAL SUFFICIENCY: John J. Fumero, City Attorney Nason Yager Gerson Harris& Fumero, P.A. [OWNER SIGNATURE PAGE FOLLOWS] Page 3 of 5 Signed in the presence of: OWNER: ARRANTS LLC. f4 190/1 By: Ra14Mon6 Anarcw R Arivt-s Qwne Witness 1 Sign 1 ,as its Acc{(,t.C2 l l n Q 16 o C►P." Rt8 54-e re_c Ac�tv1.k Owner Witness 1 Print Date: 9 - 2 S , 2024 lqc g5 fltt-) $J1 Or Address Line 1 OkceV.�holee, 1... 31197a Address Line 2 0,LwAAjy, Owner Witness 2 Sign Owner Witness Z Print C6 se 3rd Avt Address Line 1 Q4€01-abe�; CI. 31-r nid Address Line 2 STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged and subscribed efore m , by means of Aphysical presence or online notarization, this a 5m day of 4Cry1 •C 20 a a by A i Uiik, , who _ is personally known to me or �/ has provided AO Q 1\rlvP1S as identification.rlf i UI�c (NOTARY STAMP) �` Pdthiti. dair y �'+fl`'µr'u4?'•; PATTY M.BURNETTE '.i fit ,, MY COMMISSION#HH 565456 ' Notary Public Signature %"'!.^o?% EXPIRES:October 2,2028 M- 6L .;t F�,. `'i Name of Notary (typed, printed, or stamped) Commission No: fr if 5 5 '4 5L, Page 4 of 5 BOUNDARY SURVEY PREPARED FOR CITY OF OKEECHOBEE mcCaThl DESCRIPTION: PROJECT SPECIFIC NOTES: THE SOUTH 30'OF LOTS 6 AND 12.BLOCK 1)UNLESS SHOWN OTHERWISE,ALL DIMENSIONS ARE CALCULATED(C)AND MEASURED(M). 28,FIRST ADDI TION TO SOUTH 2)SITE ADDRESS:NOT ASSIGNED AT TIME OF SURVEY OKEECHOBEE.ACCORDING TO PLAT 3)PARCEL ID:3-28-37-35-0050-00280-0060. THEREOF RECORDED IN PLAT BOOK 4)F.I.R.M.ZONE:"X",MAP NO.12093C0480C,DATED 07/18/15. 1,PAGE 17,PUBLIC RECORDS OF 5)THIS SURVEY IS NOT INTENDED TO DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL OKEECHOBEE COUNTY,FLORIDA. CONCERN. 6)SURVEYOR WAS NOT PROVIDED WITH ANY TITLE INFORMATION FOR THIS PARCEL.SURVEYOR j„_ ,...,,_j,_I,,.I,,.,._'t° AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF EASEMENT DIMENSIONS SHOWN wAP ScNF •rctr 30FEET HEREON,THERE MAY BE OTHER EASEMENTS OR RESTRICTIONS THAT EFFECT THIS PARCEL. IeID CIS CE9 FLAT SCALE THAT PORTION OF THE 15'ALLEY, 7)THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. VACATED IN OFFICIAL RECORDS BOOK 8)ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR 415,PAGE 1879,PUBLIC RECORDS Oc PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. OKEECHOBEE COUNTY.FLORIDA,LYING 9)DATE OF LAST FIELD SURVEY:07/28/24. BETWEEN THE SOUTH 30'OF SAID LOTS 6 [QI 1 Aft12. -- FI ���A,vaun 4 rano s�nav I I sENNW,1Es Or BLOCK 18 sE11NN0ER 0 IT' ::;r-- - 'I r em•CAP s c I f LOT iz N 9B'r9Ve'W 29B.3T(NII Lars x I R� w14 ,0�°Era¢ 142.18{N) 142.5'(P) TDTu a�� -� 15_AO' �- ~ 142.18(M 142,5(P) ! sa ecte �� SLOT 12� C ITAio6 C.zT .:t ca.. I $ 30' OF e coV I E et = I O ASPwEr II (mow.) nor N Aa.Atr LOT 6 mrB is"aOOee �' to DO aom FDISE rxwa v satEs a r IL1.o.r.7 c WO.fE.rrE 4 duo]Few( '-"-C d from so.,--4,r _ tee _ b O c. W pry s . . ,. _ - o <<e o ow.oao roraCO �CDii2 20 C 142.5'P �:oKrErE eoLr u meakTE weir 1 z �L� LGGL^^]] `� MT a.ATE ))O O 15.00' �- 142.20'(C) t 42.5'(P) �// Z= 1--I w sir,fir Nar sm \ r vs,uee, 9 89<9 Dd E 299.391C) j _�- 0 � a:N tB asp' \ 9 tells sism *AWNS�t -- C r �� walr7. �r971-- 4 • ark.' .AL'.f N Q tCd ab "' L� a ./ 8 - - ----A - - - — -- — - riL a qTK ZT'5 TMa.IA Loi- �J�i''`� $}V 1BTIi`�'�'p'��1w['.r�L.r.a�rer sTrian:nl TIY'a od.oreie ewu O (A9eMLT aW�J ea M/`�' Ir .neITY valE aiei MCC Cf ATM.LT 1 rMaoaemt O -OIvaaef .CED XLYIwAT so.. ,nur,VALL ff ...- 1 -SATE":Arai OW _— arv-_ an' cm, --uw -- - __tf 9W DA MI*S `tasnae -� ',AP Off�� ��,u LOT 7 SLACK zs LOT 1 GAS MIME -METZ 1 I/. WI POST r - nun.VALE V/ /SrTANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was pertorfned by the surveyor. The survey depleted here Is prepared exclusively for those pates noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named Not valid without the signature and seal of Florida licersed surveyor orid mapper (t4506. There ore no visible above ground encroachments except as shown. No attempt was made to locate underground Improvements and/or encroachments (If any) as part of this survey This survey was prepared In accordance with and conforms to the standards of practice for professional surveyors and mappers as outlined In Chapter 5J-17. Florida Administrative Code. PREPARED FOR THE EXCLUSIVE USE OF. TRADEWINDS SURVEYING GROUP, LLC. L0EGEND Rod dnd cap 'Le e3e0~ M-I«,nor CM CITY OF OKEECHOBEE 200 SW 3rd Avenue `�"�I J'L liceI4j a-Found Iron Rod (and Cap) •-Found Pipe (and Cap) a, Rke yG ABBREVIATIONS LESorryYe.RLTBRD.CE DESCRIPTION OWLS, DATE 9Y CK Okeechobee, Tel c(863) 783-28874 '` '� �,�q 0 [C :I Limum mcaN1}Con .t.1 o tiu a c da M W 5-EasE. NlmeEn Sr q,Brr at cLEArs Rt,-,N, r.An.f - i Et,Y-EstwlF C!P-Ede.of Parrmwlt Eswr-Eoee.rr.rt;F.I It.Hflmd heurwu BOUNDARY SURVEY C'9/i 5/74 ATT J.IR Fax (863) 763-4342 -. i E. Io sou Yap:FRO-FwM s4rou Pip:R/(C}Iron Sae(me D Cm).L.(°rc)WTI, _ Ywasv.d; l-wenhda,N-Nwlh, N'LYlarrh.dF eavta).Nehend Candaeiv Q vwikal(Datum)of 192e: ors=Nor to Scat.: CMa=U.erhaa0 Rem t=Property MARNA oaowz / iy \ STATE OF f ►wtnaront Control Port Pce•PaM t Cumetara ��T oPLYwonr atd[Commmra PCPt. ?e V VA URA or Sou rein TWEET IS nxa. J/ 7 '/� FLORIEIA ,,I PSC.Fdat of NMrsa C maturr .01A-Pe onarint CeMln:a NONlnant 'T�LIM ,JOB'NO: 24-28C FB/P0: 409/59 scaLE t' = _� dohli -Rice, P.S.M. (LS 4508)'/j���rf4p o 4 LB 8380 .t t'LY S .r1��yt ISpot wr«i a an�a:i�555,tweur". ACGRd 10/3/2024 CERTIFICATE OF LIABILITY INSURANCE DATE(M DYYYt THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACTJOANN SOLES NAME Soles Insurance Group, Inc PHONE Ni,Fxt1(A/C. (941) 460-3684 I FAX (A,C Nn)(941)460-6122 456 S Indiana Ave EMAIL Joan@workcompsystems.net ADDRE Englewood, FL 34223 PRODUCER CIISTOMFR ID x INSURER(S) AFFORDING COVERAGE NAICS INSURED LIGHTSEY' S FISH COMPANY & INSURERA WESTFIELD INSURANCE COMPANY RESTAURANT, INC INSURER B 1506 S PARROTT AVE INSURER C Okeechobee, FL 34974 INSURER D INSURER E Associated Industries Insurance Co. INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AUUL SOUR - ISOL(CY EFF POLICY EXP LTR TYPE OF INSURANCE INSR MD POLICY NUMBER (MM/RDIYYYYI,,(MM/nn/YYYY1 LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED CO'.".'ERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 500, 000 lCLAIMS-MADE ®OCCUR MED EXP(Any one person) $ A CWP 255720T 10/05/2410/05/25 PERSONAL&ADM INJURY $ 1, 000, 000 — GENERAL AGGREGATE 5 2 , 000, 000 GEN'L EN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG S 2, 000, 000 PI POLICY n PF n LOC /'' p 4 S AUTOMOBILE LIABILITY � COMBINED SINGLE LIMIT /4Q , a' v (Ea acc(dent) S - ANYAUTOlir r BODILY INJURY(Per person) S ALL OWNED AUTOS fn�1�i `- 0. BODILY INJURY(Per accident) S SCHEDULED AUTOS — ` PROPERTY DAMAGE S HIRED AUTOS 202 (Per accident) — NON-OWNED AUTOS r , 0C-1./y _ S V" Y/R/ S UMBRELLA LIAB ed OCCUR T7 �- EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE `1 AGGREGATE S DEDUCTIBLE `9 S Z, ` S `. RETENTION $ $ WORKERS COMPENSATION X I TWr1RY 1 ATU. I IOFR AND EMPLOYERS'LIABILITY E ANY PROPRIETOR/PARTNER/EXECUTIVE I1 E L EACH ACCIDENT S 100, 000 OFFICER/MEMBER EXCLUDED? N'A (Mandatory in NH) AWC1208885 0B/0B/2408/08/25 EL DISEASE-EA EMPLOYEE $ 100, 000 If yes,describe under 500, 000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A PROPERTY CWP 255720T 10/05/2410/05/25 DESCRIPTION OF OPERATIONS(LOCATIONS/VEHICLES(Attach ACORD 101.Additional Remarks Schedule if more space is required) CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED. CERTIFICATE HOLDER CANCELLATION CITY OF OKEECHOBEE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 55 SE 3RD AVE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN OKEECHOBEE, FL 34974 ACCORDANCE WITH THE YPROVISIONS. AUTHORIZED REPRESENTAT E _.........„-e ........_ ©1988-2009 ACORD CORPORATION All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD