HomeMy WebLinkAboutCity of Tamarac Resolution R-98-306Temp. Reso # 8413
10/2/98
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-98-
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 UNITED
DOMINION REALTY TRUST, INC., FOR UNIVERSITY CLUB
APPARTMENTS 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, United Dominion Realty Trust, Inc. ("OWNER") has requested approval
(attached hereto as Exhibit A) of the use of remetering at the University Club Apartments
("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
Temp. Reso # 8413
10/2/98
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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 United Dominion Realty Trust,
Inc. for remetering of the University Club 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 United Dominion Realty Trust, Inc., to permit remetering of
the University Club Apartments for the allocation of the direct cost of water and sewer
services among multiple users;
Temp. Reso # 8413
10/2/98
Page 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 United Dominion Realty Trust, Inc. (attached hereto as
Exhibit B).
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 # 8413
1 p/2/98
Page 4
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this/-� day of 1 �' " , 1998.
ATTEST:
CAROL GOL MC/AAE
CITY CLERK
I HEREBY CERTIFY that I ve
ap o d th�)RESOI U ON as
k form /1
MITCHELL SJ"AFT
CITY ATTORNEY
IBUIRMAUNTE. , I
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE
MAYOR
SCHREIBER
DIST 1:
COMM. McKAYE l_
DIST 2:
VIM N�0SHKIN_
DIST 3:
CONAM. SULTANOF
DIST 4:
COMM. ROBERTS
I.
OCT-06-98 TUE 03:30 PM
V
REMETERING AGREEMENT
Exhibit B
Temp. Reso. #8413
THIS AGREEMENT is made and entered into this ILI r( day of
tiQJv , 1998, by and between the City of Tamarac, a municipal
corporation with principal offices located at 7525 NW 88th Avenue, Tamarac,
FL 33321 (hereinafter "CITY") and United Dominion Realty Trust,
(hereinafter "OWNER) a Virginia corporation with principal offices located at
10 S. 6th Street, Richmond, VA 23219, to provide for remetering of water
meters on the property known as University Club Apartments, located at
8171 N. University Drive, Tamarac, Florida (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
University Club 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.
Remetering Agreement Page 1 of 3
OCT-06-98 TUE 03:30 PM P.03
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.
7. OWNER shall distribute information regarding the remetering to all
tenants who receive submetered utility bills from OWNER. 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 may be revoked at any time by CITY for OWNER'S
failure to comply with any provision of this Agreement. OWNER shall be
liable for any attorneys' fees and costs incurred by CITY due to OWNER'S
failure to comply with the terms of this Agreement.
(The remainder of this page intentionally left blank)
Remetering Agreement Page 2 of 3
OCT-06-98 TUE 03:31 PM P.04
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 United Dominion Realty Trust signing
by and through its Officer, JvA,r S. .s R duly authorized to
execute same.
ATTEST:
U
Carol Gold, jj/AAE
City Clerk
as to form and 1,4al sufficiency:
Mitchell S. Kraft, Ci
Senior Vice Presic ant v--S -
Type/Print and Title
(Corporate Seal)
CITY OF TAMARAC
oe Schreiber, Mayor
Date: Zo • .2 1.
1 �,n�
rt S. Noe, Jr.,
City Manager
United Dominion Realty
Trust: tNC,= ,
111i icer John S. Schneider
Executive Vice President/Chief Operating Officer
Type/Print Name and Title
Date: October 6 1998
Remetering Agreement Page 3 of 3
UNITED DOMINION REALTY TRUST, INC.
Incumbency Certificate
I, the undersigned Katheryn E. Surface, the duly elected secretary of UNITED DOMINION
REALTY TRUST, INC., a Virginia corporation ("UDRT"), do hereby certify the following:
The persons named below are the duly elected and qualified incumbents of the offices of
UDRT and its subsidiaries appearing at the left of their respective names, and their signatures
appearing at the right of their respective names are their genuine signatures.
Title
Executive Vice President
Senior Vice President
and Secretary
Assistant Vice President
1998.
Name
John S. Schneider
Katheryn E. Surface
Thomas A. Spangler
Signature
IN WITNESS WHEREOF, I have hereunto affixed my signature this! day of October,
[SEAL]
-1-
I, the undersigned John S. Schneider, the duly qualified and elected Executive Vice President,
do hereby certify that Katheryn E. Surface is the duly elected Secretary of the Company and, as such,
is authorized to execute the above Certificate on behalf of the Company.
IN WITNESS WHEREOF, I have hereunto affixed my signature thiX day of October,
1998.
g:\corporat\secretar\incumben\su bmeter
10/7/98 (dcd)
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S. Sclineider, Executive Vice President
UNITED DOMINION REALTY TRUST, INC.
Incumbency Certificate
I, the undersigned Katheryn E. Surface, the duly elected secretary of UNITED DOMINION
REALTY TRUST, INC., a Virginia corporation ("UDRT"), do hereby certify the following:
The persons named below are the duly elected and qualified incumbents of the offices of
UDRT and its subsidiaries appearing at the left of their respective names, and their signatures
appearing at the right of their respective names are their genuine signatures.
Title
Executive Vice President
Senior Vice President
and Secretary
Assistant Vice President
1998.
Name
John S. Schneider
Katheryn E. Surface
Thomas A. Spangler
Signature
IN WITNESS WHEREOF, I have hereunto affixed my signature this /Thday of October,
[SEAL]
-1-
1, the undersigned John S. Schneider, the duly qualified and elected Executive Vice President,
do hereby certify that Katheryn E. Surface is the duly elected Secretary of the Company and, as such,
is authorized to execute the above Certificate on behalf of the Company.
IN WITNESS WHEREOF, I have hereunto affixed my signature this *-day of October,
1998.
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10/7/98 (dcd)
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S. Schneider, Executive Vice President