HomeMy WebLinkAboutResolution - 2015-R0280 - Contract - Amanda Kushwaha - Agreed Payment Schedule, Villa Town Motel - 09/10/2015Resolution No. 2015-RO280
Item No. 6.4
September 10, 2015
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, an Agreed Payment Schedule Contract
with Amanda Kushwaha, doing business as the Villa Town Motel, and related
documents. Said Contract is attached hereto and incorporated in this resolution as if fully
set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on September 10, 2015
GL . OB SON, MAYOR
ATTEST:
oe
Rebec t
a Garza, City Secretary
APPROVED AS TO CONTENT:
/IIMJ. r.6 &h'
YLinda Cuellar, Acting Director of Finance
11003 Rs I
I N6-2-�
JefWartfilf, Chief Litigation Attorney
vw:ccdocs1RES.Agrtnt-Vi11a Town
August 24, 2015
Resolution No. 2015-RO280
AGREED PAYMENT SCHEDULE, CON'T'RACT
This Agreed Payment Schedule Contract (hereinafter referred to as the "Agreement") is
entered, into between the City of Lubbock, a home rule municipal corporation of the State of
Texas (hereinafter referred to as the "City") and Amanda Kusbwaha (hereinafter referred to as
"ICtishtvaha'�.
RECITALS
WHEREAS, Kushwaha is doing business in the City of Lubbock and owns and operates
a motel. doing business as the Villa Town Motel located at 5401 Avenue Q in Lubbock, Texas;
and
WHEREAS, the City of Lubbock Code of Ordinances, §18.03.001-18.03.005, imposes
a hotel occupancy tax pursuant to §351.002 of the Texas Tax Code; and
WHEREAS, the City of Lubbock Code of Ordinances requires that anyone owning,
opeiatiilg, managing or controlling any hotel or motel shall collect the tax imposed by the City;
ana;
WHEREAS, Kushwaha has failed to collect or remit to the City certain taxes imposed by
the City of Lubbock Code of Ordinances between 2009 and 2012; and
WHEREAS, the City filed suit against Kushwaha in Cause No. 2014-511,660 to collect
back taxes owed to the City from 2009 through 2012; and
WHEREAS, Kushwaha acknowledges and agrees that she owes the City Seventy -Four
Thousand Dollars ($74,000.00) in back taxes and owes interest and penalties .regarding this
arrearage; and
WHEREAS, the City and Kushwaha desire to enter into an agreement for Kushwaha to
pay •`the arrearage' over a five (5) year period;
NOW THEREFORE, IN CONSIDERATION of the mutual promises and agreements, as
set forth herein, including the recitals set forth above, and other good and valuable consideration,
Kushwaha and the City agree as follows:
1. Kushwaha shall:
i), Pay an initial payment of $15,000 to the City on or before November 1,
2015; and
ii) Pay in sixty (60) equal installments beginning November 1, 2015, the
amount of One Thousand Seven Hundred Twenty Two and 24/100
($1,722.24) and on the first day of each month thereafter, through and
including October 1, 2020, as set forth in Exhibit "A" (attached hereto and
incorporated herein as though fully set forth) starting on November 1,
2015; and
iii) Kushwaha shall pay and maintain any and all current hotel taxes monthly
accruing on or before the date the taxes become due as required under Chapter 18
of the Code of Ordinances of the City of Lubbock.
sl, Kushwaha shall be in default under this Agreement ("Event of Default") if any
orie:'or more of the following events shall occur:
i) Kushwaha shall fail to perform or observe any obligation or covenant
hereunder;
ii) Failure to timely pay the City the amounts and in the manner provided in
paragraph 1 (i), (ii), and (iii); or
iii) . Kushwaha (a) applies for or consents to the appointment of a receiver,
trustee, intervenor, custodian or liquidator of all or substantial part of net
assets; (b) is adjudicated a bankrupt, insolvent, files a voluntary petition
for bankruptcy, or admits in writing that she is unable to pay her debts as
they become due; (c) makes a general assignment for the benefit of
creditors; (d) files a petition or answer seeking reorganization or an
arrangement with creditors or to take advantage of any bankruptcy or
insolvency; or (e) files an answer admitting the material allegations of, or
consent to, or default in answering, a petition filed against Kushwaba in
any barkuptcy, reorganization or insolvency proceeding, or take any
action for the pin -pose of effecting any of the foregoing.
P. If an Event of Default shall occur and be continuing ten (10) calendar days after
written notice to cure the Event of Default, the City may, at its option, (i) declare
all unpaid amounts due hereunder immediately due and owing without any further
notice to Kushwaha, Ksuhwaha, without limiting the nature of the proceeding,
expressly waives any and all rights to notice of intent to accelerate and notice of
acceleration; and/or (ii) exercise any and all rights available to it in law, equity,
contract or otherwise, including the filing of suit suit against Kushwaha for breach
of this Agreement.
Also, if an Event of Default shall occur and be continuing, after ten (10) calendar
days after written notice to cure the Event of Default, Kushwaha shall pay and
immediately be liable to the City an additional sum of Twenty -Eight Thousand
Dollars ($28,000.00) in back taxes, plus penalties and interest on said amount as
provided by Chapter 18.03.001 et seq. of the Code of Ordinances of the City of
Lutibook. Interest and penalties on the $28,000 shall be calculated as if
the $28,000 was due on December 31, 2012.
P4. All notices required hereunder shall be in writing, and be delivered United States
Mail registered or certified, return receipt requested, postage prepaid, and
addressed as follows:
Amanda Kushwaha
831 Rosebud Dr.
Oxnard, California 93036
Notice shall be deemed to be delivered and received, upon the date of the deposit
of, in a regularly maintained receptacle for the United States Mail, registered or
certified, return receipt requested.
Kushwaha may change the address provided herein by notice to City to at
Accounting Department
P.O. Box 2000
Lubbock, Texas 79457
Such address change should be effective within fifteen (15) days after the date of
delivery and receipt.
5. This Agreement shall inure to the benefit of, and be binding upon, Kushwaha
her legal representatives, successors or assigns, and to the City, its legal
representatives, successors or assigns.
K All :signatories to this Agreement hereby warrant that they have the authority to
execute this Agreement and bind the respective parties.
7. This Agreement states the entire agreement of the parties with respect to the
matters discussed herein, and supersedes all prior or contemporaneous oral or
written understandings, agreements, statements or promises.
8, This Agreement may not be amended or modified in any respect except by a
written instrument duly executed by all the parties to this Agreement.
9. If any portion of this Agreement is held unenforceable by a court of competent
jurisdiction, the remainder of this Agreement shall not be affected and shall
remain fully in force and enforceable.
10. Each party to this Agreement acknowledges and agrees that they have obtained
legal representation and advice as they have deemed appropriate in entering into
this' Agreement.
11. It is further understood that this Agreement shall be governed by and will be
construed by the laws of the State of Texas. Venue for any such action constraing
this Agreement shall be in Lubbock County, Texas.
12. This Agreement may be executed in a number of identical counterparts, each of
which shall be deemed an original for all purposes.
Dated this 10th day of September 2015.
CITY OF LUBBOCK
;� e . k2.obe sou; Mayor
AMANDA KUSHWAHA
� I • ti � .1
Villa Town
Taxes Owed Principal -Gross
Start Date
Interest %
# of Payments
Monthly Payment
Payment #
1
2
3
4-
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20.
21
22
23
24
$ 104,083.86
Downpayment
$15,000.00
11/1/2015
Taxes Owed Principal -Net after Downpayment
$89,083.86
0.06
60
($1,722.24)
Principal
OS
Monthly. Payment
Due Date
Principal
Interest
$89,083.86
11/1/2015
1,276.82
445.42
87,807.04
(1,722.24)
12/1/2015
1,283.21
439.04
86,523.83
(1,722.24)
1/1/2016
1,289.62
432.62
85,234.21
(1,722.24)
2/1/2016
1,296.07
426.17
83,938.14
(1,722-24)
3/1/2016
1,302.55
419.69
82,635.59
(1,722-24)
4/1/2016
1,309.06
413.18
81,326.53
(1,722.24)
5/1/2016
1,315.61
406.63
80,010.92
(1,722.24)
6/1/2016
1,322.19
400.05
78,688.74
(1,722.24)
7/1/2016
1,328.80
393.44
77,359.94
(1,722.24)
8/1/2016
1,335.44
386.80
76,024.50
(1,722.24)
9/1/2016
1,342.12
380.12
74,682.38
(1,722.24)
10/1/2016
1,348.83
373.41
73,333.55
(1,722.24)
11/1/2016
1,355.57
366.67
71,977.98
(1,722.24)
12/1/2016
1,362.35
359.89
70,615.63
(1,722.24)
1/1/2017
1,369.16
353.08
69,246.47
(1,722.24)
2/1/2017
1,376.01
346.23
67,870.46
(1,722.24)
3/1/2017
1,382.89
339.35
66,487.57
(1,722.24)
4/1/2017
.1,389.80
332.44_
65,097.77_.
1,722.24,
5/1/2017
.1,396.75
325.49
63;701.01
(1,722.24)
6/1/2017
1,403.74,
.318,51
62,297.28
(1,722.24)
7/1/2017
1,410.75
311.49
60,886.52
(1,722.24)
8/1/2017-
1,41-7,81-
-,304.43-59,468--7-2-.
(_1—'722':24):
9/1/2017
11424.90
297.34
_58,043.82
(1L722.2�
10/1/2017'
1;432:02
290.22
"56;611.80
(1,722.24)
25
11/1/2017
1,439.18
283.06
55,172.62
(1,722.24)
26
12/1/2017
1,446.38
275.86
53,726.24
(1,722.24)
27
1/1/2018
1,453.61
268.63
52,272.63
(1,722.24)
28
2/1/2018
1,460.88
261.36
50,811.75
(1,722,24)
29
3/1/2018
1,468.18
254.06
49,343.57
(11722.24)
30
4/1/2018
1,475.52
246.72
47,868.05
(1,722.24)
31
5/1/2018
1,482.90
239.34
46,385.15
(1,722.24)
32
6/1/2018
1,490.31
231.93
44,894.83
(1,722.24)
33
7/1/2018
1,497.77
224.47
43,397.07
(1,722.24)
34
8/1/2018
1,505.26
216.99
41,891.81
(1,722,24)
35
9/1/2018
1,512.78
209.46
40,379.03
(1,722.24)
36
10/1/2018
1,520.35
201.90
38,858.68
(1,722.24)
37
11/1/2018
1,527.95
194.29
37,330.74
(1,722.24)
38
12/1/2018
1,535.59
186.65
35,795:15
(1,722.24)
39
1/1/2019
1,543.26
178.98
34,251.89
(1,722.24)
40
2/1/2019
1,550.98
171.26
32,700.90
(1,722.24)
41
3/1/2019
1,558.74
163.50
31,142.17
(1,722.24)
42
4/1/2019
1,566.53
155.71
29,575.64
(1,722.24)
43
5/1/2019
1,574.36
147.88
28,001.28
(1,722.24)
44
6/1/2019
1,582.23
140.01
26,419.04
(1,722.24)
45
7/1/2019
1,590.15
132.10
24,828.90
(1,722.24)
46
8/1/2019
1,598.10
124.14
23,230.80
(1,722.24)
47
9/1/2019
1,606.09
116.15
21,624.71
(1,722.24)
48
10/1/2019
1,614.12
108.12
20,010.60
(1,722.24)
49
11/1/2019
1,622.19
100.05
18,388.41
(1,722.24)
50
12/1/2019
1,630.30
91.94
16,758.11
(1,722.24)
51
1/1/2020
1,638.45
83.79
15,119.66
(1,722.24)
52.
2/1/20_2_0_
1,646.64
.75.60_
13,473_02
53
3/1/2020
1,654.88
67.37
11;818:14
(1,722.24)
54
4/1/2020
,1,663.15
59.09
10,154.99
(1,722.24)
55
5/1/2020
1,671.47
50.77
8,48353
(1,722.24)
S6-
-6/1/,2020:
4;6'7-982:
42:42-
=6;80370-
(47722124);
57
7/1/2020
_1,688.22
_34.02_
_5.115.48
L1,7Z2.24)
58
8/1/2020
"1,696:66
25.58
3,418:82
(1,722.24)
r
0) O