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Home My WebLink AboutCity of Tamarac Resolution R-99-252Temp. Reso #8731, August 25, 1999 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99- cQ5c9- 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 ARCHSTONE COMMUNITIES FOR CAMERON GARDENS TO ALLOW REMETERING OF 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, Archstone Communities ("OWNER") is requesting permission for the use of remetering at Cameron Gardens ("PROPERTY); 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 L Temp. Reso #8731, August 25, 1999 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 Archstone Communities for remetering of Cameron Gardens; 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 Archstone Communities, to permit remetering of Cameron Gardens for the allocation of the direct cost of water and sewer services among multiple users. Temp. Reso #8731, August 25, 1999 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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 exercise a Remetering Agreement with Archstone Communities (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. I 1 Temp. Reso #8731, August 25, 1999 4 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. n 91 PASSED, ADOPTED AND APPROVED this C?o2 ~day of 1999. ATTEST: CAROL GOLD, MC/AAE CITY CLERK I HEREBY CERTIFY that I hive app.rQved this RESOLUTPN as 11TCHELL S. J<RAFT CITY ATTORNEY AMmr-7M.FIVIMa r• JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE MAYOR_ SCHREIBER DIST 1: CoMM. Po ER DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: __- COMM. ROBERT!q . REMt=TERING AGREEMENT 0 THIS AGREEMENT is made and entered into this 11 day of )Jt-� , 1999, by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 NW 881" Avenue, Tamarac, FL 33321 (hereinafter "CITY") and Archstone Communities (hereinafter "OWNER"), to provide for remetering of water meters on the property known as Cameron Gardens, located at 8090 N.W 96 Terrace, Tamarac, 33321 (hereinafter "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 Cameron Gardens; 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 Coue 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 surchar es ireCt costs df _ 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 -a and phone number of the appropriate OWNER's representative to whom where billing inquiries can be directed. 0 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 AGRREEMENT. 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 . 4-W Rcssid"t, duly authorized to execute same. ATTEST: Carol Gold, CMC E City Clerk d as to form Mitchell S. Kraft, City W/L o L4��a4 C r to ecretary Jeffrey A. Klopt, Secretary Type/Print and Title (Corporate Sea]) ncy: CITY OF TAMARAC oe Schreiber, Mayor Date: �1 Jeffrey L. ,Miller City Manager Cameron Gardens: President Type/Print Nam and Title Date: `7 °` • �J Incumbencv Certificate 1, Jeffrey A. Klopf, the duly elected and qualified Secretary of Archstone Communities Trust, a Maryland real estate investment trust (the "Trust"), do herebv certify as follows: The following named individual is a duly elected and qualified officer of the Trust. as of the date hereof, and the signature set opposite his respective name and title is his true and authentic signature: Name Title Specimen Signature Scott W. Baad Vice President IN WITNESS WHEREOF, I have hereunto signed my name as of the 27th day of July, 1999. 044, 0 /� -A� Jef frejAl K161# Secretary and Senior Vice President