R15-056 ff
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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
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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