R15-023RESOLUTION NO. R15 -023
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A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, APPROVING A MEMORANDUM
OF UNDERSTANDING WITH PELICAN POINT AT
BOYNTON BEACH CONDOMINIUM ASSOCIATION,
INC., FOR THE PAYMENT OF DELINQUENT
UTILITY CHARGES OWED TO THE CITY AND
PROVIDE FOR A PAYMENT PLAN; AUTHORIZING
THE CITY MANAGER TO SIGN THE MOU; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, in May, 2013 the City Commission approved a payment plan for
utility fee arrearage with the Condominium Association; and
WHEREAS, the payment plan was not adhered to and as a result of further
discussions, the City and Condominium Association have reached a proposed solution that
is outlined in the attached Memorandum of Understanding; and
WHEREAS, the MOU will allow the Association to continue to receive
uninterrupted water and sewer service provided they pay their monthly utility charges and in
addition pay a fixed amount each month toward the outstanding balance; and
WHEREAS, the City Commission of the City of Boynton Beach, upon
recommendation of staff, deems it to be in the best interests of the residents and citizens of
the City of Boynton Beach to approve the Memorandum of Understanding with Pelican
Point at Boynton Beach Condominium Association, Inc., for the payment of delinquent
utility charges owed to the City by the Association and providing for a payment plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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 upon
adoption.
Section 2. The City Commission hereby approves the Memorandum of
Understanding with Pelican Point at Boynton Beach Condominium Association, Inc., for
the payment of delinquent utility charges owed to the City by the Association, providing for
a payment plan and authorizes the City Manager to sign the Memorandum of Understanding
, a copy of which is attached hereto as Exhibit "A ".
Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED this 2 day of March 2015.
CITY OF BOYNTON BEACH, FLORIDA
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YES NO
Mayor — Jerry Taylor
Vice Mayor — Joe Casello
Commissioner — David T. Merker
Commissioner — Mack McCray
Commissioner — Michael M. Fitzpatrick
VOTE 5
ATTEST-
M. Prainito, MMC
Clerk
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ME M0RANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING ( "MOU ") is entered into between the
CITY OF BOYNTON BEACH, 100 E. Boynton Beach Blvd., Boynton Beach, Florida 33435
(the "CITY ") and PELICAN POINT AT BOYNTON BEACH CONDOMINIUM
ASSOCIATION, INC., c/o Lawrence A, Levine, Registered Agent, 100 S. Pine Island Rd., Ste.
128, Plantation, FL 33324 (the "ASSOCIATION ") for the purpose of clarifying and confirming
the understanding and agreement between the CITY and ASSOCIATION with respect to monies
owed to the CITY by the ASSOCIATION as a result of delinquent utility payments. CITY and
ASSOCIATION may be collectively referred to as the "Parties ".
WHEREAS, as of January 27, 2015, the ASSOCIATION owes the CITY $187,220.86 in
unpaid utility bills for water and sewer service provided by the CITY, including late fees
( "Outstanding Balance "); and
WHEREAS, the Outstanding Balance is the cumulative total of the following utility
accounts with the CITY:
188977- 46288; 188977- 46289; 188977 - 46287; 188977- 46286; 188977 - 46295; 188977-
46292; 188977 - 46294; 188977 - 46293; 188977- 46302; 188977 - 46284; 188977- 46283;
188977- 46285; 188977 - 46282; 188977- 46281; 188977- 46280; 188977- 46291, 188977-
46279; 188977- 46278; 188977- 46277; 188977 - 46276; 188977- 14225; 188977- 4629.0
WHEREAS, in an effort to ensure continued water service to the ASSOCIATION and its
residents, the CITY and the ASSOCIATION have agreed to a payment plan which would enable
the ASSOCIATION to pay off its outstanding debt in exchange for CITY's willingness to
provide such uninterrupted water and sewer service; and
WHEREAS, the Parties agree that the terms and conditions set forth herein are in their
individual and collective best interests.
NOW THEREFORE, the Parties agree as follows:
1. The foregoing "Whereas" clauses are true and correct and incorporated herein.
The ASSOCIATION shall remain current on its utility payments from the date of
the execution of this MOU. Any additional delinquent utility payments ailer the
execution of this MOU shall constitute a breach of the agreement and may result
in additional action by the CITY, which may include, but not be limited to, the
disconnection of service or the initiation of legal action including foreclosure
action to obtain payment on the outstanding account. Such additional action may
be taken at the sole discretion of the City.
The Outstanding Balance shall be paid off as follows:
)oaasv,8.19o(ACQ1921) Page 1 of 5
a. Payments shall commence on April 1, 2015 and continue for a period of 43
months (the "Repayment Tenn ").
b, ASSOCIATION shall pay the CITY $4,395.72 per month (the "Installment
Payment ").
c, ASSOCIATION's Installment Payments shall be in addition to any and all
other monthly payments due to the CITY for ASSOCIATION's continued water
and sewer service during the Repayment Term.
d, Installment Payments shall be due on the first day of each month, and shall be
deemed late after the fifth day of the month,
e. The ASSOCIATION shall be in Default of this Agreement if the
ASSOCIATION fails to remit timely payment of the Installment Payment, or any
other monthly payments due to the CITY for ASSOCIATION's continued water
and sewer service.
4, 1n consideration of ASSOCIATION's promise to pay the Outstanding Balance,
the CITY agrees to waive all late fees acid interest accrued during the Repayment
Term; however, in the event of a Default by ASSOCIATION, all interest and late
fees that would have accrued during the Repayment Term shall be reinstated, and
shall become immediately due and payable to the CITY in addition to the
Outstanding Balance.
In the event of default of payment when due and payable, or default of any other
covenant herein, without further notice or grace, CITY may accelerate all of the
remaining installments and declare the entire Outstanding Balance plus interest
and late fees immediately due and payable, and proceed to enforce all rights and
remedies in law or equity under this agreement, The late or non - conforming
payment of any installment shall not act to revive, or reinstate, the right to make
periodic installments, or to defer payment of the total, and any payments received
after the default shall be applied on account of the accrued interest and the
balance to principal and without a waiver of the default herein or the right to
collect the accelerated balance.
6, The Parties acluiowledge that in order to secure the Outstanding Balance, the
CITY will record a lien against the ASSOCIATION, which shall remain in place
until such time that the Outstanding Balance is paid in fall, The Parties further
acluiowledge that in the event of Default by the ASSOCIATION, the Lien may
serve as a basis for a foreclosure action against the secured proppities. Upon
receipt of payment of the Outstanding Balance in full, the CITY agrees to execute
and record a Release of Lien.
This Agreement must be approved by the CITY Commission, and the
ASSOCIATION'.5 Board of Directors.
(0005941B,1506MD1621) Page 2 of 5
Both Parties acknowledge and verify that the individual who has signed this
Agreement is legally authorized to do so, and is legally authorized to bind the
ASSOCIATION to the terms and conditigps.of this Agreement.
9, Both Parties acknowledge that they have had an opportunity to have this
Memorandum of Understanding reviewed by independent legal counsel.
10. This Agreement supersedes and repeals the prior Settlement Agreement between
the CITY and ASSOCIATION approved by the City Commission on May 7,
2013,
11. This Memorandum of Understanding shall become effective as of the latest date it
Executed.
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective
dates under each signature. CITY OF BOYNTON BEACH, signing by and through its City
Manager, and ASSOCIATION, signing by and through its Principal, duly authorized to execute
same.
(REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)
{0005941 &1306 - 9001921) Page 3 of 5
CITY OF BOYNTON BEACH
LORI LAVEI2RIERE
City Manager
Date
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY:
Office of the City Attorney
JAC:SRW
PELICAI*I POINT AT BOYNTON
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY:
y �
Counsel for Pelie. oynfoii
Beach Condominium Association, Inc,
(Print name)
(00os9418.1906,9nma711 Page 4 of 5
D ate
'CORPORATE ACKNOWLEDGEMENT
STATE OF L (� (/"
J ;SS
COUNTY Or 07
I HEREBY CERTIFY that on this day, before me an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
m..nae A. L8010 , Principal of Pelican Point at Boynton Beach Condominium Association,
Inc., a Florida Non Profit Corporation, to me known to be the person(s) described in and who
executed the foregoing instrument and ackriowledged l;t;fore me that he /she executed the same.
WITNESS. my hand and official seal this
li� Notary Public WOW of F101W8
� Jennifer Lautgas
onfmhab1ll E se3 09f20l2017
day of—m /' -c ° , 2015.
rgnature of otary Public
State of Florida at Large
JENNIFER LAUFGM
Print, Type or Stamp
Name of Notary Public
Personally known to me or
❑ Produced Identification
Type of I.D. Produced
DID take an oath, or
❑ DID NOT take an oath.
(00059418.1306- 9001821) Page 5 of 5
February 19, 2015
Ira Libanoff, Esq.
Fereneik, Libanoff, Brandt, Bustamante and Goldstein, P.A,
150 S. Pine Island Rd., Ste. 400
Plantation, FL 33324
RE: Pelican Point at Boynton Beach Condominium Association, Inc.
Utilities Account Numbers:
18897746288; 188977 - 46289; 188977- 46287; 188977- 46286; 188977- 46295; 188977 -
46292; 188977- 46294; 188977- 46293; 188977- 46302; 188977 - 46284; 188977 - 46283;
188977 - 46285; i88977- 46282; 188977- 46281; 188977- 46280; i88977- 46291; 188977-
46279; 188977- 46278; 188977- 46277; 188977-46276 188977 -46290
Dear Mr. Libanoff:
As of today's date, Pelican Point at Boynton Beach Condominium Association, Inc. ( "Association ")
has an outstanding utility payment arrearage of $187,220.86. The City is in receipt of your
settlement proposal dated January 27, 2015, and e -mail correspondence dated February 6, 201.5,
amending the terms of your proposal. This letter shall confirm the terms of the settlement proposal,
whereby the arrearage can be paid over time by the Association. More specifically:
1. The City will accept $187,220.86 in full and complete settlement of all arrearage accrued
though February 1, 2015.
2. The arrearage shall be repaid over a period of forty -three months in monthly payments in the
amount of $4,395.72.
3. Payment of the arrearage shall be in addition to the Association's current monthly bill,
4. This payment schedule is contingent upon the Association keeping their monthly utility
account current. In the event of a default of the payment terms set forth herein, the City may
accelerate the full outstanding balance of the arrearage due at time of default, plus interest
and late fees.
5. The Association will enter into a Memorandurn of Understanding with the City outlining the
terms of the settlement agreement.
6. The City will record a lien against the Association securing the outstanding utility balance,
which shall continue in effect until such time the arrearage is paid in full. In the event of a
default, the City reserves the right to terminate all further service to the property, and initiate
legal action, which may include the initiation o f foreclosure proceedings to satisfy the City's
lien.
7. The settlement is scheduled for review by the City Commission on March 2, 2015.
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& If the settlement proposal is approved by the City Commission, the resulting Memorandum
of Understanding referenced herein shall void and supersede the prior May 7, 2013
settlement Agreement between the parties.
Please confirm that this accurately reflects our settlement by having the appropriate officer of the
Association sign below. We appreciate the cooperation and diligence of the representatives of the
Association who took the time to meet with us and reach this settlement.
Very truly yours,
/s/ Stacey Weinger
STACEY R. NVI�.7NGER
Assistant Cifv All - ney
cc: Lori LaVerriere, City Manager
Tim Howard, Director of Financial Services
Colin Groff, Utilities Director
Barb Conboy Utilities Administration and Finance Mmnagot
The foregoing accurately represents settlement of the above - referenced utility account.
PELICAN POINT AT BOYNTON BEACH CONDO "J NIUM ASSOCIATION
t , Date`
Ti nt Nasn �.
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