NON-EXCLUSIVE LICENSE AGREEMENT

THIS NONEXCLUSIVE LICENSE AGREEMENT (this "License Agreement") granted by Dennis J. Fullenkamp; as President of the Waterview Property Owners' Association, Inc., a Florida corporation not for profit, (hereinafter collectively referred to as "Licensor") to Insert Property Owner (hereinafter referred to as the "Licensee").

RECITALS:

A. Licensor is the owner of certain real property located along the shoreline of the Zyphyr Waterway, Interceptor Lagoon and the Santa Cruz Waterway (hereinafter collectively referred to the "Waterway"), as more particularly depicted and designated as:

Tracts G-2 and G-3, lying in the FIRST REPLAT IN PORT CHARLOTTE SUBDIVISION SECTION NINETY-FOUR, as recorded in Plat Book 15, Pages 48A through 48R, Public Records of Charlotte County, Florida.

(Hereinafter referred to as the “Greenbelt”).

B. Licensee is the fee owner of certain real property located adjacent to the Greenbelt in the County of Charlotte, State of Florida, and more particularly described as:

Insert Address & Legal Description

(Hereinafter referred to as the "Licensee's Property")

C. It is the desire of Licensor to grant a license on, over and across a portion of the Greenbelt to the Licensee, and it is the desire of the Licensee to accept such grant of license, in accordance with the terms and conditions herein contained.

NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Licensor and Licensee, intending legally to be bound, agree as follows:

1. LICENSE. Licensor hereby gives to Licensee and Licensee hereby takes a perpetual nonexclusive license to enter upon and use the Greenbelt only within the area lying directly between Licensee's Property and the highwater line, as depicted on the First Replat in Port Charlotte Subdivision Section Ninety Four, as recorded in Plat Book 15, Pages 48A through 48R, of the Public Records of Charlotte County, Florida, and no other property, which use is expressly limited to the uses set forth in a. through d. below, provided, however, that prior to exercising any of its rights under this License Agreement, Licensee shall first submit to Licensor at the address set forth in Paragraph 11 below to the attention of the Environmental Control Committee, a specific statement describing the work and plan therefor in writing at least thirty (30) days prior to doing any work or making any modifications to the Greenbelt for Licensor's prior written approval. Licensor, by and through the Environmental Control Committee, shall have the right to approve, reject or modify the Licensee's request. Any work or modifications done without Licensor's prior written consent shall be considered unauthorized and shall constitute a default under this License Agreement. All work, modifications or improvements shall be at Licensee’s sole expense. Only the following uses are allowed, subject to the consent requirement set forth above:

a. Access. Pedestrian ingress and egress over and across the Greenbelt to provide pedestrian access between the Greenbelt and the waters of the Waterway; provided, however, that, in conjunction with this pedestrian access right, Licensee shall be entitled to prepare and maintain one (1) path of a reasonable width in a location approved by Licensor in advance, with Licensee being allowed to use only natural materials, such as woodchips and bark, to improve the path, it being understood that no other materials, including but not limited to stone, brick, gravel or concrete, shall be placed on the Greenbelt. Except as necessary to construct or maintain the improvements permitted by this license, no motorized vehicles shall be used or placed on the Greenbelt.

b. Docks, Piers and Boat Landing. The right to construct and maintain a dock, pier or boat landing that will accommodate watercraft and approved related facilities in the Waterway abutting the Greenbelt in accordance with applicable laws, and in a location and configuration approved by Licensor in writing. Licensor may condition its approval on Licensee making modifications to the Greenbelt to avoid shoreland erosion and that Licensee may, with Licensor's advance written approval, undertake reasonable erosion control measures in compliance with applicable laws. Licensee acknowledges that erosion control measures are subject to approval from various governmental agencies having jurisdiction. Further, while Licensor acknowledges that it is difficult to estimate the time necessary to obtain approval from the pertinent governmental agencies, Licensor shall use reasonable efforts to obtain approvals in a timely manner. All watercraft stored at the dock, pier or boat landing shall be stored on elevated lifts. Licensee is permitted to place an underground electrical line through the Greenbelt in compliance with all applicable codes to provide reasonable lighting and electrical service to the dock, pier or boat landing. The location and specifications of the underground electrical line shall require Licensor's prior written consent. Licensee shall use a vibratory trenching device to install the electrical service in order to minimize ground disturbance.

c. Removal of Brush and Shrubbery. The right to clear brush and shrubbery to clear the path permitted under Subparagraph (a) above and to clear brush and shrubbery of less than four (4) inches in diameter (measured at the height of five (5) feet from the ground) within an approved corridor between Licensee's Property and the Waterway (the "View Corridor") in a location approved by Licensor in writing, with Licensor agreeing that it will not require the view corridor be less than fifteen (15) feet. 

This License Agreement is and shall be expressly limited to the uses and purposes set forth above, and no other uses, alterations, storage, improvements or other activities shall be allowed in the Greenbelt (unless, in each instance, Licensor's prior written approval has been obtained). Such prohibited activities include, but are not limited to, constructing or placing any unauthorized improvements or structures such as buildings, fences, mobile homes, recreational vehicles, camping trailers, permanent or mobile camping structures, benches, sheds, irrigation pumps, landscaping, bird feeders, etc.; performing any topographic changes or alterations of the natural landscape (except as expressly permitted above) by excavation, drainage, filling, dumping, or any other means; dumping trash or any unsightly or offensive materials; erecting, displaying, or maintaining signs, without Licensor's prior written consent; removing, destroying, cutting or trimming any stumps, trees, shrubs, bushes, or plants; overnight camping; open fires; permanent placement or the overnight leaving of carts, wagons, barbecue grills, bicycles or similar items; ground disturbing activities (i.e., performing topographic changes or altering the natural landscape by excavating, draining, filling, dumping or other means); operating motorized vehicles; and the overnight storing of watercraft (other than at an approved dock or pier).

2. TERM. The term of this License Agreement shall commence on the date that this agreement is executed by all parties, and shall continue in perpetuity, or until such date that this License Agreement is terminated pursuant to Paragraph 8 below.

3. COMPLIANCE WITH LAWS. Licensee covenants and agrees that the dock, pier or boat ramp shall at all times be kept in good and safe condition and in accordance with all applicable laws, ordinances, rules, regulations and requirements of all federal, state and municipal governments, including, but not limited, all environmental protection laws (which are collectively referred to herein as "applicable laws"). Licensee shall indemnify, defend and hold Licensor harmless from and against any and all loss, cost, liability, or expenses, including but not limited to, attorneys fees and costs, whether incurred prior to or at trial, or on appeal, for any and all violations of the applicable laws related to the dock, pier or boat ramp, its construction, existence, maintenance, or removal, or otherwise.

4. LICENSEE ASSUMPTION OF RISK. Both Licensee and Licensor recognize the hazards incident to leaving a watercraft stored at Licensee’s dock, pier or boat landing. Licensee acknowledges that the water levels of the Waterway may vary from time to time and that Interceptor Lagoon is and shall remain a high speed body of water for boaters. Licensor assumes no responsibility for any damages, liability or loss whatsoever, including, but not limited to, change in water levels, wakes from passing watercraft, electrical accident, collision, fire, theft, sinking, animals, acts of God and naturally occurring hazards.

5. LIABILITY INSURANCE. Licensee shall provide Licensor with general liability insurance in the amount of $50,000.00 insuring Licensor against any and all claims arising from or connected with the use of the Licensed Premises pursuant to this License Agreement and also will, at his or her sole expense, carry liability and casualty insurance insuring the property stored at the dock, pier or boat landing. Insurance Policy must list Waterview Property Owners Association, Inc. as additionally insured.

6. TERMINATION. If Licensee violates any of the terms and conditions set forth in this License Agreement including, but not limited to, conducting or allowing any activities in violation of Paragraph 1, Licensor shall have the right to declare Licensee in default, and Licensor may send written notice to Licensee of such default. If Licensee fails to cure such default within thirty (30) days after written notice to Licensee (provided, however, that in the event Licensor has sent more than three (3) notices of default to Licensee, Licensor shall have no duty to allow Licensee the opportunity to cure the fourth default), then Licensor may exercise the remedies reserved to Licensor hereunder. Further, Licensee acknowledges that certain defaults may not be able to be cured within thirty (30) days of notice or public safety may require immediate termination of the License Agreement, and in those situations Licensor shall have no duty to allow for a cure period and may terminate the License Agreement immediately. Licensor shall have, in addition to all other rights and remedies at law or in equity, the absolute right to terminate this License Agreement after expiration of the applicable notice and cure period. In the event of a termination, the Licensee shall in such event promptly remove its dock, pier or boat ramp, and the other improvements, and if it fails to remove such items, Licensor is authorized to do so at Licensee's expense. Licensor shall have the right to exercise its right to terminate this License Agreement in whole or in part. 

7. SUCCESSORS AND ASSIGNS. The terms, conditions and rights contained herein shall be covenants running with the land and shall be appurtenant to the Greenbelt and Licensee's Property. The terms and conditions contained herein shall bind, inure to the benefit of and be enforceable by Licensor and its representatives, agents, employees, successors and assigns and by Licensee and their permitted successors and assignees.

8. CONSENT OF LICENSOR FOR ASSIGNMENT OR SUBLICENSE. No assignment of this license or any interest therein and no sublicense for any purpose shall be made or granted by Licensee without the prior written consent of Licensor.

9. NOTICE. Whenever notice is required to be given pursuant to this License Agreement, the same shall be given in the manner and to the party as follows:
If to Licensor:
President of Waterview Property Owners Association 
3443 Hancock Bridge PKWY Suite #3 
N. Fort Myers, FL 33903
and
Waterview Property Owners' Association, Inc. 
3443 Hancock Bridge PKW Suite #
 N. Fort Myers, FL 33903

If to Licensee:
Insert Property Owner & Address

All notices and other communications required or permitted hereunder shall be in writing and mailed in the United States mail, postage prepaid, addressed to Licensor or Licensee, as the case may be, at the address therefor set forth above, or at such other address as either party shall hereafter designate by like notice, which notices shall be deemed to have been given on the date of mailing.

10. SEVERABILITY. If any term, provision or condition of this License Agreement shall, to any extent, be invalid or unenforceable, the remainder of this License Agreement (or the application of such term, provision or condition to persons or circumstances other than in respect of which it is invalid or unenforceable) shall not be affected thereby; and each term, provision and condition of this License Agreement shall be valid and enforceable to the fullest extent permitted by law.

11. FLORIDA LAW. The terms and provisions of this License Agreement shall be governed by and construed in accordance with the laws of the State of Florida.

12. ATTORNEYS' FEES. Either party hereto (or their respective representatives, successors and assigns) may enforce this instrument by appropriate action, and the prevailing party in such action shall be entitled to recover, as part of its costs, reasonable attorneys' fees and expenses incurred in such action.

13. COUNTERPARTS. This License Agreement may be executed in one or more counterparts, each of which shall be deemed an original and which, when taken together, shall constitute one and the same instrument. Signature(s) of the parties to this License Agreement may be executed and notarized on separate pages.

14. AMENDMENT. Neither this License Agreement nor any of the terms, covenants or conditions hereof may be modified or amended, except by an agreement in writing, duly executed and delivered by the party against whom enforcement of such modification or amendment is sought.

15. NONEXCLUSIVE RIGHTS. Licensee understands that the Greenbelt is subject to the authority of the Waterview Property Owner’s Association, Inc. and the rights granted under this License Agreement are subject to the Declaration of Covenants and Restrictions, recorded in Official Records Book 669, Page 1484, et. seq., of the Public Records of Charlotte County, Florida, as amended and supplemented. Licensor expressly reserves and retains the right to use, or to grant to others the right to use, the surface and subsurface of, and the air space above, the Greenbelt for all lawful purposes, including without limitation the right to pass over the Greenbelt to remove improvements on the Greenbelt that are in violation of this License Agreement and to perform Licensor's obligations under Declaration of Covenants and Restrictions, recorded in Official Records Book 669, Page 1484, et. seq., of the Public Records of Charlotte County, Florida.

16. LAWS AND REGULATIONS. The License Agreement herein granted shall be subject to all laws, rules, regulations, ordinances and other requirements of law, including, but not limited to, federal, state and local laws, rules, regulations, ordinances and other legal requirements.

17. INDEMNITY. Licensee shall and hereby does indemnify and hold Licensor harmless from and against any and all claims, liabilities, costs and expenses arising from or in connection with this License Agreement and Licensee’s use and maintenance of the Greenbelt, including but not limited to, loss of life, injury and/or damage to persons or property, or interference with or violation of real property rights, except to the extent that any such claim, liability, cost or expense arises from or in connection with any willful misconduct or grossly negligent act or omission of Licensor. Licensee shall, at Licensee's expense, repair any damage to the Greenbelt occurring as a result of Licensee's use of the Greenbelt, except to the extent any such damage occurs as a result of any willful misconduct or grossly negligent act or omission of Licensor.

18. VIOLATION. After notice and expiration of the cure period provided in Paragraph 8 hereof, Licensor may, but shall not, in any event, be obligated to, make any payment or perform any act hereunder to be made or performed by the Licensee; provided, however, that no entry by Licensor upon the Greenbelt for such purposes shall constitute or be deemed to be an interference with this License Agreement; and provided, further, that no such payment or performance by Licensor shall constitute or be deemed to be a waiver or consent to a default by the Licensee hereunder, or shall prevent Licensor from pursuing any other right or remedy available hereunder, at law or in equity. All sums paid by Licensor and all costs and expenses (including, but not limited to, attorneys' fees) incurred by Licensor in connection with any such payment or performance, together with interest at the highest rate permitted by applicable law, shall be due and payable by the Licensee within twenty-one (21) days after the receipt of notice from Licensor setting forth the amounts due and owing pursuant to this Paragraph 20.

IN WITNESS WHEREOF, the parties have executed this License Agreement at Port Charlotte, Florida, the day and year written below.

LICENSOR     

____________________________________________ 
President of Waterview Property Owners Association, Inc.

Printed Name: Dennis Fullenkamp               Date: ______________________

State of _____________________     County of_______________________

SWORN TO AND SUBSCRIBED before me this ____ day of _______________, 20___, by, as President of Waterview Property Owners Association, Inc., on behalf of the corporation [ ] who is personally known to me or [ ] who produced ________________________________________ as identification.

[seal]					(Sign)___________________________________

(Print)___________________________________

My Commission Expires: ___________________

LICENSEE

_________________________________________      Date: _______________________
Printed Name: Insert Owner 1

__________________________________________    Date: ________________________ 
Printed Name: Insert Owner 2

State of _____________________     County of_______________________

[seal]					(Sign)___________________________________

(Print)___________________________________

My Commission Expires: ___________________