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GRANT OF EASEMENT This instrument prepared by: Stephen J. Szabo, III, Esq. Foley & Lardner LLP 100 North Tampa Street, Suite 2700 Tampa, Florida 33602 ERK OF COURT KEN BURKE, CL FLORIDA PINELLAS C0545UN~05/04l2007 at 11:40 AM INST# 20071 PG' 484-493 OfF REC BK: 1R5~~~RDiNG: $86.50 [)oCType:EAS ------------------- For Recording Purposes Only GRANT OF EASEMENT This Grant of Easement is made this ~ day of April, 2007, by THE CITY OF CLEARWATER FLORIDA, a Florida municipal corporation, its successors and assigns ("Grantor") in favor of CRYSTAL BEACH CAPITAL, LLC, a Florida limited liability company, its successors, assigns and affiliates and their respective invitees and licensees (collectively, "Grantee"). WHEREAS Grantor is the fee owner of certain real property located in Pinellas County, Florida, as more particularly described in Exhibit "A," attached hereto and made a part hereof (hereinafter, the "Easement Property"); and Grantee is the owner of certain adjacent real property located in Pinellas County, Florida, as more particularly described in Exhibit "B," attached hereto and made a part hereof (hereinafter, "Benefited Property"), which Benefited Property is the intended site of a beachfront hotel and condominium resort and parking garage facility to be constructed thereupon (the "Grantee Facilities"); and Grantor desires to grant unto Grantee a non-exclusive, perpetual easement over, above, upon, through and across the Easement Property for all lawful purposes, including, without limitation: (i) pedestrian ingress and egress over sidewalks, stairwells, landings, arcade, elevated sidewalks, and such other access paths as may be agreed upon between the parties for purposes of allowing Grantee access to the Grantee Facilities, (ii) rights for and access to cafe seating, retail and restaurant operations and other facilities to provide concessions within the Easement Property, and (iii) an easement for the construction, use and occupancy of the sidewalks, landings, arcade, elevated sidewalks, stairwells, other access paths, cafe seating and other facilities as described in subsections (i), (ii) and (iii) above, including foundations ands support columns and structures (collectively, the "Access Improvements"). Now, therefore, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby declare as follows: TAMP _528784.2 GRANT OF EASEMENT 1. Adootion of Recitals. The foregoing Recitals are hereby acknowledged as being true and correct, and the same are hereby adopted and made a part of this Grant of Easement. 2. Grant of Access Easement. Subject to the terms and conditions of this Grant of Easement, Grantor hereby conveys and grants to Grantee a non-exclusive, perpetual easement over, above, upon, through and across the Easement Property for all lawful purposes, including, without limitation: (i) pedestrian ingress and egress over sidewalks, stairwells, landings, arcade, elevated sidewalks, and such other access paths as may be agreed upon between the parties for purposes of allowing Grantee access to the Grantee Facilities, (ii) rights for and access to cafe seating, retail and restaurant operations and other facilities to provide concessions within the Easement Property, and (iii) an easement for the construction, use and occupancy of the Access Improvements, including foundations ands support columns and structures. Notwithstanding anything herein to the contrary, Grantee acknowledges and agrees that its right to use and enjoy the easements granted hereunder shall upon completion of construction of improvements upon the Benefited Property remain in effect for so long as Benefited Property is developed and used in substantial accordance with the uses permitted under that certain Second Amended and Restated Development Agreement recorded in O.R. Book 13996, Page 2409, Public Records of Pinellas County, Florida, as subsequently amended from time to time (e.g., beachfront hotel and condominium resort and parking garage facility and related facilities). 3. General. This Grant of Easement shall be binding upon both Grantor and Grantee, as well as all of their successors and assigns, and shall constitute covenants appurtenant to and running with the land described herein, and shall inure to the benefit and be binding upon the heirs, successors, assigns, tenants, agents, employees, guests and invitees of Grantee, and their successors and assigns. 4. Maintenance. Grantee shall be responsible for the construction and maintenance of the Access Improvements located on the Easement Property in a state of good condition and repair. Grantee shall perform all construction and maintenance in accordance with all applicable laws, codes and ordinances. 5. Notices. All notices, requests, demands and other communications which are required or may be given under this Grant of Easement shall be in writing and shall be deemed to have been duly given: (a) when received, if personally delivered; (b) the day after being sent, if sent for next-day delivery to a domestic address by recognized overnight delivery service (e.g., Federal Express); or (c) five days after being sent, if sent by certified or registered mail. 6. Attornevs' Fees. In the event of any dispute arising out of this Grant of Easement or any instrument given in connection herewith, or in the event it shall become necessary for any party to employ counsel to protect the party under this Grant of Easement or any instrument given in connection herewith, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, whether incurred out of court or in litigation, including fees and costs incurred for representation on appeals, expert witness fees and costs for paralegal assistance. 2 TAMP _528784.2 7. Bindine: Effect. This Grant of Easement, and all the terms, conditions, covenants, representations and warranties hereunder, shall be binding upon, and inure to the benefit of, the parties, their respective personal representatives, heirs, successors and permitted assigns. 8. Waivers. No action taken pursuant to this Grant of Easement, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant or agreement contained herein, therein or in any document delivered in connection herewith or therewith. The waiver by any party to this Grant of Easement of a breach of any provision of this Grant of Easement shall not operate or be construed as a waiver of any subsequent breach of such provision or as a waiver of any breach of any other provision of this Grant of Easement. 9. Construction and Venue. The formation, interpretation and performance of this Grant of Easement shall be construed pursuant to and governed by the laws of the State of Florida. The parties hereto hereby agree that the venue of any action, proceeding, claim, counterclaim, crossclaim, or other litigation arising out of this Grant of Easement shall be in Pinellas County, Florida. 10. Headine:s. The headings of the various sections in this Grant of Easement are inserted for the convenience of the parties and shall not affect the meaning, construction or interpretation of this Grant of Easement. 11. Pronouns. The masculine pronoun, wherever used herein, shall mean or include the feminine or neuter pronoun wherever applicable, and whenever words are used herein in the singular or plural form, they shall be construed as though they were also used in the other form, in all cases where such should apply. 12. Severability. If any clause or prOVIsIon herein contained operates or would operate to invalidate this Grant of Easement in whole or in part, then such clause or provision only shall be deemed severed and not a part hereof, as though not contained herein, and the remainder of this Grant of Easement shall remain operative and in full force and effect. 13. Entire Ae:reement: Amendment. This Grant of Easement and all exhibits and schedules attached hereto together constitute the entire agreement between and among the parties with respect to the subject matter hereof, which agreement supersedes all prior agreements and understandings, oral or written, between and among the parties to this Grant of Easement with respect to the subject matter hereof. This Grant of Easement may not be modified or otherwise amended except by a written instrument expressly referring to this Grant of Easement and executed by the party to this Grant of Easement against whom such amendment is sought to be enforced. IN WITNESS WHEREOF, the undersigned has executed this Grant of Easement this _ day of April, 2007. 3 TAMP _528784.2 GRANTOR: Countersigned: ~.\". / __.f ./ . 7.'...A!!LA'~ 11::/ " . By: FranIlV. Hibbard Mayor CITY OF CLEARWATER, FLORIDA ~<t...,. ~.~...~ William B. Home II City Manager -:l Cynthia E. ~au City Clerk Approved as to form: Pamela . Akin City Attorney GRANTEE: Signed, sealed and delivered in the presence of: CRYSTAL BEACH CAPITAL, LLC rk~ (Witness Signature) Print Name: c;.lc< 15 BA-STA.5 ~'~ (Witness Signature) Print Name: iV'a ~,t:- 6"~".,~ 2- Neil STATE OF FLORIDA COUNTY OF HILLS BOROUGH The foregoing instrument was acknowledged before me this L day of April, 2007, by Neil J. Rauenhorst, manager of NJR Development Company, L.L.C., sole manager of Crystal Beach Capital, LLC, a Florida limited liability company, on behalf of the companies, who is G2ersonallv known to me~r produced as identification ~""y -II\. Notary Public State of Florida !~ . Natalie Gomez \. ~ J' MI' Commission 00576921 OF '" ~ EXPires 07123/2010 >;~f~ Notary Public - Signature Print Name: N a 1-4-/, e. GD m e '2- My Commission Expires: "'/;..~I/o . I. 4 TAMP _528784.2 TAMP _528784.2 EXHIBIT "A" LEGAL DESCRIPTION OF EASEMENT PROPERTY L=173.17' R=5965.02' b.=01039'4S" C LEN=173.16' BRG=N 06"54'57" E Co o 8 .- lU . I") o in p CD o 2 ~ ~ ~ :::i C) ~ ~ ~ ~ ~ ~ o :s ~ lU Q in S & & a::: a.. AQUALEA RE80AT PAOP08ED SIDEWALK ~8EMENT '-.-/ ST LAtI) SlJNEYE, fie. . 111 FCREST L.AKES BOUlEVARD OL.DSUAR. FlORIDA 34677 llOlJNDARY -1OflOGIWIIt:-CQNSJIIICJDl S1'MBlIT PH: (813) 854-1342 FAt (813) .. OWG. NO.: S 83"54'S7'" E 17.50' REMAINDER OF lOT 56 ~ "-.. I I _.'~"-"-" I -..- : SOUTH 20' LOT 56 L.._ ..- "-"- "-'0- NOT TO SCALE Co o I(j o .- , I I I , I I LOT S7 3: ..... ~ ~ t:1 <( lU a !3 It) >- I") p c( N CD 3: c> o t... a.. en O:g .....01 e:! iEn; ~ O. ,-"-" -"- "-.. -.l CO -'.-...- 1110 ~6 , :>~ t..." I ...J . 5~ , @ tJ , <2 ~ ~ r"-"-,,-,,-,,-,,- 15 I L-173.6S' R=5982.52' b.=01 "39' 48" C L.EN=173.S7' BRG-S 06"54'51" W I ,"-"-,,-,,- i ..-..-..- I I I o QJ VACATED .3RD STREET 2 o iij :> a III ~~ a:::C> lUo.. 2 ~I") ~.- en ~ai _a.. i ~ o ...J ...J LOT S8 lOT 59 ,.i ii2i~' ....... if . ._~ ~\' 35.00 "-.._ q,& f cgr~WEST C~~N~-"- SHEET 1 OF 2 I 5048_08 SEE APDIE N.T.S. GAP 2JX1 J(J7 KOM NlA NJA N/A 8UWEY0R'8 Cl!RTFlCATE I hereby certify this SKElQi Of DESmPllON to be the graphic depiction mode bx. me, or under my direct supervision, on the date(sJ shown, which meets the MINIMUM lECHNICAl STANDARDS set forth by the. flORIDA BOARD PROFESSIONAL LAND SURVEYORS d MAPPERS In er 61G17-6, flORIDA lR CODE, t to . 47 7._ TAlUTES. {; SKETCH and DESCRIPTION PROJECT NO. DRA'MNGt SCALE DRAWN DAn: CHECI<EDIQC FIBD CREW DESORIPTION. Proposed Sidewalk Easement Commence at the Southwest corner of Lot 59, Uo)'d-White Skinner Subdivision, as recorded in Plat book 13, Page 12, Public records of Pinellas County, Florida; thence N 8215'44" W on a projection of the South boundary line of said Lot 59, a distance of 35.00 feet to the Point of Beginning, said point being the Southwest comer of a portion of Gulf View Boulevard vacated per ordinance No. 7600-06, O.R. Book 14956, Page 2380; thence continue along said projection N 8215'44" W, a distance of 17.50 feet to a point on a curve to the left; thence along said curve 173.17 feet, having 0 radius of 5965.02 feet, and a central angle of 01'39'48" subtended by a chard bearing of N 06'54'57" E and a distance of 173.16 feet to a point of tangency, said curve being 17.50 feet West and parallel to said vacated right-of-way thence N 06'05'03" E, a distance of 105.06 feet; thence S 83"54'57" E along the projection of the North line of the South 20 feet of Lot 56 of said Uo)'d-White Skinner Subdivision, a distance of 17.50 feet to a point on said vacated right-of-way; thence S 06'05'03" W along said vacated right-at-way, 0 distance of 105.06 feet to a point of curvature; thence 173.68 feet along a curve to the right, having a radius at 5982.52 feet and a central angle of 01'39'48", subtended by a chord bearing of S 06'54'57" Wand a distance of 173.67 feet to the Point of Beginning. Parcel contains: 4873 Square Feet, 0.1119 Acres NOTEs. 1. nus IS A SKETCH AND DESCRIPllON. "THIS IS wn A BOUNDARY SURVEY. 2. BASIS OF BEARING: "THE SOU"TH UNE OF LOT 59 BEING N82'S'44'E, ASSUMED. 3. THERE WAY BE ADOIllONAL EASEMDlTS. RESTRlCllONS, ~D/OR MATlIRS NOT SHO" ON "THIS SKETCH AND DES~lPllON MilCH MAY BE FOUND IN THE PUBUC RECORDS OF lHIS COUNTY. 4. THIS SKETCH AND DESCRIPllON IS tlQI VAUD W1HOUT THE SlGNAlURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SUR'v'EYOR AND MAPPER. AQUALEA RESORT EASEMENT DE8CRPTION PRO.JECT NO. 1048.08 DRA~ ao4808 SHEET 2 oU i TAMP _528784.2 EXHIBIT "B" LEGAL DESCRIPTION OF BENEFITED PROPERTY Exhibit B LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 29, RANGE 15 EAST, PINEll.AS COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 57, LOT 104, THE SOUTH 20.00 FEET OF LOT 56, AND THE SQUTI-l20.00 FEET OF LOT 103, OF THE LLOYD-WHITE-SKINNER. SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE 12, OFTI-lE PUBLIC RECORDS OF PINEU..AS COUNTY, FLORIDA. TOGETHER WITH LOT 105, LOT 106, AND THE NORTH HALF OF LOT 107, OF THE LLOYD-WHITE-SKINNER SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE 12, OF THE PUBLIC RECORDS OF PINEILAS COUNTY, FLORIDA. TOGETHER WITH LOT 58 AND 59, OF THE LLOYD-WHITE-SKINNER SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE 12, OF THE PUBLIC RECORDS OF PINElLAS COUNTY, FLORIDA. TOGETHER WITH THAT PORTION OF THIRD AVENUE A 60.00 FOOT RIGHT- OF-WAY TO BE VACATED. BEING BOUNDED ON THE EAST BY THE WEST RIGHT-OF-WAY LINE OF CORONADO DRIVE, AND ON THE WEST BY THE EAST RIGHT-OF-WAY LINE OF GULF VIEW BOULEVARD, ON THE NORTH BY THE SOUTH PROPERTY LINE OF LOT 57 AND LOT 104, AND THE SOUTH BY THE NORTH PROPERTY LINE OF LOT 58 AND LOT 105. TOGETI-lER WITH THE EAST 35.00 FEET OF A 70.00 FOOT RIGHl'-OF-W A Y OF GULF VIEW BOULEVARD TO BE VACATED; BOUNDED ON THE NORTH BY THE WESTERLY EXTENSION OF A LINE LYING 20 FEET NORTH OF AND PARALlEL wrrn THE NORTH PROPERTY LINE OF LOTS 57 AND 104, AND ON '!HE SOU'!H BY THE WESTERLY EXTENSION OF THE SOUTH LINE OF LOT 59. LESS AND EXCEPT THE EAST 10.00 FEET THEREOF. CONTAINING 1.563 ACRES, MORE OR LESS. OR BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE '!HE THE NORTHEAST CORNER OF THE SOUTH 20.00 FEET OF LOT 103, OF llOYD-WHITE-SKINNER SUBDMSION, AS RECORDED IN PLAT BOOK 13, PAGE 12, OF THE PUBLIC RECORDS OF PINEl.l..AS COUNTY, FLORIDA, A FOUND PK NAIL AND DISC L.B. 2610; THENCE, N.83054157"W., ALONG THE NOR'11-I BOUNDARY OF THE SOUTH 20.00 FEET OF SAID LOT 103, 10.00 FEET TO THE POINT OF BEGINNING, A FOUND 1/2" CAPPED IRON ROD L.B. 4513; THENCE S.06005'03"W., 105.06 FEET TO A FOUND 1 /2" CAPPED mON ROD L.B. 4513, ALSO BEING A POINT OF CUR" A TURE OF A CURVE CONCAVE NORTHWEST AND I-lAVING A RADIUS OF 6,227.52 FEET'; THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT, 199.76 FEET THROUGH A CENTRAL ANGLE OF 1050'27" (CHORD 199.75 FEET, BEARING S.07000'17"W), TO A FOUND 1/2" CAPPED IRON ROD L.B. 4513; TIIENCE NON-TANGENT FROM SAID CURVE, N.811159'43"W., 90.18 FEET TO A FOUND 5/8" CAPPED IRON ROD L.B. 3889, ALSO BEING A POINT ON A NON-TANGENT CURVE CONCAVE NORTHWEST AND HAVING A RADIUS OF 6,127.52 FEET: THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT, 18.89 FEET THROUGH A CENTRAL ANGLE OF 00010'36" (CHORD 18.89 FEET, BEAlUNG N.OB053'38"E.) TO A FOUND 4"X4" CONCRETE MONUMENT; THENCE NON-TANGENT FROM SAID CURVE, N.82D15144"W., 145.16 FEET TO A POINT ON A NON-TANGENT CURVE CONCA VB NORTHWEST AND HAVING A RADIUS OF 5,982.52 FEET, SAID POINT BEING A FOUND PK NAIL & DISC LB. 2610: THENCE ALONG TIlE ARC OF SAID CURVE TO THE LEFT, 173.68 FEET THROUGH A CENTRAL ANGLE OF 01039'48" (CHORD 173.67 FEET, BEARING N.06054'57"E.) TO A FOUND PI< NAIL & DISC L.B. 2610, ALSO BEING THE POINT OF TANGENCY; THENCE N.06D05'03"E., 105.06 FEET TO A FOUND PK NAil.. & DISC L.B. 2610, SAID POINT BEING ON TIlE NORTH BOUNDARY OF THE SOUTH 20.00 FEET OF LOTS 103 AND 56 EA'TENDED; THENCE ALONG SAID NORTH BOUNDARY, S.83054'57"E., 235.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1.563 ACRES; MORE OR LESS.