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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 2 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 3 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