ALCOHOLIC BEVERAGES APPLICATION
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-JOH :ISON, BLAKELY a POPE, P. tI...
ATTORNEYS AND COUNSELLORS AT LAW
20 NORTH FORT HARRISON AVENUE
POST OFFICE BOX 1368
CLEARWATER, FLORIDA 33517
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TIMOTHY A. JOHNSON, .JR.
March 4, 1976
TELEPHONE
AREA CODE 613
441- 2440
.JOHN T. BLAKELY
JOSEPH R. PARK
City Commission
City Hall
Clearwater, Florida
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HAND DELIVERY
F. WALLACE POPE,JR.
Re: Application for Zoning to permit restaurant to ?ell all alcoholic
beverages - Joseph "Pepe" Rodriguez
Ladies and Gentlemen:
The purpose of this letter is to give further assurances to the
commission with regard to the parking facilities of the proposed Tio Pepe
Restaurant at 2930 Guld-to-Bay Blvd., Clearwater, Florida.
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We have heretofore provided the Commission with an executed copy
of a Sub-Lease Agreement dated February 19, 1976, between Al Rogero &
Associates, Inc., and Joseph Rodriguez. Under this sub-lease agreement, the
parking property has been leased to Mr. Rodriguez for a term which extends
to August 31, 2028 A.D.
In addition to the sub-lease agreement, the parties have entered
into an Addendum to Sub-Lease Agreement, which provides in pertinent part:
"1. In the event LESSEE becomes the fee simple owner of .
the property described in Exhibits A and B to the Sub-Lease
Agreement, LESSEE shall within one year of becoming the fee
simple Ow~er of such property afford SUB-LESSEE an opportunity
to purchase such property for a price and upon terms and
conditions to be agreed upon by the parties. In the event
SUB-LESSEE does not purchase said property in accordance with
the foregoing, then SUB-LESSEE shall have a right of first refusal
to purchase said property on the same terms and conditions
and for the same price as is offered to LESSEE by any bona fide
third party purchaser."
Although Mr. Rogero does not know ~hen he will become the owner of
the property, he is reasonably certain that he will become the owner, and
he will then offer to sell the park~ng property to Mr. Rodriguez.
Additionally, and in order to show the complete good faith of
Mr. Rodriguez and the confidence that he places in the durability of the
Sub-Lease Agreement and Addendum to Sub-Lease Agreement, I have been authorized
to make the following representations to the Commission, with the full intent
that Mr. Rodriguez and any corporation which he might form to operate the
Restaurant will be bound thereby:
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.JOHNSON, BLAKELY & Pc_ PE
ATTORNEYS AND COUNSELLORS AT LAW
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Page 2
Re: Application for Zoning - Joseph "Pepe" Rodriguez
1. That in the event Mr., Rodriguez or his corporation for any reason
loses possession or control of the parking facilities necessary for the
operation of the restaurant, he or his corporation will immediately, in con-
formity with all laws and ordinances existing at that time, furnish adequate
substitute off-street parking.
2. If he does not immediately furnish such substitute parking,
you may revoke his certificate of occupancy.
In my opinion, that is a fairly strong guarantee that permanent
parking is available for this restaurant and will be available for this
restaurant. As a practical matter, the restaurant could not function without
the parking and if he lost.theparking he-would have to close the restaurant
even if you did. not revoke the certificate of occupancy. Finally, it is'
unlikely that Mr. Rodriguez would invest the larger sum contemplated if he
were not personally convinced of the adequacy and permanence of the parking
arrangements.
For all of these reasons, I urge the Commission to vote favorably
on the amendment to the ordinance in question.
Very
FWP/ja