Loading...
Agenda 07/22/2008 Item #16B 5Agenda Item No. 16B5 July 22, 2008 Page 1 of 62 EXECUTIVE SUMMARY Recommendation to approve an extension to the due date for the posting of a bond in the US41 Consortium Developer Contribution Agreement (DCA), recorded at O.R. Book 4303, Page 2349 to October 31, 2008. OBJECTIVE: To obtain the Board of County Commissioners' (BCC) approval to extend the bond posting deadline from August 11, 2008 to October 31, 2008 for the US41 Consortium DCA. CONSIDERATION: The Consortium Developers have agreed to fund the design, permitting, ROW acquisition, construction and CEI of the i) at grade intersection improvements at the intersection CR Route 951 and SR Route 41; ii) six lane road improvements from the intersection to Henderson Creek on SR Route 41 and; iii) four lane improvements from Henderson Creek to 0.25 miles east of Naples Reserve Boulevard. The estimated value of the road project is $52,938,385, for which a bond is due by August 11, 2008 by agreement recorded in Book 4303, Page 2349. Due to the current economic conditions, the US -41 Consortium has requested to adjust the project into two phases. County staff is evaluating their proposal. Initial evaluation indicates the phasing will not change the impact to the transportation network and maintains the priority of the intersection improvement first. However, the county transportation staff will continue to evaluate the proposal through the extension period and may offer additional recommendations to the BCC. No certificates of occupancy would be issued inconsistent with the original agreement. No certificates of occupancy will be issued prior to the posting of a bond consistent with the original agreement or proposed change under discussion. The extension will not impact any existing approved capital project or increase the traffic on any public roadways and affords the county and the developer the opportunity to evaluate possible modifications to the DCA. FISCAL IMPACT: There is no material fiscal impact associated with an approval of an extension to the bond posting due date. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This request is appropriate for Board action. Failing this action, consideration will need to be given to amend the agreement, as the Consortium Developers would arguably be in technical breach of their agreement with the County as of August 11, 2008. -JAK RECOMMENDATION: That Board of County Commissioner's (BCC) approve an extension to the bond posting deadline from August 11, 2008 to October 31, 2008 for the US41 Consortium DCA. Prepared By: Nick Casalanguida, Director, Transportation Planning Attachments: 1) Existing approved US41 Consortium DCA in Book 4303, Page 2349 Page 1 of 1 Agenda Item No. 1685 July 22, 2008 Page 2 of 62 file://C:\AgendaTest \Export\ 111- July %2022, %202008\ 16. %2000NSENT %20AGENDA \l ... 7/15/2008 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1685 Item Summary: Recommendation to approve an extension to the due date for the posting of a bond in the US 41 Consortium Developer Contribution Agreement (DCA), recorded at O.R. Book 4303, Page 2349 to October 31, 2008. Meeting Date: 7122/2008 9:00:00 AM Prepared By Nick Casalanguida MPO Director Date Transportation Services Transportation Planning 7/3/2008 11:00:01 AM Approved By Nick Casalanguida MPO Director Date Transportation Services Transportation Planning 7/3/2008 10:59 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 7/3/2008 4:19 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 7/6/2008 9:05 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 7/7/2008 3:23 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/812008 11:12 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management 8 Budget 7/8/2008 1:05 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/812008 4:49 PM file://C:\AgendaTest \Export\ 111- July %2022, %202008\ 16. %2000NSENT %20AGENDA \l ... 7/15/2008 ooe e o U M N Op o d .oho oc u a, M N V K ¢ v9 m J M � w tK yam V m i G'J G J G fV w o N ^� �a t Q7 L N Q rGi o� o� V .ti Agenda Item No. 1665 July 22, 2005 Page 3 of 62 DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS' CONSORTIUM THIS DEVELOPER CONTRIBUTION AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this of]R"et,g, 2007, to be effective as of the date upon which this Agreement is approved by the Board of County Commissioners of Collier County (the "Effective Date "), by and among NAPLES RESERVE, LLC, a Florida limited liability company, KITE EAGLE CREEK H , LLC, an Indiana limited liability company, KRG EAGLE CREEK ►v, LLC, an Indiana limited liability company, KRG 951 & 41, LLC, an Indiana limited liability company, TOUSA HOMES, INC., a Florida corporation, ABC LIQUORS, INC., a Florida corporation, NBC RV, LLC, a Florida limited liability company, NBC LAND HOLDINGS, LLC, a Florida limited liability company, NAPLES BIG CYPRESS MARKET PLACE LIMITED PARTNERSHIP, LLLP, a Florida limited partnership, 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 ") and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County"). All capitalized ItcSrin defined herein shall have the same meaning as set forth in the Collier County Consols" TM-Fee Ordinance, Ordinance No. 2001 -13, as amended. � � � /,-i WHEREAS, the development projects (eac graphically in Exhibit "A" Collier County, Florida; ar t or control portions of the thel "Developments "), identified EPL� d located in unincorporated WHEREAS, LDC SectioT_ 0.02.07.C.4. prow d'e&1r1 t!",bpon approval by the Board of County Commissioners, any applgA. shall enter into \ �Gryivrceable development agreement with Collier County pursuant to the;f Vis JN 3.3220-- 163.3242 or other agreement acceptable to the Board of County Cal ssio }. , n conjunction with the approval of a development order and/or a certificate of public facility adequacy. The effect of the development agreement shall be to bind the parties pursuant to the terms and conditions of the development agreement and the certificate of public facility adequacy in order to insure that adequate public facilities are available to serve the proposed development concurrent with when the impacts of the development occur on the public facilities;" and 0 0 WHEREAS, the Consortium Developers and the County desire to enter into this s Agreement in order to grant to each Developer vested concurrency rights with respect to the Development owned or controlled by it, in exchange for the Consortium Developers fully fimdmg, at their sole cost and expense, the design, permitting, construction, Construction- Engineering and Inspection (CEI), and land acquisition for the Road Project. The Road Project iM2 !E shall consist of (1) at grade intersection improvements at the intersection of CR Route 951 and SR Route 41, (2) six lane road improvements from the intersection of CR Route 951 and SR Route 41 to Henderson Creek, and (3) four lane road improvements fi-om Henderson Creek to 0.25 miles east of Naples Reserve Blvd., all as generally depicted on the Project Overview Map -1- Agenda Item No. 16B5 July 22, 2008 Page 4 of 62 attached as Exhibit "C" and the conceptual cross - sections as set forth in Exhibit "D." All work to be performed in conjunction with the Road Project will be designed and constructed in accordance with the preliminary plans set forth as Exhibit "E," and will be subject to State and County approval. The parties agree that the final plans may change and shall be subject to SFWMD approval. The Road Project improvements shall include bridge, culvert and CR95IfUS -41 intersection improvements as depicted in Exhibit "F" that have been approved by FDOT for general compliance with the US 41 PD &E study. The parties hereto estimate that the total cost of the Road Project is approximately $52,938,385. Irrespective of the actual cost of the Road Project, and as more particularly set forth herein, the Consortium Developers shall be granted the total sum of $28,466,874.46 in Road Impact Fee Credits; and WHEREAS, the County is willing to enter into this Agreement in order to accelerate the improvement of this intersection and road at a cost which the County believes is less than that � which the County could otherwise obtain; and M N WHEREAS, the Transportation Administrator of the County has recommended to the UP Board of County Commissioners that the oad,- Project set forth in this Agreement is in the conformity with the contemplated ir+ r lions to the County's transportation M 1 rc network; and 0 Y' WHEREAS, after re nn by the B and f County Commissioners, the a Board finds and reaffi rms tha a. The I o P oje1 i I with�the contemplated improvements and additions to the C, >- fl i n ste � rr 1 b. The l 'Project, viewed Ian with other existing or other proposed plans, including th se from other dev er I not adversely impact the cash flow or liquidity of the 's road impact accounts in such a way as to frustrate or interfere wit o to�y, .`� going growth- necessitated capital improvements and additions to affsportation system; and C. The Road Project is consistent with both the public interest and with the comprehensive plan, the Long Range Transportation Plan and complies with the requirements of the Collier County Consolidated Impact Fee Ordinance. NOW, THEREFORE, in consideration of Ten Dollars (10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and incorporated herein by reference as if set forth fully below. -2- correct and are hereby expressly Agenda Item No. 1685 July 22, 2008 Page 5 of 62 Developers' Commitments 2. The Consortium Developers will fully fund, at their sole cost and expense, the design, permitting, construction, and land acquisition for the Road Project, and will also provide a County and FDOT approved CEI for the Road Project. The Road Project shall be submitted for review, permitting and inspection through the Collier County Transportation right -of -way department and FDOT through a joint application between Collier County and the Consortium Developers and all comments from the County and State shall be considered. All permit applications will be filed on behalf of the County. Final acceptance shall be consistent with the typical State or County acceptance process for public roads. Any and all construction agreements relating to this Road Project must first be submitted to the County for approval, which approval shall not be unreasonably delayed or withheld. The County reserves the right to .-� require each and every construction agreement relating to the Road Project to contain a clause that would allow for the assignability of the agreement to the County at County's written request, N with such language to be prepared by the Office of the County Attorney, the purpose of which c7 would be to allow the County to complete the Road Project if need be. 3. All property fee s acquired t�r�i s Road Project shall be promptly -°� conveyed to the County in fee s' clear tifxal Ts and encumbrances, made by an °' executed General Warranty De ''ratable for recording, Iht^ general form of which is attached x hereto as Exhibit "G." The onsdiisium evelopers willpay �he costs of any title work and o searches, and shall be responst fe �f� , I 'co--ti ford' rompily removing or curing any liens, encumbrances revealed in of y 2e �r�c of i t ounty shall record each General Warranty Deed in the Publi R {{`�s f e C an a c sts f recording and conveyance shall be paid by the Consort umei elopers. ?, 4. County will co whatever parc�is cm' mbt.'}ie otherwise acquired in a reasonably expedient manner. costs of acquisition s_nb co2emnation (excluding staff time) will be home by the Consorti \I�� elopers. The Couek%dci uowledges that the Consortium Developers are following the curr4tft r w ^ ^T $c study prepared for the applicable project area for right -of -way widths�--i zskanq i 'that the right -of -way takings will be minimal except for land required for water management and turn lanes. 5. Not later than two hundred seventy (270) days after the Effective Date, the Consortium Developers shall post a performance bond acceptable to County as a financial guarantee for the then - estimated total design, permitting, construction, mitigation, CEI and land acquisition cost of the Road Project. The Consortium and County agree to review the performance bond amount at the milestone dates to revise the amount as mutually agreed upon by both parties to reflect the current project engineer's estimate or the construction contract amount. Should the Consortium fail to post the revised bond, then at anytime after thirty (30) days written notice to the Consortium, the County can declare the Consortium to be in substantial breach of this Agreement, in which event (a) the phasing schedule will terminate; (b) the County will call the performance bond; (c) the County will build or cause to be built as much of the Road Project as financially feasible under the existing performance bond, with the Consortium Developers using their best efforts to assist the County's efforts in completing the Road Project, including but not limited to assigning any permits and agreements and completing the conveyance of needed right -of -way; and (d) this Agreement shall terminate in all other respects, -3- Agenda Item No. 1685 July 22, 2008 Page 6 of 62 except that the Consortium shall still be entitled to the Impact Fee credits, but no additional certificates of occupancy shall be granted outside of the last approved completed phase. 6. Within ninety (90) days after written request, Naples Reserve LLC will provide for and grant and dedicate to the County a 100 -foot reservation of rights for an alternative north- south road way east of Collier Blvd. along the west property line of Naples Reserve. Such right - of -way will be in the approximate location as depicted on Exhibit "H." In addition to donating the road right -of -way, Naples Reserve LLC shall provide for the surface stormwater management for a four lane urban section for the portion of the road constructed within the donated right -of -way, and provide drainage structure connections to the limit of the reservation area. The right -of -way shall be donated at no cost to the County as set forth in paragraph 3 above. N 7. The Consortium Developers will abide by a phasing schedule for their respective NDevelopments as set forth in Exhibit "I." Phasing shall be done in accordance with the following Project Milestones. c.; • Upon posting of the M O � �j R Ca nucn ``j • Commencem o Project o • Substanti co! 1 4w- Read- P�roiect` \(all anes open to traffic) Collier County Site Di issued for all projects will be issued until the 8. Each of the management systems, all req Project. The Consortium Devi recommended in the FDOT Management District. is may quantity County Commitments Building permits can be certificates of occupancy Winto their respective water gruality treatment for the Road 3y for the at grade improvements by the South Florida Water 9. The County has determined that the Road Project is an interim improvement consistent with the FDOT PD &E that provides capacity for the Consortium Developers and already vested adjacent developments for a portion of the study area. Accordingly, no additional development approvals that directly impact this segment of US- 41will be granted outside of this Agreement until the Road Project is completed unless otherwise approved by the Board of County Commissioners. Upon completion of the Project, the County shall evaluate the roadway capacity, background traffic and vested trips to determine if any additional approvals may be granted. -4- M LCIA rD C. M 0 c� r O Agenda Item No. 16B5 July 22, 2008 Page 7 of 62 Benefits to Developers 10. In accordance with the phasing schedule, as set forth in Exhibit "I" the Consortium Developers shall receive the sum of $28,466,874.46 in Road Impact Fee credits as set forth in a copy of the Impact Fee Ledgers, attached as Exhibit "J ". 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 submitted. The credits set forth herein shall be applied solely to Road Impact Fees, and shall not offset, diminish or reduce any other charges, fees or other Impact Fees for which the respective Developer, its successors and assigns are responsible in connection with the development of their lands. It is expressly understood that the Impact Fee Credits will be utilized in the order in which the Building Permits are reviewed by the Impact Fee Administration, irrespective of whether Developer assigns all or part of the Development. 11. In accordance Consortium Developers shalt ( "Certificates') vesting each of therein for the purposes of:zn Issuance of these Certificates, respective obligation to pay oat 12. This Agreem agreement under the Florida pi#asing- sci�ecldui as set forth in Exhibit "P' the receive Certifi8a @l-^ f Adequate Public Facilities Za Developmeit s t�xconstruct those units set forth oun `T�anspo ation Concurrency requirements. �iwli nq� relieve tlt,�espective Developers from their not be Act. as a development 13. The burdens of this Agriet`n nt shy%, binding upon, and the benefits of this Agreement shall inure to, all successors in inter 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 link (US-41 from SR951 to Greenway) or 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. 14. 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. -5- Agenda Item No. 1685 July 22, 2008 Page 8 of 62 15. 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. 16. 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 patty 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 -zr' recognized overnight delivery service, or if delivered by Certified Mail, upon actual receipt. M 17. Each Developer shall execute this Agreement prior to it being submitted for c; approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Co a, within fourteen (14) days after the o Effective Date. Developers shall aid sts of r his Agreement. The County shall provide a copy of the recorded t to the Develop upo Zen quest. x 18. In the event c a y to tkn Agre , the parties shall attempt to o resolve such dispute first by�me Aitemative Dispute Resolution Procedure, if any. Followi g tt( can i o u c q, if arty, either party may file an action for injunctive relief it t olli ouzo to enforce the terms of this Agreement, and remedy be' I v d 1:,Ldies available to the parties for the enforcement of the A ent. 7- 19. This Agreement, nstitutes the entire a Yeernextt between the County and the parties with respect to the activitre(`i of in and -5 ,'mei�es and takes the place of any and all previous agreements entered inter �_ 6fgen(d} , 3es hereto relating to the transactions contemplated herein. All prior representatrotis k ngs, 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. 20. 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. 21. 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. U-1 M N V' w M O M C' Agenda Item No. 1665 July 22, 2008 Page 9 of 62 22. 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: DWIgHTA,13ROCK, Clerk ktiast ss ', Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FL RIDA By: _ JAMfS COLETTA, Chairman -7- M N w M x 0 . Agenda Item No 1fiR5 July 22, 2008 Page 10 of 62 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM Spipature p Printed Name L- be c t Printed Name STATE OF COUNTY OFf h' Title: M�4A1 EAxga - of Gulf Coast Naples Reserve, LL.C, the Dated: n Before, a Notary Publ`ik,]� -ao for said r'1 SDL�y T2 ,the Reserve, L Member d€,? _ % company, -who adonowledged the execution oMrfi on behalf-of said limited liability company. Witness my hand and " "w( CINDY L. SMALLWDDD Notary Pubro -State ofFbrida 5 MY Coauaiaaion Ex*w Jun 5, 2009 Commission R DD 416494 Bonded By Nebonal Notary Aaen. My Commission Expires: 6 -,�, ance _WML7 v State, personally appeared of Gulf Coast Maples LLC, a Florida limited liability instrument as such officer for and County of Residence: C'D /// —_ r— M_ C7 o.. M O M a O Agenda Item No. 16B5 July 22, 2008 Page 11 of 62 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: KITE EAGLXQREEK II, LLC, an Indiana limited liaoffil 7pany LIZ By: —Az::0 SSiiggnnature` pCs ame. InoMh5 K_ %lc -C Printed Name (Title: c 0f cr� Signature r f �� ,.. � _._Bated; -_ t�C�[�Y1r ✓� 2 �nn7 Printed Name STATE OF IfKDIA -04 COUNTY OF MA2•�� Before, a Notary PuHli in and for said "h+ornAS K. mccno� , the,'{! LLC, an Indiana limited liability pajtk instrument as such officer for and on lie &Adel State, personally appeared _ of KITE EAGLE CREEK II, I the execution of the foregoing ity company. ,Witneq my hand and Notarial Seal this 2 0 3r"day of CtCL -Q r 2007. ,\Pw� , O. ..........9 ' NOTARY , signature) SEAL ` + PUBLIC ' = �'� (ZctrAh (printed name) •., OF 1NO Notary Public �• ,P, My Commission Expires: &I" 701 2pt L( County of Residence: WIR.�i ovt M cam. C--> 0 M O Agenda Item No. 16B5 July 22, 2008 Page 12 of 62 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: KRG EAGLE CREEK IV, LLC, an Indiana limited liability y By: ignature Dt 1L Printed Name Signature I-r,r, 1wg11U iTa STATE OF COUNTY OF rAA- (a4on) Title: a-1 e 4 2-3.2,66 Before, a Notary Pulal?' e"tn and for said State, personally appeared 'tkomGiS K• MtCCsnax th of KRG EAGLE CREEK IV, LLC, an Indiana limited liab ty n�an i��) ' owledged the execution of the foregoing instrument as such officer for' 7 i�i>bihl -sai` d limited liability company. Witness my hand and Notarial Seal this Z3ra day of 04o6cw 2007. �7 R R I I DAP....... _ lam•., \ P 9 (sigma NOTARY �'.2 * SEAL PUBLIC * (printed name) Notary Public �% OF IND \P���` My (78ttmisst6n Expires: �q l( ? j l2 l`{ County of Residence: MArt6v\, SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: STATE OF (t4D(Ft* COUNTY OF tAA tp(3 Agenda Item No. 16135 July 22, 2008 Page 13 of 62 KRG 951 & 41, , an Indiana limited liability company By: l 16P1Gvn¢79N� ame:711108 q(5 } i C &p,,jA N Title: 1 c t Q� cC►-- Before, a Notary Public in\ and for said Count` an State, personally appeared Rton+GES K MtCaa .art the�� of KRG 951 & 41, LLC, an Indiana limited liability companY,'> a� ged 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 20 day of 00obew- 2007. o "'fit R. qq NOTARY '•� ' jAmture) SEAL+, +man PUBLIC d� •. - (printed name) •11Zi- OF IN' 211 ` Notary Public My Commission Expires: County of Residence: Signature Q. 071 �rocir 1. c� Printed Name % Signature M � O 2noP �( Printed Name O STATE OF (t4D(Ft* COUNTY OF tAA tp(3 Agenda Item No. 16135 July 22, 2008 Page 13 of 62 KRG 951 & 41, , an Indiana limited liability company By: l 16P1Gvn¢79N� ame:711108 q(5 } i C &p,,jA N Title: 1 c t Q� cC►-- Before, a Notary Public in\ and for said Count` an State, personally appeared Rton+GES K MtCaa .art the�� of KRG 951 & 41, LLC, an Indiana limited liability companY,'> a� ged 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 20 day of 00obew- 2007. o "'fit R. qq NOTARY '•� ' jAmture) SEAL+, +man PUBLIC d� •. - (printed name) •11Zi- OF IN' 211 ` Notary Public My Commission Expires: County of Residence: 0 cw7 N 6 C1. e+� 0 C`11 rz 0 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: J �. A i. •. STATE OF SS: COUNTY OF Lee ) Before, a Notary Public in 3�cy�d A. Cobb , the D a Florida corporation, who acknowli officer for and on behalf of said limite Witness my hand and My Commission Expires: �7 - 5 - 2-011 TOUSA HOMES, INC., a Florida cocporatiot By: Agenda Item No. 1685 July 22, 2008 Page 14 of 62 Name: U\L 4 A L Title: 1 ] V tSl M Dated: ( f ' 12, 2,- c.7 County of Residence: L e,✓ appeared IES, INC., as such SARA MALIVA _ Commission DD 684700 Expires July 5, 2D11 eo tiss mo k,. mbamNrArr*I.we M N M O M C' a O WITNESSES-. Printed Name Signature Printed Name STATE OF COUNTY OF Agenda Item No. 1685 July 22, 2008 Page 15 of 62 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM L►Quoxs, INc., a Florida corporation Name:` /✓'O 64-� C-, E I LK S Title: f-O Before, a Notary Publi in and for said Florida corporation, who aclmovvl* hee execution for and on behalf of said Hmited liabittvEomnba v- :ate, personally appeared of ABC LIQuoRs, INC., a instrument as such officer Witness my hand and 'el Seal this 3�- day (signature) My Commission Expires: k a - -1 -o9 (printed name) Notary Public County of Residence: Gc-n�ap JOHN F. BDNIM YY.COMMISSION 1 OD 476M EXPIRES: Dacwdw 7, 2008 a~m win, nao ud. N l� N r•S Q� M O M C' C� WITNESSES: 'wenria Itam Mn 16R5 July 22, 2008 Page 16 of 62 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM NBC RV, LLC, a Florida limited liability company tSignature • �1i -.�i ~1 Q a. .. „� Name: Printed Name Tide:__ L Farr S}.,jL Printed Name STATE OF F(O )/ I COUNTY OF d eA S%40 a Florida limited H lity as such for and on Witness my hand and Ng ,�,.•�;; ;w( CINDY L. SMALLWOOD ''+ Notary Pubk • Smle of Fbdds My Camr'nyion FxpYes Jur 5.2009 ':�.o;n..o Commbaim 0 Do 416494 Bonded 8y NatiaW Notarylwrt. My Commission Expires: &5a<0ng, in and for Public County of Residence: Leo / % "!1- e, Personally appeared Of NBC RV,. LLC, a he foregoing instrument 2007. Item No. 16135 Page 17 of 62 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WTrNESSES: 4 — w ',: Signature c+-a a.o Printed Name w 0 Si LA r Pritlied Name v STATE OF COUNTY OF 154r9,j_�Npjaty ' LLC, a Florida limited liab instrument as such Witness my hand and CINDY L. SwLLWooD NWary Jun 5, 2W9 " ;` Coamssbn t DD 416094 BondeC By National NataryAnn My Commission Expires: n - ,)acv NBC LAND HOLDINGS, LLC, a Florida limited liabilitycompanq By: Name• e. s .� Title: �an a /.: �%....di.- -07 ) OS: P\ in and for said ands" S personally appeared fV of NBC LAND HOLDINGS, _ knowlelle execution of the foregoing ,pqj Seat _ 2007. (ll Notary public County of Residence: 611iPr a.o M N cam. M O M O July 22, 2008 Page 18 of 62 SIGNATURE PAGE TO DEVELOPERCONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM 1. 0. SDignature 'fed Nam Si n STATE OF_ COUNTY O / /' &A MSN�r,�`' Pt LLC, the General Partner of LLLP, a Florida limited p instrument as such Witness my hand and NAPLES BIG CYPRESS MARKET PLACE LIMITED PARTNERsFun, LLLP, a Florida limited partnership BY• Name: Title: 17Z- / ,:a- /4- of Basik DeveloftlierrRC, the General Partner of NAPLES BIG CYPRESS MARKET PI 4CE I dMITED PARTNERS$IP, LLLP C for said C ty and/ S- personally appeared of Basik, Development; RVPR MARK .}Jl -e,CE LimITED PARTNEREMP, %Aackttowl -,* execution of the foregoing this CINDY L. SNIALLWOOD (signature) �' w'' Notary Pubk - State of Florida tiNDOItIInriisi Expires Jun 5, 20W d,° Coimession tl DD 176194 4C.. -- �/1 /•� c'' � �L[ [ duJ - •` " °6;" Bonded By National Nofary Assn. (printed Haute) Notary Public My Commission Expires: County of Residence: LCIIJ M N L7 a M O M a O WITNESSES: Signature Printed ame Signature Printed STATE OF COUNTY OF f ilr-�j Agenda Item No. 16B5 July 22, 2008 Page 19 of 62 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM Title: OL)JA.Cf 1 11( �� . 0(0 Before, a Notary Pu i in and for said a' c th T ESTA E, LLC, a Florida limited ]i il' ( foregoing instrument as such officer for'antt_ t Melia; 0 ,end State, personally appeared of REALTYNET REAL cknowledged the execution of the limited liability company. Witness my hand and Notarial Seal this day of (V oyew%, V+ , 2007. .pRY PUB�i y � (signature) LOIS FRAZIER �F. My QMnaaaasi0Q*xpires: 20// -UJ I S F!ra 2i tr' (printed name) Notary Public County of Residence: /': �,4 n �o �.o M N 6 93� C"I 0 M cY' CJ Agenda Item No, 1665 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: RASrrAT FOR HUMANuy of CoLLIRR COUNTY, INC.,. a Florida Non - Profit Lei Corporation Si tree By: Michel 6 Name: Sam J. Durso- MD. A/ Printed Name �1 ���- SrgnBt 1 1 I A % " 11 STATE OF Leah ZIWdIs)d Title: President Dated: Page 20 of 62 Before, a Notary Public for said County and"S nally appeared Samuel J. Durso, MD., the Pmairimt of RUntANrr �' ER COUNTY, INC., a Florida Non-Profit Corporation, who '1 ex5i �"��o the foregoing instrun eat as such office for and on behalf of said iunited =- — Witness my hand and Notarial Seal this 3 day of DC im 6 PT . 2007. i{ l NORMA LORA -TREJO � (upatum) Wa MYCOMAMSSIONODD590339 '/.'��ii��s Fxelsr s: nu lz�zoio �k'1 /r✓1c1 LOCO— INA). _ My Commission Expires: (printed name) Notary Public County of Residence: n& r— M N M O cif L1i 0 Agenda Item No. 16135 July 22, 2008 Page 21 of 62 SCHEDULEI Notice Addresses Naples Reserve, LLC With a Copy to: Goodlette, Coleman & Johnson 515 Terracina Way Attn: Richard Yovanovich, Esq. Naples, FL 34119 4001 Tamiami Trail North Naples, FL 34103 Kite Eagle Creek 11, 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 ��R C(j; Guth Meridian, Suite 1100 30 South Meridian Suite 1100 Q/ "i\ is, IN 46204 Indianapolis, IN 46204 KRG Eagle Creek IV, LLC C/o Kite Realty Group Attn: Eric Strickland 30 South Meridian, Suite 1 Indianapolis, IN 46204 TOUSA Homes, Inc. 4000 Hollywood Blvd., Ste. 500-N Hollywood, FL 33021 NBC RV, LLC C/O Basik Development Attn: Keith Basik 720 Goodlette Road Naples, FL 34102 Realty Net Real Estate, LLC Attn: Cory Maile 1330 Forrest Court Marco Island, FL 34145 �TIP Habitat for Humanity of Collier County, Inc. Attn: Samuel J. Durso 1145 Tamiami Trail East Naples, FL 34113 to: Kite Realty Group �G Solloway, Esq. ;!� 'dian, Suite 1100 ia�niolik � 46204 Inc. 593688 FL 32859 NBC Land Holdings, LLC C/O Basik Development Attn: Keith Basik 720 Goodlette Road Naples, FL 34102 Naples Big Cypress Market Place Limited Partnership, LLLP C/O Basik Development Attn: Keith Basik 720 Goodlette Road, #305 Naples, FL 34102 %o M N 6 Gy M O M a O Exhibit 'BM Agenda Item No. 16B5 July 22, 2008 Page 23 of 62 Legal Description for Naples Reserve LLC Section 1, Township 51 South, Range 26 East, Collier County, Florida rn a.c M N CJ' Ow CYO �"�,°✓ \ �4 0 Agenda Item No. 16B5 July 22, 2008 Page 24 of 62 Exhibit B Legal Description for KRG 951 & 41 LLC A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF TRACT "O.S. -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 "CV-11 "4 SAID TRACT "O.S. -3", FOR A DISTANCE OF 867.07 FEET TO THE NORTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 3620 AT PAGES 2872 THROUGH 2876 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE RUN SOUTH ?, ALONG THE WEST LINE OF. SAID LANDS FOR A DISTANC FENCE RUN SOUTH 02028'03" WEST, ALONG SAID LAND A DISTANCE O'FEETTO THE a NORTHERLYMOSTWESTZR R OF TRACT "q 0 � SAID TRAIL RIDGE; ° THENCE RUN SOUTH (j 0330) 2 -W ON_gTHEE WESTERLY LINE OF SAID TRACT "C-, WEST, ALONG THEN R i L LI EC FOR A DISTANCE OF 100.09 FEET TO A P OF A' NE OF STATE ROAD #951 (RIGHT -OF -WAI VVARIES); THENCE RIIQI NO�tTF� 30'29" EAST, ALONG SAID EAST RIGHT -OF 1�( LINE, FOR A DISH pT� 40.20 FEET; THENCE RUN NORTH 04012'04" LONG SAID EAST -OF -WAY LINE, FOR A DISTANCE OF 640.85 FEEfj iTl ENCE RUN Sg 42'14" EAST FOR A DISTANCE OF 264.66 FEET; TH�ff�E 11 hl 1504249" WEST FOR A DISTANCE OF 320.41 FEET; THENCEf�UTH 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 54 020'16" 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 54 020'16" 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 cli o.. 0 M c!� 0 Agenda Item No. 16135 July 22, 2008 Page 25 of 62 Exhibit B Legal Descriptions for TOUSA Homes Inc REFLECTION LAKES AT NAPLES PHASE 33 A PORTION OF TRACT RD -4, REFLECTION LAKES AT NAPLES UNIT II (PHASE II & III), AS RECORDED IN PLAT BOOK 46 AT PAGES 33 THROUGH 42 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF TRACT RD-4, REFLECTION LAKES AT NAPLES UNIT II (PHASE II & III), AS RECORDED IN PLAT BOOK 46 AT PAGES 33 THROUGH 42 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THENCE RUN S.00°35'I4 "W. ALONG THE BOUNDARY OF SAID TRACT RD-4, FOR A DISTANC 42 THENCE RUN N.89 °2446 "W. FOR A DISTANCE OF 125.0"E T''b�'THE BOUNDARY OF SAID TRACT RD-4; THENCE RyNj�D 035'14 "E., TRACT RD-4, FOR A DI ANCI -OF 631.76 TANGENTIAL CIRCULAR CI1RVp; N VE RUN NORTHEASTERLY, Ato ALONG THE ARC OF qAI CURV� ),TH 25.00 FEET, THROUG 'A i CHORD OF 37.25 FEETVA BEARING OF I 42.02 FEET TO A POINT.QF REVERSE CUP ALONG THE BOUNDARY'6�-� D TRACT F SAID CURVE TO THE LEFT, H` 93/IN A RAI CENTRAL ANGLE OF 12 059'11"; 9biE I A BEARING OF S.89 035'45 "E., FOR 1S7 OF BEGINNING. PARCEL CONTAINS 1.877 AND ) " BOUNDARY OF SAID T T \THE, BEGINNING OF A THE SOUTHEAST; THENCE tF,�,,*,D ' I ACT RD-4 AND VIN A RADIUS OF �7"'; UBTENDEDBYA °44'33 "E.: /FOR A DISTANCE OF VE�THENCEr RUN EASTERLY, D-4 A 6 ALONG THE ARC OF WS OF'450.00 FEET, THROUGH A QL CHORD OF 97.25 FEET AT KNCE OF 97.46 FEET TO THE POINT ACRES, MORE OR LESS. Agenda Item No. 16135 July 22, 2008 Page 26 of 62 - REFLECTION LAKES AT NAPLES, PHASE 3 MULTI - FAMILY PARCELS TRACT MF -3 AND TRACT MF-4 OF REFLECTION LAKES AT NAPLES - UNIT II (PHASE II & III), ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 46 AT PAGES 33 THROUGH 42 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. UND REFLECTION LAKES AT NAPLES, PHASE 31 N r� N TRACT RD -5, REFLECTION LAKES AT NAPLES UNIT II (PHASE II & III), AS RECORDED IN PLAT BOOK 46 AT PAGES 33 THROUGH 42 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY C=> DESCRIBED AS FOLLOWS: x C(U\ ° BEGIN AT THE NORTHWEStol NER OF TRAC 5., REFLECTION LAKES o AT NAPLES UNIT II (PHE B- ZL-11L AS RECORDERIN �LAT BOOK 46 AT PAGES 33 THROUGH 4' 0� B 0 DS O� COLLIER COUNTY, FLORIDA; THENCE R {V S E U DARY OF SAID TRACT RD -5, FOR A ISf E F(6 8 F T BEGINNING OF A TANGENTIAL CIRCU ODI E0 TAE 0� ;THENCE RUN EASTERLY, ALONG TH UNDARY OF SAI R", AND ALONG THE ARC OF SAID CURVE T LEFT, HAVING II1 ,, F 255.00 FEET, THROUGH A CENTRAL A gLE OF 27 024'13 ", AI�ED BY A CHORD OF 120.80 FEET AT A BEARIN0IF�V $9 032'59" DISTANCE OF 121.96 FEET TO THE END OF SAID CU V N.75 050'52 "E., ALONG THE BOUNDARY OF SAID TRACT RD-5, ANCE OF 212.75 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE SOUTH; THENCE RUN EASTERLY, ALONG THE BOUNDARY OF SAID TRACT RD- 5 AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 545.00 FEET, THROUGH A CENTRAL ANGLE OF 09 046'37 ", SUBTENDED BY A CHORD OF 92.89 FEET AT A BEARING OF N.80 044'11 "E., FOR A DISTANCE OF 93.00 FEET TO THE END OF SAID CURVE; THENCE RUN S.04 022'31 "E., ALONG THE BOUNDARY OF SAID TRACT RD -5, FOR A DISTANCE OF 125.00 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE TO THE SOUTH, FROM WHICH THE RADIUS POINT BEARS 5.04 022'31 "E., A DISTANCE OF 420.00 FEET THEREFROM; THENCE RUN WESTERLY, ALONG THE BOUNDARY OF SAID TRACT RD -5 AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 420.00 FEET, THROUGH A CENTRAL ANGLE OF 09 046'37 ", SUBTENDED BY A CHORD OF 71.58 FEET AT A BEARING OF 5.80 044'11 "W., FOR A DISTANCE OF 71.67 FEET TO THE END Agenda Item No. 1685 July 22, 2008 Page 27 of 62 OF SAID CURVE; THENCE RUN S.75 050'52 "W., ALONG THE BOUNDARY OF SAID TRACT RD-5, FOR A DISTANCE OF 212.75 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE NORTH; THENCE RUN WESTERLY, ALONG THE BOUNDARY OF SAID TRACT RD -5 AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 380.00 FEET, THROUGH A CENTRAL ANGLE OF 27 024'13 ", SUBTENDED BY A CHORD OF 180.02 FEET AT A BEARING OF S.89 032'59 "W., FOR A DISTANCE OF 181.75 FEET TO THE END OF SAID CURVE; THENCE RUN N.76 044'55 "W., ALONG THE BOUNDARY OF SAID TRACT RD -5, FOR A DISTANCE OF 67.88 FEET; THENCE RUN N.13 015'05 "E., ALONG THE BOUNDARY OF SAID TRACT RD-5, FOR A DISTANCE OF 125.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 1.477 ACRES, MORE OR LESS. !;N! N TOGETHER WITH A PORTION OF TRACT RD-3, REFLECTION LAKES AT NAPLES UNIT II �., (PHASE II & III), AS RECORDE 6 AT PAGES 33 THROUGH 42 OF THE PUBLIC RECORDS P r RIDA, BEING MORE PARTICULARLY DESCRIB LLOWS: \ ° BEGIN AT THE NORTH,WE�ST 120MM R rT RD , REFLECTION LAKES AT NAPLES UNIT II (I RflEip V PLAT BOOK 46 AT PAGES 33 THROUGH 12 P Bl I RS 0 COLLIER COUNTY, FLORIDA; THENCE RU I� ° G BDARY OF SAID TRACT RD -3, FOR A DI CE OF 157.50 FEET; RUN 5.76 044'55 "E., ALONG THE BOUNDARI SAID TRACT RD ,� ANCE OF 19.00 FEET TO THE BEGINNIN A TANGENTIAL CI� CURVE, CONCAVE TO THE SOUTHWEST; THEA(C��RUl.SOUTyF�iL , ALONG THE BOUNDARY OF SAID TRACT RY3- ��Aili1 4Lgtt /r/�''VARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 25.OQEEfi,?H�ROUGH A CENTRAL ANGLE OF 77 020'09 ", SUBTENDED BY A CHORD OF 31.24 FEET AT A BEARING OF S.38 004'51 "E., FOR A DISTANCE OF 33.74 FEET TO THE END OF SAID CURVE; THENCE RUN S.00 035'14 "W., ALONG THE BOUNDARY OF SAID TRACT RD -3, FOR A DISTANCE OF 239.42 FEET; THENCE RUN N.77 009'49 "W. FOR A DISTANCE OF 134.56 FEET TO A POINT ON THE BOUNDARY OF SAID TRACT RD -3, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE TO THE WEST, FROM WHICH THE RADIUS POINT BEARS N.64 032'14 "W., A DISTANCE OF 70.00 FEET THEREFROM; THENCE RUN NORTHERLY, ALONG THE BOUNDARY OF SAID TRACT RD -3 AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 24 052'32 ", SUBTENDED BY A CHORD OF 30.15 FEET AT A BEARING OF N.13001 '30 "E., FOR A DISTANCE OF 30.39 FEET TO THE END OF SAID CURVE; THENCE RUN N.00 035'14 "E., ALONG THE BOUNDARY OF SAID TRACT RD -3, FOR A DISTANCE OF 45.39 FEET TO THE BEGINNING OF A tr M N Q. r7 O M O f=) Agenda Item No. 16135 July 22, 2008 Page 28 of 62 TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE WEST; THENCE RUN NORTHERLY, ALONG THE BOUNDARY OF SAID TRACT RD -3 AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 44 010'27 ", SUBTENDED BY A CHORD OF 52.64 FEET AT A BEARING OF N.21 030'00 "W., FOR A DISTANCE OF 53.97 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.644 ACRE, MORE OR LESS. l ,,t l l Agenda Item No. 16135 July 22, 2008 Page 29 of 62 Exhibit B 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 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: c-� N 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 3 , 53 AND THE NORTHWESTERLY CORNE ', CAP' z ERCIAL CENTER REPEAT' AS RECORDED IN PLAT 6 35, PAGE 85 OF lids P *LIC RECORDS OF c COLLIER COUNTY, FLODQ /FOR -A-PO, INT OF BEGINNING. FROM SAID POINT RUN SOUTH 35039'28'] WEST ALONG E WESTERLY\ LINE OF SAID "CAPRI COMMERCIAL CENTEE}" A� LICENTER REPLAY', A DISTANCE OF 272.ZJIF Y� CO�2NER OF SAID "LOT 2 CAPRI COMMERCIAL C �� CE 50tfITH 54 020'32" EAST ALONG THE SOUTHER&ONE OF SAID "LOT2 CAPRJ1 MERCIAL CENTER REPEAT', A DISTANCE 1.00 FEET TO T1 SOM"ENCE STERLY CORNER OF SAID "LOT 2 CAPRI COMMERCIAL CENTER REP T RUN NORTH 35 039'28" EAST ALONG T E� \ ' LY LINS3D "LOT 2 CAPRI COMMERCIAL CENTER REP AT���[I5 f1ijIOF43.00 FEET TO AN INTERSECTION WITH THE SOUTHERLY t3NE OF LOT 1 OF SAID "CAPRI COMMERCIAL CENTER "; THENCE RUN SOUTH 54 020132" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 226.05 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE RUN NORTH 35 039'28" EAST ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 165.15 FEET; THENCE RUN NORTH 31 038'24" EAST ALONG SAID EAST LINE, A DISTANCE OF 43.40 FEET TO AN INTERSECTION WITH THE WEST LINE OF LOT 5 OF SAID "CAPRI COMMERCIAL CENTER "; THENCE RUN SOUTH 04 013'24" WEST ALONG SAID WEST LINE, A DISTANCE OF 300.05 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID "CAPRI COMMERCIAL CENTER'; THENCE RUN SOUTH 87 029'51" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 0.19 FEET TO AN INTERSECTION 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 04 °10'08" WEST ALONG Agenda Item No. 16B5 July 22, 2008 Page 30 of 62 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 85 °02'55" WEST ALONG SAID NORTH LINE, A DISTANCE OF 226.52 FEET TO AN INTERSECTION WITH THE BOUNDARY LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 OF SAID PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 04 057'05" 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 35 039'28" 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 54 020'32" EAST ALONG SAID BOUNDARY LINE OF THE N PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND THE SOUTHWESTERLY LINE OF SAID PROPERTY DESCRIBED IN OFFICIAL per,, RECORDS BOOK 2699, PAGE 792, A DISTANCE OF 175.20 FEET TO THE POINT C., OF CURVATURE OF A CURVE 0 RY LINE OF THE PROPERTY AS C°, DESCRIBED IN OFFICIAL E 260 AND SAID SOUTHWESTERLY LINE PROPERTY DE BED IN OFFICIAL RECORDS a BOOK 2699, PAGE 792, AI ZURVEBEING CON E NORTHEASTERLY AND HAVING A RADIUS OF 0. e 0 ANGL OF 33 010'23" AND A CHORD BEARING ANQ� DI " EAST, 28.55 FEET, RESPECTIVELY; THENCE U �' A D CU VE, AN ARC DISTANCE OF 28.95 T ` CYq F SAID CURVE; THENCE RUN SOUTH 70 0'55" EAST ALO Q B, DARY LINE OF THE PROPERTY AS DESCRI �N ^OFFICIAL REC,S 3344, PAGE 260 AND THE SOUT AIR LINE IR PROPERTY DE BE IN OFFICIAL RECORDS BOOK 2699, PAGE 792, A %MQNG THE SO OF THE PROPERTY BOOK 2605, PAGE 32032 R ER REV IN OF SAID PU ' S OF COLLIER LCOUNTY,S FLORIDA, A DISTANCE OF 68.63 FEET TO THE POINT OF CURVATURE OF A CURVE OF SAID BOUNDARY LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND SAID PROPERTY DESCRIBED BY THE ORDER OF TAKING AS RECORDED IN OFFICIAL RECORDS BOOK 2605, PAGE 3232, SAID CURVE BEING CONCAVE NORTHERLY AND HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 12 059'48" AND A CHORD BEARING AND DISTANCE OF NORTH 85 059'11" 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 04 057'05" 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 22 008'22" AND A M N o.. M O M Q` a 0 Agenda Item No. 1685 July 22, 2008 Page 31 of 62 CHORD BEARING AND DISTANCE OF NORTH 65 010'10" 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 21 053'50" AND A CHORD BEARING AND DISTANCE OF NORTH 65 017'26" 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 54 020'32" 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 02 °29'06" 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 CRYSTAL LAKE TERRACES AT E LAT AS RECORDED IN PLAT BOOK 28, PAGES 72 THRO�J CORDS OF COLLIER ,COUNTY, FLORIDA; THE N NORTH 54°2 2% WEST ALONG SAID BOUNDARY LINE OF THE PROF BOOK 3344, PAGE 26 LAKE TERRACES AT E THENCE RUN NORTH RUN NORTH 80 000'1! 35 °39'28" EAST, A Dl EAST, A DISTANCE 0 DISTANCE OF 360.81 OF 260.11 F FEET; THEM "HENCE RUN IEl� IN\OFFICIAL RECORDS Y EbF SAID "CRYSTAL CE\OF 1052.44 FEET; 0 100.00 FEET; THENCE .Z� F ; THENCE RUN NORTH HENIgUN SOUTH 54 °20'32" /NP9T/H 35 039'28" EAST, A ,1.�5�45'15'18" EAST, A DISTANCE OF 26.69 FEET; THENCE RUN�j?JORTH 3 ,�Sf, A DISTANCE OF 34.06 FEET TO AN INTERSECTION$10.IQ ESTERLY RIGHT -0F -WAY LINE OF U.S. HIGHWAY NO. 41; THENCE-RUN-SOUTH 54 °20'32" EAST ALONG SAID SOUTHWESTERLY RIGHT -0F -WAY LINE, A DISTANCE OF 374.76 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 646,291 SQUARE FEET OR 14.84 ACRES OF LAND, MORE OR LESS. Agenda Item No. 1685 July 22, 2008 Page 32 of 62 Exhibit B Legal Description for KRG Eagle Creek IV LLC BEING A PART OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (THE SHOPS AT EAGLE CREEK PAD #5 DESCRIPTION) ALL THAT PART OF SAID SECTION 3, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EASTERLYMOST CORNER OF THE PLAT OF THE SHOPS AT EAGLE CREEK, UNIT ONE, ACCORDING TO PLAT BOOK 25, N PAGES 44 THROUGH 45, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. nom, THENCE ALONG THE SOUTHWESTERLY RIGHT -OF -WAY LINE OF TAMIAMI TRAIL (U.S. 41) SOUTH 54 °20 EET TO THE POINT OF C° BEGINNING; THENCE CO I OF-WAY LINE SOUTH `�' S4 °2032" EAST 193.09 F ENCE LEAVIN A'i ,LINE SOUTH 35 °3928" a WEST 123.00 FEET; T�HE NC 54 °20'32" W 1 ,93.09 FEET; THENCE ° NORTH 35 039'28" EAST 123. �E I `AF BEGINNING. CONTAINING 0.55 ACR / � 49�SQUARE FEET MORE OR LESS. SUBJECT T M� A C�ILNS OF RECORD. BEARINGS ARE BASE t6 NE II AI LAT OF THE SHOPS AT EAGLE CREEK, UNIT E, BEING SO 40 31- Agenda Item No. 16135 July 22, 2008 Page 33 of 62 Exhibit B Legal Description for ABC Liquors 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 N FLORIDA, THENCE RUN N 89 DEGREES 23' 53" W, ALONG THE NORTH LINE OF N 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 w 951 (C.R.. 951); THENCE RUN S 35 DEGREES 40'08" W, ALONG SAID EASTERLY M RIGHT OF WAY LINE, FOR A DIST _ Z2 FEET TO THE POINT OF BEGINNING OF THE PARCE CRIBED; THENCE RUN S 54 DEGREES 20'16" E FOR A ISTA CE OF 439 .9 THENCE RUN S35 a DEGREES 39'44 "W FOR DIAAJCE OF 190.00 FEET; T�ENCE RUN N 54 ° DEGREES 20'16" W FO A. ISTWNCE� Of M729 FEE[ THENCE RUN N 02 DEGREES 12'01" E FO A EN CE RUN N 54 DEGREES 33'42" W FOR I N 0 I' HENCE RUN N 35 DEGREES 40'36 "E FOf A DIS7 IV I���t2 FE�T�CE RUN N 54 DEGREES 19'24" W FO.(t '� DISTANCE OF 7"5 FEET �TC � POINT ON SAID EASTERLY RIGHT OF W, '2 INE OF COUNTY AD 95� THENCE RUN N 35 DEGREES 40'08" E, ALONO;SAID EASTERLY RIGtjTOF WAY FOR A DISTANCE OF 148.39 FEET TO THE P BEG, _INNIfI6 #'THE PARCEL OF LAND DESCRIBED HEREIN. �I� �'R�' 0 M N V Q� M O f+7 C> O Agenda Item No. 1665 July 22, 2008 Page 34 of 62 Exhibit B Legal Description for RealtyNet Real Estate LLC PIN number 00726724107 Legal 3 5126 COMM AT NE CNR TR M -1, N87DEG W 248.62FT, NO2DEG E 271.3517T, NO2DEG E 35.84FT, S54DEG E 236.49FT, ELY 23.70FT, ALG ARC OF CURVE 2 TT OF REVERSE CURVE, ELY 38.64FT, SO4DEG W 154.42FT TO POB. I C [4? Agenda Item No. 16B5 July 22, 2008 Page 35 of 62 Exhibit B Legal Descriptions for Naples Big Cypress Market Place Limited Partnership, LLLP PARCEL "A" LEGAL DESCRIPTION (OFFICIAL RECORDS BOOK 2812, PAGE 2151 A PARCEL OF LAND LYING IN THE EAST 1/2 OF THE EAST 1/2 OF THE EAST 1/2 OF SECTIONIB, TOWNSHIP 51 SOUTH, RANGE 27 EAST LYING NORTH OF U.S. 411 COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS N FOLLOWS: w 0 M a 0 COMMENCING AT A POINT, EAST SECTION LINE OF SE( COLLIER COUNTY, FLORID) AND BEING THE POINT THENCE NORTH 54019'26" U.S. 41 FOR A DISTANCE O NON - TANGENT CURV T HAVING A RADIUS 0 36 WHICH BEARS NOR rl_ FEET FOR AN ARC DI C 236.98 FEET, THENCE S�! OF THE AFOREMENTIONED EAST, THENCE SOUTH 000: DISTANCE OF 704.02 FEET SAID POINT BEING THE INTERSECTION OF THE =TI 51 SOUTH, RANGE 27 EAST, OF -WAY LINE OF U.S. 41 GINNING OF THE -� DESCRIBED PARCEL. = �.^,NG TH NORTH RIGHT- OF-WAY LINE OF #52`s FEh JE POINT OF CURVATURE OF A IiTH€ ARC OF SAID CURVE NDED BY A CHORD 594 A f}STANCE OF 217.41 OF 220.85 FEET, T�ENC�700RTH 00033'23" EAST 89026'37" EAS*303 S &EET TO THE EAST LINE :CTION 18, TOW ".IR)51 SOUTH, RANGE 27 " N/ ST AL DAIC 54IDSECTION LINE OF A CONTAINING 4.30 ACRES, MORE OR LESS. TOGETHER WITH LEGAL DESCRIPTION (A PORTION OF OFFICIAL RECORDS BOOK 2947, PAGE 386) A PARCEL OF LAND LYING IN THE EAST 1/2 OF THE EAST 1/2 OF THE EAST 1/2 OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST LYING NORTH OF U.S. 41, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULALRLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT, SAID POINT BEING THE INTERSECTION OF THE EAST SECTION LINE OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, Agenda Item No. 1685 July 22, 2008 Page 36 of 62 COLLIER COUNTY, FLORIDA AND THE NORTH RIGHT -OF -WAY LINE OF U.S. 41; THENCE NORTH 00032'17" EAST, ALONG SAID EAST LINE OF SECTION 18, 704.02 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE NORTH 89026'36" WEST, 303.51 FEET; THENCE NORTH 00033'23" EAST, 15.00 FEET; THENCE SOUTH 89026'36" EAST, 303.51 FEET TO THE EAST LINE OF THE AFOREMENTIONED SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, THENCE SOUTH 00032'17" WEST ALONG SAID EAST SECTION LINE, 15 FEET TO THE POINT OF BEGINNING. CONTAINING 4.553 SQUARE FEET, MORE OR LESS. BEARINGS BASED ON THE EAST SECTION LINE OF SECTION 18, TOWNSHIP 51 o SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA AS BEING NORTH N 00032'17" EAST. w TOTAL ACREAGE: 4.40 ACRES, MORE OR LESS. o tIR co v PARCEL "B" a LEGAL DESCRIPTION o (OFFICIAL RECORDS BOO 281; -P ) _ A PARCEL OF LAND LYIN I E / 1/2 OF THE EAST 1/2 OF SECTION 18, TOWNS Fifj� 27 14 G NORTH OF U.S. 411 COLLIER COUNTY, FLORIDA, AND BEING MARE P RJ RLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINTj, � INT BE TJJiE INTERSECTION OF THE EAST SECTION LINE OF SECTION SH. 1 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA AND TH ARIGHT -OF -WAY LINE OF U.S. 41; THENCE NORTH 54019'26" WEST ALONG SAID NORTH RIGHT- OF-WAY LINE OF U.S. 41 FOR 535.53 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 54019'26" WEST ALONG SAID NORTH RIGHT -OF -WAY LINE FOR 265.69 FEET; THENCE NORTH 00030'21" EAST 606.58 FEET; THENCE SOUTH 89029'39" EAST 200.00 FEET; THENCE SOUTH 00030'21" WEST 7.96 FEET TO THE POINT OF CARVATURE OF A NON - TANGENT CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 50.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 04032'11" WEST AND A CHORD DISTANCE OF 85.20 FEET FOR AN ARC DISTANCE OF 101.99 FEET, TO A POINT OF REVERSE CURVATURE, THENCE ALONG THE ARC OF SAID CURVING HAVING A RADIUS OF 40.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 41043'39" EAST AND A CHORD DISTANCE OF 16.87 FEET FOR AN ARC DISTANCE OF 16.99 FEET; THENCE SOUTH 29033'26" EAST 50.76 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE ALONG THE ARC Agenda Item No. 1685 July 22, 2008 Page 37 of 62 OF SAID CURVE HAVING A RADIUS OF 276.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 14 030'01" EAST AND A CHORD DISTANCE OF 143.40 FEET FOR AN ARC DISTANCE OF 145.06 FEET TO A POINT TANGENCY; THENCE SOUTH 00033'23" WEST 312.84 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 276.31 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 18006'59" WEST AND A CHORD DISTANCE OF 166.72 FEET FOR AN ARC DISTANCE OF 169.36 FEET TO THE POINT OF BEGINNING. CONTAINING 3.94 ACRES, MORE OR LESS. BEARINGS BASED ON THE EAST SECTION LINE OF SECTION 18, TOWNSHIP 51 m SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA AS BEING NORTH N 00032'17" EAST. n.. C.-, PARCEL "D" �{ R. Cor LEGAL DESCRIPTION (OFFICIAL RECORDS B , PAGE 2152)x\ ° PARCEL IN WEST 1/2 OF j E 2 OF SECTI ©N 7; BEGINNING AT THE SOUTHWEST CORNER, SE '20 EAST 1271.72 FEET TO CONCRETE MONUME%T N .`-WAY OF HWY. 41. THENCE NORTH 0003 � T '7 MONUMENT ON '4� NORTH RIGHT -0F -WA" HWY. 41, BEIN I GINNING, THENCE SOUTH 53055'40" EAS ,4QNG NORTH RI OF WAA�%/ LINE 512.45 FEET TO POINT IN CENTER LINE P.RB SED ROAD, THE f D10RTH 36 004'20' EAST 402.6 FEET TO POINT IN CR NE OF �9ENCE NORTH 88044'00" WEST 657.56 FEET 1J �iTLT�'IEN UTH, 00037'45' WEST TO POINT OF BEGINNING, ALL THE ABOVE BEING IN SECTION 17, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE EAST 30 FEET CONVEYED TO COLLIER COUNTY IN O.R. BOOK 801, PAGE 1079 FOR ROAD RIGHT -0F - WAY. CONTAINING 9.47 ACRES MORE OR LESS. BEARINGS ARE BASED ON THE NORTH RIGHT -OF -WAY LINE OF US 41 AS BEING SOUTH 53'55 '40 'EAST. *AG Zoning Parcel Agenda Item No. 16135 July 22, 2008 Page 38 of 62 Exhibit B Legal Description for NBC RV, LLC PARCEL-F" LEGAL DESCRIPTION (OFFICIAL RECORDS BOOK 2947, PAGE 386) A PARCEL OF LAND LYING IN THE EAST 1/2 OF THE EAST 1/2 OF THE EAST 1/2 cr OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST LYING NORTH OF U.S. � 41, COLLIER COUNTY, FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED cv AS FOLLOWS: 6 °" COMMENCING AT A POINT. SAID THE INTERSECTION OF THE o EAST SECTION LINE OF SE l SOUTH, RANGE 27 EAST. COLLIER COUN TY FLORIDA, THE NORTH ­QF -WAY LINE OF U.S. 41,THENCE N.00032'17� %E. DISTA C�EO_F 704.0 �LO G THE EAST LINE OF CD SAID SECTION 18, TOOTH POIf :ZF B€GIFf fNG THEN�E N.89 026'36 "W, A DISTANCE OF 303.51 E "Y A' OF BASIK ROAD.; THENCE N.00033'23 TE., I A C€ Q 7 6 FEET jT0 THE POINT OF CURVATURE OF A CUR?dE��' Er._� VIN, US OF 360.00 FEET, A CENTRAL ANGLE OF 3M '49", A CHORD BEWiZ gi;�/14°30'0I W AND A CHORD LENGTH OF 18 FEET; THENCE ;ifG, ARC OF SAID CURVE:, AN ARC LENGTH OF 18 j ET TO THE POINT'OR.TT,ANGENCY OF SAID CURVE:; THENCE N.29033" i;J" .. _DI_S_T_A��,, iO ,50.76 FEET TO A POINT ON A CURVE: TO THE RIGHT. �- 1k�sRAD1699Z. 40.00 FEET. A CENTRAL ANGLE OF 24020'0 1, A CHORD BEARING-OFFN.17023 "27 "W AND A CHORD LENGTH OF 16.86 FEET; THENCE ALONG THE ARC OF SAID CURVE:, AN ARC LENGTH OF 16.99 FEET TO THE POINT. OF REVERSE CURVATURE OF A CURVE: TO THE LEFT, HAVING: A RADIUS OF 50.00 FEET. A CENTRAL ANGLE OF 111049'11 ", A CHORD BEARING OF N.61 007'11 "W. AND A CHORD LENGTH of 82.82 FEET; THENCE ALONG THE ARC OF SAID CURVE:, AN ARC LENGTH OF 97.58 FEET TO THE END OF SAID CURVE:; THENCE N.00030'21 "E.. A DISTANCE OF 2203.66 FEET, THENCE S.88015'58 "E., A DISTANCE OF 456.89 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 18; THENCE S.00032'17 "W, A DISTANCE OF 2550.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 25.7 ACRES, MORE OR LESS. Agenda Item No. 16135 July 22, 2008 Page 39 of 62 LEGAL DESCRIPTION (A PORTION OF OFFICIAL RECORDS BOOK 2947, PAGE 386) A PARCEL OF LAND LYING IN THE EA5 T 1/2 OF THE EAST 1/2 OF THE EAST 1/2 OF SECTION 78, TOWNSHIP 51 SOUTH, RANGE 27 EAST LYING NORTH OF U.S. 4 1, COLLIER COUNTY. FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT. SAID POINT BEING THE INTERSECTION OF THE EAST SECTION LINE OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST. COLLIER COUNTY. FLORIDA AND THE NORTH RIGHT -OF -WAY LINE OF U.S. 41; m THENCE N. 00'32.17 E., ALONG SAID EAST LINE OF SECTION 18, 704.02 FEET N TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE N. 8976'36"W" 303.51 FEET, THENCE N. 00'33'23 " E., 15.00 FEET; THENCE S. w 89-26'36- E., 303.51 FEET TO THE EAST LINE OF THE AFOREMENTIONED SECTION 18, TOWNSHIP 51 SOLF EAST, THENCE S. 00'32'17" W o ALONG SAID EAST SECTIOI�4� . t(' E POINT OF BEGINNING. r,~ CONTAINING 4,553 SnIIA /Fi ,!ETrMORE OF�LES o BEARINGS BASED ON /THE_., `*,11 —� ECTiON 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST © ER(U p�R�A AS!BEING N. 00'32'17" E. TOTAL ACREAGE: 25.f�CRES, MORE OR LESS d� �F�II� CI I- rO Agenda Item No. 16B5 July 22, 2008 Page 40 of 62 - Exhibit B Legal Descriptions for NBC Land Holdings, LLC LEGAL DESCRIPTION PARCEL "1" BEING A PART OF SECTION 18, TOWNSHIP 51, SOUTH RANGE 27 EAST, COLLIER COUNTY, FLORIDA. COMMENCING AT THE NORTHEAST CORNER OF SECTION 18, � TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY N FLORIDA. THENCE NORTH 88004'41" WEST ALONG THE NORTH LINE OF SAID SECTION A DISTANCE OF 657.48 FEET TO THE POINT OF BEGINNING. THENCE LEAVING SAID SECTION LINE SOUTH 00029'48" WEST A DISTANCE OF 968.59 FEE € RTH 88008'57" WEST A o DISTANCE OF 328.61 FEET' off ' 4" EAST A DISTANCE OF 969.00 FE E INTERSE SAID NORTH LINE OF SECTI UTH 88004'4" ALONG o SAID SECTION LINE AA ANC F` 8.7 'FE q THE POINT OF BEGINNING OF SAID rER ,,�( i CONTAINING 7.3 ACRI_5 ALE C - !r SUBJECT TO EASEMEN &� ESTRICRONS A O REiiRVATIONS OF RECORD. BEARINGS BASED ON THEVNO LINE OF TOWNSHIP 51 SOUTH, RAN x_� �11 FLORIDA, AS BEING NORTH 88 04�YL-W '' *Industrial /AG Parcel LEGAL DESCRIPTION NAPLES BIG CYPRESS LAND CONDOMINIUM - UNIT B A PARCEL OF LAND LYING WITHIN SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA: THENCE SOUTH 00032'17" WEST, ALONG THE EAST LINE OF SAID SECTION 18, A DISTANCE OF Agenda Item No. 16135 July 22, 2008 Page 41 of 62 681.42 FEET, THENCE NORTH 88016'01" WEST, A DISTANCE OF 456.89 FEET; THENCE SOUTH 00 030'21" WEST, A DISTANCE OF 995.72 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE SOUTH 00030'21" WEST, A DISTANCE OF 603.18 FEET, THENCE NORTH 89029'39" WEST, A DISTANCE OF 200.00 FEET THENCE NORTH 00 030'21" EAST, A DISTANCE OF 603.18 FEET; THENCE SOUTH 89 029'39" EAST, A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING. CONTAINING 120,636 SQUARE FEET OR 2.77 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS AND /OR RESERVATIONS OF RECORD. m BEARINGS BASED ON THE EAST LINE SECTION 18, TOWNNSHIP 51 SOUTH, N RANGE 27 EAST, COLLIER COUNTY, FLORIDA, AS BEING SOUTH 00'32 '17 WEST. a *Industrial Parcel ° DER Co AND a 0 LEGAL DESCRIPTION PARCEL %E Q �� J i A PARCEL OF LA iH IJ�OF � 1/2 OF THE EAST 1/2 OF SECTION 18, TOWN`S�gf 51 SOUTH. RA . 27 LYING NORTH OF U.S. 41, COLLIER COUNTY, FLORIDA, AND BEING NIORE� hCULARLY DESCRIBED AS FOLLOWS: i 0't - \� COMMENCING AT A POINT, SAI Y7 BER G THE INTERSECTION OF THE EAST SECTION LINE OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA AND THE NORTH RIGHT -OF -WAY LINE OF U.S. 41, THENCE N.00032 '17 "E. A DISTANCE OF 704.02 FEET ALONG THE EAST LINE OF SAID SECTION 18, THENCE N.89026'36 "W. A DISTANCE OF 303.51 FEET TO THE EAST .RIGHT -OF -WAY OF BASIK ROAD.; THENCE N00033'23 "E. A DISTANCE OF 75.86 FEET TO THE POINT OF CURVATURE OF A CURVE: TO THE LEFT; HAVING A RADIUS OF 360.00 FEET, A CENTRAL ANGLE OF 30006'49 ", A CHORD BEARING OF N.14030'01 "W. AND A CHORD LENGTH OF 187.04 FEET; THENCE ALONG THE ARC OF SAID CURVE. AN ARC LENGTH OF 189.21 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE N.29033'26 "W., A DISTANCE OF 50.76 FEET TO A POINT ON A CURVE: TO THE RIGHT, HAVING A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 24070'0 ", A CHORD BEARING OF N.17023 427 "W. AND A CHORD LENGTH OF 16.86 FEET; THENCE ALONG THE ARC OF SAID CURVE. AN ARC LENGTH OF 16.99 FEET TO THE POINT OF 00 00 M N C7 M O M O Agenda Item No. 1665 July 22, 2008 Page 42 of 62 REVERSE CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 111049'11 ", A CHORD BEARING OF N.61007'11"W. AND A CHORD LENGTH OF 82.82 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 97.58 FEET TO THE END OF SAID CURVE; THENCE N.00030'21 "E., A DISTANCE OF 7.96 FEET, THENCE N. 00030 21 "E., A DISTANCE OF 1600.00 FEET TO THE POINT OF BEGINNING; THENCE N.89029'39 "W. A DISTANCE OF 200.00 FEET; THENCE N.00030 21" E. A DISTANCE OF 600.00 FEET; THENCE S. 88015'58 "E. A DISTANCE OF 200.00 FEE, THENCE S. 00030'21 "W A DISTANCE OF 595.72 FEET TO THE POINT OF BEGINNING. CONTAINING 2.74 ACRES MORE OR LESS *Industrial Parcel Co -1E CAW Agenda Item No. 16135 July 22, 2008 Page 43 of 62 Exhibit B Legal Descriptions for Habitat for Humanity of Collier County Parcel 1: Commencing at the Southeast corner of Section 12, Township 51 South, Range 26 East, Collier County Florida, thence along the East line of said Section 12, North 0001120" East 2743.15 feet to the East 1/4 corner of said Section 12; thence continue along said East line of Section 12, North 00027'50" East 894.35 C7% feet; thence North 89056'55" West, 443.00 feet for a Place of Beginning; thence � North 89 056'55" West, 475.53 feet; thence North 00 034'06" East, 490.97 feet; N thence South 8905655" East, 474.64 feet; thence South 00027'50" West, 490.97 c� feet to the Place of Beginning; being in the Southwest 1/4 of the Northeast 1/4 of p- Section 12, Township 51 South,,.R ' G�t'Collier County Florida. AND � Chi o Parcel 2; Commencing at the �u a �n�own hip 51 South, Range 26 East, Collier Coun ida c th E h' of said Section 12, North 00011'20" East, 2743.15 feet to the East'/4 icom&/of said Section 12; thence continue along `sal4\1East line of Secti �-a bearing of North 00 027'50" East, 894.35 -lo a set tack; therice u North 89056'55" West for 918.53 feet to a set iron pin,6er)irsurvey ca's73 which is the Point of Beginning; thence run North 8990 I�Ve�fo�443.98 feet to the West line of the Southeast 1/4 of the Northeast fsaid`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 1/4 of the Northeast 1/4 of said Section 12 which is marked by a iron pipe with Survey Cap #LS 4273; thence along said North line run South 89056'55" East, 443.00 feet to a set iron pin with Survey Cap #LS 4273; thence South 00026'50" West for 490.08 feet to the Point of Beginning; being in the Southeast 1/4 of the Northeast '/4 of Section 12, Township 51 South, Range 26 East Collier County Florida. AND Parcel 3: TOGETHER WITH A Non - exclusive access easement for the benefit of Parcel 1 over and across to Southerly thirty (30) feet of the following described property: Agenda Item No. 1685 July 22, 2008 Page 44 of 62 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 00 011'20" East, 2743.15 fee to the East 1/4 comer of said Section 12; thence continue along said East line of Section12, North 00 027'50" East, 894.35 feet for a Place of Beginning; thence North 8905655" West, 443.00 feet; thence North 00 034'06" 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 UP File Number 1302 -5 -1164 w ° The West 1/2 of the East ' /2 sE{/zco � 1/4 of Section 12, Towns h5�outh, Range 2 a 9&� thereof, which is reserved f rposes, and o the East 1/2 of the No west 1 e o 1/4 South, Range 26 East, ex road purposes, of the IPu is e r s f 1, 1/4 of the Northeast ting the North 30 feet 1/2 of the East 1/2 of on 12, Township 51, which is reserved for 1- rn M N C7 R� M O M c7� O Agenda Item No. 1665 r � �� t � (� N N p] O co 0 O N Z" T N -Cj N C U1 ZJ) M Ol M N L7 Q. M O M Q' O �x x �' x -�r III ` :. Amp"WAO r was 1>41 . ry JI }: � \ Ag�ida Item N July if W I ( li y l it i r I r. I �•r' el ,�, 1 .. G mow• ., ff" a ; i �+ Vol�Z ff t�� •M ��� �: �! } � ,•fir %•' �F. I� ff , If i� k l� A r ., a 1 0 i'�1 Y II 1 � 1` IM►''!r. f f � X4'1 t �V9Nemil� 85 y; ti 7 Q8 2 mw N. f , .e90�► fd ap �� 1� y \• - � -171 . bell. � k 0� `\ *. r r- .. '►,7 MR ✓ - PROJECT:: PARCEL: FOLIO: Agenda Item No. 16135 July 22, 2008 Exhibit G Page 58 of 62 WARRANTY DEED THIS WARRANTY DEED made this day of 20_, by, whose post office box is , (hereinafter referred to as "Grantor") to COLLIER COUNTY, a political subdivision of the State of Florida, whose post office address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as "Grantee "). N (Wherever used herein the terms "Grantor" and "Grantee" include all the nom. parties to this instrument and their res a Ive heirs, legal representatives, successors M and assigns. Grantor and Gra -fir( �C/ singular or plural, as the context requires ti� �� a WITNESSETH: Th th Gra r, for and in ns eration of the sum of Ten ° Dollars ($10.00) and he va le ns ration receipt whereof is hereby acknowledged, hereby g nts is s, releases, conveys and confirms unto the Grantee, tat i i I e iS olli r County, Florida, to wit: attached Exhib I �� rated herein by re e. Subject to easemem re¢ @ndyeservations of record. THIS HOMESTEAD PROPERTY TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: (Signature) 0 N o., M O M cD 0 (Signature) (Print Full Name) (Signature) (Print Full Name) STATE OF COUNTY OF _ The foregoing Warranty Deed 20_, by /.. /0 is personally know to OR produced 1 - identity. j (( (affix notarial sea r T�1 � STATE OF _ COUNTY OF Agenda Item No. 16B5 July 22, 2008 Page 59 of 62 before me this day of who: i- Public) i 'Name of Notary Public) Serial / Commission # (if any): My Commission Expires: The foregoing Warranty Deed was acknowledged before me this 20_, by who: is personally known to me OR produced identity. (affix notarial seal) (Signature of Notary Public) proof of day of proof of G�x/ � W N �Oo C; N W Z T � � a C N Q 0 N 6 M 0 M I Mill 1 111 111 liiiiiiiiii 11111111 ROOM 1 11111111 kill, i ¢ CIO � � _ Agenda Item No. se July 22, 2008 Page eae || �� � E� §§R § ■ || j §a, `....., � � ■ :!` | C \�� !. § \.k / , � � !| | |■ | ` ^| fill qi w /£�� fit | | ; _ « /| �!| || ��