Loading...
R15-023RESOLUTION NO. R15 -023 1C 1 1� 1� 1� 1� 1� 1� 1� 1 2 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 1C 1 1 1� 1 1 1 1 1 1� 2 2 2 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 3 3 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. f000040 ,7 9 00 J 821 } America's Gateway to rbe Gulfs ,earn 171 mo Wi & 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 �. Title: 1 rin< v a�1r (0o0594o2H8o6- 9ooi821} America's C"ratew y to 0 Gulfgtivam