AGREEMENT WITH DIMMITT CHEVROLET/DIMMITT CADILLAC
)
I
AGREEMENT
THIS AGREEMENT dated this /o'ft--day of ~992 (hereinafter
referred to as the "Agreement"), by and between DIMMITT CHEVROLET,
INC. ,
a Florida corporation
(hereinafter referred to as
"CHEVROLET"), LARRY DIMMITT CADILLAC, INC., a Florida corporation
(hereinafter referred to as "CADILLAC"), RICHARD R. DIMMITT,
individually (hereinafter referred to as "DIMMITT", and the CITY OF
CLEARWATER, a municipal corporation (hereinafter referred to as
"CLEARWATER"), and
WHEREAS, CHEVROLET and CADILLAC lease and operate automobile
dealerships on real property located in the City of Clearwater, as
more particularly described on the plans prepared by King
Engineering Associates, Inc. entitled Third Avenue South, Job
#2039-002, (hereinafter referred to as the "Plans"), a copy of
which are attached hereto as Exhibit "A"; and
WHEREAS, RICHARD R. DIMMITT is the owner of the real property
described in the PLANS as the DIMMITT CADILLAC site; and
WHEREAS, Third Avenue South runs east and west between the
automobile dealerships of CHEVROLET and CADILLAC; and
WHEREAS, Third Avenue South intersects with u.S. Highway 19
and the Florida Department of Transportation ("F .0.0. T.") presently
intends to construct an overpass and interchange at the junction of
u.S. Highway 19 and Third Avenue South; and
WHEREAS, Third Avenue South is currently an unimproved road
right of way; and
WHEREAS, CHEVROLET previously entered into an agreement with
CLEARWATER to improve a portion of Third Avenue South lying between
U.S. Highway 19 and Chautauqua Avenue (formerly Main Street), as
more particularly set forth in that certain Articles of Agreement
dated September 17, 1987, a copy of which is attached hereto as
Exhibit "B"; and
WHEREAS, Third Avenue South east of Chautauqua Avenue and the
real property described in the PLANS lying east of Chautauqua
Avenue are not located within the city limits of Clearwater, but
1
ef!,'~
V17~
]
I
instead lie in the unincorporated part of Pinellas CountYi and
WHEREAS, Fourth Avenue South is located entirely in the
unincorporated part of pinellas County; and
WHEREAS, DIMMITT and CADILLAC are desirous of consolidating
the CADILLAC dealership site and operations by having that portion
of Chautauqua Avenue lying South of Third Avenue South, and all of
Fifth Avenue South, vacated by Clearwater, as well as having
Pinellas County vacate a portion of Fourth Avenue South, so as to
allow the realignment of Third Avenue South as more particularly
described and set forth in the PLANS attached hereto as Exhibit
ItA"i and
WHEREAS, CLEARWATER is desirous of having Third Avenue South
paved and improved between u.S. 19 and Chautauqua Avenue according
to the specifications as set forth in the PLANS attached hereto as
Exhibit "A", and is in agreement with and fully supports the
proposed realignment of Third Avenue South east of Chautauqua
Avenue and the vacation of a portion of Fourth Avenue South and
Fifth Avenue South, as more particularly set forth in the PLANS
attached hereto as Exhibit "A", it is
THEREFORE, stipulated and agreed as follows:
1. CHEVROLET and CADILLAC shall at their own expense, subject
to the terms and conditions hereinafter set forth, cause Third
Avenue South to be paved, realigned, and improved according to the
specifications as set forth in the PLANS attached hereto as Exhibit
"A" . CHEVROLET and CADILLAC sha 11, by separate agreement,
apportion the cost of said improvements between themselves.
2. Richard R. Dimmitt, subject to the terms and conditions
hereinafter set forth, shall dedicate to pinellas County additional
road right-of-way for Third Avenue South east of Chautauqua Avenue
in order to realign Third Avenue East of Chautauqua Avenue, as more
particularly set forth on the sketch attached hereto as Exhibit
IIC".
3. Richard R. Dimmitt, subject to the terms and conditions
hereinafter set forth, shall grant a drainage and utility easement
to Pinellas County on a portion of Lot 6 and Lots 27 through 32,
2
)
1
Block 36, Unit I, section A, Chautauqua "On The Lake", as set forth
on the sketch attached hereto as Exhibit "D". Richard R. Dimmitt,
subject to the terms and conditions provided herein, will also
dedicate a drainage easement to Pinellas County the East 25.00 feet
of Lots 6 and 27, Block 36, unit 3, section A, Chautauqua "On the
Lake", as recorded in Plat Book 9, page 146, Public Records of
Pinellas County, Florida, and as set forth in the sketch attached
hereto as Exhibit "E".
4. CLEARWATER, at its own expense, upon the terms and
conditions contained herein, agrees to vacate as soon as possible
that section of Chautauqua Avenue lying South of Third Avenue
South, as more particularly set forth on the PLANS attached hereto
as Exhibit "A", and all of Fifth Avenue South, reserving a twenty
(20) foot easement for existing sanitary sewer lines and a fifteen
(15) foot easement for existing water lines.
5. CLEARWATER agrees to cooperate, join in, and support
DIMMITT and CADILLAC's request to pinellas County to realign Third
Avenue South and to vacate that portion of Fourth Avenue South as
more particularly set forth in the PLANS attached hereto as Exhibit
"A", subject to appropriate easements being reserved for existing
water (15 foot) and sewer lines (20 foot) lying in a portion of
said vacated road right of way. CLEARWATER agrees to support and
join in if necessary any application for permits with Pinellas
County, Swiftmud, and/or the Florida Department of Transportation
in connection with the construction set forth in the PLANS attached
hereto as Exhibit "A".
6. CLEARWATER agrees to grant all necessary permits for
construction as set forth in the PLANS attached hereto as Exhibit
"A", subject to the roadway, drainage, and utility elements of the
construction plan meeting the standard requirement of CLEARWATER.
7. The parties agree that upon execution of this Agreement by
all parties, DIMMITT shall then execute the legal instruments
required pursuant to paragraphs 2 and 3 and deliver said original
instruments to be held in escrow with David M. Lee, Esq. of
Macfarlane, Ferguson and not released except as specifically set
3
I
I
forth herein.
8. CLEARWATER I S vacation of that portion of Chautauqua Avenue
lying south of Third Avenue South and all of Fifth Avenue South
shall be expressly contingent upon the following conditions having
been met or waived in writing by CLEARWATER:
(a) DIMMITT executing the legal documents as set forth
in paragraphs 2 and 3 above and delivering said documents
in escrow as provided in paragraph 7 above.
(b) Pinellas County's vacation of Fourth Avenue South
and acceptance of the proposed realignment of Third
Avenue South as set forth in the PLANS attached hereto as
Exhibit "A".
(c) The Third Avenue South road improvements and
realignment between U.S. 19 and Chautauqua Avenue as set
forth in the PLANS being constructed, completed, and
accepted by CLEARWATER and the appropriate regulatory
agencies which have issued construction permits.
9. Notwithstanding any provisions of this Agreement to the
contrary, in the event that within nine (9) months from the date
this Agreement is signed by all parties CLEARWATER fails to approve
the vacation of Chautauqua Avenue and all of Fifth Avenue South as
provided herein, or Pinellas County and/or the Florida Department
of Transportation fails to agree to the realignment of Third Avenue
South as set forth in the PLANS and/or pinellas County fails to
vacate the portion of Fourth Avenue South as set forth in the PLANS
or pinellas County and/or any regulatory agency requires terms and
condi tions which are not acceptable to CADILLAC, CHEVROLET or
DIMMITT, then DIMMITT, CHEVROLET, and CADILLAC each reserve the
right to cancel this Agreement upon ten (10) days written notice to
CLEARWATER. CADILLAC, CHEVROLET, and DIMMITT reserve the right, in
their sole discretion, to extend this nine (9) month deadline for
an additional ninety (90) days. DIMMITT, CHEVROLET, and CADILLAC
also reserve the right to cancel this Agreement in the event the
required permits from the applicable regulatory agencies are not
obtainable upon conditions satisfactory to them in their sole
4
)
I
discretion. In such event, the Escrow Agent, upon receipt of
such notice, is authorized to immediately return all original
documents held in escrow pursuant to this agreement to DIMMITT
wi thout further notice to any other party. In the event of
cancellation of this Agreement as provided above, the vacation by
CLEARWATER of that portion of Chautauqua Avenue South of Third
Avenue South and all of Fifth Avenue South shall also be null and
void. DIMMITT and CADILLAC agree to cooperate in execution of any
documents necessary to cancel the vacation of Chautauqua Avenue
south of Third Avenue South and Fifth Avenue South in the event of
a cancellation of this Agreement.
10. In the event of the cancellation of this Agreement as
provided in paragraph 9 above, nothing herein shall be deemed a
waiver by CLEARWATER or CHEVROLET of any of their respective rights
pursuant to the Articles of Agreement dated September 17, 1987, a
copy of which is attached hereto as Exhibit "B".
11. Terms of Escrow - The original documents as set forth in
paragraph 2 and 3 shall be held in Escrow by David M. Lee of
Macfarlane Ferguson upon the following terms:
(a) In the event of cancellation of this Agreement as
provided by paragraph 9 above, Escrow Agent is authorized to
release and return all original documents to DIMMITT upon
receipt of written notice of cancellation of the Agreement
from either DIMMITT, CADILLAC, or CHEVROLET and this Agreement
shall be null and void.
(b) Escrow Agent is authorized to release the original
document described in paragraphs 2 and 3 above and record same
in the Public Records of pinellas County, only upon completion
of the following conditions:
(1) Vacation of that portion of Chautauqua
Avenue and Fifth Avenue South by CLEARWATER as
provided in the PLANS.
(2) Vacation by pinellas County of a portion
of Fourth Avenue South according to the PLANS.
(3) Completion of construction and the
5
J
I
realignment of Third Avenue South as set forth
in
the
PLANS
and
acceptance
of
said
realignment by pinellas County.
(c) All parties agree that the Escrow Agent's duties are
ministerial in nature, and Escrow Agent shall incur no
liability whatsoever, except for willful misconduct or gross
negligence. Should a controversy arise with respect to this
escrow agreement or the rights of any party hereto, Escrow
Agent shall have the right in its exclusive judgment to
commence an action or proceeding for the determination of the
controversy,
including
an
action
in
the
nature
of
interpleader, in which event Escrow Agent is authorized to
deliver all documents in escrow to the registry of the Court
which shall automatically release and discharge Escrow Agent
of all further obligations or responsibilities in this matter.
12. This agreement contains the entire agreement between
the parties and cannot be altered or amended unless done in writing
signed by both parties.
Witnesses:
~
.. . !! f!J!
DIMMITT CHEVROLET/ INC.
By: ~__~/J~Rh
awrence H. D1mmit , III
President
LARR~ITT CADILLAC, INC.
By: ~\~" 'it
President
Ji~~~ mMM1,
individually
CITY
By:
Michael J. Wr'
City/Manager
6
I
Attest:
By: OL.A~~ C, ;L .0_
.-:~ia :8.., Goudeau
~.. _ City. C.lerk
Agreement.3rd-Ave2.Dim
I
vey
Approved as
correctness
to
form
and
7
", ;.
'-
~.,: ,> ",
'l"~'-""""'~'<.
,\,--."
'MA~ 25 '90 09:55
,.
". . ...
"..-----., -~.-'- ",--'- "~-,"""
(~1
Gb
P.2
1. DIMMITT CHEVROLET, INC., will construct a two-lane roed 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 t:~c City of Clearwater that the
aforementioned Improvement is necessary. The engineering and design of said road
shall be tM obligation of DIMMITT CHEVROLET, INC. The road shall be constructed
In accordance with the applicable City of Ciearwater engineering standards tor roads
to be dedicatee! to the City of Clearwater, and such stormwater oetention
requirements as may be imposed by other governmental agencies as a. result of the
rOad construe tion.
. .'.
2. Until such time as the road is constructed, access w111be permItted between
the LARRY DI,,1MITT CADILLAC and D!MhlIT'T CHEVROLET dealerships across3rd
Avenue; ho.....ever, there will be no access to U.S. 19 or to Maln Street from 3rd Avenue
by any ot the dealerships operating at this location.
3. This agreement shall be a covenant running with the Jand and shall be
enforceable against the heirs, successors and assigns of the propol'ty described In
Exhibit "A."
~ r'-,-.-r<-E._R./fJ
day of ^,,;;=t, 1987.
Executed thIs
pH..
O,F GLEAR\\'ATE12l=\. ~'DIHn.A,
1ft " ,~.:0-
I; / ""?I'
I "--:::::J ] I
{ .{ 1. .-' _..--~,. ,...L '2t.....
'7-- ---tit Yj,finaiei='-
CITY
.~. ~ ~"-t-:r\ '
.,layor-Com m15 sioner '-U--
Approved as to form
, an~ ct),rrectnes~~. \
~ -'
City Attorne('
Et>':
Alteen:
( ,", 1
\ '-l r, ,r ,'):':
.)......6il~', \I~ ~~...!-... ,~~ ,~s ~
:', City CJcr~:
') ,
r
~\60
By:
- 1 -
.."..
'<I
"',1 _
EXHIBIT:""B"
@
.~.':. ~
:~
f! ~'; .
.
: ':;' ~ ~ .";:" .
.,','
:"~ :;:.:
",' ,..~.,
-- .--.
" '
n ~
. fYlGlY 25 '90 09: 56
..
,'.1,
t;::J-._i
',.EIt.
P.3
. "',
.it-: '
,,-
tv, ,
~Lt-, fl'Tb.c.L
'-1>>. a~ 11;;( J
H.
LA II"RENCE,K. DIMMITT III
I;
l.q~ -~ II ./!Z-'
L:l wrence;i-5-(m mitt 1II
f+:;ro'
'r-V ,
- ~~JJ-
-
mlo.", (il'\.~(':'-
f;(.~~7l!f~
Dl~DIITT CHEVROLET, INC., a Florida
corporation , Ji
I '" 0/
By; L~~.- --.c.1(, '_:_ . ~f J It ~
Lawrence H. Dimmit't, III
President
STATE OF FLORIDA ,)
COUNTY OF PINELLAS ) ·
'BEFORE ME, the undersigned authority, personally appeared Rita Garvey,
Anthony L. Shoemaker, Cynthia :E. Gouoe,'u, and H. A. Galbraith, Jr. ,
the Mayor-Commissioner, City Mllnager, City Clerk and City Attorney, respectIVely,
of the City of Clearwater, Florida, to me well known to be the persons who executed
the fOl'egoing agreement, and they severaUy acknowledged the execution thereof to be
their free /let and deed for the use and purposa herein set forth.
, Seo~ember
WITNESS my and and official seal this 9th day of .l'tl:l&,~f, .l987.
~~1\IY Commission Expire~:
r.. :~..t!o-.. ..." ...... rl.'. .: .. ...:
-. 'I ........ ........ ~. ,.. .J
N.r (C'~~l::.i;;:t ~~i'il:'.s ;:;,,. .... i.;.':'
. ~a"'I".i. Ir.r.. .h~f ,..... "1.. .. '"
STATE OF FLORIDA ) /'
COUNTY OF PINELLAS ) Y'
BEFORE ME, the uncersigned author! ty, personally app~a.red LA 1\'RENCEj:.1i.
DIMMITT, III, who, after being duly sworn, oe;:>oses and says tha.t he is the person
described In the foregoing agreement and has si,;ned said agreement freely and
voluntarily, this 17 ++- d!!.y of tItr",.cr:.;t, 1987. '
S<.p'-'fT"o;...... '
~_C
(rl'tJJ.l.
Notary PUblic
,'''. I~.ir
My Co::,mis:;ion Expires
~
'STATE OF FLORIDA
COUNTY OF PlNELLAS
)
)
BEFORE ME, the undersigned authori ty, p,;,rsonally appeared LA WRENCE H.
DlM:rIlTT, III, as President of DIM~lIIT CH!::\"RQLET, !t'<C., a Florida corporation,
who, after being duly sworn, deposes and S~Y5 th~t he Ls the person described in the
foregoi(lg agreement and has signed seid /o:.g-reC'r.-,cnt freely and volunta~il~', this
l-r<- day of~, 198.1. ,,'
,5.'p,,-m!:>J ' , ' ' .'" '. '
, Iry- r.ul..'~- ,()\"lD-t~~
Notary PubUc
My C,J:nmls:~ion Expll"es: :-:r:.....-r.: A ,-iG't""
- 2 -
.'-'. .
o
r,
.,-;':'l,';.:. .... .....
. ..:..:....
..;...;
7.."':--.-.-.........-- ,
!J ' . ,
.0
If'
~
I
--l
5,O'=>'
',~
THE NORTH 5.03 FEET OF LOTS 27 THROUGH 32
. TOGETHER WITH ALL OF LOTS 7 1\ND 2 Ii, TOGETHER WITH THE
EAST 15.00 FEET OF LOTS 6 AND 27, ALL DEING IN BLOCK 36, UNIT 1,
SECTION A, CHAUTAUQUA "ON THE LAKE" AS RECORDED IN PLAT BOOK 9,
PAGE 52 OF THE PUBLIC RECORDS OF PINELJ~SCOUNTY, FLORIDA.
MAI\..J -::'1-
...;. N,
';,c.ALE: r"~So'
1.04.4'1' (M")
'lCO.a'
FIIZ
# 'll 44
<?::rl.""J'OT.'
"
e,-::>"4't'1.1
I 51r2
r
.I,j,'
'oj-
r0
---,.._-_..~-_.._..-._---
o,fl .j\ 0 ,
r0 + r0 ljl
tIJ .
~ (J 8 u.J
-8 'r0 \~ ~
:l 'J' ~ <f' 0
\;l 0 -.:t -,II..) r-I \_ l0
::l ~ 9 [::I.
2 ',\0 I ~
'.(\ rD I
JI ...r ,I
o 1.'; \
[2/0',",; ~ _J
----L - -
-----
I
!J)
,j
-.)
,.J
'5112
'lco.a'
'1-04.'3-:> (M)
""112_
PREPARED BY:
KING ENGINEERING ASSOCIATES I INC.
:IEL . FERRANS, PLS
FLA. REG. NO. 3885
KING ENGINEERING ASSOCIATES, INC.
Engineers,. Planners · Surveyors
CHA.UTAUQUA.. "ou T\-\E LAILc"
~ by LAB
ched<N by
, T\-l\':> 51<.E.;fGI-I 00f:;':> \JOT
COW'bl\TUTt: A ~U\=<.VCy~
2145 u.s, 19 North
Clearwater, Florida 33575
(813) 791-1441
dall ':>-1- '10
LOCATIOi-J '~:k.c:. T'CI-\
f2IGHT-of- WAY
pr!I I no.
'20:'''l- 00'?
nlld bool\ no.
,hilt
\
DF
I
EXHIBIT "c"
o
i ,!
., .
r
'...
"-~'
.,----'
.I
...;
Sc.b-.U,,' \":,:>0'
~AIU ~T.
"-l
FIr:2.
. ;1-'1144
'l04A'L (M) N="05'24'W
1.00.0' Ib.OO'
P.O.'=>.
SOO'0",''24"1::
";'\12. '=>.,,~'
'.
(
':JQ" '2.:;0'1"
6"'~4'1.' 1.1"
~
.c)
ll'
15.='
c-l
-J'
-1-
r0
\
.(-
\0
~
o
r()
r()
-,0
oj-
,()
rn
I
:J..
."() \j
""0
,--'
to
i
~
-8
.. '
3\ uJ g
$ ~ I ((l
",;- z.
~m
~ 14.1~~~ I
I
--.-J
"8
o
~
::l
~
::J
o
lL
<t
Jl
-.(l
-t
" N44"'Ss'cd'W
3
D
-.3--
- ()
-0
.,j-,
t=
:z
N~O<;"OO"W =1 J..lI..:...I~ ---
~ 's' r
Soo"o<;"od'e ~L ~19'1,l(T(-I-
r
SIR
r Jl \..')
1- rJ'
\
'lco.a' '51t2.
'2..04:':):> ( M;
S E:fl 04-4 SFt'" E
'2~O,oo'
\0
uJ
~
o
c,l
f!
l\-lI'5 '5~E:TC.\-l COE.'::> UOT
COU~T1TUTE: A. '5U~E:Y.
2145 V.S, 19 North
Clearwater. florida 33575
(813) 791-1441
KING ENGINEERING ASSOCIATES, INC.
Engineers · Planners · Surveyors
CHAUTA.UQll6.. 'ou Tl-l E: LA~e." '.
drown ~ LA-I:)
dltdt~by
Pf!l t no.
'10':>'1- 001-
field book no.
dalt
LOC.6.110U '51L E-rC\-\
O(:2.AIUA6E: "I UilLlTV E:A,,:::>~..{,T,
S-I-90
EXHIBIT "D"
.httf
oF
'1.
o
"
j
....
"j'. .
J
tt
PARED BY:
NG ENGINEERING ASSOCIATES I
, , NC.
FERRANS, PLS
NO. 3885
__ N
SCA-LE: /".:,0'
MAIN
'51.
100'
\00'
'0
Lfl
\"
,()
l'-
-J'
't
-.9
rJ
100'
100'
THE EAST 25.00 FEE'l' OF LOTS G AND 27,
BLOCK 35, UNIT NO.3, SECTION A, CHAUTAUQUA "ON THE LAKE" AS
RECORDED IN PLAT BOOK 9, PAGE 146 OF TilE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA.
,
'5~cTC.~ OtJL'<-NOT b. ?Ul<vl:,Y
--- .-
; PREPARED FOR:
I
!
i PROJECT:
I c.l-\AUTb..UQU~ "ON TI-le LAkE"
PLAN: LOC.b..TIOI'oJ 'SkeiCH
Dt:2.b..INACJE EA~EMENi
SCJ.LE: DJ.TE: DRJ.'Wl-l BY: CKD BY:
I"SO' 4-':>(7-90 Lb.~
~ing
Engineering Associates,
21'5 U.S, 19 Norlh
Cleantal.r, Florid. 3-1623
I (813)791-1-1-11
Inc.
FB, PG. JOB NO.: SEC. TVoP, RGE, SHEET NO,:
q 1M.:, 1.o";f\ _ 00"2. I of I
:;:XHIBIT !lEIl
~