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HomeMy WebLinkAboutR-96-0534J-96-979 7/1 1 /96 RESOLUTION NO. 9 6- 534 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO WORK OUT A MODIFCATION TO THE LOAN COMMITMENT MADE BY MIAMI CAPITAL DEVELOPMENT, INC. (MCDI), TO MR. JIHAD S. RASHID, FOR FALAH ENTERPRISES, INC., DATED APRIL 18, 1996, TO PROVIDE A ONE -TIME -ONLY WORKING CAPITAL LOAN, IN THE AMOUNT OF $42,400.00, FROM THE MCDI MICRO - ENTERPRISE LOAN FUND AND OTHER CONDITIONS AS HEREIN SPECIFIED; FURTHER AUTHORIZING MCDI TO APPROVE SAID LOAN IN ACCORDANCE WITH THE APPLICABLE ECONOMIC DEVELOPMENT GUIDELINES FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (USHUD). WHEREAS, the City Commission is desirous of promoting and encouraging economic development and commercial revitalization in the City's neighborhood target areas; and WHEREAS, the City Commission provided financial assistance to small businesses within neighborhood target areas through the Community Development Block Grant Program and the City's lending entity, Miami Capital Development, Inc. (MCDI); and WHEREAS, FALAH Enterprises, Inc. (FALAH) applied for a business loan from MCDI which was approved, subject to certain conditions as stated in MCDI's letter of commitment dated April 18, 1996; and WHEREAS, the City Commission wishes to provide a loan to FALAH and has instructed City staff and MCDI to extend a one -time -only working capital loan; and ATTACHMENT `S). %CONTAINED CITY COMMISSION MEETING OF J U L 1 1 1996 Resolution No. 96- 534 WHEREAS, FALAH is a small business operating in the designated Coconut Grove community development target area; and WHEREAS, the Coconut Grove target area has not been the recipient of many business loans from either the public or private sector; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1 . The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to work out a modification to the loan commitment, dated April 18, 1996, from MCDI to Mr. Jihad S. Rashid (Rashid) of FALAH, to provide a one -time -only working capital loan, in the amount of $42,400.00, from the Micro -Enterprise Loan Fund of MCDI. i Section 3. The City Manager is further authorized to negotiate a reduction of the original Miami Capital loan from $50,000.00 to $42,400.00, and the City will forgive the existing indebtedness of Rashid, in the amount of $3,602.00, from a previous City loan i and will further participate in the commercial facade rehabilitation for FALAH, in an amount not to exceed $4,000.00, and in accordance with guidelines of the Citywide Commercial Facade Program. Section 4. FALAH agrees to accept the financial and technical assistance available through the Small Business Assistance Center at Florida International University and Tools for Change. 96- 534 Section 5. MCDI is hereby instructed to approve the modified new loan in accordance with applicable economic development guidelines of U.S. Department of Housing and Urban Development with funds allocated from the Micro -Enterprise Loan Program. Section 6. This Resolution provides for a one -time -only loan to FALAH and FALAH agrees that further financial assistance from MCDI or the City of Miami will not be sought. Section 7. In addition to the hereinabove stipulations, the MCDI loan commitment will also be modified as to collateral, contingencies and other conditions to facilitate the prompt execution of the loan. Section 8. The requirement for placing a second mortgage on residential property located at 3127 New York Street, Coconut Grove, Florida, is specifically deleted. All other terms and conditions remain unchanged. Section 9. The City Manager and MCDI are hereby authorized' to execute the necessary documents, in a form acceptablbe to the City Attorney, for the purposes as herein set forth. Section 10. This Resolution shall become effective immediately upon its adoption. 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including, but not limited to those prescribed by applicable City Charter and Code provisions. i 3- 9E- 53/1 PASSED AND ADOPTED this 11 th day of July, 199E ATTEST: WALT F EMAN CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: ''. ;_X -, A.* QUINN JONES, II" CITY ATTORNEY W 1034:CSK:ROD -4- GORT, VICE -MAYOR 96- 534 MIAMI CAPITAL DEV"ELOPAIEN rt INC. DUPONT PLAZA CENTER o 300 BISCAYNE BLVD. WAY • SUITE 614 MIAMI, FLORIDA 33131-2207 . TEL: (305) 358-1025 {� July 1996 Mr. Jihad S. Rashid FALAH ENTERPRISES, INC. 3692 Grand Avenue Coconut Grove, Florida 33133 Re: Loan Approval - Our Ref. (L#985/96) CITY Dear Mr. Rashid: MIAMI CAPITAL DEVELOPMENT, INC. (hereafter referred to as MCDI) is pleased to confirm the availability of a $42,400.00 Forty -Two Thousand Four -Hundred Dollars) loan to FALAH ENTERPRISES, INC. (hereafter referred to as the borrower), subject to the following terms and conditions to wit: BORROWER: Falah Enterprises, Inc. GUARANTORS: Mr. Jihad S. Rashid & Mrs. Aisha Rashid, his wife (Unlimited Guarantor) PRINCIPAL: $42,400.00 - U.S. DOLLARS PURPOSE: Working Capital Loan RATE: Three percent (3.0%) REPAYMENT: Month 1 through month 84 payments of $560.24 (Principal & Interest), due on the first of every month. Starting with first payment due on September 1, 1996 until maturity. COLLATERAL & CONTINGENCIES Security Interest under the Uniform Commercial Code (UCC-1) on all Corporate Assets now owned and thereafter acquired. 96- 53 In the event proceeds of the loan are used for working capital needs such as inventory acquisition, payment of salaries, accounts payable, and other accrued expenses related to the operation of the business, at any time during the life of the loan, MCDI reserves the right to request, in writing, a detailed breakdown of the use of the working capital proceeds. SPECIAL CONDITIONS 1. Borrower will provide MCDI with proof of commercial insurance. The premium paid shall be non-refundable and the policy shall be non -cancelable for said period. MCDI shall be listed as Loss Payee on the policy. Borrower shall also provide MCDI with a non -cancelable Insurance Policy on the life of Mr. Jihad S. Rashid for an amount of not less than $25,000.00 with MCDI designated as beneficiary and assignee. 2. Borrower will have thirty (30) days, after the closing date to provide MCDI with proof of Commercial Insurance for fixed assets acquired through the proceeds of this loan. Proof of insurance shall be in the form of an issued policy paid in advance for a period of no less than one year, with MCDI listed as a Loss Payee. The premium paid for the Insurance Policy shall be non-refundable and the policy shall be non - cancelable for said period. 3. The insurance policy shall be subject to MCDI's approval and shall have a provision for notification to the loss payee, or assignee in the event of cancellation and/or non payment of premium and any other defaults. 4. MCDI's representatives shall have unlimited access during _normal business hours, without need to give notice, to Borrower's and Guarantor's accounting books, records, reports, correspondence and premises where inventory, supplies and other assets are stored. . 5. Borrower shall not declare or pay dividends to stockholders without the written consent of MCDI. In addition, all stockholders loans shall be subordinated in favor of MCDI. 6. The Borrowers must provide MCDI with a copy of the payroll registry, and Family Income and Size Certification form - (supplied by MCDI) signed by each employee on a yearly basis. Both the payroll registry and the Family Income and Size_ <-,? - 96- borrower has retained 2 jobs and created 4 jobs within a two year period of the drawdown date. Furthermore 51% of the jobs created must be available to low/moderate income families, and the borrower will provide training for any position requiring special skills or education. Prior to loan closing, the Borrower must submit documentation acceptable to MCDI evidencing the retention of 2 jobs and the planned creation of 4 jobs. Acceptable documentation shall include, but not be limited to, a" Comment Memorandum" from the City of Miami Neighborhood Jobs Program Office based on a review of the Borrower's Business Plan for Compliance with Job Creation Goals and First Source Hiring Requirements. In addition to the requirements stated above, Borrower's receiving City of Miami's funds, shall, in the hiring of employees, comply with the City of Miami's First Source Hiring Ordinance, as approved by the City Commission on July 24, 1986 via Resolution No. 86-855. This First Source Hiring Ordinance requires that every employment opportunity first be given to the unemployed and under -employed. More specifically, all jobs created as a result of contracts for facilities, services, and/or all receipts of Grants and Loans are subject to first being filled by participants in the City of Miami's training and employment programs, and/or thereafter by other residents of the City of Miami. 7. In the event that any of the loan proceeds are being used for acquisition of real property, no funds -shall be disbursed until MCDI has received and accepted written inspections of the property conducted by inspectors acceptable to MCDI. Such inspections shall include but not be limited to termites, roof, electrical, plumbing, mechanical, etc. OTHER CONDITIONS 1. Borrower's President, Jihad S. Rashid, shall be devoted "full time" to the management of the borrowing business as long as such business is indebted to MCDI. Conversely, Mr. Rashid shall not accept any outside employment, full or part-time, during the life of this loan. 2. MCDI shall be provided with a certified copy of the Borrower's Articles of Incorporation, By-laws of the Corporation and Certificate of Good Standing. _ 96- 534 3. In the event the loan proceeds are being used for the acquisition of real property, or a Commercial Property is being offered to MCDI as collateral for this loan, the Borrower shall, prior to closing, provide MCDI with a Phase I environmental audit on the subject property acceptable to MCDI which has been prepared by a company or agency acceptable to MCDI. 4. In the event Borrower is leasing the premises in which it is conducting its business, a Landlord Subordination of Lien shall be submitted in MCDI's favor. 5. In the event that any portion of the loan proceeds are to be used for construction the Borrower must meet the requirements of the Davis -Bacon Act, as amended. 6. Borrower shall retain the services of a Accountant who is acceptable to MCDI. Such undertaking shall be formalized by an Engagement Letter signed by the Borrower and the Accountant, which provides for quarterly interim statements and annual Financial Statements validated by Internal Revenue Service Tax Returns. Quarterly statements shall be received by MCDI not later than thirty (30) days after the end of each quarter; annual financial statements shall be received by MCDI not later than ninety (90) days after the close of the Fiscal Year. The Engagement Letter must specifically state the scope of the work to be performed by the Accountant; at the very minimum, the Borrower and the Accountant must ensure that sufficient bookkeeping work is performed to ensure that the Borrower's accounting system provides meaningful and reliable accounting/financial data which both, the Borrower and MCDI, need for the continuing management and evaluation of the business. Borrower's principal(s) and guarantor(s) shall provide MCDI with annual Personal Financial Statements, validated by Internal Revenue Service Personal Tax Returns, no later than ninety (90) days after the close of the calendar year. 7. Borrower shall not assume other loans or be a guarantor for others or himself, without the written consent of MCDI, except for normal suppliers' trade credit and/or short term (less than one year) working capital loans. /4/- 96 - 534 8. No change in ownership of Borrower or Principals) business purpose shall take place during the term of this loan without the written consent of MCDI. Borrower also agrees not to consolidate with, or merge into, any other entity or person nor sell any of its stock to any other entity or person without the written consent of MCDI. 9. Failure to pay any principal and/or interest on this obligation, taxes when due, bankruptcy or similar proceedings or any violation of any of the terms and conditions, as set forth in this Commitment Letter, shall cause this loan to be in default and the full amount of principal and interest shall become due and payable immediately. 10. In the event there is another lender(s) or investor(s) participating with MCDI in this financing, MCDI's loan is contingent upon formal approval of the loan or equity injection provided by the other lender(s) or investor(s). Drawdown date on MCDI's loan cannot be earlier than drawdown date on the participating lender(s) or investor(s). 11. Disbursement of funds will be based on the availability of funding. 12. Borrower will pay all costs and expenses, anticipated to include but not limited to, Documentary Stamp taxes, Mortgagee's title policy, credit investigations, searches and legal fees. Should any funds have to be held in escrow after the loan take down date, an additional escrow fee may be necessary to be paid out of the funds held in escrow for the services of the escrow agent. Legal fee of MCDI's counsel will be to of the loan amount with a minimum of $500.00 for all loans under $50,000.00. 13. Borrower is not to move business location from within the designated target area as represented in MCDI's Application. .Any relocation within the designated target area must be approved in writing by MCDI. In the event that, without.prior written approval, the Borrower relocates to an area outside MCDI's designated target areas, such action will cause this loan to be in default and the full amount of principal and interest shall become due and payable immediately. 14. MCDI, at its sole and exclusive discretion, may extend and/or modify this Commitment provided that the original commitment is accepted and executed by the Borrower and Guarantor (s). All requests for extensions of this Commitment must be made in writing and submitted prior to its expiration date explaining 96- 53 why the additional time is needed. If MCDI decides to extend this Commitment, it may request that the Borrower provide such additional information as deemed necessary, such as but not limited to financial statements of both the business and its principal (s). 15. This Commitment shall automatically expire sixty (60) days from the date of this letter and Miami Capital Development, Inc. shall have no further obligation hereunder. Your attention is therefore called to the fact that it is incumbent upon you to gather all required documentation, perform all acts and fulfill all prerequisites, as soon as possible, so that this loan will close prior to said termination date. Pursuant to the City of Miami's Resolution No. , this Commitment Letter supersedes the previous Commitment Letter dated April 18, 1996, which is hereby rescinded, and shall be valid until September 8, 1996 provided that all terms and conditions are continuously met including, but not limited to, tax, legal compliance and all agreed upon exceptions. The referred City of Miami Resolution No. , dated is hereby attached for reference purposes. If you are in accordance with these terms and conditions, kindly countersign the enclosed copy of this letter and return, within fifteen (15) days of the date of this letter, to Mr. Pablo Perez - Cisneros, Executive Director (MCDI) with one non-refundable check in the amount of: (a) One Hundred & Fifty ($150.00) Dollars, payable to our Attorneys, KOPPEN & WATKINS, PARTNERS & ASSOCIATES, P.A., which will be applied against future closing cost; Failure to return this executed commitment letter and the required check within fifteen (15) days of the date of this letter will result in the automatic cancellation of this loan commitment. Sincerely, MIAMI CAPITAL DEVELOPMENT, INC. l� Pablo Perez -Cisneros Executive Director City of Miami Concurrence: Elbert L. Waters Direct r, City of Miami NET 96-- 5: ACCEPTED BY: FALAH ENTERPRISES, INC. Jihad S. Rashid, Presiden ACCEPTED BY: As Unlimited Guarantors Jihad S. Rashid (Unlimited Guarantor) Aisha Rashid (Unlimited Guarantor) -7 DAYMENT DATE 2 96 I 96 Q 96 C 96 OB TOT UM TOT � \ R j �R ,Y ; IN IL JG . � g :C 97 97 97 97 97 97 97 97 97 07 97 57 3UB TOT ;UM TOT Fallah Enterprises, Inc. BEGINNING LOAN BALANCE: $42,400.00 NUMBER OF PERIODS: 84 PERIOD TYPE: Monthly ANNUAL INTEREST RATE PAID 3.2311) PAYMENT AMOUNT: $560.24 PRINCIPAL PAID $454.24 $455.38 $456.51 $457.66 --------------- $1,S23.79 $1,823.79 $458.80 $459.95 $4G1.10, $462.25 $463.40 $464.56 $465.72 $466.89 $468.06 $469.23 $470.4e $471.58 --------------- $5,S81.94 $7,405.73 INTEREST TOTAL LOAN PAID PAYMENT BALANCE $106.00 $560.24 $41,943.76 $104.86 $560.24 $41,490.38 $103.73 $560.24 $41,033.87 $102.58 $560.24 $40,576.21 $417.17 $2,240.96 $40,576.21 $417.17 $2,240.96 $40,576.21 $101.44 $560.24 $40,117.41 $100.29 $560.24 $39,657.46 $99.i4 $563.24 $391196.36 $97.99 $560.24 $3S,734.11 $96.84 $560.24 $38,270.71 $95.68 $560.24 $37,SOG.15 $94.52 $560.24 $37,340.43 $93.35 $560.24 $36,a73.54 $92.18 $560.24 $36,405.48 $91.01 $560.24 $35,936.25 $89.84 $560.24 $35,465.S5 $88.66 $560.24 $34,994.27 ------------------------------ $1,140.94 --------------- $61722.88 $34,994.27 $1,558.11 $8,963.84 $34,994.27 r- �- \ 96- 5:344 ='AYMENT DATE J 98 � 9 8 9a � 98 r 9s _ 98 3 98 98 I" 98 J 98 98 UP TOT UM TOT r N E� R R Y N L G F� T V C 99 99 99 99 99 99 99 99 99 99 99 99 :UB TOT :UM TOT iN :B iR -R ►Y JN JL 1G P J IV :C 100 100 100 100 100 100 100 100 t00 100 100 t00 ;UB TOT ;UM TOT Fa.11ah Enterprises, Inc_. PRINCIPAL PAID $472. 75 $473. 94 $475. 12 $476. 31 $477. 50 $478. 69 $479. 89 $481. 09 $482. 29 $483. 50 $484. 71 $485. 92 --------------- $5, 751. 71 $ 13, 157. 44 $487. 13 $488. 35 $489. 57 $490. 80 $492. 02 $4 3. `5 $494. 49 $495. 72 $496. 96 $498. 20 $499. 45 $500. 70 ------------ $5, 926. 64 $19, 084. 08 $501 . 95 $503. 21 $504. 46 $505. 72 $506.99 $508. 26 $509. 53 $510. 80 $512. 08 $513. 36 $514. 64 $515. 93 --------------- $6, 106. 93 $25, 191. 01 INTEREST RAID $87. 49 $ 8 1. 1 2 $83. 93 $82. 74 $81. 55 $80. 35 $79. 15 $77. 95 $76. 74 $75. 53 $74. 32 $971. 17 529. $73. 11 $71.89 $70. 67 $69. 44 $68. 22 $66. 99 $65. 75 $64. 52 $63. 28 $62. 04 $60. 79 $59. 54 $796. 24 C 5 �� $3, 3cJ. J� $58. 29 $57. 03 $55. i8 $54. 5` $53. `5 $51. 98 $50. 71 $49. 44 $48. 16 $46. 88 $45. 60 $44. 31 $615. 95 $3, 941. 47 q TOTAL PAYMENT $560. 24 $560. 24 $`.,60. 24 $560. 24 $560. 24 $560. 24 $560. 24 $560. 24 $560. 24 $560. 24 $560. 24 $560. 24 --------------- $6, 722. 88 $ 15, Gab. 72 $560. 24 $560. _4 $560. 24 $560. 24 $560. 24 $560. 24 $560. 2L $560. 24 $560. 24 :6560. 24 $560. 24 $560. 2 4 --------------- $67722. 88 $227409. 60 $560. 24 $360. 24 $560. 24 $560. 24 $560. 24 $560. 24 $560. 24 $560. 24 $560. 24 $560. 24 $560. 24 $560. 24 --------------- $6, 722. 88 $291132. 48 LOAN BALANCE U4 5`1. 52 $34, 047. 55 $ 33, 572. 46 $33, 096. 15 $32 , 618. 65 $32, 139.96 $31, 66k7. 07 $31, 178.98 $30,696.69 $30, 213. 19 $29, 728. 48 $29, 242. 56 --------------- $29, 242. 56 $29, 242. 56 $28, 755. 43 $28, 267. 08 $27, 777. 51 $27, 286. 71 $26, 794. 69 $26, 301. 44 $25, 806. 95 $25, 31 1 . `3 $24, 814. 27 $24, 316. 07 $23, 816. 62 $23, 315. 92 --------------- $23, 315. 92 $23, 315. 92 $22, a13. 97 $22, 310. 76 $21, 806. 30 $21, 300. 58 $20, 793. 59 $20, 285. 33 $19, 775. 80 $19, 265. 00 $ l a, 752. 92 $18, 239. 56 $17, 724. 92 $17, 208. 99 --------------- $17, 208. 99 $17, 20a. 99 96-- 53 AYt=LENT DATE: J 101 3 10 i. R 101 Y lot J lot 101 3 101 GO 101 T 101 V 101 C 101 UB TOT UM TOT N R Q IR lY IN IL IG. :P ;T IV :C 102 102 102 102 102 102 102 102 102 102 102 102 3UB TOT :UM TOT IN :B AR R aY JN JL JG 103 103 103 103 103 103 103 103 3UB TOT :UM TOT Fallah Enterprises, Inc. PRINCIPAL PAID $517.22 $518. `,1 $519.81 $521. 1 1. $522. 41 L.J. It. $25. 02:' $526. 34 • $527. 65 $528. 97 $ 5 3 0 . is 9 $531. 62 --------------- $67 292. 67 $31, 4W. 6S c-•• C ti 4.28 $535. 62 $536. 96 $538. 30 $539. 64 $540. 99 c c .J L. .JJ $ 543. 70 $545. 06 $546. 4c $547. 79 --------------- $61484. 06 $37, 967. 74 $549. 16 $ 550. 5 3 $551. 91 $ 553. `9 $554. 67 $556. 06 $357. 45 $559. 19 _._._--_______.-_- $4, 432. 26 $ 42, 400. 00 INTEREST PAID $ 43. 02 $41. 73 $40. 43 `Ji39. 1.. $37.83 $36. 52 $ ..y5_ �.J �J . 1.`.L $33. 90 $32. 59 $,31. 27 $29. 93 $28. 62 --------------- $430. 21 $4, 371. 68 $2 7. 29 $25. 96 $24. 62 $23. 28 $21. 94 $20. 60 $19. 25 $17.89 $ 16. 54 $13. 18 $ 13. 82 `•n 1 2. 45 $238.82 $4, 610. 50 $11. o8 $9. 71 $8. 33 $6. 95 $5. 57 $4. 18 $2. 79 $1.40 __...,- .,_-_,-__,..- $50. 01 $4, 660. 51 TOTAL PAYMENT $560. 24 $560. 24 $560. 24 $560. 24 $560. 24 $560. 24 $560. 24 $560. :4 $560. 24 $560. 24 $560. 24 $560. 24 �t $6, 722. 88 $ 35, 855. 36 $560. 24 $560. 24 $560. 24 $560. 24 $560. 24 $560. `4 $560. 24 $560. 24 $560. 24 $560. 24 $560. 24 $560. 24 --------------- $6, 7W. 88 $42, 578. 24 $560. 24 $560. 24 $560. 24 $560. 24 $560. 24 $560. 24 $560. 24 $560. 59 .__.______--,_...__._- $4, 482. 27 $47, 060. 51 LOAN BALANCE $ 16, 691. 77 $ 16, 173. 26 $15, 6:: 3. 43, $15,132.34 $14, 609. 93 $14, 086. 21 $13, 561. 19 $ i 3, 034. 85 $ 12, 507. 20 $1 1, 978. 23 $1.1, 447.94 $10, 916. 32 $10, 916. 32 $10, 916. 32 $10, 383. 37 $9, 849. 09 $9, 313. 47 $8, 776. 51 $8, 230. 21 $7, 698. 57 $7, 157.58 $6, 615. 23 $6, 071. 53 $5, 526. 47 $4, 980. 05 $ 4, 432. 26 --------------- $ 4, 432. 26 $ 4, 432. 26 $3, 883. 10 $ 3, 332. 57 $2, 780. 66 $ 2, 227. 3 / $1, 6 72. K $1, 116.6/- $559.1 $0. 0t, $0. 04 $0. 01 96-- 53 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MAN ER TO WORK OUT A MODIFICATION OF T LOAN COMMITMENT MADE BY MIAMI CAPITAL DEVELOPMENT, INC. (MCDI) TO MR. J ID RASHID FOR FALAH ENTERPRISES, INC. DATED APRIL 18, 1996, TO PROVIDE A ONE TIME ONLY WORKING CAPITAL LOAN IN THE AMOUNT $42,400.00 FROM THE MICRO - ENTERPRISE LOAN FUND OF MCDI; FURTHER AUTHORIZING MCDI TO PROCEED AND APPROVE SAID LOAN IN ACCORDANCE WITH APPLICABLE ECONOMIC DEVELOPMENT GUIDELINES FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). WHEREAS, the City Commission is desirous of promoting and encouraging economic development and commercial revitalization in the City's neighborhood target areas; and WHEREAS, the City Commission provided financial assistance to small businesses within neighborhood target areas through the Community Development Block Grant Program and the City's lending arm, Miami Capital Development, Inc. (MCDI); and WHEREAS, FALAH Enterprises, INC. applied for a business loan with MCDI, Inc., which was approved subject to certain conditions as stated in MCDI's commitment letter of April 18, 1996; and WHEREAS, the City Commission is desirous of providing a loan to FALAH Enterprises, Inc. and has instructed City staff and MCDI to work out a one time only working capital loan; and 96- 53 WHEREAS, FALAH Enterprises, Inc. is a small business operating in the designated Coconut Grove Community Development target area; and WHEREAS, the Coconut Grove Community Development target area is an economically disadvantaged area requiring economic development assistance; and WHEREAS, the Coconut Grove Community Development target area has not been the recipient of many business loans from either the public or private sector. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set fourth in this Section. Section 2. The City Manager is hereby authorized to work out a modification of the loan commitment of April 18, 1.996, provided by Miami Capital Development, Inc. (MCDI) to Mr. Jihad Rashid of FALAH Enterprises, Inc. in order to provide a one time only working capital loan in the amount of $42,400.00 from the Micro -enterprise Loan Fund of MCDI, Inc. Section 3. The City Manager is hereby authorized to negotiate a reduction of the original loan amount from $50,000.00 to $42,400.00 for which the City will forgive the existing indebtedness of Mr. Rashid to the City in the amount of $3,602.00 from a previous City loan and also cover the cost of the commercial facade request up to $4,000.00 for FALAH Enterprises, Inc. in accordance with the guidelines of the citywide commercial facade paint program. Section 4. FALAH Enterprises, Inc. agrees to accept the financial and technical assistance available through the Small Business Assistance Center at Florida International University and Tools For Change. J6- 4 I Section 5. MCDI) is hereby instructed to proceed and approve the modified new loan in accordance with applicable Economic Development Guidelines of U.S. Department of Housing and Urban Development. MCDI shall fund this loan through its allocation budgeted under the Micro -enterprise Loan Program. Section 6. Due to the fact that this Resolution allows for a one time only loan to FALAH Enterprises, Inc., FALAH Enterprises, Inc. agrees that it shall not ask for any further financial assistance either from Miami Capital Development, Inc. nor from the City of Miami. Section 7. In addition to the herein described amount reduction and the one time only provision, the referred MCDI loan commitment is also to be modified as to its collateral and contingencies and other conditions/provisions in order to facilitate the prompt execution of same. The requirement of a second mortgage on residential real estate located at 3127 New York Street, Coconut Grove, Florida is specifically deleted; all other terms and requirements are to remain unchanged and shall be complied with. Section 8. The City Manager and MCDI are hereby authorized to execute the necessary documents, in a form acceptable to the City Attorney, to effectuate said purposes set fourth herein. Section 9. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this day of - )1996. ATTEST: WALTER J. FOEMAN, CITY CLERK , MAYOR 96-- 534 PREPARED AND REVIEWED BY: APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JONES, III ASSISTANT CITY ATTORNEY CITY ATTORNEY <disc>mcdimodr 96 - 53