Bradenton Beach city commissioners Oct. 6 agreed to a settlement to close the case of Bradenton Beach Marina v. Bradenton Beach.
Attorney Fred Moore, who represented the city in the lawsuit filed in November 2015 against Bradenton Beach over alleged missteps in the Anna Maria Oyster Bar lease negotiations, approached city commissioners at their Oct. 6 meeting. He recommended commissioners agree to the terms.
Here are the terms: If the city pays $15,000 in attorney fees, Bazzy Marine Corp., d/b/a Bradenton Beach Marina and Allan and Mike Bazzy will drop the suit alleging city officials violated Florida’s Government-in-the-Sunshine Law.
The plaintiff agreed to the terms and signed the settlement document.
Moore said agreeing to the settlement is less costly than continuing with litigation.
Commissioner Jan Vosburgh asked if the plaintiff could sue the city a second time.
Moore answered that the plaintiff’s attorney, Nelon Kirkland, would agree to dismiss the case for all parties.
“This will be a done deal when the document is signed and payment is made,” he said.
The lawsuit seeks attorneys’ fees and to void the AMOB lease, claiming the city held illegally closed meetings to add two city-owned upland buildings into ongoing negotiations for the restaurant.
“Our goal with the lawsuit was to get the mooring field issues shored up — to serve the boaters,” Michael Bazzy said, adding he was among four qualified bidders for the restaurant — and the only bidder for the two upland buildings.
However, then-Mayor Jack Clarke and city attorney Ricinda Perry held meetings with AMOB principal owner John Horne to set the terms of the lease for the restaurant and the two accessory buildings.
The city had previously said it would put out a request for proposal for the accessory buildings.
The Bazzys original proposal for the lease included operating the restaurant and managing the anchorage area, but the city did not negotiate their offer.
In December 2015, AMOB subleased one building to two businesses, A Room with a Hue and Tide and Moon Jewelry, and the second unit to Paradise Boat Tours.
With the proposed settlement agreement, the city would admit no wrongdoing.
Commissioner Jake Spooner motioned for the city to accept the settlement. The motion was seconded by Vice Mayor Ed Straight and passed 4-1, with Vosburgh dissenting.
“I think we’ve all learned an important lesson from this decision,” said Bradenton Beach Mayor Bill Shearon. “We must be more cautious in how we conduct business.”