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Agenda 10/28/2008 Item #10G Agenda Item No. 10G October 28,2008 Page 1 of 107 <"..-. 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, permit, acquire land, construct and provide construction inspection for at grade improvements at the intersection of US-41 and SR-CR951 and widen a portion of US41, approximately 2 miles east of the intersection. The DCA required that the Consortium post a bond in the amount of approximately $53,000,000 which represented the county's consulting engineer's estimate. The Consortium felt that they could have constructed the improvement for approximately $35,000,000 and their impact fees were approximately $28,466,000. 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 the 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 intersection and the surrounding area, The Consortium group and their development locations are identified in exhibit "A", Their updated corresponding development impacts and payment schedule 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, and US41 PD&E, During the delay period, staff also reassessed the PD&E and concun'ed that the "at grade" 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 intersection ofUS41 and SR-CR951 that would also be the footprint for the ultimate grade separated improvement (See exhibits 1 "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 (LR TP) as grade separated. The Stanley rep0l1 identifies that the "at grade" improvement will maintain a Level of Service (LOS) "D" through 2025 and LOS "E" through 2030. The current Wilson-Benfield study also considers 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. The Wilson-Benfield corridor study is scheduled to be completed in the spring of 2009 and no funding for any additional phases are identified. - Agenda Item NO.1 OG October 28, 2008 Page 2 of 107 The proposed amended and restated Consortium DCA provides for an initial cash payment of $3,000,000 and surety for $20,245,885.25 totaling $23,245,885.25 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 of US41 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 current 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 $23,245,885.25. Source of funds are impact fees. GROWTH MANAGEMENT IMPACT: The improvements identified 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.-.lAK RECOMMENDATION: That Board of County Commissioners (BCe) 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: 1) 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 1; 8) Exhibit 2 Page J of J Agenda Item r~o. 10G October 28. 2008 Page 3 of 107 COLLIER COUNTY BOARD OF COUNTY COMMISStONERS Item Number: Item Summary: 10G Meeting Date: Recommendation to approve an amended and restated US41 Developers consortium (Consortiuml 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 Managers office (Nd. CasalangUlda Transportation Planning Director) 10/28/2008 90000 /I,M Prepared By Nick Casalanguida MPO Director Date Transportation Services Transportation Planning 10/22/20088:17:34 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 10/22/200810:15 AM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 101221200812:54 PM Approved By Gloria Herrera Management/Budget Analyst Date Transportation Services Stormwater Management 10,'22/200812:55 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 10/22/2008 12:57 PM Approved By John A. Yoni;osky Director of the Office of Management Date County Manager's Office Offi::e of Management & Budget 10:22/2Q08 146 PM Approved By ,lames V, Mueid County Manager Date Board of County Comm!ssione:'"s COU:1.ty ri/;anager!s Office 10,'22:2008 2:58 PM file:/W:\A ~Tend3Test\Fxnm1\ 11 ':;-Oct()h~l'olr,J())Ro.lt))mO()R\ 10 o;;.JOrOlINTYo/....)()M ANA IT 10/!?/!OOR ~ "" C> C> .... C> C> . . . _ _ C> .... ... .... u -- __013 ...~- -- c...>c::oa.. _ _0 _.....u -" ... c::n ~ ~:;; ~= C"-.J 8 .... .. -- __ IIG.....:I ~~u __ -:2 - . =.... c...> .... o ...... - c.....;:> ""... CV"') ~ .; ~~- U = _u ... c.:::: ..... e::: -" ~ C)~a: UG. C"".I ~ ~ C"-.J ... .. ~ 0::;: "-'> ~ ~ c::n ... ... c::::> .= :; ~ "" =..... DCI _ =- _...... 0- U ...... DCI ...... - Agenda Item NO.1 OG October 28, 2008 Page 4 of 107 DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS' CONSORTIUM THIS DEVELOPER CONTRIBUTION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this l3~ ofIlD...:e.n--.\opt", 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 a "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 tenn..s_Ilot defined herein shall have the same meaning as set forth in the Collier County Co,Jl8O~ ~:r:,~ Ordinance, Ordinance No. 2001-13, as amended. /:... \);/~-~-~,y)~ / (~j // ',-_ J-. "\ /' /y ~CI,!:~~: \\. \ I I w-~ . -U\ \ WHEREAS th G ,I. ~l~\~ \ l' f th , e 'onspJt1Rl ovvc ~p _ .' '\ ~ qr contro portIOns 0 e development projects (each I a "t6eTeldJ(m6n~' idd :~~'veIY,1 the) "Developments"), identified grap!llcally in Exhib~t "A" ~~~,~, li~ti~~!j.n Ex~~ ':~:and located in unincorporated CollIer County, Flonda; and \ ('". \ \~( I /::=-' I \':~\ .~~ ) /;-; WHEREAS, LDC SecUQIitJ,0.02.07 .C.4. provldes,tth:~~IJpon approval by the Board of County Commissioners, any applic~t-.Shall enter into~<eI).f6rceable development agreement with Collier County pursuant to t.he';pf~v.iSf911s'-of~~4~.i:_6J:3220--l63.3242 or other agreement acceptable to the Board of County co_sskn~,...-in 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 "'" c:> = ~ WHEREAS, the Consortium Developers and the County desire to enter into this ~ :; Agreement in order to grant to each Developer vested concurrency rights with respect to the g Development owned or controlled by it, in exchange for the Consortium Developers fully ~ _ funding, at their sole cost and expense, the design, permitting, construction, Construction- it- c...> ~ E ~ Engineering and Inspection (CEn, and land acquisition for the Road Project. The Road Project c := = ~ shall consist of (1) at grade intersection improvements at the intersection of CR Route 951 and ~ 2 ~:: 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 - ] - c:::> L.C") C"""> c--..J (.!;) Q..o C"""> c:::> C"""> --=::t' 0::: o Agenda Item ~~o, 10G October 28. 2008 Page 5 of 107 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 CR951IUS-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 total sum of $28,466,874.46 in Road Impact 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~J.~.Qad_..J.1:.()ject set forth in this Agreement is in the conformity with the contemplated~W'6~~'3p.[~i'ditions to the County's transportation network' and /' :\ \~ "./ ............. /;" " " , /'(-9>;:/" "'''<:.}~''\ WHEREAS, after reasOned' ~sider~ bY.Jhe Board of County Commissioners, the / I \, -"\1 \ \ \ Board finds and reaffirms that: / '~~~ ,"'"" \ \ \ II L/\ \.' \ I //~::1. "'~"\,<:'\~"f) ..\:\\ 57\ \ a. The Roadipr!ojet{ i~ in oobt:JmmtY', wjth !the !contemplated improvements and additions to the ~.~tr~~~PQ~'icJn~)'steIri~ l it! \~\ ~ 1 j~! b. The R~~~\Project, viewed in~8~njFptiaD;/ with other existing or other proposed plans, includ.iI1'g~o~e from other devel"P7~~~1l not adversely impact the cash flow or liqui~ity of the \S?~~:.~~ad imp~Jf~'~ accounts in suc~ a way as. to ~trate or mterfere. :VIth'<~tljeJ:rI.'~~..(~:::;:Qng~mg growth-necessItated CapItal Improvements and additIOns to the.:col.u:lty:Slrarisportatlon 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 hereiL"l, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. - 2 - ~ &.r') ("'"') C'"'-..1 ~ 0... ("'"') c:::> ("'"') "d" 0:: C> Agenda Item NO.1 OG October 28, 2008 Page 6 of 107 Develooers' Commitments 2. The Consortiwn Developers will fully fund, at their sole cost and expense, the design, pennitting, construction, and land acquisition for the Road Project, and will also provide a County and FDOT approved CEl 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 pennit 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 ifneed be. 3. All property acquired ilV"co~~Jhis Road Pro;ect shall be promptly ,/ '1- .l\:-JI"=.....;-Vrr~-..... J conveyed to the County in fee simp1t\)~:eer3:m1clear-oic Bl}liens and encumbrances, made by an executed General Warranty Deed(~tiible for recordi~<th~)~neral form of which is attached hereto as Exhibit "G." The p~n~ttium-D.evelopers wiU"pay ~e cos.ts of any ~tle work. and searches, and shall be resp~nsl~1e foFall c9J!ts rot)rompily removlDg or curmg any hens, encumbrances revealed in ahy tit1e;w~*-,-~p~':-reF\Pt;-the1\ow\ty shall record each General Warranty Deed in the Publif R...fFofd;.~f ~e\cJ~ un! ~.' , an\ "'(costs . 9f recording and conveyance shall be paid by the ConsortIum \DevelopersJ J ~ ' II F-fl \'."'\'~' .~ ~ "".~ \_ \"1" ~ IJ..:.:, \ j ,. \ !J,,~__.I 4. County will cq~C?tp.n whatever par~ ~~pe otherwise acquired in a reasonably expedient manner.\:NU'Costs of acquisitioI\~d /cortdemnation (excluding staff time) will be borne by the C.onsortiura~~~!!opers. The C~~~.cknowledges that the Cons~rtium De,:,elopers are f~llowlDg the c~~t'~~r.?~.~~"-?D~~"" study prepared for th~ apph.cable project area for nght-of-way WIdths>,"lt~:arU1cI~:ited that the nght-of-way takings Will be minimal except for land required for water management and turn lanes. 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, CEl and land acquisition cost of the Road Project. The Consortium and County agree to review the performance bond amount 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 amount. 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 COWlty 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, - 3 - C'"'-..1 &.r') ("'"') C'-J C) 0... ("'"') c:::> ("I"") "d" 0:: C> Agenda Item NO.1 OG October 28. 2008 Page 7 of 107 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 surface stormwater management for a four lane urban section for the portion of the road constructed 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 "I." Phasing shall be done in accordance with the following Project Milestones. · Upon posting of the 130ndR C-:-(-:-:;--..,. ,/\ "\ t, l, .' '-..f[r^ '''-, ,,/~W<~, ,<'_:'--~----.....)~' ~/ ~)..~''^. . · Commencement QFGonstruchon ofthe,IlqadProJect ii,.'-/ ','<' \ / ......-../' "'- / i '\ \ · SUbstantial.comple]J9p orthe-. Read~ojecf'.{.alHanes open to traffic) I i ~'<l:. \ \ \ .. I \ /\ \ \ 1. Collier County Site DevelofmeI~.rFe~ts;~~A:s.rrP~YS~.~g \and Building permits can be issued for all projects uponex~ut~on qf this ~gf~ment~\h0'wdyer 1no certificates of occupancy '11 b' ed 'I th P ....r--. i'l' 11\ \ } ,I !...:-t. d J. I I --- I WI e ISSU untl e roJ~L !vJ.1 e$t-ones~e.com.~te .,~ i ;;,._. ! \.(~ \ \~;>,. j / ..:~'/ 8. Each of the \, Qtivelopments may '1.ili;oq>o,Iite,-; into their respective water -., ~-,_ \ "'" f .r .....,,_' l management systems, all reqirire(r.~ater quantity and -"Yc!,tc;r> quality treatment for the Road Project. The Consortium Develo~~;~~,E.~ntribu~~ri~~~~,:,way for the at grade improvements recommended in the FDOT PD&E, Stud~. ana-'\aS..required by the South Florida Water . . ~''''- ..i.. ~.( f ~..., \ )-.... eo'/ Management DIstnCt......,-.._~.... ~:--_...- " 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 of US-41 will 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. - 4 - ("'"') &.r') ("'"') C'"'-..1 ~ p... ~ c::> ("'"') ~ 0:: C> Agenda Item No. 10G October 28, 2008 Page 8 of 107 Benefits to Developers 10. In accordance with the phasing schedule, as set forth in Exhibit "r' 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 "J". 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 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 Pennit is submitted. 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 Dev~ assigns all or part of the Development. /-:R C -;--.~,~ 11. In accordance wit:.h-"~;-1h~~~r~, as set forth in Exhibit "Y' the Conso~um .?evel~pers shaly<~~/t:ec~ive Certificai~l->'O~ Adequate Publi~ Facilities e'C~ficates ) vestmg each ,9f ~el~SJle.c.t~~e Development~ to.\construct those umts .set forth therem for the purposes of :me~tmgr.;.the.r. CountY"s-,.'1'ransportatIon Concurrency reqwrements. Issuance of these Certificatps, ~q.w~':-Tr?~(iio~-~eli~~;resp~ctive Developers from their respective obligation to pay ro~'1ni~fef~\fo1; tlh!} res~ec.#ve) units. \ r--, \\l \~./ \t~})J r.~ 1.1.l E-..,' IJ \';.;'~ 'e!Z8I Mitters I ; C:::' . ,\ , v I /'-../ \"--f\ \ v~ 1_1/ 12. This Agreemeh(;~all not be constrli~J .D~(cl{aracterized as a development agreement under the Florida Lo'c~~ ~;::,~~ent Develoelll~J ):~eement Act. " .{. '~ __------:-...., ~,i 13. The burdens of this A:~~~tmt @lJiU..~e::--bft;ding upon, and the benefits of this Agreement shall inure to, all successors in irifere!fftO the parties to this Agreement. Upon giving written notice to the County, each of the Developers may assign all or part of the Road Impact Fee Credits to which they are entitled utilizing the County's then current form of assignment, to successor owners of all of part of the Developments, or as otherwise provided for in the Collier County Consolidated Impact Fee Ordinance. A Consortium Developer may transfer or assign all or a portion of the approved density or square footage to another project on the same roadway link (US-41 from SR95 1 to Greenway) or that directly impacts the intersection ofUS4I with SR- CR95I as shown on Exhibit "C", whether owned by that Consortium Developer or owned by another developer. 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. - 5 - "d" LC") C"""") c--...I ~ 0... C"""") c:::> C"""") c::::r t::t::: C) .4genda Item NO.1 OG October 28. 2008 Page 9 of 107 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 C3'lli~~R~~~1~ri~a, within fourteen (14) days after the Eff~tive Date. Developers shall p~~~CGsts-of-r~~~g:~s Agreement. The County shall proVide a copy of the recorded d0c~nt to the Develop~ upon request. / ~// ' \ ! / \. \ 18. In the event 9f any disPJJ!e'tmder-"thi~\ Agre~eti" the parties shall attempt to resolve such dispute first byimeans...of,the:1:.Q\ffibCs..tbtk:curr.eht Alternative Dispute Resolution Procedure, if any. Followi~g llil~n~~~t6"~ 6f~1u:) ?;:oc~~~, ir'~y, either party may file an action for injunctive relief ~_~\ (::ir,~uit E9~ Pf1Collfs: ~otf?ty ;to enforce the terms of this Agreement, and remedy be~g.CUmurative'Witll anYlq1d an:::Otfiej .r~edies available to the parties for the enforcement of the Agr~ent. '('Ie .J / ,/ \'...' -,"', \ <.~'-''f~'" ! ./ "'''-''' /' '."'<.J . ., "'. ( . '.' '. ., \ \, I.".." 19. This Agreement<,~n~.tutes the entire agf4~nt between the County and the parties with respect to the activitie(4ote~.he[~in_~.'SU~\des and takes the place of any and all previous agreements entered into,~tW~nCtl\e.~~~ies 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. 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 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. ,6- &.r') &.r') (V") C'"'-..1 ~ 0... ("'"') c:::> ("'"') c:::ro a::: C> Agenda Item No, 10G October 28, 2008 Page 10of107 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~9~t ~;~OCK, Clerk ~~f.:~\.C Attest 4~ to :~' ;, Deputy Clerk . J S COLETTA, Chairman Sl~~OI1i~)~ '. /' /~. ~" . '.. ..' /.,- /"",\-l~-,", v/'~ App . .;(" ~// '-'" 1-'.\ d .i '-/ "\ an / ' I / ~-\)\ \ 'I ~ \ . ( '~(U]~'\~ ~\ \ atzkow I I( l \\i ( , ) '-If I '\ yij l 1 tCountyAtto~\W\~_r U .It I \~\ '''l" I /.......j . \.. . \ U..( . /...~~. \ """\ \ '~JL . .I _J \\\.~. '."\ ~~~., I / ("1/ f .r .. . \' I /... ""-,, I \ """11--" , ./ ( ,1-' ,~ ", /"j! ".. 0.. .~~ /<\' i '" /--.' ",]",---, ---.,'", \ . // '" 11!:' (-'n~L,.?' ---..._~'><~--:...---- BOARD OF COUNTY COMMlSSlONERS COLLIER COUNTY, FL RIDA By: - 7 - L. ',Ane;;:1 IjAm ~~n 1 nc~ October 28. 2008 Page 11 of 107 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM '-0 &.r') ("W"') C"'-.J ~u,~ Signature I<.~ ~-'to-.t~..I'L Printed Name <<. WITNESSES: Title:' M~I It/. rd, ME:.AACSE!!JC:. of Gulf Coast Naples Reserve, LLC, the /~Mana,gin.s~emberofNAPU:S REsERVE, '''"':",..-...."It \' 1i~" -, //~.\ tI..1LCv \J (Iii""" /, \.;, ~----'- ..' ., (. " //_-" '\.~ i ,'-;_.-..-,-..........:: l' ..l)." _ "', L- fnt.- Sh; l~j~cJ.'.(,.>/ Dated: '''''l{LS-cJ7 Printed Namo " ,/ ,-.,-..---., \ \ ,I ',Ie ,__ '---,-\.~ \ \ ,/ ,..-' --'''''''"'t.->-\ \ \ \ I} ;/,,-:::"-~,1f "....-~.~...:'~~~~'\. ~:~.'''...... D' . '........ :'~,)7\ . , I ( \' ( ! \ \! \' 1 '.' \, i;'! i \. I I, i I',. I c. J {\ " I ' ,..., : It ~ \ \.; } i ;lr----- \l f I ,r I STATE OF r 1&'1"14., \. ,7' \\ \~.;::> \.~~./' ",; '3:" ;~_.1 it:./ '. )-S~: .'" i . ...... f COID41YOF (7d/JeF ');:~, \\ -~};~ } / .I \, .?f" \, t \~....J.,,< \,.. ; A Before, a Notary Pubn~-1p."~d for said Cou~~a/State, personally appeared 1)#mitc~ . the~~iitl:tm1Yr of Gulf Coast Naples Reserve, , MRTlaging Member of.~f. o'~ C ,:~YE'- LLC. a Florida. limited liability company, who acknowledged the executiondlthe-roregomg instrument as such officer fur and on behalf.of said limited liability company. Wim=mYMOOmIDrp~~~007' .,.......... CINDY l SMALLWOOD J:1<rnll,ture) '~'m'<'R' .".;.... '. ....- I f..,..~-..'<.\ Notary~bIic-SlateofFiork1a /7 ~.~ ~ff My ColMUssion Exprres Jun 5. 2009 ( " / ^/f) .J I... 1/- ,- - /'11 "'::" '" .:o>;f}'- CommisSIOn II 00416494 ;' r -:. 7 / Ll,[7J .f ........., Bonded By National Notary Assn, (printed name) Notary Public C) 0... cti~ .("'"') c:::> ~ ~ ex: C> My Commission Expires:t County of Residence: 1.1 -") rJ('rfj eo/Iter r-- &.r') ("'"') C'"'-..1 ~ 0... ("'0"') c:::> ("'0"') oo:::f4 Po::: C> Agenda Item No, 10G October 28, 2008 Page 12 of 107 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: EK II, LLC, an Indiana o pany ~~ SIgnature .:r; LTto~l(~ Printed Name 9~~~.u Signature 9 " _-I)ated~ () dvbe""- .z.3 :Joo '") ~yJlrP S+e \,J.-tr?O t.J/C/~\\f~J~;>, I Printed Name ,/0"';--:---- "'<./' t "" / ( . /" "-I'~ '\ I ~/ ~ / / \ ,/~-,Ji \, STATE OF 11'1011\1-11'. (.). (rrr~((f$W1J - ~11v1 $ . \'}SS: {/ \ \ ) J ,) ~ ' ! .r.-, COUNTY OF MM2-toN ,'~ \ '-""::;:' ~/. \.,. . /2, I \\.\\\ )k ) ./ '~V Before, a Notary Puhrf~in and for said ~~~f(;rid State, personally appeared ~S K. .~c@a.o:a" . '~~'~~~_f!Jfl~/ ofl(I~EEAGLECREEK.II, LLC, an IndIana lImIted lIabIlIty oompan,)";:woo-a~owle.dged the executIon of the foregomg instrument as such officer for and on ben~If.$f1~ifedliability company. ",.Wim~ my hand and Notarial Seal this Z-'3akday of 0 ~ ,..,.., f' R A"", ....- - ~.., ....."\\...~..~.,.~-'", ~ ~~ ~ ~r.. '. '~-1 " \~ ~ <> .. -. ~ ~ ( ~..O SEALoo\ , l .. signature) - '\ *.... PUBLIC ;'. j AoLiuH ~I"\ \, \P~"'" ...,..~~ / (printed name) ',#,;~~ OF" ,\~\)\~",.... Notary Public "'" ",\'It. I....t.. uu'" By: t..l' ~ame:.:JJ-.o MIt .s )(. H. Co 6a.vA-N Title:Chle-P ~A-hN",~r ,2007. My Commission Expires: County of Residence: ~\'-\ '1<). ~lL{ tAttno~ 00 &.r') ("'"') (",.J ~ 0... ("'"') c:::> c-) "d" p::: C> L.oenda item No, 10G '" October 28, 2008 Page 13 of 107 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: KRG EAGLE CREEK IV, LLC, an Indiana limited liability , Y 9t]iV4 JiL +ro~Jr~ Printed Name ~!,<;~un--~ 9.1S::'ture ste(1AJIOU;<5\~~~~~t" 2~/ 2007 Pnnted Name/' 0 ';.::./~' "'-...,:. /'t"', // (. .~/ "'. ..'- '\ // J>"~----' ...'''\_ \ "./' // ';t.'_-~'\ ../_'\ -..-..r"\1 \\ \ f ....---........)"lj__~-l_. ~"l ~\ '\ '/ -- '/'\ '" -,,, D '. '\ \, -, \ \ i / (' ~\~! l -~ '\. i -\1 :\ \ '-. // \ i) if I i r I 1 I ::. ./ ~" \i i ! i > S'S. ~\ t l' ;I! ir- \) It!' : I.. : \, /) \ \ j i ! 4;1 J" i ! '- .1 \. '\\~ ",_r,.,/~ ,'. '-."" , COUNTY OF M~ON\~ '. '-~ ',"'], .-:;-- i ,::::./ '>,<.",..r',. \, (;, \ ~- "~"" \ ~i'};~ l .'-.' (::;:. /' Before, a Notary Puh(l~r)q and for said COllPJy(aryd State, personally appeared ~~ t..f"\C~.u::.: .' the~~,o*~ of KRG EAG~E CREEK IV, LLC, an IndIana lImIted habu1ty>!CO~aRy,:. ihQ;ackTIowledged the executIon of the foregoing instrument as such officer f~r"'~d~~~ b~~f':~f-sa'id limited liability company. By: >r ~ame:'1hoI-<AS (. N.c.~Of..&).rtrJ Title:~ Ope;kh~ O[:',fra:t'" STATE OF l'-JOIA~A Witness my hand and Notarial Seal this 2-~rd..day of Oclo~ ,2007. \~a~ ~ ~'" (printed name) Notary Public "",""" ''''''''''', ....., ~ \. \ R, 11"4 r"", .........' Q' .~.,.. ..... If, "" .:- ~ ." " -y ''':,. ! ,:' NOTARy.", -z. % ~ * [ SEAL) ~ \ tS'.... PUBLIC :' * / ~ /- ". ..' ~ ~ ""'.;~.OF. iNO\~~""'" My .~Ottlmi9stt)!;'Expires: County of Residence: ~Ii ?AJ,7.-ot'i Marl6V\ 0"\ &.r') c.-, C""-..I C) g.. ("'"') c:::> ("'"') "d" c::: C> Agenda Item NO.1 08 October 28, 2008 Page 14 of 107 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: KRG 951 & 41, liability comp y It ~------ . fn~ Signature lPName:~~AS t.. HC~A-^, ::J;" I rro~JrLk ~' Printed Name &~it]e: Chl e ~ (')P(Ol..-h~ 6+..hc..cr- ~J";-~__/P~ Signature ~--- _ r . Q // \fiiat'-IOnDrlv'b~r 23. 2.00 7 r1Ce,sr..pLJ~~()I.(:(~~\'~~~;h~ ' Pnnted Name / % '''"-- "( \ ;1 I l.:t-~__/ "--v\ ~ \ f (rrJ ml ~1))~f I STATEOF IHD(~ It-J~ClJJ1 ~,I If-] \ }8~: \~ I / 0:: ! AI' ......... 1 ~\. . \ It)' i 1..-. I COUNTY OF ~~LX'-' '~'~ ,~.~~.-. /./:::::.. '/ \4 ~\~ II~I-'/ \\t~f-_ -'. < L,)../ Before, a Notary Public: ~~.~~. for said. S9~t~/and State, personally appeared ~ K. Mc~r' ,the 6K(".er~~::'r$i~ of KRG 951 & 41, LLC, an Indiana limited liability companY~<.Wl!~_~~Mged the execution of the foregoing instrument as such officer for and on behalf of said limited liability company. By: ~,~tq.ess my hand and Notarial Seal this 2g~ day of O~ .. ~ "", ~\ R. Ii "'-, < /',l:..........~.~~"'..,,~ \~ ~ .". .~,. , ) t :.' NOTARy.... I" '~ lure - , ~ ; SEAL ~ ~ . *. , - ~ ". PUBLIC .: * f ~ tP~'" ..' _ ~ ~ - ' . ~~ .. ", -'''1:......... ~"....... "'1"1 OF INQ\ \\,.,.- ",".,,, na..""" My Commission Expires: , 2007. MiY:i~<2~Y\t1V\ (printed name) Notary Public County of Residence: ~\.; u>. ?otc.f ~'o(\.. ~ 0... ("'"') c:::> ("'"') "d" P::: C> SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEME:'<IT US 41 DEVELOPERS CONSORTIUM WITNESSES: TOUSA HOMES, INC., a Florida corpora71 /}/ BY:~ Name: bavJ A ~ ~L, Title: I). \3 \..i, ,"v\ ~ ~,.L.;;t- c:::> \..0 ("'"') C'"'.J ~v~ Signature \ ~U r\~ Vv;J ('\<Q( 5\c Printoo N,,"~ lW\ S;gnature\ ~ ~~ .folc~ 1,-/2.,'~~7 Dated: ---.---::---.-...... /.-/~ R C (~\ "">,, /' \\ ' '-'(')." ,/~"'\ ,..,,;--------<:..'./ \//' ",,- /' ." "\.:"?-"'.....',... "" ''''.-. /-,"io t:....,) ~/ '..... r__~, ,/ l.// ",-t". '\ /1 /./ ~__ \\ " ~efore, a Notary Public in !~n~~br 'sa. id~c...~ou'n~ a.nIf(d-,.S~t.e, per'sonal~ appeared -o~\r"4 A. 6:,61; . the 'OWl S'&Dn -:Pre~~-+ dfTOUS,\ HOMES, INC., a Florida corporation, wh? ackno,: l~dge1,~,threx,~Ft~0ri\ 6\ ifle-rQre~bj,ni ~~,stipme9t as such officer for and on behalf ot saId hmltjd~ap\htr comfi:'} ) ! iY ~0 Y I r...... ) j I '" '~'-"' '-1 ;:.1 y::, _ , L ~.,.~ .' . Witness my hand and Notarial, elll this" day (if IVOV~~, .;OO~ ; \ \.-....~. \ _ I!,~ift~, I ,/ '''--... / V~)./ / ". .1"':". \, (signature) ',":" ,,' / '.'. ~. "'-.../ /' /' SA1l.A'[:~~~tLLYA-;<'~,\>/ .....{prini~:n41e.l \'-~:>/ N otary-pubtle-- STATE OF f=IDYL~) ) S5: COUNTY OF Le.e ) Agenda Item NO.1 OG October 28, 2008 Page 15 or 107 My Commission Expires: County of Residence: "....~~~.,. SARA MALIVA !:"f~~ ,-"{;\ Commission DO 684700 ~: :1 Explres July 5. 2011 ~ . .,,~." BcncIod1'lwuT""f..,.......~7OI11 ',J?f"ll' 1--5-2011 L~~ Agenda Item NO.1 OG October 28, 2008 Paqe 16 of 107 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: C LIQUORS, INC., a Florida corporation L, C- ......-t \,,0 (""') C'"'-..1 Si C-hr1' ~ QWl \e.s- Printed Name B Name:..... Jd ~ Title: C- F 0 € ) UJ.~ L.. ~ c:::::.... (""') c:::> (""') "d" ----A.... j)~~ ""--.) ~ T SiT rt /..~ne)~,?('c>1 OM ~ W\,,~^/:::,,~:::----'<~I/'~ Printed. Name /C'"i'-~/ ,.,)~ '\ I / ~ / I~J~\\ \ STATE OF fbrJJ )~r1r. uK~lfl.~l.D ~~t\ \ \ c,) ,SS;\_/~ \ \ J / I j I I i:- J COUNTYOF O....~')~~\~ ~. - \")'. y /~j \ ...... \ '.fA. i / ~! \. ~\ \ \ ~K-' ~ Before, a Notary i11b1i,~ in and for said ~tt /~/' tate, personally appeared V" A'# c. <E,' ~ f,.. . ~ . ~ ". . C r <!) ....." / Co I of ABC LIQUORS, INc., a Florida corporation, w~o ~~O~~~'.~. . ~.'. e~~uti.on.9t:.~e;<ar;:gOing instrument as such officer fot and on behalf of sald nrmted habill~~~~~.;;-/ Wt~mYhandyJE~~daYOf ~t ,2007 (signa.tw"e) "3 [' . :.......... .JOttI F BENNETT o Y\" ~e f"\ /"H" .~ \.1 !~~r;.~ ~!y COMMIsSION, 00 47_ (pnnted name) i\~~.. /4 EXPIRES: DeoBmber7. 2009 N Publ' ,. '......'..;:!ll';. BoocIodThlu--'NlIc~ otary le;; .~',rff.~" 0:: C> My Commission Expires: County of Residence: \d-""-O~ O\Q(\~e C"'.I '-0 ("'"') C'"'-..1 t.!:) c:::L. cY") c:::> ("'"') "d" 0::: C> {'''''''Ide:! It"'m Nn 1 O~ - October 28. 2008 Page 17 of 107 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: NBC RV, LLC, a FlOrida limited liability ro~my ~ ::~~~ J'~ Title:- 4n.c "ir /?/~ jif c:7 . ~.0- ~ Signature ?.~ 0. -!O-.J ~~..I'~ Printed Name a~O I ,/ __Dated~/ / -A -0 7 ,.....'''- 'c:'R (""f '.." .... ~ \;.. L-, . . "-...' ,_t /.. ~."'"'''' /....O\:',~'::::'--_.--::<~:l'?.." // ........,,,. \\ .' \ \ \ L ~c. SJ-n-~Jd.~d Printed Name // =':-"-,-,;"i ",,~~I',:~.., CINDY L. SM4.lLWOOO l"m~ (;\ Nolaly Pubi:: . Stale CI/ FIcma ~~ · . . ~ My Commission Expires Jun 5. 2009 ~'..~ .7,!-_" Commission. DO 416494 I, OFn'i:lJ.'" ~I""lllt'\ Bonded By National Notary Assn. . (signature) (!//Y.t:Xj J. . Sro//uYif/ (printed name) Notary Public My Commission Expires: If S ~~CX:jq County of Residence: &//11'/ ~ '-C) ("'"') C"..I ~ ~ ("'"') c:::> ("'"') "d" tx: c:::> Agenda Item NO.1 OG UctoDer Lb, LUUO Page 18 of 107 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: NBC LAND HOLDINCS~ LLC, a Florida limited liabilitycompan'y By: ~ Name: Title: ~I" <It IV /l'J#---&~ r t:? Si ' () /~t-8-()7 f!/Nf!i1...Jm1/~/)~'v\ER LUU,,~ Name /~o\;~.....,I't)\ /'--7 "\' \ =// // '~~-~ ~:L \ \ STATE OF '.ls..lt!'C~CCJD-IP. \ \fll COUNTY OF '1'~ \~,~":,., -.s D f r-I ;..:. \ ~\' ! D.::;'J \1. \ ~... i /--, J _ .~foI91>_\-J;p}arY PU~>.'..in and for said ~~J ~..'~~tau; personall.' Y appeared ~ ttlJ '.::lA':)/1.. ,ii1~'.Jro~~~ ~;J:fJ/11r1 ofNB~ LAND HoLDINGS, ~ a Florida limited liabi1ity'k>~~ .'. . 'laio~~~ Jhe execution of the foregoing mstrumcnt as such for,a,ali op behali.DtfJBJ.~ . '---....!. lIP '~l ~.\.::../ Witness my hand and N" . Sealtlns-::":': tYOVtrJ fy/-, 2007. ......~~,~~~I~::~:..,".. CINOY L. SMALlWOOD t."".- 00"'\ Notary PUblic. State or Fbrida ~~ - . :; My Comrrission Expires Jun 5, 2009 "'::'~o..;<f;~' Commission' DO (16494 .......... Bonded By National NOIary Assn, My Commission Expires: County of Residence: acJ /11 if' {; "5- ~c:::rft ~~'d~ Signature By: ~~~<.~~ "Iv.,J"""~"-l. Name: ,//,.// J, ~ (iZ:~' Nam "/? / Title: /? D-~ /?/...- ~r: ofBasik Develo, e LLC,.th.e General Sig" . n.. p.... artn.. or O..fN.AP. LES BIG CYPRESS MARKET 0//1:t {bhdlL/dj}<~-;~ARTN._IP.LLLP . ted Name //~:\/ ::._:I5atea;-/-{.,::8 ~O 7 /,.>- l_?>.~/ ""'~~ ~."'" " \..."/ " \ // //;~::'-:---~'--"'-0~ \\ \ ,. ,,""-'.'. \ \ ~ .rJ / / ""'::\~J~\ \ ."\ STATE OF T I orlJtJ... .~ //-;",'1 /';~'" "~-~D-----\~ ;/\ \ .) SS~,' ! \J ( ! \ "'1 '\! .I ~ 'if \ I ~~ : JJ. i ,I i , ,./ ~ \1 I i J ',t \ \" \ ,\!,l- 11';" ! COUNTYOE fer l),- \\ \. /i\ \..} / l~' j I I.~ j \'''; \ ~/ ''"-.;~/ ::~-~~ ._~ / E=: J .Jj" ./J?efo19,_ a ~p.tarY Pub.'~. >...m and for said Cd~ .'~. ~/~~e. p~nalJy app.ear. ed q:J2. ftl ~ <)1 &.. . th~:,~~ rYilIJl)! r".../ of Basik, Development; LLC, the General Partner of N~..JlIG' MARKE',P~i2E LIMITED PAKrNERBSIP, LLLP, a Florida limited partnerSbip:/~~_~owt .. \:th)-'~xecution' of the foregoing instrument as such far aiid~nit)ehaIior-s8id '.... . . ".......k .r. { J~' ,. . ~ .~. '.~ . w~mY~md~u:;j;~~= l ,,~~~~"t~,.. CINDY l. SMALLWOOD ( "gnature) /~m."\ Notary Public - Stale 0( Florida 51 ~ . . ~ My Commission Expires Jun 5. 2009 /7 L" ~- j' I J ~~'to<,,~~~': Commission II DO 41&494 L'/tY"/)Lj' V'>7a ItA (::):_JeI "...."..',. Bonded By National Notary Assn, (printed name) Notary Public ~ '-0 ~ , C'"'-..1 ~ , 0... ,~ <:::> ("'"') "d" c:x: C> .~.g::::--,j::; :::::.rr ~~:, ;~c: October 28. 2008 Page 19 of 107 SIGNATURE PAGE TO DEVELOPERCONTRlBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: NAPLES BIG CYPRESS MARKET PuCE LIMITED PARTNERSHIP', LLLP, a Florida limited partnership My Commission Expires: County of Residence: &//;er- & 5..?()0C! &.r') '-D ("'W'") C'"'-..1 ~ g." ("'"') c:::> ("'"') "d" 0:: C> Agenda Item NO.1 OG October 28, 2008 Page 20 of 107 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US41 DEVELOPERS CONSORTIUM WITNESSES: ~~~/E~ By E ~/~-'- Printed ame Ti tIe: OvJ-I\..l.-f ~__u mcJ Signature R.._t1 ~ ~111 "'.. I c.. ~15atfaQr;P / 't? /67 Printed ame /(O"';j~~-"Vr~( , L/ -\ I / .I / \.:L-~'------~ \ \ STATEOFCc\~rJa (Jccc051PTIlJ COUNTY OF fJ"-; " \t. \ \ ) /;g; II Before. a Notary Puh@,..)~ and for said"'~tY'(Qm State. personally appeared ~ tJ\ A.~ \ -c. , tlit( ~,~e.r . /<. . / of REAL TYNET REAL ESTATE, LLC, a Florida limited 'lNi!>ilijY!.rt)~l~~wll~;acknowledged the execution of the foregoing instrument as such officer for'aRtl~ l5eh~l'f':i;fsaid limited liability company, Witness my hand and Notarial Seal this ~ day of 0) tl\i~\>-- ,2007, ,~ ~ .Lo;s ~~ (STgnature) F n 7-,. w(..&"' (printed name) Notary Public My ~~xpircs: ;;):;0 1:;011 , County of Residence: J1fh (I ~ ~ ("'"') C'"'-..1 ~ 0-4 ("'"') c:::> ("'"') "d" 0:: C) Aoenda Item NO.1 OG - :'-:-+::.t8c 2':' 21"1"Q Page 21 of 107 SIGNATURE PAGE TO DEVELOPER CONTRIBUfION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: HABITAT FOR HUMANITY OF COLUER COUNTY, 1Nc., a Florida Non-Profit Corporation ~ ~U;~.%/~~ Si Printed Name 4J:"~o;;! / /;~:mmt //.\ " \:,R C( k{. >.~-..... .u r< n.I a ~-;p;L- Ot' N\ShE>~:__r~~Jo/~~i:to 7 'D.-:-.....a Name ,. \"'. I ,-.r \ C 1.llJJ.CU. / // ", \ ,I /_w-----.,""--__ i"'" \, '\" I ~~~_--::'~"'>,J,,'" l.J \ \ i / 'L..-/-'\ \ \ ,I l /....-........'f .....'....-:-~ ~~~--"',::z--:r S7\ \ . l/ f/""""'\~I /\ '>, l'-"j) \ \ \ i/ \ \ -.E i !'.'.f "I f \. \! ~..- } i,. V/'I \ i I I II I ,!, i' ,.-.... "~ I STATE OF 'J II" Ill\ \ ! " I i<} '~I /'-! ., 'Ss '-....j '. _J ./., 1._ -'. ~ ." .' \'~ ,~-_...., ~~--...... ~-7' ~ " ,.."'.... i COUNTY OF I _II:^"'r\\".\ '''1, i..i.,':':-'. j ~~.r-"'\ 10.\ A !-'.'\l \ ~'i: \ '~7t / /~15>/ Before, a Notary Public: m-8n4 for said County ano'State, personally appeared Samuel J. Durso, MD., the President of H"ABg-~1:'~ HUMAN~.~,~b9LuER COUNTY, INC., a Florida Non-Profit Corporation. who ackrio.W!ed~-:ex~~:~of the foregoing instrument as such officer for and on behalf of said limited lia9iiiti~~y:., Witness my hand and Notarial Seal this~ day of Oc tf"l her. 2007. ;Jl~~J~ (signature) Lura -'Treill (printed nske) Notary Public ~~ NORMA LOR A-TREJO : ~ MY COMMISSION N DD590m ~ '''''''~ EXPIRES: Augusl29. 2010 . '"'' )-NOT All Y F: N"'"'Y Illscount AII<x:. Co. N (if r>1{) My Commission Expires: County of Residence: vg 1::2-'1/ {;lOID Co//lTr , r-- '-0 C""') C'"'-..1 ~ P-o C""') c:::> C""') "d" ~ C> Naples Reserve, LLC 515 Terracina Way Naples, FL 34119 Kite Eagle Creek IT, LLC c/o Kite Realty Group Attn: Eric Strickland 30 South Meridian, Suite 1100 Indianapolis, IN 46204 ,A.genda Item No, 10G October 28,2008 Page 22 of 107 SCHEDULE I Notice Addresses With a Copy to: Goodlette, Coleman & Johnson Attn: Richard Y ovanovich, Esq. 4001 Tamiami Trail North Naples, FL 34103 With a Copy to: Kite Realty Group Attn: Robert G. Solloway, Esq. 30 South Meridian, Suite 1100 Indianapolis, IN 46204 KRG 951 & 41, LLC With a Copy to: Kite Realty Group c/o Kite Realty Group .......__--Attn: Robert G. Solloway, Esq. Attn: Eric Strickland //\\ \:~ R C C~-:Sauftt Meridian, Suite 1100 30 South Meridian, Suite 1100 /rC ")r~mGJ~o.1is, IN 46204 Indianapolis, IN 46204 ;/ C~ ~\J~ '\ / c \'"-:---, \ KRG Eagle Creek IV, LLC I K ~.ith a &Vy to: Kite Realty Group c/o Kite Realty Group (CC ~ 'f . ~ G~ Solloway, Esq. Attn: Eric Strickland I ) i O}SQ,U ii/Meridian, Suite 1100 30 South Meridian, Suite 11~ \ C (Q) _ \:lndi:JiaIk>l\~ 46204 Indianapolis, IN 46204 \\" \ ":lJ( 1 /::::: / " ~\ \ ~'k . i ...... / \~\'~~ /./0/ ".-(-.- , ABG-LrqoUrS, Inc. \. 'r~'-l ',\; (, '. Attn;:J'Sm'Hartmann ", J /," ~ .,/. ,'\, / ',,~...' }"l./'r":' ('-1~:P~g:f3o'x 593688 "'....... ~ .. ...." t'l.,...... ~.---::~~la.ndo, FL 32859 TOUSA Homes, Inc. 4000 Hollywood Blvd., Ste. 500-N Hollywood, FL 33021 NBC RV, 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 lsland, FL 34145 NBC Land Holdings, LLC C/O Basik Development Attn: Keith Basik 720 Goodlette Road Naples, FL 34102 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 co \..0 c-) C'"'-..1 ~ 0... (V") c:::> c-) "d" 0:: C> Aqenda Item No.1 OG . 2008 107 US 41 / SR 951 Developer Consortium Partldpating Members Location Map Exhib.. A c..' '1.12..07 ~~o......., 2007 ~. FL 34'03 a....- ~"-'..""'__E~ --- --.,-----.""-- ~ ConoorlJum 4001 T_ T"," N,. It.lOO -+, , Vanasse Daylor --110-. .... - {,;I~ -~ - --- RlU ..000 .000 FOOl Exhibit "B" Legal Description for Naples Reserve LLC Section 1, Township 51 South, Range 26 East, Collier County, Florida c::r. '-0 ("'"') C'"'-..1 ~ a... ("V") c:::> ("'"') oo:::t" //~'" /. " \-)..:;:..-------~ J./~ /_~ " ""'"/ ~ v /' ~ /0)Y ." .J-. \ I / "\:, \ ! /~v~\ \ I / \~/-\. \ ( 1n:(."7\\~IJ~'~Q)\ 17\ \ \?~~~, 11 /m \~\"\ ~"'- ) /"'-1 \./\ !~~ / />0/ \~, "-,}/ i . / \ ~ '.../,( "-/ , r\'- /.'\./ "~JI>~"---:,,(" / '<',Z~!:iE C1\Z~;:.// ------ 0:: C> Agenda Item NO.1 OG October 28, 2008 Page 24 of 107 Agenda Item NO.1 OG October 28.2008 Page 25 of 107 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 /1S FOLLOWS: 0::: C> 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 SOUT~:tl>1~.Q~{4€~vy~" ALONG THE WEST LINE OF . SAID LANDS FOR A DISTA~C~.\g~.1.e3-:9l-FCEf;Vr;H~NCE RUN SOUTH 02028'03" WEST, ALONG SAID LAN~"'~A DISTANCE dF~6-;5~ FEET TO THE NORTHERL YMOS1WE51iERL,Y~ORNE,R OF ~CT 'I~' O~ SAID TRAIL RIDGE; THENCE RUN SOUTH 02030'2~~-W-EST~ONG, THE WESTERLY LINE OF SAID " '. "" , ~ \ TRACT "C", FOR A DISTANCE.QF .100;Q.9c:'fEEf;,:;;lliENCE RUN NORTH 90000'00" I ;,' f "t / ( '~I.;, ~ ~'\! l ~ 'I, \- ,1 ,I \ I WEST, ALONG THE NORllffE~L Y{U~~ Of; smD ~;cri ':C"I, FOR A DISTANCE OF 100.09 FEET TO A POIN1\ON_TffE EAS1..RIGHT-OF-WAY-L1NE OF STATE ROAD ',I. ,...... .",f '-. ...-'....__ ~_ .,...... 'I #951 (RIGHT-OF-WAY vARIES); nfENCE RUN NORTH ;:ff2030'29" EAST, ALONG l ~ ~\ ,,') ? ",' ) SAID EAST RIGHT-OF -WAY LINE, FOR A DIs:;rANCE.'O~ 140.20 FEET; THENCE '. 'l'~.J: '\ '<:' 't ;,'., 't;,,~/ / RUN NORTH 04012'04" ~ALONG SAID EAST'RIGHT-OF-WAY LINE, FOR A " '" '-'" I" ,t' / DISTANCE OF 640.85 FEET;,.1.HENCE RUN S0UT8."8go42'14" EAST FOR A t-" ,...__ .....- . ,_, " ,. .' DISTANCE OF 264.66 FEET; THE~GE ~ON1NoR1'H/15042'49" WEST FOR A ~'~...,. " l: J " ...~ ". ~ -. .T-.~ DISTANCE OF 320.41 FEET; THENCE--RUN-NORTH 35039'44" EAST FOR A DISTANCE OF 200.00 FEET TO A POlNT ON THE SOUTHERLY RIGHT-OF-WAY UNE 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 COUNn', 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 W4D HEREIN DESCRIBED, CONTAINlNG 24.575 ACRES, MORE OR LESS c:::> r-- ("'"') C'"'-..1 ~ c... ("'"') c:::> CV") "d" Agenda Item No, 10G October 28, 2008 Page 26 of 107 Exhibit B Legal Descriptions for TOUSA Homes Inc REFLECTION LAKES AT NAPLES PHASE 3] 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: ~ r-- ("'"') C'"'-..1 ~ C> BEGIN AT THE NORTHEAST CORNER OF TRACT RD-4, REFLEcnON 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 COUNlY, FLORIDA, THENCE RUN S.Ooo35'14"~.:.I_~"6Q.NG THE BOUNDARY OF SAID TRACT RD-4, FOR A DISTANC~"!)fr~~.~~~J;"THENCE RUN N.89024'46'W. FOR A DISTANCE OF 125.001;f;~.::t{JAPOlN:rJOtll>tHE BOUNDARY OF SAID TRACT RD-4; THENCE Ryrt.~,t}6035'14''E., AL~.t-HE\ BOUNDARY OF SAID TRACT RD-4, FOR A DI~A~C-e-eF-6~~~ET TOTH6\ BEGINNING OF A TANGENTIAL CIRCU~R C.pRV!;C;.. SON~E ~E. SOlfT\HEAST; THENCE RUN NORTHEASTERL 'f, AhO~C\~~~\ \J(F5;S~D\TRACT RD-4 AND ALONG THE ARC OF SAIQI CVRV.~ TOln)t~ ~~y~A\I,I.N4 A RADIUS OF 25.00 FEET, THROUG~:--A\GE~CE1oF 9~18'~C ,SUBTENDED BY A CHORD OF 37 .25 FEEl\~T\A BEARING OF N~~041'3~':€;/FOR A DISTANCE OF 42.02 FEET TO A POIN"T\~\~EVERSE CURV~~;E~Gg):(UN EASTERLY, ALONG THE BOUNDARY Of-SAID TRACT RD-4 AND 'ALONG THE ARC OF SAID CURVE TO THE LEFi>ffAVIN~t\ RAD1US:DI<'430.00 FEET, THROUGH A CENTRAL ANGLE OF 12059'li~,,90ffi:'EN6Et'l.BY::A'''CHORD OF 97.25 FEET AT A BEARING OF S.89035'45"E., FOFf"A:1SISTAfJ"CE OF 97.46 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 1.877 ACRES, MORE OR LESS. AND ~ c... ("'"') c:::> ~ "d" Agenda Item NO.1 OG October 28, 2008 Page 27 of 107 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 COUNTY, FLORIDA. AND 0:: C> 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 PUBUC RECORDS OF COLUER COUNTY, FLORIDA, BEING MORE PARTICULARLY ---- DESCRIBED AS FOLLOWS: ,/~-:;-C. R C' CI-;'';''"-', ,,/\ ' \..J 1. - '-...f I ; l' -'" / '\:. t ...<;...-----..:.---.,,: !t",_~~ ,/ /,_ ~,,f./' .......~.... l' 1. \ BEGlN AT THE NORTHWEsr~()RNER OF TRACTR9-5 REFLECTlON LAKES AT NAPLES UNIT II (PH,ASE"'tt.&.lU),. AS ~ECQRDED\IrffLAT BOOK 46 AT PAGES 33 THROUGH ~2 Of THE"PtJ,BYC, REe~DS Of CqLUER COUNTY, FLORIDA; THENCE RL!N S~l6r~:.5~~,\A~~~';,fH~~UNpARY OF SAID TRAO" RD-5, FOR A qI~i{\N~EVF!67;.8~IFFEF T9'fH~ B~GINNING OF A TANGENTIAL aRCULA~-CURYE; 'CONCAYEjTO l1!lElNORTH; THENCE RUN ~ ~ ,",--_"., . ',,___ ""-~ ~--, ....\ .... I EASTERLY, ALONG THE:13QUNDARY OF SAII):,TRACT RD;;g AND ALONG THE ARC OF SAID CURVE TO:'B-I~ LEFT, HAVING~~if.W>J~?~dF 255.00 FEET, THROUGH A CENTRAL ANGLEOF 27024'13", SUBJENDED BY A CHORD OF '- >:- _,," "A. ,/ 120.80 FEET AT A BEARING.OE;:~.82032'59:~(fG,R:A DISTANCE OF 121.96 FEET TO ll-lE END OF SAID cUR~irHENte.RUN'N.75050'52"E., ALONG THE """" .f;.,,;~ _' ,,;;. ..,...6' BOUNDARY OF SAID TRACT RD-5,-WR'A--f>ISTANCE OF 212.75 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE SOUTH; THENCE RUN EASTERLY, ALONG THE BOUNDARY OF SAID TRAO" 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'l1"E., FOR A DISTANCE OF 93.00 FEET TO THE END OF SAID CURVE; THENCE RUN S.04c22'31"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.80c44'1l"W., FOR A DISTANCE OF 71.67 FEET TO THE END C"""-.I r:-- (V") C"""-.I ~ c:::a.. ("'"') c:::> ("'"') "d" Agenda Item No, 10G October 28, 2008 Page 28 of 107 ("'"') r0- C"") ~ OF SAID CURVE; THENCE RUN S.7soS0'S2"W., ALONG THE BOUNDARY OF SAID TRACT RD--S, 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-S 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'S9"W., FOR A DISTANCE OF 181.75 FEET TO THE END OF SAID CURVE; THENCE RUN N.76044'SS"W., ALONG THE BOUNDARY OF SAID TRACT RD-S, FOR A DISTANCE OF 67.88 FEET; THENCE RUN N.1301S'OS"E., ALONG THE BOUNDARY OF SAID TRACT RD-S, FOR A DISTANCE OF 125.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 1.477 ACRES, MORE OR LESS. TOGETHER WITH ~ p... C"") c:::> C"") "d" ~ C> A PORTION OF TRACT RD-3, REFLECTION LAKES AT NAPLES UNIT II (PHASE II & III), AS RECORDE~~f~~~'~~ AT PAGES 33 THROUGH 42 OF THE PUBUC RECORDS pf4;gwt ~AqRIDA, BEING MORE PARTICULARLY DESCRIBEf'lt~'FOLLOWS: "'" 1-, \,\ /~;/ " \ BEGIN AT THE NORTH~E$l- ~RNERoe ~tr RD~i3, ~EFLEmON LAKES AT NAPLES UNIT II (PrHASE:~~H~~~qiIN pLAT BOOK 46 AT PAGES 33 THROUGH ~2 diF fHE{ PUBU~ REC0Rt>S':OFI COlUER COUNTY, FLORIDA; THENCE RU~:~~S'O~/~~G ~B~~~DARY OF SAID TRACT RD-3, FOR A DISJANCE OF 157.50 FEET; TH~' RUN S.76044'SS"E., ALONG THE BOUNDAR\(-qf\?AID TRACT RD-~l\F<?~/~~IsTANCE OF 19.00 FEET TO THE BEGINNING1)~A TANGENTIAL CIRCULAR CURVE, CONCAVE \"~" /,.,. / TO THE SOUTHWEST; THEN~'.R.~tt~~!~.lY, ALONG THE . BOUNDARY OF SAID TRACT R1)"3l~f:4Q ~~G>~~Jl1E ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2SJ:1014:ET-;"THROUGH A CENTRAL ANGLE OF 77020'09", SUBTENDED BY A CHORD OF 31.24 FEET AT A BEARING OF S.38004'S1"E., FOR A DISTANCE OF 33.74 FEET TO THE END OF SAID CURVE; THENCE RUN S.0003S'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.0003S'14"E., ALONG THE BOUNDARY OF SAID TRACT RD-3, FOR A DISTANCE OF 45.39 FEET TO THE BEGINNING OF A L\aenda Item r\Jo. lOG ~ October 28. 2008 Page 29 of 107 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 o30'00"W., FOR A DISTANCE OF 53.97 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.644 ACRE, MORE OR LESS. ~ r-- ("W'") C'"'-..1 ~ c... ("'"') c:::> ("'"') ~ ~ C> ------- //'\/"\ t^-R C 0 r~:",. " /\ > > .__-'- '-' 1\ " "'-. / .'"' ,,'/," ---......., II /" .' /' ( J '-....... ~,,, ~')':' " //. "'-'>/". ~ \ / \-"/ " \ l/ /1'... "\, \ If',. \ r_ \ \ / f" _.........'.\ \ I /.l.~.-Q'~_ . \' I i ~" i \ \ / ! /-{;'~l(/t=\"'" ~:I'~\.lill -"\\.""\.7/\ \ (' It , ~ !' \ \ v' \ \i'i ! Ii I. \ Ii. ..~ '.\-.L !. i \- \\. \'<' \ \ I ,/ I lj.1 ~ i ,_' \ I "' \. ,'......::;:..... '~.,~.....::~ __.'\ /; ;...,..."" j \ \ , \ ~=:I,~ i \ / ,::',~' / \~~, ~iT~({o/ "-'. '""'".., ..",/'0,.,/ ~----_. ,/ """,,!, L~___...~~\. ,/ / Agenda Item No, 10G October 28, 2008 Page 30 of 107 Exhibit B Legal Description for Kite Eagle Creek II LLC 0:: C> 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 PlJ\T BOOK 16, PAGES 30 AND 31 OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE ON THE SOUTHWESTERLY RIGHT-OF-WAY UNE OF U.S. HIGHWAY NO. 41 AT THE NORTHWESTERLY CORNER OF "CAPRI COMMERCIAL CENTER" AS RECORDED IN PLAT BOOK}1t;P~~m"N~53 AND THE NORTHWESTERLY CORNE~~~~Q..T-2-cA-pr{i::€,~~RCIAL CENTER REPLAr' AS RECORDED IN PLAT ~OQl);35, PAGE 85 OF THitplJ~UC RECORDS OF COWER COUNTY, FLO~D~R)R...A-POINT OF BEGI-NNING. FROM SAID POINT RUN SOUTH 35039'28"'WeSr ~t6NG TliEWEsTERL Y UNE OF SAID "CAPRI COMMERCIAL CENTE~" AHe~-<Pl~fiJl' 1 " i~~e~L\CENTER REPlJ\r', A DISTANCE OF 272.94 [F..E~ TO lHe... 90 ~l, i ,~~L Y..J ~O.. ~NER OF SAID "LOT 2 CAPRI COMMERCIAL CEf)l\fE.YEP~~' '~CEJ}JJN ~ 54020'32" EAST ALONG THE SOUTHERL...,UNE OF SAID "L01rr2 CAPRI' COtvlMERCIAL CENTER REPlJ\r', A DISTANCE\6~j;71.00 FEETTO~SbuTHEAsrERLY CORNER OF SAID "LOT 2 CAPRI COMMERCIAL CENTER REP~t"~~THENCE RUN NORTH 35039'28" EAST ALONG TH'E~~,!:!!i~-Qf'~6 "LOT 2 CAPRI COMMERCIAL CENTER REPLA"'~'J',A.I'DISTANcE-OP23.00 FEET TO AN '-.......', -A-o' 'f,.,...-j!.." -~ INTERSECTION WITH THE sounfERtV-tlNtOF 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 87029'5111 EAST ALONG SAID SOUTH 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 OFACIAL RECORDS BOOK 2630, PAGE 2773 OF THE PUBUC RECORDS OF COLUER COUNTY, FLORIDA; THENCE RUN SOUTH 04010'08" WEST ALONG &.r') r-- C""") C'"'-..1 ~ Cl-. ("'"') c:::> ("'"') "d" ~,genda item No. 10G October 28, 2008 Page 31 of 107 ~ ~ SAID WESTERLY RIGHT-Of-WAY UNE, A DISTANCE Of 136.65 TO THE NORTH UNE OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 2699, PAGE 792; THENCE RUN NORTH 85002'55" WEST ALONG SAID NORTH UNE, A DISTANCE OF 226.52 FEET TO AN INTERSECTION WITH THE BOUNDARY UNE OF THE PROPERTY AS DESCRIBED IN OFACIAL RECORDS BOOK 3344, PAGE 260 OF SAID PUBUC RECORDS OF COWER COUNTY, FLORIDA; THENCE RUN SOUTH 04057'05" WEST ALONG SAID BOUNDARY UNE AND THE WEST UNE Of SAID PROPERTY DESCRIBED IN OFFlCIAL RECORDS BOOK 2699, PAGE 792, A DISTANCE OF 78.24 FEET; THENCE RUN SOUTH 35039'28" WEST ALONG SAID BOUNDARY UNE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND SAID WEST UNE OF THE PROPERTY DESCRIBED IN OFACIAL RECORDS BOOK 2699, PAGE 792, A DISTANCE OF 33.43 FEET; THENCE RUN SOUTH 54020'32" EAST ALONG SAID BOUNDARY UNE OF THE PROPERTY AS DESCRIBED IN OFACIAL RECORDS BOOK 3344, PAGE 260 AND THE SOUTHWESTERLY UNE OF SAID PROPERTY DESCRIBED IN OFACIAL RECORDS BOOK 2699, PAGE 792, A DISTANCE OF 175.20 FEET TO THE POINT OF CURVATURE OF A CURVE Qf;SAlliiooutiPARY UNE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RSCQROS:BOOK~'3~l;:P..AGE 260 AND SAID ,.., ;" 'l: \V" __,., "'",f .~. '." SOUTHWESTERLY UNE 9FctttE PROPERTY DE~BEI? lN OFACIAL RECORDS BOOK 2699, PAGE 792, SAI[i.CURVE BEING CONcAVE NORTHEASTERLY AND { ." "--_~~, r"", \,,, HAVING A RADIUS OF,50.~0 FEEl;:..A~~~ ANGL~ O~ 33010'23" AND A CHORD BEARING ANq DI~~'N~~-QF~5P~'~QoS,5;~" ~, 28.55 FEET, RESPECTlVEL Y; THENCE RUN ~RLY!AL{)NGSAIDi CURVE, AN ARC ! 1 ~ ~ \, ( \ ,: '! i ' , ~ I !,.. , DISTANCE OF 28.95 F..Ee.;l\':r~+HEIDINJ ~ TA~GfNG!'PF SAID CURVE; THENCE RUN SOUTH 8~30'55" EAST ALONG SAID BOtJNDARY UNE OF THE PROPERTY AS DESCRIBEQ''!N OFFICIAL REC{)RDS BO()Ki 3344, PAGE 260 AND THE SOUTHERLY UNE O~?AID PROPERTY DESC.Ri~D' IN OFACIAL RECORDS --...., .' '..... , BOOK 2699, PAGE 792, ANO'~I.:.ONG THE SOutH'UNE OF THE PROPERTY "- .,."" '~"'., -.....- .,.,..-'- .-~<..... " ../ DESCRIBED BY THE ORDER OF'TAKI~G7RE9G~DED IN OFFICIAL RECORDS BOOK 2605, PAGE 3232 OF SAID PUBf::It-RECORDS Of COLUER COUNTY, FLORIDA, A DISTANCE OF 68.63 FEET TO THE POINT OF CURVATURE OF A CURVE OF SAID BOUNDARY UNE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND SAID PROPERlY DESCRIBED BY THE ORDER OF TAKING AS RECORDED IN OFACIAL 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, RESPECITVELY; THENCE RUN EASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 11.34 FEET TO AN INTERSECTION WITH SAID WESTERLY RIGHT-OF-WAY UNE OF STATE ROAD 951, COLUER BOULEVARD; THENCE RUN SOUTH 04057'05" WEST ALONG SAID WESTERLY RIGHT-OF-WAY UNE AND SAID BOUNDARY UNE OF THE PROPERlY 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 '-0 E:-- ("'"') ~ ("'"') c:::> <"""") ~ ~ C) Agenda Item No. 10G October 28, 2008 Page 32 of 107 c::a::: C> 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 TIiE PROPERlY 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 UNE 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 UNE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260, A DISTANCE OF 236.49 FEET; TIiENCE RUN SOUTH 02029'06" WEST ALONG SAID BOUNDARY UNE 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 A~.~~+~~~r' AS RECORDED IN PLAT BOOK 28, PAGES 72 THRO~}~~-sAIf5-P-UBUC:'~ORDS OF COLUER COUNTY, FLORIDA; THEMZSiiON NORTH 54oib'3i"WEST ALONG SAID / ......... ,," '\ ' BOUNDARY UNE OF l11E P~QP.eR+v'&!?..~RIBE~ IN\~FFICIAL RECORDS BOOK 3344, PAGE 26qf ANp liiE""NO~~.EASTE~~':E O. F SAID "CRYSTAL LAKE TERRACES AT Ef\G~~"'<;R~~E~t(ft~r;;-A1 \' ;/ ,CE\OF 1052.44 FEET; THENCE RUN NORTH(35'~9\28"(~, ~~Dl,5fA~C~/Of,lqO.OO FEET; THENCE RUN NORTH 80000'l~'(~..J~?OISIAN$F 6~~1~ 1ge5T; THENCE RUN NORTH 35039'28" EAST, A DI~~CE OF 260.11 FEE!~ TtilE~~~UN SOUTH 54020'32" EAST, A DISTANCE OF '~3,l;.~ FEET; THENCE"~4N/N,<?8.1fi 35039'28" EAST, A DISTANCE OF 360.81 FE~;~"ENCE RUN SOlfD'/54~1'5'18" EAST, A DISTANCE OF 26.69 FEET; THENCE R1JNl~RJ]-t 350~~4,?tEAsf, A DISTANCE OF 34.06 ~.'" ,l....... .........-- .,"',,) .,.' FEET TO AN INTERSEcrION WrfHlSAlD-SOU::rHWESTERL Y RIGHT-OF-WAY UNE .... -', .,. j - ". "...... ".,,.,.....,~ OF U.S. HIGHWAY NO. 41; THENCE'RUrfSOlJTH 54020'32" EAST ALONG SAID SOUTHWESTERLY RIGHT-Of-WAY UNE, A DISTANCE Of 374.76 FEET TO THE SAID POINT OF BEGINNING. r:-- r:-- ("'"') C'"'-..1 C) 0... ('W'"') c:::> ('W'"') 00:::::1'" CONTAINING 646,291 SQUARE fEET OR 14.84 ACRES OF LAND, MORE OR LESS. Agenda item ['Jo. 10G October 28, 2008 Page 33 of 107 Exhibit B Legal Description for KRG Eagle Creek IV LLC ~ p.., BEING A PART OF THE NORTHWEST 114 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLUER COUNiY, FLORIDA. (THE SHOPS AT EAGLE CREEK PAD #5 DESCRIPTION) ALL THAT PART OF SAID SEmON 3, BEING MORE PARllCULARL Y DESCRIBED 16 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 PUBUC RECORDS OF COLUER COUNiY, FLORIDA. THENCE ALONG THE SOUTHWESTERLY RIGHT-OF-WAY UNE OF TAMIAMI TRAIL (u.S. 41) SOUTH 54020~3?';,~ (!~~~"9,'f=EET TO THE POINT OF BEGINNING; THENCE CON1J~Ej\1DNG'"SAIe:RIG.HT -OF-WAY UNE SOUTH 54020'32" EAST 193.09 FID;:1HENCE LEAVING"SAiO.UNE SOUTH 35039'28" WEST 123.00 FEET; THE'NCE'NORlH 54020'32" wEsT 1,93.09 FEET; THENCE NORTH 35039'28" EASt 123.0a"fEET TO fRfPOINTOF''BEGINNING. CONTAINING 0.55 ACRES"MORe,Ott:fb~EING'::2~~749'SQUARE FEET MORE OR LESS. SUBJECT TO EAsEMENTs ANd REstRIrndNs OF RECORD. BEARINGS ARE BI6E~t'Q~":rM~i~LyjJNE QElsAiQ. pLAT OF THE SHOPS AT EAGLE CREEK, UNrrU~E, BElNG SOUTH54020'32'!,':EAST. '. v",,: \ '\",~<~~,-/// / / "'......... , , "'",~';:i7--"---'--- -'~''''''''''''--:.._---_.--._..--.~'''' 00 r-- ("W"") C"'-.J ("W"") c:::> CV") "d" ex:: C> Agenda Item No, 10G October 28, 2008 Page 34 of 107 Exhibit B Legal Description for ABC Liquors Inc. c::: o PROPERTY 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 COUNn' 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 A DJ5!T~~@~S?~2 FEET TO THE POINT OF BEGINNING OF THE PARCEJ.~Qe~-tfERt:.lt-l~Q~RIBED; THENCE RUN S 54 DEGREES 20'16" E FOR A.DISTANCE OF 439 .9SFEE1;"piENCE RUN 535 DEGREES 39'44"W FOR~ D)~NCE,OF 190JJO FEET; l{tENCE RUN N 54 DEGREES 20'16" W FqR A,.tOISf-AN<;E~15!.~9 FEE\" TH,ENCE RUN N 02 DEGREES 12'01" E FO~ AlO~~~~fn)f.~?'~rr'5)~~)fTH~CE RUN N 54 DEGREES 33'42" W FQR "fD~~N{:~Of\2~10~fEfT~ l11ENCE RUN N 35 DEGREES 4Q'36"E FO~tA; Dlg~NC:~f 1l8.~2 F~ lJi;NCE RUN N 54 DEGREES 19'24" W FQ,Fr"A\DISTANCE OF 73:95 FEET iT"OA POINT ON SAID " .",,', \ \ll, . , i.,) I EASTERLY RIGHT OF W~":64NE OF COUNTY"g~"P/9~tV THENCE RUN N 35 DEGREES 40'08" E, ALON@[SAID EASTERLY RiG1Jr_~(WAY FOR A DISTANCE OF 148.39 FEET TO THE PO~:~~..,B~tiIN~~~JHE PARCEL OF LAND DESCRIBED HEREIN. "',..",J If F CnZ'-::~:::/ '-'''--...~~::---.---- en. r- ("'"') C'"'-..1 ~ Q... ("'"') c:::> ("'"') "d" ,A,aenda Item ~h 10G ~ October 28. 2008 Page 35 of 107 Exhibit B Legal Description for RealtyNet Real Estate LLC PIN number 00726724107 c:::> co ("'"') C"'.II 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 IT OF REVERSE CURVE, EL Y 38.64FT, S04DEG W 154.42FT TO POB. ~ c:::a... ("'"') c:::> ("'"') "d" p;:: C> '~-:==-;-r--~~" ,/. <; kR . Of .'""-" / i ~. \........... . "'- \...J fA"" .,./~~,") \.:~~~~.---------=::: ~/ \/). ~r~"~" / /:, '-;>/ "'"'< )~'" ./ l..-,' ,/ ...." \\ ,l ./f' '~',---__ 1"- "\'\ '\ ,I / itl---=,:.. ~ "-'W \ \ \ / / ,-:\"<'--~"--,, k- - .~\ \ i ! ,.' I~ / i\ '\. i'\.\D'\ \ \' l' \ 1\ I ; l \~ r ; \ 'I: ,,\ \ "~I 1 i if r [I I \'. ....../ f~, il/ I 1 I. i."!. \ \. , J I ,,:-. \j Ii. i -.. t \ \ ,)-1 \ ,. i / t Lh \ 1 f __ , \ I " \.. -'---<../ ,~~,. ,..:. -..:::::s <'" : \, \ -~ \ ,-.... ~-".- ,::"'-~.;:' '~, ./ ./ Ii../ '~,~(./i/<! ,/ // '\ ~// \ >' '\ /it.- '\" , ' , ~-~,~--,_.....-",~ Agenda Item NO.1 OG October 28, 2008 Page 36 of 107 Exhibit B Legal Descriptions for Naples Big Cypress Market Place Limited Partnership, LLLP PARCEL n A n LEGAL DESCRIPTION (OFAClAL RECORDS BOOK 2812, PAGE 2151 ....--t 00 C""') ("'0.1 A PARCEL OF LAND LYING IN THE EAST Y2 OF THE EAST V2 OF THE EAST V2 OF SECTION18, TOWNSHIP 51 SOUTH, RANGE 27 EAST LYING NORTH OF U.S. 41, COWER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ~ ~ ("'"') c:::> ("'"') "d" 0:: C> COMMENCING AT A POINT, SAID POINT BEING THE INTERSECTION OF THE EAST SECTION UNE OF SECT!pN;~fi~~,51 SOUTH, RANGE 27 EAST, COLUER COUNTY, FLORID~.~~~CN5~~t:((-OF-WAY UNE OF U.S. 41 AND BEING THE POlNT 9F~~~NNING OF THE~RE~ DESCRIBED PARCEL THENCE NORTH 54019'26" Wlis+-Al-ONG THE NORTH RIGHT-OF-WAY UNE OF U.S. 41 FOR A DISTANCE OF 451:53 FEETTO""''irHE POINT. OF CURVATURE OF A NON-TANGENT CURV~ Tq.'1 ~.' ~~~~6~~G\TH~ ARC OF SAID CURVE HAVING A RADIUS O~ 36~.3~ F~E1 A;ND lB~SU~~DFD BY A CHORD WHICH BEARS NORTPfr1'8~6~i9n~/~A d\oRq;~I~ANCE OF 217.41 FEET FOR AN ARC DI~CE OF 220.85 FEST;; THENC~ORTH 00033'23" EAST 'I y. - \ \ '\-'.", j l ....,.._j I 236.98 FEET; THENCE ~lJ\H 89026'37" EAS'ft~q3~.5.tf,EETTO THE EAST UNE OF THE AFOREMENTION~~~~ON 18, TOW~S~IP-.Sl SOUTH, RANGE 27 EAST, THENCE SOUTH ooo~~~'~~~1.~~;,~~rf SEmON UNE OF A DISfANCE OF 704.02 FEET TO:n:t!1PI{fIi~;BEGINNING. ----- 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 112 OF THE EAST 112 OF THE EAST Y2 OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST LYING NORTH OF U.S. 41, COLUER COUNTY, 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 SOUTH, RANGE 27 EAST, Agenda Item NO.1 OG October 28. 2008 Page 37 of 107 COLUER COUNn, FLORIDA AND THE NORTH RIGHT-OF-WAY UNE OF U.S. 41; THENCE NORTH 00032'17" EAST, ALONG SAID EAST UNE 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 00033'2311 EAST, 15.00 FEET; THENCE SOUTH 89026'3611 EAST, 303.51 FEET TO THE EAST UNE OF THE AFOREMENTIONED SECTION 18, TOWNSHlP 51 SOUTH, RANGE 27 EAST, THENCE SOUTH 00032'1711 WEST ALONG SAID EAST SEmON UNE, 15 FEET TO THE POINT OF BEGlNNlNG. <"'-J CX) C"'"'") <"'-J CONTAINING 4.553 SQUARE FEET, MORE OR LESS. BEARINGS BASED ON THE EAST SECTION UNE OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLUER COUNlY, FLORIDA AS BEING NORTH 00032'1711 EAST. ~ C> TOTAL ACREAGE: 4.40 ACRES, MORE OR LESS. //'~.;.cR CC\('~~"."' /" \ ,L, J ,,\ _. ,/.. ,/,' ____,J./\...~ '-, / "-" \.j ,...- .,,-' , )"" .', ",./ -'''<'' ,','....: ,/ , , / i, '/ ./"~ "\ / ~, ~ LEGAL DESCRIPTION I / _ \ '. ( / "" " ,-,.,,; \ "- (OFFICIAL RECORDS BOOK 28'1.z;,PAGE2T51)\ \ \ ! ; /----1 ,~ ~~ ~\ ~i ...\ \ r ! l <,,...~.,~ .t.- '~. " '.'- l"\. \ ,t' \. ' r .'" . ~, t i ( 1 '" ! 1 \, ". I J 1 \ A PARCEL OF LAND LYING IN THE :EAST; r~::OF THE>EAST lV2 OF THE EAST V2 OF SECTION 18, TOWNS8I~\\5.t~9U:t:b1:--~~~ 27 ~.4~Jt'lG NORTH OF U.S. 41, COLUER COUNlY, FLORIOA, AND BEING M0RE PARTICULARLY DESCRIBED AS FOLLOW- \ .~\ " ~I, ! i ...,_ I ~: \':..<:\, '-'~?t,j///i // \~ " /',. / COMMENCING AT A POINl, 5AmPOINT BEING:JftelNTERSECTION OF THE '''. .,.l" '~'-,._ -___.. ~._______ ,.....<'\ \ . "" EAST SEmON UNE OF SECTIQN lB;STOWNSHIP'51 SOUTH, RANGE 27 EAST, '"", _'. ". ..:, ,... r,. . ~ )... - .~", COLUER COUNn, FLORIDA AND-THE-NeRrH RIGHT-Of-WAY UNE OF u.s. 41; THENCE NORTH 54019'26" WEST ALONG SAID NORTH RIGHT-OF-WAY UNE 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 UNE FOR 265.69 FEET; THENCE NORTH 00030'21" EAST 606.58 FEET; THENCE SOUTH 89029'39" EAST 200.00 FEET; THENCE SOUTH 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 SOUTH 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 WHlCH BEARS SOUTH 41043'39" EAST AND A CHORD DISTANCE OF 16.87 FEET FOR AN ARC DISTANCE OF 16.99 FEET; THENCE SOUTH 29033'26" EAST 50.76 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE ALONG THE ARC PARCEL "8" ~ c... ("'"') c::> C"'"'") oo:::r Agenda Item ~~o, 10G October 28, 2008 Page 38 of 107 OF SAID CURVE HAVING A RADIUS OF 276.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS SOlITH 14030'0111 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. ~ ex::) ("'"') C'"'-..1 CONTAINING 3.94 ACRES, MORE OR LESS. BEARINGS BASED ON THE EAST SECTION UNE OF SEmON 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COWER COUNTY, FLORIDA AS BEING NORTH 00032'17" EAST. ~ P-o ("'"') c:::> ~ oo::::t' ~ C> PARCEL nDn ~D'-' LEGAL DESCRIPTION //~~ ()/V~ (OFACIAL RECORDS BD9't~t2, PAGE 2152)'<:;...."\ II I~ " \ \ '" ,-----" r-. ,\ PARCEL IN WEST 1/2 OF yHE I~ U 2 OF SECTIQN 17; BEGINNING AT THE SOUTHWEST CORNE~ S~~/lm~R~Q~'20~ EAST 1271.72 FEET TO CONCRETE MONU~EfiP" pN1H~ $O~GlfFfO~-,W~Y OF HWY. 41. THENCE NORTH 00037('4.5\.t"~"2~48,,.F~ TO~~~!WfE MONUMENT ON NORTH RIGHT -QF-WA~F HWY. 41, BEINCttPOINT OFl3EGINNING, THENCE ;. ~\ \ ~!~ _. J ~- A.o. '.1 SOUTH 53055 '4011 EAS\'~L'QNG NORTH RIG~"qF~~J? UNE 512.45 FEET TO POINT IN CENTER UNE RRBPQSED ROAD, THE'N,qE~pRTH 36004'20' EAST 402.6 FEET TO POINT IN CEt~'H::~-U~..E.-BC?~Q).JHENCE NORTH 88044'OO'WEST 657 .56 FEE"rTQ~~J (l11,Et'!CESOUTH, 00037'45' WEST TO POINT OF BEGINNING, ALL THE ABOVE-BEING IN SEmON 17, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COWER COUNTY, FLORIDA, LESS AND EXCEPT THE EAST 30 FEET CONVEYED TO COLUER COUNTY IN O.R. BOOK 801, PAGE 1079 FOR ROAD RIGHT-QF- WAY. 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 I EAST. *AG Zoning Parcel Agenda item No, 10G October 28, 2008 Page 39 of 107 Exhibit B Legal Description for NBC RV, LLC 0:: C> 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 SEmON 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST LYING NORTH OF U.S. 41, COLLIER COUNTY, FLORIDA. AND BElNG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENONG AT A POINT. S~~~c'B.EJtJ~~J:HE INTERSEmON OF THE EAST SEmON LINE OF SE0IQ~_18;-;--oWN5t4tp,~,~ SOUTH, RANGE 27 EAST. COLLIER COUN 1Y FLORIDA~ND THE NORTH ~..OF-WAY LINE OF U.S. / "....i,~ ..... \ 41,THENCE N.00032'17'~E. KOlSTANCE OF 704.02'ALONG THE EAST LINE OF I .... -', "'--.. ~ \ \ SAID SEmON 18, TO /THE' POItfr:,.OF BEGINNING THENCE N.89026'36"W, A DISTANCE OF 303.51 fEEV'1~~fJ::f~~I;fl"~~7)vAY OF BASIK ROAD.; THENCE N.ODo33 '23 rE.,i~ DISl(A~C~ q>F j~6\fEFT ~O ffHE POINT OF CURVATURE OF A CU~VE~<[Q,~3li.EJ:;ff~1 HAVING: A ~i?tus OF 360.00 FEET, A CENTRAL ANGLE OF 30~6'49", A CHORD BEARING OF:Ni14030'01'W AND A CHORD LENGTH OF 181:0.1'4 FEET; THENCE A<>NGttiE1 ARC OF SAID CURVE:, ... ,1 . \ \. l"". r / -'" ","",,/ / AN ARC lENGTH OF 189.2~--':E~ TO THE POIN'1;'9F:.~NGENCY OF SAID CURVE:; THENCE N.29033"26.~~~1',~DIST~~G~~;50.76 FEET TO A POINT ON A CURVE: TO THE RIGHT. HAVlNG'..4.d:t~OIW$-of:-4b.OO FEET. A CENTRAL "'-.~." -~ ..:- 1. " 'l... ' I-~' ....."..,.~ ANGLE OF 24020'0 1, A CHORD BEA'RiNG-OF'N.17o23"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'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.Ooo30'21"E.. A DISTANCE OF 2203.66 FEET, THENCE S.88015'58"E., A DISTANCE OF 456.89 FEET TO A POINT ON THE EAST UNE OF SAID SECTION 18; THENCE S.Ooo32'17"W, A DISTANCE OF 2550.00 FEET TO THE POINT OF BEGINNING. "d" co ("'"') C'"'-..1 ~ CLo ("'"') c:::> ("'"') "d" PARCEL CONTAINS 25.7 ACRES, MORE OR LESS. LESS THE FOll.OWING: Agenda Item No, 10G October 28, 2008 Page 40 of 107 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 COUNn'. FLORIDA. AND BEING MORE PARTICUlARLY DESCRIBED AS FOLLOWS: ~ C> COMMENCING AT A POINT. SAID POINT BEING THE INTERSEmON OF THE EAST SECTION UNE OF SECTION 18, TOWNSHIP 51 SOlITH, RANGE 27 EAST. COLUER COUNTY. 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 II E., 15.00 FEET; THENCE S. 89'26 '3611 E., 303.51 FEET TO THE EAST UNE OF THE AFOREMENTIONED SECTION 18, TOWNSHIP 51 59~~Gf'?:',~, THENCE S. 00'32'17" W ALONG SAID EAST SECTIOf)l.1l. ~;.15:00=FE'Erit"i)7'THE POINT OF BEGINNING. /"0// ".~ )~'\ CONTAINING 4,553 sadA~..EEEI,-..MORE OF LES5J \ //'w-=......,~ \\ BEARINGS BASED ONiTH~/9\SJ,S~" . !Jt'tjjN~~fiCTlpN 18, TOWNSHIP 51 SOUTH, RANGE 27 E.4{sQCOLU{:pjC YffTl.~AQRrO~':5. !BEING N. 00'32 '17" E. \ n \~/-l \J:-:// ~U U le) TOTAL ACREAGE: 25.6c1\CRES, MORE OR LE5$ I / ~ i \f\\\~ )fk / I......; \....-::.; .'t<i~ / i'"'\/ \ ( .;. \'" I /f ,...... """..,/ \ /.- .....,. , / \ ~ ~ ;' , ......'/ \( 0 i'-. ~ --:,-:~"\../ "~:.Z[:iEC,\-t:;);>/ -- &.r') 00 ("'"') C"'-JI ~ c::L. ("'"') c:::> C""'") ~ Agenda Item NO.1 OG October 28, 2008 Page 41 of 107 Exhibit B Legal Descriptions for NBC Land Holdings, LLC LEGAL DESCRIPTION PARCEL" 1 " 0:: C> BEING A PART OF SECTION 18, TOWNSHIP 51, SOUTH RANGE 27 EAST, COWER COUNTY, FLORIDA. COMMENCING AT THE NORTHEAST CORNER OF SEmON 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLUER COUNTY FLORIDA. THENCE NORTH 88004'41 II WEST ALONG THE NORTH UNE OF SAID SEmON A DISTANCE OF 657.48 FEET TO THE POINT OF BEGINNING. THENCE LEAVING SAID SECTION UNE SOUTH 00029'48" WEST A DISTANCE OF 968.59 fEeT~iffE~~~tlQ,RTH 88008'57" WEST A DISTANCE OF 328.61 FEET;rtt~CE~eR-Tft:Q~?~'~4" EAST A DISTANCE OF 969.00 FE~(I1;)THE INTERSEmO~-WfJ"H SAID NORTH UNE OF SEmON THENCE-SOUTH 88004'41" EAST ALONG f r \.., ; .",,-. \ SAID SECTION UNE A;OISTANEE--QF-32S-:-74"FEET TQ THE POINT OF BEGINNING OF SAID HERElN:eEseRtarorAReE~ Of [\ \ I i/ { \if 'Ii \ \.' II. :t.J../ \ V/ i \ - it, ~ i i :'~ \\ I ~ ' CONTAINING 7.3 ACREs:~og';Q/3.-:l:.SssIJ~ ~;l:-l it j \, (~,\, \1{ t'~ ~ //.,'~/ SUBJECT TO EASEMENTS,:,RprRIcrIONS ANG/OR,RE$ERVATIONS OF RECORD. ''<''f- ~." \ \...~:.:. (~i/ BEARINGS BASED ON THENOR::rH UNE OF SEmON 18, ....... ,J .~. "'" "''-.--'''' ..__ .._" ,__'. ". " , _, TOWNSHIP 51 SOUTH, RANGE.2t~c,~YER'COUNlY, FLORIDA, AS BEING NORTH 88004'41JLWEST. *Industrial/AG Parcel ~ 00 (V") C'"'-..1 ~ 0... ("'"') c:::> ("'"') ~ LEGAL DESCRIPTION NAPLES BIG CYPRESS LAND CONDOMINIUM - UNIT B A PARCEL OF LAND LYING WITHIN SEmON 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLUER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SEmON 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLUER COUNTY, FLORIDA: THENCE SOUTH 00032'17" WESf, ALONG THE EAST LINE OF SAID SEmON 18, A DISTANCE OF Agenda Item NO.1 OG October 28, 2008 Page 42 of 107 681.42 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. C) p... ("'"') c:::> CV'> cd" 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, COLUER COUNTY, FLORIDA, AS BEING SOUTH 00'32 '17 WEST. */ndustrial Parcel r-- 00 CV'> C'"'-..1 0:: o ~~R C~O /. \\:'" LUrr~ /'~. \/" _-........;.jA.;. "'" / ~ ~ ......="\,.).,,'~ / {....... ) /-" "...........{ " , ;' /""...../ '" .r-" L./ \ / /c-~\ '\ I ' JA-~ ~\ \ '" LEGAL DESCRIPTION 1~-1 ....k.....l~~~., -'\ \ P~RCEL 'E' {".'/ r\.,/o \ Il[L; \. \1 \ .1 I~ L \ 1 J Il \\ I ! r I r'1 \ 11 ~ \.. ./'~. 'r., ..::J.. ~ ! r:-< I A PARCEL OF LAND L Y.ING N-THE EA5Tm~OF THE ~ 1/2 OF THE EAST 1/2 OF SECTION 18, TOWN~I~ 51 SOUTH. RA~~F 21 ~ LYING NORTH OF U.S. 41, COWER COUNTY, ~gRl~A, AND BEING MQ~'zE~TICULARLY DESCRIBED AS FOLLOWS: "\"qi>0-~(~;// ~ J'"-.f' }c"~ . -"l..~:"l> I . ",/ ....... -.( _ ......1 G~.... I ~ t""- ,"'., _ i' COMMENCING AT A POINT, SAID~P9ItiLt:BEINGTHE INTERSECTION OF THE EAST SECTION LINE OF SEmON 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COWER COUNTY, FLORIDA AND THE NORTH RIGHT-OF-WAY LINE OF U.S. 41, THENCE N.00032 'lrE. A DISTANCE OF 704.02 FEET ALONG THE EAST LINE OF SAID SEmON 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 DlSTANCE 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 AND Agenda Item ~~o, 10G October 28. 2008 Page 43 of 107 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. 00 00 ("'"') ~ CONTAINING 2.74 ACRES MORE OR LESS *Industrial Parcel ~ C> -------.. /"~'""'~:"- Y'} r--""'" -"". '""-",.~., / '\;"" \( 'r' ". .......... ''i.,)\.. '<-~-,.-'",. ,~/ /~.',"... //~-~:/- --~'''' V.?"~'" , " ..... " "'-, ;-,,', '\...../' ". \ // ;,,/ "\ \. f ____-.. . ~ I . '""- \ ! ,,/ ,~1.$--':::-~..... '--,-"\.;. \ \ \ , .. --, " \ \ l J __ ~ ~- ~\_ .:.---,.__.\ \ f.'//(.....-..~l/(<,-\''>.\...l\...,~\ ~\"\ \ :'/'" \ \ i Ii'! ,-< ! ( , \ I 1.) i \, \ 1/ I i ! : ! [ {., ~ } ~ .i~' ~\. ' ( ! i \ \\,'~::) \,sd//) ':~., J~ / t / \......- \ \~;' ! /...-......; \ ' :~i;f ./ //,.~/ "" , , \..~'I '-....,/ /".. / /" . ........ ~ 0... ~ c:::> ~ "d" Agenda Item NO.1 OG October 28.2008 Page 44 of 107 Exhibit B Legal Descriptions for Habitat for Humanity of Collier County Parcel 1: ca:::; C> 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 1/4 of Section 12, Township 51 South,.~.;~ 46:-~~I".Collier County Florida. /: .\ \'i1D. .....~J'u'\..'" /,_' c....- _________' " I ^. " " C. ,-" /"" ~"'.. /'''''' AND /.~~) ", t.. , /1) ,-<' \ I '-, " \ ,I / ~-..r- \ \ Parcel 2; ;' / JA-~_~\' \ \ \ , ! I'"' (~\ '1',",1'\ -'L\J 77\ \ Commencin~ at the 5?utli~<\>r~~o~ ~~gn~2~Tq~nship 5.1 Sou~, Range 26 East, Collier count:yriftpr.~~eafor:lg th~\Ea?t}~~ of said Section 12, North 00011'20" East, ~7~~.15 feet to the Ea?t V4lcorn~of said Section 12; thence continue along ~,~\East line of SectiO~~~ 96.:~})earing of North 00027'50" East, 894.35 f~-to.a set tack; thence;~un..~rth 89056'55" West for 918.53 feet to a set iron pln,~j~~.iY.~t~.:,*p3 which is the Point of Beginning; thence run North 89f>~~~?J' ~~~f.9i~:4iJ3.98 feet to the West line of the Southeast 114 of the Northeast '74-ofsaitrSection 12 which is marked by a set iron pin with Survey Cap #LS 4273; thence along said West line run North 00034'06" East for 490.98 feet to the North line of the southeast 114 of the Northeast 114 of said Section 12 which is marked by a iron pipe with Survey Cap #LS 4273; thence along said North line run South 89056'55" East, 443.00 feet to a set iron pin with Survey Cap #LS 4273; thence South 00026'50" West for 490.08 feet to the Point of Beginning; being in the Southeast 1/4 of the Northeast 114 of Section 12, Township 51 South, Range 26 East Collier County Florida. CJ'"\ co ("'"') C'"'-..1 ~ r:1.. ("'"') c:::> ("'"') ~ AND Parcel 3: TOGETHER WITH A Non-exclusive access easement for the benefit of Parcell over and across te Southerly thirty (30) feet of the following described property: /\genda Item ~h 10G October 28. 2008 Page 45 of 107 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 114 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. c:::> c::n ("'"') C'"'-..1 AND ~ c::1.. ("'"') c:::> ("'"') "d" 0:: o File Number 1302-5-1164 .~---:.:-~-, (::--~--.~ -< "\ .."t,,, . ()r .'"',., The West V2 of the East V2 pttb~:eaStVTof-.ttte;l~qrthwest 114 of the Northeast 114 of Section 12, TownshiP\~1; SOuth, Range 26'€asfe?Ccepting the North 30 feet thereof, which is reserved f(j(road.purposes,. and The EC!st V2 of the East V2 of the East '12 of the NorthweSt Y,*-'of.J:he ,Nortl1e-ast 1/4 Of section 12, Township 51, ! { 1.. .,'" '\ , \ i South, Range 25 East" eXfrl'tin~it~~,?~,~6.,\~~ tryereof,. which is reserved for road purposes, of the IPuqhc lRecprds pf :qo1J~e.r:'C~unty'i ~Ioflda. , \\ \... i~ \ \ " / I 4" j l i -- ! \ \. ',,-,....::;>' '~. o;:.~_, -~, / _6:.,/ ""~J". ". ~~t;' .. ::.\/' l--:f ( /' .- .....~.,. I ,.\\,/ \~ ~~.>:> / ~ c::r. ("'"') C'"'-..1 ~ c:Le ("'"') c:::> C""') -=::t" ~ C> Agenda Item No, 10G nrt h<=>r?R 008 107 US 41/ SR 951 Developer Consortium EXHIBIT C Aerial Photo Date: Jan, 2007 ~eo..awm 4001 Tamilmi Trail N..13OO I Vanasse , Daylor .+, , I ' 000 0 NBP'M, FL )4103 __ c.-..c.:.....~",It,.fIlI.-..,.,.fi..... '-= "lOll FOOl ----- -., ",~'_-.e_....-.c' _ .. OR: 4303 PG: !\genda Item No 10G October 28. 2008 ~ SSOll:l a .l8KXl _ It 'S"o ....., -- mn .I.03J'OIld .LSV3 01 3NYl OOVONon NOUJ3S SSOIlO rMlllll8ns 3NYl XIS .llYnllln .. , ..... , r-.. / , " r-~ '1/ _u I I ----.ouo......---i J I "''-'w ~ ~ ~ t t t .. 1."":'1 I' ,. . ~.,. I""': I' I r' ,c"" ... .. ~.+- ......-.--- /..-:::'1. ,~~~\O \._,',AGI ........, /'...:" i.>//~ "~-" '" lJ"n 4.0~d . ,,, r--""" NOu.o3S/~ rMl~:: 33~'y~~ONOrtJ:i~\ - - - - - - --,'7..7,-'- - - -:~i~~- + +:T':"\... -- J. =';\'1 J >-:; I \ i ~ } !,.... r-.. / " , '1/ r- ~- '- ,..1.6/0} L-___ I .tl . J~~/'51'/ .! "- ( .r- ~". .~~ ~ -.-: <,...:JJ __/.- ". ..;..~ - ,.>'l!{:;-:f', / 3NYl ~o~or. \.o.w.:DlilS 301~d NOlW3S SSOIlO rMllln 3NYl XIS lY.lldAI. Q1Z.rt ._"""... ;;;:i,----, I I 1 ""." I )001'14/. , " .....'~ " , ..~ ~~ t t t t t t ,. :ir- 1 .K .. of ~ I ... ,,~ -" I I I I ~i1 -&! "':p.- I I I , ------' I _01. J. r- r ,:t; OR: 4303 PG: 2393 ~I I~_I ,j SNOU:I]S _ 0_ !lNII/lOIM .. 's'n Agenda Item No, 10G October 28, 2008 D~q" 48 Of 1 07 -~ ~ ~ \, :/'\ _ __-fL__ :::i/l: I I 1--, I ,_ i ..- ~ , I .cl. , r---"----L- 1----- , ~.~ -.-... J",. t ~,. .t'l ---------- t I ,. -". NO~3S SSO~O ~lno xoa ~dAl ==7 T ---"~L--'-"--.....::-:-.-.c-:.:-........-'"'-...:....~---.....~-'-'-'~~~l - - - - - - - - -I ~- I I _.~. 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[if~...... , ~'~1~ . ~..,~ ' ' ~~~ i" ~~.. .... , ~ '..~..~ ' ~..\~. , ~ ~~. '..,,,. ~~'. . ~ ";"~~m' .. ...~~ . '. , ~.~~. ,'t ~'.' .~1. ~~: ~~~:. . ,..,. ~~~ ~~.~ ...,. .~..\~ ~~:' . '..,{ ~~~ ~~.' ..~ 1~ ~..,~, ~~~ ~~.. ~~,~, .~~:. ~~.. ~.~~~. '-" Ag~nda item ~~o, 10G "'~. .. ~ October 28, 2008 Page 55 of 197 '~ ~ ..... . '- ';'. :;1';'" .,' .. ' . " , .. ..' ~ I '" ~I~~' ,\c'. ':4~'~' ~. '1: ....SAgendct ,lJem NO.1 OG ~~~, !:{ ~ -.. . Octobe,;;;8, 2008 '~I:. " ,,~.L Pag8"~ of 1m ,~..~~; .' \~. ., ~ ~ ""', I~~, .;. 1; '. " J" ~~..' ~.. .,. ~~'~I '. . . : II~ -"',7;' ~~~:~ ':, '. 'l:~ .. ~~~~ "' ~,' , .. ~'f' :a. tt. " ' ~~i:: . ti~:'~'" '. ~l"~:" . .' ~If ". ~:.., ....:.-1.. ~'f~'~ ." ~ I'~"" ~~ il~' '., · ~ ' ~~,~ ... ~.'.'.~:. .:. ", ~.. ~. .. . ..,.. ~O~' . ~~~~, . .,'"" I~'~ ~ , '~.. ~~~ ~, L~ " ~~ C..~. ' . ~..,~, ~~~ I~" ~~~ ;;. ~~...~ ~t~: ....; ..... , ~..,~ ,;} ~ ~~; . ~. ~,-,,~ ' . . 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"::.- , ".1\. -, .... ,.. ,I.:" i .' ,"ff'" ;~" ~""'" " ... 'J- , .ff ,.' ~~ . . # '"' \ ~ , .... ~ '". " ./. ;f1, ' ~/ -'; . ., ~,~ -:,..... .,.' i" .i....... '. ' ~. ~."':.h-. t_ '- . .. , , 'l\ . . , . " . ~. ...... .. . ~.. . ,-,11.. ".,J- . ~'.J " " . .' ' .... ", , ...w4t' '", ,'" .:, ..., ~ . 1 ....>(: . .. .-, .. . ..;. ..... , , ., ,.... '.'. . , ' ., ~ I" T-: .:'J ...' .' . ",. .; -- , ::,........ .: "' ~ .c" '-.. "":'"'iW~ ' " " l\'~~}..j 1'; "..' l't' . ",~.lua1~m ~~O"16 : .:;.;: O~~er 28' 'o?(.1G~. I' . ~an.c. .....-jo l A;...11 ~ ~ .',' . ,. ~ ::J I 9f W -:4: ~". ' ; .,...: ,..;..-:J; .' ,-" . ,'~'" .- Hit ~~ . -..... ~. . i..'1~ " ; "" ," , ". ':i.." , \-" .'" . ~'~ , :' " '. 'I~ .I~ " .. :If. a. \ ~ ~ .. ':. :-' ~. ... :. .: . . ..' '. . :,;. ......-..... ."' .' \, .: -\. . _.. ,f'o\. ,. \s.. , ~ \. :' I, t' , .~- .'-: ~' ,~ .:, ~~ " .' , ;~'- " Ill. . .' ."'" " "" . ,.... t ~, . \ . \... ,;~ *, r ~;;' ~ ,~..." . ..;~, ..... . ,,' ,. _ . 4. 2. , ' . , " . " . . i.. . ~, ,,": .,:, ~ "':' ... -'or\ .... . , ..... ~... ..........:... ". .-.,.. ",;.-"", . .:\.. l. ~, . . r: ~ t ' '-'"' jl ,~ A ~=.. . . -\os"" . ~' .: 'i#,'~ ':: .,' ) . ,. \, .AJ _' '.~ ., ""'!;o ~...~ ,.:r'..... _...~,..' . .. .. .... ~... . .:.~; 't' . ::)v., ..~. .. ~T ' ,', \"...-~ , ..... \ ",', - ..... .-.' " ;.. :. ' . . .. .' . . J>~' '.... ,~ ~ ok ~. . , . .... . ~. . , , .. ~: " ,.. 1:.... ~. . '~j' ." . .' -. . ~ " . " . 'l! " "d" c:::> "d" C'"'-..1 ~ p.., ("'"') c:::> ("'"') "d" ~ C> Exhibit G Agenda Item ~~o. 10G October 28, 2008 Page 59 of 107 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 re~~.c.tiy~eirsJ legal representatives, successors and .assigns. Grantor and GrarlteE\e!1:\ 1J~~j'?~r:,~ingular or plural, as the context requires ",/_,\}~;>/----'<:' 'if '},", ,/'./.~ f.t.,..._/......// '~......,...-.,f !~. '\ .I L / ..,.-<' \ WITNESSETH: That the/.Grantor, for and in 'oonslderation of the sum of Ten Dollars ($10.00) and qthey'" ~aIUab)e.~nsid~ratiori~\ r~peipt whereof is hereby acknowledged, hereby grant~,,'~bargains:;::sel~lie~,qefTlis'es, releases, conveys and confirms unto the Grante~, aU' tbat certain lahdl~jtu~te~K Colli~r County, Florida, to wit: t II \ \! i ! I (I \' I' I, )' 1 -\ \ /'f\ \. j / I \J', ~. ii--c , \"",...'::::;;;>' '"~",,,/ c '~~ =:"-~ /i, ; \\'~~~ attached ExhibiiiS~" whi4~iS . .,-:>...,(, "\ ' ., ''-t .' ,~. ~; In'corRQrated herein by refererrce. \:~ " /,,-../ ".' ;1'''''') .,......., /< ;"'*, / Subject to easem'erii~~' ;e~triQtiQnS:;:'artdies~rvations of record. ""<:~~:~'_:~>:- (_: ~-_:~:::-.,~"./~ 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) &.r') c:::> "d" C"'-.1 ~ 0... CV') c:::> ("'"') "d" ~ C> Agenda Item No, 10G October 28,2008 Page 60 of 107 (Signature) (Print Full Name) (Signature) (Print Full Name) STATE OF COUNTY OF The foregoing Warranty Deed/w a.'~fiCJ~... ad before me this 20 b /' .'\' \ );,....-,--...0 '." h . , _' y , '..., .) ~- ...., ">'''-. I W o. /e)/'/ .'" ~\ is personally knowr;t!to me '\ "'\ \ OR .I ! 'l.:L-=~ ---"~ \ " / . \..---r''"'\. \ \ produced ! 1,"-;::::::'') /~ ~.. vI \ identity. (.""". (( l ,:'( I ) ) I )!U ~" V VI.}., .) .( )\~)\~J~ J-.l1r-' (affix notana!-s~al) \",., '\ ! :-::: I \~.' '~~\\ (sig(:latul"e of-:Ndtary Public) \~i.J . . '/\.,.j / ,wi \...{'-~ /L/ \~ /, / """ 0 /"" // "' "'\. / '" ,t 07.~J' ;::-i'eMl...v-l'N~e of Notary Public) "'""-..., ~ '.,~ { \...... "-;.,...... -.........~_.._":.~.-=---- Serial/Commission # (if any): 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 I who: is personally known to me OR produced as proof of identity. (affix notarial seal) (Signature of Notary Public) '-0 c:::> "d" C'"'-..1 ~ ~ ("'"') c:::> ("'"') "d" tX; C) ~ .... ~ l!s ~ I ; II iI Naples Reserve RPUD r\':j~l uC; il':;lli I'l:V. iV October 28, 2008 Page 61 of 107 PCJT!HTW. NT\IRE ACCESS '~.j..,llGlQl',~!"'.!JE'1lIlNl 4.11 PDMlNE S1I ;' . . . . . .. .....,....,. ....... '.-..--.. ..... 0.,- .... " .'...:' ...: '.,~:., LEGEND :::.:.:.,'..'.~,*-~#1r~~~:." . ' . . . .. ' - . - .. ,.... - . - - - . '. .... ,...... . ~ ~ BZ:!l] fLOOl) ZONE . t: fLOOl) ZONE . K. EL 6,J- NeW 211 J I j J, I I , 1 , \ SLL...:.:.:________ __SL..2.:: ___________~__"""'""' ,j .....'......- --'_......- ,--....-..-.-. "'-.--' ....._'_._-....- -.-,'--'" . , ',' " .'. " .' ..., ..,::+0 ~i .~. e0\~r:- q)~~' \0,:, \~7T ./' ,p; $ , \ i ...",0_ I i J : f 1 9 .-,) ill' .; ~., .' f" PROPO!lEIl-':~ .. 1 \,',,", ,-.l",' ~ ~ "lVrQWC. -Ml%i. """'- 1110' R,Q,W, ~TItO.tlO; I~~ 5M"'S5''''' 27'11&.33 .. ~22"'w 27'16.43 p SOJ'TH I..JNE CI' SECTION , L PUD, -.rr LNCD iHlt:fti..ljilU; ..,. .. .,..,. IGl ~1I1I1l rSlSa <e.a lJIf.Qia5.CIIJJlD r.61If -.. .~ au.. - NAPLES RESERVE. UC DCA EXHlBrr H Naples Reserve RPUD D'lTADC~ CONSULTING Ori~ .&. '" ,... .a. .....,.. . ....... -----.----...- ---- ...--- -~_.. ...~ ---... ... OR: 4303 PG: 2407 Agenda Item No, 10G October 28, 2008 Page 62 of 107 .....-. . "~"'ID . ........., . -.,. . ....'... . ......... . ,"".- . .....,.~U . ........ . ........ . ......., . "'"''&/:,.. . _.,.... . ....."".......J -' --.., ~ - " " c " .- --- ---, Ii .' " .. .-' - .- .. " .. .. , "-. - , ." I ",. I " , , , , ':'"" ir -"-'.,',..- ! " .-'. \ I or - - " --I -- . -,..... .. '.'., .. " " .. .f' -',1 r \ /" " ,(: O' , ! , I I " , " - . II " , - . - " .. ". - .., .. ., '" ... " .. '" - -- ..... - .....- - - - -- - "'" ,.... -- -"- -- - -- ..-- -- fIlIIIIO..W1 -.-,.r..... .....-..-0.......1. -- "'" - ..- .-- ....- .-- ....-- -.. - -- - -- - '-""iIiiii.;iloliililiii...i -.-. .....-- ""-O.liii(f :i-ri...........~_ ~~.w_ ~......... STi ... ..-.... m.,.""'-'O- ..~,..._.':ti'i.-.-- '........Wiri).i 'm'~(.-li.""ii'-_ ""'1m" ~- -- -.- -- -- ..1IIIIlQ......... -- ...- ..- -- ..- --"""~ -- ....=- i [ ~t!l i.~' ~ !'" f <IHi I !!l i"l .l _ .. it.. "'''' '01 fl!.8~g,g.g~ ..n ~! ~ ~!II~~I }}} 2' Jenl <= I ~ ;;:; ~ III III t k .~ ,~ tl'".8i:!~~ 1515!li '" !! ,8~15"f fll~15 ~ i ~~~. l~flI $. .! III _~ 1 ' , 1 I f I I ~ .. '1- :J' f _ "'.,.... ..... ". 2..____Pl_..__.. iiI I W'""'UlO""'C112St.,\....Jtr.l_Gt f. '.1 ~~~~~UH~~~:II ! t8ll:8~2!!l8I::g:!=e I ~ llllllllllll ; - - - - - - -!;: 9JJJ ! I "nn~pl i II !~n!(ln: ; I i Hill .. I do:: -n~~~!i! >9C >9C >9C .. ~ ~ .. '" t . :.-! :;: - ~;e~ ClIO c:::> c:::::r C'"'-..1 J~! !jJt! rill jlSl I' . , ~ ~ .., .. '" ~ " ~ ~ 0... ("'"') c:::> ("'"') c:::ro :::-- "'...., ~ C> " , ...., .t"- ~.'\, ~\ \ \ >9C >9C >9C ~ ~ 8 ; i ? ! i~1 ! j , ~, e ~I ~ :: ~ g g 1!: '" " Agenda item No.1 OG October 28, 2008 Page 63 of 107 ~ i f j i '" l is " ~ gf r rII" -~ Ii II nf,i h -..lf~ H ! I n r HJi h -H i H ~ ~ f 'f fit ~H hf! HI :1, ! rl r. ~ ~ n Ii! ~I { Hi t.. r Ft, l ~ i i !Ii fit' a '" I, ~ :1 ~;: I ,~ !=i n 1II1l' If lei i ~ & Agenda Item No. 10G October 28, 2008 Page 64 of 107 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 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, REAL TYNET REAL EST ATE, LLC, a Florida limited liability company, and HABITAT FOR HUMANITY 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"), 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 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 - 1 - Agenda Item No, 10G October 28, 2008 Page 65 of 107 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, permitting, 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 41, (2) six-lane road improvements from the intersection ofCR 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 13, 2007 agreement; and WHEREAS, the County has continued to evaluate various options, including at grade improvement at the intersection of US41 and SR-CR951 that would also be the footprint for the ultimate grade separated improvement (See exhibits 1 "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 $4,545,885,25 for a total of $23,245,885.25. 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 reaffirms that: a. The Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b, The Proposed Plan, viewed in conjunction with other existing or other proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth-necessitated capital improvements and additions to the County's transportation system; and c. The Proposed Plan is consistent with both the public interest and with the comprehensive plan, the Long Range TranspOItation Plan and complies with the requirements of the Collier County Consolidated Impact Fee Ordinance. - 2 - Agenda Item No, 10G October 28, 2008 Page 66 of 107 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: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. The County agrees that it will provide a PD&E update, design, permit, acquire all necessary right-of-way and construct at grade improvement at the intersection of US41 and SR- CR951 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 subject to FDOT approval and requires an acceptance of an updated PD&E and all permitting approvals. The County will pursue entering into a Local Agency Program (LAP) or Joint Participation Agreement (JP A) 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 funds to proceed with a PD&E update, design, and right of way acquisition for the Project. Subject to paragraph 5, these funds are non-refundable, 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 $20,245,885.25 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.1 OG October 28, 2008 Page 67 of 107 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 Anlount totaling $20,245,885.25. This shall be in a fonn 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 $20,245,885.25 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 ternlination of this Agreement. If the Agreement is terminated no approvals shall be granted for any development that impacts US41 east of CR951 and SR951 south of US41. 6. This is a fonn 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 i\nticipated Road Impact Fee Amount, as applicable, (J) 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 pennitting 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 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 Pernlit 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 Pennits are reviewed by the Impact Fee Administration, irrespective of whether Developer assigns all or part of the Development. The County 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 OG October 28,2008 Page 68 of 107 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 11, no additional development approvals that directly impact this segment of US41 will be granted outside of this Agreement until the Project is completed. 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.. This 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. Le2al 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 ofUS41 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. ] 3. 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, 10G October 28, 2008 Page 69 of 107 IS necessary to comply with such laws, III 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 pernlitted 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. 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, \vithin fourteen (14) days after the Effective Date. Developers shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developers upon request. 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 pmiies 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 pm1ies 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, 10G October 28, 2008 Page 70 of 107 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: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk TOM HENNING, Chairman Approved as to form and legal sufficiency: .T effrey A. Klatzkow County Attorney - 7 - I-\genda Item r'~o, 10G October 28, 2008 Page 71 of 107 SIGNATURE PAGE TO AMENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: NAPLES RESERVE, LLC, a Florida limited liability company By: Signature Name: Printed Name Signature Title: of Gulf Coast Naples Reserve, LLC, the Managing Member of NAPLES RESERVE, LLC Dated: Printed Name STATE OF ) ) SS: ) COlTNTY OF Before, a Notary Public m and for said County and State, personally appeared , the of Gulf Coast Naples Reserve, LLC, Managing Member of NAPLES RESERVE, 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: - 8 - !"'.aenda item ~~o. 10G - October 28. 2008 Page 72 of 107 SIGNATURE PAGE TO AMENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: KITE EAGLE CREEK II, LLC, an Indiana limited liability company By: Signature Name: Printed Name Signature Title: of Kite Realty Group Trust, the General Partner of Kite Realty Group, L.P " the Managing Member of KITE EAGLE CREEK II, LLC Printed Name Dated: STATE OF ) ) SS: ) C01.Jl-JTY OF Before, a Notary Public ill and for said County and State, personally appeared , the of Kite Realty Group Trust, the General Partner of Kite Realty Group, L.P" the Managing 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. Witness my hand and Notarial Seal this _ day of ,2008. (signature) (printed name) Notary Public My Commission Expires: County of Residence: - 9 - Agenda Item ~~o. 10G October 28, 2008 Page 73 of 107 SIGNATURE PAGE TO AMENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: KRG EAGLE CREEK IV, LLC, an Indiana limited liability company By: Signature Name: Printed Name Signature Title: of Kite Realty Group Trust, the General Partner of Kite Realty Group, L.P., the Managing Member of KRG EAGLE CREEK IV, LLC Printed Name Dated: STATE OF ) ) SS: ) COUNTY OF Before, a Notary Public III and for said County and State, personally appeared , the of Kite Realty Group Trust, the General Partner of Kite Realty Group, L.P., the Managing 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 Notalial Seal this _ day of ,2008. (signature) (printed name) Notary Public My Commission Expires: County of Residence: - ] 0 - item NO.1 OG October 28 2008 Page 74 of W7 SIGNA TURE PAGE TO AMENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: KRG 951 & 41, LLC, an Indiana limited liability company By: 5 ignature Name: Printed Name Signature Title: of Kite Realty Group Trust, the General Partner of Kite Realty Group, L.P., the Managing Member of KRG 951 & 41, LLC Printed Name Dated: STATE OF ) ) 5S: ) COU;-..;TY OF Before, a Notary Public III and for said County and State, personally appeared . the Kite Realty Group Trust, the General Partner of Kitc Realty Group, L.P., the Managing Member ofKRG 951 & 41, 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 _ day of ,2008. (signature) (printed name) 1\otary Public My Conunission Expires: County of Residence: - ] ] - Agenda Item NO.1 OG October 28,2008 Page 75 of 107 SIGNATURE PAGE TO AMENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: TOUSA HOMES, INC., a Florida corporation By: Signature Name: Printed Name Title: Dated: Signature Printed Name STATE OF ) ) SS: ) COUNTY OF Before, a Notary Public III and for said County and State, personally appeared , the of TOUSA 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 this _ day of ,2008. (signature) (printed name) Notary Public My Commission Expires: County of Residence: - 12 - .t\genja !teiTi NO.1 OG October 28,2008 F's;:e 76 of 107 SIGNATURE PAGE TO AMENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: ABC LIQUORS, INC., a Florida corporation By: Signature Name: Printed Name Title: Dated: Signature Printed Name STATE OF ) ) SS: ) COlJNTY OF Before, a Notary Public III and for said County and State, personally appeared , the 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, Witness my hand and Notarial Seal this _ day of ,2008. (signature) (printed name) Notary Public 1\1 C ,. E ' 1" Y ,OlnmlSSlonxpires: County of Residence: - 13 - Aaenda Item No.1 OG ~ October 28. 2008 Page 77 of 107 SIGNATURE PAGE TO AMENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: NBC RV, LLC, a Florida limited liability company By: Signature Name: Printed Name Title: Dated: Signature Printed Name STATE OF ) ) SS: ) COl.JNTY OF Before, a Notary Public In and for said County and State, personally appeared , the of NBC RV, LLC, a Florida limited liability company who acknowledged the execution of the foregoing instrument as such for and on behalf of said Witness my hand and Notarial Seal this _ day of ,2008. (signature) (printed name) Notary Public My Commission Expires: County of Residence: - 14 - itStTl r\Jo. 10G O::;;::Jber 23, 2008 Page 78 of1 07 SIGNATURE PAGE TO AMENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: NBC LAND HOLDINGS, LLC, a Florida limited liability company By: Signature Name: Printed Name Title: Dated: Signature Printed Name STATE OF ) ) SS: ) COUl''':TY OF Before, a Notary Public In and for said County and State, personally appeared , the of NBC LAND HOLDINGS, LLC, a Florida limited liability company, who acknowledged the execution of the foregoing instrument as such for and on behalf of said Witness my hand and Notarial Seal this _ day of ,2008. (signature) (printed name) Notary Public !'v1y Con1ll1ission Expires: County of Residence: - 15 - Agenda Item No, 10G October 28,2008 Page 79 of 107 SIGNATURE PAGE TO AMENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: NAPLES BIG CYPRESS MARKET PLACE LIMITED PARTNERSHIP, LLLP, a Florida limited partnership Signature By: Name: Printed Name Signature Title: ofBasik Development, LLC, the General Partner of NAPLES BIG CYPRESS MARKET PLACE LIMITED PARTNERSHIP, LLLP Printed Name Dated: STATE OF ) ) SS: ) COUNTY OF Before, a Notary Public III and for said County and State, personally appeared , the of Basik Development, LLC, the General Partner of NAPLES BIG CYPRESS MARKET PLACE LIMITED PARTNERHSIP, LLLP, a Florida limited pminership, who acknowledged the execution of the foregoing instrument as such for and on behalf of said Witness my hand and Notarial Seal this _ day of ,2008. ( signature) (printed nan1e) Notary Public My Commission Expires: County of Residence: - 16 - b,c;enda item ~Jo. 10G '" October 28, 2008 Paae 80 of 107 SIGNATURE PAGE TO AMENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: REALTyNET REAL ESTATE, LLC, a Florida limited liability company By: Signature Name: Printed Name Title: Dated: Signature Printed Name STATE OF ) ) SS: ) COUNTY OF Before, a Notary Public 1ll and for said County and State, personally appeared , the of REAL TyNET REAL ESTA TE, 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 Notalial Seal this _ day of ,2008, (signature) (printed name) Notary Public My Commission Expires: County of Residence: - 17 - Agenda Item No, 10G October 28 2008 Page 81 of 107 SIGNATURE PAGE TO AMENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., a Florida Non-Profit Corporation Signature By: Name: Samuel J. Durso, MD. Printed Name Title: President Signature Dated: Printed Name STATE OF ) ) SS: ) COUNTY OF 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. Witness my hand and Notarial Seal this _ day of ,2008, (signature) (printed name) Notary Public My Commission Expires: County of Residence: - 18 - .L\;;)€nda Item ~~o, 10G October 23, 2008 Page 82 ofl 07 SCHEDULE I Notice Addresses Naples Reserve, LLC Attn: Anthony Salce 3415 Radio Road, #109 N apIes, FL 34 I 04 With a Copy to: Goodlette, Coleman & Johnson Attn: Richard Y ovanovich, Esq. 4001 Tamiami Trail North Naples, FL 34103 Kite Eagle Creek II, LLC c/o Kite Realty Group Attn: Eric Strickland 30 South Meridian. Suite 1 100 Indianapolis, IN 46204 With a Copy to: Kite Realty Group Attn: Robert G. Solloway, Esq. 30 South Meridian, Suite 1 100 Indianapolis, IN 46204 KRG 951 & 41, LLC c/o Kite Realty Group Attn: Eric Strickland 30 South Meridian, Suite I 100 Indianapolis, IN 46204 With a Copy to: Kite Realty Group Attn: Robert G, Solloway, Esq. 30 South Meridian, Suite 1100 Indianapolis, IN 46204 KRG Eagle Creek IV, LLC 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] 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 RealtyNet Real Estate, LLC Attn: Cory Maile 1330 Forrest Court Marco Island, FL 34145 Naples Big Cypress Market Place Limited Pal1nership, LLLP c/o Basik Development, LLC Attn: Keith Basik 720 Goodlette Rd., #305 !\aples, FL 34] 02 Habitat for Humanity of Collier County. Inc, Attn: Samuel J. Durso 1145 Tamiami Trail East l\aples, FL 34113 - 19 - ~" B." ,,~_I_'1 'IE':II . ~ __. /lnr,prc'Cl '1nn'\ 1\ (' It.', ,"" .. _III II"I""~' n.. ", . 111'"':'''' II.. ~.-I-<:" .: -. · _ .- .11 11..- i-r' .,' . I. -rill" ,-- . II ' _'. .. II I!!~ 'I' . .' ' ...11I11 .. 11IIII II II ... ill' · III! , " .,: -..-- · .. ,..._ .', 'I '-'" 11- · ' '.1 ...... ... II _.. III.," _.. iii ". ~II" I" '-11 · ..' .. 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'. ,._.........I,~'-f~, ,.;:..-...'.,...". - ~'~':'.eJ' - .1II!IiIII .. I!IIllI rJB III:; US 41 / SR 951 Developer Consortium Participating Members Location Map Exhibit A w1~' I I ! i : .. .. Dale '1.12_07 2,000 2.000 AerialPholoDliIleJan ZO07 ".____~Feet Developer Consortium 4001 Tamiami Trail N., #300 Naples, FL 34103 SotJ,oes CQIie' euunTyPA and A.,ri..f bpr"ss .'. . Exhibit "B" Legal Description for Naples Reserve LLC Section 1, Township 51 South, Range 26 East, Collier County, Florida Agenda Item NO.1 OG October 28, 2008 Page84of107 l\genda Item No, 10G October 28. 2008 Page 85 of 107 Exhibit B Legal Description for KRG 951 & 41 LLC A PARCEL OF LAND LOCATED IN SECTlON 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, FLORlDA; 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 04009146" WEST, ALONG THE WEST LINE OF . SAID LANDS FOR A DISTANCE OF 163.91 FEET; THENCE RUN SOUTH 02028'03" WEST, ALONG SAlD LANDS FOR A DISTANCE OF 36.59 FEET TO THE NORTHERL YMOS1WESTERL Y 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 3503914411 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 item No. i OG Oc;lober 28. 2008 Page B6 of 107 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 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF TRACT RD-4, REFLECTlON 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, 10G October 28, 2008 Page 87 of 107 REFLECTION LAKES AT NAPLES, PHASE 3 MULTI-FAMILY PARCELS TRACT MF-3 AND TRACT MF-4 OF REFLECTlON LAKES AT NAPLES - UNIT II (PHASE II & III), ACCORDlNG 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 DESCRlBED 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 09046'3r, 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 SAlD CURVE TO THE LEFT, HAVING A RADIUS OF 420.00 FEET, THROUGH A CENTRAL ANGLE OF 09046'3r, SUBTENDED BY A CHORD OF 71.58 FEET AT A BEARING OF S.80044'l1"W., FOR A DISTANCE OF 71.67 FEET TO THE END item r~o. 10G October 28. 2008 Page 88 of 107 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 TANGENTlAL CIRCULAR CURVE, CONCAVE TO THE NORTH; THENCE RUN WESTERLY, ALONG THE BOUNDARY OF SAID TRACT RD-5 AND ALONG THE ARC OF SAlD 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 BEGINNlNG. 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.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, 10G October 28, 2008 Page 89 of 107 TANGENTlAL ClRCULAR 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 DlSTANCE OF 53.97 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.644 ACRE, MORE OR LESS. l\qenca Item NO.1 OG '- October 28, 2008 Page 90 of 107 Exhibit B Legal Description for Kite Eagle Creek II LLC A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORlDA, 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-l 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 "CAPRl 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 COM~y1ERCIAL 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 INTERSECTION 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 Aoenda Item No, lOG v October 28. 2008 Page 91 of 107 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 INTERSECTION 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 DlSTANCE OF 78.24 FEET; THENCE RUN SOUTH 35039'28" WEST ALONG SAlD BOUNDARY LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND SAID WEST LINE OF THE PROPERTY DESCRlBED IN OFFICIAL RECORDS BOOK 2699, PAGE 792, A DlSTANCE 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 POlNT OF CURVATURE OF A CURVE OF SAlD BOUNDARY LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND SAID SOUTHWESTERLY LINE OF THE PROPERTY DESCRlBED IN OFFlClAL 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 SAlD BOUNDARY LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND THE SOUTHERLY LINE OF SAlD 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, RESPECTIVELY; 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 f'-Jo, 10G October 28. 2008 Page 92 of 107 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 DlSTANCE 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 DESCRlBED 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" EPST, 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 OG October 28. 2008 Page 93 of 107 Exhibit B Legal Description for KRG Eagle Creek IV LLC BEING A PART Of THE NORTHWEST 1f4 Of SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, fLORlDA. (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 COUNTY, 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 RlGHT-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. SUBJECf 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. ,"'.genda Item NO.1 OG O~tob'3r 28. 2008 Page 94 of 107 Exhibit B Legal Description for ABC Liquors Inc. PROPERTY DESCRIPTION A PARCEL OF LAND LYING IN THE NORTH WEST QUARTER OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST,COLLIER 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, COLLIER COUNTY 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 COUNTY ROAD 951 (C.R.. 951); THENCE RUN S 35 DEGREES 40'08" W, ALONG SAID EASTERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 887.72 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 54 DEGREES 20'16" E FOR A DISTANCE OF 439 .95FEET; THENCE RUN S35 DEGREES 39'44"W FOR A DISTANCE OF 190.00 FEET; THENCE RUN N 54 DEGREES 20'16" W FOR A DISTANCE OF 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 COUNTY ROAD 951; THENCE RUN N 35 DEGREES 40'08" E, ALONG SAID EASTERLY RIGHT OF WAY FOR A DISTANCE OF 148.39 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF U\ND DESCRIBED HEREIN. Agenda Item No, 10G October 28, 2008 Page 95 of 107 Exhibit B Legal Description for RealtyNet 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 IT OF REVERSE CURVE, EL Y 38.64FT, S04DEG W 154.42FT TO POS. :'\;JsnJa item t'~o. 10G October 28, 2008 Page 96 of 107 Exhibit B Legal Descriptions for Naples Big Cypress Market Place Limited Partnership, LLLP PARCEL "An LEGAL DESCRIPTION (OFFICIAL RECORDS BOOK 2812, PAGE 2151 A PARCEL OF LAND LYING IN THE EAST 112 OF THE EAST 112 OF THE EAST 112 OF SECTION18, TOWNSHlP 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 BElNG THE INTERSECTION OF THE EAST SECTlON LINE OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA AND THE NORTH RIGHT-OF-WAY LINE OF U.s. 41 AND BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. THENCE NORTH 54019'26" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF U.s. 41 FOR A DISTANCE OF 451.53 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 360.31 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 18006'59" EAST AND A CHORD DISTANCE OF 217.41 FEET FOR AN ARC DISTANCE OF 220.85 FEET; THENCE NORTH 00033'23" EAST 236.98 FEET; THENCE SOUTH 89026'37" EAST 303.51 FEET TO THE EAST LINE OF THE AFOREMENTIONED SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, THENCE SOUTH 00032'17" WEST ALONG SAID SECTION LINE OF A DISTANCE OF 704.02 FEET TO THE POINT OF BEGINNING. 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 1/2 OF THE EAST 112 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 PARTICULALRL Y 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, Agenda Item NO.1 OG October 28,2008 Page 97 of 107 COLLIER COUNTY, FLORIDA AND THE NORTH RIGHT-OF-WAY LINE OF U.S. 41; THENCE NORTH 00032'17" EAST, ALONG SAID EAST LINE OF SECTlON 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 SOUTH 89026'36" EAST, 303.51 FEET TO THE EAST LINE OF THE AFOREMENTIONED SECTION 18, TOWNSHlP 51 SOUTH, RANGE 27 EAST, THENCE SOUTH 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 SECTlON LINE OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA AS BElNG NORTH 00032'17" EAST. TOTAL ACREAGE: 4.40 ACRES, MORE OR LESS. PARCEL "B" LEGAL DESCRIPTION (OFFICIAL RECORDS BOOK 2812, PAGE 2151) A PARCEL OF LAND LYING IN THE EAST 1/2 OF THE EAST V2 OF THE EAST 112 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 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 SOUTH 89029'39" EAST 200.00 FEET; THENCE SOUTH 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 RADlUS OF 50.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 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 SOUTH 41043'39" EAST AND A CHORD DISTANCE OF 16.87 FEET FOR AN ARC DISTANCE OF 16.99 FEET; THENCE SOUTH 29033'26" EAST 50.76 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE ALONG THE ARC Jlgenda Item ~~o. 10G October 28,2008 ~)8 of 107 OF SAID CURVE HAVING A RADIUS OF 276.00 FEET AND BEING SUBTENDED BY A CHORD WHlCH 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. CONTAINING 3.94 ACRES, MORE OR LESS. BEARINGS BASED ON THE EAST SECTION LINE OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA AS BEING NORTH 00032'17" EAST. PARCEL "0" LEGAL DESCRIPTION (OFFICIAL RECORDS BOOK 2812, PAGE 2152) PARCEL IN WEST 1/2 OF THE SOUTH 1/2 OF SECTION 17; BEGINNING AT THE SOUTHWEST CORNER, SECTION 17 GO NORTH 00050'20" EAST 1271.72 FEET TO CONCRETE MONUMENT ON THE SOUTH RIGHT-OF-WAY OF HWY. 41. THENCE NORTH 00037'45" EAST 245.48 FEET TO CONCRETE MONUMENT ON NORTH RIGHT-OF-WAY OF HWY. 41, BEING POINT OF BEGINNING, THENCE SOUTH 53055 '40" EAST ALONG NORTH RIGHT-OF-WAY LINE 512.45 FEET TO POINT IN CENTER LINE PROPOSED ROAD, THENCE NORTH 36004'20' EAST 402.6 FEET TO POINT IN CENTER LINE OF ROAD, THENCE NORTH 88044'00'WEST 657.56 FEET TO POINT, THENCE SOUTH, 00037'45' WEST TO POINT OF BEGINNING, ALL THE ABOVE BEING IN SECTION 17, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE EAST 30 FEET CONVEYED TO COLLIER COUNTY IN O.R. BOOK 801, PAGE 1079 FOR ROAD RIGHT-OF- WAY. CONTAINING 9.47 ACRES MORE OR LESS. BEARINGS ARE BASED ON THE NORTH RIGHT-OF-WAY LINE OF US 41 AS BEING SOUTH 53'55 '40 ' EAST. *AG Zoning Parcel Agenda Item ~~o, 10G October 28. 2008 Page 99 of 107 Exhibit B Legal Description 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 SECTlON 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST LYING NORTH OF U.S. 41, COLLIER COUNTY, FLORIDA. AND BEING MORE PARTICULARLY DESCRlBED 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 BEGlNNING 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 187.0 4 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 24020'0 1, 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. LESS THE FOLLOWING: Agenda item t\Jo. lOG October 28. 2008 Page 100 of 107 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 HERElN 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, TOWNSHlP 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 OG October 28, 2008 Page 101 of 107 Exhibit B Legal Descriptions for NBC Land Holdings, LLC LEGAL DESCRIPTION PARCEL "1" BEING A PART OF SECTION 18, TOWNSHlP 51, SOUTH RANGE 27 EAST, COLLIER COUNTY, FLORIDA. COMMENCING AT THE NORTHEAST CORNER OF SECTION 18, TOWNSHlP 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 POlNT 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 INTERSECTlON 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, RESTRlCTlONS AND/OR RESERVATIONS OF RECORD. BEARINGS BASED ON THE NORTH LINE OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, AS BEING NORTH 88004'41" WEST. *Indllstrial/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 COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 18, TOWNSHlP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA: THENCE SOUTH 00032'17" WEST, ALONG THE EAST LINE OF SAID SECTION 18, A DISTANCE OF ,4genda Item No.1 OG October 28, 2008 Page 102 of 107 681.42 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 LA.ND 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 f-IJORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCH\iG 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'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.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, 10G October 28, 2008 Page 103 of 107 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 DlSTANCE OF 1600.00 FEET TO THE POlNT OF BEGlNNING; 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 POlNT OF BEGINNlNG. CONTAlNlNG 2.74 ACRES MORE OR LESS *Industrial Parcel L,;Jsnda item 1\0. lOG .~ Jctober 28 2008 Pa;J8 104 of 107 Exhibit B Legal Descriptions for Habitat for Humanity of Collier County Parcell: Commencing at the Southeast corner of Section 12, Township 51 South, Range 26 East, Collier County Florida, thence along the East line of said Section 12, North 00011'20" East 2743.15 feet to the East 1/4 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 1f4 of the Northeast 1f4 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 1/4 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 1f4 of the Northeast 1f4 of said Section 12 which is marked by a set iron pin with Survey Cap #LS 4273; thence along said West line run North 00034'06" East for 490.98 feet to the North line of the southeast 1f4 of the Northeast 1/4 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 1f4 of the Northeast 1f4 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 te Southerly thirty (30) feet of the following described property: Agenda Item NO.1 OG October 28, 2008 Page 105 of 107 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 1f4 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 V2 of the East V2 of the Northwest V4 of the Northeast 1f4 of Section 12, Township 51, South, Range 26 East excepting the North 30 feet thereof, which is reserved for road purposes, and The East 112 of the East 112 of the East 1/2 of the Northwest V4 of the Northeast 1f4 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. .._"C._oonofo<_.. _,....""_""'_...,,_"'~.....""".".....~"b'''"'''''.. I,-_e_,.- i=_. I....... e.'. .,_. -..".........,.",,, -,,~... '......... ""'."',:...~ ~- .........110O....... ...,,""""'...,........ ....,.,,"'....""'.....'" '.....,..,.00.............. '....~........._. ,,,,,......,,--' - ,~., '".. .."_,,L.... """-''''' .-- """... .. ,,"""' ,.". "..,... .. "" ". '"",!I> ,,^'.."'. '" ,-- ".""'" ... '''''' ..., 1 "~&' ". '" .. ," ,,- I ::.::::,;;;,;::::"f._.. 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Planner Date: October 21, 2008 Re: Restated US41 Consortium DCA Commissioners, Enclosed please find the exhibits to the restated US41 Consortium DCA. This DCA is going before the BCC on October 28th or November 18th. The new DCA and the previously recorded DCA will be in Novus. Some of the exhibits were too large for N ovus and therefore they are being hand delivered. Thank you. Laurie Beard Trans. Planner :LT&l ~I()& US 41 / SR 951 Developer Consortium Participating Membel'5 Location Map Exhibit A Oate: '1-12..Q7 Developer Consortium 04001 Tamiami Trail N.> lII300 A41rial Photo Oete .len 2007 w+, s 2,000 2,000 ,..I Vanasse Daylor _ _UrIP"""'1 ladsa.pII Ardlilt<lllrt Citilln,nttril! TraffIC IlIIilwinl _lnl'irollllf:llwSOtIlCt IlJII Naples, FL 34103 SIlUl~:CoII...CD\lnlyPAI"d"""'IE~pr_ II II lhlilllrod UM(1 rellpon~ lovemy.. 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