Okaloosa County BOCC — January 21, 2014 — reading text

DISTANCE OF 46] ,97 FEET TO A CONCRETE MONUMENT (NO , lD.) ON THE NORTH RlGHT-OP-WAY LINE OF U.S, HlGHWAY 98; THENCE CONTINUE ALONG ~AIDNORTH RTGHT-OF·WAY,NORTl-J 85°50'26" WEST, A D1STANCE OF 6.13.38 FEET TO THE POINT OF BEGlNNING. CONTAINING 7.34 ACRES, MORE OR LESS, ALL IN UNDIVIDED TOWNSHIP 2 SOUTH, RANGE 23 WEST, OXALOOSA COUNTY, FLOIUDA, LE SS AND EXC EPT: All of Sa,ndplper at Destin West Beach and Bay Resori, a Condominium, according to Ihe Declaration of CondominIum recorded on July 6, 2004, In OfficIal Records Book 2544, , pa~~ ,4612, In the Public Records of 011,lIo05a County, Florida; and " All of Pelloan at Peslln Wes t Beach and Bay Resort, a Condominium, aocording to lhe Declaration of Condomlnlulll recorded on Oclober 6, 2004, In Official Records Bool< , 2566, page 2972, in Ihe Public Records ofOi<aloosa Counly, Florida; and All of Heron al Destin Wesl Beach and Bay Resorl, a CondomInium , according 10 the Declaration or CondomInium reeordeeJ' on June 6, 2006, ,In Official Records Book 2713, page 89~, in the Pllbllc Records of ekaloosa County, Florida; and All of Osprey at Destin West Beacil and S'ay Resort, a C~ndomlnjllm, according 10 the Declaration of ,Condominium recorded on April 24, 2006, In Official Records Book 2703 page 677, In the Public Records of Okaloosa County, Florida;' and ' All of at Destin West Offloe Building, ~ Condominium , according to the Declaration of ' Condominium recorded on December H 2006, in Ollieial Records Book 2754, page 3470, In the /=>ubllc Records of Okaloosa County, Florida, Packet Pg. 520  i - I ~ I I MAlUNA EASEMENT AGRE~MENT TI-IlS MARINA EASEMENT AGREEMENT is made this ~5 clay of 19 C /, 2010, in replacement of the Marina Easement Agreement recorded July 28, 2003 ("Prior Easen~ent"). in the: public records of Okaloosa County, Florida at Book 2458, Page 3076, et. seq., wblch Pnor Easement is abandoned and vacated, as evidenced by the notice of abandonment recorded in the public records of Okaloosa County concurrently herewilh. The easement gra.nted herein is by and between DESTIN WEST BEACH AND BAY RESORT-BAYSIDE PROPERTY OWNERS ASSOCIATION, INC. a Florida not-for-profit carpoI'ation (hereinafter "q!:.~I~l.<?( or "Bayside Master Association"), and DESTIN WEST MARfNA, LLC, a Florida limited liability company (hereinafter "Grantee"), for the following uses and purposes: 1ill CIT ALS : A. On November 7, 2009, Tolbert Bayside Development Company, developer of the multi-condominium project known as Destin West Beach and Bay Resort - Bayside in Okaloosa County, Florida, turned over control of the' Bayside Master Association, to Grantor. As a result and pursuant to a special warranty deed elated November 6, 20] 0, as amended or cOlTecled, Grantor became the owner in fee simple of that certain tract or parcel of real property lying and being in Okaloosa County, Florida, and being more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Propelty"). B. Grantee desires to obtain, an4 Grantor has agreed to convey, certain easements, including riparian rights, to allow Grantee to obtain a sovereignty submerged land lease from the State of Florida, ~o construct docks and boat sl ips (the "Marina Improvements") required for the development of a 29-slip (maximum) private multi-family marina (the "Marina") ill accordance with and subject to a settlement agreement dated /o-:<~.,,?o/() ,incorpol:ated herein, between Heron at Destin West Beach and Bay Resort Association, Inc., Pelican at Destin West Beach and Bay Resort Associatioll, Inc., and Grantee (hereinafter "Settlement Agreement"). The Marilla is to be constructed upon the sovereign submerged lands located immediately north of the Property, which Marina Improvements and Marina will, once constructed and the slips said only to Destin West Baysi~e residential unit owners, be Bayside Master Association common property. NOW, THEREFORE, in consideration of tile premises and other good and valuable consideration the receipt, adequacy and sufficiency of which are hereby acknowledged., the Grantor and Grantee hereby covenant and agree as follows : . 1. Recitals: The recitals set forth above are true and correct, and shall constitute and be construed as an ii1tegral part of this Easement Agreement and not merely as recitals hereto. 2. Grant of Easements: a. Grantor hereby grants and conveys to Grantee, tbe following easements . (hereinafter the "Easements"): Inslr 112666578 BK: 2958 PG:472,Page 1 0(6 Recorded 10/26/20'10 al 03:47 PM. Page 1 of 6 RECORDING: ~28.50 RECORDING .l\RTIClE V: 524.00 DEED DOCSTAMPS: $0.70 nFPUTY rei F.RI( srenpF. : :: : : : . •• ~ ... '; "LJ. ~l.crll\ OF COURTS. QK.~LOO~A COUNTY. FL Packet Pg. 521 ~ i ~ ,! (i) A non -exclusive temporary easement for ingress, egress and Lilli ities, and j nclud ing riparian rights, upon, over and across, the Property for the PUI'pose of allowing Grantee to consLruct a marina in accordance with the Settlement Agreement, to be located on sovereign submerged lands pursuant to a Sovereignty Submerged Land Lease, if and . when granted, by the State of Florida to Grantee; (i i) A non-exclusive easement for the construction of such II nderground utilities as may be reasonnbly required for the construction of the Marina uneler the Property; provided that the location of all utility lines nnel improvements necessary therefor shnll be approved by Grantor; anel, 3. Purpose of Easements. The Easements granted hereby are for the express purpose of providing Grantee with the necessary uplands interest in the properLy and rights for temporary ingress, egress, utilities and construction vehicle parking such that GranLee may construct the Marina to be located on the sovereign submerged lands located North of and adjacent to the Property. 4. Marina. Grantee shall have complete and total responsibility for the construction of all Marina Improvements necessary for Grantee's sale of slips to by Grantor's residentialul1it owners and for Grantor's operation of the Marina, onGe completed and permitted. Grantee shall be responsible for obtaining, at Grantee's cost, all necessary, local, state and federal permits and approvals that may be required from time to time for purposes ofconstructing the Marina Improvements. Grantor, as owner of the Property, shall assist Grantee, at Grantee's cost, as may be reasonably necessary when reqll ired by any permitting agency for the issuance of a required perm it. Grantee shall be solely responsible and liable for complying with any local, state or federal perm its, requirements, obligations and duties of governmental agencies and applicable codes and standards related to the construction of the Marina Improvements. 5. Indemnification and Hold Harmless . a, Grantee shall, to the fullest extent permitted by law, indemnify, defend, and hold harmless Grantor, its Sllccessors, assigns, employees, officers, attorneys and agents (collectively "Indemnified Parties") fyom and against all claims, losses, damages, personal injuries, (including but not limited to death) or liability (including reasonable attorney's fees to any and all administrative, trial and appellant proceedings), direct or indirectly arising from, out of, or caused by Grantee, its officers, employees, agents, or contractors, negligent or inteJitional acts, errors, omissions in the construction of the Marina Improvements. The indemnification provided herein shall obligate Grantee to defend, at its expense, or to provide fOl' slIch defense, the option of Grantor, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against any Indemnified Party arising from or in any way related to this Easement Agreement. In all events, the Grantor shall be permitted to choose legal counsel of its sole choice, the fees for wh ich shall be subject to and incl uded with the inciel11ll ification provided herein, as long as said fees are reasonable by local sLandards. Page 2 of 6 Packet Pg. 522  b. Grantee shall, throughout the terl11 of this Easement Agreement, provide f.llld keep ill force a comprehensive general public liabilil}' illsurcll1ce policy with an insurance company, and in all amount ancl form, reasonably satisfactory to Grantor. All such policies shall name GralltOi" as an additional insured or loss-payee. Such policies (including renewal insurance) or certificates therefor issued by the insured, shall contain an agreement by the insured that such policies shall not be canceled without 8t least thirly (30) days prior wrilten notice to Grantor, and in no event shall such p~licies be canceled by Grantee without Grantor's prior written consent. At least ten (10) days prior to the expiratioil of any such policy, Grantee shall deliver to Grantor, the new original policy 01' certificate for renewal insurance . 6. Termination of Easements. These Easements shalll:erminate upon and subject to the earlier of the substantial completion of construction of the Marina or .Iuly 27, 20J 4. In the event the Marina is not comp leted by .July 27, 2014, clLle to clue to any force majeure preventing the com pletion of its construction by that elate, these easements shall be renewed and remain in effect for sLlch reasonable period ohime to allow for substantial completion of the Marjna. 7. Permitted Encumbrances. The Easements are conveyed subject to the following liens, and encumbrances (the "Permitted Encumbrances"):