Dunes of Seagrove Development, Inc. $($Developer$)$

was constructing a condominium project in Walton

County, Florida. During construction, the Devel$-$

oper entered into an agreement with Dunes of Sea$-$

grove Beach Services, Inc. $($vendor$)$ that contained

the following language:

WHEREAS, Developer and $[$the Vendor$]$ are desirous of

entering into an easement agreement $($the "Easement"$)$

where by Developer grants to the $[$Vendor$]$ an easement

over and across the Beach for the purpose of ingress and

egress to the Beach and an easement over the Beach for

the purpose of providing Beach Services; and

WHEREAS, the parties desire that this Ease$-$

ment be and constitute a covenant running with the

land belonging to the respective parties for an initial

period of thirty $(30)$ years and that same shall be

binding on and inure to the benefit of the parties, hereto,

their successors and assigns.

The Vendor was to provide the usual beach

services for those using the beach. The Developer

recorded the agreement in $2002.$

In $2012,$ the Vendor assigned the rights under the

beach services agreement to the Developer. When

the condominium project was completed, owner$-$

ship of the project was turned over to the Dunes of

Seagrove Owners Association, but the Developer

still had the right to furnish beach services. The

Association filed suit to stop the Developer from

holding the right to furnish beach services, argu$-$

ing that the Developer had given the Vendor only

a license that ended when the title was turned over

to the Associatifon. The Developer maintains that it