DIMMITT CAR LEASING INC
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MACFARLANE,FERGUSON, ALLISON &. KELLY
ATTORNEYS AND COUNSELORS AT LA""
200 NORTH GARDEN AVENUE
P. O. DRAWER 2197
CLEARWATER, FLORIDA 34617
(813) 441-1763
FAX (813) 441-9959
215 MADISON STREET
AND
2400 FIRST FLORIDA TOWER
P. O. BOX 1531
TAMPA,FLORIDA 33601
(813) 223-2411
FAX (813) 223-7926
FAX (813) 224-9060
804 FIRST FLORIDA BANK BUILDING
P. O. BOX 82
TALLAHASSEE, FLORIDA 32302
(904) 224-1215
FAX (904) 222-8826
1 N REPLY REFER TO:
D. Scott Douglas
Clearwater
December 7, 1990
Michael Wright,
Assistant City Manager
Community Services
P.o. Box 4748
Clearwater, FL 34618-4748
Dear Mr. Wright:
Enclosed herewith please find three copies of the Contract for
Exchange of Property between Dimmitt Car Leasing, Inc. and the City
of Clearwater. I increased the price of the City property by
$9,271.33. I have requested George Greer have his client initial
the change in price to reflect a purchase price of six dollars a
square foot for the "Mary Brown Property". I hope that you can
proceed with getting the required approvals before you receive a
copy of the amended Contract with Tagarelli Construction, Inc.
Please feel free to contact me if there is a question.
D. Scott
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Enclosure
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CONTRACT FOR EXCHANGE OF PROPERTY
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THIS CONTRACT is made and entered into as of the 31 day of
December, 1990, by and between the City of Clearwater, a Florida
municipality (referred to herein as the "CITY") and Dimmitt Car
Leasing, Inc. (referred to herein as the "COMPANY") for the purpose of
exchanging two parcels of real property located in Pinellas County,
Florida, as described herein.
The parties hereto agree as follows:
1. Exchange of Property.
(a) The COMPANY shall sell and the CITY shall buy the property
described in Exhibit A attached hereto (Herein, "Parcell"), upon the
terms and conditions set forth herein.
(b) The CITY shall sell and the COMPANY shall buy the property
described in Exhibit B attached hereto (herein, "Parcel 2), upon the
terms and conditions set forth herein.
2. Definitions.
In this Contract, "Seller" shall mean the COMPANY with respect to
Parcell and the CITY with respect to Parcel 2. "Purchaser" shall mean
the CITY with respect to Parcel 1 and the COMPANY with respect to
Parcel 2.
3. Purchase price.
It is mutually agreed that Parcell is valued at $254,350.92 and
Parcel 2 is valued at $223,555.83. The transfer of each parcel by one
party to the other, plus a payment of $30,795.09 by the CITY to the
COMPANY, shall constitute the full and sufficient consideration for the
transfer of the other parcel.
4. Closing date.
This transaction shall be closed and the deeds and other closing
papers delivered no later than fifteen (15) days after approval by the
Clearwater city commission and after vacation of the alley and road
right-of-way described in Paragraph 15 below, unless extended by other
provisions of this contract. However, in the event the City has not
approved this Contract and vacated the alley and road right-of-way by
December I, 1990, then COMPANY shall have the option to terminate this
contract.
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5. Title evidence.
Each party agrees to purchase, at its expense, a title insurance
policy from a Florida-licensed title insurer, and to deliver to the
other party, not less than ten (10) days prior to closing, a commitment
for title insurance in the amount of $254,350.92 for Parcel 1 and
$223,555.83 for Parcel 2, which commitment shall show a marketable,
unencumbered fee simple title to the parcel in the Seller thereof,
subject only to liens, encumbrances, exceptions or qualifications set
forth in this contract and those which shall be discharged by the
Seller at or before closing. The Purchaser shall have not less seven
(7) days after delivery of the title commitment for the examination
thereof, and within said period shall notify the Seller in writing of
any objections to the title.
If this notification is not given at
least three (3) days prior to closing, then said title shall be
conclusively deemed to be acceptable to the Purchaser. In the event
that the title of the Seller is not good and marketable, the Seller
shall have a reasonable time thereafter, but not more than one hundred
twenty (120) days from receipt of notice from the Purchaser, to make a
diligent effort to protect the title; and if the defects are not cured
within such time, the Purchaser may either cancel this contract or
waive the defects and accept the property without deduction on account
of said defects.
6. Survey.
Within the time allowed for delivery of the title insurance
commitments, each parcel shall be surveyed by a registered Florida
surveyor, and the costs thereof shall be borne by the CITY for Parcel
2 and by the COMPANY for Parcell.
If the surveys show any
encroachment on a parcel or that improvements intended to be located on
the parcel in fact encroach on the setback lines, easements, lands of
others, or violate any restrictions, contract covenants or applicable
governmental regulations, the same shall be treated as a title defect.
7. Costs.
The CITY agrees to pay for the documentary stamps to be placed on
each of the warranty deeds and the costs for recording the same for
Parcel 2.
The COMPANY agrees to pay for documentary stamps to be
placed on each of the warranty deeds and the costs for recording the
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same for Parcell.
8. Documents for closing.
with respect to each parcel, the Seller thereof shall furnish the
deed, mechanic's lien affidavit and any corrective instruments that may
be required in connection with perfecting the title thereto.
9. Conveyance.
As to each parcel, the Seller thereof shall convey title to the
parcel by a statutory warranty deed, subject only to zoning,
restrictions, prohibitions and other requirements imposed by
governmental authority, and public utility easements of record;
provided, however, that there exists at closing no violation of the
foregoing.
10. Contract not recordable; persons bound; notice.
Neither this contract nor any notice thereof shall be recorded in
any public records. This contract shall bind and inure to the benefit
of the parties hereto and their successors in interest. Notice given
by or to the attorney for any party shall be as effective as if given
by or to said party.
11. Occupancy.
As to each parcel, the Seller thereof represents to the other that
there are no parties in occupancy other than the Seller, and that the
Seller agrees to delivery occupancy of the parcel at the time of
closing.
12. Nonassignability.
Neither party may assign this contract or any rights hereunder.
13. No brokers.
Each party affirmatively represents to the other party that no
brokers have been involved in this transaction and that no broker is
entitled to payment of a real estate commission because of this
transaction.
14. Other agreements.
No prior or present agreements or representations shall be
binding upon ei ther party unless included in this contract. No
modification or change in this contract shall be valid or binding
upon the parties unless in writing and executed by the party or
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parties to be bound thereby.
15. Vacation of Alley and Road Right of Way.
Prior to the closing of this agreement, the CITY agrees to vacate
the sixteen (16) foot alley shown on Exhibit "c" and Indiana Avenue
West shown on Exhibit "C".
16. Reservation of Easement.
The CITY reserves a utility easement over the East 6 feet of
Parcel 2 and in consideration of the COMPANY consenting to the
reservation, the CITY agrees that upon the vacation of Indiana Avenue
West, the purchase price will remain as set forth in Paragraph 3 above
and the CITY agrees to convey the vacated portion of Indiana Avenue
West to the COMPANY.
CITY OF CLEARWATER, FLORIDA
By: oa;:;;rtJln:
city Manager
to form
Attest:
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Dimmitt Car Leasiflg ~ _
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Lots 4 and 5, Lot 6, less the east 15 feet; Lot 11, less
the east 15 feet; east 40 feet of Lot 12, Subject to
easement for alley over west 5 feet thereof; all in Block
7 of Magnolia Park Subdivision, according to map or plat
thereof, as recorded in Plat Book 3, Page 13, Public
Records of pinellas County, Florida.
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Exhibit lie"
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'Ihat FOrtion of the fourer Railroad right-of-way lying between Bl<?ck 3 of
W3.l1ace Adell tion to Clearwater, as recorded in Plat Book 3, Page 6, of the Publlc Records of
Hillsrorough COrmty, Florida, of which Pinellas Cormty was once a part, and larshall and
Brandon's subdivision of Block 7 of Wallace's subdivision as recorded in Plat Book 1, Page
27 of the Public Records of Pinellas COrmty, Florida.
Being irore particularly described as foll~s:, .
. "Fran a point on the Easterly oormdary of Section 16, Tcwnship 29 South, Range 15 East, sald
:p:lint l:::eing 1321.4 feet t'brth of the Southeast corner of said Section 16, I?roceed \~st ~ong
the approximate center-line of Druid Road a distance of 995.67 feet to an ll1ters~tion v.'1.th
the Westerly ooun.c1.cLryof said 60 foot right-of-way; thence N 04041' 03"E along sald v.1esterly
right-"Of""\Yay a distance of 405.23 feet to the intersec-tion with the Northerly right-of-way
of pine Street, as sha.vn on the plat of ~vallace's Addition to Clearwater, as a POINT OF BEGI~ING.
From said FOint, continue N 04041' 03"E along said \\1esterly right-of-way a distance of 400.15 ::eet
to the intersection with the Southerly right-of-way of 'IUrner Street; thence S 89011' 07"E along
said right-of-'Nay a distance of 60.14 feet; thence S 04041' 03"vJ along the Easterly roundary of
said right-of-way a distance of 400.23 feet to an intersection with the ~rther1y right-of--."ay
of said Pine Street; thence N 89006' 36"W along said right-of-way a distance of 60.13 feet to
the POINT OF BEGINNING.
COntaining 24,010.503 s~e fee~/0.55 acres M.O.L.
That portion of the fanner railroad right-of-way lying between Block 4
of Wallace Addition to Clearwater, as recorded in Plat Ecx:>k 03, Page 06, of the
Public Records of Hillsrorough County I Florida, of which Pinellas was once a part,
and Hrs N.E.McHullens Subdivision, as recorded in Plat Ecok 10, Page 25, of the
Public Records of Pinellas County, FLorida.
Being rrore particularly described as follo....s:
Fran a point on the Easterly roundary of Section 16, To<.-mship 29 South, Range 15
East, saiP point being 1321.4 feet North of the Southeast corner of said Section 16,
proceed West along the approxL~te centerline of Druid Road a distance of 995.67
feet to an intersection with the Southerly extension of the \^Jesterly roundary of
said 60 foot right-of-way; thence N 0404l103"E, along said Westerly right-of-way
extension, a distance of 194.63 feet to the POINT OF BEGINNING. From said point,
continue along said right-of-way N 0404l'03"E a distance of 159.64 feet; thence
S 89004124"E a distance of 60.13 feet; thence S 040'11"03"\<1 a distance of 159.54
feet; thence N 89010 '14"W a distance of 60.14 feet to t..~e POINT OF BEGINNING.
Containing 9575.091 scruare feet/0.22 acres M.O.L.
'!hat p:::>rtion' of the" forrer 'rai 1 road , right-of-way lying 'betw~B1ock 4 and
Block 8 of Wallace Addition to Clearwater, as recorded in Plat Book 03, Page 06, of the
.Public Records of HillsroroughCounty~ Florida, of which Pinellas was once 'a 'part.
Being rrore particularly described as follows: ' "
Frcrn a p:::>int on the 'Easterly roundary, of Section 16 , Tcwnship 29 South, Range 15 East,
said point being 1321.4 feet North oJ the Southeast corner of said Section 16, prc:x::eed
\\est along the approxi.m3.te > Centerline of Druid' Road a distance of 995.67 feet to an inter-
section with the Southerly extension of the Westerly roundary of said 60 foot right-of-way;
thence N 0404l'03"E along said Westerly :r:ight-of-way extension, a distance of 30.07 feet
to the POINT OF BEGINNING. From said g;int, continue along said right-of-way N 04041' 03"E,
a distance of 164.56 feet; thence S 89 10'11"E' a distance of 60.14 feet; thence S 04041'03"\<1,
a distance of 164.54 feet; thence N 89011' 29'~W a distance of 60.11 feet to', the POINT OF
BffiINNING. L~.r THG' Soc-'TH }O,O Fe-f:r
~ntaining 9-rf?~7:z=r square feetfG~-acres H.O.L.
9 27/.,32.;>s.;.." 2'
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