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Home My WebLink AboutCity of Tamarac Resolution R-81-197Introduced by a4 Temp. #2024 Rev. 9/9/81 1 CITY OF TAMARAC, FLORIDA 2 RESOLUTION NO. R-&—/,?y 3 A RESOLUTION REPEALING RESOLUTION NO. R-81-145 AND AUTHORIZING THE 4 PROPER CITY OFFICIALS TO EXECUTE AN EXTENSION AGREEMENT TO THE SLUDGE 5 FARM LEASE WITH DIVERSIFIED CAPITAL; jiNJ AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: 8 SECTION 1: That Resolution No. R-81-145 dated July 22, 1981, 9 which authorized the proper City officials to execute an Extension 10 Agreement to the Sludge Farm Lease is hereby repealed. 11 SECTION 2: That the proper City officials are hereby 12 authorized to execute an Extension Agreement to the Sludge Farm Lease 13 with Diversified Capital, Successor in interest to Section Seven 14 Associates, for successive automatically renewing quarterly terms of 35 ninety (90) days each, commencing July 1, 1981, a copy of which 16 Extension Agreement is attached hereto as Exhibit "A". 17 SECTION 3: This Resolution shall become effective immediately L 20 21 22 23 24 25 26 27 28 29 Ji 33 34 35 36 upon adoption. PASSED, ADOPTED AND APPROVED this_f�day of 1981. ATTEST: ASSISTANT CI CLERK I HEREBY CERTIFY that I have approved the form and correct- nessof this RESOLUTION. Q,17�Wt CITY ATTORNEY MAYOR: DISTRICT DISTRICT DISTRICT DISTRICT ) r MA R RECORD OF COUNCIL VOTE rot, 1A, Gsoof jj� F Vol EXTENSION AGREEMENT SLUDGE FARM LEASE Parties: DIVERSIFIED CAPITAL, a Partnership Successor in interest to SECTION SEVEN ASSOCIATES (Hereinafter referred c/o 1125 N. E. 125th Street to as "Lessor") North Miami, Florida 33161 CITY OF TAMARAC, FLORIDA, Successor in interest to TAMARAC UTILITIES, INC. (Hereinafter referred 5811 N. W. 88th Avenue to as "Lessee") Tamarac, Florida 33321 Purpose: The parties agree to amend the "Sludge Farm Lease" by providing for automatically renewing extensions of ninety (90) days. Date: June 30, 1981. The parties agree: 1. The Lease Agreement dated October 7, 1976, between SECTION SEVEN ASSOCIATES, as predecessor in interest to DVIERSIFIED CAPITAL and TAMARAC UTILITIES, INC., as predecessor in interest to the CITY OF TAMARAC, FLORIDA, is hereby extended for successive automatically renewing quarterly terms of ninety (90) days commencing July 1, 1981, however either party shall have the right to cancel this Extension Agreement without cause or reason upon ninety (90) days written notice furnished to the other party, whereby cancellation shall be effective upon the 90th day following receipt of such notice. 2. Lessee shall provide Lessor with appropriate and satisfactory evidence of insurance as required by Paragraph 15 of the Lease Agreement dated October 1, 1976, upon its execution of this Extension Agreement. 3. Lessee shall pay all real estate taxes as required by Paragraph 3 of the Lease Agreement dated October 1, 1976, it being understood that the subject property for which all of said real estate taxes shall be paid is identified as Broward County Folio Number 9107-01-00100. 4. All rent due and payable in accordance with the terms and conditions of the Lease Agreement dated October 1, 1976, as modified by this Extension Agreement shall be paid to Lessor at: Two First National Plaza Suite 3000 20 South Clark Street Chicago, Illinois 60603 Attention: David Nomura 5. The parties modify Paragraph 14 of the Lease Agreement dated October 1, 1976, providing for notice by deleting all parties and addressesses shown therein and substituting therefor the following: AS TO DIVERSIFIED CAPITAL DIVERSIFIED CAPITAL c/o Leadership Housing, Inc. 1125 N. E. 125th Street Suite B North Miami, Florida 33161 Attention: Jennifer Rabinowitz DIVERSIFIED CAPITAL c/o Two First National Plaza Suite 3000 20 South Clark Street Chicago, Illinois 60603 Attention: David Nomura and Mark C. Mamolen Copy to be sent to: Myles J. Tralins, Esquire Tralins & Potash, P. A. 1125 N. E. 125th Street Suite B North Miami, Florida 33161 AS TO CITY OF TAMARAC, FLORIDA CITY OF TAMARAC 5811 N. W. 88th Avenue Tamarac, Florida 33321 Attention: City Manager Copy to be sent to: Arthur Birken, City Attorney City of Tamarac 5811 N. W. 88th Avenue Tamarac, Florida 33321 6. A condition precedent to the agreement of Lessor to extend the subject Lease is the Lessee's representations and warranties pertaining to the ultimate use and development of the subject property as the same are delineated in the corres- pondence attached to and made a part of this Extension Agreement as Composite Exhibit A, it being further understood that the same shall survive the Lease Agreement as extended. -2- 7. All other terms and conditions of the Lease Agreement dated October 7, 1976 (Exhibit B attached hereto and made a part hereof) as assigned to the CITY OF TAMARAC, FLORIDA, on October 15, 1979, by Assignment and Acceptance of Sludge Farm Lease (Exhibit C attached hereto and made a part hereof) not modified by this Agreement are hereby ratified and confirmed. Executed the date stated above. Witnesses: 7 Witnesses: VIM Niiii DIVERSIFIED CAPITAL, a Partnership Successor in interest to SECTION SEVEN ASSOC. C� By. _ c • r-� Simon Zunamon, Trustee General tar r CITY OF TAMARAC, FLORIDA, Successor in interest to TAMARAC UTILITIES, INC. By:_ _.._._......� Mayor c (Seal) Attes Z�City Clerk -3- 5811 NORTHWEST 88TH AVENUE 0 TAMARAC, TELEPHONE 1305) 722.5900 April 27, 1981 ARTHUR M. BIRKEN CITY ATTORNEY ALAN F. RUF CONSULTING CITY ATTORNEY Myles Tralins, Esq. Tralins & Potash 1125 N.E. 125th Street North Miami, Florida 33161 FLORIDA 33321 Dear Myles: I am writing in reference to the sludge farm located in Tamarac on property owned by the Marmon Group or one of its subsidiaries. On Friday, January 16, 1981 you were good enough to visit me in my office to discuss a number of items, including the sludge farm. At that time you informed me that the owners wished to have the City commit to writing two points. One was a letter from an engineer to the effect that using the property as a sludge farm will do no damage to the property itself and, on that point, I am attaching a copy of a letter dated March 9, 1981 from Michael T. Hermesmeyer of Williams, Hatfield $ Stoner to the City,and your second request was acknowledgement by the City to the effect that use of the location as a sod farm at one point in time will not affect the City's issuance of permits to develop the property. The City Council discussed your two requests and authorized me to write to you and attach the letter from Mr. Hermesmeyer. Based upon the information in Mr. Hermesmeyer's letter that there will be no deleterious effects to the property, please be assured that your concerns vis a vis development are no problem. We are obviously most anxious to have the sludge farm lease extended for the longest possible period. The City hopes that the County will be accepting all of its sewage by 1985 and that at that time the lease will no longer be needed. • 0 off E--- - Myles Tralins, Esq. April 27, 1981 Page 2. If you have any questions or comments, please contact me at the earliest possible date. Thank you for your cooperation in expediting this matter. Very truly yours, 1 Arthur M. Birken City Attorney AWjb L E A S E THIS LEASE AGREEMENT made and entered into by and between SECTION - SEVEN ASSOCIATES, a Joint Venture, hereinafter called "Lessor", and TAMARAC UTILITIES, INC., a Florida corporation, hereinafter called "Lessee W I T N E S S E T H: 1. Lessor does hereby lease unto Lessee, and Lessee does hereby lease from Lessor the real property described upon Exhibit "A" annexed hereto, hereinafter called Uie "Subject. Property". all upon the terms and conditions hereinafter set forth. . 2. The term of this Lease shall be five (5) years from the date hereof. However, either party shall have the right to cancel this Lease upon ninety (90) days written notice furnished to the other party, which cancellation shall be effective upon the 90 th day following receipt of such' notice. 3. Lessee agrees to pay to Lessor as rent hereunder a sum equal to the real property taxes (including City taxes, County taxes, speci al assessments, and all other taxes assessed against the Subject Property). assessed againIt the following folio numbers which are approximately 34.4 acres. throuohdut the term of this Lease. Said taxes shall be prorated as of the commencement and termination of this Lease. Upon receipt of the 1976 tax bill, -the rent 'shal1 be paid upon the prorated amount of the 1976 tax bill. Thereinafter, future payments of rent shall be paid annually on receipt of the tax bills. The rent payable hereunder shall be payable in advance without demand to Lessor at 6006 North University -Drive, Tamarac, Florida, or at such other address as Lessor may designate. 4. Lessee may use the Subject Property only for the disposal of treated sanitary sewer sludge which must be in a condition acceptable to all governmental authorities having jurisdiction thereof. 5. Lessee shall have, after approval by Lessor which will be not unreasonably withheld, the option to install such roads and berms as Lessee deems necessary to provide access across the Subject Property, and to contain the sludge to be placed by Lessee upon the Subject Property. r 6. Lessor does hereby grant unto Lessee throughout the term of this lease a non-exclusive easement for ingress and cUress over the existing undedicated rock road upon the lands adjacent to the Subject Property, and lying to the East thereof, from the Westerly boundary of the Subject Property to Northwest 94 th Avenue. 7. Lessee agrees that it will not dump sanitary sewage sludge within one hundred (100) feet of the Easterly line of the Subject Property, and further agrees to uniformly spread_and grade the sludge to an elevation not greater than ten (10) feet above mean sea level in a manner acceptable to all governmental authorities having jurisdiction thereof. B. At the expiration of this Lease, Lessee shall peacefully quit the leased premises and surrender possession thereof to Lessor. 9. Lessee shall not assign this Lease, nor sublet the premises, or any part thereof, nor use the same or any part thereof, nor permit the same or any part thereof, to be used for any other purpose than above set forth, nor make any alterations thereon, or any additions thereto other than as permitted hereunder. 10. All personal property placed or moved in the premises above described shall be at the risk of the Lessee, and Lessor shall not be liable for any damage to said personal property, or to the Lessee, or to any other person whomsoever. 11. Lessee shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations acid requirements of•the Federal, State and City governm-,nts, and of any and all. their departments and bureaus applicable to said premises including but not limited to the correction, prevention and abatement of nuisances or other grievances in, upon or connected with said premises during said term, at its own cost and expense. 12. The fdithful observation of all Lessee's obligations hereunder are - the conditions upon 'which the Lease is made and accepted, and any failure on the part of Lessee to comply with the terms of this Lease shall, at the option of Lessor, work a forfeiture of this contract, and all of the rights of the Lessee hereunder, and thereupon the Lessor, its agents or attorneys, shall have the right to enter said premises, and remove all - 2 - persons therefrom forcibly or othenvise, and Lessee thereby expressly waives any and all notice required by law to terminate tenancy, and also naives any and all legal proceedings to recover possession of said premises, and expressly agrees that in the event of a violation of any of the terms of this Lease, said Lessor, its agent or attorneys, may immediately re-enter said premises and dispossess Lessee without legal notice or the institution of any legal proceedings whatsoever. 13. The rights of the Lessor under the foregoing shall be*cumulative, and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights: 14. Any notice which is required to be or may be sent to either party by the other pursuant to the terms herein shall be in writing, and either personally delivered to the other party, or mailed by certified . mail, return receipt requested, with postage prepaid to the other party at their addresses as follows: AS TO SECTION SEVEN ASSOCIATES: Section Seven Associates 6006 North University Drive Tamarac, Florida 33321 Attention: Julian T. Bryan III Copy to be sent to: Arthur J. Berk, Esq. Courshon and Berk, P.A. 1110 Brickell Avenue, Suite 801 Miami, Florida 33131 AS TO TAMARAC UTILITIES, INC.: 7801 N.W. 61st Street Tamarac, Florida 33321 Attention: Richard B. Shapiro Copy to be sent to: If- 15. Lessee agrees to maintain public liability insurance through its parent organization, Cerro -Marmon Corporation, in an umbrella amount of $10,000,000. In addition, Lessee agrees to save Lessor and hold Lessor harmless from all manner of liability . -3- arising out of Lessee's use of the Subject Property including but not limited to personal injury, property damage, nuisance or environmental injury, fines or fees levied by governmental authority. IN WITNESS WHEREOF, the parties hereto have executed these presents this day of 1976. WITNESSES: SECTION SEVEN ASSOCIATES, a Joint Venture by: LEADERSH P HOUSING, INC., managing Jo' Venturer By: JUL N T . YAN I- ice Yres i oenti - TAMARAC UTILITIES, INC., a Florida corporation 1,1/" %% Y= B -4- j C •In21>z>�.�f�� S r Cs p�f� Vp� � �• p1�• 2 IRE• i �o=c r�►�� !OM O Jn r i f �� 1 1> 1 � •�. L+A r r � s. •i=��• � �> r M �F O► O _ �'• p:— N r c z 1 :: n �� t w� w M w I 1 ASSIGNMENT AND ACCEPTANCE OF SLUDGE FARM 1-EASE Parties: TAMARAC UTILITIES, INC. Hereinafter referred to as 7801 N.W. 61st Street the Assignor Tamarac, Florida CITY OF TAMARAC, FLORIDA Hereinafter referred to as 5811 N.W. 88th Avenue the Assignee Tamarac, Florida Purpose: Assignment pursuant to the terms and conditions of the Agreement of Purchase and Sale between the parties dated July 31, 1979 and the City's acceptance of said assignment and all rights and obligations thereunder. Date: OctoberN&-, 1979. J The parties agree: 1. Assignor, TAMARAC UTILITIES, INC., duly assigns all of its right, title, interest, duties and obligations of performance under that certain lease dated the day of-�vh-t1� _, 19-1(,:)between itself and THE MARMON GROUP, INC., concerning said sludge farm lease, to the Assignee, the CITY OF TAMARAC, FLORIDA. A copy of said lease is attached hereto and made a part hereof as Exhibit "1". 2. In conjunction with this assignment, the Assignor appoints- the CITY OF TAMARAC, FLORIDA, as its true and lawful attorney to enforce the provisions of the assigned lease (Exhibit "1"). 3. The Assignee agrees to assume as of the date of execution of this Assignment and Acceptance, all right, title and interest to the assigned lease, to perform all duties as if it had been an original party to the lease, and to indemnify and hold the Assignor harmless from any and all liability for performance or non- performance of the duties and obligations assumed hereunder, including reasonable attorneys fees, and costs. EXECUTED on the date stated above. TAMARAC UTILITIES, INC. Assignor (SEAL) By: At CITY OF TAMARAC FLORIDA Assig ee (SEAL) 1 i ��sEn� "'� A1ayOr • Attest: �`'�, --- �'I �.__z Clerk