85-R-24RESOLUTION NO. 85-R-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROP-
RIATE OFFICIALS OF THE CITY OF EDGEWATER,
FLORIDA, TO EXECUTE A PROMISSORY NOTE AND A
SECURITY AGREEMENT IN THE AMOUNT OF $134,888.00
PAYABLE OVER A 24-MONTH PERIOD AT A FIXED RATE
OF INTEREST OF 6.7% WITH SUN BANK OF VOLUSIA
COUNTY; TO EXECUTE A UNIFORM COMMERCIAL CODE
FORM UCC-1 TO BE FILED WITH THE STATE OF
FLORIDA; AND TO EXECUTE A UNIFORM COMMERCIAL
CODE FORM UCC-3 TO BE FILED AS A LIEN ON THE
FLORIDA CERTIFICATE OF TITLE; REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH, AND PRO-
VIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER,
FLORIDA:
SECTION 1: That the appropriate officials of the City
of Edgewater, Florida, are authorized to execute a promissory
note and a security agreement in the amount of $134,888.00
payable over a 24-month period at a fixed rate of interest
of 6.7% with Sun Bank of Volusia County.
SECTION 2: That the appropriate officials of the City
of Edgewater, Florida, are also authorized to execute a
Uniform Commercial Code, Financing Statement, Form UCC-1,
to be filed with the State of Florida.
SECTION 3: That the appropriate officials of the City
of Edgewater, Florida, are also authorized to execute a
Uniform Commercial Code, Statement of Change, Form UCC-3,
to be filed as a lien on the Florida Certificate of Title.
SECTON 4: That copies of these notes, agreements, and
forms will be attached to this Resolution and by reference
incorporated herein.
SECTION 5: That all resolutions or parts of resolutions
in conflict herewith be and the same are hereby repealed.
0 0
SECTION 6: That this Resolution shall take effect
immediately upon its adoption by the City Council of the City
of Edgewater, Florida, at a meeting of said
Council held on the day of ,198�, and
approved as provided by law.
This Resolution was introduced and sponsored by
�A� and was read and passed by a vote of the
City Council at a Ameeting held on the3`_y of
, 1985— , and authenticated as provided by law.
ROLL CALL VOTE AS FOLLOWS:
ATTEST:
CITY CLERK ::Iy
Authenticated this
day of �ti.t , 198--5-.
YOH
maaab &4 �E
O�oNCILMAN/ - ZO E TWO
i Ld?
COUNCILMAN - ZONE THREE
OUNCILMAN - ZONE FOUR
-2- Res. 85-R-24
Contract No. SECURITY AGREEMENT
(EQUIPMENT AND CONSUMER GOODS)
City of Edgewater land 11 more
amels) of Borroweds)]
than one, rich of them jointly and severally), hereinafter called"Borrower",of F.O. Box 100 Edgewater
(No. end Street) (CITY)
Volusia Fl. , for value nataNW and Intending to tea legally bound, hereby grenb to
(County) Whose)
Sun Bank of Volusia County 715 Third Ave. New Smyrna Beach ,Florida,
harelnaf tear called "Saarad Party", a security interest In the following property:
New w
Used
year
Model
Manufacturer or
Make (Tree Name)
Description of Collateral
Model Number
or Series
Manufacturer s
Serial No.
New
IETNYRE Md. BT-HL
1500 Gal Distributor,
unted on
New
1985
Ford Mdl. C53OA C
asBis
eweEINM
unipispreadr
together with all Increases, parts, finings, accoswries, ecuipnent, sed gacial twit now or hereafter affixed to any or any part thereof or used in
connection with any thersof, and all replacements of ell or any part thereof plus any returned or unearned premiums from any inarapee financed by
the Secured Party in pore)unatio�thrtllw�h�cellel•r-n..oral'�I1nr�tpyaayplesf,N�,PrweYcprBpts�
rem executed by Borrower in the amount of NNUU CC1hN1 M�NUIi 1laDIto111e1r_s Bl lli gnu f + 1,
of even date herewith, and any and all extensions or nationals thereof, [the foregoing biro hereineftar called the "liabilities" , an also to ream the
performance by Borrower of the sgrsemmu hereinafter set forth. The Collateral serum any and all other liabilities orobligations
(odmey, mwndery, direct, contingent, sole, joint or savan) due, or to become also or which may he harafter pamrewed or
aeouirad of each Borrower to Seared Party.
Borrower hereby warrants and agrees that
t. (a) Borrower Is the owner of the Couninal clear of all Ilene and security Intents except the security interest granted hereby (b) Scar
rower has the right to make this agreement; and (0 The Collateral u used or acquired for use primarily for the purpose checked: 0 personal, family
or household purpose; O fern purposes; or Qbusimm purpose; aW(d)If checked hen❑, the Collateral is being scoured with the proceeds of
the loan provided for in Or secured by Nis egree nsm. and mid proceeds Wll be used for no what purpose, deed Borrower hereby euthorlim Secured
Party to disburse such proceeds or any Pan thereof directly to the antler of the Collateral or W the Insurance Gent or broker, or both, m Mown on
Seared Party i records.
2. lei The Collateral will be kept 409 Mango Tree Dr. Edgewater Volusia Florida
(No. and Stint) (City) (County) (State)
or if left Men k, at the addrem shown at the beginning of this agreement Borrower will promptly notify, Secured Party of any change in the loordon of
the Collateral within mid $tote; and Borrower will not remove the Collateral from mid mete without the written consent of Secured Party. (b) If the
Collateral is used or acquired for use primarily for personal, family or household purpose, or for farm purposes. Borrovei s residence in Florida is
thin shown at the beginning of this agreement and Borrower will Immediately ratify Saturant Pony of any charge in the location of mid mull
3. le) If the Collateral is acquired or used Primarily for business use and le of a type normally used In more than one auto, whether or not
so used, and Borrower M1es is place of Won. in more than one state, the chief place of business of Borrower is:
INo. and Strut)
(City) (Canary) (State) or, If INt blank, is the Mown at the beginning of this strangler,
and Borrower will Immediately notify Seared Party in writing of my change in Borrower's chief piece of believes. (b) If certificates of title re Issued
or outstanding with imposts W any of the Collateral, Borrower will mum the Interest of gestured! Parts to be property noted thereon and deliver such
certificates of title to Secured Party.
4-00034)OM Rev. 6182
a. Be., will defend the Collateral Winer the claims ads demands of all pa,aom at any time chromes the.Hate or any interest therein.
S. No Flmming Statement covering any Collateral or any, proceeds Instant is on file in any public office; Borrower authorizes Secured Party to file, in
jurisdictions where Mis authorization will be given effect, a Financing Statement signed only by the Secured Parry describing the Collateral in the same manner
So it is described herein; and from time to time at the mount of Secured Party, execute na or more Financing Statements and such other documents land pay
the cost of filing or recording the mina in all public offices domed necessary or desirable by the Secured Party) and do such other acts and things, all in the
Secured Parry may regunt to establish and maintain a valid security interest in the Collawnal (fro of all other liens ads claims whensoever) to secure the pas"
mnt of the liabilities. Including, without limitation, deppeit with Secured Pony any certificates of title Satiable with respect to ray of the Collateral and not. -
Lion Thorson of the security interest hereunder.
S. Borrower will not I.) perch any liens or security Interest other then Secured Pony's security interest, to attach to ray of the Collateral; (b) permit
any of the Collateral to be lamed upon under the legal process; It) roll, transfer, lean, or otherwise dispose of any of the Collateral or any inrorest therein, or
offer so to do, without Me prior written consent of Secured Party; (d) permit anything to be done that may impair the value of any of the Collateral or the
security intended to be afforded by this agreement; or let permit the Collateral to be or become a fixture (and it is expressly epsenmted, warranted and Mrsed.
that the Collateral, end awry part thereof, whether affixed to any realty or not, shall be and remain personal property), or to beepme an accession to other
goods or property.
T. Borrower will (a) ai all times keep the Collateral insured in amounts not men than the full insurable value thereof, against loss, damage. theft, and
such other risks as Secured Pony may require in such companies and under such policies and in such form, and for such Periods, sa shall he satisfactory to Se-
cured Party, and own Such polity Mall provide, by New York Standard or Union Standard endorsement, Mat loss thereunder Nd proceeds payable thereunder
shall be payable to Secured Pony a its interest may sppsar ( and Secured Parry may apply any proceeds of such insurance which may be received by Secured
Party toward payment of the liabilities, wMther due or not due, in such order of application as Secured Party may determine) and each such policy shell provide
for 10 Serve written minimum cancellation notice to Secured Party; and each Such policy Mall, if Secured Pony so rounts, be deposited with Soured Party;
and Secured Parry may act n attorney for Borrower in obtaining, adjusting, settling, and cancelling such insurance and endorsing any drafts; (b) at all times
keep the Collateral fro from any adverse Her, security imerest, or encumbrance antl in good order and repair and will not waste or destroy the Collateral or any
part theroof.
8. (a) Summer will not use the Collateral or Permit the nine to be used in violation of any statute or ordinance; ads Secured Pony may examine and
impact thy Collateral at any time, whatever located. (b) Borrower will pay promptly when due all taxes and menfinvents upon the Collateral or for its use of
Operation or upon this agreement or upon any note or noun or other writing evidencing the liabilities, or any of them.
9. At its option, Secured Party may discharge taxes, liens or security interests or other encumbrances at any time levied or placed on the Collateral,
may Pay for insurance on the Collateral, and may pay for the maintenance antl prnarvetin of The Collateral. Borrower pros to reimburse Secured Parry on
demand for any payment made, or any expense incurred, by Secured Party, pursuant to the foregoing authorization. Until default, Borrower may have pores
lion of Collateral and use it in any lawful manner not inconsistent with this persistent and not inconsistent with any policy Of insurance thereon.
10. Borrower Mall be in defoh under this sgreement upon the happening of any of the following events or conditions: Its) failure or summon to pay
when due any liability for any installment thereof or interest thereon), Or default in the payment or Performance of any Obligation, covenant, agreement, or
liability contained or referred to therein; lb) ray warranty, representation, or statement made or furnished to Secured Parry by w on behalf of any Borrower
proves to have been false in any material respect when made or furnished; IT) Ins, theft, substantial damage, destruction, Sale, or encumbrance to or of any of
the Collateral, or the making of any levy, seizure, or attachment thereof or thereon; ldl any Obligor wAich term a used herein, Mall mean each Borrower and
each other party primarily or secondarily or contingently liable on env of the lmbibtln) becomes insolvent or unable to pay debts a they mature or makes an
assignment for the benefit of creditors, or any proceeding is instituted by or against any Obligor alleging the such Obligor is insolvent or unable to pay debts
as they mature; (el entry of any judgment against any Obligor; (f) death of any Obligor who is a natural person, w of any partner of any Obligor which is a
penmrship; Ili) dissolution, merger or consolidation. or transfer of a substantial part of the property of any Obligor which is a corporation or a partnership;
(h) appointment of a receiver for the Collateral or any thereof or for any property in which any Borrower has an interest; It) the collateral is used by anyone
to trenPon or store goods the possession, transportation or use of which is illegal.
11. Upon the occurrence of any such default or at any time thereaftep or whenever the Secured Party feels insecure for ray rearm wbawmyey Secured
Pony may, et its Option, declare all liabilities assured hereby, or any of them (notwithstanding any provision thereof), immediately due and Payable without
demand or notice of any kind nd the nine thereupon shell immediately become and be due and payable without demand or notice (but with such adjust-
ments, if ray, with respect to interest or other charges as may be provided for in the promissory note or other writing evidencing such liability), and Secured
Parry Mall have and rmy, exercise from time to time any and all rights end remedies of a Secured Parry under the Uniform Commereigl Code ads any and all
rights and resnedies available to it under any other applicable law; antl upon request or demand of Secured Party, Borrower shall, at its expense, assemble the
Collateral and make it available to the Secured Parry at a convenient place acceptable to Secured Party; and Borrower shall promptly pay ell costs or Secured
Parry of collection of any and all the liabilities, and enforcement of rights hereunder, including reasonable attorneys' fees and legal expenses and expenses Of
any apain to any of the Collateral and expenus of any repairs to any realty or other property to which any of the Collateral may be affixed. Any notice
m role, dispnition or other intended action by Secured Pony, sent to Borrower at The address of Borrower specified above or at any other address shown on
the records of Secured Parry, at lent five days prior to such action, shall constitute reasonable notice to Borrower. In the went or repossession. Borrower
authorizes Secured Pony to take into costively any personal prgperty found in or on the collateral and to hold the same until claimed by Borrower at the prin-
cipal place of business of Soothed Party, and in the went such personal property is not claimed within a rafsnable time by Borrower, Secured Party is author
ized to diyase of same. Expenses of retaking, holing, preparing for role, selling, or the like, shall include Secured Part es maronable attorneys' Now; and legal
expenses. Any excess or surplus of proceeds of any dbposition of any of the Collateral may be applied by Secured Party toward Payment of Such of the habili
ties, and in such order of application, as Secured Pony may from time to time elect.
12. No waiver by Secured Party of any default shall operate as a weiver or ray Other defeslt or of the some default on a future occasion, No delay or
omission on the Part of Secured Party in exercising ray right or remedy shall operate a a waiver thereof, and no single or partial exercise by Sacun d Party of
any right or remedy Mall preclude any other or further exercise thereof or the exercise of any other right or remedy. Time is of The naapee of this agreement.
The provisions of this agreement are cumulative and in addition to the provisions of any note secured by this sgroment and Secured Parry shell have all the
benefits, rights and remedies of and under any note assured hereby. If more than one party shall execute this oraement. the term "Borrower" Mail moan all
parties $!limp this agreement and each of them, and all such Ponies shall be jointly and severally obli,mod hereunder provided, however, if One or the parties
timing this agreement has not executed The promissory now or notes referred to herein, mid party shall have no personal liability under, or in conjunaim with,
nid prgminory note or note. The singular pronoun, when used hewln, shell include the plural and the neuter Mall Include masculine and feminine. If this al
ment is not dated when executed by the Borrower, the Secured Party is authorized without notice to the Borrower, to date this sgrwment. This agreement shall
become affective as of this agreement All rights of Secured Party hereunder Mall inure to the benefit of its auco n and assigns; and all liabilities of Borrower
Mail bind the heirs, executors, adm inistratoq mccesors and assigns of each Borrower.
13. This agreement has been delivered in the State of Florida ads shall be onstruid in accordance with the laws of Renew. Wherever possible, ouch
provision of this sgnoment shall be interpreted in such manner in to be effective and valid under applicable law, but if aay provision of this agrommon,shot be
prohibited by or Invalid under applicable law, such.prwition shall be ipeffective to the extent of such prohibition pt invalidity, without invalidating the remain-
der of such provision or the remaining provisions of this agreement.
IN WITNESS WHEREOF, this agreement has been duly executed a of the 5rh dry of .Tune 1g 85
CITY L EDGEWA
Signed, soled and delivered
In the/J/�a/aerce of: c� yn-o� / (SEAL)
AA' F"L `r-z' z�Ta ta/ ISEAL)
1�ea� y er m n s or
SEALI
to
ASSOLIATEDIFERRIS PRINTERS, ORLANCO. FLORIDA II0011006)N18100
INSTRUCTIONS. T PLEASE TYPE ALL INFORMATION, LM Npn oin ton golnl pen. ii,ron N mun M "IMF on Flllnp 011ka Goons.
2. Con.1 Filing N for IN W.I. or M611bm1 lnI.—Mlon.
STATE OF FLORIDA
UNIFORM COMMERCIAL CODE — FINANCING STATEMENT — FORM UCC•1 REV. /981
THIS FINANCING STATEMENT IsyMON w to A filing ollicor for IIII%punusnt to 1M Uniform COmmNCISI CD(s'.
MOTOR IWI NMn. First II A ft W ) THIS SPACE FOR USE OF FILING OFFICER
NAME City of Edgewater Date, Time, Numep E Filing Office
1A
MAILNq ADDRESS
P.O. Box 100
0111. Edgewater STATE
Fl. 32032
MULTIPLE DEBTOR OF ANTI
IWINMFfW111e MFonl
NAME
1B
WILING ADDRESS
C" STATE
MULTIRE DEBTOR SFANn
(WINMw ilrillLPerwnl
NAME
1C
MAILING ADDRESS I
CITY STATE
SECURED PARTY NFI Nam Flnt 11 a hnonl
NAME Sun Bank of Volusia
County
2A
WILING ADDRESS
P.O. Box 629
CITY Ed New Smyrna BC%TATE
Fl. 32070
MULTIRE SECURED PARTY nFANn
IWINamiFWllla hrwnl
NAME
28
MAILING ADDRESS
AUDIT
INFINITE
ORY STATE
ASSIGNEE OF SECURED PARTY SFANn
IL N. FiNIIM Nnonl
VALIDATION INFORMATION
NAME
3
MAILING ADDRESS
CITY STATE
TM FINANCING STATEMENT in. IF. Io11MIng lym a home of popenY incWEe MFcrprgn of Nor pgaNF m .rich How
.0...1.0rd I /pu4K1. If .. epCe N Npuln6. NIKA MMIln,M1 NINN 60; . 11'.
New ETNYRE Mill. BT-FB•, 1500 Gal. Distributor, Mounted on New 1985 Ford
Mdl. F-800 Chassis. New ETNYRE Chipspreader. New BYSTER Mil. C530A Pneumat Roller
e porlppmosrlm.eN.w am.".. F.s.
.. No.pl AaaUlpW SIwNplwn4p'.
!•
tw o": Sec. of State
B.
FM[N OIOAE B.cuI1.NMY.wIp mw6u..m prysNamlNLan auA Ma p.YeSle puwmlo Menm FMa,FB..lw 6�lpMS.
Fooroo um.m.ry SNmp T. i. For rigAnM.
0.
TIIY WMMII is Room, .NIOV11o, 6epIcf.Fill.. M pYlACt a MWNlY 1ntA.l In oNMNIaI Eflogo 04 No
1D, I011i\I]SMI
❑WaYOWNcl to aoa[un1Y 1nNNM lnarolMrlunbkllm.Mnllwu Dioupn11n10 1Ma.Map6WIM'.
❑IMMw Malnn.m1111np otllSY
bcHbn dwpM m.ho MFN.
❑ PI.W[I. a c.natW o cwNM
❑ •Mc\ N proceed. M IM on,rill .01M.16pcIIW. in'Mkll. Mcunl, InitlNl N. of For.
❑ p N Minch the filing M. Np W
❑A.WMM MIxa[W, of Mrro.Ichi orcorpwM. MNcIun.ItM
11' 810j(aA�TU(�RNb)OF
Mum cMY to:
NAMESun k of Vol sia Count
ADDRESS 2 629
attri, Loan Dept.
CITY New Smyrna Beach Fl.
STATE ZMGOOE 32070
12. SIONATUREBIOF SECURED
PART GESI OR ASSIGNEE
"301-0003 REV. 4/81 STANDARD FORM — FORM UCC4 Appro..e or semi., olSme, sl.l.of Fl.rN.
FILING OFFICER COPY
Clerk/
Assoe.reDrFenva Pnn eve. VHLA....RUVU. SO. I., Siraw
IHSTRIICTIONS. I PLEASE TYPE ALL INFORMATION, •M .,an with NII polnl In Sgnet...... I M "to. im FiUnp On.c., C,I..
E. Far In ori.mai finlnclnp Staint numNr FM data III. On INm 3 pelewl
3. CmbdF 111Icar for IN..h.uM pr KelowalIMormation------------------------------
STATE OF FLORIDA
UNIFORM COMMERCIAL CODE — STATEMENT OF CHANGE — FORM UCC•3 REV. 1981
THIS FINANCING STATEMENT Is pleF W M a Olin Water IK SUM puamwnt M the UnIIKm Cammanlal Cabo:
)nlln Rom 1 And 2 musl pram eIKIIF Arlo he On Pro, tiling Iim. m•Ilon or THIS SPACE FOR USE OF FILING OFFICER
Previou
sly yW"m Dan. Term Number S Flllnp Office
DEBTOR DIMP Name Font ll a M nl
NAME
1A City of Edgewater
MAILING ADDRESS
P.O. Box 100
CITY Edgewater STATE FI. 32032
Y MULTIPLEDEBTOR
is NAME
F 1B
2 MAILING ADDRESS
co
CITY
0 MULTIPLE DEBTOR
as
NAME
1C
MAILING ADDRESS
Cln
STATE
STATE
NAME Sun Bank of Volusia County
2A
MAILINGAOORE.tox 629
cITY New Swr ut Beach. STATE
MULTIPLE SECURED PARTY IIFANp
NAME
213
MAILING ADDRESS
CITY
STATE
VALIDATION INFORMATION
3. Th.. MMamml hilt. to nlomN Financing SIM•m•nl E••rinp Fri. Npmn•r Mq IRNAIn
Sec. of State T^s onpm•I wA•Rled on Is
4. 0 Cm1inWRon TM milliner financing statement p•Iw•n One lorpolng Doctors) and Secured P•nylieR Marine ills numNr Shown shows, Is still tNK11W.
5. Termination. Secured Party no longer claims a sKurny interest unM, the Lnsnclnp statement berl his numMr mown Serve.
6. O FYllal Sierra .1 SKuhic whirr . militia uMq In. Financing SURnal have Men •upnsE to the aognes Arose name and acp,aun sat fors In
Assignment "am 1I. A coacher... of In. cena.,ai sueroa m in. MYpnm.m is also ser mnn m Item Tl
7. Fl,n Au Of SecuI Party rights aims, the Financing Snnmsnl im" Bern •seroned 10 In. ....rise whole name Ana aapnss As Set mnn
mgnmml in Item n.
8. ❑ Amend.nl Fwarro p SI•lement Wring IIN number Shown Above is •merNeU as set form In Item I I. S 10mic'e of Not.' .goirM or Item le unl..s
•m•ncmenl changes only name or address of either bey.
4
9. O A.M.. SKur•d an, .'.A.. only IM cdMleral d•scrlMd m Item 11 from the financing statement diamond file rumps, shown short.
10. ❑ Coa d to.. All documenf•ry e.mp taxes due and portable of to Mcomw du• and p•YMIe pursuant to chapter MH 22, F 5. have dean paid
11. .more swat.. our.. shomm sddHKMI•n ig BN. Il.
New ETNYRE Mdl. BT—EL, 1500 Gal. Distributor, Mounted on New 1985 Ford Hill. F-800
Chassis. New ETNYRE Chipspreader. New HYSTER Hill. C530A Pneumatic Roller.
No. oI Adedilmnel SmNM
glsmlad
RMum copy to.
SIGNATUBHSI OF DEBT 1 NKauMy Only For
A 1 $
N Item
Mayor
15. SIONATUREISI OF SECURED
3-0303-0 11 REV. yal STANDARD FORM — FORM 11040112•0 AMroWd be SKnb. 01 SUM. State of FMft
Filing Officer Copy
C1ell