Agenda 02/09/2016 Item #16A 6 2/9/2016 16.A.6.
EXECUTIVE SUMMARY
Recommendation to approve and enter into a License Agreement with Naples Community Hospital,
Inc.(NCH)for the purpose of the installation of two ground signs within County road right-of-way.
OBJECTIVE: To approve and enter into a License Agreement with NCH for the purpose of installation
of two ground signs within the County road right-of-way.
CONSIDERATIONS: The Development Review Division of the Growth Management Department has
received an application from Naples Community Hospital, Inc. for the installation of two ground signs
which would be located within Collier County Right-of-Way adjacent to the Heritage Bay PUD. The
right-of-way is unimproved and is reserved for a future north bound turn lane for CR 951 north of
Immokalee Road. Naples Community Hospital, Inc. has constructed a facility containing a freestanding
emergency department within the Heritage Bay PUD. The requested signs will assist the general public
and emergency medical services by notifying them of the location of NCH's facility. Since the signage
identifies an essential medical service, the placement of the signage in the road right-of-way is an
exception to the County's policy of not allowing commercial signage in the County's road right-of-way.
Upon termination of the License Agreement, the signs would be removed at the expense of NCH,
including the restoration of the property to the condition in which it existed. The License Agreement
requires approval by the Board of County Commissioners (Board) because it is a policy decision on
whether the NCH signage should be allowed in the County right-of-way. The License Agreement has
been reviewed and approved by the County Attorney's office.
FISCAL IMPACT: The County will realize revenues as follows:
Fund: Growth Management Fund 131
Agency: County Manager
Cost Center: 138327-Land Development Services
Revenue generated by this project: Total: $1,000.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval.-HFAC
RECOMMENDATIONS:
1. To enter into a License Agreement with NCH for two ground signs.
2. To authorize the Chairman to execute the License Agreement.
Prepared by: John Houldsworth, Senior Site Plan Reviewer, Development Review Division, Growth
Management Department
Attachments:
1) Location Map
2) License Agreement
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2/9/2016 16.A.6.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.6.
Item Summary: Recommendation to approve and enter into a License Agreement with
Naples Community Hospital, Inc. (NCH)for the purpose of the installation of two ground signs
within County road right-of-way.
Meeting Date: 2/9/2016
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Development Review
12/14/2015 12:01:55 PM
Approved By
Name: PuigJudy
Title: Operations Analyst,Operations &Regulatory Management
Date: 12/14/2015 2:42:56 PM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 12/14/2015 2:45:12 PM
Name: McLeanMatthew
Title: Project Manager,Principal,Development Review
Date: 12/14/2015 5:43:06 PM
Name: FrenchJames
Title: Deputy Department Head-GMD, Growth Management Department
Date: 12/14/2015 7:40:16 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 12/16/2015 8:12:18 AM
Name: AshtonHeidi
Title: Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 1/14/2016 10:46:01 AM
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2/9/2016 16.A.6.
Name:KlatzkowJeff
Title: County Attorney,
Date: 1/19/2016 4:09:29 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 1/22/2016 10:50:56 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 1/31/2016 11:52:42 AM
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2/9/2016 16.A.6.
LICENSE AGREEMENT
THIS LICENSE AGREEMENT("Agreement")is made this day of
20 , 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;
I. 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
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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,
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2/9/2016 16.A.6.
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
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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.
NAPLES COMMUNITY HOSPITAL, INC., a BOARD OF COUNTY COMMISSIONERS
Florida not-for-profit corporation COLLIER COUNTY,FLORIDA
/ ` X
/
By a ;.
By:
Its: ,o: 013:0, 2-Vii) 1)o n rut. ('ta &. ,Chairman
Approved as to form and legality:
Heidi Ashton-Cicko
Managing Assistant County Attorney
STATE OF FLORIDA )
§§
COUNTY OF COLLIER )
I HEREBY CERTIFY that the foregoing instrument was acknow dged before me this
2614nlay of b ?C* . , 2015, by PA, W ' S , as kire,S cep , of
Naples Community Hospital, Inc., a Florida not-for-profit corporation, who is se 61 . .6 . .
to me or who produced as identification.
p
(SEAL) 'otaryl'uhlic State of Florida
:r° tarn. ELIZABETH MARTIN Printed Name of Notary
• y Public-State 0!FlotidA Illy Commission Expires: Litt 1 G
Af My Comm.E*p tss Oct 21,2016
,;t��•' Commission A►FF 136675
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Acceptance of artworks includes client responsibility- 2/9/2016 16.A.6.
for all details mentioned above and releases 3j craft
Signs&Things from any liablityr,
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