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Backup Documents 10/27/2015 Item #16D3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ,3 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 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. **NEW** ROUTING SLIP 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 C N(� ,D' 4. BCC Office Board of County Commissioners Ace 0 5. Minutes and Records Clerk of Court's Office � g )' a.4,, PRIMARY CONTACT INFORMATION �(I / 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 Yousi Cardeso &Tessie Sillery Phone Number 252-5886&2 -5840 Contact/ Department PublicTransit&IyBHD Enhmt(old atm) Agenda Date Item was 10-27-2015 V/ Agenda Item Number 16(D)3 Approved by the BCC 16108 Type of Document Attached Exhibit B—Maintenance Agreement • Number of Original (1)of each NCH Bus/Stop Shelter Easement Documents Attached (1)of each PO number or account number if document is to be recorded SPECIAL INSTRUCTIONS: Need two certified copies of each document and mail below:&1 certified copy of each document to PTNE Division. Please-Fed Ex(acct. )((1)Certified Copy of Maint.Agreement&(1)Certified Copy of NHC Easement to: Phillip C. Dutcher, Chief Operations Officer, NCH Healthcare System , 350 7th Street North, Naples, Fla. 34102 and (239) 624-4004 INSTRUCTIONS&CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column, Yes N/A(Not whichever is appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? j,- r"`„ okay 2. Does the document need to be sent to another agency for additional • � signatures? If yes,provide the Contact Information(Name;Agency; ( Address;Phone)on an attached sheet. 6` 3. 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. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCCj� 13 1 AChairman and the Clerk to the Board �j 5. 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. C,, 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 10-27-2015 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. �—1 w4 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 the Chairman's signature. I:Forms/County Forms/BCC Fonns/Original Documents Routing Slip W VS Origin. '.7 .04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1603 MEMORANDUM Date: October 29, 2015 To: Yousi Cardeso, Operations Analyst Public Transit & Neighborhood Enhancement From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: NCH Bus Stop/Shelter Agreement and Maintenance Agreement Attached for your records is one (1) certified copy of each document referenced above, (Item #16D3) adopted by the Board on Tuesday, October 27, 2015. The original is kept in the Board's Minutes and Records Department as part of the Board's Official Record. Per your instructions a certified copy of each agreement has been sent to NCH. If you have questions or need further assistance, please contact me at 252-8411. Thank you. Attachment 1 6 0 3 MEMORANDUM Date: October 29, 2015 To: Phillip C. Dutcher, Chief Operations Officer NCH Healthcare System From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: NCH Bus Stop/Shelter Agreement and Maintenance Agreement Attached for your records is one (1) certified copy of each document referenced above, (Item #16D3) adopted by the Board on Tuesday, October 27, 2015. If you have questions or need further assistance, please contact me at 252-8411. Thank you. Attachment IA,cilli H:.i.i;ry i MN bury LSGY wit Atrtati !u :rtt tr.S R.-.t.IV,rU jt l:Ytt Uttl II ) aft1',I.; . o 161J3 a Al a •Sggi8 I ❑ 1 S 3 S of }.£ 1 m . Ei � 4'li ti 2 ' 42:::: m▪ Z :gi� pa� y 4'�J❑ ❑ �3:3 :8 . ,, 774 3 o S 12 a -g 11 N ❑ ❑ ❑ ��$ 8 s i Q+ a frit i ' 1 g 4 1 A }; l) 4 1 ❑ o i a- G` 9 C<RE g g a .- m� yy ee,L b !yy5 in, Ali i 9 .g S El m Y✓m fr ~ - i8 •t i ¢ . tppr. ❑. d Ep t i C o C 85�e .d o5 a m8 L Ol a, . O t i ' 12 2 QE rZi^^,, Y 1 -E-▪ @i > oefrcf; 9 > ,g, .§ g j ao _❑ egg I Y d 0ig 'gal1 lit C ami S o °imp. _L'10-74 p EO g 8 CO q Svc mks ❑ -- §4 tLO aE 11 6 vii . vi i 10 w ,se a - ` 4 o & $ 3-i Eli Ili! SIA a a y vaii 2211 11 2 8 a All S a sfi = ps = Lil 0 1 1 I i\\ 9ZU1ilI . ca43 $�-- ?1 <J wasi' aa O.. .� F7 N c co F. C3 (t) 4. 5 .= 43 1 10 B co SY is 1,,,,_. 3- 6) + ....-• m ii4 ) a ( .a n CD 2 z > r CO o _ -.2'A • Q i F,c) / <,..,--1:21 ra - $ � o n a. ca 1-75 ....„. .... d i..... A erw 41111 J I --F- 's g • W Q IS Z a a IA o g w (� , V s iti C mm en 0 Vu 'O.m mI m9 y6 m 'cE A v oti 12 v` „ vs 00 S of ciiZ v Q v Y F�amcZ ci �Q 3 $ g N PI BEEET917.0081 X3PajoB oos1 woa xepal Ili J 11 3 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 '1} `day of 0 c.-1-2)--LeJ. , 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 16 0 3 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. (` 1603 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED: i D `2--b1/c ATTEST, ' '� , BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,Clerk COLLIER COUNTY, FLORIDA 13C19-A-"Ir& BY: / F.d* e Attest as to Chaij ClerkC Tim Nance, Chairman signature only.•.'>,, '. AS TO OWNER: NAPLES COMMUNITY HOSPITAL, Inc., a Florida not for profit corporation DATED: q/. li c--r BY: eL Witnesst (Signature) Kevin D. Cooper, Chief of Staff riots 6v Name (Print or Type) q[7.00 Witness (Si ture srt ''C\\V Name (Print or Type) Approved as to form and legality: Jennifer A. Beio (AN' Assistant County Attorney � a`� i 16 0 3 ,4„200.,200931\9”\dn.2015\005 SX(101.4.Q roe: no,3 An 09,2013 -4:I4.,.PrcIlcd AX 0u-Re.el EXHIBIT ''' GRAPHIC SCALEPV Page of • 40 0 20 40 ' ., 4TH AVENUE NORTH ( 1N rcrT``) (80' PUBLIC RIGHT—OF—WAY) POINT OF LINE DEARING DISTANCE COMMENCEMENT • LI S 00'00'46' E 20.00' L2 S 89'59'14' W 5.00' L3 N 00'00'46' W 20.00' -! b L4 N 89'59'14' E_._5.00' N TIER 8 ^1 m BLOCK 2 4 o -10 Fri C -- (1) COLT r I E 0 n -1 f-- 6.,Or— , d _moi_ - _.0 1 0 G7 C 0) 20 `" i -I v LEGAL DESCRIPTION:PARCEL 339BSE1 F IA A PARCEL OF LAND LOCATED IN A PORTION OF LOT 24, TIER 8, A BLOCK 24 OF THE PLAN OF NAPLES AS RECORDED IN PLAT BOOK ^I 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 1, TIER 8, BLOCK POINT OF 24 OF THE PLAN OF NAPLES AS RECORDED IN PLAT BOOK 1, AT -- s 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 I r- r S.00'00'46"E, ALONG THE WESTERLY RIGHT—OF—WAY OF SAID I w w EIGHTH STREET FOR A DISTANCE OF 179.17 FEET TO THE POINT, L2 I OF REG NNING OF THE PARCEL LAND HEREIN DESCRIBED; THENCE "4' Q CONTINUE S,00'00'46"W, ALONG SAID WESTERLY RIGHT—OF—WAY � � 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 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 MONTES, INC. CERT1RCATE OF AUTH RIZATON NUMBER LB 1772 • B ------:\ e..-"'' � ^, P.S.M.II6278 h JOH .HILTO --- ---" STATE OF FLORIDA SCC TYM-R,e \ ---'f • 950 Encore Way Vko.ECl NO. 4-25-S0 Naples. FL. 34110 r DAM 8T: 'DACE OO. J UEIOt 6/15 HOLE MONIES Phone: (239) 254-2000 SKETCH AND LEGAL DESCRIPTION DIENEO ay: DRAvalb Ftb. DOOM DAWA MOM Flort a CerlIftcoto of htrERtllrx no. 4,4 a-7105 Authorization No.1772 °US sxeKcn 16 0 3 VIAICCO\2tu013/\p !...2016\UU4 MICH./$.1 2.111.no 2 J.09.2u13—1_12p11 Nailed I.y Pe-0.4 EXHIBIT' GRAPHIC SCALEN Page of 2 40 0 20 40 �� _ _ _4TH AVENUE NORTH r :"me , :µ (80' PUBLIC RIGHT--OF-WAY) ( IN FEET ) POINT OF COMMENCEMENT / +1-1/ F- -- N A 0 rel W ()1 A o z TIER 9 LINE BEARING _DISTANCE C in u) B L 0 C K 2 4 LI N 89'59'14' E 6.00' co 01 L2 S 00'00'46' E 25.00' , n ---1O o f L3 S 89'59'14' W6.00' �= o o 1- L4 N 00'00'46' W 25.00' 5u) 4, P ^'9+ A X O' �z 0 111 fit .0 -rt Frl LEGAL DESCRIPTION;PARCEL 339BSE2 v c A PARCEL OF LAND LOCATED IN A PORTION OF LOT 13, TIER 9, y, BLOCK 24 OF THE PLAN OF NAPLES AS RECORDED IN PLAT BOOK o 1, AT PAGE 8 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: I _ COMMENCE AT THE NORTHWEST CORNER OF LOT 12, TIER 9, "'20' EAST-WEST LLEY BLOCK 24 OF THE PLAN OF NAPLES AS RECORDED IN PLABOOK POINT OF VACATED 9Y ORDINANCE X275 BEGINNING 1, AT PAGE 8 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE EASTERLY Ll --�_ 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 4 R' DISTANCE OF 175.68 FEET TO THE POINT OF BEGINNING OF THE PARCEL LAND HEREIN DESCRIBED; THENCE RUN N,89'59'14"E., FOR _L3 A DISTANCE OF 6.00 FEET; THENCE RUN S.00'00'46"E. FOR A DISTANCE OF 25.00 FEET; THENCE RUN S.89'59'14"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 MR OF OESINNAS; CONTAINING 150.0 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. w o r o ii1 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 MONTES, INC. CERTIFIA TEO RIZAII .N..NVMBER LB 1772 F3 + \........--------.... _�--`''.- P.S.M.116278 ( I JO J.IIILTON STATE OF FLORIDA 34110 FL � , SEC-1W4r r-- ._...,..% 950 Encore Woy [00 EW i+o, 4 2s so Y DRAWN DY: OAIE Naples, . J1 00111 e/rs _ HOLE MON"TES NitilPhone: (239) 254-2000 SKETCH AND LEGAL DESCRIPTION CORKED i+r; oaAtr,ic no. ertanq 111.505 ARVO0q Florida Cerllficole of ErtR(Ilc£ 110. ,tJH 5-1154 Authorization No,1772BUS SKE+CN 16 0 3 .c\to0o\z0.3„.A..,,.1015\01./5 4(EICH4.9 105 ,._I.P,09,1015-4.11p.,AM44 of 06n4..el GRAPHIC SCALE --- -- - -_ ____ __ � XHiBiT '_ _ 40 a 70 40 Page-I---0- ---t3 ,, a art POINT OF ( IN FEET ) COMMENCEMENT I N __S_R-O-W LINE, 4TH AVE NORTH T 1 N IA j g 0 C w u) o 1 .r + r r 1, (n AO m c.�O NO (A D r, M r C7 -P Z _ o d W Z N m 0 (EINE _BEARING DISTANCE o ' _� w LL S 00'00'46' E 50.00' _ m rn s D ---I L2 S 89'59'20' V 10.00' A Im L3 N 00'00'46' V 50.00' i I••) I L4 N 89'59'20' E 10.00' _ T R 9 T j 0 -1 c_I I OLOCK 2 4 'co * 7, °? D g I LEGAL DESCRIPTION: PARCEL 33966E3 T---- A 20' EAST-MST ALLEY Q A PARCEL OF LAND LOCATED IN A PORTION OF LOT 24, TIER 9, VACA1E0 BY ORDINANCE /27&. BLOCK 24 OF THE PLAN OF' NAPLES AS RECORDED IN PLAT BOOK \ z 1, AT PAGE 8 OF THE PUBLIC RECORDS OF COLLIER COUNTY, X FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: z I COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY --1 LINE OF 4TH AVENUE NORTH (A 80' PUBLIC RIGHT-OF-WAY) AND w THE WEST RIGHT-OF-WAY LINE OF NINTH STREET (U.S. 41) (A `''• 9 100' PUBLIC RIGHT OF WAY); THENCE RUN S.00'00'46"E., ALONG e C THE WEST RIGHT--OF-WAY LINE OF NINTH STREET FOR A --I '- DISTANCE OF 237.86 FEET TO THE POINT OF BEGINNING OF THE r. ±-, POINT OF PARCEL OF' LAND HEREIN DESCRIBED; THENCE CONTINUE ALONG BEGINNING THE WEST RIGHT-OF--WAY LINE OF SAID NINTH STREET L4 / 1 i S.00'00'46"E., FOR A DISTANCE OF 50.00 FEET;THENCE RUN S.89'59'20"W., FOR A DISTANCE OF 10.00 FEET THENCE RUN w o �� N.00'00'46"W., FOR A DISTANCE OF 50.00 FEET; THENCE RUN ` I 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. f...- THIS THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR I I RESTRICTIONS OF RECORD. I BEARINGS SHOWN HEREON REFER TO THE WEST RIGHT-OF-WAY L2 LINE OF NINTH STREET, (U.S. 41) AS BEING S.00'00'46"E. , . _.._I HOLE MONIES, INC. CEWTIFICATE OF 1r ORIZ PON NUMBER LB-1.772_ (BY P.S.M.#6278 ii JO 414.HILTON STATE OF FLORIDA i "SEC-Iwi Rrx:4 xs-w` �� 950 Encore Way PRD.�:C(H0 morel: DA WI Naples, Fl. 34110 00.131 aeof6„s Phone. (239) 254-2000 SKETCH AND LEGAL DESCRIPTION CHECKED 0r. ORA1iu1D no. HOL.F MONTES Flor• a Certificate of RCF(RtHcE N 4a+ 8-2165 o'+'T `u mom Authorization No.1772 BUS SKETCH 1603 Exhibit "B" MAINTENANCE AGREEMENT This Maintenance Agreement is entered into this f).-) day of 0 , 2015, by and between Collier County, Florida, a political subdivision of the State of Florida whose mailing address is 3299 Tamiami Trail East, Naples, FL 34112 (hereinafter referred to as the "County"), and Naples Community Hospital, Inc. a Florida not for profit corporation, whose mailing address is 350 7th Street N,Naples, Florida 34102 (hereinafter referred to as NCH"). RECITALS: WHEREAS, NCH has granted an easement to the County for the purpose of building a bus stop with a shelter; and WHEREAS, the County builds and maintains all County bus stops with a uniform design and set of colors; and WHEREAS, NCH wishes the roof of the bus stop shelter on their campus located in the easement depicted in the attached Exhibit"A", page 3 of 3 to conform to the color scheme of the rest of their campus. NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as follows: 1. Subject to the issuance of any necessary Permits, County hereby grants to NCH the right to repaint and maintain the shelter roof located in the easement depicted in Exhibit "A", page 3 of 3 attached hereto. 2. NCH agrees to paint and maintain the shelter roof only (hereinafter referred to as "the shelter roof') of the bus stop shelter of which an example is shown in Exhibit "C" attached hereto; at its sole cost and expense. Maintenance shall be in accordance with County standards and will include, but not be limited to, power washing the roof every six months unless high usage warrants more frequent cleaning and repainting a minimum of every 5 years with needed repairs and proper removal of rust prior to painting. 3. Should NCH fail to maintain the shelter roof, the County may provide notice to NCH in writing, specifying the nature of the deficiency. Within ten working days following receipt of such notice, NCH at its sole cost shall cause the appropriate repairs or cure to be effected. In the event damage to, or failure to maintain the shelter roof results in a situation where public safety is at risk, (1)NCH shall effect repairs within twenty-four hours of receipt of the County's written notice, or(2) the County may, at its option, effect repairs to the shelter roof, without the need for prior notice to NCH, and will promptly bill NCH for all actual costs incurred in effecting the 1 of 3 16 0 3 repairs. NCH shall reimburse the County for such costs within thirty days of receipt of the County's bill. 4. NCH, as Indemnitor hereunder, shall indemnify and save harmless the County, as Indemnitee hereunder, including all employees of the County, from any loss or damages Indemnitee may suffer as a result of claims, suits, demands, damages, losses, fines, penalties, interest, expenses, costs, or judgments, including attorneys' fees and costs of litigation, against the County arising out of NCH's maintenance of the shelter roof. The Indemnitee shall not undertake to settle any lawsuit or threatened lawsuit that could give rise to Indemnitor's obligation hereunder without the prior consent of Indemnitor, such consent to not be unreasonably withheld. 5. The indemnity provided for by this Agreement will extend from the date of this Agreement until such time as the parties hereto acknowledge in writing that NCH has ceased to maintain the shelter roof as stated within this Agreement and the shelter roof has been restored as set forth below, at which time, following receipt of NCH's written request, the County will execute a release from indemnification in favor of NCH. 6. Indemnitee agrees to give Indemnitor written notice of any claims filed against the County in connection with this Agreement, within thirty days of the date that County is aware of such claim. 7. Unless terminated by mutual consent, in writing and signed by both parties, this Agreement shall remain in full force and effect in perpetuity from the date first set forth above, and shall be binding upon the parties and all their successors in interest. In the event this Agreement is terminated by mutual consent, the color of the shelter roof will be repainted by NCH to match the rest of the County bus stops whenever it becomes necessary to paint the shelter roof for repairs or scheduled maintenance. 8. In the event either party hereto shall institute legal proceedings in connection with, or for the enforcement of, this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees, at both trial and appellate levels. 9. This Agreement may be recorded by the County in the Official Records of Collier County, Florida. NCH shall pay all costs of recording this Agreement prior to the execution of this Agreement. A copy of the Recorded Agreement will be provided to NCH. 10. This Agreement shall be governed by the laws of the State of Florida, and may not be altered or amended in any way, save by written agreement signed by both parties. 11. The rights and obligations of this Agreement shall bind and benefit any successors or assigns of the parties. 2 of 3 1603 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED: ID/236 f/ c--- ATTEST:., -"ATTEST:., ' '' ":• BOARD OF COUNTY COMMISSIONERS DWI RT.E. BR' K,Clerk COLLIER(jC FNTY, FLORIDA to ,.: BY: / eidaocc, - 'Ttest as to chEttotpx-Clerk Tim Nance,Chairman ;I mature only AS TO OWNER: NAPLES COMMUNITY HOSPITAL, Inc., a Florida not for profit corporation DATED: g1094/&---- 9.i.vtilA „gia.,--&_ - BY: ,// Witness (Signature) Kevin D. Cooper, Chief of Staff Ihe,2sCI 600/ti gC1 Name Print or Type) l a (g° it -111111>, 1ness (Sit 7 re) CAN C. OC e2 Name (Print or Type) Approved as to form and legality: %C .A---)1._t-..-.--.Jennifer A. BelcC"”) � C.D Assistant County Attorney p\\ 3 of 3 16 D 3 Exhibit "C" Bus Stop Shelter (example of design) SHELTER ROOF { 1 of 1 INSTR 5191315 OR 5210 PG 3715 RECORDED 11/4/2015 10:01 AM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 16 Li 3 DOC@.70 $0.70 REC $44.00 PROJECT: 61011 - NCH Bus Stop/Shelter Esmts PARCEL No(s): 99999- 339BSE1, 339BSE2, 339BSE3 FOLIO No(s): Portions of 14038880000; 14045560009; 14045680002 PERPETUAL PUBLIC PURPOSE EASEMENT (BUS STOP/BUS SHELTER EASEMENT) THIS EASEMENT, made and entered into this day of , 2015, by 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 "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112, (hereinafter referred to as "Grantee"). (Wherever used herein, the terms "Grantor" and "Grantee" include all parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, 3 separate perpetual and non-exclusive easements for the purpose of installing benches, bicycle racks, trash receptacles, an overhead shelter and ancillary facilities (hereinafter referred to as "bus stops") for patrons of Collier County's transit system (Collier Area Transit — C.A.T.) over, under, upon and across the following described lands located in Collier County, Florida, to wit: See attached Exhibit"A"which is incorporated herein by reference Subject to easements, restrictions, and reservations of record. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said lands and to place and/or excavate materials for the purpose of constructing and maintaining thereon seating (benches), bicycle racks, trash receptacles, an overhead shelter, and ancillary facilities for patrons of Collier County's transit system (Collier Area Transit—C.A.T.). Once the shelter is built by Grantee within the easement described in Exhibit "A," page 3 of 3, Grantor will assume responsibility for preparing and repainting the shelter roof to a color of Grantor's surrounding buildings and hereby agree to maintain the shelter roof and the color thereof in perpetuity according to County standards. Grantee will maintain all other elements of the three bus stops and will also maintain aforesaid shelter roof should Grantor cease to maintain it. Grantor will be accessed,the cost to repaint the shelter roof back to its original color in the event Grantee must assume the maintenance thereof. These easements include MS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS, COWER COUNTY,FLORIDA, PURSUANT TOAGENDA, DATED: to1�? �+siTEM NO, I(O. t). C� OR 5210 PG 3716 the right to remove and use any and all rock and/or fill material which may be excavated during the course of construction. The easements granted herein shall constitute easements running with the lands, and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. NAPLES COMMUNITY HOSPITAL, Inc., a Florida not for profit corporation �l(�Lu. _ A-E—z?_A. By: d( Witness (Signature) Kevin D. Cooper, Chief of Staff }-feet4 6-010 i /" Name (Pant or Type) q/Z$/y5 Witness (Sign ure) M\fac-e7 Name (Print or Type) STATE OF FLORIDA COUNTY OF COLLIER The foreg9ing Perpetual Public Purpose Easement was acknowledged before me this ?o' ' day of `).p-{rribIr, 2015, by Kevin D. Cooper, as Chief of Staff, on behalf of Naples Community Hospital, Inc., a Florida not for profit corporation, who: 17 is personally known to me OR produced as proof of identity. (affix notarial seal) ( /') 1i'iarcMi) `(Si rdfure of NotaryPublic' Mal-111 •. �; E112AIE111 MARTIN (Print Name of Notary Public) pralii) N0�' `'t�aFlorida Serial/Commission #(if any):Mr Cam.Exakrs 0421.2018 MyCommission FF 13C�(r7S comralsske•IT 136815 ' Expires: 101211S'" Approved as to form and legality: Jennifer A. Bel 1 io 0-5?)q\� Assistant County A orney Last Rcviud:10/15/10 OR 5210 PG 3717 t,, iw7t m It Va.°\toosrst\+"\r„•to+s\ovs 73.[rctre.+rtr...3 An in.fats-414..Milui I.r... EXHIBIT " GRAPHIC SCALEtAki • page Of 40 0 20 40 I _ 4TH AVENUE NORTH ( IN rrcr ) (80' PUBLIC RIGHT—OF—WAY) POINT OF LINE BEARING DISTANCE COMMENCEMENT LI S 00'00'46' E 20.00' _ L2 S 09'59'14' W 5.00' L3 N 00'00'46' W 20.00' w • L4 N 89'59'14' E 5.00' t! T I E R 8 g r.l BLOCKco 2 4 6 o -Dm u) cu • r = A 0 c7 N Or— A 0 7/ -i O Ln f C coS 1 77 Z r1 �, p m M I' -1 DI 'S 1l v LEGAL DESCRIPTION:PARCEL 3308SE1 � A PARCEL OF LAND LOCATED IN A PORTION OF LOT 24, TIER 8, w BLOCK 24 OF THE PLAN OF NAPLES AS RECORDED IN PLAT 000K 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 1, TIER 8, BLOCK POINT OF 24 OF THE PLAN OF NAPLES AS RECORDED IN PLAT BOOK 1, AT — a. GINNING PAGE 8 OF THE PUBLIC RECORDS OF COWER 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 I r' G S.00'00'46"E, ALONG THE WESTERLY RIGHT—OF—WAY OF SAID • EIGHTH STREET FOR A DISTANCE OF 179.17 FEET TO THE POINT OF BEGINNING OF THE PARCEL LAND HEREIN DESCRIBED; THENCE L2 I CONTINUE S.O0'00'46"W. ALONG SAID WESTERLY RIGHT—OF—WAY ( o I LINE FOR A DISTANCE OF 20.00 FEET; THENCE RUN S.89'59'14"W.,1Y FOR A DISTANCE OF 5.00 FEET; THENCE RUN N,00'00'46" ., FOR I I A DISTANCE OF 20.00 FEET; THENCE RUN 5.89'59'14"E. FOR A I 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. CER TIF CATE OF AUTH RIZAT ON NUMBER L8 1772 ICP.S.M.h0278 t i JOHHLTO STATE OF FLORIDA stc—tnn-Fu-'` Ni +-zs-so 950 Eneore IVay r-HoxCI rt0. ' .3Ar1 8i UAK Naples, fL. 34110 00.1 3 1 ettnr 0/„ HOLE MONTPhonst ES (239) 2s4-2000 SKETCH AND LEGAL DESCRIPTION oxtb un .ut....4 00. oatenµ1u4 ROMS Florida Cern( of TUCAU.t(ha 4.91 0-110! Aulhorl:ollon No.1772 nus szcrcn OR 5210 PG 3718 161) 3 I 3 . ..Vtal tulo.3INprAA.•.1013\Rol SQ1CW'Ng r�•• !—L.°t N+)—.:'h..r'..11.1 ti lwh.. • i EXHIBIT GRAPHIC SCALE; �l Page of 3 40 0 20 40 1'� _ _4TH AVENUE NORTH (80' PUBLIC RIGHT-OF-WAY) ( IN FEET ) PONT of s, ' COMMENCEMENT / • ; _r__ ____I r... .1' -,,,, ,.. N . ..,.. [) .., ,.. • I11Q, q z TIER 9 LINE DEARING DISTANCE C - IA B L 0 C K 2 4 LI N 89'59'14' E 6.00' L2 S 00'00'46' E 25.00' n -i o Or 0 0 L3 S 09'5994' W 6.00' L4 N 00'00'46' W 25.00' 2,� o 'I° n'o - -4 u.12 rn N = G -71 of m - . I -I O LEGAL DESCRIPTION:PARCEL 3398SE2 c A PARCEL OF LAND LOCATED IN A PORTION OF LOT 13, TIER 9, •y`, BLOCK 24 OF THE PLAN OF NAPLES AS RECORDED IN PLAT BOOK ,, 1, AT PACE 8 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBEO AS FOLLOWS: T- COMMENCE AT THE NORTHWEST CORNER OF LOT 12, TIER 9 "20'EASE-WEST ALLEY BLOCK 24 OF THE PLAN OF NAPLES AS RECORDED IN PLAT BOOK POINT OF VACAECO BY ortpNANGE /275 BEGINNING1, AT PAGE 8 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, DIE SAME BEING A POINT ON THE EASTERLY \ L1 J� RIGHT-OF-WAY LINE OF EIGHTH STREET (A 60' PUBLIC 1 RIGHT-OF-WAY); THENCE RUN S.00'00'46"E, ALONG THE r- - EASTERLY RIGHT-OF-WAY OF SAID EIGHTH STREET FOR-A .t• ro DISTANCE OF 175.68 FEET TO THE POINT OF BEGINNING OF THE PARCEL LAND HERON DESCRIBED; THENCE RUN N.89'59'14"E., FOR — A DISTANCE OF 6.00 FEET; THENCE RUN S.00'00'46"E. FOR A L3 DISTANCE OF 25.00 FEET; THENCE RUN S.89'59.1414, FOR A DISTANCE OF 6.00 FEET TO A POINT ON THE SAID EASTERLY I I RIGHT-OF-WAY LINE OF EIGHTH STREET; THENCE RUN N.00'00'46"W, ALONG THE SAID EASTERLY RIGHT-OF-WAY LINE OF E1G11111 STREET FOR A DISTANCE OF 25.00 FEET TO THE POINT OF OESr1NNING; CONTAINING 150.0 SQUARE FEET. MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR _ RESTRICTIONS OF RECORD. '- -r u. ra U BEARINGS SHOWN HEREON REFER TO THE EAST RIGHT-OF-WAY LINE OF EIGHTH STREET (U.S. 41) AS BONG S;00'00'46'E. HOLE MONTES, INC. CERTIFICATE OF _1 RL71,ATI I9. yUM8ER LB 1772 O1—_\ • f P.9.M.N0278 `\ J01 J.HILTON STATE OF FLORIDA ttc-11W �" 950 Eneon Woy IYtott:f no. -7l-SO tAAnaoF, DATE Noplta, FL. 34110 okiut ens HOLE MONTES PhD"" (239) 234-2000 SKETCH AND LEGAL DESCRIPTION 00.131 ut a iD br, °+Ar.lrd Erb (MIMIFIorl o CerlllcoI. of #tfAlilcC Ea AMeA07�u' 0-7164 Aulhorltollon No.1772 ous irvu+ I *** OR 5210 PG 3719 *** I 6 ri 3 It„...\t....p,^1,,,.10(SW1 9ACI01,.,Ink,. t.f..n.1011-l,fr r.rw►F•....A EXH GRAPHIC SCALE — — _ T '_�_ I 40 O ,O Page _' ..�_ 20 1 POINT OF ( IN FEET ) COMICENCF,UAITIT f _ S. R-O-W LINE, 4TH AVE NORTH / 11111111 I n. N N n O i1 a'1 A O w t.t 0 A7 p 4 f ”' o c -P. Z IS o • �_ Z $ - '. n D 2 LINE BEARING DISTANCE sxi LI S 00.00'46' E 50.00' L2 S 89'59'20' V 10.00' F*1 ? D f,Z�j rn L3 N 00'00'46' V 50.00' L4 N 89'59'20' E 10.00' T I E R 9 w O t f 8 IL 0 C 1< 2 4 I LEGAL DESCRIPTION: PARCEL 339BSE3 s A A PARCEL OF LAND LOCATED IN A PORTION OF LOT 24, TIER 9, 20'EAST-MSCE Y I27S VACAIEO DY ORDwANCE iii BLOCH 24 OF THE PLAN OF NAPLES AS RECORDED IN PLAT BOOK \ 1, AT PAGE 8 OF THE PUBLIC RECORDS OF COLLIER COUNTY, I r FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: R COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY f • UNE OF 4TH AVENUE NORTH (A 80' PUBLIC RIGHT-OF-WAY) AND !' ,� THE WEST RIGHT-OF-WAY LINE OF NINTH STREET (U.S. 41) (A 4 Q 100' PUBLIC RIGHT OF WAY); THENCE RUN 5.00'00.46"E., ALONG THE WEST RIGHT-OF-WAY LINE OF NINTH STREET FOR A DISTANCE OF 237.86 FEET TO THE POINT OF BEGINNING OF THE + PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE ALONG - POINT OF THE WEST RIGHT-OF-WAY LINE OF SAID NINTH STREET BEGINNING I S.00'00'46"E., FOR A DISTANCE OF 50.00 FEET;THENCE RUN L4 S.89'59'20"W, FOR A DISTANCE OF 10.00 FEET THENCE RUNr- • N.00'00.46"Y/., FOR A DISTANCE OF 50.00 FEET; THENCE RUN N.89'59'20"E., FOR A DISTANCE OF 10,00 FEET TO THE e01Ns 9F_ QLGINNINQ; CONTAINING 500.0 SQUARE FEET. MORE OR LESS. ti THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR ✓OIrr l' 0 ~- ry r RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE WEST RIGHT-OF-WAY :OCri.: •IS 3 ' am .,rec! LINE OF NINTH STREET,(U.S. 41) AS BEING S.00'00'46-E. L . !: 1-:.::,:r,:•:,;..i.,ie-tHOLE MONTES, INC. and ° ',.r ;, . �' F'C.- ---,Ili `i:lld CE TIFICATE OF ORIZ TION-NUMBER L8-L732 D'NIGHT E BROCK,C �` Y �(}�� RIK OF Cpi, ,3 (7--- " P.S.M.MG278 ' s" 1 1 l✓k/_! (. 1.—a4411110111. JO74.HILTON STATE OF FLORIDA D C. ,. SCC-15:1-1i(X: -u-so �_ 950 Encore Woy i-kaccr)14 0357.:1 6r. MENaplau, TL. 34110 00.131 tritel "/'3 Phan': (23c) 254-2o00 SKETCH AND LEGAL DESCRIPTION olcoIto 6r )111,1m.1110. NQLE MUNTES Florida Cerlllloal• of /1'4�urw weclttl Nt1 melt{1i4 111 B-7153 Aulhorltallon fto.1772 INSTR 5191314 OR 5210 PG 3708 RECORDED 11/4/2015 10:01 AM PAGES 7 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA • REC 561.00 I 6 3 n PROJECT: 60110 PARCEL: 99999—339BSE1, 339BSE2, 339BSE3 FOLIO: 14038880000, 14045560009, 14045680002 AMENDED NOTICE OF COMMENCEMENT THIS INSTRUMENT IS BEING FILED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN ORDER TO AMEND THAT CERTAIN NOTICE OF COMMENCEMENT RECORDED IN OR BOOK 5138,PAGE 1476. WHEREAS, NAPLES COMMUNITY HOSPITAL, INC. (hereinafter referred to as "Owner") is the owner of that land described in Exhibit"A", attached hereto and incorporated herein by reference (hereinafter referred to as the"Owner's Property");and WHEREAS, Owner is conveying to Collier County, Florida, a political subdivision of the State of Florida(hereinafter referred to as"County"),three perpetual, non-exclusive easements for bus stop shelters and/or amenities, in that land described in Exhibit "B", attached hereto and incorporated herein by reference (hereinafter referred to as the"Parcel"), for the construction of bus stop shelters and/or amenities;and WHEREAS,Owner and County desire to exclude the Parcel from the operation of any lien or encumbrance which may be filed upon Owner's Property subsequent to the above-referenced Notice of Commencement;and WHEREAS, Juices Technologies, LLC d/b/a Plug Smart (hereinafter referred to as the "Contractor"), the Contractor named in the above referenced Notice of Commencement, desires to amend the above-referenced Notice of Commencement so that the Parcel is excluded from the operation of any lien or encumbrance filed upon Owner's property subsequent to the above- referenced Notice of Commencement. NOW, THEREFORE, Owner and Contractor do hereby cause to be recorded in the public records of Collier County, Florida, this Amended Notice of Commencement with the intent that the Parcel shall be excluded from the operation of any lien or encumbrance filed subsequent to the original Notice of Commencement; and that any such liens or encumbrances filed upon Owner's property subsequent to the recording of this instrument shall attach only to Owner's Property LESS the Parcel. AS SUCH, the undersigned hereby inform all concerned that improvements will be made to certain real property, and in accordance with Section 713.13, Florida Statutes, the following information is provided in this AMENDED NOTICE OF COMMENCEMENT. 1. Description of property(legal description of the property, and street address if available):See Exhibit"A"Owners Property LESS Exhibit"B"Parcel. 2. Street address of property(if available):350 7N Street N, Naples Florida. 3. General description of improvement: bus stop shelter and/or amenities. 4. Owner information: a. Name and address: Naples Community Hospital, Inc 350 7'"St N,Naples,FL 34102. b. Interest in property: Fee Simple. c. Name and address of fee simple titleholder(if other than Owner): N/A. 5. Contractor a. Name and address:Juice Technologies, LLC d/b/a Plug Smart 350 East 1"Avenue Columbus,OH 43215 b. Phone number:(614)935-1638. 6. Surety: a. Name and address: N/A. b. Phone number: C. Amount of bond:$ 7. Lender: a. Name and address: N/A. b. Phone number: OR 5210 PG 3709 1603 8. a. Persons within the State of Florida designated by Owner upon whom notices or other documents may be served as provided by Section 713.13(1)(a)7,Florida Statutes (name and address): N/A. b. Phone numbers of designated persons: 9. a. In addition to himself or herself,Owner designates of to receive a copy of the Lienor's Notice as provided in Section 713.13(1)(b),Florida Statutes. b. Phone number of person or entity designated by owner: 10. Expiration date of notice of commencement(the expiration date is 1 year from the date of recording unless a different date is specified): IN WITNESS WHEREOF,the parties to this Amended Notice of Commencement have hereunto set their signs and seals. As to Owner Naples Community Hospital,Inc.,a Florida not/ forprofit corporation BY: /I (Signature) { Cv�N C�C✓ (Print Ful Na e) c4[z Cfetfii (Print Corporate Title) STATE OF FLORIDA COUNTY OF COLLIER The forgoing Amended Notice of Commencement was acknowledged beforelne this Ad day of /c_Z Ckl , 2015, by k�/Iiv &Da Pt12 CI4(c> Cr s rttl- on behalf of �t'1a 11ti -c.-rH SVC-rr1+1 t ' who pe is rsonally known to me or who has produced [type of identification]as ieEi icati�- on: (affix notarial seal) L— 441-L. (Signature of Notary Public) I' NENEtA GUAM A t Notary Public•State a radii 17/FLa-cti 6,14-D a Comma •Elan PP 222199 11y Comm..Expires Apr 2Y,2019 (Print Name of Notary Public) B:sHalIMONatlonaINotayAua Serial/Commission#(if any):/i2 ' My Commission Expires: •f/4 9/ i 9 As to Contractor THERESA oW01 —r BY:—C- A ( c •—�J' l�� i. , - • Nobly NW•tab d FiordsComman s if 22271S ( nature) / I t a,-.,v" / l7+/v�d •'• la.Emirs.Sif 21.Mod tirror2019 1 (Print Full [�Nam/e) �f(�S/.�IerJ N•�ice.Liil-/— (Print Corporate Title) STATE OF `'r�.t r` COUNTY OF ( QQcp_j. T e forgoing Amended Notes of Commencement was acknowledged before me this day of , 20 A, by Sr}71100_ WOW:IA& 8•14,F4-4,-C, ��Z.��r,� on behalf of "'W'tfo is personally known to me or who has produced (type of identification)as identification. (affix notarial seal) /44-?-7 (Signature of Notary Public) Tlitr2“ G-04-b t (Print Name of Notary Public) Serial/Commission#(if any):,cF�2g 9f' My Commission Expires: cf/100i ? Approved as to form and legality: Assi t County Al C -\ 10\ ✓J I OR 5210 PG 3710 16 ci 3 INSTR 5105798 OR 5138 PG 1476 E-RECORDED 4/9/2015 12:20 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC 518.50 EXHIBIT__A Page_/ of_ NOTICE OF COMMENCEMENT Permit No. 151047 Tax Folio No. 14038880000 State of Florida County of Collier , The undersigned hereby gives notice that improvement will be made to certain real property, and in accordance with Chapter 713,Florida Statutes, the following information is provided in this Notice of Commencement. DescriptionTier7;and ofLots 1 thrproperty:Lots 41 theaBlock 2223,Block Tier8;23,Tierand 7;b and 1thea Lots24Block 1 thru 2242,Block 24,Y_ u 2 , , Lo , , and Lots 1 thru 24,Block 23,Tier 9;and Lots 1 thru 24,Block 24,TIer 9,less road right of ways,Plan of Naples,Plat Boo : Public Records of Collier County, a/k/a 350 7t°Street North,Naple oil • Its tIA j <: _General description of improvemen.: .. ng Tower and C• •eplacement Owner Information or Les I•fo -. -4. if •c Lessee contracted for the pr. • Naples Comm nit .sp al lr c. Nil Address:350 7th St.N., y t•11Q� V F.,, Interest in property. Fee S . _ Name and address of fee sim• _• eholder(if differe . . er listed above) Name: N/A Address: OF TI jF CIRL�1� Contractor: Juice Technologies,LLC d/b/a Plug Smart Address: 350 East 1st Avenue,Suite 210 Columbus,011 43215 i Phone Number: (614)935-1638 i Surety(if applicable,a copy of the payment bond is attached): Name: N/A i • Address: Phone Number. Amount of Bond: Construction Lender: Name: N/A Address: Phone Number. OR 5210 PG 3711 1 6 0 3 1 *** OR 5138 PG 1477 *** EXHIBIT 7i Page a ofd I Persons within the State of Florida designated by Owner upon whom notices or other documents may be served as provided by Section 713.13(1)(a)7., Florida Statutes: Name: N/A address: In addition to himself or herself, Owner designates Terry Kelly of Surety , Construction Company, 6640 Willow Park Drive, Suite B, Naples, FL 34109, permit holder to receive a copy of the Llenor's Notice as provided in Section 713.13(1)(b), Florida Statutes. Phone number of person or entity designated by owner:239-992-6030. Expiration date of Notice of Commencement:(the expiration is one(1)year from the date , of recording unless a different date is specified): R C( E WARNING TO OWNER:ANY PAYMENTS MADE. I R-!irr R-r - ON OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UN, i•' R 713,PART I,SECT i.1 FLORIDA STATUTES,AND CAN RESULT IN YOUR PAYING TWICE FOR(MVO S TO YOUR PROPERTY.A E\OF COMMENCEMENT MUST BE i RECORDED AND POSTED ON THE JOB S it BE • ST INSPECTION.IF Y INT D TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN/t�TTO E ()EF RE ORK OR ECO•SING YOUR NOTICE OF COMMENCEMENT t-urity Hospital,Inc. nAir czpeyn ure of Owner or Les . s* er's or Lessee's Authorized • is /irector/Partner/Manager) OF (Signatory's Title/Office) 1- The foregoing instrument was acknowledged before me this lay of 014/10-a-- , 2015, by .irlc0.i ,UtLruc1t as P17u1tCI ty 1ArrEYt_ of ? C4( • (Signature of Notary Public• State of 7t&/U4 .) (Print,Type, or Stamp Commissioned Name of Notary Public) • ii&-4,164 G 0,41)I 9.4Ae,,,,_ ii,, ,1.�; Personally Known ✓ OR Produced Identification Type of Identification Produced Ifi- 414::;'. THERESA GUADI !! MY CCAWISSION I EE 0715 EXPIRES:Apn129,2015 1 saw n,ra,l a ea.+., OR 5210 PG 3712 .4,r k,,t , "\,c^c\m�,n\oo\i. to .. rn\nn a S. aI.obi rclo ...s 4..wSa . o- •.17r .,0•4r", n.n by em"..., EXHIBIT GRAPHIC SCALE 1114111 Page / of 40 020 40 alciiLlirmL 4TH AVENUE NORTH ( IN FEET ) (80' PUBLIC RIGHT-OF-WAY) POINT OF LINE DEARING DISTANCE COMMENCEMENT LI S 00'0U'46' E 20.00' , _ _\ L2 S 89'59'14' W 5.00' L3 N 00'00'46' W 20.00' _L4 N 89'59'14' E 5.00' ' NN h az T I E R 8 A ..-.I z a) BLOCK 2 4 c — N ® G) O r- _ r F 0 n ----1NO ,C 0, O mli 0 C7 Y 0) -1 Z Q m 1 • M r, -*1 ('l I --1 >1 A — m -.l LEGAL DESCRIPTION:PARCEL 339BSE1 ' c 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, AT PACE 8 OF THE PUBLIC RECORDS OF COLLIER COUNTY, —, 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 B GINNING PAGE 8 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, L4 THE SAME BEING A POINT ON THE EASTERLY RIGHT-OF-WAY LINE ` OF EIGHTH STREET (A 60' PUBLIC RIGHT-OF-WAY); THENCE RUN I I- r S.00'00'46"E, ALONG THE WESTERLY RIGHT-OF-WAY OF SAID " EIGHTH STREET FOR A DISTANCE OF 179.17 FEET TO THE ENT OF BEGINNING OF THE PARCEL LAND HEREIN DESCRIBED; THENCE L2 I CONTINUE S.00'00'46"W. ALONG SAID WESTERLY RIGHT-OF-WAY I i o 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 A DISTANCE OF 20.00 FEET; THENCE RUN 5.89'59'14"E. FOR A DISTANCE OF 5.00 FEET TO THE PAINT 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 MONTES, INC. CER CA TE OF AUTHZAT,ON NUMBER LB 1772 7.- © � P.S.M.P6278 JOHN J. ILTON STATE OF FLORIDA scc-S.4-b,_ `,./i x-25-50 Iffin950 Encore Way k,:i.ILCT P.O. J4404 Fir. EAIE Naples, FL. 34110 00,1 3 ""' s/is HOLE MONTES Phone' (239) 251-2000 SKETCH AND LEGAL DESCRIPTION C.cC<to 01 .>(.40,G 44u. rr.I[Etf 4...,715 Q+,i,C91 Florida Cerlilicole of r.EiE�Er+EE,.u. »' 0-7105 Authorization No.1772 cul sKErr OR 5210 PG 3713 16 0 3 ...vcca\rIrc11.\C:,\,,,.,,1Cr S\MVS Sr 4,0-4 4-,ria, .e.7 A.,07.1]r)- ,;,Ie.'!relied e7 P,+'.r...e EXHIBIT 7 • GRAPHIC SCALE I Page Ot 40 0 20 40 1411111 r• _4TH AVENUE NORTH (80' PUBLC RICHT—OF—WAY) ( IN FEET ) POINT OF COMMENCEMENT i -- —r________I_____ U, N O C q TIER 9 LINE BEARING DISTANCE m - B L 0 C K 2 4 LI N 89'59'14' E 6.00' r L2 S 00'00'46' E 25.00' r_ i O o 0 5 --I O r, L3 S 89'59'14' W 6.00' I c3 = -r r L4 N 00'00'46' W 25.00' 0 N =o T In f ' o - I m r' C) 171 rr, rn • I —I T >1 cl LEGAL DESCRIPTION:PARCEL 339BSE2 Q7 - r y A PARCEL OF LAND LOCATED IN A PORTION OF LOT 13, TIER 9, ,i`A BLOCK 24 OF THE PLAN OF NAPLES AS RECORDED IN PLAT BOOK 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 —-"20 EAST-WEST LnLLiEr BLOCK 24 OF THE PLAN OF NAPLES AS RECORDED IN PLAT BOOK vncnr[o 13r ORDNANCE /275 [3ECINNING 1, AT PAGE 8 OF THE PUBLIC RECORDS OF COLLIER COUNTY, \ _ FLORIDA, THE SAME BEING A POINT ON THE EASTERLY ` Ll RIGHT-OF-WAY LINE OF EIGHTH STREET (A 60' PUBLIC RIGHT-OF-WAY); THENCE RUN S.00'0O'46"E, ALONG THE r r EASTERLY RIGHT-OF-WAY OF SAID EIGHTH STREET FOR A " ro DISTANCE OF 175.68 FEET TO THE POINT OF BEGINNING OF THE PARCEL LAND HEREIN DESCRIBED; THENCE RUN N.89'59'14"E., FOR — A DISTANCE OF 6.00 FEET; THENCE RUN S.00'00'46"E. FOR A L3 DISTANCE OF 25.00 FEET; THENCE RUN S.89'59'14"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 QF DE ING; CONTAINING 150.0 SQUARE FEET. MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. W.C) .O N 1 -1 --1 BEARINGS SHOWN HEREON REFER TO THE EAST RIGHT-OF-WAY LINE OF EIGHTH STREET (U.S. 41) AS BEING 5.00'00'46"E. I HOLE MONTES, INC. CER CATE O'F a ivRIZATI NUMBER LB 1772 ,‘ . P.S.M.} 278 (-------- JOH J.HILTON STATE OF FLORIDA • '5/C-17.7, 9SO Encore Wa 4-25-50 Y !-r:Od[GI ,.0. L«dn"br. urot Naplef, FL. 34110 00.131 OCNN 6/15 HOLE MONTES FINI phone: (239) 254-2000 SKETCH AND LEGAL DESCRIPTION G,,LKE0 8,. "ON.,r"c/..). cr.•••n PuvC�1 AM-7M Florida CerflIicols of r;liEkc••;E Nu. .1,4 8-7154 Authorization No.1772 Cu5 SKE:c i *** OR 5210 PG 3714 *** 1 6 0 3 N\2C'o\Y. ,,,,...„,. ..2ei„Pts S.CtO d.q tn. 1.a t A..O 2CtS-•..Ir.,b.W Gr e..+:.... GRAPHIC SCALE — EXHIBIT 1/ 40 O 20 40 ' Page�of POINT OF ( IN FEET ) COMMENCEMENT I Ni — _S. R-O-W LINE, 4TH AVE NORTH / N qr y2 Orn A O a C+ Nr u N u,- O r O O u C Z _1Z0 or 4, --4 = LINE BEARING DISTANCE '" LI S 00'00'46' E 50.00' > O N L2 S 89'59'20' W 10.00' m = > L3 N 00'00'46' W 50.00' A KI73 L4 N 89.59'20' E 10.00' T I E R 9 O CA O i I BILOCK 2 4 03 D D rn g LEGAL DESCRIPTION: PARCEL 339BSE3 A 20' EAST-HEST ALLEY O A PARCEL OF LAND LOCATED IN A PORTION OF LOT 24, TIER 9, VACATED BY ORDINANCE /775-_,.... * BLOCK 24 OF THE PLAN OF NAPLES AS RECORDED IN PLAT BOOK ` r 1, AT PAGE 8 OF THE PUBLIC RECORDS OF COLLIER COUNTY, J m FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: z COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY - U LINE OF 4TH AVENUE NORTH (A 80' PUBLIC RIGHT-OF-WAY) AND u A THE WEST RIGHT-OF-WAY LINE OF NINTH STREET (U.S. 41) (A 100' PUBLIC RIGHT OF WAY); THENCE RUN 5,00'00'46"E., ALONG o c THE WEST RIGHT-OF-WAY LINE OF NINTH STREET FOR A in DISTANCE OF 237.86 FEET TO THE POINT OF BEGINNING OF THE N. ± PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE ALONG POINT OF THE WEST RIGHT-OF-WAY LINE OF SAID NINTH STREET BEGINNING S.00'00'46"E., FOR A DISTANCE OF 50.00 FEET;THENCE RUN L4 / S.89'59'20"W„ FOR A DISTANCE OF 10.00 FEET THENCE RUN u 0 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 I BEGINNING; CONTAINING 500.0 SQUARE FEET. MORE OR LESS. r- 'I r ' •. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR _ (, r' Z'DX Z '_; I . RESTRICTIONS OF RECORD. Cour' u,F C i ER BEARINGS SHOWN HEREON REFER TO THE WEST RIGHT-OF-WAY �' -- > Ti-TAT this's sinus end correct' LINE OF NINTH STREET (U.S. 41) AS BEING S.00'00'46"E. the OFFICIAL HOLE MONIES, INC, - ,.� ,,,, a'..i,i1 � S: hand CE TIFICATE OF 1 ORIZ• • tiMBE' : 2 a 11- ��a D .i;I�HT - _ V.,(..-.,L7 OF C :Uh"TS P.S.M.#6278 ` /�. JOI HILTON STATE OF FLORIDA BY 1 ____. .-2s-so 950 Encore Way r u. NW./Br. oAle Naples, FL.. ]411010 00 00.1 31 IHIllill PCHN 6/13 HOLE MONTES Phone: (239) 254-2000 SKETCH AND LEGAL DESCRIPTION c-CCmfO BY. 044A*NC NO. D+c2aca AN.1ZJa Antras Florida CertifIcat• of .1.111 a-2163 Authorization No.1772 140 CACHcf; no, NUS sxcrQ2