Okaloosa County BOCC — January 21, 2014 — H - FDEP Submerged Land Lease (2 of 2)

· "';,' Instr # 2737285 BK: 3007 PG :1 070 ,Page 1 of 25 Recorded 10/27/2011 at 08:17 AM , RECORDING : $114.00 RECORDING ARTICLE V: $100.00 DEPUTY CLERK MSMITH DON W . HOWARD.CLERK OF COURTS. OKALOOSA COUNTY. FL This Instrument Prepared By: Athena Baerga Recurring Revenue Section Bureau of Public Land Administration 3900 Conunonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS LEASE BOT FILE NO. 460339001 PA NO. 46-0196257-003-DF THIS LEASE is hereby issued by the Board of Trustees of the Intemal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of payment of the annual lease fees hereinafter provided and the faithful and timely performance of and compliance with all terms and conditions stated herein, the Lessor does helcby lease to Destin West Marina, LLC, a Florida limited liability company, hereinafter referred to as the Lessee, the sovereignty lands described as follows: A parcel of sovereignty submerged land in unsectiona I izecl, Township 02 South, Range £.4 West, in Choctawhatchee Bay, Okaloosa County, containing 25,335 square feet, more or less , as is more particularly described ancl shown on Attachment A, dated September 10, 2010. TO HAVE THE USE OF the hereinabove described premises for a period of 2. years from April 25, 2011, the effective date of this lease. The terms and conditions on and for which this lease is granted are as follows : 1. USE OF PROPERTY: The Lessee is hereby authorized to construct and operate a 29-slip clocking facility exclusively to be used for mooring of recreational vessels in conjunction with an upland condominium d~veJopl11ent, without fueling facilities, with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or State of Florida Department of Health, whichever agency has jurisdiction, and withou~ liveaboards as defined in paragraph 28 as shown and conditioned in Attachment A, and the State of Florida Department of Environmental Protection Consolidated Wetland Resource Pertnit No. 46-0 196257-003-DF, dated April 25, 20 II, incorporated herein and made a part of this lease by reference . The construction of the structures described in Attachment A shall be completed within the initial term hereof or within the tirst 5 years of the initial term if the initial term is for a period greater than 5 years. The failme to complete the construction of all authorized structures within this time period shall constitute a material breach ofthe lease causing the lease to automatically terminate upon the expiration of the initial term or 5 years, whichever is sooner, without any right of renewal. All of the foregoing subject to the remainiIlg conditions of this lease. 2 . LEASE FEES: The Lessee hereby agrees to pay to the Lessor an initial annual lea se fee of $3,968.00 and 25 percent surcharge, plus sales tax pursuant to Section 212.031, Florida Stahltes, if applicable, within 30 da ys of rece ipt of this fully executed lease. The Lessee further agrees to pay to the Lessor a one-time premium fee of $11,904.12 upon the date of l·p.(~p. ;nt flfthp l11V()l rp ~ nrl nt"in,. tn l'p rp int nfth p fl1lh, Pypr 1l1"p d l p~ l",. p 'Th p ~ nll\1 ""ll fp~ +,,"\1" thp I'P I-,,\"' ~ ;I"I;I"lT ' J""~ I'C' ,....r 1h;c.' l PQc,-,. ,,1"1<:'111 ·, ,: , 3. WET SLIP RENTAL CERTIFICATION/SUPPLEMENTAL PAYMENT: (A) The Lessee shall provide upon request by the Lessor any and all information in a certified form needed to calculate the lease fee specified in paragraph two (2) above, including the income, as defined in subsection 18-21.003(31), Florida Adminislntive Code, derived directly or indirectly fr0111 the use of sovereignty submerged lands on an annual basis . When six percent (6%) of said ammal income exceeds the base fee or m.i11imum annual fee established pursuant to Rule 18-21.011, Florida Administrative Code, for any lease year during the term of this lease, the Lessor shall send the Lessee a supplemental invoice for the difference in the amounts for that lease year. (B) The instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip at the leased docking facility to a third party shall include a provision that clearly notifies the wet slip renter/user/holder that if the wet slip renter/user/holder subsequently transfers his right to use said wet slip to another party, the instnlment or agreement used to transfer said wet slip shall contain a provision that requires six percent (6%) of the annual gross income derived from said instrument or agreement for the use of said wet slip be paid to the Lessee who, upon receipt, shall report and transmit said amount to the Lessor. The instrument or agreement used by the Lessee to transfer a wet slip shall also include a provision that clearly notifies the wet slip renter/user/holder that no interest in said wet slip may be further transferred unless a substantially similar provision to the one contained in the preceding sentence is placed in each succeeding instrument or agreement used to transfer said wet slip to each new wet slip renter/user/holder. 4. LATE FEE ASSESSMENTS : The Lessee shall pay a late payment assessment for lease fees or other charges due under this lease which are not paid within 30 days after the due date . This assessment shall be computed at the rate of twelve percent (12%) per alUlUm, calculated on a daily basis [or every day the payment is late. 5. EXANIINATION OF LESSEE'S RECORDS : For plllvoses of this lease, the Lessor is hereby specifically authorized and empowered to examine, for the term of this lease including any extensions thereto plus three (3) additional years , at all reasonl1ble hours , the books, records, contracts, and other documents con"finning and pertaining to the computation of annual lease payments as specified in paragraph two (2) above . 6. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i) the gross revenue derived directly fr0111 the use of the leased premises, (ii) the gross revenue derived indirectly fr0111 the use of the leased premises, and (iii) all other gross revenue derived [rom the Lessee's operations Oil the riparian upland property. The Lessee shall sectHe, maintain and keep all records for the entire term o[ this lease plus three (3) additional years . This period shall be extended for an additional two (2) years lIpon request for examination of all records ancl accounts for lease verification purposes by the Lessor. 7. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein and as conditioned by the Slate of Florida Department of Environmental Protection Consolidated Wetland Resource Perm.it. The Lessee shall not (i) change or acid to the approved use of the leased premises as defineci herein (e .g., from conunercial to multi-family resiclentia I, [r0111 temporary mooring to rental of wet slips, from rental of wet slips to contractual agreement with third party for docking 0 f cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats, from loading/offloading conU11ercial to rental of wet slips, etc.); (ii) change activities in any maImer that may have an environmental impact that was not considered in the original authorization or regulatory permit; or (iii) change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian upland property that is more particularly described in Attachment:!2. without "first obtaining a regulatory permit/modi fied permit, if applicable, the Lessor's written authorization in the form of a mociified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any strucl1l1'es which may no longer qualify for authoriz(l tion under the modified lease. 8. PROPERTY RIOl-ITS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof, and all title and interest to saicllancl hereinbefore described is vested in the Lessor. The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's leasehold interest in said lands into any form of privale ownership, including but not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land, or the use thereof, may be purchased, sold, or re-sold . .. ., ~ 9. INTEREST IN RlPARIAN UPLAND PROPERTY : During the term of this lease, the Lessee shall maintain the interest in the riparian upland property that is more particularly described in Attachment 12. and by reference made a part hereof together with the riparian rights appurtenant thereto, and if such interest is terminated, the lease may be terminated at the option of the Lessor. Prior to sale and/or termination of the Lessee's interest in the riparian upland property, the Lessee shall inform any potential buyer or transferee of the Lessee's interest in the riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute and docllments required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act. 10. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions and provisions of this leQse, current mQnagement standards and applicable laws , rules and regulations in effect at that time . Any assiglUl1ent or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. 11. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS : The Lessee shall investigate all claims of every nature arising out of this lease at its expense, and shall indenulify, defend and save and hold harmless the Lessor Qnd the State of Florida from all claims, actions, lawsuits and demands arising out of this lease. 12. NOTICES/COMPLIANCEITER.NIINATION: The Lessee binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its successors and assigns . In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein set forth , and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's notice to correct, this lease may be terminated by the Lessor upon thirty (30) days writien notice to the Lessee. If canceled, all of the above-described parcel of land shall revert to the Lessor. Allllotices required to be given to the Lessee by this lease or applicable law or administrative rules shal1 be sufficient if sent by U.S. Mail to the following address : Destin West Marina, LLC 1500 Miracle Sl1"ip Parkway Fort Walton Beach, Florida 32548 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is effective. 13 . TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed anclleviecl against the subject property during the effective period of this lease . 14. NUISANCES OR ILLEGAL OPERATIONS : The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless sllch proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises . 15. MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good condition, keeping the strllctures and equipment located thereon in a good state of repair in the interests of public health, safety and welfare . No dock or pier shall be constl11cted in any maimer that would cause harm to wildlife . The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time.  16. NON-DISCRlMINATION: The Lessee shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicl1p, or marital statlls with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used l1S an adjunct of the leased arel1. During the lease term, the Lessee shall post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises or adjacent business office of the Lessee . It shall be the responsibility of the Lessee to post the placard in a manner which will provide protection from the elements, and, in the event that saicl placard becomes illegible at any time during the term of this lease (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided. 17 . ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the pmt of the Lessor to enforce any provision, nor any waiver or successive waivers on ils part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of Ihe Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches . 18. PERlvIISSION GRANTED: Upon expiration or cancellation of this lease all permission gnll1ted hereunder shall cease and terminate. 19. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. In the event that Lessee is in [1111 compliance wilh the terms of this lease, the Lessee may apply in writing for a renewal. Such application for renewall11l1st be received by Lessor no sooner than 120 days and no later than 30 days prior to the expiration clate of the original or current term hereof. The term of any renewal granted by the Lessor shall conunence on the last day of the previou~ lease term. If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structllres authorized herein upon termination of this lease shall constitute an afflrmative covenant upon the Lessee's interest in the riparian upland property more particularly described in Attac11111ent;a, which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon Lessee and Lessee's successors in title or successors in interest. 20. REMOVAL OF STRUCTURES/ADMINISTRATIYE FINES : If the Lessee does not remove said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and equipment will be cleemed forfeited to the Lessor, ancl the Lessor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 12 or at SLlch address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all shuctures and the right to impose adm.inish·ative fines. 21. REMOVAL COSTS/LIEN ON RlPARlAN UPLAND PROPERTY: Subject to the noticing provisions of Paragraph 20 of this lease, any costs incurred by the Lessor in removal of any structmes and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constihlte a lien upon the Lessee's interest in the riparian upland properly that is more particularly described in Attachment:12.. This lien on the Lessee's interest in the riparian upland properly shall be enforceable in SUl1U11ary proceedings as provided by law. 22. RECORDATION OF LEASE: The Lessee, at its own expense, shall record this fully executed lease in its entirety in the public records of the county within which the lease site is located within fourteen (14) days after receipt, and shall provide to the Lessor within ten (10) days following the recordation a copy of the recorded lease in its entirety which contains the O.R. Book and pages at which the lease is recorded. 23. RlPARIAN RlGl-ITS/FINAL ADJ1JDICATION: In the event that any part of any Sh'llcture authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Lessee agrees to either obtain written consent for the offending struct1ll'e from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constihlte a material breach of this lease agreement and shall be grounds for inunediate termination of this lease agreement at the option of the Lessor. ; 24. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted, acknowledged and executed by the Lessee and Lessor, anclmust comply with the rules ancl statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the Lessee may install boatlifts within the leased premises without formal modification oftbe lease provided that (a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not increase the mooring capacity of the docking facility. 25. ADVERTISEMENT/SIGNSINON-WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTIVITIESfIvlINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to occur within the leased premises. The Lessee shall ensure that no permanent, temporary or floating stTuctures, fences, docks, pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structmes and/or activities including dredging, relocation/realiglUnent or major repairs or renovations to authorized structures, shall be erected or conducted on or over sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the Lessor, such activities or structmes shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative fines under Chapter] 8- ]4, Floricla Administrative Code. This condition does not apply to minor Shl.lctural repairs required to maintain the authorized structl.lreS in a good state of repair in the interests of public health, safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this lease. 26. USACE AUTHORIZATION: Prior to conU11encement of construction and/or activities authorized herein, the Lessee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE . Any modifications to the COnShl.lction and/or activities authorized herein that may be required by the USACE shall require consideration by and the prior wlitten approval of the Lessor prior to the conU11encement of construction and/or any activities on sovereign, submerged lands. 27. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee shall at all times comply with all Florida Statlltes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. 28. LIVEABOARDS: The tel111 "liveaboard" is defined as a vessel clocked at the facility and inhabited by a person or persons for any five (5) consecutive days or a total of ten (10) clays within a thirty (30) day period. If liveaboards are authorized by paragraph one (1) of this lease, in no event shall snch "liveaboarcl" status exceed six (6) 1110nths within any twelve (12) month period, nor shall any such vessel constil11te a legal or primary residence. 29. GAMBLING VESSELS : During the term of this lease ancl any renewals, extensions, modifications or assig1U11ents thereof, Lessee shall prohibit the operation of or entTy onto the leased premises of gambling cruise ships, or vessels that are used principally for the plllpose of gambling, when these vessels are engaged in "cruises to nowhere," where the ships leave and retl.U'n to the state of Florida without an intervening stop within another state or foreign counh'y or waters within the jurisdiction of another state or foreign COtlntTY, and any watercraft used to carry passengers to and from such gambling cruise ships. 3~. FINANCIAL CAPABILITY: To assure the Lessor that the Lessee has the financial capability to undertake and operate the project authorized by this lease, the Lessee certifies to the Lessor as follows: (i) the Lessee is not the subject ofa pending bankruptcy proceeding; (ii) the Lessee has no unsatisfied judgments entered against it; (iii) the Lessee has satisfied all state and local taxes for which it is responsible; and (iv) no other matters are pending or threatened against or affecting the' Lessee or the Lessee's interest in the riparian upland property thal would impair the Lessee's financial capability to undertake and operate the project authorized by this lease. Any breacli of this lease condition shall constitl1te a default under this lease. 31. SPECIAL LEASE CONDITIONS: A. The Lessee shall prohibit any mooring, 011 either a temporary or permanent basis, along the sides of the) eastern and western face of the main access dock. To ensure compliance, the Lessee agrees to place and maintain: (1) a 3-foot high railing along the east and west face of the stll.lctl.ll'e, and (2) signs advising boaters that mooring either on a temporary or penmnent basis is prohibited. \ ! t B. Within 10 days of completion of the docking facility, handrails and "no-mooring" signs shall be installed along all portions of the docking facility adjacent to non-mooring areas. Handruils shall be constructed to eliminate access to the docking facility by boaters and shall be maintained for the life of the docking facility. C. Any vesselmoorecl at the clocking facility, on either a temporary or permanent basis, shall be wholly located within its designated wet slip as depicted on Attachment A ancl no portion of a vessel may extend beyond the leased premises. Vessel length shall be measured as overall length including Clll parts ancl accessories such as outboarcll11otors, bow pulpits, and swim platforms. D . The Lessee shall install and maintain, during the term of this lease and all subsequent renewal terms, reflective markers and lighted aids to navigation at all distant corners of the clocking facility and shall operate said lights Clt night or in conditions of reduced visibility . E. Vessels that either do not possess a current vessel registration and title as required by Chapters 327 ancl328, Florida Statutes, or do not have a current vessel registration and title as required in another state or country are prohibited within the leased premises. F. All vessels that moor, dock, or otherwise use the leased premises shall be maintained in a fully operational condition. .... \ WITNESSES: -M~ Original Signahlre .' : "LESSOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instnlll1ent was acknowledged before me this ll~ day of Qt~r ,2oLL, by Jeffery M. Gentry Operations and Management Consultant Manager, Bureau of Public Land Administration, Division of State Lands , State of Florida Department of Enviro1U11ental Protection, as a el for and on behalf of the Board of Trustees of the Internal rovement Trust Fund of the State of Florida. He is p 'son DEP Printed, Typed or S .ijI'I;IioV'~~U'I...~, ........ Notary Public State of Florida My Conmussion E Kathy C Griffin My Commission 00727692 Explr.. 1013012011 Conmussion/Serial No. _ _ _ _ _ _ _ _ _ _ _ _ _ __ WITNESSES: _ _ _-'-"CSEAL) B ,t . ._ - - - - - - - - - - Original Signahlre {bAIL C!..LUCk Mr. Fred E. Tolbert III Typed/Printed Name of Witness TypedlPrinted Name of Executing Authority ~A2~ Original Signature Manager Title of Executing Authority (1I-J1C1 S 1:>, tlR.IEEtTl-J TypedlPrinted Name of Witness "LESSEE" STATE OF FLO Q IDA COUNTYOF OkALOO'5f::\_ Theforegoing instnlment was acknowledged before me this rx<2tJ...dayof ;SEiPlE M8ER. , 20K, by Mr. Fred E. Tolbert III, who is the Manager of Destin West Marina, LLC, a Florida limited liability company, on behalf of the company. He is personally known to me or has produced > ~ , a0¥entification.  OESTIN IY.EST BAYSIOS A PARCEL OF SUBt-,IERGED SOVEREIGNTY LAND LYING IN UNSEC110NED TOWNSHIP 2 SOU 11-1 , RANGE 24 WEST, Of<ALOOSA COUNTY, FLORIDA, MORE PARl1CULARLY DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER OF LOT 23-A, SANTA ROSA ISLAND, SUBDIVISION OF BLOCK 13, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 54F, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; THENCE RUN N 04'08'00" E ALONG THE EASTERLY LINE OF SAID LOT 23-A, 82.00 FEET TO A POINT ON l1-iE PROPOSED R.O,W, (RIGHT-OF-WAY) LINE AS SHOWN ON SAID PLAT, AND A FOUND CONCRETE MONUMENT (NO H); THENCE N 04'08'03" E, A DISTANCE OF 461,97 FEET TO A POINT ON THE WATER SIDE OF A SHEET PANEL WOOD TOP SEAWALL; THENCE N 70'19'24" W ALONG SAID SEAWALL. A DISTANCE OF 26.47 FEET TO THE POINT OF BEGINNING; THENCE CONllNUE N 70 '19'24" W, 7.26 FEET; THENCE OEPARllNG SAID SEAWALL INTO CHOCTAWHATCHEE BAY. THE FOLLOWING BEARINGS AND DISTANCES: N 04'08'03" E, 435 .70 FEET; N .85'51'57" W. 142.00 FEET; N 04'08'03" E. 149.32 FEET; S 85 '51'57" E, 149:00 FEET: S 04:08'03" W, 586.95 FEET; TO THE POINT OF BEGINNING. CONTAINING 25,305 SQUARE FEET (0.58 ACRES), MORE OR LESS, ALL IN OI<ALOOSA COUNTY, FLORIDA. .... .. , ....... , .. , .............. ... . '::::::::.': FORT:::::::::::::.. ... .. ,., ..... , . ...... ......, ... ......... ... . , .... . " '::::::::::WALTON :::::::::: .. ,. .... .. •• • ••• , to . . .... . . . . • • •• , , ••••• .'~.... "::"...... ... :" ": . ". . III .. .. . . . . . . B E AC H' .... ..:::::::::: " . ... .. .. .... ..... ... . . . . . ... .. . , ' ~ : : ::,' ::: ,':::: :::: .'::: :::: :::: .': ::: :.': , o .: : ::: : :::.':: ::::::::: :::: ::::: ::::::. ?J ...... ': :. ' .. ,.. ... .... .' .......... .. .. .' ... ........ ... ,.. ' .. .... ,'.' ,' . ...... .. , . . ... . ..... . .. . ........ , . . . ~., BOARD ~~~~;AY ':::::::::::::::: ::::.' , , . .• . • • • .. • , • • • •. , __~WA7:L7K~,...,......~-n-r""""'-'--_ LATITUDE: 30' 23'51" NORlll LONGITUDE: 86 '35'13" WEST LOCATION. MAP DATE DRAWN: 5JUL Y1 0 DISK NO.: 99183EE-SLL Description SUBMERGED LAND LEASE SPECIFIC. PURPOSE SURVEY (THIS IS A FIELD SURVEY) REVISED: 10 SEPT 2010 - REVISIONS PER DEP COMMENTS _ _ _ _ _ _ _ _ _ _ _ _ _~------._~O~K'.!.A~L~O~O~S?!.A~- Coun ty, Florida , Sec, UNDIV. Twp. 2-S R 24- W I certify that this survey was made under ge. my responsible charge and meets the Not valid Recorded PLAT Book 2 ' 84F Page . Minimum Technical Standards as set forth by the Florida Board of 'Professlonal unless bearing Job No. 99-183-EE Field Dale 15 FEB 201 0 SU~y.~.yer~-&;'· ~i:ipperS:ln~laPter 5J-17.050, ...... §d:-17.051 9hd 5J-17.052, ursuant to Surveyor's Prepared For TOLBERT DEVELOPMENT COMPANY~ / Section 4/2. 2'1~'flarida Stutes. embossed seal. Fld. Vol. 49 Pg(s). 51 Party Chief BEP ......./. ::::-:....:---- SHEET 1 OF 7 8RrA - E. PASCOE, Professi onal Surveyor & Mapper - FL Certificate No. 5930 : HOCTAW ENGIN EERIN G, INC. , ENGINEERING • SURVEYIN(; • LAND PLANNING • (850) 862-6611 • FAX (850) 863-8059 112 TRUXTON AVENUE • FORT WALTON BEACH, FLORIDA 32547 LB No. 1532 U"CAL .DESCRIPTION.' Submerged £,and Lease "B' for J)ESTIH lYEST BAYSI.DE A PARCEL OF SUBMERGED SOVEREIGNTY LAND LYING IN UNSEcnONED TOWNSHIP 2 SOUTH, RANGE 24 WEST, OI(ALOOSA COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER OF LOT 23-A, SANTA .ROSA ISLAND, SUBDIVISION OF BLOCI< 13, ACCORDING TO PLAT THERE'OF RECORDED IN PLAT SOOf< 2, PAGE 84F, OF THE PUSLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; THENCE RUN N 04'08'00" E ALONG THE EASTERLY LINE OF SAID LOT 23-A, 82.00 FEET TO A POINT ON THE PROPOSED R.O.W. (RIGHT-OF-WAY) LINE AS SHOWN ON SAID PLAT, AND A · FOUND CONCRETE MONUMENT (NO H); THENCE N 04'08'03" E, A DISTANCE OF 461.97 FEET TO A POINT ON THE WATER SIDE OF A SHEET PANEL WOOD TOP SEAWALL; THENCE N 70'19'24-" W ALONG SAID SEAWALL, A DISTANCE OF 227 .85 FEET TO THE POINT OF BEGINNING; THENCE ' DEPARTING SAID SEAWALL INTO CHOCTAWHATCHEE BAY, THE FOLLOWING BEARINGS AND DISTANCES; N 19'40'36" E, A DISTANCE OF 6.00 FEET; THENCE N 70'19'24" W, A DISTANCE OF 5.00 FEET; THENCE S 19'40'36" W, A DISTANCE OF 6.00 FEET TO A POINT ON SAID SEAWALL; THENCE S 70'19'24" E ALONG SAID SEAWALL, A DISTANCE OF 5.00 FEET TO THE POINT OF SEGINNING. CONTAINING 30 SQUARE FEET, MORE OR LESS, ALL IN OI(ALOOSA COUNTY, FLORIDA, LEASE "A" = 25,305 S.F. LEASE "s" = 30 S.F. GRAPHIC SCALE TOTAL LEASE AREA == 25,335 S.F. == 0.58 Ac. 40 o 20 40 ( IN FEET SCALE: 1" == 4·0 n . • I."j /~. 00 0 ,"I- 0) 10' ~ SEE SHEET 3 FOR P,O,C, LEASE "8" (STAIRS) AND EASTERLY PROPERTY J w LINE INFORMATION Z ::J « SUBMERGED LAND LEASE SCALE: 1" = 30' SPECIFIC PURPOSE SURVEY DATE DRAWN: 5JULY10 (THIS IS A FIELD SURVEY) SHEET 6 OF 7 DISK NO.: 99183EE-SLL CHOCTAW ENGINEERING, INC,' ENGINEERING • S'URVEYlNG ~ LAND PLANNING • (850) 862-6611 • FAX (850) 863-8059 112 TRU XTON AVENUE' FORT WALTON BEACH, FLORIDA 32547 LB No. 1532  NU1'f5'0' 1· , 1) NO llTLE SEARCH OR ABSTRACT HAS BEEN FURNISHED TO TI'.IE UNDERSIGNED . DEEPS, DESCRIPllONS, EASEMENTS, OR OTHER INSTRUMENTS MAY EXIST lHAT AFFECT THE SUBJECT PROPERTY. 2) BEARINGS HEREON ARE REFERENCED TO THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 30 (U.S. HIGHWAY 98,100' R/W), SAID LINE BEING NORTH 55'52'00" WEST, ' PER PLAT. 3) VER11CAL DATUM SHOWN HEREON IS BASED ON USC&G CONTROL STATION ARIUM,; ELEVATION IS 7.72 N.A.V.D. ~ 1988. ' 4) THE MEAN HIGH WATER LINE (MH'WL) WAS ESTABLISHED AT ELEVA110N 0.53', PROCEDURE APPROVED BY BSM, DATED 14 JUNE 2010. 5) LINEAR FOOTAGE OF RIPARIAN SHORELINE ALONG LEASE AREA IS 12.26'. LINEAR FOOTAGE OF RIPARIAN SHORELINE ALONG TOTAL SITE IS 643.69 FEET. 6) LATITUDE AND LONGITUDE FOR SUBMERGED LAND LEA~E AREA AS SCALED FROM U.S.C. & G. QUADRANGLE MAP OF FORT WALTON BEA.CH, FLORIDA - LATITUDE: 30'23'51" NORTH LONGITUDE: 86'35'13" WEST. " 7) THIS SURVEY IS CERTI~IED TO TH,E BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA. U'CAL JJSSCRIPTIOH.' PARCEL}' C.R. BOOK 229', PAGE 3441) A PORTlON OF LOT 23-B, SANTA ROSA ISLAND, SUBDIVISION OF BLOCK 13, ACCORDING TO PLAT THEREOF RECORDED IN PLAT 8001< 2, PAGE 84F, OF THE ,PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT Tl-1E SE CORNER OF SAID LOT 23-B, RUN N 04'08' E ALONG ' ,Tl-iE EASTERLY BOUNDARY THEREOF, 82.00 FEET TO A POINT ON THE PROPOSED ROW LINE AS SHOWN ' ON 'SAID PLAT; THENCE N 85'52' W ALONG SAID ROW LINE (RIGHT-OF-WAy 'LINE) 213.,6; FEET TO: AN IRON ROD "!UMBERED 2032; Tl-IENCE DEPARTING SAID RIGHT-OF-WAY LINE RUN N 05'14' E 341 .11 FEET ' TO THE POINT OF BEGINNING; THENCE CONTINUE N 08'14' E 265 FEET, MORE OR LESS, TO A POINT ON THE SHORELINE OF CHOCTAWHATCHEE BAY; THENCE MEANDER , SAID SHORELINE IN AN EASTERLY DIREC110N 170 FEET, MORE OR LESS, TO ITS INTERSECTION 'MTH THE EASTERLY BOUNDARY OF THE AFOREMEN110NED LOT 23-B; THENCE DEPAR11NG SAID SHORELINE, RUN S 04'08' W ALONG SAID EASTERLY BOUNDARY 585 FEET, MORE OR LESS, TO AN UNNUMBERED CONCRETE MONUMENT ON THE AFORESAID PROPOSED RIGHT-OF-WAY LINE; Tl-iENCE N 85'52' W ALONG SAID, RIGHT-Of-WAY LINE 25,00 FEET; THENCE DEPAR11NG SAID RIGI-n-OF-WAY LINE RUN N 04'08' E 340,24 FEET; THENCE N 85'52' W 164.25 FEET TO THE POINT OF BEGINNING. ' U'CAL lJ.ESCRfPFIOH.' PARCEL II (O.R. BOOf( 2252, PAGE 1316) THAT POR110N OF LOT 23-A OF BLOCK 13 BORDERING FREEWAY #9 ON THE EAST BEGINNING AT A POINT WHERE FREEWAY #9 MEETS HIGHWAY 98, Tl-IENCE WESTERLY PARALLELING U.S. HIGHWAY 98 TO A POINT 400 FEET DISTANT, THENCE NORTHERLY TO CHOCTAWHATCHEE BAY, THENCE EASTERLY ALONG THE NORTH SHORE LINE FOR 4-00 FEET, MORE OR LESS, TO A POINT WHERE CHOCTAWHATCHEE BAY MEETS FREEWAY #9, THENCE SOUTHERLY TO THE POINT OF BEGINNING ACCORDING TO PLAT RECORDED IN P~BLlC RECORDS OF OKALOOSA COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 84·-F. U"CAL JJ.ESCRfPTIOH.· PARCEL III (O.R. BOOI( 2296 , PAGE 604) A PORllON OF LOT 23-8, SANTA ROSA ISLAND, SUBDIVISION OF BLOCI( 13, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 54-F, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA, BEING MORE PAR11CULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF SAID LOT 23- B, RUN N 04'08' E ALONG Tl-IE EASTERLY BOUNDARY THEREOF 82.00 FEET TO A POINT ON THE PROPOSED ROW LINE AS SHOWN ON SAID PLAT; 111ENCE N 85'52' W ALONG SAID ROW LINE (RIGHT-OF-WAY LINE) 213.61 FEET TO AN IRON ROD ,NUMBERED ,2032 AND THE POINT OF BEGINNING; THENCE DEPARTING SAID RIGHT-OF-WAY LINE RUN N 08'14' E 341.11 FEET; THENCE S 85'52' E 164.25 FEET; THENCE S 04'08' W 340.24 FEET to A POINT ON THE AFORESAIDP ROPOSED ROW LINE' 111ENCE , ' N 85'52 W ALONG SAID RIGHT-OF-WAY LINE 25.00 RIGHT-OF-WAY LINE 188.61 FEET TO THE POINT OF BEGINNING, CONTAINING ,60.022 SQUARE FEET (1 .38 ACRES), MORE OR LESS. SUBMERGED LAND LEASE DATE DRAWN: 5J,U LY10 SPECIFIC PURPOSE SURVEY DISI< NO.: 99183EE-SLL (THIS IS A FIELD SURVEY) SHEET 2 OF 7 CHOCTAW ENGINEERING, INC,' ENGINEERING • SURVEYlNG • LAND PLANNING • (850) 862-6611 • FAX (850) 863-8059 112 TRUXTON AVENUE • FORT WALTON BEACH. FLORIDA 32547 LB No. 1532  - - - ~- - - _ _ _ ~P!~MA 1£ SOU Tt-l LiNE OF . • I . ' ! NA VlGA llON-AL CHANNE~ (MARI<ED) - ~ - - - - - - - - S85'47'02/1 E , ---104.45' .~~ - ,I <t - CENTERLINE' LEGEND R/W - RIGHT-Of-WAY u..Z 0« I ....J W Z ,i :1CHANNEL " U td ~ MARI<ER P.O.C. _ POI NT~OF-COMMENCEMENT I P.O.B. - POINT-OF-BEGINNING O....J W« (p) - PLAT DATA C.R. - OFFICIAL RECORDS JEO Z /. FIP - FOUND IRON PIN, 5/6· ::IF= / (F) - fJELD DATA 0« ,, FCM - FOUND .... X .... VJt.? (0) - DESCRIPTION DATA CONCRETE MONUMENT ;:; 0« SUL - SAFE UPLAND UNE f-Z , ~ I....J '-.,.« ~ .+ eJ LOO .362 . .3' .... w "u.. 25.5' SUBMERGE LANDLEASE ' AREA '- SEE SHEET 5 OF 7 FOR DOCI< DETAILS LENGTH RIPARIAN SHORELINE: LEASE AREA = 7.26 LF PROPERTY LINE =64;3.69 LF GRAPHIC SCALE I SUBMERGED LAND LEASE '\ \~~~O,~ . SCALE: I r , 1 = 100 SPECIFIC PURPOSE SURVEY DATE DRAWN: 5JUL Y1 0 ( THIS IS A FIELD SURVEY) SHEET 4- OF 7 OrSK NO.: 99183EE-SLL CHOCTAW ENGINEERING, INC.' ENGINEERING • SURVEYlNG • LAND PLANNING • (850) 862-6611 • FAX (850) 863-8059 112 TRUXTON AVENUE· FORT WALTON BEACH, FLORIDA 32547 LB No. 1532  DOCK 'A' & '8' DETAIL SCALE: '\" = ~O' <{ ~ in cd &f: ~0 O:::z 0- . () 0 1'1 u..0::: ::Eo 0 ~~ 0 I N 1'1 j(1 ~ Ow Wz I 0- 0::...J I Ww :::E Vl CD~ :JW I Vl ...J I I . I I ~~ ~cn in ~ () N to ~ I 0 .0 ~0 O::z 0- I u.. :::EO w O I 0:: f-'~ I l I DOCK 'B' DOCK 'A' 0.5' __ SLIPS SIZES 16' x 31' SLIPS SitES T-2A & T-28 T-1A & T-18 12.5' x 19' 26.0' 8-1 TO ·8-3 14' x 30' A-1 TO A-6 15' x 32' 8-4 TO 8-8 13.5' x 28' A-7 TO A-8 14' x 30.' 8-9 TO 8-10 12.75' x 26.' 8-11 TO 8-13 12' x 26 ' GRAPHIC SCALE 30 0 15 30 ~.wrt;J 8-14 TO 8-17 11.5' x 24' . .' lW" ( IN 'FEET ) SCALE: 1" = 30' SUBMERGED LAND LEASE SPECIFIC PURPOSE SURVEY SCALE: 1" == 30 ft. DATE DRAWN: 5JULY10 (THIS IS A FIELD SURVEY) SHEEr 5 OF 7 DISK NO.: 99183EE-SLL ~HOCTAW ENGINEERING, INC., ENGINEERING • SURVEYING • LAND PLANNING • (850) 862-66 '\ 1 • FAX (850) 863-8059 112 TRUXTON AVENUE • FORT WALTON BEACH. FLORIDA 32547 LB No . 1532  ." , en 0) Il:J ;:: ~j> : ~ ,....: n I tri C"i .0 II) Il:J I S "'" . , n_ 3: I') .- 3: P -.t. a Vl I u.. 0 11 QJ .C"I I I w a::: W (!) a:: ...... --~ IE8 Vl Vl w () :::> () 0 « Vl , .... -. f:? • Q) ~ () 0 a . IQ'--- 81~8 . 0 · :illq ·~ II) I ~ CD « !tIOJ~ I · 01,3' ~ gl.8 ffi ~ N ~I~ ~ . N . 0) ID It) Il) ll) LI.I I- 0 I ° ° (I) I '" a l(I)z I 0 a:: I- 0 Q' l2 l2 J 0 0 ,0 .....J NOTE: THa: M~AN HIGH WATER LlN~ ..J b ;;;- ~ <i! , SHOWN C<PMP~IES WITH CHAPTER 177 ~ ,"'- ~ ~ -J '" r ' to 0 z ;; ~ I") PART II. fjLORIDA STATUTES, . . I .I ~ a ~ 1M I I ~ w I I PARCEL II ,3' Q 1<..1 I- , I '".q. I I 206 896 S F 8 '>=" n,3 ° 'r r b PARCEL .111 59,970 S.F. ~I ...· 1 I . • . . ~ 'pOJ Ii g~ ~ p Z I eo GRAPHIC SCALE ; ~ 5 ~~ o z I")I ;u I I I .100 0 50 100 ~ a (I) Z '- I 0 ~ r!! #: ~ SCA~:N :E~~ Ii: °1 I [ '>. . /,;" POB I I c9~.... ~ 1 00 It I ~1J.<t>I / ' PARCEL III I,~<;) ;,}<S- _oo~ \'I ~7w-lINE I I N8S 'S2'OO" W 213.61'(0) I I 25.0' w I <"r:..o~~ " (REFERENC E BEARING) NUS'S,2'OO"W (P) . . 399.83'(F) f &~~~<if ~V' ~ e,,0 .... I;::: I I N8S'SO'26"W: 213.SS'(F) glb ___ f,,~O~--1 _ I ~ l;j 'I~ R/W LINE I '" I OJ P,O.C. SUBMERGED b ,0 ---..L_____ -------~_.l, ~I LAND LEASE "A &~..qltO i;jlo ~-------- . ---__ . l!.t 0 a ~ . N8S'S2 'OO " W 400~Q7" (P) - - - - - - - _ ~ .z n - - - - -- - ---- - - __ _ . WESTERLY 400.00'+/-(0) ---'~~~CEL II U,S. HICHWAY 98- - -- -~ - - -- - -- __ __ - -- - - SUBM ERGED LAND LEASE SCALE: 1" = 100' SPECIFIC PURPOSE SURVEY DATE DRAWN: 5JULY10 (THIS IS A FIELD SURVEY) SHEET 3 OF 7 DISK NO.: 99183EE-SLL CHOCTAW ENGINEERING, INC,' ENGINEERING • SURVEYING • LAND PLANNING • (850) 862-6611 • FAX (850) 863-8059 112 TRU XTON AVENUE • FORT WALTON BEACH : FLORIDA 32547 LB No . 1532  I~ J I - I J ~ I ~ I :.; f; t B ~, I q 121.5' GRAPHIC SCALE 80 040 80 DIMENSIONS SHOWN HEREON ~!!'0 - ~~rihl'd ' ; REPRESENTS DOCI< INFORMATION (DOES NOT INCLUDE LEASE AREA) ( IN FEET ) I SCALE : 1" = 80 ft. I n to co If) I SUBMERGED LAND LEASE SPECIFIC PURPOSE SURVEY ' (THIS IS A FIELD SURVEY) SHEET 7 OF 7 CH OCTAW ENGINEERING, IN C. ' ENGINEERING • SURVEYiNG • LAND ' PLANNING • (850) 862-6611 • FAX (850) 863-8059 112 TRUXTON AVENUE · FORT WALTON BEACH. FLORIDA 32547 ' LB No. 1532 <:. ., Inslr If. 269'1 '178 BK: 2S77 PGAOG6,Page'l of 3 Recorded 03/24/20 '1'1 al 03:'12 PM, RECORDING: $'15.00 RECOFIDING ARTICLE V: $'12.00 This Instrument prepared by DGPUll' CLERI( SCOPE and after recording return to : DON W. I-IOWARD.CLERI< or- COURTS. OI(,~LDOSA COUNll'. r-l John D, HUillphreville, Esq. Sa lvatori , Wood & Buckel, P.L. 9132 Strada Place, 41h Floor Naplas, FL 34108 AMENDMENT TO MARINA EASEMENT AGREEMENT (Correct Legal Description) THIS AMENDMENT TO THAT CERTAIN MARINA EASEMENT AGREEMENT is made this c:? 1 l::k day of Marcil, 2011, to correot the legal description 'found in that certain Marina Easement Ag reement recorded on October 26,2010, in the Public Records of Okaloosa County, Florida, at Official Records Bool< 2958, Page 472, et seq, by Destin West Beach and Bay Resort - Bays ide Property Owners Association, Inc., a FIQrida not-for-profit corporation (hereinafter "Grantor"), and Destin West Marina, LLC, a Florida limited liability company (hereinafter "Grantee") , for the purpose of correcting the legal description of the "Property" described in Exhibit "A" to the Marina Easement Agreement as follows : . 1. The legal description of the Property as set forth in the Marina Easement Agreement is replaced with the legal description attached hereto as Exhibit "A" 2. In al l other respects , the terms and conditions of the Marina Easement Agreement remain in full force and effect. IN WITNESS WHEREOF, Grantor and ' Grantee have executed this Amendment to Marina Easement Agreement this 83 l/-t;k day of March,2011. Signed , sealed and delivered GRANTOR: in our presence (Corporate Seal) DESTIN WEST BEACH AND BAY . RESORT-BAYSIDE MASTER PROPERTY OWNERS ASSOCIATION, INC, a Florida not for :~OfitC~$:liO.~ ~~_ PnntN e 2;/~ Its: ' . ''-'A .~ . • 1.... . Page 1 Proiaw:397992 . ," STATE OF FLORIDA COUNTY OF OI<ALOOSA _~ The foregoing instrument was acknowledged before me this c:i t 1:. day of March , 4 2011 , by ylJ m PET F1eS . .o,t Destin West Beach and Bay Resort-Bayside Master Property Owners .Assoclatlon, Inc., wr~IS' ers0u::{:::__ '. . ~ .,~\ \ \~ ~ :ld~'{)li/ I/ ;. .:$ ':ICl ........ 0'1_~ •• ' ~\SSIOt\t '" r "1.- /NO~,( P~ - "B - ' ARY SEAL] . '" ~ ..::'CJa~,\~6. .?oQ-t:i.·.. ~ PLEASE PRINT OR TYPE NA E OF NOTARY :: .~ 'l I'S'~ .~. =*: _ • • • "'1) t.n~ =. '*_. ~~~~\ '. YDD 987092 IL ..= :go :.~ ~ ~ .~ ~;.'. ~""'ldDd~ ., ~ " 1~ tO~ •• ~a~l~ .' •• ' ~ ~v,!~~ i'/,111 Vc ST"'i l'.O\,..:~" GRANTEE: II/Illi 11111\ \\\\\\ STATE OF FLORIDA COUNTY OF OKALOOSA The foregoing instrument was acknowledged before me of 1)1 )j·R c.. H , 2011 , by FRe b ~ ··rOL l5ed2.~( (( I , as of Destin West Marina , LLC ., who is personal ly known to me. --L..!.....L...~~::.....:::::~-W...~_ I . / /-.C--~ ...- -..- -----, ~ ifAR1' PUBLIC !N~ ARY SEAL] \.fo ~ b,--,/ (J~ . PLEASE PRINT OR TYPE N./ E OF NOTARY Page 2 Prolaw:397992  EXHIBIT 'N LEGAL DESCIUPTJON : A PORTION OF LOTS 23-A AND 23 -B, SANTA ROSA ISLAND, SUI3DlYISON OF BLOCK 13, ACCORDING TO TI-lB PLAT THEREOF HECORDED IN PLATBOOI( "', ~I..?A.QE" 8 ,4l?,, OE, THE PUBLIC RECORDS OP,OKALOOSA COUNTY j FLOIlIDA; ' MORE PARTICULARLY DESCIUBED AS COMMENCJNO AT THB SOUTHEAST , CORNER OF SAID LOT 23-8; THENCE NORTH 04°08'00" EAST ALONG THE EASTERLY BOUNDARY OF SATD LOT 23-B, A DISTANCE OF 82,00 PEET TO A CONCRETE MONUMENT ON THE NORTH IUGHT-OP-WA Y LINE or u,s, ' HIGHWAY 98, THENCE'NOR'h-I 85°50'26" WEST ALONG SAID NORTH RIGHT· OF-WAY LrNE, A DISTANCE OF 213 ,55F.):':8TTO AN lllON PIN (#2032) AND THE POINT OF BEGINNING; THENCEDEPARTD'lG SAID NORTH RlOl-:!T-OF-WAY LINE, PROCEED NORTH 08°14'00" EAST, A DISTANCE OF 555,69 FEET TO A NAIL & DISK (#4450); ON A SBAWALLALQNG TI-lECHOCTAWHATCHEE BAY; THENCE CONTINUE ALONG SAID SEAWALL THE fOLLOWING DESCRIBED COURSES A}.ID DISTANCES: NORTH 09°23'53" EAST, 39,77 FEEl; THENCE ' SOUTH 71 °29'35" EAST, 55 ,19 FEET; THENCE NORTH 81°58'13" EAST, 13,97 ". ',' FEET; THENCE NORTH 5]°]3'23" EAST,21.18 FEET; THENCE SOUTH 70°19'24" , EAST, 505,92 FEET TO A POINT ON THE EAST LINE OF SAID LOT 23 -A; , THENCE DEPARTMG SAID SEA WALL SOUTH O,\00S'03" WEST ALONG SAID EAST LINE, A 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,  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 ~ 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  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"): a. Alllinlitations and restrictions contained in this Easement Agreement; b. That certain Master Declaration of Covenants, Conditions and Restrictions for Destin West Beach and Bay Resort-Bayside, recmded, in the public records of Okaloosa County, Flmida at Book 2544, Page 4562 (the "Master Declaration"); and c. Those preserved easements and amendments of Paragraph 5 (but not those to be vacated pursuant to Paragraph 3), restrictions and other provisions of the Settlei11ent Agreement. 8. Assignment. All rights, powers and privileges herein .reserved and given to either party shall inure to the benefit of and be held by the respective successors, heirs and assigns of the parties hereto, and likewise, all liabilities and obligations imposed upon each shall be binding upon the respective successors, heirs and assigns of the paliies hereto; with such successors, heirs and assigns acquiring such rights, powers and privileges subject to the terms and conditions of the Settlement Agreement. 9. Amendment. This Agreement constitutes tbe entire Agreement ofthe parties and . may not be amended except by written instrument executed by all parties hereto. 10. Venue and Choice of Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of Florida. In the event any litigation to enforce or interpret th is Agreement, the parties hereto do hereby agree that the exclusive forum thereof shall be the Circuit Court of Okaloosa County, Florida. . Page 3 of 6 ,. . < I i I 1] . Headings. The paragraph headings are inserted for convenience only and are in no way inlended to ciescribe, interprel, define 01' limit the scope or content of this Agreement or any provis ion hereof. 12. Altol'l1eys Fees. In connection with any litigation, including appellate proceedings, arising out of this Agreement, the prevailing party shall be entitleci to recover reasonable attorney's fees and costs . 13 . Merger. No prior or present Agreements or representations by or between the parties shall be binding upon any of the palties hereto except those incorporated in this Agreement. IN WITNESS WHEREOF, Gl'311tor and Grantee have executed th is Easement Agreement effective as of this M day of ~ ((}!3.l~, 2010. (Corporate Seal) Signed, sealed and del ivered DESTIN WEST BEACH AND BA Y In Our presence RESORT-B A YSIDE PROPERTY OWNERS ASSOCIATION, INC, a Florida not for pr fi t corporati Witness #1 (print name below) PrInted Name . STA TE OF FLORIDA COUNTY OF OKALOOSA The fore goin g instn)l,nenl was ,cknowl ed ged befo re me In i day of 0 t C s25~h OJ b 20 10, by :J) )"Yl ti? y5 re . ofDestll1 West Beach and Bay Resort-Bayside Property Owners Association, Inc., who is personally known to me. . :\\\\\\\1 11 11 11//1/ . U ~\\\\",\)\H BO)'}IIII,!/. C';~ ; [( ~ " "'" ~ ~ ~,....I-"'-.:c..::.---,-->-<-",,-~=.._~+-_ :f ... ~~",:s3SI0N~' •• ~ NOTARY ~ UBLIC [NOTA . ,.- =:*: ~ ~ : ->...CJ ~,,\\\ .20" ~ '. .~ 'I" Ii'~ .::: <JI ~ ~ ::: '10 1.) 12 ~~ : ..... :* ~ __---'-.:./A;:.:.CJ.L!...Jl~(.J...cJ,.l.!::()_'b::::..kZ~Q.:I..__ _ __ ~ 9.... RD0868187 ..'~ '2 Printed Name of Notary ." ~ " A....- ... ,, ~ ~ ~ '9}-',. ~~~i\1:?nj\ ,,' c§:"$' ~ ,0 " ' ..n·If'O\I\~:,' ~v ~ ~'/. ~8J """" a~ ~~ II/ <Ie STlil'\:. \\'\ . 1//)//111 111\1\\\\\ Page 4 of 6  DESTIN W" D1ARlliAJ-LC, ,..ft,.F+ ~I a limit clliability co.'!l~, c8 &,;P , CiuAJe.... Witness #1 (print nnme below) ~ . / ~ ~d~ ". Witness # (print nnme below) S )) ;ILl e y I geM 'r:. SEAL] Printed Name of Notary Page 5 of 6  ,, ~. : ~1 EXHIBIT "A" A portion of Lot 23-A and Lot 23-8, S~nta Rosa Island, Subdivision of Biock 13, according to tl)6 plf,\'t tllsreof recorded In Plat Book 2., page 84 F, of the Public Records of 01<~llo()5H County, Florida, being more partiGUlclrly described as oommenclng al the Southeai31 corner of said Lot 2:~-A; thence run North 04°08'00" East along .the Easterly boundary of Lot 23-A per said plat, bOI'derlng Ninth 868Cl1 Freeway, 82,00 feet to a concrete monument (no #), on the North rlght-of-wl;1y line of U,S, Highway 98 (as It exists in 2003), for i~ Point of 8eglnnlng; thenCB North 85°52'00" West (reference bearing) along salel right-of-way line, 613.45 feet to an Iron pin (#2032); 1hence departing said right-of~ way line, North 08°14'18" E~sl, 655,73 feet 10 a concrete monument (H3027) which is South 08·14'18" West, 13 fsst, mora or less, from the water's edge of Chodawhatchee Bay; thence traverse South 76°32'16" East, 681,36 feet, to C\ point on the EasttJrly bounda.ry of Lot 23·8; thence South 04°08'03" West <:\Iong sC1id EOlsterly boundary, . 460,08 feet, more or less, 10 the Point of Beginning , Containing 7,32 aores, more or less, all in undivided Township 2 South, Range 23 West, Okaloosa County, Florida; lESS AND EXOEPT: All of Sandpiper at Destin West 8each and Bay Resort, a Condominium, according to the Deolaration of Condominium reoorded on July 5, 2004, In Official Records 800k 2544, page 4612, In the Publlo Reoords of Okaloosa County, Florida; and AJI of P€llican at Delstln West Beaoh and Bay Resoli, a Condominium, according to th~ Declaration of Condomlnlum recorded on October 6, 2004, in Offioifill Records Bool< 2566, page 2972, In the Public R.ecords of Okaloosa County, Florida; and · All of Heron at Destin West Beach (3nd Bay Resort, a Condominium, according tei the DeclarAtion of Condominium recorded on June 6, 2006, In Official Records Book 2713, page 895, In the Public Records of Ol<aloosa County, Florida; and All of Osprey at Destin West Beach \3nd 8ay Resort, a Condominium, 2tccording to the Declaration of Condominium recorded on April 24, 200B, in Offiolal Records Book 2703, page 677, In the Public Records of 01<0110058 County, Florlds.; filnd All of ilt .Destlt'l West Office Building, a CondomInium, aoco(dihg to the DeclE1rstion · of Condo,rninlum re.corded on December iLl, 2006, In Official Records Book 2754, pag~ 3470, In the PubliC Reoords of 01<8100s8 COLlnly, Florida, Page 6 of 6  . II! .• EXHIl3iT ":-' .~ A" II .~ ~ ..... ...., I .... ~--- '" ) I -.- -... J .". L. f- a -..J PARCEL III PARCEL II 1[. I . Poe ~1 PARCEl. III (IlEITRENq: BEAIlIIIG) N8S " 2'OO ' W (P) ,1.1 J99 .83' F) .:f ~" R/W UNi .8 18 ~1l 81.8 --- ~-- l'!~ ~ b - _I ~ ~ ~- --- PARCEl. II u.s. ~------------------------- PASCOE SURVEYING & MAPPING, INC, n 8BI'i'lCK ClllCl.K PHON!, 010-011";00 SCALE: I" = 100' BHA.l.JltAi, FLOlrnA U4n FAlC 810·66I,. '2J E'htAJI..t btla.n 4Jp..~ o...lIT y . yl~. coro DATE DRAWN: 1BFEB1D OeRTIFIOATBl OF AUTHORIZATION No. 1:1107 DISK NO. : QOI6JEE- SLL Do.crlptlon SU8lviERGED LAND LEASE SPEClflC PURPOSE SURVEY REVI SED: OKALOOSA County, florida. Soc. ~ Twp. ~ Rg o. 24-W ~~'~~:~o~~~~I ~h!:,o~~ro""tn~a~o,:,~d~h~nd" Not valid Record.d..EJ.AL.. Book __2__ POQ a ~ ~~nu:~nh:rid:;nhc~~r~I~~dp;~i..~io~~11 (~~~ unl ••• boarln9 Job No. 99-183-EE Flald Dot. 15 FEB 2QIO SUf\")<Jf> In Chopl" 81017- 6, florida Prepared For TOlBERT DEVELOPMENT CmlPANY Adrnlul. trotlve Codo, Pur luant to Section +72.027, florida Slalul ... SUl".)'Or·, . mbo •• od sool. Fld. Vol. ~ Pg(.) , _ 5_ 1 _party Chi., BEP . SHEET 3 OF 5 rl~IA~/:.. P:LS~C;;ilri::::·~~.n~9~~rv.)'Or 4: CHOCTAW ENGINEERING, INC.' ENGINEERING ' SURVE'11NG • LAND PLANNING ' (050) 862-6611 . FAX (850) 863-8059 112 TRUXTON AVENUE . FORT WALTON BEACH, FLOrllDA 32547 LB No. 1532  J ~==~~~~==~I__'___(_m~.L--------I----~ ~ ~ "Bo Slip Schedule Slip A·1 to A-B A·7 to A·a 6 ·1 to 6 ·3 8 '4 to B-8 8 ·9 to 8-10 B··I1 to 8-13 6·14 to 8·17 T-1a & T-1b T-2a & T-2b 16.00' 31.00' Tota l: JT I Doc\{ "A" Dock "8" N a + ~f',at"'i 15 (IN FEET) 30 1 inch = 30 ft. ruu. J.. II\ P.E . Ji.ot~''A I "''''1.. ·'-' · 'A')III ' --=~~ 543 H!rbo r Bo ulevard, SultB 204 SLIP COUNT & SCHEDULE Florldl P. E. Numbllr 69932 til 1I~--U..ri-( DeaU n, Flodda 32541 D03tin West M~/1na Dplo: Septenlber 15, 20()9 iii Ccnlll:<>U,n 01 MU,o,tz,'bo ~OIbor 0162 1 - - - - - - - - - - . - - - - - - - - 1 Shooll1cv 0.10: Aug iii -.- -II . 8 50.6~. 1 S5S !\G).J6) . 650.654.0550 :-.:.) us( 13 . 2010 mrd associa tes, inc. ""I.w.nlid.o .. oclolc"'''01 Dutln Wul Mtil ln..ll LLC. j -r 'ADJeCT IlIW'CI. 1500 Mllocb Sill> P., .... YSE, r"" YY,K •• ~cll . FbiI:I' . llS4ll ' !lteT MUIot OtR 09·103.6 I '16 C:ILn/ld Projec/sIMRDI09·103.o Des/In West Mermeld,ygl20 /0·08· 1J P6ITllI/ S6"RIA/IJ)09··/03.o.(/I1'g