This document was drafted by and after
recording should be returned to:
Xxxx Xxxxx Xxxxx, Esq.
Xxxxxxx & Xxxxx
000 Xxxx Xxxxxxxxx Xxxxxx
Xxxxx 0000
Xxxxxxxxx, XX 00000
NON-EXCLUSIVE EASEMENT
NON-EXCLUSIVE EASEMENT made and entered into as of the ____
day of __________, 1996 by DECADE PROPERTIES, INC., a Wisconsin
corporation ("Grantor") and CHARTHOUSE SUITES VACATION OWNERSHIP,
INC., a Florida corporation ("Grantee").
RECITALS:
WHEREAS, the Grantor is the owner of the real estate located
in Pinellas County, Florida legally described on attached Exhibit
A (the "Property");
WHEREAS, the Grantee has acquired from the Grantor a right
to use certain suites in the Charthouse Suites Hotel pursuant to
a certain Master License Agreement dated _______________, 1996;
and
WHEREAS, the Grantor has also agreed to grant to the Grantee
a non-exclusive easement for use and enjoyment of certain common
areas as described herein.
NOW, THEREFORE, in consideration of the sum of TEN AND
NO/100 DOLLARS ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, it is hereby agreed as follows:
1. Grant of Easement. The Grantor hereby grants,
bargains, sells, conveys and transfers unto the Grantee a non-
exclusive easement for the use and enjoyment of certain common
areas as described in Paragraph 2 below of the Property (the
"Common Areas"), subject to the terms of this Agreement, from the
date hereof until December 31, 2050, unless sooner terminated as
provided in this Agreement. It is understood that the Grantee
may grant to the holders of Vacation Ownership Interests in the
Charthouse Suites pursuant to License Agreements executed between
the Grantee and such holders, rights to the use and enjoyment of
said Common Areas. Such rights may be used by such holders of
Vacation Ownership Interests, their respective families, guests,
invitees, tenants, contract vendees and such other persons to
whom the Grantee may from time to time, extend the privilege of
use and enjoyment of the Common Areas. It is understood the
Grantor reserves for itself, its successors and assigns and all
other users of the Charthouse Suites Hotel and Marina the right
to the use and enjoyment of the Common Areas in common with the
Grantee and the holders of Vacation Ownership Interests.
2. Common Areas. The Grantee shall only have the right to
use and enjoyment of those areas designated as Common Areas. The
Common Areas shall consist of the areas described on attached
Exhibit B and no other areas of the Property. The Grantee shall
have no right to enter upon or the right of use and enjoyment of
any area or other part of the Property except as designated as a
Common Area on Exhibit B attached hereto or to which the Grantee
has been granted any other rights of use thereof pursuant to the
Master License. It is understood that the Marina is not a part
of the Common Areas and the Grantee shall have no rights
whatsoever with respect to the Marina.
3. Repairs, Maintenance and Replacements. The Common
Areas shall be maintained in good, clean, sanitary, and operating
condition and in compliance and in conformity with all applicable
laws, ordinances, rules and regulations whatsoever. All
maintenance, replacement and repair required hereunder shall at
all times be completed and performed in a first-class workmanlike
manner. All costs of maintenance, repair and replacements shall
be divided among the parties having the right to control the use
of the various hotel suites in the Property with each category of
suite being responsible for the following percentages:
Class A 14.5716%
Class B 11.4284%
Class C 22.7142%
Class D 31.2858%
Class E 11.2858%
Class F 8.7143%
The percentage share of said expenses allocated to the particular
class of suite shall be divided between the Grantor and the
Grantee based on the party who has the right to control the
particular weeks in the particular class of suite.
4. Indemnity. The Grantee hereby agrees to indemnify and
hold harmless the Grantor and its successors and assigns from any
and all suits, actions, causes of action, liabilities, claims,
damages or judgments arising out of the use and enjoyment of the
Common Areas by the Grantee or by others claiming by, through or
under the Grantee, including without limitation court costs and
reasonable attorneys' fees.
5. Termination. It is understood that this Agreement and
the rights granted to the Grantee hereunder shall immediately
terminate on the earlier of the following events:
A. The termination of the Master License Agreement;
B. The default by the Grantee in payment and
performance of all of the provisions of this
Agreement, which default is not cured within
thirty (30) days after written notice of such
default is given by the Grantor; or
C. December 31, 2050.
Upon such termination, all rights of the Grantee under this
Agreement shall terminate, provided that Grantee's
indemnification responsibilities under Paragraph 4 above shall
continue and survive said termination.
6. Attorney Fees. If any party hereto shall seek legal
recourse to enforce or effectuate the performance of this
Agreement, the prevailing party shall be entitled to recover all
costs and expenses of enforcement, including without limitation,
reasonable attorney fees and court costs.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the date first above written.
GRANTOR:
DECADE PROPERTIES, INC.
Witnesses:
________________________________ By: __________________________
________________________________
GRANTEE:
CHARTHOUSE SUITES VACATION
OWNERSHIP, INC.
Witnesses:
________________________________ By: __________________________
________________________________
ACKNOWLEDGMENT
STATE OF ______________ )
) ss
COUNTY OF _____________ )
The foregoing instrument was acknowledged before me this ___
day of __________ 1996 by _________________________ as
_________________________ of Decade Properties, Inc. on behalf of
said corporation. He/She is personally known to me or has
produced _______________ as identification and who (did/did not)
take an oath.
________________________________
Notary Public
State of _______________________
My Commission expires: _________
ACKNOWLEDGMENT
STATE OF ______________ )
) ss
COUNTY OF _____________ )
The foregoing instrument was acknowledged before me this ___
day of __________ 1996 by _________________________ as
_________________________ of Charthouse Suites Vacation
Ownership, Inc. on behalf of said corporation. He/She is
personally known to me or has produced _______________ as
identification and who (did/did not) take an oath.
________________________________
Notary Public
State of _______________________
My Commission expires: _________
EXHIBIT A
(LEGAL DESCRIPTION)
EXHIBIT B
COMMON AREAS
1. Pool and Pool Area.
2. All grounds (exclusive of the hotel building) except the
marina.
3. All driveways and parking areas located upon the Property.
4. All elevators, hallways and stairways within the hotel
building.
5. The laundry room and facilities.
