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HomeMy WebLinkAboutR-90-06694 E 7 RNSOLUTION N0. 90- 669 A "SOLUTION, AMORIS ilia THE CITY ATTOMEr TO INtTlAft APORt PAIATN LWAL PROCMONO AND . CIVIL ACTION AGAINST MR. LUIS 99MITESI D/b/A B. 8. & SONS CORPORATION, TO RECOVER LOAN FUNDS IN THE AMOUNT OP $43001.52 TO SAID INDIVIDUAL THROUGH THE CIT"1019 SMALL w BUSINESS DEVELOPMENT PILOT LOAN PAOdRAM0 t" T -- WHEREAS, the Miami City Commission is committed to the economic development and the expansion of trade and commerce in -i the City of Miami; and y ,_- WHEREAS, the City Commission adopted Resolution No. 88-743 authorizing the establishment of the, Citywide Small Business Development Pilot Program; and WHEREAS, the aforementioned loan recipient has received $45,00,0 from the Citywide Small Business Development Pilot Program; and WHEREAS, the aforementioned loan recipient has made payments of $1,698948 to -date; and WHEREAS, Luis Benitez, owner of B. B. & Sons Corporation, - 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: EEL 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 le al q proceedings and civil action against i— Luis Benitez, d/b/a B. B. b Sons Corporation, recover loan ,A Ito funds in the amount of $43,301.52 paid to said individual through the Citywide Small Business Development Pilot Loan Program. N, r G� :11111�W or SEP 7 1"Q Ow x 7777 3SjX 1i } H This **Ablution shall bee6so OffOtt t ►t a imshdiateiy` upun its Adoption. pAsgjD ANo AbopTsD this 7th day of tAit►ber. � 11�i1� pig 10 5] RAVIER L. AREr:: s MA' ATTEST i JO 11L. FFIRNANDEZ CI Y ATTOR EY* T M� { $n¢�4 / B,3 d/159 _. t i � ty F CITY OF MiAW, FLORIDA E: IN MR -OFFICE MEMORANDUM Honorable Mayor and Members TO: ��- y Commission �, of the City : ' AUG 2 81990 Authorisation to 'Initiate suscr : Default Proceedings_ FROM: Cesar H. Odio RWERENM:Luis Benitez d/b/a B. B. = City Manager & Sons Corporation - ENCLMRO : a� 120MRe>DATioe 1t:.-is recommended. that the City Commission authorize the City Attorney to proceed in initiating default proceedings: as it relates to the Citywide Small Business.Development' Pilot Program Against Luis Benitez d/b/a B. B. Sons Corporation to recover, the City's loan funds. EACICOROUND The Department of Community Development (DCD) has analysed 'the need to initiate appropriate legal proceedings and civil,.actipn x t against Luis. Benitez d/b/a of B. )3. B-' Sons Corporation'. r October 21, 1988, Luis Benitez, owner of B. B.'b Sons Corporation and the loan recipient of $45,000 via the, Citywide Small Business, Development Pilot Program entered into a PromiseAgreement f . with the City of Miami. As of June b, 1989, the aforementioned- loan recipient has defaulted on his agreement per the followlag � torus: ,` f TT— XK . 50.. DZIAULT PROVISION 1 Should there be a default in the _ punctual,* full payment of interest or an ine-tall.esaat principal due hereunder; or 12 Should the borrower fail to acceptTechni+iil Assistance provided by the Ciky or fail rCo` make financial. records available to Ci.>y staff for review upon notification** or FA, 15 Should the borrower fail to' fetitbfts1T!Id t full comPl with the Y y program re uir#oaPt. and/or obligations of the borrove /-ID O � - recipient s¢t forth im the Promioeor+ r and Disbcreemen Agreement pert&I, Aug.. o 's' ` proo roA, which the be ro�rar her+sb ► rBFt 4 he ham raad, ,undsratood and sr+ee ,foi;r�4 9^ r x N y' y 1 Lh The tofol loan Amount of $45 #000 - be@ been disba ed k �a yecipiaat� � --_ 2r ' r 'r Oid F• rf 4y ; t , A ' .r kyE — Monorable. Mayor,, and Members of the City Cowmission Page 2 The recipient`s firstloan payment was due on October To -date, .we have received a total of $1,698.48 as payment on said loan. Based on' the above information, we are therefore requesting that _ the; City -,,Commission authorize the City Manager, to proceed with legal action against'Y.uis Benitez d/b/a B. B. 6 Sons Corporation - to recover the City's funds allocated to the.. aforementioned businei"a.. ., d z. _ f? F: tm a : F z , .. 4N l S 4 1 b 2yY .. SI tF' 1. At _ f