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HomeMy WebLinkAboutR-89-0905J-89-951 10/4/89 RESOLUTION NO. 89. 905 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INITIATE APPROPRIATE LEGAL PROCEEDINGS AND CIVIL ACTION AGAINST MR. ARTHUR J. BROOKS, D/B/A UNCLE ARTHUR'S GROCERY STORE TO RECOVER LOAN FUNDS IN THE AMOUNT OF $15,000 TO SAID INDIVIDUAL VIA 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 $15,000 from the Small Business Development Pilot Program; and WHEREAS, Arthur J. Brooks, owner of Uncle Arthur's Grocery Store, 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 Arthur J. Brooks, d/b/a Uncle Arthur's Grocery Store to recover loan funds in the amount of $15,000 to said individual via the Model City Small Business Development Pilot Loan Program, CITY COMMISSION MEETING OF OCT 12 i989 RESOLUTION No. �: REMARKS: Section 3. This Resolution shall become effective Immediately upon its adoption. PASSED AND ADOPTED this 12th day of October , 1989. I XAVIER L. JUAREZ MA ATTEST: CITY CLERK COMMUNITY DEVELOPMENT REVIEW AND APPROVAL: FRA K AS ANEDA, DIRECTOR DEPARTMENT OF COMMUNITY DEVELOPMENT APPROVED AS TO FORM AND CORRECTNESS: A &�-t LIC JOR E L. FERN NDEZ 794-- CIT ATTORNEY /gjd -2 V►, CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM To: Honorable Mayor and Members of the City Commission 6 FROM: �e&sarH. Odio City Manager RECOMMENDATION CA=33 DATE: 0 CT — 4 9989 FILE: Authorization to Initiate SUBJECT: Default Proceedings REFERENCES -Arthur J. Brooks, d/b/a Uncle Arthur's Grocery Store ENCLOSURES: It is recommended that the City Commission authorize the City Manager- to advise the City Attorney to pr.oceed in initiating default. proceedings as it relates to the Model City Small Business Development Pilot Program against Arthur Brooks, d/b/a Uncle Arthur's Grocery Store to recover the City's loan funds. BACKGROUND On January 6, 1988, Mr. Arthur J. Brooks, owner of Uncle Arthur's Grocery Store and loan recipient of $15,000 via the Model City Small Business Development Pilot Program entered into a Promissory Agreement with the City of Miami. As of March, 1989 the aforementioned loan recipient has defaulted on the 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 A total of $15,000.00 dollars has been disbursed to the loan recipient from the approved loan fund. The recipient's first loan payment was due on July 1, 1988. To- date, we have received approximately $1,617.18 in loan payments from the aforementioned recipient. Please note that the last payment was received in March, 1988. However, the check submitted for payment was returned for non -sufficient funds. 1 Based on the above information, we are therefore requesting that 1; the City Commission authorize the City Manager to proceed with a legal action against Uncle Arthur's Grocery Store to recov the {, City's funds allocated to the aforementioned busineiss. W4 i / 0 j 4 -.