Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-138Temp. Reso #9394 May 8, 2001 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-138 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 EQUITY RESIDENTIAL PROPERTIES MANAGEMENT CORP., FOR THE WESTWOOD PINES 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, Equity Residential Properties Management Corp., ("OWNER") is requesting permission for the use of remetering at the Westwood Pines Apartments ("PROPERTY) located at 7654 Westwood Drive; 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 #9394 May 8, 2001 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 WHEREAS, it is the recommendation of the Director of Utilities that the Remetering Agreement be accepted and executed with Equity Residential Properties Management Corp., for remetering of the Westwood Pines 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 Equity Residential Properties Management Corp., to permit remetering of the Westwood Pines Apartments for the allocation of the direct cost of water and sewer services among multiple users. n Temp. Reso #9394 May 8, 2001 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 Equity Residential Properties Management Corp., (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 #9394 May 8, 2001 4 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 23" day of May, 2001. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RES011JTIIDN as to form. MITCHELL CITY ATT RG/kw/mg JOE SCHREIBER ` MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER ( tic, DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN� DIST 3: V/M SULTANOF �. DIST 4: COMM. ROBERTS 1 "EXHIBIT A" THIS AGREEMENT is made and entered into this -4 0' day of QpRi 2001 and between the City of Tamarac, a municipal corporation with principal offices located at 7525 NW 881" Avenue, Tamarac, FL 33321 (hereinafter called "CITY") and Equity Residential Properties Management Corp., a Delaware corporation with principal offices located at Two North Riverside Plaza, Suite 400, Chicago, IL 60606, (hereinafter called "OWNER"), to provide for remetering of water meters on the property known as Westwood Pines Apartments, located at 7654 Westwood Drive, Tamarac, Florida 33321 (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 Westwood Pines Apartments; 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. 2 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. 881h 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: Equity Residential Properties Management Corp Two North Riverside Plaza, Suite 400 Chicago, IL 60606 Attention: Art Mason, Vice President 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 Equity Residential Properties Management Corp., through Art Mason, its Vice President duly authorized to execute same. 3 ATTEST: - Marion Swensen, CMC itA Corporate Secretary Type/Print Name and Title (Corporate Seal) CITY OF TAMARACK J96,/ chreiber, Mayor Date: effr er Cit anager Westwood Pi s Apartments: Vice -President Equity Residential Properties Management Corp. Art Mason, Vice President Type/Print Name and Title Address Z N. Ahle-o"i464 JQ AZA Sv,m 4vo C."fc 60,10 Zc b063 v Date: 4.3 0 . o 1 Equity Residential Properties Management Corp. CERTIFIED RESOLUTION I, Lisa Currie, Secretary of Equity Residential Properties Management Corp., a Delaware corporation, do hereby certify that the following Resolution was duly adopted at a meeting of the Board of Directors of said corporation duly called and held on 7-w , during which a quorum of Directors was in attendance and acting throughout, and that such Resolution has not been amended or rescinded and is in full force and effect on the date hereof. RESOLVED, that all contracts, leases, deeds, agreements with governmental agencies, mortgages, satisfaction pieces of mortgages, releases and assignments of mortgages, releases and satisfactions of judgments and any and all other instruments and documents necessary in or which pertain to the business of the company shall be executed and acknowledged on behalf of the company by the President or any Vice President and that the corporate seal shall be affixed thereto and attested by the Secretary or any Assistant Secretary and the execution and delivery of such papers by such officers shall be considered as evidence of the company's approval of the specific transaction and of the authority of such officers to execute, acknowledge and deliver such papers in connection therewith. I FURTHER CERTIFY that Art Mason is a Vice President of the Corporation and as such, is authorized to sign documents on behalf of the Corporation. WITNESS my hand and the seal of said Corporation this day of , p Y 2001. Lisa Currie, Secretary STATE OF COUNTY OF a Sworn to and subscribed before me this day of , 2001, by Lisa Currie, Secretary of Equity Residential Properties Manage ent Corp., a Delaware corporation, on behalf of the Corporation. He/She is personally known to me and did not take an oath. OFFICIAL SEAL JENNIFER REN�ILLINOIS H (Jot6Public, State of NOTARY PUBLIC, STATE OF MY coMMISSION EXPIRES:02111/03 , q q ,C - , n s�^4A/liAhw