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ARTICLES OF AGREEMENT (DRAWINGS IN FILE) ". ~ ,': J -:~ -,:-.< I ARTICLES OF AGREEMENT " 1,1, WHEREAS, on June 18, 1987, the Clearwater City Commission approved a Site Plan Amendment to the final site plan for DIMMITT CHEVROLET, INC., (PMSeIV of the Master Site Plan - PSP 83-60) relating to C!tain real property in the City of +1. . Clearwater which is owned by LAWRENCE Ii, IMMITT, III and leased to DIMMITT CHEVROLET, INC,; and WHEREAS, the approval of the Site Plan Amendment was conditioned upon an agreement to be approved by the City Commission providing for the improvement of 3rd Avenue, Lake Chautauqua Subdivision, if and when the improvement is needed; NOW, THEREFORE, for $10.00 and other gOOd, a.i4 valuable consideration, -1<, '0/ receipt of which is acknowledged by LAWRENCE pt.. DIMMITT, III and DIMMITT CHEVROLET, INC., the parties mutually agree as follows: 1. DIMMITT CHEVROLET,lNC" will construct a two-lane road for 3rd Avenue between U.S, 19 and Main Street, Lake Chautauqua Subdivision, or a portion thereof, at such time as a determination is made by the City of Clearwater that the aforementioned improvement is necessary. The engineering and design of said road shall be the obligation of DIMMITT CHEVROLET, INC. The road shall be constructed in accordance with the applicable City of Clearwater engineering standards for roads to be dedicated to the City of Clearwater, and such storm water detention requirements as may be imposed by other governmental agencies as a result of the road construction. 2, Until such time as the road is constructed, access will be permitted between the LARRY DIMMITT CADILLAC and DIMMITT CHEVROLET dealerships across 3rd Avenue; however, there will be no access to U,S. 19 or to Main Street from 3rd Avenue by any of the dealerships operating at this location. 3. This agreement shall be a covenant running with the land and shall be enforceable against the heirs, successors and assigns of the property described in Exhibit "A," Executed this IT~ ~~ day of o\"ll...t, 1987. By: Approved as to form and correctnes Attest: By: r " ^~-\~,~~- ( I,! City g_l~rk .f ~. I < f!\" -"., -\.~-;.. .....J..,E7-"----~_-~_~ - 1- (Ie , Ii' c___ Yo.' ,J t "_,,' q/:J..6/," I " , 1'--- " - y " " I I (fI'bw- (rrkL '-jJ) , t2Jp 1J; 1-~ Lt:' It, LAWRENCE)(, DIMMl'I'T III !j'i ~ ~f-Ii :L~t~.", - Lawrence K. 1m mitt III it- .;59 (lY\wcc- (Yy'\g.,.?:c ~.tk~7J!'l/~ DIMMITT CHEVROLET, INC., a Florida corpora:ion , ~1 c/ _ By: L-;r" -' ~ 1(, - f1lC~ Lawrence H, Dimmi ,III President STATE OF FLORIDA ) COUNTY OF PINELLAS ) BEFORE ME, the undersigned authority, personally appeared Rita Garvey, Anthony L. Shoemaker, Cynthia E, Goudeau, and M, A. Galbraith, Jr, , the Mayor-Commissioner, City Manager, City Clerk and City Attorney, respectively, of the City of Clearwater, Florida, to me well known to be the persons who executed the foregoing agreement, and they severally acknowledged the execution thereof to be their.free-act and deed for the use and purpose herein set forth. 9th r ~kf:':""1 :,:-t:J'::; I" -'_ 'l My CC~;B;i;,~ivrJ ~'~:~'i;j"';:;:; ~,:',( :i::,'/:';'Jj Bonduli H"u j'ro~ .."in" In.\UI-"'"~,,, ;,,~ STATE OF FLORIDA ) COUNTY OF PINELLAS ) ,~( )' BEFORE ME, the undersigned authority, personally appeared LA WRENCE ,<<',+t. DIMMITT, III, who, after being duly sworn, deposes and says that he is the person described in the foregoing agreement and has signed said agreement freely and volu.ntarily, this \7 #. day of~, 1987. .52t>"'mb.I:U . (Y\l~.L rrrDY,J Notary Public My Commission Expires . ~i-i...L_"...c... ,Cj tq-:{? STATE OF FLORIDA ) COUNTY OF PINELLAS ) BEFORE ME, the undersigned authority, personally appeared LAWRENCE H, DIMMITT, III, as President of DIMMITT CHEVROLET, INC" a Florida corporation, who, after being duly sworn, deposes and says that he is the person described in the forego~g agreement and has signed said agreement freely and voluntarily, this \ 1 day of L'~lIgYSt, 1981. ~mb;ll (f(1cw,., Notary Public My Commission Expires: -:r;:uU:' ICl, I~-gy /'0hc$ - 2-