03/22/2005
CITY OF OKEECHOBEE
DESIGN REVIEW BOARD MARCH 22, 2005
SUMMARY OF BOARD ACTION
I. CALL TO ORDER - Chairperson.
Design Review Board, March 22,2005, 7:45 p.m. Chairperson Ledferd called the March 22,2005 Design Review Board meeting to order at 8:28
p.m.
.1. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Board Secretary Cook called the roll:
Chairperson Bill Ledferd Present .
Vice-Chairperson Dawn Hoover Present
Board Member Daniel Creech Present
Board Member Kenneth Keller Present
Board Member Thomas Keller Present
Board Member Christopher Mavroides Absent - with consent
Board Member Douglas McCoy Present -,
Alternate Sandra Jones Present - Serving as voting member.
Alternate Devin Maxwell Present
Attorney John R. Cook Present
Secretary Katrina Cook Present
. .
, .
A. Okeechobee Commerce Center, LLC, Robert Meyer is the owner and John Cook, City Attorney/Interim City Administrator, briefly described that primarily the historical
applicant regarding the following requests: area downtown and the Industrial Park will be the areas that will be considered by the Design
Review Board. He continued by explaining that as the lots are developed within the Industrial Park
the board may need to review them, this will be handled on a case by case basis.
1. Request permission for outdoor storage of materials. Mr. Cook explained that Robert Meyer, Okeechobee Commerce Center, LLC, is the property
owner and has recently constructed a large warehouse and office building. Mr. Meyer has another
party coming into Okeechobee Commerce Center, LLC which will create several new jobs for the
community and will also create the need for outdoor storage of materials which is not permitted
under the deed restrictions. Mr. Cook explained that the owner needs approval from the Design
Review Board prior the storing of materials outdoors.
IV. NEW BUSINESS, continued.
1. Request permission for outdoor storage of materials, continued. Mr. Cook explained that the proposed materials to be stored outdoors are composite concrete,
concrete forms and molds, as well as semi trucks. He also explained that the Board can include
in their motion the requirement to place screening around the storage area to protect it from view
from the surrounding property owners and the roadway.
Board Member Creech questioned Mr. Cook whether Okeechobee Commerce Center, LLC already
had an area where they are storing outdoor materials.
. Mr. Cook explained that they do have a facility over in Stuart where they store materials outdoors.
Mr. Cook reminded the Board Members that this property is in an Industrial Park and that outdoor
storage is expected, however it can also be kept from becoming an eyesore with the recommended
screemng.
Board Member Hoover motioned to grant Okeechobee Commerce Center, LLC, permission for the
outdoor storage of materials with the stipulation that the owners remain in compliance with the
Industrial Park's Dèed Restrictions regarding screening the materials from view from the street and
surrounding property owners; seconded by Board Member Creech.
VOTE
JONES - YEA
K. KELLER - YEA
. ELLER - EA
LEDFERD - YEA
MA VROIDES - YEA
McCoy- YEA
MAXWELL - YEA
MOTION CARRIED.
2. Discuss amending deed restrictions regarding the height of structures. John Cook explained that Okeechobee Commerce Center, LLC, is proposing to use silos as storage
on their property. The deed restrictions limit the height of structures to forty-five feet (45), where
the proposed height of the silos is sixty feet (60). Mr. Cook recommends that the Board make a
recommendation to the City Council to amend the deed restrictions to match the Land Develop-
ment Regulations.
March 22, 2005 - Desi n Review Board - Pa e 3 of 3
IV. NEW BUSINESS, continued.
2. Discuss amending deed restrictions regarding the height of structures. Jim LaRue, City Planning Consultant, recommended that a height in excess of forty-five (45)
feet requires a special exception so that it may be considered on a case by case basis.
Board Member McCoy motioned to recommend to the City Council to amend the Industrial
Park Deed Restrictions specifically regarding the height of structures to make them coincide
with the Land Development Regulations; seconded by Board Member Keller.
. VOTE
JONES - YEA
K.KELLER- YEA
T.KELLER- YEA
LEDFERD - YEA
MAVROIDES - YEA
McCoy- YEA
MAXWELL - YEA 11:'
~'
MOTION CARRIED. Lf'.)
~
V. ADJOURNMENT - Chairperson. There being no further items on the agenda, Chairperson William Ledferd adjourned the Design
Review Board meeting at 8:48 p.m.
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 nee 0 ensure aver atIm recor 0 e procee mgs IS made, which record includes the testimony and evidence upon
which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of e Department.
'\ .
V_I~
William Ledferd, C
ATTEST:
~ÞJ\ 1Xl£l , C DnL'
Katrina Cook, Secretary
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fM CITY OF OKEECHOBEE
I: ",'I' ~~
~.~J DESIGN REVIEW BOARD MEETING MARCH 22, 2005
OFFICIAL AGENDA
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PAGE 1 OF 1
I. CALL TO ORDER: Design Review Board, March 22, 2005, 7:45 p.m. - Chairperson.
. II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary.
Chairperson William Ledferd
Vice-Chairperson Dawn Hoover
Board Member Daniel Creech
Board Member Kenneth Keller
Board Member Thomas Keller
Board Member Christopher Mavroides
Board Member Douglas McCoy
Alternate Sandra Jones
Alternate Devin Maxwell
Attorney John R. Cook
Secretary Katrina Cook
Ie III. NEW BUSINESS - City Attorney/Interim City Administrator, John Cook.
A. Okeechobee Commerce Center, LLC, Robert Meyer is the owner and applicant regarding the following requests:
1. Request permission for outdoor storage of materials.
2. Discuss amending deed restrictions regarding the height of structures.
V. ADJOURNMENT - Chairperson.
PLEASE TAKE "'I'OTICE AND BE ADVISED that if any person desires to appeal any decision made by the Design Review Board 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. Tapes are for the sole purpose of backup for official records ofthe Department of General Services.
·
PAGE -1-
CITY OF OKEECHOBEE - MARCH 22, 2005 -
DESIGN REVIEW BOARD· HANDWRITTEN MINUTES
S>. J~
II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE· Secreta .
Absent
Chairperson William Ledferd
Vice-Chairperson Dawn Hoover
Board Member Daniel Creech J
Board Member Kenneth Keller J
Board Member Thomas Keller
Board Member Christopher Mavroides
Board Member Douglas McCoy
\/C)17 V'C1
Alternate Sandra Jones ~ yY\ e\'V'-1.¿¡;c v
Alternate Devin Maxwell
Attorney John R. Cook
Secretary Katrina Cook
.
PAGE -2-
III. New Business· City Attorney.
A. Okeechobee Commerce Center, LLC, Robert Meyer is the ower and applicant regarding
the following requests:
1. Request permission for outdoor storage of materials.
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PAGE -3-
2. Discuss amending deed restrictions regarding the hei ht of structures.
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PAGE -4-
V. ADJOURNMENT· Chairperson Ledferd at ~. ~S p.m.
· 111111 111111111111111111111111111111111111111111111
FILE ~ 2004008481 OR BK 00530 PG 1952 DATE: 05/07/2004 04:25:08 PM
SHARON ROBERTSON, CLERK OF CI :CUIT COURT OKEECHOBEE COUNTY, FL
RECORDING FEES 96.00 RECORDED BY M Anuez
DECLARATION
of
Protective Covenants, Restrictions, Reservatio ,
Servitudes and Easements
Affecting
OKEECHOBEE COMMERCE CENTER
THIS DECLARATION is made by City Council City ofOkeechob , Florida, (hereinafter referred
to as "Declarant").
WITNESSETH:
WHEREAS, Declarant is the owner of certain real property located at OKEECHOBEE
COMMERCE CENTER in the City ofOkeechobee, State of Florida, and
WHEREAS, the real property is more particularly described by the pI t thereof; incorporated herein,
as recorded at Plat Book 7, Pages 10 - 14, Public Records Okeechobee Coun , Florida.
WHEREAS, Declarant is desirous of subjecting certain real prop to the protective covenants,
restrictions, reservations, servitudes, and easements hereinafter set forth, eac and all of which is and are for
the benefit of said property and of each present and future tenants thereof, or y part thereof.
WHEREAS, the purpose of these Covenants and Restrictions is to stablish uniform standards of
development quality for Light Industrial, Commercial, Research, and Office P k~ownasOKEECHOBEE
COMMERCE CENTER.
NOW THEREFORE, Declarant does declare that certain real prop be subject to the covenants,
restrictions, reservations, servitudes and easements hereinafter set forth as fo lows:
PARAGRAPH I.
Definitions, Property Rights, Covenants for Maintaining sessments,
Maintenance and Repairs, Architectural Contro , and
Application of Environmental Protection
I. DEFINITIONS
The following words, when used in this Declaration shall have the fì llowing meaning:
A. Industrial Park shall mean the "OKEECHOBEE COMME CE CENTER". Industrial Park
shall initially consist of those lots as indicated on the plat a ached as exhibit "A"; which
Industrial Park may be expanded by the addition of one r more similar tracts of lands
("Additions") which may be developed by the Okeechobee Ci Council, as more particularly
provided in this section.
Page 1 of 21
· .K 00530 PG 1953
1. Each Addition shall be contiguous to either the ini al platted parcels, or a prior
Addition to Industrial Park. As used herein, the term 'contiguous" shall be used to
describe two properties which have a common boun line or which are separated
by one or a combination of streets, roads, highways, idewalks, paths, alleyways or
other thoroughfares, together with medians and other dividers.
2. Each Addition shall have a name which ineludes the name "OKEECHOBEE
COMMERCE CENTER", and additional words w ch distinguish the Addition to
Industrial Park from the initial platted park and the 0 Additions to Industrial Park
such as "First Addition""Second Addition", etc..
3. The Declaration of Covenants and Restrictions with espect to the Addition shall be
in substance substantially the same as the Declara . on with respect to the Initial
platted park, unless approved by the Okeechobee ity Council. As used in this
Declaration the terms "Plat" and "Declaration" shall elude not only the original of
a Plat or Declaration, but also any and all amendm ts thereto.
B. Common Area shall mean and refer to all real and/or per onal property which the City
Council City ofOkeechobee, Florida own and will for the co on use and enjoyment of the
grantees, tenants, or lessees ofOKEECHOBEE COMMERC CENTER. and all real and/or
personal property within or in the vicinity of the Initial pI ed park in which the City of
Okeechobee has an interest for the common use and enjo t of the grantees, tenants, or
lessees ofOKEECHOBEE COMMERCE CENTER. inclu . g without limitation, a right of
use (such as, but not limited to, easements for surface water c llection and retention). The use
of the Common Area shall be restricted to park landscape, en features, directional graphic
system, drainage, landscape medians, security, safety, ped anlbicycle paths, roads, project
lighting and recreational purposes or any other use to w h a majority of the grantees,
tenants, or lessees of the OKEECHOBEE COMMERCE CE TER may accede, but shall not
include any lots owned by the City of Okeechobee that r in unsold or not leased to any
grantee, tenant or lessee.
C. Lot shall mean and refer to any parcel of the Property in the ·tial platted park, together with
any and all improvements thereon, and identified as such on e Plat, on which and industrial,
office or other structure according to the terms of this D laration could be constructed
whether or not one has been constructed, and shall include y "combination lot" described
herein.
D. Initial platted park or Property shall mean and refer to all pr perties which are subject to this
Declaration, more specifically described in Exhibif'A".
II. PROPERTY RIGHTS
Every grantee, tenant, or lessee shall be subject to these res ctions, as well as each assignee
or successor in interest of such grantee, tenant, or lessee. Every gran ee, tenant or lessee shall have a
right and easement of enjoyment in and to the Common Area which all be appurtenant to and shall
pass with the title of portions of the Property, subject to the follow' g:
Page 2 of 21
· 00530 F'G 1954-
A. Rules and regulations governing use and enjoyment of the Co on Area adopted by the City;
and which may be amended from time to time upon reasonable notice to each owner or lessee.
and
B. Restrictions contained on any and all plats of all or any part of the Common Area or filed
separately with respect to all or any part of parts of the Prop
C. In the event the owner of a parcel( s) within the industrial par designated as such on the
records of the Clerk of Court Okeechobee County, Florida el ts or should sell or transfer the
parcel( s) by deed to another person or entity, including all im rovements thereon, said owner
shall, prior to consummating such sale or transfer, fIrst no the City of Okeechobee of its
intent to so sell or transfer the property, and the City of Ok hobee is herein granted right
of fIrst refusal to purchase the parcel and all improvements th eon. The owner shall produce
a contract for sale and purchase which it has negotiated wit a buyer in good faith and in
which the total purchase price is set forth for the land and all provements thereon, and any
other particulars of the proposed sale. The city reserves the . ght to inquire into the validity
and arms-length dealing in the contract for sale, and shall not' owner within thirty (30) days
as to whether it intends to enter into a written agreement wi owner to exercise its right of
first refusal and purchase the property. If such right is not ex cised by the city, the owner is
free to proceed with the sale to its proposed buyer, said sale s bject to these deed restrictions
and other applicable local, state or federal regulations.
D. Regardless of the city's right of first refusal to purchase, th sale, assignment or lease of a
parcel, or a parcel and business located thereon in the indus ial park is further fIrst subject
to review and approval by the City of Okeechobee, to dete ine the nature of the business
proposed at the site. Such approval shall not be unreasonabl withheld and its purpose is to
assure compliance with these deed restrictions, and to ensure e creation of jobs, promote the
economic vitality of the city, and to comply with all applicab e state or federal grant funding
requirements. Every owner, tenant or lessee of a parcel in th industrial park shall notify the
City of Okeechobee in writing at least sixty (60) days pri r to a proposed sale, lease, or
assignment of a parcel or a parcel and business located ther n for investigation under this
part and approval by the city. The city reserves the righ under this section to compel
assurances of compliance with these restrictions herein b existing or proposed owners,
tenants or lessees.
E. No owner, tenant, employee, agent of an owner or tenant ·thin the industrial park shall
conduct the business or enterprise thereon in a manner to dis riminate against any person or
entity on account of race, religion, national origin or ethnici
III. COVENANTS FOR MAINTAINING ASSESSMENTS
A. Creation of the Lien and Personal Obligation of Assessment . Each tenant, grantee, or lessee
of any portion of the Property from time to time constituting a Lot, as said term is hereinabove
defmed (by acceptance of a lease for such portion of the Pro erty, whether or not it shall be
so expressed in any lease or other conveyance) including an purchaser at a judicial sale or
other successor in interest, shall be deemed to covenant and a ee to pay to the city any annual
assessments or other charges, and any special assessmen to be fIXed, established, and
collected from time to time as hereinafter provided. All s ch assessments, together with
interest thereon from the due date at the maximum rate IIowable by law and costs of
collection thereof (including reasonable attorney's fees), shal be a charge on the Lot and shall
Page 3 of 21
. K 00530 PG 1955
be a continuing lien upon the Lot(s) against which each such assessment is made, and shall
also be the personal obligation of the tenant, grantee, or less . No tenant, grantee, or lessee
may waive or otherwise escape liability for the assessment pr vided for herein by non-use of
the Common Area or by abandonment. No portion of any Pro erty which does not constitute
a Lot as that term is defined herein will be liable for any ann I or special assessment under
this section.
B. Purpose of Assessments. The annual and special assessments levied by the city shall be used
exclusively for the purpose of promoting the health, safi , security, and welfare of the
tenants, grantees, or lessees of Lots included in the OKEECH BEE COMMERCE CENTER
(the Initial platted park and Additions) and in particul r for the improvements and
maintenance of the Common Areas of the OKEECHOBEE OMMERCE CENTER and of
any easement in favor of the city, including, but not limited t , the cost of, labor, materials,
maintenance, and supervision thereof, for the purpose of aintaining or improving the
entrance-way and signage of the OKEECHOBEE CO:MMER E CENTER, for planting trees
and shrubbery and the care thereof within a public ri t-of-way, for improving and
maintaining the entrance sign and landscaping, for routine ma tenance of the drainage/swale
system, for regular maintenance/mowing of vacant property and rights of way, maintaining
lighting, as well as for such other purposes as are permissible ctivities of, and undertaken by,
the City of Okeechobee; excluding however suchmainte ce as would be considered a
capital improvement or major repair.
C. Special Assessments for Capital Improvements and Major R 'Pairs. In addition to any annual
assessments, the city of Okeechobee may levy in any assess ent year a special assessment,
applicable to that year only, for the purpose of defraying in hole or in part, the cost of any
construction, reconstruction, unexpected repair or replacem t of a capital improvement as
approved by the City Council City of Okeechobee, Florida, eluding the necessary fIXtures
and personal property related thereto, so long as such asses mente s) are a benefit to the lot
owner, tenant or lessee, and further provided that any such sessment shall have the assent
of two-thirds (2/3) of the tenants, grantees, or lessees. C pital improvements and major
repairs shall include but may not be limited to paving or re-s acing the streets and rights of
way; e:rtension or repair of wastewater lines; extension or r air of the railway spur into the
park; repair or replacement of the bridge entering the park oss Taylor Creek; creating or
improvement of drainage swales, ponds or ditches.
D. Duties of the Olœechobee City Council. The City Council C ty ofOkeechobee, Florida shall
fIX the date of commencement, and the amount of the assess t against each tenant, grantee,
or lessee for each assessment period at least thirty (30) days' advance of such date or period
and shall, at that time, prepare a roster of the Lots and asses ments applicable thereto which
shall be kept in the office of the Clerk of Court and shall be pen to inspection by any tenant,
grantee, or lessee. Written notice of the assessment shall be sent to every tenant, grantee, or
lessee subject thereto not later than seven (7) days after fi . g the date of commencement
thereof..
The amount(s) assessed for routine maintenance and repair or for capital improvements or
major repairs, shall be the pro-rata expense of the total cost such installation, maintenance
or repair, divided by the total acreage owned or occupied y a particular owner, tenant or
lessee; i.e. if the entire acreage available for occupancy is 66 acres, and if the cost of the
assessment is $500.00, and 6.4 acres is owned or occupi the obligation of an owner,
tenant or lessee shall be that sum divided by the total a ailable acreage, and that sum
multiplied by the 6.4 acres owned or occupied, then the 0 , tenant or lessee would in this
Page 4 of 21
. 00530 PG 1956
example be assessed $7.57 per acre times 6.4 acres, equaling n assessment of $48.45. Any
acreage, excluding the common areas, owned by the city, shall e included in the computation
so as to require the city to remain responsible for the amount of the assessment assigned to
its own acreage.
The City shall, upon demand at any time, furnish to any ten t, grantee, or lessee liable for
said assessment, a certificate in writing signed by the Char erson of the Okeechobee City
Council, or their designee, setting forth whether said assessm nt has been paid,
E. Exempt Property. The Okeechobee City Council shall have right to exempt any property
subject to this Declaration from the assessments, charge, or Ii created herein provided that
such part of the Property exempted is used (and as long as it i used) for any of the following
purposes:
1. As an easement or other interest therein dedicated d accepted by the Okeechobee
City Council and devoted to public use;
2. As Common Area as defmed herein;
3. As Property exempted from ad valorem taxation by e laws of the State of Florida,
to the extent permitted by the tax assessor for Ok obee County, Florida.
N. MAINTENANCE AND REPAIRS
A. Tenant, grantee, or lessee will be responsible for the maint ce, repair, and upkeep of the
premises and shall keep the premises, including the fencing, I dscaping, gutters, downspouts,
exterior building surfaces, yard maintenance, and painting in good order and repair. The
landscaping shall be installed and maintained in accordance ·th the Architectural Planning
Criteria, a copy of which can be obtained from the office of e Okeechobee City Clerk. The
city retains the right to enforce such maintenance and repairs y any lawful means, including
code enforcement under ch. 162 Florida Statute; abatement f nuisance; injunction, or other
remedy as permitted by law.
V. ARCHITECTURAL CONTROL
A. Necessity of Architectural Review and Approval. No impro ement or structure of any kind,
including without limitation, any building, fence, wall, sign, s te paving, grading, parking and
building additions, alteration, screen enclosures, sewer, dr . disposal system, decorative
building, landscaping, landscape device or object, or other im rovement shall be commenced,
erected, placed or maintained upon any Lot or the Property, or shall any addition, change or
alteration therein or thereof be made, nor any initial platted p k platting or replatting of any
Lot or Lots, or the Property be made unless and until the pI , specifications, and location
of the same shall have been submitted to and approved in . ting by, the technical review
committee which represents the interests of the Okeechobee C'ty Council in such architectural
control. All plans and specifications shall be evaluated as to armony of external design and
location in relation to surrounding structures and topograph and as to conformance with the
Architectural Planning Criteria ofOKEECHOBEE COMME CE CENTER, a copy of which
may be obtained at the office of the City Clerk.
Page 5 of 21
· 0 00530 PG 1957
B. Architectural Review Board The architectural review and co trol functions of the Association
shall be administered and performed by the technical re iew committee for the City of
Okeechobee. At any time the Okeechobee City Council has the right to appoint members of
the Architectural Review Board. The Okeechobee City Co cil shall appoint at least one (1)
Architect or Building Contractor to the Architectural Revie Board.
C. Powers and Duties of the Architectural Review Board. The chitectural Review Board shall
have the following powers and duties.
1. To recommend :&om time to time, to the Okeecho ee City Council modifications
and/or amendments to the Architectural Planning Criteria. Any modification or
amendment to the Architectural Planning Criteri shall be consistent with the
provisions of this Declaration, and shall not be effi 've until adopted by a majority
of the members of the Okeechobee City Council at a meeting duly called and noticed
and at which a quorum is present and voting and e present and voting. Notice of
any modification or amendment to the Architectura Planning Criteria, including a
verbatim copy of such change or modification, shall be delivered to each member of
the Association; provided that, the delivery to eac member of the Association of
notice and a copy of any modification or amendm t to the Architectural Planing
Criteria shall not constitute a condition precedent t the effectiveness or validity of
such change or modification.
2. To require submission to the Architectural Review oard of one (1) complete set of
all plans and specifications for any improvement or tructure of any kind, including,
without limitation, any building, fence, wall, sign, si e paving, grading, parking and
building additions, alteration, screen enclosure, s wer, drain, disposal system,
decorative building, landscaping, landscape device object, or other improvement,
the construction or placement of which is propos upon any Lot or Property in
Initial platted park, together with a copy of any req ired governmental permits.
3, To approve or disapprove any improvement or s cture of any kind, including,
without limitation, any building, fence, waIl, sign, si e paving, grading, parking and
building additions, alterations, screen enclosure, ewer, drain, disposal system,
decorative building, landscaping, landscape device r object, or other improvement
of change or modification thereto, the constructi n, erection, performance, or
placement of which is proposed upon any Lot or the roperty in the industrial park,
and to approve or disapprove any exterior additio , changes, modifications, or
alterations therein or thereon.
VI. APPLICA nON OF ENVIRONMENTAL PROTECTION
In the recorded plat, there are identified wetlands, designated as enhanc wetland 2; enhanced wetland
3; created wetland 3; enhanced wetland 4; and preserved wetland 5. It is the in ent of the Declarant to provide
stringent protection of these sites in perpetuity, as recognized through a cons ation deed executed in favor
of South Florida Water Management District, or as hereafter modified by the istrict or other state or federal
agency. As such, development within this industrial park, including the entire acreage, with the exception of
the wetlands area shall be strictly regulated to Commercial uses. Special emph is shall be placed on a campus
design with office and appropriate business facilities with a setback of seven -five (75) feet :&om identified
wetlands to protect wetlands integrity. Furthermore, the seventy-five (75) foot setQack shall serve as a buffer
and be maintained in perpetuity as a conservation easement. This conservation sement shall not be disturbed
Page 6 of 21
. OR 00530 PG 1958
or developed as part of the OKEECHOBEE COMMERCE CENTER, unless s bsequently modified between
the City and the appropriate state or federal agency exercising jurisdiction ov the park.
In addition, the plat designates the size and location of lots numbered 6, 3, & 14 at the initial Northern
boundary of the park as set forth on the plat, which lots are within the protected ne for wellheads as described
in the city land development regulations, and which wells are owned by the keechobee Utility Authority.
While the wells are presently capped, and further use is not anticipated, any d velopment on these described
lots shall not permit or use environmentally hazardous substances that may 1 ch into groundwater, and all
development on these lots shall be strictly regulated in the permitting process y the city of Okeechobee, and
as set forth in sections 82-1 to 82-90, code of ordinances, and as hereafter am ded, whose determination of
environmental hazards shall be final, if not otherwise in conflict with state an federal regulatory agencies.
PARAGRAPH II.
Construction Uses Permitted and Prohibited
1. PLANNED INDUSTRIAL, RESEARCH AND DEVELOP:MENT
A. Purpose afRestrictions. The Planned Industrial, Research an Development in the industrial
park is intended to provide lands for the purpose of business d industry which support the
economic base of the City and contribute to its economi growth and self-sufficiency.
Permitted uses are intended to include those businesses and . dustries primarily involved in
the distribution of goods and services outside of the vicini of Okeechobee County. The
nature of uses shall include research, development, and manu acture of products malcing use
of processes of manufacturing not likely to be objectionable 0 neighboring properties. The
development standards of this district are intended to resu t in an open, uncrowded and
attractive appearance through various site design stand ds. To the extent that these
restrictions conflict with, or are more stringent than, city z ning and land use regulations,
these deed restrictions shall take precedence over such ordin ce, but only in the area set out
in exhibit "A", and as hereafter amended or enlarged by add tion.
B. Uses permitted. No building or structure, or part thereof, sh 11 be erected, altered, occupied
or used, or land or water area occupied or used, in whole or' part, for other than one (1) or
more of the following general uses. Unless otherwise speci ed, all uses shall be conducted
entirely within an enclosed building. (The listing of specific uses under the generalized use
categories are intended to be illustrative rather than all inclu ive.)
1. Manufacture of products such as:
· Computer components;
· Robotics;
· Food processing and packaging, including quiculture product processing; I
· Apparel related products;
· Manufacture of ftnish wood products;
· Manufacture of concretelmasonary produ
· Fiberglass/resin/injection molding process
· Furniture, tixtures;
· Assembled paper products;
· Formulation and packaging of drugs, cos ICS, soap;
· Fabricated metal products;
· Light manufacturing or machinery;
Page 7 of 21
. .K 00530 F'G 1959
· Electrical equipment and components;
· Transportation parts and small equipment;
· Electronic systems, components and periph
· Optics;
· Aerospace composites;
· Integrated circuits;
· Ceramics;
· Consumer electronics;
· Manufacturing technology;
· Semi-conductor equipment;
· Image recognition;
· Medical devices.
2. Educational, scientific, industrial, and manufacturin research and development such
as:
· Computer software development;
· Artificial intelligence;
· Medical technology;
· Research and testing laboratory.
3. Warehouse and storage buildings, excluding hazar ous or flammable substances
unless permitted by special exception in industrial z ning category;
4. Corporate or business offices which serve or repres t other specifically permitted
industrially related uses.
5. Sales, rental, and display of the following:
· Construction equipment;
· Machinery;
· Monuments;
· Restaurant, hotel and store supplies, fixtur and equipment;
· Swimming pool supplies;
· Welding equipment and supplies;
· Electronic supplies;
· Medical and dental equipment and supplie
· Photographic equipment and supplies;
· Tires and batteries;
· Sign painting;
· Glass and mirrors.
6. The following services and trade establishments pro ided that they do not offer retail
services on the same premises. Conditional Appr val may be obtained for retail
services per Section C.
· Bookbinding;
· Bakery;
· Cutting or blending of liquor;
· Cheese making;
· Carpet and rug cleaning;
Page 8 of 21
. OR . 00530 PG 1960
· Diaper service;
· Drapery and blind fabrication and service;
· Egg storage, handling, or processing;
· Food catering;
· Glass and mirror shop;
· Hydroponic garden;
· Laundry;
· Linen supply;
· Machinery repair;
· Magazine wholesale agency;
· Motion picture studio;
· Pattern making;
· Printing, publishing, lithography, and engra ving;
· Too~ die, and gauge shop including the use of automatic screw machines;
· Communication - information/data processi Ig;
· Telecommunication;
· Exterminating;
· Janitorial;
· Boat building and repair;
· Plumbing or electrical shop;
· Manufacture of powder blends, potting COlI pounds and plastisols;
· Telephone exchange.
7. The following repair and shop uses:
· Awning and canvas;
· Carpenter and cabinet;
· Contractor shop;
· Locksmith;
· Sharpening and grinding;
· Electronic equipment repair;
· Taxidermist;
· Home appliance repair;
· Upholstering shop;
· Lawn mower and motorcycle repair;
· Furniture repair.
8. Blacksmith and welding.
9. Accessory uses and structures; including temporar: living quarters not exceeding
eight hundred (800) square feet in area and two bed OOIDS, by special exception, as
an accessory to a permitted use.
10. The storage of motor vehicles, recreational vehicl~ , boats, trucks and trailers.
a. Storage of motor vehicles, recreational vet . cles, boats, trucks and trailers
subject to the following cot;lditions.
Page 9 of 21
· .K 00530 PG 1961
(1) New or used motor vehicles, recreatio al vehicles, boats, trucks, and
trailers, placed for storage shall occ y not more than one-half (Y2)
of the lot on which the business is 10 ated.
(2) Any business which permits the sto age of motor vehicles, trucks,
and trailers, recreational vehicles, a boats bearing signs, painted
or otherwise affixed to the vehi es which signs advertise a
franchiser or company name shal store such vehicle within a
completely enclosed building or sha provide a vehicle storage area
as set forth below. All motor vehicl , recreational vehicles, boats,
trucks, or trailers bearing such si must be stored within this
vehicle storage area or in the enclos building.
(3) Vehicular storage areas must be scr ed on all sides providing for
necessary ingress and egress by a so id eight (8) foot high masonry
wall. The landscape area outside th wall shall consist of a two (2)
foot high continuous hedge at the t' e of planting and a tree every
twenty (20) feet with a minimum h ight of twelve (12) feet and a
spread of six (6) feet at planting.
(4) All maintenance, washing, and rep ir must be within the enclosed
area.
11. Crating, packing, distribution, shipping, and soft bottling, including warehouse
and storage;
12. Auto towing subject to the following conditions:
a. Vehicular storage areas must be screened on II sides providing for necessary
ingress and egress by a solid eight (8) foot hi masonry wall. The landscape
area outside the wall shall consist of a two ( ) foot high continuous hedge at
the time of planting and a tree every twenty ( 0) feet with a minimum height
of twelve (12) feet and a spread of six (6) fi t at planting.
13. Commercial transportation business including taxi di patch, and bus and tram depot.
C. Conditional uses. The following uses shall only be conditio ally permitted in the industrial
park subject to the procedures and requirements provided e ewhere in this Declaration and
subject to the availability of sufficient flexibility for comm rcial uses as permitted by the
Comprehensive Plan.
1. All uses listed under Paragraph II, B.(6) which are open to the general public and
offer retail services.
2. Health club and physical fitness facilities.
3. Stores which sell or rent new or used merchandis within an enclosed building,
whether or not sold or rented to the general public.
4. Hotels and motels.
Page 10 of 21
. 00530 F'G 1962
D. Uses prohibited. Except as specifically permitted in this 'vision, the following uses are
expressly proru'bited as either principal or accessory uses:
1. Foundry.
2. Drop forging.
3. Paint or varnish manufacture.
4. Oil compounding or barreling.
5. Die casting.
6. Livery stable, riding academy, or dude ranch.
7. Meat, poultry, fish, or slaughtering of same
8. Manufacture of asphalt, poison, insecticides, and
batteries.
9. No open air storage of bulk materials is allowed. . s prom'bition does not apply to
storage of these materials in a warehouse, or fully losed within a masonry wall at
least six (6) feet in height. Stockpiles cannot be visi Ie.
10. Institution for the housing, care, or treatment of sick, indigent, aged, or minor
persons.
11. Any other residential use other than a permitted ac essory use or use permitted by
special exception.
12. Brewery.
13. Manufacturing or any storage of explosives.
14. Any business which is obnoxious because of dust, d' smoke, fumes, odors, noises,
vibrations, or radioactive wastes.
15. Motor freight terminals.
16. Storage of motor vehicles, recreational vehicles boats, trucks, trailers, farm
equipment and parts thereof that would fit the defmi ion of a "junkyard" as set forth
in chapter 30, code of ordinances for the city of Ok hobee.
E. Height. No building or structure shall be erected or altered 0 a height exceeding forth-five
(45) feet.
F. Setbacks.
1. No building or roofed structure shall be located I s than fifty (50) feet from any
street line nor less than twenty-five (25) feet from ny plot line other than a street
Page 11 of 21
· .K 00530 F'G 1963
line.
2. No more than one-half (Y¿) of the depth of any requir setback area measured from
a street line or plot line may be used for parking and ch parking shall be located on
the half of the required setback furthest from the s eet or front or plot line. The
balance of the setback area shall be landscaped and sed for no other purpose.
3. All required setback areas, except where used fi permitted parking, shall be
landscaped. A required landscaped area shall not be crossed by more than the
minimum of walkways and driveways necessary for access to the building.
4. Signs, light standards, and fences shall be permitt in required setback areas as
hereinafter specified.
G. Fences and walls. All fences and walls shall be constructed f concrete, masonry, or metal.
Metal fences shall be of the open-weave, chain-link type. F ces and walls shall not exceed
ten (10) feet in height. Fences and walls shall not be loeat within any setback area on a
street with the exception that a double frontage plot shall be ermitted to contain fences and
walls in the rear or secondary required setback area when p ovided with a twenty-five (25)
planting area adjacent to the street landscaped in confo ce with this Declaration.
Notwithstanding the above, no fences or walls shall be loeat closer than fifty (50) feet to any
right-of-way of eighty (80) feet or greater in width.
H. Lighting. All necessary exterior lighting on the plot shall be 0 installed or shielded as not to
cause any nuisance to adjoining residential areas.
1. Minimum landscaped open space. Each plot shall provide n less than twenty percent (20%)
of its area in landscaped open space.
J. Storage. There shall be no open outside storage of materials supplies, products, equipment,
implements, motor vehicles, or machinery, unless area u ed for such outside storage is
effectively screened from direct view at ground level from an street or from adjacent property
as set forth herein.
K. Developmental standards. All developed property shall be landscaped, improved and
maintained in full conformity with all applicable requirem s of the land development code.
All improved land shall be well-graded and free from und brush and objectionable plant
growth. The fifty (50) feet closest to any public right-of-wa shall be mowed periodically as
necessary to control natural grass growth. The balance of e site shall be kept free of debris
and shall not be used for storage or disposal of any objects or materials.
All property shall be kept clean and free from rubbish or d bris.
All planted and landscaped areas shall be maintained in a n t, orderly, healthy, growing and
properly trimmed condition.
All buildings and structures shall be kept properly painted, ess finished with color coating,
and protected from deterioration and shall not be permitt to become dilapidated.
All driveways, walkways, parking areas, storage, and loa ing areas of developed property
Page 12 of 21
. 00530 PG 1964
shall be well-graded and surfaced with asphaltic concrete or other equivalent hard., dustless
materials.
All electrical, telephone, gas, or other utility connections, or ensions or re-location thereof
shall be installed underground.
L. Performance standards.
1. No building or structure, or part thereof, shall be er ted., in whole or in part, that is
obnoxious, objectionable, a nuisance or a hazard t adjoining properties, as they
relate to sound., vibrations, odors, glare, radioactive terials, smoke and particulate
matters.
2. Building facades facing roadways shall be design to appear to be the fronts of
buildings. This provision shall apply to comer and uble frontage lots.
M. Noise. Every use shall be so operated as to comply with the m urn performance standards
governing noise described below. Objectionable noises due t intennittence, beat frequency
or shrillness shall be muffied or eliminated so as not to beco e a nuisance to adjacent uses.
Sound levels shall be measured with a sound level meter associated octave band filter
manufactured according to standards prescribed by the Am ican Standards Association.
Along property line abutting a Alo g property line abutting an
Octave in bands residential district between 8:00 Ind ial or Commercial district
in cycles per A.M. and 6:00 P.M. * Maximum Ma . um permitted sound level
second. permitted sound level in decibels. in decibels.
0-75 72 79
75 - 150 67 74
150 - 300 59 66
300 - 600 52 59
600 - 1200 46 53
1200 - 2400 40 47
2400 - 4800 34 41
Over - 4800 32 39
* Permissible sound level between 6:00 P.M. and 8:00 A.M. sha I be decreased by 3 decibels
for each of the Octave bands.
N. Vibration. Every use shall be so operated that ground vibr ion inherently and recurrently
generated is not perceptible, without instruments, at any p int on the property line of the
property on which the use is located.
O. Smo/œ. Every use shall be so operated., as to prevent the emis ion of smoke, from any source
whatever, to a density greater than described as Number I on e Ringlemann Chart, provided
however, that smoke equal to, but not in excess of, that sh de of appearance described as
Number 2 on the Ringlemann Chart may be emitted for a p . ad or periods totaling four (4)
minutes in any thirty (30) minutes. For the purpose of gra ing the density of smoke, the
Ringlemann Chart as published and used by the United Stat Bureau of Mines, and which
is hereby made, by reference, a part of this Declaratio , shall be the standard. All
measurements shall be at the point of emission.
P. Fumes, gases, vapors, dusts and acids. No person shall ca se or allow the escape into the
Page 13 of 21
· 0 .K 00530 PG 1965
open air of such quantities of fumes, gases, vapors, dusts, an acids, in such place or manner
as to cause injury, detriment, or nuisance to the public, or 0 endanger the peace, comfort,
health or safety of the public, or in such manner as to cause 0 have a tendency to cause injury
or damage to business or property.
1. Tests required. Tests may be required by the Build g Department for the purpose
of the abatement of fumes, gases, vapors, dusts, 0 ors, etc., or any other nuisance
which may be present and which may come under the jurisdiction of the Building
Department. Such tests shall be made by the owner r his authorized agent, and they
shall be made in accordance with such procedures a may be accepted by a reputable
and recognized authority such as; American Soci of Testing Materials, U. S.
Bureau of Mines, U. S. Public Health Servic the National Board of Fire
Underwriters, or others. The choice of such auth rity shall rest entirely with the
building department.
Nothing in these rules and regulations regarding t s conducted by and paid for by
the owner or his authorized agents shall be d ed to abridge the rights of the
Building Department to conduct tests of these insta lations on behalf of the County.
Q. Industrial sewage and waste. The use of septic tank syst for discharge of effluent of
every nature shall not be pennitted within the industrial par . Every use shall be so operated
as to prevent the discharge into any stream, lake, or the ound of any liquid, effluent, or
waste which shall be dangerous or discomforting to persons r animals or which will damage
plants or crops beyond the lot lines of the property on whic the use is located, or which by
its nature would be not pennitted by the Okeechobee Utili Authority or its successor in
interest into the solid waste/wastewater/sewerage system.
R. Odors. The emission into the outdoor air of any fume, gas, d st, mist, odor, smoke, or vapor,
or any combination thereof, of a character and in a qu tity as to be detectable by a
considerable number of persons or the public, at any point eyond the property limits of the
premises occupied or used by the person or persons respo ible for the source thereof so as
to interfere with health, repose or safety, or cause severe ann yance or discomfort, or produce
irritation of the upper regulations.
S. No person shall maintain or conduct or cause to be mainta' or conducted, any parking lot
or use any real property for a private roadway unless such r 1 property is covered or treated
with a surface or substance or otherwise maintained in uch a manner as to minimize
atmospheric pollution.
T. Supplemental Development Regulations.
In addition to architectural control requirements as adopted from time to time by the City of
Okeechobee, the following additional standards shall apply
1. Buildings. Buildings constructed on any Lot includ in the initial platted park shall
be a modem design and constructed of modern terials. Exterior walls of each
building shall be fmished with color-coated or paint steel panels, built-up concrete,
or equivalent material such as concrete block with laster or stucco fInish, or brick.
All exterior walls fronting on any street shall be aes etically pleasing, and if concrete
block, shall be given a veneer of either stucco, plast , wood, or similar covering. The
gross area of any buildings located upon any lot sh 11 be consistent with the
Page 14 of 21
. 00530 PG 1966
District within each phase. When the construction f any building, is once begun,
work thereon must be prosecuted diligently and com letOO within a reasonable time.
If for any reason work is discontinued, and there is n t substantial progress towards
completions for a continuous three (3) month period, the Developer, or its heirs and
successors, shall have the right to notify the Okeecho ee City Council of its intention
herein, enter the premises and take such steps as . ght be required to correct an
undesirable appearance.
2. Loading, storage, and outside storage. Each par 1 of the land devoted to site
development shall provide sufficient on-site loading facilities to accommodate site
activities, and all loading movement, including tum- ounds, shall be made off of the
public right-of-way. Loading docks shall be located d screened so as to minimize
their visibility from any street or other right-of-w . Screening of service areas,
loading docks and so forth may consist of any a proved combination of earth
mounding, landscaping, walls and/or fencing. No m terials, supplies or equipment
shall be permitted to remain outside of any buil . g, unless approved by the
Architectural Review Board, in writing, in advance However, tanks, motors, and
special industrial equipment will be permitted to r ain outside of any building as
long as they are screened from the street and SUITO ing property, or in designated
areas approved by the Architectural Review Board. ubbish and garbage facilities
shall be screened so as not to be visible from street or right-of-way. The
maneuvering of trucks and trailers shall be confmed 0 the extent practicable, to the
lot included in the Initial platted park where the truc and trailers have business. To
the extent possible, all loading and unloading of truc and trailers shall be done on
the premises of the lot and not within the streets, nd regular loading areas and
facilities shall be located other than on the street s' e of the buildings and not be
visible from the street to the extent practicable. Bu storage of liquids, including
gasoline, fuel oil, other petroleum products and oth liquids, shall be stored inside
buildings or in underground containers located at a epth and area approved by the
Building Department. All storage shall be in compliance with applicable
governmental laws and regulations.
3. Site jumitW'e. Site furniture and mechanical equipm t visible from a street shall be
considered as landscape elements, and all site furni e, including exterior lighting
fIXtures, shall be subject to the approval of the chitectural Review Board as
elsewhere herein provided.
4. CW'b cuts. It is intended that curb cuts on boundary eets be minimized. Curb cuts
on boundary streets shall be at least one hundred (10 ) feet apart (center spacing), at
least fifty (50) feet from any street intersection, and maximum of twenty-four (24)
feet in width, unless approved by the Architectura Review Board in writing, in
advance. Joint curb cuts may be developed to s e abutting parcels and are
favorably encouraged.
5. Building/mechanical equipment. All mechanical uipment, servicing buildings,
including roof mounted equipment, shall be enclos or screened so as to be an
integral part of the architectural design.
6. Site grading. Site grading shall be subject to the approval of the Architectural
Planning Criteria.
Page 15 of 21
· .K 00530 PG 1967
7. Parking. Parking on the streets in the initial platted p k, or on additions thereto, is
strictly prohibited. All parking within the initial platt park or additions thereto shall
only be in designated and paved parking areas, ac ording to design standards in
effect in the city.
8. Streets. All streets and roads shall be dedicated to th public.
9. Signs and graphics. Signs and sign location within 0 ECHOBEE COMMERCE
CENTER shall be subject to the review of the Archit tural Review Board and shall
conform to the Architectural Planning Criteria and pplicable Land Development
Regulations and City Codes. To minimize any active effects upon building
appearance and landscaping which may result from e erection of signs within the
initial platted park, signs shall be located flush 0 building exterior walls not
perpendicular to the wall surface; lettering may not b larger than four (4) feet high;
flashing signs, scrolling message signs, banners, or 0 er sign not permanently aff1Xed
of any kind are not permitted; and all signs shall c nform to the applicable sign
regulations ofOkeechobee County, Florida as the s e now exists or as the same has
been or may hereafter be amended.
10. Exterior lighting. Exterior lighting is subject to review of the Architectural
Review Board and should be in conformance with the chitectural Planning Criteria
and applicable city land development regulations an codes.
11. Landscaping. All landscaping is subject to the revi of the Architectural Review
Board., and should conform to the Architectural PI g Criteria, and applicable city
land development regulations and codes.
12. Utilities. All electrical and telecommunication tr mission lines within the initial
platted park other than those existing on the date of this Declaration and those
hereafter installed by the Developer shall be install and maintained underground.
The availability of water and wastewater service to e industrial park is subject to
the regulations and requirements of the Okeechobee ility Authority, or its successor
in interest.
13. Rail Spur: The industrial park may be served by a r . spur adjacent to the railroad
right of way designated as Seaboard Railway on e plat of the park; said spur is
located at the Southwestern portion of the park.. Its vailability, use and extension
throughout the industrial park are uncertain, and no right or representation is made
as to its use by owners or tenants of the park. For th se lots that may acquire use of
the spur, such use is subject to the codes and regulat ons of the City ofOkeechobee,
and the railway company then operating the adjace track leading to the spur. The
City reserves the right to extend or permit extensio to the rail spur throughout the
park, and any cost assessments therefore shall be . 'tOO to those lot owners, tenants
or lessees who directly benefit from the spur by actu I use of railway transportation
for goods and services in the conduct of their busin s within the park..
14. Maintenance. Buildings, landscaping, and other im ovements shall be continuously
maintained so as to preserve as well kept appearanc especially along the perimeters
of any Lot or other property. The Association shall om time to time inspect site and
landscape maintenance, and if not satisfied with th level of maintenance on a site,
shall notify the owner in writing. If within fifte (15) days from notification,
Page 16 of 21
. K 00530 PG 1968
maintenance has not been brought to acceptable st ds in conformance with the
following maintenance standards, the Association ay order the work done at the
tenant's, grantee's, or lessee's expense and may trea the charges as an assessment.
The maintenance standards are as follows:
1. Trash. All trash and garbage shall be plac d in designated containers, or
within the tenant's, grantee's, or lessee's con ained service area and all trash
areas shall be screened and properly landsca ed. The size of containers shall
reflect the capacity of the local agencies or trash removal. Yards and
landscape areas will be kept free of trash, leaves, and dead landscaping
materials.
2. Landscaping. All landscaping areas incl ding sodded areas, shall be
regularly irrigated as required and shall receive regular maintenance
including trimming, minimum fertilization t protect wetlands, mowing and
replacement of diseased plant materials, as equired. All irrigation systems
shall be underground, automatic, kept in g d repair, and shall not discolor
any wall, sign surface or other structure. erimeter landscaping shall be
maintained so as to avoid blight and preserv the beauty, quality, and value
of the initial platted park, and to maintain a . orm and sightly appearance.
The area between the building and the eet shall be used for open
landscaping and green areas to the great t extent possible, taking into
account necessary parking. All landscaping hall be completed within ninety
(90) days of the issuance of a Certificate 0 Occupancy with respect to the
building constructed or erected on any I and shall be subject to the
approval of the Building Department.
3. Parking lot and sidewalk. All parking lot, si ewalks, and other hard surface
areas shall be swept and cleaned regularly d cracks and damaged areas of
sidewalks shall be repaired or replaced as equired. Damaged or eroding
areas of the asphalt parking surface shall e replaced as required and an
overall resurfacing of the parking area be done as necessary. Broken
bumper stops and/or curbing shall be repl ced as required and drainage
inlets, storm sewers and any surface draina e facilities shall be maintained
in good repair and shall remain clear of deb' so as to enable the proper flow
of water. Each tenant, grantee, or lessee s 11 provide adequate off-street
motor vehicle and trailer storage for the t t's, grantee's, or lessee's needs,
but, in any event, no less than that required b governmental regulations and
requirements. All driveways and parking areas shall be constructed or
asphalt or concrete product.
4. Lighting. Levels of light intensity in the parking areas of all exterior
walkways shall be maintained at safe lev Is and bulbs shall be replaced
expeditiously as failure occurs. Light stan ds shall be maintained in good
repair and shall be kept functional at all f es.
5. Insurance.
1. Casualty insurance: All buildings and in able improvements erected in
the park shall be insured for fire and ext ded coverage perils, excluding
foundation and excavation costs, at their um insurable replacement
Page 17 of 21
· .K 00530 PG 1.969
value, and all personal property located th em. including garage or bailee
coverage.
2. Public liability insurance: The owner or t ant shall obtain public liability
and property damage insurance covering th property and all improvements
thereon in such sums as may be set by ord' ce or resolution of the City of
Okeechobee.
3. Workmans Compensation: The owner r tenant shall obtain workmans
compensation coverage for its activities a provided by law and ch. 440
Florida Statutes and as amended.
4. Flood Insurance: The owner or ten is subject to obtaining flood
insurance in the event the industrial park is becomes designated by FEMA
or other federal agency as being within a r ognized flood zone.
PARAGRAPH m.
Easements, Reservations, Rights-of-Way and Additio
1. Easements, reservations and rights-of-way may be reserved by Decl ant on or over said property or
any portion thereof in any contract or deed hereafter made.
2. Declarant may include in any contract or deed hereafter made, addi ional protective covenants and
restrictions not inconsistent with those contained here.
3. No other structure permitted by this Declaration shall be built, erect or maintained upon any such
easements, reservations or rights-of-way, and said easements, res tions or rights-of-way shall, at
all times, be open and accessible to utility corporations who have 0 ined the written permission of
Declarant, who shall have the right of ingress and egress thereto d therefrom, and the right and
privilege of doing whatever may be necessary in, under, or upon said locations for the carrying out of
any of the purposes for which said easements, reservations, and ri ts-of-way are reserved or may
hereafter be reserved.
PARAGRAPH IV.
Scope of Covenants, Restrictions, Reservations, Servitud
All of the covenants, restrictions, reservations, servitudes and easem ts set forth in this Declaration
are imposed upon said property for the direct benefit thereof and of the City of Okeechobee, Florida thereof
as a part of the general plan of the development, improvements, and ma· enance of said property. Each
grantee, lessee, tenant, assignee or successor in interest accepts the same subj t to the covenants, restrictions,
reservations, servitudes and easements set forth in this Declaration, and a ees to be bound by each such
covenant, restriction, reservation, servitude and easements.
PARAGRAPHV.
Violations of Covenants, Restrictions, Reservations, Servitu es and Easements
A breach or violations of any of the covenants, restrictions, reserva ions, servitudes and easements
shall give to the Declarant the right to immediate entry upon the Property upo with said violation exists, and
Page 18 of 21
· OR.K 00530 PG 1970
summarily to abate and remove, at the expense of the owner thereof, any er tion, structure, building, thing
or condition that may be or exist thereon contrary to this Declaration, and to e true intent and meaning of the
provisions hereof, and the Declarant shall not thereby be deemed guilty of y manner of trespass for such
entry, abatement, or removal, nor shall the Declarant be liable for any viola on of any covenant, restriction,
reservation, servitude and easement hereof, whether such covenant, restric ion, reservation, servitude and
easement is violated in whole or in part, is hereby declared to be and to consti e a nuisance, and every remedy
allowed by law or equity against a nuisance, either public or private, shall be a licable against any such owner
or any parcel, and many be prohibited and enjoined by an injunction. Such r edy shall be deemed cumulative
and not exclusive.
Where an action, suit or other judicial proceedings is instituted or bra ght for the enforcement of these
covenants, restrictions, reservations, servitudes and easements, the losing p in such litigation shall pay all
expenses, including a reasonable attorney's fee, incurred by the other party . such legal proceeding.
PARAGRAPH VI.
Right to Enforce
The provisions contained in this Declaration shall bind and inure to e benefit of and be enforceable
by the Declarant or their legal representative, to enforce any of such coven ts, restrictions, reservations,
servitudes and easements herein contained shall, in no event, be deemed a waiv of the right to do so thereafter,
unless otherwise herein provided.
PARAGRAPH VII.
Assignment of Powers
Any and all rights and powers and reservations of the Declarant h ein contained may be deeded,
conveyed or assigned to another corporation, co-partnership, or individual d upon such corporation, co-
partnership, or individual evidencing its consent in writing to accept such assi ent and to assume such duties
and powers, providing always that shall operate the industrial park for a p . ly public and not private
purpose; and it shall, to the extent of such deed, conveyance or assignment, ve the same rights and powers,
and be subject to the same obligations and duties as are given to and ass ed by Declarant herein and
thereupon Declarant shall be relieved of the performance of any further du or obligation hereunder to the
extent of such deed, conveyance or assignment.
PARAGRAPH VITI.
Marginal Notes and Headings ofParagrap
The marginal notes and headings as to the contents of particular p
matter of convenience and for reference, and in no way are, or are they tended to be, a part of this
Declaration, or in any way defme, limit, and descnòe the scope of intent of that particular section or paragraph
to which they refer.
PARAGRAPH IX.
The Various Parts of This Declaration are Seve
In the event any clause, initial platted park, term, provision or p of this Declaration shall be
adjudicated by Final Judgement of any Court of competent jurisdiction to b invalid or unenforceable, the
Page 19 of 21
. 0 .K 00530 F'G 1971
remainder of this Declaration, and each and all of its terms and provisions no so adjudicated to be invalid or
unenforceable, shall remain in full force and effect, and each an all of the p agraphs, initial platted parks,
terms, provisions, or parts of this Declaration are hereby declared to be se able and independent of each
other.
PARAGRAPHX.
Amendment to Protective Covenants, Restricti ns,
Reservations, Servitudes, and Easements
Declarant shall have the right to amend this Declaration so long as su h amendment is not inconsistent
with or delude the overall plan or protection.
IN WITNESS WHEREOF, the Declarant has signed and sealed thi Declaration on the 1- ~ day
of LfY\r4J-. ,2004.
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ATTEST:, , :'",'
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Lane amiotea, Ci Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
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John R. Cook, City Attorney
Page 20 of 21
. .K 00530 PG 1.972
.
.
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
BEFORE ME, the undersigned authority, appeared JAMES E. KIRK., ho is personally known to me;
and who being ftrst duly sworn according to law, states that he executed the oregoing in the presence of the
witnesses Lane Gamiotea and John R. Cook; and that the foregoing is execut for the purposes stated therein
on behalf of the City of Okeechobee, Florida.
SWORN TO AND SUBSCRIBED this l day of May, 2004.
~~.".... ADRIANA BERRY
t:~l~~ MY COMMISSION / DO 1S.909
?,1-" .:¡.,i EXPIRES: October 3, 2006
~.P.f;;r..~-., Boodo<I Thru NoIary I'ubüc UnderwriteIs
Page 21 of 21