Agenda 11/10/2009 Item #16B 2
Agenda !tem No. 1682
November 10, 2009
Page 1 of 32
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Recommendation that the Board of Cormry t :!1mmissinners approves and authorizes the
Chairman to sign a Memorandum of Agreement with Florida Department of
Transportation (FDOT) to include and complete the FOOT resurfacing project of SR951
with the County's US-41 and SR/CR-951 intersection (}loject and to execute a Resolution
memorializing the Board':,: action.
OBJECTIVE: That the Board of County Commissioners (BCC) approves and authorizes the
Chairman to sign a Memorandum of Agreement (MOA) with Florida Department of
Transportation (FDOT) to include and complete the FDOT resurfacing project of SR951 with the
County's US-41 and SR/CR-95I intersection project and to execute a Resolution memorializing
the Board's action.
~ONSIDERATION: On April 14, 2009, the County entered into a Developers Contribution
Agreement (DCA) with several Developers to complete interim improvements at the US41/SR-
CR951 Intersection, The DCA identified prcject included funding from FDOT to include the
resurfacing and rehabilitation of 3 A miles of SR951 south of US41 along with a complete PukE
reevaluation. FDOT has abTfeed it will enter into a Joint Project Agreement after July 1, 2012, to
reimburse the County for the resurfacing costs up to $7,625,576. The improvements will include
the conversion of existing span wire to mast arms at mile post 8.491 and 8.615.
.-" FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. All
eosts associated with this agreement are to be reimbursed by FDOT.
GROWTH MANAGEMENT IMPACT: The requested intersection improvements are
consistent with Growth Management objectives and produce no negative impact.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office and is legally sufficient for Board action-SRT.
RECOMMEND A TION: That the Board of County Commissioners (BCC) approves and
authorizes the Chainnan to sign the Memorandum of Agreement with Florida Department of
Transportation (FDOT) to include and complete the FDOT resurfacing project of SR951 with the
County's US-41 and SR/CR-95I intersection project and to execute a Resolution memorializing
the Board's action.
Prepared By: Michael Greene, TranspOliation Planning Manager
Attachments: 1) MOA; 2) DCA; 3) Resolution
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Agenda Item t'>lo. 1682
November 10, 2009
Page 2 of 32
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B(}/;~RI.~ (..)F CC~UNrY C:f.)r!tMtSS!C'NERS
Item Number:
Item Sumn-ary:
1682
KRGommendatlon tllMt the Hoard of County Commissioners approves and authorizes the
Chairman to sign the Memorandum of Agreement with Florida Department of Transportation
(FOOT) to include and complete the FDOT resurfacing project of SR951 with the Countys
US-41 and SR/CR-951 intersection project and to execute a Resolution memorializing the
boards actIOn.
Meeting Date:
11 Ii 012009 9:00:00 AM
Prepared By
Michael Greene
Project Manager
Date
Transportation Services
Transportation Engineering &
Construction Management
10/26/20095:00:52 PM
Approved By
::"~;::ha::! GiC€n~
Project Manager
Date
Transportation Services
Transportation Engineering &
Construction Management
'j 0/26/2009 5 :56 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
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Transportation Services
Transportation Services Admin.
10/27/20099:40 AM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
10f27/2009 10:02 AM
Approved By
Gloria Herrera
ManagementfBudget Analyst
Date
Transportation Services
Stormwater Management
10/27/20092:42 PM
Approved By
Therese Stanley
Grants Coordinator
Date
Transportation
Transportation Administration
10/27/20096:31 PM
Approved By
Nick Casalanguida
MPO Director
Date
Transportation Services
Transportation Planning
10/28/2009 10:35 AM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
10/29/2009 1: 12 PM
Approved By
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OrwiG C0ordioator
C:'lunty Manager's Office
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Aqenda item No. 1682
.~ f\!ovember 10, 2009
Page 3 of 32
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DalEo
D;fice cf' i~'1a;:3D,~::'>:)n~ & S:.H.;~V~~
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10/2912009 1 :52 PM
A pproved By
Jsff ~(JatzkG'~\'
County Attorney
Cc,un:y A~t':Jrn2Y
Date
County A.ttorney Offi:e
10130/2009 2:28 PM
Approved By
Susan Usher
County fll'ianager's Office
Senior f'Aanagementl31'oget Analyst
Date
OfficE; of Management & Budget
1H2/2009 3:18 PM
Approved By
Mark IsacKson
County Manager's Office
Budget Ana..1yst
Date
OffiCt~ of f\r;ar.t.~gemGnt 8, S:Jdg'2t
11 !2/2009 2: 27 Pf\n
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Agenda Item No. 1682
November 10. 2009
Page 4 of 32
MEMORl.\NDUM OF AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
i AND
COLLIER COUNTY
THIS MEMORANDUM OF AGREEMENT (hereinafter, "Agreement") is made and
entered into this _ of ! . 2009, by and between COLLIER COUNTY,
FLORIDA, a political subdivision of th, State of Florida (hereinafter, the "COUNTY") and
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, (hereinafter, the
"DEPARTMENr), to allow the COUNTY to include and complete a DEPARTMENT
resurfacing project, and for the parties to enter into an agreement for the reimbursement
of resurfacing project costs by the DEPARTMENT.
R IE C I TAL S:
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1. Whereas, the DEPARTMENT ihtends to resurface the intersection of US-41 and
SR/CR-951 ("Resurfacing Proje~t"); and
2. Whereas, the COUNTY interlds to do improvements to SR/CR-951 ("County
Project"), which includes this Intersection; and
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3. Whereas, the COUNTY is wilHng to include the DEPARTMENT's Resurfacing
Project into the County's projeqt; and
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4. Whereas, the DEPARTMENlrJ; is willing to allow the COUNTY to do the
Resurfacing Project and reimb . rse the COUNTY for the cost; and
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5. Whereas, the DEPARTMENT and the COUNTY are willing to enter into a Joint
Project Agreement detailing the reimbursement terms for Resurfacing Project.
WIT N E SSE T H:
NOW, THEREFORE, in consideration of the above promises and other good and
valuable consideration exchanged amongst the parties, and in consideration of the
covenants contained herein, the parti~s agree as follows:
1. All of the above recitals are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. The COUNTY agrees to do the ,following:
a. Get the County Project 'Production Ready', which shall include a complete
PO & E reevaluation, and ,
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b. Complete design for the ! County Project, which shall include obtaining
approval from the DEPARTfV1ENT for the design, and
:~~genda :tenl r'~o. 1682
November 10, 2009
Page 5 of 32
MOA: COLLIER COUNTY
RESURFACING PROJECT
Page 2 of 3
c, Design the Resurfacing Project in accordance with FDOT's PPM, Standard
Specs, Design standards, The Resurfacing Project shall also include
conversion of the existing span wire to mast arms at mile post 8.491 and mile
post 8.615. During the design phase, all guardrail within the project limits shall
be field Vt::1 i:lciJ, and the COUNTY shaH replace all guardrail within the project
limits deemed necessary by the DEPARTMENT. The COUNTY shall design
and construct any thrierail! connection retrofit at the bridges at Henderson
Creek (030289 & 030288) as deemed necessary by the DEPARTMENT.
d. Enter into a Joint Project Agreement (" JPA") with the DEPARTMENT for
reimbursement of Resurfacing Project costs.
3. The DEPARTMENT agrees to do the following:
a, Allow the COUNTY to include and complete the Resurfacing Project, and
b. Upon the COUNTY notifying the DEPARTMENT that the County Project is
Production Ready, enter into a JPA with the COUNTY for reimbursement of
Resurfacing Project costs.
4. The Parties agree:
a. That terms of the reimbursement for the Resurfacing Project costs shall be
addressed in the JPA executed after July 1,2012 by the Department, and
b. The maximum participation by the DEPARTMENT shall be for Seven million
six hundred twenty-five thousand five hundred seventy-six dollars
($7,625,576.00) programmed in the Adopted work program under FM#
425209-1 as of July 1, 2012 for Resurfacing Project costs reimbursement to
the COUNTY, and
c. No construction or CEI :reimbursement shall be available before the
DEPARTMENT's fiscal year 2013; and
d. Reimbursement from the DEPARTMENT is subject to the following statutory
requirement:
The DEPARTMENT, during any fiscal year, shall not expend money, incur
any liability, or enter into any contract which, by its terms, involves the
expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written, made in
violation of this subsection is null and void, and no money may be paid on
such contract. The DEPARTMENT shall require a statement from the
Comptroller of the DEPARTMENT that funds are available prior to entering
into any such contract or other binding commitment of funds. Nothing herein
contained shall prevent th~ making of contracts for periods exceeding one
year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years.
Accordingly, the State of Florida's performance and obligation to pay under
this Contract is contingent upon an annual appropriation by the Legislature.
Agenda Item NO.1 GB2
November 10, 2009
Page 6 of 32
MOA: COLLIER COUNTY
RESURFACING PROJECT
Page 3 of 3
IN WITNESS WHEREOF, COIlLlER COUNTY has caused this Agreement to be
executed in its behalf through its i Board of County Commissi~ners through its
Chairperson or designee, and the DEPARTMENT has caused this Agreement to be
executed in its behalf through its i District Secretary for District One, FLORIDA
DEPARTMENT OF TRANSPORTAl110N as indicated below. This Agreement shall
become effective on: !
Department to erter date.
COLLIER COUNTY
ATTEST
DWIGHT E. BROCK, CLERK
BY:
DEPUTY CLERK
DATE
,-"
APPROVED AS TO FORM AND LEGAL
SUF~:C* {? LI
COU ATTORNEY ~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
DONNA FIALA, CHAIRMAN
DATE
ATTEST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
I
BY:
PRINT NAME
TITLE
!
OAT[
BY:
PRINT NAME
TITLE
DATE
FLA DEPT. OF TRANS. LEGAL REVIEW:
BY:
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,.6,qenda Item No 682
~. November 10, 2009
Page 7 of 32
DEVELOPER AGREEMENT
US 41 DEVELOPERS' CONSORTIUM III
THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement") is made and
t:ntered into tillS 14th uay of April, 2009, to be effective as of the date upon which this Agreement is
approved by the Board of County Commissioners of Collier County (the "Effective Date"), by and
among KITE EAGLE CREEK II, LLC, an Indiana limited liability company, KRG EAGLE CREEK IV ,
LLC, an Indiana limited liability company, KRG 951 & 41, LLC, an Indiana limited liability
company, .WC LIQUORS, INC., a Florida corpcration, REALTYNET REAL ESTATE, LLC, a Florida
limited liability company, and HABITAT FOR HUMA..~ITY OF COLLIER COUNTY, INC., a Florida non-
profit corporation (each a "Developer" and, collectively, the "Consortiwn Developers" or the
"Consortium"), and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida
(hereinafter referred to as "County"). All capitalized terms not defined herein shall have the same
meaning as set forth in Ordinance No. 2001-13, the Collier County Consolidated Impact Fee
Ordinance, as amended.
RECIT ALS:
WHEREAS, the Consortiwn Deyeloperseacp~'o~'l1 or control portions of the development
projects (each a "Development" and;:~pJl~~ilve):i:~th~{.?])~e\te1opments"), identified graphically in
Exhibit "A" and by legal descriptions..ill:'Exhibit "B" and~to63ted in unincorporated Collier County,
Florida' and ./ "-//<. '\
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WHEREAS, LDC Se9tioni.~.Q~.o.:z..~~4~;Pro:ci~~~\,Up~:m approval by the Board of
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County Commissioners, any ~pplifa.t}t sliiall(er\te~ ~tgl ~ '~nl9rce!ab19 development agreement with
Collier County pursuant to i,tp.e \\pr~vi~ions ,b~/F; .s.;:- SS 1~3 .?24Q::.:; ~ 63 .3242 or other agreement
acceptable to the Board of\ Coun~C~l~Iissiunef?, itf~Bnj\m9iion with the approval of a
development order and/or a c6rt~~ate of public facil~.iY.o:adequa2:~-/The effect of the development
agreement shall be to bind the\~~es pursuant to the~~Jp).s;an9 conditions of the development
agreement and the certificate of publl;c> facility adequac>>jnL order to insure that adequate public
facilities are available to serve the pr(fposea:'de~elopIpent;~c~.ncurrent with when the impacts of the
development occur on the public facilities;~~~~:~~..___\,"\~'\"" .
WHEREAS, the Consortiwn Developers all wish to enter into this Agreement as they are
presently unable to move forward with these Developments due to concurrency constraints at and
around the intersection of CR Route 951 and SR Route 41; and
WHEREAS, the County is willing to enter into this Agreement in order to help fund and
accelerate the design, permitting, construction and right-of-way acquisition necessary for the at
grade improvement at the intersection of US41 and SR-CR951 that would also be the footprint for
the ultimate grade separated improvement; and
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~ ~ ~ WHEREAS, it is the intent of this Agreement to grant to each Developer vested concurrency
S ~ ;,; : rights with respect to the Development owned or controlled by it, in exchange for certain
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"'" (J ...... DQ commitments set forth below by the Consortiwn Developers to help the County fund all costs
associated with the design, permitting, land acquisition and construction for the at grade intersection
improvements at the intersection of CR Route 951 and SR Route 41, as generally depicted on the
Project Overview Map attached as Exhibit "c" (the "Road Project" or "Proposed Plan"); and
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Agenda Item f'Jo. 1682
November 10. 2009
Page 8 of 32
WHEREAS, the Transportation Administratqr of the COlmty has recommended to the Board
of County Commissioners that the Road Project is ill conformity with the contemplated
improvements and additions to the County's transportation network and is consistent with the
County's transportation concurrency requirements; and
WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board
finds and reaffirms that:
a. The Proposed Plan is in conformity with the contemplated improvements and
additions to the County's transportation system;
b. The Proposed Plan, viewed in conjunction with other existing or other
proposed plans, including those from other developers, will not adversely impact the cash
flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate
or interfere with other planned or ongoing growth-necessitated capital improvements and
additions to the County's transportation system; and
c. The Proposed Plan is consistent with both the public interest and with the
com?rehensive plan, t.he Lo~~/"~~~ .r.:rr~~~tion Pl~ and complies with the
reqUIrements of the CollIer S~~~9~J1~0l1dak~'?\p~,Fee Ordmance.
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NOW, THEREFORE, in c~~~ati~'Il~~~~ ~o.o'o) and other good and valuable
consideration exchanged amorigst 1~e;p8tVf'~(a:nd\~'o~i~rk#~ of t~e covenants contained herein,
th. fi 11 I [I! I i J I' ."..-"" j ( I I
e partIes agree as 0 ows: i _" . 1\ \. /1\ \ I / J (L, \J I I"-.!
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1. All of the abov<\ 'REClT ALS are trot- and ,cQITect and are hereby expressly
incorporated herein by referenc~,J@if$et forth fully be~ / ,/0/
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. 2. The County agrees"'th~~\Y~~~~~~J>f~ev~uation, design, permit, acquire
nght-of-way and construct the at grade ImP!:Of~JIl~t'l.~\l;..~--1ntersectlOn ofUS41 and SR-CR951 that
would also be the footprint for the ultimate grade-separated improvement as shown on Exhibit "C"
(the "Road Project") with Consortium Developers committed advanced impact fee funds of
$8,253,058.75 and FDOT committed funds of $8,357,718. It is understood by all parties that this
Project is subject to FDOT funding and approval, and requires an acceptance of the reevaluated
PD&E, all permitting approvals, and the inclusion of this Project into the County's five-year plan.
Construction is expected to begin summer of2013. IfFDOT funding or approval is not received, the
County, in its sole right and discretion, is entitled to scale back or otherwise amend the Road Project.
3. The County will install Intelligent Traffic Management Systems (lTMS) signalization
of the following traffic signals with the Project.
a. SR9511US-41
b. SR951/Walmart
c. SR951IManatee Road
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A.genda Item i"Jo.16B2
November 1 0, 2009
Page 9 of 32
4. Habitat will provide each homesite in its Regal Acres Developments with an annual
CAT pass for a five year period prior to the certificate of occupan(.y of each homesite.
5. KRG Eagle Creek II, LLC and KRG 951 & 41, LLC shall provide all employees
working more than twenty hours per week. at the Developmentsvvith an annual CAT pass for a five
year period after the issuance of each certificate of occupancy and prior to opening.
6. Within one hundred twenty (120) days of request by the County, KRG 951 & 41 LLC
shall convey to the County q right-of-"!~~y parcel in fee simple, free and clear of all liens and
encumbrances, by statutory warranty deed(s) approved by the County Attorney, suitable for
recording. KRG 951 & 41 LLC shall pay all costs to County associated with this conveyance,
including recording fees. The right-of-way dedication along SR-951 shall be the minimum amount
needed for the construction and widening approaching the intersection of SR-951 and US-41 per
Stanley Consultants Exhibit "C". KRG 951 & 41 LLC agree to provide at their sole yost and
expense any temporary construction and slope easements necessary to facilitate the construction.
The width of the right way dedication shall not exceed 15 ft. KRG 951 & 41 LLC shall be
responsible at their sole cost and expense for the removal of any improvements made by KRG 951 &
41 LLC within the parcel prior to dedication.
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7. Not later than five ~~fut~$;;,g.~~s:::f!?~k}Vih~" the Effective Date, the Consortium
Developers shall pay to the County jifc~lTt1le sum of $:r;Qoo;oOO. The County will use these funds
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to proceed with a PD&E update, design, and right of way acqtiisitiQn for the Project.
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8. As set forth in ,Exhjbit (1J~~o'{th.~)tMil;~t~~e Sch~pul~;'), the Consortium Developers
shall pay County an additional $5'25)-'-;o:58':7:5~hAntiClpate(IRDa\i Impact Fees towards the Project.
Impact Fees must be paid [in ~cc~rd~ce ~ithl t&~,,-t~pi~f ~?~ty Consolidated Impact Fee
Ordinance, however, each DevelC;lPeJ~::~fialCJ2ti"reqUir~d tQ~fu1ly lffgyj to the County its Anticipated
Road Impact Fee Amount (or \tlie~ '~pplicable portion iliereot) noi1~et than the dates set forth in the
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Milestone Schedule. If Road f$m1e.t Fees are increaseij~1hen,the)ainount to be paid shall be based
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on the then current road impact '(ep.rate. Each Developer~s:a<;;tlUil payment for Road Impact Fees
shall be credited against the Anticipate~~G.a,d Impact F:~e:Am~unt. If Road Impact Fees are reduced
or eliminated entirely, no credit will beiITanrea,ftgaUiSithe'~Ariticipated Road Impact Fee Amount for
such reduction. Nothing contained herein-i;;"in-.ihe~Mi1estone Schedule shall prohibit a Developer
from paying its Anticipated Road Impact Fee Amount or portions thereof earlier than the dates set
forth in the Milestone Schedule or prohibit a Developer from receiving certificates of occupancy,
site development plan approvals, plat approvals or building permits in connection with such early
payment.
9. As security for each Developer's payment of its Anticipated Road Impact Fee
Amount, each Developer (other than Developers making the initial payment contemplated in Section
7 above) hereby submits to the County a payment bond, letter of credit or other payment security,
each of which is acceptable to and hereby approved by the County in the amount of its Anticipated
Road Impact Fee Amount totaling $5253,058.75 no later than five business days following the
effective date of this Agreement. Upon payment of the Anticipated Road Impact Fee Amount by a
Developer, that Developer's letter of credit payment bond or other payment security shall be
returned to the Developer.
10. If the Consortium Developers fail to submit payment bonds, letters of credit, or other
approved payment security totaling in the aggregate $5,253,058.75 by the close of business of the
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Agenda Item No. 1682
November 10,2009
Page 10 of 32
fifth business day following the effective date of t!ri~..f,.~eement, the County shall terminate this
Agreement, in which event, the $3,000,000 cash pa)'4ftent and any other cash payment made by a
Developer shall be returned within thirty (30) days by the County to the Developer that paid the
same, the payment bonds, letters of credit and other payment security (if applicable) that were
submitted by the Consortium Developers shall be released within thirty (30) days by the County, this
Agreement shall be null and void, and the parties shall be relieved, from any and all further
obligations hereunder which do not survive termination of this Agreement.
11. This is a form of "Pay and Go" Agreement. The County will be utilizing all of the
$8,253,058.75 to help fund the Road Project, which Project is being done at the Consortium
Developers' request. Upon commencement of the Road Project, the $8,253,058.75 shall become
nonrefundable, and thereafter in no event will the County be responsible for returning any part of the
$8,253,058.75, including but not limited to any Developer's failure or inability to utilize all or a
portion of their Impact Fee Credits. Following each Developer's submittal of cash payment, the
payment bond, letter of credit, or other approved payment security for its Anticipated Road Impact
Fee Amount, as applicable, (1) each Developer shall receive Road Impact Fee Credits for the Total
Anticipated Road Impact Fee Amount as set forth in Exhibit "D". A sample copy of the Impact Fee
Ledger, utilized by the County to administer Road Impact Fee Credits for each Developer is attached
as E~bit "E"; and (2) each Developer,<~h~tNtO f~eii~~ertificates of Adequate Public Facilit.ies
("CertIficates") from the County /wlijc~~ ~ed.1at~1Y//Wl~', fully vest each of the respectIve
Consortium Developers with the.1igh\.~;t6~ roadway cap~tYila connection with their respective
Developments as set forth in thy/~efu!!~_~.9hedule; and (3j.\ea~\ Developer's Development shall
be entitled to obtain certificate/s of/6ccUPatl~y ;-siwdevel\opmert, plan approvals, plat approvals and
building permits for its Developm,.~nt_.Jpr A~q!o~ei~of as;\applicable) subject to the normal
permitting and review procdss. {(Isf;U'a.h{el olth~~) Cetifl9iitds, However, will not relieve the
respective Developers fro~ t~T.i{ \~esi?:.9~re~~~I~g3titxrto ~y( ro~~.rpact fees for .their respective
Developments. The credIt !o~R.aaa:::1m'pact"'Fees-~tientmeCf b'~re~n shall run WIth each of the
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respective Developments and shaltbe reduced by the e~ire aplo}lril:qf each Road Impact Fee due for
each Building Permit issued thet~ ~tiI the respectiv~in>~yeJoPii1dnt project is either completed or
the credits are exhausted or otherWis~'hQ longer available;..,~ay6 been assigned by operation of or
pursuant to an assignment agreemen'h~~e~~e1.o{~a<:>u1g reduction in the Road Impact Fees
shall be calculated based on the amourit'()f.:Qi<i'RQ~<lW~pact Fees in effect at the time the Building
Permit is issued. The credits set forth hereinsnalroeapplied solely to Road Impact Fees, and shall
not offset, diminish or reduce any other charges, fees or other Impact Fees for which the respective
Developer, its successors and assigns are responsible in connection with the development of the
respective Developer's Development. It is expressly understood that the Impact Fee Credits will be
utilized in the order in which the Building Permits are reviewed by the Impact Fee Administration,
irrespective of whether Developer assigns all or part of its respective Development. The County will
apply all road impact fees paid for any portion of a Development whether paid by the respective
Developer or another developer towards the Anticipated Road Impact Fee Amount.
12. If a Developer fails to pay its Anticipated Road Impact Fee Amount (or a portion
thereof) as required herein and such failure continues for a period of thirty (30) days after written
notice of such failure from the County, the County, as its sole remedy hereunder shall have the right
to draw upon such defaulting Developer's letter of credit or exercise the County's rights under the
payment bond or other payment security submitted by such defaulting Developer in order to fund
such Developerts Anticipated Road Impact Fee Amount (or the applicable portion thereof then due
and payable by the Developer). In no event shall a default by one of the Consortium Developers of
- 4 -
OR :A~~144 :t<FG~~o.2:5:~1
t~ovember 10. LOD9
Page 11 of 32
its obligations under this Agreement cause the other Consortium Developers to be in default of this
Agreement.
Lee.al Matters
13. Tills A greement shall not be constructed or characterized as a development agreement
under the Florida Local Government Development Agreement Act.
14. The bllrd/;"nc;: of t.rus Agreement shall he binding upon, and the benefits or this
Agreement shall inure to, all successors in interest to the parties to this Agreement. Upon giving
'Written notice to the County, each of the Developers may assign all or part of the Road Impact Fee
Credits to which they are entitled utilizing the County's then current form of assignment, to
successor owners of all of part of the Developments, or as otherwise provided for in the Collier
County Consolidated Impact Fee Ordinance. A Consortium Developer may transfer or assign all or
a portion of the approved density or square footage to another project on the same roadway that
directly impacts the intersection of US41 with SR-CR951 as shown on Exhibit "C", whether owned
by that Consortium Developer or owned by another developer.
15. Developer acknowledgestl,J.at;!l1e.-f)rilyre_Qf this Agreement to address any permit,
condition, term or restriction shall I)ot, r~!i~Ybiib.~[~th~~:apP1icant or owner or its successors or
assigns, of the necessity of comp.l,yil@.,.)vithany law, omtr.~~..rule or regulation governing said
permitting requirements, conditi9ris,l.te~s o~:estrictions.......<\. '..
./ if '''; ."/>. ..:,""~ .....-------'..--.."J,-,,-.\ '\. \
16. In the event stare or federalT~\Ys-.ar.e enacted after th~ execution of this Agreement,
w?ich are applicable ~o and pteclp,.cte~{WK<;rl~~!"~~~tp6:,y~es'\,compliance wi~ the terms of
this Agreement, then ill such evei)f this f.\gr~etpel1' ~~ali D~i II1odL'fjed, or revoked as IS necessary to
comply with such laws, in a mkn~ \whLclfbeshetl~cli.~e in~Ej1fy-:sJ Agreement.
\", r~' _ \_,_ ':~'_"" \ ,'/ ~~~~ /
17. Except as othe~s\provided herein, ~$s Agr~enient shall only be amended by
mutual written consent of the partIeS- hereto or by their sUC:o~ssQ~/ln interest. All notices and other
communications required or pe~irt~t:l)~e~-e~der shalLbe,"i~>;~'ting and shall be sent by Certified
Mail, return receipt requested, or by:,alI)at\()IiWIY{:re~qgmzed overnight delivery service, and
addressed to the parties at the addresses.~set~for-tit-in.~:Sclledule I to this Agreement, or such other
address of which a party hereto shall give notice. Notice shall be deemed to have been given on the
next successive business day to the date of the courier, if sent by nationally recognized overnight
delivery service, or if delivered by Certified Mail, upon actual receipt.
18. Each Developer shall execute this Agreement prior to it being submitted for approval
by the Board of County Commissioners. This Agreement shall be recorded by the County in the
Official Records of Collier County, Florida, within fourteen (14) days after the Effective Date.
Developers shall pay all costs of recording this Agreement. The County shall provide a copy of the
recorded document to the Developers upon request.
19. In the event of any dispute under this Agreement, the parties shall attempt to resolve
such dispute first by means of the County's then-current Alternative Dispute Resolution Procedure,
if any. Following the conclusion of such procedure, if any, either party may file an action for
injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, and
remedy being cumulative with any and all other remedies available to the parties for the enforcement
of the Agreement.
- 5 -
A~Qc;ja Item N~ 1~' 2
OR: 4me~~r 1Y1B . :i9
'page f.2 32
20. This Agreement constitutes theeptire a~reement between the County and the parties
with respect to the activities noted herein, and supersedes and takes the place of any and all previous
agreements entered into between the parties hereto relating to the transactions contemplated herein.
All prior representations, undertakings, and agreements by or between the parties hereto with respect
to the subject matter of this Agreement are merged into, and expressed in, this Agreement, and any
and all prior representations, undertakings, and agreements by and between suoh parties with respect
thereto hereby are canceled.
21. The individuals signing this Agreement on behalf of each party represents and
warrants that he or she has the full power and authority to execute this Agreement for the party upon
whose behalf he or she is executing same and that upon such execution, such party shall be fully
bound by each and every provision of this Agreement.
22. Nothing contained herein shall be deemed or construed to create between or among
any of the parties any joint venture or partnership nor otherwise grant to one another the right,
authority or power to bind any other party hereto to any agreement whatsoever.
Attest: ,
DWIGHT E. BROCK, CI~rk
,..'" . C J~\"".. "
..~,...",.:, ~"""" .'.~. ::....',
"~ 1, ~ ';~1. ",
23. This Agreement may be executed in separate counterparts, each of which when so
~xecuted shall be an original, but all.~S.:v.. ..hiJ.= 'ctr7qgeth~~. shall constitute but one and the same
Instrument .../ \. "~I \.J{ ,.l) r l>o,'''o""
. .r'" " . .t>-- __"_ ,_/.''f:. '"
" '\ , .o,' ,..-' ~,,_ o"o" //" ".
/" _.,~ ';y/ "".~..-~' ............... 't' . .... _ -......
i.\....)/ ""o, t'
IN WITNESS WHEREOp( ih)f1larties hereto have c~ll.j'~ed\~is Agreement to be executed by
their appropriate officials, as ofJhe dat~!ifsra"lxuL~~~en. \ \
" l J.ir"--':-~"IY. t.J \ \. \
If,,:; _", \ \"\
,,' l/~' \
ri !/r?'\1 {/'7t'\ C1'''D ')\ \ 17\ \
,Ill '11)~'~./~lYi I
\r; \\~;?\~/Bj) .': ~O~TY COMMISSIONERS
\ r"" \ COL ~ ER (ro~~r, FLORIDA
\ ~'\ .1/.k ! .....) ;
\'... ""'''fS'' i','
\"").J\ "'\/" i ,,I
\ { ....1::..;.-'" l_-y
'"
.', '~"''''''
By:
REMAINING SIGNATURE PAGES TO FOLLOW
- 6 -
OR: f~fM4a ~cG1 ~'J25iagc2
h!ovelT1ber 10, 2009
Page 13 of 32
SIGNATURE PAGE TO
AMENDED DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM III
KITE EAGLE CREEK II, LLC, an Indiana
limited r it" company
~7J1,~ By
Signature I:t.,
~ "T1/,Name:
0d M. ~aetl~ h
~'nted Name~ tlbTitle:
'5 of Kite Realty Group Trust, the e General
__ ~_____~_ Partner of Kite Realty Group, LP., the
ignatute Managing Member of KITE EAGLE CREEK
kD b~rt G. ~~ {[~4 .;._::.~4LL~..
-Pri~ted Name d:, ~" .--:.~_. Date-d:--' -',;{- 7 - 2..00 ~
'h j ',..'
WITNESSES:
, //t ?.-;}Ju..~ ( . WCh~l..;(' ~\
.
,-;) II
tn ~l'c~ (CC
',............ ."'
',',.. ,",
", },_.,-,
" -'"
,/ ...---",""--~---"
/ ~.._,..~... '\ ':. \.
: ) (/7~-:;:~J (------....,\ ~r~)-)\ ~.~ \:. ./~~..,- \
, ) s's. " i "c-., i
; ,...., \ \ . \.. /') \" ./ 1 tt~ '-J j !;.,_. i
\ f \ ".' './ f" J/ _~ ,l,_ _ _ . .
\. :1;' \ ",",,--...-,,""- ......---....' ~~-~~...~' ->"_:",, i" ,.
- \ , !
, ... ",' :-.,~,\ :', .. ,j .. / ~"""" /
-r1.. . Before, a Notary P.tib't~~~~in and. ~o: lsaicf~R~n....~~Gl~tI State, personally appeared
J l\O~ f... Jtl!~ , th~ X~ 1- CJYQ '-/ of Kite Realty Group
Trust, the General Partner of Kite:~~a1ty',Grp.1lJ1__LP;:':Jhe,'M~maging Member of KITE EAGLE
CREEK II, LLC, an Indiana limited'liab\l{tYE~o@Rafty;:~ho acknowledged the execution of the
foregoing instrument as such officer for and-onoen-aTf- of said limited liability company.
Witness my hand and Notarial Seal this -f". of 4(t ( , 2009.
STATE OF -r;rJ
~ .
COUNTY OF ~
,~...;:;....-.::~-:_,~
-."-.'''''.. ,,-.
FeliCIA JACKSON
Notary Public. State of Indiana
Marlon County
Commiuiol'\ . 690515
loIty Cgrf1tnis5lon El<pires
June 17. 2016 .0
fdl~
(si ature)
o.U~S-dY'
(printed name)
Notary Public
My Commission Expires:
~ n.J.D lit;
County of Residence:
MatUM
,
-- 7 --
OR: A~~t-4 IRGi:Nc25a~
November 10, 2009
Page 14 of 32
SIGNATURE pAGE TO
AMENDED DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTiVM III
By: <:::.2--.
Y-famev1lk}'~;' t i/idlW-d~
. Title: '~. 51((,< l ,I ( [.0
of Kite Realty Group Trust, the General
Partner of Kite Realty Group, L.P., the
Managing Member of KRG EAGLE CREEK
,~o II fJ~, ~~~~~{ 1- !) {)cfi
..d//,',:.< ~~...'),,'.~..;/'~'.~' . .....,.. ~':..~,.; ~ f '~ \ .
. 'J . . "\ ,~~~-......' \\
,// <V,""./r./ _~___ '\ \
\ \ \
1\ } / //,.-:-~:\/'~=-~\ ~\ \
STATE OF _:0V _ ! ) I( r;J( (\\ T'I..) )\, \)!\ \
I j $5:!\ t ' ,J i (.r- \1 i J I
IL'./l v-./\ I.", \, /;:1\ \ ) " I at < i f I
COUNTY OF N\.{)J l.() J l \ '\) \ '>.',-.::::::>'-":::::'/ ~ d','" l ....!
- \,.J..<.\ ,~ 'I lo..,i
,\.\. . \ U /"'"-.., /
\ ,.,-:'j \ ;\ikl / ...~,:;
~-"'F~ef~re, a Notary P~~1~.C\~ said~o.yri~r'~'9a State, personally appeared
~ ~ ~ ' tfif. -:f- g:o.~.> of Kite Realty Group
Trust, the General Partner of Kite,'~artf:~Q],!p-,..L..~'{ry~;"Managing Member of KRG EAGLE
CREEK IV, LLC, an Indiana limited haQgilyj;~p:ip~'y";,'Who acknowledged the execution of the
foregoing instrument as such officer for anaorroeillilf of said limited liability company.
Witness my hand and Notarial Seal this ~ day of j,v I ,2009.
WITNESSES:
~#~
SIgnature
J J M _ F'oe./(L t..
Printed Name
FELICIA JACKSON
NOla,,. Public, Stata of Indiana
M~rlon County
Cc ,'''''\lS $10" /I 690615
My l.;omr~'''lon Eapir81
J\J~e 17, 2016
My Commission Expires:
~ nj~t0
KRG EA E CREEK IV, LLC, an Indiana
. biltty company
ignature)
~6Yl
(printed name)
Notary Public
County of Residence:
~
- 8 -
OR :A~~~;~~'~?2 ~~~
r"a!,je I:J UI ~)L
SIGNATURE FAGE TO
AMENDED iJEVELOPE;R CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM III
94/Jt~
Signature ~
V. l. t'1. ;roe /r c.A
R d Name
KRG 951 & 41, LLC, an Indiana limited
....-.,
i1ab~any
By:
~~ r .
\7Name:#/~.s:' ~ .11Lch~'..u:<'A--
~~itle: ~+!~1ikj ~ ClZ(;
of Kite Realty Group Trust, the General
Partner of Kite Realty Group, L.P., the
J\1.an~ging Member of KRG 951 & 41,
tI_,. ~ <;~:~.~L:E(~5D~';
(f. j00(t6/-"""~'\;/':.i/'.' , ..1. ~ OJ
" , .. d ..., ~'" b
.. ....' / Date . ".'.. .
..'" \".,."....,,/',.. .. ... "", ,<e' '_
WITNESSES:
--~-'~._""-,~""-(,
STATEOF 1N '11 " /0
\ f 2:SS....'~':;::':/
COUNTY OF !\(UUf\ \,'~..:,\.
.. .
. . .
~0-::--"" ~r'~ ~',
1'>..\: '; \\~ \ Or'" \
1 ~:. ~_ ,-" t ~ ~, )
,.,_L.._tj._:.., f
=__ '_'W c:~~
, '<:' ~'
~.r-
- " ~
",,;-,r~
~;. ,~,~ I
." /,. '. ',- ") .: ./, ,/
......f1.cVll ,.~efore, a Notary PUblj~,.-rk.'.'.'..\ ",~nd. . .for said.. C?~R~y~>ind Stat~, personally appeared
~ t:.. J'l~ , the ~ -r:-.~f?'",/ KIte Realty Group Trust,
the General Partner of Kite Realty GrouP~}lJfS, ~l1f'Nf~pag1ng Member of KRG 951 & 41, LLC,
an Indiana limited liability company, ~1ioacKiiowledged the execution of the foregoing
instrument as such officer for and on behalf of said limited liability company.
Witness my hand and Notarial Se~l this day of f4(vl
"....._,
FELICIA JACKSON
Notary Pubiic, Stat. at Indiana
Merlon County
Ce"""\'Ilss,on II 690616
My C :)rnrl'iss.ol'l Ekplt&ll
Nne 17, 2016
,2009.
~icitJ;;~6r1
(printed name)
Notary Public
My Commission Expires:
~ il. ;u>lfo
County of Residence:
);to ( ~OfI
- 9 -
OR~g~~;Jk~~~o'~~2
NJv1,n,otJr'1'O. ~~
Page 16 of 32
SIGNATURE PAGE TO
A.'\1ENDED DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM
WITNESSES:
ABC LIQUORS, INC., a Florida corporation
B~~:'-
~~
Si ture
......51!4;,. L. 40 r"/OrJ
Printed Name
Name: C4-lA12\.W' r. ""BA','"",.. -n:c
~i-~
Signature
Title: r-:pre 5 i.:J (;" 1-/) - L eo
~~~
Dated:
---...
/,,<',';l'l '~[" :~"'"
.,/" \ i."t "'". \.... ".J (, /'~; """"
// \ J\>,':;.,..------::'.-V .,>,
M'~H""F.L L N",,\sc..~/,0 .::/ ,"",/"p >'"
Printed Name / "-,/// .'.:::- \
I ./" '" ~
/ / c---'--"', '\ '\
/. ". ------!-. \ \
l l':l._',,,~ ......". \ \ "',
i / ,\_r'\ \ \.
I I~(()) l1)\ V'l 1
\ (1) \ ,~~;/ \...s/ J-1 d~ / "'.,~ j
\ ..rss' ''3! 'I I~' "
\\J \. tJ/, 1 '~"'l/l
\f(\ \ .J[k ./ I ....~'.
\l'?,:; ~\ --:~.(?:r'" / / (1 /
\ I ''\. \. ''<.. I 1..- """.'. '
\,,4.~ ."... ,,/ l./ ,/
Before, a Notary Pubh~, ~~~~0or s_~~~-_J,:O;.~5y)land State, personally appeared
CUAItUtJ E"8~,I~s. ~ , the ":fJt:(s..,/~if:;t.....,'~.li?~/ of ABC LIQUORS, INC., a
Florida corporation, who ack.now]edgea~exe.~U116n."ofthe foregoing instrument as such officer
for and on behalf of said limited liability company.
STATE OF RoaloA
COUNTY OF blUM~~
~a\. tdrr NIle StIMI of Florida
· Ph)III F~
Mr ConIlIiWu.1 D0559845
\;0;-..,) ~llMl212O'o
Witness my hand and Notarial Seal this f.. day of ~;I
,.=
~ ~~ (signature)
ti:1/h H:7r,;J;;.L
rinted name)
Notary Public
,2009.
My Commission Expires:
County of Residence:
0(7 jr:;f. / '2: I> 10
I I
05[(;0(,4, AOL'O-.+
- 10-
OR: 44(~7-~~~5i3d, 1~~~
Page 17 of 32
SIGNATURE PAGE TO
AMENDED DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM ill
WITNESSES:
REALTYNET REAL ESTATE, LLC, a
Florida limited liability company
Si e
~iVV) J:c".-L~")~
Printed Name '-.
Name:
f\~. ~ <,~\-au1
Signature
~~
Printed N~
Title: 0vJ f\~
Dated: t.j / rr/ ~ ~
~'.
.--,/: -,,<\-_.~ \>-'//~'-
",.,.-" ..'
.' !.,- -;~
,-,....---.'''"-...
....._-'-----."...~_. '->-'-,
COUNTY OF
~.~~ ,
//"(:::<I //'~i~~:"'\ ~r"-'T)"\ ~!7\
I I : ; ~ ,r-_~:.,___/ c
:__ " p\. ~ , _n.. ,; i
\~).'SS'<::~~) ,. J~:~, c::\~s! :--
'.)<' .
STATE OF
Before, a NotaI)' Publr~'-~'>~d for said c9~iltY'''>and State, personally appeared
>'", '-oJ' i.... -'........ .. -"~. ,,' "'. '" "
, the ", I,'>>,_,____,--/\ \\/' of REALTYNET REAL
ESTATE, LLC, a Florida limited liaoi:lity_~H:impab~<'wh6 acknowledged the execution of the
foregoing instrument as such officer for and 'onbeliiif of said limited liability company.
Witness my hand and Notarial Seal this _ day of
,2009.
(signature)
~ ~;~
/t~
(printed name)
Notary Public
My Commission Expires:
County of Residence:
- 11 -
~
('V')
Lr)
C'..J
~
CL.o
~
oo:::f1
ooo::t4
ooo::t4_
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Agenda Item No. 1682
November 10, 2009
Page 18 of 32
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~..c<:'~~...e<'~..G(-..w,c('~,c('...e<'...e<',c('.G<'...e<'.,C('~~...e<'~.('i('.c<:'~~.('i('.c<:'.c<:'..c<'..e<'..c<'..c<'..c<'..(X'..c<'..c<'..c<'.c<'.c<:',c('.,(X
}
State of California
County of ~,fp. ~k./Y.J-
onUp~Jr-"ho!l ~ore me, fr; ttvy L- (?t~.h.f ..~;.'I (lJ, ! c
personally appeared l-oV,/ 'S (V1 v.. i Ie....
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person~ whose name(~) islaFe subscribed to the
within instrument and acknowledged to me that
he/s.hoftt:!QY executed the same in hislherAAcif authorized
MARY l. ORTEGA capacity(ies}, and that by hi~ir signature~ on the
I'~' Commission # 1708730 instrument the person(~ or the entity upon behalf of
;( : -. --*' ~I Notary Public - California ~/'-'_~9IcpltlJ~-p~rson~ acted, executed the instrument.
~ ~~ Santa Barbara County -../', "\.\.-:' t,::_I.._.l) t ) :'"
t :..~..~ ~ ~"~~'~e:c:e:l:.:0;~~~~:>';:::-~ertifY'u'ntiet~~LTY OF PERJUR~ under the laws
/ ''''''>/ of the State of G,~'nfot~la that the foregoing paragraph IS
/ ./ , --.true and correct. \ \
I <,. ---._ r-\ \,
( / ,.""'.....'"'.o::~ \) \ \
I! ~. ,.r-..... l \
/ / ~ ....-, IT~&SS, .' ~nd Qfficia~ se
I {( (~\J (n ) I 1P' \ vI: \ \
i 1\ \ II \ t. $ignah.tf" I
Place Notary Seal Above \ (""-". \" \.....::> " V j J. 1",
\ " ". \.- ""----~ -,
\ I.-I. OPTIONAL ' t( i .I, J
Though the information below is n6t.1i9~i(ed by law, it may prove ,~ Ido p'r$7:!n~/relying on the document
and could prevent traudule)'if1'em. pval and reattachment 0 fejr.rTJ.'tcJ..af\dther document.
\<f-'" " ~., ,/ \...: /
Description of Attached ocumet\t...,..o '.'>-.,., _/--;/~"",..//,
Title or Type of Document: -e. I () 'r.:...,er-L-'~ .'ts; . -~~W
,.~ ""
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
;:] Corporate Officer - Title(s):
o Partner - :J Limited [J General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Signer's Name:
o Individual
o Corporate Officer. Title(s):
o Partner - LJ L' ited 0 General
o Attorney in F ct
o Trustee
o Guardia
Cather:
RIGHTTHur.1SPRINT
OF SIGNER
Top at thumb here
~ -- -
02007 National Nolary Assoaatlon. 9350 De Sola Ave.. Po. Box 2402 . Chatsworth. 91313-2402. www.NabonaINotary.org Item ~5007 Reorder: Call Toll.Free 1.aoo.S71X;827
-ltv\-
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J~genda :tenl r"~o. 16B
r\!ovember 10. 200
Page 19 of 3
SIGNATURE PAGE TO
AMENDED DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM III
WITNESSES:
HABITAT FOR HUMANITY OF COLLIER
COUNTY, INC., a IJo/ida Non-Profit
~;~
Name: Samuel J. Durso, MD.
;%/~~~
Ignature
!UJCk KOtlhJ,-oYdS
Printed Name
Title: President
~o ~ ~~(:v..l 0 /:l
Signature '"
_~ate_~~$<1
"''''-~'-'-~,,-;-1:; fr.-.... ---.
l.....- I,.
~ ~ 6e. D Ii m' I A ,J A t.< ~ ..:') . ,
Printed Name' ,.
'h- .__.
o(,...-........':,"~".
'-->._------.....~ ;-:,
, ...', ':, ,
f i "'-- -., :, ,
} i i"--;:::".r, ,'_..:::~"', ~,,~? ::-";:>\
STATE OF L i),! /. /' '\! /' l' \\ I "....; \ ".. \ /, \
: :i . \ "( , j ) i~L-.) ~, \/j
i },S,S. " ../' \. ) i / ,L~, .,!,
COUNTY OF Co I \ l'e r\')..;;. \"'~'::::/ '<:::./ -'::~';'\c '~'~-:::,;
\, .:....,:\ JL;;, ! /:::;'/
Before, a Notary Publil:(in,,'and for said County\~and state/personally appeared Samuel J.
Durso, MD., the Pr~sident of ~l:t~t,FOR HUMANI~.~~ er>LLIER C~U~, INC., a Florida
Non-Profit CorporatiOn, who ackhQwledged.J:he...executlon.of the foregomg mstrument as such
officer for and on behalf of said limitciHla~~!~t~~o~___ky:/
Witness my hand and Notarial Seal this ~ day of
~~,,,"U"',,, .' //;0''") ~~
~....,\, po. LOA 11'",,\ ././ ./
~o~V.o 001:.... 0.-"1,)- ",,- . .
:::-':s: ..ot-\ "11)1. "^ ~
~~. .-~...
::: : .. ,~. ~
- . Afy Comm /:w. · ""':
=. '~it . -
:: : Aullu't 29, 201;' : 0 !
-=- . No. OD 51lO33s · ::
~(n..... ..G I
-;.-...... · ,0,_ c.... ~
'-' .., >.... '"'Gl \ .0....., ~
'" ~-~- ...... ~....,~,
'"'''' OF FLO~,...,'"
1IIIIIlllnl\"
, 2009.
!l/ Q ?:~a
;;.,: c ~" /7/l;/u
(printed nan1e)
Notary Public
My Commission Expires:
County of Residence:
CI/"
o 8 <2 9 ?cJ (0
- 12 -
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~
~
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~
-
Agenda Item No 1682
November 10,2009
Page 20 of 32
SCHEDULE I
Notice Addresses
Kite Eagle Creek II, LLC
clo Kite Realty Group
Attn: Eric Strickland
30 South Meridian, Suite 1100
Indianapolis, IN 46204
With a Copy to: Kite Realty Group
Attn: Robert G. Solloway, Esq.
30 South Meridian, Suite 1100
Indianapolis, IN 46204
KRG 951 & 41, LLC
c/o Kite Realty Group
Attn: Eric Strickland
30 South Meridian, Suite 1100
. Indianapolis, IN 46204
With a Copy to: Kite Realty Group
Attn: Robert G. Solloway, Esq.
30 South Meridian, Suite 1100
Indianapolis, IN 46204
,------."--~
KRG Eagle Creek IV, LLC .//;--~\.ejWJtQ.(~."pr'.t~: Kite Realty Group
c/o Kite Realty Group ,/<,\;,;:.,.~.-'"----~tbji"~h~rt G. Solloway, Esq.
Attn: Eric Strickland/ C):;:>' 30 S6litH'-M~ridian, Suite 1100
30 South Meridian, Suite 11091 ,/ C;--~,---- If1.4ianap~lis>\N 46204
Indianapolis IN 46204 / / ,,!oJ;..-""~ ,-_, ~,,\ \'
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ABC Liquors, Inc. : \\ \ '\ ~l i (r---- \\ ; j, )
Attn: Tom Hartmann \ ,....... '\~.._~.~ J./ l.j:l ) I 1:-., i
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P.O. Box 593688 \....... \ '''1; i J '"-",
O I d FL 32859 \';"0\ 'tt I I!~:) /
ran 0, \&\~ ~i,r,~~,//~^(~?,/
Habitat for Humanity of Collier &c;>@.J};)J,p.c. /~:'}.~/
Attn: Samuel J. Durso '''<.' ..t.'r:~-:-. (;:;:.:r;l"\...~~>/
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1145 Tamiami Trail East"-"_-,~,~~~/
Naples, FL 34113
RealtyNet Real Estate, LLC
Attn: Cory Maile
1083 North Collier Blvd., #334
Marco Island, FL 34145
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November r l' f 32
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E:xhibit "B"
Agenda Item No, 1682
November 10, 2009
Page 22 of 32
Legal DescriDtion for KRG'9~1 &41lL~:':'t',!"
A PARCEL OF LAND LOCATED IN SEmON 3, TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLUER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF TRACT 110.5.-3" OF TRAIL RlDGE,
ACCORDING TO ll-IE PLAT THEREOF AS RECORDED IN PLAT BOOK 44 AT
PAGES 71 THROUGH 77 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE RUN NORTH 89055'57" WESf, ALONG THE NORTH UNE OF
SAID TRACT "0.5.-3", FOR A DISfANCE OF 867.07 FEET TO THE NORlliWEST
CORNER OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 3620 AT PAGES
2872 THROUGH 2876 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA: THENCE RUN SOUTH 04009'46" WEST, ALONG THE WEST LINE OF .
SAID LANDS FOR A DISTANCE OF 163.91 FEET; THENCE RUN SOlITH 02028'03"
WEST, ALONG SAID LANDS FOR A DISTANCE OF 36.59 FEET TO THE
NORTHERL YMOSlWESTERL Y cgB.l'!~-~}f;-:~CT "C" OF SAID TRAIL RIDGE;
THENCE RUN SOUTH 02039,~'\W~.J:A,~tJ5i',;~E WESTERLY LINE OF SAID
TRACT "C", FOR A DISTAf)J~~F~100.09 FEET;":FAENCE RUN NORTH 90000'00"
WEST, ALONG THE NOR;rHERlY LINE OF SAID TRA,d'~:c", FOR A DISTANCE OF
100.09 FEET TO A POI~ ,PNitlli(EA51--PJ~-OF~VVAX LINE OF STATE ROAD
#951 (RIGHT-OF-WA'r7 V~~ES). llt~~~.JJ:t.N9~ 0~030'29" EAST, ALONG
SAID EAST RIGHT-OFf -~iAY(D~'E,(Rp~; (\1JI$t~~~E pF \140.20 FEET; THENCE
RUN NORTH 04012'01'~M~~~\~f'J~ /SAIqr'~ Bl9fiJtOF-WAY LINE, FOR A
DISfANCE OF 640.85\\;;~ET~THE'fJCE~ SopiljEa~042'14" EAST FOR A
DISTANCE OF 264.66\''5E.1;T; THENCE RU~~NORrr4~.5042'49" WEST FOR A
DISTANCE OF 320.41 \(~. THENCE RUN'~O~try~>3503914411 EAST FOR A
DISTANCE OF 200.00 FEEl: ~~,~ POINT O~-,Jt1P,$'e>UTHERLY RIGHT-OF-WAY
UNE OF STATE ROAD No. 9Q{(T~~r:-=m4~I:::~e"O.00 FOOT RIGHT-OF-WAY);
THENCE RUN SOUTH 54020'1611 ~tdNG:SAID SOUTHERLY RIGHT-OF-WAY
UNE, FOR A DISTANCE OF 1,927.32 FEET; THENCE RUN SOLITH 35039'44"
WEST FOR A DISTANCE OF 400,00 FEET TO A POINT ON THE NORTHERLY UNE
OF TRAIL RIDGE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 44 AT PAGES 71 THROUGH 77 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA; THENCE RUN NORTH 54020'16" WEST, ALONG THE
NORTHERLY LINE OF SAID TRAIL RIDGE, FOR A DISTANCE OF 855.70 FEET TO
THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED,
CONTAINING 24.575 ACRES, MORE OR LESS
Legal Description for Kite EaGle Creek II llC
A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, IN PART BEING LOTS 3 AND 4 OF CAPRI
COMMERCIAL CENTER AS RECORDED IN PLAT BOOK 31, PAGES 52 AND 53 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND IN PART BEING
PORTIONS OF TRACTS M-1 AND M-2 OF CRYSTAL LAKE TERRACES AT EAGLE
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Exhibit "B"
P,genda ;tern ~\Jo. 1682
~Jovember 10, 2009
Page 23 of 32
CREEK AS RECORDED IN PL4.T BOOK 16, PAGES 30 AND 31 OF THE PUBUC
RECORDS OF COLUER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE ON THE SOUTHWESTERLY RIGHT-OF-WAY UNE OF U.s. HIGHWAY
NO. 41 AT THE NORTHWESTERLY CORNER OF "CAPRI COMMERCIAL CENTER"
AS RECORDED IN PLAT BOOK 31, PAGES 52 AND 53 AND TI-iE
NORTHWESTERLY CORNER OF "LOT 2 CAPRI COMMERCIAL CENTER REPLATr
AS RECORDED IN PLAT BOOK 35, PAGE 85 OF TI-iE PUBUC RECORDS OF
COWER COUNTY, FLORIDA FOR A POINT OF BEGINNING. FROM SAID POINT
RUN SOUTH 35039'28" WEST ALONG THE WESTERLY UNE OF SAID "CAPRI
COMMERCIAL CENTER" AND "LOT 2 CAPRI COMMERCIAL CENTER REPLAT', A
DISTANCE OF 272.94 FEET TO THE SOUTHWESTERLY CORNER OF SAID "LOT 2
CAPRI COMMERCIAL CENTER REPLAT"; THENCE RUN SOUTH 54020'32" EAST
ALONG THE SOUTHERLY LlNE OF SAID "LOT 2 CAPRI COMMERCIAL CENTER
REPLAT', A DISTANCE OF 171.00 FEET TO THE SOUTHEASTERLY CORNER OF
SAID "LOT 2 CAPRI COMMERCIA~::-q:~--,REPLAT'; THENCE RUN NORTH
35039'28" EAST ALONG THE'\ EAstE.ky) {UNE, OF SAID "LOT 2 CAPRI
1,. f-' . '" "
COMMERCIAL CENTER RER1:Yrr'; A DIsTANCEt::OF 23.00 FEET TO AN
INTERSECDON WITH THE:>$OJlIHERL Y UNE OF LOT 1 OF SAID "CAPRI
COMMERCIAL CENTER~'; THENG~"RlJN--SOlJl\H 54020'32" EAST ALONG SAID
SOUTHERLY LlNE, A DISliANG~'19f.~~6:J;>:S:.f-EE+ lQ;THE. SOUll-iEAST CORNER
OF SAID LOT 1; THE~CEi:FZUN 'NORTH\35Q:39.'2$,"\EAs;r ALONG THE EAST UNE
OF SAID LOT 1, A DIStANCE OF.165.15 iFEEr; THENCE-RUN NORTH 31038'24"
EAST ALONG SAID \EAST-.'tlNE:--:'--A' ~DISrANCE~ of;; "43.40 FEET TO AN
INTERSECDON WITH mE'WEST UNE OF Lcn:~5 OF/S~I6 "CAPRI COMMERCIAL
\ ...<"" J \ :~... h..' :' c" ',_ ","
CENTER'" THENCE RUN\S0tJTH 04013'24" weST>AtoNG SAID WEST LlNE A
f \, ,:' "'''_ ...-' ," .........,.....- I
DISTANCE OF 300.05 FEET, TG):'-:A.N INTERSEOlON WITH THE SOUTH UNE OF
"'" __,,' /-.' "-.-""'- .....,..~...., ....~, ,/
SAID "CAPRI COMMERCIALCEN7rER;"'-~1liENCT;/RUN SOUTH 87029'51" EAST
'~c' ,i. ,).. ",,,,"..
ALONG SAID SOlIfH LINE, A DISTANC~,GF'U.19 FEET TO AN INTERSECTION
WITH THE WESTERLY RIGHT-OF-WAY LlNE OF STATE ROAD NO. 9511 COLllER
BOULEVARD, AS DESCRIBED IN THE ORDER OF TAKING AS RECORDED IN
OFFICIAL RECORDS BOOK 2630, PAGE 2773 OF -mE PUBUC RECORDS OF
COLUER COUNTY, FLORIDA; THENCE RUN SOUTH 04010'08" WEST ALONG
SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 136.65 TO THE NORTH
llNE OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 2699, PAGE
792; THENCE RUN NORTH 85002'5511 WEST ALONG SAID NORTH UNE, A
DISTANCE OF 226.52 FEET TO AN INTERSECTION WITH THE BOUNDARY LlNE
OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE
260 OF SAID PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN
SOUTH 04057'05" WEST ALONG SAID BOUNDARY UNE AND THE WEST LlNE OF
SAID PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 2699, PAGE 792, A DISTANCE OF 78.24 FEET; THENCE RUN SOlIfH 35039'28" WEST ALONG SAID
BOUNDARY LlNE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS
BOOK 3344, PAGE 260 AND SAID WEST UNE OF THE PROPERTY DESCRIBED IN
OFFICIAL RECORDS BOOK 2699, PAGE 792, A DISTANCE OF 33.43 FEET;
THENCE RUN SOlffH 54020'32" EAST ALONG SAID BOUNDARY UNE OF THE
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Exhibit "B"
Agenda Item i'~o. 1682
r'~ovember 10,2009
Page 24 of 32
PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND
THE SOUTHWESTERLY LINE OF SAID PROPERTY DESCRIBED IN OFFICIAL
RECORDS BOOK 2699, PAGE 792, A DISTANCE OF 175.20 FEET TO THE POINT
OF CURVATURE OF A CURVE OF SAID BOUNDARY LINE OF THE PROPERTY AS
DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND SAID
SOUTHWESTERLY LINE OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS
BOOK 2699, PAGE 792, SAID CURVE BEING CONCAVE NORTHEASTERLY AND
HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 33010'23" AND A
CHORD BEARING AND DISTANCE OF SOUTH 70055'44" EAST, 28.55 FEET,
RESPEcrIVELY; THENCE RUN EASTERLY ALONG SAID CURVE, AN ARC
DISTANCE OF 28.95 FEET TO THE POINT OF TANGENCY OF SAID CURVE;
THENCE RUN SOUTH 87030'55" EAST ALONG SAID BOUNDARY LINE OF THE
PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND
THE SOUTHERLY LINE OF SAID PROPERTY DESCRIBED IN OFFICIAL RECORDS
BOOK 2699, PAGE 792, AND ALONG THE SOUTH LINE OF THE PROPERTY
DESCRIBED BY THE ORDER OF TAKING RECORDED IN OFFICIAL RECORDS
BOOK 2605, PAGE 3232 OF S~Jl?-:t;t:fi?I;I~'-8,ECORDS OF COLLIER COUNTY,
FLORIDA, A DISTANCE OF ,~~6J/'~fa~2~W~":~OINT OF CURVATURE OF A
CURVE OF SAID BOUNg.ARY1.,A:INE OF THE'~~R~F,ERTY AS DESCRIBED IN
OFFICIAL RECORDS BOpK~~41L~GE 260 AND<~AI~ PROPERTY DESCRIBED
BY THE ORDER OF TA~NGI AS..R~S:ORBffi-IN\ OFFIG;IA~RECORDS BOOK 2605,
PAGE 3232, SAID CUR;VE e~ C;:ONcA~~~Y ~ND HAVING A RADIUS
OF 50.00 FEET, A CE~'L ~Nq((qF\1~i5~~~" ~q A ~HORD BEARING AND
DISTANCE OF NOR~ r8~,\~~1\ ~~J 1lf:32 JE~,i i~PECTIVEL Y; THENCE
RUN EASTERLY ALON~(5AIITCURVE;-AN~ DI~A~~/OF 11.34 FEET TO AN
INTERSECTION WITH ~~lD\ WESTERLY RIG~c>,F-)vkY/ LINE OF STATE ROAD
951, COWER BOULEVAR,Of:.J~{fE. NCE RUN SO~/~t)~:?'05" WEST ALONG SAID
WESTERLY RIGHT-OF-WAY::Jl~f"AND SAID BQUNBAAY LINE OF THE PROPERTY
AS DESCRIBED IN OFFICIAL>RtG3~-B~J{j@~'; PAGE 260, A DISTANCE OF
75.88 FEET TO A POINT ON'A.:'~GtiR~.e.BEiN'G CONCAVE SOUTHERLY AND
HAVING A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 22008'22" AND A
CHORD BEARING AND DISTANCE OF NORTH 65010'10" WEST, 38.40 FEET,
RESPECTTVEL Y; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE RUN
WESTERLY ALONG SAID CURVE AND SAID BOUNDARY LINE OF THE PROPERTY
AS DESCRIBED IN OFFICIAL RECOB,DS BOOK 3344, PAGE 260, AN ARC
DISTANCE OF 38.64 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE
BEING CONCAVE NORTHERLY AND HAVING A RADIUS OF 62.00 FEET, A
CENTRAL ANGLE OF 21053'50" AND A CHORD BEARING AND DISTANCE OF
NORTH 65017'26" WEST, 23.55 FEET, RESPECITVELY; THENCE RUN WESTERLY
ALONG SAID CURVE AND SAID BOUNDARY LINE OF THE PROPERTY AS
DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260, AN ARC DISTANCE
OF 23.70 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN
NORTH 54020'32" WEST ALONG SAID BOUNDARY LINE OF THE PROPERTY AS
DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260, A DISTANCE OF
236.49 FEET; THENCE RUN SOUTH 02029'0611 WEST ALONG SAID BOUNDARY
LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344,
PAGE 260, A DISTANCE OF 174.68 FEET TO THE NORTHEASTERLY CORNER OF
Exhibit "B"
,-;genda Item r~o. 1682
November 10, 2009
Page 25 of 32
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"CRYSTAL LAKE TERR.'\CES AT EAGLE CREEK REPLAT" AS RECORDED IN PLAT
BOOK 28, PAGES 72 THROUGH 74 OF SAID PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA; THENCE RUN NORll-l 54020'32" WEST ALONG SAID
BOUNDARY LINE OF ll-lE PROPERlY AS DESCRIBED IN OFFICIAL RECORDS
BOOK 3344, PAGE 260 AND THE NORll-lEASTERL Y LINE OF SAID "CRYSTAL
LAKE TERRACES AT EAGLE CREEK REPLAT", A DISTANCE OF 1052.44 FEET;
ll-lENCE RUN NORll-l 35039'28" EAST, A DISTANCE OF 100.00 FEET; THENCE
RUN NORTH 80000'15" EAST, A DISTANCE or 63.72 FEET; THENCE RUN NORTH
35039'28" EAST, A DISTANCE OF 260.11 FEET; ll-lENCE RUN SOUTIi 54020132"
EAST, A DISTANCE OF 33.46 FEET; ll-lENCE RUN NORTH 35039'28" EAST, A
DISTANCE OF 360.81 FEET; THENCE RUN SOUTH 54015'18" EAST, A DISTANCE
OF 26.69 FEET; ll-lENCE RUN NORTH 35044142" EAST, A DISTANCE OF 34.06
FEET TO AN INTERSECTION WITH SAID SOVTHWESTERLY RIGHT-OF-WAY LINE
OF u.s. HIGHWAY NO. 41; THENCE RUN SOUTH 54020'32" EAST ALONG SAID
SOUTHWESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 374.76 FEET TO THE
SAID POINT OF BEGINNING.
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CONTAINING 646,291 SQUARE\f8EI~':..O.R'::::1~,;a1>ACRES OF LAND, MORE OR
LESS. / \.>~/ ---<-~. ,,/.',
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Legal Description for KRG...Eaal~eek..lV LLC :-:::\\
t i / {'\ ~ / f '\ "\ ~ '1 i \ \;, \ 7/ \ \
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BEING A PART OF THF~N~f.\[I::f~~SIj YJ .b~~SEcTI~N q,... TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLli-ER 'COUNTY; FLURIDA.lTAEi.SHOPS AT EAGLE CREEK
PAD #5 DESCRIPTION)\\'.-~..'~"\'" v,. i ./ -.;,
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ALL THAT PART OF SAIo'\S~~i,1Q~ 3, BEINGJY1of:e"PARTICULARLY DESCRIBED
AS FOLLOWS: COMMENCING:~1,!rnE~:~~MOST CORNER OF THE PLAT
OF ll-lE SHOPS AT EAGLE CREEK~--lJNIt::'()NE;~ ACCORDING TO PLAT BOOK 25,
PAGES 44 ll-lROUGH 45, OF THE PUBUC RECORDS OF COLUER COUNTY,
FLORIDA. THENCE ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF
TAMIAMI TRAIL (U.S. A1) SOUTH 54020'32" EAST 185.50 FEET TO THE POINT
OF BEGINNING; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY LINE SOUTH
54020'32" EAST 193.09 FEET; THENCE LEAVING SAID LINE SOUTH 35039'28"
WEST 123.00 FEET; THENCE NORTH 54020'32" WEST 193.09 FEET; THENCE
NORTH 35039'28" EAST 123.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.55 ACRES MORE OR LESS, BEING 23,749 SQUARE FEET MORE
OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE EASTERLY LINE OF SAID PLAT OF THE SHOPS
AT EAGLE CREEK, UNIT ONE, BEING SOUTH 54020'32" EAST.
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Exhibit "B"
Agenda Item ~~o. 1682
~bvember 10, 2009
Page 26 of 32
Legal DescriDtion for R~altyNet Real Estate llC
PIN number 00726724107
3 51 26 COMM AT NE CNR TR M-l, N87DEG W 248.62FT, N02DEG E 271.35FT,
N02DEG E 35.84FT, S54DEG E 236.49FT, ELY 23.70FT, ALG ARC OF CURVE 2 TT
OF REVERSE CURVE, EL Y 38.64FT, S04DEG W 154.42FT TO POS.
Legal Descriptions for Habitat for Humanity of Collier County
Parcell:
Commencing at the Southeast corner of Section 12, Township 51 South, Range
26 East, Collier County Florida, thence along the East line of said Section 12,
North 00011'20" East 2743.15 feet to the East V4 corner of said Section 12;
thence continue along said EastJin~S~1,Qn)2, North 00027'50" East 894.35
feet; thence North 89056'55>We#t~d':::..~e~)l,.Qr"a Place of Beginning; thence
North 89056'55" West, 4~5;~))eet; thence Nort,~.}tO~34'06" East, 490.97 feet;
thence South 89056'55" Fa~"~4:~1 ~eet; thence ~uth\ 00027'50" West, 490.97
feet to the Place of Be9innJng~:belLtg\ln.=the-Squthwe~ V4\ of the Northeast V4 of
Section 12, Township 51 sou~a~'~. .J2Qc-~. \ JI~\C,. o~nty Florida.
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Commencing at the So~)\st corner of Se~~p Y2lI~~nshiP 51 South, Range
26 East, Collier County, ~ICimda, thence along t~~<,tct1line of said Section 12,
North 00011'20" East, 274.~4~:~:feet to the ~9S~,\Yil;/-corner of said Section 12;
thence continue along said"E'a,s?1Ti'Tg-of:;~~9A'/ 12, on a bearing of North
00027'50" East, 894.35 feet to a 'sel..tack;~fuence run North 89056'55" West for
918.53 feet to a set iron pin with survey cap #LS 4273 which is the Point of
Beginning; thence run North 89056'55" West for 443.98 feet to the West line of
the Southeast 114 of the Northeast 114 of said Section 12 which is marked by a set
iron pin with Survey Cap #LS 4273; thence along said West line run North
00034'06" East for 490.98 feet to the North line of the southeast 114 of the
Northeast 114 of said Section 12 which is marked by a iron pipe with Survey Cap
#LS 4273; thence along said North line run South 89056'55" East, 443.00 feet to
a set iron pin with Survey Cap #LS 4273; thence South 00026'50" West for
490.08 feet to the Point of Beginning; being in the Southeast 114 of the Northeast
114 of Section 12, Township 51 South, Range 26 East Collier County Florida.
AND Parcel 3:
TOGETHER WITH A Non-exclusive access easement for the benefit of Parcel 1
over and across the Southerly thirty (30) feet of the following described
property:
Exhibit "B"
;;genda !tern t\Jo. 1682
t'Jovsmber 10, 2009
Page 27 of 32
Commencing at the Southeast corner of Section 12, Township 51 south Range
26 East, Collier Count.. Florirla~ thence along the East line of said Section 12,
North 00011'20" East, 2743.15 fee to the East '/4 corner of said Section 12;
thence continue along said East line of Section12, North 00027'50" East, 894.35
feet for a Place of Beginning; thence North 89056'55" West, 443.00 feet; thence
North 00034'06" East, 490.97 feet; thence South 89056'55" East, 443.00 feet to
the East line of sais Section 12; thence along said East line of Section 12 South
00027'50" West 490.97 feet to the Place of Beginning; Being in the Southeast
quarter of the Northeast quarter of Section 12, Township 51 South, Range 26
East, Collier County, Florida.
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The West V2 of the East '12 of the East V2 of the Northwest 1f4 of the Northeast
V4 of Section 12, Township 51, South, Range 26 East excepting the North 30 feet
thereof, which is reserved for road purposes, and The East 1f2 of the East V2 of
the East V2 of the Northwest 1f4 9f~~-NQ~t1e~t~ 1f4 of Section 12, Township 51,
South, Range 26 East, exc.e8t~qg:s~~~fifldn\~_,~~t:t~ereof~ which is reserved for
road purposes, of the Publl~~Re~ras of Collier E'Ol:Hity)\~londa.
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Leaal Description for ABC Li'C;;;o'csrrnc. _, \L-" ,--';\ \
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PROPERlY DESCRI~QN(, ti.... PA~GE0 cp~ tANd\) L YrN,G_IN THE NORTH WEST
QUARTER OF SEcrION;.3,'4'awNSfiTP ;:S-f~SOt:Jirf~ i~t;JGE 26 EAST,COLUER
COUNTY FLORIDA, BErt;J~~F10RE PARTICULA~~Y lfESCfJBED AS FOLLOWS.
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COMMENCE AT THE<N(;;RJHEAST COR~{EH"-/6F THE NORTHWEST
QUARTER OF SECTION-<~':'>~'iV;Y~StfJf;;5{~~s6uTH, RANGE 26 EAST,
COLLIER COUNTY FLORIDA~-<rHJ~~~~~RtJN- N 89 DEGREES 23' 53" W,
ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 3, FOR A DISTANCE OF 32427 FEET TO A POINT ON THE
EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 951 (C.R.. 951);
THENCE RUN S 35 DEGREES 40'08" W, ALONG SAID EASTERLY RIGHT OF
WAY LINE, FOR A DISTANCE OF 887.72 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN
S 54 DEGREES 20'16" E FOR A DISTANCE OF 439 .95FEET; THENCE RUN
S35 DEGREES 39'44"W FOR A DISTANCE OF 190,00 FEET; THENCE RUN N
54 DEGREES 20'16" W FOR A DISTANCE OF 15129 FEET THENCE RUN N
02 DEGREES 12'01" E FOR A DISTANCE OF 24.75 FEET; THENCE RUN N 54
DEGREES 33'42" W FOR A DISTANCE OF 201.10 FEET; THENCE RUN N 35
DEGREES 40'36"E FOR A DISTANCE OF 18.22 FEET; THENCE RUN N 54
DEGREES 19'24" W FOR A DISTANCE OF 73.95 FEET TO A POINT ON SAID
EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 951; THENCE RUN N
35 DEGREES 40'08" E, ALONG SAID EASTERLY RIGHT OF WAY FOR A
DISTANCE OF 148.39 FEET TO THE POINT OF BEGINNING OF THE PARCEL
OF LAND DESCRIBED HEREIN.
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enda Item No. 1682
November 10, 2009
Page 28 of 32
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AGenda item 1\)0 1682
~ f'Jov8mber 10. 2009
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EXHIBIT E
A.aenda Item No. 1682
~ November 10, 2009
Page 30 of 32
DEVELOPER CONTRIBUTION AGREEMENT
ROAD IMPACT FEE LEDGER
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Beginning Balancel"
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DATE PERMIT # CREDIT AMT BAlANCE COMMENTS
Beainnina Balance ..
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*Each Developer shall receive Roat~~.!:.p~e Credits ~et:(6l;t~:i~ attached Exhibit "D"
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Aqenda Item No. 1682
~ November 10. 2009
Page 31 of 32
RESOLUT10N NO. 2009-
A RESOLUTION BV THE BOARD OF COL'1--TTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, APPROVING A MEMORANDUM OF
AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, AUTHORIZING THE COUNTY TO INCORPORATE
FDOT'S PLANNED PROJECT TO RESURFACE THE INTERSECTION OF
US-41 AND SR/CR-951 INTO THE COUNTY'S IMPROVEMENT PROJECT
FOR SR/CR-951 AND AGREEING TO ENTER INTO A JOINT PROJECT
AGREEMENT ADDRESSING FDOT'S REIMBURSEMENT TO THE
COUNTY FOR THE ASSUMED COST OF RESURFACING IN FDOT
FISCAL YEAR 2013.
WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to
enter into a Memorandum of Agreement ("MOA") with Collier County, wherein FDOT
authorizes the County to incorporate FDOT's planned project to resurface the intersection of US-
41 and SR/CR-951 (the "Resurfacing Project") into the County's road improvement project for
SR/CR-951; and
WHEREAS, as part of the MOA~ FDOT further agrees to enter into a Joint Project
Agreement with the County to reimburse it for assuming the Resurfacing Project up to a
maximum amount of $7,625,576.00, which sum is programmed into FDOT's Adopted Work
Program under FM# 425209-1 as of July 1,2012; and
WHEREAS, the Collier County Board of County Commissioners finds that it is in the
public interest to enter into the MOA and coordinate these State and County projects in a cost
efficient manner in the best interests of the citizens ofeollier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
1. The Board of County Commissioners approves' the Agreement and authorizes its
chairman, Donna Fiala, to execute the Memorandum of Agreement.
2. A certified copy of this Resolution will be forwarded by the Collier County Clerk to
FDOT along with the executed Memorandum of Agreement.
This Resolution adopted after motion, second and majority vote favoring same this lOth
day of November, 2009.
Agenda Item No. 1682
November 10, 2009
Page 32 of 32
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk,
DONNA FIALA, Chairman
A~f /21= sufficiencf
Scott R. Teach
Deputy County Attorney
2