Miscellaneous
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CUNNINGHAM, MILLER, HEFFERNAN,
HAMILTON & WOLFE, LLP
2975 OVERSEAS HIGHWAY
POST OmcE Box 500938
MARAlHON, FLORIDA 3305CHJ938
RALPH E, CUNNINGHAM, ..JR" RETIRED
LAWRENCE E. ALBRITTON, RETIRED
ROBERT K, MILLER*
WILLIAM ..J, HEFFERNAN, ..JR.
SHARON I, HAMILTON
..JOHN ..J, WOLFE * *
HALFORD G, SCHUHMACHER***
EUGENE G, KYLE, III
RICHARD A, MAlAFY
TElEPHONE: (305) 743-9427
FAX: (305) 743-8800
REAL EsTATE FAX: (305) 743-7489
www.cunninglaw.com
*AL..soAoMITTED IN NEWYORK
* * ALso ADMliTED IN TEXAS
* * * ALSO ADMliTED IN MICHIGAN
March 13, 2000
Theresa Cook, Airport Manager
9400 Overseas Highway
Marathon, FL 33050
Re: Our Client: Kentil Foods, Inc., d/b/a Aviators Restaurant & Lounge
Dear Ms. Cook:
As you know our client has a long term lease with the county relative to the
operation of a restaurant/snack bar and lounge at the Marathon Airport. Pursuant to
paragraph 24 of the lease we are addressing this correspondence to you by certified mail.
First, as we discussed on the telephone on Friday, please cease and desist with any
further public comments regarding the operations of our client's business. In the Key West
Citizen on Friday and the Miami Herald on Saturday you are quoted as stating that "the
snack bar, which has been struggling, will probably also close". This kind of negative
comment directly impacts the business operations of our client and the potential sale of the
business. Not only is it normally difficult to find good responsible help, with your public
comments it makes it impossible to hire people who understandably do not want to work
for a business that is going to close.
It is my understanding that in December 1999, both you and Peter Horton were at
a meeting with the principles of our client corporation. At this meeting our client was
encouraged to sell their leasehold, subject to county commission approval. As a direct
result and in reliance on the representations made at this meeting, our client listed the
business for sale with Caldwell Banker Schmitt Realty.
Page two
March 13,2000
Theresa Cook, Airport Manager
Subsequent to the listing of the property you made an offer to purchase the
leasehold back for the asking price. However, this offer was not followed through with a
formal contractual offer. On Thursday last week, our client had another interested
purchaser, who understandably became less than interested after the newspaper article
and quote of the business closing.
In any event the dual purpose of this letter is to demand that no further negative
public comments be made about our client's business and to demand a position from you
and/or the county commission regarding the leasehold and a buyout.
Our client fully intends on continuing to run the business unless or until it is sold.
This intention relates to expansion of the current business within the square footage area
of the leasehold terms. The lease comprises the area in the lobby where there is
encroaching airport furniture which my client has asked be moved to enable further client
service. This lease area also comprises an upstairs portion which my client is looking into
setting up a full lounge. Unfortunately, it is my understanding that you or your personnel
have been showing this upstairs leasehold to other prospective persons to wit: Nora
Williams. This is not acceptable. If you are aware that the county wishes to buyout the
interest of our client, then let us begin the negotiations. If not, please cease and desist
from making it difficult if not impossible for our client to comply with the leasehold
provisions and make a go of the business.
I thank you for your time and attention to this matter and look forward to working out
a reasonable solution these issues.
cc: Kentil Foods Inc.
Peter Horton
Board of County Commissioners