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.
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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.
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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
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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
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"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.
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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.
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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
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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
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