AIR RIGHTS EASEMENT AGREEMENTKEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2023329466 1212912023 12:28 PM
OFF REC BK: 22665 PG: 1752-1772
DocType:AGM RECORDING: $180.00
This instrument prepared by:
Matthew J. Mytych, Esq.
Office of the City Attorney
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758
AIR RIGHTS EASEMENT AGREEMENT
FOR ELEVATED PEDESTRIAN BRIDGE
SOUTH GULFVIEW BOULEVARD
THIS AIR RIGHTS EASEMENT AGREEMENT (this "Agreement"), dated as of
December , 2023 (the "Effective Date"), is made by and between THE CITY OF
CLEARWATER, FLORIDA, a Florida municipal corporation (the "City"), CLEARMAR,
LLC, a Florida limited liability company and its successors and assignees ("Clearmar"), and
TRIPROP CLEARWATER LLC, a Florida limited liability company and its successors and
assignees ("Triprop" and collectively with Clearmar the "Developers").
RECITALS
WHEREAS, Clearmar is the owner of that certain real property located at 430 S. Gulfview
Boulevard, Clearwater, Florida ("Opal Sands Resort & Spa"), as more specifically described in
Exhibit "A" attached hereto; and
WHEREAS, Triprop is the owner of that certain property located at 401, 411, 421, 425
and 431 S. Gulfview Boulevard, Clearwater, Florida ("Opal Sol"), as more specifically described
in Exhibit "B" attached hereto; and
WHEREAS, the City approved a development agreement (HDA2014-06004, Resolution
14-29), as amended by HDA2015-06001, HDA2014-06004A, and HDA2014-06004B
(collectively the "Development Agreement") for the development of a hotel upon Opal Sol and
the construction of an elevated pedestrian walkway (the "Pedestrian Bridge") extending between
the hotel to be constructed upon Opal Sol and the Opal Sands Resort & Spa and spanning the
public South Gulfview Boulevard right-of-way (the "Right -Of -Way"); and
WHEREAS, the Development Agreement, provides that the City shall grant an easement
for air rights over a portion of South Gulfview Boulevard for the construction of the Pedestrian
Bridge on terms and conditions to be agreed to by the parties to the Development Agreement and
accepted by the Clearwater City Council at a public meeting and consistent with the terms set out
in the Development Agreement; and
WHEREAS, the Developers wish to obtain from the City, and the City desires to grant to
the Developers, subject to the terms and conditions of this Agreement, an easement permitting the
construction, location, maintenance, operation, occupancy and use of the Pedestrian Bridge on,
over, above and through those portions of the air space over a portion of South Gulfview
Boulevard, as more fully described in Exhibit "C" attached hereto (the "Easement Area"); and
Page 1 of 11
WHEREAS, this Agreement will satisfy the requirement for an air rights easement set out
in the Development Agreement.
NOW, THEREFORE, in consideration of the mutual promises set forth in this
Agreement, and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereto agree as follows:
1. Recitals
The foregoing recitals are true and correct and are incorporated herein by this reference.
2. Grant of Air Rights Easement
The City hereby declares, grants, creates and establishes to and for the benefit and use of
the Developers, and any successor owners of Opal Sands Resort & Spa and Opal Sol, a perpetual
exclusive easement in the Easement Area to accommodate the construction, location, maintenance,
operation, occupancy and use of the Pedestrian Bridge. The Pedestrian Bridge shall be erected,
installed, maintained and repaired at the sole cost and expense of the Developers, and in
accordance with all applicable federal, state, and local laws, codes, regulations, ordinances, and
permit requirements, and without any damage or other harm to the Right -Of -Way.
3. Special Conditions of Easement Approval
Prior to obtaining a permit to install the Pedestrian Bridge, Triprop will cause its general
contractor to provide a Maintenance of Traffic (MOT) plan to the City for approval which meets
Florida Department of Transportation (FDOT) MOT Design Standards, any other applicable city,
state and federal design standards, including any and all applicable detour map/s if closure is
necessary, and other documentation required by the City (the "MOT Plan"). Upon the provision
by Triprop of the required documentation to the City, the City shall cause the issuance of any and
all permits and approvals, in a reasonable time, required for the construction and installation of the
Pedestrian Bridge.
Prior to commencement of construction, Triprop will cause its general contractor to apply
for a Right -of -Way permit from the City, which will include the MOT Plan with dates and times
of roadway and sidewalk closures along with an associated narrative. The general contractor will
notify the Public Works Department forty-eight (48) hours prior to the actual closure, unless
otherwise directed by the City in the approved Right -of -Way permit.
Upon completion of installation of the Pedestrian Bridge and before opening the Right -Of -
Way to live vehicular and pedestrian traffic, the Developers shall submit to the City a certification
from a Florida -licensed engineering professional indicating that the Pedestrian Bridge has been
constructed and installed in a safe and secure manner in accordance with the permits and approvals
required for the construction and installation of the Pedestrian Bridge.
-/ G' ( vv
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4. Inspection and Maintenance of Easement Area
The Developers shall have the duty and obligation, at all times, to maintain the Pedestrian
Bridge in a safe, structurally sound condition and in furtherance of such duty and obligation, the
City agrees to fully cooperate with Developers in connection with the performance of its/their
duties and obligations by: (a) facilitating access to the Right -Of -Way as required from time -to -
time in connection with such maintenance of the Pedestrian Bridge, and (b) facilitating access to
City -owned or controlled property adjacent to or in the immediate vicinity of the Right -Of -Way
as required from time -to -time in connection with such maintenance of the Pedestrian Bridge.
Nothing herein shall be construed as limiting the City's authority to approve or deny Right -of -
Way permits consistent with the City's policies and practices or applicable laws. The Developers
shall be responsible for the minimum inspection and maintenance requirements as set forth in
Exhibit "D" which shall meet all applicable FDOT requirements, including those requirements for
bridges with fracture critical members, if applicable. In the event the requirements set forth in
Exhibit "D" do not meet minimum FDOT requirements, FDOT requirements shall govern.
Additionally, the Developers shall at its own expense maintain the aesthetics of the exterior
surfaces of the Pedestrian Bridge so as to present a clean and attractive appearance consistent with
the approved Pedestrian Bridge plans.
All inspection reports and supporting documentation shall be signed and sealed by a
Florida -licensed engineer and submitted to the City within sixty (60) days of the inspection. All
maintenance required by any inspection report or otherwise shall be completed within the greater
of sixty (60) days of the inspection or such time as is directed by the inspection report. A copy of
all documentation related to performed maintenance shall be provided to the City within thirty (30)
days of the completion of said maintenance. If inspection results show potential for immediate
failure or other imminent safety concerns, the Developers will immediately notify the City, begin
work to correct the issue, and submit an emergency repair plan and a Right -of -Way permit or
other necessary documentation to close the road and establish detour signage if necessary, and in
furtherance of the implementation of such emergency repair plan, the City agrees to fully cooperate
with Developers in connection with such implementation by: (a) facilitating access to the Right -
Of -Way as required from time -to -time in connection with such implementation of the emergency
repair plan, and (b) facilitating access to City -owned or controlled property adjacent to or in the
immediate vicinity of the Right -Of -Way as required from time -to -time in connection with such
implementation of the emergency repair plan.
Provided that the City has: (a) fully cooperated with the Developers in connection with the
performance of its/their duties and obligations to satisfy the ongoing inspection and maintenance
duties and requirements set forth in this Agreement by: (i) facilitating access to the Right -Of -Way
as required from time -to -time in connection with such maintenance of the Pedestrian Bridge, and
(ii) facilitating access to City -owned or controlled property adjacent to or in the immediate vicinity
of the Right -Of -Way as required from time -to -time in connection with the performance of such
duties and obligations, and (b) fully complied with the notice and cure provisions set forth in
Section 5 of this Agreement, then the City is authorized to complete inspections and maintenance
as deemed appropriate by the City, in the City's sole discretion, and may seek reimbursement for
costs and expenses associated with such inspections and maintenance from the Developers.
Page 3of11
The costs for inspection, maintenance, repair, or removal may include all expenses related
to any work performed by the City or at the City's direction, including but not limited to City staff
time, road closure expenses, hiring of consultants, inspectors, contractors, professionals, and other
laborers, purchase of materials, insurance, bonds, permitting, and any other expense that can be
attributed to the City's inspection, repair, maintenance, or removal of the Pedestrian Bridge.
The City shall have the right to inspect the Pedestrian Bridge and Easement Area at any
time. Any damage caused by the Pedestrian Bridge to the Right -Of -Way shall be remedied at the
Developer's expense as expediently as practical.
5. Failure to Comply with Terms and Conditions of Agreement; Imminent
Danger to Public Safety
a. Failure to Comply with Terms and Conditions of Agreement. If the Developers fail
to comply with or satisfy any of the terms or conditions of this Agreement, the City shall furnish
a written notice to the Developers which states, with particularity, the specific failure of the
Developers. Developers shall be provided with a period of ninety (90) days to diligently pursue
and/or apply for any required permits or other governmental authorizations necessary to perform
corrective action (subject to the occurrence of force majeure events) or to respond to any condition
or circumstance that does not require a permit or other government authorization other than an
imminent danger to the public health, safety, and welfare. If the necessary corrective action
requires the issuance of a permit or other authorization by the City or any other governmental
authority, Developers shall commence such corrective action within two (2) business days from
the issuance of such permit or authorization, and shall diligently pursue completion, failing which
the City is authorized to cure such failure(s), as deemed appropriate by the City, in the City' s sole
discretion, and the City may seek reimbursement for reasonable costs and expenses associated with
its corrective action.
b. Response to Imminent Danger to Public Health, Safety, and Welfare. In the event
there exists a structural defect or other condition with respect to the Pedestrian Bridge which
creates an imminent danger to the public health, safety, and welfare, the City shall notify the
Developers of such condition, authorize the Developers to take corrective action, and if the
Developers fail to commence corrective efforts within forty-eight (48) hours, the City is authorized
to undertake the response to such imminent danger in a manner determined by the City, including
temporary removal of the Pedestrian Bridge if the bridge is damaged and the damaged state or
condition of the Pedestrian Bridge renders its temporary removal necessary to prevent death,
bodily harm, or property damage, and the City may seek reimbursement for costs and expenses
associated with its curative efforts. The City's removal of the Pedestrian Bridge under this
provision will not create any obligation for the City to repair, reinstall, or replace the bridge; nor
does the removal under this section prohibit the reinstallation of the Pedestrian Bridge by the
Developers pursuant to Section 7(a).
6. Removal of the Pedestrian Bridge
a. The Developers shall have the right to temporarily remove and thereafter reinstall
the Pedestrian Bridge as necessary from time to time to prosecute such work as is required from
Page 4 of 11
time to time pursuant to this Agreement in connection with the maintenance and repair of the
bridge and the City agrees to timely process the required permits in connection with such removals
and reinstallations.
b. The City shall have the right to remove the Pedestrian Bridge if the City determines
that removal is necessary for a bona fide municipal purpose as determined by the City Council, in
its reasonable discretion, after an opportunity to be heard. The municipal purpose can include, but
is not limited to, maintaining, repairing, installing paved surfaces within the Right -Of -Way, utility
infrastructure, and stormwater infrastructure which cannot be completed with the Pedestrian
Bridge in place. The City shall provide ninety (90) days, written notice prior to the public hearing
required under this subsection.
c. The City shall have the right to remove the Pedestrian Bridge if the Developers fail
to submit safety and structural integrity reports to the City within the specified time frame, or fail
to maintain the aesthetics of the exterior surfaces of the Pedestrian Bridge so as to present a clean
and attractive appearance consistent with the approved Pedestrian Bridge plans. The City shall
provide written notice and an opportunity to cure, which shall be consistent with the requirements
of Sections 4 and 5(a).
d. The City shall have the right to remove the Pedestrian Bridge for imminent danger
concerns pursuant to and as provided for in Section 5(b).
e. As a precondition to the removal of the Pedestrian Bridge pursuant to Section 6(b)
and (c) of this Agreement, the City shall provide a written Notice of Removal, after the requisite
event allowing removal has occurred, which shall provide for at least twenty-four (24) months for
the Developers or the City, as applicable, to cause the Pedestrian Bridge and its fixtures to be
removed at the Developer's sole cost and expense. Upon the expiration of the timeframe contained
within the City's Notice of Removal, the City may remove the Pedestrian Bridge and its fixtures
and may charge the costs and expenses for the removal to the Developers, which may include all
expenses related to any work performed by the City or at the City's direction, including but not
limited to City staff time, road closure expenses, hiring of consultants, inspectors, contractors,
professionals, and other laborers, purchase of materials, insurance, bonds, permitting, and any
other expense that is directly attributed to the City's removal of the Pedestrian Bridge.
7. Termination of this Agreement
a. If the Pedestrian Bridge is removed by the City pursuant to Section 6(d) for
imminent danger concerns, removed by the Developers pursuant to Section 6(a) for repair or
maintenance, or otherwise voluntarily removed by Developers and not replaced pursuant to the
terms herein, this Agreement shall automatically terminate, unless the Developers complete the
repair of the Pedestrian Bridge and reinstall the Pedestrian Bridge or complete the construction of
and install a new bridge in substantial conformance with the approved plans as evidenced by the
issuance of a Certificate of Occupancy for the reinstallation within five (5) years from the date of
removal of the Pedestrian Bridge (the "Five Year Period"). Notwithstanding any term or provision
contained or set forth in this Agreement to the contrary, it is specifically understood and agreed
that all temporal references set forth herein which reference the date that this Agreement is,
Page 5 of 11
terminated or is no longer in force and effect shall be conclusively deemed extended as necessary
to accommodate the passage of the Five -Year Period, if applicable. The City agrees to timely
process the required permits.
b. Upon removal of the Pedestrian Bridge pursuant to Section 6(b) or (c) relating to
municipal purpose, failure to submit safety and structural integrity reports, or failure to maintain
the aesthetics of the exterior surfaces and after satisfying the precondition requirements of Section
6(e), this Agreement shall terminate.
c. The City shall have the right to terminate this Agreement upon failure to install the
Pedestrian Bridge according to the approved construction plans within two (2) years of the
Effective Date.
8. Insurance
The Developers shall: (a) provide, pay for and maintain for the duration of this Agreement,
commercial general liability insurance including premises/operations, contractual and independent
contractor's coverages as shown on Exhibit "E", and (b) require its contractors to provide
insurance meeting the City's insurance requirements as shown on Exhibit "E" during the
construction and at times when necessary repairs, maintenance or inspections require use of City
right-of-way.
9. Indemnification
Subject to Florida Statute § 768.28, the Developers and their successors and assigns shall
indemnify, defend and hold harmless the City, its successors and assigns, and its/their directors,
officers, employees, agents, stockholders, and affiliates, from and against any and all claims,
demands, losses, damages, actions, causes of action, costs and expenses, including reasonable
attorney's fees for injury, death, and damage brought in connection with the construction,
maintenance, or use of the Pedestrian Bridge, except to the extent arising from the City's willful
misconduct, or willful or wanton acts by the City. Neither party will settle any claim or action
related to the Pedestrian Bridge when such claim or action would invoke the protections of this
indemnification provision without first obtaining the written consent of the other party. Nothing
contained herein is intended to serve as a waiver by the City of its sovereign immunity, to extend
the liability of the City beyond the limits set forth in Section 768.28, Florida Statutes, or be
construed as consent to be sued by third parties. The provisions of this Section 9 shall survive the
expiration, revocation or termination of this Agreement.
10. Compliance with Applicable Laws
The Developers shall install, maintain, repair, reconstruct, operate and use the Pedestrian
Bridge in accordance with the ordinances of the City of Clearwater and all applicable state, federal,
and local laws, regulations, and other ordinances.
Page 6 of 11
11. Binding Effect
The air rights easement, covenants, obligations, conditions and declarations contained in
this Agreement shall be a burden on the portion of South Gulfview Boulevard described in the
Easement Area and shall be for the benefit of Opal Sands Resort & Spa and Opal Sol, and shall
run with the land and shall benefit and bind the heirs, successors and assigns of the Developers.
This Agreement and the easement, covenants, obligations, conditions and declarations contained
herein shall continue so long as the Pedestrian Bridge remains in existence after its completion
unless this Agreement is otherwise terminated in accordance with Section 7 herein. In the event
that this Agreement is terminated in accordance with Section 7, the easement, covenants,
obligations, conditions and declarations contained herein shall revert back to the City.
Notwithstanding the foregoing and except in the case where the bridge is removed as indicated in
Section 6(d), in the event of damage or destruction to all or a portion of the Pedestrian Bridge, the
Developers shall have the right, but not the obligation, within a reasonable time after such damage
or destruction, to rebuild or repair the Pedestrian Bridge to substantially the same design as
originally approved by the City, in which event the easement, covenants, obligations, conditions
and declarations contained herein shall remain in full force and effect. This Agreement shall be
recorded at the expense of the Developers in the Public Records of Pinellas County, Florida.
12. Force Majeure Event means any strike, lockout or other labor trouble; inability
to obtain labor, materials, coal, oil, or other suitable fuel or reasonable substitutes therefor or the
failure of the supply of any thereof; acts of God, fire or other casualty; governmental preemption
of priorities or other controls in connection with a public emergency; governmental restrictions or
requirements of Laws; enemy or hostile governmental action; civil commotion; pandemic outbreak
or other health or environmental disaster; war; enemy action; terrorism; catastrophic weather
conditions; interruption of utility services; loss of means of ingress or egress; a condemnation or
eminent domain proceeding affecting the Properties.
13. Non -Waiver
No failure to exercise and no delay in exercising any right, power, or privilege on the part
of any party herein shall constitute a waiver of any other or further exercise thereof or the exercise
of any right, power, or privilege herein. Further, the rights and remedies herein provided are
cumulative and not exclusive of any rights or remedies provided at law or in equity. No waiver of
any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other
provisions whether or not similar, nor shall any constitute a continuing waiver. No waiver shall
be binding unless executed in writing by the party making the waiver. Nothing in this Agreement
shall be construed to limit or otherwise abrogate the City's regulatory authority and obligations
under any applicable provisions of the City's codes and ordinances nor does this Agreement limit
the City's ability to use code enforcement processes as permitted by law as a means of enforcing
the City's codes and ordinances.
14. Governing Law
The terms and conditions of this Agreement shall be governed by and construed in
accordance with the laws of the State of Florida and exclusive venue selected for any proceedin
Page 7 of 11
or suit in law or equity arising from or incident to this Agreement shall be in Pinellas County,
Florida.
15. Notices
Any notice or other communication required or permitted to be given under this Agreement
shall be in writing and shall be deemed given upon actual receipt or upon the first refusal of the
addressee to accept delivery after having been sent by registered or certified United States mail,
postage pre -paid, return receipt requested, or by personal delivery (by overnight courier or
otherwise) and addressed as follows:
If to the City:
With a copy to:
City of Clearwater
ATTN: City Manager
P.O. Box 4748
Clearwater, Florida 33758
City of Clearwater
ATTN: City Attorney
P.O. Box 4748
Clearwater, Florida 33758
If to Clearmar: Clearmar, LLC
ATTN: Mark Walsh
1001 E. Atlantic Avenue, Suite 202
Delray Beach, Florida 33483-6974
With a copy to: Katherine E. Cole, Esq.
Hill, Ward, Henderson, P.A.
600 Cleveland Street, Suite 800
Clearwater, Florida 33755
Katie.Cole@HWHlaw.com
If to TriProp: Triprop Clearwater LLC
ATTN: Mark Walsh
1001 E. Atlantic Avenue
Delray Beach, Florida 33483
Deb.howard@oplhotels.com
With a copy to: Katherine E. Cole, Esq.
Hill, Ward, Henderson, P.A.
600 Cleveland Street, Suite 800
Clearwater, Florida 33755
Katie. Cole@HWHlaw.com
Page 8 of 11
-*)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective
Date.
[CITY SIGNATURE PAGE TO AIR RIGHTS EASEMENT AGREEMENT]
Countersigned
Approved as to Form:
atthew J. Mytyc i` sq.
Assistant City Att rney
Date: (a17i5/).3
CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
By:
Jenn er P s ' ier
City Manager
Date: h&An( ;,21 -Z
Attest:
Rosemarie Call
City Clerl/4
Date: /
Page 9 of 11
OaC
[CLEARMAR SIGNATURE PAGE TO AIR RIGHTS EASEMENT AGREEMENT]
CLEARMAR, LLC,
a Florida limited liability company
By:
Name:
Title:
Date of Execution: December / 5, 2023
STATE OF FLORIDA )
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me by means y' physical presence or ❑ online
notarization, this 134( day of December, 2023, by Mark Walsh as Manager of CLEARMAR, LLC,
a Florida limited liability company, who 4 is personally known to me or ❑ who has produced a
driver's license as identification.
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Signature:
My Commission expires: 7 -3 1 - a o a S
Page 10 of 11
[TRIPROP SIGNATURE PAGE TO AIR RIGHTS EASEMENT AGREEMENT]
TRIPROP CLEARWATER LLC,
a Florida limited liability company
BYT J
Name: /14
Title: /1`
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Date
of Execution: December 15 , 2023
STATE OF FLORIDA )
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me by means a4physical presence or ❑ online
notarization, this (341 day of December, 2023, by Mark Walsh as Manager of TRIPROP
CLEARWATER LLC, a Florida limited liability company, who % is personally known to me or ❑
who has produced a driver's license as identification.
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NOTARY PUB IC
Signature:
My Commission expires: "7-3 /- 2025
Page 11 of 11
Exhibit "A"
(Opal Sands Resort Legal Description)
Legal Description
A tract of land consisting of Lots 33, 34 and 35 and part of Lot 36, of LLOYD -WHITE -SKINNER
SUBDIVISION, according to map or plat thereof recorded in Plat 13, pages 12 and 13, of the
Public Records of Pinellas County, Florida, and lands and submerged lands lying between and
Southerly, Southwesterly or Westerly of the mean high water mark, and the Bulkhead Line
described in and set forth in Trustees of the Internal Improvement Fund of the State of Florida
Disclaimer No. 22310, as recorded in Official Records Book 765, Page 542, of the Public Records
of Pinellas County, Florida, said tract being described as follows: From the Northern most corner
of said Lot 33, run South 77° 41'16" West, along the Northwesterly boundary of said Lot 33 and
the Southwesterly extension thereof, a distance of 400.00, feet to a point on the Bulkhead Line
described above; run thence Southeasterly along said Bulkhead Line along a curve to the left
(radius - 1247.00 feet), an arc distance of 296.79 feet, (chord bearing - South 19° 07'51" East); run
thence North 68° 55'27" East, a distance of 402.14 feet to a point on the Northeasterly boundary
of said Lot 36; run thence Northwesterly along the Northeasterly boundaries of said Lots 36, 35,
34 and 33, which line is a curve to the right (radius - 847.00 feet), an arc distance of 235.76 feet
(chord - 235.00 feet, chord bearing — North 20° 17'10" West) to the
Point of Beginning.
BEING THE SAME PROPERTY AS:
A tract of land consisting of Lots 33, 34 and 35, and part of Lot 36, of LLOYD -WHITE- SKINNER
SUBDIVISION, according to the map or plat thereof, as recorded in Plat Book 13, Pages 12 and
13, of the Public Records of Pinellas County, Florida, and lands and submerged lands lying
between and Southerly, Southwesterly or Westerly of the mean high water mark and the Bulkhead
Line described in and set forth in Trustees of the Internal Improvement Fund of the State of Florida
Disclaimer No. 22310, as recorded in Official Records Book 765, Page 542, of the Public Records
of Pinellas County, Florida, said tract being described a follows: Begin at an iron pin at the
Northeast corner of said Lot 33 and the West right-of-way margin of Gulf View Boulevard, said
point being the True Point of Beginning; said point being the PC of a curve to the left, having a
radius of 847.00 feet, and an arc distance of 235.76 feet; thence run along said curve to the left,
and along the West right-of-way margin of Gulf View Boulevard, a chord bearing of South 20°
17'10" East, and a chord distance of 235.00 feet to an iron pin; thence run South 68° 55'27" West,
for a distance of 402.14 feet to an iron pin, said point being the PC of a curve to the right, having
a radius of 1,247.00 feet, and an arc distance of 296.79 feet; thence run along said curve to the
right, a chord bearing of North 19° 07'51" West, and a chord distance of 296.09 feet to an iron pin,
thence run North 77° 41'16" East, for a distance of 400.00 feet to a point and back to the True Point
of Beginning.
Exhibit B (Opal Sol Legal Description)
LEGAL DESCRIPTION
PARCEL 1:
LOT 75 LESS THE NORTH 10 FEET THEREOF AND ALL OF LOTS 76 AND 77; THAT PART OF LOT 123 OF
LLOYD -WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 13, PAGES 12 AND 13. PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 123 AND RUNNING THENCE ALONG ITS EASTERLY
BOUNDARY, 25 FEET; THENCE WESTELY IN A STRAIGHT LINE TO A POINT IN THE WESTERLY
BOINDARY OF SAID LOT, WHICH IS MIDWAY BETWEEN ITS NORTHWEST AND SOUTHWEST CORNERS;
THENCE SOUTHERLY ALONG THE WESTERLY BOUNDARY OF SAID LOT, 25 FEET, MORE OR LESS, TO
THE SOUTHWEST CORNER OF SAID LOT; THENCE EASTERLY ALONG THE SOUTHERLY BOUNDARY OF
SAID LOT TO THE POINT OF BEGINNING.
AND
LOTS 124, 125, 126 AND 127, LLOYD -WHITE -SKINNER SUBDIVISION, ACCORDING TO THE MAP OR PLAT
THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA. LESS THAT PART OF LOT 127 DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT AND RUNNING EASTERLY 3 FEET ALONG THE
NORTH BOUNDARY; THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE SOUTHWEST CORNER OF
SAID LOT; THENCE NORTH ALONG THE WESTERLY BOUNDARY TO THE POINT OF BEGINNING.
AND
LOTS 128 AND 129, LLOYD -WHITE -SKINNER SUBDIVISION, ACCORDING TO TH EPLAT THEREOF
RECORDED IN PLAT BOOK 13, PAGES 12 AND 13. PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
AND
LOTS 72, 73. 121, 122 AND THE NORTH ONE-HALF OF LOT 123. LLOYD- WHITE -SKINNER SUBDIVISION.
ACCORDNG TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13. PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA.
AND
LOT 74 AND THE NORTH 10 FEET OF LOT 75, LLOYD- WHITE -SKINNER SUBDIVISION, ACCORDNG TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 13. PAGES 12 AND 13, OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA.
TOTAL COMBINED SITE AREA CONTAINS 86,880 SQUARE FEET OR 1.99 ACRES, MORE OR LESS.
PARCEL 2:
LOT 79 AND 80 OF LLOYD -WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 13, PAGES 12 AND 13. OF THE PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA.
AND ALSO:
LOT 78, LLOYD -WHITE -SKINNER SUBDIVISION, AS AFORESAID TOGETHER WITH THE FOLLOWING
PARCEL OF LAND BEGINNING IN THE NW CORNER OF LOT 127, LLOYD -WHITE -SKINNER SUBDIVISION.
AS AFORESAID AS A P.O.B. RUN THENCE EASTERLY ALONG THE NORTHERLY PROPERTY LINE OF
SAID LOT A DISTANCE OF 3 FEET; THENCE SOUTHWESTERLY TO THE SW CORNER OF SAID LOT;
THENCE RUN NORTHERLY ALONG THE WESTERLY LOT LINE OF SAID LOT TO P.O.B.
THE SUBJECT PARCEL CONTAINS 0.426 ACRES. MORE OR LESS.
Parcel 3 DESCRIPTION:
A portion of the East 1/2 of the Gulf View Boulevard right-of-way (now
known as South Gulfview Boulevard), shown on THE LLOYD -WHITE -
SKINNER SUBDIVISION plat, recorded in Plat Book 13, Pages 12 and
13 of the Public Records of Pinellas County, Florida, being more
particularly described as follows:
BEGIN at the Northwest corner of Lot 72 of said THE LLOYD -
WHITE -SKINNER SUBDIVISION; thence along the Easterly right-of-
way line of said South Gulfview Boulevard the following course and
curve; S.00°00'00"W, 85.15 feet to the beginning of a curve concave to
the East, having a radius of 777.00 feet, thence Southeasterly, 160.28
feet along said curve through a central angle of 11°49'09" (chord bears
S.05°50' 10"E., 160.00 feet); thence non -tangent to said curve,
N.55°08' 15"W., 49.74 feet to the center line of said right-of-way and the
beginning of a non -tangent curve concave to the East, having a radius of
812.00 feet, thence Northwesterly, 131.30 feet along said curve and
center line through a central angle of 09°15'52" (chord bears
N.04°34' 14"W., 131.15 feet); thence N.00°00'00"E., 80.83 feet along
said center line to the Westerly extension of the Northerly boundary line
of said Lot 72; thence N.82°58' 18"E., 35.26 feet along said extension to
the POINT OF BEGINNING.
Containing 8,000.5653 Square Feet (0.1837 Acres), more or less.
Nov 10. 2023 ® 11:28am X: \1068\Legal\1068Jdanik—PedBrg—S&L.dwg — mbeach
EXHIBIT "C"
THIS IS NOTA SURVEY
(P) = PLAT DATA
LINE TABLE
UNE
BEARING
LENGTH
L1
S13°12'19"W
85.29'
POINT OF COMMENCEMENT
NW COR LOT 72
THE LLOYD WHITE SKINNER SUBDIVISION
CURVE TABLE
CURVE
RADIUS
DELTA
LENGTH
BEARING
CHORD
C1
777.00'
26°36'16"
360.79'
S00°08'31"E
357.56'
C2
777.00'
1°08'59"
15.59'
S14°01'08"E
15.59'
C3
847.00'
1°02'53"
15.49'
N15°21'35"W
15.49'
LOT
32
1
LOT
33
THE LLOYD WHITE SKINNER
SUBDIVISION
PLAT BOOK 13, PAGE 12
PROJECT NAME
POINT OF BEGINNING
0 10 20
\
40
LOT
78
LOT
79
THE LLOYD WHITE SKINNER
SUBDIVISION
PLAT BOOK 13, PAGE 12
34
ALANIK PEDESTRIAN BRIDGE AIR -RIGHTS
LOT
79
SHEET NAME
SKETCH OF DESCRIPTION
DATE
11/08/2023
PROJECT
2022-1068
DRAWN
SMB
QC
SMB
SCALE
1"=20'
Florida Land
�0Design &
�Hm
Permitting
3030 STARKEY BOULEVARD
TRINITY, FLORIDA 34655
PHONE: (727) 478-2421
www.fldandp.com
E-mail: info@fldandp.com
Engineer # - CA No. 33088
Survey # - LB8342
CERTIFIED AS TO SKETCH AND LEGAL DESCRIPTION
SKETCH AND LEGAL DESCRIPTION NOT VALID WITHOUT THE SIGNATURE AND
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
SAMUEL MARK BEACH
PROFESSIONAL SURVEYOR AND MAPPER
STATE OF FLORIDA 3 LS 6261
CERTIFICATE OF AUTHORIZATION *LB 8342
SHEET 1 0"
Nov 10, 2023 ® 11:41am X:\1068\Legal\1068_Alanik—PedBrg—S&L.dwg — mbeach
THIS IS NOTA SURVEY
a
.e .
�I
a l9
ZENIITH
0 10 20 40
ELEVATION 48.00'
UPPER LIMITS
PEDESTRIAN BRIDGE
ELEVATION 23.00'
LOWER LIMITS
ELEVATION = 20.90'
SOUTH GULF BOULEVARD
a
•a
•
Y
35.00'
ELEVATION = 3.90'
35.00'
GULF VIEW BOULEVARD (P)
70' RIGHT-OF-WAY (P)
PROJECT NAME
ALANIK PEDESTRIAN BRIDGE AIR -RIGHTS
SHEET NAME
ELEVATION DETAIL
Mi Florida Land
FM Design &
Permitting
3030 STARKEY BOULEVARD
TRINITY, FLORIDA 34655
PHONE: (727) 478-2421
www.fldandp.com
E-mail: info@fldandp.com
Engineer # - CA No. 33088
Survey # - LB8342
SHEET 2 OF 3
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Nov 10, 2023 0 11:31am X: \1068\Legal\1068_Alanik—PedBrg—S&L.dwg — mbeach
THIS IS NOTA SURVEY
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN SECTION 07, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 72, THE LLOYD WHITE SKINNER SUBDIVISION
AS RECORDED IN PLAT BOOK 13, PAGE 12 OF THE PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA;
THENCE SOUTH 13°12'19" WEST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF GULF VIEW
BOULEVARD PER SAID PLAT THE LLOYD WHITE SKINNER SUBDIVISION, FOR 85.29 FEET TO A POINT
ON A NON -TANGENT CURVE TO THE LEFT; THENCE SOUTHERLY ALONG SAID EASTERLY
RIGHT-OF-WAY LINE 360.79 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 777.00
FEET, A CENTRAL ANGLE OF 26°36'16", AND A CHORD BEARING AND DISTANCE OF SOUTH 00°08'31"
EAST, FOR 357.56 FEET TO THE POINT OF BEGINNING; THENCE SOUTHERLY ALONG SAID EASTERLY
RIGHT-OF-WAY 15.59 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 777.00 FEET, A
CENTRAL ANGLE OF 01°08'59", AND A CHORD BEARING AND DISTANCE OF SOUTH 14°01'08" EAST
15.59 FEET; THENCE SOUTH 60°0726" WEST, FOR 72.34 FEET TO THE WESTERLY SAID
RIGHT-OF-WAY AND A POINT ON A NON -TANGENT CURVE TO THE RIGHT; THENCE NORTHERLY
ALONG SAID WESTERLY RIGHT-OF-WAY LINE 15.49 FEET ALONG THE ARC OF SAID CURVE, HAVING A
RADIUS OF 847.00 FEET, A CENTRAL ANGLE OF 01°02'53", AND A CHORD BEARING AND DISTANCE
OF NORTH 15°21'35" WEST, FOR 15.49 FEET; THENCE NORTH 60°07'26" EAST, FOR 72.72 FEET TO
THE POINT OF BEGINNING.
CONTAINING 0.025 ACRES.
ALL OF THE DESCRIBED LANDS BEING LIMITED VERTICALLY BETWEEN AN ELEVATION OF 23.00 FEET
AND 48.00 FEET, PER THE NATIONAL GEODETIC SURVEY (NGS), NORTH AMERICAN VERTICAL DATUM,
1988 ADJUSTMENT (NAVD88). CONTROL BENCHMARKS UTILIZED ARE: (A) DESIGNATED "F-03.5",
HAVING A PUBLISHED ELEVATION OF 10.52', AND "F -02A", HAVING A PUBLISHED ELEVATION OF
3.69', AS PUBLISHED BY THE CITY OF CLEARWATER, ENGINEERING DEPARTMENT - GEOGRAPHIC
TECHNOLOGY, LAND SURVEY DIVISION.
SURVEYOR'S NOTES:
1) NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHTS-OF-WAY, AND/OR
OWNERSHIP WERE FURNISHED TO OR PURSUED BY THE UNDERSIGNED.
2) UNLESS IT BEARS THE ORIGINAL SIGNATURE AND SEAL OF A FLORIDA LICENSED SURVEYOR
AND MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES
ONLY.
3) THIS IS A SKETCH AND LEGAL DESCRIPTION ONLY, NOT A FIELD SURVEY.
4) BEARINGS ARE BASED ON THE WEST LINE OF LOT 72, BEING S13°12'19"W, AS SHOWN
HEREON.
5) DISTANCES SHOWN HEREON ARE IN FEET.
PROJECT NAME
ALANIK PEDESTRIAN BRIDGE AIR -RIGHTS
SHEET NAME
LEGAL DESCRIPTION
FLorida Land
MI Design &
Permitting
3030 STARKEY BOULEVARD
TRINITY, FLORIDA 34655
PHONE: (727) 478-2421
www.fldandp.com
E-mail: info@fldandp.com
Engineer # - CA No. 33088
Survey 4 - L88342
-1,a0
SHEET 3 OF 3
Exhibit D
Minimum Maintenance and Inspection Requirements for Pedestrian Bridge
A. User Safety. The Pedestrian Bridge will be inspected by a Florida licensed professional engineer
on a regular basis, and, at minimum, once every two (2) years, to verify that all user safety related elements
are in serviceable condition. In the event the requirements set forth in this exhibit do not meet minimum
FDOT requirements, FDOT requirements for Bridge Maintenance Reference Manual shall govern. FDOT
Bridge Maintenance Manual provides preventative maintenance activities for superstructure and
substructure elements. Areas to inspect include but are not limited to:
(1) All guardrails, railing systems, handrails, rub rails, toe plates, fencing, pickets,
deck drainage, and other features intended for user safety should be checked to insure that 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.
(2) 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.
B. Structural Integrity. At least one inspection shall be performed no less than once every
two (2) years by a Florida licensed professional engineer to ascertain the structural condition of the
Pedestrian Bridge. This visual inspection should include, but not limited to , deficiencies :
(1) General inspection for damage that might have been caused from impact. This
might include damage to the ends of the Pedestrian 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.
(2) Welds between verticals, diagonals and chords should be inspected for any sign of
cracking.
(3) 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.
(4) Check all concrete elements for any deficiencies including but not limited to
cracking (working, non -working, structural, non-structural, etc.), delamination, spalling,
corrosion, beam end damage, impact damage, settlement, etc.
(5) Check all steel elements for any deficiencies including but not limited to
corrosion, fatigue cracking, bending / buckling elements, loose, missing, or broken
fasteners, distortion, impact damage, settlement, etc.
(6) 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 Pedestrian Bridge.
(7) If the Pedestrian 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.
(8) bridge deck, joints, slabs, beams / girders, trusses, panels, pre -fabricated elements,
temporary elements to facilitate short and long term maintenance, superstructure,
substructure, abutments, wingwalls, piers, foundations, slope protection, etc., as applicable
C. Daily Maintenance (as needed)
(1) Pick up all trash/debris.
(2) Sweep Pedestrian Bridge of all foreign material (i.e., sand, dirt, etc.)
D. Monthly Maintenance (as needed)
(1) Pressure washing of Pedestrian Bridge surface, as needed.
(2) Removal of gum or other foreign materials that are stuck to the Pedestrian Bridge
surface, as needed.
Exhibit E
City of Clearwater Insurance Requirements
The Developer shall, at its own cost and expense, acquire and maintain during the term of
the Agreement with the City, insurance as set forth below. Coverage shall be obtained with
insurers having an AM Best Rating of A -VII or better.
Specifically, the Developer must carry the following minimum types and amounts of
insurance on an occurrence basis or in the case of coverage that cannot be obtained on an
occurrence basis, then coverage can be obtained on a claims -made basis with a minimum
three (3) year tail following the termination or expiration of this Agreement:
A. Commercial General Liability Insurance coverage, including but not limited to, bodily
injury, personal injury, death, property damage, premises operations, products/completed
operations, severability of interest, and contractual liability in the minimum amount of $1,000,000
(one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate.
B. Commercial Automobile Liability Insurance coverage for any owned, non -owned, hired
or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars)
combined single limit.
C. Worker's Compensation (WC) & Employer's Liability Insurance coverage for all
employees, Worker's Compensation as required by Florida law and Employer's Liability with
minimum limits of $1,000,000 bodily injury each accident, $1,000,000 bodily injury by disease
each employee, and $1,000,000 (one million dollars) bodily injury by disease policy limit.
D. The above insurance limits may be achieved by a combination of primary and
umbrella/excess liability policies and shall provide the severability of interest provision.
E. Prior to the execution of this Agreement, and then annually upon the anniversary date(s)
of the insurance policy's renewal date(s) for as long as this Agreement remains in effect, the
Developer will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD
certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the
coverage set forth above and evidencing the City as an "Additional Insured" for General and
Automobile Liability coverages.
The address where such certificates and certified policies shall be sent or delivered is as
follows:
City of Clearwater
Attn: Engineering
P.O. Box 4748
Clearwater, FL 33758-4748
F. The insurance coverages required herein are to be primary, with respect to any losses
claims arising in connection with the Pedestrian Bridge. The Developer shall give the City written
notice of any cancellation, non -renewal, termination, material reduction in coverage within five (5)
business days after the Developers becomes aware of the same. The City may require a reasonable
increase to these limits based on the City's standard Risk Management practices with one hundred
and eighty (180) days' written notice to the Developers.
G. Contractors Insurance- In addition to the insurance to be maintained by Developers
throughout the term of this Agreement, during the construction and at times when necessary
repairs, maintenance or inspections require use of City right-of-way, Developers shall require its
contractors to provide the following minimum insurance: Commercial General Liability (including
products and completed operations liability) with limits no less than $1,000,000 (one million
dollars) per occurrence, $2,000,000 (two million dollars) general aggregate; and $2,000,000 (two
million dollars) products and completed operations aggregate; Commercial Automobile Liability
Insurance with limits no less than $1,000,000 (one million dollars) combined single limit and
Workers Compensation as required by Florida law and Employer's Liability with minimum limits
of $1,000,000 bodily injury each accident, $1,000,000 bodily injury by disease each employee,
and $1,000,000 (one million dollars) bodily injury by disease policy limit. Developer shall require
contractors to add the City as an "Additional Insured" for General and Automobile Liability
coverages on a primary and non-contributory basis.
In addition, when requested in writing from the City, Developer shall require such contractors to
provide the City with Certificates of Insurance, reasonably acceptable to City.