OPTION TO RENEW LETTER FROM ROBERT L SHEAR
LAW OFF1~E OF ROBERT L. S.LIEAR, P.A.
Robert L. Shear
Attorney-at-Law
lawshear@aol.com
Judy Murray
Certified Legal Assistant
law. shear@verizon.net
December 7, 2004
City of Clearwater
Attn: Pam Akin, City Attorney
P.O. Box 9478
Clearwater, FL 33758
REC;EIVE1J
DEe 0 9 2004
':I'TV .ATTORr\1
Re: Pickles Plus Lease
Dear Ms. Akin
As you are aware, a meeting was held at your offices on November 29,2004,
wherein Laura Lipowski, Kevin Dunbar, and Mark Goheen were in attendance with Joe
Benedetini, Sr., and Joe Benedetini, Jr., and myself. The discussion was directed at
certain concessions and benefits that could possibly flow to Pickles as it moves into its
first option period of its lease executed in 1995, and amended thereafter.
The meeting was cordial and the opportunities were beneficial to my client.
During the meeting, however, Laura made us aware that a "new" lease must contain
provisions relative to the City (per its Charter) having the legal authority to terminate the
lease in the event that the Harborview Center location were to be utilized for municipal
purposes. Further, such new lease or changes to the original lease would require
commission approval. If I am in error as to my understanding I would be honored to be
corrected.
In accordance with the explanation made by Laura, it was decided that the risk of
a termination of the lease far outweighed any benefits to be derived by further
concessions. Without any uncomfortable feelings we made a business decision to simply
exercise the option (as had previously been done by prior communications) and move
forward under the terms and conditions of the original lease. Therefore, it is our position
to remain status quo. Please accept this letter as a reaffirmation of our decision to
exercise the option to renew.
At the end of the meeting Laura indicated that she would confer with you relative
to the possibility of our obtaining some concessions without disrupting our leasehold
position. We, of course, would welcome any accommodation and, conversely, Pickles
will continue to represent itself as a fine local restaurant.
Two Prestige Place, 2650 McCormick Drive, Suite 130, Clearwater Florida 33759, Phone: (727) 712-1228, Fax: (727) 712-8811
Please send me a new payment schedule effective the first day of the first option
period beginning February 1,2005, to include base rent, CAM, and taxes as per the lease
agreement as this will put us all on the same page.
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Very trulyyburs,
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tROberi~ S ear, Esq.
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