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R15-056 ff L/ . RESOLUTION NO. R15 -056 , A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE CROSSINGS HOMEOWNERS ASSOCIATION FOR THE PAYMENT OF DELINQUENT UTILITY CHARGES OWED TO THE CITY IN THE AMOUNT OF $125,062.80 AND ' ' OVIDE FOR A PAYMENT PLAN; AUTHORIZI 11 T ' CITY MANAGER TO SIGN THE MOU; 1 D 1 PR 1 VIDING AN EFFECTIVE DATE. 1. 1 WHEREAS, ', a Crossings Homeowners Associat.: n (HOA) currently has a 1- delinquent balance of $1 ,062.80 which accumulated " om 2010 to the current billing 1" cycle; and 1: WHEREAS, the HOA h. been payi additional funds periodically to eliminate 1 the balance and has agreed to enter a ' rm.. agreement with the City with specified monthly 1: payments for 48 months to eliminate e 61 lance; and 1 • WHEREAS, the MOU 11 allow kle HOA to continue to receive uninterrupted 21 water and sewer service prov ed they pay the onthly utility charges and in addition pay 2 a fixed amount each mon toward the outstanding . alance; and 2. WHEREAS, e City Commission of t - City of Boynton Beach, upon 2 recommendation o ' staff, deems it to be in the best inter. is of the residents and citizens of 2 • the City of B' ton Beach to approve the Memorand of Understanding with The 25 Crossings •meowners Association, for the payment of delin ent utility charges owed to A i the City ' the Association and providing for a payment plan. 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY OMMISSION OF 2: T CITY OF BOYNTON BEACH, FLORIDA, THAT: 2• Section 1. The foregoing "Whereas" clauses are hereby ratifies and confirmed 1 31 as being true and correct and are hereby made a specific part of this Re • ution upon 3 adoption. 3- Section 2. The City Commission hereby approves the Memorandum of Understanding with The Crossings Homeowners Association or the payment of delinquent 3 • tility charges owed to the City by the Association, . oviding for a payment plan and 3 autho • es the City Manager to sign the Memorand of Understanding, a copy of which is 3: attached her o as Exhibit "A ". 3 Section 3. That this Resolution . all become effective immediately. 3: PASSED AND I OPTED 19 day of May, 2015. 3 CIT OF BOYNTON BEACH, FLORIDA 41 4 YES NO 4. 4 Mayor — . erry Taylor 4- 4 • Vice Mayor — oe Casello 4: 4 Commissioner — : vid T. Merker 4: 4 • Commissioner — Mack ■ cCray 50 5 Commissioner — Michael M. itzpatrick 5- 5 5- VO 5" 5: EST: 5 5: 5' • ∎ Janet M. Prainito, MMC 6 City Clerk 6. r � 6, � 6 (Corporate Seal) CY3 � `� .0 2 W L9 , �. �O�� R15 -056 C2 \o MEMORANDUM OF UNDERSTANDING This MEMORANDUM OF UNDERSTANDING ( "MOU ") is entered into : -tween the CITY OF BOYNTON BEACH, 100 E. Boynton Beach Blvd., Boynton Beac lorida 33435 (the "CITY' and THE CROSSINGS OF BOYNTON BEACH ' ONDOMINIUM ASSOCIATIO , INC., c/o Michael J. McGoey, CPA, Registered Agent .39 E. Ocean Ave., Ste. 101, Boynton :each, FL 33435 (the "ASSOCIATION ") for the p Dose of clarifying and confirming the un• < standing and agreement between the CITY d ASSOCIATION with respect to monies ow.. to the CITY by the ASSOCIATION as 1 result of delinquent utility payments. CITY and A OCIATION may be collectively referr; • to as the "Parties ". WHEREAS, the AS ∎ CIATION has thirty six (36) .pen utility accounts with the CITY; and WHEREAS, nineteen (19) • the ASSOCIAT • N's utility accounts are delinquent; and WHEREAS, as of May 7, 20 , the A OCIATION owes the CITY $128,062.80 in unpaid utility bills for water and sew- serv e provided by the CITY, excluding late fees ( "Outstanding Balance "); and WHEREAS, the Outstanding Ba . c- is the cumulative total of the following utility accounts with the CITY: 193877 - 44250; 193877 -4425 ; 193877 -442 ; 193877- 44253; 193877 - 44254; 193877- 44255; 193877- 44256; 19 :77- 44257; 1938 - 44258; 193877- 44259; 193877 - 44260; 193877- 44261; 193877 -4 262; 193877 - 44263; '3877-44264; 193877- 44265; 193877- 44266; 193877 - 44267; 93877 - 44268; 193877 -4= 69; 193877 - 44270; 193877 - 44271; 193877- 44272; 19387 - 44273; 193877 - 44274; 193: 7- 44275; 193877 - 44276; 193877- 44277; 193877 -442 193877- 44279; 193877 - 44281 193877 - 44281; 193877 - 44282; 193877- 44283; 19 : 77 -44284 WHEREAS, in . effort to ensure continued water service to ' e ASSOCIATION and its residents, the CITY . d the ASSOCIATION have agreed to a paymen elan which would enable the ASSOCIATIO to pay off its outstanding debt in exchange for CITY's willingness to provide such unin - rrupted water and sewer service; and WHE . AS, 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 -rein. (00074262.1306- 9001821) Page 1 of 5 R15 -056 2. The ASSOCIATION shall remain current on its utility payments from the date of the execution of this MOU. Any additional delinquent utility payments after 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 includin oreclosure action to obtain payment on the outstanding account. Such addif , al action may be taken at the sole discretion of the City. 3. The Outstanding Balance shall be paid off as follows: a. ' ayments shall commence on June 1, 2015 and ' • ntinue for a period of 48 mo hs (the "Repayment Term "). b. AS • CIATION shall pay the CITY the . r ount of $2,500.00 per month for months through 43, and $3,500.00 per •nth for months 44 through 48 (the "Installmen ' ayment "). c. ASSOCIATI • 's Installment Pa ents shall be in addition to any and all other monthly pa • ents due to the ITY for ASSOCIATION's continued water and sewer service d • g the Rep. ent Term. d. Installment Payments 'al •e due on the first day of each month, and shall be deemed late after the fifth • of the month. e. The ASSOCIATI • sha be in Default of this Agreement if the ASSOCIATION fails o remit ti ly payment of the Installment Payment, or any other monthly pay • nts due to the CITY for ASSOCIATION's continued water and sewer service 4. In considerati • of ASSOCIATION's p i raise to pay the Outstanding Balance, the CITY a: ees to waive all late fees and 1 ' terest accrued prior to and during the Repayme Term; however, in the event o . Default by ASSOCIATION, all interest . d late fees that have accrued to date, d would have accrued during the Repa • ent Term shall be reinstated, and shal become immediately due and paya' e to the CITY in addition to the Outstanding ' alance. 5. I the event of default of payment when due and paya le, or default of any other ovenant herein, without further notice or grace, CITY ay accelerate all of the remaining installments and declare the entire Outstandi . 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 lat- or non - conforming payment of any installment shall not act to revive, or reinstat= the right to make periodic installments, or to defer payment of the total, and any .: yments received after the default shall be applied on account of the accrued • terest and the balance to principal and without a waiver of the default herein • the right to collect the accelerated balance. {00074262.1 306 - 9001821 } Page 2 of 5 R15 -056 6. The Parties acknowledge that in order to secure the Outstanding Balance, the CITY will record a lien against the ASSOCIATION and the condominium property as a whole, which shall remain in place until such time that the Outstanding Balance is paid in full. The Parties further acknowledge that in the event of Default by the ASSOCIATION, the Lien may serve as a basis for a foreclosure action against the secured properties. Upon receipt of payment of the Outstanding Balance in full, the CITY agrees to execute and record a ' - ease of Lien. 7. This Agreement must be approved by the CITY Co • - I ission, and the • SSOCIATION's Board of Directors. 8. Bo Parties acknowledge and verify that the ind' dual who has signed this Agree • ent is legally authorized to do so, and is egally authorized to bind the ASSO • TION to the terms and conditions of s Agreement. 9. Both Partie acknowledge that they ha - had an opportunity to have this Memorandum f Understanding reviewe • • y independent legal counsel. 10. This Agreement .ersedes and re' - als any prior Agreement verbal or written between the parties. 11. This Memorandum of • ders '4 ding shall become effective as of the latest date it executed. IN WITNESS WHEREOF, the partie ave • ade and executed this Agreement on the respective dates under each signature. CITY 4F BO ON BEACH, signing by and through its City Manager, and ASSOCIATION, s' a 'ng by and t ough its Principal, duly authorized to execute same. (REM DER OF THIS PAGE INTENTIONAL LEFT BLANK) {00074262 1 306 - 9001821 } Page 3 of 5 R15 -056 CITY OF BOYNTON BEACH THE CROSSINGS of BOYNTON BEACH CONDOMINIUM ASSOCIATION, INC. LORI LAVERRIERE City Manager Print: Title: Date Date APPROVED AS TO LEGAL FORM APPROVED AS TO LEGAL FORM AND SUFFICIENCY: AND SUFFICIENCY: Office of the City Attorney ounsel for The Crossings at Boynton B ch Condominium Association, Inc. (Print name) JAC:SRW {00074262.1 306 - 9001821 } Page 4 of 5 R15 -056 CORPORATE ACKNOWLEDGEMENT STATE OF • :SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly autho • ed in the State aforesaid an. in the County aforesaid to take acknowledgments, : ersonally appeared as of The Cross' gs of Boynton Beach Condominium Ass. ciation, Inc., a Florida Non Profit Corporati • , to me known to be the person(s) described in . d who executed the foregoing instrum= t and acknowledged before me that he /she executed the e. WITNESS my hand and offici. seal this • day o , 2015. Signature of Notary Public State of Florida at Large 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. {00074262.1 306 - 9001821) Page 5 of 5 TIE CROSSINGS OF BOYNTON BEACH CONDOMINIUM ASSOCIATION, INC. POST OFFICE BOX 370 BOYNTON BEACH, FLORIDA, 3343 561-737-0408 RESO LUTI ` 1 Ma y, 5, 2015 A RESOLUTION OF THE BOARD OF AD "4 IN : RATION, Approving Christopher DeLiso, Secretary/Treasurer of the Board of Directors to negotiate . ritten payment plan for the past due water bill from the verbal agreement between The Crossings • Boy on Beach Condominium Association Inc. and The City of Boynton Beach. THAT WHEREAS, T - City of Boynton Be h has served The Crossings of Boynton Beach Condominium Associati• Inc. with a demand lette for past due monies and are threatening to terminate water sup y to the buildings showing a de ' quent amount. NOW THEREFORE, RE IT RESOLVED by the oard of Administration of The Crossings of Boynto each Condominium Association Inc., as follows: 1. THAT the Board of Directors hereby agrees that Christoph D eLiso will be authorized to negotiate a written payment plan regarding the past due w bill from the verbal agreement. ADOPTED by the Board of Administration this 5 day of May, 2015 The Crossings of Boynton Beach Cond inium Association Inc., • • e S C By: BY: ` Kathleen Carroll L sa Si sha / President 'resident