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Agenda 11/10/2009 Item #16B 2 Agenda !tem No. 1682 November 10, 2009 Page 1 of 32 L-'. XFC~ [-;-""'/;1-' ,TTll"'-1\,." R. 'IJ [',.. . E , .- I .., . . Ill' i I" f.'\ I Recommendation that the Board of Cormry t :!1mmissinners approves and authorizes the Chairman to sign a Memorandum of Agreement with Florida Department of Transportation (FDOT) to include and complete the FOOT resurfacing project of SR951 with the County's US-41 and SR/CR-951 intersection (}loject and to execute a Resolution memorializing the Board':,: action. OBJECTIVE: That the Board of County Commissioners (BCC) approves and authorizes the Chairman to sign a Memorandum of Agreement (MOA) with Florida Department of Transportation (FDOT) to include and complete the FDOT resurfacing project of SR951 with the County's US-41 and SR/CR-95I intersection project and to execute a Resolution memorializing the Board's action. ~ONSIDERATION: On April 14, 2009, the County entered into a Developers Contribution Agreement (DCA) with several Developers to complete interim improvements at the US41/SR- CR951 Intersection, The DCA identified prcject included funding from FDOT to include the resurfacing and rehabilitation of 3 A miles of SR951 south of US41 along with a complete PukE reevaluation. FDOT has abTfeed it will enter into a Joint Project Agreement after July 1, 2012, to reimburse the County for the resurfacing costs up to $7,625,576. The improvements will include the conversion of existing span wire to mast arms at mile post 8.491 and 8.615. .-" FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. All eosts associated with this agreement are to be reimbursed by FDOT. GROWTH MANAGEMENT IMPACT: The requested intersection improvements are consistent with Growth Management objectives and produce no negative impact. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action-SRT. RECOMMEND A TION: That the Board of County Commissioners (BCC) approves and authorizes the Chainnan to sign the Memorandum of Agreement with Florida Department of Transportation (FDOT) to include and complete the FDOT resurfacing project of SR951 with the County's US-41 and SR/CR-95I intersection project and to execute a Resolution memorializing the Board's action. Prepared By: Michael Greene, TranspOliation Planning Manager Attachments: 1) MOA; 2) DCA; 3) Resolution --- ~ -e- ~ -~- Agenda Item t'>lo. 1682 November 10, 2009 Page 2 of 32 ,...,AY Y '-PO) ""'AT~l\.T'T'" '-.'-'IJ_'~''''''L.:..i~,;,- "-' '-.J "'",;., A .i::. B(}/;~RI.~ (..)F CC~UNrY C:f.)r!tMtSS!C'NERS Item Number: Item Sumn-ary: 1682 KRGommendatlon tllMt the Hoard of County Commissioners approves and authorizes the Chairman to sign the Memorandum of Agreement with Florida Department of Transportation (FOOT) to include and complete the FDOT resurfacing project of SR951 with the Countys US-41 and SR/CR-951 intersection project and to execute a Resolution memorializing the boards actIOn. Meeting Date: 11 Ii 012009 9:00:00 AM Prepared By Michael Greene Project Manager Date Transportation Services Transportation Engineering & Construction Management 10/26/20095:00:52 PM Approved By ::"~;::ha::! GiC€n~ Project Manager Date Transportation Services Transportation Engineering & Construction Management 'j 0/26/2009 5 :56 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date ,.,...- Transportation Services Transportation Services Admin. 10/27/20099:40 AM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 10f27/2009 10:02 AM Approved By Gloria Herrera ManagementfBudget Analyst Date Transportation Services Stormwater Management 10/27/20092:42 PM Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Administration 10/27/20096:31 PM Approved By Nick Casalanguida MPO Director Date Transportation Services Transportation Planning 10/28/2009 10:35 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 10/29/2009 1: 12 PM Approved By -C.l_./lf"l.\ A ____...1_'1"'__"-\,,_____........\1")0 lo..T__.____1__.. 1f\ ""\{I()f\\1/."' nl\."h.T0r:~T'T"' A 0r'"XT,,-A\1/"n 'T'n A 11/1l/--.r\f\{"\ OrwiG C0ordioator C:'lunty Manager's Office ~ U6"" ~ V.L ......, Aqenda item No. 1682 .~ f\!ovember 10, 2009 Page 3 of 32 c~~~~ C':')'Jrd;nat~)1 DalEo D;fice cf' i~'1a;:3D,~::'>:)n~ & S:.H.;~V~~ .. . 10/2912009 1 :52 PM A pproved By Jsff ~(JatzkG'~\' County Attorney Cc,un:y A~t':Jrn2Y Date County A.ttorney Offi:e 10130/2009 2:28 PM Approved By Susan Usher County fll'ianager's Office Senior f'Aanagementl31'oget Analyst Date OfficE; of Management & Budget 1H2/2009 3:18 PM Approved By Mark IsacKson County Manager's Office Budget Ana..1yst Date OffiCt~ of f\r;ar.t.~gemGnt 8, S:Jdg'2t 11 !2/2009 2: 27 Pf\n .E':.1_.!/r"_\ A ____.J_'T'__.._\T"________..._\ 1 ""to 1\.1_______1-_-. 1(\ ""'\(\,lr'l\1/: r"i\"'-lC'T'l\.T'T' Ar.I'l\.TT'\.A\1/1l 'T'n A 11 fA I""'",,{\ Agenda Item No. 1682 November 10. 2009 Page 4 of 32 MEMORl.\NDUM OF AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION i AND COLLIER COUNTY THIS MEMORANDUM OF AGREEMENT (hereinafter, "Agreement") is made and entered into this _ of ! . 2009, by and between COLLIER COUNTY, FLORIDA, a political subdivision of th, State of Florida (hereinafter, the "COUNTY") and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, (hereinafter, the "DEPARTMENr), to allow the COUNTY to include and complete a DEPARTMENT resurfacing project, and for the parties to enter into an agreement for the reimbursement of resurfacing project costs by the DEPARTMENT. R IE C I TAL S: i 1. Whereas, the DEPARTMENT ihtends to resurface the intersection of US-41 and SR/CR-951 ("Resurfacing Proje~t"); and 2. Whereas, the COUNTY interlds to do improvements to SR/CR-951 ("County Project"), which includes this Intersection; and i 3. Whereas, the COUNTY is wilHng to include the DEPARTMENT's Resurfacing Project into the County's projeqt; and I 4. Whereas, the DEPARTMENlrJ; is willing to allow the COUNTY to do the Resurfacing Project and reimb . rse the COUNTY for the cost; and I 5. Whereas, the DEPARTMENT and the COUNTY are willing to enter into a Joint Project Agreement detailing the reimbursement terms for Resurfacing Project. WIT N E SSE T H: NOW, THEREFORE, in consideration of the above promises and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parti~s 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 to do the ,following: a. Get the County Project 'Production Ready', which shall include a complete PO & E reevaluation, and , i b. Complete design for the ! County Project, which shall include obtaining approval from the DEPARTfV1ENT for the design, and :~~genda :tenl r'~o. 1682 November 10, 2009 Page 5 of 32 MOA: COLLIER COUNTY RESURFACING PROJECT Page 2 of 3 c, Design the Resurfacing Project in accordance with FDOT's PPM, Standard Specs, Design standards, The Resurfacing Project shall also include conversion of the existing span wire to mast arms at mile post 8.491 and mile post 8.615. During the design phase, all guardrail within the project limits shall be field Vt::1 i:lciJ, and the COUNTY shaH replace all guardrail within the project limits deemed necessary by the DEPARTMENT. The COUNTY shall design and construct any thrierail! connection retrofit at the bridges at Henderson Creek (030289 & 030288) as deemed necessary by the DEPARTMENT. d. Enter into a Joint Project Agreement (" JPA") with the DEPARTMENT for reimbursement of Resurfacing Project costs. 3. The DEPARTMENT agrees to do the following: a, Allow the COUNTY to include and complete the Resurfacing Project, and b. Upon the COUNTY notifying the DEPARTMENT that the County Project is Production Ready, enter into a JPA with the COUNTY for reimbursement of Resurfacing Project costs. 4. The Parties agree: a. That terms of the reimbursement for the Resurfacing Project costs shall be addressed in the JPA executed after July 1,2012 by the Department, and b. The maximum participation by the DEPARTMENT shall be for Seven million six hundred twenty-five thousand five hundred seventy-six dollars ($7,625,576.00) programmed in the Adopted work program under FM# 425209-1 as of July 1, 2012 for Resurfacing Project costs reimbursement to the COUNTY, and c. No construction or CEI :reimbursement shall be available before the DEPARTMENT's fiscal year 2013; and d. Reimbursement from the DEPARTMENT is subject to the following statutory requirement: The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent th~ making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. Agenda Item NO.1 GB2 November 10, 2009 Page 6 of 32 MOA: COLLIER COUNTY RESURFACING PROJECT Page 3 of 3 IN WITNESS WHEREOF, COIlLlER COUNTY has caused this Agreement to be executed in its behalf through its i Board of County Commissi~ners through its Chairperson or designee, and the DEPARTMENT has caused this Agreement to be executed in its behalf through its i District Secretary for District One, FLORIDA DEPARTMENT OF TRANSPORTAl110N as indicated below. This Agreement shall become effective on: ! Department to erter date. COLLIER COUNTY ATTEST DWIGHT E. BROCK, CLERK BY: DEPUTY CLERK DATE ,-" APPROVED AS TO FORM AND LEGAL SUF~:C* {? LI COU ATTORNEY ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN DATE ATTEST STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION I BY: PRINT NAME TITLE ! OAT[ BY: PRINT NAME TITLE DATE FLA DEPT. OF TRANS. LEGAL REVIEW: BY: = <::;> = U'"><::;> = U'">'-'""'_ = ....... ....... 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November 10, 2009 Page 7 of 32 DEVELOPER AGREEMENT US 41 DEVELOPERS' CONSORTIUM III THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement") is made and t:ntered into tillS 14th uay 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, .WC LIQUORS, INC., a Florida corpcration, REALTYNET REAL ESTATE, LLC, a Florida limited liability company, and HABITAT FOR HUMA..~ITY OF COLLIER COUNTY, INC., a Florida non- profit corporation (each a "Developer" and, collectively, the "Consortiwn 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. RECIT ALS: WHEREAS, the Consortiwn Deyeloperseacp~'o~'l1 or control portions of the development projects (each a "Development" and;:~pJl~~ilve):i:~th~{.?])~e\te1opments"), identified graphically in Exhibit "A" and by legal descriptions..ill:'Exhibit "B" and~to63ted in unincorporated Collier County, Florida' and ./ "-//<. '\ , ,- .' ~-"-~"' '-\ -, .. ...."" __ '-;..0 .,r....-, \, .. "I..'~.. . '. '" WHEREAS, LDC Se9tioni.~.Q~.o.:z..~~4~;Pro:ci~~~\,Up~:m approval by the Board of , '..'/.-....,,- './ ..' '\ ....".' \... r'" \ ". ( 1./ \ ~ County Commissioners, any ~pplifa.t}t sliiall(er\te~ ~tgl ~ '~nl9rce!ab19 development agreement with Collier County pursuant to i,tp.e \\pr~vi~ions ,b~/F; .s.;:- SS 1~3 .?24Q::.:; ~ 63 .3242 or other agreement acceptable to the Board of\ Coun~C~l~Iissiunef?, itf~Bnj\m9iion with the approval of a development order and/or a c6rt~~ate of public facil~.iY.o:adequa2:~-/The effect of the development agreement shall be to bind the\~~es pursuant to the~~Jp).s;an9 conditions of the development agreement and the certificate of publl;c> facility adequac>>jnL order to insure that adequate public facilities are available to serve the pr(fposea:'de~elopIpent;~c~.ncurrent with when the impacts of the development occur on the public facilities;~~~~:~~..___\,"\~'\"" . WHEREAS, the Consortiwn 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 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 P<l = - IE--- t:_~ ....... ~ ~ ~ WHEREAS, it is the intent of this Agreement to grant to each Developer vested concurrency S ~ ;,; : rights with respect to the Development owned or controlled by it, in exchange for certain nJ .......:J :z: D-4 "'" (J ...... DQ commitments set forth below by the Consortiwn 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 - oc::f1 :--..J ~ C""'-.I ~ P-o ~ ~ c:::J"t ~ 0.::.. c:::> Agenda Item f'Jo. 1682 November 10. 2009 Page 8 of 32 WHEREAS, the Transportation Administratqr of the COlmty has recommended to the Board of County Commissioners that the Road Project is ill 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 com?rehensive plan, t.he Lo~~/"~~~ .r.:rr~~~tion Pl~ and complies with the reqUIrements of the CollIer S~~~9~J1~0l1dak~'?\p~,Fee Ordmance. /.-~ \ / ,/ ."" "! t- '" /' C::/'" WITNESSETH ',<-' \ / /F {.\ "'\ \ I / 'Lt-~ ....--'--J\ \ \ NOW, THEREFORE, in c~~~ati~'Il~~~~ ~o.o'o) and other good and valuable consideration exchanged amorigst 1~e;p8tVf'~(a:nd\~'o~i~rk#~ of t~e covenants contained herein, th. fi 11 I [I! I i J I' ."..-"" j ( I I e partIes agree as 0 ows: i _" . 1\ \. /1\ \ I / J (L, \J I I"-.! \' "'~ ,--v ./ ~.:.-b':L....S " I "\ --""..."", /'"',....'/ \~\ ~. I f~j 1. All of the abov<\ 'REClT ALS are trot- and ,cQITect and are hereby expressly incorporated herein by referenc~,J@if$et forth fully be~ / ,/0/ '\ 1-- ""~,- "'''''7' // ~) ,/1 . 2. The County agrees"'th~~\Y~~~~~~J>f~ev~uation, design, permit, acquire nght-of-way and construct the at grade ImP!:Of~JIl~t'l.~\l;..~--1ntersectlOn ofUS41 and SR-CR951 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 (lTMS) signalization of the following traffic signals with the Project. a. SR9511US-41 b. SR951/Walmart c. SR951IManatee Road - 2 - L.CjI ~ L.CjI c---J ~ P-o c::;t1 c::;t1 ~ ~ 0::: c::> A.genda Item i"Jo.16B2 November 1 0, 2009 Page 9 of 32 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 occupan(.y 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 Developmentsvvith 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 of request by the County, KRG 951 & 41 LLC shall convey to the County q right-of-"!~~y 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 yost 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. . . -- -~- -~ ---...., ....-,..-..... -,-"-' r-"( .,,~._.., ,""~',. ...."'.-." 7. Not later than five ~~fut~$;;,g.~~s:::f!?~k}Vih~" the Effective Date, the Consortium Developers shall pay to the County jifc~lTt1le sum of $:r;Qoo;oOO. The County will use these funds ,...... ,. "'- {;.-'" to proceed with a PD&E update, design, and right of way acqtiisitiQn for the Project. . , " ,- .....-----~~~~.-... 8. As set forth in ,Exhjbit (1J~~o'{th.~)tMil;~t~~e Sch~pul~;'), the Consortium Developers shall pay County an additional $5'25)-'-;o:58':7:5~hAntiClpate(IRDa\i Impact Fees towards the Project. Impact Fees must be paid [in ~cc~rd~ce ~ithl t&~,,-t~pi~f ~?~ty Consolidated Impact Fee Ordinance, however, each DevelC;lPeJ~::~fialCJ2ti"reqUir~d tQ~fu1ly lffgyj to the County its Anticipated Road Impact Fee Amount (or \tlie~ '~pplicable portion iliereot) noi1~et than the dates set forth in the ~ \' '!~_._ I .';"',' I Milestone Schedule. If Road f$m1e.t Fees are increaseij~1hen,the)ainount to be paid shall be based '.... ,t.. '-', ; " _ 1 .r........... ,i on the then current road impact '(ep.rate. Each Developer~s:a<;;tlUil payment for Road Impact Fees shall be credited against the Anticipate~~G.a,d Impact F:~e:Am~unt. If Road Impact Fees are reduced or eliminated entirely, no credit will beiITanrea,ftgaUiSithe'~Ariticipated Road Impact Fee Amount for such reduction. Nothing contained herein-i;;"in-.ihe~Mi1estone 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 $5253,058.75 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 - ~ ("""'o.J ~ ("""'o.J ~ p..., oc:::2'" oc:::2'" oc:::2'" o:d1 .::r:: ~ ,.,-. Agenda Item No. 1682 November 10,2009 Page 10 of 32 fifth business day following the effective date of t!ri~..f,.~eement, the County shall terminate this Agreement, in which event, the $3,000,000 cash pa)'4ftent 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, (1) 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 E~bit "E"; and (2) each Developer,<~h~tNtO f~eii~~ertificates of Adequate Public Facilit.ies ("CertIficates") from the County /wlijc~~ ~ed.1at~1Y//Wl~', fully vest each of the respectIve Consortium Developers with the.1igh\.~;t6~ roadway cap~tYila connection with their respective Developments as set forth in thy/~efu!!~_~.9hedule; and (3j.\ea~\ Developer's Development shall be entitled to obtain certificate/s of/6ccUPatl~y ;-siwdevel\opmert, plan approvals, plat approvals and building permits for its Developm,.~nt_.Jpr A~q!o~ei~of as;\applicable) subject to the normal permitting and review procdss. {(Isf;U'a.h{el olth~~) Cetifl9iitds, However, will not relieve the respective Developers fro~ t~T.i{ \~esi?:.9~re~~~I~g3titxrto ~y( ro~~.rpact fees for .their respective Developments. The credIt !o~R.aaa:::1m'pact"'Fees-~tientmeCf b'~re~n shall run WIth each of the \ 1m" .~. \ I . .'""-l" I respective Developments and shaltbe reduced by the e~ire aplo}lril:qf each Road Impact Fee due for each Building Permit issued thet~ ~tiI the respectiv~in>~yeJoPii1dnt project is either completed or the credits are exhausted or otherWis~'hQ longer available;..,~ay6 been assigned by operation of or pursuant to an assignment agreemen'h~~e~~e1.o{~a<:>u1g reduction in the Road Impact Fees shall be calculated based on the amourit'()f.:Qi<i'RQ~<lW~pact Fees in effect at the time the Building Permit is issued. The credits set forth hereinsnalroeapplied 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 Developerts 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 :A~~144 :t<FG~~o.2:5:~1 t~ovember 10. LOD9 Page 11 of 32 its obligations under this Agreement cause the other Consortium Developers to be in default of this Agreement. Lee.al Matters 13. Tills A greement shall not be constructed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 14. The bllrd/;"nc;: of t.rus Agreement shall he binding upon, and the benefits or 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 of US41 with SR-CR951 as shown on Exhibit "C", whether owned by that Consortium Developer or owned by another developer. 15. Developer acknowledgestl,J.at;!l1e.-f)rilyre_Qf this Agreement to address any permit, condition, term or restriction shall I)ot, r~!i~Ybiib.~[~th~~:apP1icant or owner or its successors or assigns, of the necessity of comp.l,yil@.,.)vithany law, omtr.~~..rule or regulation governing said permitting requirements, conditi9ris,l.te~s o~:estrictions.......<\. '.. ./ if '''; ."/>. ..:,""~ .....-------'..--.."J,-,,-.\ '\. \ 16. In the event stare or federalT~\Ys-.ar.e enacted after th~ execution of this Agreement, w?ich are applicable ~o and pteclp,.cte~{WK<;rl~~!"~~~tp6:,y~es'\,compliance wi~ the terms of this Agreement, then ill such evei)f this f.\gr~etpel1' ~~ali D~i II1odL'fjed, or revoked as IS necessary to comply with such laws, in a mkn~ \whLclfbeshetl~cli.~e in~Ej1fy-:sJ Agreement. \", r~' _ \_,_ ':~'_"" \ ,'/ ~~~~ / 17. Except as othe~s\provided herein, ~$s Agr~enient shall only be amended by mutual written consent of the partIeS- hereto or by their sUC:o~ssQ~/ln interest. All notices and other communications required or pe~irt~t:l)~e~-e~der shalLbe,"i~>;~'ting and shall be sent by Certified Mail, return receipt requested, or by:,alI)at\()IiWIY{:re~qgmzed overnight delivery service, and addressed to the parties at the addresses.~set~for-tit-in.~:Sclledule 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 - A~Qc;ja Item N~ 1~' 2 OR: 4me~~r 1Y1B . :i9 'page f.2 32 20. This Agreement constitutes theeptire a~reement 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 suoh 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. Attest: , DWIGHT E. BROCK, CI~rk ,..'" . C J~\"".. " ..~,...",.:, ~"""" .'.~. ::....', "~ 1, ~ ';~1. ", 23. This Agreement may be executed in separate counterparts, each of which when so ~xecuted shall be an original, but all.~S.:v.. ..hiJ.= 'ctr7qgeth~~. shall constitute but one and the same Instrument .../ \. "~I \.J{ ,.l) r l>o,'''o"" . .r'" " . .t>-- __"_ ,_/.''f:. '" " '\ , .o,' ,..-' ~,,_ o"o" //" ". /" _.,~ ';y/ "".~..-~' ............... 't' . .... _ -...... i.\....)/ ""o, t' IN WITNESS WHEREOp( ih)f1larties hereto have c~ll.j'~ed\~is Agreement to be executed by their appropriate officials, as ofJhe dat~!ifsra"lxuL~~~en. \ \ " l J.ir"--':-~"IY. t.J \ \. \ If,,:; _", \ \"\ ,,' l/~' \ ri !/r?'\1 {/'7t'\ C1'''D ')\ \ 17\ \ ,Ill '11)~'~./~lYi I \r; \\~;?\~/Bj) .': ~O~TY COMMISSIONERS \ r"" \ COL ~ ER (ro~~r, FLORIDA \ ~'\ .1/.k ! .....) ; \'... ""'''fS'' i',' \"").J\ "'\/" i ,,I \ { ....1::..;.-'" l_-y '" .', '~"'''''' By: REMAINING SIGNATURE PAGES TO FOLLOW - 6 - OR: f~fM4a ~cG1 ~'J25iagc2 h!ovelT1ber 10, 2009 Page 13 of 32 SIGNATURE PAGE TO AMENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM III KITE EAGLE CREEK II, LLC, an Indiana limited r it" company ~7J1,~ By Signature I:t., ~ "T1/,Name: 0d M. ~aetl~ h ~'nted Name~ tlbTitle: '5 of Kite Realty Group Trust, the e General __ ~_____~_ Partner of Kite Realty Group, LP., the ignatute Managing Member of KITE EAGLE CREEK kD b~rt G. ~~ {[~4 .;._::.~4LL~.. -Pri~ted Name d:, ~" .--:.~_. Date-d:--' -',;{- 7 - 2..00 ~ 'h j ',..' WITNESSES: , //t ?.-;}Ju..~ ( . WCh~l..;(' ~\ . ,-;) II tn ~l'c~ (CC ',............ ."' ',',.. ,", ", },_.,-, " -'" ,/ ...---",""--~---" / ~.._,..~... '\ ':. \. : ) (/7~-:;:~J (------....,\ ~r~)-)\ ~.~ \:. ./~~..,- \ , ) s's. " i "c-., i ; ,...., \ \ . \.. /') \" ./ 1 tt~ '-J j !;.,_. i \ f \ ".' './ f" J/ _~ ,l,_ _ _ . . \. :1;' \ ",",,--...-,,""- ......---....' ~~-~~...~' ->"_:",, i" ,. - \ , ! , ... ",' :-.,~,\ :', .. ,j .. / ~"""" / -r1.. . Before, a Notary P.tib't~~~~in and. ~o: lsaicf~R~n....~~Gl~tI State, personally appeared J l\O~ f... Jtl!~ , th~ X~ 1- CJYQ '-/ of Kite Realty Group Trust, the General Partner of Kite:~~a1ty',Grp.1lJ1__LP;:':Jhe,'M~maging Member of KITE EAGLE CREEK II, LLC, an Indiana limited'liab\l{tYE~o@Rafty;:~ho acknowledged the execution of the foregoing instrument as such officer for and-onoen-aTf- of said limited liability company. Witness my hand and Notarial Seal this -f". of 4(t ( , 2009. STATE OF -r;rJ ~ . COUNTY OF ~ ,~...;:;....-.::~-:_,~ -."-.'''''.. ,,-. FeliCIA JACKSON Notary Public. State of Indiana Marlon County Commiuiol'\ . 690515 loIty Cgrf1tnis5lon El<pires June 17. 2016 .0 fdl~ (si ature) o.U~S-dY' (printed name) Notary Public My Commission Expires: ~ n.J.D lit; County of Residence: MatUM , -- 7 -- OR: A~~t-4 IRGi:Nc25a~ November 10, 2009 Page 14 of 32 SIGNATURE pAGE TO AMENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTiVM III By: <:::.2--. Y-famev1lk}'~;' t i/idlW-d~ . Title: '~. 51((,< l ,I ( [.0 of Kite Realty Group Trust, the General Partner of Kite Realty Group, L.P., the Managing Member of KRG EAGLE CREEK ,~o II fJ~, ~~~~~{ 1- !) {)cfi ..d//,',:.< ~~...'),,'.~..;/'~'.~' . .....,.. ~':..~,.; ~ f '~ \ . . 'J . . "\ ,~~~-......' \\ ,// <V,""./r./ _~___ '\ \ \ \ \ 1\ } / //,.-:-~:\/'~=-~\ ~\ \ STATE OF _:0V _ ! ) I( r;J( (\\ T'I..) )\, \)!\ \ I j $5:!\ t ' ,J i (.r- \1 i J I IL'./l v-./\ I.", \, /;:1\ \ ) " I at < i f I COUNTY OF N\.{)J l.() J l \ '\) \ '>.',-.::::::>'-":::::'/ ~ d','" l ....! - \,.J..<.\ ,~ 'I lo..,i ,\.\. . \ U /"'"-.., / \ ,.,-:'j \ ;\ikl / ...~,:; ~-"'F~ef~re, a Notary P~~1~.C\~ said~o.yri~r'~'9a State, personally appeared ~ ~ ~ ' tfif. -:f- g:o.~.> of Kite Realty Group Trust, the General Partner of Kite,'~artf:~Q],!p-,..L..~'{ry~;"Managing Member of KRG EAGLE CREEK IV, LLC, an Indiana limited haQgilyj;~p:ip~'y";,'Who acknowledged the execution of the foregoing instrument as such officer for anaorroeillilf of said limited liability company. Witness my hand and Notarial Seal this ~ day of j,v I ,2009. WITNESSES: ~#~ SIgnature J J M _ F'oe./(L t.. Printed Name FELICIA JACKSON NOla,,. Public, Stata of Indiana M~rlon County Cc ,'''''\lS $10" /I 690615 My l.;omr~'''lon Eapir81 J\J~e 17, 2016 My Commission Expires: ~ nj~t0 KRG EA E CREEK IV, LLC, an Indiana . biltty company ignature) ~6Yl (printed name) Notary Public County of Residence: ~ - 8 - OR :A~~~;~~'~?2 ~~~ r"a!,je I:J UI ~)L SIGNATURE FAGE TO AMENDED iJEVELOPE;R CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM III 94/Jt~ Signature ~ V. l. t'1. ;roe /r c.A R d Name KRG 951 & 41, LLC, an Indiana limited ....-., i1ab~any By: ~~ r . \7Name:#/~.s:' ~ .11Lch~'..u:<'A-- ~~itle: ~+!~1ikj ~ ClZ(; of Kite Realty Group Trust, the General Partner of Kite Realty Group, L.P., the J\1.an~ging Member of KRG 951 & 41, tI_,. ~ <;~:~.~L:E(~5D~'; (f. j00(t6/-"""~'\;/':.i/'.' , ..1. ~ OJ " , .. d ..., ~'" b .. ....' / Date . ".'.. . ..'" \".,."....,,/',.. .. ... "", ,<e' '_ WITNESSES: --~-'~._""-,~""-(, STATEOF 1N '11 " /0 \ f 2:SS....'~':;::':/ COUNTY OF !\(UUf\ \,'~..:,\. .. . . . . ~0-::--"" ~r'~ ~', 1'>..\: '; \\~ \ Or'" \ 1 ~:. ~_ ,-" t ~ ~, ) ,.,_L.._tj._:.., f =__ '_'W c:~~ , '<:' ~' ~.r- - " ~ ",,;-,r~ ~;. ,~,~ I ." /,. '. ',- ") .: ./, ,/ ......f1.cVll ,.~efore, a Notary PUblj~,.-rk.'.'.'..\ ",~nd. . .for said.. C?~R~y~>ind Stat~, personally appeared ~ t:.. J'l~ , the ~ -r:-.~f?'",/ KIte Realty Group Trust, the General Partner of Kite Realty GrouP~}lJfS, ~l1f'Nf~pag1ng Member of KRG 951 & 41, LLC, an Indiana limited liability company, ~1ioacKiiowledged the execution of the foregoing instrument as such officer for and on behalf of said limited liability company. Witness my hand and Notarial Se~l this day of f4(vl "....._, FELICIA JACKSON Notary Pubiic, Stat. at Indiana Merlon County Ce"""\'Ilss,on II 690616 My C :)rnrl'iss.ol'l Ekplt&ll Nne 17, 2016 ,2009. ~icitJ;;~6r1 (printed name) Notary Public My Commission Expires: ~ il. ;u>lfo County of Residence: );to ( ~OfI - 9 - OR~g~~;Jk~~~o'~~2 NJv1,n,otJr'1'O. ~~ Page 16 of 32 SIGNATURE PAGE TO A.'\1ENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: ABC LIQUORS, INC., a Florida corporation B~~:'- ~~ Si ture ......51!4;,. L. 40 r"/OrJ Printed Name Name: C4-lA12\.W' r. ""BA','"",.. -n:c ~i-~ Signature Title: r-:pre 5 i.:J (;" 1-/) - L eo ~~~ Dated: ---... /,,<',';l'l '~[" :~"'" .,/" \ i."t "'". \.... ".J (, /'~; """" // \ J\>,':;.,..------::'.-V .,>, M'~H""F.L L N",,\sc..~/,0 .::/ ,"",/"p >'" Printed Name / "-,/// .'.:::- \ I ./" '" ~ / / c---'--"', '\ '\ /. ". ------!-. \ \ l l':l._',,,~ ......". \ \ "', i / ,\_r'\ \ \. I I~(()) l1)\ V'l 1 \ (1) \ ,~~;/ \...s/ J-1 d~ / "'.,~ j \ ..rss' ''3! 'I I~' " \\J \. tJ/, 1 '~"'l/l \f(\ \ .J[k ./ I ....~'. \l'?,:; ~\ --:~.(?:r'" / / (1 / \ I ''\. \. ''<.. I 1..- """.'. ' \,,4.~ ."... ,,/ l./ ,/ Before, a Notary Pubh~, ~~~~0or s_~~~-_J,:O;.~5y)land State, personally appeared CUAItUtJ E"8~,I~s. ~ , the ":fJt:(s..,/~if:;t.....,'~.li?~/ of ABC LIQUORS, INC., a Florida corporation, who ack.now]edgea~exe.~U116n."ofthe foregoing instrument as such officer for and on behalf of said limited liability company. STATE OF RoaloA COUNTY OF blUM~~ ~a\. tdrr NIle StIMI of Florida · Ph)III F~ Mr ConIlIiWu.1 D0559845 \;0;-..,) ~llMl212O'o Witness my hand and Notarial Seal this f.. day of ~;I ,.= ~ ~~ (signature) ti:1/h H:7r,;J;;.L rinted name) Notary Public ,2009. My Commission Expires: County of Residence: 0(7 jr:;f. / '2: I> 10 I I 05[(;0(,4, AOL'O-.+ - 10- OR: 44(~7-~~~5i3d, 1~~~ Page 17 of 32 SIGNATURE PAGE TO AMENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM ill WITNESSES: REALTYNET REAL ESTATE, LLC, a Florida limited liability company Si e ~iVV) J:c".-L~")~ Printed Name '-. Name: f\~. ~ <,~\-au1 Signature ~~ Printed N~ Title: 0vJ f\~ Dated: t.j / rr/ ~ ~ ~'. .--,/: -,,<\-_.~ \>-'//~'- ",.,.-" ..' .' !.,- -;~ ,-,....---.'''"-... ....._-'-----."...~_. '->-'-, COUNTY OF ~.~~ , //"(:::<I //'~i~~:"'\ ~r"-'T)"\ ~!7\ I I : ; ~ ,r-_~:.,___/ c :__ " p\. ~ , _n.. ,; i \~).'SS'<::~~) ,. J~:~, c::\~s! :-- '.)<' . STATE OF Before, a NotaI)' Publr~'-~'>~d for said c9~iltY'''>and State, personally appeared >'", '-oJ' i.... -'........ .. -"~. ,,' "'. '" " , the ", I,'>>,_,____,--/\ \\/' of REALTYNET REAL ESTATE, LLC, a Florida limited liaoi:lity_~H:impab~<'wh6 acknowledged the execution of the foregoing instrument as such officer for and 'onbeliiif of said limited liability company. Witness my hand and Notarial Seal this _ day of ,2009. (signature) ~ ~;~ /t~ (printed name) Notary Public My Commission Expires: County of Residence: - 11 - ~ ('V') Lr) C'..J ~ CL.o ~ oo:::f1 ooo::t4 ooo::t4_ 0::. C> Agenda Item No. 1682 November 10, 2009 Page 18 of 32 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~..c<:'~~...e<'~..G(-..w,c('~,c('...e<'...e<',c('.G<'...e<'.,C('~~...e<'~.('i('.c<:'~~.('i('.c<:'.c<:'..c<'..e<'..c<'..c<'..c<'..(X'..c<'..c<'..c<'.c<'.c<:',c('.,(X } State of California County of ~,fp. ~k./Y.J- onUp~Jr-"ho!l ~ore me, fr; ttvy L- (?t~.h.f ..~;.'I (lJ, ! c personally appeared l-oV,/ 'S (V1 v.. i Ie.... Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name(~) islaFe subscribed to the within instrument and acknowledged to me that he/s.hoftt:!QY executed the same in hislherAAcif authorized MARY l. ORTEGA capacity(ies}, and that by hi~ir signature~ on the I'~' Commission # 1708730 instrument the person(~ or the entity upon behalf of ;( : -. --*' ~I Notary Public - California ~/'-'_~9IcpltlJ~-p~rson~ acted, executed the instrument. ~ ~~ Santa Barbara County -../', "\.\.-:' t,::_I.._.l) t ) :'" t :..~..~ ~ ~"~~'~e:c:e:l:.:0;~~~~:>';:::-~ertifY'u'ntiet~~LTY OF PERJUR~ under the laws / ''''''>/ of the State of G,~'nfot~la that the foregoing paragraph IS / ./ , --.true and correct. \ \ I <,. ---._ r-\ \, ( / ,.""'.....'"'.o::~ \) \ \ I! ~. ,.r-..... l \ / / ~ ....-, IT~&SS, .' ~nd Qfficia~ se I {( (~\J (n ) I 1P' \ vI: \ \ i 1\ \ II \ t. $ignah.tf" I Place Notary Seal Above \ (""-". \" \.....::> " V j J. 1", \ " ". \.- ""----~ -, \ I.-I. OPTIONAL ' t( i .I, J Though the information below is n6t.1i9~i(ed by law, it may prove ,~ Ido p'r$7:!n~/relying on the document and could prevent traudule)'if1'em. pval and reattachment 0 fejr.rTJ.'tcJ..af\dther document. \<f-'" " ~., ,/ \...: / Description of Attached ocumet\t...,..o '.'>-.,., _/--;/~"",..//, Title or Type of Document: -e. I () 'r.:...,er-L-'~ .'ts; . -~~W ,.~ "" Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: o Individual ;:] Corporate Officer - Title(s): o Partner - :J Limited [J General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer's Name: o Individual o Corporate Officer. Title(s): o Partner - LJ L' ited 0 General o Attorney in F ct o Trustee o Guardia Cather: RIGHTTHur.1SPRINT OF SIGNER Top at thumb here ~ -- - 02007 National Nolary Assoaatlon. 9350 De Sola Ave.. Po. Box 2402 . Chatsworth. 91313-2402. www.NabonaINotary.org Item ~5007 Reorder: Call Toll.Free 1.aoo.S71X;827 -ltv\- LC) m LC) C""....:! ~ c:::::L. oo::::;tt c::J1 c::J1 oo::::J'1 0:::; C> J~genda :tenl r"~o. 16B r\!ovember 10. 200 Page 19 of 3 SIGNATURE PAGE TO AMENDED DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM III WITNESSES: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., a IJo/ida Non-Profit ~;~ Name: Samuel J. Durso, MD. ;%/~~~ Ignature !UJCk KOtlhJ,-oYdS Printed Name Title: President ~o ~ ~~(:v..l 0 /:l Signature '" _~ate_~~$<1 "''''-~'-'-~,,-;-1:; fr.-.... ---. l.....- I,. ~ ~ 6e. D Ii m' I A ,J A t.< ~ ..:') . , Printed Name' ,. 'h- .__. o(,...-........':,"~". '-->._------.....~ ;-:, , ...', ':, , f i "'-- -., :, , } i i"--;:::".r, ,'_..:::~"', ~,,~? ::-";:>\ STATE OF L i),! /. /' '\! /' l' \\ I "....; \ ".. \ /, \ : :i . \ "( , j ) i~L-.) ~, \/j i },S,S. " ../' \. ) i / ,L~, .,!, COUNTY OF Co I \ l'e r\')..;;. \"'~'::::/ '<:::./ -'::~';'\c '~'~-:::,; \, .:....,:\ JL;;, ! /:::;'/ Before, a Notary Publil:(in,,'and for said County\~and state/personally appeared Samuel J. Durso, MD., the Pr~sident of ~l:t~t,FOR HUMANI~.~~ er>LLIER C~U~, INC., a Florida Non-Profit CorporatiOn, who ackhQwledged.J:he...executlon.of the foregomg mstrument as such officer for and on behalf of said limitciHla~~!~t~~o~___ky:/ Witness my hand and Notarial Seal this ~ day of ~~,,,"U"',,, .' //;0''") ~~ ~....,\, po. LOA 11'",,\ ././ ./ ~o~V.o 001:.... 0.-"1,)- ",,- . . :::-':s: ..ot-\ "11)1. "^ ~ ~~. .-~... ::: : .. ,~. ~ - . Afy Comm /:w. · ""': =. '~it . - :: : Aullu't 29, 201;' : 0 ! -=- . No. OD 51lO33s · :: ~(n..... ..G I -;.-...... · ,0,_ c.... ~ '-' .., >.... '"'Gl \ .0....., ~ '" ~-~- ...... ~....,~, '"'''' OF FLO~,...,'" 1IIIIIlllnl\" , 2009. !l/ Q ?:~a ;;.,: c ~" /7/l;/u (printed nan1e) Notary Public My Commission Expires: County of Residence: CI/" o 8 <2 9 ?cJ (0 - 12 - \.0 m Lt""l ("....:J ~ c::::L.. ~ ~ ~ ~ ~ - Agenda Item No 1682 November 10,2009 Page 20 of 32 SCHEDULE I Notice Addresses Kite Eagle Creek II, LLC clo Kite Realty Group Attn: Eric Strickland 30 South Meridian, Suite 1100 Indianapolis, IN 46204 With a Copy to: Kite Realty Group Attn: Robert G. Solloway, Esq. 30 South Meridian, Suite 1100 Indianapolis, IN 46204 KRG 951 & 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 .//;--~\.ejWJtQ.(~."pr'.t~: Kite Realty Group c/o Kite Realty Group ,/<,\;,;:.,.~.-'"----~tbji"~h~rt G. Solloway, Esq. Attn: Eric Strickland/ C):;:>' 30 S6litH'-M~ridian, Suite 1100 30 South Meridian, Suite 11091 ,/ C;--~,---- If1.4ianap~lis>\N 46204 Indianapolis IN 46204 / / ,,!oJ;..-""~ ,-_, ~,,\ \' , i / L/" ') \ \ \ I !(~(~",)c;r1J 'f\ \1\ \ ABC Liquors, Inc. : \\ \ '\ ~l i (r---- \\ ; j, ) Attn: Tom Hartmann \ ,....... '\~.._~.~ J./ l.j:l ) I 1:-., i I', I ..'......,.". IP" ""- r-"; ,_. ,~. I ',_ -", . .'" .~_____ ___.,_ ...-:I__'! ;.'-.. ' P.O. Box 593688 \....... \ '''1; i J '"-", O I d FL 32859 \';"0\ 'tt I I!~:) / ran 0, \&\~ ~i,r,~~,//~^(~?,/ Habitat for Humanity of Collier &c;>@.J};)J,p.c. /~:'}.~/ Attn: Samuel J. Durso '''<.' ..t.'r:~-:-. (;:;:.:r;l"\...~~>/ -....,," ~l [-.f II .1 .~~ ,'- ~,"".,,,,, 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 ~ ('"'..J c....? ~ -=J"" ~ c:::f"< c:::f"< p::; c::> r-~") , No 10DL Agenoa Item 10' 2009 November r l' f 32 Page 2 0 ~~ ~~ i ~~ ~S (I).... ~ ~I <: (,) >>f ~ ~; 8i -I::: ~~ ~a ~ ~ E: -..J ...., '. C!S;;;: ~ "'cr.>l:!::o e 4i:: -S: e8~~v-: ~~ "-':::>...; ~ _Vl_~ 0.. D D - "" ~ ~ I i ..J \. ~ :00 '" .Q "0 ,..; 0 ;:l; '3 "0 ~ ....J '" u.. ~ 'C .; W "" .,. '" c: ,~ '8 'C: O,..;ar 3:0", g> If) .... .", w <O-c: (1")""20 > "'::llD 0 -- OD.,g :l 0 n'\~ ~ V 10 ~ 11\ OJ E E\LI ~ g - 0 :l ~ Vl _ C u C81~ 00 (V") L.C""') '"'~ ~ 0... c::::J'1 c::::J'1 c::::J'1 c::::J'1 - .,.,.................. ~ ~- E:xhibit "B" Agenda Item No, 1682 November 10, 2009 Page 22 of 32 Legal DescriDtion for KRG'9~1 &41lL~:':'t',!" A PARCEL OF LAND LOCATED IN SEmON 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLUER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF TRACT 110.5.-3" OF TRAIL RlDGE, ACCORDING TO ll-IE 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" WESf, ALONG THE NORTH UNE OF SAID TRACT "0.5.-3", FOR A DISfANCE OF 867.07 FEET TO THE NORlliWEST 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 SOlITH 02028'03" WEST, ALONG SAID LANDS FOR A DISTANCE OF 36.59 FEET TO THE NORTHERL YMOSlWESTERL Y cgB.l'!~-~}f;-:~CT "C" OF SAID TRAIL RIDGE; THENCE RUN SOUTH 02039,~'\W~.J:A,~tJ5i',;~E WESTERLY LINE OF SAID TRACT "C", FOR A DISTAf)J~~F~100.09 FEET;":FAENCE RUN NORTH 90000'00" WEST, ALONG THE NOR;rHERlY LINE OF SAID TRA,d'~:c", FOR A DISTANCE OF 100.09 FEET TO A POI~ ,PNitlli(EA51--PJ~-OF~VVAX LINE OF STATE ROAD #951 (RIGHT-OF-WA'r7 V~~ES). llt~~~.JJ:t.N9~ 0~030'29" EAST, ALONG SAID EAST RIGHT-OFf -~iAY(D~'E,(Rp~; (\1JI$t~~~E pF \140.20 FEET; THENCE RUN NORTH 04012'01'~M~~~\~f'J~ /SAIqr'~ Bl9fiJtOF-WAY LINE, FOR A DISfANCE OF 640.85\\;;~ET~THE'fJCE~ SopiljEa~042'14" EAST FOR A DISTANCE OF 264.66\''5E.1;T; THENCE RU~~NORrr4~.5042'49" WEST FOR A DISTANCE OF 320.41 \(~. THENCE RUN'~O~try~>3503914411 EAST FOR A DISTANCE OF 200.00 FEEl: ~~,~ POINT O~-,Jt1P,$'e>UTHERLY RIGHT-OF-WAY UNE OF STATE ROAD No. 9Q{(T~~r:-=m4~I:::~e"O.00 FOOT RIGHT-OF-WAY); THENCE RUN SOUTH 54020'1611 ~tdNG:SAID SOUTHERLY RIGHT-OF-WAY UNE, FOR A DISTANCE OF 1,927.32 FEET; THENCE RUN SOLITH 35039'44" WEST FOR A DISTANCE OF 400,00 FEET TO A POINT ON THE NORTHERLY UNE 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 Legal Description 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 COUNTY, FLORIDA, AND IN PART BEING PORTIONS OF TRACTS M-1 AND M-2 OF CRYSTAL LAKE TERRACES AT EAGLE en CV> U"") C"-...J ~ p... c:::tt c:::tt c:::tt c:::tt c:::t::: C> Exhibit "B" P,genda ;tern ~\Jo. 1682 ~Jovember 10, 2009 Page 23 of 32 CREEK AS RECORDED IN PL4.T BOOK 16, PAGES 30 AND 31 OF THE PUBUC RECORDS OF COLUER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE ON THE SOUTHWESTERLY RIGHT-OF-WAY UNE OF U.s. HIGHWAY NO. 41 AT THE NORTHWESTERLY CORNER OF "CAPRI COMMERCIAL CENTER" AS RECORDED IN PLAT BOOK 31, PAGES 52 AND 53 AND TI-iE NORTHWESTERLY CORNER OF "LOT 2 CAPRI COMMERCIAL CENTER REPLATr AS RECORDED IN PLAT BOOK 35, PAGE 85 OF TI-iE PUBUC RECORDS OF COWER COUNTY, FLORIDA FOR A POINT OF BEGINNING. FROM SAID POINT RUN SOUTH 35039'28" WEST ALONG THE WESTERLY UNE 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 LlNE OF SAID "LOT 2 CAPRI COMMERCIAL CENTER REPLAT', A DISTANCE OF 171.00 FEET TO THE SOUTHEASTERLY CORNER OF SAID "LOT 2 CAPRI COMMERCIA~::-q:~--,REPLAT'; THENCE RUN NORTH 35039'28" EAST ALONG THE'\ EAstE.ky) {UNE, OF SAID "LOT 2 CAPRI 1,. f-' . '" " COMMERCIAL CENTER RER1:Yrr'; A DIsTANCEt::OF 23.00 FEET TO AN INTERSECDON WITH THE:>$OJlIHERL Y UNE OF LOT 1 OF SAID "CAPRI COMMERCIAL CENTER~'; THENG~"RlJN--SOlJl\H 54020'32" EAST ALONG SAID SOUTHERLY LlNE, A DISliANG~'19f.~~6:J;>:S:.f-EE+ lQ;THE. SOUll-iEAST CORNER OF SAID LOT 1; THE~CEi:FZUN 'NORTH\35Q:39.'2$,"\EAs;r ALONG THE EAST UNE OF SAID LOT 1, A DIStANCE OF.165.15 iFEEr; THENCE-RUN NORTH 31038'24" EAST ALONG SAID \EAST-.'tlNE:--:'--A' ~DISrANCE~ of;; "43.40 FEET TO AN INTERSECDON WITH mE'WEST UNE OF Lcn:~5 OF/S~I6 "CAPRI COMMERCIAL \ ...<"" J \ :~... h..' :' c" ',_ "," CENTER'" THENCE RUN\S0tJTH 04013'24" weST>AtoNG SAID WEST LlNE A f \, ,:' "'''_ ...-' ," .........,.....- I DISTANCE OF 300.05 FEET, TG):'-:A.N INTERSEOlON WITH THE SOUTH UNE OF "'" __,,' /-.' "-.-""'- .....,..~...., ....~, ,/ SAID "CAPRI COMMERCIALCEN7rER;"'-~1liENCT;/RUN SOUTH 87029'51" EAST '~c' ,i. ,).. ",,,,".. ALONG SAID SOlIfH LINE, A DISTANC~,GF'U.19 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LlNE OF STATE ROAD NO. 9511 COLllER BOULEVARD, AS DESCRIBED IN THE ORDER OF TAKING AS RECORDED IN OFFICIAL RECORDS BOOK 2630, PAGE 2773 OF -mE PUBUC RECORDS OF COLUER COUNTY, FLORIDA; THENCE RUN SOUTH 04010'08" WEST ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 136.65 TO THE NORTH llNE OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 2699, PAGE 792; THENCE RUN NORTH 85002'5511 WEST ALONG SAID NORTH UNE, A DISTANCE OF 226.52 FEET TO AN INTERSECTION WITH THE BOUNDARY LlNE 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 UNE AND THE WEST LlNE OF SAID PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 2699, PAGE 792, A DISTANCE OF 78.24 FEET; THENCE RUN SOlIfH 35039'28" WEST ALONG SAID BOUNDARY LlNE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND SAID WEST UNE OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 2699, PAGE 792, A DISTANCE OF 33.43 FEET; THENCE RUN SOlffH 54020'32" EAST ALONG SAID BOUNDARY UNE OF THE c:::> ~ U'"") C""-..J ~ c.... "'d"f oc:::1"t ~ "'d"f p::: Q Exhibit "B" Agenda Item i'~o. 1682 r'~ovember 10,2009 Page 24 of 32 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, RESPEcrIVELY; 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 S~Jl?-:t;t:fi?I;I~'-8,ECORDS OF COLLIER COUNTY, FLORIDA, A DISTANCE OF ,~~6J/'~fa~2~W~":~OINT OF CURVATURE OF A CURVE OF SAID BOUNg.ARY1.,A:INE OF THE'~~R~F,ERTY AS DESCRIBED IN OFFICIAL RECORDS BOpK~~41L~GE 260 AND<~AI~ PROPERTY DESCRIBED BY THE ORDER OF TA~NGI AS..R~S:ORBffi-IN\ OFFIG;IA~RECORDS BOOK 2605, PAGE 3232, SAID CUR;VE e~ C;:ONcA~~~Y ~ND HAVING A RADIUS OF 50.00 FEET, A CE~'L ~Nq((qF\1~i5~~~" ~q A ~HORD BEARING AND DISTANCE OF NOR~ r8~,\~~1\ ~~J 1lf:32 JE~,i i~PECTIVEL Y; THENCE RUN EASTERLY ALON~(5AIITCURVE;-AN~ DI~A~~/OF 11.34 FEET TO AN INTERSECTION WITH ~~lD\ WESTERLY RIG~c>,F-)vkY/ LINE OF STATE ROAD 951, COWER BOULEVAR,Of:.J~{fE. NCE RUN SO~/~t)~:?'05" WEST ALONG SAID WESTERLY RIGHT-OF-WAY::Jl~f"AND SAID BQUNBAAY LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL>RtG3~-B~J{j@~'; PAGE 260, A DISTANCE OF 75.88 FEET TO A POINT ON'A.:'~GtiR~.e.BEiN'G 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, RESPECTTVEL Y; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE RUN WESTERLY ALONG SAID CURVE AND SAID BOUNDARY LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECOB,DS 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, RESPECITVELY; 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 02029'0611 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 Exhibit "B" ,-;genda Item r~o. 1682 November 10, 2009 Page 25 of 32 ~ p..... o::::r ~ o::::r ~ "CRYSTAL LAKE TERR.'\CES AT EAGLE CREEK REPLAT" AS RECORDED IN PLAT BOOK 28, PAGES 72 THROUGH 74 OF SAID PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORll-l 54020'32" WEST ALONG SAID BOUNDARY LINE OF ll-lE PROPERlY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND THE NORll-lEASTERL Y LINE OF SAID "CRYSTAL LAKE TERRACES AT EAGLE CREEK REPLAT", A DISTANCE OF 1052.44 FEET; ll-lENCE RUN NORll-l 35039'28" EAST, A DISTANCE OF 100.00 FEET; THENCE RUN NORTH 80000'15" EAST, A DISTANCE or 63.72 FEET; THENCE RUN NORTH 35039'28" EAST, A DISTANCE OF 260.11 FEET; ll-lENCE RUN SOUTIi 54020132" EAST, A DISTANCE OF 33.46 FEET; ll-lENCE RUN NORTH 35039'28" EAST, A DISTANCE OF 360.81 FEET; THENCE RUN SOUTH 54015'18" EAST, A DISTANCE OF 26.69 FEET; ll-lENCE RUN NORTH 35044142" EAST, A DISTANCE OF 34.06 FEET TO AN INTERSECTION WITH SAID SOVTHWESTERLY 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. - - ------ ~~._"-- _./'~'~=~'~.'-" {); t-> t'-::-':""'~, CONTAINING 646,291 SQUARE\f8EI~':..O.R'::::1~,;a1>ACRES OF LAND, MORE OR LESS. / \.>~/ ---<-~. ,,/.', ~ ~ U"") c:--..I \ ~ C> ~..:::.._,=<" ~'------~-"'--...r"'-l ! -' -..".,:'::, _' "t. ".., Legal Description for KRG...Eaal~eek..lV LLC :-:::\\ t i / {'\ ~ / f '\ "\ ~ '1 i \ \;, \ 7/ \ \ ! I! ,: ~, ( { ~ \ ~ \{.7 .; ~___ \/ l \ : BEING A PART OF THF~N~f.\[I::f~~SIj YJ .b~~SEcTI~N q,... TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLli-ER 'COUNTY; FLURIDA.lTAEi.SHOPS AT EAGLE CREEK PAD #5 DESCRIPTION)\\'.-~..'~"\'" v,. i ./ -.;, - -.,;,;~,~~,. ,/ . .~~;,"-'/ \. \ ". ..... ; ''\..-;'... .- "~.. / ALL THAT PART OF SAIo'\S~~i,1Q~ 3, BEINGJY1of:e"PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING:~1,!rnE~:~~MOST CORNER OF THE PLAT OF ll-lE SHOPS AT EAGLE CREEK~--lJNIt::'()NE;~ ACCORDING TO PLAT BOOK 25, PAGES 44 ll-lROUGH 45, OF THE PUBUC RECORDS OF COLUER COUNTY, FLORIDA. THENCE ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (U.S. A1) SOUTH 54020'32" EAST 185.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY LINE SOUTH 54020'32" EAST 193.09 FEET; THENCE LEAVING SAID LINE SOUTH 35039'28" WEST 123.00 FEET; THENCE NORTH 54020'32" WEST 193.09 FEET; THENCE NORTH 35039'28" EAST 123.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.55 ACRES MORE OR LESS, BEING 23,749 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE EASTERLY LINE OF SAID PLAT OF THE SHOPS AT EAGLE CREEK, UNIT ONE, BEING SOUTH 54020'32" EAST. c-...a ~ Lt"") c-...a c.!:) p.... ~ c::f1I o::::t" ~ ,~ Exhibit "B" Agenda Item ~~o. 1682 ~bvember 10, 2009 Page 26 of 32 Legal DescriDtion for R~altyNet Real Estate llC PIN number 00726724107 3 51 26 COMM AT NE CNR TR M-l, 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 POS. Legal Descriptions for Habitat for Humanity of Collier County Parcell: Commencing at the Southeast corner of Section 12, Township 51 South, Range 26 East, Collier County Florida, thence along the East line of said Section 12, North 00011'20" East 2743.15 feet to the East V4 corner of said Section 12; thence continue along said EastJin~S~1,Qn)2, North 00027'50" East 894.35 feet; thence North 89056'55>We#t~d':::..~e~)l,.Qr"a Place of Beginning; thence North 89056'55" West, 4~5;~))eet; thence Nort,~.}tO~34'06" East, 490.97 feet; thence South 89056'55" Fa~"~4:~1 ~eet; thence ~uth\ 00027'50" West, 490.97 feet to the Place of Be9innJng~:belLtg\ln.=the-Squthwe~ V4\ of the Northeast V4 of Section 12, Township 51 sou~a~'~. .J2Qc-~. \ JI~\C,. o~nty Florida. I 1/.... '0 i( \ \ 1'- r '\ \ II \ ,! I i \1, " II l \ if I I il! I:. i )".) ~\ v!! ' AND P I 2 "\ \ "I J, }r- \' 1 / I a rce; '\ (', Ii, \.../j \ \..j / J ly j u....., i . -\~ ......--/ ~ ..:.>, IA,J I ' '., ~ I . ...~ \ .('"'. . '3J" . I / ::'::,! Commencing at the So~)\st corner of Se~~p Y2lI~~nshiP 51 South, Range 26 East, Collier County, ~ICimda, thence along t~~<,tct1line of said Section 12, North 00011'20" East, 274.~4~:~:feet to the ~9S~,\Yil;/-corner of said Section 12; thence continue along said"E'a,s?1Ti'Tg-of:;~~9A'/ 12, on a bearing of North 00027'50" East, 894.35 feet to a 'sel..tack;~fuence 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 114 of the Northeast 114 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 114 of the Northeast 114 of said Section 12 which is marked by a iron pipe with Survey Cap #LS 4273; thence along said North line run South 89056'55" East, 443.00 feet to a set iron pin with Survey Cap #LS 4273; thence South 00026'50" West for 490.08 feet to the Point of Beginning; being in the Southeast 114 of the Northeast 114 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" ;;genda !tern t\Jo. 1682 t'Jovsmber 10, 2009 Page 27 of 32 Commencing at the Southeast corner of Section 12, Township 51 south Range 26 East, Collier Count.. Florirla~ thence along the East line of said Section 12, North 00011'20" East, 2743.15 fee to the East '/4 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. <""? ~ L.CI C"'.J AND p;:; c::> The West V2 of the East '12 of the East V2 of the Northwest 1f4 of the Northeast V4 of Section 12, Township 51, South, Range 26 East excepting the North 30 feet thereof, which is reserved for road purposes, and The East 1f2 of the East V2 of the East V2 of the Northwest 1f4 9f~~-NQ~t1e~t~ 1f4 of Section 12, Township 51, South, Range 26 East, exc.e8t~qg:s~~~fifldn\~_,~~t:t~ereof~ which is reserved for road purposes, of the Publl~~Re~ras of Collier E'Ol:Hity)\~londa. ~ ~ oo::::t'" ~ ~ oo::::t"' <', ..----._'_....,.._ r--'.--- Leaal Description for ABC Li'C;;;o'csrrnc. _, \L-" ,--';\ \ I i/ ir"'J /' r\,.\. '"1"',1', \~\ \../' " PROPERlY DESCRI~QN(, ti.... PA~GE0 cp~ tANd\) L YrN,G_IN THE NORTH WEST QUARTER OF SEcrION;.3,'4'awNSfiTP ;:S-f~SOt:Jirf~ i~t;JGE 26 EAST,COLUER COUNTY FLORIDA, BErt;J~~F10RE PARTICULA~~Y lfESCfJBED AS FOLLOWS. -\_. 'fj..J ~.,-,\, /":\'.:""\" ( ../ -" \,...... \ /l COMMENCE AT THE<N(;;RJHEAST COR~{EH"-/6F THE NORTHWEST QUARTER OF SECTION-<~':'>~'iV;Y~StfJf;;5{~~s6uTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA~-<rHJ~~~~~RtJN- N 89 DEGREES 23' 53" W, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3, FOR A DISTANCE OF 32427 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 15129 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. oc:::;f"f oc:::;f"f LC') c---.J ~ 0..... ~ ~ =1"'" ~ 0.. (';l ~ ~ c:;. ;$ <l) > ... <l) > 0 u <l) '0' ... 0.. U ... .0 ..c x U..l enda Item No. 1682 November 10, 2009 Page 28 of 32 LC') "'=t'" LC') c--..J ~ 0.... ~ ~ ~ ~ c.::: C) ~ :0 :E .. '" w J i li Q. :E I 1 a:: " i ! < j 8- 1:; ~~ ,,< l~ ,jl. !.! o- j! :is .; . 2i . .... I l0- t j I ... "0 iI ~} ~- 18 j } '0 ~f Is .2,1 18 , w J~ r g J j i } r " ~ i~ (,) .t J ~ e g g (,) ~ e g IE ... ~ :l ... ;:' 1 (,) .t ! " 0:: '" ..- o. l~i 2' H~ .t . .U (,) :j . r-E ...... 2, iH u... ~. !! 1 () .I ! : '" (,) ... ... ; i i " f2 c :> ... go "li- B 1 1 ... i ~ - " i i ~ 1i] ~ m I ~ j I ! 1 .!! J I ... - " ::J ::J ! ? ~ ~ l 1 t t "- "- ~ :2 ~ '" 0 ~ ~ ~ ~ ~ ~ g ~ ~ ~ R "' 8 q: ~ t o [" ;: . lL ~ ~ ~ ~ :Ii 'V ~ ~ ~ ~ ~ E E E ~ ~ ~ ~ :g.. m Q;l III j ~ ~ ~ ,/ , i ' \',,,;:' ...,""-; ~ ~ ~ " ::J g':g _ ::J f . Q 0.. t "- ~ ~ 'u''- \'" " ~ . " " " .. j ~ u. VJ ~ ~ . ~ 8 8 '" ","~;.;:> '!:,:. -~, .' "'.., . ""'" J /r u. ~ U) U) ~ ~, t t "- "- ~ ~ o N u. u. ~ VJ U) :l' @ ~ '" Ii . Ii "- "- 0.. 8 ~ ;; .~ 2 ~ " :: t u; " '" 0> ~ ~ ;; ~ -g V}I ~ ~I li ~i ~ ~ ~: 0: 8 ! i;: ~ ~ ~ I ~i i co ~ g ~ :! i .. :2 " i I ! I ~ < I j j I is Z I ~ "-I " I' ~ i I c: ~ I ~I "I ~I ~i ~I ~I ! I -~' :0. S ,.. II! I l ,'" 'E ~ .. 0.. :I u. u ~ .E '0 II o a: 'tl m j ,!! 'E ..: .. :; '0 ! ~ :!! o ;; ~ ,:; '0 ~'" "- n ill .2~ ~8 ~ '0 ff E ~ ill s! "8 is . '" , .. !~ r t a: i e g y ... () ~ j :; i i " c: '" e! ~ g .; AGenda item 1\)0 1682 ~ f'Jov8mber 10. 2009 Prinp ?q ('f ~~? .. ... ~ :i :J !l ~ ~ ~ ~ ~ i i I ~ ~ a, ~ ! co; . . . - . . M : ~ &l ~ ~ ~ .. ... . .. .. .. 8 @ ~ 8 @ ~ 8 ..; &l ~ 18 .. : ~ ! ~ ;0 . ... .. ~ 0; g, ~ i ~i :: i ,.: ;:; 1 '" f.'! '" ~ ~ r: co ~ ~ .2 ",' 8 5 ! N ~ * ~ ~ ~ ~ N m .; ii\ . ': I I . ii e ~ w i ~ J i ~ ~ ~ ~ ~I j ~ i ~ ~ ~ ! ~ e e ~ e ~ ~ j ~ ;I i ~ ~ ~ ~ ~ ~ ~ " . " & U ~I Ii Ii 1111 II iU +c +c +c '-.0 c:::!"" ....., c--...J (.,? p... ~ ~ ~ ~ 0:::: c::> ~ ~ ~ EXHIBIT E A.aenda Item No. 1682 ~ November 10, 2009 Page 30 of 32 DEVELOPER CONTRIBUTION AGREEMENT ROAD IMPACT FEE LEDGER ml~~"~:'i'~"'~i"'~_ k.'l" ,;:;;,.>c...,,\;..:'"'.:. .,..... I Beginning Balancel" to." .'_' ~. ':.: '.." .1-;.'. DATE PERMIT # CREDIT AMT BAlANCE COMMENTS Beainnina Balance .. .~.~.::::~~; Q (~ ;~-;~ .....'.......,., /~.\\:'':;... '_,-..:::: V:;>" . ,i( \.~;/~ '<~ ..Je.....\ , /" ~----'---" \\ \ '. \ - i , ./' JJ;l..-"'''--.'',> \.I \ \ \ .('_.,...... \ \ i i .~ ,...-''''''-, c:~ \-'-, v\ \ ! './'" /~'\. ~,/ /'-\ '\ ) - ~- . ; I . 1 { 1 ' [ i I 1 I ,1~/ ~\,y I i \ i ,I , i l,~ ' \ ';.~\ \.j , j ,,; c:L.1 J }':'.......l \ I } \ '-...2..,,:,:,; ',~ ~ !' ~.....'t \r--~ \. -.~> / ,:-:~ / \'('\\\\ J:~' ,;"",'/ \'/')";!)r,;;" l II~'" f \;..1\ '\'\ ....\,..' \ ';-.tt'" _"\, ""\.....) /' I ~ *Each Developer shall receive Roat~~.!:.p~e Credits ~et:(6l;t~:i~ attached Exhibit "D" ", ;, > --~ -' -,-<' ,~ / "','0, f' ,.'---'. ("" / "" l [1.,., ~-, 'I \1... ..' >~ ,.-:-:..!:.=:....~::-.:...:.---',>.~ Aqenda Item No. 1682 ~ November 10. 2009 Page 31 of 32 RESOLUT10N NO. 2009- A RESOLUTION BV THE BOARD OF COL'1--TTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, AUTHORIZING THE COUNTY TO INCORPORATE FDOT'S PLANNED PROJECT TO RESURFACE THE INTERSECTION OF US-41 AND SR/CR-951 INTO THE COUNTY'S IMPROVEMENT PROJECT FOR SR/CR-951 AND AGREEING TO ENTER INTO A JOINT PROJECT AGREEMENT ADDRESSING FDOT'S REIMBURSEMENT TO THE COUNTY FOR THE ASSUMED COST OF RESURFACING IN FDOT FISCAL YEAR 2013. WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a Memorandum of Agreement ("MOA") with Collier County, wherein FDOT authorizes the County to incorporate FDOT's planned project to resurface the intersection of US- 41 and SR/CR-951 (the "Resurfacing Project") into the County's road improvement project for SR/CR-951; and WHEREAS, as part of the MOA~ FDOT further agrees to enter into a Joint Project Agreement with the County to reimburse it for assuming the Resurfacing Project up to a maximum amount of $7,625,576.00, which sum is programmed into FDOT's Adopted Work Program under FM# 425209-1 as of July 1,2012; and WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to enter into the MOA and coordinate these State and County projects in a cost efficient manner in the best interests of the citizens ofeollier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; 1. The Board of County Commissioners approves' the Agreement and authorizes its chairman, Donna Fiala, to execute the Memorandum of Agreement. 2. A certified copy of this Resolution will be forwarded by the Collier County Clerk to FDOT along with the executed Memorandum of Agreement. This Resolution adopted after motion, second and majority vote favoring same this lOth day of November, 2009. Agenda Item No. 1682 November 10, 2009 Page 32 of 32 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk, DONNA FIALA, Chairman A~f /21= sufficiencf Scott R. Teach Deputy County Attorney 2