SUBJECT/RECOMMENDATION:
Title
Approve a Mutual License and Use Agreement between the City of Clearwater (City) and BW CW Hospitality LLC (BWCW) of Houston Texas to allow for the construction of a pedestrian overpass by BWCW from the BWCW property over city Right-of-Way to city property known as Beach Walk and authorize the appropriate officials to execute same.
Body
SUMMARY:
BWCW desires to install a pedestrian overpass from their multistory hotel development currently know as the Hyatt on Clearwater Beach over S. Gulfview Blvd. ROW to Beach Walk. This overpass will allow pedestrians to access Clearwater Beach directly from the parking garage and BWCW property without having to cross S. Gulfview Blvd.
As part of the Development Agreement between the City and BWCW, they were responsible to provide a minimum of 400 publicly accessible parking spaces. Persons parking in these spaces must cross S. Gulfview Blvd. to access Beach Walk and Clearwater Beach.
BWCW will be responsible for all costs of and construction of the new overpass structure and amenities; as well as all future maintenance and upkeep of the structure. Construction of the overpass must begin within two years and completed within eight months of the commencement date of the construction.
BWCW agrees to maintain 400 public parking spaces, to not exclude the public from the access and use of the overpass and public parking spaces and to continue to maintain the overpass according to Overpass Standards, set forth in the agreement.
The City may terminate the agreement for a greater public purpose or in the event BWCW does not comply with the conditions set forth in the agreement.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A