HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-103Temp. Reso. #12815
Page 1 of 5
September 28, 2016
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2016 -
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AUTHORIZING
AND DIRECTING, ALAN J. POLIN, P.A. AS CO -
TRUSTEE OR HOWARD STEINHOLZ AS CO -
TRUSTEE UNDER THE TAMARAC LAND TRUST
AGREEMENT DATED JULY 10, 2013 TO
AUTHORIZE AND PROCEED AS A PLAINTIFF
ALONG WITH JKM TAMARAC VILLAGE, LLC, IN A
QUIET TITLE ACTION TO BE FILED IN BROWARD
COUNTY CIRCUIT COURT REGARDING REAL
PROPERTY OWNED BY THE LAND TRUST
LOCATED IN LYONS INDUSTRIAL PARK;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY, 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 year period, beginning in 2006, in the Tamarac
Village area which is located along NW 57th Street between Pine Island Road and NW
94th 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 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
(00151366,2 2704-05016401
Temp. Reso. #12815
Pagge 2 of 5
September 28, 2016
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 conveyed sixteen (16)
properties to the Tamarac Land Trust, said properties located north of Commercial
Boulevard along 57th Street between Pine Island Road and NW 94th Avenue; and
WHEREAS, on December 11, 2013, the City conveyed 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, the City Commission, on October 14, 2015 via Resolution R-2015
98, directed the Tamarac Land Trust to execute a Ground Lease Agreement with JKM
Tamarac Village, LLC (Lessee), which agreement is on file with the City Clerk's office;
and
WHEREAS, on April 13, 2016 via Resolution R-2016-34, the City of Tamarac
appointed Howard Steinholz as a Co -Trustee to the Tamarac Land Trust Agreement;
and
WHEREAS, during the normal course of due diligence by the Lessee, it was
determined that certain parcels on the north side of 57th Street had title restrictions that
would have prevented multifamily development, and
WHEREAS, "Tamarac Business Association, Inc.", a dissolved Florida
corporation is vested with the authority to enforce the restrictions; and
WHEREAS, the Tamarac Business Association has been inactive since
September 26, 2005; and
(00151366.2 2704-0501640)
Temp. Reso. #12815
Page 3 of 5
September g8, 2016
WHEREAS, JKM Tamarac Village, LLC desires to clear title by bringing an action
to remove the restrictions and requests that the Tamarac Land Trust join in the lawsuit
as a party plaintiff; and
WHEREAS, the Tamarac Land Trust is the owner of the real property in question
and supports the removal of the title restrictions to encourage residential development
of the parcels; and
WHEREAS, Goren, Cherof, Doody & Ezrol, P.A. shall serve as counsel to the
Tamarac Land Trust; and
WHEREAS, The City Manager and the Director of Financial Services
recommend that the City Manager direct the Co -Trustees of the Tamarac Land Trust to
be directed to execute any and all documents necessary to become a party plaintiff to
the lawsuit contemplated by JKM Tamarac Village, LLC to clear the title to specific
parcels to encourage residential development of those certain parcels to which the title
restrictions may apply; 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 file suit as a joint party plaintiff
with JKM Tamarac Village, LLC.
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.
{00151366.2 2704-0501640)
Temp. Reso. #12815
Page 4 of 5
September 28, 2016
SECTION 2:
That Alan J.
Polin,
P.A. as Co -Trustee or 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 between Alan
J. Polin, P.A. dated July 10, 2013, to file a lawsuit along with JKM Tamarac Village,
LLC, consisting of a quiet title action regarding real property owned by the Land Trust
located in the Lyons Industrial Park and to execute any and all documents required by
the Trust's Counsel, Goren, Cherof, Doody and Ezrol, P.A. to bring the contemplated
quiet title action.
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.
PASSED, ADOPTED AND APPROVED this 9 day of 2016.
Intentionally Left Blank
(00151366.2 2704-0501640)
F I
n
1
ATTEST:
r
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAMOEL S. GORE
CITY ATTORNEY
(00151366.2 2704-0501640}
Temp. Reso. #12815
Page 5of5
September 28, 2016
Fx_,Yl� IJRESSLO.
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: VICE MAYOR GLASSER
DIST 4: COMM. PLACKO