Agenda 05/22/2018 Item #16C 305/22/2018
EXECUTIVE SUMMARY
Recommendation to approve a Waiver of Right to File an Application for the United States Small
Business Administration on behalf of the Collier County Agricultural Fair and Exposition, Inc.,
related to a loan to replace a mobile office that was damaged in Hurricane Irma.
____________________________________________________________________________________
OBJECTIVE: To approve a Waiver of Right to File an Application (Waiver) related to a loan applied
for by the Collier County Agricultural Fair and Exposition, Inc. (Fairboard).
CONSIDERATION: The Collier County Agricultural Fair & Exposition, Inc. (Fairboard) has been a
tenant of Collier County since 1986. The Fairboard utilizes the property known as the ‘Fairgrounds’
located at 751 39th Avenue NE, Naples, Florida 34120.
In September 2017, Hurricane Irma caused considerable damage to several of the Fairboard’s structures
including the destruction of their mobile office.
The Fairboard has applied to the Small Business Administration (SBA) for a loan to assist in the
replacement of the mobile office and to make repairs to other structures caused by hurricane damage.
The SBA loan amount is $130,000. The replacement of the mobile office unit in excess of $150,000,
which includes the new unit and removal of the old unit. Other repairs include the roof on the
entertainment trailer, the concrete footings on the Pavilion, and roof and panel replacement on the storage
building, costing approximately $14,800.
SBA has requested that the County, as property owner, execute the attached Waiver on behalf of the
Fairboard. The Waiver declares that Collier County will not file an application for a disaster loan from
SBA to repair or replace damaged property caused by Hurricane Irma at the Fairgrounds.
FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary.
GROWTH MANAGEMENT: There is no Growth Management Impact associated with this Executive
Summary.
LEGAL CONSIDERATIONS: Article 17 of the Lease Agreement prohibits the Fairboard from
incurring any indebtedness giving right to a claim of lien on the Demised Premises. The SBA’s attorney
informed me that there will be a general security interest only on the mobile office. I inserted language
into the Waiver that states that the real property shall not be used as security for the loan or otherwise
used in any way that would give right to a claim of lien on the real property.
The SBA’s attorney has no objection to the additional language but advised that it will be review ed for a
final decision when a signed Waiver is presented to the SBA. There is very limited exposure to the
County with or without the language because the mobile unit is registered with the Department of Motor
Vehicles. As such, since the mobile unit is not considered a fixture to the County’s property any SBA
claim of lien could not attach to the County’s property. If the language is not approved by the SBA, the
Waiver may be routed for Chair signature without it. Accordingly, this item is approved f or form and
legality and requires a majority vote.- JAB
RECOMMENDATION: That the Board of County Commissioners approves the attached Waiver of
Right to File an Application for the Small Business Administration pending final review by the Office of
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the County Attorney should SBA make any insubstantial revisions to the form, and authorizes its
Chairman to execute same pending final review by the SBA.
Prepared By: Michael Dowling, Senior Property Management Specialist, Facilities Management Division
ATTACHMENT(S)
1. SBA Loan Waiver Final (PDF)
2. Fairboard Original Lease 1986 (PDF)
3. Fairboard First, Second and Third Amendments (PDF)
4. Fairboard Fourth Amendment Fully Executed (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.3
Doc ID: 5507
Item Summary: Recommendation to approve a Waiver of Right to File an Application for the
United States Small Business Administration on behalf of the Collier County Agricultural Fair and
Exposition, Inc., related to a loan to replace a mobile office that was damaged in Hurricane Irma.
Meeting Date: 05/22/2018
Prepared by:
Title: Property Management Specialist, Senior – Facilities Management
Name: Michael Dowling
05/03/2018 2:40 PM
Submitted by:
Title: Senior Network Administrator - Info Technology – Information Technology
Name: Dennis Linguidi
05/03/2018 2:40 PM
Approved By:
Review:
Facilities Management Toni Mott Additional Reviewer Completed 05/04/2018 3:16 PM
Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 05/04/2018 3:30 PM
Public Utilities Department Sarah Hamilton Level 1 Division Reviewer Completed 05/07/2018 9:51 AM
Public Utilities Department Joseph Bellone Level 2 Division Administrator Review Completed 05/07/2018 9:55 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 05/08/2018 2:34 PM
Grants Edmond Kushi Level 2 Grants Review Completed 05/11/2018 9:31 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/11/2018 11:06 AM
Grants Therese Stanley Additional Reviewer Completed 05/11/2018 12:28 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/11/2018 3:38 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/13/2018 8:52 PM
Board of County Commissioners MaryJo Brock Meeting Pending 05/22/2018 9:00 AM
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Borrower: COLLIER COUNTY AGRICULTURAL FAIR & EXPOSITION, INC.
Loan No.: DLB 2263107001
WATYER OF RIGHT TO rILE AI\ APPLICATION
I(We) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. wittr
intent
to be legally bound, declare that (we) am an(are) owner(s) of the real ead#cryersoara*
property
located at 751 39TH AVE NE. NAPLES. FL 34120.
I(We) hereby waive all rights which I(We) may have to file an application for a Disaster Loan
from the U.S. Small Business Adminisfration, or receive such a loan in my(our) name(s), to repair
or replace the above described property as the result of damaged caused by the Hurricane Irma
disaster. The real property located at 751 39TH AVE NE.NAPLES. FL 34120 shall not be used as
secnrity for Loan No.: DLB 2263107001 or otherwise used in any way that would give a right to a
claim of lien on the real property.
Dated: March 31.2018
BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA
STATE OF
COUNTY OF
ANDY SOLIS, CHAIRMAN
I,_
A Notary Public in and for said County and State, do
hereby certiry that _
pcrsonally appearcd beforp me this datc and
acknowledgcd that they signe{ delivered and executcd
the foregoing instrument.
Witness my hand and notarial seal ttris the
)
)ss.
)
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Packet Pg. 734 Attachment: SBA Loan Waiver Final (5507 : Collier County Agricultural Fair and Exposition, Inc. Waiver of Right to File an Application
_ day of 20-.
Notary Public
My Commission Expires:
:. -! !'t,
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Packet Pg. 735 Attachment: SBA Loan Waiver Final (5507 : Collier County Agricultural Fair and Exposition, Inc. Waiver of Right to File an Application
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Packet Pg. 736 Attachment: Fairboard Original Lease 1986 (5507 : Collier County Agricultural Fair and Exposition, Inc. Waiver of Right to File an Application
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Packet Pg. 737 Attachment: Fairboard Original Lease 1986 (5507 : Collier County Agricultural Fair and Exposition, Inc. Waiver of Right to File an Application
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Packet Pg. 738 Attachment: Fairboard Original Lease 1986 (5507 : Collier County Agricultural Fair and Exposition, Inc. Waiver of Right to File an Application
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Packet Pg. 739 Attachment: Fairboard Original Lease 1986 (5507 : Collier County Agricultural Fair and Exposition, Inc. Waiver of Right to File an Application
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Packet Pg. 740 Attachment: Fairboard Original Lease 1986 (5507 : Collier County Agricultural Fair and Exposition, Inc. Waiver of Right to File an Application
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Packet Pg. 741 Attachment: Fairboard Original Lease 1986 (5507 : Collier County Agricultural Fair and Exposition, Inc. Waiver of Right to File an Application
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Packet Pg. 743 Attachment: Fairboard Original Lease 1986 (5507 : Collier County Agricultural Fair and Exposition, Inc. Waiver of Right to File an Application
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Packet Pg. 745 Attachment: Fairboard Original Lease 1986 (5507 : Collier County Agricultural Fair and Exposition, Inc. Waiver of Right to File an Application
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Packet Pg. 746 Attachment: Fairboard Original Lease 1986 (5507 : Collier County Agricultural Fair and Exposition, Inc. Waiver of Right to File an Application
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Packet Pg. 747 Attachment: Fairboard Original Lease 1986 (5507 : Collier County Agricultural Fair and Exposition, Inc. Waiver of Right to File an Application
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Packet Pg. 748 Attachment: Fairboard Original Lease 1986 (5507 : Collier County Agricultural Fair and Exposition, Inc. Waiver of Right to File an Application
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Packet Pg. 749 Attachment: Fairboard First, Second and Third Amendments (5507 : Collier County Agricultural Fair and Exposition, Inc. Waiver of Right to
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Packet Pg. 750 Attachment: Fairboard First, Second and Third Amendments (5507 : Collier County Agricultural Fair and Exposition, Inc. Waiver of Right to
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Packet Pg. 752 Attachment: Fairboard First, Second and Third Amendments (5507 : Collier County Agricultural Fair and Exposition, Inc. Waiver of Right to
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Packet Pg. 761 Attachment: Fairboard First, Second and Third Amendments (5507 : Collier County Agricultural Fair and Exposition, Inc. Waiver of Right to
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Packet Pg. 762 Attachment: Fairboard Fourth Amendment Fully Executed (5507 : Collier County Agricultural Fair and Exposition, Inc. Waiver of Right to File an
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Packet Pg. 763 Attachment: Fairboard Fourth Amendment Fully Executed (5507 : Collier County Agricultural Fair and Exposition, Inc. Waiver of Right to File an
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