Miscellaneous
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Hartha "Tedel
July 17, 1975
Lower Keys Chamber of Commerce
U. S. Highway No. 1
Big Pine Key, Florida
Gentlemen:
Under the terms of your lease with the Board of
County Commissioners of Monroe County, Florida, you were
to pay $1.00 per year in advance for said lease. The
State Auditors are now auditing the books of the Board
of County Commissioners and discovered tha.t you have not
paid for the year 1975. It is hereby requested that you
ilmnediately forward a check in the amount of $1.00 to
cover this lease so that you will not be in default of
same.
Very truly yours,
PAUL E. SAWYER
Legal Advisor
PES/pa
~aIvh ~. ~hit~
CLERK OF THE CmCUIT COURT
16TH JUDICIAL CIRCillT
MONROE COUNTY
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
RECORDER
COLLECTOR OF DELINQUENT TAXES
COUNTY CLERK
COUNTY AUDITOR
M E M 0 RAN DUM
To: Michael Cates, County Attorney
From: Ralph W. White, Clerk
Subject: Letter and Proposed Lease from Lower Keys Chamber
of Commerce
Date: August 29, 1978
Enclos~d-p1;ease find letter and proposed Lease from the Lower
Keys Chamber of Commerce.
/'
,PI se r7'v~ and
( ,a.tf~~"{~ite
'cleii .
place on County Commission'Agenda.-
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Enclosure
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Lower YeNs Ch/,Tlnber of Commerce
HOllie () f tbe F.WIOI/S Key Deer
P.O. DRAWER 511
BIG PINE KEY, FLORIDA 33043
BUCKY
August 24, 1978
Ralph White, Clerk
Board of County Commissioners
Court House
Key West, ~lorida
Dear Mr. White I
The Board of Directors of the Lower Keys Chamber of Commerce,
spurred by current building activities on the Lower Keys, and by
the ever-increasing number of travelers seeking information at the
Chamber Building on Big Pine Key, has of late devoted much thought
and discussion to enlargement of our facilities there. A town
hall type of civic center, perhaps a library plus other accommoda-
tions for use of loval residents as well as the visitors - these
and more are envisioned for the future.
The lease granted us by the County in 1966 has two years and
four months to go. However. in view of circumstances. our Board
is in unanimous accord in requesting renewal as of 1978, and not
only for the plot now under lease but to include the County-owned
one hundred feet (100') adjacent on the west, or two hundred feet
(200') in all. Finally, we are desirous that the term be for
twenty-five (25) years, and at the same fee as for the present
lease. one dollar ($1.00) per year.
A lease on the above terms has been drafted and is herewith
submitted. We ask that the County execute it as soon as possible,
that we may put our long-range plans into operation. We confident-
ly predict, then, that the Civic Center on Big Pine Key will be
the pride of lVlonroeCountyl
Please let us know on what date this item may be expected to
occupy the Commission agenda.
BHW/mt
Yours most sincerely,
~ ...
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;y~ H. Weiss, President
LOWER KEYS CHAMBER OF CO~lliRCE
LEA S E
THIS INDENTURE, Made and entered into in duplicate, this
____day of , A. D. 1978, by and between the County of
Monroe, State of Florida, a political subdivision of the State
of Florida, hereinafter called the Lessor, which term shall in-
clude its legal representatives, successors and assigns where-
ever the context so requires or admits, of the first part, and
the Lower Keys Chamber of Commerce, Inc., a non-profit corpor-
ation organized and existing under the laws of the State of Florida,
having its principal place of business in Monroe County, hereinafter
called the Lessee, which term shall include its legal representat-
ives, successors and assigns wherever the context so reguires or
admits, of the second part,
WITNESSETH, that the Lessor by these presents leases unto
said Lessee the following described premises, situate, lying and
being in the County of Monroe and State of Florida, to-wit:
A tract of land in a part of Government Lot 1, Section 25,
T. 66 S.,R. 29 E., on Big Pine Key, Monroe County, Florida,
and being more particularly described by metes and bounds
as follows:
Commencing at a point, hereinafter known as the Point
of Beginning where the West Line of Section 25 and the
South Right-of-way line of U.S. Highway No.1, bear South
89 degrees and 52 minutes East along the South right-of-way
line of U.S. Highway No.1 for a distance of 200 feet, thence
bear South for a distance of 207.41 to a point; thence bear
West along the South Line of Government Lot 1 for a distance
of 200 feet to a point; thence bear North for a distance of
207.64 feet, back to the Point of Beginning. Being a part
of a tract of land described in Deed Book G-6, page 51, and
dated January 6, 1937.
TO HAVE AND TO HOLD the premises as aforesaid unto the said
Lessee for the day of , A. D. 1978, for a term
of 25 years then next ensuing, said lease being under the follow-
ing terms and conditions:
1. The Lessee shall yield
total rental of $15.00 for said
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payable as follows: I ,:~
$1.00 payable upon the execution
which sum shall cover the yearly
said lease, and $1.00 on the
1979, and $1.00 on the day of
every year during the remainder of the term
and pay unto the said Lessor the
term of 25 years, said sum to be
and delivery of this
rental for the first
day of
lease,
year of
, A.D.
of each and
of this lease.
2. It is further understood and agreed by and between the
Lessor and Lessee that the Lessee will:
a. Use said premises for the erection of a community center
building, to be erected by the Lessee and used by the
public for community purposes, and for a public park area.
b. Pay the rent herein reserved at the times and in the
manner as stated herein.
c. Make no improper, unlawful or offensive use of said
premises.
d. Pay any and all charges for gas, electricity, water, gar-
bage disposal and fuel, if any, and all installation
charges for same.
e. At its own expense, keep and maintain all plumbing and
pumps, if any there be, and maintain and keep the pre-
mises clean.
f. During the term of this lease, save and keep the Lessor
harmless against any and all liability resulting from
injuries to persons or property on or about the leased
premises by reason of its occupancy or use thereof, and
carry the necessary public liability insurance for said
purpose.
g. Permit the Lessor or its agent to enter upon the leased
premises at all reasonable times for the purpose of view-
ing and inspecting the condition thereof.
h. At the expiration of the term of this lease, without
demand, quietly and peaceably deliver up full possess-
ion of said premises in as good condition as they are now,
., damageror destruction by fire and the elements only ex-,
cepted.
J. The Lessor hereby covenants with the Lessee that upon the
performance by the Lessee of the covenants and agreements herein-
before set forth, the Lessor will permit the Lessee to quietly hold
and enjoy the demised premises without any interruptions by the
Lessor, or by any person or persons claiming by, through or under it.
4. It is mutually understood, covenanted and agreed by and
between the parties hereto that default on the part of the Lessee
for a period of 30 days in making any of the payments of rent herein
reserved from the date same shall severally become due and payable,
shall immediatedly and thereupon terminate any and all rights of the
Lessee under this lease.
5. In the event Lessee ceases to use the leased premises for
the purposes stated herein, this lease shall at that time become null
-2-
and void and of no force and effect, and the Lessor shall have the
right to re-enter and take full possession of said premises without
any Court action,
6. At the expiration of this lease, any building constructed
on the leased premises shall revert to the Lessor, free from any liens
or claims of any nature whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused these pres-
ents to be executed in their respective names, all as of the day and
year first above written.
Signed, Sealed and Delivered
in the Presence of:
COUNTY OF MONROE, STATE OF FLORIDA
By
Mayor of Monroe County and Chairman
of the Board of County Commissioners.
As to the Lessor.
(SEAL)
Attest;,
Clerk of the Circuit Court of Monroe
County, Florida, and ex officio Clerk
of the Board of County Commissioners
of Monroe County, Florida.
LOWER KEYS CHAMBER OF COMMERCE, INC.
~~d
BY~-<<<>4 /if 4 J.~
Presi,dent., .) ).
As to the Lessee.
A~
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Secretary.
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA
TEL. (.305) 74.3-90.36
.3.3050
CLERK OF THE CIRCUIT COURT
16TH JUDICIAL CIRCUIT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA .3.3040
TEL. (.305) 294-4641
BRANCH OFFICE
P,O, BOX 379
PLANTATION KEY, FLORIDA .3.3070
TEL. (.305) 852-925.3
RECORDER
COLLECTOR OF DELINQUENT TAXES
COUNTY CLERK
COUNTY AUDITOR
December 20, 1979
Lower Keys Chamber of Commerce
P. O. Drawer 511
Big pine Key, Florida 33043
Attention: Ms. Margaret Teskey
Dear Ms. Teskey:
Reference is made to your letter of December 19, 1979 and our
conversation of December 18, 1979 concerning a resolution
~ adopted by your Chamber of Commerce. Enclosed please find a
copy of the resolution.'
~it
If I can be of assistance ln the future, do not hesitate to
contact me.
Very truly yours,
Ralph W. White
Clerk of Circuit Court <
and ex officio Clerk
Board of County Commissioners
RWW/vp
cc: file
Enclosure
Lo\ver Ye(lfs C/HTHlber of Commerce
Homl: of tbt: LIlJJO/lS J..:t:) Deer
P,O, DRAWER 511
BIG PINE KEY, FLORIDA 33043
BUCKY
December 19, 1979
Mr. Ralph White, Clerk
Board of County Commissioners
Court House
Key West, Florid" :n040
Dear Mr. White,
Regarding our brief. conversation yesterelay, I wish to repeat
my request that we be furnished a duplicate copy of the resolution
passed by the Board of Directors, Lower Keys ChaJAber of Commezce
on Noveaber 13, 1979, and subsequentlY forwa.ried to your office.
Said resolution, signed by our President (Anthony mchar, Sr.)
and by our Secretary (Elinor French) provided for our relinquish-
ing 50' of the property recently leased to us by Monroe County. in
order that City Electric Coapany u.y have ingress and egress to a
plot being planned. for installation of generators at the rear of
our grounds.
In error, no copy was kept of this ducUllent, and it now appears
desirable that one be MIle available for our files. we shall be .oat
grateful for this favor.
\ ^ I Respectf
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~~t Teskey, Offioe .
LOWER KEYS CHAMBER OF COMMERCE
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RESOLUTION TO THE BOARD OF COUNTY
COW~ISSIONERS OF MONROE COUNTY, FLORI~
WHEREAS the Lower Keys Chamber of Commerce by and
through its Board of Directors desires that the City Electric
System of Key West relocates its electrical generating plant
from Cudjoe Key to a suitable site on Big Pine Key to better
serve the residents of the Lower Keys, and
WHEREAS the City Electric System has previously
yurchased property on County Road, Big Pine Key for such
relocation, and
WHEREAS the Lower Keys Chamber of Commerce believes that
the County Road site is objectionable since it would create
a nuisance to surrounding residences, and
WHEREAS Mr. Frank C. Lawson, President of Pinewood
Memorial Cemetery, Inc., has offered to donate a suitable
site for the City Electric System generator, and
WHEREAS the site to be donated is situated behind that
parcel of land leased by the County of Monroe to the Lower Keys
'~~~:-';'-""""'^'Chamber of Commerce, and
WHEREAS there is presently no usable means of ingress or
egress to the site proposed to be donated by Mr. Lawson, and
WHEREAS Mr. Lawson has made his proposed offer of the site
contingent upon the Lower Keys Chamber of Commerce releasing
a portion of its leased property for the purpose of providing
a means of access to the proposed generating site, and
WHEREAS the Lower Keys Chamber of Commerce, by and
through its Board of Directors, believes that it is the
public interest to provide access to the proposed site for
the generators in order to make the site usable and thereby
provide a source of additional electrical power for the lower
Keys, and now
THEREFORE, Be It Resolved that the Lower Keys Chamber
of Commerce hereby releases to the Board of County Commissioners
of I'Ilonroe County the Western-most strip of land fronting on
u.s. Highway 1 and measuring fifty feet wide and running the
full length of the Chamber's property line to a depth of
approximately two hundred seven feet, providing, however, that
the following terms and conditions are met:
1. That Mr. Frank C. Lawson transfer to Monroe County
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a portion of land, approximately ~ X 150,
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to the rear of the Chamber property comparable in
area to that area being released by the Chamber.
Such parcel of land is to be contiguous to the
Chamber property and must be leased to the Chamber
by Monroe County after the county has acquired title
from Mr. Lawson.
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2. That a paved public roadway be built and properly
maintained on the fifty foot wide strip of land
released by the Chamber.
3. That the City Electric System of Key West, actually
does use the proposed site for the installation of
an electrical generating system.
4. That Mr. Frank C. Lawson reimburse the Big Pine
Chamber of Commerce in the amount of Eight Hundred
dollars ($800.00) for monies expended by the
Chamber in clearing the subject ,property.
That Mr. Frank C. Lawson pay all attorneys fees
connected with the transfer and hold harmless
the Chamber from such costs.
5.
",
Adopted by the Board
Chamber of Commerce this'
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of Directors of the Lower Keys
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, A.D.,
By:
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LOt-fER KEYS CHAliffiER OF COMMERCE
SpQcial Meeting, Board of Directors
October 25, 1979
Present when the meeting was called to order at 8 :20 P.11. were Board Hem-
bers Aud, Baltuff, Cavenaugh, French, Murray, Ulchar and Weiss; also present
were Cha~ber members and guests Bill Becker, Richard Kump, Harie Landry, Mrs. E.
MacFarland, Mr. S. Wood, Mr. and Mrs. Ken Westenhaver~ Dan Wood, Margaret Teskey.
~inutes of the two previous meetings (Sept. 13, Oct. 11) were heard and
approved following minor corrections. No treasurer's report was heard.
. ~ ~ .,,,,<..It:oo.,, ~
President Ulchar then announced that the special meeting had been called
for the purpose of reviewing the opinion of business members of the Chamber on
the long-standing matter of relinquishing 50' of leased Chamber property so that
City Electric Co. may construct a roadway pil?oviding public access to property being
considered for installation of generators, badly needed by the Lower Keys. ~Tine-
teen ballot-type replies had been received and President Ulchar reviewed them
,. all, together with the names of those submitting the vote; all were in favor of
relinquishing the property in the public interest. President Ulchar presented
the ballots for inspection of all present; informal comment left no doubt that
the majority on hand supported the polled opinion.
He then read a resolution drafted for the Cha~ber by Atty. Jerry Shipley;
it provided that relinquishment of the property be contingent upon the Chamber
being repaid the $800 expended for having the holes filled and the road roughed
out, and that a parcel measuring 90' x 150' be added across the back of the pres-
ent plot in return for the land being given up. (ThiS last provision negotiated
by French Realty with Frank Lawson, President of Memorial Garden cemetery.)
Baltuff: "I move that we approve the resolution as read, less inclusion of
Articl~s 4 and 5 (i.e., those provisions under which the Chamber will relinquish
the roadway). tIo second was made to this motion and President Ulchar declared it
dead for want of a second. Weiss: "I move that the resolution by Atty. Shipley
be aclopj:ed as read." Secourlcd, Cavenaugh. A show of hands vote revealed three
for (Aud, French, Baltuff), tbJ:t::t; n.gainst (Cavenaugh, r.1urray, Weiss). Noting
th".t a tie vote existed, President Ulchl'lr C'J(l:~:l'l::i~ed h;~ prerogative of breaking
the tle by casting a vote for the resolution.... this in view of the minutes of the
S8~)t. 13th and Oct. 11th meetings, P1.us the 19 letters at hand from business mem-
be!"s expressing approval, plus not losing Cudjoe KeY'o geucl.'tl.Lt>l.'l;j as per the pledge
of Hr. Pedrone of CES but of gaining two more for the area. The resolution was
then signed by him as president and by Elinor French, secretary, and will be laid
nefo.L'e t,hg C01lnt.y CommtRsions at the November 6th meeting in Key West.
He further remarked, '~emember, you have already approved giving away that
roadway; it's in the minutes of September 13th, motion made by Dr. Troxel, sec-
onded by Weiss and passedJ those minutes approved at the meeting of October 11th."
Westenhaver: "Also remember that the County owns this building and can take it
away any time it wants to." Heiss: ''But we fought for this added lar.d. I don't
think City Electric tried to find a better place for their generators; they're
dragging their feet, don't know how to handle their problems. This cemetery owner
sees a way to make a fast buck, and we're helping him do it. I understand the
reluctance to put the generators on Sands Road, that was a mistake." Nurray~' I
don't blame the people living back on SRnds, but you can't trust City Electric;
in three or four years we'll be going through all this again. And yes, the man
owning the property back of the Chamber is behind this."
"
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Declaring the issue settled, President Ulchar reminded his associates that
he ~ad appointed a no~inating committee and that candidates must be selected,
ballots marked and returned on or before December 1st. He ap:!?ointed as a comm-
ittee to count ballots on December 2nd Irving Baltuff, Robert Fortin, Marie
Landry, Edward Murray, Kenneth Westenhaver; all aceepted.
Speaking for the ~1osquito Control Board of which he is a member, Hr.
Ulchar st~ted that the public mix had finally been approved, by local and state
offi~ialG. Two gallons per month for use in lawnmowers, fogging devices, etc.
may be druwn, and must be signed for. This is strictly for home use.
At the present time, pickups may be made at mosquito control headquarters on
Stock Island, Marathon Airport and Islamorado headquarters. Jietal containers must
be used, no plastic jars or bottles will be filled. Other drop-off places of
issue of' insecticide for home use are being considered, such as Sugar Loaf and
Big Pine Key areas for storage for the insecticide, so that residents there need
not travel to Key West nor Marathon. Any business firm desiring to serve as a
, distribution point may call 872-2449, or contact Mrs. Lois Ryan, Headquarters
,- Control Director in Key West.
,.'~} . -~)
Finally, he announced that the 1980 installation dinner will be held in
Ja,nuary, and appointed Aud, Cavenaugh, French and Teskey to investigate time,
place and Itenu.
There being no further business, the meeting was adjourned at 10:00 P.M.
Respectfully submitted,
MARGARET TESKEY, Secretary pro tern
~
BOARD OF COUNTY COMMISSIONER;:,
RICHARD A. KERR, District 1
CURT BLAIR, District 2
JERRY HERNANDEZ, JR,. District 3
GEORGE E, DOLEZAL. District 4
DON SCHLOESSER, District 5
(305) 294,4641
March 10, 1980
The Honorable Ralph' W. White
Clerk~,of the Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Dear Ralph:
~
OFFICEOF:MICHAEL' H. CATl
. Legal Advisor
p,o,Box505 Whitehead 51
Key West, Florit
33040
Penny advised me that you have not talked with Bob
Feldman. I would request that you so advise Bob and suggest
to him that further information is needed.
As I recall, the Board of County Commissioners were
willing to accept the deed, the Chamber has executed a
resolution endorsing concept and releasing the West fifty
(50) feet leased to them by the County.
The problem right now is, "who is going...to put roads
in at this time"? If City Electric.is not, then there is
Lawson; as I do not recall that the County agreed to do it.
If I can be of further assistance, please advise.
Sincerely,
? /
MICHAEL H. CATES
Legal Advisor
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- BO,il,RD OF COUNTY COMMISSION' -,
RICHARD A. KERR, District 1
CURT BLAIR, District 2
JERRY HERNANDEZ, JR" District 3
GEORGE E, DOLEZAL, District 4
DON SCHLOESSER, District 5
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(305) 294,4641
April 2, 1980
An thony Ulchar, Sr'., Pres iden t
Lower Keys Chamber of Commerce
P. O. Drawer--51l '
Big Pine Key, 'Florida 33043
Dear Mr. Ulchar:
OFFICE OF: HI CHAEL H. CA Ii
Legal Advisor
P.O, BOX 505 Whitehead St.
Key West, Florid"
33040
Enclosed please find the original and two (2) copies
of Amendment to Lease providing for the release and return
to the County of the westernmost strip of land fronting on
U.S. Highway #1 measuring fifty (S{)) feet wide and running
the full length of the Chambers property to a d~pth of
207.64 feet in order to provide the City Electric System
with the requested access to their new generator site on
Big Pine Key. I would appreciate your having same executed
by the proper officials and returning same to my office for
execution by the County.
Thanking you for your cooperation in this matter, I am,
Sincerely,
, ,~ /-,J ~ //! //
/0~l'/-;/0-(!h~)
MICHAEL H. CATES
County Attorney
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Enclosure