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HomeMy WebLinkAboutPR 16084: MCALISTER'S DELI PAYMENT AGREEMENT Memorandum City of Port Arthur, Texas Finance Department To: Steve Fitzgibbons, City Manager From: Deborah Echols, Director of Finance Date: August 31, 2010 Subject: Proposed Resolution 16084 McAlister's Deli has a very large water, sewer and garbage bill ($11,340.52) which they have agreed to pay over time. McAlister's Deli has paid $2,268.11 down leaving a balance of $9,072.42. They have agreed to pay monthly payments of $756.04 over 12 months with 0% interest. P. R. NO. 16084 JJA: 8/31/10 RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF A PAYMENT AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND MCALISTER'S DELI WHEREAS, McAlister's Deli owed $11,340.53 in water, sewer and garbage bills; and WHEREAS, McAlisters's Deli has paid $2,268.11 down and requested a twelve month note to pay the remaining $9,072.42 with no interest. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That, the Payment Agreement as detailed in the attached Exhibit "A" is herein approved. Section 2. That McAlister's Deli representative acknowledges and agrees to the terms of this agreement by signing this resolution. Section 3. That, a copy of the caption of the Resolution shall be spread upon the Minutes of the Meeting of the City Council. READ, ADOPTED, AND APPROVED, this day of September, 2010, AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: NOES: Mayor ATTEST: Sherri Bellard, Acting City Secretary APPROVED AS TO FORM: Val Tizeno, City Attorney APPROVED FOR ADMINISTRATION: Steve Fitzgibbons, City Manager Deborah Echols, Finance Director AGREED TO: Wayne Parish — Representative of Mcalister's Deli S: \Finance \Resolutions\McAlisters Deli.docx APPROVE AS TO FORM: CITY ATTORNEY Of EXHIBIT "A" 12 MONTH INSTALLMENT AGREEMENT NAME Mcalister's Deli, Wayne Parish, Assistant Manager Address 8393 Memorial Blvd. Deli Port Arthur, Texas 77640 9,072.42 No. of Months 12 AGREEMENT FOR THE INSTALLMENT PAYMENT OF COST OF WATER & SEWER STATE OF TEXAS COUNTY OF JEFFERSON Since you have requested to pay the costs of water and sewer, ( "Delinquent Amounts. ") in installments; and Since the City of Port Arthur is willing to allow you to pay the Delinquent Amounts in installments; then, because of the city's agreement to let you pay the Delinquent Amounts installments and your agreement to pay the Delinquent Amounts and the accrued interest as denoted in Exhibit "A ", you and the City agree as follows: * * * * * ** Please Read and Initial that you Understand EACH PARAGAPH * * * * ** ( )1. Installment Payments. You will pay $2,268.11 at the time of your signing this agreement which represents (20 %) percent of the amount owed and you will pay installments of $756.04 per month beginning Sept. 27, 2010 and by the 27th day of every month until Aug, 27, 2011. ( ) 2 Suit. At the time you sign this agreement, you acknowledge that suit has NOT been filed on this account. If you fail to make payments as set out is paragraph 1 above, the City may immediately initiate suit to collect all amounts due on this account including interest and cost of collection, attorney's fees, or any other collection remedies available to the City of Port Arthur. ( ) 3 Abatement. In the event you do not make the agreed on payments, this agreement will become null and void IMMEDIATELY. ( ) 4 Events of Default. It will be an event of default under this Agreement if: a. You fail to make the payments in the amounts and on the dates required by Paragraph 1. ( ) 5 Once the installment agreement is fully paid, the City will release the lien that it has filed on the property. YOU UNDERSTAND AND AGREE THAT BY SIGNING THIS AGREEMENT YOU ARE IRREVOCABLY ADMITTING YOUR PERSONAL LIABILITY FOR THE DELINQUENT AMOUNT. Executed this day of September , 2010 . City of Port Arthur By: Finance Department Name: Debtor Approved by: NOTE: PAYMENTS SHOULD BE MAILED TO: City of Port Arthur Finance Department P. O. Box 1089 444 4 Street Port Arthur, Texas 77641 JJA/WORD /INSTALLMENT AGREEMENT Interest Vision Amortization Schedule Loan or Annuity Variables: Start Date: Aug 27, 2010 End Date: Aug 27, 2011 Start Payment: Aug 27, 2010 No. of Payments: 12 Start Interest: Aug 27, 2010 Interest Rate: 0.000% Payment Freq.: Monthly Initial Principal: $9072.42 Compound Freq.: Monthly Payment Amount: $756.04 Days in Mo. /Yr.: Actual No. Balloon: $0.00 Payment Mode: In Arrears Amortization Method: Simple Int. Payment Interest Interest No. Date Amount Amount Rate /Yr. Principal Balance Aug 27, 2010 0.00 0.00 0.000 0.00 9072.42 1 Sep 27, 2010 756.04 0.00 0.000 756.04 8316.39 2 Oct 27, 2010 756.04 0.00 0.000 756.04 7560.35 3 Nov 27, 2010 756.04 0.00 0.000 756.04 6804.32 4 Dec 27, 2010 756.04 0.00 0.000 756.04 6048.28 5 Jan 27, 2011 756.04 0.00 0.000 756.04 5292.25 6 Feb 27, 2011 756.04 0.00 0.000 756.04 4536.21 7 Mar 27, 2011 756.04 0.00 0.000 756.04 3780.18 8 Apr 27, 2011 756.04 0.00 0.000 756.04 3024.14 9 May 27, 2011 756.04 0.00 0.000 756.04 2268.11 10 Jun 27, 2011 756.04 0.00 0.000 756.04 1512.07 11 Jul 27, 2011 756.04 0.00 0.000 756.04 756.04 12 Aug 27, 2011 756.04 0.00 0.000 756.04 0.00 UT470I01 CITY OF PORT ARTHUR CXLIB Account History - Combined In 8/27/10 Inquiry Y 15:022 ::227 Customer ID: 106995 Name: MCALISTER'S DELI Location ID: 119432 Addr: 8393 MEMORIAL BLVD DELI Cycle /route • 55 01 Amount due 11,340.53 • Initiation date . . : 12/11/07 Pending Termination date 2,268.11 - Customer /location status A Type options, press Enter. 5= Display Trn Trn /Due Description Trn /Pry Reference Running Opt LB ADJ 8/25/10 Cancel Amount Date /Num Balance FEE LW ADJ 8/25/10 LATE PAYMENT FEE 42.68 7/23/10 11,340.38 LC ADJ 8/25/10 LATE PAYMENT FEE 1.80 7/23/10 11,297.70 BL BILL 8/20/10 CYCLE BILL 413.39 8/23/10 11,295.90 MA PMT 8/09/10 LAMONICA 08091001 446.30- _ LB ADJ 8/02/10 LATE PAYMENT FEE 10,882.51 LW ADJ 8/02/10 LATE PAYMENT FEE 987.37 6/28/10 11,328.66 LC ADJ 8/02/10 LATE PAYMENT FEE 1.80 6/28/10 10,341.29 More... F3 =Exit F5=Adjustments F7= Pending F8= Charges F9 =Print history FlO= Change view F11= Payments F12= Cancel F24 =More keys