HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-034Temp Reso #12773
Page 1
April 12, 2016
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 2016-31
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPROVING THE
DECLARATION OF APPOINTMENT OF CO -TRUSTEE OF
THE TAMARAC LAND TRUST AGREEMENT DATED JULY
14, 2013, AND THE APPOINTMENT OF HOWARD
STEINHOLZ AS THE CO -TRUSTEE 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, 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, 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
Temp Reso #12773
Page 2
April 12, 2016
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 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 Howard Steinholz 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 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
1
E
Temp Reso #12773
Page 3
April 12, 2016
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
Howard Steinholz 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 a 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,
Temp Reso #12773
Page 4
April 12, 2016
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.
PASSED AND ADOPTED BY THE CITY C MMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS 3 DAY OF , 2016.
el
CITY OF TAMARAC FLORIDA
4, b�4�
HA RY DRESSLER, MAYOR
ATTEST-
9MC__
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER t
DIST 1: COMM.BUSHNELL Z-��
DIST 2: COMM. GOMEZ
DIST 3: V/M: COMM. GLASSER
DIST 4: COMM. PLACKO
I HEREBY CERTIFY that I have
Approved this RESOLUTION
As to FORM:
SAMUEL S. GOWN
CITY ATTORNE
1
1
Prepared by and Return To:
Donald J. Doody, 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 TRUST AGREE ENT DATED JULY 14, 2013, (the "Appointment") is entered into
this _/26Vday of ` 2016, by and between the City of Tamarac (the
"Beneficiary") and Howard Steinholz (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; 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, 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, 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 ;a
WHREAS, the City desires to appoint Howard Steinholz 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.
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.
100125130.1 2704-9496091}
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 Howard Steinholz 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.
ATTEST:
P'
Patricia A. Teufel, CMC
City Clerk
,44
3
Date
_ �N7
. . .F
CITY OF TAMARAC
00
Michael C. Cernech, City Ma ager
�-t`!;-Ib
Date
Approved as to form and legal sufficiency:
�4 nrld A- Itlow
Ci y Xttorney
Date
{00125130A 2704-9496091} 2
ACCEPTANCE OF APPOINTMENT AS CO -TRUSTEE:
WITNESSES: By: -
Howard Steinho z
By: Nll�- 1424 South Andrews Ave.
42 A
Fort Lauderdale, FL 33316
Print Name: ?31 r v AYo-
e
By:
Print Name: 1�'co e& £
STATE OF FLORIDA )
)ss:
COUNTY OF BROWARD )
2016,
The foregoing instrument was acknowledged before me this 19- day of Agf-t L- ,
by Howard Steinholz, who is personally known to me or has produced
as identification.
My Commission expires:
Notary PiglicoState of Florida
Printed Name of Notary Public
------------
MAGALV PINAR"
Notary Public - State of Florida
z• Commission #r FF 949407
My Comm. Expires Api ' 2020
Bor" through National Notary Assn.
(00125130.1 2704-9496091 )
A� " CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DD/Y
7/6/2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
Sabal Insurance Group
1000 E Broward Blvd.
Ft Lauderdale FL 33301
CONTACT NAME: Cristina Iglesias
ACNE t (954)828-9948 FAX (954)628-9949
EXac No
n DRIESS:
INSURERS AFFORDING COVERAGE
NAIC #
INSURERA:First Mercury Insurance Company
INSURED
The Urban Group, Inc.
1424 S Andrews Ave, #200
Fort Lauderdale FL 33316
INSURER B .PrO ressive American Insurance
INSURER C :Summit Holdings
INSURERDRLA Insurance Intermediaries LLC
INSURER E :
INSURER F :
rnvcDAr_cc C1=12TIF!CATF NI IMRFR•2015-16 CH REVISION NUMI3tK:
vTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDLISUBIR
POLICY NUMBER
POLICY EFF
MMIDD/YYYY
POLICY EXP
MM/DD/YYYY
LIMITS
X
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000
A
CLAIMS -MADE ❑X OCCUR
MA IN111
ccu ence
PREMISES Eaoccurrence)
$ 50,000
MED EXP (Any one person)
$ Excluded
NJ-CGL-0000054603-01
6/1/2015
6/1/2016
PERSONAL & ADV INJURY
$ 1,000,000
L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS-COMP/OPAGG
$ 2,000,000
M'OTHER:
POLICY ❑ PRO ❑LOC
JECT
$
AUTOMOBILE LIABILITY
COMBINED accident IN LE LIMIT
Ea
$ 1,000,000
BODILY INJURY (Per person)
$
B
ANY AUTO
ALL OWNED X SCHEDULED
AUTOS AUTOS
X NON -OWNED
HIRED AUTOS AUTOS
03177579-1
7/1/2015
7/1/2016
BODILY INJURY (Peraccident)
$
Per accident)DAMAGE
$
$
UMBRELLA LIAR
HOCCUR
EACH OCCURRENCE
$
AGGREGATE
$
EXCESS LIAB
CLAIMS -MADE
DED RETENTION $
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETOR/ PARTNER/EXECUTIVE
X PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYE
$ 1,000,000
C
OFFICER/MEMBER EXCLUDED? ❑
(Mandatory in NH)
N / A
0830-53679
6/1/2015
6/1/2016
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
D
Professional Liability
MPL1570978.15
6/1/2015
6/1/2016
Each Claim/Aggregate $2M/$2M
Retro Date: 12.15.2009
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required)
GEK I IFIGA I It M
EVIDENCE OF INSURANCE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ristina Iglesias/CAR -- —
U 19S73-ZU14 AUUKU I:UKI'UKA I IUN. All rignLs reservea.
ACORD 25 (2014/01)
INS025 nnl4on
The ACORD name and logo are registered marks of ACORD
INSTR fl 113634587 Page 1 of 4, Recorded 04/15/2016 at 03:06 PM
Broward County Commission, Deputy Clerk LRECORD
Prepared by and Mum To:
Donald J. Doody, Esq.
Goren, Cherof, Doody & Ezrol. P.A.
3099 E Commercial Blvd., 90:00
Fort Lauderdale, FI. 33308
DECLARATION OF APPOINTMENT OF CO TRUSTEE OF THE
TAMARAC LAND TRUST AGREC,IICN'T DATED JULY 14, 2013
THIS DECLARATION' OF APPOINTMENT OF TRUSTEE OF THE TAMARAC
LAND TRUST AGREE, • ENT DATED JULY 14, 2013, (the "Appointment') is entered into
thus � day of ` 2016. by and benaeen the City of Taatarac (the
"Beneficiary") and Howard Steinholz (the `Co -Trustee"), and provides as follows:
WHEREAS, on July 14, 2013, the City entered into the Tamarac Land Trust Agreement
("Land Trust Agreement") frith Alan J. Polin, P.A.. to serve as the Trustee under the Land Trust
Agreement which governs the cone -price 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, 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, 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, the current Trustee is unable to serve as the Trustee for the land trust,
therefore, the City, as the sole beneficiary lots the power to appoint a Co -Trustee to act pursuant
to the Trust Agreement; and . .
W11REAS, the City desires to appoint Howard Steinholz as a Co -Trustee of cite 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
699.071, Fla.Stat.
NOW, THEREFORE, the City of Tamarac, as the sole beneficiary of the Tamarac Land
Trust hereby stakes this Declaration of Appointment of a Co -Trustee for the Tamarac Land "frust
dated July 10, 2013, as follows:
1. The foregoing 'Whereas" clauses are hereby ratified as being true and correct
and incorporated herein.
Mumn t 270-wfol11
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 689.07](9), Florida
Statutes, hereby appoints Howard Steinholz 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.
S. 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.
CITY OF TAMARAC
ATTEST: Michael C. Cemech, City Ma alter
-Patricia A. Teufel, CMC0
City Clerk
A113 A.
Date
10 1:$130.1 37C,4•94%091 I
Date
Approved as to form and legal sufficiency:
Ci y Attorney
Date
ACCEPTANCE OF APPOIN MEN1' AS CO -TRUSTEE:
WITNESSES: By: `tPr
Howard Steinho z
By: ---_ 1424 South Andrews Ave.
Fort Lauderdale, FL 33316
PrintName: ��.��f /�1. Sy��`
i
Bv: A-/ "f !
Print Name: a✓
STATE OF FLORIDA )
)ss:
COUNTY OF BRONARD )
The foregoing instrument was acknowledged before me this la day of Al-i=l L-
2016, by Howard Steinholz, who is _personally known to me_ or has produced
as identification.
,M), Commission expires:
Notary P' li tate of Florida
Printed Name of Notary Public
�tP WGA:#FF
NAMEC
Hahry Pu01ice of Ftot
Commissio909ao7
My Comm. E,pe 2a e020
N•�� BoaCeOttuoap kotur asm.
1 W 1:! 00 1 :"04•949W 1 1
EXHIBIT 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 9e Avenue, North of Commercial Boulevard, South and North of NW 57`h Street, all
located within the City of Tamarac, Florida.
(W22S"7.1:704-WN"6 )