Agenda 03/08/2016 Item #16F 1 3/8/2016 16.F.1 .
EXECUTIVE SUMMARY
Recommendation to approve the termination of Agreements between Fine & Dandy Service, Inc.,
(d/b/a NAPKING), and the Collier County Water-Sewer District for payment of Wastewater
Impact Fees and Allowance for Funds Prudently Invested Fees related to building permit number
2010070017,and a debt write-off in the amount of$13,639.12.
OBJECTIVE: To terminate an Equipment Security Agreement (Attachment A), a Customer
Payment Agreement (Attachment B), and a General Agreement (Attachment C) for the payment
of a Wastewater Impact Fee and an Allowance for Funds Prudently Invested(AFPI) Fee assessed
on a tenant buildout permit for the addition of three commercial washing machines and to write-
off the unpaid balance as bad debt.
CONSIDERATIONS: At the September 14, 2010, Board meeting (Agenda Item 6E), Ms.
Denise Denard, owner of NAPKING, submitted a public petition for either a partial or complete
waiver of the Wastewater Impact Fee and the AFPI fees associated with permit number
2010070017, or a payment plan. The Board directed staff to investigate possible options, and on
October 12, 2010, (Agenda Item 10E)the Board heard presentations from the petitioner and staff
about the available options.
On December 14, 2010, the Board approved the above-referenced Agreements and a State of
Florida Uniform Commercial Code Financing Statement Form (Attachment D) which was filed with
the State of Florida on January 31, 2011.
When the impact fees were calculated for permit #2010070017 in 2010, they were based on a
methodology that used an ERC (equivalent residential connection) and flows as listed in the
Florida Administrative Code.
On November 12, 2013, the Board amended the provisions of the Impact Fee Program for
Existing Commercial Redevelopment (a.k.a. Change of Use Program) to include assessment of
Water and Wastewater Impact Fees related to a change of use to only be assessed if the existing
water meter (meter) is upsized. The meter size was not upsized in this case, so if the same
circumstance occurred anytime subsequent to the effective date of the amendment on December
1, 2013, the fees would not have been assessed.
Additionally, on February 10, 2015, the Board approved an ordinance amending Chapter 74 of
the Collier County Code of Laws and Ordinances adopting updated Water and Wastewater
Impact Fee rates that included a change to a meter-based methodology for calculation of the
fee. This change to meter size was beneficial to commercial fees payers, as in most cases the
impact fee assessment is lower (as proven in numerous alternative studies) and the process for
calculating the impact fee is less complex, therefore allowing customers to accurately estimate
fees. To the benefit of the County, this methodology streamlined the administrative process
both internally and externally and more accurately addressed the demand and capacity
requirements of commercial users. Furthermore, the AFPI fee was eliminated in 2012.
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The County has received $10,429.64 of the $24,068.76 amount originally assessed, which
consisted of all required payments through April 2015. On September 14, 2015, Denise Denard,
an owner of NAPKING, notified the County in writing (Attachment E) that NAPKING had
officially closed, all assets were liquidated to pay creditors, they are no longer in possession of
the equipment, and they have vacated the premises.
In consideration of monies received from this Agreement, recent modifications to commercial
impact fee calculations, the sunset of the AFPI fee, the amendment to the Change of Use
Program, and the potential cost involved in pursuing any fees owed/debt collection, staff
recommends terminating all existing agreements.
FISCAL IMPACT: The unpaid balance of $13,639.12, which consists of $11,883.00 in
Wastewater Impact Fees and $1,756.12 in AFPI Fees, will be written off as bad debt.
GROWTH MANAGEMENT IMPACT: There is no associated Growth Management Impact.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
approved as to form and legality, and requires majority vote for approval. —JAK
RECOMMENDATION: To terminate the Equipment Security Agreement, Customer Payment
Agreement, and General Agreement between Fine & Dandy Service, Inc. and the Collier County
Water-Sewer District and to write-off$13,639.12 as bad debt.
Prepared by: Amy Patterson, Director, Capital Project Planning, Impact Fees and Program
Management Division, Growth Management Department
Attachments:
1. Attachment A- Equipment Security Agreement
2. Attachment B - Customer Payment Agreement
3. Attachment C - General Agreement
4. Attachment D - State of Florida Uniform Commercial Financing Statement Form
5. Attachment E-Letter from Owner
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.1.
Item Summary: Recommendation to approve the termination of Agreements between
Fine & Dandy Service, Inc. (d/b/a NAPKING) and the Collier County Water-Sewer District for
payment of Wastewater Impact Fees and Allowance for Funds Prudently Invested Fees related
to building permit number 2010070017, and a debt write-off in the amount of$13,839.69.
Meeting Date: 3/8/2016
Prepared By
Name: FleishmanPaula
Title: Operations Analyst, Senior, Capital Project Planning, Impact Fees and Program Management
1/27/2016 12:55:16 PM
Submitted by
Title: Operations Analyst, Senior, Capital Project Planning,Impact Fees and Program Management
Name: FleishmanPaula
1/27/2016 12:55:17 PM
Approved By
Name: ZautckeLaura
Title: Management/Budget Analyst, Senior,Utilities Finance Operations
Date: 2/1/2016 8:15:32 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 2/4/2016 1:29:20 PM
Name: PattersonAmy
Title: Division Director-IF, CPP &PM, Capital Project Planning,Impact Fees and Program
Management
Date: 2/10/2016 12:19:43 PM
Name: KlatzkowJeff
Title: County Attorney,
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Date: 2/11/2016 4:08:29 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 2/23/2016 3:53:32 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 2/28/2016 3:23:48 PM
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ATTAtr,ivitN I H
EOUIPMENT SECURITY AGREEMENT
THIS EQUIPMENT SECURITY AGREEMENT--(hereinafter called the
"Agreement"), made and entered into on this 1 day of te![.ei. 2010, by and between
FINE & DANDY SERVICE, INC. d/b/a NAPKING, authorized to do business in the State of
Florida, whose business address is 4344 Enterprise Avenue, Unit 6, Naples, Florida 34104,
(hereinafter called the "Debtor") and BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE EX-OFFICIO GOVERNING BOARD OF
THE COLLIER COUNTY WATER-SEWER DISTRICT, (hereinafter called the "Secured
Party").
WITNESSETH:
1. Security Interest. Debtor grants to Secured Party a security interest ("Security
Interest") in all equipment(as such term is defined by the Uniform Commercial Code as in effect
in Florida) in which Debtor now has or hereafter acquires any right and the proceeds therefrom
("Collateral") presently including, but not limited to, the equipment listed on Exhibit A, attached
hereto. The Security Interest shall secure the payment of Debtor's Wastewater Impact Fees and
Allowance for Funds Prudently Invested Fee as described in the General Agreement and Intent
and Customer Payment Agreement, attached hereto as Exhibit B and C, respectively, in the
principal amount of Twenty Four Thousand Sixty-Eight and 76/100 Dollars($24,068.76) and the
payment and performance of all other liabilities and obligations of Debtor to Secured Party
(collectively with the"Customer Payment Agreement"called the"Obligations").
2. Financing Statements and Other Action. Debtor agrees to do all acts which
Secured Party deems necessary or desirable to protect the Security Interest or to otherwise carry
out the provisions of this Agreement.
3. Debtor's Place of Business. Debtor warrants that:
(a) Debtor's principal place of business is presently 4344 Enterprise
Avenue, Unit 6,Naples, Florida 34104.
(b) On or about December 1, 2010,Debtor's principal place of
business will be 4573 Enterprise Avenue,Unit 6, Naples, Florida
34104.
(c) The records concerning Debtor's accounts and contract rights are
located at 4344 Enterprise Avenue, Unit 6,Naples, Florida 34104.
(d) The record owner of the real estate on which the Collateral is
located is Arnold & Arnold Investments, Inc.,whose principle
address is 3073 S. Horseshoe Drive, Suite 118,Naples, Florida
34104.
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10. Default. If, while any Obligations are outstanding and any one or more of the
following events of default shall occur:
(a) any representation made by Debtor is untrue or any warranty is not
fulfilled;
(b) Debtor fails to pay any amounts due under any of the Obligations
when due and such failure continues for a period of fifteen (15)
days;
(c) the Debtor fails to observe or perform any covenant, warranty or
agreement under; (i) this Agreement and such failure continues for
a period of fifteen (15) days after Secured Party gives written
notice of such failure to the Debtor; or (ii) under any other
document executed by Debtor in connection with the Obligations
and such failure shall not be remedied within the time permitted
under such document.
(d) Debtor shall be in default under any other obligation undertaken by
Debtor which default has a material adverse effect on the financial
condition of Debtor or on the value of the Collateral;
(e) Debtor or any guarantor of the Obligations is involved in any
financial difficulty as evidenced by:
(i) an assignment, composition or similar device for the
benefit of creditors;or
(ii) inability to pay debts when due; or
(iii) an attachment or receivership of assets not dissolved within
thirty(30)days; or
(iv) the filing by Debtor or any guarantor of a petition under
any chapter of the Federal Bankruptcy Code or the
institution of any other proceeding under any law relating
to bankruptcy, bankruptcy reorganization, insolvency or
relief of debtors; or
(v) the filing against Debtor or any guarantor of an involuntary
petition under any chapter of the Federal Bankruptcy Code
or the institution of any other proceeding under any law
relating to bankruptcy, bankruptcy reorganization,
insolvency or relief of debtors where such petition or
proceeding is not dismissed within thirty(30)days from the
date on which it is filed or instituted,
then in each such event Secured Party may declare Debtor in default and exercise the Rights on
Default as hereinafter defined.
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11. Rights on Default. In the event of a default under this Agreement, Secured Party
may:
(a) by written notice to Debtor declare the Obligations, or any of them,
to be immediately due and payable without presentment, demand,
protest or notice of any kind, all of which are hereby expressly
waived by Debtor; and
(b) exercise the rights and remedies accorded a secured party by the
Uniform Commercial Code or by any document securing the
Obligations; and
(c) perform any warranty, covenant or agreement which the Debtor
has failed to perform under this Agreement; and
(d) take any other action which Secured Party deems necessary or
desirable to protect the Collateral or the Security Interest.
No course of dealing or delay in accelerating the Obligations or in taking or failing to
take any other action with respect to any event of default shall affect Secured Party's right to
take such action at a later time. No waiver as to any one default shall affect Secured Party's
rights upon any other default.
Secured Party may exercise any or all of its Rights on Default concurrently with or
independently of and without regard to the provisions of any other document which secures an
Obligation.
After default, Debtor, upon demand by Secured Party, shall assemble the Collateral at
Debtor's cost and make it available to Secured Party at a place to be designated by Secured
Party.
The requirement of the Uniform Commercial Code that the Secured Party give Debtor
reasonable notice of any proposed sale or disposition of the Collateral shall be met if such notice
is given to Debtor at least ten(I0)business days before the time of such sale or disposition.
12. Notices. Any notice under this Agreement shall be in writing and shall be
deemed delivered if mailed,postage prepaid to a party at the principal place of business specified
in this Agreement or such other address as may be specified by notice given after the date hereof.
13. Successors and Assigns. This Agreement shall inure to the benefit of and shall
bind the heirs, executors, administrators, legal representatives, successors and assigns of the
parties. The obligations of Debtor, if more than one, shall be joint and several.
14. Governing Law. This Agreement shall be governed by and construed under the
laws of Florida.
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Od
IN WITNESS WHEREOF, the DEBTOR and the SECURED PARTY have each,
respectively, by an authorized person or agent, hereunder set their hands and seals on the date and
year first abov: ' ritten.
DEBTOR• Fine & Dandy Service, Inc, d/b/a NapKing
ialgat.Pg4°
Wi °`•' ,
By: 66,,,,,e‘.(4 1�l?Q/GC!.
le-0 ENISE C. DENARD,DIRECTOR
Print Name
e -'Ra 0G�'o
Wi ness Signature
Cepe4a. CG.S\ n
P t Name
SECURED PARTY: . ,,,,,;:
ATTEST: BOARD OF COUNTY COMMISSIOOERS OF
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA;`;_,AS THE
GOVERNING BODY OF COLLIER COUNTY
AND EX-OFFICIO THE GOVERNING BOARD •
� ��� , OF THE COLLIER COUNTY WAx g-SEWER
W* , ,: c,,. DISTRICT
W
B . --4, .- ... By: -
# +!f 'tom;°• ii.t
uiy Clerk FRED W. COYLE, CHAIRM . N
�
3 i ffigyrt..oa•r'1: I�'
Approval for form and legal
Sufficiency:
Jenni er B. White
Assistant County Attorney
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EXHIBIT A
LIST OF COLLATERAL
Capital Equipment Description Make Model Serial Number
Commercial Washer 1 WASCOMAT exsm665s 66280-0001036
Commercial Washer 2 WASCOMAT exsm665c1 66280-0000498
Commercial Washer 3 WASCOMAT exsm665c1 66280-0000760
Flatwork Finisher 1 Shariyer Finish Flatwork Finisher 9950x66 cmvl 7782rr
Flatwork Finisher 2 Chicago Flatwork Finisher comet661y 155z91
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Debtor agrees to notify Secured Party of the addition or discontinuance of any place of
business or any change in the information contained in this paragraph.
4. Location of Collateral. Debtor agrees that all of the Collateral shall be located at
Debtor's place of business specified in this Agreement. None of the Collateral shall be removed
from the locations specified in paragraph 3 other than in the ordinary course of business,
5. Encumbrances. Debtor warrants that Debtor has title to the Collateral. Debtor
acknowledges that Provident Bank has filed two UCC Financing Statements in the Florida
Secured Transaction Registry for a Sharperfinish Master 2000 folding machine and warrants that
there are no other sums owed, claims, liens, security interests, or other encumbrances against the
Collateral. Debtor agrees to notify Secured Party of any claim, lien, security interest, or other
encumbrance made against the Collateral and shall defend the Collateral against any claim, lien,
security interest,or other encumbrance adverse to Secured Party.
6. Maintenance of Collateral. Debtor shall preserve the Collateral for the benefit of
Secured Party, Without limiting the generality of the foregoing, Debtor shall:
(a) make all repairs,replacements, additions and improvements
necessary to maintain any equipment in good working order and
condition;and
(b) pay all taxes, assessments, or other charges on the Collateral when
due.
Debtor shall not sell, lease or otherwise dispose of any item of the Collateral except with
the prior written consent of the Secured Party and shall not use the Collateral in violation of any
law.
7. Maintenance of Records. Debtor agrees to keep accurate and complete records
listing and describing the Collateral. Secured Party shall have the right at any time to inspect the
Collateral and to audit and make copies of any records or other writings which relate to the
Collateral or the general financial condition of Debtor.
8. Insurance. Debtor shall maintain insurance covering the Collateral against such
risks, with such insurers, in such form, and in such amounts as shall from time to time be
reasonably required by Secured Party. All insurance policies shall be written so as to be payable
to Secured Party in the event of loss and shall provide for ten (10) days' written notice to
Secured Party of cancellation or modification. At the request of Secured Party, all insurance
policies shall be furnished to and held by Secured Party.
9. Fixtures. It is the intention of Debtor and Secured Party that none of the
Collateral shall become fixtures.
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CoATTACHMENT B
7e ' ou
Public`Utililies Division
Utility Billing & Customer Service
CUSTOMER PAYMENT AGREEMENT
ACCOUNT#:
SITE ADDRESS: 4573 Enterprise Ave., Unit 6,Naples,Florida 34104
BILLING ADDRESS: 2271 Harbor Rd.,Naples,Florida 34104
OWNER NAME: Denise Denard or Michael Rhodes
Beginning balance$24,068.76 Number of Months,for Pay Plan 120 Months
I/We,Denise Denard or Michael Rhodes,agree to pay$ 200.57 dollars by the due date each Month.
Signature: //41.1-ae ,7X1'4d-
Home Phone#: —
Work Phone#: ‘.2,3 T ✓(;,S,? 0 ?O d
Cell Phone #: 3_` c — 0 g0 0
Prepared By: Donna Patterson Date: 10/14/10
Approved By: — cuww C\r i ` Date:__ ,\__ \.0
`��rrtt��
rarr,,
lJiiftyMg&Customer Service Deparnent•4420 Mercantile Ave.•Nees Honda'34104.239-252-2350•'Water/Sewer Bil ling&Trash Collection 239-2522380
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ATTACHMENT C
Colk-r County
PUBLIC UTILITIES 3301 Tamiami Trail E,Bldg.H,3rd f1
Ph.239.252.4215 Fax 239.252.6727 NAPLES,FL 34112
gilbertmoneivaiz@eolliergov.net
General Agreement and Intent
The purpose of this document is to outline the general agreement of terms discussed by the
Collier County Waster-Sewer District(CCWSD)staff(Mr. Jim DeLony, Mr. Tom Wides, Mr.
Gilbert Moncivaiz),Ms. Denise Denard(Applicant),and Michael Rhodes on October 12,2010.
These terms will be entered into the Executive Summary presented to the Board on October 26,
2010.
Due to the extraordinary and specific circumstances of the situation concerning permit number
2010070017, the Board authorized a one-time exception to the Consolidated Impact Fee
Ordinance, Ordinance 2001-13, as amended. The Board directed the CCWSD to enter into a
payment plan agreement with the Applicant for a wastewater impact fee and AFPI fee for permit
2010070017.
The CCWSD and the Applicant have agreed to the following terms for this one-time exception:
1. The supporting documentation for permit 2010070017 will be revised or re-submitted
to the Growth Management Division to reflect three commercial washing machines.
2. The wastewater impact fee of $20,970 and the AFPI fee of $3,098.76 (a total of
$24,068.76) are based upon three commercial washing machines and the flows as
listed in the Florida Administrative Code.
3. The payment plan will be interest free over a period of 10 years (requiring equal
monthly payments).
4. A lien in the amount of $24,068.76 will be initiated against the business' capital
equipment.
Applicant's Signature: ,, 4yi(oeY
Applicant's Printed Name: cl itJ 45
Date: f') / i3 07)
Hand Delivered and Witnessed by Gilbert Moneivaiz, Impact Fee Coordinator, Public
Utilities Division on October 15, 2010.
2 1614 /0 7.5/01,
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STATE OF FLORIDA UNIFORM COMMERCIAL CODE FLORIDA SECURED TRANSACTION REGISTRY
FINANCING STATEMENT FORM FILED
t A.NAME&DAYTIME PHONE NUMBER OF CONTACT PERSON
1
239-252-2553 • 2011 Jail 31 08:00 AM
B.SEND ACKNOWLEDGEMENT TO: ****** 201103973604 ******
Name Thomas G.Wides, Operations Director
Address Collier County Public Utilities
Address 3339 Tamiami Trail E., Suite 305
. cirylState/Zip Naples, Florida 34112
I. DEBTOR'S EXACT FULL LEGAL NAME—INSERT ONLY ONE DEBTOR NAME(la OR Ib)—Do Not Abbreviate or Combine Names
I ORGANIZATION'S NAME
Fine& Dandy Service, Inc.,d/b/a NapKing
Lb INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX
Denard Denise C.
I.c MAILING ADDRESS Line One This space not available.
1 4573 Enterprise Avenue, Unit 6
MAILING ADDRESS Line Two CI Yles FATE ' PPOOST�A4L CODE ' CO Y
I.d TAX ID# REGUIREo ADD'L INFO — I.e TYPE OF ORGANIZATION IS JURISDICTION OF ORGANIZATION I.g ORGANIZATIONAL ID#
ssn 159-549739 RE:ORGANIZATION DEBTOR Linen Supply Service Collier County DONE
2. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME—INSERT ONLY ONE DEBTOR NAME(2a OR 21)—Do Not Abbreviate or Combine Names
2.a ORGANIZATION'S NAME
Fine& Dandy Service, Inc.,d/b/a NapKing
2.b INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX
Rhodes Michael P.
2.c MAILING ADDRESS Line One This space not available.
4573 Enterprise Avenue, Unit 6
MAILING ADDRESS Line Two CI l� POSTAL CODE COUNTRY
�34
2.d TAX ID# REQUIRED ADD'L INFO 2.e TYPE OF ORGANIZATION 2.f JURISDICTION OF ORGANIZATION 2.g ORGANIZATION L IDfi
ssn 593-07-0144 RE ORGANIZATION DEBTOR Linen Supply Service Collier County ONE
,
3. SECURED PARTY'S NAME (or NAME of TOTAL ASSIGNEE of ASSIGNOR SIP)—INSERT ONLY ONE SECURED PARTY(3a OR3b)_
3.a ORGANIZATION'S NAME
Collier County Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District
3.b INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME - SUFFIX
c MAILING ADD SS Litye One This space not available.
Collier County Public Utilities
336NG pDDR S 1 tTw�uite 305 1ITY ' STATE POSTAL CODE ' COUNTRY
amtaml ral aples FL 134112 US
. 1
4.This FINANCING STATEMENT covers the following collateral:
Capital Equipment Description Make Model Serial Number
Commercial Washer 1 WASCOMAT exsm665s 66280-0001036
Commercial Washer 2 WASCOMAT exsm665c1 66280-0000498
Commercial Washer 3 WASCOMAT exsm665c1 66280-0000760
Flatwork Finisher 1 Sharper Finish Flatwork Finisher 9950x66 cmv17782rr
Flatwork Finisher 2 Chicago Flatwork Finisher comet66ly 155z91
5.ALTERNATE DESIGNATION(if applicable) t1 LESSEE/LESSOR CONSIGNEE/CONSIGNOR' BAILEE/BAILOR
AG.LIEN NON-UCC FILING SELLER/BUYER
6.Florida DOCUMENTARY STAMP TAX—YOU ARE REQUIRED TO CHECK EXACTLY ONE BOX
tjAll documentary stamps due and payable or to become due and payable pursuant to s.201.22 F.S.,have been paid,
0 Florida Documentary Stamp Tax is not required.
7.OPTIONAL FILER REFERENCE DATA •
STANDARD FORM-FORM UCC-I (REV.OI/2009) Filing Office Copy Approved by the Secretary of State,State of Florida
it
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Denise Denard
2271 Harbor Road
Naples, fl 34104
September, 14th 2015
GilbertMoncivaiz
Impact Coordinator
2800 N Horseshoe Drive
Naples, Fl 34104
Dear Gilbert,
As per our conversation: On April 30th 2015 we have officially
closed Fine & Dandy Service( DBA Napking). We had to
liquidate all of our assets in order to pay off our creditors and
are no longer in possession of equipment and materials that
would sustain this operation. We have vacated the premises
at 4573 Enterprise Ave and are no longer creating an impact.
Please feel free to contact us if you have any further
questions. I
Sincerely,
Michael Rhodes and Denise Denard
< ,P
r
lb 1
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