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HomeMy WebLinkAboutCity of Tamarac Resolution (93)March 27, 2002 - Temp Reso #9726 Revision No. 1 — April 1, 2002 Revision No. 2 - April 2, 2002 Revision No. 3 — April 2, 2002 Revision No. 4 — April 4, 2002 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE PROVISION OF TEMPORARY CITY STAFF TO THE GREATER TAMARAC CHAMBER OF COMMERCE, INC. FOR A MAXIMUM OF SIXTY (60) DAYS; AUTHORIZING THE REVIEW OF MONTHLY FINANCIAL STATEMENTS BY CITY STAFF WITH APPROPRIATE DOCUMENTATION PREPARED BY A PRIVATE ACCOUNTANT FOR THE GREATER TAMARAC CHAMBER OF COMMERCE, INC. BOARD OF DIRECTORS; AUTHORIZING FINANCIAL ASSISTANCE IN THE FORM OF AN INTEREST -FREE, ONE (1) YEAR DEFERRED PAYMENT LOAN FOR A MAXIMUM TERM OF SIX (6) YEARS TO THE GREATER TAMARAC CHAMBER OF COMMERCE, INC. IN AN AMOUNT NOT TO EXCEED THIRTY THOUSAND ($30,000.00) DOLLARS; AUTHORIZING THE APPROPRIATE BUDGETARY TRANSFERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, economic welfare is one of the main concerns of a modern city; and WHEREAS, the Mayor and City Commission of the City of Tamarac support The Greater Tamarac Chamber of Commerce, Inc. (the "Chamber") in their mission to promote business activity in the City; and WHEREAS, the services and activities of the Chamber compliment the City's efforts to promote economic development; and WHEREAS, the Chamber has provided economic data, assistance, advice and March 27, 2002 - Temp Reso #9726 2 Revision No. 1 — April 1, 2002 Revision No. 2 - April 2, 2002 Revision No. 3 — April 2, 2002 Revision No. 4 — April 4, 2002 services to businesses in the City of Tamarac; and WHEREAS, a healthy local economy and strong business climate is in the public's best interest and in the interest of the citizens of the City of Tamarac; and WHEREAS, the City of Tamarac authorizes the provision of City staff to temporarily assist the Chamber in its daily operations until permanent staff can be employed but for no longer than sixty (60) days; and WHEREAS, City staff will provide review of monthly financial statements together with appropriate documentation prepared by a private accountant for the Chamber Board of Directors for a period not to exceed one (1) year; and WHEREAS, it is the further recommendation of the City Manager that the City Commission authorize financial assistance in the form of an interest -free, maximum six (6) year term loan with deferred payments for the first year to the Chamber in an amount not to exceed Thirty Thousand ($30,000.00) Dollars; and WHEREAS, F.S. 166.021(9)(b) states: "The governing body of a municipality may expend public funds to attract and retain business enterprises, and the use of public funds toward the achievement of such economic development goals constitutes a public purpose. The provisions of this chapter which confer powers and duties on the governing body of a municipality, including any powers not specifically prohibited by law which can be exercised by the governing body of a municipality, shall be liberally construed in order to effectively carry out the purposes of this subsection."; and WHEREAS, this expenditure is for the public purpose of ensuring the continued �I 1 March 27, 2002 - Temp Reso #9726 3 Revision No. 1 — April 1, 2002 Revision No. 2 - April 2, 2002 Revision No. 3 — April 2, 2002 Revision No. 4 — April 4, 2002 operation of the Chamber which is instrumental in improving the economic well being of the City of Tamarac; and WHEREAS, funding exists within the City of Tamarac's budget; and WHEREAS, a budgetary transfer is necessary to make these funds available; and WHEREAS, the City Manager and Director of Community Development recommend approval; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the provision of temporary City staff to The Greater Tamarac Chamber of Commerce, Inc. for a maximum of sixty (60) days; authorize the review of monthly financial statements by City staff with appropriate documentation prepared by a private accountant for The Greater Tamarac Chamber of Commerce, Inc. Board of Directors; authorize financial assistance in the form of an interest -free, one (1) year deferred payment loan for a maximum term of six (6) years to The Greater Tamarac Chamber of Commerce, Inc. in an amount not to exceed Thirty Thousand ($30,000.00) Dollars; and authorizing the appropriate budgetary transfers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. March 27, 2002 - Temp Reso #9726 4 Revision No. 1 —April 1, 2002 Revision No. 2 - April 2, 2002 Revision No. 3 — April 2, 2002 Revision No. 4 — April 4, 2002 SECTION 2: That the City Commission hereby authorize the provision of temporary City staff to The Greater Tamarac Chamber of Commerce, Inc. for a maximum of sixty (60) days; authorize the review of monthly financial statements by City staff with appropriate documentation prepared by a private accountant for The Greater Tamarac Chamber of Commerce, Inc. Board of Directors; authorize financial assistance in the form of an interest -free, one (1) year deferred payment loan for a maximum term of six (6) years to The Greater Tamarac Chamber of Commerce, Inc. in an amount not to exceed Thirty Thousand ($30,000.00) Dollars, upon execution of a Promissory Note, which form is approved by the City Manager and City Attorney. 1 SECTION 3: That the City Commission hereby authorizes the appropriate budgetary transfers. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 1 C SECTION 6: passage and adoption. March 27, 2002 - Temp Reso #9726 5 Revision No. 1 — April 1, 2002 Revision No. 2 - April 2, 2002 Revision No. 3 — April 2, 2002 Revision No. 4 — April 4, 2002 This Resolution shall become effective immediately upon its PASSED, ADOPTED, AND APPROVED this 10th day of April, 2002. ATTEST: i' MARION3ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RE_SOL]UTIO,N as to form. ITCHELL S. K CITY ATTORI' com mdev\u:\pats\userdata\wpdata\res\9726reso JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Al el DIST 1: V/M. PORTNER fly& DIST 2: COMM. MISHKIN A-yel DIST 3: COMM. SULTANOF_Ayel DIST 4: COMM. ROBERTS Ave., PROMISSORY NOTE S Date: Tamarac, Florida, Broward County Borrower: The Greater Tamarac Chamber of Commerce, Inc., a Florida Non Profit Corporation with principal address at 10080 McNab Road, Tamarac, Florida 33321. Lender: The City of Tamarac, a Municipal Corporation of the State of Florida with principal address at 7525 Northwest 88th Avenue, Tamarac, Florida 33321. 1. BORROWER'S PROMISE TO PAY The Greater Tamarac Chamber of Commerce, Inc. (Borrower) promises to pay United States Thirty Thousand Dollars ($30,000.00) ("principal"), with no interest, to the order of the City of Tamarac (Lender). The Borrower will make all payments under this Note in the form of cash, check or money order. The Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder". 2. INTEREST The Borrower will pay interest at a yearly rate of: zero percent (0%). Interest will not be charged on unpaid principal. The interest rate, if required, is the rate the Borrower will pay both before and after any default described in Section 7(B) of this Note. 3. TERMS The loan term is for a period of six years, commencing May 1, 2003. 4. PAYMENTS (A) Time and Place of Payments The Borrower will pay principal without interest by making a payment each year, with no payment due for the first twelve (12) months of the loan, commencing May 1, 2002. The Borrower will make the first annual payment on May 1, 2003. The Borrower will make payments annually until the Borrower has paid all principal and any other charges described below. Each yearly payment will be applied as of its Page 1 of 6 °pY scheduled due date. If, on May 1, 2009, the Borrower still owes amounts under this Note, the Borrower will pay those amounts in full on that date, which is called the "maturity date." Annual payments are to be made to the City of Tamarac at City Hall, 7525 NW 88th Avenue, Tamarac, FL 33321. (B) Amount of Annual Payments The annual payment will be in the amount of U.S. $ 5,000.00 (Five Thousand Dollars). 5. BORROWERS RIGHT TO PREPAY The Borrower has the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment". When the Borrower makes a prepayment, the Borrower shall inform the Lender in writing. The Borrower may make a full prepayment or partial prepayments without paying a prepayment charge. The Note Holder will use prepayments to reduce the amount of the principal owed under this Note. If the Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the yearly payment unless the Note Holder agrees in writing to those changes. 6. LOAN CHARGES If a law, which applies to this loan and which set maximum loan charges is finally interpreted so that the interest or other loan charges collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from the Borrower which exceeded permitted limits will be refunded to the Borrower. The Note Holder may choose to make this refund by reducing the principal owed under this Note or by making a direct payment to the Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payment The Lender will not charge the Borrower a late charge for an overdue payment. Page 2of6 PY (B) Default CO If the Borrower does not pay the full amount of each annual payment on the date it is due, the Borrower will be in default. (C) Notice of Default If the Borrower is in default, the Note Holder may send a written notice to the Borrower stating that if the overdue amount is not paid by a certain date, the Note Holder may require the Borrower to pay immediately the full amount of principal, which has not been paid. That date must be at least 30 (thirty) days after the date on which the notice is mailed to the Borrower or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when the borrower is in default, the Note Holder does not require the Borrower to pay immediately in full as described above, the Note Holder will still have the right to do so if the Borrower is in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required the Borrower to pay immediately in full as described above, the Note Holder will have the right to be paid back by the Borrower for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, but are not limited to, reasonable attorney's fees. 8. GIVING OF NOTICES Whenever either party desires or is required under this Note to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses: LENDER City Manager City of Tamarac 7525 N.W. 88t" Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. Page 3of6 BORROWER C�Ay The Greater Tamarac Chamber of Commerce, Inc. 10080 McNab Road Tamarac, FL 33321 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person, in their capacity as an Officer of The Greater Tamarac Chamber of Commerce, Inc., signs this Note, each Corporate Officer is fully obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any successor to that corporate office, and any guarantor, surety or endorser of this Note, is also obligated to do these things. Any person, who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against the Corporation. 10. INDEMNIFICATION The Borrower shall indemnify and hold harmless the Lender, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with operations of the Borrower or its officers, employees, agents, subcontractors, or independent contractors, excepting only such damage solely attributable to the negligence or willful misconduct of the Lender or its elected or appointed officials and employees. Each party shall be responsible for its own acts and will be responsible for all damages, costs, fees and expense which arise out of the performance of the Promissory Note and which are due to that party's own negligence, tortuous acts and other unlawful conduct and the negligence, tortuous acts and other unlawful conduct of its respective agents, officers and employees. The above provisions shall survive the termination of this Note and shall pertain to any occurrence during the term of this Note, even though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statues 768.28, as amended from time to time. 11.VENUE In case action is brought on this Note, it is agreed that the venue for such action shall be Broward County, State of Florida. Page 4 of 6 12. WAIVERS The Borrower who has obligations ender this Note waives the rights of presentment and notice of dishono. "Presentment" means the right to mand require the Note Holder to depayment of amounts due. "Notice of Dishonor" means the right to requim Note Holder to give notice to other persons that amounts due have not been paid. IN WITNESS WHEREOF, the BORROWER has made and executed this Note on the respective date under each signature. U 7WOIIIJIVX`--2�1 (Corporate & Type/Print Name of Corporate Secy (CORPORATE SEAL) Tamay-010- C4ian4ber �ye� orporpte Name of Borrower gh4ture of Nult'll �� _ gri ype/Print Name of Pr er� 5 a/ Q�z. Date Page $ of 6 CORPORATE ACKNOWLEDGEMENT :SS COUNTY OF 8RUA03 : I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the CpAnt�i aforesaid to take acknowledgments, personally appeared AKR �c-G Beg 2'c�2, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. 3V 0= WITNESS my hand and official seal this. day of M A V , 200-�- eel Y MY COMMISSION # IOC 926969 ��6t , EXPIRES: Apri111,2004 Bonded ThM Notary Pub4 Undrwft* Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public [Q---p&rsonally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or P115ID NOT take an oath. Page 6 of 6