HomeMy WebLinkAboutCity of Tamarac Resolution R-81-145Introduced by Temp. 1977
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-
A RESOLUTION AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE AN EXTENSION AGREEMENT
TO THE SLUDGE FARM LEASE WITH DIVERSIFIED
CAPITAL; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIQA:
SECTION 1: That the proper City officials are hereby
authorized to execute an Extension Agreement to the Sludge Farm
Lease with Diversified Capital, Successor in interest to Section
Seven Associates, for successive automatically renewing quarterly
terms of ninety (90) days each commencing July 1, 1981.
SECTION 2: This Resolution shall become effective imme-
diately upon adoption.
PASSED, ADOPTED AND APPROVED this__, �day of 1981.
4
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iC i e
MAYOR
ATTEST:
ASSISTANT CIT CIERK u
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this RESOLUTION.
CITY ATTORNEY MAYOR:
DISTRICT
DISTRICT
DISTRICT
DISTRICT
RECORD OF COUNCIL VOTE
EXTENSION AGREEMENT
SLUDGE FARM LEASE
Parties: DIVERSIFIED CAPITAL, 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 each 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. 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.
Page One
4. 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) are hereby
ratified and confirmed.
Executed the date stated above.
DIVERSIFIED CAPITAL, Successor
in interest to SECTION SEVEN ASSOC.
By:
President
(Corporate Seal)
Attest:
Secretary
CITY OF TAMARAC, FLORIDA,
Successor in interest to TAMARAC
UTILITIES, INC.
By:
Mayor
(Seal)
Attest:
City Clerk
Page Two
ell LLIAM--�-
Cil-il and ('Onsvllin-q fngi"Crs
Land Surveyors _
MANORS. FONT LAUDERDALE, rLOWDA 33305 • TCLCP►.ONE 305'`-66-6341
2312 WILT/lN DRIVE, WILTON
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p.CNAAO C. O L
March 9. 1981
Mr.. Laurence J. Keating, P.E-
City Engineer
City of Tamarac
5811 N. W. 88th Avenue
Tamarac, Florida 33321
Re: City of Tamarac — Sludge Farm Lease
Dear Mr. Keating:
„1p..-Avs a •
wwItw a at-L" sus"t"s
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susow.s�o•+ O[vCLDw..LNt
p•A�NAGL s /IOOD Co"I"OL
•PST 4-.AS1wE ►ACILcnics
,ILIMIC/PAL [MC -I LtalN4
We have reviewed the City's application for licence to operate a sludge disposal
site. Based upon the Operations Manual of Sludge Handling and Conditioning pre-
pared for the U.S.E.P.A., we determined that the disposal of sludge at the li-
:ensed application rate will have no deleterious effect on the land in question.
.alculations based upon sludge constituents (as supplied with the application for
eicense), show that the licensed application rate is well within the range as
dicated by the nutrient cycle and heavy metals deposition. the og amount being
total
present
coliforms is low enough to suggest the lack of any harmful atho ens bein p
In the sludge.
Again. we foresee no damage to the land by chemical or bacteriological means from
the deposition of sludge as licensed.by the Broward County
Environmental
Quality
Control Board. After the sludge farm becomes Inactive, future
devt of
the land could then be made possible without dangerous health effects to future
residents.
MTHA9
'ISlT EXNIR.IT__
Very truly yours,
WILLIAMS. HATFIELD b STONER. INC.
Michael T. Hermesmeyer
Project Engineer
MAR
TAr1,�:rPC C11y UiGlrxtER
Af rles 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.
ANC/jb
M
Very truly yours,
Arthur M. Birken
City Attorney
�rX '1BIT
0
5B11 NORTHWEST 88TH AVENUE 0 TAMARAC. FLORIDA 33321
TELEPHONE (305) 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
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.
THIS LEASE AGREEMENT made and entered into by and between SECIION
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 the "Subject Property", all uEIon the terms.. a.nd
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
s uch ' noti ce.
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 against the following folio numbers which are approximately 34.4
acres• throughout 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 shall 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.
6. lessor does hereby grant unto Lessee throu Bout the term of this
tease a non-exclusive casement for ingress atid e!jress 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 94th Avenue.
7. lessee agrees that it will not dump sanitary sewage sludge
;ithin one hundred (100) feet of the Easterly line of the Subject Property,
and further agrees to uniformly spread and grade the sludge to an elevati.oh
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
escribed 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 and requirements of.the Federal,
State and City governments, 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
r
expense.
12. The faithful observation of all Lessee's obligations hereunder
-e-the conditions upon 'which the Lease is made and accepted, and any
ailure 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 -
t persons therefrom forcibly or otherorise, 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*cumul'ative,
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 TAM,ARAC UTILITIES, INC.:
7801 N.W. 61st Street '
Tamarac, Florida 33321 '
Attention: Richard B. Shapiro
Copy to be sent to:
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 . .
9
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. 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 JoVenturer
h
oe ' By:
JUL N T. YAN I ice Press dent
v
TAMARAC UTILITIES, INC.,
a Florida corporation
By.*
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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: October,\� 1979.
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 C�rob, 19-7(pbetween 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 11111).
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.
(SEAL)
(SEAL)
TAMARAC UTILITIES, INC.
Assignor
By:
Att
CITY OF TAMARAC FLORIDA
Assig ee
By:
M ayOr
Attest:
Clerk