Parcel 170FEE
PROJECT: 99999
PARCEL: 170FEE
FOLIO: A Portion of 24745000545
AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this )../ >> day of May, 2009, by and between BRENTWOOD LAND
PARTNERS, LLC, a Delaware limited liability company, whose address is c/o Kite
Realty Group, 30 South Meridian, Suite 1100, Indianapolis, IN 46204(hereinafter
referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of
Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112
(hereinafter referred to as "County").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a Fee
Simple Estate over, under, upon and across the lands described in Exhibit "A"
(hereinafter referred to as the "Property"), which is attached hereto and made a part of
this Agreement; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
Property to the County for the stated purposes, on the terms and conditions set forth
herein, said terms including that no compensation shall be due and payable for the
Property requested by County.
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. Owner shall convey the Property to County, in a form acceptable to County and at
no cost to the County, unless otherwise stated herein. Said conveyance (Owner's
delivery to County of a properly executed Warranty Deed) is hereinafter referred
to as the "Closing."
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments
which will remove, release or subordinate such encumbrances from the Property
upon their recording in the public records of Collier County, Florida. At or prior to
Closing, Owner shall provide Purchaser with a copy of any existing prior title
insurance policies. Owner shall provide such instruments, properly executed, to
County on or before the date of Closing.
4. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within sixty (60) days from the date County executes this
Agreement; provided; however, that County shall have the unilateral right to
extend the term of this Agreement pending receipt of such instruments, properly
executed, which either remove, release or subordinate any and all such liens,
encumbrances or qualifications affecting County's enjoyment of the Property.
5. County shall pay all fees to record any curative instruments required to clear title,
all Property recording fees, and any and all costs and/or fees associated with
securing and recording a Release or Subordination of any mortgage, lien or other
encumbrance recorded against the property underlying the Property.
6. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
7. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and this written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
8. This Agreement is governed and construed in accordance with the laws of the
State of Florida
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
BOARD 0 Ff1UNTY COMMISSIONERS
COLLIER Y; NTY, FLORIDA
f J ...
BY: A.J/.
DON . A FIALA, Chairman
Q( .
BRENTWOOD LAND PARTNERS, LLC,
a Delaware limited liability company
By: Kite Realty Group, l.P.,
a Delaware limited partnership,
its sole member
By: Kite Realty Group Trust,
a Maryland Real Estate Investment Trust,
:~genDJr K:
~ I Daniel R. Sink,
\ I Executive Vice President and CFO
-------~
COLLIER COUNTY
EXHIBIT--A.-
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PARCEL SKETCH
C.R. 846 (IMMOKALEE ROAD)
PARCEL
R IW T AK E
A porcel of land In SectIon 30, TownshIp 48 South, Range 26 East,
beIng a part of Tract MB", Brentwood Two as recorded 1n Plat Book 47,
Page 90, Col I ler County, FlorIda, beIng further descrlbed os fol lows:
Commence at the northeast corner of sold Section 30, thence South 020
36' 22" East. along the East Llne of sold Section 30, 0 dlstonce of
49.97 feet to StatIon 46+66.37, Bose Line Survey, C.R. 846 {Immokolee
Roodl, thence South 890 34' 24" West, along sold Bose Line Survey, 0
dlstonce of 268.36 feet to Statton 43+98.01, thence deportIng sold
Base LIne Survey South 020 36' 22" East 0 dIstance of 72.31 feet to
the Northeast corner of sold tract "B" and the POINT OF BEGINNING;
thence South 020 36' 22M East. along the East LIne of sold Tract "B",
o dIstance of 15.03 feet, thence departIng sold East LIne North 880
53' 28" West a dIstance of 45.01 feet, thence South 870 43' 49" West 0
dlstance of 178.25 feet to the West LIne of sold Tract "B"; thence
North 020 16' 08" West, along sold West Llne, 0 dIstance of 15.00 feet
to the North LIne of sold Tract "B"; thence North 870 43' 49" East,
along sold North LIne, a dIstance of 178,69 feet; thence South 880 53'
28" East 0 dIstance of 44.48 feet to the POINT OF BEGINNING.
Contolnlng 3,348 square feet, more or less.
NOTES:
I. THE BEARINGS AND DISTANCES SHOWN HEREON ARE BASED ON THE FLORIDA
STATE PLANE COORDINATE SYSTLM. WEST ZONE QS3 NORTH AMERICAN
A M, !'190 ,\DJUSTVE,'IT, ,\5 E';T1\BL lSHFD F G.D.S, PRP,1ARY NE.lWORK
CONTROl. PO[NT~'; 175 8 ",\" SERlE .<\D7-1\!0. l,ND 17590 "A" SERIES
A04-AI0. DFRI'/ING ,\ BUJ{ING OF N 89"'3'1'/,11" ALONG THE SURVEY BASE
LP,I: elF C.P. "45 (IMMQKAI,EE PQM) RETWEU: (,Tt.TJO~J 30.0D.00 AND
STATION 47'00.00.
2. THIS CERTIFICATION VALIOATES SHEETS I THROUGH 2. ANY ONE (I) SHEET
[5 TO BE CONSIDERED INCOMPLETE WITHOUT ALL OTHERS.
3. ATTENTION IS DIRECTED TO THE FACT THAT THESE SKETCHES MAY HAVE
BEEN ALTERED IN SIZE BY REPRODUCTION.
CERTIFICATION:
NOT VALID WITHOUT THE SIGNATURE
AND ORIGINAL RAISED SEAL OF A
LICENSED FLORIDA SURVEYOR AND MAPPER
7
. /J'-
U'~~7 d-~%'L
8 L. POTTER
ROFESSIONAL SURVEYOR AND MAPPER
FLORIOA CERTIFICATE NUMBER 5688
TEeM - ROW
APR 2 2 2009
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TH1S SKETCH IS A GRAPHIC ILLUSTRATION FOR
INFORMATIONAL PURPOSES ONLY AND :S NO-
INTENDED TO REPRESENT A FiELD SURVEY.
LOCAllOM "'''
tNOT TO ,eM-IE)
COLLIER COUNTY TRANSPORTATION SERVICES DIVISION
PARCEL SKETCH - NOT A SURVEY
COUNTY ROAD NO. 846 {IMMOKALEE ROAD>
COLLI ER COUNTY
BY
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CHECKED R.L.P:"-'~-;;2~ F.P. ID. N/A SECTION
SHEET I OF 2
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BASE LINE SURVEY
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BRENTWOOD TWO
P.B. 47, PG. 90
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. LANOStAF"E BUFFER EA5Ea.E:NT
. LEFT
. OFFICIAL AEcO~D 900'1(
. PLAT MOl<
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TABLE
BEARING
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L-4
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16' 08"
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S[€: SHnr ! tOA NOTES AND CE~rlrrcATlON.
ATTENTIOH IS OIRECTEO TO THE VACT THAT T~e:SE SICETCHES ~AY' "AVE SEEN AL TERF.:O IN SIZE er PROOUCfJON.
DISTANCE
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2'9.96' (e )lP J i
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45.01 '( C)
178.25-;-CC)
15.00' (C)
I "is ;-69'TC) (p)
44.48' (C) (p")
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COLLIER COUNTY TRANSPORTATION SERVICES DIVISION
PARCEL SKETCH NOT A SURVEY
COUNTY ROAD NO. 846 (IMMOKAlEE ROAD)
R'
ORlWN I..w.e.
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o.
vAn.
CHECKED A.l.P.
D3/24/09
F.P. ID. N/A
COLLIER COUNTY
SHEET 2
OF 2