Agenda 11/18/2008 Item #10B
Agenda Item NO.1 OB
November 18, 2008
Page 1 of 102
EXECUTIVE SUMMARY
Recommendation to approve an amended and restated US41 Developers' Consortium
(Consortium) Developer Contribution Agreement (DCA), recorded in O.R. Book 4303,
Page 2349. (CTS). Due to the size of Exhibit 1 and 2, copies are available at the County
Manager's office.
OBJECTIVE: To obtain the Board of County Commissioners' (BCe) approval to the amended
and restated Consortium DCA, recorded in O.R. Book 4303, Page 2349.
CONSIDERATIONS: The BCC approved the existing DCA on November 13, 2007, which
required the Consortium to design, pcnnit, acquire land, construct and provide construction
inspection for at grade improvements at the intersection of US-4l and SR-CR951 and widen a
portion of US41, approximately 2 miles cast of the intersection. The DCA required that the
Consortium post a bond in the amount of approximately $53,000,000 which representcd the
county's consulting engineer's estimate. The Consortium fell that they could have constructed
the improvement for approximately $35,000,000 and their impact fees were approximately
$28,466,000.
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Due to the economic and real estate downturn, the Consortium was unable to post the bond
within the 270 day period as required in the original DCA. On July 22, 2008, the BCC approved
an extension until October 31, 2008 to post thc bond. The county and the Consortium have
continued to work aggressively to identify funding and improvement options which would
satisfy the traffic demands at this intcrsection and the surrounding area. The Consortium group
and their development locations are identificd in exhibit "A". Their updated corresponding
development impacts and payment schedulc is outlined in exhibit "C".
Throughout this period, the county continued to evaluate various options and also reviewed study
data from the Wilson-Benfield corridor study, Horizon study, ~md US41 PD&E. During the delay
period, staff also reassessed the PD&E and concurred that the "at gradc" improvements needed
to be consistent with the ultimate footprint of this intersection. The county contracted with
Stanley Consultants to evaluate the PD&E and reconsider the findings to take into consideration
a hybrid at grade improvement at the intcrsection ofUS41 and SR-CR951 that would also be the
footprint for the ultimate grade separated improvement (See exhibits I "at grade" and 2 "grade
separated"). The estimated cost for the "at grade" improvement, which includes right of way and
contingencies, is approximately $18,700,000. The ultimate "grade separated" improvement is
estimated at an additional $35,300,000. This intersection is identified in the county's Long
Range Transportation Plan (LRTP) as gradc separated. The Stanley report identifies that the "at
grade" improvement will maintain a Levcl of Service (LOS) "D" through 2025 and LOS "E"
through 2030. The current Wilson-Benfield study also considcrs that a parallel facility will
alleviate traffic at this intersection and adjacent links but this intersection will still require critical
improvements and ultimate grade separation. Thc Wilson-Benfield corridor study is scheduled to
be completed in the spring of 2009 and no funding for any additional phases are identified.
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Agenda Item NO.1 OB
November 18. 2008
Page 2 of 102
The proposed amended and restated Consortium DCA provides for an initial cash payment of
$3,000,000 and surety for $19,522,003.65 totaling $22,522,003.65 in committed funds through
2013. A specific project account would be set up and the county would use these funds to
proceed with a PD&E update, design, right of way acquisition and construction of at grade
improvements at the intersection ofUS41 and SR-CR951. These improvements will acquire all
the right of way and water management for the ultimate grade separated improvements. The
proposed project shown in exhibits I and 2 outlines the footprint and contemplates minimal
throwaway. The intersection is the most critical portion of the improvement and would provide a
significant benefit to the area as well as maintain the cunent hurricane evacuation route. The
proposed schedule would include the county moving forward with the PD&E update, design and
right of way acquisition through January 2012 and construction through mid 2013. These
improvements will become a county capital project and would not proceed to construction until
funds are available from the Consortium.
FISCAL IMPACT: The County would receive payment of advanced impact fees, guaranteed by
surety, in the amount of $22,522,003.65. Source of funds are impact fees.
GROWTH MANAGEMENT IMPACT: The improvements identitied at the intersection of
US41 and SR-CR951 is consistent with the LRTP and GMP.
LEGAL CONSIDERATIONS: The County Attorney has worked on the preparation of this
agreement, which is legally sufficient.-JAK
RECOMMENDATION: That Board of County Commissioners (BCC) approve the amended
and restated Consortium DCA which supersedes and replaces the DCA recorded in O.R. Book
4303, Page 2349.
Prepared By: Nick Casalanguida, Director, Transportation Planning
Attachments: I) Existing approved US41 Consortium DCA in Book 4303, Page 2349; 2)
Amended and Restated DCA; 3) Exhibit A; 4) Exhibit B; 5) Exhibit C; 6) Exhibit D; 7) Exhibit
I; 8) Exhibit 2
Item Number:
Item Summary:
Meeting Date:
Page 1 of2
Agenda Item No. 10B
November 18, 2008
Page 3 of 102
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10B
This item continued from the October 28, 2008 Bee Meeting. Recommendation to approve
an amended and restated US41 Developers consortium (Consortium) Developer Contribution
Agreement (DCA), recorded in O.R. Book 4303, Page 2349. (eTS). Due to the size of Exhibit
1 and 2, copies are available at the County Manager's Offlce (Nick Casalanguida.
Transportation Planning Director)
11118/2008900:00 AM
Prepared By
NiCk Casalanguida
Transportation Services
MPO Director
Date
Transportation Planning
10/22/20088:17:34 AM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
10/22/200810:15AM
Approved By
Lisa Taylor
Transportation Services
ManagemenUBudget Analyst
Date
Transportation Administration
10/22/200812:54 PM
Approved By
Gloria Herrera
Transportation Services
ManagemenUBudget Analyst
Date
Stormwater Management
10/221200812:55 PM
Approved By
Pat Lehnhard
Transportation Services
Executive Secretary
Date
Transportation Services Admin
10122/200812:57 PM
Approved By
OMB Coordinator
Administrative Services
Applications Analyst
Date
Information Technology
11/3/20088:16 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
11/3/20081:41 PM
Approved By
Susan Usher
County Manager's Office
Senior ManagemenUBudget Analyst
Date
Office of Management & Budget
11/6/20089:06 AM
Approved By
James V. Mudd
Board of County
County Manager
Date
file://C:\AgendaTest\Export\116-November%2018,%202008\ 1 O.%20COUNTY%20MAN... 11/12/2008
Page 2 of 2
Agenda Item No.1 08
November 18. 2008
Page 4 of 102
Commissioners
County Manager's Office
11/10/200810:42 AM
file:l/C:\AgendaTest\Export\ 116-November%2018,%202008\1 0.%20COUNTY%20MAN... 11/12/2008
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Agenda Item No. 10B
November 18, 2008
Page 5 of 102
DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS' CONSORTIUM
THIS DEVELOPER CONTRIBUTION AGREEMENT (hereinafter referred to as the
"Agreement") is made and entered into this 13.y... ofl\D\J""'Iol'1" 2007, 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 NAPLES RESERVE, LLC, a Florida limited liability
company, 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, TOUSA HOMES, INC., a Florida corporation, ABC LIQUORS, INC., a Florida
corporation, NBC RV, LLC, a Florida limited liability company, NBC LAND HOLDINGS, LLC,
a Florida limited liability company, NAPLES BIG CYPRESS MARKET PLACE LIMITED
PARTNERSHIP, LLLP, a Florida limited partnership, REALTYNET REAL ESTATE, LLC, a
Florida limited liability company, and HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., a
Florida non-profit corporation (each 0 "Developer" and, collectively, the "Consortium Developers")
and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter
referred to as "County"). All capitalized ~fined herein shall have the same meaning
as set forth in the Collier County Co ~~~'ft<e Ordinance, Ordinance No. 2001-13,
as amended. O:V\~:'\I>>
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WHEREAS, the on \ control portions of the
development projects (each a " y, the "Developments"), identified
graphically in Exhibit "A" ., '. d located in unincOIporated
Collier County, Florida; and rf lJ S
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WHEREAS, LDC Sec r::~02.07,C.4, proVl t, pon approval by the Board of
County Commissioners, any i~ all enter into rceable development agreement
with Collier County pursuant to the ~l1 :3220--163.3242 or other agreement
acceptable to the Board of County ,~1U conjunction with the approval of a
development order and/or a certificate of public facility adequacy. The effect of the development
agreement shall be to bind the parties pursuant to the terms and conditions of the development
agreement and the certificate of public facility adequacy in order to insure that adequate public
facilities are available to serve the proposed development concurrent with when the impacts of
the development occur on the public facilities;" and
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;;;: WHEREAS, the Consortium Developers and the County desire to enter into this
l;l :; Agreement in order to grant to each Developer vested concurrency rights with respect to the
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:;:: Development owned or controlled by it, in exchange for the Consortium Developers fully
is c funding, at their sole cost and expense, the design, permitting, construction, Construction-
~ E ~ Engineering and Inspection (CEl), and land acquisition for the Road Project. The Road Project
c; := :: ~ shall consist of (I) at grade intersection improvements at the intersection of CR Route 951 and
:1 ij E == SR Route 41, (2) six lane road improvements from the intersection of CR Route 951 and SR
Route 41 to Henderson Creek, and (3) four lane road improvements from Henderson Creek to
0.25 miles east of Naples Reserve Blvd., all as generally depicted on the Project Overview Map
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Agenda Item NO.1 OB
November 18, 2008
Page 6 of 102
attached as Exhibit "C" and the conceptual cross-sections as set forth in Exhibit "D." All work
to be performed in conjunction with the Road Project will be designed and constructed in
accordance with the preliminary plans set forth as Exhibit "E," and will be subject to State and
County approval, The parties agree that the final plans may change and shall be subject to
SFWMD approval. The Road Project improvements shall include bridge, culvert and
CR9SI/US-41 intersection improvements as depicted in Exhibit "F" that have been approved by
FOOT for general compliance with the US 41 PD&E study. The parties hereto estimate that the
total cost of the Road Project is approximately $52,938,385, Irrespective of the actual cost of the
Road Project, and as more particularly set forth herein, the Consortium Developers shall be
granted the lotal sum of $28,466,874.46 in Road Impacl Fee Credits; and
WHEREAS, the County is willing to enter into this Agreement in order to accelerate the
improvement of this intersection and road at a cost which the County believes is less than that
which the County could otherwise obtain; and
WHEREAS, the Transportation Administrator of the County has recommended to the
Board of County Commissioners that th~oad.J'!.oject set forth in this Agreement is in the
conformity with the contemplated ~8~itions to the County's transportation
network; and . /~ 'v.;.-----.::::-.:Y A
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WHEREAS, after reastined/~onGiEleration by the B&ard\f County Commissioners, the
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Board finds and reaffirms that: / - ---... :::"L-)\ \ . \
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~'. The If.o~~ ifi) .i:~)l?e\!ContemPlated improvements
and addittons to the €; n ;~t:r' ~
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b, The R~~ ~oject, viewed' . njim . 'with other existing or other
proposed plans, inCludf{~~se from other dev . :~, I not adversely impact the cash
flow or liqui~ity of the~~.~ad.~;:.f~ accounts in suc~ a way as. to
frustrate or mterfere Wlth::2,. . @r:::.oogomg growth-necessItated capItal
improvements and additions to flte " ,..... sportation system; and
c. The Road Project is consistent with both the public interest and with the
comprehensive plan, the Long Range Transportation Plan and complies with the
requirements of the Collier County Consolidated Impact Fee Ordinance.
WITNESSETH
NOW, THEREFORE, in consideration of Ten Dollars (10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
I. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
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Agenda Item No. 10B
November 18, 2008
Page 7 of 102
Developen' Commitments
2. The Consortium Developers will fully fund, at their sole cost and expense, the
design, permitting, construction, and land acquisition for the Road Project, and will also provide
a County and FDOT approved CEI for the Road Project, The Road Project shall be submitted
for review, permitting and inspection through the Collier County Transportation right-of-way
department and FDOT through a joint application between Collier County and the Consortium
Developers and all comments from the County and State shall be considered. All permit
applications will be filed on behalf of the County, Final acceptance shall be consistent with the
typical State or County acceptance process for public roads. Any and all construction
agreements relating to this Road Project must first be submitted to the County for approval,
which approval shall not be unreasonably delayed or withheld, The County reserves the right to
require each and every construction agreement relating to the Road Project to contain a clause
that would allow for the assignability of the agreement to the County at County's written request,
with such language to be prepared by the Office of the County Attorney, the purpose of which
would be to allow the County to complete the Road Project if need be,
3, All property acquired
conveyed to the County in fee s'
executed General Warranty De
hereto as Exhibit "G," The on
searches, and shall be resp nsi e
encumbrances revealed in y
Warranty Deed in the Pub\' R
shall be paid by the Conso 'IRJ
4, County will c C-
reasonably expedient manner. .
5. Not later than two hundred seventy (270) days after the Effective Date, the
Consortium Developers shall post a performance bond acceptable to County as a financial
guarantee for the then-estimated total design, permitting, construction, mitigation, CEI and land
acquisition cost of the Road Project. The Consortium and County agree to review the
performance bond 8ll1ount at the milestone dates to revise the amount as mutually agreed upon
by both parties to reflect the current project engineer's estimate or the construction contract
8ll1ount, Should the Consortium fail to post the revised bond, then at anytime after thirty (30)
days written notice to the Consortium, the County can declare the Consortium to be in substantial
breach of this Agreement, in which event (a) the phasing schedule will terminate; (b) the County
will call the performance bond; (c) the County will build or cause to be built as much of the
Road Project as financially feasible under the existing performance bond, with the Consortium
Developers using their best efforts to assist the County's efforts in completing the Road Project,
including but not limited to assigning any permits and agreements and completing the
conveyance of needed right-of-way; and (d) this Agreement shall terminate in all other respects,
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Agenda Item No.1 OB
November 18, 2008
Page 8 of 102
except that the Consortium shall still be entitled to the Impact Fee credits, but no additional
certificates of occupancy shall be granted outside of the last approved completed phase.
6. Within ninety (90) days after written request, Naples Reserve LLC will provide for
and grant and dedicate to the County a 100-foot reservation of rights for an alternative north-
south road way east of Collier Blvd. along the west property line of Naples Reserve. Such right-
of-way will be in the approximate location as depicted on Exhibit "H," In addition to donating
the road right-of-way, Naples Reserve LLC shall provide for the swface stormwater
management for a four lane urban section for the portion of the road construcled within the
donated right-of-way, and provide drainage structure connections to the limit of the reservation
area. The right-of-way shall be donated at no cost to the County as set forth in paragraph 3
above.
7. The Consortium Developers will abide by a phasing schedule for their respective
Developments as set forth in Exhibit "1." Phasing shall be done in accordance with the following
Project Milestones,
· Upon posting of the !3Qnd'R--CO~
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. Commencemert1 6J nstruction of tne..;KC Project
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. SUbstantifO~~fth~ Ro Oj4al~anes open to traffic)
Collier County Site Develo,mek~s .~ 's, tf~g\and Building permits can be
issued for all projects upon \ eX~~1\on ! f . h wlj':fr \no certificates of occupancy
will be issued until the Proje'cfM\ieS1Me 0 ted., I t: f
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8. Each of the\~velopments may . i~into their respective water
management systems, all reqU{tfl~ater quantity and ,t~ 4ua1ity treatment for the Road
Project. The Consortium Develo~~ntrib~~~ay for the at grade imp.rovements
recommended .m .the FDOT PD&E...~~~~~ed by the South Flonda Water
Managemenl DlstnCt. --..:.-=--~
County Commitments
9. The County has determined that the Road Project is an interim improvement
consistent with the FDOT PD&E that provides capacity for the Consortium Developers and
already vested adjacent developments for a portion of the study area. Accordingly, no additional
development approvals that directly impact this segment ofUS-4lwill be granted outside of this
Agreement until the Road Project is completed unless otherwise approved by the Board of
County Commissioners. Upon completion of the Project, the County shall evaluate the roadway
capacity, background traffic and vested trips to determine if any additional approvals may be
granted.
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Agenda Item No. 10B
November 18, 2008
Page 9 of 102
Benefits to DeveloDers
10, In accordance with the phasing schedule, as set forth in Exhibit "Y' the
Consortium Developers shall receive the sum of $28,466,874.46 in Road Impact Fee credits as
set forth in a copy of the Impact Fee Ledgers, attached as Exhibit "1". The credit for Road
Impact Fees identified herein shaH run with each of the respective Developments and shall be
reduced by the entire amount of each Road Impact Fee due for each Building Permit issued
thereon until the respective Development project is either completed or the credits are exhausted
or otherwise no longer available, or have been assigned by operation of or pursuant to an
assignment agreement with County, The foregoing reduction in the Road Impact Fees shall be
calculated based on the amount of the Road Impact Fees in effect at the time the Building Permit
is submitted. The credits set forth herein shall be applied solely to Road Impact Fees, and shaH
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 their lands. 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 De~loper assigns all or part of the Development.
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II. In accordance Wi~~~ as set forth in Exhibit "Y' the
Consortium Developers shalV~Lreceive Certi~' ~'Qf Adequate Public Facilities
("Certificates") vesting each Jf df/ r ive Developme t~, construct those units set forth
therein for the purposes of;m~ oun 0 ti Concurrency requirements.
Issuance of these Certificat s, 0 r esp ctive Developers from their
respective obligation to pay ffIo ~ '
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H not be cons~~~cterized as a development
emment Deve~~~ement Act,
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13. The burdens of this ~dij't @lh1J...~-tlinding upon, and the benefits of this
Agreement shall inure to, all successors ~ 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 entilled 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 aH
or a portion of the approved density or square footage to another project on the same roadway
link (US-41 from SR95 I to Greenway) or that directly impacts the intersection ofUS41 with SR-
CR951 as shown on Exhibit "C", whether owned by that Consortium Developer or owned by
another developer.
12, This Agreem
agreement under the Florida La
14. Developer acknowledges that the failure of this Agreement to address any permit,
condition, term or restriction shall not relieve either the applicant or owner or its successors or
assigns, of the necessity of complying with any law, ordinance rule or regulation governing said
permitting requirements, conditions, terms or restrictions.
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Agenda Item NO.1 08
November 18, 2008
Page 10 of 102
15, In the event state or federal laws are enacted after the execution of this
Agreement, which are applicable to and preclude in whole or in part the parties' compliance with
the terms of this Agreement, then in such event this Agreement shall be modified or revoked as
is necessary to comply with such laws, in a many which best reflects the intent of this
Agreement.
16. Except as otherwise provided herein, this Agreement shall only be amended by
mutual written consent of the parties hereto or by their successors in interest. All notices and
other communications required or permitted hereunder shall be in writing and shall be sent by
Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service,
and addressed to the parties at the addresses set forth in Schedule 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.
17. 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 CO', OJida, within fourteen (14) days after the
Effective Date, Developers shalI~ "1'!', 's Agreement. The County shall
provide a copy of the recorded@ , t to the Develop ~ request.
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18, In the event J ~Y ~e tude. tb.il\ Agre~en, the parties shall attempt to
resolve such dispute first by/mem' l~_..1~~t II:. ternative Dispute Resolution
Procedure, if any. Follow~g u1 n 1s8 ~ tii'ijl c 9' if any, either party may file an
action for injunctive relief~!,,1? .; i~r ~t BJ~ pf4CO,lli 'o~)to enforce the terms of this
Agreement, and remedy be' O~iv~ ~d a ef ~edies available to the parties
for the enforcement of the A ';scro, '.' ent. \t I J ~ /
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19, This Agreement'\{i;~tutes the entire a~t between the County and the
parties with respect to the activitle~~~~es and takes the place of any and
all previous agreements entered into~*t\V~C!M'~ii(s hereto relating to the transactions
contemplated herein, All prior representa~ertakings, 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 such parties with respect thereto hereby are canceled.
20, 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.
21. Nothing contained herein shall be deemed or construed to creale 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.
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Agenda Item No. 10B
November 18, 2008
Page 11 of 102
22. This Agreement may be executed in separate counterparts, each of which when so
executed shall be an original, but all of which together shall constitute but one and the same
instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written,
Attest:
DW~9J,ft ~;~OCK, Clerk
~~~E~\.G
AttllSt I~ t~ :~~eputy Clerk J S COLETTA, Chairman
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App .t.. j .. cP .' )'oJ-:.
and
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FL RIDA
By:
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Agp.nrl~ Itpm No 10R
November 18, 2008
Page 12 of 102
SIGNATURE PAGE TO
DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM
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SignatuIe
~-~ ~-")'ov~'L
Printed Name
Q
WITNESSES:
Title: M~{N ~ MEwft:5EJC.
of Gulfcoast Naples Reserve, ILC. the
~~ember of NAP Us REsERVE,
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I (' (', I.J '"'\ //""_1,/ . "f)..---CJ7
L-- I:Ht.- ,yr,; tit l1-""-f) . . . / Dated. . ~
Printed Name I \. \
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(I ~fmoLr~ ~) \
STATEoFf:Trrl~jl1, \~~",0J--\ '/~)
COUNTYOFfld!ler ~\. j~ /~I
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n. Before, a N. otary Pubficf'~ie'::and fof. said CoU;?'~~.' State,. pemmsJly . appeared.
nnlh:;n't?~-'f",JfL , !be ~~~W I of Gulf Coast Naples
Reserve, L ,Managing Membet' Oi--$' _' rLLC, a Florida limited liability
compe.ny,.who acknowledged the executio~oing instrument as such officer fut and
on behalf of said limited liability company.
Wi_m'_~u;;;~a:~,",7
,.~\':~;~~;"" CINOYL SMAllWOOD j:lguat:uIe}
['W:" Notary Public. State 0/ Florida /7 /
,~'jMrCommisslonExpresJun5.2009 { 'I A.
"':~f ~ ..",'fo' CoImllssoon' 00 416494 I ;yO! //11 tyY1
.......... Bondoo By National Notal}' Assn. (printed name)
Notary Public
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Agenda Item No. 10B
November 18. 2008
Page 13 of 102
SIGNATURE PAGE TO
DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM
WITNESSES:
EK II, LLC, an Indiana
pany
q~
Signature
.:riLT(o~11 J,
Printed Name
9~::tt(.Y/~~
Signature
9 " .-I>a~ Q do.ber .:? 3
~yll('(? ~~, +VlO t//;/;\tR COli<,\! '
Printed Name O:\.y /')
(; / ~
By:
t.I'
~ame:=rJ-oMA-.'5 K. Hc.6a..)M~
Title: ale.p ~..+f,N,,~r
:::J~() "-)
STATE OF INOI~A-
-
COUNTY OF ~ f
(0
Before, a Notary Pu
~s 1(. McAo...an , the
LLC, an Indiana limited liability , p~ 7 ~
instrument as such officer for and on be o&lIidl
State, personally appeared
of KITE EAGLE CREEK II,
ed the execution of the foregoing
liability company.
.....WRnCllll\.p1y hand and Notarial Seal this ~day of () c.k;Lg,y
",,,,,,, \ f'. Ff;q "" -
l'\..,..~..".".,."4,""" ~ ~~
!~..., "'~~\ \ ^ . -
: .. NOTARY ". ~ I sIgnature)
~ : SEAL: ~ .
\ *:.. PUBLIC .: * ! Aoliuk ~"
\. U';...... .....:~'r l (printed name)
.....:'f't: OF' i~Q''?'...''''''~ Notary Public
"'" ,\,,,,
f'""..,.II'"
,2007.
My Commission Expires:
County of Residence:
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Agenda Item NO.1 OB
November 18, 2008
Page 14 of 102
SIGNATURE PAGE TO
DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM
WITNESSES:
KRG EAGLE CREEK IV, LLC, an Indiana
Hmi'''' ''''ill" (f;'
By:
~f
~ame:'""Th,/'lAS r. Hc.bCJW'+N
Title: Chie + OpdA-h~ af}rcc('
9<.JiP4
Ji L :Prod r J.-
Printed Name
~.t>'<)L~d~ .,~
Signature . ^. ( ,(
9 <:::J .~ed-:-.... ~C~(' 2~, 2-60 7
1//t"P vrel1:A-t.JOI.J!~!\SSR CO(j~ .
Pnnted Name / 0:'-~~j..'
/e/, '- \
STAffiOF ,"O,A"A C~o'sr;;WJ
COUNTYOF M~ON \~~)~ ) /5)
Before, a Notary Pu ~)O and for said ~ouP~Qd State, personally appeared
"t\1.omAs w:.. .....C""=>~ , th . " of KRG EAGLE CREEK
IV, LLC, an Indiana limited lia' . \ owledged the execution of the
foregoing instrument as such officer f;;i' . 1~aid limited liability company.
Witness my hand and Notarial Seal this z..;rd-dayof Ocltl!:o.l ,2007.
\~gna~
~~t'\
(printed name)
Notary Public
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County of Residence:
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Agenda Item No. 10B
November 18, 2008
Page 15 of 102
SIGNATURE PAGE TO
DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM
WITNESSES:
, an Indiana limited
~--
- fHAdJ
Signature
::];-1 :PY-o~!r( 1.-
Printed Name
?-:')//"f--~~.h~
"",- ~
. \).tiVat&!O .
QfJC(!.sr~IJItV~J(J/ ~~J.2
Pnnted Name I
By:
lP Name::py,M * So t., J.-t cGcu)J4.1\J
litIe: Chlc ~ ()pt'r~~ 6+..(;c.cr-
r 23
STATEOF IHDIA1JA I--<
E5
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Before, a Notary for d State, personally appeared
~ K. Mc~" of KRG 951 & 41, LLC,
an Indiana limited liability compan , ~a ged the execution of the foregoing
instrument as such officer for and on behalf of said limited liability company,
~,itness my hand and Notarial Seal this 2~'" day of Ootobe..--
.... ~Jv.
.........':t\R.A..q.'." ~ ("~
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- *. . ::
\ ". PUBLIC .: * i
.. <1','. .'_ <'
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""'"UII'''''''''
My Commission Expires:
, 2007.
M~'"
~~'"
(printed name)
Notary Public
County of Residence:
~\i u), ')D1!.f
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SIGNATURE PAGE TO
DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM
WITNESSES:
TOUSA HOMES, INC., a Florida
corpora~ /}/
BY:~
Name: DavJ A G.I....~
Title: I). V \.), ,"v\ ~ ~..L;;r-
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~(lr\JO\. V",,""('\el
5~ Printed Nam~
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Signature\ "\\~
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11- /2-- 2.<:07
Dated:
STATE OF -FlDI"..::k..)
) SS:
COUNTY OF L~e )
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Agenda Item NO.1 OB
November 18, 2008
Page 16 of 102
My Commission Expires:
County of Residence:
~.... SARAMALIVA
m.' ~\ Commission D. 0684700
, : :"j Expires July 5, 2011
'.P.:,,'j.~'~ I\CIfldMlThNTlC)'FtrI.....IlJI).3I5.7D\'
1- S - 201/
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Agenda Item No. 10B
November 18. 2008
Page 17 of 102
SIGNATURE PAGE TO
DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM
WITNESSES:
LIQUORS, INC., a Florida corporation
Si
C-hn'<; Qwrle.s
Printed Name
L.
N e:- J,,~ c....... €144~1Z.._
Title: C f" 0
STATE OF fbr:
COUNTY OF
f-.
8f
......,
tate, personally appeated.
lJ of ABC LIQUORS, 1Nc., a
ing instrument as such officor
,2007.
(printed name)
Notary Public
.xlHN F.1lENNETT
My Commission Expires:
County of Residence:
la-i-O'1
o r-o C\ <::::t
Ag,:::.nrl:=! Itpm N() 10R
November 18, 2008
Page 18 of 102
SIGNATURE PAGE TO
DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVEl..OPE:RS CONSORTIUM
c--..I
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Signature
?'~0 --10-J .....\J..,.L,
Printed Name
NBC RV; LLe, a FlOrida limited liability
~y ~
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Title; M";?t:f ./7./'..... je,r
WITNESSES:
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t-m.. &;\ NOIaIyPu!lic.S!aIBofFlorila
~' 'lMy~ExpiosJun5.2009
~~~1OFA~l Commission' 00416494
....,.... Bonded By NIIionaI NotIry Assn.
(signature)
f?/ffOj A . Sro/kYYY./
(printed name)
Notary Public
My Commission Expires:
& S -d)CX:iCj
County of Residence:
&///1/
A~enda Item No. 10B
ovemoer to, ..c..vo6
Page 19 of 102
SIGNATURE PAGE TO
DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVlLOPERS CONSORTIUM
WITNESSES:
NBC LAND HOLDINGS, LLC. a Florida
limited liability company
By:
,r. K
h J1{o~~fF ,
LLC. a Florida limited liabili
insirument as such fo
~~'0 '<-
Signature
'2. ~~'-/'il"" '-'l-"
Printed Name
Name:
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Tille:
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pcr!IOnally IIIlPClIlIld
ofNB(; LAMI HoLDINGS,
execution of the foregoing
Witness my hand and N
"~"\'~~'~~;"" QNOY l. sMAllWoOi5
[.~m' :':~ NOlary Public: - Slale 0# Fbrida
",' i M1 Cammission Ex/lIIlls Jun 5 2009
,_" .74.' ~~_'-_ .
IIIl ....fCll'n'if.:;.... .......'.JIIAlOII' DO 416494
'..""" Bcr1ded By NIbl' ""*"y Aasn.
My Commission Expires:
& -':)..:JCX'i1
County of Residence:
ad III ().r
~0'0 ~_
Signature By:
';2.~,~- "'/v.j~'''-t. Name: //1./.1 J, A"
(i~tedNam h ?. /
1/ Tjtl~: /7 ~ /JJv_,{;...r,
, ~././/.#J ofBasikDevel LLC,theGeneral
Si Sk Partn" erofNAPLESBIOC\'PRESSMAltKET
/J / II ./J P~EDPARTNERSllIP,LLLP
(!./#'ktl..... 1//.//drj'~"0,R CQl i:;;---,
. tedName ,/'~ )~~]S;;:Zil'~'"
.,""'1'/ ,:P'i~
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/ \...-.// '\, .\
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SMOFf)ord$ (.ir1~~~ \
COUNTYOF!hIl Ifr Jr~\~~ I 11 If-
:..:.. \ '~~~- '\ / ~
1/ ~ . ,~fo~, a ~g.tary ,~\''in and fol' said CoE 61/ S_ PelllO,' naI, Iy appeared" ,
tli2.!1l.CQ<), L- . . )/of Basik Development;
LLC. the General. Partner of N: G 'LIMITED PAllTNEilBsIP,
LLLP, II Florida limited W . execution of the furegoing
instrument as such for .
-.... .
~. .::.~;.;;._ed"Z1~~"'"
i'~'lMyComml>sionExpjfesJun5,2009 /J L <'- /,
,.~~., Commission'DD4'~94 L,/p/)Lf' \d'~ II" wet
. ,.....",,' Bonded By N_ Nolary Assn. (printed name)
Notary Public
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;".~ulda Item ~Jo. 1GB
November 18, 2008
Page 20 of 102
SIGNATURE PAGE TO
DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM
WITNESSES:
NAPLES BIG CYPRESS MARKET PuCE
LIMITED PARTNERSIDJ>, LLLP, a Florida
limited partnership
My Commission Expires:
County of Residence:
(?o/!tff
I! -!5 - ?007
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Agenda Item No.1 OB
November 18. 2008
Page 21 of 102
SIGNATURE PAGE TO
DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM
WITNESSES:
~~:ed~
E ~~/)"J;
Printed ame
~~n 7J?("~ tJ
Signature
Title: CJvJ-I\.J..../
. ( t:...
/~~~h7
0) ~~)\(
c <:
STATE OF e.J",
COUNTY OF f.\-'r..iV\
() Before, a Notary Pu . and for said State, personally appeared
~ tJ\ .., \ -c.. , tn of REAL TvNET REAL
ESTATE, LLC, a Flonda limited, . rpU't':': &~knowledged the execution of the
foregoing instrument as such officer for'a~ Ik'hb said limited liability company.
Witness my hand and Notarial Seal this l day of \\) 'C)\\~\>....... ,2007.
,_~ ~..J
(signature)
.Lois Fn7-;.v-
(printed name)
Notary Public
My ~~xpires:
;;/:;0 /:;0/1
.
County of Residence:
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Agenda Item NO.1 OB
~!g' '9rng9r 1 g, 2QQ!;l
Page 22 of 102
SIGNATURE PAGE TO
DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTWM
WITNESSES:
HABITAT FOR HUMANlTV OF COLLIER
COUNTY. lNc.. a Florida Non-Profit
Corporation
PfJ~~N;/.,-~-
Si
By;
J. Durso. MD.
Printed Name
./fl.. ~~(?:,;/ Title: President
S. (J~---
19nat //~"I2,R COr ,",
.{..: \./;.;:-- ~u;. r "
1.J r-: f(\a~-;:...L.- Otrn~~' Dated;-" 7
Printed N ' '- . '\ \
ame 1/' '\\
,/ c------.., \
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(ICC(~\~J w' \
STATEOF_Fl I~I\ _A\l1) I r li IE-I
I' ~1I:u'\..1S\.' <~ I 1::'::/'
COUNTY OF ~\k. \ '\;k I ; ..:::.:;
\;C~ ~"V /0/
Before. a Notal'y Publi~~~ for said County lIIlU )'?~J'<<SODIllly appeared Samuel J.
Durso. MD., the President of HUMA.N~~ER COONTY.lNc.. a Florida
Non-Profit Corporation . who . . . the foregoing iDstrmnent as such
officer for and on behaIf of said limitedli
Witness my hand and Notarial Seal this ~ day of ~ 2007.
J7~ ~, ~j
( signatUre)
Lam -~ill
(printed nable)
Notary Public
;'!""'" NORMA LORA.TREJO
,~;,. MY COMMISSION It 00590338
~~ EXPIRES: August29,20JO
. l"U~-NOT.u.Y F1.N(UI)'Disccult/Vli){;.Co.
1\.\ (1 ( me I
My Commission Expires:
County of Residence:
('n/krr
vg /:2Jfl 9010
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Agenda Item No. 10B
November 18, 2008
Page 23 of 102
SCHJDULE I
Notice Addresses
Naples Reserve, LLC
SIS Terracina Way
Naples, FL 34119
With a Copy to: Goodlette, Coleman & Johnson
Attn: Richard Yovanovich, Esq.
4001 Tamiami Trail North
Naples, FL 34103
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 9Sl & 41, LLC
clo Kite Realty Group
Attn: Eric Strickland
30 South Meridian, Suite 1100
Indianapolis, IN 46204
KRG Eagle Creek IV, LLC
c/o Kite Realty Group
Attn: Eric Strickland
30 South Meridian, Suite II
Indianapolis, IN 46204
TOUSA Homes. Inc.
4000 Hollywood Blvd.,
Ste. SOO-N
Hollywood, FL 33021
NBC RV, LLC
C/O Basik Development
Attn : Keith Basik
720 Goodlette Road
Naples, FL 34102
NBC Land Holdings, LLC
C/O Basik Development
Attn: Keith Basik
720 Goodlette Road
Naples, FL 34102
Realty Net Real Estate, LLC
Attn: Cory Maile
1330 Forrest Court
Marco Island, FL 34145
Naples Big Cypress Market Place
Limited Partnership, LLLP
C/O Basik Development
Attn: Keith Basik
720 Goodlette Road, #305
Naples, FL 34102
Habitat for Humanity of Collier County, Inc.
Attn: Samuel J. Durso
1145 Tamiami Trail East
Naples, FL 34113
enda Item NO.1 OB
2008
102
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US 41 / SR 951 Developer Consortium
Partidpatiq Memben Locatio. Map
Exbibir A
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Vanasse
Daylor
-+,
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__~_2007
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NIopIM,F'L34103 _.---c-n,~__.....-
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exhibit "8"
Legal Description for Naples Reserve LLC
SectIon 1, Township Sl South, Range 26 East, Collier County, Florida
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Agenda Item No. 10B
November 18, 2008
Page 25 of 102
Agenda Item NO.1 OB
November 18, 2008
Page 26 of 102
Exhibit B
Legal Description for KRG 951 &. 41 LLC
A PARCEL OF LAND lOCATED IN SEmON 3, TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
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BEGIN AT THE NORTHEAST CORNER OF TRACT "0.5.-3" 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 89055'57" WEST, ALONG THE NORTH LINE OF
SAID TRACT "0.5.-3", FOR A DISTANCE OF 867.07 FEET TO THE NORTHWEST
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 ALONG THE WEST LINE OF .
SAID LANDS FOR A DISTANj2 (jj;. ,NCE RUN SOUTH 02028'03"
WEST, ALONG SAID LAN " A DISTANCE .'59 FEET TO THE
NORTHERL YMOSlWES\-ER I foRNER. OF TRACT' "O~ SAID TRAIL RIDGE;
THENCE RUN SOUTH l}203fl'2~ THE ~ESTERL Y LINE OF SAID
TRACT "C", FOR A DI~An4~~. . ,E RUN NORTH 90000'00"
WEST, ALONG THE N<PR~ l I"C'1 FOR A DISTANCE OF
100.09 FEET TO A PO \Iff '-..:. - F A!i,IINE OF STATE ROAD
#951 (RIGHT -oF-WA~~~ ES); THENCE R N",TbI.e2b30'29" EAST, ALONG
SAID EAST RIGHT-OF' ~~ LINE, FOR A DI~(cE~i40.20 FEET; THENCE
RUN NORTH 04012'04" ~lONG SAID ~~-OF-WAY LINE, FOR A
DISTANCE OF 640.85 FEET'i,~NC_t!~U~I.R1;i~42'14" EAST FOR A
DISTANCE OF 264.66 FEET; ~~~tw15042'49" WEST FOR A
DISTANCE OF 320.41 FEET; THEN~TH 35039'44" EAST FOR A
DISTANCE OF 200.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
LINE OF STATE ROAD No. 90 (TAMIAMI TRAIL 200.00 FOOT RIGHT-OF-WAY);
THENCE RUN SOUTH 54020'16" EAST, ALONG SAID SOUTHERLY RIGHT-OF-WAY
LINE, FOR A DISTANCE OF 1,927.32 FEET; THENCE RUN SOUTH 35039'44"
WEST FOR A DISTANCE OF 400,00 FEET TO A POINT ON THE NORTHERLY LINE
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
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Agenda Item NO.1 OB
November 18, 2008
Page 27 of 102
Exhibit B
Legal Descriptions for TOUSA Homes Inc
REFLECTION LAKES AT NAPLES PHASE 3J
A PORTION OF TRACT RD-4, REFLECTION lAKES AT NAPLES UNIT II (PHASE
II & III), AS RECORDED IN PLAT BOOK 46 AT PAGES 33 THROUGH 42 OF THE
PUBUC RECORDS OF COLUER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
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BEGIN AT THE NORTHEAST CORNER OF TRACT RD-4, REFLECTION LAKES
AT NAPLES UNIT II (PHASE II & III), AS RECORDED IN PLAT BOOK 46 AT
PAGES 33 THROUGH 42 OF THE PUBUC RECORDS OF COWER COUNTY,
FLORIDA, THENCE RUN S.00035'I4"~.ALONG THE BOUNDARY OF SAID
TRACT RD-4, FOR A DISTANC~,~ "THENCE RUN N.89024'46'W.
FOR A DISTANCE OF 125.0 E BOUNDARY OF SAID
TRACT RD-4; THENCE R BOUNDARY OF SAID
TRACT RD-4, FOR A DI A 1i TH BEGINNING OF A
TANGENTIAL CIRCU C R , THE EAST; THENCE
RUN NORTHEASTERL , D :TRACT RD-4 AND
I
ALONG THE ARC OF AI Ai' A RADIUS OF
25.00 FEET, THROUG ' UBTENDED BY A
CHORD OF 37.25 FE . '3 ~ FOR A DISTANCE OF
42.02 FEET TO A POI UN EASTERLY,
ALONG THE BOUNDARY D TRACT RD-4 NG THE ARC OF
SAID CURVE TO THE LE, . RAD S: 0.00 FEET, THROUGH A
CENTRAL ANGLE OF 12059'11 ,~r-e$ CHORD OF 97.25 FEET AT
A BEARING OF S,89035'45"E., FORA-'OI CE OF 97.46 FEET TO THE POINT
OF BEGINNING. PARCEL CONTAINS 1.877 ACRES, MORE OR LESS.
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Agenda Item NO.1 OB
November 18, 2008
Page 28 of 102
REFLECTION LAKES AT NAPLES,
PHASE 3 MULTI-FAMILY PARCELS
TRACT MF-3 AND TRACT MF-4 OF REFLECTION LAKES AT NAPLES - UNIT II
(PHASE II & III), ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 46 AT PAGES 33 THROUGH 42 OF THE PUBUC RECORDS OF COWER
COUNlY, FLORIDA.
AND
REFLECTION LAKES AT NAPLES, PHASE 31
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TRACT RD-5, REFLECrION I.AKES AT NAPLES UNIT II (PHASE II & III), AS
RECORDED IN PLAT BOOK 46 AT PAGES 33 THROUGH 42 OF THE PUBUC
RECORDS OF COWER COUNlY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: ,./-\~or~'~
BEGIN AT THE NORTHW~~~F ~~ REFLECrION LAKES
AT NAPLES UNIT II (PH,(SE,lI, & III)~ AS RECQRDEfl, IN"'LAT BOOK 46 AT
PAGES 33 THROUGH 4~ 0, F -w 0\' C<l)UJER COONTY,
FLORIDA; THENCE R sf I. UNDARY OF SAID
TRACT RD-5, FOR A :f,JS1l, '~, E. F 6 .8 F, ~~B 'GINNING OF A
TANGENTIAL CIRCUL.A~~i~~ EljrO ~~ ; THENCE RUN
EASTERLY, ALONG TH~UNDARY OF SAIa.TRA~ R I"v' AND ALONG THE
ARC OF SAID CURVE T((.m LEFT, HAVIN~~I~S9F 255.00 FEET,
THROUGH A CENTRAL A~\OF 27024'13"'~ S~D BY A CHORD OF
120.80 FEET AT A BEARI~" 9032'59, "" ' .ADISTANCE OF 121.96
FEET TO THE END OF SAID rna...~ ~~_' N.75050'52"E., ALONG THE
BOUNDARY OF SAID TRACT RD-5, ANCE OF 212.75 FEET TO THE
BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE
SOUTH; THENCE RUN EASTERLY, ALONG THE BOUNDARY OF SAID TRACT RD-
5 AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF
545.00 FEET, THROUGH A CENTRAL ANGLE OF 09046'37", SUBTENDED BY A
CHORD OF 92.89 FEET AT A BEARING OF N.80044'1l"E.,
FOR A DISTANCE OF 93.00 FEET TO THE END OF SAID CURVE; THENCE RUN
S.04022'31"E., ALONG THE BOUNDARY OF SAID TRACT RD-5, FOR A
DISTANCE OF 125.00 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE
TO THE SOUTH, FROM WHICH THE RADIUS POINT BEARS S.04022'31 "E., A
DISTANCE OF 420.00 FEET THEREFROM; THENCE RUN WESTERlY, ALONG
THE BOUNDARY OF SAID TRACT RD-5 AND ALONG THE ARC OF SAID
CURVE TO THE LEFT, HAVING A RADIUS OF 420.00 FEET, THROUGH A
CENTRAL ANGLE OF 09046'37", SUBTENDED BY A CHORD OF 71.58 FEET AT
A BEARING OF S.80044'1l"W., FOR A DISTANCE OF 71.67 FEET TO THE END
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Agenda Item No. 10B
November 18, 2008
Page 29 of 102
OF SAID CURVE; THENCE RUN S.75050'52"W., ALONG THE BOUNDARY OF
SAID TRACT RD-5, FOR A DISTANCE OF 212.75 FEET TO THE BEGINNING OF
A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE NORTH; THENCE
RUN WESTERLY, ALONG THE BOUNDARY OF SAID TRACT RD-5 AND
ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF
380.00 FEET, THROUGH A CENTRAL ANGLE OF 27024'13", SUBTENDED BY A
CHORD OF 180.02 FEET AT A BEARING OF S.89032'59"W., FOR A DISTANCE OF
181.75 FEET TO THE END OF SAID CURVE; THENCE RUN N.76044'55"W.,
ALONG THE BOUNDARY OF SAID TRACT RD-5, FOR A DISTANCE OF 67.88
FEET; THENCE RUN N.13015'05"E., ALONG THE BOUNDARY OF SAID TRACT
RD-5, FOR A DISTANCE OF 125.00 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 1.477 ACRES, MORE OR LESS.
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TOGETHER WITH
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A PORTION OF TRACT ROo3, REFLECTION LAKES AT NAPLES UNIT II
(PHASE II & III), AS RECORDE l}.~ . . ,~ ~6 AT PAGES 33 THROUGH 42
OF THE PUBUC RECORDS 9 ~~A.qRlDA, BEING MORE
PARl1CULARL Y DESCRI~ <, L~~ '\ '\
BEGIN AT THE NORTH R TAAi RD-, ~LECTION LAKES
AT NAPLES UNIT II ( P :r BOOK 46 AT
PAGES 33 THROUGH 2 CO ER COUNTY,
FLORIDA; THENCE R G' DARY OF SAID
TRACT RD-3, FOR AD NCE OF 157.50 ; ,RUN S.76044'55"E.,
AlONG THE BOUNDAR 'qJ\SAID TRACT RD ' R c1ll)STANCE OF 19,00
FEET TO THE BEGINNIN~ TANGENTIAL C' CURVE, CONCAVE
TO THE SOUTHWEST; TH~. \ , ALONG THE .
BOUNDARY OF SAID TRACT RD.,~~Eft' ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 25. , ROUGH A CENTRAL
ANGLE OF 77020'09", SUBTENDED BY A CHORD OF 31.24 FEET AT A BEARING
OF 5.38004'51 "E., FOR A DISTANCE OF 33.74 FEET TO THE END OF SAID
CURVE; THENCE RUN S.00035'14"W., ALONG THE BOUNDARY OF SAID
TRACT RD-3, FOR A DISTANCE OF 239.42 FEET; THENCE RUN N.77009'49"W.
FOR A DISTANCE OF 134.56 FEET TO A POINT ON THE BOUNDARY OF SAID
TRACT RD-3, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE
TO THE WEST, FROM WHICH THE RADIUS POINT BEARS N.64032'14"W., A
DISTANCE OF 70.00 FEET THEREFROM; THENCE RUN NORTHERLY, ALONG
THE BOUNDARY OF SAID TRACT RD-3 AND ALONG THE ARC OF SAID
CURVE TO THE LEFT, HAVING A RADIUS OF 70.00 FEET, THROUGH A
CENTRAL ANGLE OF 24052'32", SUBTENDED BY A CHORD OF 30.15 FEET AT
A BEARING OF N.13001 '30"E., FOR A DISTANCE OF 30.39 FEET TO THE END OF
SAID CURVE; THENCE RUN N.00035'14"E., ALONG THE BOUNDARY OF SAID
TRACT RD-3, FOR A DISTANCE OF 45.39 FEET TO THE BEGINNING OF A
Agenda Item NO.1 OB
November 18, 2008
Page 30 of 102
TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE WEST; THENCE RUN
NORTHERLY, ALONG THE BOUNDARY OF SAID TRACT RD-3 AND ALONG
THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 70.00 FEET,
THROUGH A CENTRAL ANGLE OF 44010'27", SUBTENDED BY A CHORD OF
52.64 FEET AT A BEARING OF N.21 030'OO"W., FOR A DISTANCE OF 53.97 FEET
TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.644 ACRE, MORE OR
LESS.
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Agenda Item NO.1 OB
November 18, 2008
Page 31 of 102
Exhibit B
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Legal Description for Kite Eagle Creek II LLC
A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLUER 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 PUBUC RECORDS OF COLUER COUNTY, FLORIDA, AND IN PART BEING
PORTIONS OF TRACTS M-1 AND M-2 OF CRYSTAL LAKE TERRACES AT EAGLE
CREEK AS RECORDED IN PLAT BOOK 16, PAGES 30 AND 31 OF THE PUBUC
RECORDS OF COWER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOllOWS:
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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), R, 53 AND THE
NORTHWESTERLY CORNE~. ~ ~ -2 CAP , ERCIAL CENTER REPLAr'
AS RECORDED IN PLAT , PAGE 85 OF ~C RECORDS OF
COWER COUNTY, FLOJUD OINT 0 BEG) INtNG. FROM SAID POINT
RUN SOUTH 35039'28'YW tO~G E RL U E OF SAID "CAPRI
COMMERCIAL CENTE "A CENTER REPLAr', A
DISTANCE OF 272.94 FE CO NER OF SAID "LOT 2
CAPRI COMMERCIAL . 54020'32" EAST
ALONG THE SOUTHE MERCIAL CENTER
I
REPLAr', A DISTANCE ,RLY CORNER OF
SAID "LOT 2 CAPRI CO L CENTER REP;r" ENCE RUN NORTH
35039'28" EAST ALONG ,~N;~ "LOT 2 CAPRI
COMMERCIAL CENTER REP~~~~3.00 FEET TO AN
INTERSECTION WITH THE SOUTHERt~F LOT 1 OF SAID "CAPRI
COMMERCIAL CENTER"; THENCE RUN SOUTH 54020'32" EAST ALONG SAID
SOUTHERLY UNE, A DISTANCE OF 226.05 FEET TO THE SOUTHEAST CORNER
OF SAID LOT 1; THENCE RUN NORTH 35039'28" EAST ALONG THE EAST UNE
OF SAID LOT 1, A DISTANCE OF 165.15 FEET; THENCE RUN NORTH 31038'24"
EAST ALONG SAID EAST UNE, A DISTANCE OF 43.40 FEET TO AN
INTERSECTION WITH THE WEST UNE OF LOT 5 OF SAID "CAPRI COMMERCIAL
CENTER"; THENCE RUN SOUTH 04013'24" WEST ALONG SAID WEST UNE, A
DISTANCE OF 300.05 FEET TO AN INTERSECTION WITH THE SOUTH UNE OF
SAID "CAPRI COMMERCIAL CENTER"; THENCE RUN SOUTH 87029'51" EAST
ALONG SAID SOlITH UNE, A DISTANCE OF 0.19 FEET TO AN INTERSECTION
WITH THE WESTERLY RIGHT-OF-WAY UNE OF STATE ROAD NO. 951, COLUER
BOULEVARD, AS DESCRIBED IN THE ORDER OF TAKING AS RECORDED IN
OFFICIAL RECORDS BOOK 2630, PAGE 2773 OF THE PUBUC RECORDS OF
COWER COUNTY, FLORIDA; THENCE RUN SOlITH 04010'08" WEST ALONG
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Agenda Item NO.1 OB
November 18, 2008
Page 32 of 102
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SAID WESTERLY RIGIfT-OF-WAY LINE, A DISTANCE OF 136.65 TO THE NORTH
LINE OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 2699, PAGE
792; THENCE RUN NORTH 85002'55" WEST ALONG SAID NORTH LINE, A
DISTANCE OF 226.52 FEET TO AN INTERSECTION WITH THE BOUNDARY LINE
OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE
260 OF SAID PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE RUN
SOUTH 04057'05" WEST ALONG SAID BOUNDARY LINE AND THE WEST LINE OF
SAID PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 2699, PAGE 792, A
DISTANCE OF 78.24 FEET; THENCE RUN SOUTH 35039'28" WEST ALONG SAID
BOUNDARY LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS
BOOK 3344, PAGE 260 AND SAID WEST LINE OF THE PROPERTY DESCRIBED IN
OFFIOAl RECORDS BOOK 2699, PAGE 792, A DISTANCE OF 33.43 FEET;
THENCE RUN SOUTH 54020'32" EAST ALONG SAID BOUNDARY LINE OF THE
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 0 ~ LINE OF THE PROPERTY AS
DESCRIBED IN OFFICIAL ~~ , E 260 AND SAID
SOUTHWESTERLY LINE 9F(tHEi>ROPERTY D EQ IN OFFICIAL RECORDS
BOOK 2699, PAGE 792f!SAI,i3~G C..,ON ,E NpRTHEASTERLY AND
HAVING A RADIUS OFI50.~0 A NTR1\ ANGll: OF, 33010'23" AND A
CHORD BEARING AND DI " ~, 28.55 FEET,
RESPECTIVELY; THE*E U 0 CURVE, AN ARC
DISTANCE OF 28.95 Fi , T' bF SAID CURVE;
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THENCE RUN SOUTH 1'" 0'55" EAST ALON~,,sAIp; DARY LINE OF THE
PROPERTY AS DESCRI , '~\N OFFICIAL REC~~ .'-"1 3344, PAGE 260 AND
THE SOUTHERLY L1NE,AiO PROPERTY DE IiEIZJ IN OFFICIAL RECORDS
BOOK 2699, PAGE 792, A ' (jj~ " OF THE PROPERTY
DESCRIBED BY THE ORDER ,T~}IG(R.I; ~ IN OFFICIAL RECORDS
BOOK 2605, PAGE 3232 OF SAID Pti8f:fc:RECORDS OF COLLIER COUNTY,
FLORIDA, A DISTANCE OF 68.63 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 PROPERTY DESCRIBED
BY THE ORDER OF TAKING AS RECORDED IN OFFICIAL RECORDS BOOK 2605,
PAGE 3232, SAID CURVE BEING CONCAVE NORTHERLY AND HAVING A RADIUS
OF 50.00 FEET, A CENTRAL ANGLE OF 12059'48" AND A CHORD BEARING AND
DISTANCE OF NORTH 85059'11" EAST, 11.32 FEET, RESPECTIVELY; THENCE
RUN EASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 11.34 FEET TO AN
INTERSECTION WITH SAID WESTERLY RIGIfT-OF-WAY LINE OF STATE ROAD
951, COLLIER BOULEVARD; THENCE RUN SOUTH 04057'05" WEST ALONG SAID
WESTERLY RIGIfT-OF-WAY LINE AND SAID BOUNDARY LINE OF THE PROPERTY
AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260, A DISTANCE OF
75.88 FEET TO A POINT ON A CURVE BEING CONCAVE SOUTHERLY AND
HAVING A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 22008'22" AND A
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Agenda Item No. 10B
November 18, 2008
Page 33 of 102
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CHORD BEARING AND DISTANCE OF NORTH 65010'10" WEST, 38,40 FEET,
RESPECTIVELY; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY UNE RUN
WESTERLY ALONG SAID CURVE AND SAID BOUNDARY UNE OF THE PROPERTY
/4S DESCRIBED IN OFFICIAL RECORDS 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, RESPEcnvELY; THENCE RUN WESTERLY
ALONG SAID CURVE AND SAID BOUNDARY UNE OF THE PROPERTY /4S
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 UNE OF THE PROPERTY /4S
DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260, A DISTANCE OF
236.49 FEET; THENCE RUN SOUTH 02029'06" WEST ALONG SAID BOUNDARY
UNE OF THE PROPERTY /4S DESCRIBED IN OFFICIAL RECORDS BOOK 3344,
PAGE 260, A DISTANCE OF 174.68 FEET TO THE NORTHEASTERLY CORNER OF
"CRYSTAL LAKE TERRACES AT LAr' /4S RECORDED IN PLAT
BOOK 28, PAGES 72 THROU ' CORDS OF COLUER
COUNTY, FLORIDA; THE '. N NORTH 5402 r EST ALONG SAID
BOUNDARY UNE OF THE P /4S 0 RIB I \OFFICIAL RECORDS
BOOK 3344, PAGE 2~/AN R RLY E'oF SAID "CRYSTAL
LAKE TERRACES AT G CE\OF 1052.44 FEET;
THENCE RUN NORTH 35 928 C 0 1 '0.00 FEET; THENCE
RUN NORTH 80000'1 ' F 6 ; THENCE RUN NORTH
35039'28" EAST, A 01 UN SOUTH 54020'32"
EAST, A DISTANCE OF, FEET; THENC 'N N, .~ 35039'28" EAST, A
DISTANCE OF 360.81 F , THENCE RUN SO 119.f5'18" EAST, A DISTANCE
OF 26.69 FEET; THENCE R ~.' " A DISTANCE OF 34,06
FEET TO AN INTERSECTION ~Q: _ ESTERLY RIGHT-OF-WAY UNE
OF U.S. HIGHWAY NO. 41; THENCE Rl.1NSOUTH 54020'32" EAST ALONG SAID
SOUTHWESTERLY RIGHT-OF-WAY UNE, A DISTANCE OF 374.76 FEET TO THE
SAID POINT OF BEGINNING.
CONTAINING 646,291 SQUARE FEET OR 14.84 ACRES OF LAND, MORE OR
LESS.
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Agenda Item NO.1 OB
November 18, 2008
Page 34 of 102
Exhibit B
Legal Description for KRG Eagle Creek IV LLC
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BEING A PART OF THE NORTHWEST V4 OF SECTlON 3, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLUER COUNlY, FLORIDA.
(THE SHOPS AT EAGLE CREEK PAD #5 DESCRIPTION)
ALL THAT PART OF SAID SECTlON 3, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: COMMENCING AT THE EASTERL YMOST CORNER OF THE PLAT
OF THE SHOPS AT EAGLE CREEK, UNIT ONE, ACCORDING TO PLAT BOOK 25,
PAGES 44 THROUGH 45, OF THE PUBUC RECORDS OF COWER COUNlY,
FLORIDA.
THENCE ALONG THE SOUTHWESTERLY RIGHT-OF-WAY UNE OF TAMIAMI
TRAIL (U.S. 41) SOUTH 54020 . ~ -J:ET TO THE POINT OF
BEGINNING; THENCE CO :rtu~-OF-WAY UNE SOUTH
54020'32" EAST 193.09 F~ ENCE LEAVIN SAID,UNE SOUTH 35039'28"
WEST 123.00 FEET; TH.ENC;E ~. 54020~l" W , 1!;l3.09 FEET; THENCE
NORTH 35039'28" EASt 123.oe--FEfT:r.q THE l?OINT,{)F~EGINNING.
CONTAINING 0.55 AC~~~ ~49 '$QUARE FEET MORE
OR LESS. SUBJECT TP ~~M~i ~" ,,0fIq~s pF RECORD.
BEARINGS ARE BASE!\l~. iJtli.INE ~~rLAT OF THE SHOPS
AT EAGLE CREEK, UNi\!J~~'NE, BEING SOLrr~~02p'3J~'
\7\ '1"1' ( /.0/
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Agenda Item No. 10B
November 18, 2008
Page 35 of 102
Exhibit B
Legal Description for ABC Uquors Inc.
PROPERlY DESCRIPTION A PARCEL OF LAND LYING IN THE NORTH WEST
QUARTER OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST,COLUER
COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF
SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLUER COUNTY
FLORIDA, THENCE RUN N 89 DEGREES 23' 53" W, ALONG THE NORTH UNE OF
THE NORTHWEST QUARTER OF SAID SECTION 3, FOR A DISTANCE OF 324.27
FEET TO A POINT ON THE EASTERLY RIGHT OF WAY UNE OF COUNTY ROAD
951 (C.R.. 951); THENCE RUN S 35 DEGREES 40'08" W, ALONG SAID EASTERLY
RIGHT OF WAY UNE, FOR AD s:r~ ~~~~2 FEET TO THE POINT OF
BEGINNING OF THE PARCE ~ ~~RIBED; THENCE RUN S 54
DEGREES 20'16" E FOR ;NCE OF 439 .9~;-..,THENCE RUN 535
DEGREES 39'44"W FOR D OF 190.00 FE'EJ"; ~ENCE RUN N 54
DEGREES 20'16" W FO,R A ISIf: Est. 9 FEEl; TJl(ENCE RUN N 02
DEGREES 12'01" E FOR A m CE RUN N 54
DEGREES 33'42" W R, N 0 2 ] ENCE RUN N 35
DEGREES 4O'36"E FO \"Ai F CE RUN N 54
DEGREES 19'24" W F ET POINT ON SAID
EASTERLY RIGHT OF . THENCE RUN N 35
DEGREES 40'08" E, ALO D EASTERLY ';WAY FOR A DISTANCE
OF 148.39 FEET TO THE . ~, ~J'HE PARCEL OF LAND
DESCRIBED HEREIN. ~',..Z~S)/
Agenda Item NO.1 OB
November 18, 2008
Page 36 of 102
Exhibit B
Legal Description for RealtyNet Real Estate LLC
PIN number 00726724107
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3 51 26 COMM AT NE CNR TR M-1, NB7DEG W 24B.62FT, N02DEG E 271.35FT,
N02DEG E 35.B4FT, S54DEG E 236.49FT, ELY 23.70FT, ALG ARC OF CURVE 2 TT
OF REVERSE CURVE, ELY 38.64FT, S04DEG W 154.42FTTO POB.
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Agenda Item No. 10B
November 18, 2008
Page 37 of 102
exhibit B
Legal Descriptions for Naples Big Cypress Market Place Limited
Partnership, LLLP
PARCEL "A"
LEGAL DESCRIPTION
(OFFICIAL RECORDS BOOK 2812, PAGE 2151
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A PARCEL OF LAND LYING IN THE EAST 112 OF THE EAST V2 OF THE EAST 112 OF
SECTI0N18, TOWNSHIP 51 SOUTH, RANGE 27 EAST LYING NORTH OF U.S. 41,
COWER COUNlY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
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COMMENONG AT A POINT, SAID POINT BEING THE INTERSECTION OF THE
EAST SECTION UNE OF SECTI 51 SOUTH, RANGE 27 EAST,
COLUER COUNlY, FLORID N 7 -OF-WAY UNE OF U.S. 41
AND BEING THE POINT NNING OF THE DESCRIBED PARCEL.
THENCE NORTH 54019' 6" NG TH NOR ~ GHT-OF-WAY UNE OF
U.S. 41 FOR A DISTA E F F E I OF CURVATURE OF A
NON-TANGENT CURV ARC OF SAID CURVE
HAVING A RADIUS 0 36 . ND D BY A CHORD
WHICH BEARS NOR ANCE OF 217.41
FEET FOR AN ARC D EN ,ORTH 00033'23" EAST
236.98 FEET; THENCE . tr~ET TO THE EAST UNE
OF THE AFOREMENTIO IRJ~ SOUTH, RANGE 27
EAST, THENCE SOIJTH 00 SECTION UNE OF A
DISTANCE OF 704.02 FEET INNING.
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CONTAINING 4.30 ACRES, MORE OR LESS.
TOGETHER WITH
LEGAL DESCRIPTION
(A PORTION OF OFFICIAL RECORDS BOOK 2947, PAGE 386)
A PARCEL OF LAND LYING IN THE EAST V2 OF THE EAST V2 OF THE EAST 112 OF
SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST LYING NORTH OF U.S. 41,
COLUER COUNlY, FLORIDA, AND BEING MORE PARTICULALRL Y DESCRIBED AS
FOLLOWS:
COMMENCING AT A POINT, SAID POINT BEING THE INTERSECTION OF THE
EAST SECTION UNE OF SECTION 18, TOWNSHIP 51 SOIJTH, RANGE 27 EAST,
Agenda Item No, 10B
November 18, 2008
Page 38 of 102
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COWER COUNTY, FLORIDA AND THE NORTH RIGHT-OF-WAY LINE OF U.S. 41;
THENCE NORTH 00032'17" EAST, ALONG SAID EAST LINE OF SECTION 18,
704.02 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED
PARCEL; THENCE NORTH 89026'36" WEST, 303.51 FEET; THENCE NORTH
00033'23" EAST, 15.00 FEET; THENCE SOlJTH 89026'36" EAST, 303.51 FEET TO
THE EAST LINE OF THE AFOREMENTIONED SECTION 18, TOWNSHIP 51
SOlJTH, RANGE 27 EAST, THENCE SOlJTH 00032'17" WEST ALONG SAID EAST
SECTION LINE, 15 FEET TO THE POINT OF BEGINNING.
CONTAINING 4.553 SQUARE FEET, MORE OR LESS.
BEARINGS BASED ON THE EAST SECTION LINE OF SECTION 18, TOWNSHIP 51
SOlJTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA AS BEING NORTH
00032'17" EAST.
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TOTAL ACREAGE: 4.40 ACRES, MORE OR LESS.
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PARCEL nBn /i:5?/ 'Z;.;.'
LEGAL DESCRIPTION I / \ \
(OFFICIAL RECORDS BOOlhM2}.eAG 215n~\ \
( 1/7"'\l. )7\
A PARCEL OF LAND LYIN~ I~ V:. ~ IVz OF THE EAST Vz OF
SECTION 18, TOWNS~\S \~~~~ . 27 . iT,l#rf'JG NORTH OF U.s. 41,
COWER ~OUNTY, FL~RA, AND BEING ~~E Pl\RJISMRL Y DESCRIBED AS
FOLLOWS. \ '-1.1 \ '1,,,\ / 10/
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COMMENCING AT A POINr,., INT BE 'I. ,iNTERSECTION OF THE
, ' - - , ~
EAST SECTION LINE OF SE !f1.~F SH 1 SOlJTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA AND RIGHT-OF-WAY LINE OF U.s. 41;
THENCE NORTH 54019'26" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE OF
U.S. 41 FOR 535.53 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
NORTH 54019'26" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE FOR 265.69
FEET; THENCE NORTH 00030'21" EAST 606.58 FEET; THENCE SOlJTH 89029'39"
EAST 200.00 FEET; THENCE SOlJTH 00030'21" WEST 7.96 FEET TO THE POINT
OF CARVATURE OF A NON-TANGENT CURVE TO THE LEFT; THENCE ALONG THE
ARC OF SAID CURVE HAVING A RADIUS OF 50.00 FEET AND BEING SUBTENDED
BY A CHORD WHICH BEARS SOlJTH 04032'11" WEST AND A CHORD DISTANCE
OF 85.20 FEET FOR AN ARC DISTANCE OF 101.99 FEET, TO A POINT OF
REVERSE CURVATURE, THENCE ALONG THE ARC OF SAID CURVING HAVING A
RADIUS OF 40.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS
SOlJTH 41043'39" EAST AND A CHORD DISTANCE OF 16.87 FEET FOR AN ARC
DISTANCE OF 16.99 FEET; THENCE SOlJTH 29033'26" EAST 50.76 FEET TO THE
POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE ALONG THE ARC
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Agenda Item No. 10B
November 18, 2008
Page 39 of 102
OF SAID CURVE HAVING A RADIUS OF 276.00 FEET AND BEING SUBTENDED BY
A CHORD WHICH BEARS SOUTH 14030'01" EAST AND A CHORD DISTANCE OF
143.40 FEET FOR AN ARC DISTANCE OF 145.06 FEET TO A POINT TANGENCY;
THENCE SOUTH 00033'23" WEST 312.84 FEET TO THE POINT OF CURVATURE
OF A CURVE TO THE RIGHT; THENCE ALONG THE ARC OF SAID CURVE HAVING
A RADIUS OF 276.31 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS
SOUTH 18006'59" WEST AND A CHORD DISTANCE OF 166.72 FEET FOR AN ARC
DISTANCE OF 169.36 FEET TO THE POINT OF BEGINNING.
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CONTAINING 3.94 ACRES, MORE OR LESS.
BEARINGS BASED ON THE EAST SECTlON UNE OF SECTlON 18, TOWNSHIP 51
SOUTH, RANGE 27 EAST, COWER COUNTY, FLORIDA AS BEING NORTH
00032'17" EAST.
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I!ARCEL "~
LEGAL DESCRIPTION
(OffiCIAL RECORDS B
PARCEL IN WEST 1/2 F
SOUTHWEST CORNE , S
TO CONCRETE MONU E
THENCE NORTH 0003
NORTH RIGHT-OF-WPi
SOUTH 53055 '40"
POINT IN CENTER UNE
CONTAINING 9.47 ACRES MORE OR LESS.
BEARINGS ARE BASED ON THE NORTH RIGHT-OF-WAY UNE OF
US 41 AS BEING SOUTH 53'55 '40 ' EAST.
*AG Zoning Parcel
Agenda Item NO.1 OB
November 18, 2008
Page 40 of 102
Exhibit B
Legal Description for NBC RV, LLC
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PARCEL _Fn
J-EGAL DESCRIPTION
(OFFICIAL RECORDS BOOK 2947, PAGE 386)
A PARCEL OF LAND LYING IN THE EAST 1/2 OF THE EAST 1/2 OF THE EAST 1/2
OF SEmON 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST LYING NORTH OF U.S.
41, COWER COUNTY, FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENONG AT A POINT. ~,'I THE INTERSEmON OF THE
EAST SEmON UNE OF SE ~ ~ 1 SOUTH, RANGE 27 EAST.
COWER COUN l'Y FLO~! THE NORTH ''-OF-WAY UNE OF U.S.
SAID SEmON 18, TO;TH~P<ltm.oF GIN NG EN E N.89026'36"W, A
DISTANCE OF 303.51 fEE A OF BASIK ROAD.;
THENCE N,00033 '23 fE., I A C 0 E POINT OF
CURVATURE OF A CU .' VIN : US OF 360.00 FEET, A
CENTRAL ANGLE OF 3 '49", A CHORD RI 14030'01'W AND A
I
CHORD LENGTH OF 18 FEET; THENCE, ARC OF SAID CURVE:,
AN ARC LENGTH OF 18 . ET TO THE PO . IO"jNGENCY OF SAID
CURVE:; THENCE N.29033 . DISTA ~.B6.76 FEET TO A POINT ON
A CURVE: TO THE RIGHT. H . -~, ..~ .00 FEET. A CENTRAL
ANGLE OF 24020'0 1, A CHORD B N.17023"27"W AND A CHORD
LENGTH OF 16.86 FEET; THENCE ALONG THE ARC OF SAID CURVE:, AN ARC
LENGTH OF 16.99 FEET TO THE POINT. OF REVERSE CURVATURE OF A CURVE:
TO THE LEFT, HAVING: A RADIUS OF 50.00 FEET. A CENTRAL ANGLE OF
111049'11", A CHORD BEARING OF N.6100Tll"W. AND A CHORD LENGTH of
82.82 FEET; THENCE ALONG THE ARC OF SAID CURVE:, AN ARC LENGTH OF
97.58 FEET TO THE END OF SAID CURVE:; THENCE N.00030'21 "E.. A DISfANCE
OF 2203.66 FEET, THENCE S.88015'58"E., A DISfANCE OF 456.89 FEET TO A
POINT ON THE EAST UNE OF SAID SEmON 18; THENCE S.00032'17"W, A
DISfANCE OF 2550.00 FEET TO THE POINT OF BEGINNING.
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PARCEL CONTAINS 25.7 ACRES, MORE OR LESS.
LF~C; THE FOLLOWING:
Agenda Item NO.1 OB
November 18, 2008
Page 41 of 102
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LEGAL DESCRIPTION
(A PORTION OF OFFICIAL RECORDS BOOK 2947, PAGE 386)
A PARCEL OF LAND LYING IN THE EA5 T 1/2 OF THE EAST 1/2 OF THE EAST
1/2 OF SECTION 78, TOWNSHIP 51 SOUTH, RANGE 27 EAST LYING NORTH OF
U.S. 4 1, COLUER COUNlY. FLORIDA. AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT. SAID POINT BEING THE INTERSECTION OF THE
EAST SEcnON UNE OF SEcnON 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST.
COLUER COUNlY, FLORIDA AND THE NORTH RIGHT-OF-WAY UNE OF U,S. 41;
THENCE N. 00'32.17 E., ALONG SAID EAST UNE OF SECTION 18, 704.02 FEET
TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE
N. 8976'36" W" 303.51 FEET; THENCE N. 00'33'23 " E., 15.00 FEET; THENCE S.
89'26 '36" E., 303.51 FEET TO THE EAST UNE OF THE AFOREMENTIONED
SEcnON 18, TOWNSHIP 51 SO '. . EAST, THENCE S. 00'32'17" W
ALONG SAID EAST SEcnO]ll ~ . .' ~:l}IE POINT OF BEGINNING.
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CONTAINING 4,553 A ORE OF LES\
N 18, TOWNSHIP 51
AS BEING N. 00'32 '17" E.
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Agenda Item NO.1 OB
November 18, 2008
Page 42 of 102
Exhibit B
Legal Descriptions for NBC Land Holdings, LLC
LEGAL DESCRIPTION
PARCEL nl n
BEING A PART OF SECTION 18, TOWNSHIP 51, SOUTH RANGE 27
EAST, COWER COUNTY, FLORIDA.
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COMMENCING AT THE NORTHEAST CORNER OF SECTION 18,
TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY
FLORIDA. THENCE NORTH 88004'41" WEST ALONG THE NORTH
LINE OF SAID SECTION A DISTANCE OF 657.48 FEET TO THE
POINT OF BEGINNING. THENCE LEAVING SAID SECTION LINE SOUTH 00029'48"
WEST A DISTANCE OF 968.59 !"~. -';- RTH 88008'57" WEST A
DISTANCE OF 328.61 FEET;~I ~29~4" EAST A
DISTANCE OF 969.00 FEET.d93.:..~ !~RSECTiOriI-W{TH SAID
NORTH LINE OF SECTI9N ~~UTH 8~004'~" ~ ALONG
SAID SECTION LINE ApIstA~F :p{l.7't~ET T~ THF POINT OF
BEGINNING OF SAID ~E, I ~ 77\ '\
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CONTAINING 7.3 ACRE5~~ ti! E-!
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SUBJECT TO EASEME~~~CTIONS A~~IWATIONS OF RECORD.
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BEARINGS BASED ON TH~~,LINEtpt?N/18,
TOWNSHIP 51 SOUTH, RANGt.2[E ~q 'COUNTY,
FLORIDA, AS BEING NORTH 8800 ' .
*Industrial/AG Parcel
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LEGAL DESCRIPTION
NAPLES BIG CYPRESS LAND CONDOMINIUM - UNIT B
A PARCEL OF LAND LYING WITHIN SECTION 18, TOWNSHIP 51 SOUTH, RANGE
27 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 18, TOWNSHIP 51
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA: THENCE SOUTH
00032'17" WEST, ALONG THE EAST LINE OF SAID SECTION 18, A DISTANCE OF
Agenda Item NO.1 OB
November 18, 2008
Page 43 of 102
681.42 FEET; THENCE NORTH 88016'01" WEST, A DISTANCE OF 456.89 FEET;
THENCE SOUTH 00030'21" WEST, A DISTANCE OF 995.72 FEET TO
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE
CONTINUE SOUTH 00030'21" WEST, A DISTANCE OF 603.18 FEET; THENCE
NORTH 89029'39" WEST, A DISTANCE OF 200.00 FEET THENCE NORTH
00030'21" EAST, A DISTANCE OF 603.18 FEET; THENCE SOUTH 89029'39" EAST,
A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 120,636 SQUARE FEET OR 2.77 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICT10NS AND/OR RESERVATIONS OF RECORD.
~ BEARINGS BASED ON THE EAST LINE SECT10N 18, TOWNNSHIP 51 SOUTH,
~ RANGE 27 EAST, COWER COUNTY, FLORIDA, AS BEING SOUTH 00'32 '17
WEST.
~ *Industrial Parcel
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A PARCEL OF LAND L 1/2 OF THE EAST 1/2
OF SECTION 18, TOW' 51 SOUTH. RA , LYING NORTH OF U.S.
,
41, COWER COUNTY, ~l A, AND BEING ^ It, TICULARL Y DESCRIBED
AS FOLLOWS: 0'>:- ,\^'/
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COMMENCING AT A POINT, SAI~G THE INTERSECT10N OF THE
EAST SECTION LINE OF SECT10N 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST,
COWER COUNTY, FLORIDA AND THE NORTH RIGHT-OF-WAY LINE OF U.S. 41,
THENCE N,00032 '17"E. A DISTANCE OF 704.02 FEET ALONG THE EAST LINE OF
SAID SECT10N 18, THENCE N.89026'36"W. A DISTANCE OF 303.51 FEET TO
THE EAST .RIGHT -OF-WAY OF BASIK ROAD.; THENCE NOo033'23"E. A
DISTANCE OF 75.86 FEET TO THE POINT OF CURVATURE OF A CURVE: TO THE
LEFT; HAVING A RADIUS OF 360.00 FEET, A CENTRAL ANGLE OF 30006'49", A
CHORD BEARING OF N.14030'Ol"W. AND A CHORD LENGTH OF 187.04 FEET;
THENCE ALONG THE ARC OF SAID CURVE. AN ARC LENGTH OF 189.21 FEET TO
THE POINT OF TANGENCY OF SAID CURVE; THENCE N.29033'26"W., A
DISTANCE OF 50.76 FEET TO A POINT ON A CURVE: TO THE RIGHT, HAVING A
RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 24070'0", A CHORD BEARING OF
N.17023n27"W. AND A CHORD LENGTH OF 16.86 FEET; THENCE ALONG THE
ARC OF SAID CURVE. AN ARC LENGTH OF 16.99 FEET TO THE POINT OF
Agenda Item No. 10B
November 18. 2008
Page 44 of 102
REVERSE CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 50.00
FEET, A CENTRAL ANGLE OF 111049'11 ", A CHORD BEARING OF N.61007'U'W.
AND A CHORD LENGTH OF 82.82 FEET; THENCE ALONG THE ARC OF SAID
CURVE AN ARC LENGTH OF 97.58 FEET TO THE END OF SAID CURVE; THENCE
N.00030'21"E., A DISTANCE OF 7.96 FEET; THENCE N. 00030 21"E., A
DISTANCE OF 1600.00 FEET TO THE POINT OF BEGINNING; THENCE
N.89029'39"W. A DISTANCE OF 200.00 FEET; THENCE N.00030 21" E. A
DISTANCE OF 600.00 FEET; THENCE S. 88015'58"E. A DISTANCE OF 200.00
FEE, THENCE S. 00030'21'W A DISTANCE OF 595.72 FEET TO THE POINT OF
BEGINNING.
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CONTAINING 2.74 ACRES MORE OR LESS
*/ndustrial Parcel
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Agenda Item No. 10B
November 18, 2008
Page 45 of 102
Exhibit B
Legal Descriptions for Habitat for Humanity of Collier County
Parcell:
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Commencing at the Southeast comer 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 comer of said Section 12;
thence continue along said East line of Section 12, North 00027'50" East 894.35
feet; thence North 89056'55" West, 443.00 feet for a Place of Beginning; thence
North 89056'55" West, 475.53 feet; thence North 00034'06" East, 490.97 feet;
thence South 89056'55" East, 474.64 feet; thence South 00027'50" West, 490.97
feet to the Place of Beginning; being in the Southwest 1f4 of the Northeast V4 of
Section 12, Township 51 Sou~~lIier County Florida.
/ :v~';\;}'
AND ICP/ ~;;
Po"" 2; U )
Commencing at the u a . qwn hip 51 South, Range
26 East, Colller Coun th : r of said Section 12,
North 00011'20" East, 1f4 cor f said Section 12;
thence continue along :1f aring of North
00027'50" East, 894.35 a set tack; thenc rth 89056'55" West for
918.53 feet to a set iron p~~ rvey ca which is the Point of
Beginning; thence run North '899~ ,~~ ~3.98 feet to the West line of
the Southeast 1f4 of the Northeast v.r=of-5imrSection 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 1f4 of the
Northeast 1f4 of said Section 12 which is marked by a iron pipe with Survey Cap
#L.S 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 1f4 of the Northeast
1f4 of Section 12, Township 51 South, Range 26 East Collier County Florida.
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AND
Parcel 3:
TOGETHER WITH A Non-exclusive access easement for the benefit of Parcel 1
over and across te Southerly thirty (30) feet of the following described property:
Agenda Item NO.1 OB
November 18, 2008
Page 46 of 102
Commencing at the Southeast corner of Section 12, Township 51 south Range
26 East, Collier Count, Florida; thence along the East line of said Section 12,
North 00011 '20" East, 2743.15 fee to the East V4 comer 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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AND
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File Number 1302-5-1164
~~c~------
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The West V2 of the East'/2 ,~ . . west V4 of the Northeast
V4 of Section 12, TownshJP~:SOuth, Range 2 ~St'excePting the North 30 feet
thereof, which is reserv;iJ f<;><road pl,lrposes, and The East V2 of the East V2 of
the East '/2 of the NOr1;n, w~ l!w-of..the)~Prtn,~~'" 12, Tow"",'. 51,
South, Range 26 East,! ex~~' ~ eof, which is reserved for
road purposes, of the IPu~lic s fl' u,,) ~Iorida.
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Agenda Item No. 10B
008
102
US 41/ SR 951 Developer Consortium
EXH18ITC
Aeri&I Pboco O.te: Jan. 2007
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'';''''. . Agenda Item NO.1 OB
- November 18, 2008
Page 56 of 102
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Exhibit G
Agenda Item NO.1 OB
November 18, 2008
Page 60 of 102
PROJECT: :
PARCEL:
FOLIO:
WARRANTY DEED
THIS WARRANTY DEED made this day of ,20_, by,
whose post office box is, (hereinafter referred to as "Grantor") to COLLIER COUNTY, a
political subdivision of the State of Florida, whose post office address is 3301 Tamiami
Trail East, Naples, Florida, 34112 (hereinafter referred to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the
parties to this instrument and their r~~!Jeirs, legal representatives, successors
and assigns, Grantor and Gra91~ ~I'R I@f(9Boc,singular or plural, as the context
requires ,.0; :,.);/---,</\1;;;"
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WITNESSETH: That thi ,Gfanto,r, for and in oonsideration of the sum of Ten
Dollars ($10,00) and ~her ViEflae ,.L;OnSltl')ration\ r~ceipt whereof is hereby
acknowledged, hereby gran~,' ,~ ".. \ ises, releases, conveys and
confirms unto the Grantee, l' that'tie crJai I tar~:v~, lIibr County, Florida, to wit:
I \ '[ \ ,( J I /. !
,- ') ! ,-~
\"'y,,"- <'--"'> "-""'J
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\ ~e attached Exhib~!,\:" V>'hfflf'
It::!~rated herein by 'reJe(l~'
" ','\. /' /
S b' ''o""O/:-''''mietiens:::( "",,,"-/ t' f rd
u ~ect to easement~~~ E !:-~-2.~reserva Ions 0 reco .
THIS HOMESTEAD PROPERTY
TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining,
TO HAVE AND TO HOLD the same in fee simple forever,
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully
seized of said land in fee simple; that the Grantor has good right and lawful authority to
sell and convey said land; that the Grantor hereby fully warrants the title to said land
and will defend the same against the lawful claims of all persons whomsoever; and that
said land is free of all encumbrances except as noted above.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these
presents the day and year first above written,
WITNESSES:
(Signature)
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Agenda Item No, 10B
November 18, 2008
Page 61 of 102
(Signature)
(Print Full Name)
(Signature)
(Print Full Name)
STATE OF
COUNTY OF
day of
as proof of
My Commission Expires:
STATE OF
COUNTY OF
The foregoing Warranty Deed was acknowledged before me this day of
, 20_. by , who:
is personally known to me
OR
produced as proof of
identity.
(affix notarial seal)
(Signature of Notary Public)
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Naples Reserve RPUD
November 18, 2008
Page 62 of 102
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November 18, 2008
Page 64 of 102
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US 41/ SR 951 Developer Consortium
Participating Members Location Map
Exhibit A
0,"11.'2.07
....rioIPl>o1o D.'.: J.n 2007
DeveloperCollsortium
4001 Tamiam,TraIIN.,#300
Naplel,FL34103
.+,
2.000 2.000
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..U'llnPlaMilIl
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Agenda Item NO.1 OB
November 18, 2008
Page 66 of 102
Exhibit "B"
Leaal Descriotion for Naoles Reserve LLC
Section 1, Township 51 South, Range 26 East, Collier County, Florida
Leaal Descriotion for ABC Liauors Inc.
PROPER1Y DESCRIPTION A PARCEL OF LAND LYING IN THE NORTH WEST
QUARTER OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST,COLLIER
COUN1Y FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF
SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUN1Y
FLORIDA, THENCE RUN N 89 DEGREES 23' 53" W, ALONG THE NORTH LINE OF
THE NORTHWEST QUARTER OF SAID SECTION 3, FOR A DISTANCE OF 324.27
FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF COUN1Y 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 151.29 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 COUN1Y 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.
Agenda Item No. 10B
November 18, 2008
Page 67 of 102
Exhibit B
Leaal Description for KRG 951 lit 41 LLC
A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF TRACT "0.5.-3" 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 89055'57" WEST, ALONG THE NORTH LINE OF
SAID TRACT "0.5.-3", FOR A DISTANCE OF 867,07 FEET TO THE NORTHWEST
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 SOUTH 02028'03"
WEST, ALONG SAID LANDS FOR A DISTANCE OF 36,59 FEET TO THE
NORTHERLYMOSTWESTERLY CORNER OF TRACT "C" OF SAID TRAIL RIDGE;
THENCE RUN SOUTH 02030'29" WEST, ALONG THE WESTERLY LINE OF SAID
TRACT "C", FOR A DISTANCE OF 100,09 FEET; THENCE RUN NORTH 90000'00"
WEST, ALONG THE NORTHERLY LINE OF SAID TRACT "C", FOR A DISTANCE OF
100.09 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF STATE ROAD
#951 (RIGHT-OF-WAY VARIES); THENCE RUN NORTH 02030'29" EAST, ALONG
SAID EAST RIGHT-OF -WAY LINE, FOR A DISTANCE OF 140.20 FEET; THENCE
RUN NORTH 04012'04" EAST, ALONG SAID EAST RIGHT-OF-WAY LINE, FOR A
DISTANCE OF 640,85 FEET; THENCE RUN SOUTH 89042'14" EAST FOR A
DISTANCE OF 264.66 FEET; THENCE RUN NORTH 15042'49" WEST FOR A
DISTANCE OF 320.41 FEET; THENCE RUN NORTH 35039'44" EAST FOR A
DISTANCE OF 200.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
LINE OF STATE ROAD No, 90 (TAMIAMI TRAIL 200.00 FOOT RIGHT-OF-WAY);
THENCE RUN SOUTH 54020'16" EAST, ALONG SAID SOUTHERLY RIGHT-OF-WAY
LINE, FOR A DISTANCE OF 1,927,32 FEET; THENCE RUN SOUTH 35039'44"
WEST FOR A DISTANCE OF 400,00 FEET TO A POINT ON THE NORTHERLY LINE
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
Agenda Item NO.1 OB
November 18, 2008
Page 68 of 102
Exhibit B
Leaal Description for Kite Eaale Creek II LLC
A PARCEL OF LAND LOCATED IN SEmON 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
CREEK AS RECORDED IN PLAT BOOK 16, PAGES 30 AND 31 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE 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 THE
NORTHWESTERLY CORNER OF "LOT 2 CAPRI COMMERCIAL CENTER REPLAT"
AS RECORDED IN PLAT BOOK 35, PAGE 85 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA FOR A POINT OF BEGINNING. FROM SAID POINT
RUN SOUTH 35039'28" WEST ALONG THE WESTERLY LINE 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 LINE OF SAID "LOT 2 CAPRI COMMERCIAL CENTER
REPLAT", A DISTANCE OF 171.00 FEET TO THE SOUTHEASTERLY CORNER OF
SAID "LOT 2 CAPRI COMMERCIAL CENTER REPLAT"; THENCE RUN NORTH
35039'28" EAST ALONG THE EASTERLY LINE OF SAID "LOT 2 CAPRI
COMMERCIAL CENTER REPLAT", A DISTANCE OF 23,00 FEET TO AN
INTERSEmON WITH THE SOUTHERLY LINE OF LOT 1 OF SAID "CAPRI
COMMERCIAL CENTER"; THENCE RUN SOUTH 54020'32" EAST ALONG SAID
SOUTHERLY LINE, A DISTANCE OF 226,05 FEET TO THE SOUTHEAST CORNER
OF SAID LOT 1; THENCE RUN NORTH 35039'28" EAST ALONG THE EAST LINE
OF SAID LOT 1, A DISTANCE OF 165.15 FEET; THENCE RUN NORTH 31038'24"
EAST ALONG SAID EAST LINE, A DISTANCE OF 43.40 FEET TO AN
INTERSECTION WITH THE WEST LINE OF LOT 5 OF SAID "CAPRI COMMERCIAL
CENTER"; THENCE RUN SOUTH 04013'24" WEST ALONG SAID WEST LINE, A
DISTANCE OF 300.05 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF
SAID "CAPRI COMMERCIAL CENTER"; THENCE RUN SOUTH 87029'51" EAST
ALONG SAID SOUTH LINE, A DISTANCE OF 0,19 FEET TO AN INTERSECTION
WITH THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 951, COLLIER
BOULEVARD, AS DESCRIBED IN THE ORDER OF TAKING AS RECORDED IN
OFFICIAL RECORDS BOOK 2630, PAGE 2773 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 04010'08" WEST ALONG
Agenda Item No. 10B
November 18, 2008
Page 69 of 102
SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 136.65 TO THE NORTH
LINE OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 2699, PAGE
792; THENCE RUN NORTH 85002'55" WEST ALONG SAID NORTH LINE, A
DISTANCE OF 226.52 FEET TO AN INTERSEcrION WITH THE BOUNDARY LINE
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 LINE AND THE WEST LINE OF
SAID PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 2699, PAGE 792, A
DISTANCE OF 78.24 FEET; THENCE RUN SOUTH 35039'28" WEST ALONG SAID
BOUNDARY LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS
BOOK 3344, PAGE 260 AND SAID WEST LINE OF THE PROPERTY DESCRIBED IN
OFFICIAL RECORDS BOOK 2699, PAGE 792, A DISTANCE OF 33.43 FEET;
THENCE RUN SOUTH 54020'32" EAST ALONG SAID BOUNDARY LINE OF THE
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,
RESPECTIVELY; 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 SAID PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, A DISTANCE OF 68.63 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 PROPERTY DESCRIBED
BY THE ORDER OF TAKING AS RECORDED IN OFFICIAL RECORDS BOOK 2605,
PAGE 3232, SAID CURVE BEING CONCAVE NORTHERLY AND HAVING A RADIUS
OF 50,00 FEET, A CENTRAL ANGLE OF 12059'48" AND A CHORD BEARING AND
DISTANCE OF NORTH 85059'11" EAST, 11.32 FEET, RESPEcrIVELY; THENCE
RUN EASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 11.34 FEET TO AN
INTERSECTION WITH SAID WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD
951, COLLIER BOULEVARD; THENCE RUN SOUTH 04057'05" WEST ALONG SAID
WESTERLY RIGHT-OF-WAY LINE AND SAID BOUNDARY LINE OF THE PROPERTY
AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260, A DISTANCE OF
75.88 FEET TO A POINT ON A CURVE BEING CONCAVE SOUTHERLY AND
HAVING A RADIUS OF 100,00 FEET, A CENTRAL ANGLE OF 22008'22" AND A
Agenda Item No. 10B
November 18. 2008
Page 70 of 102
CHORD BEARING AND DISTANCE OF NORTH 65010'10" WEST, 38.40 FEET,
RESPECTIVELY; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE 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 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, RESPECTIVELY; 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 02029'06" 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
"CRYSTAL LAKE TERRACES AT EAGLE CREEK REPLAT" AS RECORDED IN PLAT
BOOK 28, PAGES 72 THROUGH 74 OF SAID PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA; THENCE RUN NORTH 54020'32" WEST ALONG SAID
BOUNDARY LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS
BOOK 3344, PAGE 260 AND THE NORTHEASTERLY LINE OF SAID "CRYSTAL
LAKE TERRACES AT EAGLE CREEK REPLAT", A DISTANCE OF 1052.44 FEET;
THENCE RUN NORTH 35039'28" EAST, A DISTANCE OF 100.00 FEET; THENCE
RUN NORTH 80000'15" EAST, A DISTANCE OF 63,72 FEET; THENCE RUN NORTH
35039'28" EAST, A DISTANCE OF 260,11 FEET; THENCE RUN SOUTH 54020'32"
EAST, A DISTANCE OF 33.46 FEET; THENCE RUN NORTH 35039'28" EAST, A
DISTANCE OF 360,81 FEET; THENCE RUN SOUTH 54015'18" EAST, A DISTANCE
OF 26.69 FEET; THENCE RUN NORTH 35044'42" EAST, A DISTANCE OF 34,06
FEET TO AN INTERSECTION WITH SAID SOUTHWESTERLY 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,
CONTAINING 646,291 SQUARE FEET OR 14.84 ACRES OF LAND, MORE OR
LESS.
Agenda Item NO.1 OB
November 18, 2008
Page 71 of 102
Exhibit B
Legal DescriDtion for KRG Eagle Creek IV LLC
BEING A PART OF THE NORTHWEST V4 OF SECTION 3, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLLIER COUN1Y, FLORIDA.
(THE SHOPS AT EAGLE CREEK PAD #5 DESCRIPTION)
ALL THAT PART OF SAID SECTION 3, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: COMMENCING AT THE EASTERLYMOST CORNER OF THE PLAT
OF THE SHOPS AT EAGLE CREEK, UNIT ONE, ACCORDING TO PLAT BOOK 25,
PAGES 44 THROUGH 45, OF THE PUBLIC RECORDS OF COLLIER COUN1Y,
FLORIDA.
THENCE ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF TAMIAMI
TRAIL (U.s. 41) 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,
Legal DescriDtion for RealtvNet Real Estate LLC
PIN number 00726724107
Legal
3 51 26 COMM AT NE CNR TR M-1, 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, ELY 38,64FT, S04DEG W 154.42FT TO POB,
Agenda Item No. 10B
November 18, 2008
Page 72 of 102
Exhibit B
Leaal Descriotion for NBC RV. LLC
PARCEL -f"
LEGAL DESCRIPTION
(OFFICIAL RECORDS BOOK 2947, PAGE 386)
A PARCEL OF LAND LYING IN THE EAST 1/2 OF THE EAST 1/2 OF THE EAST 1/2
OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST LYING NORTH OF U.S,
41, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENONG AT A POINT. SAID PO/NT BEING THE INTERSECTION OF THE
EAST SECTION LINE OF SECTION 18, TOWNSHIP 5 1 SOUTH, RANGE 27 EAST,
COLLIER COUN TY FLORIDA AND THE NORTH RIGHT-OF-WAY LINE OF U,S.
41,THENCE N,00032'17'' E, A DISTANCE OF 704.02 ALONG THE EAST LINE OF
SAID SECTION 18, TO THE POINT OF BEGINNING THENCE N.89026'36"W, A
DISTANCE OF 303,51 FEET TO THE EAST RIGHT-OF- WAY OF BASIK ROAD.;
THENCE N.00033 '23 "E., A DISTANCE OF 75.86 FEET TO THE POINT OF
CURVATURE OF A CURVE: TO THE LEFT, HAVING: A RADIUS OF 360,00 FEET, A
CENTRAL ANGLE OF 30006'49", A CHORD BEARING OF N,14030'01'W AND A
CHORD LENGTH OF 187,04 FEET; THENCE ,ALONG THE ARC OF SAID CURVE:,
AN ARC LENGTH OF 189,21 FEET TO THE POINT OF TANGENCY OF SAID
CURVE:; THENCE N,29033"26 "W" A DISTANCE OF 50.76 FEET TO A POINT ON
A CURVE: TO THE RIGHT, HAVING A RADIUS OF 40,00 FEET, A CENTRAL
ANGLE OF 24020'01, A CHORD BEARING OF N.17023"27"W AND A CHORD
LENGTH OF 16.86 FEET; THENCE ALONG THE ARC OF SAID CURVE:, AN ARC
LENGTH OF 16.99 FEET TO THE POINT. OF REVERSE CURVATURE OF A CURVE:
TO THE LEFT, HAVING: A RADIUS OF 50,00 FEET, A CENTRAL ANGLE OF
111049'11", A CHORD BEARING OF N,61007'11"W, AND A CHORD LENGTH of
82.82 FEET; THENCE ALONG THE ARC OF SAID CURVE:, AN ARC LENGTH OF
97,58 FEET TO THE END OF SAID CURVE:; THENCE N.00030'21"E.. A DISTANCE
OF 2203.66 FEET, THENCE S.88015'58"E" A DISTANCE OF 456.89 FEET TO A
POINT ON THE EAST LINE OF SAID SECTION 18; THENCE S.00032'17"W, A
DISTANCE OF 2550,00 FEET TO THE POINT OF BEGINNING,
PARCEL CONTAINS 25,7 ACRES, MORE OR LESS,
Agenda Item NO.1 OB
November 18, 2008
Page 73 of 102
LESS THE FOLLOWING:
LEGAL DESCRIPTION
(A PORTION OF OFFICIAL RECORDS BOOK 2947, PAGE 386)
A PARCEL OF LAND LYING IN THE EA5 T 1/2 OF THE EAST 1/2 OF THE EAST
1/2 OF SECTION 78, TOWNSHIP 51 SOUTH, RANGE 27 EAST LYING NORTH OF
U.S. 4 1, COLLIER COUNTY. FLORIDA. AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT. SAID POINT BEING THE INTERSECTION OF THE
EAST SECTION LINE OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST.
COLLIER COUNTY. FLORIDA AND THE NORTH RIGHT-OF-WAY LINE OF U.s. 41;
THENCE N, 00'32.17 E" ALONG SAID EAST LINE OF SECTION 18,704,02 FEET
TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE
N, 8976'36" W" 303.51 FEET; THENCE N. 00'33'23 " E., 15.00 FEET; THENCE S.
89'26 '36" E., 303.51 FEET TO THE EAST LINE OF THE AFOREMENTIONED
SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, THENCE S. 00'32'17" W
ALONG SAID EAST SECTION LINE, 15.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 4,553 SOUARE FEET, MORE OF LESS,
BEARINGS BASED ON THE EAST SECTION LINE OF SECTION 18, TOWNSHIP 51
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA AS BEING N. 00'32 '17" E.
TOTAL ACREAGE: 25.6 ACRES, MORE OR LESS
Agenda Item NO.1 OB
November 18, 2008
Page 74 of 102
Exhibit B
Leaal Descriptions for NBC Land Holdinas. LLC
LEGAL DESCRIPTION
PARCEL "1 n
BEING A PART OF SECTION 18, TOWNSHIP 51, SOUTH RANGE 27
EAST, COLLIER COUN1Y, FLORIDA,
COMMENCING AT THE NORTHEAST CORNER OF SECTION 18,
TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUN1Y
FLORIDA, THENCE NORTH 88004'41" WEST ALONG THE NORTH
LINE OF SAID SECTION A DISTANCE OF 657.48 FEET TO THE
POINT OF BEGINNING. THENCE LEAVING SAID SECTION LINE SOUTH 00029'48"
WEST A DISTANCE OF 968.59 FEET; THENCE NORTH 88008'57" WEST A
DISTANCE OF 328,61 FEET; THENCE NORTH 00029'24" EAST A
DISTANCE OF 969,00 FEET TO THE INTERSECTION WITH SAID
NORTH LINE OF SECTION THENCE SOUTH 88004'41" EAST ALONG
SAID SECTION LINE A DISTANCE OF 328.74 FEET TO THE POINT OF
BEGINNING OF SAID HEREIN DESCRIBED PARCEL
CONTAINING 7.3 ACRES MORE OR LESS
SUBJECT TO EASEMENTS, RESTRICTIONS AND/OR RESERVATIONS OF RECORD,
BEARINGS BASED ON THE NORTH LINE OF SECTION 18,
TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUN1Y,
FLORIDA, AS BEING NORTH 88004'41" WEST.
*lndustrial/AG Parcel
LEGAL DESCRIPTION
NAPLES BIG CYPRESS LAND CONDOMINIUM - UNIT B
A PARCEL OF LAND LYING WITHIN SECTION 18, TOWNSHIP 51 SOUTH, RANGE
27 EAST, COLLIER COUN1Y, FLORIDA. BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 18, TOWNSHIP 51
SOUTH, RANGE 27 EAST, COLLIER COUN1Y, FLORIDA: THENCE SOUTH
00032'17" WEST, ALONG THE EAST LINE OF SAID SECTION 18, A DISTANCE OF
Agenda Item No. 10B
November 18, 2008
Page 75 of 102
681.42 FEET; THENCE NORTH 88016'01" WEST, A DISTANCE OF 456.89 FEET;
THENCE SOUTH 00030'21" WEST, A DISTANCE OF 995.72 FEET TO
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE
CONTINUE SOUTH 00030'21" WEST, A DISTANCE OF 603,18 FEET; THENCE
NORTH 89029'39" WEST, A DISTANCE OF 200.00 FEET THENCE NORTH
00030'21" EAST, A DISTANCE OF 603.18 FEET; THENCE SOUTH 89029'39" EAST,
A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 120,636 SQUARE FEET OR 2.77 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS AND/OR RESERVATIONS OF RECORD.
BEARINGS BASED ON THE EAST LINE SECTION 18, TOWNNSHIP 51 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA, AS BEING SOUTH 00'32 '17
WEST.
*Industrial Parcel
AND
LEGAL DESCRIPTION
PARCEL 'E'
A PARCEL OF LAND LYING IN THE EAST 1/2 OF THE EAST 1/2 OF THE EAST 1/2
OF SECTION 18, TOWNSHIP 51 SOUTH. RANGE 27 EAST, LYING NORTH OF U.S.
41, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT A POINT, SAID POINT BEING THE INTERSECTION OF THE
EAST SECTION LINE OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA AND THE NORTH RIGHT-OF-WAY LINE OF u.s. 41,
THENCE N.00032 'l7"E. A DISTANCE OF 704.02 FEET ALONG THE EAST LINE OF
SAID SECTION 18, THENCE N.89026'36"W. A DISTANCE OF 303.51 FEET TO
THE EAST ,RIGHT-OF-WAY OF BASIK ROAD,; THENCE NOo033'23"E. A
DISTANCE OF 75,86 FEET TO THE POINT OF CURVATURE OF A CURVE: TO THE
LEFT; HAVING A RADIUS OF 360.00 FEET, A CENTRAL ANGLE OF 30006'49", A
CHORD BEARING OF N.14030'01"W. AND A CHORD LENGTH OF 187.04 FEET;
THENCE ALONG THE ARC OF SAID CURVE. AN ARC LENGTH OF 189.21 FEET TO
THE POINT OF TANGENCY OF SAID CURVE; THENCE N.29033'26"W., A
DISTANCE OF 50.76 FEET TO A POINT ON A CURVE: TO THE RIGHT, HAVING A
RADIUS OF 40,00 FEET, A CENTRAL ANGLE OF 24070'0", A CHORD BEARING OF
N.17023"27"W. AND A CHORD LENGTH OF 16.86 FEET; THENCE ALONG THE
ARC OF SAID CURVE. AN ARC LENGTH OF 16,99 FEET TO THE POINT OF
Agenda Item NO.1 OB
November 18, 2008
Page 76 of 102
REVERSE CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 50.00
FEET, A CENTRAL ANGLE OF 111049'11 ", A CHORD BEARING OF N.61007'11'W,
AND A CHORD LENGTH OF 82.82 FEET; THENCE ALONG THE ARC OF SAID
CURVE AN ARC LENGTH OF 97.58 FEET TO THE END OF SAID CURVE; THENCE
N,00030'21''E., A DISTANCE OF 7,96 FEET; THENCE N, 00030 21"E., A
DISTANCE OF 1600.00 FEET TO THE POINT OF BEGINNING; THENCE
N,89029'39"W, A DISTANCE OF 200,00 FEET; THENCE N,00030 21" E. A
DISTANCE OF 600.00 FEET; THENCE S. 88015'58"E, A DISTANCE OF 200,00
FEE, THENCE S, 00030'21"W A DISTANCE OF 595,72 FEET TO THE POINT OF
BEGINNING,
CONTAINING 2,74 ACRES MORE OR LESS
*Industrial Parcel
Leaal Descriptions for Habitat for Humanitv 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 East line of Section 12, North 00027'50" East 894.35
feet; thence North 89056'55" West, 443,00 feet for a Place of Beginning; thence
North 89056'55" West, 475,53 feet; thence North 00034'06" East, 490,97 feet;
thence South 89056'55" East, 474.64 feet; thence South 00027'50" West, 490.97
feet to the Place of Beginning; being in the Southwest V4 of the Northeast V4 of
Section 12, Township 51 South, Range 26 East, Collier County Florida.
AND
Parcel 2;
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 East line of Section 12, on a bearing of North
00027'50" East, 894,35 feet to a set tack; thence 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 V4 of the Northeast V4 of said Section 12 which is marked by a set
Agenda Item NO.1 OB
November 18, 2008
Page 77 of 102
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 V4 of the
Northeast V4 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 V4 of the Northeast
V4 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 Parcell
over and across the Southerly thirty (30) feet of the following described
property:
Commencing at the Southeast corner of Section 12, Township 51 south Range
26 East, Collier Count, Florida; thence along the East line of said Section 12,
North 00011'20" East, 2743,15 fee to the East V4 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.
AND
File Number 1302-5-1164
The West V2 of the East 1/2 of the East V2 of the Northwest V4 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 V2 of the East 1/2 of
the East V2 of the Northwest V4 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, of the Public Records of Collier County, Florida,
Agenda Item No. 10B
November 18, 2008
Page 78 of 102
Exhibit B
Leaal Descriotions for TOUSA Homes Inc
REFLECTION LAKES AT NAPLES PHASE 3J
A PORTION OF TRACT RD-4, REFLECTION LAKES AT NAPLES UNIT II (PHASE
II & III), AS RECORDED IN PLAT BOOK 46 AT PAGES 33 THROUGH 42 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF TRACT RD-4, REFLECTION LAKES
AT NAPLES UNIT II (PHASE II & III), AS RECORDED IN PLAT BOOK 46 AT
PAGES 33 THROUGH 42 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, THENCE RUN S,00035'I4''W., ALONG THE BOUNDARY OF SAID
TRACT RD-4, FOR A DISTANCE OF 656.92 FEET; THENCE RUN N.89024'46"W.
FOR A DISTANCE OF 125.00 FEET TO A POINT ON THE BOUNDARY OF SAID
TRACT RD-4; THENCE RUN N,00035'14''E., ALONG THE BOUNDARY OF SAID
TRACT RD-4, FOR A DISTANCE OF 631.76 FEET TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE SOUTHEAST; THENCE
RUN NORTHEASTERLY, ALONG THE BOUNDARY OF SAID TRACT RD-4 AND
ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF
25,00 FEET, THROUGH A CENTRAL ANGLE OF 96018'37", SUBTENDED BY A
CHORD OF 37,25 FEET AT A BEARING OF N.48044'33"E., FOR A DISTANCE OF
42,02 FEET TO A POINT OF REVERSE CURVE; THENCE RUN EASTERLY,
ALONG THE BOUNDARY OF SAID TRACT RD-4 AND ALONG THE ARC OF
SAID CURVE TO THE LEFT, HAVING A RADIUS OF 430,00 FEET, THROUGH A
CENTRAL ANGLE OF 12059'11", SUBTENDED BY A CHORD OF 97,25 FEET AT
A BEARING OF S,89035'45"E" FOR A DISTANCE OF 97.46 FEET TO THE POINT
OF BEGINNING. PARCEL CONTAINS 1.877 ACRES, MORE OR LESS.
AND
Agenda Item NO.1 OB
November 18, 2008
Page 79 of 102
REFLECTION LAKES AT NAPLES,
PHASE 3 MULTI-FAMILY PARCELS
TRACT MF-3 AND TRACT MF-4 OF REFLECTION LAKES AT NAPLES - UNIT II
(PHASE II & III), ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 46 AT PAGES 33 THROUGH 42 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
AND
REFLECTION LAKES AT NAPLES, PHASE 31
TRACT RD-5, REFLECTION LAKES AT NAPLES UNIT II (PHASE II & III), AS
RECORDED IN PLAT BOOK 46 AT PAGES 33 THROUGH 42 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF TRACT RD-5, REFLECTION LAKES
AT NAPLES UNIT II (PHASE II & III), AS RECORDED IN PLAT BOOK 46 AT
PAGES 33 THROUGH 42 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE RUN S.76044'55"E" ALONG THE BOUNDARY OF SAID
TRACT RD-5, FOR A DISTANCE OF 67,88 FEET TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE NORTH; THENCE RUN
EASTERLY, ALONG THE BOUNDARY OF SAID TRACT RD-5 AND ALONG THE
ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 255.00 FEET,
THROUGH A CENTRAL ANGLE OF 27024'13", SUBTENDED BY A CHORD OF
120.80 FEET AT A BEARING OF N.89032'59"E" FOR A DISTANCE OF 121.96
FEET TO THE END OF SAID CURVE; THENCE RUN N.75050'52"E., ALONG THE
BOUNDARY OF SAID TRACT RD-5, FOR A DISTANCE OF 212.75 FEET TO THE
BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE
SOUTH; THENCE RUN EASTERLY, ALONG THE BOUNDARY OF SAID TRACT RD-
5 AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF
545.00 FEET, THROUGH A CENTRAL ANGLE OF 09046'37", SUBTENDED BY A
CHORD OF 92.89 FEET AT A BEARING OF N,80044'1l"E"
FOR A DISTANCE OF 93,00 FEET TO THE END OF SAID CURVE; THENCE RUN
S.04022'31"E., ALONG THE BOUNDARY OF SAID TRACT RD-5, FOR A
DISTANCE OF 125.00 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE
TO THE SOUTH, FROM WHICH THE RADIUS POINT BEARS 5.04022'31 "E., A
DISTANCE OF 420.00 FEET THEREFROM; THENCE RUN WESTERLY, ALONG
THE BOUNDARY OF SAID TRACT RD-5 AND ALONG THE ARC OF SAID
CURVE TO THE LEFT, HAVING A RADIUS OF 420.00 FEET, THROUGH A
CENTRAL ANGLE OF 09046'37", SUBTENDED BY A CHORD OF 71.58 FEET AT
A BEARING OF S.80044'll"W., FOR A DISTANCE OF 71.67 FEET TO THE END
Agenda Item NO.1 OB
November 18, 2008
Page 80 of 102
OF SAID CURVE; THENCE RUN S.75050'52"W., ALONG THE BOUNDARY OF
SAID TRACT RD-5, FOR A DISTANCE OF 212.75 FEET TO THE BEGINNING OF
A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE NORTH; THENCE
RUN WESTERLY, ALONG THE BOUNDARY OF SAID TRACT RD-5 AND
ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF
380.00 FEET, THROUGH A CENTRAL ANGLE OF 27024'13", SUBTENDED BY A
CHORD OF 180,02 FEET AT A BEARING OF S,89032'59"W" FOR A DISTANCE OF
181.75 FEET TO THE END OF SAID CURVE; THENCE RUN N,76044'55"W"
ALONG THE BOUNDARY OF SAID TRACT RD-5, FOR A DISTANCE OF 67.88
FEET; THENCE RUN N,13015'05"E., ALONG THE BOUNDARY OF SAID TRACT
RD-5, FOR A DISTANCE OF 125,00 FEET TO THE POINT OF BEGINNING,
PARCEL CONTAINS 1.477 ACRES, MORE OR LESS.
TOGETHER WITH
A PORTION OF TRACT RD-3, REFLECTION LAKES AT NAPLES UNIT II
(PHASE II & III), AS RECORDED IN PLAT BOOK 46 AT PAGES 33 THROUGH 42
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF TRACT RD-3, REFLECTION LAKES
AT NAPLES UNIT II (PHASE II & III), AS RECORDED IN PLAT BOOK 46 AT
PAGES 33 THROUGH 42 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE RUN N.43015'07"E., ALONG THE BOUNDARY OF SAID
TRACT RD-3, FOR A DISTANCE OF 157.50 FEET; THENCE RUN S.76044'55"E"
ALONG THE BOUNDARY OF SAID TRACT RD-3, FOR A DISTANCE OF 19,00
FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE
TO THE SOUTHWEST; THENCE RUN SOUTHEASTERLY, ALONG THE
BOUNDARY OF SAID TRACT RD-3 AND ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 25,00 FEET, THROUGH A CENTRAL
ANGLE OF 77020'09", SUBTENDED BY A CHORD OF 31.24 FEET AT A BEARING
OF S,38004'51 "E" FOR A DISTANCE OF 33,74 FEET TO THE END OF SAID
CURVE; THENCE RUN S.00035'14"W" ALONG THE BOUNDARY OF SAID
TRACT RD-3, FOR A DISTANCE OF 239.42 FEET; THENCE RUN N.77009'49"W.
FOR A DISTANCE OF 134.56 FEET TO A POINT ON THE BOUNDARY OF SAID
TRACT RD-3, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE
TO THE WEST, FROM WHICH THE RADIUS POINT BEARS N.64032'14"W" A
DISTANCE OF 70,00 FEET THEREFROM; THENCE RUN NORTHERLY, ALONG
THE BOUNDARY OF SAID TRACT RD-3 AND ALONG THE ARC OF SAID
CURVE TO THE LEFT, HAVING A RADIUS OF 70,00 FEET, THROUGH A
CENTRAL ANGLE OF 24052'32", SUBTENDED BY A CHORD OF 30.15 FEET AT
A BEARING OF N,I3001 '30"E" FOR A DISTANCE OF 30.39 FEET TO THE END OF
SAID CURVE; THENCE RUN N.00035'14"E., ALONG THE BOUNDARY OF SAID
TRACT RD-3, FOR A DISTANCE OF 45.39 FEET TO THE BEGINNING OF A
Agenda Item No. 10B
November 18, 2008
Page 81 of 102
TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE WEST; THENCE RUN
NORTHERLY, ALONG THE BOUNDARY OF SAID TRACT RD-3 AND ALONG
THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 70.00 FEET,
THROUGH A CENTRAL ANGLE OF 44010'27", SUBTENDED BY A CHORD OF
52,64 FEET AT A BEARING OF N,21 030'00"W., FOR A DISTANCE OF 53,97 FEET
TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.644 ACRE, MORE OR
LESS.
mOON
000
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EXHIBIT D
Agenda Item No. 10B
November 18, 2008
Page 83 of 102
DEVELOPER CONTRIBUTION AGREEMENT
ROAD IMPACT FEE LEDGER
Sample Impact fee ledger
I Beginning Balancel'
DATE PERMIT # CREDIT AMT BALANCE COMMENTS
Beainnina Balance'
*Each Developer shall receive Road Impact Fee Credits as set forth in attached Exhibit "C"
Agenda Item No.1 OB
November 18, 2008
Page 84 of 102
AMENDED DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM
THIS AMENDED DEVELOPER CONTRIBUTION AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered into this of , 2008, 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 NAPLES RESERVE,
LLC, a Florida limited liability company (the "Reserve"), KITE EAGLE CREEK II, LLC, an
Indiana limited liability company, KRG EAGLE CREEK rv , LLC, an Indiana limited liability
company, KRG 951 & 41, LLC, an Indiana limited liability company, TOUSA HOMES, INC., a
Florida corporation, ABC LIQUORS, INC., a Florida corporation, NBC RV, LLC, a Florida
limited liability company, NBC LAND HOLDINGS. LLC, a Florida limited liability company,
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 "Consortium Developers" or the "Consortium") and COLLIER COUNTY. FLORIDA. a
political subdivision of the State of Florida (hereinafter referred to as "County"l, and hereby
amends, restates, supercedes, and replaces in it entirety that certain "Developer Contribution
Agreement-US 41 Developers' Consortium" dated November 13,2007, recorded November 16,
2007, in Official Records Book 4303 at Page 2349 of the Official Records of Collier County,
Florida. All capitalized terms not defined herein shall have the same meaning as set forth in the
Collier County Consolidated Impact Fee Ordinance, Ordinance
No, 2001-13, as amended,
RECITALS:
WHEREAS, the Consortium Developers each own or control portions of the
development projects (each a "Development" and collectively, the "Developments"), identified
graphically in Exhibit "A" and by legal descriptions in Exhibit "B" and located in unincorporated
Collier County, Florida; and
WHEREAS, LDC Section IO,02,07.C.4. provides that "Upon approval by the Board of
County Commissioners, any applicant shall enter into an enforceable development agreement
with Collier County pursuant to the provisions ofF,S. 99163.3220--163,3242 or other agreement
acceptable to the Board of County Commissioners, in conjunction with the approval of a
development order andlor a certificate of public facility adequacy. The effect of the
development agreement shall bc to bind the partics pursuant to the terms and conditions of the
development agreement and the certificate of public facility adequacy in order to insure that
adequate public facilitics are available to serve the proposed development concurrent with when
the impacts of the development occur on the public facilities;" and
- I -
Agenda Item No. 10B
November 18, 2008
Page 85 of 102
WHEREAS, on November 13,2007, the County and most of the Consortium Developers
entered into a Developer Contribution Agreement in which each Developer was to be granted
vested concurrency rights with respect to the Development owned or controlled by it, in
exchange for the Consortium Developers fully funding, at their sole cost and expense, the design,
pennitting, construction, Construction-Engineering and Inspection (CEI), and land acquisition
for a Road Project consisting of (1) at grade intersection improvements at the intersection of CR
Route 951 and SR Route 4 I, (2) six-lane road improvements from the intersection of CR Route
951 and SR Route 41 to Henderson Creek, and (3) four-lane road improvements from Henderson
Creek to 0.25 miles east of Naples Reserve Blvd; and,
WHEREAS, because of recent changes in economic circumstances, the Consortium
Developers are unable to meet their obligations under the November] 3, 2007 agreement; and
WHEREAS, the County has continued to evaluate various options, including at grade
improvement at the intersection of US4l and SR-CR95l that would also be the footprint for the
ultimate grade separated improvement (See exhibits I "at grade" and 2 "grade separated"). The
estimated cost for the "at grade" improvement. which includes right of way is approximately
$18,700,000 and project contingency amount of $3,822,003.65 for a total of $22,522,003.65,
The ultimate "grade separated" improvement is estimated at an additional $35,300,000, This
intersection is identified in the County's Long Range Transportation Plan (LRTP) as grade
separated; and
WHEREAS, the County is willing to enter into this Agreement in order to help fund and
accelerate the improvement of this intersection; and
WHEREAS, the Transportation Administrator of the County has recommended to the
Board of County Commissioners that the improvements set forth in this Agreement (hereinafter
referred to as the "Proposed Plan") is in the conformity with the contemplated improvements and
additions to the County's transportation network; and
WHEREAS, after reasoned consideration by the Board of County Commissioners, the
Board finds and reaffinns that:
a. The Proposed Plan is in confonnity 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
comprehensive plan, the Long Range Transportation Plan and complies with the
requirements of the Collier County Consolidated Impact Fee Ordinance,
- 2 -
Agenda Item No. 10B
November 18, 2008
Page 86 of 102
WITNESSETH
NOW, lliEREFORE, in consideration of Ten Dollars (10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
I. 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 that it will provide a PD&E reevaluation, design, permit,
acquire all necessary right-of-way and construct at grade improvement at the intersection of
US41 and SR-CR95l that would also be the footprint for the ultimate grade separated
improvement (the "Project"), The County will identifY the Project within the Capital
Improvement Element (CIE) fiscal year 2013, If the Project is ready for construction in fiscal
2012, the County will accelerate the Project accordingly, It is understood by all parties that the
Project is subje<:t to FDOT approval and requires an acceptance of the reevaluated PD&E and all
permitting approvals. The County will pursue entering into a Local Agency Program (LAP) or
Joint Participation Agreement (JPA) with FDOT, as appropriate.
3, Within thirty (30) days after the Effective Date, the Consortium Developers shall
pay to the County in cash the sum of $3,000,000,00. The County will use these fimds to proceed
with a PD&E update, design, and right of way acquisition for the Project. Subject to paragraph
5, these fimds are non-refimdable, regardless of if and when the County commences or completes
this Project.
4, As set forth in Exhibit C (the "Milestone Schedule"), Developers shall pay
County an additional $19,522,003.65 in Anticipated Road Impact Fees towards construction of
the Project. Impact Fees must be paid in accordance with the Collier County Consolidated
Impact Fee Ordinance, however, each Developer shall be required to fully pay to the County its
Anticipated Road Impact Fee Amount (or the applicable portion thereof) no later than the dates
set forth in the Milestone Schedule. If Road Impact Fees are increased, then the amount to be
paid shall be based on the then current road impact fee rate, Each Developer's actual payment
for Road Impact Fees shall be credited against the Anticipated Road Impact Fee Amount. If
Road Impact Fees are reduced, no credit will be granted against the Anticipated Road Impact Fee
Amount for such reduction, Nothing contained herein or in the Milestone 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.
- 3 -
Agenda Item No. 10B
November 18, 2008
Page 87 of 102
5, As security for each Developer's payment of its Anticipated Road Impact Fee
Amount, each Developer hereby agrees to submit to the County within ninety (90) days after the
Effective Date, a payment bond, letter of credit or other payment security acceptable to and
approved by the County in the amount of its Anticipated Road Impact Fee Amount totaling
$19,522,003,65. This shall be in a form acceptable to the County. If the Consortium Developers
fail to submit payment bonds, letters of credit, or other approved payment security totaling in the
aggregate $19,522,003.65 prior to the expiration of said 90-day period, the County shall have the
right to terminate this Agreement, in which event, the $3,000,000,00 cash payment 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. If the Agreement is tenninated no approvals shall be granted for any development
that impacts US4l east ofCR95l and SR95 I south ofUS41.
6, This is a form of "Pay and Go" Agreement. Accordingly, following all of the
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, (I) each Developer
shall receive Road Impact Fee Credits for the Total Anticipated Road Impact Fee Amount as set
forth in Exhibit "C". A sample copy of the Impact Fee Ledger, utilized by the County to
administer Road Impact Fee Credits for each Developer is attached as Exhibit "D"; and (2) each
Developer shall also receive Certificates of Adequate Public Facilities ("Certificates") from the
County which immediately and fully vest each of the respective Consortium Developers with the
right to roadway capacity in connection with their respective Developments as set forth in the
Milestone Schedule; and (3) each Developer's project shall be entitled to obtain certificates of
occupancy, site development plan approvals. plat approvals and building permits for its
Development (or portions thereof, as applicable) subject to the normal permitting and review
process. Issuance of these Certificates, however, will not relieve the respective Developers from
their respective obligation to pay road impact fees for their respective units, The credit for Road
Impact Fees identified herein shall run with each of the respective Developments and shall be
reduced by the entire amount of each Road Impact Fee due for each Building Pennit issued
thereon until the respective Development project is either completed or the credits are exhausted
or otherwise no longer available, or have been assigned by operation of or pursuant to an
assignment agreement with County. The foregoing reduction in the Road Impact Fees shall be
calculated based on the amount of the Road Impact Fees in effect at the time the Building Permit
is issued, The credits set forth herein shall be applied 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 their
lands. 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 the Development. The Cotmty will apply all road
impact fees paid for any portion of the Development whether paid by the Developer or another
developer towards the Anticipated Road Impact Fee Amount.
-4-
Agenda Item NO.1 OB
November 18, 2008
Page 88 of 102
7. 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, (i) shall have
the right to draw upon such defaulting Developer's letter of credit or exercise its rights under the
payment bond or other approved payment security submitted by such defaulting Developer in
order to fund such Developer's Anticipated Road Impact Fee Amount (or the applicable portion
thereof then due and payable by the Developer) or (ii) for any unsecured payment the County
shall terminate Road Impact Fee Credits, Certificates, and the right to obtain Certificates for the
applicable portion thereunder that has not been paid by the Developer, In no event shall a default
by one of the Consortium Developers of its obligations under this Agreement cause the other
Consortium Developers to be in default of this Agreement.
8. The County has determined that the Project is an interim improvement consistent
with the FDOT PD&E that provides capacity for the Consortium Developers and already vested
adjacent developments for a portion of the study area Except as authorized in paragraph II, no
additional development approvals that directly impact this segment of US41 will be granted
outside of this Agreement until the Project is completed unless otherwise approved by the Board
of County Commissioners, Upon completion of the Project, the County shall evaluate the
roadway capacity, background traffic and vested trips to determine if any additional approvals
may be granted.
9.. Ibis Agreement hereby amends, restates, supercedes, and replaces in it entirety
that certain "Developer Contribution Agreement-US 41 Developers' Consortium" dated
November 13,2007, recorded November 16,2007, in Official Records Book 4303 at Page 2349
of the Official Records of Collier County, Florida,
Lel!al Matters
10. This Agreement shall not be constructed or characterized as a development
agreement under the Florida Local Government Development Agreement Act.
11. The burdens of this Agreement shall be binding upon, and the benefits of this
Agreement shall inure to, all successors in interest to the parties to this Agreement. Upon giving
written notice to the County, each Developer may assign all or part of the concurrency rights it
receives under this Agreement utilizing the County's then current form of assignment. The
Developer may also transfer Or assign all or a portion of the approved density or square footage
to another project on any immediately adjacent roadway link with the intersection of US4l with
SR-CR 951 whether owned by that developer or owned by another developer,
12, Developer acknowledges that the failure of this Agreement to address any permit,
condition, term or restriction shall not relieve either the applicant or owner or its successors or
assigns, of the necessity of complying 'With any law, ordinance rule or regulation governing said
permitting requirements, conditions, terms or restrictions,
13, In the event state or federal laws are enacted after the execution of this
Agreement, which are applicable to and preclude in whole or in part the parties' compliance with
the terms of this Agreement, then in such event this Agreement shall be modified or revoked as
,5,
Agenda Item No. 10B
November 18, 2008
Page 89 of 102
is necessary to comply with such laws, 10 a many which best reflects the intent of this
Agreement.
14. Except as otherwise provided herein, this Agreement shall only be amended by
mutual written consent of the parties hereto or by their successors in interest. All notices and
other communications required or permitted hereunder shall be in writing and shall be sent by
Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service,
and addressed to the parties at the addresses set forth in Schedule r 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 delivercd by Certified Mail, upon actual receipt.
15, 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 COlll1ty shall
provide a copy of the recorded document to the Developers upon request.
16, 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.
17, This Agreement constitutes the entire agreement 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 such parties with respect thereto hereby are canceled,
18. 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.
19, 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,
20, This Agreement may be executed in separate counterparts, each of which when so
executed shall be an original, but all of which together shall constitute but one and the same
instrument.
- 6-
Agenda Item No. 10B
November 18, 2008
Page 90 of 102
IN WITNESS W1ffiREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written,
Attest:
DWIGHT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
TOM HENNING. Chairman
Appr ved as to form
and 1 al ency:
w
-7 -
Agenda Item No. 10B
November 18, 2008
Page 91 of 102
SIGNATURE PAGE TO
AMENDED DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM
B,
, a Florida limited
/--/
~
NAl'LESREsER ,
liability c y
WITNESSES:
;e:/L L AdC
Printed Name
~~6{/cf
Signature
~~6Yo
Printed Name ~
Name:
Title: JV\.tA.~1 ~ Vv\~~,
of Gulf Coast Na serve, LLC, the
Managing Member of NAPLES RESERVE,
LLC
Dated:
\0 \d\.\\~8
, ,
STATE OF 21~oL:-
COUNTY OF (()\ \.~
)
) SS:
)
,..'.....
... .,' ....~ flO6fhWIlE B, YOUNG
"\.%11: . MY COlIIISSIOH I DO oI8IIOl5
~ eXPIRES:JonIlll)'8.2Il10
......OFro.rY ......Thnl...llfnyStIYlClI
it Before,,..,a Notary Public in and for said ~ State, personally appeared
rrl1v:m1:f,.:::tl1c..c. , the lUalAr9'~ 1M. of Gulf Coast Naples
Reserve, LI!.C, Managing Member of N L RESERVE, LLC, a Florida limited liability
company, who a.clmowledged the execution of the foregoing instrument as such officer for and
on behalf of said limited liability company.
-/<.
Witness my hand and Notarial Seal this d!L day of r9D-$b4-r, 2008,
~.~.:, 6> Jt-C/
(si e)
~Vv (prin~d~e~
Notary Public
My Conunission Expires:
\ \ ~\";).o\O
County of Residence:
~\\~('
- 8 -
Agenda Item NO.1 OB
November 18, 2008
Page 92 of 102
SIGNATURE PAGE TO
AMENDED DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS COl'iSORTIUM
WITNESSES:
KITE EAGLE CREEK II, LLC, an Indiana
limited liaiJil~mpany
By: ~
Name: ---rh bm.. S {" Me Gow..." ~ i
Title: C~;e+ c?~(.A,:n! 6#';r.er
of Kite Realty Group rust, the General
Partner of Kite Realty Group, L.P_, the
Managing Member of KiTE EAGLE CREEK
II, LLC
CA~
SIgnature
::Ji'L t=Y-oe\(L.-~
~~te~N~e /;/. ~
~urL~ ~
K Cl bold G- .s: II //00'''1
Printed Name /
Dated:
(0 -'J...</- ()..OOt?
STATE OF lMO!A:-.lA,. )
) S5:
COU1\'TY OF ~ )
Before, a Notary Public in and for said County and State, personally appeared
~ ~,Mce.a.."...", , the ~ ~ ofiiUUl _. __ of Kite Realty Group
Trust, the General Partner of Kite Realty Group, L. ., the Managmg Member of KITE EAGLE
CREEK II, LLC, an Indiana limited liability company, who acknowledged the execution of the
foregoing instrument as such officer for and on behalf of said limited liability company.
W~I;l!~and and Notarial Seal this ~day of ~
."" " b -
"""\\<""-1 ~
~"'~,i'~ . . .. - _1'." '. \ !
i ~/ NOTARY"~~\ Ii --.. signatwe)
~ ~ SEAL: ~ / I., _ _
\ * '., PUBLIC ..: * ff Ad.ft::th ~'\"""","i.
'\ \S';'., ....',;;.'r"./ (pnnted nanle)
'~",~~'oi; i~\)\~",/ Notary Public
...'.111"111"'\"'\
, 2008,
My Commission Expires:
County of Residence:
~f..c ]C) '1clo..f
Mm'dV\
.9,
Agenda Item NO.1 OB
November 18, 2008
Page 93 of 102
SIGNATURE PAGE TO
AMENDED DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM
KRG 951 & 41. LLC, an Indiana limited
liability c/nY
By: ~
~ E;f<f
Name:.-J lNll"'le.s k Ar bow..Y/
Title: (k:el' 1)",,,,,...-/,,'1<' O{t:G~,
of Kite Realty G~st, theheneral
Partner of Kite Realty Group, L.P " the
Managing Member ofKRG 951 & 41,
LLC
WITNESSES:
:1\L t==Yo~h c..~
Prin"" N_ ~
~~a.f:7
ignature
R~/..a.i G. {'o /~W4;
Printed Name
Dated:
(D- ~'1- :WoK
STATE OF lHr)i~A-
COUNTY OF M~orJ
)
) S8:
)
an Indiana limited liability company, who acknowledged the execution of the
instrument as such officer for and on behalf of said limited liability company,
~~.w..r. hand and Notarial Seal this :cItlay of __ Ch.-bbPY ,2008,
/.:<.\fI,R"l/'~'", "" ~ .k-.
'n'.,...'...~......4t"1~~ \ ~1A M~
! ~'..NOTARy.'...'to "\ ''''\} \ tsig lrfure)'
~ : SEAL: ~
. . * -
'i * ", PUBLIC..: j
~" d' " .,~~ ~
~~,.,.....~\~ "f
'It OF \~ ",.;.'\'\
"'"'UII"I'''''
My Commission Expires:
~Ml ~'"
(printed name)
Notary Public
County of Residence:
()All ~, 'toIL
IA __'
'" ~, ffV\,
- 11 -
Agenda Item NO.1 OB
November 18, 2008
Page 94 of 102
SIGNATURE PAGE TO
AMENDED DEVELOPER CONTRIBUTION AGREEMENT
L'S 41 DEVELOPERS CONSORTIUM
WITNESSES:
qt~
ignature
:r; L t==" n>e--It "h
~'~Jt /~
Si a:t /
Ka L~{ (;. .\;,/~
Printed Name 0
KRG EAGLE CREEK IV, LLC, an Indiana
limited liab~pany
By: ~
~5>
Name: ~"'O,. '; 1-<.. -#c Gow.;., ~1>
Title: C 4; ~ D~,J/nJ of'.(.J(..r,
of Kite Realty Group rust, th~ General
Partner of Kite Realty Group, L.P., the
Managing Member ofKRG EAGLE CREEK
IV,LLC
Dated: ~ 0- ;;. y - ). ODf
STATE OF INDIANA
COl.3NTY OF 104~
)
) S5:
)
Before, a Notary Public in and for said County and State, personally appeared
~5 \'.' ~~, the aM~ .9~.M~ O-If'ce,/ of Kite Realty Group
Trust, the General Partner of Kite Realty Group, L. " the Managmg Member of KRG EAGLE
CREEK IV, LLC, an Indiana limited liability company, who acknowledged the execution of the
foregoing instrument as such officer for and on behalf of said limited liability company,
Witness my hand and Notarial Seal this '2ftdayof ~ ,2008.
....."..'.....
"......\ R, Fl",";',
.' ",," ".....,. 4?
i <) .'" ". '1
f ~:' NOTARY ".'1.
~, : SEAL ': ,
~ * ", PUBLIC' * j
\.. 01;',. .,. ~ i
.........l";.,....,....\~~........
'~.4 E: OF \1olv" ",.,
My C0rnn11~9ioD"E'X"plres:
~~~
~\~
(printed name)
Notary Public
County of Residence:
(}t I-( 10 I 7Vo =l
fv"\pt.ri OIl\,
, 10-
Agenda Item No. 10B
November 18, 2008
Page 95 of 102
SIGNATURE PAGE TO
V.S. 41 DEVELOPER CONSORTIUM AGREEMENT
WITNESSES:
6f~Ld+
l.v'fjk/'J
Printed Name
By:
Name'
Title:VP
Signature
Dated:~\o~
..-,
~AN/)d P~ihJ
Printed Name
STATE OF 14...0,,",>> ^
COUNTY OF ~
)
) SS:
)
Before, a Notary Public in and for said County and State, personally appeared
"Jt,l~ Co,^~l..,... , the \( . P ~ of TOVSA HOMES, INC.,
a Florida corporation, who acknowledged the execution of the foregoing instrument as such
officer for and on behalf of said limited liability company.
Witness my hand and Notarial Seal thi~ day of c>o.l-~~ ,2008,
~AAj;jA.ffV,.J fVl, LJ~t
(signature)
0.J'\ r', :')1. n () M LJo. rd
(printcd name)
Notary Public
My Commission Expires:
County of Residence:
Oc+ 23 i 2009
Lee_
~ CHIUS11NA MWARD
'!l..' "I IoIYClDIIM___
~,,~ _ 0&25....
l'O'I-- ---
~ 112241449.1
Agenda Item NO.1 OB
November 18, 2008
Page 96 of 102
SIGNATURE PAGE TO
AMENDED DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM
WITNESSES:
ABC LIQUORS, INC., a Florida corporation
-~~ t /r;~
Signatu e
kb h;" L, ~1().r-hLJ
d ~""d ,=, ,
N.N~" offll
Si a e
~,-JlbEn ~;LL
U Printed "Illttne
By: I)~ {J------
Name: 0-55 'B/9/'FS
Title: tkE ~5',;'k,,/
Dated: a ~ J~r ;;3 :l (1()6'
STATE OF J'l,'JZIpt'J.
COUNTY OF !J;z~1JL;E
)
) ss:
)
/ Before, a Notary P.ubliC in and for said County and State, personally appeared
t.!rf5f J3q,//s . the IhCG HrG5//./e'-U/ of ABC LIQUORS, INC., a
Florida corporation, who acknowledged the execution of the foregoing instrument as such officer
for and on behalf of said limited liability company.
(f;
"*,"'**_all'loIIdI
....,.. "....
llyCt.~. , .1lOIlIlM5
e..-0IIl2l201O
~3 day of O~A".... , 2008,
Witness my hand and N
~~)
(signature)
tfiy~L
(pn ed name)
Notary Public
My Commission Expires:
6ff/O-z/2t7 10
County of Residence:
-12slYOW#
- 13 .
Agenda Item No. 10B
November 18, 2008
Page 97 of 102
SIGNATIJRE PAGE TO
AMENDED DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM
WITNESSES:
NBC RV, LLC, a Florida limited liability
oom,..Y~
By: '
~.- -
Name: Ke..,~ I\\\.~ ""?-,n<..,\ 'c.
cdr ~r) I'{
Signa
\.. CH ,rt'0 -:s r,.<?-">. r,~
Printed NameQI ().
(j~1J fJllU) _~
Signature
Title: W\f"lnn":S,"," me",\"',
. .)
Dated: \ (') - ;;J~ - () 1.
Cl..AUDI,.) [ RLlt.Lf\\t2
Printed Name
STATE OF \"\D\:'dG.
COUNTY OF Cb \ \\-e.r
)
) SS:
)
Before, a ]\otary Public in and for said County and State, personally appeared
\:.e.,\>r- l\. DCI..",.... ,the m[)l\Q~~ '(\'''f1\\n....- of NBC RV, LLC, a
Florida limited liability company who aclen I ged the execution of the foregoing instrument
as such r-,~~ 'u for and on behalf of said \, om. \.<,,\ \ "..',:" \, \\ Q.O(~~G<w~.
Witness my hand and Notarial Seal this .s...~y of t'lt;>'H::.~.<" , 2008.
oI~~ ~ ,4
(si e)
\.-CJ.....u.,.e.{\. '-s ,'Oe.o...J
(printed name)
Notary Public
\lJ - ::JL.\ - \D
County of Residence:
~ \ \\lj'
My Commission Expires:
..~.. LAUREN J, IIEMO
H*y"-._OI...
. . Col...". e.,. 0cI2C, :lDIO
<A....~. . .. DO IIIa2
""""8l'"""",1I ....
.14-
Agenda Item NO.1 OB
November 18, 2008
Page 98 of 102
SIGNATURE PAGE TO
AMENDED DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM
WITNESSES:
cJ~0d
Signature
NBC LAND HOLDINGS, LLC, a Florida
:tedliabi~
..----
Name: k.., +11 Iii;",,, '80', k
In., "" ~ -S. "b e (1 n\
Printed Name
G'1nil~J"~) ~
Signature
C L.rhLD ,.0 [ If u e L the..
Printed Name
Title: ffl""M '^j /J1,.m h"r
d
Dated: /O..,:)(,..r......,,,
STATEOF 'F\o,,~n )
) SS:
COUNTY OF CA'l \ \ , ~~ )
Before, a Notary Public in and for said County and State, personally appeared
\(,,\\.\-.- f:\. """,,,,,,,, ,the 'fY\"M:::,'~ ~1'\e,,,\'..r- 'of NBC LANDHoLDINGS,
LLC, a Florida limited liability company, 0 acknowledged the execution of the foregoing
instrument as such "!;'h" r for and on behalf of said \,"'" \.A \,~."I ~ ~-<><'" "0."1::::
Witness my hand and NOtari~~~S ~daY ::s Dc. '7 .-- , 2008,
~gnature)
\ eLL"..." .:), ~e.ord
(printed name)
Notary Public
My Commission Expires:
County of Residence:
Ie)' ;;J'-\- Ie,
C\'\\\f'C
""'" LAUREN J. IIEAIlD
g;"J?' >";;"\ Nolory NlIc." "'.....
'. . '!MY eomm_ e.piIII 0aI M.
~.oo_Sl
...- -.. -,
- 15.
Agenda Item No. 10B
November 18, 2008
Page 99 of 102
SIGNATURE PAGE TO
AMENDED DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM
WITNESSES:
HABITAT FOR HUMANITY OF COLLIER
COUNTY, INC., a Florida Non-Profit
Corporation
/n~
/~
Ignature
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~='q ,
<-. . _ " '-- (LC\ I
\ SIgna e)
, QD
de. C\ C\\ f' ';? \ ().s'h
Printed Name
By:
Name: Samuel
Title:
President
Dated:
If' /:J ? J;( "7
/ ' ,) c (. CFi)
I
STATE OF /krick-r
COUNTY OF (e,( /, (' r
)
) S8:
)
Before, a Notary Public in and for said County and State, personally appeared Samuel J,
Durso, MD., the President of HABITAT FOR HUMANITY OF COLLIER COUNTY. INC" a Florida
Non-Profit Corporation, who acknowledged the execution of the foregoing instrument as such
officer for and on behalf of said limited liability company,
-Qi" .' '" lJ8A B. LEFKOW
~~' ',:i MY COMMISSlON . 00153220
EXPIRES Moren 04, 2012
(40'/ ....U3 Iat,.ogm
\(ll (T, ,2008,
I ISO 6 [/;;J ILl) vt!
(printed name)
Notary Public
My Commission Expires:
County of Residence:
314- / ::;nl d-
I {
roll/ff
- 18-
Agenda Item No, 10B
November 18, 2008
Page 100 of 102
SIGNATURE PAGE TO
U.S. 41 DEVELOPER CONSORTIUM AGREEMENT
WITNESSES:
~~~
Signature
,K~~ :I'o.cF..........--
Printed Name
~~~
Signature a-
t<.Vh... K I ~ 'h... oJ\.
Printed Name
By:
Name:
Title: (){Jj I\JL/""'
Dated: JD/2-~/~"6
I .
STATE OF
COUNTY OF
)
) SS:
)
Before, a Notary Public in and for said County and State, personally appeared
, the of REALTYNET REAL
ESTATE, LLC, a Florida limited liability company, who acknowledged the execution of the
foregoing instrument as such officer for and on behalf of said limited liability company,
Witness my hand and Notarial Seal this _ day of
,2008,
(signature)
(printed name)
Notary Public
My Commission Expires:
County of Residence:
1/2241449.]
Agenda Item No, 10B
November 18, 2008
Page 101 of 102
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
_ .~ ~ . ~-~- -:-- .""^....,..~.......~. :-: 2!! -. ~
State of California
County of S c,,, ~ G..:.r ..,"'....<<
....3 ......oo<g
On 0 c ~ \oY I before me.
Date
personally appeared
LC.....~
}
s
\~,l'^ N",(>~~.J. N O+-e.r..ld
Here Inler1 Name and me or ll1e OtnCi*'"
(V\.G\.', I.e-
. Name(8Io1Si\,Ylor(5)
'~\... \, \ ; (,
Place Nolliry Seal Above
who proved to me on the basis of satisfactory evidence to
be the person($) whose name~)(]}iars subscribed to the
within instrument and acknowledged to me that
~neJthey executed the same jn~llh1W authorized
capecity(l'eq), and that bY@ll9fitHeir signature(ll) on the
instrument the person(i.), or the entity upon behalf of
which the person(\\) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature ~ ~
\ '~"'~""O1~
OPTIONAL
Tnough the information below is not requirsd by law, it may prove valuabJe to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
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C:O,"\c:;.D,\-.~",A.{V"\ ~'ir-tl. ~~,,,,\-J.
Title or Type of Document:
Document Date: \ D \ '1... '3 \ 0 '&
Signer(s) Other Than Named Above: --C:'\..... \ \--, (' 1.(..
Capaclty(ies) Claimed by Signer(s)
M",', Ie.
Signer's Name: Cor:j S. ,
l' Individual
"" Corporate Officer - Title(s):
D Partner - = Limited 0 General
D Attorney in Fact
~ Trustee
o Guardian or Conservator
!& Other: 0 J,) r-J-r
_ Number of Pages: _...
Signer's Name:
D Individual
D Corporate Officer - Titie(s):
[J Partner - C Limited 0 General
=:l Attorney in Fact
L; Trustee
o Guardian or Conservator
D Other:_~___
Hlr.HT 1IHH.1RPlllfJT
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Signer Is Representing:
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Signer Is Representing:
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C2007 NaIlonaJ Notary AMoclI'lUon. 9350 OIl Solo Ave... P,O.Box 2402. Chll'-='rtl1, CA. 9131:).2402.www.NalK)l"lillNo18ryorg hem 115907 Reorder: Call loll..ffee ,.9(10.875-6827
Agenda Item NO.1 OB
November 18. 2008
Page 102 of 102
SCHEDULE I
Notice Addresses
Naples Reserve, LLC
Attn: Anthony Salce
3415 Radio Road, #109
Naples, FL 34]04
With a Copy to: Goodlette, Coleman & Johnson
Attn: Richard Yovanovich, Esq,
4001 Tamiami Trail North
~aples, FL 34103
Kite Eagle Creek 11, 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 951 & 41, LLC
c/o Kite Realty Group
Attn: Eric Strickland
30 South Meridian, Suite] 100
Indianapolis, IN 46204
With a Copy to: Kite Realty Group
Attn: Robert G. Solloway, Esq.
30 South Meridian, Suite I] 00
Indianapolis, IN 46204
KRG Eagle Creek IV, 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 ] 100
Indianapolis, IN 46204
TOUSA Homes, Inc.
4000 Hollywood Blvd"
Ste,500-N
Hollywood, FL 33021
ABC Liquors, Inc,
Attn: Tom Hartmann
P,O. Box 593688
Orlando, FL 32859
NBC RV, LLC
c/o Basik Development, LLC
Attn: Keith Basik
720 Goodlette Rd., #305
Naples, FL 34102
NBC Land Holdings, LLC
c/o Basik Development, LLC
Attn: Keith Basik
720 Goodlette Rd., #305
Naples, FL 34102
Habitat for Humanity of Collier County, Inc.
Attn: Samuel J. Durso
1145 Tamiami Trail East
Naples, FL 34113
RealtyNet Real Estate, LLC
Attn: Cory Maile
1330 Forrest Court
Marco Island, FL 34145
- 18-