HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-021•
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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.
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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
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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
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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�- -.
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who has produced
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