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HomeMy WebLinkAboutR-90-0419J-90-439 5/24/90 RESOLUTION NO. 90'"® 419 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INITIATE APPROPRIATE LEGAL PROCEEDINGS AND CIVIL ACTION AGAINST MR. EDWARD ALLEN, D/B/A JEWELRY BY KETA TO RECOVER LOAN FUNDS IN THE AMOUNT OF $5,738.31 PREVIOUSLY PAID TO SAID INDIVIDUAL 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 recipient has received $7,343.99 from the Small Business Development Pilot Program; and WHEREAS, a total of $1,605.68 has been paid to -date on said loan; and WHEREAS, Edward Allen, owner of Jewelry by Keta, 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 MIA.MI, 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 Edward Allen, d/b/a Jewelry by Keta, to recover loan funds in the amount of $5,738.31 paid to said individual through the Model City Small Business Development Pilot Loan Program. CITY* COMMISSION MEETING OF Juti 7 19W 90- 419 L0 Section 3. This Resc�lur_i.on immediately upon its adoption. shall become PASSED AND ADOPTED this 7th day of June AT'PFCT , CITY CLERK COMMUNITY DEVELOPMENT REVIEW AND APPROVAL: FRANK GASTANEDA, DIRECTOR DEPARTMENT OF COMMUNITY DEVELOPMENT PREPARED AND APPROVED BY: ALB RTINE B. SMITH CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JOR E ERNANDEZ CIT ATTO NEY M1523 ?ffectiv- op 1990. "XAVIER L-.-SUAREZ MAYOR _ 2-- Im CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM To, Honorable Mayor and Members of the City Commission FROM Cesar H. Odio City Manager RECOMMENDATION DATE MA` 2 91990 FILE SUBJECT Authorization to Initiate Default Proceedings REFERENCES .Edward Allen d/ b/ a Jewelry by Keta ENCLOSURES 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 Edward Allen d/b/a Jewelry by Keta to recover the City`s loan funds. BACKGROUND On March 23, 1988, Mr. Edward Allen, owner of Jewelry by Keta and loan recipient of $10,000 via the Model City Small Business Development Pilot Program entered into a Promissory Agreement with the City of Miami. As of June 6, 1989 the aforementioned loan recipient has defaulted on his agreement per the following terms: ITEM NO. 1 DEFAULT PROVISION 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 he has read, understood and agreed to; or A total of $7,343.99 has been disbursed to the loan recipient from an approved amount of. $10,000. 90_ 419 11 - cfiD