The URL can be used to link to this page

Home My WebLink AboutCity of Tamarac Resolution R-2003-0731 I� Temp. Reso #10076 March 17, 2003 1 Revision 1, April 1, 2003 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003-_a 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 ST. ANDREWS AT KINGS POINT, TAMARAC, LTD., FOR THE ST. ANDREWS AT KINGS POINT 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, St. Andrews at Kings Point, Tamarac, Ltd., ("OWNER") is requesting permission for the use of remetering at the St. Andrews at Kings Point Apartments ("PROPERTY") located at Nob Hill Road and NW 80th Street; 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 #10076 March 17, 2003 2 Revision 1, April 1, 2003 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 WHEREAS, it is the recommendation of the Director of Utilities that the Remetering Agreement be accepted and executed with St. Andrews at Kings Point, Tamarac, Ltd., for remetering of the St. Andrews at Kings Point 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 St. Andrews at Kings Point, Tamarac, Ltd., to provide for remetering of the St. Andrews at Kings Point Apartments for the allocation of the direct cost of water and sewer services among multiple users. Temp. Reso #10076 March 17, 2003 3 Revision 1, April 1, 2003 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 St. Andrews at Kings Point, Tamarac, Ltd., 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. J Temp. Reso #10076 March 17, 2003 4 Revision 1, April 1, 2003 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 9th day of April, 2003. ATTEST: � f MARION SWENSON, C CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. RG/KW/mg JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM- LABISCO DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS 1 1 "EXHIBIT A" TR #10076 REMETERING AGREEMENT THIS REMETERING AGREEMENT (hereinafter called "AGREEMENT") is made and entered into thisday of (. , 2003, by and between the City of Tamarac, a municipal corporation of the State of Florida, with principal offices located at 7525 NW 88th Avenue, Tamarac, FL 33321 (hereinafter called "CITY"), and St. Andrews at Kings Point, Tamarac, Ltd., a Florida limited partnership, with principal offices located at c/o The Related Group of Florida, Inc., 2828 Coral Way, Penthouse 1, Miami, FL 33145 (hereinafter called "OWNER"), to provide for remetering of water meters on the property known as St. Andrews at Kings Point (Parcel H, Kings Point Replat), located at Nob Hill Road and N.W. 80th Street (hereinafter called "PROPERTY"). WHEREAS, the City Commission of the City of Tamarac adopted Ordinance No. 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 the PROPERTY described as St. Andrews at Kings Point (more particularly described in Exhibit "A" attached hereto); 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 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 2 With Copy to: City of Tamarac 6001 Nob Hill Road Tamarac, Florida 33321-2401 Attention: Utilities Director OWNER: St. Andrews at Kings Point, Tamarac, Ltd. c/o The Related Group of Florida, Inc. 2828 Coral Way, Penthouse 1 Miami, FL 33145 Attention: Carlos Rosso With Copy to: Holland & Knight LLP One East Broward Boulevard, Suite 1300 Fort Lauderdale, FL 33301 Attention: Gerald L. Knight, Esq. 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 St. Andrews at Kings Point, Tamarac, Ltd., through TRG-Tamarac, LLC, its general partner, duly authorized to execute same. CITY CITY OF TAMARAC, a municipal corporation of the State of Florida R C"ZJae Schreiber, Mayor Date:__ �dl 0Z0.3 ATTEST: Marion Swenson, CMC ffrey L. Miller City Clerk j -� City Manager /Ap ov 0tyAttorney legal s ff1ic� n U � __,Mit hell- 3 Corporate Secretary Type/Print Name and Title (Corporate Seal) FTLI #619661 v1 I`M ST. ANDREWS AT KINGS POINT, TAMARAC, LTD., a Florida limited partnership By: TRG-T71e LLC, a Floridab' y compaa p Sign Print ROBFRTO S. ROCHA Title EXECUTIVE VICE PRESIDENT Address 2828 Coral Way, Penthouse Miami, Florida 33145 Date March 14 , 9003 4 ar. +arrr,. r.ni wnw. �:os.•.. rawau•.awnpiral•wnu. vwu,�^a .urn. A o Y 1Wnq tM/M!d■ rL' �i''MI11sn{YMoff"r.wMe,r Av7d3v Imsod sourx'.u. 73.oFlVdY:loat/ It �It t''j�jt kq J•i„ 1 1 ' r, .r~M :� e.l.xfll aFf �i� s n! x :�1 •JL +il � 71 j 1!� 2li�t ' R ' ` U .r ;wh �y;) y•I.r .fir, fA� � ( J ^�,' �i'►.11 aJ�li((r:P.(�R(7J [v.A 4�1Il :IlII ••e ''•�•�.;rIIIII(II�IIIPfI�sy��I��I�Iii�II , I :I q p 1 •`• l J ! 1[ 11; - y4A % R.'i "'All A T T U ]1 N E Y S A T L A W I � fl U fl I G Joel K. Goldman 305-579-0928 Fax: 305-961-5828 E-mail• GOLDMANJ@G'1'LAW.COM March 14, 2003: City of Tamarac 7525 N.W. 88th Avenue Tamarac, Florida 33321. Re: St. Andrews at Kings Point, Tamarac, Ltd. (the "Partnership") Ladies and Gentlemen: Our firm serves as counsel to the Partnership, and I am duly licensed to practice law in the State of Florida. I have reviewed that certain Agreement of Limited Partnership of St. Andrews at Kings Point, Tamarac, Ltd. dated as of September 26, 2002 (the "Partnership Agreement"). The managing general partner of the Partnership is TRG-Tamarac, LLC, a Florida limited liability company ("Managing GP"). Pursuant to the terms of the Partnership Agreement, the Managing GP is vested with the day-to-day management of the Partnership and in this regard, is authorized to execute agreements on behalf of the Partnership which are necessary to accomplish the purposes of the Partnership. Roberto Rocha is a Vice President of the Managing GP. If you have any questions regarding the foregoing, please do not hesitate to call. Sincerely. Joel K. Goldman cc: Gerald Knight, Esq. Carlos Rosso GREENBERO TRAUHIG, P.A. 1.221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305-579-0500 FAX 305-579-0717 www.gtiaw.com MIAMI NEW YORK WASHINGTON, D.C. ATLANTA PHILADELPHIA TYSONS CORNER CIIICAGO BOSTON PI10ENIX WILMINGTON Los ANCELEs DENVER FORT LAUAI':eUALE BOCA RATON WEST PALM BEACH 0111,ANDo TALLAIIA5SEE