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Home My Public Portal AboutResolution No. 24-050 - Authorizing the City manager to execute a payment plan with Glorietta Apts to resolve teh outstanding water & sewer billsSponsored By: City Manager RESOLUTION NO. 24-050 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PAYMENT PLAN AGREEMENT WITH GLORIETA PARTNERS, LTD TO RESOLVE OUTSTANDING WATER AND SEWER BILLS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, due to outstanding water and sewer bills at the Glorieta Gardens Apartments within the City of Opa-Locka, Florida ("City"), there has been an accumulation of Nine Hundred Seventy -Three Thousand, Six Hundred Eighty -Five Dollars and Sixty -Eight Cents ($973,685.68) in debt owed to the City by Glorieta Partners, LTD; and WHEREAS, over the past year, the City has made significant efforts to recoup the outstanding monies; and WHEREAS, both parties have agreed to enter into a payment plan agreement, attached hereto as Exhibit "A", to amicably resolve the debt. The debtor will pay an initial lump sum of Forty -Eight Thousand, Six Hundred Twenty -Four Dollars and Twenty - Eight Cents ($48,624.28) and remaining monthly payments of Fifteen Thousand, Four Hundred Sixteen Dollars and Sixty -Nine Cents ($15,416.69) for a term of Sixty (60) months commencing on April 1,2024; and WHEREAS, the City reserves the right to enforce the terms of the payment plan agreement in the event of delinquency. Additionally, both parties agree to mutually release and forever discharge the opposing party; and WHEREAS, the City Commission of the City of Opa-Locka finds that it is in the best interest of the City and its residents to authorize the City Manager to execute a Payment Plan Agreement with Glorieta Partners, LTD, attached hereto as Exhibit "A", to resolve outstanding water and sewer bills. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA: SECTION 1. RECITALS The recitals to the preamble herein are incorporated by reference. Resolution No. 24-050 SECTION 2. AUTHORIZATION The City Commission of the City of Opa-Locka hereby authorizes the City Manager to execute a Payment Plan Agreement with Glorieta Partners, LTD, attached hereto as Exhibit "A", to resolve outstanding water and sewer bills. SECTION 3. SCRIVENER'S ERRORS Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors, which do not affect the intent of this Resolution may be authorized by the Interim City Manager, following review by the City Attorney, without need of public hearing, by filing a corrected copy of same with the City Clerk. SECTION 4. EFFECTIVE DATE This Resolution shall take effect upon the adoption and is subject to the approval of the Governor or Governor's Designee. PASSED and ADOPTED this 27th day of March, A EST: a Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: tte Nor is -Weeks, P.A. ttorney John H. rff ylor Jr., Mayor 2 Resolution No. 24-050 Moved by: Commissioner Bass Seconded by: Vice Mayor Ervin VOTE: 5-0 Commissioner Williams YES Commissioner Kelley YES Commissioner Bass YES Vice Mayor Ervin YES Mayor Taylor YES 3 Payment Plan Agreement This Payment Plan Agreement ("Agreement') is entered into as of March 11, 2024, by and between Glorieta Partners, LTD with its principal address located 5910 North Ocean Blvd, Ocean Ridge, FL 33435 ("Debtor"), and the City of Opa-Locka, a municipal entity organized under the laws of the State of Florida, with its principal office located at 780 Fisherman Street, Opa-Locka, FL 33054 ("Creditor" or "City"). Recitals WHEREAS, the Debtor is indebted to the Creditor in the amount of Nine Hundred and Seventy -Three Thousand Six Hundred and Eighty -Five Dollars and Sixty -Eight Cents ($973,685.68) ("Debt Amount") due to as past due payments for the water and sewer bills at Glorieta Apartments in Opa-Locka, Florida. WHEREAS, the Parties desire to enter into an agreement whereby the debt owed will be paid according to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: SECTION 1. Assurances Debtor agrees that it is the owner of record for the above referenced business and agrees to pay Creditor the sum of Nine Hundred and Seventy -Three Thousand Six Hundred and Eighty -Five Dollars and Sixty -Eight Cents ($973,685.68) pursuant to the payment schedule attached hereto as Exhibit "A." Debtor agrees that the agent executing this agreement has full authority to execute on its behalf. Debtor agrees to pay interests of 9.09% on the balance for any amount paid beyond the 5th day of any month. Each payment is due no later than that 1St days of each month commencing April 1, 2024, with the final payment due on November 1, 2025, ensuring full payment. These payments are due and owed for past failure of Debtor to timely pay water utility bills. There shall be no early prepayment penalties if said charges are paid in advance at any time before November 1, 2025. Debtor may elect to pay whatever ending balance is shown outstanding on the payment schedule after paying the most recent payment at any time with no additional expense to the owner. This Agreement is being recorded in the public records of Miami -Dade County, Florida, for the particular purpose of placing all owners and occupants, their successors and assigns, upon notice of the provisions herein contained. Once final payment pursuant to this agreement is received, a Release and Satisfaction of Payment will be recorded to unemcumber the property. If Debtor fails to comply with the terms and conditions of this Agreement, the total amount due less payments prior to the default date, of any additional charges incurred by the City will be payable immediately upon demand. If not paid, the Creditor shall seek a Final Judgment and place a lien on said property upon default of the payment agreement terms. Upon default of the payment agreement terms, the City reserves the right to withhold or disconnect water and sewer service rendered to the property until all indebtedness to the Crty has been paid in full. The amount of prior indebtedness shall be deducted from any refund or credit. Notice of default to the tenants and owners, as applicable, to comply with the terms of this Agreement will occur prior to any legal action. By execution of this Agreement, the owner, and parent companies, give assurances that they/it will become jointly responsible for the outstanding fees if the Debtor owner fails to pay and comply with the payment arrangement. SECTION 2. Payment Plan Debtor agrees to pay the total Debt Amount of Nine Hundred and Seventy -Three Thousand Six Hundred and Eighty -Five Dollars and Sixty -Eight Cents ($973,685.68) to the Creditor over a period of 60 months in the following way: The Debtor agrees to make an initial down payment of Forty -Eight Thousand Six Hundred and Twenty -Four Dollars and Twenty -Eight Cents ($48,624.28). The Debtor agrees that the remaining debt amount of Nine Hundred Twenty Five Thousand and One Dollar and Forty Cents ($925,001.40) shall be paid at a monthly amount of Fifteen Thousand Four Hundred and Sixteen Dollars and Sixty Nine Cents ($15,416.69), payable on the first day of each month, starting April 1, 2024, and continued for a period of sixty (60) consecutive months. SECTION 3. Late Payments In the event of a late payment, the Creditor reserves the right to declare the remaining balance of the Debt Amount immediately due and payable consistent with the Assurances section of this Agreement. SECTION 4. Indemnification Debtor shall indemnify, defend, protect and hold the City harmless against all suits, actions, claims, demand and judgments, and all of the costs, expenses (including reasonable attorney's fees and costs) arising out of, or in connection with (directly or indirectly) any breach or default in the performance of any obligation on the part of Debtor to be performed under this Agreement. SECTION 5. No Transfer This Agreement is not transferable to any successors of Debtor without the express written consent of the City. SECTION 6. Governing Law This Agreement shall be govemed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule. SECTION 7. Entire Agreement This Agreement constitutes the entire agreement between the Parties conceming the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, of the Parties. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first above written. Glorieta Partners, LTD By: Name: Kenneth G Weiss Title: MGR Date: City of Opa-Locka By: Name: Darvin Williams Title: City Manager Date: EXHIBIT "A" PAYMENT SCHEDULE CUSTOMER PAYMENT AGREEMENT SCHEDULE March 27, 2024 Customer Glorieta Partners LTD 5910 North Ocean Blvd Ocean Ridge, FL 33435 Account Number 7963207450 8082997418 1674911185 1692380502 0285466092 9952938168 02995-06 Agreement Balance Initial Payment Adjusted Balance $ 973,685.68 $ 48,624.28 $ 925,061.40 Service Address 13120 Port Said Road 13210 Alexandria Drive 13235 Alexandria Drive 13250 Alexandria Drive 13410 Aswan Drive 13440 Aswan Drive 13200 Alexandria Drive Due Date Payment Balance Due Date Payment Balance Due Date Payment Balance 4/1/24 $ 15,417.69 $ 909,643.71 12/1/25 $ 15,417.69 $ 601,289.91 8/1/27 $ 15,417.69 $ 292,936.11 5/1/24 $ 15,417.69 $ 894,226.02 1/1/26 $ 15,417.69 $ 585,872.22 9/1/27 $ 15,417.69 $ 277,518.42 6/1/24 $ 15,417.69 $ 878,808.33 2/1/26 $ 15,417.69 $ 570,454.53 10/1/27 $ 15,417.69 $ 262,100.73 7/1/24 $ 15,417.69 $ 863,390.64 3/1/26 $ 15,417.69 $ 555,036.84 11/1/27 $ 15,417.69 $ 246,683.04 8/1/24 $ 15,417.69 $ 847,972.95 4/1/26 $ 15,417.69 $ 539,619.15 12/1/27 $ 15,417.69 $ 231,265.35 9/1/24 $ 15,417.69 $ 832,555.26 5/1/26 $ 15,417.69 $ 524,201.46 1/1/28 $ 15,417.69 $ 215,847.66 10/1/24 $ 15,417.69 $ 817,137.57 6/1/26 $ 15,417.69 $ 508,783.77 2/1/28 $ 15,417.69 $ 200,429.97 11/1/24 $ 15,417.69 $ 801,719.88 7/1/26 $ 15,417.69 $ 493,366.08 3/1/28 $ 15,417.69 $ 185,012.28 12/1/24 $ 15,417.69 $ 786,302.19 8/1/26 $ 15,417.69 $ 477,948.39 4/1/28 $ 15,417.69 $ 169,594.59 1/1/25 $ 15,417.69 $ 770,884.50 9/1/26 $ 15,417.69 $ 462,530.70 5/1/28 $ 15,417.69 $ 154,176.90 2/1/25 $ 15,417.69 $ 755,466.81 10/1/26 $ 15,417.69 $ 447,113.01 6/1/28 $ 15,417.69 $ 138,759.21 3/1/25 $ 15,417.69 $ 740,049.12 11/1/26 $ 15,417.69 $ 431,695.32 7/1/28 $ 15,417.69 $ 123,341.52 4/1/25 $ 15,417.69 $ 724,631.43 12/1/26 $ 15,417.69 $ 416,277.63 8/1/28 $ 15,417.69 $ 107,923.83 5/1/25 $ 15,417.69 $ 709,213.74 1/1/27 $ 15,417.69 $ 400,859.94 9/1/28 $ 15,417.69 $ 92,506.14 6/1/25 $ 15,417.69 $ 693,796.05 2/1/27 $ 15,417.69 $ 385,442.25 10/1/28 $ 15,417.69 $ 77,088.45 7/1/25 $ 15,417.69 $ 678,378.36 3/1/27 $ 15,417.69 $ 370,024.56 10/31/28 $ 15,417.69 $ 61,670.76 8/1/25 $ 15,417.69 $ 662,960.67 4/1/27 $ 15,417.69 $ 354,606.87 12/1/28 $ 15,417.69 $ 46,253.07 9/1/25 $ 15,417.69 $ 647,542.98 5/1/27 $ 15,417.69 $ 339,189.18 1/1/29 $ 15,417.69 $ 30,835.38 10/1/25 $ 15,417.69 $ 632,125.29 6/1/27 $ 15,417.69 $ 323,771.49 2/1/29 $ 15,417.69 $ 15,417.69 11/1/25 $ 15,417.69 $ 616,707.60 7/1/27 $ 15,417.69 $ 308,353.80 3/1/29 $ 15,417.69 $ 0.00 I agree to pay the agreement balance according to the above payment schedule. I understand that all payments are due on, or before, the past -due date scheduled for each payment. In addition, all future water -sewer bills will be paid in full by the bill due dates. Furthermore, this payment agreement is not honored, the water service will be terminated. Once service is terminated, the payment agreement will be void, and the account holder will be required to pay the total past due balance prior to reconnection of water service. Accounts with an active Payment Arrangement won't be granted payment extensions on current bills. 1 CUSTOMER PAYMENT AGREEMENT SCHEDULE March 27, 2024 Customer: Glorieta Partners LTD 5910 North Ocean Blvd Ocean Ridge, FL 33435 If this signed agreement isn't returned to the City of Opa-locka City Manager by 5-1-24, this agreement is void. PRINT NAME DATE TITLE SOC. SEC # (LAST FOUR DIGITS) ACCOUNT HOLDER SIGNATURE EIN # (LAST FOUR DIGITS) IF APPLICABLE CONTACT PHONE NUMBER ALTERNATE PHONE NUMBER E-MAIL ADDRESS 2