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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-240Temp. Reso #10272 October 9, 2003 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- o2q--�) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A REMETERING AGREEMENT WITH TAMARAC APARTMENTS, L.L.C., FOR THE LEXINGTON ON THE GREEN APARTMENTS TO ALLOW REMETERING OF THE WATER SERVICE FOR THE PURPOSE OF ALLOCATION OF THE DIRECT COST OF WATER AND SEWER SERVICE AMONG MULTIPLE USERS SUBJECT TO THE TERMS OF THE APPLICABLE DEVELOPER'S AGREEMENT AND IN ACCORDANCE WITH CITY CODE SECTION 22-30, "LIMITATIONS OF USE"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Tamarac Apartments, L.L.C., ("OWNER") is requesting permission for the use of remetering at the Lexington on the Green Apartments ("PROPERTY") located at 5700 Rock Island Road; and WHEREAS, the City consents to the use of remetering on subject PROPERTY, subject to the limitations set forth in Section 22-30 of the City Code and the Water and Sewer Developer's Agreement for the PROPERTY; and WHEREAS, the OWNER is responsible for the cost of the installation of all water submeters and associated plumbing; and Temp. Reso #10272 October 9, 2003 2 WHEREAS, the use of submeters shall be limited to the purpose of allocating the direct cost of water and sewer service among multiple users; and WHEREAS, the OWNER will read the meters on a periodic schedule and use the readings to determine the water use among the owners' lessees, tenants, and others who shall be lawfully entitled to receive same; and WHEREAS the OWNER is strictly prohibited from adding additional fees or surcharges to the direct costs of the water and sewer services to the PROPERTY; and 1 WHEREAS, it is the recommendation of the Director of Utilities that the Remetering Agreement be accepted and executed with Tamarac Apartments, L.L.C., for remetering of the Lexington on the Green Apartments; 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 execute the Remetering Agreement with Tamarac Apartments, L.L.C., to provide for remetering of the Lexington on the Green Apartments for the allocation of the direct cost of water and sewer services among multiple users. Temp. Reso #10272 October 9, 2003 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: 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. SECTION 2: The appropriate City Officials are authorized to accept and execute a Remetering Agreement with Tamarac Apartments, L.L.C., providing for remetering of the water service for the purpose of allocation of the direct cost of water and sewer service among multiple users (a copy of which is attached hereto as "Exhibit A"). 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, 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. 1 Temp. Reso #10272 October 9, 2003 4 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 22nd day of October, 2003. ATTEST: f � MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCH LL Si' �T CITY ATTP RG/KW/mg JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER� DIST 2: COMM. FLANSBAUM-TALABISCQ DIST 3: COMM. SULTANOF e... DIST 4: V/M ROBERTS �/ %t' eel F.cI 1 1 1 "EXHIBIT A" TR #10272 REMETERING AGREEMENT THIS AGREEMENT is made and entered into this ?-� day of 2003 and between the City of Tamarac, a municipal corporation with principal offices located at 7525 NW 88th Avenue, Tamarac, FL 33321 (hereinafter called "CITY") and Tamarac Apartments LLC, a Florida Limited Liability Company corporation with principal offices located at c/o CIGNA Investments, _ Inc., 280 Trumbull Street, H-11 H, ,Hartford, CT, 06103, (hereinafter called "OWNER"), to provide for remetering of water meters on the property known as Lexington on the Green, located at 5600 Rock Island Road, Tamarac, Florida (hereinafter called "PROPERTY"). WHEREAS, the City Commission of the City of Tamarac passed Ordinance 0-97-7 which allows a property owner, upon the City's express approval, to install individual water meters for multiple users, referred to as remetering, to separately bill each water customer based on his/her actual consumption; and WHEREAS, OWNER is the owner of PROPERTY described as Lexington on the Green; and WHEREAS, OWNER desires to install individual water meters for each user (hereinafter "submeters") on the PROPERTY; NOW, THEREFORE, in consideration of the terms and conditions, provisions, covenants and promises hereinafter set forth, the Parties agree that: 1. The foregoing Whereas clauses are true and correct and incorporated herein by reference. 2. The City consents to the use of remetering on subject PROPERTY, subject to the limitations set forth in Chapter 22 of the Tamarac Code, as amended, any limitations set forth in the Water and Sewer Developer's Agreement for the PROPERTY, and any limitations set forth in any Federal, State and/or local law or Administrative Rule. 3. OWNER is responsible for the cost of the installation of all water submeters and associated plumbing. 4. The use of submeters shall be limited to the purpose of allocating the direct cost of water and sewer service among multiple users, as provided in Tamarac Code section 22-30, as amended. 5. OWNER will read the submeters on a periodic schedule and use the readings to determine the water use among the owners' lessees, tenants, and others who shall be lawfully entitled to receive same. 6. OWNER is strictly prohibited from adding additional fees or surcharges to the direct costs of the water and sewer services to the PROPERTY. The CITY reserves the right to audit the prorated bills distributed to the tenants to verify that the aggregate amount charged to the tenants is not greater than the direct amount charged to the OWNER by the CITY. OWNER agrees to supply billing information to the CITY as requested. 7. OWNER shall distribute information regarding the remetering to all tenants who receive distributed utility bills. Included in that information will be the name and phone number of the appropriate OWNER's representative to whom where billing inquiries can be directed. 8. OWNER shall abide by the provisions set forth in Chapter 22 of the Tamarac Code, as amended, the Water and Sewer Developer's Agreement for the PROPERTY, and any Federal, State of Florida and/or local law or Administrative Rule. 9. This AGREEMENT can be revoked at any time by CITY for failure to comply with any provision of this AGREEMENT. 10. This agreement shall be governed by the laws of the State of Florida as are now and hereinafter in force. The venue for actions arising out of this Agreement is fixed in Broward County, Florida. 11. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by overnight carrier to the following addresses: Organization: City of Tamarac 7525 N.W. 88th Avenue Tamarac, Florida 33321-2401 Attention: City Manager With Copy to: City of Tamarac 7525 N.W. 88th Avenue Tamarac, Florida 33321-2401 Attention: City Attorney With Copy to: City of Tamarac 6001 Nob Hill Road Tamarac, Florida 33321-2401 Attention: Utilities Director With Copy to: Cigna Investments, Inc. 280 Trumbull Street H-11H Hartfgrd, CT 06103 Attention: Asset Management IN WITNESS WHEREOF, the parties have made and executed this Remetering Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and City Manager and , through , its , duly authorized to execute same. CITY OF TAMARAC Joe Schreiber, Mayor ATTEST: i Marion Swenson, CMC City Clerk Approvdd as f m .n7legsufficiency: Mitchell S. Kr/Aft, ty &orney Corporate Secretary Date: v 7 r 3 �JeffrdyL. Miller JCity Manager Lexington on the Green 5000 Rock Island Road Tamarac, Florida (Name of Apartments) �-s/ ���c:..�_ /J r �-mac:'-�`.�,,� i•Yrz�1 PFegide WIWAM S. WOODSOME VICE PRESIDENT Type/Print Name and Title Type/Print Name and Title (Corporate Seal) Please refer to"Certification Connecticut Address General Life Insurance Company" signature authority OWNER a Cigna Investments, Inc. By: Tamarac Apartments LLC 260 Trumbull Street H-11H By: CG Tamarac, LLC, its manager Hartford, CT 06103 By: Connecticut General Life Insurance Co, on Behalf of its Seperate Account Attention; Asset Management 4628RE, its sloe member. By: Cigna Investments, Inc., its authority signature Date: `7 4 15 6' CERTIFICATION CONNECTICUT GENERAL LIFE INSURANCE COMPANY The undersigned, a duly elected Assistant Corporate Secretary of Connecticut General Life Insurance Company does hereby represent and certify that the following resolutions were adopted by the Board of Directors of the Company at a meeting held on August 14, 2001, a quorum being present; and such resolutions remain unmodified and in full force and effect as of the date hereof: Appointment of TimesSquare Capital Management, Inc. RESOLVED: That TimesSquare Capital Management, Inc., and each of its officers, acting singly, are hereby authorized, empowered and appointed to execute on behalf of any one or more of the separate accounts of Connecticut General Life Insurance Company (hereinafter referred to as the "Separate Accounts") and in the name of any one or more of the Separate Accounts, any and all documents and instruments which any such officer deems necessary or appropriate regarding the acquisition, holding, or disposition (including, without limitation thereon, the assignment, sale or transfer) of any investment made on behalf of any Separate Account, including, but not limited to, purchase agreements, mortgages, deeds of trust, easements, conveyances, deeds, encumbrances of any type, and releases, and amendments or changes to any such documents and instruments, the execution of any such document or instrument or amendment thereto by such officer to be good and sufficient evidence that such officer deems such document, instrument or amendment to be necessary or appropriate. RESOLVED: That the officers of TimesSquare Capital Management, Inc., and each of them, acting singly, are hereby authorized and empowered to appoint one or more individuals or entities as their designees to effectuate the purposes of the foregoing resolution, the execution of any such document or instrument or amendments thereto by such individual or entity to be good and sufficient evidence that such individual or entity deems such document, instrument, or amendment to be necessary or appropriate. Dated: Pamela S. Wi liams Assistant Corporate Secretary DESIGNATION OF PARTIES FOR THE EXECUTION OF DOCUMENTS AND INSTRUMENTS The undersigned, a duly elected Senior Managing Director of TimesSquare Capital Management, Inc., pursuant to a Resolution adopted by the Board of Directors of Connecticut General Life Insurance Company on August 14, 2001, does hereby designate CIGNA Investments, Inc. and each officer of CIGNA Investments, Inc. to execute any and all documents and instruments and amendments and changes to such documents and instruments ("Documents") which such entity or officer executing the same may deem appropriate regarding the acquisition, holding, or disposition of any investment made for or owned by any one or more of the separate accounts of Connecticut General Life Insurance Company, including but not limited to purchase agreements, mortgages, deeds of trust, easements, conveyances, deeds, encumbrances of any type, and releases and amendments or changes to any such documents, the execution of any document being good and sufficient evidence that such entity or officer deems the document to be appropriate. Dated this day of p Z4, ��", 0 0 - William C. Carlson Senior Managing Director INCUMBENCY CERTIFICATE TIMESSQUARE CAPITAL MANAGEMENT, INC. The undersigned, Secretary of TimesSquare Capital Management, Inc. (the "Company"), does hereby represent and certify that William C. Carlson is a Senior Managing Director of the Company, and holds such office as of the date hereof. Signed this / `/ `T day of 547 r.- , 7 m- J,=, a.n. off. Susan L. Cooper Secretary 2-CC- INCUMBENCY CERTIFICATE CIGNA INVESTMENTS, INC. The undersigned, Assistant Secretary of CIGNA Investments, Inc. (the "Company"), does hereby certify that the persons whose names appear on the attached list are the current officers of the Company, with the titles shown opposite their respective names, having been elected to such positions by the Board of Directors of the Company. Signed this I '? day of Pamela S. Williams Assistant Secretary CIGNA INVESTMENTS, INC. DAVID P. MARKS PRESIDENT WILLIAM C. CARLSON SENIOR MANAGING DIRECTOR MARY LOUISE CASEY SENIOR MANAGING DIRECTOR RICHARD H. FORDE SENIOR MANAGING DIRECTOR KEITH A. GOLLENBERG SENIOR MANAGING DIRECTOR EDWARD LEWIS SENIOR MANAGING DIRECTOR FRANK SATALINE, JR. SENIOR MANAGING DIRECTOR MICHAEL J. BACEVICH MANAGING DIRECTOR MARGUERITE A. BOSLAUGH MANAGING DIRECTOR DAVID M. CASS MANAGING DIRECTOR ROSEMARY C. CLARKE MANAGING DIRECTOR ROBERT F. DELUCIA MANAGING DIRECTOR MICHAEL Q. DOYLE MANAGING DIRECTOR ROBERT W. ECCLES MANAGING DIRECTOR JOHN G. EISELE MANAGING DIRECTOR ROBERT FAIR MANAGING DIRECTOR JOHN P. FEENEY MANAGING DIRECTOR DENNIS P. HANNIGAN MANAGING DIRECTOR DEBRA J HEIGHT MANAGING DIRECTOR THOMAS J. KEENE MANAGING ➢IRECTOR STEPHEN KINDL MANAGING DIRECTOR JAMES R. LAGASSE MANAGING DIRECTOR PAUL T. MARTIN MANAGING DIRECTOR KAREN A. NISTA MANAGING DIRECTOR STEPHEN A. OSBORN MANAGING DIRECTOR ANTHONY J. PIERSON MANAGING DIRECTOR THOMAS J. PODGORSKI MANAGING DIRECTOR DONALD F. RIEGER, JR_ MANAGING DIRECTOR PETER F. ROBY MANAGING DIRECTOR JOHN A. $HAW MANAGING DIRECTOR PHILIP SPAK MANAGING DIRECTOR WILLIAM A. TAYLOR MANAGING DIRECTOR PATRICK H. THOMPSON MANAGING DIRECTOR GEORGE VARGA MANAGING DIRECTOR VICTOR J. VISOCKIS, JR MANAGING DIRECTOR HENRY C. WAGNER, III MANAGING DIRECTOR DEBORAH WIACEK MANAGING DIRECTOR JEAN M. ANDERSON SENIOR VICE PRESIDENT HELEN K. FRYE SENIOR VICE PRESIDENT ANN MARIE O'ROURKE SENIOR VICE PRESIDENT JEAN H. WALKER SENIOR VICE PRESIDENT, FINANCE CLIFFORD M. ABRAMSKY VICE PRESIDENT THOMAS P. AU VICE PRESIDENT JOHN D. CAREY VICE PRESIDENT PAUL A. CHAMPAGNE VICE PRESIDENT JOHN P. CONNOR VICE PRESIDENT MARYANN P. DEPREAUX VICE PRESI➢ENT KIM L. DIPIETRO VICE PRESIDENT JONATHAN S. FRANKEL VICE PRESIDENT AMY E. HATFIELD VICE PRESIDENT LORI E. HOPKINS VICE PRESIDENT Page 1 of? CIGNA INVESTMENTS, INC. STEVEN F. JACOBS MARGARET KEELEY TRACY L. LABONTE DEAN M. MOLINARO LINDA L. MOREL PAMELA S. PECK MICHAEL J. RICCIO TIMOTHY F. ROBERTS KEVIN W. SCHMITT JOHN R. SCHUMANN CATHERINE A. SCHUSTER STEPHEN C. STACHELEK MINDY J. SULLIVAN MARIE E. SWARTZWELDER PAMELA J. THOMPSON CAREY A. WHITE WILLIAM S. WOODSOME RONALD P. GLAZIER ROBERT S. HOUSE GEORGE L. PALMS JR. JEFFREY M. WEINMAN SUSAN L. COOPER VALLERIE A. ATWOOD BRUCE P. CHAPIN ANDREA B. DANIELS BRUCE A. DOUGLAS MARK B. LEACH KATHRYN PIETROWIAK CAROL TULLY PAMELA S. WILLIAMS JEFFREY S. WINER VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT COMPLIANCE OFFICER VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT ASSISTANT VICE PRESIDENT ASSISTANT VICE PRESIDENT ASSISTANT VICE PRESIDENT ASSISTANT VICE PRESIDENT TREASURER SECRETARY ASSISTANT SECRETARY ASSISTANT SECRETARY ASSISTANT SECRETARY ASSISTANT SECRETARY ASSISTANT SECRETARY ASSISTANT SECRETARY ASSISTANT SECRETARY ASSISTANT SECRETARY ASSISTANT SECRETARY Page 2 Of 2 Dated as of: September 12, 2003.