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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