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Agenda 10/27/2015 Item #16D3 10/27/2015 16.D.3. EXECUTIVE SUMMARY Recommendation to approve an Agreement with Naples Community Hospital, Inc. to obtain easements for parcels 339BSE1, 339BSE2, and 339BSE3 for the purpose of providing Transit Bus Stop Improvements; to accept the three easements conveying 750 square feet; and to approve a Maintenance Agreement with the Hospital for the maintenance of a shelter roof in compliance with County standards. Fiscal Impact: $100. OBJECTIVE: To obtain easements for bus stops in order to provide a safe waiting area for the transit users along Tamiami Trail North, South and Eight Street North. CONSIDERATIONS: Naples Community Hospital, Inc. has agreed to convey three easements located on portions of its land identified by folio numbers 14038880000; 14045560009; 14045680002 to Collier County for the purpose of constructing public transportation improvements adjacent to the Naples Community Hospital's (NCH) existing right of way along Eight Street and Tamiami Trail South. Currently, there are existing bus stops located immediately adjacent to the subject properties; however there is not sufficient land available to accommodate bus stop amenities such as benches, bike racks or shelters. These easement acquisitions will allow the Transit System to improve Americans with Disabilities Act(ADA)access to the existing bus stop and to add passenger amenities. The easements to be acquired consist of rectangular shaped tracts approximately 20 feet by 5 feet; 6 feet by 25 feet and 50 feet by 10 feet, for a total of 750 square feet. Parcels 339BSE1 and 339BSE2 are located on Eight Street and Parcel 339BSE3 is located on the west side of Ninth Street (aka Tamiami Trail South). NCH wishes the roof of the bus stop shelter to be located in the easement adjacent to their campus on Tamiami Trail South to conform to the color scheme of the rest of their campus. Because Transit System builds and maintains all County bus stops with a uniform design and set of colors, a change in the roof color would create a fiscal impact for the County. To defray this impact NCH is agreeing to accept maintenance responsibility for the roof if the County permits them to paint the roof to conform to the campus color scheme. The attached maintenance agreement outlines the County maintenance standards with which NCH would be expected to comply. FISCAL IMPACT: The fiscal impact is in an amount not to exceed $100 and includes recording fees that will be charged to the CAT Bus Shelter Fund, 426,Project No. 60083 GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. —JAB RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Approve the attached Donation Agreement; Perpetual Public Purpose Easement; & Maintenance Agreements and authorize its Chairman to execute same on behalf of the Board; 2. Accept the conveyance of easement Parcels No. 339BSE1, 339BSE2, and 339BSE3 and authorize the County Manager or his designee to record same in the public records of Collier County,Florida; 3. Authorize the payment of all costs and expenses necessary to close the transaction; and 4. Authorize the County Manager or his designee to take the necessary measures to ensure the County's performance in accordance with the terms and conditions of the Agreement. Prepared by: Michelle Arnold, Division Director—Public Transit&Neighborhood Enhancement Attachment: Donation&Maintenance Agreement Packet Page-783- 10/27/2015 16.D.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.3. Item Summary: Recommendation to approve an Agreement with Naples Community Hospital, Inc. to grant easements for three parcels, 339BSE1, 339BSE2, and 339BSE3, for the purpose of providing Transit Bus Stop Improvements and to accept the easements conveying 750 square feet. Fiscal Impact: $100. Meeting Date: 10/27/2015 Prepared By Name: WilliamsCorine Title: Manager-Public Transit, Public Services Department 9/11/2015 9:32:54 AM Submitted by Title: Manager-Public Transit, Public Services Department Name: WilliamsCorine 9/11/2015 9:32:55 AM Approved By Name: SotoCaroline Title: Management/Budget Analyst,Public Services Department Date: 9/29/2015 4:25:42 PM Name: DancsecKaren Title: Property Acquisition Specialist, Growth Management Department Date: 10/5/2015 9:04:15 AM Name: TownsendAmanda Title: Division Director-Operations Support, Public Services Department Date: 10/9/2015 1:39:57 PM Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 10/13/2015 2:15:54 PM Packet Page-784- 10/27/2015 16.D.3. Name: AlonsoHailey Title: Operations Analyst,Public Services Department Date: 10/13/2015 2:16:37 PM Name: ArnoldMichelle Title: Division Director-Pub Tran &Nbrhd Enh,Public Transit&Neighborhood Enhancemt Date: 10/13/2015 3:58:03 PM Name: CarnellSteve Title: Department Head-Public Services,Public Services Department Date: 10/13/2015 4:29:44 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 10/13/2015 4:53:40 PM Name: OberrathKaren Title: Accountant, Senior, Grants Management Office Date: 10/13/2015 5:01:38 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 10/14/2015 8:34:57 AM Name: KlatzkowJeff Title: County Attorney, Date: 10/14/2015 9:24:40 AM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Date: 10/15/2015 4:59:09 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 10/15/2015 5:18:58 PM Packet Page-785- 10/27/2015 16.D.3. PROJECT: 61011 - NCH Bus Stop/Shelter Easements PARCEL No(s): 99999 - 339BSE1, 339BSE2, 339BSE3 FOLIO No(s): Portions of 14038880000; 14045560009; 14045680002 j AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of , 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, do 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 Subject e a ntenance 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 Packet Page-786- ------------------- 10/27/2015 16.D.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. Packet Page -787- 10/27/2015 16.D.3. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk Tim Nance, Chairman AS TO OWNER: NAPLES COMMUNITY HOSPITAL, Inc., a Florida not for profit corporation DATED: gp // �✓ BY: IZZ- Witness (Signature) Kevin D. Cooper, Chief of Staff Theresa 60ad(. Name (Print or Type) q 1 js Witness ((Si ture? - are%z— Name (Print or Type) Approved as to form and legality: Jennifer A. Beio Assistant County Attorney Off\ Packet Page-788- 10/27/2015 16.D.3. "....,.... .„......v,.....O.9 rep;..3 An m 20e3—4:12pe Moiled by BvMe•.7 EXHIBIT ' .7 GRAPHIC SCALE iliti Page 1 of --3 I 40 O 20 40 tTierileiMMI 4TH AVENUE NORTH Ix FEET r ) (80' PUBLIC RIGHT—OF—WAY) POINT OF LINE DEARING DISTANCE COMMENCEMENT LI S 00'00'46' E 20.00' 12 S 89'59'14' W 5.00' L3 N 00600'46' W 20.00' _ L4 N 89•59'14' E5.00' 171 T I E R CI 8 ■) CO B L O C K 2 4 9. v rn N CU 4-) rI X d n N-1 -.r0 A O: (T i co 1 Pa m o m -i wco ; v LEGAL DESCRIPTION:PARCEL 339BSE4 c In A PARCEL OF LAND LOCATED IN A PORTION OF LOT 24, TIER 8, t BLOCK 24 OF THE PLAN OF NAPLES AS RECORDED IN PLAT BOOK _J 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 ` GINNING PAGE 8 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, 1 14 THE SAME BEING A POINT ON THE EASTERLY RIGHT—OF—WAY UNE OF EIGHTH STREET (A 60' PUBLIC RIGHT—OF—WAY); THENCE RUN 1 r r 5.001:10.46"E, ALONG THE WESTERLY RIGHT—OF—WAY OF SAID EIGHTH STREET FOR A DISTANCE OF 179.17 FEET TO THE POINT L2 I OF BEGINNING OF THE PARCEL LAND HEREIN DESCRIBED; THENCE CONTINUE 5.00'00'46"W. ALONG SAID WESTERLY RIGHT—OF—WAY HI?' 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.OD'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 MONIES, INC. CER CATE OF AUTH•RIZAT ON NUMBER LB 1772 • • • B P.S.M.#0278 JOHN .HILTO" STATE OF FLORIDA SEC-TnH-RCC PRO.kCi NO. �_ _50 • 950 Encore Way (AM Ot oAtt Naples. FL. 34110 00� 1 31 "" a/'g HOLE MONIES ro"ei 0") z54-z000 SKETCH AND LEGAL DESCRIPTION CHEUC O Br; 0BMI IG NO, Bryce MAa MAWS Florida Cergtloale of 14Ei7ENFitix NQ 411 8-7105 Authorization ko.1772 00$SKETCH J Packet Page -789- 10/27/2015 16.D.3. Ik\t010Vocots\VaV..Zan\Bus 1410014.3 TJs wa I Job 03,NIS-4:173.•O4u.d by Oe.lIL.A EXHIBIT GRAPHIC SCALE I Page .2 of 3 40 No ,w ==a AO 4TH AVENUE NORTH I. a>s s �t>•� - (80 PUBLIC RIGHT-OF-WAY) ( IN FEET ) POINT OF COMMENCEMENT I------- 0 I r1' Iq C 1 T I E R 9 LINE DEARING DISTANCE C m C BL 0 C K 2 4 n Li N 89.59'14' E 6.00' W = o 0 0 L2 S 00.00'46' E 25.00' L3 S 89'59'14' W 6.00' �I o 73 2 r- .o N . L4 N 00'00'46' W 25.00' , 0 Q Si --4 0 Fri rri m -rtfr1 c! -I 1 >) is LEGAL DESCRIPTION;PARCEL 339BSE2 A PARCEL OF LAND LOCATED IN A PORTION OF LOT 13, TIER 9, in 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 VACATED EAST-WEST WEST ALLEY pis BLOCK 24 OF THE PLAN OF NAPLES AS RECORDED IN PLAT BOOK BEGINNING 1, AT PAGE 8 OF THE PUBLIC RECORDS OF COLLIER COUNTY, \ FLORIDA, THE SAME BEING A POINT ON THE EASTERLY \ LI 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 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 I OF EIGHTH STREET FOR A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING; CONTAINING 150.0 SQUARE FEET. MORE OR LESS, I THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR I RESTRICTIONS OF RECORD. I C,,o o ,;, BEARINGS SHOWN HEREON REFER TO THE EAST RIGHT-OF-WAY i LINE OF EIGHTH STREET (U.S. 41) AS BEING S.00'00'46"E. I HOLE MONIES, INC. CERTIFICATE OF�•I UMBER Le 1772 ,M& P.8.M.N6276 I JO J. ILTON STATE OF FLORIDA SEC- �`.-°° 950 Encore Woy 1'flO CT NO. 4-25-50 Naples, FL. 34110 00.131 A BOW °Ate8/1s � Phone: (239) 254-2000 SKETCH AND LEGAL DESCRIPTION wCUSm au a wwc 00. HOLE MONIES Florida Certificate of • REftet4kE HO. " 0-716 MAIM MOM Authorization No.1772 8U5 suICN Packet Page-790- 10/27/2015 16.D.3. .1v.\70YOt11\C"\.1RC.tO13S$US S%f1W.4.,ro....t a.O.vas-I:HP^.Flaw by.eMNM 'XHIBIT , GRAPHIC SCALE —' — Page. s{ r it 40 0 20 40 POINT OF ( IN P'EET ) _ COMMENCEMENT S. R-O-W LINE. 4TH NORTH / i 141 1 N to „�j P O 4+O N O 0 -O ii rn M r- 0 C P Z o co Z SJ �' 0 - -4 LINE BEARING DISTANCE 0 in co LI S 00'00'46' E 50.00' m rn = >1--X 1 12 S 89'59'20' V 10.00' - "' -(� L3 N 00.00'46' V 50.00' 1 N —pi L4 N 89'59`20' E 10.00* T E R 9 V O I B IL 0 C I< 2 4 b y D LEGAL DESCRIPTION: PARCEL 339BSE3 / — x 20' EAST-WEST ALLEY Q A PARCEL OF LAND LOCATED IN A PORTION OF LOT 24, TIER 9, vACA)EO BY ORDINANCE /27a,, V . BLOCK 24 OF THE PLAN OF NAPLES As RECORDED IN PLAT BOOK rF 1, AT PAGE B OF THE PUBLIC RECORDS OF COWER COUNTY, I In FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ( 1 Y z COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY • LINE OF 4TH AVENUE NORTH (A 80' PUBLIC RIGHT-OF-WAY) AND I u THE WEST RIGHT-OF-WAY LINE OF NINTH STREET (U.S. 41) (A w (100' PUBLIC RIGHT OF WAY); THENCE RUN S.O0'OO'46"E., ALONG o 5 THE WEST RIGHT--OF-WAY LINE OF NINTH STREET FOR A �' DISTANCE OF 237.86 FEET TO THE POINT OF BEGINNING OF THE ( '' j POINT OF ■ PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE ALONG THE WEST RIGHT-OF-WAY LINE OF SAID NINTH STREET I L4 BEGINNfNG ' 3.00'00'46"E., FOR A DISTANCE OF 50.00 FEET;THENCE RUN �/ S.89'59120"W., FOR A DISTANCE OF 10.00 FEET THENCE RUN 1,t O I- N.00'00'46"W., FOR A DISTANCE OF 50.00 FEET; THENCE RUN -I I 1 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. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. 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 $ , I HOLE MONIES, INC. CE;TIFICATE OF • •1 ORIZ,.JJON-NUMBER-LB-1.7_J2 l AOP MOO •F PAM.//6278 JO' 4.HILTON STATE OF FLORIDA .- - i sec-nw 4-25-s0 950 Encore Way PROJECT Na DRAWN 9)t DA)E Naples, FL. 34110 00.131 eFNN 1,RA VieHOLE phone) 239) 254-2000 SKETCH ANO LEGAL DESCRIPTION CHECKED BY: MO tla M � S floruia Carfiffoolo of to .uH a-1$e. "A a Authorisation No.1772 sus sKETQH Packet Page -791- 10/27/2015 16.D.3. Exhibit "B" MAINTENANCE AGREEMENT This Maintenance Agreement is entered into this day of , 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 Packet Page -792- t 10/27/2015 16.D.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 Packet Page -793- �� s 1 10/27/2015 16.D.3. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk Tim Nance,Chairman AS TO OWNER: NAPLES COMMUNITY HOSPITAL, Inc., a Florida not for profit corporation DATED: /(79.ki/C / BY kat„ AA44A : Witness(Signature) Kevin D. Cooper, Chief of Staff l7y'Sk &ciad,i Name Print or Type) U 1[I' a � 1itness(Sip :NI, e) C�L C. 0 e2. Name (Print or Type) Approved as to form and legality: Jennifer A. Be1pe ' c> a. Assistant County Attorney cAN\ 3 of 3 Packet Page -794- CI) 10/27/2015 16.D.3. Exhibit "C" Bus Stop Shelter (example of design) SHELTER ROOF i iiii ii Il i�i�! i i, y #fir' 'iyy"ier �5r "° r. � 4 x i;).';':::.:4,4 n. j,. J.f ? 4 L "lam E ,, Jl ;, •Gt4 F x f' - Gt L 1 . o. 1ofl Packet Page-795-