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Backup Documents 02/09/2016 Item #11D ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO D THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAjul Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines#1 through#2 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#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office H FA G 02—9—kc 4. BCC Office Board of County �F bc--\ Commissioners v�S/ 2\\o\ ,, 5. Minutes and Records Clerk of Court's Office 156." 7,1'OI` 1(J `/^ PRIMARY CONTACT INFORMATION 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,may need to contact staff for additional or missing information. Name of Primary Staff John Houldsworth Phone Number x-5757 Contact/ Department Agenda Date Item was February 9,2016 Agenda Item Number 1 ftfr IID Approved by the BCC Type of Document Agreement, NCH Signs Number of Original One plus Exhibits Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional ss? If yes, -3 provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. r ' 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. 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 5. The Chairman's signature line date has been entered as the date of BCC approval of the JH document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on February 9,2016 and all changes made � ( during the meeting have been incorporated in the attached document. The County V Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for e \ (IXG, Chairman's signature. ` I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 11D MEMORANDUM Date: February 11, 2016 To: John Houldsworth, Senior Site Plan Reviewer Growth Management Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: A License Agreement with NCH, Inc. for the installation of two ground signs within the County road right-of-way adjacent to the Heritage Bay community that will alert the public of the newly constructed emergency facility within the Heritage Bay PUD Attached for your records is a copy of the agreement referenced above, (Item #110 approved by the Board of County Commissioners on Tuesday, February 9, 2016. The original agreement will be held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 110 LICENSE AGREEMENT THIS LICENSE AGREEMENT ("Agreement") is made this Crday of Febrkaf , 20((0, by the BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida ("BOCC"), having its principal address at 3299 Tamiami Trail East, Naples, FL 34112, in favor of NAPLES COMMUNITY HOSPITAL, INC., a Florida not-for-profit corporation ("NCH"), having its principal place of business at 350 7th Street North,Naples, Florida 34102. BACKGROUND A. BOCC owns certain real property located at the northeast corner of the intersection of Collier Blvd. and Immokalee Road, as more particularly described in that certain warranty deed recorded at Official Records Book 4333, Page 4184, of the Public Records of Collier County, Florida(the "Property"); B. The Property is held by Collier County in fee simple as right-of-way for future improvements to Immokalee Road and Collier Boulevard; C. The Property is not presently needed for county improvements; D. NCH owns Tract 1, CAMERON COMMONS UNIT ONE, according to the plat thereof as recorded in Plat Book 49, pages 43 through 45, Public Records of Collier County, Florida(the "NCH Parcel"). E. The NCH Parcel is located north of the Property and a distance away from the Immokalee Road right-of-way; F. NCH has constructed a facility containing a freestanding emergency department on the NCH Parcel; G. NCH's facility is considered an essential service within the meaning of the Collier County Land Development Code; H. NCH desires to construct signage on the Property in order to notify the general public and emergency medical services as to its facility and identify the proximate location of the free-standing emergency department; L BOCC has determined that NCH's request for signage within the Property is, as a matter of health, safety, and welfare, in the best interest of the citizens of Collier County, Florida, and BOCC will grant a license to NCH to construct and maintain signage on specified locations within the Property in accordance with the terms of this Agreement; J. BOCC desires that NCH may use the Property until BOCC needs the Property for county improvements or unless a safety issues arises; and 1113 K. The parties have entered into this Agreement to evidence their understanding. NOW, THEREFORE, for good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. The above recitals are true and correct and are incorporated herein. 2. Subject to Paragraph 3 below, BOCC hereby grants a license to NCH to enter upon the Property and construct and repair, as needed, two (2) freestanding monument signs based on the renderings attached as EXHIBIT A. The location for each sign is set forth on EXHIBIT B. The location of the signage and the signs shall comply with Collier County's Land Development Code. NCH shall obtain a Right of Way Permit for each sign location. 3. Sign West (as identified in Exhibit B) shall not be installed until final completion and acceptance of improvements by BOCC for Immokalee/CR 951 Broken Back Intersection Improvements, Project No. 60132 (the "Road Project"), unless the contractor for the Road Project enters into a written agreement with NCH that permits NCH to access that portion of the Property to install Sign West. 4. This license will exist until terminated pursuant to the terms hereof. 5. Due to the nature of NCH's facility as an essential service, and the benefits to the citizens living, and Emergency Medical Services operating, in Collier County, Florida, BOCC will not charge an annual fee for the license granted hereunder. 6. Either party may terminate this Agreement, in whole or in part, by providing ninety (90) days prior written notice to the other party ("Notice of Termination"). In the event that either party provides a Notice of Termination, NCH shall remove all signs and sign structures and restore the Property to the condition it existed as of the date hereof by the termination date set forth in the Notice of Termination. 7. NCH shall be responsible for, and shall defend, indemnify and hold harmless BOCC against and from any and all liability or claim of liability demands and causes of action, which may arise as a result of NCH's performance or activities under this Agreement, together with all costs and reasonable attorney's fee for defending the same, arising out of: (a) any failure on the part of NCH to perform or comply with any of the terms hereof, (b) performance of any labor or services or the furnishing of any materials in respect to the construction or maintenance of the signage installed on the Property pursuant to the terms hereof; (c) any negligent, intentionally tortuous, or other act or omission of NCH or any of its employees, agents, licensees or invitees solely as it may relate to this Agreement; and(d)any patent or latent defect in the signage caused by NCH or any of its employees or agents. 8. Except as and if otherwise provided herein, all notices, requests and demands to or upon the respective parties hereto shall be in writing and shall be deemed to have been given or made five (5) business days after a record has been deposited in the mail, postage prepaid, or one (1) business day after a record has been deposited with a recognized overnight courier, Page 2 of 4 1113 charges prepaid or to be billed to the sender, or on the day of delivery if delivered manually with receipt acknowledged, in each case addressed or delivered: To BOCC at: 3299 Tamiami Trail East Naples,FL 34112 Attn:Chairman With a copy to: County Attorney's Office 3299 Tamiami Trail East,Suite 800 Naples,FL 34112 Attn:Jeffrey A.Klatzkow,County Attorney To NCH: P.O.Box 413029 Naples,FL 34101 Attn: Chief of Staff With a copy to: Grant Fridkin Pearson,P.A. 5551 Ridgewood Drive,Suite 501 Naples,FL 34108 Attn: Richard C.Grant Either party may change its address for purposes of this Section 6 by giving notice of the new address to the other party in the manner set forth above. 9. This Agreement shall be binding upon and shall inure to the benefit of each of the parties hereto, their heirs, personal representatives, successors, or assigns and shall run with the land. 10. NCH may not assign this Agreement without BOCC's express prior written consent. 11. This Agreement may not be changed, modified or amended, except in writing by an instrument executed by the parties hereto. 12. If any term or provision of this Agreement or the application thereof to any party, person or circumstance shall, to any extent, be declared invalid or unenforceable by a court of law, the remainder of this Agreement, or the application of such term or provision to parties, persons or circumstances other than those to as to which it is held invalid or unenforceable, such term or provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other terms and provisions of this Agreement and all other applications of any such term or provision shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. 13. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida, exclusive of choice of law rules. Venue for any legal action arising out of this Agreement shall lie exclusively in the state courts of Collier County, Florida. In the event of any litigation hereunder, the prevailing party shall be entitled to recover, in addition to other Page 3 of 4 110 remedies, reasonable attorney's fees and all costs incurred in connection with any such litigation whether incurred prior to trial, during trial, on appeal, or in bankruptcy. 14. This Agreement constitutes the entire understanding of the parties, and all previous agreements and understandings are superseded by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. illi NAPLES COMMUNITY HOSPITAL, INC., a BOARD OF COUNTY COMMISSIONERS Florida not-for-profit corporation COLLIER COUNTY,FLORIDA Bk-..)- (i-v By: Ill° 164144"' Its: y °z' ( 7. Lio rt Ile? F ;•eLi L ,Chairman ATTEST: .,,. DWICIkT E.DFOCK,CLERK CSC . 1 Approved as to form and legality """ a lan'S signature only. 9dA42( 1 a ‘A(/`(-- 1 Heidi Ashton-Cicko Managing Assistant County Attorney i �� Item# Agenda Z .10 Date STATE OF FLORIDA ) §§ Date COUNTY OF COLLIER ) "ecd ik seputy CI:© i I HEREBY CERTIFY that the foregoing instrument was acknow dged before ii- I. Z9`W 'day of beC . , 2015, by IMktin W E' i SS , as krtS. CEO , of Naples Community Hospital, Inc., a Florida not-for-profit corporation, who is pe nal. kn u n to me or who produced as identification. 0 ofi ethctOltuciCk>1 (SEAL) otary,'ublic—State of Florida „,,,,,,,,-,7 , t Zc t 0-e-w, 14cu -h VM Printed Name of Notary e�' ELIZABETH MARTIN r F �.3 CI Le ��j 41)'`''1-.=;',,, �' Notay Py Commission Expires: Public-State�FloridaFl .ipt‘ _ My Comm.Expires Oct 21,2018 •,,a,0, Commission•FF 138875 Page 4 of 4 0. Acceptance of arworks includes client responsibility- for all details mentioned above and releases S gncraft Signs&Things from any liability. 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