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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) T I E R 8 cn B L O C K 2 4 A o I/ rri 1n CU 0 C 1 A g o —1 "'a _.a wo II I --i D G7 0) -I 1 7) En m p PI -II P1 1" I I x � —D I -< B v 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 •'l ^� 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 -`'' TI in m_ I --1 9 --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 U 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