HomeMy WebLinkAboutR-91-0008J-91-15
12/26/90
RESOLUTION NO. 9 1 o 8
A RESOLUTION AUTHORIZING THE CITY
ATTORNEY TO INITIATE APPROPRIATE LEGAL
PROCEEDINGS AND CIVIL ACTION AGAINST
THOMAS BENJAMIN, OWNER OF THOMAS
BENJAMIN PLUMBING, INC., TO RECOVER LOAN
FUNDS IN THE AMOUNT OF $64,453.62 FROM
SAID BUSINESS THROUGH THE MODEL CITY
SMALL BUSINESS DEVELOPMENT PILOT LOAN
PROGRAM.
WHEREAS, the Miami City Commission is committed to the
economic development and the expansion of trade and commerce in
the City of Miami; and
WHEREAS, the City Commission adopted Resolution No. 87-923
authorizing the establishment of the Small Business Development
Pilot Program in Model City; and
WHEREAS, the herein business owner received $75,000.00 from
the City; and
WHEREAS, $64,453.62 of the original loan amount is due to
the City; and
WHEREAS, Thomas Benjamin, owner of Thomas Benjamin Plumbing,
Inc., has defaulted on his Promissory Agreement with the City of
Miami and payment is more than 120 days past due;
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 Attorney is hereby authorized to
initiate appropriate legal proceedings and civil action against
Thomas Benjamin d/b/a Thomas Benjamin Plumbing, Inc. to recover
loan funds in the amount of $64,453.62 provided to said
individual through the Model City Small Business Development
Pilot Loan Program.
CITY COMMISSION
MEETING OF
JAN 1.0 1991
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Section 3. This Resolution shall become effective
j immediately upon its adoption.
PASSED AND ADOPTED this loth day of January 1991.
XAVIE SUAREZ
MAYOR
ATTE
MATTY HIRAI
CITY CLERK
COMMUNITY DEVELOPME T REVIEW AND APPROVAL:
i
FRANK CASTAPEDA, DIRECTOR
DEPARTMENT OF COMMUNITY DEVELOPMENT
PREPARED AND APPROVED BY:
ALBER'TINE B. SMITH <'
CHIEF ASSISTANT CITY TTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
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CITY OF MIAMI, FLORIDA CAM11
INTER -OFFICE MEMORANDUM
To : Honorable Mayor and Members DATE : JAN - 1991 FILE
of the City Commission
Authorization to Initiate
SUBJECT Default Proceedings
FROM: Cesar H. Odi REFERENCES `rhomaa Benjamin d/b/a Thomas
City Manager Benjamin Plumbing, Inc.
ENCLOSURES:
RECOMMENDATION
It is recommended that the City Commission authorize the City
Manager to advise the City Attorney to proceed in initiating
default proceedings as it relates to the Model City Small
Business Development Pilot Program against Thomas Benjamin owner
of Thomas Benjamin Plumbing, Inc. to recover the City's loan
funds.
BA,CRGROUND
On October 25, 1988, Thomas Benjamin, owner of Thomas Benjamin
Plumbing, Inc., and loan recipient of $75,000 via the Model City
Small Business Development Pilot Program entered into a
Promissory Agreement with the City of Miami. As of
February 1990, the aforementioned loan recipient has defaulted
on his agreement per the following terms:
ITEM MO. DEFAULT PROVISION
1 Should there be a default in the punctual and
full payment of interest or an installment of
principal due hereunder; or
12 Should the borrower fail to accept Technical
Assistance provided by the City .'or fail to
make financial records available to City
staff for review upon notification; or
13 Should a mortgage, mechanics, laborers or
other lien be foreclosed against the borrower
and/or the business premises;
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Honorable Mayor and Members
of the City Commission
Page 2
A total of $64,453.62 is due from the loan recipient from an
approved and disbursed amount of $75,000.
Based on the above information, the Department of Community is
requesting that the City Commission authorize the City Manager to
proceed with legal action against Thomas Benjamin d/b/a Thomas
Benjamin Plumbing, Inc. to recover the City's funds allocated to
the aforementioned business.
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