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Date of Issue: March 17, 2005

Commission declares Tidemark lease in default

Holmes Beach city commissioners agreed at their July 27 meeting to spend $106,488 to repair the seawall and sidewalk along the Tidemark boat basin along Marina Drive. But they wouldn't mind getting Tidemark to help out with the cost, since that development project has a 10-year lease on the basin that expires in 2006.

The problem is, Tidemark Partners LLC is currently in federal bankruptcy court looking to reorganize with a financial savior such as Southstar Development Partners of Coral Gables. The bankruptcy hearing is not likely to be resolved in time to help with the cost of repairs.

But precisely because Tidemark is in bankruptcy, said City Attorney Patricia Petruff, the city can declare the current lease in default and negotiate a new lease with the company that takes over Tidemark. In those negotiations, the city could ask for some financial help with the repairs.

Great idea, suggested Commissioner Roger Lutz, and commissioners voted unanimously to declare the lease in default.