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Council extends approval period for Fort Myers Yacht Basin project amid Army Corps delays
Summary
Council approved a one-year extension of the approval period for the Fort Myers Yacht Basin ground lease with Fort Myers SMI LLC/Suntex, citing delays in Army Corps permitting; Suntex representatives emphasized federal permitting complexities and pledged to honor minimum contract deliverables while council sought assurance about bond repayment timing.
The Fort Myers City Council voted March 3 to extend by one year the approval period in the ground lease with Fort Myers SMI LLC (Suntex) for renovation of the Fort Myers Yacht Basin, moving the approval deadline to April 1, 2026.
Assistant City Manager John Leggett introduced the extension request, saying the developer had submitted permits to state and federal agencies and would not meet the current April 1, 2025 approval deadline because of Army Corps of Engineers delays. Representatives for Suntex described the Army Corps process as the principal cause of the schedule slip and described numerous technical issues that require time to resolve.
Suntex attorney Sawyer Smith and Suntex principal Eric Matz told council they have engaged Congressional and Senate staff to urge action by the Army Corps and detailed elements that complicate the permit pathway: marina expansion does not qualify for certain post-storm "like-for-like" exemptions, submerged infrastructure and the need to reconcile staged dredging and breakwater design. Suntex emphasized plans for a long waterfront promenade, elevated seawall, and a minimum of 350 wet slips as contract deliverables.
Council members pressed Suntex about timing and fiscal obligations. One councilmember noted the city's outstanding debt service on a bond tied to the yacht basin and expressed the desire that Suntex accelerate bond repayment; Suntex representatives said they will repay the bond at commencement (the contract defines commencement as operational occupancy) and that they are committed to the contract terms but asked the city to recognize that federal permitting is outside Suntex's control.
After debate over possible compensation for extended timelines and assurances about deposits and bond repayment, council moved and approved the one-year extension. The motion passed by roll call with a majority of affirmative votes and at least one recorded "No."
