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LETTER OF UNDERSTAND AND MEMOS RE LUCHOS INC. TO: FROM: COPI ES: SUBJECT: DATE: -I CITY tF CLEARWAT'ER Interdepartment Correspondence Sheet Assistant City Manager Elizabeth S. Haeseker, Sue Lamkin, Assistant City Clerk Insurance Certifioate & Letter ot Understanding w/Luoho's April 21, 1983 We are enclosing herewith two copies each of the following insurance oertifioates: ,)ier Pavillion of Clearwater We are also enClosing two oopies of the following dooument: J. Letter ot Understanding with Luoho's, Inc. One copy is for your files and the other is for departmental statf tollow-up. laa Encl. ~ I I CITY OF CLEARWATER Interdepartment Correspondence Sheet TO: FROM: COPIES: Lucille Williams, City Clerk ~. Sheel er, Grants Development 83 Cuban Sandwich Restaurant Specialist SUBJECT: Agreeme nt wi th Luc ho I sIn c. DATE: April 15, 1983 Attached is the official City copy of the Letter of Understanding between Lucho's Inc. of 519 Cleveland Street and the City of Clearwater, which provides for the use of certain public right-of-way as an outdoor cafe and for donations to the City. This Letter of Understanding was passed by the City Commission at its regular meeting of March 17, 1983 (Agenda Item 21 g), signed by City Manager Anthony L. Shoemaker on March 18, 1983, and signed by Ralph S. Paonessa for Lucho's Inc. on March 18, 1983. Agreements in the Letter are effective until cancelled by either pa rty . JDS/js Attachment RECE\VEO APR 18 DSS C\TY CLERK, I I "-' .. # Letter of Understanding Subject: 500 Block Cleveland Street Park Date: Clearwater, Florida Lucho's Inc. 519 Cleveland Street Clearwater, Florida 33515 City of Clearwater P.O. Box 4748 Clearwater, Florida 33518 The above parties agree to the following understanding regarding the use of the public alleyway on the south side of the 500 Block Cleveland Street as a throughway and as space for cafe tables. Lucho's Inc. does hereby agree to: 1. Pay for the surfacing material to resurface the open space, such portion of said cost not to exceed $1,200. 2. Initiate action and resolve any problems with Florida Power Corporation that may occur with the resurfacing of the area, in regard to the power ~ault at the south end of the area. 3. Obtain approval from the City for furniture and materials to be placed in the open space. 4. Keep open space clean on a daily, or if needed, more frequent basis. 5. Participate as a park system booster by annually contributing to the City Parks and Recreation Department an amount equal to 100 hours of Haintenance \~orker I, or equivalent pos it ion , base salary. For 1982-83 this amount is $485. This contribution will be used for the enhancement of downtown parks. 6. Obtain and maintain a minimum of $300,000 liability coverage naming the City of Clearwater as an additional insured, that will provide insurance coverage for any occurrence in the open space having contributory relationship with the business activities of Lucho's Inc. 7. Acknowledge that the area continues to be a public open space with frequent public traffic. 8. Acknowledge that this Letter of Understanding and agreement may be terminated at will by the City and the area will be restored to the previous general right-of-way condition by Lucho'& Inc. within 24 hours. If such restoration is not accommplished within 24 hours, the City may restore the area and charge the expense of such restoration to Lucho 's Inc. City of Clearwater does hereby agree to: 1. Resurface the open space area with concrete, or with another mutually agreeable surface, except for the Florida Power vault area near the south end of the open space and to incur such expense in connection therewith in excess of $1,200. 2. The City will return the pro rata share (360 days/year basis) of the up to $1,200 cost of resurfacing the open space contributed by Lucho's Inc., if this Letter of Understanding and agreement is terminated by the City within 12 months of the date of this agreement. 3. Assist Lucho's Inc. in coordination on the power vault initiated by Lucho's Inc. with Florida Power Corporation. C C', I. fA "'., .r" ,. -r '...... __'t,A... '-'1...~_ [, ,J..x.Ao:iJ~r:) ij f /;1' I '/f) ,', t. / "'/'1 -: '<' I I Permit the placement of furniture and material approved by the City in the alleyway, consistent with continued public use of the open space and right-of-way. Use park system booster contributions for enhancement of park resources in the downtown area. Continue to assure general public access and use of the alleyway and and free, open ingress and egress throughout the open area. Acknowledge that such furniture and materials as may be approved by the City and placed in the open space by Lucho's Inc. remain the property of Lucho's Inc. Acknowledge that this Letter of Understanding and agreement may be terminated at will by Lucho's Inc. and the area will be restored to the previous general right-of-way condition by Lucho's Inc. within 24 hours. If such restoration is not accomplished within 24 hours, the City may restore the area and charge the expense of such restoration to Lucho 's Inc. :::tJ. " ....... .,- - -.-',-, - - J/;?/n '3.1' .p3 "--", :...-'... -:'~ .:: ~..> -.- ........... <..