MEMO REGARDING SUBLEASE TO PGA ASSOCIATES LIMITED
a LAW OFFICES J
ANNIS, MITCHELL, COCKEY, EDWARDS & ROEHN
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..JOHN ..J. AGLIANO
MICHAEL D. ANNIS
D. SIGRID CASEV
PRESTON O.COCKEV,..JR.
..J EFFREV M. DEAN
..JOSEPH D. EDWARDS
NICHOLAS ..J. H ENN ESSV
GEORGE M. ..JIROTKA
STEPHEN ..J. MITCHELL
..JOHN H. RAINS, III
FRED S. RIDLEV
THOMAS ..J. ROEH N
STEVEN M. SAMAHA
OLIN G. SHIVERS
R. DENNIS TWEED
M. A. Galbraith, Jr.,
City of Clearwater
Post Office Box 4748
Clearwater, Florida
PROFESSIONAL ASSOCIATION
SUITE 2100
ONE TAMPA CITV CENTER BUILDING
POST OFF"ICE BOX 3433
TAMPA, FLORIDA 33601
TELEPHONE
(SI3) 229-3321
January 27, 1986
TELEX-44lsse
Esquire
33518-4748
RE: Chi Chi Rodriguez Youth Foundation, Inc. Sublease
to PGA Tour Associates, Ltd.
Dear AI:
Thank you for your letter of January 13, 1986, regarding the
above-referenced matter. The main purpose of my question was to
make sure the City of Clearwater was, in fact, commiting to enter
into a new lease with PGA Tour Associates-I, Ltd. in the event
its lease with the Chi Chi Rodriguez Youth Foundation terminated.
Although I believe that the main term of the lease that would be
subject to ~enegotiation would be the amount of rent, there would
be other terms in the lease which would need to be renegotiated
by the City and PGA Tour Associates.
By copy of this letter, I am requesting Bill Hayes to
forward to me two originals of the sublease in order that I may
have one for my file and send the other original to the PGA Tour.
Thank you very much for your assistance.
Kindest regards,
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ed S. Ridley I
FSR/gem
cc: Mr. William Hayes
Mr. Anthony L. Shoemaker
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CLEARWATER
Office of
City Attorney
POST OFFICE BOX 4748
C LEA R W ATE R, F LOR I D A 33518 ~ 4748
January 13, 1986
Fred S. Ridley, Esq.
Annis, Mitchell, Cockey,
Edwards & Roehn
P. O. Box 3433
Tampa, Florida 33601
Re: Chi Chi Rodriguez Yo~th Foundation, Inc:;
Sublease to PGA Tour As.sociates-I, Ltd.
Dear Fred:
Thank you for the incumbency certificate relating to
PGA Tour Family Golf Centers, Inc.
In the consent and agreement to lease form, "shall" was changed
to "may" because of the provision in paragraph 25 of the. City's
lease to the effect that "the terms of this agreement may be re-
negotiated with sublessee" in the event that the lease to the
Chi Chi Rodriguez Youth Foundation, Inc., is terminated because
of default by the Foundation.
The second sentence of the consent and agreement to lease form
said, in essence, that only the rent amount would be open for re-
negotiation, and that all of the other terms, covenants and conditions
would remain unchanged. That, in my opinion, was too limited.
Paragraph 25 of the lease contemplates that any of the terms may
be renegotiated.
In other words, the purpose of the change was not to emphasize
the possibility that the City and the sublessee might not be able
to renegotiate the lease, but to leave all of the terms of the lease
open for renegotiation at that time.
According to my secretary, Bill Hayes has picked up all three
of the originals of the sublease.
If I may be of any further assistance to you, please let me
know.
MAG:br
cc: Anthony L. Shoemaker
Sincerely,
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M. A. Galbra1th, Jr.
City Attorney
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ANNIS,
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MITCHELL, CC>.CKEY, EDWARDS
LAW OH'ICES
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& ROEH N
PROF"ESSIONAL ASSOCIATION
JOH N J. AGLIANO
MICHAEL D. ANNIS
D. SIGRID CASEY
PRESTON O. COCKEY, JR.
JEFFREY M. DEAN
JOSEPH D. EDWARDS
NICHOLAS J. HENNESSY
GEORGE M. JIROTKA
STEPHEN J. MITCHELL
JOHN H. RAINS, III
FRED S. RIDLEY
THOMAS J. ROEHN
STEVEN M.SAMAHA
OLIN G. SHIVERS
R. DENNIS TWEED
SUITE 2100
ONE TAMPA CITY CENTER BUILDING
POST OFFICE BOX 3433
TAMPA, FLORIDA 33601
TELEPHONE
(813) 229-332/
TELEX-44IS88
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January 8, 1986
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M. A. Galbraith, Jr., Esquire
City Attorney
City of Clearwater
Post Office Box 4748
Clearwater, Florida 33518-4848
RE: Chi Chi Rodriguez Youth Foundation, Inc./Sublease
to PGA Tour Associates-I, Ltd.
Dear AI:
Please find enclosed original incumbency certificate
executed by Edward L. Moorhouse, as Senior Vice President, and
Gary M. Crist, Secretary of PGA Tour Family Golf Centers, Inc.
If this certificate meets with your approval, I would appreciate
your forwarding to me two original execution copies of the
sublease between Chi Chi Rodriguez Youth Foundation, Inc. and PGA
Tour Associate-I, Ltd.
Apart from the above, I have received the consent and
agreement to lease which has been signed on behalf of the City of
Clearwater. You had changed, in two places on the consent, the
word "shall" to "may" with regard to the City's undertaking to
enter into a new lease with PGA Tour Associates-I, Ltd. in the
event the main lease between the City and the Chi Chi Rodriguez
Youth Foundation is terminated. It is my understanding that the
City has affirmatively agreed to enter into such a lease with PGA
Tour Associates, with the only proviso being that each party
would have the right to renegotiate the amount of rental payable
under the new lease. As I read the consent as it has it has been
revised, the City does not have an obligation to enter into such
a lease. Maybe I am misinterpreting the intent of the document
as revised, and I would appreciate your letting me know your
thoughts regarding the City's intent in the event the lease with
the Rodriguez Foundation terminates.
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'M." A. Galbraith, Jr.IESqUire
January 8, 1986
Page 2
I
Thanks Al and I look forward to hearing from you.
With best regards,
FSR/gem
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Very truly !/;uts '."
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