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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-021• • Temp. Reso #9247 January 8, 2001 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-21 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 AIMCO/OTC QRS, INC., FOR THE BOARDWALK APARTMENTS TO ALLOW REMETERING 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, AIMCO/OTC QRS, Inc., ("OWNER") is requesting permission for the use of remetering at the Boardwalk Apartments ("PROPERTY) located at 8650 NW 615t 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 0 submeters and associated plumbing; and Temp. Reso #9247 January 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 AIMCO/OTC QRS, Inc., for remetering of the Boardwalk 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 AIMCO/OTC QRS, Inc., to permit remetering of the Boardwalk Apartments for the allocation of the direct cost of water and sewer services among multiple users. • Temp. Reso #9247 January 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 AIMCO/OTC QRS, Inc., (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. Temp. Reso #9247 January 8, 2001 4 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 241" day of January, 2001. ATTEST: ,, -KARMD; q ,ENSON, CMC '. `<< CI -Y CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S.tFT CITY ATTORN Y RG/kw/mg 0, `JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS • • Temp. Reso. #9247 "EXHIBIT A" January 8, 2001 REMETERING AGREEMENT THIS AGREEMENT is made and entered into this c�41LA day of 2006, by and between the City of Tamarac, a municipal corporation with principal offices I cated at 7525 NW 881" Avenue, Tamarac, FL 33321 (hereinafter called "CITY") and AIMCO/OTC QRS, Inc., a Colorado corporation with principal offices located at 2000 South Colorado Boulevard Denver Colorado 80222 (hereinafter called "OWNER"), to provide for remetering of water meters on the property known as Boardwalk Apartments, located at 8650 N.W. 615' Street, Tamarac, 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 Boardwalk 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. Temp. Reso. #9247 January 8, 2001 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. 881" 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: AIMCO/OTC QRS, Inc. 2000 South Colorado Boulevard Denver, Colorado 80222 Attention: Peter K. Kompaniez, 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 JeC-Fft� L. II LLE -, P dent, duly authorized to execute same. Gl j� Mr�r�i Ll L CITY OF TAMARAC e Schreiber, Mayor Date:ldylo o •' Temp. Reso. #9247 January 8, 2001 ATTEST: Marion Swenson, CMC City Clerk "ropedLas form and I sufficiency: i' i hell S. Kraft, Ci Attorney Cor orate Secreta TOEL F BONDER EXECUTIVE VICE PRESIDENT AND GENERAL COUNSEC+-Pa —4k-� Type/P int and Title (Corporate S`3) c v-0 Jeffr Iler City Manager Boardwalk Apartments: /(16f dexcutive V.P./ Co-Fo er AIMCO/OTC QRS, Inc. Steven D. Ira Type/Print Name and Title Address Z I �0 (j, /4I6H1'1AY y3y SoIr� (,It& L J d& W a 0, ICt 32 77� Date: 7121100 7 AFFIDAVIT OF QFFICER AUTHORITY STATE OF COLORADO § COUNTY OF DENVER § The undersigned, Peter K. Kompaniez, President of AIMCO/OTC QRS, Inc being first duly sworn, certifies as follows-. 1. Steven D. Ira is the Executive Vice President of AIMCO/OTC QRS, Inc. 2. Steven D. Ira has the right, power, authority and obligation to manage and conduct the ordinary and usual business and affairs within the scope of his duties and responsibilities as Executive Vice President of AIMCO/OTG QRS, Inc. 3. Steven D. Ira has the right, power, authority and obligation to implement the decisions of AIMCO/OTC QRS, Inc including, but not limited to, thefor the authority and obligation to (1) obtain any and all necessary approvals Boardwalk Apartments located at 8650 NW 61 St., Tamarac, Florida, 33321. from any and all governmental agencies having jurisdiction over the. property, and to conduct any and all discussions approvals, andsuch to execute les all financial 'ng the terms and conditions of such documents required to carry out all such approvals; (ii) to represent Boardwalk Apartments in all financial dealings; (iii) sign any and all necessary agreements for the Boardwalk Apartments from any and all governmental agencies having jurisdiction over the property; FURTHER AFFIANT SAYETH NOT. Under penalties of perjury the undersigned the best f her knowledge a d belief - Seal r FA WITNESS my hand and seal and the seal of said corporation this aZ"'`�day of October, 2000 L Corporate Secretary STATE OF COL._ORADO COUNTY OF DENVER The foregoing intitrument was acknowledged before me this day of _ej�- -. 20 a _, by ,r ,arcemn v n wn o m r as-identiticatu who has produced ;Nota Public -- to of Colorado e, typed or printed:, ; My commission expires_pUw� Nye OFco r Iwwon Explr®►09103124LYf' PLIBOG qj OF.c��-�' My Commission Expires 0910312001