Beachfront Property Sample Clauses
The 'Beachfront Property' clause defines the specific rights, restrictions, or obligations related to properties that are located directly on a beach or have direct access to a beachfront. This clause may address issues such as exclusive use of the beach area, maintenance responsibilities for beachfront boundaries, or limitations on construction and modifications to preserve the natural environment. Its core practical function is to clearly outline the unique considerations and expectations associated with owning or using beachfront property, thereby preventing disputes and ensuring both parties understand their rights and duties regarding the valuable and sensitive beachfront location.
Beachfront Property. The protective ocean front building setback guidelines voluntarily imposed in the mid-1970's by the predecessors in title of the Property Owner as well as the Property Owner since June 1988 with respect to the ocean front dunes for the purposes of setting back residential building structures, shall be continued by the ARB respecting its regulation of usage and placement of such structures on ocean front Lots at Kiawah Island. The strict customs and usages of the ARB shall likewise be continued in regard to such house structure setbacks and shall be adjusted by the ARB for each oceanfront site or it deems best and most appropriate. Attached hereto as Exh. 16.3 is the confirmation of intent as to the deed(s) of conveyance of the Beachfront Strip pursuant to Section 16(b) of the Initial Agreement. Property Owner hereby acknowledges that certain License/Access Agreement dated December 31, 1993, and that Grant of Exclusive License dated April 15, 1997, as set forth in Exhibits 31.1 and 31.2, respectively, to be in full force and effect. Any covenants or deed reservations recorded prior or subsequent to the License Agreements by Property Owner and contrary thereto shall be deemed ineffective. The emergency beach accesses identified in the License/Access Agreements shall not be obstructed in any manner inconsistent with the rights of the Town as set forth in the License/Access Agreements. The Town shall have the absolute right to access the beach at those emergency beach access points pursuant to the License/Access Agreements. Provided, however, the Parties agree that the Property Owner may re-locate the Beachwalker Park beach access to allow the Development authorized under this Agreement so long as a new beach access for Town vehicular use is provided by Property Owner nearby, in addition to the cooperation or rights that are specified in Exhibits 31.1 and 31.2. Property Owner further acknowledges that the Town shares concurrent jurisdiction with the South Carolina DHEC‘s Department of Ocean and Coastal Resource Management (“OCRM“) and federal agencies in accord with state and federal law, including the Town's jurisdiction and authority as set forth in Section 48-39-10, et. seq., of the South Carolina Code of Laws, 1976, as amended.
