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County workshop reviews five-year lease extension and construction terms for Captain’s Barbecue at Bing’s Landing
Summary
At a March 16 Flagler County workshop, commissioners reviewed a proposed second amendment to the Captain’s Barbecue lease that would extend the current lease to 2031 while the tenant constructs a new roughly 4,600-square-foot building; the board signaled support for requiring a construction performance bond and milestone reporting before final approval.
The Flagler County Board of County Commissioners discussed a draft second amendment to the Captain’s Barbecue lease at Bing’s Landing during a March 16 workshop. County staff said the amendment would extend the current lease by five years, moving the expiration to 2031, while the tenant builds a new facility behind the existing building and the restaurant continues operating at its current site.
County staff summarized key terms: the new building design is “a little bit under 5,000 square feet,” roughly 4,600 square feet, to be built on a stem wall behind the original location, and the amendment includes notice-and-cure language if the county determines the tenant is not “diligently and in good faith pursuing” permitting and construction. Tenant Chris Herrera identified himself as representing Captain’s Barbecue and said he expects permitting to take about another month and a half and estimates ground work by September; he added he expects the build-out to take “within 2 years or less.”
Commissioners pressed for clarity on responsibilities and protections. One commissioner said demolition of the original building and conversion of that site to parking would be a county responsibility under the draft amendment; staff confirmed the county would coordinate demolition and budgeting. Counsel (Rodriguez) warned that the phrase “diligent pursuit” is a legal “term of art” and can be open to interpretation, but told the board staff could draft a stricter timeline if the board prefers specific dates tied to permit milestones.
On construction risk, commissioners asked whether a performance bond would be required to protect the county if construction were abandoned partway through. Rodriguez advised that because the county intends to take title to the finished building, “it would be in our best interest” to include a performance bond or equivalent condition so the county could complete the project if the contractor defaulted. Commissioners directed staff to research bond language and recommended making a performance bond a condition when the amendment returns for formal approval.
The board also asked for milestone reporting — for example, notice when permits are applied for — so staff and commissioners can track progress. The tenant said he had presented plans to staff and an architect was “moving it fairly quick,” and agreed milestone updates should be feasible.
What happens next: staff will return with draft language reflecting the board’s takeaways, including options for a stricter timeline and a possible requirement for a construction performance bond; no formal vote was taken at the workshop.
