Backup Documents 04/14/2009 Item #10C
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP IOC
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE -
Print on pink paper, Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exceotion of the Chairman's signature, dmw a line throulZhroutinO' lines #1 through #4, complete the checklist, and forward to Sue Filson line#5\
Route to Addressee(s) Office Initials Date
(List in routin!! order)
1.
2.
3.
4.
5. Ian Mitchell, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of lhe original document pending Bee approval. Normally the primary contact is the person who created'prepared the executive
summary. Primary contact information is needed in the event one of !he addressees above, inch.ding Sue Filson, need to cmtact staff for additional or missing
information. All original documents needing the BCe ehairman's signature are to be delivered to the Bee ofiice only after the Bee has acted to approve the
item.)
Name of Primary Staff Nick Casalanguida Phone Number 252-6064
Contact
Agenda Date Item was 04-14-09 Agenda Item Number 10C
Approved bv the BCC
Type of Document Developer's Agreement Number of Original 1
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chainnan, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from '.tl
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's \P-> \~OC,l..l.(f\.~r--
Office and all other arties exce t the BCC Chainnan and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the \X;>
document or the fmal ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's
si ature and initials are re uired. \:b
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. It>
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on 04-14-09 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The JJ
Coun Attorne 's Office has reviewed the chan es, if a licable.
I: Forms! Comly Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
..~......' ~_......~, - "0'
IOC '1
DEVELOPER AGREEMENT
US 41 DEVELOPERS' CONSORTIUM 111
THIS DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into this 14th day of April, 2009, to be effective as of the date upon which this Agreement is
approved by the Board of County Commissioners of Collier County (the "Effective Date"), by and
among KITE EAGLE CREEK II, LLC, an Indiana limited liability company, KRG EAGLE CREEK IV,
LLC, an Indiana limited liability company, KRG 951 & 41, LLC, an Indiana limited liability
company, ABC LIQUORS, INC., a Florida corporation, REALTyNET REAL ESTATE, LLC, a Florida
limited liability company, and HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., a Florida non-
profit corporation (each a "Developer" and, collectively, the "Consortium Developers" or the
=<:::.><= "Consortium"), and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida
......... c"" C:> (hereinafter referred to as "County"). All capitalized terms not defined herein shall have the same
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= N meaning as set forth in Ordinance No. 2001-13, the Collier County Consolidated Impact Fee
Ordinance, as amended.
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1>4 N po RECITALS:
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.-.~ WHEREAS, the Consortium Developers each own or control portions of the development
~ projects (each a "Development" and collectively, the "Developments"), identified graphically in
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c--..J E-' Exhibit "A" and by legal descriptions in Exhibit "B" and located in unincorporated Collier County,
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c...~ ::::~ ~ WHEREAS, LDC Section 10.02.07.C.4. provides that "Upon approval by the Board of
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= County Commissioners, any applicant shall enter into an enforceable development agreement with
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~<)O:O Collier County pursuant to the provisions of F.S. !l!l163.3220--l63.3242 or other agreement
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~f"I ~~ e... acceptable to the Board of County Commissioners, in conjunction with the approval of a
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...... p,; ~ development order and/or a certificate of public facility adequacy. The effect of the development
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c:> :'~;:;H:: agreement shall be to bind the parties pursuant to the terms and conditions of the development
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CS"1 ~ ~ agreement and the certificate of public facility adequacy in order to insure that adequate public
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~~ .<~:: facilities are available to serve the proposed development concurrent with when the impacts of the
<CX:J +., "" development occur on the public facilities;" and
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= - WHEREAS, the Consortium Developers all wish to enter into this Agreement as they are
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C) -,-" presently unable to move forward with these Developments due to concurrency constraints at and
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around the intersection of CR Route 951 and SR Route 41; and
no, WHEREAS, the County is willing to enter into this Agreement in order to help fund and
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", accelerate the design, permitting, construction and right-of-way acquisition necessary for the at
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,:::, t-. grade improvement at the intersection ofUS41 and SR-CR951 that would also be the footprint for
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= the ultimate grade separated improvement; and
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c' "., .,-, WHEREAS, it is the intent of this Agreement to grant to each Developer vested concurrency
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;: ~: ~ :: rights with respect to the Development owned or controlled by it, in exchange for certain
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". , , ., ~> commitments set forth below by the Consortium Developers to help the County fund all costs
associated with the design, permitting, land acquisition and construction for the at grade intersection
improvements at the intersection of CR Route 951 and SR Route 41, as generally depicted on the
Project Overview Map attached as Exhibit "C" (the "Road Project" or "Proposed Plan"); and
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WHEREAS, the Transportation Administrator of the County has recommended to ! Qarq f ~
of County Commissioners that the Road Project is in conformity with the contemplated
improvements and additions to the County's transportation network and is consistent with the
County's transportation concurrency requirements; and
WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board
finds and reaffirms that:
a. The Proposed Plan is in conformity with the contemplated improvements and
additions to the County's transportation system;
b. The Proposed Plan, viewed in conjunction with other existing or other
proposed plans, including those from other developers, will not adversely impact the cash
flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate
or interfere with other planned or ongoing growth-necessitated capital improvements and
additions to the County's transportation system; and
c. The Proposed Plan is consistent with both the public interest and with the
~ comprehensive plan, the Long Range Transportation Plan and complies with the
~
u. requirements of the Collier County Consolidated Impact Fee Ordinance.
~
. . WITNESSETH
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~ NOW, THEREFORE, in consideration ofTen Dollars ($10.00) and other good and valuable
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""'"' consideration exchanged amongst the parties, and in consideration of the covenants contained herein,
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. . the parties agree as follows:
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1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. The County agrees that it will provide a PD&E reevaluation, design, permit, acquire
right-of-way and construct the at grade improvement at the intersection ofUS41 and SR-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 (ITMS) signalization
of the following traffic signals with the Project.
a. SR951/US-41
b. SR951/Walmart
c. SR951/Manatee Road
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4. Habitat will provide each homesite in its Regal Acres Developments with an annual
CAT pass for a five year period prior to the certificate of occupancy of each homesite.
5. KRG Eagle Creek II, LLC and KRG 951 & 41, LLC shall provide all employees
working more than twenty hours per week at the Developments with an annual CAT pass for a five
year period after the issuance of each certificate of occupancy and prior to opening.
6. Within one hundred twenty (120) days of request by the County, KRG 951 & 41 LLC
shall convey to the County a right-of-way parcel in fee simple, free and clear of all liens and
encumbrances, by statutory warranty deed(s) approved by the County Attorney, suitable for
recording. KRG 951 & 41 LLC shall pay all costs to County associated with this conveyance,
including recording fees. The right-of-way dedication along SR-951 shall be the minimum amount
needed for the construction and widening approaching the intersection of SR-951 and US-41 per
Stanley Consultants Exhibit "C". KRG 951 & 41 LLC agree to provide at their sole cost and
expense any temporary construction and slope easements necessary to facilitate the construction.
The width of the right way dedication shall not exceed 15 ft. KRG 951 & 41 LLC shall be
responsible at their sole cost and expense for the removal of any improvements made by KRG 951 &
.r, 41 LLC within the parcel prior to dedication.
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c-.... 7. Not later than five business days following the Effective Date, the Consortium
. . Developers shall pay to the County in cash the sum of $3,000,000. The County will use these funds
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0... to proceed with a PD&E update, design, and right of way acquisition for the Project.
~
"""
""" 8. As set forth in Exhibit "D" (the "Milestone Schedule"), the Consortium Developers
"""
. . shall pay County an additional $5,253,058.75 in Anticipated Road Impact Fees towards the Project.
p::; Impact Fees must be paid in accordance with the Collier County Consolidated Impact Fee
C) Ordinance, however, each Developer shall be required to fully pay to the County its Anticipated
Road Impact Fee Amount (or the applicable portion thereof) no later than the dates set forth in the
Milestone Schedule. If Road Impact Fees are increased, then the amount to be paid shall be based
on the then current road impact fee rate. Each Developer's actual payment for Road Impact Fees
shall be credited against the Anticipated Road Impact Fee Amount. If Road Impact Fees are reduced
or eliminated entirely, no credit will be granted against the Anticipated Road Impact Fee Amount for
such reduction. Nothing contained herein or in the Milestone Schedule shall prohibit a Developer
from paying its Anticipated Road Impact Fee Amount or portions thereof earlier than the dates set
forth in the Milestone Schedule or prohibit a Developer from receiving certificates of occupancy,
site development plan approvals, plat approvals or building permits in connection with such early
payment.
9. As security for each Developer's payment of its Anticipated Road Impact Fee
Amount, each Developer (other than Developers making the initial payment contemplated in Section
7 above) hereby submits to the County a payment bond, letter of credit or other payment security,
each of which is acceptable to and hereby approved by the County in the amount of its Anticipated
Road Impact Fee Amount totaling $5,253,058.75 no later than five business days following the
effective date of this Agreement. Upon payment of the Anticipated Road Impact Fee Amount by a
Developer, that Developer's letter of credit payment bond or other payment security shall be
retumed 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
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IOC i ~--J
fifth business day following the effective date of this Agreement, the County shall terminate this
Agreement, in which event, the $3,000,000 cash payment and any other cash payment made by a
Developer shall be returned within thirty (30) days by the County to the Developer that paid the
same, the payment bonds, letters of credit and other payment security (if applicable) that were
submitted by the Consortium Developers shall be released within thirty (30) days by the County, this
Agreement shall be null and void, and the parties shall be relieved from any and all further
obligations hereunder which do not survive termination of this Agreement.
II. 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 ofthe
$8,253,058.75, including but not limited to any Developer's failure or inability to utilize all or a
portion of their Impact Fee Credits. Following each Developer's submittal of cash payment, the
payment bond, letter of credit, or other approved payment security for its Anticipated Road Impact
Fee Amount, as applicable, (I) each Developer shall receive Road Impact Fee Credits for the Total
u:> 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
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.---.. as Exhibit "E"; and (2) each Developer shall also receive Certificates of Adequate Public Facilities
. . ("Certificates") from the County which immediately and fully vest each of the respective
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P-. Consortium Developers with the right to roadway capacity in connection with their respective
~t-' Developments as set forth in the Milestone Schedule; and (3) each Developer's Development shall
q-o
q-o be entitled to obtain certificates of occupancy, site development plan approvals, plat approvals and
~
. . building permits for its Development (or portions thereof, as applicable) subject to the normal
p::; permitting and review process. Issuance of these Certificates, however, will not relieve the
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respective Developers from their respective obligation to pay road impact fees for their respective
Developments. The credit for Road Impact Fees identified herein shall run with each of the
respective Developments and shall be reduced by the entire amount of each Road Impact Fee due for
each Building Permit issued thereon until the respective Development project is either completed or
the credits are exhausted or otherwise no longer available, or have been assigned by operation of or
pursuant to an assignment agreement with County. The foregoing reduction in the Road Impact Fees
shall be calculated based on the amount of the Road Impact Fees in effect at the time the Building
Permit is issued. The credits set forth herein shall be applied solely to Road Impact Fees, and shall
not offset, diminish or reduce any other charges, fees or other Impact Fees for which the respective
Developer, its successors and assigns are responsible in connection with the development of the
respective Developer's Development. It is expressly understood that the Impact Fee Credits will be
utilized in the order in which the Building Permits are reviewed by the Impact Fee Administration,
irrespective of whether Developer assigns all or part of its respective Development. The County will
apply all road impact fees paid for any portion of a Development whether paid by the respective
Developer or another developer towards the Anticipated Road Impact Fee Amount.
12. If a Developer fails to pay its Anticipated Road Impact Fee Amount (or a portion
thereof) as required herein and such failure continues for a period of thirty (30) days after written
notice of such failure from the County, the County, as its sole remedy hereunder shall have the right
to draw upon such defaulting Developer's letter of credit or exercise the County's rights under the
payment bond or other payment security submitted by such defaulting Developer in order to fund
such Developer's Anticipated Road Impact Fee Amount (or the applicable portion thereof then due
and payable by the Developer). In no event shall a default by one of the Consortium Developers of
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____"_ _~.___.__ '__.'___.~.-u"M_ -,-_..._-,~,- _._.____n.__._....."._. .......___"
OR: 4444 Pfd=C7 1
its obligations under this Agreement cause the other Consortium Developers to be in default of this
Agreement.
Lel!al Matters
13. This Agreement shall not be constructed or characterized as a development agreement
under the Florida Local Government Development Agreement Act.
14. The burdens of this Agreement shall be binding upon, and the benefits of this
Agreement shall inure to, all successors in interest to the parties to this Agreement. Upon giving
written notice to the County, each of the Developers may assign all or part of the Road Impact Fee
Credits to which they are entitled utilizing the County's then current form of assignment, to
successor owners of all of part of the Developments, or as otherwise provided for in the Collier
County Consolidated Impact Fee Ordinance. A Consortium Developer may transfer or assign all or
a portion of the approved density or square footage to another project on the same roadway that
directly impacts the intersection ofUS41 with SR-CR951 as shown on Exhibit "C", whether owned
by that Consortium Developer or owned by another developer.
15. Developer acknowledges that the failure of this Agreement to address any permit,
condition, term or restriction shall not relieve either the applicant or owner or its successors or
assigns, of the necessity of complying with any law, ordinance rule or regulation governing said
permitting requirements, conditions, terms or restrictions.
16. In the event state or federal laws are enacted after the execution of this Agreement,
which are applicable to and preclude in whole or in part the parties' compliance with the terms of
this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to
comply with such laws, in a many which best reflects the intent of this Agreement.
17. Except as otherwise provided herein, this Agreement shall only be amended by
mutual written consent of the parties hereto or by their successors in interest. All notices and other
communications required or permitted hereunder shall be in writing and shall be sent by Certified
Mail, return receipt requested, or by a nationally recognized overnight delivery service, and
addressed to the parties at the addresses set forth in Schedule I to this Agreement, or such other
address of which a party hereto shall give notice. Notice shall be deemed to have been given on the
next successive business day to the date of the courier, if sent by nationally recognized overnight
delivery service, or if delivered by Certified Mail, upon actual receipt.
18. Each Developer shall execute this Agreement prior to it being submitted for approval
by the Board of County Commissioners. This Agreement shall be recorded by the County in the
Official Records of Collier County, Florida, within fourteen (14) days after the Effective Date.
Developers shall pay all costs of recording this Agreement. The County shall provide a copy of the
recorded document to the Developers upon request.
19. In the event of any dispute under this Agreement, the parties shall attempt to resolve
such dispute first by means of the County's then-current Alternative Dispute Resolution Procedure,
if any. Following the conclusion of such procedure, if any, either party may file an action for
injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, and
remedy being cumulative with any and all other remedies available to the parties for the enforcement
of the Agreement.
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OR: 4444 PG: 2528
20. This Agreement constitutes the entire agreement between the County and the partiel 0 C
with respect to the activities noted herein, and supersedes and takes the place of any and all previous
agreements entered into between the parties hereto relating to the transactions contemplated herein,
All prior representations, undertakings, and agreements by or between the parties hereto with respect
to the subject matter of this Agreement are merged into, and expressed in, this Agreement, and any
and all prior representations, undertakings, and agreements by and between such parties with respect
thereto hereby are canceled.
21. The individuals signing this Agreement on behalf of each party represents and
warrants that he or she has the full power and authority to execute this Agreement for the party upon
whose behalf he or she is executing same and that upon such execution, such party shall be fully
bound by each and every provision of this Agreement.
22, Nothing contained herein shall be deemed or construed to create between or among
any of the parties any joint venture or partnership nor otherwise grant to one another the right,
authority or power to bind any other party hereto to any agreement whatsoever.
23. This Agreement may be executed in separate counterparts, each of which when so
executed shall be an original, but all of which together shall constitute but one and the same
instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their appropriate officials, as of the date first above written,
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
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By ~~~~q~f' By:
_It .... ~ '.'.
tt.,..urt ~I''l'/''
Appr ved as to form"
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and I al
Jeffrey'
County
REMAINING SIGNATURE PAGES TO FOLLOW
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f'lR' 4444 PG: 2529
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SIGNATURE PAGE TO
AMENDED DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM III
WITNESSES: KITE EAGLE CREEK II, LLC, an Indiana
. -&d limit~,"mp"",
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SIgnature .1J~ ,. ~'., .' . . (- .
JJ M - I J.,. l'~amc. ~:JtJ. hu, ( LU(, kl.~" \
1 . ,...-....ae I ,... \
rinted Name itle: 1)( ';:,,(c.,\ ((.(
,/"./ of Kite Realty Group Trust, the General
Partner of Kite Realty Group, L.P., the
ignatu e Managing Member of KITE EAGLE CREEK
kD 6-ert G. ~2lI(()t,JCt~ II,LLC
Printed Name Dated: ___t.f=_? - :Zoo ~
STATE OF ~ )
.... . ) SS:
COUNTY OF IY\a(Ui\
)
~ Befor1 a Notary Public ~~ and. ~said County and State, personally appeared
RIQb IL e~, thc ~ .... C-oO of Kite Realty Group
Trust, the General Partner of Kite Realty Group, L.P., the Managing Member of KITE EAGLE
CREEK II, LLC, an Indiana limited liability company, who acknowledged the execution of the
foregoing instrument as such officer for and on behalf of said limited liability company.
Witness my hand and Notarial Seal th~s ~ of_.Ad_~, 2009.
FELICIA JACKSON
Notary Public, State of Indiana 'feAl UfJ/ (si ature)
Marion County
Commission #I t90515 o.U(..}aY'
My Coftll1'li,glOf'l hpires
Junlll1,2016.
(printed name)
Notary Public
My Commission Expires: County of Residence:
~.J} .;)J) f!tJ --~----
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OR: 4444 PG: 2530
IOC "1
SIGNATURE PAGE TO
AMENDED DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM III
WITNESSES: KRG EA E CREEK IV, LLC, an Indiana
CjL,41~ . bi!" y company
By: C
~rV jJ.'~ {
SIgnature
;:x / M. Hoe.!.-,- ~ fame~ _~ "-)"~:J Hk)('v~~~
~;=' Title:'~. ->1((.-::( I ((() ,
of Kite Realty Group Trust, the General
Partner of Kite Realty Group, L.P., the
gnatu Managing Member of KRG EAGLE CREEK
r. ' S'\) IL~.&~. IV, LLC
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__L{: 1. tx.OcA
Printed Name Dated:
STATE OF 5N . )
) SS:
COUNTY OF j1r;!..w0_ )
1hml Before, a Notary Public 1 and .for said County and State, personally appeared
US r....~ ,the ~ -l"~O of Kite Realty Group
Trust, the General Partner of Kite Realty Group, L.P., the Managing Member of KRG EAGLE
CREEK IV, LLC, an Indiana limited liability company, who acknowledged the execution of the
foregoing instrument as such officer for and on behalf of said limited liability company.
Witness my hand and Notarial Seal this _ 1f,. day of JfV ( ,2009.
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'~ "''''''''"'0' ignaturc)
... '.... No"" M!" Stat. of Indi.o. /" . -
~ -' , "- Mflrlon County r.e{lUlU ~6n
:! ~ - _ LJ:!,,;,p~~,I{)n, ~ 590616
''. . lv1v Corw",,.toi'1 Expl1'es
i J\I~1~17,20'6 (printed name)
-'" 1'1"~___"''''''
Notary Public
My Commission Expires: County of Residence:
:Jw n. J{)~0 ~
- 8 -
- ,_.~
OR: 4444 PG: 2531
SIGNATURE PAGE TO 1 0 C '1
AMENDED DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM III
WITNESSES: KRG 951 & 41, LLC, an Indiana limited
~ .. li'b~CO.. pany
?);t~ _ By: ~
Signature ~f _. " /
~ L j-1, "FYoe/rJ.. \7Name: -lk.':h{..~ l rt4:f;,~t.{.,,-
~"". I -:J (1J /". ,
R ed Name 'TIt e: 'bt.;,:, ,. . Li.c:.!.....
of Kite Realty Group Trust, the General
Partner of Kite Realty Group, L.P., the
Si atur Managing Member of KRG 951 & 41,
Kb ~V+ LLC
Printed Name Dated:__tJ.~ 1- ;2.ob"'l
STATE OF ~ )
Jl\/, /l N'\ ) SS:
COUNTY OF 1'JlJA~'~1_. )
~Before, a Notary Public ~r, and for said County and State, personally appeared
:C) ~.1\~1n\ , the ~.... c..t>D Kite Realty Group Trust,
the General Partner of Kite Realty Group, L.P.. the Managing Member of KRG 951 & 41, LLC,
an Indiana limited liability company, who acknowledged the execution of the foregoing
instrument as such onicer for and on behalf of said limited liability company.
Witness my hand and Notarial Se!ll this day of -A(jI / , 2009.
FElICIA JACKSON t1Us. nature)
NOI.';HY Public. 5t.ate of Indiana / .
M,,'oo County -Md.. . {( t1
CCl~"'!1i$$lOn fi 690615 ~
My C:;rl'lmi:Uton hpites I & 6
J,'n~ 17 2016 .
. Q, (pnnted name)
Notary Public
My Commission Expires: County of Residence:
~ (J ~10 M.o(~o{) ~
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OR: 4444 PG: 2~?'
JJt.
IOC .
SIGNATURE PAGE TO
AMENDED DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM
WITNESSES: ABC LIQUORS, INC., a Florida corporation
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Sig ture Name: CWAOlW'
F "BA'.\.., "tir
...3h4r: L. /J1'or/or7
Title: yrl5, tJ.. I.A . LeO
Printed Name
~P0('_d/h.~ Dated: .y/~/ U09
Signature ' ,
t-1'~H"''''L r Nl>..\SC-D
Printed Name
STATE OF ROlt'OA )
) SS:
COUNTY OF bAA...~tG )
Before, a Notary Public in and for said County and State, personally appeared
C"""K'''' €"8,.".s. ~ ,the 'i'rtHO.....-f It CeO of ABC LIQUORS, INC., a
Florida corporation, who acknowledged the execution of the foregoing instrument as such officer
for and on behalf of said limited liability company.
Witness my hand and Notarial Seal this Z day of ~;( .2009.
~ :;
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-
"iJ.' NOfIIy NlIc Slalll oIFb1do (signature)
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.. '" exp;.llMl2I2010
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Notary Public
My Commission Expires: County of Residence:
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OR: 4444 PG: 2533
SIGNATURE PAGE TO IOC
AMENDED DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM m
REALTYNET REAL ESTATE, LLC, a
Florida limited liability company
Sign ure
~iVV) :61,j.;<;,?", Name:
QvJ"'~
Printed Name "- Title:
t:;" ..... '7;,-:ku( Dated: 'I/I{/~~
Signature
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Printed N~
STATE OF )
) SS:
COUNTY OF )
Before, a Notary Public in and for said County and State, personally appeared
, the of REALTYNET REAL
ESTATE, LLC, a Florida limited liability company, who acknowledged the execution of the
foregoing instrument as such officer for and on behalf of said limited liability company.
Witness my hand and Notarial Seal this _ day of ,2009.
(signature) ~ ~j~
(printed name) jrrF
Notary Public
My Commission Expires: County of Residence:
- 11 -
.---. _.__" _H...___
IOC .
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California }
County of .~ -h,. ~ln,., n-
on(l,.",\ '? aO(1 before me, In It-vry- L. Uvk,
Date f C. '. """""tN mee"
personally appeared ()~ 'S tv] (}t. I I S,'O) ct s""",}
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who proved to me on the basis of satisfactory evidence to
be the personis1 whose name(~) is/are subscribed to the
within instrument and acknowledged to me that
he/&Ae!t~IlY executed the same in his/hef4Reir authorized
.AAA__.___~--~~s:1 capacity(iesj, and that by his/~ir signature(el on the
" , MARY l. ORTEGA
l~ Commission # 1708730 instrument the person(s}; or the entity upon behalf of
~ which the person(,,) acted, executed the instrument.
<"'"> ~ !;r-1?~1, ;,' Notory PU/jlie . California ~
Lt"'> z ~~. Santa BaibGra County J
C'-'
J ,..""" MyCorrm.Expr,,,C)eC17,20l0 I certify under PENALTY OF PERJURY under the laws
. . _ ~ y ... ... ... ... _ v '" .... 't:'"V"""......... . . ,.. of the State of California that the foregoing paragraph is
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Though the information below is not required by law; it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attache~ument ~ VC'-e./VYlCM.,L
Title or Type of Document: ..j.i::<-.l~LI) e.--
Document Date: ._,,_. _.__._ Number of Pages: __~,_ _._ -~
Signer(s) Other Than Named Above: __~". .____________~
Capacity(ies) Claimed by Signer(s)
Signer's Name: --,~ Signer's Name:_
[] Individual I--j Individual
[] Corporate Officer - Title(s): [] Corporate Otticer - Title(s):
I ! Partner -I I Limited U General [I Partner - :J L" ited--:J General RIGHT THUMBPRINT
l" Attorney in Fact II Attorney in F ct OF SIGNER
Trustee [] Trustee Top of thumb here
Guardian or Conservator I I Guardia
[] Other: [] Other:
Signer Is Representin
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SIGNATURE PAGE TO
AMENDED DEVELOPER CONTRIBUTION AGREEMENT
US 41 DEVELOPERS CONSORTIUM III
WITNESSES: HABITAT FOR HUMANITY OF COLLIER
COO,,,, I~d' Noo-Profi'
%?i{($&;- Corporation ~
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By: /- /~, /"
Ignature
/!J)(j: K uti jJjpn'i5 Name: Samuel J. Durso. MD.
Printed Name
Title: President
\.~.)o '..........'J ~~n.....A..lo./) Dated: ~ /?; / ocr
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Signature
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STATE OF )
. .
p::; ) SS:
c:::> COUNTY OF ~ )
Before, a Notary Public in and for said County and State, personally appeared Samuel J.
Durso, MD., the President of HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., a Florida
Non-Profit Corporation, who acknowledged the execution of the foregoing instrument as such
officer for and on behalf of said limited liability company.
Witness my hand and Notarial Seal this J:L day of ,2009.
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= '. No. DO 5'0338: = -----
<;'(Jl;' . I (printed name)
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...,~~. L' .,~ (0 Notary Public
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"''''1. OF FLO~~\"
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My Commission Expires: County of Residence:
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IOC
SCHEDULE I
Notice Addresses
Kite Eagle Creek II, LLC With a Copy to: Kite Realty Group
c/o Kite Realty Group Attn: Robert G. Solloway, Esq.
Attn: Eric Strickland 30 South Meridian, Suite 1100
30 South Meridian, Suite 1100 Indianapolis, IN 46204
Indianapolis, IN 46204
KRG 951 & 41, LLC With a Copy to: Kite Realty Group
c/o Kite Realty Group Attn: Robert G. Solloway, Esq.
Attn: Eric Strickland 30 South Meridian, Suite 1100
'-0 30 South Meridian, Suite 1100 Indianapolis, IN 46204
m Indianapolis, IN 46204
l..C">
c-"
- - KRG Eagle Creek IV, LLC With a Copy to: Kite Realty Group
<:.~
p.., c/o Kite Realty Group Attn: Robert G. Solloway, Esq.
""" Attn: Eric Strickland 30 South Meridian, Suite 1100
q< 30 South Meridian, Suite 1100 Indianapolis, IN 46204
q<
q< Indianapolis, IN 46204
- -
lOG
= ABC Liquors, Inc.
Attn: Tom Hartmann
P.O. Box 593688
Orlando, FL 32859
Habitat for Humanity of Collier County, Inc.
Attn: Samuel J. Durso
1145 Tamiami Trail East
Naples, FL 34113
RealtyNet Real Estate, LLC
Attn: Cory Maile
1083 North Collier Blvd., #334
Marco Island, FL 34145
- 13 -
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Exhibit "B" IOC 1
Leqal Description for KRG 951 &. 41 LLC
A PARCEL OF LAND LOCATED IN SECT10N 3, TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF TRACT "0.5.-3" OF TRAIL RIDGE,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44 AT
PAGES 71 THROUGH 77 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE RUN NORTH 89055'57" WEST, ALONG THE NORTH LINE OF
SAID TRACT "0.5.-3", FOR A DISTANCE OF 867.07 FEET TO THE NORTHWEST
CORNER OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 3620 AT PAGES
2872 THROUGH 2876 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA: THENCE RUN SOUTH 04009'46" WEST, ALONG THE WEST LINE OF .
SAID LANDS FOR A DISTANCE OF 163.91 FEET; THENCE RUN SOUTH 02028'03"
00 WEST, ALONG SAID LANDS FOR A DISTANCE OF 36.59 FEET TO THE
m NORTHERL YMOSlWESTERL Y CORNER OF TRACT "C" OF SAID TRAIL RIDGE;
LC") THENCE RUN SOUTH 02030'29" WEST, ALONG THE WESTERLY LINE OF SAID
,.....
- - TRACT "C", FOR A DISTANCE OF 100.09 FEET; THENCE RUN NORTH 90000'00"
<:.9
0... WEST, ALONG THE NORTHERLY LINE OF SAID TRACT "C", FOR A DISTANCE OF
"'-1"' 100.09 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF STATE ROAD
~ #951 (RIGHT-OF-WAY VARIES); THENCE RUN NORTH 02030'29" EAST, ALONG
~
=J"1 SAID EAST RIGHT-OF -WAY LINE, FOR A DISTANCE OF 140.20 FEET; THENCE
- .
0:; RUN NORTH 04012'04" EAST, ALONG SAID EAST RIGHT-OF-WAY LINE, FOR A
c::> DISTANCE OF 640.85 FEET; THENCE RUN SOUTH 89042'14" EAST FOR A
DISTANCE OF 264.66 FEET; THENCE RUN NORTH 15042'49" WEST FOR A
DISTANCE OF 320.41 FEET; THENCE RUN NORTH 35039'44" EAST FOR A
DISTANCE OF 200.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
LINE OF STATE ROAD No. 90 (TAMIAMI TRAIL 200.00 FOOT RIGHT-OF-WAY);
THENCE RUN SOUTH 54020'16" EAST, ALONG SAID SOUTHERLY RIGHT-OF-WAY
LINE, FOR A DISTANCE OF 1,927.32 FEET; THENCE RUN SOUTH 35039'44"
WEST FOR A DISTANCE OF 400,00 FEET TO A POINT ON THE NORTHERLY LINE
OF TRAIL RIDGE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 44 AT PAGES 71 THROUGH 77 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA; THENCE RUN NORTH 54020'16" WEST, ALONG THE
NORTHERLY LINE OF SAID TRAIL RIDGE, FOR A DISTANCE OF 855.70 FEET TO
THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED,
CONTAINING 24.575 ACRES, MORE OR LESS
Leqal Description for Kite Eaqle Creek II LLC
A PARCEL OF LAND LOCATED IN SECT10N 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
-- ..-~_.._~,~._-
Exhibit "B" IOC I
CREEK AS RECORDED IN PLAT BOOK 16, PAGES 30 AND 31 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF U.s. HIGHWAY
NO. 41 AT THE NORTHWESTERLY CORNER OF "CAPRI COMMERCIAL CENTER"
AS RECORDED IN PLAT BOOK 31, PAGES 52 AND 53 AND THE
NORTHWESTERLY CORNER OF "LOT 2 CAPRI COMMERCIAL CENTER REPLAT"
AS RECORDED IN PLAT BOOK 35, PAGE 85 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA FOR A POINT OF BEGINNING. FROM SAID POINT
RUN SOUTH 35039'28" WEST ALONG THE WESTERLY LINE OF SAID "CAPRI
COMMERCIAL CENTER" AND "LOT 2 CAPRI COMMERCIAL CENTER REPLAT", A
DISTANCE OF 272.94 FEET TO THE SOUTHWESTERLY CORNER OF SAID "LOT 2
CAPRI COMMERCIAL CENTER REPLAT"; THENCE RUN SOUTH 54020'32" EAST
ALONG THE SOUTHERLY LINE OF SAID "LOT 2 CAPRI COMMERCIAL CENTER
REPLAT", A DISTANCE OF 171.00 FEET TO THE SOUTHEASTERLY CORNER OF
c::n SAID "LOT 2 CAPRI COMMERCIAL CENTER REPLAT'; THENCE RUN NORTH
("V")
......, 35039'28" EAST ALONG THE EASTERLY LINE OF SAID "LOT 2 CAPRI
C"'-'
COMMERCIAL CENTER REPLAT', A DISTANCE OF 23.00 FEET TO AN
~ INTERSEmON WITH THE SOUTHERLY LINE OF LOT 1 OF SAID "CAPRI
p..., COMMERCIAL CENTER"; THENCE RUN SOUTH 54020'32" EAST ALONG SAID
--
-- SOUTHERLY LINE, A DISTANCE OF 226.05 FEET TO THE SOUTHEAST CORNER
--
-- OF SAID LOT 1; THENCE RUN NORTH 35039'28" EAST ALONG THE EAST LINE
- - OF SAID LOT 1, A DISTANCE OF 165.15 FEET; THENCE RUN NORTH 31038'24"
lOX:
c:> EAST ALONG SAID EAST LINE, A DISTANCE OF 43.40 FEET TO AN
INTERSEmON WITH THE WEST LINE OF LOT 5 OF SAID "CAPRI COMMERCIAL
CENTER"; THENCE RUN SOUTH 04013'24" WEST ALONG SAID WEST LINE, A
DISTANCE OF 300.05 FEET TO AN INTERSEmON WITH THE SOUTH LINE OF
SAID "CAPRI COMMERCIAL CENTER"; THENCE RUN SOUTH 87029'51" EAST
ALONG SAID SOUTH LINE, A DISTANCE OF 0.19 FEET TO AN INTERSEmON
WITH THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 951, COLLIER
BOULEVARD, AS DESCRIBED IN THE ORDER OF TAKING AS RECORDED IN
OFFICIAL RECORDS BOOK 2630, PAGE 2773 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 04010'08" WEST ALONG
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 INTERSEmON 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
- ,.-.---.-'" .-,-",.,,--
IOC I
Exhibit "B"
PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND
THE SOUTHWESTERLY LINE OF SAID PROPERTY DESCRIBED IN OFFICIAL
RECORDS BOOK 2699, PAGE 792, A DISTANCE OF 175.20 FEET TO THE POINT
OF CURVATURE OF A CURVE OF SAID BOUNDARY LINE OF THE PROPERTY AS
DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND SAID
SOUTHWESTERLY LINE OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS
BOOK 2699, PAGE 792, SAID CURVE BEING CONCAVE NORTHEASTERLY AND
HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 33010'23" AND A
CHORD BEARING AND DISTANCE OF SOUTH 70055'44" EAST, 28.55 FEET,
RESPECTIVELY; THENCE RUN EASTERLY ALONG SAID CURVE, AN ARC
DISTANCE OF 28.95 FEET TO THE POINT OF TANGENCY OF SAID CURVE;
THENCE RUN SOUTH 87030'55" EAST ALONG 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
co> BOOK 2699, PAGE 792, AND ALONG THE SOUTH LINE OF THE PROPERTY
.q-o DESCRIBED BY THE ORDER OF TAKING RECORDED IN OFFICIAL RECORDS
......,
C--J BOOK 2605, PAGE 3232 OF SAID PUBLIC RECORDS OF COLLIER COUNTY,
- - FLORIDA, A DISTANCE OF 68.63 FEET TO THE POINT OF CURVATURE OF A
c:.~
0... CURVE OF SAID BOUNDARY LINE OF THE PROPERTY AS DESCRIBED IN
.q-o OFFICIAL RECORDS BOOK 3344, PAGE 260 AND SAID PROPERTY DESCRIBED
.q-o
.q-o BY THE ORDER OF TAKING AS RECORDED IN OFFICIAL RECORDS BOOK 2605,
.q-o
-- PAGE 3232, SAID CURVE BEING CONCAVE NORTHERLY AND HAVING A RADIUS
p:; OF 50.00 FEET, A CENTRAL ANGLE OF 12059'48" AND A CHORD BEARING AND
c:::>
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
CHORD BEARING AND DISTANCE OF NORTH 65010'10" WEST, 38.40 FEET,
RESPECTIVELY; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE RUN
WESTERLY ALONG SAID CURVE AND SAID BOUNDARY LINE OF THE PROPERTY
AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260, AN ARC
DISTANCE OF 38.64 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE
BEING CONCAVE NORTHERLY AND HAVING A RADIUS OF 62.00 FEET, A
CENTRAL ANGLE OF 21053'50" AND A CHORD BEARING AND DISTANCE OF
NORTH 65017'26" WEST, 23.55 FEET, RESPECTIVELY; THENCE RUN WESTERLY
ALONG SAID CURVE AND SAID BOUNDARY LINE OF THE PROPERTY AS
DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260, AN ARC DISTANCE
OF 23.70 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN
NORTH 54020'32" WEST ALONG SAID BOUNDARY LINE OF THE PROPERTY AS
DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260, A DISTANCE OF
236.49 FEET; THENCE RUN SOUTH 02029'06" WEST ALONG SAID BOUNDARY
LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344,
PAGE 260, A DISTANCE OF 174.68 FEET TO THE NORTHEASTERLY CORNER OF
-~--- ______.".,.___._..__.u_..__.~_____ .- ---_.~~-~~-_.._-- --------
Exhibit "B" IOC i~1
"CRYSTAL LAKE TERRACES AT EAGLE CREEK REPLAT' AS RECORDED IN PLAT
BOOK 28, PAGES 72 THROUGH 74 OF SAID PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA; THENCE RUN NORTH 54020'32" WEST ALONG SAID
BOUNDARY LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS
BOOK 3344, PAGE 260 AND THE NORTHEASTERLY LINE OF SAID "CRYSTAL
LAKE TERRACES AT EAGLE CREEK REPLAT", A DISTANCE OF 1052.44 FEET;
THENCE RUN NORTH 35039'28" EAST, A DISTANCE OF 100.00 FEET; THENCE
RUN NORTH 80000'15" EAST, A DISTANCE OF 63.72 FEET; THENCE RUN NORTH
35039'28" EAST, A DISTANCE OF 260.11 FEET; THENCE RUN SOUTH 54020'32"
EAST, A DISTANCE OF 33.46 FEET; THENCE RUN NORTH 35039'28" EAST, A
DISTANCE OF 360.81 FEET; THENCE RUN SOUTH 54015'18" EAST, A DISTANCE
OF 26.69 FEET; THENCE RUN NORTH 35044'42" EAST, A DISTANCE OF 34.06
FEET TO AN INTERSECITON WITH SAID SOUTHWESTERLY RIGHT-OF-WAY LINE
OF U.s. HIGHWAY NO. 41; THENCE RUN SOUTH 54020'32" EAST ALONG SAID
SOUTHWESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 374.76 FEET TO THE
~ SAID POINT OF BEGINNING.
.q<
u-,
C"'CJ CONTAINING 646,291 SQUARE FEET OR 14.84 ACRES OF LAND, MORE OR
- -
~ LESS.
p..,
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",j-< Leaal DescriDtion for KRG Eaale Creek IV LLC
",j-<
. -
0::; BEING A PART OF THE NORTHWEST V4 OF SECITON 3, TOWNSHIP 51 SOUTH,
c::>
RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (THE SHOPS AT EAGLE CREEK
PAD #5 DESCRIPTION)
ALL THAT PART OF SAID SECITON 3, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: COMMENCING AT THE EASTERL YMOST CORNER OF THE PLAT
OF THE SHOPS AT EAGLE CREEK, UNIT ONE, ACCORDING TO PLAT BOOK 25,
PAGES 44 THROUGH 45, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA. THENCE ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF
TAMIAMI TRAIL (U.s. 41) SOUTH 54020'32" EAST 185.50 FEET TO THE POINT
OF BEGINNING; THENCE CONTINUE ALONG SAID 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 RESTRICITONS 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.
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Exhibit "B" IOC 4
Leaal Description for RealtvNet Real Estate LLC
PIN number 00726724107
3 51 26 COMM AT NE CNR TR M-1, N87DEG W 248.62Ff, N02DEG E 271.35Ff,
N02DEG E 35.84Ff, S54DEG E 236.49Ff, ELY 23.70Ff, ALG ARC OF CURVE 2 TT
OF REVERSE CURVE, EL Y 38.64Ff, S04DEG W 154.42Ff TO POB.
Leaal Descriptions for Habitat for Humanitv 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,
C--.J North 00011'20" East 2743.15 feet to the East 114 corner of said Section 12;
od"'
U""') thence continue along said East line of Section 12, North 00027'50" East 894.35
C--.J
- - feet; thence North 89056'55" West, 443.00 feet for a Place of Beginning; thence
co North 89056'55" West, 475.53 feet; thence North 00034'06" East, 490.97 feet;
p...
od"' thence South 89056'55" East, 474.64 feet; thence South 00027'50" West, 490.97
od"' feet to the Place of Beginning; being in the Southwest 114 of the Northeast 114 of
od"'
od"' Section 12, Township 51 South, Range 26 East, Collier County Florida.
- -
p:;
C> 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 114 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 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:
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Exhibit "B" IOC l...~
Commencing at the Southeast corner of Section 12, Township 51 south Range
26 East, Collier Count, Florida; thence along the East line of said Section 12,
North 00011'20" East, 2743.15 fee to the East 1/4 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.
<"'") AND
"""
...,
<"'J The West 112 of the East 112 of the East 112 of the Northwest 1/4 of the Northeast
- - 1/4 of Section 12, Township 51, South, Range 26 East excepting the North 30 feet
~.':>
0.. thereof, which is reserved for road purposes, and The East 112 of the East 112 of
""" the East 112 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.
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Leaal Description for ABC Liauors Inc.
PROPERTY DESCRIPTION A PARCEL OF LAND LYING IN THE NORTH WEST
QUARTER OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST,COLLIER
COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST
QUARTER OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST,
COLLIER COUNTY FLORIDA, THENCE RUN N 89 DEGREES 23' 53" W,
ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 3, FOR A DISTANCE OF 324.27 FEET TO A POINT ON THE
EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 951 (C.R. 951);
THENCE RUN S 35 DEGREES 40'08" W, ALONG SAID EASTERLY RIGHT OF
WAY LINE, FOR A DISTANCE OF 887.72 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN
S 54 DEGREES 20'16" E FOR A DISTANCE OF 439 .95FEET; THENCE RUN
S35 DEGREES 39'44"W FOR A DISTANCE OF 190.00 FEET; THENCE RUN N
54 DEGREES 20'16" W FOR A DISTANCE OF 151.29 FEET THENCE RUN N
02 DEGREES 12'01" E FOR A DISTANCE OF 24.75 FEET; THENCE RUN N 54
DEGREES 33'42" W FOR A DISTANCE OF 201.10 FEET; THENCE RUN N 35
DEGREES 40'36"E FOR A DISTANCE OF 18.22 FEET; THENCE RUN N 54
DEGREES 19'24" W FOR A DISTANCE OF 73.95 FEET TO A POINT ON SAID
EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 951; THENCE RUN N
35 DEGREES 40'08" E, ALONG SAID EASTERLY RIGHT OF WAY FOR A
DISTANCE OF 148.39 FEET TO THE POINT OF BEGINNING OF THE PARCEL
OF LAND DESCRIBED HEREIN.
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EXHIBIT E IDC
DEVELOPER CONTRIBUTION AGREEMENT
ROAD IMPACT FEE LEDGER
, ~~......, I Beginning Balancel- I
DATE PERMIT # CREDIT AMT BALANCE COMMENTS
BeQinning Balance -
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*Each Developer shall receive Road Impact Fee Credits as set forth in attached Exhibit "D"
._.._.w _'_.",_,___"__'W"_"'_'_' -_._-..,_._~..,--,~._--< ~".___~...w_. .,.___~. "-_... .--.-----