HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-073Temporary Resolution #13969
June 28, 2023
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2023-01--S
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
THAT CERTAIN TERMINATION OF GROUND
LEASE, FOR THE COMMERCIAL PARCEL,
ATTACHED HERETO AS EXHIBIT "A", BY AND
BETWEEN HOWARD STEINHOLZ AS CO -TRUSTEE
AND JKM TV C, LLC; PROVIDING FOR CONFLICTS. -
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac ("City") 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 -land
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
ownership of the Tamarac Village Lands, with the City as the sole beneficiary, in
anticipation of the development of Tamarac Village; and
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June 28, 2023
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WHEREAS, on July 10, 2013, the City 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 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 and 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, 2015, by and between Alan J,
Polin, PA as Trustee and JKM Tamarac Village LLC for the purpose of developing the
Tamarac Village Property; and
WHEREAS, JKM Tamarac Village approached the City requesting that the Ground
Lease Agreement dated October 15, 2015, be terminated in favor of three leases
Temporary Resolution #13969
June 28, 2023
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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 ("Tenant"); and
WHEREAS, for clarification purposes it is only the JKM TV C, LLC lease
agreement for the Commercial Parcel ("Lease Agreement") that is the subject of this
resolution; 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 City Commission approved a First Amendment to Lease
Agreement via Resolution R-2020-102, dated October 14, 2020, granting JKM TV C,
LLC's requested extension to December 22, 2021, to provide notice of its intent to
exercise the options available regarding developing the Commercial Parcel; and
WHEREAS, the City Commission approved a Second Amendment to Lease
Agreement via Resolution R-2021-142, dated December 8, 2021, once again granting
JKM TV C, LLC's requested 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 approved a Third Amendment to Lease
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June 28, 2023
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Agreement via Resolution R-2022-131, dated November 21, 2022, granting JKM TV C,
LLC's, and the City a three hundred and sixty-five (365) calendar day (or sooner)
extension in which City will advise Tenant in writing of the City's election under the Lease
Agreement; and
WHEREAS, the City has elected the "Commercial Termination Option" in
accordance with Section 20.2 of the Lease Agreement; and
WHEREAS, both the City and Tenant mutually agree and consent to entering into
a termination of the Lease in accordance with the Termination of Ground Lease Attached
Hereto as Exhibit "A"; 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 Termination of
Ground Lease Agreement for the Commercial Parcel pursuant to the Termination of
Ground Lease Attached Hereto as Exhibit "A".
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
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June 28, 2023
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Appointment of Co -Trustee Agreement dated April 13, 2016 to execute the Termination
of Ground Lease for the Commercial Parcel by and between Howard Steinholz as Co -
Trustee under the Tamarac Land Trust Agreement and JKM TV C, LLC, attached hereto
and incorporated herein as Exhibit "A".
SECTION 3: That as of the Effective Date of the Termination of Ground Lease
Agreement for the Commercial Parcel, the Lease shall expire and be of no further force
and effect and Tenant shall have no right, title, or interest in or to the Commercial Parcel.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: 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 6: This Resolution shall become effective immediately upon its
passage and adoption.
THIS PORTION OF THE PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
Temporary Resolution #13969
June 28, 2023
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PASSED, ADOPTED AND APPROVED this 28th day of June 2023.
ATTEST:
KIMBERLY� C
CITY CLERK
lt-l�,,4 -
M CHELLE J. GOM Z,
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ:
DIST 1: V/M BOLTON
DIST 2: COMM. WRIGHT
DIST 3: COMM. VILLALOBOS
wt
DIST 4: COMM. DANIEL
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR
THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY.
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HANS OT INOT
CITY ATTORNEY