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HomeMy WebLinkAboutR-90-0418J--90-425 5/24/90 RESOLUTION NO. 90 - 418 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INITIATE APPROPRIATE LEGAL PROCEEDINGS AND CIVIL: ACTION AGAINST JEAN P. CASSEUS AND MARIE THOMAS, D/B/A FURNITURE PALACE DISCOUNT, INC., TO RECOVER LOAN FUNDS IN THE AMOUNT OF $17,125.04 PAID TO SAID INDIVIDUALS 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 aforementioned loan recipients have received $20,000 from the Small Business Development Pilot Program; and WHEREAS, the loan recipient has made payments totalling $2,874.96; and WHEREAS, Jean P. Casseus and Marie Thomas, owners of Furniture Palace Discount, Inc., have defaulted on their 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 Jean P. Casseus and Marie Thomas, d/b/a Furniture Palace Discount, Inc., to recover loan funds in the amount of $17,125.04 CITY C1C3MbUSSION MEETING OF - J U N 7 19W 90. 418 4 0 n paid to said individuals through the Phodpl City Small susi.ness Development Pilot Loan Program. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 7th day of June _ , 1990. rmmc rm. CITY CLERK COMMUNITY DEVELOPMENT REVIEW AND APPROVAL: FRANK CA$ ANEDA, DIRECTOR DEPARTMENT OF COMMUNITY DEVELOPMENT PREPARED AND APPROVED BY: ALBER INE B. SMITH CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: f',f 1 c JYO GE FEjNANDEZ CI Y ATTORNEY M1520 XAVIER L. S AREZ ELK XOR 90- 418 _2_ 0 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM To Honorable Mayor and Members of the City Commission Lt FROM Cesar H. Odi City Manager RECOMMENDATION CAm2'1 DATE i M AY 2 91990 FILE SUBJECT: Authorization to Initiate Default Proceedings REFERENCES:Jean P. Casseus & Marie Thomas d/b/a Furniture Palace ENCLOSURES Di s c o u n t, Inc . 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 Jean P. Casseus and Marie Thomas d/b/a Furniture Palace Discount, recover the City's loan funds. BACKGROUND On April 12, 1988, Jean P. Casseus and Marie Thomas owners of Furniture Palace Discount,. Inc. and loan recipients of $20,000 via the Model City Small Business Development Pilot Program entered into a Promissory Agreement with the City of Miami. As of October 1, 1989 the aforementioned loan recipients has defaulted on their agreement per the following terms: ITEM NO. 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 15 Should the borrower fail to faithfully and fully comply with the program requirements and/or obligations of. the borrower/loan recipient set forth in the Promissory Note and Disbursement Agreement pertaining to the program, which the borrower hereby represents lie has read, understood and agreed to; or A total of. $20,000 has been disbursed to the loan recipient from an approved amount of $20,000. 90- 418 0 0 Honorable Mayor and Members of the City Commission Page 2 The recipient's first loan payment was due on October 1, 1988. To-dat , we have received a total of $2,874.96 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 _Jean P. Casseus and Marie Thomas d/h/a Furniture Palace Discount, Inc. to recover the City-s funds allocated to the aforementioned business. /gj d Z