TEMPORARY INGRESS, EGRESS AND CONSTRUCTION LICENSEReturn To:
Suzanne Kramer
Engineering Dept.
City of Clearwater
P.O. Box 4748
Clearwater, FI. 33758-4748
Parcel I. D. No. 15-29-15-64890-003-0190
TEMPORARY INGRESS. EGRESS AND CONSTRUCTION LICENSE
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to it, the
receipt of which is hereby acknowledged, together with other good and valuable consideration as
provided herein, and the benefits to be derived therefrom, the CITY OF CLEARWATER, P.O. BOX
4748, CLEARWATER FL 33758-4748 ("Grantor"), as owner and holder of legal and equitable title in
and to the real property described herein, hereby grants to DD GULF TO BAY, LLC., a Foreign
Limited Liability Company, whose mailing address is 403 Corporate Center Drive, Suite 201,
Stockbridge, GA 30281, its successors, assigns, employees, agents, and contractors ("Grantee"), a
temporary ingress, egress, and construction staging license ("Temporary License") over and across
the following described lands, lying and being situate in the County of Pinellas, State of Florida, to
wit:
See Exhibit "A" ("License Premises") attached hereto and incorporated herein.
The license rights hereby granted to DD GULF TO BAY, LLC., a Foreign Limited Liability
Company, are for ingress, egress, and construction staging purposes only. The rights granted
herein are temporary and are intended to provide staging support to Grantee for the Davis Gulf to
Bay Apartments and will expire automatically the earlier of (a) eighteen (18) months following the
effective date hereof, (b) upon the completion of such construction project necessitating this license,
or (c) upon termination by Grantor as provided in the final sentence of this paragraph, whichever
shall occur sooner, unless extended by written agreement of the parties hereto. Any amendment
hereto shall be by attached written exhibit. If at anytime during the eighteen (18) month staging
period the City determines that the License Premises are needed for public purpose or that the
Grantee is in breach hereunder, each independently has the right to terminate this agreement and
provide 30 -day notice to vacate to Grantee.
In consideration of the rights granted herein, Grantee, its employees, contractors, agents or
designees agree that all persons entering upon the License Premises by virtue of the rights herein
granted shall do so at their own risk and Grantee hereby releases (and Grantee shall cause each of
its contractors, subcontractor and agents to release in writing) Grantor from and against any liability,
loss or damage to person or property which Grantee may incur as a result of or in connection with
entering the License Premises to conduct the activities to be performed in connection with this
Temporary License, including the release of a Hazardous Substance (as defined by law). Grantor
accepts no liability whatsoever for any claims for injury or damages in connection with this grant of
Temporary License or Grantee's and Grantee's agents' occupation of the License Premises.
Grantee and Grantee's agents shall not use, generate, place, store, release or otherwise dispose of
Hazardous Substances on the Premises.
Any use of the License Premises in conjunction with this Temporary License shall be
performed in a manner to minimize interference with the use and enjoyment of properties
surrounding the License Premises, and the residents, their respective invitees, and licensees.
Restoration of the License Premises to equal or better condition as existed prior to
commencement of the aforementioned project will be completed by Grantee, at Grantee expense,
not later than termination or expiration of the Temporary License.
Grantee and its employees, agents or contractors will not undertake any work on the
License Premises, nor enter upon the License Premises until it has received approval by Grantor,
which shall not be unreasonably withheld, conditioned, or delayed.
Grantee shall keep Grantor and the License Premises free from all liens, stop notices and
violation notices relating to any of its activities at the Property and shall cure or satisfy same within
twenty (20) days of receipt of notice thereof.
As a condition of the effectiveness of this License and for the duration of the License Term,
Grantee shall carry and maintain insurance as required in Exhibit "B", (attached hereto and
incorporated herein).
. IN WITNESS KHEREOF, the undersigned grantor has caused these presents to be duly executed this
tO day of�1) t 2022.
Signed, sealed, and delivered
in the presence of: Grantor
By: £G2
Wit ss signature__
CITY OF CLEARWATER
V
t �J
C.� Ck Print Name:
Print witness name
signature
Print witness name
Title:
JON P JENNINGS
CITY MANAGER
[A05-00152 /293044/1] 2
Wi s signature
6 frt. C.p&12
Print witness name
0-etv4t1
Witness signature
��•c��P, !J �W M
Print witness name
Grantee:
DD GULF TO BAY, LLC, a Georgia
limited liability company
By: Morrow Investors, Inc., a Georgia
corporation, Its • : r
By:
Lance
[A05-00152 /293044/1] 3
w, Secretary
NTS.
N00°13'59"W
30.00'
J
— —
Vacated Rogers Street i' 7Li' / i' / / • Vacated Rogers Street
(OR 3095-79) L_ S 89' 46' 01" W 233.74' (OR 21781-2617)
, r 1
i -1--
Lot 15
POINT OF COMMENCEMENT
Northeast Corner of the SE } of
Section 17, Township 29 S, Range 16 E
Gulf to Bay Blvd
RIW Width Varies
Lot 4
The West
S00°37'16"W 50.01'
S 89° 46' 01" W 450.00'
163.14' of Lot 3
Lot 3
WM Brown's Subdivision of Bayview Florida
Hillsborough Plat Book 1, Page 13
N 89'
POINT OF
BEGINNING
46' 01" W 233.89'
Lot 2
S00'3T16"W
30.00'
Lot 16 Lot 17
I I
This is not a survey
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
JAB
CHECKED BY
TLM
Exhibit A
Declaration of Surplus
Rogers Street 30' Strip
NO.
Lpl_2022-04
.N!1T
1 OF 2
sscT•TwNsP+wo 17 - 29S - 16E
DAT! DRAWN 03/09/2022
Legal Description
That portion of Rogers Street conveyed to the City of Clearwater by deed recorded in Official Record Book 6302,
Page 1729 of the Public Records of Pinellas County, Florida, and that portion of Rogers Street conveyed to the
City of Clearwater by City Ordinance No. 9507-21 recorded in Official Records Book 21781, Page 2617 of the
Public Records of Pinellas County, Florida, being described as follows:
Commence at the Northeast corner of the Southeast 1/4 of Section 17, Township 29 South, Range 16 East;
thence South 00°37'16" West, a distance of 50.01 feet, to a point on the South right-of-way line of Gulf -to -Bay
Boulevard (S.R. 60), said point being the Northeast corner of Lot 1 Wm. Brown's Subdivision of Bayview,
Florida as recorded in Plat Book 1, Page 13 of the Public Records of Hillsborough County, Florida of which
Pinellas County was formerly a part; thence South 89°46'01" West, a distance of 450.00 feet, along said South
right-of-way line, to the Northeast corner of the West 163.14 feet of Lot 3, of said subdivision; thence South
00°37'16" West, a distance of 358.44 feet to the Point of Beginning; thence continue South 00°37'16" West, a
distance of 30.00 feet; thence South 89°46'01" West, a distance of 233.74 feet; thence North 00°13'59" West, a
distance of 30.00 feet; thence North 89°46'01" East, a distance of 233.89 feet to the Point of Beginning.
This is not a survey
4/
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
JAB
CHECKED BY
TLM
Exhibit A
Declaration of Surplus
Rogers Street 30' Strip
L41_2022-04
UMW
2 OF 2
293 • 16E
03/09/2022
$ CT•TWN*P. NO 17 •
DATE DRAWN
AcaoRv CERTIFICATE OF LIABILITY INSURANCE
DATE:/2022 (M DDNYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the po Icy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Little & Smith Inc.
Church Street
P. O. Box 1089
Marietta GA 30061INSURER
_ t:ONTACT Rachel Davis
NYS:
?HONEa t (770) 428-3308 1 at fit, (770) 429-8305
("449202
rda Iittleandsmith.com
AODRESs.
INSURER(S) AFFORDING COVERAGE
NAIC Y
A : Cincinnati Ins. Co.
10677
INSURED
Davis Development, Inc, Etal
403 Corporate Center Drive, Suite 201
Stockbridge GA 30281
INSURER 8 : Liberty Mutual Fire Insurance Company
23035
INSURER C : Obsidian Specialty Ins Co
16871
INSURER D : Navigators Specialty Ins Co
36056
INSURER E : Crum & Forester Specialty
44520
INSURER F
•
--- - "" RG VIIVn1 IIVIgDCR.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
LTR
TYPE OF INSURANCE
IT,RT7
`.li7�l
POLICY NUMBER
APOLEMEFF IM/DOWNY
I
LIMITS
COMMERCIAL GENERAL LIABILITY
1,000,000
CLAIMS -MADE OCCUR
EACH OCCURRENCE$
DAMAGE TO RENTED
SOO,000
PREMISES (Ea oxcurrencc)
$
•
MED EXP
$ 10.000
A
EPP0627911
09/01/2021
09/01/2022
(Any one person)
PERSONAL&ADVINJURY
1.000,000
GEN'L
AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$
$ 2,000,000
■
POLICY ❑ J�EC X LOC
PRODUCTS - COMP/OP AGO
$ 2.000,000
OTHER:
$
AUTOMOBILE
LIABIUTY
•, I r
tEa uddenU
$ 1,000,000
ANY AUTO
OWNED
BODILY INJURY (Per person)
S
A
AUTOS ONLY
SCHEDULED
AUTOS
NON
EPP0627911
09/01/2021
09/01/2022
BODILY INJURY (Per accident)
$
■HIRED
AUTOS ONLY
-OWNED
AUTOS ONLY
PROPERTY DAMAGE
(Per acCdenf)
$
S
UMBRELLA LIAR
OCCUR
EACH OCCURRENCE
$ 5,000,000
A
■
EXCESS UAB
CLAIMS -MADE
EPP0627911
09/01/2021
09/01/2022
AGGREGATE
$ 5,000,000
■
DED ■ RETENTION $
$
WORKERS COMPENSATIONX�
AND EMPLOYERS' LIABILITY Y 1NER
STATUTE 1 1 OT
B
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
Q
N 1 A
WC2-Z51-292290
09/01/2021
09/01/2022
E.L. EACH ACCIDENT
$ 1,000,000
(Mandatory In NH)
II yes, describe under
E.L. DISEASE - EA EMPLOYEE
$ 1,00 0,0°°
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
1,000,000
C
Excess Umbrella
QT -00000084
09/01/2021
09/02/2022
Per Occurence:
Aggregate:
$5,000,000
$5,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required)
Policy D: Excess Umbrella $5,000,000 Per Occurence/$5,000,000 Aggregate Policylf0045169B
Policy E; Excess Umbrella $10,000,000 Per Occurence/$10,000,000 Aggregate Policy#SEO-109585
When required by written contract, City of Clearwater included as additional insured with respects to general liability and automobile liability.
CANCELLATION
City of Clearwater
PO Box 4748
Clearwater
FL 33758-4748
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
4L 0461-
ACORD 25 (2016/03)
®1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD