HomeMy WebLinkAboutCity of Tamarac Resolution R-2021-142Temporary Resolution #13712
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November 18, 2021
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2021"14-2
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AUTHORIZING
AND DIRECTING, HOWARD STEINHOLZ AS CO -
TRUSTEE UNDER THE DECLARATION OF
APPOINTMENT OF CO -TRUSTEE DATED APRIL 13,
2016 OF THE TAMARAC LAND TRUST
AGREEMENT DATED JULY 10, 2013 TO EXECUTE
THE SECOND AMENDMENT TO THE GROUND
LEASE AGREEMENT FOR THE COMMERCIAL
PARCEL, ATTACHED HERETO AS EXHIBIT "1", BY
AND BETWEEN HOWARD STEINHOLZ AS CO -
TRUSTEE AND JKM TV C, LLC; FOR THE PURPOSE
OF EXTENDING THE COMMERCIAL PARCEL
ELECTION OPTION FOR THE TAMARAC VILLAGE
PROPERTY BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT "1" ATTACHED HERETO
AND INCORPORATED HEREIN; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILIfY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac has long had the vision of a Mixed -Use District,
where residents would live, work and play; and
WHEREAS, in support of this vision, in 2005 the City Commission approved the
first ever Mixed -Use District in the City; and
WHEREAS, the City of Tamarac has assembled seventeen properties ("Tamarac
Village Lands") over a seven (7) year period, beginning in 2006, in the Tamarac Village
area which is located along NW 57 Terrace between Pine Island Road and NW 94
Avenue; and
WHEREAS, on June 10, 2013, the City Commission approved Resolution R-2013-
77 establishing the Tamarac Land Trust, a Florida Land Trust, for the purpose of holding
Temporary Resolution #13712
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November 18, 2021
ownership of the Tamarac Village Lands, with the City of Tamarac as the sole beneficiary,
in anticipation of the development of Tamarac Village; and
WHEREAS, on July 10, 2013, the City of Tamarac entered into a Florida Land
Trust Agreement with Alan J. Polin, P.A. ("Trustee") to serve as Trustee for the Trust; and
WHEREAS, on September 10, 2013, the City of Tamarac transferred sixteen (16)
properties to the Tamarac Land Trust, said properties located north of Commercial
Boulevard along NW 57 Terrace between Pine Island Road and NW 94 Avenue; and
WHEREAS, on December 11, 2013, the City transferred one additional parcel into
the Tamarac Land Trust; and
WHEREAS, Trustee took title to the Property in accordance with the provisions of
Section 689.071, Florida Statutes and will hold the title in trust for the uses and purposes
and subject to the terms and conditions of the Trustee Agreement; and
WHEREAS, On July 1, 2014, the City issued a Request for Proposal entitled
Master Developer for Purchase qnd Development of a Mixed Use City Center (AKA
Tamarac Village) with a response date of September 3, 2014. The City received one
response that was deemed non -responsive; and
WHEREAS, subsequent to the Request for Proposal, staff contact and met with
various entities potentially interested in developing Tamarac Village; and
WHEREAS, the City Commission approved Resolution R-2015-98 authorizing and
directing Alan J. Polin, P.A. as Trustee of the Tamarac Land Trust dated July 10, 2013 to
execute a Ground Lease Agreement dated October 15, 2016, by and between Alan J,
Polin, PA as Trustee and JKM Tamarac Village LLC for the purpose of developing the
Tamarac Village Property, and
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November 18, 2021
WHEREAS, JKM Tamarac Village approached the City requesting that the Ground
Lease Agreement dated October 15, 2015 be terminated in favor of three leases
associated with each phase of the project; and
WHEREAS, the City Commission approved Resolution R-2018-77, terminating the
Ground Lease Agreement dated October 15, 2015 by and between Alan J. Polin, PA as
Trustee and JKM Tamarac Village LLC and replaced said Ground Lease Agreement with
three separate leases, dated June 22, 2018, with JKM TV MF1 LLC for Multifamily Parcel
1; JKM TV MF2, LLC for Multifamily Parcel 2 and JKM TV C, LLC for the Commercial
Parcel; and
WHERAS, pursuant to City of Tamarac Resolution R-2016-34, dated April 13,
2016, the City entered into a Declaration of Appointment of Co -Trustee of the Tamarac
Land Trust Agreement dated July 10, 2013, and appointed Howard Steinholz to serve as
Co -Trustee under the Land Trust Agreement, as Alan J. Polin, P.A. was inaccessible; and
WHEREAS, the ongoing pandemic has significantly impacted the state of nation's
commercial and development economy and JKM TV C, LLC's ability to deliver the highest
and best use on the Commercial Parcel; and
WHEREAS, due to the ongoing effects of the pandemic on the commercial and
retail industry, JKM TV C, LLC a Florida Limited Liability Company ("Tenant") requested
an extension to December 22, 2021 to provide notice of its intent to exercise the options
available regarding developing the Commercial Parcel; and
WHEREAS, pursuant to City of Tamarac Resolution R-2020-102, dated October
14, 2020, authorized and directed the Trustee of the Tamarac Village Land Trust to
execute the First Amendment to the Ground Lease Agreement for the Commercial Parcel
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November 18, 2021
for the development of Tamarac Village that included an extension to December 22, 2021
to provide notice of its intent to exercise the options available regarding developing the
Commercial Parcel; and
WHEREAS, due to the ongoing effects of the pandemic on the commercial and
retail industry, Tenant has requested an additional extension to September 9, 2022 to
provide notice of its intent to exercise the options available regarding developing the
Commercial Parcel; and
WHEREAS, The City Commission of the City of Tamarac, Florida, deems it to be
in the best interest of the citizens and residents of the City of Tamarac to authorize and
direct the Trustee for the Tamarac Village Land Trust to execute the Second Amendment
to the Ground Lease Agreement for the Commercial Parcel for the development of
Tamarac Village attached hereto and incorporated herein as Exhibit 1 ".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof and all exhibits referenced and attached hereto are incorporated
herein and made a specific part of this resolution.
SECTION 2: That Howard Steinholz as Co -Trustee for the Tamarac Village
Land Trust is hereby authorized and directed, pursuant to this resolution and that certain
Florida Land Trust Agreement dated July 10, 2013, and that certain Declaration of
Appointment of Co -Trustee Agreement dated April 13, 2016 to execute the Second
Amendment to Ground Lease Agreement for the Commercial Parcel by and between
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November 18, 2021
Howard Steinholz as Co -Trustee under the Tamarac Land Trust Agreement and JKM TV
C, LLC, attached hereto and incorporated herein as Exhibit "1".
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section or other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
in part or application, it shall not affect the validity of the remaining portions or applications
of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
THIS PORTION OF THE PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
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November 18, 2021
PASSED AND ADOPTED BY T , E CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS R DAY OF 2021.
CITY OF TAMARAC FLORIDA
ATTEST:
JE FER J ; HNS N MC
CITY CLER1
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: V/M GELIN
DIST 3: COMM. VIL,LALOBOS
DIST 4: COMM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO IkOR4 1
JO RI!`�JR.,
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk on this day of 202_.
SECOND AMENDMENT TO GROUND LEASE
This Second Amendment to Ground Lease (the "Amendment") is made and entered into
effective as of November _, 2021, by and between Howard Steinholz, as Co -Trustee under the
Declaration of Appointment of Co -Trustee dated April 13, 2016 of the Tamarac Land Trust
Agreement dated July 10, 2013 ("Landlord"), and JKM TV C, LLC, a Florida limited liability
company ("Tenant").
BACKGROUND
On July 10, 2013, the City entered into the Tamarac Land Trust Agreement ("Land Trust
Agreement") with Alan J. Polin, P.A. to serve as the Trustee under the Land Trust Agreement
which governs the conveyance and administration of the property which is the subject of the Land
Trust Agreement.
Pursuant to City of Tamarac Resolution R-2016-34, dated April 13, 2016, the City entered
into a Declaration of Appointment of Co -Trustee of the Tamarac Land Trust Agreement dated July
10, 2013, and appointed Howard Steinholz to serve as Co -Trustee under the Land Trust
Agreement, when Alan J. Polin, P.A. was unable to serve.
Landlord and Tenant entered into that certain Ground Lease with an effective date of June
22, 2018, regarding portions of real property located in Tamarac, Florida, commonly known as
"Tamarac Village", as amended by that certain First Amendment to Ground Lease effective as of
October _, 2020 (collectively, the "Lease"). Landlord and Tenant have agreed to amend the
terms and provisions of the Lease as more particularly set forth herein.
Agreement
1. Recitals. The above recitals are true and correct and are incorporated herein by
reference. Capitalized terms which are not defined in this Amendment shall have the same
meaning as defined in the Lease.
2. Amendment to Section 20. Section 20 of the Lease is hereby deleted in its entirety
and replaced with the following:
"SECTION 20. Commercial Parcel Options.
"20.1 Notice of Option. On or before 5:00pm September 9, 2022, Tenant shall
advise Landlord in writing (the "Commercial Parcel Notice") if it has elected not
to develop the Property as contemplated as of the Effective Date. Landlord shall
have ninety (90) calendar days following receipt of the Commercial Parcel Notice
to advise Tenant in writing (the "Commercial Parcel Election") either (i) that
Landlord intends to terminate this Lease (the "Commercial Termination Option"),
or (ii) that Landlord will allow Tenant to amend the Site Plan to develop the
Property pursuant to a plan of development as agreed upon by both Landlord and
Tenant within the ninety (90) day Commercial Parcel Election Period, which may
include (subject to applicable law), without limitation, for multi -family residential
or other residential purposes (the "Commercial Repositioning Option"). If
Landlord does not timely deliver the Commercial Parcel Election to Tenant,
Landlord shall be deemed to have elected the Commercial Termination Option as
of the last date of such ninety (90) calendar day period.
"20.2 Commercial Termination Option. In the event the Landlord elects the
Commercial Termination Option, then both the Landlord and Tenant shall enter
into a termination of this Lease; such termination shall not impose any additional
costs, obligations, or liabilities upon Tenant. The parties shall agree to execute such
termination of this Lease no later than forty-five (45) calendar days subsequent to
the date of Landlord's Commercial Parcel Election. The failure to do so shall
nevertheless result in a termination of the Lease. Thereafter, within thirty (30)
calendar days following receipt of the Commercial Parcel Election, Tenant shall
remove any personal property remaining upon the Property. For the avoidance of
doubt, upon election of the Commercial Termination Option, this Lease shall only
terminate with respect to the Property, and any other lease between the Landlord
and any affiliate of Tenant shall continue in full force and effect with respect to the
property leased pursuant to such other leases.
"20.3 Commercial Repositioning Option. If Landlord elects the Commercial
Repositioning Option, then Tenant shall have the right to timely seek all approvals, permits
and licenses deemed by Tenant to be necessary or advisable in connection with the
development of the Property. Landlord agrees to execute all consents and other documents
requested by Tenant in connection with seeking such approvals and to otherwise cooperate
with Tenant in obtaining all licenses, platting and zoning approvals, and other permits and
governmental approvals as may be necessary or required for the development of the
Property in accordance with Tenant's intended use."
3. Counterparts. Landlord and Tenant hereby agree that this Amendment may be
executed in one or more counterparts, each of which shall be deemed to be an original, but all of
which shall constitute one and the same instrument.
4. Conflict and Ratification. In the event of any conflict between the terms of the
Lease and the terms of this Amendment, the terms of this Amendment shall control. Except as
amended and modified herein, the remaining terms and provisions of the Lease shall remain in full
force and effect as originally set forth therein.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE(S) j
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IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first
set forth above.
WITNESSES:
Name:
Name:
,1' �,,
�s
LANDLORD:
Howard Steinholz., as Co -Trustee under
the Declaration of Appointment of Co -
Trustee dated April 13, 2016 of the
Tamarac Land Trust Agreement
dated July 10, 2013
Howard Steinholz, as Co -Trustee
TENANT:
JKM TV C, LLC,
a Florida limited liability company
By: JKM Tamarac Village, LLC,
a Florida limited liability company,
its Manager
By: JKM Tamarac Village
Capital, LLC, a Florida
limited li ility company,
its Ill
its
ki
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first
set forth above.
WITNESSES:
Name:
n
Name:
LANDLORD:
Howard Steinholz., as Co -Trustee under
the Declaration of Appointment of Co -
Trustee dated April 13, 2016 of the
Tamarac Land Trust Agreement
dated July 10, 2013
By:3W I S�=
Howard Steinholz, as Co -
TENANT:
JKM TV C, LLC,
a Florida limited liability company
By: JKM Tamarac Village, LLC.
a Florida limited liability company,
its Manager
By: JKM Tamarac Village
Capital, LLC, a Florida
limited lighility company,
its M i
GOUT RN
AMONW