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Agenda 03/10/2009 Item #16B 7 Agenda Item No. 16B7 March 10, 2009 Page 1 of 40 EXECUTIVE SUMMARY Recommendation to terminate the amended and restated US41 Developers' Consortium (Consortium) Developer Contrihution Agreement (DCA), recorded in O.R. Book 4408, Page 2880. (CTS). OBJECTIVE: To obtain the Board of County Commissioners' (BCC) approval to terminate the amended and restated Consortium DCA, recorded in O.R. Book 4408, Page 2880. CONSIDERATIONS: The BCC approved the amended DCA on November 18, 2008, which required the Consortium to provide for an initial cash payment of $3,000,000 and surety for $19.522,003,65 due by February 18, 2009. These funds were to be used to update the PD&E study, design the project, acquire right of way and construct at grade improvements at the intersection ofUS41 and SR-CR95I within a grade separated footprint. As of February 19th, only Habitat for Humanity of Collier County, Inc., has posted their letter of credit with the County. Paragraph five of the DCA states the following: ~ "If the Consortium Developers fail to submit payment bonds, letters of credit, or other approved payment security totaling in the aggregate $19,522,003.65 prior to the expiration of said 90-day period, the County shall have the right to terminate this Agreement, in which event, the 83,000,000.00 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 tennination of this Agreement. [fthe Agreement is terminated no approvals shall be granted for any development that impacts US41 east of CR951 and SR951 south of US41." At this time it is staffs recommendation to terminate this agreement consistent with paragraph five of the DCA. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: It is appropriate at this time to terminate this Agreement. This is a regular agenda item which requires a simple majority vote. -JAK RECOMMENDATION: That the Board of County Commissioners (BCC) terminates the amended and restated Consortium DCA, recorded in O.R. Book 4408, Page 2880 due to the inability of the Consortium to provide the appropriate cash and security as required in paragraph ,-- five above. Prepared By: Nick Casalanguida, Director, Transportation Planning Attachments: I) US41 Cons011iul11 DCA in Book 4408, Page 2880 Page 1 of 1 Agenda Item No. 16B7 March 10, 2009 Page 2 of 40 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1687 Meeting Date: Recommendation to terminate the amended and restated US41 Developers Consortium {Consortium} Developer Contribution Agreement (DCA). recorded in OR. Book 4408, Page 2880. (CTS). 3/10/2009900:00 AM Approved By Brian Hancock Operations Support Manager Date Transportation Division Transportation Administration 2/24/20098:09 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 2/24/2009 1 :39 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 2/26/20093:18 PM Approved By Pat Lehnhard Executive Secretary Date ,-- Transportation Services Transportation Services Admin 2126120094:07 PM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 2127f2009 9:10 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 3f2f2009 9:12 AM A pproved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3f2f2009 4:04 PM file://C:\AgendaTestlExport\ 125.March%20 10, %202009\ 16.%20CONSENT%20AG ENDA \1... 3/4/2009 ~ \i Agenda Item No. 1687 March 10, 2009 Page 3 of 40 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 II!~ of 1\1"."",,,,,,,,,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, REALTYNET REAL ESTATE, LLC, a Florida limited liability company, and IlABITAT 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 Flori<jJL(herei.!1after referred to as "County"), and hereby amends, restates, supercedes, and r~plat.ei[,i!i iCt@Wtv,l,hatcertain"DeveloperContribution I ' /~ \ ,\ ,~""'<'J;~'b' 3 0 d b I Agreement-US 41 Deve opers C9r1(Qflluin' uateu l"~-!I!,er') ,20 7, recorde Novem er 6, 2007, in Official Records Book'430~t Page 2349 of tll~:Official Records of Collier County, Florida All capitalized termo/';;ot;fefined-herein s~alI.have 'the s~e meaning as set forth in the :;;";~OI-I3.';;::"'" 7.nSrc~anw\Z~ I omm~. omm.- II"",:\~ ,REa iAts: I,~I \ (' \ ,., I , ~/ WHERE S th C\.-:',. D I \~. hi /,~; I' f th A, e o~~~~um eve opers .~ 19~ ;or contro portions 0 e development projects (each a "Development" and coIlective~ die "Developments"), identified graphically in Exhibit "A" and bJJ,eg~~~riptions inExhifr'B" and located in unincorporated Collier County, Florida; and ~<~;.Y 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 ofF.S. ~~163.3220--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- __n., ==~~ .. '" .. --_.. _ C> ~-- -_ C> - n_ -= .. - -... = C> ,.. -'" ~ '" '" - .. _n _ C> ~- "'''' -.. ~'" ~ __ ...c:. -~ ......, ~ ~ c....> r-t'";:; (..0.) ~ u::> ~~~ t:: ::: (J'1 ,..n 3::;: C> ~- :=t:' ~:: .. =n ....~...~ ~ ~ ... .... :> '" ~ ..0 C> nn !'4~ Pd n::::~ -.,. .. -'" - _ n......, goo ~oo ~ c:::> - ~ n _ C> _ ... n - -- ~ - .. ~ ~~ -- ~;", ~~ OR: 44Md~~ ~8~tB7 March 10. 2009 Page 4 of 40 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 (I) 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 4] 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 US4] and SR -CR95] that would also be the footprint for the ultimate grade separated improvement (See exhibits ] "at grade" and 2 "grade separated"). The estimated cost for the "at grade" improvementr-Wbi~ includes right of way is approximately $]8,700,000 and project contingenc)'/€~o{O\82~;<l,Q3.65 for a total of $22,522,003.65. The ultimate "grade separated" iJn'5Qv'efuent is esrim'a~~.an additional $35,300,000. This intersection is identified in rC9untY's Long Range t-rdns~rtation Plan (LRTP) as grade separated; and (/ r~ \ . \ J.._",,\ ~ ~ \ WHE~AS, the COlflie. .~ t jB t"~rnv em. ent in order to help fund and accelerate the Improvement pf s I;11ter e lOP.; ad , I \n \ . ~I WHEREAS, the Tr~tion Adrninistra ... of the ~~ty has recommended to the Board of County Commissio~!).'that the improvem~\s.se\~rtlr'in this Agreement (hereinafter referred to as the "Proposed Pl~pls in th. e conformitl~$~,bntemp]ated improvements and additions to the County's transPOltat!~~network; and <<, / '<t r------.-::c"Y WHEREAS, after reasoned co~sjJJli;fn. b~tlfe Board of County Commissioners, the Board fmds 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. - 2 - OR: 446'gelim.,tefl:OtJ) 16B7 l ~a~I9\i1~ 2009 Page 5 of 40 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 all necessary right-of-way and construct at grade improvement at the intersection of US41 and SR-CR951 that would also be th!< footprint for the ultimate grade separated improvement (the "Project"). ~~~ ~~dentifY the Project within the Capital Improvement Element (eIE) fisc~y~;~o'f-Y.lftlie~~~ is ready for construction in fiscal 2012, the County will accelerate~YfOject accordingly~t..~ \l{l~erstood by all parties that the Project is subject to FDOT aPFov;;[and-requires an accep~e o\the reevaluated PD&E and all pe:nuttin~ ~pp~ovals. The cruntl wil~'Plll\su~eiii1g\ into. a'~ocal Agency Program (LAP) or Jomt PartiCipatIOn Agreement (.rP~. .FOO:r~pz:o.pp$\ b .. . I II. r '\jC( ) ) I i[! \: V 1 . 3. Within thirty\~30)\da~tt.ecth5~ffecl1ve pate, fl!e, I onsortlUm Developers shall pay to the County in cash tht; sWh 'of13,000;000m~The l::jo;m~ll nse these funds to proceed with a PD&E update, design>'miltright of way acqui.s;w>nloy,~~ Project. Subject to paragraph 5, these funds are non-refundab~{egardless of if and wneptIt(Q)'unty commences or completes this Project. \Z9>~::-~_A~/ ~ ,', . ('-/ 4. As set forth in Exhib'it<O'(tlieeMhestone Schedule"), Developers shall pay -.., -- County an additional $19,522,003.65 in Antlclpated 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. OR: 440'8'd'~~~~~~~ Page 6 of 40 5. As security for each Developer's payment of its Anticipated Road Impact Fee Amount, each Developer hereby agrees to submit to the County within ninety (90) days after the Effective Date, a payment bond, letter of credit or other payment security acceptable to and approved by the County in the amount of its Anticipated Road Impact Fee Amount totaling $19,522,003.65. This shall be in a form acceptable to the County. If the Consortium Developers fail to submit payment bonds, letters of credit, or other approved payment security totaling in the aggregate $19,522,003.65 prior to the expiration of said 90.day period, the County shall have the right to terminate this Agreement, in which event, the $3,000,000.00 cash payment and any other cash payment made by a Developer shall be returned within thirty (30) days by the County to the Developer that paid the same, the payment bonds, letters of credit and other payment security (if applicable) that were submitted by the Consortium Developers shall be released within thirty (30) days by the County, this Agreement shall be null and void, and the parties shall be relieved from any and all further obligations hereunder which do not survive termination of this Agreement. If the Agreement is terminated no approvals shall be granted for any development that impacts US41 east of CR95 I and SR951 south of US41. ...----~--- 6, This is a form of "~lI"EM~I~ Accordingly, following all of the Developer's submittal of cash P(ffl~;;a~ent'b~4il~tter of credit, or other approved payment security for its Antic~patM1W.ad...I@pact Fee Am~t, is applicable, (1) each Developer shall receive Road Impact Fe<f Cddits..f~h~ti(;ipaied R~ad Impact Fee Amount as set forth in Exhibit "C". A s~ptYGO....w ~~~ J,.~dger, utilized by the County to administer Road Impact Fe1 Cn~.ditS f(}~e{cH.Df~~ ~'. l\til1cbed\as Exhibit "D"; and (2) each Developer ~h~1 also ~eceiv1 F~if\~~\..At.f.:de9 I tePul{ F;kil. iries ~"Certificates") ~m the County which 11DIDedlately !UJ f@lyvest eaCl{ d esp' lvi ~nsortlum Developers WIth the right to roadway capacity in\~~ection with their ~.R.ec iv9' Delelopments as set forth in the Milestone Schedule; and (3) ~::Oeveloper's projeC\'Is.wu~entitled to obtain certificates of occupancy, site development \p{ap-~provals, . p.lat a. p~~~s' and building permits for its Development (or portions thereo);,~'liiWl~Gab1e~~bj<li;:J ythe normal permitting and review process. Issuance of these Certificates~'1l~8e~~ relieve the respective Developers from their respective obligation to pay road impactfees 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 assigmnent agreement with County. The foregoing reduction in the Road Impact Fees shall be calculated based on the amount of the Road Impact Fees in effect at the time the Building Permit is issued. The credits set forth herein shall be applied solely to Road Impact Fees, and shall not offset, diminish or reduce any other charges, fees or other Impact Fees for which the respective Developer, its successors and assigns are responsible in connection with the development of their lands. It is expressly understood that the Impact Fee Credits will be utilized in the order in which the Building Permits are reviewed by the Impact Fee Administration, irrespective of whether Developer assigns all or part of the Development. The 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- OR: 4~aJm,~B~ Page 7 of 40 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 I I, no additional development approvals that directly impact this segment of US41 will be granted outside of this Agr~e~ent until the Project is. co~~:d unI:ss otherwise approved by the Board of County ComnusslOners. Upon comP.1e~'(9t}l)e;'I1:oJect, the County shall evaluate the roadway capacity, background tr~~tvesreQltip~t4jerermine if any additional approvals may be granted. //(~/, ""'\ \ 9.. This Agreemetlt here03'-lUl!"encls restates, sUJlel;cedes, and replaces in it entirety that certain "Developer don~i uli~ l;;;:;'ih~~l",..J)evJlopers' Consortium" dated November 13, 2007, recorddd ~ vJ@;~; t6:\200~b,' ,ci8'( ~eco~ds Book 4303 at Page 2349 of the Official Records ofC61lie .Count):, Fldri Jlr-' \) ( 'If~) \~\'-~~ ;:=:; M~~ LS) /~~ \(:'4 \ ~/^L/ 10. This Agreement shai '!Jot be construct "'I~Characterized as a development . "-\"'-..... /.... / agreement under the Flonda Local emment-DeveJopl:n;nt Agreement Act. '~ C\}:::;:/ II. The burdens of this Agreement'snall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. Upon giving written notice to the County, each Developer may assign all or part of the concurrency rights it receives under this Agreement utilizing the County's then current form of assignment. The Developer may also transfer or assign all or a portion of the approved density or square footage to another project on any immediately adjacent roadway link with the intersection of US41 with SR-CR 951 whether owned by that developer or owned by another developer. 12. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner or its successors or assigns, of the necessity of complying with any law, ordinance rule or regulation governing said permitting requirements, conditions, terms or restrictions. 13. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as .5- OR: 4,~aJ~ ~&ii~ Page 8 of 40 is necessary to comply with such laws, in a many which best reflects the intent of this Agreement. 14. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed to the parties at the addresses set forth in Schedule 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, 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. 16. In the event of anl~s~~ment, the parties shall attempt to resolve such dispute first by meansGtt!ie County's th"en...c'~nt Alternative Dispute Resolution Procedure, if any. Following ilie 'c66'clusi.Qn of such proc~ure, if any, either party may file an action for injunctive relief if thr! Clrcuit...Cdun-of-eollier Cbun~ to enforce the terms of this Agreement, and remedy bei?g c~~v~~. \~tla,~.r.emedies available to the parties for the enforceme~t of the \~tr'. (0 1] ~ t I J 17. This Agreemept. cons--<<tutes-fu{ ~.$ a em~etween the County and the parties with respect to the a~~;I\.les noted herein anc!.~upersed~d takes the place of any and all previous agreements enter'e~)nto between the p~?'.b&'eIo relating to the transactions contemplated herein. All Prior\cP~'s.entations, und. e~>1lrid agreements by or between the parties hereto with respect to ih .J$I1'l;ct..ro.aU~~\-Agreement are merged into, and expressed in, this Agreement, an ---aftt lilI\d()uR}maf representations, undertakings, and agreements by and between such parties ~respectthereto hereby are canceled. 18. The individuals signing this Agreement on behalf of each party represents and warrants that he or she has the full power and authority to execute this Agreement for the party upon whose behalf he or she is executing same and that upon such execution, such party shall be fully bound by each and every provision of this Agreement. 19. Nothing contained herein shall be deemed or construed to create between or among any of the parties any joint venture or partnership nor otherwise grant to one another the right, authority or power to bind any other party hereto to any agreement whatsoever. 20. This Agreement may be executed in separate counterparts, each of which when so executed shall be an original, but all of which together shall constitute but one and the same instrument. - 6. OR: ~4u~aJ!;~hl~a~~ Page 9 of 40 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 \";:1~' f:~r;. '.',\ .......... 1.."J .> .... <~'\ .. :'1,'-::.~ . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA an Appr ved as to fann and I al ency: w .. . :\\::,R COUV ~v ~. /'J~ ! .'----~ , ~ r__ "\ / L---', \ (I ~(Q)' J~ '\\17\, . ("",\- \....,1 _1:. II /.-1 ~\~ -,..~) 'f:: \ .-(\,1}" /.../ \~,.! ..,.\,~ 10 "f- ..." L ~.Jh . \.\." (' ."\' J:!!)~ ORL ey .7- OR: 44Ql8ncDfltem'lrll:ll16B7 1 rt;I~rdl' .,,&, '2009 Page 100140 SIGNATURE PAGE TO AMENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM ~tJlY "1.1 ~ ........., IIOSEMARlE B. YOUNG ..\:l.l.. . llY 00lIIlSSl0N, DO ~ ""~ EXPlRES:.loooa!y 6. 2010 "....."". _Tln.....,.,."._ '-;CIL LA~ Name: Ard~.o'f'.~ So l CR I Printed Name Title: Jv\o...~1 ~ Vv\~6e.r". /7 _ 4 fJf. 1/ of Gul~ Coast Na serve. LLC, the .~ D _ 0 ManagmgMemberofNAPLESREsERVE, Signature LLC ~.:u ~ '--h~~~;Q ~'-\ ~8 Prlm<dN_ ~ /'1' STATE OF COUNTY OF (D\\.lu' \ ''('I .l'k ) ..:J 11 Before.,.-il Notary p~f~.':in and for said "~~ / ~ State, personally appeared t:ra::I!Ymf.{/::J:?/C<. . tad' of Gulf Coast Naples Reserve, L C, Managing MembW.pi'., ~S.E\.~,>~LC, a Florida limited liability company, who acknowledged the e~ drlPJ t!:tel13~mg mstrument as such officer for and on behalf of said limited liability compan~-=------ ..f<. Witness my hand and Notarial Seal thi.s~ day of f'!)DIv.6er, 2008. ~ 6V~C/ (si e) ~Vv(prin~~~ Notary Public WITNESSES: B. My Commission Expires: \\~\~\O County of Residence: ~\\~r .8. OR: 44'O&'cpg:~ma~2~ Page 11 of 40 SIGNATURE PAGE TO AMENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: KITE EAGLE CREEK II, LLC, an Indiana (}I,~ :'~""' Signature ~ ~L h-Oe.\(c...~ Name: -rihmA} (,\ A1cGoc..k;" ~ 4tedName Title: C~;e+ c>~.A.';1! 6#':{~r ~~ J~ of Kite Realty Group rust, the General /j Partner of Kite Realty Group, L.P., the 19na Managing Member of KITE EAGLE CREEK /(t)b..lri G. s;.o//OI.tJ~'I~~, Printed Name /1~';-- Dated:-",'vf~- J.. </- ;;.O() II~~ \ STATEOF tHO/At.l4 (i) (r7'\Jrrr"l~i[))v\r) .tss~\JJ) tl ti "-.1 COUNTY OF ~ \'f \ '-~ '-' - \", . 'I /~ j V;.\ )k / ,/.:2' Before, a Notary Publi~":' and for said 'C~tyC ,~ State, personally appeared ~,u: K, M...e......... , th~ '. . of Kite Realty Group Trust, the General Partner of Kite1&al " c '. €~anaging Member of KITE EAGLE CREEK II, LLC, an Indiana limited liabili'. lea&. \ y,-who acknowledged the execution of the foregoing instrument as such officer for and on behalf of said limited liability company. ~~. hand and Notarial Seal this ~day of ~ ;.,\\ R. R~J": Q4d6 ~ .':-..t- ........ '" \ {'" 9 .." .... ~ ~~ ! ~:' NOTARy....'" \ V ~gIiatw-e) - SEA . . i i L: ~ ,. ~.. _ \ ..... PUBLIC ......! ~ ~"'\"""""\ .... d'X.... .....~'r,,," (pnnted n~e) ....;!~ OF'i~O\\,/ Notary PublIc .'ff. "", 'If.u.....' My Commission Expires: County of Residence: ,2008. -M '10.. "7D1'f ~M - 9- OR: 44Q'8Je~~'ZS", 1~~~ Page 12 of 40 SIGNATURE PAGE TO AMENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WIlNESSES: KRG EAGLE CREEK IV, LLC, an Indiana ~ limited lia~pany 11::'. By " --y-' L r:- Name; ~a. S k 4, Go~ q.~' -J I r-rne-\, "h ~. edName ~ Title: C~;~ D~Pv+/nl off.{J{, ~A / of Kite Realty Group rust, the General /. / i. Partner of Kite Realty Group, L.P., the SI I Managing Member of KRG EAGLE CREEK KG l.art r;. ~llow~~~&~. ,} Printed Name ~O~Dated; ~y;:?-\~ ){)lJf STATE OF INDIANA Before, a Notary Pu !~~ l~ an~ for said ~W(; State, personally appeared ~S \C.. ~, thbf ~ ~ tift.ci#' of Kite Realty Group Trust, the General Partner of Kite R'~~J9!iP;::; i 1'h.e)M'anaging Member of KRG EAGLE CREEK IV, LLC, an Indiana limited liabil1t&~-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 -af'dayof ~ ,2008. .......'..... h~'\\~~.~~;;; I Q.... ". ~ ~ "f":. NOTARY'..-z. r : SEAL ': . i . : : \. *:.. PUBLIC :' * j .11';". ....~.; ...~ '1/':....."... ,...~ ." ", l: 0 ...1'0.- ,........ -., F \\" ,,' My Comni1!l9ioll"e.(plres; ~~ ~I~ (printed name) Notary Public County of Residence; ~I-{ 10, 7ol~ Mtvi CV\,. - 10- OR: 44O~JG~ ~~~QB7 March 10, 2009 Page 13 of 40 SIGNATURE PAGE TO AMENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WIlNESSES: KRG 951 & 41, LLC, an Indiana limited liability C?,r By; ~ S E~ :]\L t==Yo~h ~ Name:~"'I"S r,C .k1rbo""-'1 rttV Printed Name Title; (~:.el nM1,,-i,,~ o[f.'c4i, ~ f) j:L7~ of Kite Rea]~ G~st, the General ~ ~ _----'--~ Partner of Kite Realty Group, LP., the ignature Managing Member of KRG 951 & 41, ';') I / G .( / ~~----- f\O~t . D/(()h)'!.l\,\:,RLOr~ Printed Name / L! ~D;Ued:---::::::Yli;,.:l. '1- :2 OD4' Ie? ~ I/~\ (/: ~ \ STATE OF 'NI)l~A- () IYTl~~(])Jr\\Y) ! r}.SS,y li f-. COUNTY OF Mt,?{o,J \ P ~ '''!) ; ~! \-.... VI'; /) ,""'. "'JZ ,I ~ \ /' ~~ / \:1.{ Before, a Notary Publi"9'~)~ and for said CounlYcano State, personally appeared il-wrWt~ K Mc€t~ , th~: . - - Kite Realty Group Trust, the General Partner of Kite Realty Gi6tlJTf~~ anagingMember of KRG 951 & 41, LLC, an Indiana limited liability company-,'~Jjfd~aWJt ~eaged the execution of the foregoing instrument as such officer for and on behalf of said limited liability company, ~l:Q~~ hand and Notarial Seal this 7/tlay of Ch.-bboov , 2008. ~.~\p., Fl..q7'''''A '\ ~~ :-.t- ...... ,f...., ~'J o ..... ....'-1 \. \--1 !D !~.... NOTARY ....'1- \ V (si :rfure)' ~ [SEAL). ~ N.;m( ~.... \ * ". PUBLiC.... f -- .... "';'" ...~'" l (printed name) ".. -1>-.:........... ~"" ..' Notary Public 'I';(:~ OF ,~Q,,'\"" """ltn,..'"'' My Commission Expires: County of Residence: 1.!J 'WI I ^ _ _' ~ 'I'Y'l 6\1\.. - II . OR 44~!1.enda Item No, 16B7 : Ul:l p~r"'llti12009 Pa~l'\'l'4'-of 40 SIGNATURE PAGE TO U.S. 41 DEVELOPER CONSORTIUM AGREEMENT By: Florida WITNESSES: (j~~d+ !c/' TOUSA HOMES, I corp Name' Title: vP Signature Dated:~O~ -- iv\ER CO~;\1 GO"\.; )')~ ~ -~ ~~f01Y~W ~\~~~ ~/t '~~'\I I ! ~ Before, a Notary PI!~ m and for saI(l,.l'~ujlt),t ~ State, personally appeared :]:t.l~ Co~~l.lh , tl1~. . , 't'\..,f / i: of TOUSA HOMES, INC., a Florida corporation, who acifu\J~ ed the executi . 'iJf fie foregoing instrument as such officer for and on behalf of said Iinntedl}"a' pan....\. ...........~' \ \<... c:'y Witness my hand and Notarial Seal thi _ day of C> c.l-O/ay... , 2008. ChA A J:::tUY'_A./ 1Yl, cJ C<-4Jf (signature) ~VI r', snn(}. ~\ lJn. rd (printed name) Notary Public .--, " Printed Name STATE OF f\...~ll,^ COUNTY OF \...c.~ My Commission Expires: County of Residence: Oc+ 23, 2co'l I Le.e... - ~ CHIUS11NAMWARJ) 1iIY~.D04ICIIJ 't.~ 1!XPIIUlI: Od.23._ l'07l_OIl-_- -t 1/2241449.1 OR: t4Wa1.B~ht~~~ Page 15 of 40 SIGNATURE PAGE TO AMENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: ABC LIQUORS, INC., a Florida corporation 7 P.~_ -t ilJC<<L By: I}~ {J-~ ~atute 7 () b A A Name: UEf5 'BAuEs /'(0 ;" L. IV(a.r-nf) -I Printed Name Title: t-IcE ;;:;?,.,:.,I.,." jtJ.N,f'l~1.. OU.'/I Dated: a';;J~"'-;)3 2dt76' OSI~ ~,..IlpA G~:LL/~1b~ Prin~e k~ /'/~ /l~\ STAle OF -RM'lCCOS!FW,,,1 COUNTY OF ZJ;z~tJ4E \~SZ \~~. ) / ~J' 'h\ )~ j'-' / Before, a Notary Puh.(i~.il! and for said'Col.\lltYCQil State, personally appeared t/~$5 'j3q,;, S , th~{ I/1Clii ?/?G.510eA-//A... /' of ABC LIQUORS, INC., a Florida corporation, who acknowle'dg(d' ~ot''tI~~-fOregoing instrument as such officer for and on behalf of said limiled liabili~~/ (f; Witness my hand and ~;a _se~,' .)3 day of O~)"'..- ""1'lII*_a1Fb1d1_ _~a (7f:-.~ 1'IItIt...... _ lire:. ., -1'\ Ill! (sIgnature) e-.-. <~) 1E~~L (pri ed name) Notary Public ,2008, My Commission Expires: Of5/0-z/ZtJlO County of Residence: ()Sl~,ju4 .13 - Agenda Item No. 16B7 March 10, 2009 P2a8~316 of 40 OR: 4408 PG: I~ SIGNATURE PAGE TO AMENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM cdr ~ ~ A Signatur NBC RV, LLC, a Florida limited liability :pony~ ---- Name: \ze.,~ f\\\rr. ~(',<.,\ \:. WITNESSES: LCi \, r..C'\ -S ~rA Printed Name Q (j21;J1JJIUI) ~ Signature C-L-AUDI,.)C RUt-LAle ~O Printed Name ~O"/Y ~./' Title: ,'f\ ()" () ~ ",0 'fill" ;'\\ \:.e .- . .:. Dated: \[). ;:;)~-()~ , \ ~ Before, a Notary Pub(tS1: 'in and for said (;Qa State, personally appeared \:.";\\\; ~. ~(\:".'<.. ,tfier.." " . /I, of NBC ,RV! LLC, a Flonda lmuted liabIlity company WllO. .1'. _, (~)gecutlOn of the foregomg mstrument as such "'~S;;c.r for and on beh~fG .!!,If ~~fu'O\"I:>.\, ~ Q.c'''''''()G''~. Witness my hand and Notarial Seal this .s..~y of Cld-o ~ ,2008, c1~~ ~ A (si e) LU-..u..reA\ .-S .bea..d (printed name) Notary Public \tJ - ::J'-\- \D County of Residence: ~ \\~~.\ My Commission Expires: e:;... LAUREN J. IIENID -,. PuIlIc . _ '" FIlIlIlI . . Co...... ' ~00l3l, Cc.L.' . . DO .uz -ey-...-,.-. . 14 - OR: m~'2~h ~9A~~ Page 17 of 40 SIGNATURE PAGE TO AMENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: ol. ~ (!J d Signature NBC LAND HOLDINGS, LLC, a Florida ~:ted~ab~ ....---- Name: k~,./.h 1111.." BO<.K _l (\.,...." :;. ~ e ".-<:\ Printed Name ~1I~1"') k Signature CUtUD/"JE" ftuc;LA Ie. ~R COO Printed Name /fYY:~ ill/,.;:; !;A~ ::=FOFF~:~',~: (Jf@l\~~ Before, a Notary ~bifp. 'ill and for saii'~~d State, personally appeared \(e~u.-. (}.. ~"".,\'< .th);r'~~ / 'ofNBCLANDHoLDINGS, ~LC, a Florida limited liability co4lpaa7!1.,-' ~. edged the execution of the foregoing mstrument as such ,,~(. c for and'-on~~hiUt1ol.sar(r\\",.\.A \,,,In,I.h.. ~......"o.",,\, Q <:" Witness my hand and NOtari::2:S gday ~ Dc..~D r- .2008. ~gnature) Title: man", Mj mf'm h....- d Dated: ID -.J<j-Ol< \ (\ U'--e.I' -S. De nrci (printed name) Notary Public My Commission Expires: County of Residence: \C), ~4- Ie:, C"" \ \,..., ......... ~ J.IEARD Qf"'<~" .'i...... --, "'*.......... '. .\Mrc...., . .EIlpiIICIlIM. en ". . DO 5IIQ2 IoodId _ Ala - 15 - OR: 440!e~~e,n ~~~~ Page 18 of 40 SIGNA TUBE PAGE TO U.S. 41 DEVEWPER CONSORTIUM AGREEMENT ~~ Signature .~IW\ ~oeF~l"- Printed Name ~~ Signature (f K,va-... K''S~'''\.. Printed Name By: WITNESSES: TrtIe: aJJMF STATE OF __~/D/2.z.../I'}~ ~\j; . lJiVJ;.. · ~ !01(()J~~ ' ' ;~ 0>> I ~t- \".. (, I / ~ Before, a Notary .~ in and for said'1"'~' C') State, personally appeared . tAlr. -! /('. of REALTYNn REAL EsTATE. LLC, a Florida limitea. ,lifQili!)' co.mp.any, )V$,cl6IoWledged the execution of the foregomg' instrument as such offic:er1fr' .;;:,';hm-bel1aif'of'1 '" ..timited liability company. ':Z:IfE -CH'I..:>/ -------- Witness my hand and Notarial Seal this _ day of . 2008. COUNTY OF ( signature) (printed name) Notary Public My Commio.~on Expires: County of Residence: 1/2241449.1 OR: madw~h~~~~~ Page 19 of 40 ~~~~~lI'!-~--~~ - ~ CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ii: R --_._-~~~~~~~~-~~~~~"cY State of California } County of S '" ,.., ~ B::.r h,,-~ 3 ....oo~ On 0 C ~ Iou '2- I before me, 0... \Lc..r:,^ '" e \ rV 0 \-e.r- Here In56rt Name and Title 01 the ~u.1" \; . personally appeared Co C- 'j s MCl'\\~ Name(s) 01 $Igner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose nametli)(!)lare subscribed to the within instrument and acknowledged to me that ~nelthey executed the same in~lth~ authorized capacity(i8&), and that by@1l!lC!tl1eir signature(S) on the instrument the person(\o), or the entity upon behalf of IC the pelrson(S) acted, executed the instrument. y\\?_ O[r'A;--, Cl.._.' . ~. '''''01 ~:-.) I certiiYUiide/ ~lTY OF PERJURY under the laws ': ':::~C~" c.; of the State ofCaltto'ro~a that the foregoing paragraph is ,~ _~ = "_' ~~__" \..-, 4rue an~recl\ \ ! 1(C(~V\'1ESSi' '\ (d \ff:cial ~ ~. . 0 I SigAE(tu.-/ +-t- I. ~ P1.~No~~s..IAb<Ne ,-" ~'V) d....;" I :--'''gMM'OIN_,,",,", , . \ OPiJONAr" ' I ::: I Though the information below is ,..1;~iwed by law, it may prove ~e k ~,I,BIYing on the document and could prevent fra~~'J9/1"-I!8moval and reanachment ort.n~.!!i,~-fo~9fher document. Description of Attached Docum~4'- ~ "- \ ,,~e.r A'/<: l.j ,. i:>,~, l ""-( ~-l l.J...S. '-4"[-',""~'~~\'(""~,(""'~''''''''' <:.. . Title or Type of Document: . ~. 1', r ,_ ._., n (''->/ '.~j~ L~':::__/ Document Date: \ 0 \ -z... '3 \ I:) '& -- Number of Pages: Signer(s) Other Than Named Above: N\,^-\.\-'.~\-L Capacity(ies) Claimed by Signer(s) N\e.:, \ e. Signer's Name: Cor j s.. o Individual o Corporate Officer - Title(s): o Partner - L1 limited ::::J General o Attorney in Fact o Trustee o Guardian or Conservator Ill: Other: 0 '^' /'-.Lr Top of thumb here Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: RIGHT THUMBPRINT ')r SIGNER RIGIHTHurmPfw,T OF S!C,N[fl Top of thumb here Signer Is Representing: Signer Is Representing: ~~~~~~~~"'\;.N'VV~~~~~~~~~~~~~~~~~~~~~~"WV~~~~~-.~~_ ~~ 02007 National Notary 1>.ssociaIioI'1. 9350 De Solo Ave.. P.O. Box 2402 oChatsworth,CA 91313-2402.W\Wi.NaliooalNOlary,org Item '5907 Reortier;CaIITolI-Fme 1-800-816-6827 OR: 4~erU}~~1~~~ Page 20 of 40 SIGNATURE PAGE TO AMENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: IlABITAT FOR HUMANITY OF COLLIER COUNTY, INC., a Florida Non-Profit Corporation ~/ Ignature 11)/<..1: f;<<tirn/ 'j 6 Prln"" N_ r.;) <- ~ " \-..1 C\.O~I Signa~ Dated: /t"j/::; ::<,/ ~ CC'(;' .=Je.C\r\,Qf'Q ?~s-h ~~)tR COG:~ Prln""N=, '%, , r)C . t~ ,f-. COUNTYOF D.IIIf" t"'~ .. Ip:; Before, a Notary PUbl;~~d for said coun$~)~~perSOnalIY appeared Samuel J. Durso, MD., the President of Iiik.e:'RFOR HUMANIl)'. .<)J,.,<;~LlER COUNTY, INC., a Florida Non-Profit Corporation, who ackn~~#e!~.of the foregoing instrument as such officer for and on behalf of said limited'li;~~. By: Title: President Seal this E day of (/: i( l~ ( ,2008, USA 8. LEFICOW :-i MY COMMIS8IOH . 00753220 EXPIRES Mora. 04, 2012 s'gnature) (ISO 6. G2{ KovV (printed name) Notary Public My Commission Expires: County of Residence: 3/4- / ::10/ d0- t (d I u?f - 18 . OR: 440~g~~:zm, 1~~~ Page 21 of 40 SCHEDULE I Notice Addresses Naples Reserve, LLC Attn: Anthony Salce 3415 Radio Road, #109 Naples, FL 34104 With a Copy to: Goodlette, Coleman & Johnson Attn: Richard Yovanovich, 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 1100 Indianapolis, IN 46204 With a Copy to: Kite Realty Group Attn: Robert G. SoIloway, 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. SoIloway, Esq. Attn: Eric Strickland ~th Meridian, Suite 1100 30 South Meridian, Suite 1100 /:o~Mrt1n~is, IN 46204 Indianapolis, IN 46204 / 9:~ . \ \ KRG Eagle Creek IV, LLC / / ~ W' a -c~y to: Kite Realty Group c/o Kite Realty Group I Ice U \' . ~ G.\SoIloway, Esq. Attn: Eric Strickland I! ( I \ \ ~ Ci1bridlan, Suite 1100 30 South Meridian, Suite II~. ..J ' \W In..d iattaPQ Ii. 4". FIN. . ' 46204 Indianapolis, IN 46204 ~\ )'1, ) j s / '.-(., ,,:or I -' 0/ TOUSA Homes, Inc. 'f- AB~i~~rs, Inc. 4000 Hollywood Blvd., \;, 0 A~\~~lIartmann Ste. 500-N V r~~ e~Box 593688 Hollywood, FL 33021 '''-~rIiliido, FL 32859 NBC RV, LLC c/o Basik Development, LLC Attn: Keith Basik 720 Goodlette Rd., #305 Naples, FL 34102 NBC Land Holdings, LLC c/o Basik Development, LLC Attn: Keith Basik 720 Goodlette Rd., #305 Naples, FL 34102 Habitat for Humanity of Collier County, Inc. Attn: Samuel J. Durso 1145 Tamiami Trail East Naples, FL 34113 RealtyNet Real Estate, LLC Attn: Cory Maile 1330 Forrest Court Marco Island, FL 34145 - 18 - ~ ..... 1:1 ..... ..: o 0--. < ;;, 0' ..: o o =- Aqenda Item No. 1667 2009 0140 C> ::0:::1 -- -- c::> co ..." ~ r-..> co ~ ~ US 41 / SR 951 Developer Consortium Pal"tidJNltiDl Ml!IIlben I...oc:8tioa Map Exhibit A .t. .. ...- Vanasse ~L~ Daylor , ... ::"'~ ... Dmo1l.'2-07 _""'-DtOI._.3lO1 2.alO 2.CJlXl .- Dro'IIopwCOluortium 4OOIT.-nia'niTrailN,,~ Napie.,FL:;.4I03 _.-..........___ .....--..-..-...--- --- --- OR: 4te~'~~m~~~ Page 23 of 40 Exhibit "B" LeGal Description for NaDles ReselVe LLC Section 1, Township 51 South, Range 26 East, Collier County, Florida LeGal Description for ABC Liauors Inc. PROPERlY 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 NORTH~~~ .. _, NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 51 ~ ,COLLIER COUNTY FLORIDA, THENCE RUN ~~~GREES 23' 53" W" li:>NG THE NORTH LINE OF THE NORTHWEST QUAI~?rE~~Am SECTI9!;l 3, FoR~, DISTANCE OF 324.27 FEET TO A POINT ON 1HE!~Y RI Iff WAYUNE OF COUNTY ROAD 951 (C.R.. 951); THENCE ~~.. j 'm, ALONG SAID EASTERLY RIGHTOFWAYLINE,roRfAIDIStr 'E F, .\2\~$:T~)THEPOINTOF BEGINNING OF THE P~ . . N olsGRr6E1>; THENCE RUN S 54 DEGREES 20'16" E FO~~ISTANCE OF 439'fi!5F~.._!.;/TFI.'YtNCE RUN S35 DEGREES 39'44"W FOR~)~ANCE OF 190.'FES';':...~ENCE RUN N 54 DEGREES 20'16" W FOR A.1DISl:'ANCE OF 151.29-F...ERJHENCE RUN N 02 DEGREES 12'01" E FOR A DISi'ftNQ:.OF 24.ZS~THENCE RUN N 54 DEGREES 33'42" W FOR A DISTAI{cti:9Il1Wjb':FEET; THENCE RUN N 35 DEGREES 4O'36"E FOR A DISTANCEoF--llt22 FEET; THENCE RUN N 54 DEGREES 19'24" W FOR A DISTANCE OF 73.95 FEET TO A POINT ON SAID EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 951; THENCE RUN N 35 DEGREES 40'08" E, ALONG SAID EASTERLY RIGHT OF WAY FOR A DISTANCE OF 148.39 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED HEREIN. OR: 44&~e1~~~~~ 1~~~ Pa~~'5! of 40 Exhibit B Leaal Descrigtion for KRG 951 & 41 LLC A PARCEL OF LA.ND LOCATED IN SECTION 3, TOWNSHIP 51 SOLITH, RANGE 26 EAST, COLUER COUNlY, FLORIDA BEING MORE PARTICULA.RL Y DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF TRACT "O.S.- 3" OF TRAIL RIDGE, ACCORDING TO THE PLA.T THEREOF AS RECORDED IN PLA.T BOOK 44 AT PAGES 71 THROUGH 77 OF THE PUBUC RECORDS OF COLUER COUNlY, FLORIDA; THENCE RUN NORTH 89055'57" WEST, ALONG THE NORTH UNE OF SAID TRACT "0.S.-3", FOR A DISfANCE OF 867.07 FEET TO THE NORTHWEST CORNER OF LA.NDS DESCRIBED IN OFFICIAL RECORD BOOK 3620 AT PAGES 2872 THROUGH 2876 OF THE PUBUC RECORDS OF COLUER COUNlY, FLORIDA: THENCE RUN SOUTH. .', ALONG THE WEST UNE OF . SAID LA.NDS FOR A DISfANJ::j$~l . . ~ .'f:olCE RUN SOUTH 02028'03" WEST, ALONG SAID LA.N9S~ A DISfANCE OF' ~.s'g FEET TO THE NORTHERLYMOSTWE51FRLt~RN~ OF TRACT "C\ O~\SAID TRAIL RIDGE; THENCE RUN SOUTH Of03~'29"'Wii&~ONG\ifHE WFSliERLY UNE OF SAID TRACT "C", FOR A DIsrA~~ l~_~'!NC:E R4N NORTH 90000'00" WEST, ALONG THE NqR..TijE~L Y'UNE10f!)l;Cr l'f."d FOR A DISfANCE OF 100.09 FEET TO A PO~ ~~~ - ~'Y;:J.JNE OF STATE ROAD #951 (RIGHT-oF-WAY\~ES); THENCE R ~~O~n:fOf?30'29" EAST, ALONG SAID EAST RIGHT-OF -~~'UNE, FOR A DI'. NCE/~F\'40.20 FEET; THENCE RUN NORTH 04012'04" ~>ALONG SAID~.'" -OF-WAY UNE, FOR A DISfANCE OF 640.85 FEET;<~W~g__~~ . 42'14" EAST FOR A DISTANCE OF 264.66 FEET; TH~B.UI!'~ . 15042'49" WEST FOR A DISTANCE OF 320.41 FEET; THENCE"RtlN1'roRTH 35039'44" EAST FOR A DISfANCE OF 200.00 FEET TO A POINT 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 UNE, FOR A DISTANCE OF 1,927.32 FEET; THENCE RUN SOUTH 35039'44" WEST FOR A DISfANCE OF 400,00 FEET TO A POINT ON THE NORTHERLY UNE OF TRAIL RIDGE ACCORDING TO THE PLA.T THEREOF AS RECORDED IN PLA.T BOOK 44 AT PAGES 71 THROUGH 77 OF THE PUBUC RECORDS OF COWER COUNlY, FLORIDA; THENCE RUN NORTH 54020'16" WEST, ALONG THE NORTHERLY UNE OF SAID TRAIL RIDGE, FOR A DISTANCE OF 855.70 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LA.ND HEREIN DESCRIBED, CONTAINING 24.575 ACRES, MORE OR LESS OR: 4~r'Mt~~2~~~ Pa~~~'1I of 40 Exhibit B legal DescriDtion for Kite Eaale Creek II LLC A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 51 SOlJTH, RANGE 26 EAST, COWER 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-l AND M-2 OF CRYSTAL LAKE TERRACES AT EAGLE CREEK AS RECORDED IN PLAT BOOK 16, PAGES 30 AND 31 OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE ON THE SOlJTHWESTERLY RIGHT-OF-WAY UNE OF U.S. HIGHWAY NO. 41 AT THE NORTHWESTERLY CORNER OF "CAPRI COMMERCIAL CENTER" --~C\ " AS RECORDED IN PLAT BOOK 3Y~~~ta_;'Y:33 AND THE NORTHWESTERLY CORNERAF..\'m~fflRCIAL CENTER REPLAT' AS RECORDED IN PLAT BO<llK~ PAGE 85 OF ~.puBUC RECORDS OF COWER COUNTY, FLO~DIy~r,BEGINt"I~. FROM SAID POINT RUN SOlJTH 35039'28"fWEST Ato~ WESfERLY'lIN~ OF SAID "CAPRI COMMERCIAL CENTER AN~I?RI;60~RclAL CENTER REPLAT', A DISTANCE OF 272.94 fEet Tb lJIEi S01!a" \ J ' . Iy ~O. ~NER OF SAID "LOT 2 CAPRI COMMERCIAL ~ CE, ~ 54020'32" EAST ALONG THE SOlJTHE~~E OF SAID "LO ~CAr~/@f1MERCIAL CENTER REPLAT', A DISTANCE 0fi1]~'.0.0 FEET TO Tff1!~9~RL Y CORNER OF SAID "LOT 2 CAPRI COMM~~. ,LL C CEENNTER REP~<i..'}!.1ENCE RUN NORTH 35039'28" EAST ALONG THE'MStERLY UNE-Qfi ~Jl' "LOT 2 CAPRI COMMERCIAL CENTER REPLAt;.,(Dl$J~N~}:i3.00 FEET TO AN INTERSECTION WITH THE SOlJTHERly liNE OF LOT 1 OF SAID "CAPRI COMMERCIAL CENTER"; THENCE RUN SOlJTH 54020'32" EAST ALONG SAID SOlJTHERLY UNE, A DISTANCE OF 226.05 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE RUN NORTH 35039'28" EAST ALONG THE EAST UNE OF SAID LOT 1, A DISTANCE OF 165.15 FEET; THENCE RUN NORTH 31038'24" EAST ALONG SAID EAST UNE, A DISTANCE OF 43.40 FEET TO AN INTERSECTION WITH THE WEST UNE OF LOT 5 OF SAID "CAPRI COMMERCIAL CENTER"; THENCE RUN SOUTH 04013'24" WEST ALONG SAID WEST UNE, A DISTANCE OF 300.05 FEET TO AN INTERSECTION WITH THE SOUTH UNE OF SAID "CAPRI COMMERCIAL CENTER"; THENCE RUN SOUTH 87029'51" EAST ALONG SAID 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 OFFICIAL RECORDS BOOK 2630, PAGE 2773 OF THE PUBUC RECORDS OF COLUER COUNTY, FLORIDA; THENCE RUN SOUTH 04010'08" WEST ALONG OR: 4mnpt~~~~u~~~~ Page 26 of 40 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 DISTANCE OF 78.24 FEET; THENCE RUN SOUTH 35039'28" WEST ALONG SAID BOUNDARY LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND SAID WEST LINE OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 2699, PAGE 792, A DISTANCE OF 33.43 FEET; THENCE RUN SOUTH 54020'32" EAST ALONG SAID BOUNDARY LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND THE SOUTHWESTERLY LINE OF SAID PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 2699, PAGE 792, A DI NCE OF 175.20 FEET TO THE POINT OF CURVATURE OF A CURVE gr. l!1?lSOJ;Jt4~~,LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL R " 'BooK 33~.p~~ 260 AND SAID SOUTHWESTERLY LINE~ PROPERTY DESCRrBEt\ IN OFFICIAL RECORDS BOOK 2699, PAGE 792, . AI 1~E-6fING NCAV.e N.. RTHEASTERL Y AND HAVING A RADIUS OF O.qg FEE17'~~C;S'f-NGL6. O~33010'23" AND A CHORD BEARING ANDLDI~ ~~~'~~'> ,28.55 FEET, RESPECTIVELY; THEN't-E ~U EA,Sl\E~L ~ ~I!PNG!~.Jl AID U VE, AN ARC DISTANCE OF 28.95 FEET\ ftlE-MI TA I " F SAID CURVE; THENCE RUN SOUTH ~~'55" EAST ~?,AI Bdl!fjlpARY LINE OF THE PROPERTY AS DESCRIBEJq~ OFFICIAL REC' . ~lsQ~'3344, PAGE 260 AND THE SOUTHERLY LINE OF~. PROPERTY DES . 8f:p IN OFFICIAL RECORDS BOOK 2699, PAGE 792, ANb .. G-IIi~ . 'liNE OF THE PROPERTY DESCRIBED BY THE ORDER 0 . 'f,.. ~ g .' IN OFFICIAL RECORDS BOOK 2605, PAGE 3232 OF SAID PUBac-RECORDS OF COWER 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 OR: 44Q:&nMterrOgn.!J6B7 'liliarc!i 11f:~009 Page 27 of 40 CHORD BEARING AND DISTANCE OF NORTH 65010'10" WEST, 38.40 FEET, RESPECTIVELY; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY UNE RUN WESTERLY ALONG SAID CURVE AND SAID BOUNDARY UNE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260, AN ARC DISTANCE OF 38.64 FEET TO THE POINT OF REVERSE CURVATIJRE 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; THENCE 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 AT EA~,~~~f'l:Ar' AS RECORDED IN PLAT BOOK 28, PAGES 72 THROUGij\t'i~- .BU~'RECORDS OF COLUER COUNTY, FLORIDA; THENCE)~UN NORTH 54020'32i-W5r ALONG SAID BOUNDARY UNE OF THJ=' P~~~AS DESC;;~BED}N'oFFICIAL RECORDS BOOK 3344, PAGE 260 ,AN9'THE-N€lR]J=i~fE~~.L Y-LII\IE qF SAID "CRYSTAL LAKE TERRACES AT EJlGL;eR.ef~~~~" ,~.. r!CE OF 1052.44 FEET; THENCE RUN NORTH ~50~9'l8"\'\, ~ I' N~E';6~.~. 00.00 FEET; THENCE RUN NORTH 80000'15i~:O., . , 6].'l~j,FEE.Ti THENCE RUN NORTH 35039'28" EAST, A DI~E OF 260.11 FE~' THj:N~~~N SOUTH 54020'32" EAST, A DISTANCE OF 3~~FEETi THENCE ~N ~9R..W 35039'28" EAST, A DISTANCE OF 360.81 FEElfTHENCE RUN SOu-rJ1;5~15'18" EAST, A DISTANCE OF 26.69 FEET; THENCE R~OR1l:l35:4i-~,(~ A DISTANCE OF 34.06 FEET TO AN INTERSECTION wrnt,~'!p(~!!:IWESTERL Y RIGHT-OF-WAY UNE OF U.S. HIGHWAY NO. 41; THENCE Rt1N-SOUTH 54020'32" EAST ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY UNE, A DISTANCE OF 374.76 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 646,291 SQUARE FEET OR 14.84 ACRES OF LAND, MORE OR LESS. OR: m8d'Pt~h ~Mi~~ Page 28 of 40 Exhibit B leGal Description for KRG EaGle Creek IV LLC BEING A PART OF THE NORTHWEST Y4 OF SEmON 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, 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 EASTERL YMOsr 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" .. - t!3 ...f-EET TO THE POINT OF BEGINNING; THENCE CONTIM1i~ . ,L - 'RIGHT-OF-WAY LINE SOUTH 54020'32" EAST 193.09 FEeiFENCE LEAVING SAWUNE SOUTH 35039'28" WEST 123.00 FEET; THgNC m~~' wEST 19,3.09 FEET; THENCE NORTH 35039'28" ~!2 .0 TO THE' AoINT F BEGINNING. CONTAINING 0.55 ACRES' \ ,. ~9 SoUARE FEET MORE OR LESS. SUBJECf T~ E ~N . ONS OF RECORD. BEARINGS ARE BASED,. - . - E '~T OF THE SHOPS AT EAGLE CREEK, UN~E, BEING SO~02j' '3z1~. \ ..p. 't,\ .(jl~ 0 \1- - \..,- "'2/,:- '" ;;;:..(.' \. \\." Legal Description for RealtvNetlaeal--~~I.1.C ~~ PIN number 00726724107 Legal 35126 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. OR: 446trpt:~~m~1~~~ Page 29 of 40 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 SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST LYING NORTH OF U.S. 41, COLUER COUNTY, flORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENONG AT A POINT. SpgD-p'~E INTERSECTION OF THE EAST SECTION UNE OF SE~~~I\?$:i SOUTH, RANGE 27 EAST. COWER COUN TY FLORID.{..ANf:5 THE NORTH RIGIJr-'QF-WAY UNE OF U.S. 41,THENCE N.00032'l7'~f ~I6Is:rANCE OF 704.02"ALONG THE EAST UNE OF SAID SECTION 18, TO ;tH~/ \ F~f\1N~G THENCE N.89026'36"W, A DISTANCE OF 303.51 fE. ET. I~.., - Ff!trAY\ OF BASIK ROAD.; THENCE N.00033 '23 "E., DI,reqo ll'iE POINT OF CURVATIJRE OF A CURVE. T~. . INGLA,RA6IUS OF 360.00 FEET, A CENTRAL ANGLE OF 3~~'49", A CHORD B~fUN~ Of~14030'01'W AND A CHORD LENGTH OF 18~~.~fEET; THENCE ,~f\!G>f89ARC OF SAID CURVE:, AN ARC LENGTH OF 189.t-tFEEr TO THE POINTJ)f\XANGENCY OF SAID CURVE:; THENCE N.29033i.z~~C~9f;50.76 FEET TO A POINT ON A CURVE: TO THE RIGHT. HAVINGJIYJ~AQItJ$9t4o.00 FEET. A CENTRAL ANGLE OF 24020'01, A CHORD BEARlNG--QFN.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 CURVATIJRE 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 UNE OF SAID SECTION 18; THENCE S.00032'l7"W, A DISTANCE OF 2550.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 25.7 ACRES, MORE OR LESS. OR: m~~~h~~~~~ Page 30 of 40 LESS THE FOLLOWING: LEGAL DESCRIPTION (A PORTION OF OFFICIAL RECORDS BOOK 2947, PAGE 386) A PARCEL OF LAND LYING IN THE EA5 T 1/2 OF THE EAST 1/2 OF THE EAST 1/2 OF SECTION 78, TOWNSHIP 51 SOUTH, RANGE 27 EAST LYING NORTH OF U.S. 4 1, COWER COUNlY. FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENONG AT A POINT. SAID POINT BEING THE INTERSECTION OF THE EAST SECTION UNE OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST. COWER COUNlY. FLORIDA AND THE NORTH RIGHT-OF-WAY UNE OF U.S. 41; THENCE N. 00'32.17 E., ALONG SAID EAST UNE OF SECTION 18, 704.02 FEET TO THE POINT OF BEGINNING OF TH ~IN DESCRIBED PARCEL; THENCE N. 8976'36" W" 303.51 FEET; ,~tf:,I.<D. ;~~ E., 15.00 FEET; THENCE S. 89'26 '36" E., 303.51 FEET.J:: .~--aN ::jFP;:I~ AFOREMENTIONED SECTION 18, TOWNS~I~ ' RANGE 27 :i' l{iENCE S. 00'32'17" W ALONG SAID EAST SE / O?~-S.oo FE~\O E ~INT OF BEGINNING. CONTAINING4'553~ I \ BEARINGS BASED ON f8.J~Jsf~Ektro~E . ...., N 18, TOWNSHIP 51 TOTAL ACREAGE: 25.6 At'~ORE OR L:i'tJ "\. ~O "'!.:J j. '. . C'- \' "'-~/ OR: 4408'''~J.~~~ 1~~~ Page 31 of 40 Exhibit B .I&smJ Descriptions for NBC Land HQldinas. LL(; LEGAL DESCRIPTION PARCEL "I" BEING A PART OF SECTION 18, TOWNSHIP 51, SOUTH RANGE 27 EAST, COLUER COUNTY, FLORIDA. COMMENCING AT THE NORTHEAST CORNER OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLUER COUNTY FLORIDA. THENCE NORTH 88004'41" WEST ALONG THE NORTH UNE OF SAID SECTION 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 FE' '. ~TH 88008'57" WEST A DISTANCE OF 328.61 FEETv~ . ~4" EAST A DISTANCE OF 969.00 FEET (1)9. E INTERSEcTt ITH SAID NORTH UNE OF SECTIqN ~-Ng:-soUTH 8~04'4 "~ALONG SAID SECTION UNE A PI.strm.' ,_ ~T ')THE POINT OF BEGINNING OF SAID HERE! '~ CONTAINING 7.3 ACR~JQ~ 1 ~. / r- \.-\ I ~ SUBJECT TO EASEME~~fSTRICTIONS A.:'4"OJ R/ ., VATIONS OF RECORD. . .. \:'2 '. l'<<?1y /' -; \1 _"-. /(0/ BEARINGS BASED ON THE N~~I:UJ.NE OF_SE~(J)V18, TOWNSHIP 51 SOUTH, RANGE'2Z~t(c~ER-toUNTY, FLORIDA, AS BEING NORTH 88004'<rfLW~ *Industrial/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, COWER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLUER COUNTY, FLORIDA: THENCE SOUTH 00032'17" WEST, ALONG THE EAST UNE OF SAID SECTION 18, A DISTANCE OF OR' 44(}SJep~lte'J,(lAa 1667 · ~a~~~d,2009 Page 32 of 40 681.42 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 COUNlY, FLORIDA, AS BEING SOUTH 00'32 '17 WEST. *Industrial Parcel ~~~ AND It, ~\ PARCEL 'E' I ~ ) \n i~ A PARCEL OF LAND L YI~N THE EAST 1/2 J TI1E' 1/2 OF THE EAST 1/2 OF SECTION 18, TOWN~' 51. SOUTH. RA~27~, LYING NORTH OF U.S. 41, COWER COUNlY, FL:: ~ AND BEING MOJj(~TICULARLY DESCRIBED AS FOLLOWS: [JP~--/::;3">, "'-!liE CnzS:-? COMMENCING AT A POINT, SAID POINT-BEING THE INTERSECTION OF THE EAST SECTION LINE OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COWER COUNlY, FLORIDA AND THE NORTH RIGHT-OF-WAY LINE OF U.s. 41, THENCE N.00032 '17"E. A DISTANCE OF 704.02 FEET ALONG THE EAST LINE OF SAID SECTION 18, THENCE N.89026'36"W. A DISTANCE OF 303.51 FEET TO THE EAST .RIGHT-OF-WAY OF BASIK ROAD.; THENCE NOo033'23"E. A DISTANCE OF 75.86 FEET TO THE POINT OF CURVATURE OF A CURVE: TO THE LEFT; HAVING A RADIUS OF 360.00 FEET, A CENTRAL ANGLE OF 30006'49", A CHORD BEARING OF N.14030'01"W. AND A CHORD LENGTH OF 187.04 FEET; THENCE ALONG THE ARC OF SAID CURVE. AN ARC LENGTH OF 189.21 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE N.29033'26"W., A DISTANCE OF 50.76 FEET TO A POINT ON A CURVE: TO THE RIGHT, HAVING A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 24070'0", A CHORD BEARING OF N.17023"27"W. AND A CHORD LENGTH OF 16.86 FEET; THENCE ALONG THE ARC OF SAID CURVE. AN ARC LENGTH OF 16.99 FEET TO THE POINT OF Agenda Item No. 1667 March 10, 2009 OR: 4408 PG:a2~itof40 REVERSE CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 111049'11 ", A CHORD BEARING OF N.61007'11'W. AND A CHORD LENGTH OF 82.82 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 97.58 FEET TO THE END OF SAID CURVE; THENCE N.00030'21"E., A DISTANCE OF 7.96 FEET; THENCE N. 00030 21"E., A DISTANCE OF 1600.00 FEET TO THE POINT OF BEGINNING; THENCE N.89029'39"W. A DISTANCE OF 200.00 FEET; THENCE N.00030 21" E. A DISTANCE OF 600.00 FEET; THENCE S. 88015'58"E. A DISTANCE OF 200.00 FEE, THENCE S. 00030'21"W A DISTANCE OF 595.72 FEET TO THE POINT OF BEGINNING. CONTAINING 2.74 ACRES MORE OR LESS *Industrial Parcel /.'~CQr,~ LeGal DescriDtions for H~ urna.tMOf,ColJier County /C~"{\~ Parcell: I I \._=\ '. --0\ _ ~ I if7\]@~~l~'1\ Commencing at the sduth. F,ast cornrr pf I 12> of,nsrip 51 South, Range 26 East, Collier CountY\ FfnIIidA...-I'1l~~i I he. Ii,,~f said Section 12, North 00011'20" East 2~\m~t to the Ea~ V4 cbmeF::Of said Section 12; thence continue along ~East line of Sectio~~2,/rtl!1}.60027'50" East 894.35 feet; thence North 89056'~"'west, 443.00 feet fohi.9jace of Beginning; thence North 89056'55" West, 475':~~hence ~ort6'Q'b934'06" East, 490.97 feet; thence South 89056'55" East, 474(6"ff~ ~~;~uth 00027'50" West, 490.97 feet to the Place of Beginning; beinglillht:-SOuthwest 1f4 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 1f4 of the Northeast V4 of said Section 12 which is marked by a set OR: 44~epG-~~'Z9t1, ~~~~ Page 34 of 40 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 1/4 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 1/4 of the Northeast 1/4 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: Commencing at the Southeast c~~-12, Township 51 south Range 26 East, Collier Count, FIOrid~~tI{e\~:<" line of said Section 12, North 00011'20" East, 27~a ;ree to the East 1/~~ of said Section 12; thence continue along Sfld E sHine-Gf Secti9\"lg North \0027'50" East, 894.35 feet for a Place of Beginnil19; t~ii8g~~r~. ' 443.00 feet; thence North 00034'06" East, 4901,9~m' . ~'55r East, 443.00 feet to the East line of sais Seb~ 112; tl epc'i! ~ i ..51: 'ineiof Section 12 South 00027'50" West 490.9t'f~l:M Me' gi.'; ~g in the Southeast quarter of the NOrthea$(.q\J., arter of Section 1~-)0 ns~$1 South, Range 26 East, Collier County, FlorJaa. -->1. . ~' \'1' . 0~ "\ 0;' \)<.." AND ~~";!/ Rle Number 1302-5-1164 The West '12 of the East 1/2 of the East 1/2 of the Northwest 1/4 of the Northeast 1/4 of Section 12, Township 51, South, Range 26 East excepting the North 30 feet thereof, which is reserved for road purposes, and The East '12 of the East 1/2 of the East '12 of the Northwest 1/4 of the Northeast 1/4 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. OR: 4t9a'''rG;~Jw,ro~~ Page 35 of 40 Exhibit B Leaal DescriDtions for TOUSA Homes Inc REFLECTION LAKES AT NAPLES PHASE 33 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 COWER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF TRACT RD-4, REFLECTION LAKES AT NAPLES UNIT II (PHASE II & III), AS RECORDED IN PLAT BOOK 46 AT PAGES 33 THROUGH 42 OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA, THENCE RUN S.00035'I4''W. ALONG THE BOUNDARY OF SAID TRACT RD-4, FOR A DISTANCS))F1&~1R9~J '~:(HENCE RUN N.89024'46'W. FOR A DISTANCE OF 125.09..f-W~f '" ~E BOUNDARY OF SAID TRACT RD-4; THENCE RUJ4 ~~o35'14"E., ALON~14iEBOUNDARY OF SAID TRACT RD-4, FOR A DISTANCE-BF-631.76 FE~ TOTIi~,gEGINNING OF A TANGENTIAL CIRCULAR cyi<v~~CAVE TO irHE SOuTHEAST; THENCE RUNNORTHEASTERLYI,A~=~.' ~~~D~CTRD-4AND ALONG THE ARC OF sliDI~4RV TP I' I vt~GiA RADIUS OF 25.00 FEET, THROUGH ~".' ~ . 9 . '37.!';SUBTENDED BY A CHORD OF 37.25 FEET~\'A BEARING OF N~~44)33;'iSfoR A DISTANCE OF 42.02 FEET TO A POINT:qvYEVERSE CURV~~~~~~N EASTERL Y, ALONG THE BOUNDARY GRSAID TRACT RD-4 AI'IDAlONG THE ARC OF SAID CURVE TO THE LEFf>I{6.Y1N.G,A.MQIUS::010436.00 FEET, THROUGH A CENTRAL ANGLE OF 12059'11'i>-;,s6Bn:Nl2qIf'J~ikCHORD OF 97.25 FEET AT A BEARING OF S.89035'45"E., FORAi5Is1"'AOCE OF 97.46 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 1.877 ACRES, MORE OR LESS. AND OR: 440~9'P~J~~~%, 1~~~ Page 36 of 40 REFLECTION LAKES AT NAPLES, PHASE 3 MULTI-FAMILY PARCELS TRACT MF-3 AND TRACT MF-4 OF REFLECTION lAKES AT NAPLES - UNIT II (PHASE II & III), ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 46 AT PAGES 33 THROUGH 42 OF THE PUBUC RECORDS OF COWER COUNlY, FLORIDA. AND REFLECTION LAKES AT NAPLES, PHASE 31 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 COWER COUNlY, FL~ING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ~VSR COi2V BEGIN AT THE NORTHW~A'REFLECTION LAKES AT NAPLES UNIT II (PHIGE I{'&-lI~ RECqRDE[>JN 'PLAT BOOK 46 AT PAGES 33 THROUGH 4i 0~fnit-1'\:J~9G,RECOlms OF\ COLUER COUNlY, FLORIDA; THENCE RUf'J~' ~. , ~\!f~U. N~ARY OF SAID TRACT RO-5, FOR A~ NeE F 7L8 '.(H~ BEGINNING OF A TANGENTIAL CIRCU .... Bf1 I . ,q~; THENCE RUN EASTERLY, ALONG TH ~UNDARY OF SAI i ai~ AND ALONG THE ARC OF SAID CURVE To.,~~LEFT' HAVING~~p~~F 255.00 FEET, THROUGH A CENTRAL ANct F 27024'13", SU~NDED BY A CHORD OF 120.80 FEET AT A BEARING-6I~, ~~~.9~."kE.t::M . ~DISTANCE OF 121.96 FEET TO THE END OF SAID CUR~~~'N.75050'52"E., ALONG THE BOUNDARY OF SAID TRACT RD-5;FOR-1\DTsTANCE OF 212.75 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE SOUTH; THENCE RUN EASTERLY, ALONG THE BOUNDARY OF SAID TRACT RD- 5 AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 545.00 FEET, THROUGH A CENTRAL ANGLE OF 09046'37", SUBTENDED BY A CHORD OF 92.89 FEET AT A BEARING OF N.80044'1l"E., FOR A DISTANCE OF 93.00 FEET TO THE END OF SAID CURVE; THENCE RUN S.04022'31"E., ALONG THE BOUNDARY OF SAID TRACT RD-5, FOR A DISTANCE OF 125.00 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE TO THE SOUTH, FROM WHICH THE RADIUS POINT BEARS 5.04022'31 "E., A DISTANCE OF 420.00 FEET THEREFROM; THENCE RUN WESTERLY, ALONG THE BOUNDARY OF SAID TRACT RD-5 AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 420.00 FEET, THROUGH A CENTRAL ANGLE OF 09046'37", SUBTENDED BY A CHORD OF 71.58 FEET AT A BEARING OF S.80044'1l"W., FOR A DISTANCE OF 71.67 FEET TO THE END OR: ~8a~ ~~~~ Page 37 of 40 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 A PORTION OF TRACT RD-3, REFLECTION LAKES AT NAPLES UNIT II (PHASE II & III), AS RECORDE9.1~,'~ AT PAGES 33 THROUGH 42 OF THE PUBUC RECORDS O.F;.Q9\UER-ro~,l]:ORlDA, BEING MORE PARTICULARLY DESCRlB~~roLLOWS: ~ \ //~.~,\ BEGIN AT THE NORTH~~ CORNE~~ =~-~ REFLECTION LAKES AT NAPLES UNIT II (P\'l~~, ~ ? PLAT BOOK 46 AT PAGES 33 THROUGH 12. gF \HE 4BlJIq ~EeoR~~: ~OIlUER COUNIY, FLORIDA; THENCE RU~\~~1S' '. ~G ' l q~,bARY OF SAID TRACT RD-3, FOR A DI5PlNCE OF 157.50 F~; THENq=/RUN S.76044'SS"E., ALONG THE BOUNDAR\\~\SAID TRACT RD-3'('>fQR A@lSrANCE OF 19.00 FEET TO THE BEGINNIN~~F_" TANGENTIAL C.:r~C.uLAR CURVE, CONCAVE TO THE SOUTHWEST; TH~SOUTHEASTERlV, ALONG THE BOUNDARY OF SAID TRACT RD'3:C~A!::<fN<f-lHEARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2S.0CIFEEl';'iAROUGH A CENTRAL ANGLE OF 77020'09", SUBTENDED BY A CHORD OF 31.24 FEET AT A BEARING OF 5.38004'51 "E., FOR A DISTANCE OF 33.74 FEET TO THE END OF SAID CURVE; THENCE RUN S.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.l3001 '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 OR: ~~8aJm, ~~9~~ Page 38 of 40 TANGENTIAL ORCUI.J\R CURVE, CONCAVE TO THE WEST; THENCE RUN NORTHERLY, ALONG THE BOUNDARY OF SAID TRACT RD-3 AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 44010'27", SUBTENDED BY A CHORD OF 52.64 FEET AT A BEARING OF N.21 030'OO"W., FOR A DISTANCE OF 53.97 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.644 ACRE, MORE OR LESS. - OR: 4408 PG: ~a Item No. 16B7 March 10, 2009 ge,,39 of 40 H If rf I [ . l 1 ! i f f . ! 'I ~f H ~J 11 !! HHUll . i PPPHHPfjH J Do. f I I i I f I . I!' i I I I I I I I I . . [ :,111'.0:: Iii' i . . . I; . . . . . l i f f f f I ~ I.. 1~11l ..- I II . l ~ ~ fl: 1 ! III , i I . , t [ . II . I . ! ! ! ! j ! i . [ I I .. . n , . ! ! g!!_'!:~_~~~;5e~~:1: I f I i ! . e~~~ii!E~!~;l:;E5 ,( i , tBB8~8':!i:~8l:~~t , . i 11ll if I . ill Hum i 1'1'. 1 Ii! . i ... .. i ii i ., . - - - - - - - - I f ~ r i . '"" r r ~ ~ , ",;;Cl e ! I ! ! . ! ! , . !; . !; . . . . . . . ..,," , . . - , - - - - - - i I i , . ! ~ ! 0: I 'f ! . ! . ; ; I ! I !; I . !; . . - - - - - - , - - - I. I f ! ~ t--:::.,~ ?~.. ;;; ~ -< I ~ . I ~ . \'u. p ..~ , . . . . . ... \~.o _ __" .'/\.r,~ '-, - - - - - - - - , - . ,. - ''''?\ , Ii I I , - '\ ~ ,n i ." . I .;~ " . ~ '\ U I .! i , . = .. E r , '0:~V\ . , . " tit, . , ., - - , - - - - , - :.. I' f\~1 ; .p U It! i I'-','i\ : Iii \, '\. i --. . ~., I / "". '!l \\.-(\~l r "./1 I . " ..... . ; ,I~ :;.0) .' = ,\,J , ' "., I . , . : -"", \..' - - I- - - - - , ~~..... . <\/ 'f'" - ! ! - " I l- r_ ; ~' \z ~7 i f ,'-.~.:.': ~ 8-< ; ; , , . - , - - - - - , - - j . i i .f ~ i I! I I '.' h! .[ I F ! . , ~ I i r - - - . - . . - - I: .I . ! ! , i <f , ! \' ! I I '.; !; , , , , , I . , - - . . " . - ~, ! o. f II i .~ _.t.1lI If " I , IU I = , I o. ~ , , . i !; - - . . II - " II i if ; ; f I jf I , , . i ~ . i . . - . - . , II - ~' 11 . { . jf ! jJ i . . . . - - . - - - - - . . i I! E 1 I I ~ J , ! ! , i! i ; I; I i . ! ! . . f i . I . I I . I J i I . , I , . I , I J I I I , , i I , ! i I I I . I I I I i I I i j I I f EXHIBIT D *** OR: 4.w&nMterrOiOd16!tt* · /;\~rcll "f &, 2009 Page 40 of 40 DEVELOPER CONTRIBUTION AGREEMENT ROAD IMPACT FEE LEDGER Smnple ImpKt fee ledger I Beginning Balancel- DATE PERMIT # CREDIT AMT BALANCE COMMENTS BeQinnina Balance - ~~"R rn-,. " /"V~ V)..."-.. Cj'-/ "'-. r \ I ;/ 'i..., '\. - \ \ I ~.~ ".--..., " \ \ \ \ I /?'\l /7\\ ~ ~ 77\ \ I I I ( I I II ~ ~ VI I I I In ~~J !, J..J, ! t-< I } ""...' \,'.-<"\ "'Ji!., j ~. />0 f/.- \.-. *Each Develo r shall receive Roa . ee Credits as $ in attached Exhibit "C" pe k-~, ~ .~~ / ~-!.'JJ...E C~