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Ji'. <.,:> n:: c--" it~.: = -. ~ p~, DEVELOPER AGREEMENT US 41 DEVELOPERS' CONSORTIUM III THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this 14th day of April, 2009, to be effective as of the date upon which this Agreement is approved by the Board of County Commissioners of Collier County (the "Effective Date"), by and among KITE EAGLE CREEK II, LLC, an Indiana limited liability company, KRG EAGLE CREEK IV , LLC, an Indiana limited liability company, KRG 951 & 41, LLC, an Indiana limited liability company, ABC LIQUORS, INC., a Florida corporation, REALTYNET REAL ESTATE, LLC, a Florida limited liability company, and HABIT A T 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"). All capitalized terms not defined herein shall have the same meaning as set forth in Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, as amended. 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 10.02.07.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 of F.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 WHEREAS, the Consortium Developers all wish to enter into this Agreement as they are presently unable to move forward with these Developments due to concurrency constraints at and around the intersection of CR Route 951 and SR Route 41; and I:>:: co c> .' ~, WHEREAS, the County is willing to enter into this Agreement in order to help fund and accelerate the design, permitting, construction and right-of-way acquisition necessary for the at grade improvement at the intersection of US41 and SR -CR951 that would also be the footprint for the ultimate grade separated improvement; and = ::rc~ Pel E-- ".' ~:: :~~ ~~: WHEREAS, it is the intent of this Agreement to grant to each Developer vested concurrency :; ~; ~ :: rights with respect to the Development owned or controlled by it, in exchange for certain ;':~ ;~ ;, ~ commitments set forth below by the Consortium Developers to help the County fund all costs associated with the design, permitting, land acquisition and construction for the at grade intersection improvements at the intersection of CR Route 951 and SR Route 41, as generally depicted on the Project Overview Map attached as Exhibit "C" (the "Road Project" or "Proposed Plan"); and - 1 - ""'"' ""'" u, ""'" ~~ A.. ""-'"' ""'"' ~ ""-'"' p;:; C) WHEREAS, the Transportation Administrator of the County has recommended to the Board of County Commissioners that the Road Project is in conformity with the contemplated improvements and additions to the County's transportation network and is consistent with the County's transportation concurrency requirements; and WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board finds and reaffirms that: a. The Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b. The Proposed Plan, viewed in conjunction with other existing or other proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth-necessitated capital improvements and additions to the County's transportation system; and c. The Proposed Plan is consistent with both the public interest and with the comprehensive plan, the Long Range Transportation Plan and complies with the requirements of the Collier County Consolidated Impact Fee Ordinance. WITNESSETH NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 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 reevaluation, design, permit, acquire right-of-way and construct the at grade improvement at the intersection ofUS41 and SR-CR95I that would also be the footprint for the ultimate grade separated improvement as shown on Exhibit "c" (the "Road Project") with Consortium Developers committed advanced impact fee funds of $8,253,058.75 and FDOT committed funds of $8,357,718. It is understood by all parties that this Project is subject to FDOT funding and approval, and requires an acceptance of the reevaluated PD&E, all permitting approvals, and the inclusion of this Project into the County's five-year plan. Construction is expected to begin summer of2013. IfFDOT funding or approval is not received, the County, in its sole right and discretion, is entitled to scale back or otherwise amend the Road Project. 3. The County will install Intelligent Traffic Management Systems (ITMS) signalization of the following traffic signals with the Project. a. SR9511US-41 b. SR951/Walmart c. SR951/Manatee Road - 2 - u, ""'" u, c-.... ~ A.. ~ .q< .q< .q< p;:; C) 4. Habitat will provide each homesite in its Regal Acres Developments with an annual CAT pass for a five year period prior to the certificate of occupancy of each homesite. 5. KRG Eagle Creek II, LLC and KRG 951 & 41, LLC shall provide all employees working more than twenty hours per week at the Developments with an annual CAT pass for a five year period after the issuance of each certificate of occupancy and prior to opening. 6. Within one hundred twenty (120) days ofrequest by the County, KRG 951 & 41 LLC shall convey to the County a right-of-way parcel in fee simple, free and clear of all liens and encumbrances, by statutory warranty deed(s) approved by the County Attorney, suitable for recording. KRG 951 & 41 LLC shall pay all costs to County associated with this conveyance, including recording fees. The right-of-way dedication along SR-951 shall be the minimum amount needed for the construction and widening approaching the intersection of SR-951 and US-41 per Stanley Consultants Exhibit "C". KRG 951 & 41 LLC agree to provide at their sole cost and expense any temporary construction and slope easements necessary to facilitate the construction. The width of the right way dedication shall not exceed 15 ft. KRG 951 & 41 LLC shall be responsible at their sole cost and expense for the removal of any improvements made by KRG 951 & 41 LLC within the parcel prior to dedication. 7. Not later than five business days following the Effective Date, the Consortium Developers shall pay to the County in cash the sum of $3,000,000. The County will use these funds to proceed with a PD&E update, design, and right of way acquisition for the Project. 8. As set forth in Exhibit "D" (the "Milestone Schedule"), the Consortium Developers shall pay County an additional $5,253,058.75 in Anticipated Road Impact Fees towards 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 or eliminated entirely, 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. 9. As security for each Developer's payment of its Anticipated Road Impact Fee Amount, each Developer (other than Developers making the initial payment contemplated in Section 7 above) hereby submits to the County a payment bond, letter of credit or other payment security, each of which is acceptable to and hereby approved by the County in the amount of its Anticipated Road Impact Fee Amount totaling $5,253,058.75 no later than five business days following the effective date of this Agreement. Upon payment of the Anticipated Road Impact Fee Amount by a Developer, that Developer's letter of credit payment bond or other payment security shall be returned to the Developer. 10. If the Consortium Developers fail to submit payment bonds, letters of credit, or other approved payment security totaling in the aggregate $5,253,058.75 by the close of business of the - 3 - ..0 ""'" '-" c--..J ~~ A.. ~ <:j1 ~ ~ p;:; C:> fifth business day following the effective date of this Agreement, the County shall terminate this Agreement, in which event, the $3,000,000 cash payment and any other cash payment made by a Developer shall be returned within thirty (30) days by the County to the Developer that paid the same, the payment bonds, letters of credit and other payment security (if applicable) that were submitted by the Consortium Developers shall be released within thirty (30) days by the County, this Agreement shall be null and void, and the parties shall be relieved from any and all further obligations hereunder which do not survive termination of this Agreement. 11. This is a form of "Pay and Go" Agreement. The County will be utilizing all of the $8,253,058.75 to help fund the Road Project, which Project is being done at the Consortium Developers' request. Upon commencement of the Road Project, the $8,253,058.75 shall become nonrefundable, and thereafter in no event will the County be responsible for returning any part of the $8,253,058.75, including but not limited to any Developer's failure or inability to utilize all or a portion of their Impact Fee Credits. Following each Developer's submittal of cash payment, the payment bond, letter of credit, or other approved payment security for its Anticipated Road Impact Fee Amount, as applicable, (I) each Developer shall receive Road Impact Fee Credits for the Total Anticipated Road Impact Fee Amount as set forth in Exhibit "D". A sample copy of the Impact Fee Ledger, utilized by the County to administer Road Impact Fee Credits for each Developer is attached as Exhibit "E"; 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 Development shall be entitled to obtain certificates of occupancy, site development plan approvals, plat approvals and building permits for its Development (or portions thereof, as applicable) subject to the normal permitting and review process. Issuance of these Certificates, however, will not relieve the respective Developers from their respective obligation to pay road impact fees for their respective Developments. 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 Permit is issued. The credits set forth herein shall be applied solely to Road Impact Fees, and shall not offset, diminish or reduce any other charges, fees or other Impact Fees for which the respective Developer, its successors and assigns are responsible in connection with the development of the respective Developer's Development. It is expressly understood that the Impact Fee Credits will be utilized in the order in which the Building Permits are reviewed by the Impact Fee Administration, irrespective of whether Developer assigns all or part of its respective Development. The County will apply all road impact fees paid for any portion of a Development whether paid by the respective Developer or another developer towards the Anticipated Road Impact Fee Amount. 12. If a Developer fails to pay its Anticipated Road Impact Fee Amount (or a portion thereof) as required herein and such failure continues for a period of thirty (30) days after written notice of such failure from the County, the County, as its sole remedy hereunder shall have the right to draw upon such defaulting Developer's letter of credit or exercise the County's rights under the payment bond or other payment security submitted by such defaulting Developer in order to fund such Developer's Anticipated Road Impact Fee Amount (or the applicable portion thereof then due and payable by the Developer). In no event shall a default by one of the Consortium Developers of -4- OR: 4444 PG: 2527 its obligations under this Agreement cause the other Consortium Developers to be in default of this Agreement. Lel!al Matters 13. This Agreement shall not be constructed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 14. 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 of the Developers may assign all or part of the Road Impact Fee Credits to which they are entitled utilizing the County's then current form of assignment, to successor owners of all of part of the Developments, or as otherwise provided for in the Collier County Consolidated Impact Fee Ordinance. A Consortium Developer may transfer or assign all or a portion of the approved density or square footage to another project on the same roadway that directly impacts the intersection ofUS41 with SR-CR95I as shown on Exhibit "C", whether owned by that Consortium Developer or owned by another developer. 15. 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. 16. 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. 17. 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. 18. Each Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the Effective Date. Developers shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developers upon request. 19. In the event of any dispute under this Agreement, the parties shall attempt to resolve such dispute first by means of the County's then-current Alternative Dispute Resolution Procedure, if any. Following the conclusion of such procedure, if any, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, and remedy being cumulative with any and all other remedies available to the parties for the enforcement of the Agreement. - 5 - OR: 4444 PG: 2528 20. This Agreement constitutes the entire agreement between the County and the parties with respect to the activities noted herein, and supersedes and takes the place of any and all previous agreements entered into between the parties hereto relating to the transactions contemplated herein. All prior representations, undertakings, and agreements by or between the parties hereto with respect to the subject matter of this Agreement are merged into, and expressed in, this Agreement, and any and all prior representations, undertakings, and agreements by and between such parties with respect thereto hereby are canceled. 21. The individuals signing this Agreement on behalf of each party represents and warrants that he or she has the full power and authority to execute this Agreement for the party upon whose behalf he or she is executing same and that upon such execution, such party shall be fully bound by each and every provision of this Agreement. 22. Nothing contained herein shall be deemed or construed to create between or among any of the parties any joint venture or partnership nor otherwise grant to one another the right, authority or power to bind any other party hereto to any agreement whatsoever. 23. 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 ofthe date first above written. Attest: DWIGHT E. BROCK, Clerk . c.J!!, ", \ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . . By: ~q~;f. attiIIt II', ',y' ,:' . ,'~ QlI,I'll .. Appr ved as to form, > and I al ffi' ncy: By: Jeffrey County REMAINING SIGNATURE PAGES TO FOLLOW - 6 - --~_...--~-"'- OR: 4444 PG: 2529 SIGNATURE PAGE TO AMENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM III WITNESSES: KITE EAGLE CREEK 11, LLC, an Indiana . 7J1,p;d :m"~'....:ompan.y (Jd ... _ _ '- . r Signature 1/"', ~I ..4 - I I -r.~. I ,Name: ~j t"u. ( . iu(h"l,~" \ ..Jlj '-'. r-"oe lc-h _~ . -~) \ rinted Name itle: Ill, '.>l~,~ (c C /./ of Kite Realty Group Trust, the General Partner of Kite Realty Group, L.P., the Managing Member of KITE EAGLE CREEK 11, LLC ignatu e K i) ~::t~ N~~ S?> l( ()W~ Dated: ~_t{____l:: :Zoo <f STATE OF f,rJ "1 . COUNTY OF fY\a1ui\ ) ) SS: ) -rl. .. Before,. a NOlary Public i?1 and. ~o~ lsaid County and State, personally appeared ll\Omab /l.. !'!!,e~ ,the ~ yc.oO 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 _ -i" of __~__~, 2009. FELICIA JACKSON Notary Public, State of Indiana Marlon CounlY Commission It C0051 5 My CommissiM'I hpiras June 17, 2016 (si' aturc) CLU~.i-ljY1 (printed name) Nolary Public fell &a" My Commission Expires: Jtvu n. 'JD (ltJ County of Residence: ~- .. 7 .. OR: 4444 PG: 2530 SIGNATURE PAGE TO AMENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM III WITNESSES: KRG EA ,E CREEK IV, LLC, an Indiana limited . bil' y company c;#,/h~ SIgnature ;::;; J 1"( Foe. h<-. ~ ~Printed Name vi 'gnatu (, , \ (ob-OJ-t . Printed Name By: t:: ~rV -/71 '\J L. ~ame~~i...h~:' ... lilCllOvl.<!"- if . --;) tl/, Title: ~';l((..<W'C' of Kite Realty Group Trust, the General Partner of Kite Rcalty Group, L.P., the Managing Member of KRG EAGLE CREEK IV, LLC S'\'\ II ~_WaJ-- Dated: ~!i~ 1. ~ (JoG, STATEOF~rJ ) . ) SS: COUNTY OF ~ ) -11-...... Bef~re, a Notary Public l' and .for said County and State, personally appeared ~ J....~ ,the Jf!~ -t t/JO 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. '#- day of kt Witness my hand and Notarial Seal this ...1Jih ,2009. '~~' FELICIA JACKSON . ~.. 'No,,,,, .P"b!i:;,St.a,a of Indiana ,';'. '-:- - M,~rlon County ':J, - (J:1""ll!;.~I01'\ tI 690616 -, ivly C(H1'!"r:',1I10n Expires .Jiir,o 17, 2016 - """.~.,' /'" . - .fre I U((.; ignature) ~6{\ (printed name) Notary Public My Commission Expires: :Jw n. J-ot0 County of Residence: ~. - 8 - OR: 4444 PG: 2531 SIGNATURE PAGE TO AMENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM III 9./Jf~ Signature ~ VIC t1, troe/rcA P. ed Name KRG 951 & 41, LLC, an Indiana limited [;'b~W' _ By: - ~~ 1./ ',' ~Name:'/ kh{''- \j1tih"",,,- ~ 'U U' ""'" . ~." n ,"" Itle: -1.:;':' ,-1 - Ll<_-L ' of Kite Realty Group Trust, the General Partner of Kite Realty Group, L.P., the Managing Member ofKRG951 & 41, LLC Dated ~__i__1:.Jot:P1 WITNESSES: STATEOF W COUNTY OF ~_ ) ) SS: ) ...n. """ ,Before, a Notary Public !p, and for said County and State, personally appeared ~<, ~. ,"~X1I\. ,the ~ T' C!...6D __~_ Kite Realty Group Trust, the General Partner of Kitc Realty Group, L.P., the Managing Member of KRG 951 & 41, LLC, an Indiana limited liability company, who acknowledgcd 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 kl ~' ftJici~~6rl (printed name) Notary Public ,2009. FELICIA JACKSON Notary Pubilc, State of Indiene M~rlof1 CountY Ce!'\'rTlls$toi'1 ;; 590516 My c')r1'lr~I'$ion EkPUU JUnO 17,,2016 My Commission Expires: ~ tJ.~11o County of Residence: ~(~oC_ - 9 - OR: 4444 FG: 2532 SIGNATURE PAGE TO AMENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: ABC LIQUORS, INC., a Florida corporation B~~_ .~ ~,~~/ Sig ture ~4r; L. /Jt'or/orJ Printed Name Name: C<-lA"'" ~ r:. "BA',I... 1I!:" ~0r &/;-~ Signature Title: r-prt5i/Jr.:...,-I - Ceo ~/~a<1 Dated: 1""1-'l'.H.....,L r H~\SC.D Printed Name STATE OF ROI"OA ) ) SS: COUNTY OF blU....<oG ) Before, a Notary Public in and for said County and State, personally appeared C_"",. €:8....1,.. .rv: ,the 'Vrts........-f " CeO 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. !"iI' \;..,.'J NolIry NlIc SIItIt or FIottdo PhyIIo F~ MyCclmllW.,~ Expieo 0Ml2I2010 Witness my hand and NOlarial Seal this t day of ~;I .--- ?-p) (signature) ~1 //0 ;;;'t~-/;:",L rinted name) Notary Public ,2009. My Commission Expires: County of Residence: ce/~t../-z.OIO I f C> 5l6'6tA- 800..;0... , -10- OR: 4444 PG: 2533 SIGNATURE PAGE TO AMENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM ill REALTyNET REAL ESTATE, LLC, a Florida limited liability company Sign ure -r:;. tU V) 1':1?i:;(,G?" Printed Name '- Name: ~. ....... C'~\J>1 Signature ~->c?N.'~.J Printed Nam Title: QvJ l\.": e , Dated: 1/ '( I~ ~ COUNTY OF ) ) ss: ) STATE OF Before, a Notary Public in and for said County and State, personally appeared , the of REALTyNET REAL ESTATE, LLC, a Florida limited liability company, who acknowledged the execution of the foregoing instrument as such officer for and on behalf of said limited liability company. Witness my hand and Notarial Seal this _ day of ,2009. (printed name) Notary Public r~fl' ( signature) My Commission Expires: County of Residence: - 11 - <d' m '-" c--..J ~ P-. <:j1 <:j1 <:j1 <:j1 = C:> CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT @~..c<'..c<'.c<'.c<'.c<'.<X'.c<",C(',b{'.c<'.c<',C('.c<'..c<'..c<',C('.c<"..c<'-:C<'.c<";(;('tC<'"c('.c<'.c<'--C<'..c<';C<>..c<'.c<'.c<"..c<'''x'',G('.c<'..c<',c<)c<')y>.c<''..c<'.c<'.c< State of California County of ~ -&. ~t,."" n- on~, \ <] ;u,o"1 before me, personally ap~:ea;ed _ Co~ } tn Itv'f L - (:),/ /e,- , Here Insertfll mean 'S (VJ cA I I e.... . Name(s)of Signer(s) ""'-o..~ '_~ MARY l. O;mGA 4~r8~"t,:~\\ Commi:;s;on # 1708730 "(;C"~~~'~~:~( Notary put.ii.C - California ~ z "\~'" 'I Santa Bmb.'.1ra. County j J """"~' rI/1yCorrm.F.xpir(~suec17,20l0 ... . ... _ ... _ _ ~ v ... ...."I!"O""......,..... ... II who proved 10 me on the basis of satisfactory evidence to be the person~ whose name(~) is/are subscribed to the within instrument and acknowledged 10 me that he/sho/t~9Y executed the same in his/hefI#leif authorized capacity(~, and that by his/~ir signature(s) on the inslrument the person(sr, or the entity upon behalf of which the person(&) acted, executed Ihe instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS 1 Signaturd? OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached ~ument Title or Type of Document: _ciL-<- (D.p e.- Document Date: (l(~vc-e,/m(~_~ __ Number of Pages: Signer(s) Other Than Named Above: Capacily(ies) Claimed by Signer(s) Signer's Name: [J Individual [J Corporate Officer - Title(s): Partner - [] Limited D General ,J Attorney in Fact ['J Trustee I Guardian or Conservator Other: Signer's Name:_~_, ! Individual ,_J Corporate Officer - Title(s): LI Partner - ,[ L' ited . I General ! Attorney in F ct i Trustee [I Guardia or Conservator Other Top 01 thumb here RtGHTTHUMBPRINT OF SIGNER Signer Is Representin ~~'C-Y'C-Y'C-Y-cz.'C;:::.'CCCZ;~ ~;;vcz,'OCt.x,:.'<-X...'<-X...~~'C-Y'G<:.'C-Y"C;(,"'<-:.V'G<:.'l...X;.'l...X;.~~ @2oo7National Notary Association. 9350 De Soto Ave., PO. Box 2402 .Chatsworlh, dA 91313-2402. www.NationaINotary,org Item #5907 Reorder: Call Toll-Free 1"800-876-6827 -\1",- '-" m '-" c--..J ~ p... <:j1 <:j1 ~ <:j1 p;:; C:> SIGNATURE PAGE TO AMENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM III WITNESSES: HABITAT FOR HUMANITY OF COLLIER COUNTY'I~C" a FI 'da Non-Profit Corporation U~~ BY:~~ /' Name: Samuel 1. Durso. MD. ~~%~-- Ignature 1U)2k K Ot/ iJJ,07c'l5 Printed Name Title: President \r::>o",.ro.Q Cb~~{>-A.)o./J , Dated: ~ If!; / (J'i ( I Signature hi0;6-€..- 'Dflm'/ArJAt<c:.:5 Printed Name STATE OF Fl_ ) ) SS: COUNTY OF Co.lIie..L ) 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 J::L day Of.~~ y' 2009. \\\,"11111'", .,,//~ ~ ~ ,'\' .... LO' f(;fj; '''. ./ . /~~ "-'-'" / - - '!<t''''' ,.... 11, ~d'.. " //" ..' ..' v~ ~~~~"O'rA"'~')-"';" -;:/' ~~y -;:~. /~ ~~..' ~ "1P"'~~'1: .' (signature) ; : My Comm, EXPlr'..~ """ i / E ~ :g~b ~~ 2010 : 0 ~ Jli U "'~1?< 'S.. 338:; . ~dl>. .0 . ~ ~..,;:. UsL'C...,..,'t"~ ...." :_(:. ...... :\'V!'r..' """II, OF FLO~\\\\' /lJ," II 111\'\\ . ~ /",-,-J~y",___ (printed name) Notary Public My Commission Expires: County of Residence: (~({(-r 0(5'2'/7cJ/u - 12- ..0 C'Y') '-" c--..J ~~ A.. ~ .q< <:j1 <:j1 p;:; C:> SCHEDULE I Notice Addresses Kite Eagle Creek II, LLC c/o Kite Realty Group Attn: Eric Strickland 30 South Meridian, Suite 1100 Indianapolis, IN 46204 With a Copy to: Kite Realty Group Attn: Robert G. Solloway, Esq. 30 South Meridian, Suite 1100 Indianapolis, IN 46204 KRG951 &41,LLC c/o Kite Realty Group Attn: Eric Strickland 30 South Meridian, Suite 1100 Indianapolis, IN 46204 With a Copy to: Kite Realty Group Attn: Robert G. SOlloway, Esq. 30 South Meridian, Suite 1100 Indianapolis, IN 46204 KRG Eagle Creek IV, LLC c/o Kite Realty Group Attn: Eric Strickland 30 South Meridian, Suite 1100 Indianapolis, IN 46204 With a Copy to: Kite Realty Group Attn: Robert G. Solloway, Esq. 30 South Meridian, Suite 1100 Indianapolis, IN 46204 ABC Liquors, Inc. Attn: Tom Hartmann P.O. Box 593688 Orlando, FL 32859 Habitat for Humanity of Collier County, Inc. Attn: Samuel J. Durso 1145 Tamiami Trail East Naples, FL 34113 RealtyNet Real Estate, LLC Attn: Cory Maile 1083 North Collier Blvd., #334 Marco Island, FL 34145 - 13 - r-- m '-" c--..J ~ A.. ""'" <:j1 <:j1 <:j1 p;:; C:> .~ a~ ~ :s ~cC '" ~! i ~~ ~~ 9)'" g 81 ~ ~iii ~ 8'"' -~ ....!l ~~ Q; I ~ <] ~ ~ ~8~ ;r: ~..,'" ~ts ~~t2~ ~~ 5'"~ -~ .. !! . ;l; .~ -e " u ;l; ~ il, ~ ~ i ill ::i; . c ~l5. ~B~ .g> ",.-I;\:: w ~.E~ '> "''' D O c. ~ ::l ~ ~e:: VIe) 15 (]) OJ ~ E.!; g :!:: c ::l :; Vl _ f"'l B .~ \,.;J u .t ~ :! ~~ i1\ ~:: ~~ ~ Exhibit "B" LeGal DescriDtion for KRG 951 &. 41 LLC A PARCEL OF LAND lOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOllOWS: p;:; 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.S.-3", FOR A DISTANCE OF 867.07 FEET TO THE NORTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 3620 AT PAGES 2872 THROUGH 2876 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE RUN SOUTH 04009'46" WEST, ALONG THE WEST LINE OF . SAID LANDS FOR A DISTANCE OF 163.91 FEET; THENCE RUN SOUTH 02028'03" WEST, ALONG SAID LANDS FOR A DISTANCE OF 36.59 FEET TO THE NORTHERl YMOSlWESTERl 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 35039'44" WEST FOR A DISTANCE OF 400,00 FEET TO A POINT ON THE NORTHERLY LINE OF TRAIL RIDGE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44 AT PAGES 71 THROUGH 77 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 54020'16" WEST, ALONG THE NORTHERLY LINE OF SAID TRAIL RIDGE, FOR A DISTANCE OF 855.70 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 24.575 ACRES, MORE OR lESS 00 m '-" c-.... ~ A.. ~ <:j1 ~ ~ LeGal DescriDtion for Kite EaGle Creek II LLC A PARCEL OF LAND lOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, IN PART BEING lOTS 3 AND 4 OF CAPRI COMMERCIAL CENTER AS RECORDED IN PLAT BOOK 31, PAGES 52 AND 53 OF THE PUBLIC RECORDS OF COLLIER COUNlY, FLORIDA, AND IN PART BEING PORTIONS OF TRACTS M-1 AND M-2 OF CRYSTAL LAKE TERRACES AT EAGLE c:r-o m '-" c--..J ~ p... <:j1 od4 <:j1 od4 p:; c:::> Exhibit "B" CREEK AS RECORDED IN PLAT BOOK 16, PAGES 30 AND 31 OF THE PUBLIC RECORDS OF COLLIER COUNlY, 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 COUNlY, FLORIDA FOR A POINT OF BEGINNING. FROM SAID POINT RUN SOUTH 35039'28" WEST ALONG THE WESTERLY LINE OF SAID "CAPRI COMMERCIAL CENTER" AND "LOT 2 CAPRI COMMERCIAL CENTER REPLAT", A DISTANCE OF 272.94 FEET TO THE SOUTHWESTERLY CORNER OF SAID "LOT 2 CAPRI COMMERCIAL CENTER REPLAT"; THENCE RUN SOUTH 54020'32" EAST ALONG THE SOUTHERLY LINE OF SAID "LOT 2 CAPRI COMMERCIAL CENTER REPLAT', A DISTANCE OF 171.00 FEET TO THE SOUTHEASTERLY CORNER OF SAID "LOT 2 CAPRI COMMERCIAL CENTER REPLAT"; THENCE RUN NORTH 35039'28" EAST ALONG THE EASTERLY LINE OF SAID "LOT 2 CAPRI COMMERCIAL CENTER REPLAT", A DISTANCE OF 23.00 FEET TO AN INTERSEcnON 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 INTERSEcnON 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 INTERSEcnON 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 INTERSEcnON 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 COUNlY, FLORIDA; THENCE RUN SOUTH 04010'08" WEST ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 136.65 TO THE NORTH LINE OF THE PROPERlY 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 INTERSEcnON WITH THE BOUNDARY LINE OF THE PROPERlY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 OF SAID PUBLIC RECORDS OF COLLIER COUNlY, FLORIDA; THENCE RUN SOUTH 04057'05" WEST ALONG SAID BOUNDARY LINE AND THE WEST LINE OF SAID PROPERlY DESCRIBED IN OFFICIAL RECORDS BOOK 2699, PAGE 792, A DISTANCE OF 78.24 FEET; THENCE RUN SOUTH 35039'28" WEST ALONG SAID BOUNDARY LINE OF THE PROPERlY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND SAID WEST LINE OF THE PROPERlY DESCRIBED IN OFFICIAL RECORDS BOOK 2699, PAGE 792, A DISTANCE OF 33.43 FEET; THENCE RUN SOUTH 54020'32" EAST ALONG SAID BOUNDARY LINE OF THE c:> <:j1 '-" c-.... ~ A.. ~ .q< ""'"' <:j1 =: C) Exhibit "B" PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND THE SOUTHWESTERLY LINE OF SAID PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 2699, PAGE 792, A DISTANCE OF 175.20 FEET TO THE POINT OF CURVATURE OF A CURVE OF SAID BOUNDARY LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND SAID SOUTHWESTERLY LINE OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 2699, PAGE 792, SAID CURVE BEING CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 33010'23" AND A CHORD BEARING AND DISTANCE OF SOUTH 70055'44" EAST, 28.55 FEET, RESPEmVELY; THENCE RUN EASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 28.95 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN SOUTH 87030'55" EAST ALONG SAID BOUNDARY LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND THE SOUTHERLY LINE OF SAID PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 2699, PAGE 792, AND ALONG THE SOUTH LINE OF THE PROPERTY DESCRIBED BY THE ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 2605, PAGE 3232 OF SAID PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, A DISTANCE OF 68.63 FEET TO THE POINT OF CURVATURE OF A CURVE OF SAID BOUNDARY LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND SAID PROPERTY DESCRIBED BY THE ORDER OF TAKING AS RECORDED IN OFFICIAL RECORDS BOOK 2605, PAGE 3232, SAID CURVE BEING CONCAVE NORTHERLY AND HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 12059'48" AND A CHORD BEARING AND DISTANCE OF NORTH 85059'11" EAST, 11.32 FEET, RESPEmVELY; THENCE RUN EASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 11.34 FEET TO AN INTERSEmON 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 CHORD BEARING AND DISTANCE OF NORTH 65010'10" WEST, 38.40 FEET, RESPEmVELY; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE RUN WESTERLY ALONG SAID CURVE AND SAID BOUNDARY LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260, AN ARC DISTANCE OF 38.64 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE BEING CONCAVE NORTHERLY AND HAVING A RADIUS OF 62.00 FEET, A CENTRAL ANGLE OF 21053'50" AND A CHORD BEARING AND DISTANCE OF NORTH 65017'26" WEST, 23.55 FEET, RESPEmVELY; 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 ~--f ~ '-" c--..J ~.9 A.. <:j1 =!" .q< =t" p;:; c:> Exhibit "B" "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 PROPERlY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND THE NORTHEASTERLY LINE OF SAID "CRYSTAL LAKE TERRACES AT EAGLE CREEK REPLAT", A DISTANCE OF 1052.44 FEET; THENCE RUN NORTH 35039'28" EAST, A DISTANCE OF 100.00 FEET; THENCE RUN NORTH 80000'15" EAST, A DISTANCE OF 63.72 FEET; THENCE RUN NORTH 35039'28" EAST, A DISTANCE OF 260.11 FEET; THENCE RUN SOUTH 54020'32" EAST, A DISTANCE OF 33.46 FEET; THENCE RUN NORTH 35039'28" EAST, A DISTANCE OF 360.81 FEET; THENCE RUN SOUTH 54015'18" EAST, A DISTANCE OF 26.69 FEET; THENCE RUN NORTH 35044'42" EAST, A DISTANCE OF 34.06 FEET TO AN INTERSEmON 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. LeGal DescriDtion for KRG EaGle Creek IV LLC BEING A PART OF THE NORTHWEST 1f4 OF SEmON 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNlY, FLORIDA. (THE SHOPS AT EAGLE CREEK PAD #5 DESCRIPTION) ALL THAT PART OF SAID SEmON 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 COUNlY, FLORIDA. THENCE ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (U.S. 41) SOUTH 54020'32" EAST 185.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY LINE SOUTH 54020'32" EAST 193.09 FEET; THENCE LEAVING SAID LINE SOUTH 35039'28" WEST 123.00 FEET; THENCE NORTH 54020'32" WEST 193.09 FEET; THENCE NORTH 35039'28" EAST 123.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.55 ACRES MORE OR LESS, BEING 23,749 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRImONS 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. c--..J <:j1 '-" c--..J ~ p... ~ <:j1 ~ <:j1 p::; C:> Exhibit "B" LeGal Description for RealtvNet Real Estate LLC PIN number 00726724107 3 51 26 COMM AT NE CNR TR M-1, N87DEG W 248.62FT, N02DEG E 271.35FT, N02DEG E 35.84FT, S54DEG E 236.49FT, ELY 23.70FT, ALG ARC OF CURVE 2 TT OF REVERSE CURVE, EL Y 38.64FT, S04DEG W 154.42FT TO POB. LeGal Descriptions for Habitat for Humanitv of Collier County Parcel 1: Commencing at the Southeast corner of Section 12, Township 51 South, Range 26 East, Collier County Florida, thence along the East line of said Section 12, North 00011'20" East 2743.15 feet to the East V4 corner of said Section 12; thence continue along said East line of Section 12, North 00027'50" East 894.35 feet; thence North 89056'55" West, 443.00 feet for a Place of Beginning; thence North 89056'55" West, 475.53 feet; thence North 00034'06" East, 490.97 feet; thence South 89056'55" East, 474.64 feet; thence South 00027'50" West, 490.97 feet to the Place of Beginning; being in the Southwest V4 of the Northeast V4 of Section 12, Township 51 South, Range 26 East, Collier County Florida. AND Parcel 2; Commencing at the Southeast corner of Section 12, Township 51 South, Range 26 East, Collier County, Florida, thence along the East line of said Section 12, North 00011'20" East, 2743.15 feet to the East V4 corner of said Section 12; thence continue along said East line of Section 12, on a bearing of North 00027'50" East, 894.35 feet to a set tack; thence run North 89056'55" West for 918.53 feet to a set iron pin with survey cap #LS 4273 which is the Point of Beginning; thence run North 89056'55" West for 443.98 feet to the West line of the Southeast V4 of the Northeast V4 of said Section 12 which is marked by a set iron pin with Survey Cap #LS 4273; thence along said West line run North 00034'06" East for 490.98 feet to the North line of the southeast V4 of the Northeast V4 of said Section 12 which is marked by a iron pipe with Survey Cap #LS 4273; thence along said North line run South 89056'55" East, 443.00 feet to a set iron pin with Survey Cap #LS 4273; thence South 00026'50" West for 490.08 feet to the Point of Beginning; being in the Southeast V4 of the Northeast V4 of Section 12, Township 51 South, Range 26 East Collier County Florida. AND Parcel 3: TOGETHER WITH A Non-exclusive access easement for the benefit of Parcel 1 over and across the Southerly thirty (30) feet of the following described property: Exhibit "B" 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 % 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. cry <:j1 ..... ""'" AND ~ 0.. ~ <:j1 ~ <:j1 The West '/2 of the East 1/2 of the East 1/2 of the Northwest % of the Northeast % of Section 12, Township 51, South, Range 26 East excepting the North 30 feet thereof, which is reserved for road purposes, and The East 1/2 of the East 1/2 of the East 1/2 of the Northwest % of the Northeast % 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. p;:; C:> Leaal DescriDtion for ABC Liauors 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 LAND DESCRIBED HEREIN. ""'"' ""'"' '-" c-.... ~ A.. ~ ~ <:j1 <:j1 0. '" p;:; ::E c:::> ~ " .~ " > 0 - u " B ... ~ U - :.0 :;: >< p:.l i', _I t~1 ill II _ _ ___ '_____,_.M._"__.......,;~,.,..~..~~..,~.~, ~,~."._......~<~.. .."~.,~ .,_.... ,,=-.....~,<,_.'""~_.~,-~' ,. .. ~-~.._'""" ~. u, "'=2" '-" c--..J ~ A.. ""~ <:j1 <:j1 <:j1 p;:; C:> ~ 8 c . > ~ < ~ . ~ '. ~~ ,< h ~. !~ So U. ;J.5 c ~ " ~ ~ . .. ! ~ ~ ~ If I ~ o . ~ .!i ~ ~ ~ .. . " I! I ~ ! .!i .. h ~ c j!8 R~ ~8 :! J } ; f, ~ > j!8 R:! ~8 :! f w I~ .. .. . 3 . c I .. = f 1 ~ . } r o ~ o i~ o . E .! , o ! ~ o :j " 1 o . E o ~ ." c' 'i:gL 1 . :0 .o~ Ih 0'0 is ~ . .-" ,[ ~ =. 1, iH 0= .. ~~ 1 o io w .~ . ~ . " i ~ o . . i I :;; o " , ! .~ . o ~ c . = ~ "a= H :;; . i " l ! 1 . = . ;; ~ o ~ ~ ~ , ~ ~ ~ i ~ c. I" ~ ~ ~ ~ . '" U """",<CO'''' :5 :5 :5:5 'iii ! ~~~g~~ 0'11"" ::J li 0 0 Q 0.. lii lii 'Q; I;; !Ii 11. ll.ll. 0..0.. " , = = = . . . . . . ~u ~ ~ ~ ~ 8 ~ 3 ~ 8 ~ 8 8 8 ~ ~ ~ ~ ~ ~ ~. g ~ ~ ~ ~ ~ ~ ~ ~ a~~~:;j~~~~~l;;;;;;~ .. i ~ l I ~ ~ . ~ j u. 0\''2 L.L (/) 'iii~~~ lam'iii~~ ~ i i ~ ~,~ 8 ~ " i' j' ~ ~ . ,i'i u. LL 8 O\l 0 l!! <>> "~"'I; </)IJJ~ -~ ~ ~~i,~ ~~8~~'2lii~~ o <II"' <II ,5, 0 ' . g 8 - 3: 3: S ii ti~~!i;;ii~it~ ~ I.f) U) <Il 15 a: 0 a: 0: 0: a: (!J '" <I) <5 . . ~ ~ I 1 ~ @j 5 I i I .1 ~! ; I i ~I ~i I , , 1 ~i ~i I I ~I 'I I I I ~I 1 I i ~I ~I I. I~ i ~ Ii I , Ii I i~ .! I~ t .1 i i ~ ~ 11 ::1 ~ :i ~I ~ ! " M_ Ol ~ ~ ~ ~ ~ i 0; ~ ~ ~ Ii ~ ! ~ ~ ~ ~ ! . . . . . . . ; ; ~ ~ 'f~ " . n \ll ~ ~ j!8 R~ ~8 . 11 . . , . ; 8 8 8 . . h ~ ~ iii . i n ~ ~ ~ ~ ~ >0 ,0 '" 2~ 1 ~8 :! . . . . . . . { . : w ~. " J~ ~ ~ .. f ~ . . . . . . . ~ . ;; ~ , ~ g 0 .~ . 0 ~ " . . . . . . . 0 , . N . . ~ . , . " ~ ~ 1 0 " ! I ~ . . . . . . . . 0 ~ 8 :j 5. 1 I ~ ~ , " 0 1 . . 1 ~ ~ I- . . . . . . . . , , ~ ~ . ~- ~ ~ ~ , " . . . . . . ~ ! If l ~ I f 1 .!i ~ ~ ~ . 0 ~ . ~ l 0 0 ~ 1 J ~ ~ ~ ~ " ~ " ~ ~ . I . . ~ I , . . . . . ; i i i i i .. i ~ , , , , , 'I ~ 0 0 0 0 . II 0 it . 0 € !l ~I ~l ~ i - . ~ i H " i H I~ o. ~ ;;; . i.r l~ ~~ , h h 2. 2. h " ! ~ . ~ " ~ ~ I, ;; g N S ~ . ~ ~. ! " . " ~ ~ .; . ->< ->< ->< '-'-' ""'" u-, c--..J c..~ p... .q< <:j1 <:j1 <:j1 p;:; C:> ->< ->< ->< EXHIBIT E DEVELOPER CONTRIBUTION AGREEMENT ROAD IMPACT FEE LEDGER I Beginning Balancel' SampIe-!!!!.p8Cttee....r DATE PERMIT # CREDIT AMT BALANCE COMMENTS Beainnina Balance' *Each Developer shall receive Road Impact Fee Credits as set forth in attached Exhibit "D"