Sometimes there are similarities for a courtroom and a stage.
Lawyers will argue whether language in a city lease gave Bradenton Beach the right to negotiate control of two pier retail units with restaurateur John Horne. But the drama began more than seven months ago with a dispute over who should write the lease.
Allan and Michael Bazzy — owners of Bradenton Beach Marina, 402 Church Ave., Bradenton Beach — filed a lawsuit Nov. 20 against the city of Bradenton Beach, the business entity of pier tenant John Horne, and the business affiliated with prospective sub-tenant Sherman Baldwin and two “unknown sub-tenants.” Those tenants were later identified as Laura Shely and Ann Marie Nicholas.
The Bazzys want a judge to halt the leases for the two retail units that Horne controls on the pier. Baldwin’s recreation concierge service is one tenant, while Shely’s Tide & Moon Jewelry and Nicholas’ A Room with a Hue are planned to share the other unit.
Bazzy claims the city promised to put the two units out for bid.
When city attorney Ricinda Perry asked commissioners April 21 to let her write the request for proposal and lease for the successor to Cast-n-Cage Restaurant — evicted May 7 from the pier after a court hearing — she identified about 20 problem areas in the proposed pier lease. It was a lease that Mayor Bill Shearon and Police Chief Sam Speciale, the pier team facilitator, had adapted from Manatee County’s concessionaire lease.
“The intent was to not reinvent the wheel to come up with a better lease” because the former Cast-n-Cage lease — prepared by Perry — was challenged in court, Shearon said Nov. 24. He added that there also had been objections to the lease terms with Rotten Ralph’s restaurant, the predecessor to Cast-n-Cage on the pier.
“I just thought the county’s (lease) was cleaner, easier,” Shearon said after comparing it to the Cast-n-Cage lease. “It probably had been through six attorneys and the county was really happy with it.”
But the commission sided with Perry April 21 and the adapted county lease was discarded. Perry was assigned to write a new RFP and lease.
Shearon reiterated his objection to having Perry write the RFP and lease at a May 12 workshop, before he was recalled from office May 19.
While Bazzy wants the retail units to be opened for bid, Perry told commissioners Nov. 19 the RFP states that the city has the right to negotiate with whomever it awards the lease “for whatever might be in the best interest of the city.”
Shearon said Nov. 24 he had read the lawsuit but was waiting to hear from the city-appointed attorney Fred Moore before commenting.
One unforeseen consequence of the lawsuit: If the suit goes to court, former Mayor Jack Clarke may be called to testify to his negotiations with Horne on the lease.
There also is a related complaint to the Florida Commission on Ethics by Barbara Schelin of Bradenton, made Sept. 14 against Clarke and Perry alleging they conducted secret lease negotiations with Horne in violation of Florida’s Government-in-the-Sunshine laws. That case is pending.
Contacted Nov. 24, Michael Bazzy said he had no plans to get involved in the ethics complaint against Clarke and Perry but has not ruled that out. “I have my hands full with what I’m doing now,” Bazzy said, adding that the decision to sue the city without naming Clarke was made by his attorney.