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HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-073Temporary Resolution #13969 June 28, 2023 Page 1 of 6 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 Temporary Resolution #13969 June 28, 2023 Page 2 of 6 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 Page 3of6 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 Temporary Resolution #13969 June 28, 2023 Page 4of6 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 Temporary Resolution #13969 June 28, 2023 Page 5 of 6 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 Page 6 of 6 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. 421")"V� HANS OT INOT CITY ATTORNEY