Miscellaneous

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
Division of Motor Vehicles
Germain of Sarasota, LLC d/b/a Germain Toyota of Sarasota d/b/a Germain Scion of Sarasota

                                                           Notice of Publication for the Relocation of a

                                                    Franchise Motor Vehicle Dealer in a County of More

                                                                              than 300,000 Population

Pursuant to requirements of Section 320.642, Florida Statutes, notice is hereby given that Southeast Toyota Distributors, LLC (“SET”) intends to permit the relocation of Germain of Sarasota, LLC d/b/a/ Germain Toyota of Sarasota and d/b/a Germain Scion of Sarasota (“Germain Toyota”) from its current location of 7435 South Tamiami Trail, Sarasota, Sarasota County, Florida 34231 to a proposed location on the south side of Clark Road 4,000 feet west of the intersection of Clark Road and Interstate-75 in Sarasota in Sarasota County, Florida.

This location is more particularly described as a tract of land in Section 14, Township 37 South, Range 18 east, Sarasota County, Florida, described as follows: begin at the northwest corner of premises described in Official Records Instrument No. 2001117143 of the public records of Sarasota County, Florida, (the following four calls are along the westerly line of said premises and the easterly line of a 73 foot wide permanent easement described in official records instrument no. 2000060186 of said public records): thence South 00 degrees 34 minutes 15 seconds west, a distance of 297.21 feet to the point of a curve (PC) of a curve to the right having a radius of 1190.73 feet and a central angle of 02 degrees 56 minutes 43 seconds; thence southwesterly along the arc a distance of 61.21 feet to the point of reverse curve (PRC) of a curve to the left having a radius of 1122.73 feet and a central angle of 03 degrees 30 minutes 59 seconds; thence southwesterly among the arc, a distance of 68.90 feet; thence South. 00 degrees 00 minutes 00 seconds east, a distance of 82.25 feet, thence North 84 degrees 08 minutes 13 seconds west, a distance of 33.61 feet; thence South 00 degrees 24 minutes 03 seconds East, a distance of 54.53 feet, thence South. 83 degrees 50 minutes 13 seconds West, a distance of 240.94 feet, thence South 57 degrees 11 minutes 16 seconds West, a distances of 558.39 feet to the northerly line of premises described as parcel 123 “C” Official Records Book 2581 at page 2366 of said Public Records (the following four calls are along said northern line and the northerly and easterly lines of Palmer Park of Commerce, recorded in Plat Book 35, page 32 of said public records); thence North 66 degrees 57 minutes 45 seconds West, a distances of 1133.02 feet, thence North 17 degrees 37 minutes 11 seconds West, a distance of 145.00 feet, thence North 66 degrees 57 minutes 45 seconds West, a distance of 126.48 feet, thence North. 00 degrees 13 minutes 09 seconds East, a distance of 273.23 feet to the southerly line of the premises described as parcel 123 “A” in Official Records Book 2581 at Page 2366 of said Public Records (the following two calls are along said southerly line); thence North 87 degrees 29 minutes 51 seconds East, a distance of 77.21 feet; thence South 89 degrees 25 minutes 45 seconds East, a distance of 1874.02 feet to the point of beginning.

The dealership is authorized to sell and service Toyota vehicles. It is the position of SET that the Scion models of Toyota vehicles do not constitute a separate line-make. However, to the extent that Scion may be deemed to a separate line-make, this notice also pertains to the sales and service of Scion vehicles.

       The name and address of the dealer operator of Germain Toyota is Robert L. Germain, Jr. is 7435 South Tamiami Trail, Sarasota, Florida 34231. The name and address of the principal investor of Germain Toyota is Germain Holding Company, 4250 Morse Crossing, Columbus, OH 43219. The addresses of the principal investors of Germain Holding Company are: Robert L. Germain, Jr., 13315 N. Tamiami Trail, Naples, FL 34110, and Stephen L. Germain, 4250 Morse Crossing, Columbus, OH 43219.

       Germain Toyota will open at its proposed location on or after February 1, 2008.

       The notice indicates intent to relocate the dealership to a location in a county of more than 300,000 population, according to the latest population estimates of the University of Florida, Bureau of Economic and Business Research.

       Certain dealerships of the same line-make may have standing, pursuant to Section 320.642, Florida Statutes, to file a petition or complaint protesting the application.

       Written petitions or complaints must be received by the Department of Highway Safety and Motor Vehicles within 30 days of the date of publication of this notice and must be submitted to: Nalini Vinayak, Dealer License Section, Department of Highway Safety and Motor Vehicles, Room A-312, Neil Kirkman Building, 2900 Apalachee Parkway, Tallahassee, Florida 32399-0635.

       A copy of such petition or complaint must also be sent by mail to: Lori Engwiller, Senior Market Representation Coordinator, Southeast Toyota Distributors, LLC , 100 Jim Moran Boulevard, SETDF 119, Deerfield Beach, FL 33442.

       If no petition or complaints are received within 30 days of the date of publication, a final order will be issued by the Department of Highway Safety and Motor Vehicles approving the relocation of the dealership, subject to the applicant’s compliance with the provisions of Chapter 320, Florida Statutes.