2024-10-30 Item VII. F. Ex.12 • •
Exhibit 12
09/30/2024(C
THIS INSTRUMENT PREPARED BY: V(�•�•
Stephen L.Conteagiiero,Esq.
Assistant City Attorney
City of Okeechobee
55 SE 3rd Avenue
Okeechobee,Florida 34974
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT, "AGREEMENT", made and entered into this day
of ,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.
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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.
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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:
As approved by the City Council for the City of Okeechobee on this day of
,2024.
Dowling R. Watford, Jr.
Mayor
ATTEST:
Lane Gamiotea, CMC
City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, City Attorney
Nason Yager Gerson Harris &Fumero, P.A.
[OWNER SIGNATURE PAGE FOLLOWS]
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Signed in the presence of: OWNER: ARRANTS LLC.
By:
Owner Witness 1 Sign ,as its
Owner Witness 1 Print
Date: , 2024
Address Line 1
Address Line 2
Owner Witness 2 Sign
Owner Witness 2 Print
Address Line 1
Address Line 2
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
The foregoing instrument was acknowledged and subscribed before me, by means of physical
presence or _online notarization, this day of , 20 , by
, who _ is personally known to me or _ has provided
as identification.
NOTARY STAMP)
Notary Public Signature
Name of Notary (typed,printed, or stamped)
Commission No:
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COMPOSITE EXHIBIT A
SURVEY AND ENCROACHMENT
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