Parcel 702P (HMC OP BN, LLC)
PROJECT: Beach Restoration 2004
FOLIO: 00168360006
PARCEL: 702P
TEMPORARY BEACH RESTORATION EASEMENT
THIS TEMPORARY BEACH RESTORATION EASEMENT (hereinafter referred to
as "Easement") granted this \q day of ~.efY'\~er- , 2005, by HMC OP BN
LLC, a Delaware limited liability company, whose mailing address is 6903 Rockledge Drive, ~
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Suite 1500, Bethesda, MD 20817, as Grantor, to the BOARD OF COUNTY COMMISSIONERS <X>
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OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND ;::
AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER
DISTRICT, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, as
Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and their respective heirs, successors and assigns.)
WITNESSETH: That Grantor, for and in consideration of the mutual benefits to be
derived from the Collier County Beach Restoration Project, and other good and valuable
consideration, hereby grants, bargains, and conveys to Grantee this Temporary Beach
Restoration Easement on, over and upon the following described property (hereinafter referred
to as "Easement Property"):
All of that land which is the sandy beach seaward of the vegetation line on the
property of the tract or parcel of land lying within the parcel of real property
described in O. R. Book 2231, Page 544 et Seq. of the Public Records of
Collier County, Florida, a copy of which is attached hereto as Exhibit "A."
This is a non-exclusive Easement with Grantor reserving the right to continued free use of
the Easement Property in a manner not inconsistent with the rights granted herein to Grantee,
subject to the following terms and conditions:
1. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or
dedication to or for the general public and this Easement shall be strictly limited to and for the
purposes expressed herein.
2. Use. The Easement may be used by Grantee, its contractors, agents, and assigns
for the purpose of implementing and maintaining the Collier County Beach Restoration Project
and shall include, without limitation, the right to utilize the Easement Property for enlarging and
maintaining the beach and shoreline by filling with compatible sand, for planting and
maintaining native dune vegetation, to move, store and remove equipment and supplies, to
erect and remove temporary structures on the Easement Property and to perform any other
work reasonably necessary and incident to the Collier County Beach Restoration Project,
together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions
or obstacles within the limits of the Easement Property.
3. Access. Grantee shall have the right of ingress and egress over and across the
Easement Property as is reasonably necessary for the use of any right granted herein.
4. Reasonable Use. The Easement Property constitutes a portion of a hotel property
owned by Grantor (the "Hotel"). Grantee and its agents and contractors shall: (i) exercise any
rights granted hereunder in a manner reasonably designed to minimize interference with the
use by Grantor of its property, including interference with any construction projects undertaken
by Grantor on or near the Easement Property; (ii) provide reasonable notice to the General
Manager of Hotel prior to the commencement of any work in or on such property and
coordinate with such General Manager with respect to the timing of any such work so as to
minimize interference with beach events operated at the Hotel; (iii) perform all activities
authorized hereunder with care and in accordance with all building, health, zoning,
environmental, local and federal laws, ordinances, codes, rules and regulations; and (iv) except
as modified by any improvements contemplated, hereby, promptly cause the Easement
Property and any other affected portion of the property of Grantor to be restored to substantially
the same physical condition as existed immediately prior to the entry therein or thereon by the
Grantee or its agents and contractors, including the restoration of any existing landscaping, and
the removal of any rocks and other debris deposited on the Easement Property as a result of
the Collier County Beach Restoration Project. Grantee further agrees that it shall, at the
Grantee's cost, repair any damage caused to Grantor's property as a result of Grantee's
negligence.
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Temporary Beach Restoration Easement
5. Notice. In the event any damage caused or believed to be caused by Grantee to
Grantor's property, Grantor agrees, within seven (7) days of becoming aware of any such
damage, to notify Grantee in writing, in care of the following individual and address, by certified
mail, return receipt requested:
Ronald Hovell, Project Manager
Office of Capital Projects Management
Collier County Government
3301 Tamiami Trail East
Naples, Florida 34112.
Failure of Grantor to timely notify Grantee of same shall excuse Grantee of any liability
for any and all such damage.
6. Grantor's Obliqation. Grantor agrees not to do or commit any acts that would
interfere with the rights granted to Grantee under this Easement.
7. Covenants Run With the Land. The covenants, rights, restrictions, reservations
and Easement herein set forth are and shall run with the land.
8. Grantor's Representations. Grantor acknowledges that Grantor is the lawful owner
of and has good and marketable legal title to the Easement Property; that Grantor has the full
right, power and authority to grant this Easement to Grantee, and all other rights granted
hereunder; and that Grantor agrees that in the event another party attempts to and/or does not
set aside this Easement based upon a superior right in the Easement Property, or commit any
act which would in any way nullify or interfere with the rights granted hereunder, the Grantor will
take all such steps as shall be necessary and appropriate to secure to Grantee the rights and
interests secured hereunder.
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9. Termination. All rights granted hereunder shall automatically terminate on
December 31, 2024 without the necessity of any further instrument of record.
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This is NOT HOMESTEAD Property
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IN WI SS WHEREOF, the Grantor has caused these presents to be duly executed
this day f De.LE::m 'n~ ' 2005.
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HMC OP BN LLC, a Delaware
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By.
gnature itle) I / 0
BJwA~ v: cJ7fI~oj
(Print or type)
Name:
(Print or type)
STATE OF f~}~
COUNTY OF \ef'
The foregoing TEMPORARY BEACH RESTORATION EASEMENT was acknowledged
before me this \q day of De.c.etnbe.r , 2005 by 'Uclofio... 'Lrt1\~ J (Name/Title) of
HMC OP BN LLg' .~ Delawa~e limited liability company, ;h(;i~wn to me or who
has produced ('\~e..r5 \r~as identification.
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(Signatur f Notary PubliC)
" \'(12rJec ~&)r~
(Print Name of Notary Pic)
NOTARY PUBLIC
Serial/Commission #:(if an~l
My Commission Expire~~~~"", V.ln lese
~.. j*= Co,!"mission # 00475928
.;:t.......~ Expires September 26, 2009
,sr.~ IIorKfod T"" F.in .lnSUl1lnc., Inc 800.385-7019
(affix notarial seal)
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.l~ifil:..~ v. Inglese
~~l:j~ COf!1mission # 00475928
~'f.''''''~ Expires September 26, 2009
,sr.~ Bonde<! T"" F... .1__.100 800-:\85-7019
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