AMENDMENT TO AGREEMENT RE THIRD AVENUE SOUTH
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AMENDMENT TO AGREEMENT
THIS AGREEMENT dated this :30 day of
(h~t-.
,
1993 (hereinafter referred to as the "Agreement"),: by and between
DIMMITT CHEVROLET, INC., a Florida corporati~n (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 uS "CI,EARWATER"), and
WHEREAS, the above parties previously entered into an
Agreement dated the 10th day of June, 1992 (the "Agreement") a copy
of which is attached hereto as Exhibit "A", regarding the
reconfiguration and rerouting of Third Avenue South as more
particularly described in said Agreement and Plans attached
thereto, and
WHEREAS, the Florida Department of Transportation (FOOT) by
letter dated August 27, 1992, a copy of which is attached hereto as
Exhibit "B", is requiring certain "Special Conditions" be satisfied
before issuing a connection permit authorizing the opening of Third
Avenue South on to U.S. Highway 19 North, and
WHEREAS, the Special Conditions cannot be satisfied on
conditions acceptable to CHEVROLET, CADILLAC, and DIMMITT, and
WHEREAS, the FDOT currently has plans to construct an overpass
and crossover at the intersection of Third Avenue South and U.S.
Highway 19 North in the near future, and
WHEREAS, upon the completion of construction of the overpass
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by FDOT at the intersection of Third Avenue South and U.S. Highway
19, the special Conditions raised by FOOT in their letter attached
hereto as Exhibit "B", will no longer be applicable to the project
since Third Avenue South will, upon completion of construction of
the overpass, open onto an access road and not directly on to U.S.
Highway 19 North, and
WHEREAS, the parties realize need for Third Avenue South to be
improved as set forth in the Plans will not actually occur until
such time as the overpass and crossover is constructed at the
intersection of Third Avenue South and U.S. Highway 19 North, and
WHEREAS, the parties desire to proceed with that portion of
the project as set forth in the Plans the Plans for rerouting Third
Avenue South east of Main street at this time so that the existing
regulatory permits for the Plans do not expire, and
WHEREAS, the CITY by Ordinance No. 5266-92 has already
approved (subject to certain conditions) the vacation of that
portion of Main Street south of Third Avenue South and all of Fifth
Avenue South as provided in the Ordinance, a copy of which is
attached hereto as Exhibit "C"i
THEREFORE, the parties hereby stipUlate and agree to amend the
Agreement as follows:
1. Upon Pinellas County approving the vacation of a portion
of Fourth Avenue South and the rerouting of Third Avenue South as
set forth in the Plans, CLEARWATER shall waive the contingencies
set forth in paragraph 8(a) and (c) of the Agreement and shall take
all steps necessary for the prior vacations by CLEARWATER of that
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portion of Main street and all of Fifth Avenue South as provided in
Ordinance No. 5266-92 to become immediately final and irrevocable
without any reservations or contingencies whatsoever and shall
record proof of same in the Public Records of Pinellas county.
2. CHEVROLET and CADILLAC, in consideration of the CITY
waiving the contingencies contained in the Agreement in paragraph
8 (a) and (c) and the CITY agreeing to irrevocably granting the
vacation of a portion of Main Street and all of Fifth Avenue South,
as provided above, agree to construct at their own cost and
expense, the road improvements for Third Avenue South west of Main
Street to U.S. Highway 19 North as set forth in the Plans by King
Engineering attached to the Agreement at such times as the overpass
and crossover to be constructed by FOOT at the intersection of
Third Avenue South and U.s. Highway 19 North are completed,
provided that all necessary regulatory permits are issued for the
Plans as drawn without additional conditions or exceptions.
3. CHEVROLET and CADILLAC's obligations to construct Third
Avenue South west of Main street to U.S. Highway 19 as provided
herein is expressly contingent upon Pinellas County first vacating
that portion of Fourth Avenue and Pinellas County authorizing the
rerouting of Third Avenue South east of Main Street according to
the Plans, upon terms and conditions acceptable to CADILLAC and
CHEVROLET, all applicable permits being granted, and the
construction being performed.
4. In the event Pinellas County fails to approve the vacation
of a portion of Fourth Avenue South within a reasonable period of
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time and the rerouting of Third Avenue South as set forth in the
Plans, this Agreement shall be null and void.
5. In the event Third Avenue South realignment is completed
east of Main street but the overpass at the intersection of Third
Avenue South and U.S. Highway 19 is not constructed by FOOT within
seven (7) years from the date hereof, this Agreement and Amendment
to Agreement is null and void.
6 This Agreement contains the entire understanding between
the parties and cannot be amended unless done so in writing signed
by all parties.
7. The provisions of the Agreement not in conflict herewith
shall remain in full force and effect.
c
DIMMITT CHEVROLET,
By: ~,t4-
Lawrence H. D1mmitt,
President
~
=~:J:ILt) INC. t-
prI:\ ~ +
~ARD R. DIMMITT,
individually
ita Garvey
Mayor-Commissioner
By:
Michael Wriqhi:'
City Manager_
Attest:
Approved as to form and
correctne
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City
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l!.QRgEMENT
-;]'~@
of-;MaFclf, 1992
(hereinafter
THIS AGREEMENT dated this /6""-. day
referred to as the IIAgreement") I by and between DIMMITT CHEVROLET,
INC. I
a
Florida
corporation
(hereinafter
referred
to
as
"CHEVROLETU), LARRY DIMMITT CADILLAC, INC., a Florida corporation
(hereinafter referred to as "CADILLACII), RICHARD R. DIMMITT,
individually (hereinafter referred to as "DIMMITTIl I and the CITY OF
CLEARWATER, a municipal corporation (hereinafter referred to as
"CLEARWATER"), and
WHEREAS, CHEVROLET and CADILLAC lease arid 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
WIIEREAS, 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 'I'ransportation ("F.D.O.T. ") presently
intends to construct an overpass and interchange at the junction of
u.S. lIighway 19 and Third Avenue South; and
WIIEREAS, Th i rd Avenlle South j s currently an unimproved road
right of way; and
WtlEREAS, 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, 19B7, a copy of which is attached hereto as
Exhibit l'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 wiUlin the cit.y limits of Clearwater, but
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EXHIBIT A
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instead lie in the unincorporated part of PIne lIas County; and
WHEREAS, Fourth Avenue South is located entirely in the
unincorporat~d part of Pinellas County; and
WHEREAS, DIMMI'l'T 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 I 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
IIA"; and
WIIEREAS, 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 IIA", 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 shall, 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-oE-way for Third Avenue South east of Chautauqua Avenue
in order to reallqn 'l'hird Avenue East of Chautauqua Avenue, as more
particularly set forth on the sketch attached hereto as Exhibit
tic".
J. 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,
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Block 36, Unit I, Section A, Chautauqua nOn The Lake", as set forth
on the sketch attached hereto as Exhibit 110". 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 J, Section A, Chautauqua liOn the
Lake II , 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 "EII.
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 CADILLACIs 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
"All, 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 IIAlt.
6. CLEARWATER agrees to grant a 11 necessary permits for
construction as set forth in the PLANS attached hereto as Exhibit
IIA", 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 I DIMMITT shall then execute the legal instruments
required pursuant to paragraphs 2 and 3 and deliver aaid origlna1
instruments to be held in escrow with David M. Lee, Esq. of
Macfarlane, Ferguson and not released except as specifically set
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forth herein.
8. CLEARWATER I S vacation of that portion of Chautauqua Avenue
lying south af 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 deliver Ing sa id 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".
(e) 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 perm~ts.
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 ~f 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
conditions 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 ni.nety (90) days. DIMMI'r'r, CIIEVROLET, 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
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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
without 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 allot Fifth Avenue South sharI 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, 19B7, a
copy of which is attached hereto as Exhibit "BIl.
11. Terms of Escrow - '1'he original documents as set forth in
paragraph 2 and J shall he 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 e.i ther DIMMITT, CA.TnLLAC, or CIIEVROLET and this Agreement
shall be null and void.
(b) Escrow Agent is authorized to release the original
document described in paragraphs 2 and J above and record same
in the Public Records of pinellas County, only upon completion
of the following conditions:
(1) Vacation ot that portion of Chautauqua
Avenue and F1.fth 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
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realignment of Third Avenue South as set forth
in
the
PLANS
and
acceptance
of
said
realignment by Pinellas County.
(e) 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
action
in
the
an
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.
DIMMITT CHEVROLET, iNc.
J ; _)'
By: / ,N..,A j-r[(
Lawrence H. Dimmltt, III
President
(~Jlz
LARRY DIMMITT CADILLAC, INC.
By: f';:'\'W\~, "'U
/'
~r
DIMMITT,
President
~,h >JW\ ~ "
~lC~ARD (~
individually
,iJC7"
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EXIlI BIT A is a 1a njQ 5C t 0 f blueprints which
are on fila with the original agreement in
the City Clerk Department.
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A ItT!f.l,f~_2~.AGItEEM ENT
WHEREAS, on June IS, 1981, the Cle,,:,wal.::r City CommissIon approved a Site
Plan Amendment to the 'fins] sHe plan fer fJL~I\11TT CHEVROL1::T~ 'INC., (Phase TV DC
the ~laster Site Plan - PSP 83-60) relatlng l:J cerJain rew property In the City ot
>1. 1'-'5' .
Clearwater which If; owned by LA WHENCE }:. m!l1MITIJ In and leased to DIMMITT
CHEVROLET, INC,I ~nd
WHEREAS, the approval of the Site Plan Amendment l\'as conditioned upon an
ag-reement to be approved by the City Com,nL5sion provIdJng tor the Improvement ot
3rd Avenue, Lake Chautauqua SUbdlvls;"Il, if and when the Improvement Is needed;
NOW, THEREPOREJ for $10.00 arId ather good 6.1]4 valuable c:onslcJerallon_
'H,'~
receipt of which Is acknowledged by LAWH::NCE fr. DIMMITT, In ftnd DI~JMITT
CHEVROLET, INC., the parties mlltually flC"rt:e BS followSl
1. DIMMITT CHEVROLET, INC., will cCl1slrucl B. two-lane road for 3rd Avenue
between U.S. 19 and Malo Street, Lako2' C~l1HJtauqll8. SubdIvisIon, or a portion thereot,
at such time as a determinaUon Is m!lrJ~ by tho City or Clearwater that the
B!or~mentlQned Improvement 15" necessa:-y. The englneerlng and de!ign of :saId road
shall be. th~ obUgatIon of DIMMiTT CHEVROLET, INC. The r.o'ad shall be oonstruotod
In accorde.nce wIth the applJcoble City of CieElrws. ter englnE:erlng standards tor ro'ads .
to be dedicated to the CIty of Clearwater, and -such storm water detentton
requirements as may be Imposed by other g-overnmentDJ agencJes as a result of the
road construe tIcn.
2. Until such time as the road is constructed, access wUfbe: permitted belwe.e'n
the LARRY DI:'I1M]TT CADILLAC and DIMMITT CHEVROLET delilershlps &cross.3rd
Avenuel ho.....ever, there win be no aocess to U.S. lS or to MaJn Street trom 3rd Avenue
br any of the dealershl~s operating III thls locatIon.
3. This agreement shall be & covenant run~lng w.llh the land and shall be
enforceable agaInst the helr~, ~UCCe.:i50rS llnd assigns of the ptOp~I'tl' desorlbed In
Lxhlblt "A."
Executed this
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dey of ^11ift:~t. ) !:I8?
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Approved as to form
and COHectnr S'-
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City Attorne -- -
ClT~' OF CLl:..A.RWATE/;.R:Yr:01UD...lo"
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EXHIBIT..' liB II
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STATE OF nORTDA )
COUNTY OF PINELLAS )
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LAlmE~CE ,I'{, DIMMITT m
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Lnl'.'!'f:nce K~mmltt UI
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nm\IlTT CHEVROLET, INC,. a FlorIda
corporation 1
/ . ..-.--d/
By;
Lawrence
PresIdent
BEFORE ME, the undersIgned authority, personally appeared Rita Garvey.
Anthony L. Shoemaker. Cyntbia E. GOUde.')lI, and }l. A. Galbraith, Jr.
the Mayor-Commissioner. City hlftnager, City Clerk lihd CIl)' Atlorlley, respectIVely,'
co! lhe City of Clenrwater, FJorid", to me 'dell known to be the perSOns who eXIIc:utoild
the fCiI'egolng ugreement, and the.y severally Acknowledged tha execution thereot to be
theIr free !let e.nd deed (or the use nnll purpose herein set torth.
WITNESS m)' and ltnd official sealthl$ ~~~ d8}' ofSAg~gtef987.
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/~La'[{~U,/7t-1 .<.d-~~ly Commjs~ion Exptresl
otary ~j1bll~ (/ _ .
r ::;:.s.1' r'~:.';.;. !~;:~ :: ;:, ":'1
N.r (c:;l;r,bi;ln '~I';l:l ;~,.. .,:...
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STATE OF FLORIDA
COUNTY OF PlNELLAS y'
BEFORE ME, the unclel'slgncd authority, perosonally appeared LAWRENCE ;:.fL
DIMMITT, JII, who, after beIng duly .sWOt'n, l~e;:"'1~es and says that he h the person
des.crlbed in the foregoing .llgl'eernent and l"r.'L5 siz;-ned suJd agreement freely and
voluntarily, thIs '7~'" d~y or AU\.i<r.."\. l~.s? .
~.:~...:(rc.._: .
f,Ytuc- nn,,_C
Notary PUblic
"".
'STATE OP FLORIDA )
COUNTY OF PINELLAS )
~ly C'x;lmJ:>:i!on ExpIres
~ IC1.1('",'i'F
BEFORE ME, the undersrgned authority, p~rsonally Clppettrcd LAWRENCE n.
DIM:-'lIrr, HI; as President of DI~Ij\lITT CIli::"HOLET. INC~, a FJorJda corp~rB.lion,
who, n[ler being duly Sworn, deposes t.nd 'st!ys lrj~t he'. l.s the person descrIbed In the
torcgoil,1g Agre.ement and hf!.s !/liTnc:::I sc.ld u';roo_'_r.;orlt [rc::,,:]y!ind voluntarUy, thb
\-, ~ -- dav of A:Ufrll~~, 1961.
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IYY Luc,-- 1\1'b.,._(:
Notary Pubnc----
T.l}' C(!::'lIr.L,;~lon Expltt!lSI :):~ /<1./StV
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TilE NORTH 5,03 FEET OF LOTS 27 THROUGH J2
TOGETHER WITH ALL OF LO'fS 7 lIND 26, TOGETHER WITH THE
EAST 15.00 FEET OF LOTS 6 lIND 27, ALL mUNG IN BLOCK J 6 , UNIT 1,
SECTION A, CHlIUTAUQUA liON THE LAKE" AS RECOnDED IN PLAT BOOK 9,
PAGE 52 OF TIlE PUBLIC RECORDS OF PINELIJ\.S COUH'l'Y, FLORIDA.
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PREPARED BY':
KING ENGINEERING ASSOCIATES, INC.
~~PLS T~I'" 51<ErCI-I =-:, UOT
CDWS"'T1TUTe. A. -::'URVE:y:
FLA. REG. NO. 3885
KING ENGINEERING ASSOCIATES. INC. 2145 U.s. 19 North
Clearwater, Florida )3575
Engineers . Planners . Surveyors (613) 791-1441
O-lAUTAUQUA "OU Tl-1E LA~C"
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KING ENGINEERING ASSOCIATES. INC.
Engineers . Planners . Surveyors
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COU':>TITUTE: A. 5UINE:Y.
21-15 U.s. 19 North
Clearwater. Flollda ))575
(613) 791.1441
LOC6.iIOU 'SILC-rc\--\
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EPARED BY:
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TilE EAST 25.00 FEE'l' OF LOTS 6: Aim 27,
BLOCK 3~, UNIT NO.3, SECTION A, CHJ\UTAUQUh liON THE LAKE" AS
RECORDED IN PLAT BOOK g, PAGE 146 OF TilE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA.
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SI<ETCI-l OtJL'(-tJOT to. SURVeY
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EngineerIng Associates,
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Clu.......llbr, norld. :14023
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EXHIBIT "E"
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FLORID
LAWTON cHllt',S
t,oVDU'(Ot\
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, -
1RAriSPORT~:r:!~sN
~~DEPARTMENT OF
.~ Distr iet Seven
, MS 7-1200 - Access Management
11201 N_ M~Kihley Drive
Tampa, P'L 33612
(813) 935-6070
sr.C:RJ:T~T
August 27, 1992
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CERTH'[ ;lJ MAI~:
P-007-371-S76
wi llia
Directo
city of
P.O_ Bo
Clearwa
YOU ARE
Re
C. Baker
of P,J"blic Works
Cleadmter
47481
er, FL 34618-4748
I
NOTicE OP INTBNT TO PERMIT
seotion No. 15150-000
sta e Road : 55 (U.s. 19)
Mil Post : 21.280 Rt.
0.0 Log No.: 6902
per it No. 15-799-92-032 P
Pro ect Name: 3rd Avenue S.
Cat gory : III
HEREBJ ADVISED:
.--------
I
ida Dtpartment of Transportation has completed its review
above referenced connection permit application pending
s and'receipt, received 8/5/92 for consistency with Rule
l4-9~ and 14-97 F.A~C.. and hereby issues t~is "Notice of
o per~itlt, subject to the attached conditions and special
ns. This notice of intent to issue a permit wl11be valid
(1) y~a:rt providing that surrounding conditIons have not
signi~icantly.
i
This n tice 9f intent to issue a permit does not constitute
Departm nt p!,rmit issuance, nor authorize the connection
constru tion :with Department right-or-way, but acknowledges
Departm nt cdncurrence of proposed connection subsequent to
issuanc of final development approval by the local governmental
entity aving :jurisdiction over the development. ,
I
i '
rtment shall issue the formal connection permit aftcr
nd con~urrence that the connection complies with the intent
t cond~tions and special provisions; that the applicant has
deve~opment approval from the appropriate local govern-
entit~i has complied with all transportation impact
on cortditions specified by said local government entity;
ed the: performance bond pursuant to RUle 14-96.006 F.A.C.;
I
I
i
i
i
The Flo
of the
revisio
Chapter
Intent
provisi
for one
changed
The De
review
to 'perm
receive
mental
rnitigat
has pos
GOd LLO
EXHIBIT B
~:'~" I d33N I 8N3 ~X" I )I
b- c-' 1- "
''''.::J c.
288 Ct8
95:(>l
0;0-0 l-,::55l
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Notice
August
pa.ge
i
of Intent
I
27, 19i92
o
to Permit
Failur
.specia
initia
the
I
that t e appiicant has been issued a Drainage Permit pursuant to
I
Rule C apt"r, 14-86 F.A.C.; and it dual permitting
connec ion permit has been issued from the local
I
author ty pursuant to Rule Chapter 14-96.013 F.A.C.
I
I. , ,..
by the app11cant 1:0 ablde by the permlt condltlons and
provisions shall be sUfficient,cause for the Department to
,I ,
e actlon to revoke sa1d permit and close the connection at
I
ense o'f the perm i t tee.
, i
The ap 1cant,must request the formal connection permit in ~riting,
allowi 9 thirty (30) days for the Department's rCV1CW and
concUr ence t~at said connection complies with the intent to pel-mit
condit'ons an~ special provisions thereof, A shorter time limit
will 0 ly be considered with proper justification and must be
agreed upon by the District Permits Engineer.
I
is used, C1
permitting
By:
RJB:bd
B. A. Be~nettl P.E.
R. J. Ba er, P.E.
M, F. Ja kson
J. s. Op er
P. J. Lately
R ding file
Attachm nts: "A"
cc:
Conditions and provisions
SOd LlO
8Nld33NI8N3 8NI~ 5SSS G88 SI8
LS:vl GO-OI-G55l
,- :,~
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ATTACHMENT "A"
i
I
Condit ons aid provisions Permit No, 15-799-92-032 P
i
The pr perty ~wner or authorized representative, here~rtBr called
the Ap licant~ by providing signature on the connection application
and pe mit dpcument binds and obligates to abide by the access
connec ion p~ovision stated herein.
B ecia cond,lions: '
.1.
Genera
1.
a
2 .
c
b
d
g
h
3. T
c
a
S
D
rOd L10
E gineei of Record is to provide justification for variance of
t e foll:owing Florida Department 'of Transportation criteria:
,
A
Th~ee hundred twenty-five feet (325') right turn
dec'eleration lane required per Roadw1l.V and Traff ie Design
,
standards, Index NO. 301.
~. .
six hundred sixty feet (660') minimum connection
sep~ration per Florida Administration Code, Rule Chapter
14-197.003.
j
,
B
j
provisio s:
e app~icant, heirs, assigns and successors in interest,
nds an!1 obligates to save and hold the State of Florida, the
partme~t, it agents and employees harmless from any and all
mages,' claims, expense, or injuries arising out of any act,
glect 'or omission by the applicant, heirs, assigns "and
ccesso~s in interest that may occur by reason of this access
nnectipn design, construction of access connection,
intenarce ,or continuing existence of the access connection
,?ili ty;, ex~ept that the appl1can~ shall not be 1iab~e, un<;1er
1S pr~vis1on for damages, cla1ms, expense or 1nJur1es
ising trom the sole negligence of the Department, its agents
d emplryees.
e applicant agrees and obligates to perform at own expense
e relofation, closing, or alteration of the approved access
nnectipn(s) should noncompliance with provisions herewith in
deter~ined at some future date, or should the Department
termine that traffic patterns, points of connection, roadway
ometri~s or traffic control devices ,are causing safety
zard at the approved acCess connection(s).
I '
e applicant shall not commence use of the approved
nectipn(s) prior to a final inspection and certification by
egistered PrOfessional Engineer (contracted by applicant) .
id certification shall be reviewed and concurred with by the
artmeht.
I
Page 1 of 3
~NldJJNI8NJ ~NI~ 5CSC 288 CI8
8S:vI 20-01-2551
.- ~.
5.
6.
7.
8 .
9.
S I,)d l I f)
I
I
ATTACHMENT "A"
(continued)
Permit No. 15-799-92-032 P
4 .
T e applicant shall notiey, in w~iting, all" known involved
r ght-o[-way users (utility) in the Depurtmcnt'D right-of-way
a the Ilocation of the proposed access connection in ac-
c rdanc~ with the Department's "Utility Accommodation Guide"
7 0-020~OOl-b. Applicant shall be rcnponsible for coordi-
n ting ~ll adjustments and resolving any conflicts regarding
U ilities. Applicant shall also be solely responsible for any
d mages ~nd/or cost caused by inteFference with or damages to
e istinq permitted utilities.
I
I
A opy of the approved permit must be diaplayed in a prominent
1 catio~ in the immediate vicinity of the access connectiun
c nstruc,tion, Failure to display the approved .permit may
r suIt in a stop-work order issued by the Department.
I
T e appl~cant must notify the Department of Transportation
D'stric~ Maintenance Office 24 hours in advance of starting
p oposed; work.
,
Call:
Phone Number:
Paul J. Lavely
(813) 935-6070
i
Tl e app~icant agrees to complete the construction of the
proved accesS connection within 90 days af'ter start of
nstruc~ion. Failure to comply with this provision ..may
suIt in a stop-work order issued by the Department until a
ified permit is reissued.
I
e applicant agrees." that access connection(s) will bc
structed and maintained in accordance with the approved
ns aryd th is Attachment "11" (Cond it ions and Prov i IS ions
mit NP. 15-799-92-032 P and will require adherence to tho
eral Highway Administration "Manual on Uniform Traffic
trol ~evices" (MUTCD), F.D.O.T. "Roadway and Traffic Design
ndard~" and F.D.O.T. "Standard Specifications for Road and
idge C~nstruction, 1991."
i.
T app1~cant shall provide a detailed set of construction
p ns, tp a scale of 1" - 2011 or 111 = 40", signed and eealed
b a Professional Engineer registered with ,the state of
Fl rida.' The detailed plans shall preaent the proposed
c nectibn and approach improvements including the prOfiles,
W th, r'adi i, angles to State Highway, auxiliary pavement,
e 'sting and proposed traffic control devices, existing and
pr posed drainage devices and easements or other drains
i ludinv pipe size, type, existing and proposed grading,
I
paqe 2 ot 3
8Nld33NJ8N3 8NI~ 6SSS 288 SI8
8S:bl 20-01-2561
ATTACHMENT "A" (cont:inUec3)
I -
permit No, 15-799-92-032 P
i
I
ntDuri!ng that affects the natun~l dr.ainage'pattern or run-
f impacting the state Highway and the proposed connection,
ainage' calculations and other data in accordance with Rule
apter : 14-86 F.A.C.; the driveway, auxiliary lane and
c Dssover pavement design, including sub-grade, baee,
s ructurbl course, friction course; maintenance of traffic
pan, s+gnal detail plans, signing and pavement lllarkings,
m teriaL specifications, construction standards, and
i spectibn/testings requirements' in accordance with Rule
C apter '14-96.0008-5 and shall submit inspection reports and
f'nal as~built plans to the Department.
I
!
~.
10.
11.
12.
13.
gOd LIO
I
,)
-
rmit -ihall' be valid for one (1) calendar 'year and ehall
ovide 'the F.D.O,T. an estimate of all construction phase
tivities prepared by a Professional Engineer registered with
e Statb of Florida and concurred by the Department. This
s id Dep~rtment approval shall be a binding provision of the
mit. I
1 icanl is responsible for meeting
ainagk Permit) by either a permit or
m th~ District Drainage Engineer
resenfative.
lican~ Shall provide all related legal documents,
ess 'easements I j oint-use access connections,
ernmept related approval, etc.
A MEp,~AN OPENING IS ,INVOLVED WITH YOUR PROPERTY'S ACCESS,
N THE FOLLOWING STATEMENT IS APPLICABLE;
I
rece~pt of this document,applicant o~ authorized
~esenlative agree and understand that alteration or closure
any ~dian opening done in association with this or any
ineer~ng permit as mitigation for vehicular impacts or any
se a:;Jsociated with said parcel and access thereof, or
erwis~, shall not constitute Qr solidify any entitlement or
ht of] access or means of access, but merely 'serve as
porart measure or response to traffic demands at the median
ning. . The Department retains the right and nothing in this
umentshall forfeit said right, to alter, modify or close
median opening, associated or not directly associated with
proj~ct, within the state right~of-way.
I
I
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"Rule Chapter 14-86
a letter of exception
or their designated
i4 e. I
local
I
T
B
page 3 of 3
8Nld33NI8N3 8NI~ EESE G88 E18
ES:bl GO-OI-GEEl