Backup Documents 12/14/2010 Item #16C 3ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16C3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines #1 through 44, complete the checklist, and forward to Ian Mitchell (line #5).
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
1.
Assistant County Attorney
(Initial)
Applicable)
2.
12/14/10
Agenda Item Number
16C3
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4. Jennifer B. White, ACA
County Attorney's Office
�.�
12/15/10
5. Ian Mitchell, BCC Office
Supervisor
Board of County Commissioners
Q
/��
12
't I VD
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Jennifer B. White
Phone Number
252 -8400
Contact
Assistant County Attorney
(Initial)
Applicable)
Agenda Date Item was
12/14/10
Agenda Item Number
16C3
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Equipment Security Agreement
Number of Original
1
Attached
I
I Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
a ro riate.
(Initial)
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
(�
�J
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
N/A
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
�Q-)
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6.
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated In ihe attached document. The
County Attorney's Office has reviewed the changes, if applicable.
7.
Please return two executed original documents to Jennifer B. White, ACA
n/a
36C3
MEMORANDUM
Date: December 28, 2010
To: Jennifer Belpedio -White
Assistant County Attorney
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Equipment Security Agreement w /Fine & Dandy Services
Enclosed please find a copy of the document referenced above (Agenda Item
#16C3) adopted by the Board of County Commissioners on Tuesday,
December 14, 2010.
The original is being held in the Board's Official Records.
If you should have any questions, please contact me at 252 -8411.
Enclosures
16C3
EQUIPMENT SECURITY AGREEMENT
THIS EQUIPMENT SECURITY .AGREEMENT (hereinafter called the
"Agreement "), made and entered into on this I day of CIO g,, . 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.
Page 1 of 6
1603
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.
Page 2 of 6
16C3
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.
Page 3 of 6
may:
16C3
11. Rights on Default. In the event of a default under this Agreement, Secured Party
(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 (10) 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.
Page 4 of 6
1t'3
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 abovy�vritten.
DEBTORV_ -Jr t— / Fine & Dandy Service, Inc. d/b /a NapKing
Wit r
By: -
�l ze0 ENISE C. DENARD, DIRECTOR
Print Name
J
Wi ness Signature
4;Q)DC&(1 (ICA�'c!S
Prii�Name
SECURED PARTY:
ATTEST: BOARD OF COUNTY COMMISS10NERS OF
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA,, !AS THE
GOVERNING BODY OF COLLIER COUNTY
AND EX- OFFICIO THE GOVERNING 90ARD
OF THE COLLIER COUNTY WATER�SE•WER
DISTRICT
G'"'• tam+ ,..;1L
B • By:
4W y Clerk FRED W. COYLE, CHAIR AN
.� fFi� r�, .OA•! � �
Approval for form and legal
Sufficiency:
Jenm er B. White
Assistant County Attorney
Page 5 of 6
16C3
EXHIBIT A
LIST OF COLLATERAL
Capital Equipment Description Make Model Serial Numher
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 '��cornetWy
1155z9I
Page 6 of 6
16C3
Co e-r County
PUBLIC UTILITIES
Ph. 238.252.4215 Fax 238.252.6727
EXHIBIT
3301 Tamiami Trail E, Bldg. H, 3rd tl
NAPLES, FL 34112
gilbertmoncivaiz@colliergov .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:
Applicant's Printed Name: a/'o/,s L=
Date: / ,CS' w?D/)
Hand Delivered and Witnessed by Gilbert Moncivaiz, Impact Fee Coordinator, Public
Utilities Division on October 15, 2010.
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:
Home Phone #:
Work Phone #: �� —�r� ���% - �% ?C) Ca
Cell Phone #: 'k)E3 C)'? 0
Prepared By: Donna Patterson Date: 10/14/10
Approved By: —`- o,wv� �Cu •, Date:
Utility Billing & Customer Service Department • 4420 Mercantile Ave. • Naples, Florida 34104.239- 252 -2350 • Water /Sewer Billing & Trash Collection 239- 262 -2380