HomeMy WebLinkAboutCity of Tamarac Resolution R-2020-102 Temp. Reso. #13520
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October 6, 2020
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2020
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
THE FIRST AMENDMENT TO THE GROUND LEASE
AGREEMENT FOR THE COMMERCIAL PARCEL,
ATTACHED HERETO AS EXHIBIT "1", BY AND
BETWEEN HOWARD STEINHOLZ AS CO-TRUSTEE
AND JKM TV C, LLC; FOR THE PURPOSE OF
EXTENDING THE COMMERCIAL PARCEL
ELECTION OPTION FOR THE TAMARAC VILLAGE
PROPERTY BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT "1" ATTACHED HERETO
AND INCORPORATED HEREIN; 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 Terrace between Pine Island
Road and NW 94th Avenue; and
WHEREAS, on June 10, 2013, the City Commission approved Resolution R-2013-
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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
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 transferred sixteen (16)
properties to the Tamarac Land Trust, said properties located north of Commercial
Boulevard along 57th Terrace between Pine Island Road and NW 94th 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, 2016, by and
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October 6, 2020
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 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; 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 ongoing pandemic has significantly impacted the state of
nation's commercial and development economy and JKM TV C, LLC's ability to
deliver the highest and best use on the Commercial Parcel; and
WHEREAS, due to the ongoing effects of the pandemic on the commercial
and retail industry, JKM TV C, LLC a Florida Limited Liability Company (—Tenant")
is requesting an extension to December 22, 2021 to provide notice of its intent to
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October 6, 2020
exercise the options available regarding developing the Commercial Parcel; and
WHEREAS, The City Manager, the Director of Financial Services and the Director
of Community Development recommend that the Trustee of the Tamarac Land Trust be
directed to execute the First Amendment to the Ground Lease Agreement for the
Commercial Parcel by and between Howard Steinholz as Trustee under the Tamarac
Village Land Trust Agreement dated July 10, 2013 to ensure the City's continued
development of the Tamarac Village Project with the highest and best uses; 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 First Amendment to
the Ground Lease Agreement for the Commercial Parcel for the development of Tamarac
Village attached hereto and incorporated herein as Exhibit "1".
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
Appointment of Co-Trustee Agreement dated April 13, 2016 to execute the First
Amendment to Ground Lease Agreement for the Commercial Parcel by and between
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October 6, 2020
Howard Steinholz as Co-Trustee under the Tamarac Land Trust Agreement and JKM TV
C, LLC, attached hereto and incorporated herein as Exhibit "1".
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 14- ' day of £ L , 2020.
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ATTEST:
JENN1 ER JOH'NSON, MC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: V./M. BOLTON ieS
DIST 2: COMM. GELIN `6e5
DIST 3: COMM. FISHMAN
DIST 4: COMM. PLACKO DES
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October 6, 2020
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SI-Lr to. 15.24z`'
SAMUEL S. GoREN
CITY ATTORNEY
FIRST AMENDMENT TO GROUND LEASE
This First Amendment to Ground Lease (the "Amendment") is made and entered into
effective as of October , 2020, by and between 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 ("Landlord"), and JKM TV C, LLC, a Florida limited liability
company ("Tenant").
BACKGROUND
On July 10, 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.
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,when Alan J. Polin, P.A. was unable to serve.
Landlord and Tenant entered into that certain Ground Lease with an effective date of June
22, 2018, regarding portions of real property located in Tamarac, Florida, commonly known as
"Tamarac Village" (the "Lease"). Landlord and Tenant have agreed to amend the terms and
provisions of the Lease as more particularly set forth herein.
Agreement
1. Recitals. The above recitals are true and correct and are incorporated herein by
reference. Capitalized terms which are not defined in this Amendment shall have the same
meaning as defined in the Lease.
2. Amendment to Exhibit "A". Following the recording of a plat underlying the
Property described in the Lease, Landlord and Tenant have agreed to revise the legal description
of the Property. Landlord and Tenant hereby agree that Exhibit"A" of the Lease is deleted in its
entirety and replaced with Exhibit"A" attached hereto and made a part hereof.
3. Amendment to Section 20. Section 20 of the Lease is hereby deleted in its entirety
and replaced with the following:
"SECTION 20. Commercial Parcel Options.
"20.1 Notice of Option. On or before 5:00pm December 22,2021 (forty-two (42)
months from the Commencement Date of this Lease),Tenant shall advise Landlord
in writing (the "Commercial Parcel Notice") that it has elected not to develop the
Property as contemplated as of the Effective Date. Landlord shall have ninety(90)
calendar days following receipt of the Commercial Parcel Notice to advise Tenant
in writing (the "Commercial Parcel Election") either (i) that Landlord intends to
terminate this Lease (the "Commercial Termination Option"), , or that (ii) Will
allow Tenant to amend the Site Plan to develop the Property pursuant to a plan of
{00404648.1 2704-9499236}1
development as agreed upon by both Landlord and Tenant within the ninety (90)
day Commercial Parcel Election Period, which may include (subject to applicable
law), without limitation, for multi-family residential or other residential purposes
(the"Commercial Repositioning Option"). If Landlord does not timely deliver the
Commercial Parcel Election to Tenant, Landlord shall be deemed to have elected
the Commercial Termination Option as to the last date of such ninety(90) calendar
day period.
"20.2 Commercial Termination Option. In the event the Landlord elects the
Commercial Termination Option, then both the Landlord and Tenant shall enter
into a termination of this Lease; such termination shall not impose any additional
costs,obligations,or liabilities upon Tenant. The parties shall agree to execute such
termination of this Lease no later than forty-five (45) calendar days subsequent to
the date of Landlord's Commercial Parcel Election. The failure to do so shall
nevertheless result in a termination of the Lease. Thereafter, within thirty (30)
calendar days following receipt of the Commercial Parcel Election, Tenant shall
remove any personal property remaining upon the Property. For the avoidance of
doubt, upon election of the Commercial Termination Option, this Lease shall only
terminate with respect to the Property, and any other lease between the Landlord
and any affiliate of Tenant shall continue in full force and effect with respect to the
property leased pursuant to such other leases.
"20.3 Commercial Repositioning Option. If Landlord elects the Commercial
Repositioning Option,then Tenant shall have the right to timely seek all approvals,permits
and licenses deemed by Tenant to be necessary or advisable in connection with the
development of the Property. Landlord agrees to execute all consents and other documents
requested by Tenant in connection with seeking such approvals and to otherwise cooperate
with Tenant in obtaining all licenses,platting and zoning approvals, and other permits and
governmental approvals as may be necessary or required for the development of the
Property in accordance with Tenant's intended use."
4. Counterparts. Landlord and Tenant hereby agree that this Amendment may be
executed in one or more counterparts, each of which shall be deemed to be an original, but all of
which shall constitute one and the same instrument.
5. Conflict and Ratification. In the event of any conflict between the terms of the
Lease and the terms of this Amendment, the terms of this Amendment shall control. Except as
amended and modified herein,the remaining terms and provisions of the Lease shall remain in full
force and effect as originally set forth therein.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE(S).]
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IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first
set forth above.
WITNESSES: LANDLORD:
Howard Steinholz., as Co-Trustee under
Name: the Declaration of Appointment of Co-
Trustee dated April 13,2016 of the
Tamarac Land Trust Agreement
dated July 10,2013
By:
Name: Howard Steinholz, as Co-Trustee
TENANT:
JKM TV C,LLC,
a Florida limited liability company
Name:
By: JKM Tamarac Village, LLC,
a Florida limited liability company,
Name: its Manager
By: JK Village
Tamarac Villa e
Capital, LLC, a Florida
limited liability company,
its Manager
By:
Adam P. Freedman,
Manager
(00404648.1 2704-9499236}3
Exhibit"A"
Legal Description of the Property
Parcels C-1 and C-2 of the Plat of Tamarac Village, recorded at Plat Book 183, Page 348, of the
Official Records of Broward County,Florida.
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