99-004-V Freeman/NextelNovember 23, 1999 - Board of Adjustment - Page 2 of 3
IV. NEW BUSINESS.
A Consider Variance Application No. 99-004-V by property owner, Attorney Cook explained to the Board Members why the City Council put a moratorium on
William H Freeman and applicant Nextel. Request is to allow an Telecommunication Towers, but stated it would not effect this application.
increase of height from 1 00'to 150' in an Industrial Zoning District
on East half of Lots 15 and 16 inclusive of Block 58, City of Planning Consultant Jim LaRue stated in the Staff Report he denied the approval because of
Okeechobee, located at 119 B Northwest 8th_ Street. Planning the moratorium, but in order to get a variance the applicant has to show hardship to why the
Consultant (Exhibit 1). 11
variance is needed.
Allen Gabriel, Attorney for Nextel Communications address the Board stating they comply with
the set backs and the structure was designed to comply with other community requirements
is and regulation. The structure is capable of providing for three users. He showed a picture of
the monopole to the Members explaining they are different from guide towers and lattice
towers. The need in this area is to handle the capacity and need to overlap the cell for
communications . A letter was distributed to the Members prior to the meeting and requested
it be entered into the official record. The antenna needs to be one hundred fifty feet' because
of a structure North of this site. If the variance is not approved, another tower would have to
be placed to overcome the difficulty.
Charlotte Modom of Nextel provided the Board with a map indicating where the other towers
were located in Okeechobee.
Citizen Thomas Hoover addressed the Board stating he had a problem with the timing of the
moratorium,
Mr. George Sweat, (S & S Towers) addressed the Board wanting to know the issue on
antennas. Asking for clarification, whether the moratorium was on cellular antennas or all
antennas? Attorney Cook stated the moratorium was only on cellular telephone towers.
November 23, 1999 - Board of Adiustment - Paae 3 of 3
0
0
IV. NEW BUSINESS.
A. Consider Variance Application No. 99-004-V by property owner, William
H Freeman and applicant Nextel. Request is to allow an increase of
height from 100' to 150' in an Industrial Zoning District on East half of
Lots 15 and 16 inclusive of Block 58, City of Okeechobee, located at 119
B Northwest 8th Street. Planning Consultant (Exhibit 1).
V. ADJOURNMENT - Chairperson.
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Board of
Adjustment with respect to any matter considered at this proceeding, such interested person will need a record of the
proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for
official records of the Clerk.
ATTEST:
BEATRICE CASTORINA, SECRETARY
JERRY WALKER, CHAIRPERSON
Member Hoover moved to approve Variance Application No. 99-004-V by property owner
William Freeman and Nextel and to allow the increase for height from one hundred feet to one
hundred fifty feet in the Industrial Zoning District and has meet the issues discussed regarding
the collapse; height and the FFA regulations and the fact that they have shared capacity for
three users on the tower by showing hardship the variance be approved; seconded by
Member Keller.
Walker - Yes
Hoover - Yes
Keller - Yes
Jones - Yes
Mavroides - Yes
McCoy - Yes
Mueller - Yes
Motion Carried
There being no further items on the agenda, Chairperson Walker adjourned the meeting at
8:00 p.m.
941-334-6384LAQJE PLANNING & MGT 333 P02 'ZIJ 16 'IDS 11:35
Staff Report
Variance Request — City of Okeechobee
Applicant: Nextel Communications, lessee.
119 NW 811 Street #B
Okeechobee, Florida 34974
Legal Description of East V3 of Lots 15 and 16 inclusive of Block 58, City of
Subject Property: Okeechobee, according to the plat thereof recorded in Plat Book
2, Page 17, Public Records of St. Lucie County, Florida.
Introduction: The applicant is requesting a 50 foot variance from the 100 foot
maximum height requirement to allow a 150 foot structure in
order to receive and transmit radio and telecommunications
signals.
Background: Thesubject property is approximately6,982.5 square feet fronting
on Iv W 8`' Street. The applicant intends to erect a 150 foot
monopole with antennas. The adjoining property users are as
follows:
North: Vacant industrial lots
South: Vacant industrial lots
East: Commercials lots with vacant building
West: Vacant industrial lots
Discussion- After reviewing this application, Staff has determined that the
request generally does not satisfy the criteria outlined below for
granting the variance.
1. Special conditions and circumstances exist which are
peculiar to the land, structure or building involved, and
which are not applicable to other lands, structures or
buildings in the same zoning district.
The Industrial Zoning District limits the maximum height
requirement to 100 feet. However, for state-of-the-art
telecommunications, a height of at least one hundred fifty -
feet is required. While other structures in this same zoning
district are greater than 100 feet in height, there are none
at the height being requested.
2. The special conditions and circumstances are not the
result ofactions of the applicant.
The special conditions and circumstances are basically the
result of actions of the applicant as these are the height
requirements.
3. Literal interpretation and enforcement of the Land
Development Code would deprive the applicant of rights
commonly enjoyed bvotherproperties in thesarneZoning
District under the terms of the Land Development Code.
and would work unnecessary and undue hardship on the
applicant.
941-334-6384 LARUE PLANNING & MGT
• 333 F03 NOu 16 '99 1i:35
City of Okeechobee Nextel Communications
4Yo. 99-004-V
Variance Reguest
Literal interpretation would not deprive the applicant of
rights commonly enjoyed by other properties. Although a
tower that is 100 feet to height or less does not provide
the elevation required to transmit radio and
telecommunications signals, it might be necessary to
provide the appropriate safeguards as public protecttor. if
such a height is to be granted.
4. The iance, if granted, is the minirnum
necessary to ma a variance
posy ble the reasonable use f thean
building, or structure.
It is hard to determine whether this variance is necessary
to assure the reasonable use of land.
Granting of the variance request, will riot conifer on the
applicant any special privilege(s) that is denied by the
Land Development Code to other lands. buildings, or
structures in the same Zoning District.
Granting the variance might confer special privileges on
the applicant which are not available to other properties.
i. The granting orthe variance rcill be in harmonY x ith the
generai intent and purpose of the sand Development
Code. and will not be injurious to the surrounding
properties or detrimental to the public welfare.
The variance, if granted without proper safety protections,
might be detrimental to the public welfare.
Etecommendation: Staff does not recommend approval to allow a 50 foot variance
from the IGO foot maximum height requirement to allow a 150
foot monopole with antennas.
Submitted by:
Janes G. LaRue, AICP
Planning Consultant
1 I 1 5/99
• LAW OFFICES •
ALAN L. GABRIEL
INTERNATIONAL BUILDING " PENTHOUSE EAST
2455 EAST SUNRISE BOULEVARD
FORT LAUDERDALE, FLORIDA 33304-3119
ALAN L. GABRIEL
SORAYA HEVIA KASPER
DAVID L. WILENS
VIA HAND DELIVERY
Jerry Walker, Chairman
and Members of the Board of Adjustment
City of Okeechobee
55 SE 3rd Avenue
Okeechobee, Florida 34974
TELEPHONE (954) 561-2230
FACSIMILE (954) 561-7489
E-MAIL agabrie124@ao1.com
November 23, 1999
Re: Request for Height Variance By William H. Freeman (Property Owner)
and Nextel Communications (Applicant) for 1 19-B N.W. 8th Street
Dear Chairman Walker and Board Members:
This office represents Nextel South Corp. ("Nextel"), a subsidiary of Nextel
Communications, Inc. Nextel is the applicant for a height variance related to a
telecommunications facility to be constructed on property owned by William Freeman
and located at 1 19-B N.W. 8th Street. This variance is scheduled to be considered by
the Board on November 23, 1999. This letter is intended to support Nextel's request,
and will be supplemented by a presentation at the hearing.
Background:
Nextel is an FCC licensed provider of "Enhanced Specialized Mobile Radio" ("ESMR")
services in the State of Florida and throughout the United States. Nextel provides
wireless telecommunications services by way of a unique combination of two-way
radio and digital cellular telephone communications in one hand-held unit. No other
provider offers this type of service, which service is geared toward business and other
large group users.
Nextel's wireless telecommunications system is comprised of a number of unmanned
facilities which serve as relay stations for the transmission of radio signals, which
makes wireless mobile telecommunications possible. Each facility consists of electronic
equipment connected to antennas which receive and transmit radio signals. The
antennas must be placed at heights enabling the signals to be relayed without
interference from surrounding structures and terrain. To obtain the needed height, the
antennas are placed on existing buildings where feasible or on other "antenna support
structures" such as lattice towers or monopoles.
Due to present technology and the limited strength of these radio signals,
telecommunication facilities must be located at regular geographic intervals. The
Chairman and Member•
November 23, 1999
Page 2
Board of Adjustment •
"coverage" provided by a site is generally limited to less than 2-3 miles. The specific
location at which the facility is needed and the height at which the antennas must be
placed depend on a number of factors related to the geographic locations of the other
relay facilities already in place, the characteristics of the land and man-made structures
in the area, and the volume of service expected or existing at a specific location.
Generally, the "search ring" for a site is limited to a specific small geographic area
where adequate coverage or capacity has been determined to be lacking, with very
little leeway for placement of the site. Without a site at a location where one is
determined to be needed, coverage "gaps" will exist resulting in an interruption of
service in those areas. For these reasons, these very expensive sites are chosen only
after careful analysis and testing by radio frequency engineers.
Based upon careful radio frequency engineering analysis of the coverage and capacity
needs of the existing and anticipated Nextel network in and around the City of
Okeechobee, it has been determined that a Nextel relay facility is needed at the
location and height proposed in Nextel's application in order to provide consistent
quality coverage and capacity for the Nextel network in this specific area, as required
by Nextel's FCC license.
II. Specific project sought:
Nextel is seeking to construct an unmanned telecommunications facility consisting of
a 150 foot monopole upon which nine panel antennas (three facing each of three
directions/sectors) will be placed at approximately the 150 foot level, along with a 10'
x 20' prefabricated equipment shelter which will house the associated electronic
equipment which will be connected to the antennas by coaxial cable. The facility will
be located on a 98' x 71 ' leased parcel within the middle, eastern portion of a 1.6 acre
parent tract located at 119 N.W. 8th Street.
The monopole will resemble a typical parking lot or highway exit light pole, which is
much less obtrusive than a lattice or guyed tower structure. The monopole will be
capable of permitting "colocation" by other telecommunication carriers, thus reducing
the need for additional antenna structures within the City. The site will be
appropriately fenced and landscaped, although there are various existing trees and
other plant material to the south of the site which will be retained.
The 1.6 acre parent tract is zoned light industrial, with a land use designation which
is not incompatible with the proposed use. The property surrounding the parent tract
is zoned industrial or commercial.
The proposed use is permitted in the light industrial zoning district as a "radio,
television or cable reception, transmission or operational facilit(y)". The antenna
support structure (in this case, a monopole) is an integral part of this facility since the
inability to mount the antennas at a sufficient height would cause the facility to be
nonfunctional. Even if not considered a part of the permitted "facility" as defined, the
Chairman and Members,
November 23, 1999
Page 3
Board of Adjustment
•
monopole is a "customary accessory use" to this type of facility, or, at least, to the
equipment shelter part of this type of facility.
III. The Variance Request:
The Nextel facility will be unmanned, requiring a visit by a technician approximately
twice a month. There normally being no workers on the premises, the maximum
permitted height in this zoning district is 100 feet. Nextel seeks a height variance
permitting the monopole to be built to 150 feet.
A. Special conditions peculiar to the land or structure involved:
The northern portion of the 1.6 acre parent tract contains an office and various
propane gas tanks related to the owner's business (propane gas supply). Certain other
portions of the parent tract contain existing trees and foliage. An access alley runs
along the east side of the parent tract to the proposed site. The telephone and electric
lines supplying power to the parent tract run along the east side of the property. The
middle, eastern portion of the parent tract sought to be used for the Nextel facility is
the only part of the parent tract feasible for the intended use which will, at the same
time, be (1) close enough to existing trees and foliage to use the same as natural,
partial screening; (2) be adjacent to an existing accessway; (3) be adjacent to the
existing telephone and electrical utility lines needed for power; and (4) be located far
enough away from the owner's gas facilities to provide a sufficient buffer for and from
that use and be located far enough from the south property line to be a sufficient
buffer for and from any existing or future residential uses across 7th Street. In sum,
the specific location of the proposed Nextel facility on the parent tract is limited by the
special conditions and characteristics of that property as indicated.
Additionally, there exists a number of structures to the west and northwest of the
proposed Nextel site location (and the overall parent tract) that are over 100 feet in
height, including the United Feed Co-op grain feed elevator just to the northwest.
Nextel's RF engineers have determined that those other tall structures in the vicinity
of the proposed Nextel site (and of the overall parent tract) will block the Nextel
antenna signals to and from that direction unless the proposed antenna structure is no
less than 150 feet tall. Essentially, based on the location of the Nextel site on the
parent tract and of the parent tract in relation to adjacent, tall structures on other
nearby property, a 50 foot height variance is needed so that the antennas in at least
one direction will not be blocked and the facility will be usable.
These are special conditions peculiar to the Nextel site and its parent tract land. The
"blocking" caused by the tall structures in relation to the Nextel site and the parent
tract land is unique to the parent tract property in that other lands will be at different
distances and angles from the problematical structures, thus creating different
conditions.
•
Chairman and Members,
November 23, 1999
Page 4
Board of Adjustment
E
B. These special conditions and circumstances do not result from actions by Nextel.
They result from the location and conditions of the parent tract and the location and
conditions of the leased site in relation to structures on nearby lands, within the
context of radio frequency engineering principles.
C. Limiting Nextel to an antenna structure of the maximum height of 100 feet will
effectively prevent the use of this site as a telecommunications facility due to the
resulting blocking of radio frequency signals in one of the three required
sectors/directions. This is an unnecessary and undue hardship on the applicant which
deprives the applicant of rights enjoyed by other properties in the area which are not
similarly adjacent to tall structures. In effect, those properties not blocked would have
the ability to construct facilities containing a monopole of 100 feet, thus allowing the
use sought by Nextel here.
D. The extra fifty feet needed has been determined by Nextel's radio frequency
engineers to be the minimum additional height necessary to prevent signal blocking and
allow the facility to operate as needed.
E. The granting of this variance will not confer any special privilege on the applicant.
This type of use is permitted on all industrial property with an antenna structure up to
100 feet (whether considered a part of the permitted "facility" or a "customary
accessory use"). The variance will merely permit the applicant to conduct this type of
use on property where special conditions of the land prevent such use without a higher
antenna support structure.
F. The variance is compatible with the intent of the City's regulations in that it
permits a use otherwise permitted in industrial zoning where it would be an undue and
unnecessary hardship not to permit the use.
The variance will not be injurious to the neighborhood or detrimental to the public
welfare. The use is permitted in industrial zoning. The surrounding
industrial/commercial uses will not be negatively impacted by this use. The use is
passive, creating no increased traffic or other impacts on roads; no solid or other
waste; requiring no water or sewer use; and creating no noise or noxious fumes or
odors. It will have no effect on any public services in the area.
Aesthetically, the monopole is the least obtrusive of all antenna support structures; will
be fenced and buffered by existing and additional landscaping; and will, due to the
needed additional height, be available for use by other telecommunication companies
thereby reducing the number of tall structures needed within the City. At the same
time, the facility will enable Nextel to enhance the coverage and capacity of its
telecommunications network within the vicinity of the City of Okeechobee to the
benefit of its customers and others indirectly benefiting from their use.
Wireless telephone services play an important role in facilitating communication
between individuals, the business community and with emergency service providers
Chairman and Members,
November 23, 1999
Page 5
Board of Adjustment
•
in the reporting of crime, accidents, drunk driving and other emergencies, as well as
in the event of natural disasters. Wireless telephone services also play an important
role in providing vital communications to relief and emergency workers, and have been
extensively used to provide life-saving communications during hurricanes and other
natural disasters occurring around the country.
Various law enforcement agencies in the State of Florida have chosen the Nextel
system as a back up to their normal emergency communication systems. Wireless
telecommunication in general has become an indispensable tool of modern day life in
the nature of an essential service or public utility. The granting of the requested
variance will assure that a quality network is available to the citizens of the City of
Okeechobee and surrounding areas.
IV. Conclusion:
It is respectfully suggested that Nextel meets the criteria for the granting of a height
variance. I look forward to addressing the Board at the public hearing and answering
any of your questions at that time.
er truly y r ,
.V
ALAN L. GABRIEL
38641 122.var
cc: All Board Members
City Attorney John R. Cook
Nextel South Corp.
William Freeman
� A �
Date —A 5— �
Petition No. � 'l%O IV
CITY OF OKEECHOBEE
General Services Department
55 SE Third Avenue
Okeechobee, FL 34974
Phone: 941-763-3372
FAX: 941-763-1686
Jurisdiction:
r
�a.
Fee Paid:
Notices Mailed:
IstHearing
2nd Hearing:
G,
_ G
/�(if regidred)
Uniform Land Use Application
(Please attach separate sheets for required additional information)
See Resolution No. 98-10:1 "PROOF OF INTEREST IN PROPERTY" for required additional information.
F, Name of property owner(s):
z
UMailin address:
aa. Property address:
a
d Name of applicant, if other than owner (state relationship):
0
PLEASE ATTACH LEGAL DESCRIPTION
See Resolution No. 98-10:2 "PROPERTY SURVEY AND LOCATION MAP" for required additional information.
Future Land Use Map designation: 't Current Zoning Classification:
Approximate acreage or square feet: Part of platted subdivision?
Type and gross area of any existing non-residential uses on site:
Number and type (conventional, manufactured home, etc.), gross area of any existing dwelling(s) on site:
Dimensions, gross areas, and percentages of total land use of any existing public areas, reservations,
buffers, open spaces, water retention lakes and recreational uses on site:
E•-
x
Is there a current or recent use of the property that is/was a violation of City Ordinance? ❑ Yes �No
a
p"
If yes, please describe: NJA
Have there been any land use applications concerning all or part of this property in the last year? ❑ Yes ` No
If yes, indicate date, nature, and applicant's name:
Briefly describe use of adjoining property:
North: S East: C6�prcka_L W-s )4,)AI
South: 0 S West:
Check type of application, complete appropriate sections, and sign reverse side of application.
QPP RPcnh,t;nn 09-10-A "gTATFMFTTT C)F TTCF" fnr rennireri ndrlitinnsl information -
Proposed Zoning Classification:
If granted, will the proposed zoning classification be contiguous with a like zone?
w
p
When development is proposed, see Resolution 98-10:9 "ENVIRONMENTAL ANALYSIS" 10 "PUBLIC FACILITY
w
IMPACT ANALYSIS", and 11 "SIGN PLAN" (where applicable), for required additional information
x
(Over)
-200 �. u� �� o C3
- 33 3 ®y .
For Special Exception and Variance Applications, see Resolution No. 98-10:7 and 8 "SITE PLAN" for required additional
infnrmatinn _
Describe the intended use requiring a Special Exception:
Providespecific LDR ordinance section number and page number:
See Resolution 98-10:10 "PUBLIC FACILITY IMPACT ANALYSIS" for required additional information.
Supplementary supporting information:
z
How the intended use meets the standards in the Unified Land Development Code §253-2:
O
F-
Demonstrate that the proposed location and site is appropriate for the use:
a
XDemonstrate
how the site and proposed buildings have been designed so they are compatible with
W
the adjacent uses and the neighborhood:
d
Demonstrate an landscaping techniques to visually screen the use from adjacent uses.
U
Demonstrate what is proposed to reduce the impact of any potential hazards, problems, public
nuisance generated by the use:
Demonstrate how utilities and other service requirements of the use can be met:
Demonstrate how the im ace of traffic generated will be handled off -site and on -site:
Describe the Variance sought:o
Supplemental supporting information:
w
Demonstrate that the variance is needed to overcome a hardship caused by the unique
U
dphysical
conditions of the site:
x
Specify the minimum variance requirement including: height, lot area, size of structure,
d
�
size of yard, setback, buffer or open sace:
Other
Details of administrative decision under appeal, including name of individual issuing decision, date of issuance,
and written copy of decision:
.a
Reasons for requesting appeal of decision:
d
w
a
a
d
Supplementary supporting information:
CONFIRMATION OF INFORMATION ACCURACY
I hereby certify that the information on this application is correct. The information included in this application is for use by the
City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to five hundred
dollars ($500.00) and imprisonment of up to thirty (30) days and may result in the summary denial of this application.
Date
Rev: 11/98
Ir
William
1989 SW
Okeechobee,
October 22, 1999
City of Okeechobee
55 SE 3rd Avenue
Okeechobee, FL 34974
H. Freeman
37th Ave.
Florida 34974
Re: Cover Letter to City of Okeechobee
To Whom It May Concern:
As property owner of property located 119 NW 8th Street #B
I William H. Freeman am entering into a Lease Agreement with
NEXTEL COMMUNICATIONS to erect a 150' Monopole with antennas.
This property is located in a district zoned industrial, and
the permitted uses include "Radio, television or cable reception,
transmission or operational facilities". My property is ideal
for this use with the exception of "Maximum height shall be as
follows" 11100 feet, where normally there are no workers". NEXTEL
CORPORATION will be filing a "variance" to allow for the height
of 1501. I fully expect this variance to go through due to the
fact that from my property, I can see with the naked eye several
structures in height of 100' plus including:
1.) City of Okeechobee - 120'
2.) The Sheriffs Department - 100'
3.) The Okeechobee County Annex - 120'
4.) United Feed Co-op - Grain Feed Elevator - 110,
5.) Walpole Feed - Grain Feed Elevator - 120'
6.) Family Radio WWFR FM Radio - 100'
7.) CSX Railways - Height Not Sure
I have lived in Okeechobee my entire life and as concerned
and civil minded individual I view the NEXTEL structure as an
enhancement to the daily communication needs for the people of
Okeechobee and an improvement of service for many of our local
business owners.
If anyone has any comments or suggestions to the improvement
of this communication need, I am open and happy to consider them.
I want to Thank You in advance for your help and co-operation in
this matter.
Regards,
William H. Freeman
Property Owner
OCT-i2-99 12:20 From:
T-124 P 02/03 Job-7147
Or r
tha
Departm ut of Otatp
I certify from the records of this office that NSXTEL SOUTH 00RP., is a
corporation organized under the laws of Georgia, authorized to transact business
In the State of Florida, qualified on May 21, 1903.
The document number of this corporation Is F93000pp2413.
I further certify that said corporation has paid ail fees and penalties due thia office
through December 31, 1998. that its most recent annual report wasr filed. on
February B, 1888, and its status is active.
I further certify that said corporation has not flied a Certlflrate of Withdrawal.
Given under my hand'and the
Great Seat of the Stet® of Flori a
at Tallahassee, the Capitol this the
Third day of June, 1 b88
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PRINCIPAL: 6573 TEE CORNERS PA AYE ST., N.E.
ADDRESS NORCROSS, CA 30092
MAILING 1305 FARM CREDIT DR -
ADDRESS SUITE 100
MCLEAN, VA 22102
RA NAME CORPOR&TZON SBRVZCB COMPANY NAME CEO: 12/26/96
RA ADDR 1201 RAYS STREET ADDR CHG: 12/26/96
TALLAHAS:SEE, FIB $2301 U9
AM REP ; (1997) 8 02/18/97 (1998) A 02/06/ps (1999) A 02/26/99
6/09/99
CORP DER:
OSFICER/DIRECTOR DBTAZL SCRIZN
r93000002413 CORD NAIL: NmcTEL BOUTS CORD.
TITLE:
S
NAM: SUTA42R, RIED
6575 THE CoMzRs pxwy
NOR=SS, GA 30092
TITLE:
VO
NAM: SEGZMAN, GARY
675 THE CORNERS PXWY
NORCROSSi GA 30092
TITLE:
PD
KAM : ORCH M , RI CHARD
6575 THE CORNERS PKWY
NORCROSS, GA 30092
TITLE:
VD
NAM: SIDNAN, TlCM5 J
6575 THE CORNERS PRWy
NORCROSS, Gh 30092
TITLE:
VP
NAME:'C rAAO, JOHN
6S75 THR COANZR pXWy
xORMAS, U 30092
TITLE:
VCFO
HAMS ; SNINDLER, STEVL+N X
6575 THE CORNERS pXWy
----- THIS
NORCROSS, GA 30092
3:51 PM
IS NOT OFFICIAL RECORD: SEE DOCUMENTS IF QUESTION OR CONFLICT -----
1
Plaasa Tvoa or Print en 7hic Anrm
Failure To provide All Requested Information May Delay Processing of Your Alotice
r;6�� Notice of Proposed Construction or Alteration
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1. Sponsor (parson, company. ate. Pruposing this acvonj.,
Attn.or:
Name:
Address:
B. Latitude; --27 Q - U.._ 03.13 "
5
10.Longitude: ,._$Q�_°. ,�__ Q•,�Q
11. 04tUrn: t 4 NAD 83 Q NAG 27 ❑ Other,
2. Nearest: City: Indisntl=
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13. Nearest Publtc•um (not privafe-usa) or MIIllary Airport or Heliport:
08_E: OKE-CHOBEE COUNTY
Clty:�d --- - Statar.�Zlp:
7o110phane! (4h7) 5I4A.7n9 Fax.
2. Sponsor's Reprosantative Of outer than lril:
Namc; - — -
Address:
14- Distance from #13. to Structure:
15. Direction from #13. to Structure: 125 df-i4L222 —
19, Site Elevation (AMSLJ. ?a tt.
17. Total Structure Maight (AGLJ: 154 ft.
tti• Qvmlt Meight (#7e. w #17.) (AMS". I A7 n.
19. Previous FAA AeronAutical Study Number orappNeabis):
- OE
2Q• DascriptiOA of LOCation: (Attach a USGS 71 minute
QMAWr' 5ta Mop wl■1 the procreo sire aNalred and nor cortdfed aurrgy j
please see attached map.
C4-. Stara:_. —zip:13
Telephone: (L1) Fax:
3. Notice of New Construction Alteration
(y'� Q Cj Exlating
4. Duration: Permanent ❑ Temporary (_months. _days)
6. Work Schadul■; f3eglnnmg pad _.
8. Type: M Antenna Tower ❑ Clone ❑ building ❑ Power Line
❑ Landfill [3 Water Tank ❑ Other
7. MarkInWRainting andlor Lighting Preferred.,
�j Red Lights and paint M Dual . Red and Medium Intaftity White
❑ White - Medium intensity Q Dual - Red and high Intensity White
[] Whits - Htgn Intensity Sa othw
S. FCC Antonin& Structure Registration Numhel pr4ppaeabral:
21. GOrilpteTB Mr
e Pg1pUon at M'rtapoe■s=
New Antenna Tower
frequerrcylPnwar
(K A4
800-321 MH
100W
851-BWMHIIOOW
NEW
Nance Is required by 14 Ce4v or Pad= laeguutpons, Y-art 77 purwanc to 4M U.4.4., ftapolen 44716, p.r.ene whe 1NI.+win■tV and ullllinaly ulolate the notice
requirements at part 77 are autijecr to a civil penalty of $1,005 per day until the rwuee is rt:ealvod, pursuant to 43 U.S.C., Section 46301 {aj
I hereby certify that all of the :shove staternenta made by me are true, enlrtplate, and Correct to the past of my knowled 1 addition, l stgree to mark
andlor light the structure irs accordance with 4104bl•Ished Indrking A lighting standards as necessary.
Date
11112I199B
C.A �`I�GA•
Typed or Printed Nsm4 aria Tine, of PerSOn Flling Natica
Carlos J. Febry Regulatory Compliance
algnaruta
• --- - --••• •-� , . ^)-,�rlw, �uy.s „�Y,YM. FV141NN
i t NSN! 0052-00-0117-0000
0
NEXTEL COMMUNICATIONS
6700 North Andrews Ave. - Suite 700
Ft. Lauderdale, Florida 33309
October 22, 1999
City of Okeechobee
55 SE 3rd Avenue
Okeechobee, F1 34974
Re: Letter of Intent
To Whom It May Concern:
The purpose of this letter is to show the intent to enter
into a lease agreement between William H. Freeman and NEXTEL
COMMUNICATION. This is for a parcal of land at 119-B NW 8th St.
in the city of Okeechobee.
The Lease agreement shall include the rights to place a 150'
Monopole with antennas for the purpose of enhancing its coverage
throughout the city of Okeechobee of Radio and
Telecommunications.
NEXTEL COMMUNICATIONS personel will complete and file
zoning, permitting,and variance applications. NEXTEL
COMMUNICATIONS will pay all Construction, permitting,
maintenance, utility and operation costs associated with the
facility.
Regards
A�Chreion
NEXTEt COMMUNICATIONS CONSULTANT
WANUUM OM
Dora . To asstvw.
NAI100 Postal At
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FILED cni? WN0 1-1I
JKEECIM. F M. .
2 3332 96MAY 24 P11 !, 22
SHARON ROBERTSO.'
CLERK OF CIRCUIT COUr.
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• erk of CltCult Cosa
'� • fFACa AaOVt TNq LRIa r'OR R632f1N0 DATA SFACII AROYR THIS LING FOR RaCORDINO DATA
r�hi8 Parruntil 3BeebT Made the ??rta dayof A,ay
F 19 gfi— , by
hereinafter called the Grantor, to William H. Freeman
whose post o.Ticeaddress is 19A4 S W 97th Ave, nr..,..s _, __ F1 34474
hereinafter called the Grantee.
(wan.r.r .wd MM. dr — -0—r W 'O,-- 1.•'I.d, .R d,. ,r,l« w d,h i.•u..r.• W ,a. Mtn, MSJ r.s,.«,n•nr,•,
W Is-
.•aN Mdir/d..A, W dl. •.e«••w• W n•Ip• N awrw.li..•, raenv, n. e..un «.dwN• .r •.T.m•.1
pitnesseth, Thar the Grantor, for and /II consideration of the sum of S 100.00 and other
valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirms unto the Grantee all that certain land, situate in 111ros.e hnhPn
County. State oj_F_1_ar; Aa , viz.
Lots 11 to 20 inclusive of Block 58, Okeechobee,
according to the plat thereof recorded in Plat
Book 2, Page 17, public records of St. Lucie
County, Florida, subject to reservations of record.
together, with all the tenements, herediraments and appurtenances thereto belonging or in anywise
appertaining. to Xztbe nnb to Xo1b, the same infer simple forever.
cAnb the Grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee
simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants
the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said
land is free of all encumbrances, except taxes accruing subsequent to December 31. 19 9 5
can Pitness 04treof, the said Grantor has signed and sealed these presents the day and year first above
written.
wn.«. sis..I.n I« N C.4—. it..,)
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01 S.W. 37th Ave
19
h•I Om« Alden• '
Okeechobee, F1 34974
c.•O.•.I.,
M."Nw
I1Wh— sis«,„. In r:.•af.MM, If «,1
h.I Offk. Addm•
M.ad Ma-
1 STATE OF FLOR T )A
C
COUNTY OF _OKWRRfrHOAFF I hereby Cenify that on this day, before me, an officer duly authorised
to administer oaths and take acknowledgments, personally appeared
kDowD 10 me to be the person,__ described in and who executed the foregoing instrument, who acknowledged before me that ah d+
fool —I ted the same, and ad oath was not\Iak'en. (Cheek one:) O Said persou(s) Ware personally known to me. A Said penon(s) provided the
( O !Dit type ondeatinoation: e(- sX.
NOTARY RUaaRR STAMF29AL Witness my hsn4 and official aal In the County and State last aforesaid'
�
this tC.officialday �( A.D. I9es,L
�I wool. WiIr. to
t,
w
William H. Freeman
1989 SW 37th Ave.
Okeechobee, FL 34974
October 21, 1999
City of Okeechobee
55 SE 3rd Avenue
Okeechobee, FL 34974
Re: Consent Of Owner
To Whom It May Concern:
I William H. Freeman give my consent to Nextel South
Corporation to apply to the City of Okeechobee for any and all
permits, variance's, etc. that they, or the City of Okeechobee
deem necessary to conduct business.
If anyone has a question pertaining to this letter of
consent they may contact me by telephone at 941-763-3915 or 941-
763-1367 for answers to all questions.
Regards,
✓� �/'r�
William H. Freeman
400 INDUSTRIAL ZONING DISTRICT REGULATIONS
1 Industrial zoning districts shall be permitted only on land designated as Future Land Use category
Industrial in the Comprehensive Plan.
2 Uses in Industrial zoning districts shall be subject to the following Regulations:
401 PERMITTED USES
The following principal uses and structures are permitted:
1 Business office
2 Business school
3 Retail service, Retail store including outdoor display of merchandise
4 Research laboratory
5 Manufacturing, Processing, except those which produce explosives
6 Mechanical and repair services
7 Bulk storage of non -hazardous material
8 Off -site sign
9 Outdoor sales and storage, Building contractor
10 Wholesale sales and distribution
11 Enclosed warehouse and storage
12 Commercial laundry, Dry cleaner
13 Printing
14 Auto service station, Car wash
15 Drive -through service
16 Parking garage, Parking lot
17 `' Radio, television or cable reception, transmission or operational facilities
18 Veterinary service
19 Railroad facilities
20 Public utility
21 Public facility
402 SPECIAL EXCEPTION USES
The following uses and structures are permitted after issuance of a special exception use petition and may
have additional conditions imposed at time of approval:
1
2
so
Manufacturing chemical or leather products
Bulk storage of hazardous material and flammable liquid
3
Salvage yard
4 Other industrial uses not listed
f; 5 Cafe
6 Crematory
7 Adult entertainment. Fortune teller.
Notwithstanding any other provision of these land development Regulations, business establishments
subject to this special exception use may not be permitted in any area of the City, except that such
establishments are permitted as a special exception use in industrial zoning, if all other conditions of
Ordinance No. 720 are met, and as hereafter provided:
Distance minimums. In addition to the requirements of Ordinance No. 720, an adult
establishment shall not be permitted to open, operate or be enlarged so as to come within the
following distances:
(1) 1,000 feet of a pre-existing adult entertainment establishment.
(2) 1,000 feet of a pre-existing commercial establishment that in any manner sells or
dispenses alcoholic beverages for on or off -premises consumption.
(3) 1,000 feet of a pre-existing religious institution.
(4) 1,000 feet of a pre-existing educational institution.
(5) 500 feet of an area zoned within the City for any classification of residential use.
(6) 500 feet of an are designated as residential on the future land use map of the City's
Comprehensive Plan.
(7) 500 feet of the property line of a pre-existing residence.
(8) 1,000 feet of a pre-existing park.
b Supplemental alcoholic beverage Regulations. The zoning and distance requirements of
this section are independent of, and do not supersede, the distance requirements for alcoholic
beverage establishments as are provided by Chapter 3, Code of Ordinances.
c Measurement of Distances. The distance from a proposed or existing adult entertainment
establishment to a pre-existing adult entertainment establishment; commercial establishment
that sells or dispenses alcohol for on or off -premises consumption; religious institution;
educational institution; residential use or classification; or park, shall be measured by drawing
a straight line between the closes property liens of the proposed adult entertainment
establishment and the uses outlined in Sections 1-8 above.
d Variances Prohibited. The Board of Adjustment and Appeals shall not vary the distance
restrictions imposed by this section.
8 Permitted uses in excess of 45 feet in height
9 Outdoor vehicle sales lot
403 CUSTOMARY ACCESSORY USES
Each permitted principal use and special exception use is also permitted to have the customary accessory
uses for that use.
404 LOT AND STRUCTURE REQUIREMENTS
Except where further restricted by these Regulations for a particular use, minimum requirements shall be:
51
1 Minimum Lot Area
All uses: Area As needed to comply with requirements set out herein
Width None
2 Minimum Yard Requirements
Except where a greater distance is required by these Regulations for a particular use, minimum yard
setbacks shall be as follows:
All uses: Front 25 feet
Side 15 feet; 40 feet abutting residential zoning district
Rear 20 feet; 40 feet abutting residential zoning district
3 Maximum Lot Coverage by All Buildings
Maximum Coverage Maximum Impervious Surface
All uses: 50 percent 85 percent
C4Maximum Height of Structures
Except where further restricted by these Regulations for a particular use, maximum height shall be as
follows:
All use, _ 45 feet, where workers are employed, unless a special exception is granted
- 100 feet, where normal) there are no workers
Y es
405 ADDITIONAL REGULATIONS
Additional Regulations which shall apply to all uses include but are not limited to:
1 Concurrency Regulations
2 Parking and Loading Regulations
3 Landscaping Regulations
4 Sign Regulations
5 Accessory use Regulations
6 Supplementary use Regulations
7 Environmental and stormwater Regulations
8 Utilities Regulations
52
r9 MORE THAN ONE PRINCIPAL BUILDING ON A LOT
More than one principal structure may be erected on a lot provided that surveyed legal descriptions shall be
used, and area, yard and all other zoning Regulations shall be met for each structure as though they were on
separate lots. Except for detached single family housing, all other development is subject to site plan approval.
610 BUILDING SETBACKS FROM WATER BODIES
Notwithstanding any other provision of these Regulations, lots with yards abutting any required water retention
lake, any required drainage canal, or other water body over 50 feet wide, shall maintain an unobstructed
easement 20 feet wide; except that in residential zoning districts the rear setback may be reduced to zero to
accommodate a boat house or similar structure that is adjacent to or extends beyond the rear property line.
611 SWIMMING POOL
Swimming Pools as an Accessory Use to a Residential Use
Pools shall be surrounded by a wall, fence or other barrier safety enclosure at least 5 feet high. Doors
and gates in the exterior enclosure shall have a self-locking fastener installed at least 5 feet above
ground level.
2 Swimming Pools as a Principal Commercial or Recreation Use
a Pools shall comply with applicable district requirements.
b Pools shall be surrounded by a wall, fence or other barrier safety enclosure at least 6 feet
high, constructed to prevent normal unauthorized access to the pool.
L 2 EXCLUSIONS FROM HEIGHT LIMITS
In any non-residential district, the height limitations do not apply to spires, belfries, cupolas, water tanks,
ventilators, chimneys or other appurtenances; provided that they shall not exceed Federal Aviation Agency
height limitations.
613 OUTDOOR STORAGE USES IN NON-RESIDENTIAL DISTRICTS
Outdoor storage uses permitted in non-residential districts, comprising goods and materials, shall be screened
from adjacent residential zoning districts by a fence or landscaping at least 5 feet high. Goods and materials
shall not be stored in required yards.
614 HURRICANE SHELTER
Mobile home parks and mobile home subdivisions shall provide a hurricane shelter for residents and their
guests.
74
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COMMUNICATIONS SITE LEASE AGREEMENT (GROUND)
This Lease Agreement ("Agreement") is entered into this day of 199, between
a with an office at ("Lessor"),
and NEXTEL SOUTH CORP. a Georgia corporation with an address of 851 Trafalgar Court, Suite 300E, Maitland, FL 32751 ("Lessee").
For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. Premises. Lessor is the owner of a parcel of land (the "Land") located in the of , County of
State of Florida commonly known as . The Land is more particularly described in
Exhibit A annexed hereto. Lessor hereby leases to Lessee and Lessee leases from Lessor, approximately
L� square feet of the Land and all access and utility easements, if any, (the "Premises") as described in Exhibit B annexed hereto.
2. Use. The Premises may be used by Lessee for any activity in connection with the provision of communications services. Lessor agrees to
cooperate with Lessee, at Lessee's expense, in making application for and obtaining all licenses, permits and any and all other necessary
approvals that may be required for Lessee's intended use of the Premises.
3. Tests and Construction. Lessee shall have the right at any time following the full execution of this Agreement to enter upon the Land for
the purpose of making appropriate engineering and boundary surveys, inspections, soil test borings, other reasonably necessary tests and
constructing the Lessee Facilities (as defined in Paragraph 6(a) below).
4. Term. The term of this Agreement shall be five (5) years commencing upon construction of Lessee's facilities or One Hundred Eighty
(180) days from final execution of this Agreement, whichever first occurs ("Commencement Date") and terminating on the fifth anniversary of
the Commencement Date (the "Term") unless otherwise terminated as provided in Paragraph 10. Lessee shall have the right to extend the Term
for five (5) successive five (5) year periods (the "Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shall
automatically be extended for each successive Renewal Term unless Lessee notifies Lessor of its intention not to renew prior to commencement
of the succeeding Renewal Term.
5. Rent. Within 15 days of the Commencement Date and on the first day of each month thereafter, Lessee shall pay to Lessor as rent
and 00/100 DOLLARS (S ) per month ("Rent"). Rent for any fractional month at the beginning or
at the end of the Term or Renewal Term shall be prorated. Rent shall be payable to Lessor at
Attention:
6. Facilities, Utilities; Access.
(a) Lessee has the right to erect, maintain and operate on the Premises radio communications facilities, including without limitation, an
antenna tower or pole and foundation, utility lines, transmission lines, air conditioned equipment shelter(s), electronic equipment, radio
transmitting and receiving antennas, supporting equipment and structures thereto ("Lessee Facilities"). In connection therewith, Lessee has the
right to do all work necessary to prepare, maintain and alter the Premises for Lessee's business operations and to install transmission lines
connecting the antennas to the transmitters and receivers. All of Lessee's construction and installation work shall be performed at Lessee's sole
cost and expense and in a good and workmanlike manner. Title to the Lessee Facilities shall be held by Lessee. All of Lessee Facilities shall
remain Lessee's personal property and are not fixtures. Lessee has the right to remove all Lessee Facilities at its sole expense on or before the
expiration or earlier termination of the Agreement; provided, Lessee repairs any damage to the Premises caused by such removal. Upon
termination of this Agreement, Lessee shall not be required to remove any foundation more than one (1) foot below grade level.
(b) Lessee shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company. Lessee shall have
the right to draw electricity and other utilities from the existing utilities on the Land or obtain separate utility service from any utility company
that will provide service to the Land (including a standby power generator for Lessee's exclusive use). Lessor agrees to sign such documents or
easements as may be required by said utility companies to provide such service to the Premises, including the grant to Lessee or to the servicing
utility company at no cost to the Lessee, of an easement in, over across or through the Land as required by such servicing utility company to
provide utility services as provided herein. Any easement necessary for such power or other utilities will be at a location acceptable to Lessor
and the servicing utility company.
(c) Lessee, Lessee's employees, agents, subcontractors, lenders and invitees shall have access to the Premises without notice to Lessor
twenty-four (24) hours a day, seven (7) days a week, at no charge. Lessor grants to Lessee, and its agents, employees, contractors, guests and
invitees, a non-exclusive right and easement for pedestrian and vehicular ingress and egress across that portion of the Land described in Exhibit
B.
(d) Lessor shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and
vehicular access at all times under normal weather conditions. Lessor shall be responsible for maintaining and repairing such roadway, at its sole
expense, except for any damage caused by Lessee's use of such roadways.
7. Interference.
(a) Lessee shall operate the Lessee Facilities in a manner that will not cause interference to Lessor and other lessees or licensees of the
Land, provided that their installations predate that of the Lessee Facilities. All operations by Lessee shall be in compliance with all Federal
Communications Commission ("FCC") requirements.
(b) Subsequent to the installation of the Lessee Facilities, Lessor shall not permit itself, its lessees or licensees to install new equipment on
the Land or property contiguous thereto owned or controlled by Lessor, if such equipment is likely to cause interference with Lessee's operations.
Such interference shall be deemed a material breach by Lessor. In the event interference occurs, Lessor agrees to take all reasonable steps
necessary to eliminate such interference, in a reasonable time period.
8. Taxes. If personal property taxes are assessed, Lessee shall pay any portion of such taxes directly attributable to the Lessee Facilities.
Lessor shall pay all real property taxes, assessments and deferred taxes on the Land.
9. Waiver of Lessor's Lien.
(a) Lessor waives any lien rights it may have concerning the Lessee Facilities which are deemed Lessee's personal property and not
fixtures, and Lessee has the right to remove the same at any time without Lessor's consent.
(b) Lessor acknowledges that Lessee has entered into a financing arrangement including promissory notes and financial and security
agreements for the financing of the Lessee Facilities (the "Collateral") with a third party financing entity (and may in the future enter into
additional financing arrangements with other financing entities). In connection therewith, Lessor (i) consents to the installation of the Collateral;
(ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution,
foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without
recourse to legal proceedings.
10. Termination. This Agreement may be terminated without further liability on thirty (30) days prior written notice as follows: (i) by either
party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written
notice of default, provided that the grace period for any monetary default is ten (10) days from receipt of notice; or (ii) by Lessee for any reason
or for no reason, provided Lessee delivers written notice of early termination to Lessor no later than thirty (30) days prior to the Commencement
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Date; or (iii) by Lessee if it does not obtain or maintain any license, permit or other approval necessary for the construction and operation of
Lessee Facilities; or (iv) by Lessee if Lessee is unable to occupy and utilize the Premises due to an action of the FCC, including without
limitation, a take back of channels or change in frequencies; or (v) by Lessee if Lessee determines that the Premises are not appropriate for its
operations for economic or technological reasons, including, without limitation, signal interference.
11. Destruction or Condemnation. If the Premises or Lessee Facilities are damaged, destroyed, condemned or transferred in lieu of
condemnation, Lessee may elect to terminate this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of
condemnation by giving notice to Lessor no more than forty-five (45) days following the date of such damage, destruction, condemnation or
transfer in lieu of condemnation. If Lessee chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to the actual
reduction or abatement of use of the Premises.
12. Insurance. Lessee, at Lessee's sole cost and expense, shall procure and maintain on the Premises and on the Lessee Facilities, bodily injury
and property damage insurance with a combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Such
insurance shall insure, on an occurrence basis, against all liability of Lessee, its employees and agents arising out of or in connection with
Lessee's use of the Premises, all as provided for herein. Lessor shall be named as an additional insured on Lessee's policy. Lessee shall provide
to Lessor a certificate of insurance evidencing the coverage required by this paragraph within thirty (30) days of the Commencement Date.
13. Waiver of Subrogation. Lessor and Lessee release each other and their respective principals, employees, representatives and agents, from
any claims for damage to any person or to the Premises or to the Lessee Facilities thereon caused by, or that result from, risks insured against
under any insurance policies carried by the parties and in force at the time of any such damage. Lessor and Lessee shall cause each insurance
policy obtained by them to provide that the insurance company waives all right of recovery by way of subrogation against the other in connection
with any damage covered by any policy. Neither Lessor nor Lessee shall be liable to the other for any damage caused by fire or any of the risks
insured against under any insurance policy required by Paragraph 12.
14. Assienment and Subletting. Lessee may assign this Agreement or sublet or license the Premises or any portion thereof to an entity upon
written notification to Lessor by Lessee, subject to the assignee assuming all of Lessee's obligations herein. Upon assignment or subletting,
Lessee shall be relieved of all future performance, liabilities, and obligations under this Agreement. Lessee shall have the right to sublet this
Agreement without Lessor's consent. Lessor may assign this Agreement upon written notice to Lessee, subject to the assignee assuming all of the
Lessor's obligations herein, including but not limited to, those set forth in Paragraph 9 ("Waiver of Lessor's Lien") above. This Agreement shall
run with the property and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives, heirs
and assigns. Notwithstanding anything to the contrary contained in this Agreement, Lessee may assign, mortgage, pledge, hypothecate or
otherwise transfer without notice or consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to
whom Lessee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures,
notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in
respect of guaranties thereof.
15. Warranty of Title and Ouiet Enjoyment. Lessor warrants that: (i) Lessor owns the Land in fee simple and has rights of access thereto
and the Land is free and clear of all liens, encumbrances and restrictions; (ii) Lessor has full right to make and perform this Agreement; and (iii)
Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing and performing all the terms, covenants and conditions
on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy the Premises. Lessor agrees to indemnify and hold
harmless Lessee from any and all claims on Lessee's leasehold interest.
16. Re airs. Lessee shall not be required to make any repairs to the Premises or Land unless such repairs shall be necessitated by reason of the
default or neglect of Lessee. Except as set forth in Paragraph 6(a) above, upon expiration or termination hereof, Lessee shall restore the Premises
to the condition in which it existed upon execution hereof, reasonable wear and tear and loss by casualty or other causes beyond Lessee's control
excepted.
17. Hazardous Substances. Lessee agrees that it will not use, generate, store or dispose of any Hazardous Material on, under, about or within
the Land in violation of any law or regulation. Lessor represents, warrants and agrees (1) that neither Lessor nor, to Lessor's knowledge, any
third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material (defined
below) on, under, about or within the Land in violation of any law or regulation, and (2) that Lessor will not, and will not permit any third party
to use, generate, store or dispose of any Hazardous Material on, under, about or within the Land in violation of any law or regulation. Lessor and
Lessee each agree to defend, indemnify and hold harmless the other and the other's partners, affiliates, agents and employees against any and all
losses, liabilities, claims and/or costs (including reasonable attorney's fees and costs) arising from any breach of any representation, warranty or
agreement contained in this paragraph. As used in this paragraph, "Hazardous Material" shall mean petroleum or any petroleum product,
asbestos, any substance known by the state in which the Land is located to cause cancer and/or reproductive toxicity, and/or any substance,
chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. This paragraph
shall survive the termination of this Agreement.
18. Miscellaneous.
(a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and
other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both
parties.
(b) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the
application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision
of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
(c) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties.
(d) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, or reliable
overnight courier to the address of the respective parties set forth below:
Lessor:
Lessee: Nextel South Corp.
851 Trafalgar Court,
Suite 300E
Maitland, FL 32751
Attn.: Property Manager
With a copy to: Nextel Communications, Inc.
1505 Farm Credit Drive
McLean, VA 22102
Attn.: Legal Dept., Contracts Manager
Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder
shall be deemed received upon actual receipt.
S:\SHARED\SITE_DEVU.EASFRMS\UEGRND.DOC 2 6/25/98 1
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(e) This Agreement shall be governed by the laws of the State of Florida.
(f) Lessor acknowledges that a Memorandum of Agreement in the form annexed hereto as Exhibit C will be recorded by Lessee in the
official records of the County where the Land is located. In the event the Land is encumbered by a mortgage or deed of trust, Lessor agrees to
obtain and furnish to Lessee a non -disturbance and attomment instrument for each such mortgage or deed of trust.
(g) Lessee may obtain title insurance on its interest in the Land. Lessor shall cooperate by executing documentation required by the title
insurance company.
(h) In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement,
such party shall not unreasonably delay or withhold its approval or consent.
(i) All Riders and Exhibits annexed hereto form material parts of this Agreement.
0) This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
Signed, sealed and delivered in the presence of.
Witness
Print Name:
Witness:
Print Name:
STATE OF FLORIDA
COUNTY OF
LESSOR:
By:
Print Name:
Title:
Date:
Tax ID#:
The foregoing instrument was acknowledged before me this day of , 199 by
, as of a who is personally
known to me or who has produced as identification and who did (did not) take an oath.
WITNESS my hand and official seal.
Notary Public
Print Name
My commission expires:
(SIGNATURES CONTINUED ON FOLLOWING PAGE)
S:\SHARED\SITE_DEVU.EASFRMS\ SEGRND.DOC 3 6125/98
Mkt.:
Site No.:
Site Name:
Signed, sealed and delivered in the presence of:
Witness
Print Name:
Witness
LESSEE:
NEXTEL SOUTH CORP., a Georgia corporation
By:
Print Name: John Cafaro
Title: Regional Vice Presirent FnainePrino
Print Name: Date:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of 199 , by John Cafaro, as
Regional Vice President of Engineering of Nextel South Corp., a Georgia corporation, who is personally known to me or who has produced
as identification and who did (did not) take an oath.
WITNESS my hand and official seal.
Notary Public
Print Name
My commission expires:
S:\SHARED\SITE_DEV\LEASFRMS\LSEGRND.DOC 4 6/25/98
Mkt.:
Site No.:
Site Name:
EXHIBIT A
DESCRIPTION OF LAND
to the Agreement dated , 199 by and between
SOUTH CORP., a Georgia corporation, as Lessee.
The Land is described and/or depicted as follows (metes and bounds description):
as Lessor, and NEXTEL
S:\SHAREDISITE_DEV\LEASFRMS\LSEGRND.DOC 5 6/25/98
Mkt.:
Site No.:
Site Name:
to the Agreement dated
SOUTH CORP., a Georgia corporation, as Lessee.'
The Premises are described and/or depicted as follows:
EXHIBIT B
DESCRIPTION OF PREMISES
_, 199_, by and between
as Lessor, and NEXTEL
Notes:
1) This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee.
2) Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities.
3) Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments.
4) The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, mounting positions
may vary from what is shown above.
S:\SHARED\SrrE_DEV\LEASFRMS\LSEGRND. DOC 6 6/25/98
Mkt.:
Site No.:
Site Name:
PREPARED BY:
P. D. Hickman, Esq.
Nextel South Corp.
6700 N. Andrews Avenue, Suite 700
Ft. Lauderdale, FL 33309
RETURN TO:
Site Development Manager
Nextel South Corp.
EXHIBIT C
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is entered into on this day of 199_, by and between
' a with an address at
NEXTEL
a Georgia corporation, with an office at 851 Trafalgar Court, Suite 300E, Mait and,tFL 32751erred (hereinafter referredoto as "Lessor") andas "Lessee")SOUTH CORP.,
Lessor and Lessee entered into a Communications Site Lease Agreement ("Agreement") on the _ day of 199 , for the
purpose of installing, operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the
Agreement.
The term of the Agreement is for five (5) years commencing on , 199_ ("Commencement Date"), and terminating on the
fifth anniversary of the Commencement Date with five (5) successive five (5) year options to renew.
The Land which is the subject of the Agreement is in County, Florida, described in Exhibit A annexed hereto. The portion
of the Land being leased to Lessee (the "Premises") is described in Exhibit B annexed hereto.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written.
Signed, sealed and delivered in the presence of:
Witness
Print Name:
Witness
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
as of a
known to me or who has produced
WITNESS my hand and official seal.
Notary Public
Print Name
My commission expires:
LESSOR:
By:
Print Name
Title:
Date:
day of
199_, by
who is personally
as identification and who did (did not) take an oath.
(SIGNATURES CONTINUED ON FOLLOWING PAGE)
S:\SHARED\SITE_DEV\LEASFRMS\LSEGRND. DOC
6/25/98
Mkt.:
Site No.:
Site Name:
Signed, sealed and delivered in the presence of.
Witness
Print Name:
Witness
Print Name:
LESSEE:
NEXTEL SOUTH CORP., a Georgia corporation
By:
Print Name:John '-afaro
Title: Regional Vice President Engineering
Date:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of 199 , by John Cafaro, as Regional
Vice President of Engineering of Nextel South Corp., a Georgia corporation, who is personally kWo7�wW to me or who has produced
as identification and who did (did not) take an oath.
WITNESS my hand and official seal.
Notary Public
Print Name
My commission expires:
S:\SHARED\SrFE DEV\LEASFRMS\SEGRND.DOC 8
6/25/98
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Legal description of Lease site as follows:
East 1/2 of lots 15 and 16 inclusive of Block 58, City of
Okeechobee, according to the plat thereof recorded in Plat Book 2,
Page 17, pubic records of St. Lucie County, Florida.
Note: Lease area equals .2 of an acre.
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Name: William H. Freeman
1989 SW 37th Ave.
Address:
OKEECHOBEE, FL 34974
This Instrument Prepared by: Rhonda L . Freeman
Name: 1989 SW 37th Ave.
Amass, Okeechobee, FL 349'
SPACE ABOVE THIS LINE FOR PROCESSING DATA
SPACE ABOVE THIS LINE FOR RECORDING DATA
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,State of Florida
TouutV of Okeechobee
Before the undersigned, an officer duly commissioned by the laws of the State of Florida ,
on this 21 day of October
, 19 99 . personally appeared
William H. Freeman
who having been first duly sworn depose d and say
I hereby Certify that this is a complete and correct list of all
property owners, mailing
addresses, and property numbers, for all
property within 300 feet
of the subject property, as recorded in the
latest official tax roll
in the Okeechobee County Courthouse.
Aunt Signature
William H. Freeman
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1989 SW 37th Ave., Okeechobee, FL 34974
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MY Commission CC697053
$ Na.r.� Expires November 18, 2001
Witness my hand and official seal in the County and State last aforesaid this
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DOWNTOWN OKEECHOBEE
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PROFESSIONAL SURVEYORS
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105 S. Narcissus Ave., Suite 712, West Palm
Beach, Florida 3340'
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E-mail: mappersOwlfish. com
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Payless Car Sales of Okeechobee, Inc.
117 North Parrott Avenue
Okeechobee, Florida 34972
November 23, 1999
City Council Board of Adjustments
55 South East 3rd Avenue
Okeechobee, FL 34974
Re: NEXTEL Monapole Tower
119-B North West 8th Street
To Whom It May Concern,
We are located Q 117 North Parrott Avenue, Okeechobee, Florida adjacent to
the above mentioned property where it is our understanding that NEXTEL has
proposed to construct a 150' Monapole Tower.
Let it be known we are not opposed to the construction of said tower that
will enhance our surrounding telecommunications in and about the city of
Okeechobee.
Regards,
1
A ela Armstrong
Payless Car Sales of Okeechobee, Inc.
X ~ •
. . . . . . . . . . . .
UNIT:: r::0 :000p, IN:
P.O. Box 46&efibe0lSee0wbee, Florida 34973-0485 • Telephone: (813) 763-2145 • FAX: (813) 763-7334
City of Okeechobee
William H. Freeman
The Board of Directors of United Feed Co-op., Inc. is aware of the request Mr. Freeman has made for
putting a Nextel tower across from the office and feed mill. After talking with them they see no problems
and have no objections to his request.
Board of Directors
United Feed Co-op., Inc.
- h on Williams
Comptroller
���f OKtfcyo
M�
tw . Cityof Okeechobee
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114
November 1, 1999
United Feed CO-OP Inc.
Box 485
Okeechobee, FL 34973
RE: WILLIAM H FREEMAN/NEXTEL
A VARIANCE REQUEST TO ALLOW AN INCREASE OF HEIGHT TO 150 FEET.
Dear Property Owner:
William H. Freeman, Owner/Nextel, Applicant has filed a request for a Variance with the
Board of Adjustments of the City of Okeechobee, Florida. This is to advise you of the PUBLIC
HEARING on this matter will be held before the BOARD OF ADJUSTMENTS of the City of
Okeechobee at 7.00 P.M. on TUESDAY, NOVEMBER 23, 1999.
The Public Hearing will be held at the City Hall Building located at, 55 Southeast 3rd Avenue,
Rm No. 200. Okeechobee, Florida. Granting of this variance request would allow an increase of
height to 150 feet to allow a Monopole with antennas on the following described property:
Legally described as East % of Lots 15 and 16 inclusive of Block 58, City of
Okeechobee. According to the plat Book 2, Page 17, Public Records of St. Lucie
County, Florida. Located at 119-B Northwest 8th Street
According to City Ordinance we are required to notify all property owners within three
hundred (300) feet of the property in question.
If you are unable to attend and wish to discuss this matter, please feel free to call General
Services office at (863)763-3372 extension 217. With best regards, I am
Respectfully,
CZ
I� % Jim LaRue,
City Pl4ning Consultant
J Ubc
Certified Mail #Z 032 939 658
RETURN RECEIPT REQUESTED
55 S.E. Third Avenue • Okeechobee, Florida :1-1974-2932 • (911) 76 3-:3372 • Far: (911) 763-1686
BIG LAKE ELECTRIC, ANC.
POST OFFICE BOX 124
"STATE CERTIFIED" OKEECHOBEE, FL. 34973 LIC. # EC-0001641
(941) 357 - 2744 FAX: 357 - 1333
November 16, 1999
Okeechobee City Council
55 S.E. 3"' Avenue
Okeechobee, FL, 34974
ATTN: Okeechobee City Councilmen
Gentlemen:
At Big Lake Electric, Inc., we are a small company with 7 employees. We rely on our Nextel phones to
communicate with Contractors, customers, office and field employees. We are in support of the Nextel
Radio tower proposed to be constructed in the City.
We appreciate you taking the time to review our request. If you have any questions or comments please
feel free to contact our office at your convenience.
Sincerely,
ry, VA�Yndrson
Vice Pent, B.L.E.1.
Commercial Cot Pit nun ic•ations
206 North Parrott, ,-Ii cnue
Okcechobee. Florida 34972
86.3-467-0006
City Council of Okeechobee
55 Se, 3►d.y1renue
Okeechobee. -17 -34974
November 16. 1999
PVC: - l E it(l Stnic•ture Proposedfor 119-B -Alk- 81h St.
bear Sirs.
,,4Is ►ny company na►ne implies I am a. Conu►te►•c•ial Zelecol► mu►ltcatto►ls business
located in the City of Okeechobee and my customers use the _-V8XTF. - phones for all of
their communication. needs. :Since my customers and myself all use phones.
I can tell .you boil important it is to have the additional coverage the proposed Iortopole
with, Intenna's at 1194 .Nib- 8th Street trou.ld afford all of us.
I sit -ire to meet nuy customer needs and demands on a. continuing basis.
-_N',F.YZcv.r phones are re►j popular and are continuing to croii at a rapid ►•ate, largely
due to the fact that these phones are geared towards the business industnj. ,_/Ind good
cor-erage for ►ny customers means "happy customers" and that's irliat I irant to continue
to have. but as the -se popular phones groat out- coverage trill deteriorate without
additional Cell Structures.
Seeing hom for so►ne months it teas quite OJC for the City of Okeechobee to
collstnlct tilts same monopole on the City's property. ,1Ind only afte►• the Icagal notice for
the abol"e named proposal did thccity set out to place a moratorium and susImnsion of
all toire►:s being eontrlcted within the City Cynit.s, I curl tllerefiOr(- asking you to
reconsider your moratorium and suspension on toire►:s being built in the city. because
ir'e rle-ed the cor-e'rage.
SinCErely.
►n
MelodiJ Bulge►•
C'oninuercial C'ornntunications
•
•
From: David E. Hazellief
1200 South Parrott Avenue
Okeechobee. Fl 34974
To: Okeechobee City Council
November 16, 1999
Dear Mr. Mayor and Council Members,
As chairman of the citizens advisory committee, I feel it was our intention to include radio,
television, telephone or any, other transmission type equipment that operates off of a tower.
We specifically put them in the industrial zoning because Okeechobee has many tall
structures in this zoning district at the present time.
Sincerely Yours.
David E. Hazellief
Adron Fence Co., Inc.
2762 NW 4th St.
Okeechobee, FL 34972
November 16, 1999
Okeechobee City Council
55 SE 3rd Ave.
Okeechobee, FL 34974
Re: Nextel Tower
Dear Council Members,
it has been brought to our attention that Nextel is
proposing to erect a tower in Okeechobee County. we
would like to address this issue as our company is
currently using the Nextel system and have over 25
units in service.
Adron Fence Co., works all around the Lake area as well
as the East Coast. A local tower would improve
communications with our crews a great deal. Being in
the construction industry, communication with our crew
is of the utmost importance as job specifications can
change at any moment.
we believe the proposed tower (located at 119E NW 8th
St.), would be beneficial to our company as well as all
other local businesses and individuals which utilize
the Nextel system.
we hope that you will give this matter your
consideration.
Respectfully submitted,
G
Ross A. Chambers
vice President
• •
LaRUE PLANNING & MANAGEMENT SERVICES, Inc.
Tidewater Building • 1375 Jackson Street • Suite 206
Fort Myers, Plorida 33901
F. ✓
(941) 334-3366 • (941) 334-6444 * FAX (941) 334-6384
e-mail: jlarue1105Qa0l.cotn
Memorandum
To: Bonnie Thomas, Interim City Manager/Clerk, City of Okeechobee
From: Jim LaRue
Date: November 17, 1999
Subject: Nextel Telecommunications Tower
Our interpretation of the City of Okeechobee Code with reference to Nextel
Communications is as follows:
1) "Radio, television or cable reception, transmission or operational facilities" as
permitted uses in the Industrial zoning district does not specifically include towers
for telecommunications. While the Code permits reception and transmissions for
HAM radios from such a tower, it does not support cellular telephone
communications.
2) Maximum height limitations for structures in the Industrial zone is limited to "100
feet, where normally there are no workers." The applicant is requesting approval
to build a monopole 150 feet in height. Many towers in excess of 100 feet exist in
the City of Okeechobee, however, none of these are at the height of 150 feet.
3) Exclusions from height limits in any non-residential district, "do not apply to
spires, belfries, cupolas, water tanks, ventilators, chimneys or other
appurtenances." Monopole towers are not included in this listing.
The Telecommunications Act of 1996 favors growth in the area of wireless
communications. This tower, supported by this Act, would provide a service to meet the
growing demand of cellular phone subscribers in the City of Okeechobee and the surrounding
region. However, as Planning & Zoning Director, I am bound by the regulations as set out in the
City Code, which upon my interpretation, do not currently support the construction of a
telecommunications tower at the height of 150 feet. As such, we are not recommending approval
of the 50 foot variance for the tower to the Board of Adjustment.
OK[tCyo
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;= o,,.,�: City of Okeechobee
November 16, 1999
William H. Freeman
Nextel Communications
1989 SW 37th Avenue
Okeechobee, Florida 34974
Dear Mr. Freeman:
This is to officially notify you of the following meetings that will be held concerning
Variance Petition No. 99-004-V completed by you. Please notify me if you are unable to
attend these meetings:
Tuesday, November 23, 1999, Board of Adjustments Public Hearing, 7:00 p.m.
If you would like to pick up a copy of the agenda prior to the meetings please call the
General Services Department the Monday prior to the meeting. Should you have any
questions please do not hesitate to call me at (863)763-3372. With best regards, I am
Respectfully,
/7
Bea Castorina
Administrative Secretary
Enclosure
Certified Mail #Z 032 939 666
RETURN RECEIPT REQUESTED
55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 9 (941) 763-3372 • Fax: (941) 763-1686
•
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4 0 F; 101
November 1, 1999
Ashok & Pratibha
601 N Parrott Avenue
Okeechobee, FL 34972
RE: WILLIAM H FREEMAN/NEXTEL
A VARIANCE REQUEST TO ALLOW AN INCREASE OF HEIGHT TO 150 FEET.
Dear Property Owner. -
William H. Freeman, Owner/Nextel, Applicant has filed a request for a Variance with the
Board of Adjustments of the City of Okeechobee, Florida. This is to advise you of the PUBLIC
HEARING on this matter will be held before the BOARD OF ADJUSTMENTS of the City of
Okeechobee at 7.00 P.M. on TUESDAY, NOVEMBER 23, 1999.
The Public Hearing will be held at the City Hall Building located at, 55 Southeast 3rd Avenue,
Rm No. 200. Okeechobee, Florida. Granting of this variance request would allow an increase of
height to 150 feet to allow a Monopole with antennas on the following described property:
Legally described as East '/z of Lots 15 and 16 inclusive of Block 58, City of
Okeechobee. According to the plat Book 2, Page 17, Public Records of St. Lucie
County, Florida. Located at 119-B Northwest 8th Street
According to City Ordinance we are required to notify all property owners within three
hundred (300) feet of the property in question.
If you are unable to attend and wish to discuss this matter, please feel free to call General
Services office at (863)763-3372 extension 217. With best regards, I am
Respectfully,
K�
Jim LaRue,
City F06nning Consultant
JL/bc
Certified Mail #Z 032 939 656
RETURN RECEIPT REQUESTED
55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (941) 763-3372 • Fax: (941) 763-1686
•
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SENDER:
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❑ Complete items 1 and/or 2 for additional services.
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was delivered and the date
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601 N Parrott Avenue
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City of Okeechobee
November 1, 1999
Salry RR C/O CSX Corp.
500 Water Street
Jacksonville, FL 33202
RE: WILLIAM H FREEMAN/NEXTEL
A VARIANCE REQUEST TO ALLOW AN INCREASE OF HEIGHT TO 150 FEET.
Dear Property Owner:
William H. Freeman, Owner/Nextel, Applicant has filed a request for a Variance with the
Board of Adjustments of the City of Okeechobee, Florida. This is to advise you of the PUBLIC
HEARING on this matter will be held before the BOARD OF ADJUSTMENTS of the City of
Okeechobee at 7.00 P.M. on TUESDAY, NOVEMBER 23, 1999.
The Public Hearing will be held at the City Hall Building located at, 55 Southeast 3rd Avenue,
Rm No. 200. Okeechobee, Florida. Granting of this variance request would allow an increase of
height to 150 feet to allow a Monopole with antennas on the following described property:
Legally described as East '/2 of Lots 15 and 16 inclusive of Block 58, City of
Okeechobee. According to the plat Book 2, Page 17, Public Records of St. Lucie
County, Florida. Located at 119-B Northwest 8th Street
According to City Ordinance we are required to notify all property owners within three
hundred (300) feet of the property in question.
If you are unable to attend and wish to discuss this matter, please feel free to call General
Services office at (863)763-3372 extension 217. With best regards, I am
Respectfully,
Jim LaRue,
City q
n ing Consultant
111W1e
Certified Mail #Z 032 939 657
RETURN RECEIPT REQUESTED
55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (941) 763-3372 • Fax: (941) 763-1686
•
SENDER:
I also wish to receive the follow-
❑ Complete items 1 and/or 2 for additional services.
ing services (for an extra fee):
Complete items 3, 4a, and 4b.
❑ Print your name and address on the reverse of this form so that we can return this
card to you.
1. ❑ Addressee's Address
❑ Attach this form to the front of the mailpiece, or on the back if space does not
permit.
2• ❑ Restricted Delivery
❑ Write "Return Receipt Requested" on the mailpiece below the article number.
❑ The Return Receipt will show to whom the article was delivered and the date
delivered.
3. Article Addressed to:
4a. Article Number
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Salry RR C/O CSX Corp.
4b. Service Type
500 Water Street
❑ Registered oK Certified
Jacksonville, FL 33202
❑ Express Mail ❑ Insured
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7. Date 7ff elivery
/iffrrequested
5. Received By: (Print Name)
8. Addressee's Address (Only and
fee is paid)
6. ig t e (Adore
Addoree see or A t)
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City of Okeechobee
United Feed CO-OP Inc.
Box 485
Okeechobee, FL 34973
November 1, 1999
RE: WILLIAM H FREEMAN/NEXTEL
A VARIANCE REQUEST TO ALLOW AN INCREASE OF HEIGHT TO 150 FEET.
Dear Property Owner:
William H. Freeman, Owner/Nextel, Applicant has filed a request for a Variance with the
Board of Adjustments of the City of Okeechobee, Florida. This is to advise you of the PUBLIC
HEARING on this matter will be held before the BOARD OF ADJUSTMENTS of the City of
Okeechobee at 7.00 P.M. on TUESDAY, NOVEMBER 23, 1999.
The Public Hearing will be held at the City Hall Building located at, 55 Southeast 3rd Avenue,
Rm No. 200. Okeechobee, Florida. Granting of this variance request would allow an increase of
height to 150 feet to allow a Monopole with antennas on the following described property:
Legally described as East 1/2 of Lots 15 and 16 inclusive of Block 58, City of
Okeechobee. According to the plat Book 2, Page 17, Public Records of St. Lucie
County, Florida. Located at 119-B Northwest 8th Street
According to City Ordinance we are required to notify all property owners within three
hundred (300) feet of the property in question.
If you are unable to attend and wish to discuss this matter, please feel free to call General
Services office at (863)763-3372 extension 217. With best regards, I am
Respectfully,
Jim LaRue,
City PI ening Consultant
J L/bc
Certified Mail #Z 032 939 658
RETURN RECEIPT REQUESTED
55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (941) 763-3372 • Fax: (941) 763-1686
•
•
a SENDER:
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November 1, 1999
Michael & Angela Armstrong
7074 SW 9th Street
Okeechobee, FL 34974
RE: WILLIAM H FREEMAN/NEXTEL
A VARIANCE REQUEST TO ALLOW AN INCREASE OF HEIGHT TO 150 FEET.
Dear Property Owner:
William H. Freeman, Owner/Nextel, Applicant has filed a request for a Variance with the
Board of Adjustments of the City of Okeechobee, Florida. This is to advise you of the PUBLIC
HEARING on this matter will be held before the BOARD OF ADJUSTMENTS of the City of
Okeechobee at 7.00 P.M. on TUESDAY, NOVEMBER 23, 1999.
The Public Hearing will be held at the City Hall Building located at, 55 Southeast 3rd Avenue,
Rm No. 200. Okeechobee, Florida. Granting of this variance request would allow an increase of
height to 150 feet to allow a Monopole with antennas on the following described property:
Legally described as East '/2 of Lots 15 and 16 inclusive of Block 58, City of
Okeechobee. According to the plat Book 2, Page 17, Public Records of St. Lucie
County, Florida. Located at 119-B Northwest 8th Street
According to City Ordinance we are required to notify all property owners within three
hundred (300) feet of the property in question.
If you are unable to attend and wish to discuss this matter, please feel free to call General
Services office at (863)763-3372 extension 217. With best regards, I am
Respectfully,
''
Jim LaRue,
City Pla ing Consultant
JL/bc
Certified Mail #Z 032 939 659
RETURN RECEIPT REQUESTED
55 S.E. Third Avenue - Okeechobee, Florida 34974-2932 - (941) 763-3372 - Fax: (941) 763-1686
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02595-99-B-0223 Domestic Return Receipt
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Cityof Okeechobee
Paul Ayers Utilities
P.O. Box 421056
Summerland Key, FL 33042
November 1, 1999
RE: WILLIAM H FREEMAN/NEXTEL
A VARIANCE REQUEST TO ALLOW AN INCREASE OF HEIGHT TO 150 FEET.
Dear Property Owner:
William H. Freeman, Owner/Nextel, Applicant has filed a request for a Variance with the
Board of Adjustments of the City of Okeechobee, Florida. This is to advise you of the PUBLIC
HEARING on this matter will be held before the BOARD OF ADJUSTMENTS of the City of
Okeechobee at 7.00 P.M. on TUESDAY, NOVEMBER 23, 1999.
The Public Headng will be held at the City Hall Building located at, 55 Southeast 3rd Avenue,
Rm No. 200. Okeechobee, Florida. Granting of this variance request would allow an increase of
height to 150 feet to allow a Monopole with antennas on the following described property:
Legally described as East 1/2 of Lots 15 and 16 inclusive of Block 58, City of
Okeechobee. According to the plat Book 2, Page 17, Public Records of St. Lucie
County, Florida. Located at 119-B Northwest 8th Street
According to City Ordinance we are required to notify all property owners within three
hundred (300) feet of the property in question.
If you are unable to attend and wish to discuss this matter, please feel free to call General
Services office at (863)763-3372 extension 217. With best regards, I am
�Fespertfully,
Jim LaRue,
City nniing Consultant
Certified Mail #Z 032 939 660
RETURN RECEIPT REQUESTED
55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (941) 763-3372 • Fax: (941) 763-1686
•
•
SENDER:
❑ Complete items 1 and/or 2 for additional services.
Complete items 3, 4a, and 4b.
❑ Print your name and address on the reverse of this form so that we can return this
card to you.
❑ Attach this form to the front of the mailpiece, or on the back if space does not
permit.
❑ Write 'Return Receipt Requested' on the mailpiece below the article number.
❑ The Return Receipt will show to whom the article was delivered and the date
delivered.
. uuressea to:
Paul Ayers Utilities
P.O. Box 421056
Summerland Key, FL 33042
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City of Okeechobee
Beverly B Martin
Box 373
Elkton, MD 34972
November 1, 1999
RE: WILLIAM H FREEMAN/NEXTEL
A VARIANCE REQUEST TO ALLOW AN INCREASE OF HEIGHT TO 150 FEET.
Dear Property Owner:
William H. Freeman, Owner/Nextel, Applicant has filed a request for a Variance with the
Board of Adjustments of the City of Okeechobee, Florida. This is to advise you of the PUBLIC
HEARING on this matter will be held before the BOARD OF ADJUSTMENTS of the City of
Okeechobee at 7.00 P.M. on TUESDAY, NOVEMBER 23, 1999.
The Public Hearing will be held at the City Hall Building located at, 55 Southeast 3rd Avenue,
Rm No. 200. Okeechobee, Florida. Granting of this variance request would allow an increase of
height to 150 feet to allow a Monopole with antennas on the following described property:
Legally described as East '/Z of Lots 15 and 16 inclusive of Block 58, City of
Okeechobee. According to the plat Book 2, Page 17, Public Records of St. Lucie
County, Florida. Located at 119-B Northwest 8th Street
According to City Ordinance we are required to notify all property owners within three
hundred (300) feet of the property in question.
If you are unable to attend and wish to discuss this matter, please feel free to call General
Services office at (863)763-3372 extension 217. With best regards, I am
Respectfully,
Jim LaRue,
City anning Consultant
JL/bc
Certified Mail #Z 032 939 661
RETURN RECEIPT REQUESTED
55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (941) 763-3372 • Fax: (941) 763-1686
PS Form 3800, April 1995
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PS Form 3811, December 1994
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November 1, 1999
Holmes Oil Company Inc.
P.O. Box 1959
Ft. Pierce, FL 34954
RE: WILLIAM H FREEMAN/NEXTEL
A VARIANCE REQUEST TO ALLOW AN INCREASE OF HEIGHT TO 150 FEET.
Dear Property Owner:
William H. Freeman, Owner/Nextel, Applicant has filed a request for a Variance with the
Board of Adjustments of the City of Okeechobee, Florida. This is to advise you of the PUBLIC
HEARING on this matter will be held before the BOARD OF ADJUSTMENTS of the City of
Okeechobee at 7.00 P.M. on TUESDAY, NOVEMBER 23, 1999.
The Public Hearing will be held at the City Hall Building located at, 55 Southeast 3rd Avenue,
Rm No. 200. Okeechobee, Florida. Granting of this variance request would allow an increase of
height to 150 feet to allow a Monopole with antennas on the following described property:
Legally described as East '/z of Lots 15 and 16 inclusive of Block 58, City of
Okeechobee. According to the plat Book 2, Page 17, Public Records of St. Lucie
County, Florida. Located at 119-B Northwest 8th Street
According to City Ordinance we are required to notify all property owners within three
hundred (300) feet of the property in question.
If you are unable to attend and wish to discuss this matter, please feel free to call General
Services office at (863)763-3372 extension 217. With best regards, I am
Respectfully,
Vell Jim LaRue,
City P nning Consultant
J Ubc
Certified Mail #Z 032 939 662
RETURN RECEIPT REQUESTED
55 S.E. Third Avenue - Okeechobee, Florida 34974-2932 - (941) 763-3372 - Fax: (941) 763-1686
•
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PS Form 3800, April 1995
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102595-99-B-o223 Domestic Return Receipt
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November 1, 1999
E.H. & Velma C. Worley
16316 Granada Place
St. Abington VA 24210
RE: WILLIAM H FREEMAN/NEXTEL
A VARIANCE REQUEST TO ALLOW AN INCREASE OF HEIGHT TO 150 FEET.
Dear Property Owner:
William H. Freeman, Owner/Nextel, Applicant has filed a request for a Variance with the
Board of Adjustments of the City of Okeechobee, Florida. This is to advise you of the PUBLIC
HEARING on this matter will be held before the BOARD OF ADJUSTMENTS of the City of
Okeechobee at 7.00 P.M. on TUESDAY, NOVEMBER 23, 1999.
The Public Hearing will be held at the City Hall Building located at, 55 Southeast 3rd Avenue,
Rm No. 200. Okeechobee, Florida. Granting of this variance request would allow an increase of
height to 150 feet to allow a Monopole with antennas on the following described property:
Legally described as East'/2 of Lots 15 and 16 inclusive of Block 58, City of
Okeechobee. According to the plat Book 2, Page 17, Public Records of St. Lucie
County, Florida. Located at 119-B Northwest 8th Street
According to City Ordinance we are required to notify all property owners within three
hundred (300) feet of the property in question.
If you are unable to attend and wish to discuss this matter, please feel free to call General
Services office at (863)763-3372 extension 217. With best regards, I am
Respectfully,
LaRue,
City PIeJim
Consultant
91ri:M
Certified Mail #Z 032 939 663
RETURN RECEIPT REQUESTED
55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (941) 763-3372 • Fax: (941) 763-1686
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Ronald L Trent
2322 SE 33rd Street
Okeechobee, FL 34974
November 1, 1999
RE: WILLIAM H FREEMAN/NEXTEL
A VARIANCE REQUEST TO ALLOW AN INCREASE OF HEIGHT TO 150 FEET.
Dear Property Owner:
William H. Freeman, Owner/Nextel, Applicant has filed a request for a Variance with the
Board of Adjustments of the City of Okeechobee, Florida. This is to advise you of the PUBLIC
HEARING on this matter will be held before the BOARD OF ADJUSTMENTS of the City of
Okeechobee at 7.00 P.M. on TUESDAY, NOVEMBER 23, 1999.
The Public Hearing will be held at the City Hall Building located at, 55 Southeast 3rd Avenue,
Rm No. 200. Okeechobee, Florida. Granting of this variance request would allow an increase of
height to 150 feet to allow a Monopole with antennas on the following described property:
Legally described as East'/Z of Lots 15 and 16 inclusive of Block 58, City of
Okeechobee. According to the plat Book 2, Page 17, Public Records of St. Lucie
County, Florida. Located at 119-B Northwest 8th Street
According to City Ordinance we are required to notify all property owners within three
hundred (300) feet of the property in question.
If you are unable to attend and wish to discuss this matter, please feel free to call General
Services office at (863)763-3372 extension 217. With best regards, I am
Respectfully,
Cc- �4'a c,
Jim LaRue,
City ning Consultant
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Certified Mail #Z 032 939 664
RETURN RECEIPT REQUESTED
55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (941) 763-3372 • Fax: (941) 763-1686
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Ronald L Trent
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2322 SE 33rd Street
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11 �u r 1, uecember 1994 102595-99-B-0223 Domestic Return Receipt
City of Okeechobee
November 1, 1999
Ellis & Rita Haydon
2419 SE 27th Street
Okeechobee, FL 34974
RE: WILLIAM H FREEMAN/NEXTEL
A VARIANCE REQUEST TO ALLOW AN INCREASE OF HEIGHT TO 150 FEET.
Dear Property Owner:
William H. Freeman, Owner/Nextel, Applicant has filed a request for a Variance with the
Board of Adjustments of the City of Okeechobee, Florida. This is to advise you of the PUBLIC
HEARING on this matter will be held before the BOARD OF ADJUSTMENTS of the City of
Okeechobee at 7.00 P.M. on TUESDAY, NOVEMBER 23, 1999.
The Public Hearing will be held at the City Hall Building located at, 55 Southeast 3rd Avenue,
Rm No. 200. Okeechobee, Florida. Granting of this variance request would allow an increase of
height to 150 feet to allow a Monopole with antennas on the following described property:
Legally described as East '/z of Lots 15 and 16 inclusive of Block 58, City of
Okeechobee. According to the plat Book 2, Page 17, Public Records of St. Lucie
County, Florida. Located at 119-B Northwest 8th Street
According to City Ordinance we are required to notify all property owners within three
hundred (300) feet of the property in question.
If you are unable to attend and wish to discuss this matter, please feel free to call General
Services office at (863)763-3372 extension 217. With best regards, I am
Respectfully,
Jim LaRue,
City P r
Consultant
J Ubc
Certified Mail #Z 032 939 665
RETURN RECEIPT REQUESTED
55 S.F. Third Avenue • Okeechobee, Florida 34974-2932 • (941) 763-3372 • Fax: (941) 763-1686
Z 0Z2 939 .65
US Postal Service
Receipt for Certified Mail
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SENDER:
I also wish to receive the follow-
'y ❑ Complete items 1 and/or 2 for additional services.
ing services (for an extra fee):
a) Complete items 3, 4a, and 4b.
❑ Print your name and address on the reverse of this form so that we can return this
ar card to you.
1 ❑ Addressee's Address
d❑ Attach this form to the front of the mailpiece, or on the back if space does not
2 El Restricted Delivery
d permit.
t ❑ Write 'Return Receipt Requested' on the mailpiece below the article number.
❑ The Return Receipt will show to whom the article was delivered and the date
0 delivered.
3. Article Addressed to:
4a. Article Number
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Ellis & Rita Haydon
4b. Service Type
2419 SE 27th Street
❑Registered
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❑ Express Mail
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Okeechobee, FL 34974
❑ Return Receipt for Merchandise
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5. Received By: (Print Name)
8. Addressee's Address (Only if requested and
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PS Form 3811, December 1994
102595-99-B o223
Domestic Return Receipt
Street
•
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facsimile
TRANSMITTAL
to: Okeechobee News - Legal Ad Department
fax #: 763-5901
re: Board of Adjustment Hearing Notice
date: 10/29/99
pages: 2, including this sheet.
Please publish the following advertisement as a Legal on FRIDAY, 11/05/99 AND MONDAY
11/15/99. Proof of publication requested. Attached is our purchase requisition #
NOTICE OF CONSIDERATION OF A VARIANCE
NOTICE: A PUBLIC HEARING will be held before the Board of Adjustments and Appeals of the
City of Okeechobee, Florida on Tuesday, November 23, 1999 at 7:00 p.m. at City Hall, 55 SE
3rd Avenue, Room 200, Okeechobee, Florida, to consider a variance to allow an increase height
from 100' to 150' in an Industrial Zoning District . The property owner is William H. Freeman and
the applicant is Nextel Communications. The property is located at 119-13 Northwest Eight Street
and is legally described as: East % of lots 15 & 16 inclusive of Block 58, City of Okeechobee,
according to the plat thereof recorded in Plat book 2, page 17, Public Records of St. Lucie
County,
ALL INTERESTED PARITIES SHALL HAVE THE OPPORTUNITY TO BE HEARD AT THIS
PUBLIC HEARING. Any person deciding to appeal any decision by the Board of Adjustments and
Appeals with respect to any matter considered at this hearing will need to ensure that a verbatim
record of the proceedings is made and that the record includes the testimony and evidence upon
which the appeal will be based. General Services Department tapes are for the sole purpose of
backup for official records of the department.
In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26,
persons with disabilities needing special accommodation to participate in this proceeding should
contact Bea Castorina no later than two (2) working days prior to the proceeding at 863)763-
3372; if you are hearing or voice impaired, call TDD 941)534-7777, or Florida Relay Service
1800-955-9770
Robert J. Bradshaw, Zoning Administrator
THE CITY OF OKEECHOBEE gives NOTICE that it shall hold a public hearing before
the Board of Adjustments and Appeals on Tuesday, November 23, 1999 commencing
at 7.00 p.m., at City Hall, 55 SE 3rd Avenue, Room 200, Okeechobee, Florida, to
consider a Variance to allow an increase of height from 100' to 150' in an Industrial
Zoning District located at 119-B NW 8t" Street. The property owner is William H.
Freeman and applicant Nextel Communications
Legal Description: East 1/2 of lots 15 & 16 inclusive of Block 58, City of Okeechobee,
according to the plat thereof recorded in Plat book 2, page 17, Public Records of St. Lucie
County,
ALL INTERESTED PARITIES SHALL HAVE THE OPPORTUNITY TO BE HEARD
AT THIS PUBLIC HEARING.
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any
decision made by the Board of Adjustment with respect to any matter considered at this
hearing, such interested person will need a record of the proceedings, and for such
purpose may need to ensure a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based.
In accordance with the Americans with Disabilities Act (ADA) and Florida Statute
286.26, persons with disabilities needing special accommodation to participate in this
proceeding should contact Bea Castorina no later than two (2) working days prior to the
proceeding at 941)763-3372; if you are hearing or voice impaired, call TDD 941)534-
7777, or Florida Relay Service 1800-955-9770
ROBERT BRADSHAW, ZONING ADMINISTRATOR
Notice
PROPOSED SETBACK VARIANCE
A PUBLIC HEARING WILL BE HELD REGARDING
A PROPOSED VARIANCE FOR
THIS PROPERTY
PETITION NO:
PROPERTY OWNER:
CHANGE IN SETBACK FROM:
CHANGE TO:
PUBLIC HEARING:
99-004V
WILIAM H. FREEMAN/NEXTEL
100' IN HEIGHT
150' IN HEIGHT
NOVEMBER 23, 1999 AT 7:00 PM
FOR FURTHER INFORMATION CONTACT
GENERAL SERVICES
CITY OF OKEECHOBEE
55 SE 311tD AVENUE
OKEECHOBEE, FL 34974
863/763-3372
•
MEMO
To: KAREN TAYLOR d/b/a/ Signs in a Day
From: BEATRICE CASTORINA
Subject: Sign for WILLIAM H FREEMAN/NEXTEL
Date: NOVEMBER 2, 1999
Fax No. 763-0159
Karen Please make a signs for WILLIAM H FREEMAN/NEXTEL. We need it by
NOVEMBER 5, 1999 in order for them to get it posted for the 15 days. The signs should be the
same as before. Thank you for taking care of this. if you have any questions, let me know. 763-
3372
ti O KEFCy0
n
L11�I\T...�.111L
1�711
KAREN TAYLOR
TO: SIGNS IN A DAY
10 VOUCHER
CITY OF OKEECHOBEE
55 S.E. THIRD AVENUE
OKEECHOBEE, FLORIDA 34974-2932
941-763-3372
Date: 11-22-99
�I
ACCT. NUMBER
QUANTITY
UNIT
DESCRIPTION
UNIT
AMOUNT
1
1
ROM FEDERAL
EXCISE
Invoice #6774-FREEMAN/NEXTEL
ADD TRANSPORTATION
25.00
CITY OF OKEECHOBEE IS EXEMPT F
TAXES ADD STATE SALES TAY, DO NOT INCLUDE THESE TAXES IN YOUR INVOICE.
EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUEST.
STATE SALES TAX EXEMPTION NO. 57-03-004145-54C
FEDERAL I.D. NO.59-6000-393.
111 ' • 'fir 0 ' -If
PARTIAL 0 FINAL 0
KAREN TAYLOR N° 6774
d/b/a Signs In A Day
909 S. Parrott Ave. • Suite #3K
Okeechobee, FL 34974
(941) 763-3799 FAX (941) 763-0159
Customer's
Order No. Date '
Name
Address
SOLD BY
QUAN.
CASH C.O.D. CHARGE ON ACCT. MDSE. RETD.
DESCRIPTION
PAID OUT
PRICE
AMOUNT
aZJ
All claims and returned goods M T be accogiqanwd by this bill.
TAX
Recwivari by
TOTAL
-�
•
•
•
•
Memo
To: LARUE PLANNING MANAGEMENT SERVICES, INC
From: BEATRICE CASTORINA
Subject: VARIANCE FORNEXTELBILL FREEMAN
Date: October 27, 1999
PETITION NO. 99-004 V
FAX NO: 941-334-6384
I AM SENDING A VARIANCE APPLICATION FOR YOUR REVIEW. ENCLOSED
YOU WILL FIND THE RECEIPT OF PAYMENT; UNIFORM LAND USE APPLICATION;
LEASE AGREEMENT;LETTER OF INTENT; NAME AND ADDRESS OF SURROUNDING
PROPERTY OWNERS; PARCEL NO. THE SURVEY AND MAPS.
THE MEETING FOR THIS VARIANCE IS NOVEMBER 23, 1999.
IF YOU NEED ANYTHING ELSE, PLEASE LET ME KNOW.
THANK YOU
CITY OF OKEECHOBEE, FLORIDA
5540. 3rd Avenue, Okeechobee, FL 34974-2
J (941) 763-3372
RECEIVED from
h
w
CLERK
100
Dollars