Commission votes to terminate 2020 lease for Avenue D property after debate over written notice

The Fort Pierce City Commission voted May 20 to terminate the October 27, 2020 lease and improvement agreement for 1134 and 1138 Avenue D with Lakeland Park Young Professionals, invoking the contract’s default/abandonment provision (section 16a).

Commissioner Gaines had pulled the item from the consent agenda, saying she had voted against the same measure at the FPRA board because she had not seen written documentation of the other party’s desire to terminate. Commissioners discussed whether termination should proceed under the 10‑day cure/default provision or the general 120‑day termination clause. The city attorney advised there are two contract paths: default remediation (section 16a) and a 120‑day no‑cause termination; staff said communications with the organization had occurred and that a mutual release was being negotiated.

After discussion, a motion to terminate under the contract’s default provisions carried on roll call with a recorded tally of three yes votes and one no (Commissioner Gaines recorded a No on the record). The commission asked staff to pursue a mutual release to ‘‘clean up’’ the paperwork. The clerk recorded the roll call and the item moved off the consent agenda following the vote.

The action was procedural: staff and the redevelopment authority previously had taken similar steps and the city attorney said mutual‑release paperwork was appropriate to finalize the agreement’s end. Commissioners who voted yes said termination was appropriate given staff’s presentation that the lessee had abandoned its obligations; Commissioner Gaines reiterated her concern about the lack of a written termination request at the earlier board meeting.