HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-130Temp Reso #13188
Page 1
October 10, 2018
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 2018- / 3
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPROVING THE
DECLARATION OF APPOINTMENT OF A CO -TRUSTEE
OF THE TAMARAC LAND TRUST AGREEMENT DATED
JULY 14, 2013, AND THE APPOINTMENT OF GLENN
RUNYAN AS THE CO -TRUSTEES FOR THE TAMARAC
LAND TRUST PURSUANT TO SECTION 689.071(9),
FLORIDA STATUTES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on July 14, 2013, the City of Tamarac ("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; and
WHEREAS, the City of Tamarac is the sole beneficiary of the Land Trust
Agreement, and
WHEREAS, pursuant to City 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 date July 14, 2013, and appointed Howard Steinholz to serve as a Co -Trustee
under the Land Trust Agreement, and Mr. Steinholz continues to serve as a Co -Trustee for
the Land Trust; and
WHEREAS, the City has been advised that Co -Trustee Alan J. Polin, P.A. will be
dissolved, and as a result the City desires to appoint a new successor Co -Trustee under
the Land Trust Agreement; and
Temp Reso #13188
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October 10, 2018
WHEREAS, pursuant to Section 689.071(9), Fla.Stat., if the trust agreement is
silent as to the appointment of a successor trustee of a land trust in the event a trustee is
unable to serve as trustee of a land trust, one or more persons having the power of
direction may appoint a trustee of the land trust by filing a declaration of appointment of a
trustee in the public records of the county in which the trust property is located; and
WHEREAS, Alan J. Polin, P.A., a current Co -Trustee is unable to continue to serve
as Co -Trustee for the Land Trust; therefore, the City, as the sole beneficiary has the power
to appoint a new Co -Trustee to act pursuant to the Trust Agreement; and
WHREAS, the City desires to approve the Declaration of Appointment of a Co -
Trustee for the Tamarac Land Trust Agreement dated July 14, 2013, a copy of which is
attached hereto as Exhibit "A", and to appoint Glenn Runyan as a Co -Trustee of the
Tamarac Land Trust, and to serve as a Co -Trustee, and have all the power and authority
as directed by the City of Tamarac pursuant to the terms and conditions of the Land Trust
Agreement, and Section 689.071, Fla.Stat.; and
WHEREAS, the City Commission finds that the appointment of a new Co -Trustee
of the Tamarac Land Trust serves a municipal and public purpose, and is in the best
interest of the health, safety, and welfare of the citizens and residents of the City of
Tamarac.
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
Temp Reso #13188
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October 10, 2018
Resolution upon adoption hereof. All Exhibits attached hereto are expressly
incorporated herein and made a part hereof.
SECTION 2: The City Commission hereby approves the Declaration of
Appointment of a Co -Trustee for the Tamarac Land Trust Agreement dated July 14, 2013,
(the "Declaration"), a copy of which is attached hereto as Exhibit "A", and to appoint Glenn
Runyan as a Co -Trustee of the Tamarac Land Trust, and to serve as a Co -Trustee, and
have all the power and authority as directed by the City of Tamarac pursuant to the terms
and conditions of the Land Trust Agreement, and Section 689.071, Fla.Stat.
SECTION 3: The City Manager or his designee is hereby authorized to execute
the Declaration of Appointment of Co -Trustee for the Tamarac Land Trust Agreement
dated July 14, 2013,
SECTION 4: The appropriate City officials are authorized to take any necessary
action to effectuate the intent of this Resolution.
SECTION 5: That all Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6: 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 7: This Resolution shall become effective immediately upon its
passage and adoption.
Temp Reso #13188
Page 4
October 10, 2018
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS 119 DAY OF b' 2018.
AR.ARAC FLORIDA
j
F-lXm9Wti
PAT ICIA TEUFEL, C
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: BOLTON
DIST 2: V/M: GOMEZ
DIST 3: COMM. FISHMAN
DIST 4: COMM. PLACKO
I HEREBY CERTIFY that I have
Approved this RESOLUTION
Aso f ORM:
1
Jxq�-'6-'
/,Oj1�`1
SAMUEL S. GOISEN
CITY ATTORNE
C
1
CITY OF TAMARAC
MEMORANDUM NO. 2018-096
TO: Mark Mason, Finance Director
CC: Michael C. Cernech, City Manager
Patricia A. Teufel, City Clerk
Robyn Thalenfeld, Executive Assistant
FROM: Samuel S. Goren, City Attorney SSCf
David N. Tolces, Assistant City Attorney D127
DATE: October 1, 2018
RE: City of Tamarac ("City")/Tamarac Land Trust — Appointment of Glenn Runyan
as Co -Trustee
Attached is the original Declaration of Appointment of Co -Trustee of the Tamarac Land Trust
Agreement dated July 14, 2013, appointing Glenn Runyan as Co -Trustee. This Declaration has
been approved as to legal form. This item is scheduled for the October 10 City Commission
Meeting. Once approved, please have Mr. Cernech sign on page 2 of the Declaration and have
Patricia Teufel attest and record the document. Once recorded, please forward a copy to our
office for our file.
If you have any questions, please contact our office.
SSG:DNT:kml
Enclosure(s)
(00255129.1 2704-05016401
Prepared by and Return To:
David N. Tolces, Esq.
Goren, Cherof, Doody & Ezrol, P.A.
3099 E. Commercial Blvd., #200
Fort Lauderdale, FL 33308
DECLARATION OF APPOINTMENT OF CO -TRUSTEE OF THE
TAMARAC LAND TRUST AGREEMENT DATED JULY 14, 2013
THIS DECLARATION OF APPOINTMENT OF TRUSTEE OF THE TAMARAC
LAND TJUST AGREEMEN:F DATED JULY 14, 2013, (the "Appointment") is entered into
this day of , 2018, by and between the City of Tamarac (the
"Beneficiary") and Glenn Runyan (the "Co -Trustee"), and provides as follows:
WHEREAS, on July 14, 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, which is more particularly described in Exhibit ``A", which
is attached hereto and incorporated herein by reference; and
WHEREAS, the City of Tamarac is the sole beneficiary of the Land Trust Agreement,
and
WHEREAS, the Land Trust Agreement is silent as to the appointment of a trustee in the
event the current Trustee is unable to serve as the Trustee of the land trust; and
WHEREAS, Alan J. Polin, P.A. is no longer able to serve as a Co -Trustee, and the City
of Tamarac desires to appoint a new Co -Trustee; and
WHEREAS, pursuant to Section 689.071(9), F1a.Stat., if the trust agreement is silent as
to the appointment of a successor trustee of a land trust in the event a trustee is unable to serve as
trustee of a land trust, one or more persons having the power of direction may appoint a trustee
of the land trust by filing a declaration of appointment of a trustee in the public records of the
county in which the trust property is located; and
WHEREAS, the current Trustee is unable to serve as the Trustee for the land trust,
therefore, the City, as the sole beneficiary has the power to appoint a Co -Trustee to act pursuant
to the Trust Agreement; and
WHREAS, the City desires to appoint Glenn Runyan as a Co -Trustee of the Tamarac
Land Trust, and to serve as a Co -Trustee, and have all the power and authority as directed by the
City of Tamarac pursuant to the terms and conditions of the Land Trust Agreement, and Section
689.071, Fla.Stat.
(00254321.1 2704-9496091)
NOW, THEREFORE, the City of Tamarac, as the sole beneficiary of the Tamarac Land
Trust hereby makes this Declaration of Appointment of a Co -Trustee for the Tamarac Land Trust
dated July 10, 2013, as follows:
1. The foregoing "Whereas" clauses are hereby ratified as being true and correct
and incorporated herein.
2. The City of Tamarac, as the sole beneficiary of the Tamarac Land Trust, pursuant
to the Trust Agreement dated July 10, 2013, and the provisions of Section 689.071(9), Florida
Statutes, hereby appoints Glenn Runyan as Co -Trustee of the Tamarac Land Trust Agreement.
3. The Co -Trustee shall serve as Co -Trustee of the Tamarac Land Trust Agreement
dated July 10, 2013, pursuant to the terms and conditions of the Land Trust Agreement which is
incorporated herein by reference.
4. This Declaration of Appointment shall be recorded in the public records of
Broward County, Florida.
5. The City of Tamarac may terminate this appointment at any time by recording a
revocation of this Declaration of Appointment in the public records of Broward County, Florida.
IN WITNESS OF THE FOREGOING, the City of Tamarac sets its hand and seal the day
and year first written above.
CIT ARAC
400,
ATTEST: Michael C. Cernech, City Manage
Patricia A. Teufel, CMC (�
City Clerk V¢
Date
A MA
-TA,g33
[c)
Date
Approved as to form and legal sufficiency:
City Attorney
Date
;00254321.1 2704-94960911
ACCEPTANCE OF APPOINTMENT AS CO -TRUSTEE:
WITNESSES:
n, A
By: s
Print Name:
By:
L`
Print Name:
STATE OF FLORIDA
)ss:
COUNTY OF BROWARD
2018,
By: A**L /'�
Glenn Runyan
1819 SE 17th Street, Unit 1110
Fort Lauderdale, FL 33316
The foregoing instrument was ackno me this -7H, day of s'00iL 60it
by Glenn Runyan, who is personally kno n to me or has produced
as identific ' n.
A -
My Commission expires:
Notary ublic, State off lorida
SAM7 S. 70REN
Commission # FF 200841
=> a Expires June 18, 2019
Bonded TMu Troy Fain Inauronca 800.385-7019
TA0 CV V. GP f i,J
Printed Name of Notary Public
100254321.1 2704-9496091) 3
EXHIBIT "A"
TO DECLARATION OF APPOINTMENT OF CO -TRUSTEE
OF THE TAMARAC LAND TRUST AGREEMENT
DATED JULY 14, 2013
GENERAL LEGAL DESCRIPTION OF PROPERTY
THAT IS THE SUBJECT OF THE LAND TRUST
AGREEMENT DATED JULY 14, 2013
All real property owned by the City of Tamarac located generally West of Pine Island Road, East
of NW 941" Avenue, North of Commercial Boulevard, South and North of NW 57"' Street, all
located within the City of Tamarac, Florida.
t00254321,1 2704-94960911 4