MUTUAL LICENSE AND USE AGREEMENTPrepared by
City Attorney's Office
City of Clearwater
100 S. Osceola Avenue
Clearwater, FL 33756
MUTUAL LICENSE & USE AGREEMENT
THIS MUTUAL LICENSE & USE AGREEMENT ("Agreement") is made as
of this 'd4"4"' day of 'ill ct,rCLl , 201g, by and between the BW CW
HOSPITALITY, LLC, a Florida limited liability company, whose current principal
address is 5847 San Felipe Street, Suite 4600, Houston, TX 77057 (herein "BWCW" or
Licensee) and the CITY OF CLEARWATER, a municipal corporation organized and
existing under the laws of the State of Florida with an address for purposes hereof of 100
S. Osceola Avenue, Clearwater, Florida 33756, Attention: City Attorney's Office (herein
"City").
WITNESSETH:
WHEREAS, BWCW owns fee title to that certain parcel of real property legally
described in Exhibit "A" attached hereto and made a part hereof ("BWCW Parcel") on
which is a multi -story Hotel development, publicly accessible parking area, and other
improvements and appurtenances with a street address of 301 S. Gulfview Blvd.,
Clearwater, Florida 33756; and
WHEREAS, BWCW Parcel was subject to that Second Amendment and
Restated Development Agreement recorded at Official Records Book 13996, Page 2409
in the Public Records of Pinellas County, Florida and dated December 10, 2004, which
required a minimum of 400 publicly accessible parking spaces herein after referred to as
Public Parking Spaces; and
WHEREAS, those parking spaces remain available to the public; and
WHEREAS, the City is the owner of certain real property adjacent to the BWCW
Parcel, including the S, Gulfview right-of-way, Beach Walk improvements and the public
beach a portion of which is within the Lloyd, White, and Skinner Sudvision Lots 10-13
and generally shown on Exhibit "B" attached hereto and made part hereof ("City
Property"); and
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Project") as shown on Exhibit "C" attached hereto and made part hereof, to provide the
public safe access to the City Property; and
WHEREAS, the construction of the Overpass Project serves a municipal purpose
to provide access for the 400 Public Parking Spaces and handicapped access and reduce
pedestrian vehicle conflicts within the City right of way adjacent to Beach Walk; and
WHEREAS, the Overpass Project supports the health, safety and welfare of
citizens and visitors to the City of Clearwater; and
WHEREAS, the Overpass Project requires BWCW to make certain improvements
to City Property for the benefit of the public; and
WHEREAS, it is necessary for BWCW to acquire consent of use from the City
regarding use of portions of the City Property for construction and access to the area as
shown on sheet A100D of Exhibit C, ("Construction Use Area") in order to construct and
maintain the Overpass Project; and
WHEREAS, the Overpass Project will impact the signature plaza of BeachWalk,
SunDial Plaza and reduce the public space; and
WHEREAS, BWCW shall pay for the Overpass Project and for the Improvements
as contemplated herein.
NOW, THEREFORE, in consideration of the foregoing and other good and
valuable consideration, and the sum of One and No/100 Dollars ($1.00), the receipt of
which is hereby acknowledged, the City does hereby authorize BWCW to construct in,
upon, over, under and across the City Property to the extent reasonably necessary for the
purposes of constructing the Overpass Project as hereinafter provided, and to have access
for the continued maintenance of the Overpass Project and the City and BWCW agree that
this use is subject to the following:
1. RECITALS. The recitals set forth above are true and correct and are
incorporated by reference herein.
2. LICENSE. The City hereby grants to BWCW and BWCW hereby
accepts from the City, an exclusive license to utilize the City Property for construction,
repair and maintenance only, of the Overpass Project as contemplated herein ("License").
The City hereby grants to BWCW and BWCW hereby accepts from the City, a
nonexclusive license to utilize the City Property for access.
3. NO INTEREST IN LAND. The License is not coupled with an interest
in land. It is expressly understood that this Agreement does not in any way whatsoever
grant or convey any permanent easement, lease, fee or other real property interest in the
City Property to BWCW. The City specifically reserves the right to grant other rights of
entry in regard to the City Property, including the public's continued rights of access, as
long as the same do not interfere with the rights granted to BWCW to construct, repair and
maintain the Overpass Project.
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4. PERMITS. Jointly, as co -applicants, BWCW and the City shall
coordinate and seek permits for the Overpass Project with the appropriate government and
regulatory agencies, including the Florida Department of Environmental Protection
("FDEP") (individually and collectively, the permits for the Overpass Project and are the
("Permits"). BWCW shall have the sole responsibility to for the cost of applying for and
obtaining the Permits.
5. CONSTRUCTION OBLIGATIONS. BWCW shall construct the
Overpass Project on the BWCW Parcel and the City Property in accordance with the plans
attached hereto as Exhibit "C". During the construction of the Overpass Project, the City
grants to BWCW an exclusive license to the Construction Use Area for the Overpass
Project construction of the Overpass Project. During construction, BWCW shall employ
plans and procedures to minimize disruption of use of Beach Walk and other public areas
adjacent to the Construction Use Area by following the plans and procedures as attached
hereto as Exhibit "D". Prior to completion of the Overpass Project, BWCW shall
promptly repair any damage to any property or improvements owned by the City located
on or adjacent to the Construction Use Area that was caused by the construction of the
Overpass Project.
6. CONSTRUCTION COSTS. BWCW shall be responsible for all
construction costs associated with the permitting, construction and ongoing maintenance
of the Overpass Project.
7. ONGOING MAINTENANCE OBLIGATION. BWCW shall maintain
the Overpass Project as part of its regular maintenance routine and in compliance with
Exhibit "E" ("Overpass Standards"). BWCW shall maintain the Overpass Project in a
neat and attractive condition and in good repair similar to other maintenance activities
and standards conducted on Beach Walk and consistent with the Overpass Standards
and this Agreement.
8. USE/TERM. The parties intend for the Overpass Project to be used as a
public access to and from the BWCW Parcel, public parking garage and the City
Property. The City will not disturb or require the removal of the Overpass Project as
long as there is not a default by BWCW of its obligations under this Agreement
pursuant to Section 11 hereof; provided, however, that the City may require the removal
of all or a portion of the Overpass Project if the City acting through the City Manager
or his designee determines that the City Property is required for another bona fide
public purpose inconsistent with the Overpass Project pursuant to this Agreement
section 11. The City, as an entity of government, is subject to the appropriation of
funds by its legislative body, in an amount sufficient to allow continuation of its
performance, in accordance with the terms and conditions of this Agreement, for each
and every fiscal year following the fiscal year in which this Agreement is executed and
entered into, and for which this Agreement shall remain in effect.
9. CONDITIONS OF AGREEMENT. The continued use of the City
Property is expressly conditioned upon BWCW's performance of the following
conditions of Agreement:
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a. Continuous maintenance of 400 Public Parking Spaces;
b. The public shall not be excluded from the access and use of the Overpass
Project and Public Parking Spaces to the benefit of private use and the Overpass Project
shall be open and available to the public at all times these improvements are open to
others;
c. Continued maintenance of the Overpass Project consistent with the Overpass
Standards. In the event the conditions as stated herein are not met or continually
maintained, the City has the option to remove the Overpass Project from the right of
way after sixty (60) days prior written notice and BWCW's ability to object at a public
hearing.
10. COMMENCEMENT AND COMPLETION. BWCW shall commence
construction on the Overpass Project within two (2) years of the date hereof, and complete
construction within eight (8) months of the commencement date. In the event the
Overpass Project is not permitted or constructed by BWCW, this Agreement shall be
null and void and there shall be no further obligations for either party hereunder.
11. TERMINATION. This Agreement shall be subject to termination by
City at such time as the occurrence of any one, or more, of the following:
A. Material default by BWCW in the performance of any of the terms,
covenants or conditions of this Agreement or by BWCW's failure to maintain the Overpass
Standards as required by this Agreement, and in the failure of BWCW to remedy, or to
undertake to remedy, to City's reasonable satisfaction such default for a period of thirty
(30) days after receipt of written notice from City to remedy same; or
B. BWCW's failure to meet the commencement and completion date
requirements herein shall constitute a default. After such failure, in the City's reasonable
discretion, the City may, with thirty (30) days prior written notice and an opportunity for public
hearing, terminate this Agreement; or
C. Failure of BWCW to maintain insurance as required by Section l4of
this Agreement; or
D. Receipt by BWCW of written notice from City that the Clearwater
City Council has determined at a duly constituted public meeting that the City Property is
required for any other municipal purpose; provided, however, that City shall furnish written
notice to BWCW at least thirty (30) days prior to any forthcoming meeting of the
Clearwater City Council at which the subject matter of the use of the City Property is the
subject matter so that BWCW may attend and participate in any such meeting(s). In such
event, City shall serve BWCW with not less than one hundred eighty (180) days written
notice of such intended use, following which this Agreement shall terminate in every
respect, and both parties shall be relieved of any further obligations hereunder, subject to
provisions which survive termination or expiration by virtue of express provisions
contained and set forth in this Agreement.
[G M 16-1420-204/210785/1]
At such time as any of the aforementioned termination events occur, all rights
granted herein in favor of BWCW shall automatically extinguish and the obligations
hereunder shall be null and void.
12. NOTICES. Any notice to be given to Licensee hereunder shall be
addressed to BWCW at 5847 San Felipe Street, Suite 4600, Houston, TX 77057, with a copy
to Katherine E. Cole, Esq., Hill Ward Henderson, 600 Cleveland Street, Suite 800,
Clearwater, Florida 33755, or such other address as BWCW may hereinafter designate in
writing to the City. Notices to be given to the City hereunder shall be addressed to City
of Clearwater, c/o City Attorney's Office, 100 S. Osceola Ave., Clearwater, FL 33756.
All notices hereunder shall be by certified mail, postage prepaid, return receipt requested.
13. INDEMNIFICATION. To the extent provided by law, BWCW,
understanding and agreeing that the rights and privileges granted in this Agreement are limited
by the City's rights, title and interest in the land to be entered upon and used by BWCW, will
at all times assume all risk of and indemnify, defend, and hold the City, its officials, its
employees, and its agents harmless from and against any loss, damage, cost, expense, claim,
suit, or judgment arising in any manner on account of BWCW's use of the City Property,
construction of the Overpass Project, or the exercise or attempted exercise by BWCW of the
rights and privileges granted to BWCW under this Agreement. This provision shall survive
termination or expiration of this Agreement.
14. INSURANCE OBLIGATIONS.
14.1 BWCW shall cause the contractor engaged by BWCW to construct the
Overpass Project to carry standard and reasonable insurance coverage(s) as is normally
required by the City for construction within a right of way.
14.2 Upon completion and conveyance of the Overpass Project by BWCW to the
City, pursuant to this Agreement, BWCW shall maintain Commercial General Liability
Insurance coverage, including but not limited to, premises operations, products/completed
operations, products liability, contractual liability, advertising injury, personal injury,
death, and property damage in the minimum amount of $1,000,000 (one million dollars)
per occurrence and $2,000,000 (two million dollars) general aggregate. on the Overpass
Project. Such Insurance Requirements shall require the City of Clearwater to be named as
an additional insured on the BWCW insurance covering the Overpass Project.
15. BILL OF SALE. By execution below, BWCW hereby transfers to the City
all right, title, and interest in the Overpass Project, whether they be categorized as personal
property or improvements to real property, including but not limited to the plans and permits
for the construction of the Overpass Project and landscaping, irrigation, supports, and
elevations upon their completion by BWCW and acceptance by the City.
16. AUTHORITY. By execution below, the undersigned represent that they
have been duly authorized by the appropriate body or official of their respective entity to
[G M 16-1420-204/210785/1]
execute this Agreement, and that the respective parties have complied with all of the
requirements of law, and have full power and authority to comply with the terms and
provisions of this Agreement.
17. ASSIGNMENT AND SUBLETTING. Neither party hereto may assign or
sublet its rights hereunder without the prior written consent of the other party, which consent
shall not be unreasonably withheld, conditioned or delayed; provided, however, that BWCW
may, without the consent or approval of City: (a) assign or sublet its rights hereunder to its
affiliate or to any successor owner of the BWCW Parcel that assumes this Agreement, and/or
(b) collaterally assign its rights hereunder to an institutional lender.
18. COMPLIANCE WITH LAW. BWCW, at its sole expense, shall comply
with all applicable federal, state and local environmental laws in connection with the Overpass
Project, and shall not allow the storage, use, disposal, or discharge by itself or others, of any
contaminants or hazardous materials as defined in federal, state or local environmental laws
on or about the City Property other than ordinary course uses in compliance with such laws.
19. SEVERIBILITY. If any term, covenant or condition of this Agreement, or
the application thereof to any person or circumstance, shall be determined to be unenforceable
by a court of competent jurisdiction (the "Offending Provision"), then the remainder of this
Agreement, or the application of such term, covenant or condition to persons, entities or
circumstances other than those as to which it is invalid or unenforceable, shall not be affected
thereby and each term, covenant and condition of this Agreement shall be valid and enforced
to the fullest extent permitted by law; provided, however, that the parties affected by the
Offending Provision shall endeavor in good faith, within sixty (60) days after the date such
determination is made, to agree upon alternative provisions which shall have the same
practical effect as the Offending Provision and upon any agreement being reached, the new
provision shall be incorporated into and form a part of this Agreement.
20. ENTIRE AGREEMENT. This Agreement, together with any additional
Addenda and/or Exhibits attached hereto, shall constitute the entire agreement between the
parties. No other agreements unless incorporated and made a part herein, shall be binding on
either party. No amendment or modification of this Agreement shall be effective unless agreed
to in writing by the parties.
21. APPLICABLE LAW & VENUE. The parties agree that Florida law shall
apply in enforcing provisions of this Agreement and waive trial by jury in any action or
proceeding brought to enforce the terms of this Agreement. The venue for any proceedings
brought to enforce this Agreement is in Pinellas County, Florida.
[G M 16-1420-204/210785/1]
22. NO 3RD PARTY RIGHTS. Parties hereto do not intend nor shall this
Agreement be construed to grant any rights, privileges or interest to any person not a party to
this Agreement.
23. NON -WAIVER. A delay in exercising, or failure to exercise, any right or
remedy under this Agreement does not constitute a waiver of such or other rights or remedies
and does not operate to prevent the exercise or enforcement of any such right or remedy. No
single or partial exercise of any right or remedy under this Agreement prevents further
exercise of such or other rights or remedies. The rights, powers and remedies provided in this
Agreement are cumulative and not exclusive of any rights and remedies provided by law. A
waiver given or consent granted by City under this Agreement will be effective only if given
in writing and then only in the instance and for the purpose for which it is given.
24. FORCE MAJEURE. No party to this Agreement shall be responsible for
any delays or failure to perform any obligation under this Agreement due to acts of God,
strikes, or other disturbances, including, without limitation, terrorist acts, war, insurrection,
embargoes, governmental restrictions, acts of governments or governmental authorities, and
any other cause beyond the control of such party.
Signature page to follow
[G M16-1420-204/210785/11
Signature Page to Mutual License and Use Agreement
IN WITNESS WHEREOF, the Licensor and Licensee have executed this Agreement
as of the date first set forth above.
WITNESSES:
Print Name: re
mgaman
2t
Print Nan'le: Jolie Woodward
BW CW HOSPITALITY, LLC, a Florida
limited liability company
By: `rte
Print Name: Robert Mayo
Title: Vice President
STATE OF TEXAS
COUNTY OF C
THE FOREGOING INSTRUMENT was acknowledged before me this day of
'DM. JAW , 2017, by r h ,b %y-ofBW CW HOSPITALI LLC,
a Florida limited liability company, on be alf of said company, who is either Mersonally
known to me, or ❑ produced as
identification.
[AFFIX NOTARY SEAL OR STAMP]
MARI E. ANGELO
�O1P Uma
• (?.;;::-. Notary Public, State of Texas
9r+r•Comm. Expires O4-09-2021
Notary ID 5165279
[G M 1e-1420-204/210785/1]
Print ' ame:
Notary Public, State of
My Commission Expires: /I/Wit
Signature Page to Mutual License and Use Agreement
Countersigned:
— ctt4 rten Cec00f
George N. Cretekos, Mayor
APPROVED AS TO FORM:
City Attorney
[GM 16-1420-204/210785/1]
CITY OF CLEARWATER, FLORIDA, a
Florida municipal corporation
By:
Name: William B. Horne, II, City Manager
ATTEST:
Rosemarie Call
City Clerk
Exhibit "A"
Legal Description
Hyatt Property
PARCEL 1:
A parcel of land lying in Section 8, Township 29 South, Range 15 East, Pinellas County, Florida, being
more particularly described as follows:
Lot 57, Lot 104, the South 20.00 feet of Lot 56, and the South 20.00 feet of Lot 103, of THE LLOYD -
WHITE -SKINNER SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 13, Page
12, of the public records of Pinellas County, Florida.
Together with Lot 105, Lot 106, and the North half of Lot 107, of THE LLOYD -WHITE -SKINNER
SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 13, Page 12, of the public
records of Pinellas County, Florida.
Together with Lots 58 and 59, of THE LLOYD -WHITE -SKINNER SUBDIVISION, according to the map
or plat thereof as recorded in Plat Book 13, Page 12, of the public records of Pinellas County, Florida.
Together with that portion of Third Avenue a 60.00 foot right-of-way, being bounded on the East by the
West right-of-way line of Coronado Drive, and on the West by the East right-of-way line of Gulf View
Boulevard, on the North by the South property line of Lot 57 and Lot 104, and the South by the North
property line of Lot 58 and Lot 105.
Together with the East 35.00 feet of a 70.00 foot right-of-way of Gulf View Boulevard, bounded on the
North by the Westerly extension of a line lying 20 feet North of and parallel with the North property line of
Lots 57and 104, and on the South by the Westerly extension of the South line of Lot 59.
LESS AND EXCEPT:
The East 10.00 feet thereof, as per terms and conditions and provisions as recorded in instrument recorded
in Official Records Book 12189, Page 2198 and amended in Official Records Book 13996, Page, 2409, of
the public records of Pinellas County, Florida.
ALSO LESS AND EXCEPT:
All of AQUALEA RESIDENCES, A CONDOMINIUM, according to The Declaration of Condominium
recorded in Official Records Book 16930, Page 822, as amended and restated in Official Records Book
18587, Page 1075, and all exhibits and amendments thereof, of the public records of Pinellas County,
Florida.
ALSO LESS AND EXCEPT:
Units No. 809, 833, 835, 942, 1002, 1136, 1140 and 1143 of AQUALEA RESORT, A CONDOMINIUM,
according to The Declaration of Condominium recorded in Official Records Book 16930, Page 709, and all
exhibits and amendments thereof, of the public records of Pinellas County, Florida.
PARCEL 1 IS ALSO DESCRIBED AS:
ALL OF AQUALEA RESORT, A CONDOMINIUM, according to The Declaration of Condominium
recorded in Official Records Book 16930, Page 709, and all exhibits and amendments thereof, of the public
records of Pinellas County, Florida; Less and Excepts Units No. 809, 833, 835, 942, 1002, 1136, 1140 and
1143.
AND
All of AQUALEA COMMERCIAL, A CONDOMINIUM, according to The Declaration of Condominium
recorded in Official Records Book 16930, Page, 916, and all exhibits and amendments thereof, of the
public records of Pinellas County, Florida.
TOGETHER WITH:
[G M16-1420-204/210785/1]
PARCEL 2: (Access Easement)
The non-exclusive perpetual easement over, above, upon, through and across, as set forth in that certain
nonexclusive easement for the benefit of Parcel 1 as created by that certain Grant of Easement dated April
30, 2007, and filed May 4, 2007 in Official Records Book 15775, Page 484, of the public records of
Pinellas County, Florida.
Subject to the terms, provisions and conditions set forth in said instrument, being more particularly
described as follows:
Commence at the Southwest corner of Lot 59, LLOYD -WHITE -SKINNER SUBDIVISION, as recorded in
Plat Book 13, Page 12, of the public records of Pinellas County, Florida; thence North 82° 15' 44"'West on
a projection of the South boundary line of said Lot 59, a distance of 35.00 feet to the Point of Beginning,
said point being the Southwest corner of a portion of Gulf View Boulevard vacated per Ordinance No.
7600-06, recorded in Official Records Book 14956, Page 2380; thence continue along said projection North
82° 15' 44" West, a distance of 17.50 feet to a point on a curve to the left; thence along said curve 173.17
feet, having a radius of 5965.02' feet, and a central angle of 01° 39' 48" subtended by a chord bearing of
North 06° 54' 57" East and a distance of 173.16 feet to a point of tangency, said curve being 17.50 feet
West and parallel to said vacated right-of-way; thence North 06° 05' 03" East, a distance of 105.06 feet;
thence South 83° 54' 57" East along the projection of the North line of the South 20 feet of Lot 56 of said
LLOYD -WHITE -SKINNER SUBDIVISION, a distance of 17.50 feet to a point on said vacated right-of-
way; thence South 06° 05' 03" West along said vacated right-of-way, a distance of 105.06 feet to a point of
curvature; thence 173.68 feet along a curve to the right, having a radius of 5982.52 feet and a central angle
of 01° 39' 48", subtended by a chord bearing of South 06° 54' 57" West and a distance of 173.67 feet to the
Point of Beginning.
The above legal description includes the following parcel identification numbers.
Parcel Number Unit Number
1 07/29/15/01337/000/0803 803
2 07/29/15/01337/000/0805 805
3 07/29/15/01337/000/0807 807
4 07/29/15/01337/000/0811 811
5 07/29/15/01337/000/0813 813
6 07/29/15/01337/000/0815 815
7 07/29/15/01337/000/0817 817
8 07/29/15/01337/000/0819 819
9 07/29/15/01337/000/0821 821
10 07/29/15/01337/000/0823 823
11 07/29/15/01337/000/0825 825
12 07/29/15/01337/000/0827 827
13 07/29/15/01337/000/0829 829
14 07/29/15/01337/000/0831 831
[G M 16-1420-204/210785/1]
Parcel Number Unit Number
15 07/29/15/01337/00010837 837
16 07/29/15/01337/000/0839 839
17 07/29/15/01337/000/0841 841
18 07/29/15/01337/000/0900 900
19 07129115/01337100010902 902
20 07/29/15/01337/000/0903 903
21 07/29/15/01337/000/0905 905
22 07/29/15/01337/000/0906 906
23 07/29/15/01337/000/0907 907
24 07/29/15/01337/000/0909 909
25 07129115101337100010911 911
26 07/29/15/01337/000/0912 912
27 07/29/15/01337/000/0913 913
28 07/29/15/01337/000/0915 915
29 07/29/15/01337/000/0916 916
30 07/29/15/01337/000/0917 917
31 07/29/15/01337/000/0918 918
32 07/29/15/01337/000/0920 920
33 07/29/15/01337/000/0921 921
34 07/29/15/01337/000/0922 922
35 07/29/15/01337/000/0923 923
36 07/29/15/01337/000/0924 924
37 07/29/15/01337/000/0926 926
38 07/29/15/01337/000/0927 927
39 07/29/15/01337/000/0929 929
40 07/29/15/01337/000/0930 930
41 07/29/15/01337/000/0931 931
42 07/29/15/01337/000/0933 933
[G M 16-1420-204/210785/1]
Parcel Number Unit Number
43 07/29/15/01337/000/0935 935
44 07/29/15/01337/000/0936 936
45 07/29/15/01337/000/0937 937
46 07/29/15/01337/000/0940 940
47 07/29/15/01337/000/0941 941
48 07/29/15/01337/000/0943 943
49 07/29/15/01337/000/1000 1000
50 07/29/15/01337/000/1001 1001
51 07/29/15/01337/000/1003 1003
52 07/29/15/01337/000/1006 1006
53 07/29/15/01337/000/1007 1007
54 07/29/15/01337/000/1009 1009
55 07/29/15/01337/000/1011 1011
56 07/29/15/01337/000/1012 1012
57 07/29/15/01337/000/1013 1013
58 07/29/15/01337/000/1015 1015
59 07/29/15101337/00011016 1016
60 07/29/15/01337/000/1017 1017
61 07/29/15/01337/000/1018 1018
62 07/29/15/01337/000/1020 1020
63 07/29/15/01337/000/1021 1021
64 07/29/15/01337/000/1022 1022
65 07/29/15/01337/000/1023 1023
66 07/29/15/01337/000/1024 1024
67 07/29/15/01337/000/1026 1026
68 07/29/15/01337/000/1027 1027
69 07/29/15/01337/000/1029 1029
70 07/29/15/01337/000/1030 1030
[G M 16-1420-204/210785/1]
Parcel Number Unit Number
71 07/29/15/01337/000/1031 1031
72 07/29/15/01337/000/1033 1033
73 07/29/15/01337/000/1035 1035
74 07/29/15/01337/000/1036 1036
75 07/29/15/01337/000/1037 1037
76 07/29/15/01337/000/1040 1040
77 07/29/15/01337/000/1041 1041
78 07/29/15/01337/000/1042 1042
79 07/29/15/01337/000/1043 1043
80 07/29/15/01337/000/1100 1100
81 07/29/15/01337/000/1101 1101
82 07/29/15/01337/000/1102 1102
83 07/29/15/01337/000/1103 1103
84 07/29/15/01337/000/1106 1106
85 07/29/15/01337/000/1107 1107
86 07/29/15/01337/000/1109 1109
87 07/29/15/01337/000/1111 1111
88 07/29/15/01337/000/1112 1112
89 07/29/15/01337/000/1113 1113
90 07/29/15/01337/000/1115 1115
91 07/29/15/01337/000/1116 1116
92 07/29/15/01337/000/1117 1117
93 07/29/15/01337/000/1118 1118
94 07/29/15/01337/000/1120 1120
95 07/29/15/01337/000/1121 1121
96 07/29/15/01337/000/1122 1122
97 07/29/15/01337/000/1123 1123
98 07/29/15/01337/000/1124 1124
[G M 16-1420-204/210785/1)
Parcel Number Unit Number
99 07/29/15/01337/000/1126 1126
100 07/29/15/01337/000/1127 1127
101 07/29/15/01337/000/1129 1129
102 07/29/15/01337/000/1130 1130
103 07/29/15/01337/000/1131 1131
104 07/29/15/01337/000/1133 1133
105 07/29/15/01337/000/1135 1135
106 07/29/15/01337/000/1137 1137
107 07/29/15/01337/000/1141 1141
108 07/29/15/01337/000/1142 1142
109 07/29/15/01337/000/1200 1200
110 07/29/15/01337/000/1201 1201
111 07/29/15/01337/000/1202 1202
112 07/29/15/01337/000/1203 1203
113 07/29/15/01337/000/1206 1206
114 07/29/15/01337/000/1207 1207
115 07/29/15/01337/000/1209 1209
116 07/29/15/01337/000/1211 1211
117 07/29/15/01337/000/1212 1212
118 07/29/15/01337/000/1213 1213
119 07/29/15/01337/000/1215 1215
120 07/29/15/01337/000/1216 1216
121 07/29/15/01337/000/1217 1217
122 07/29/15/01337/000/1218 1218
123 07/29/15/01337/000/1220 1220
124 07/29/15/01337/000/1221 1221
125 07/29/15/01337/000/1222 1222
126 07/29/15/01337/000/1223 1223
[G M16-1420-204/210785/1]
Parcel Number Unit Number
127 07/29/15/01337/000/1224 1224
128 07/29/15/01337/000/1226 1226
129 07/29/15/01337/000/1227 1227
130 07/29/15/01337/000/1229 1229
131 07/29/15/01337/000/1230 1230
132 07/29/15/01337/000/1231 1231
133 07/29/15/01337/000/1233 1233
134 07/29/15/01337/000/1235 1235
135 07/29/15/01337/000/1236 1236
136 07/29/15/01337/000/1237 1237
137 07/29/15/01337/000/1240 1240
138 07/29/15/01337/000/1241 1241
139 07/29/15/01337/000/1242 1242
140 07/29/15/01337/000/1243 1243
141 07/29/15/01337/000/1400 1400
142 07/29/15/01337/000/1401 1401
143 07/29/15/01337/000/1402 1402
144 07/29/15/01337/000/1403 1403
145 07/29/15/01337/000/1406 1406
146 07/29/15/01337/000/1407 1407
147 07/29/15/01337/000/1409 1409
148 07/29/15/01337/000/1411 1411
149 07/29/15/01337/000/1412 1412
150 07/29/15/01337/000/1413 1413
151 07/29/15/01337/000/1415 1415
152 07/29/15/01337/000/1416 1416
153 07/29/15/01337/000/1417 1417
154 07/29/15/01337/000/1418 1418
[G M 16-1420-204/210785/1]
Parcel Number Unit Number
155 07/29/15/01337/000/1420 1420
156 07/29/15/01337/000/1421 1421
157 07/29/15/01337/000/1422 1422
158 07/29/15/01337/000/1423 1423
159 07/29/15/01337/000/1424 1424
160 07/29/15/01337/000/1426 1426
161 07/29/15/01337/000/1427 1427
162 07/29/15/01337/000/1429 1429
163 07/29/15/01337/000/1430 1430
164 07/29/15/01337/000/1431 1431
165 07/29/15/01337/000/1433 1433
166 07/29/15/01337/000/1435 1435
167 07/29/15/01337/000/1436 1436
168 07/29/15/01337/000/1437 1437
169 07/29/15/01337/000/1440 1440
170 07/29/15/01337/000/1441 1441
171 07/29/15/01337/000/1442 1442
172 07/29/15/01337/000/1443 1443
173 07/29/15/01337/000/1500 1500
174 07/29/15/01337/000/1501 1501
175 07/29/15/01337/000/1502 1502
176 07/29/15/01337/000/1503 1503
177 07/29/15/01337/000/1506 1506
178 07/29/15/01337/000/1507 1507
179 07/29/15/01337/000/1509 1509
180 07/29/15/01337/000/1511 1511
181 07/29/15/01337/000/1512 1512
182 07/29/15/01337/000/1513 1513
[G M 16-1420-204/210785/1]
Parcel Number Unit Number
183 07/29/15/01337/000/1515 1515
184 07/29/15/01337/000/1516 1516
185 07/29/15/01337/000/1517 1517
186 07/29/15/01337/000/1521 1521
187 07/29/15/01337/000/1523 1523
188 07/29/15/01337/000/1526 1526
189 07/29/15/01337/000/1527 1527
190 07/29/15/01337/000/1529 1529
191 07/29/15/01337/000/1530 1530
192 07/29/15/01337/000/1531 1531
193 07/29115/013371000/1533 1533
194 07/29/15/01337/000/1535 1535
195 07/29/15/01337/000/1536 1536
196 07/29/15/01337/000/1537 1537
197 07/29/15/01337/000/1540 1540
198 07/29/15/01337/000/1541 1541
199 07/29/15/01337/000/1542 1542
200 07/29/15/01337/000/1543 1543
201 07/29/15/01337/000/1602 1602
202 07/29/15/01337/000/1603 1603
203 07/29/15/01337/000/1606 1606
204 07/29/15/01337/000/1607 1607
205 07/29/15/01337/000/1609 1609
206 07/29/15/01337/000/1611 1611
207 07/29/15/01337/000/1612 1612
208 07/29/15/01337/000/1613 1613
209 07/29/15/01337/000/1615 1615
210 07/29/15/01337/000/1616 1616
[GM 16-1420-204/210785/1]
Parcel Number Unit Number
211 07/29/15/01337/000/1617 1617
212 07/29115101337/000/1621 1621
213 07/29/15/01337/000/1623 1623
214 07/29/15/01337/000/1626 1626
215 07/29/15/01337/000/1627 1627
216 07/29/15/01337/000/1629 1629
217 07/29/15/01337/000/1630 1630
218 07/29/15/01337/000/1631 1631
219 07/29/15/01337/000/1633 1633
220 07/29/15/01337/000/1635 1635
221 07/29/15/01337/000/1636 1636
222 07/29/15/01337/000/1637 1637
223 07/29/15/01337/000/1640 1640
224 07/29/15/01337/000/1641 1641
225 07/29/15/01337/000/1706 1706
226 07/29/15/01337/000/1707 1707
227 07/29/15/01337/000/1711 1711
228 07/29/15/01337/000/1712 1712
229 07/29/15/01337/000/1713 1713
230 07/29/15/01337/000/1715 1715
231 07/29/15/01337/000/1716 1716
232 07/29/15/01337/000/1717 1717
233 07/29/15/01337/000/1721 1721
234 07/29/15/01337/000/1723 1723
235 07/29/15/01337/000/1726 1726
236 07/29/15/01337/000/1727 1727
237 07/29/15/01337/000/1729 1729
238 07/29/15/01337/000/1730 1730
[G M16-1420-204/210785/1]
Parcel Number Unit Number
239 07/29/15/01337/000/1731 1731
240 07/29/15/01337/000/1733 1733
241 07/29/15/01337/000/1736 1736
242 07/29/15/01337/000/1737 1737
Parcel Number Unit Number
[AQUALEA COMMERCIAL]
1 07/29/15/01335/000/0131 Cl
2 07/29/15/01335/000/0132 C2
3 07/29/15/01335/000/0133 C3
4 07/29/15/01335/000/0134 C4
5 07/29/15/01335/000/0281 H1
6 07/29/15/01335/000/0182 H2
7 07/29/15/01335/000/0283 H3
8 07/29/15/01335/00010284 H4
9 07/29/15/01335/000/0385 H5
10 07/29/15/01335/000/0286 H6
11 07/29/15/01335/000/0887 H7
12 07/29/15/01335/000/0888 H8
13 07/29/15/01335/000/0223 BC
14 07/29/15/01335/000/0171 GARAGE UNIT
15 07/29/15/01335/000/0701 SPA
[G M 16-1420-204/210785/1]
Exhibit "B"
City Property
[G M 16-1420-204/210785/1]
LOCATION MAP
Clearwater
Prepared by:
Engineering Department
Geographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33758
Ph: (727(562-4750, Fax: (727)526.4755
www, MyC le arwater.co m
MAP 2:
LLOYD, WHITE, AND SKINNER SUBDIVISION
LOTS 5 - 32
Map Gen By: JB
Reviewed By: TM
Date: 3/3/2014
Grid #: 276A
S -T -R: 08 -29s -15e
W E
Scale: N.T.S.
Document Path: V:\GIS\_StaffUim_B\Projects\Tam Mahony\RFP2.mxd
Exhibit "C"
Overpass Project
[G M16-1420-204/210785/1]
NT DESCRIPTION 1 DATE
Pedestrian Bridge at Hyatt
301 S Gulfview Blvd Clearwater, FL 33767
,, roF e%'
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ARCHITECTURE MEP
STRUCTURAL
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rian Bridge at
S Guliview BI'
rwater, FL 337
t: Greg Bingar
David L Wallace &Associate+. PA.
542 Douglas Avenue
Dunedin, Florida 34698
DavWallace Jr., Architect
PHONE ))].)36.6000, x 305
FAX ]I] 738 8343
EMAIL: dM2.0MarcMtcctsmco
LIG YXXXXItX
fl
RASE 9
Boca Raton FL
GarryVermaa, P.O. CEO/Pnncipal
PHONE:1]01169093]8, x
EMAIL gaoyv®bmc4.com
❑
BASE 4
Baa Raton FL
Garry W Vermaas PE., CEO/Principal
PHONE(10I) 69043]8, xI
EMAIL' ganyvabasc9.com
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33767
Client: Greg Bingaman
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Exhibit "D"
Construction Plans and Procedures
1. Prior to permit, the Hyatt's selected civil engineer will provide an MOT plan that
shall follow FDOT's MOT Design Standards, Index 600's and provide a detour
map if a full road closure is necessary. Prior to beginning construction, the selected
general contractor will apply for a ROW permit which will include a detailed MOT
plan with dates and times of roadway/sidewalk closures. The selected contractor
will notify traffic engineering 48 hours prior to the actual closure. At minimum,
the Contractor will provide a flagman to direct traffic when S. Gulfview is partially
or fully closed.
2. The Construction Use Area and landing area for the Project will be screened from
the public along Beachwalk with a 8 ft. high construction wall with the exterior
design approved by Clearwater Parks and Recreation Department.
3. Removal of pavers and landscaping during construction will be relocated to a new
location per the City's direction. Replacement of the pavers and landscaping will
be at the direction of the City Parks and Recreation Department.
[G M 16-1420-204/210785/1]
Exhibit "E"
Ongoing Maintenance Obligation
The pedestrian bridge should be inspected on a regular basis to verify that all user safety
related elements are in serviceable condition. Areas to inspect include:
I. User Safety
The bridge should be inspected on a regular basis to verify that all user safety
related elements are in serviceable condition. Areas to inspect include:
A. All guardrails, handrails, rub rails, toe plates; fencing, pickets and other features
intended for user safety should be checked to ensure they have not been structurally
compromised. There should be no sharp edges, burns, protrusions or other
abnormalities that could result in bodily injury to the user.
B. Deck surfaces should be kept free of foreign objects and inspected to verify that no
damage has occurred that might present a trip or slip hazard.
II. Structural Integrity
At least one inspection should be performed each year to ascertain the structural
condition of the bridge. This visual inspection should include:
A. General inspection for damage that might have been caused from impact. This
might include damage to the ends of the bridge from maintenance or other vehicles
or in the case of a bridge spanning a roadway, damage to the bottom of the
underside or bottom chords.
B. Welds between verticals, diagonals and chords should be inspected for any sign of
cracking.
C. Check for any significant corrosion or pitting metal surfaces. Trapped debris in the
joints of the structure could lead to crevice corrosion and should be kept clean.
D. Check abutments for any damage to include cracking of concrete scouring from
water flow, etc.
E. Check anchor bolts for possible damage and to verify they are secure. Inspect
bearing plates to verify they are functioning properly. Bearing plate bolt slots
should be kept free of debris for intended use as expansion joints for the bridge.
F. If the bridge contains spliced members, the bolts should be examined to verify no
damage exists, excessive corrosion has not occurred to the metal in way of the bolt
and they are secure.
III. Daily Maintenance
Pick up all trash/debris
Sweep bridge of all foreign material (i.e. sand, dirt, etc.,)
IV. Monthly Maintenance
Pressure washing of bridge surface
Removal of gum or other foreign materials that are stuck to the bridge
surface
[G M 16-1420-204/210785/1]