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
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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.
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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
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"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
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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
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Dated as of: September 12, 2003.