NCH Bus Stop/Shelter Agreement PROJECT: 61011 - NCH Bus Stop/Shelter Easements
PARCEL No(s): 99999 - 339BSE1, 339BSE2, 339BSE3
FOLIO No(s): Portions of 14038880000; 14045560009; 14045680002
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this D.'1 IA'day of 0 c , 2015, by and between NAPLES
COMMUNITY HOSPITAL, INC., a Florida not for profit corporation, whose mailing
address is 350 7th Street North, Naples, Florida 34102 (hereinafter referred to as
"Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose
mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite
800, Naples, Florida 34112 (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County three (3)
separate perpetual, non-exclusive bus stop easements over, under, upon and across
the lands described in Exhibit "A" (hereinafter referred to as the "Easements"), which is
attached hereto and made a part of this Agreement for the purpose of installing
benches, bicycle racks, trash receptacles, ancillary facilities, and an overhead shelter
(hereinafter referred to as "bus stops") for patrons of Collier County's transit system
(Collier Area Transit—C.A.T.); and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
bus stop easements to the County for the stated purposes, on the terms and conditions
set forth herein, said terms including that no compensation shall be due and payable for
the easements requested by County.
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. RECITALS - All of the above recitals are true and correct and are hereby
expressly incorporated herein by reference as if set forth fully below, and all
Exhibits referenced herein are made a part of this Agreement.
2. Subject to the terms and conditions set forth in the Maintenance Agreement
attached hereto as Exhibit "B," Owner shall have the right to repaint and maintain
the roof of the overhead shelter to be constructed within the easement area
depicted in Exhibit "A," page 3 of 3 to match the color of the Owner's buildings.
3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall cooperate with
County in securing from the holders of any liens, exceptions and/or qualifications
0
encumbering the easements, the execution of such instruments which will
remove, release or subordinate such encumbrances from the easements upon
their recording in the public records of Collier County, Florida. Prior to Closing,
and as soon after the execution of this Agreement as is possible, Owner shall
convey to the County the Closing Documents, properly executed, witnessed, and
notarized where required, in a form acceptable to County. Said conveyance
(Owner's delivery to County of a properly executed Easement instrument) is
hereinafter referred to as the "Closing."
4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the
essence. Therefore, Closing shall occur within ninety (90) days of the date of
execution of this Agreement or within thirty (30) days of County's receipt of all
Closing Documents, whichever is the later. This agreement shall remain in full
force and effect until Closing shall occur, until and unless it is terminated for other
cause.
5. CURATIVE INSTRUMENTS AND PROCESSING FEES - County shall pay all
fees to record any curative instruments required to clear title, and all Easement
instrument recording fees. In addition, County may elect to pay reasonable
processing fees required by mortgagees in connection with the execution and
delivery of a Release or Subordination of any mortgage, lien or other
encumbrance recorded against the property underlying the Easement. County
shall have sole discretion as to what constitutes "reasonable processing fees."
6. EFFECTIVE DATE -This Agreement and the terms and provisions hereof shall be
effective as of the date this Agreement is executed by both parties and shall inure
to the benefit of and be binding upon the parties hereto and their respective heirs,
executors, personal representatives, successors, successor trustees, and/or
assignees, whenever the context so requires or admits.
7. ENTIRE AGREEMENT - Conveyance of the Easement by Owner is contingent
upon no other provisions, conditions, or premises other than those so stated
above; and this written Agreement, including all exhibits attached hereto, shall
constitute the entire Agreement and understanding of the parties, and there are
no other prior or contemporaneous written or oral agreements, undertakings,
promises, warranties, or covenants not contained herein.
8. VENUE - This Agreement is governed and construed in accordance with the laws
of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first above written.
AS TO COUNTY:
DATED: I D 12-161 I C-
ATTEST:
` BOARD OF COUNTY COMMISSIONERS
" .-�:, ''��
DWIGHT E :BRQCK,zClerk COLLIER COUNTY, FLORIDA
0.m..t._ , (1. ;t,Fx. ce61'l BY: eAfi
Attest as to Cha -.eV Clerk Tim Nance, Chairman
signature only,'..,p'
AS TO OWNER: NAPLES COMMUNITY HOSPITAL, Inc.,
a Florida not for profit corporation
DATED: q/ �/ S'
ti&j,,ti, /1 etv
Witness (Signature) Kevin D. Cooper, Chief of Staff
T71eKt'sq 600d( C?L Name (Print or Type)
44200
J
Witness (Si ture
VN. si-t o A oce-a_
Name (Print or Type)
Approved as to form and legality:
Jennifer A. Beio lj�
Assistant County Attorney 0■X4
.0
10,2070\2000131\00\,..00 2015\005 SKtlpi•Q.p kb: no,3 U 09,3013-4:12pn 10ellod OK 9vtfaw.1
EXHIBIT ,
GRAPHIC SCALE Page / of ..
40 0 20 40 I
MN ,M■■■I11 4TH AVENUE NORTH ] _
(80' PUBLIC RIGHT-OF-WAY)
( IN FEET )
POINT OF
LINE REARING DISTANCE COMMENCEMENT I
LI S 00'00'46' E 20.00'
L2 S 89'59'14' W 5.00'
L3 N 00'00'46' W 20.00' a
_
L4 N 89'59'14' E 5.00' u)
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LEGAL DESCRIPTION:PARCEL 3398SE1 c
in
A PARCEL OF LAND LOCATED IN A PORTION OF LOT 24, TIER 8,
BLOCK 24 OF THE PLAN OF NAPLES AS RECORDED IN PLAT BOOK
1
1, AT PAGE 8 OF THE PUBLIC RECORDS OF COLLIER COUNTY, - -- -- I
FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF LOT 1, TIER 8, BLOCK POINT OF
24 OF THE PLAN OF NAPLES AS RECORDED IN PLAT BOOK 1, AT 8 GINNING
PAGE 8 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, I L4
THE SAME BEING A POINT ON THE EASTERLY RIGHT—OF—WAY LINE
OF EIGHTH STREET (A 60' PUBLIC RIGHT—OF—WAY); THENCE RUN f w I-
S.00'00'46"E, ALONG THE WESTERLY RIGHT—OF—WAY OF SAID I
EIGHTH STREET FOR A DISTANCE OF 179.17 FEET TO THE POINT L2 I
AF BEGINNING OF THE PARCEL LAND HEREIN DESCRIBED; THENCE
CONTINUE S.00'00'46"W. ALONG SAID WESTERLY RIGHT—OF—WAY I 1"
4.a I
LINE FOR A DISTANCE OF 20.00 FEET; THENCE RUN S.89'59'14"W.,
FOR A DISTANCE OF 5.00 FEET: THENCE RUN N,00'00'46"W„ FOR I I
A DISTANCE OF 20.00 FEET; THENCE RUN S.89'59'14"E, FOR A E
DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING; CONTAINING
100.0 SQUARE FEET. MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR
RESTRICTIONS OF RECORD.
BEARINGS SHOWN HEREON REFER TO THE WEST RIGHT—OF—WAY
LINE OF EIGHTH STREET (U.S. 41) AS BEING S.00'00'46"E,
HOLE MONIES, INC.
CERTIFICATE OF AUTHIIRIZATION NUMBER LB 1772
8 ��... ��` G " ----- 00 00 -) P.S.M.IfE32713
JOHN .HILTO` " """" STATE OF FLORIDA
SEC-TKN-RCe,.- �•`.,�-- 950 Encoro Way PRO.FCF N0.
4-25-50 Naples, FL. 34110 00.131
DRAM aY: care Phonat 25
(x39 "4-M° SKETCH AND LEGAL DESCRIPTION
BENN 6/15 HOLE MONIES
Florida Certificate of REFERENCE 140. I
CHECKED BY: DRAWN NO. DXdM f1AVVIS St8V81L's BU5 SKETCn
.01 8-7105 Authorization No.1772
M\2000\2a70131\mvv..-.2015\Bus S'IETCH_d.s MS:on.2 Ian 03.2215—4:12rn Ple11.4 by-0e+ttc.f2 EXHIBIT. A:'
GRAPHIC !✓f
GRAPHIC SCALE
1
40 0 20 40
_4TH AVENUE NORTH
MI_. ; _ Y (80' PUBLIC RIGHT-0f -WAY)
( IN FEET )
POINT OF
/COMMENCEMENT
i
m
D
N
t/t
O
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^� W
o z T I E R 9
LINE BEARING DISTANCE C i n u) B L O C K 2 4
LI N 89'59'14' E 6.00' CO G)
L2 S 00'00'46' E 25.00' 0 =I_ 0 m O
L3 S 89'59'14' W 6.00' I c A
� j o m o L4 N 00'00'46' W 25.00'
-I --1 -
0111 i9 -`''
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--CI
LEGAL DESCRIPTION:PARCEL 339BSE2 Oo
A PARCEL OF LAND LOCATED IN A PORTION OF LOT 13, TIER 9, y1
BLOCK 24 OF THE PLAN OF NAPLES AS RECORDED IN PLAT BOOK r
1, AT PAGE 8 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF LOT 12, TIER 9, POINT OF 1_VACA0' BYr-RDINANCE ALLEY 75
BLOCK 24 OF THE PLAN OF NAPLES AS RECORDED IN PLAT BOOK BEGINNING
1, AT PAGE 8 OF THE PUBLIC RECORDS OF COLLIER COUNTY, LI ...--1_......FLORIDA, THE SAME BEING A POINT ON THE EASTERLY
RIGHT—OF—WAY LINE OF EIGHTH STREET (A 60' PUBLIC
RIGHT—OF—WAY); THENCE RUN S.00'00'46"E, ALONG THE r- r
EASTERLY RIGHT—OF—WAY OF SAID EIGHTH STREET FOR-A
DISTANCE OF 175.68 FEET TO THE POINT OF BEGINNING, OF THE
PARCEL LAND HEREIN DESCRIBED; THENCE RUN N.89'59'14"E., FOR 13
A DISTANCE OF 6.00 FEET; THENCE RUN S.OD'00'46"E. FOR A
DISTANCE OF 25.00 FEET; THENCE RUN S.80'59'14"W., FOR A
DISTANCE OF 6.00 FEET TO A POINT ON THE SAID EASTERLY
RIGHT—OF—WAY LINE OF EIGHTH STREET; THENCE RUN
N.00'00'46"W., ALONG THE SAID EASTERLY RIGHT—OF—WAY LINE
OF EIGHTH STREET FOR A DISTANCE OF 25.00 FEET TO THE POINT
OF BEGINNING; CONTAINING 150.0 SQUARE FEET. MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR _ r
RESTRICTIONS OF RECORD. I -4 Ts
BEARINGS SHOWN HEREON REFER TO THE EAST RIGHT—OF—WAY
LINE OF EIGHTH STREET (U.S. 41) AS BEING S.00'00'46"E. I
HOLE MONIES, INC.
CERTIFICATE OF , .T,i RIZA.IIML, LIMBER LB 1772
�BY \ 4 `�,__ P.S.M.118278
JOH J.HILTON STATE OF FLORIDA
SEC-nur=4RC,E: ,.......... 980 Encore Woy Nto.Ecr RO.
4-25-50 Naples, FL. 34110 00.131
DRnaar DATE 6 15 Pnone: (239) 254-2000 SKETCH AND LEGAL DESCRIPTION
HOLE MOI�fTES Florida Certificate of REFERENCE Na
CHECKED BY; MAYAN NO. 00,40Ri Mums METERS
" 11-7164 Authorization No.1772 BUS SCE 04
Il\2000\9o0utll\m14.4n:o 3013\BVS SKETCH do,rob:ro-I 1,a 09.90t5.—a:lipo MAW hT Beinocdl
GRAPHIC SCALE — — EXHIBIT Y
40 Page..l .sta--
0 20 40
POINT OF
( IN FEET ) COMMENCEMENT I
S. R-O-W LINE, 4TH AVE NORTH /
I
11/4( to to � j
d O '
O C
, v,
AC7 m 1(,10 NO W O ��
rl ro r- O C
0 0 o W • r- Z
S
O. i a D=
LINE BEARING DISTANCE o - O —
LI S 00'00'46' E 50.00' m m I > -1
L2 S 89'59'20' W 10.00' A �_��
L3 N 00'00'46' W 50.00' T I E R 9 . i I trn
L4 _N 89'59'20' C_ 10.00' -J o -1 --I
I B , L 0 C I< 2 4 'co D
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LEGAL DESCRIPTION: PARCEL 339BSE3 /'— 71
20' EAST-WEST ALLEY Y
A PARCEL OF LAND LOCATED IN A PORTION OF LOT 24, TIER 9, VACATED BY ORDINANCE 1275 •
BLOCK 24 OF THE PLAN OF NAPLES AS RECORDED IN PLAT 8001( - z
1, AT PAGE 8 OF THE PUBLIC RECORDS OF COLLIER COUNTY, Fa
FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: z
Z
COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY 9
LINE OF 4TH AVENUE NORTH (A 80' PUBLIC RIGHT-OF- WAY) AND LI m
THE WEST RIGHT-OF-WAY LINE OF NINTH STREET (U.S. 41) (A `"= .Pi-4
PUBLIC RIGHT OF WAY); THENCE RUN S.O0'00'46"E., ALONG
r-
100'
THE WEST RIGHT--OF--WAY LINE OF NINTH STREET FOR A -, In
DISTANCE OF 237.86 FEET TO THE POINT OF BEGINNING OF THE 4, 4. POINT OF
PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE ALONG
THE WEST RIGHT-OF-WAY LINE OF SAID NINTH STREET L4 BEGINNING
S.00'00'46"E., FOR A DISTANCE OF 50.00 FEET;THENCE RUN ,, I
S.89'59'20"W., FOR A DISTANCE OF 10.00 FEET THENCE RUN 4 b
N.00'00'46"W., FOR A DISTANCE OF' 50.00 FEET; THENCE RUN .
N.89'59'20"E., FOR A DISTANCE OF 10.00 FEET TO THE POINT OF
BEGINNING; CONTAINING 500.0 SQUARE FEET. MORE OR LESS. r-
r
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR
RESTRICTIONS OF RECORD.
BEARINGS SHOWN HEREON REFER TO THE WEST RIGHT--OF-WAY
LINE OF NINTH STREET, (U.S. 41) AS BEING 5.00'00'46"E. ( L2
I I
HOLE MONTES, INC.
CE: TIFICATE OF.AMfl ORIZ JJON'NUMBER L8-1.7.72
„BY--; _... . .._.__.._.__ � P.S.M.#6278 k y, JO 4.HILTON STATE OF FLORIDA
SEC••I114-Rtt:4-25-50 ,______„../ 950 Encore Woy P 0. C
b7FAY,t18Y: DATE Naples. FL. 34110 0.131
CHECKED RN DtrAtixnils HOLE MONTES Phone" (239 r2Raal2000 SKETCH AND LEGAL. DESCRIPTION
N
WEIRS
J,IT 6-7163 ARMS mum Authorization No.1772 81)5 SKETCH