HomeMy Public PortalAboutResolution No. 24-058 - Amendment 1- Authorizing the City manager to execute a payment plan with Glorietta Apts to resolve teh outstanding water & sewer billsSponsored By: City Manager
RESOLUTION NO. 24-058
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT 1 TO THE PAYMENT PLAN AGREEMENT
BETWEEN THE CITY OF OPA-LOCKA AND GLORIETA PARTNERS,
LTD RELATING TO AN OUTSTANDING WATER AND SEWER BILLS
BALANCE; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on March 27, 2024, the City Commission of the City of Opa-Locka
("City") approved Resolution 24-050 relating to a Payment Plan Agreement between the
City and Glorieta Partners, LTD at its regular City Commission meeting; and
WHEREAS, the payment plan related to an outstanding water and sewer bills
balance accumulation of Nine Hundred Seventy -Three Thousand, Six Hundred Eighty -
Five Dollars and Sixty -Eight Cents ($973,685.68) owed to the City by Glorieta Partners,
LTD; and
WHEREAS, a payment schedule was previously approved, but now the parties
desire to enter into an amendment to clarify specific instructions for payment as set forth
in Amendment 1; and
WHEREAS, Amendment 1 specifically designates City National Bank of Florida as
the beneficiary bank, and provides for wiring instructions; and
WHEREAS, the City Manager has reviewed the Agreement and the desired
Amendment between the parties and is satisfied with the current terms of the shut
process, lien process and fully acknowledges the City's right to pursue legal action, if
necessary; and
WHEREAS, the City desires to approve the Amendment 1, attached hereto as
Exhibit "A", upon the terms and conditions set forth herein.
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. 24-058
SECTION 2. AUTHORIZATION
The City Commission of the City of Opa-Locka hereby authorizes the City Manager to
execute a Payment Plan Amendment with Glorieta Partners, LTD, attached hereto as
Exhibit "A", to amend the provisions of the current Agreement.
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 10th day of April, 20
TTEST:
oanna Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Burn
City : orney
-Weeks, P.A.
John H. Ta
r., Mayor
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Resolution No. 24-058
Moved by: Vice Mayor Ervin
Seconded by: Commissioner Williams
VOTE: 4-0
Commissioner Williams YES
Commissioner Kelley ABSENT
Commissioner Bass YES
Vice Mayor Ervin YES
Mayor Taylor YES
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First Amendment to the Payment Plan Agreement Between
Glorieta Partners, LTD and the City of Opa-Locka
This FIRST AMENDMENT TO THE AGREEMENT ("Amendment') is dated this
2024 ("Effective Date"), between Glorieta Partners, LTD ("Debtor) and the City
of Opa-Locka, a municipal corporation organized under the laws of the State of Florida ("Creditor"
or "City"). This Amendment modifies the terms and conditions of the Agreement passed by the
City of Opa-Locka Commission pursuant to Resolution 24-050 on March 27, 2024.
WHEREAS, Resolution 2024-050 approved a Payment Plan Agreement between
Glorieta Partners, LTD and the City of Opa-Locka setting forth the terms of payment for
an outstanding debt owed to the City 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"), which is past due for the water and sewer bills for service at Glorieta Apartments in Opa-
Locka, Florida; and
WHEREAS, the parties desire to enter into this Amendment 1 to require additional
terms and conditions to include an amendment to Section 2 entitled "Payment Plan" to
state how the funds are to be paid and specifically designate City National Bank of Florida
as the beneficiary bank, and provide for wiring instructions; and
WHEREAS, the City desires to approve the Amendment 1 upon the terms and
conditions set forth herein.
IT IS MUTUALLY AGREED by and between CITY and DEBTOR as follows:
1. Section 2 of the Agreement entitled "Payment Plan" shall be amended to read as
follows:
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 Creditorovera period
of 60 months : ,consistent with Exhibit "A," and with funds to be paid by Debtor
directly to City National Bank of Florida (beneficiary bank) at the address 100 SE 2nd
Street, Miami, FL 33131 into City of Opa-Locka account number: 30000571708, with the
incoming wire instructions to be provided by the City of Opa-Locka.
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.
2. The Amendment and all other provisions of the Payment Plan Agreement,
including the payment schedule, Exhibit "A", shall remain the same.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment
as of the Amendment Effective Date first above written.
Glorieta Partners, LTD
By:
Name: Kenneth G Weiss
Title: MGR
Date:
City of Opa-Locka,
a political subdivision of the State of Florida
By:
Name: Daniin Williams
Title: City Manager
Date:
ATTEST:
By:
CITY CLERK