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Fort Pierce Commission approves notice to terminate Lincoln Park Young Professionals lease after concerns over project abandonment

City Commission of Fort Pierce · June 17, 2024
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Summary

The commission voted to serve notice to terminate a 2020 lease for two city parcels in Lincoln Park, citing contract provisions and apparent project abandonment; commissioners debated whether staff should seek a general release or use contract default language and affirmed the city did not provide the funding residents alleged.

The Fort Pierce City Commission voted June 17 to serve formal notice to terminate the October 27, 2020 lease with Lincoln Park Young Professionals for city parcels at 1134 and 1138 Avenue D, citing provisions in the lease that allow termination for abandonment or under the contract's default remedies.

The action followed public comment from residents who said the project had stalled and raised questions about who should receive termination notices and where funds raised for the project went. Rick Reed, a resident who said he reviewed Sunbiz filings, told the commission the lease notices were being addressed to people no longer listed with the LLC and pressed officials for an accounting: “They haven't filed with the Department of Agriculture to solicit funds. There's been, I've tracked now over half million dollars. Where's the money?”

Commission debate focused on whether the city should pursue termination through the contract's abandonment/default language or use a separate paragraph that allows either party to terminate for any reason with 120 days' notice. Commissioner Gaines reiterated a history of voting no on earlier related motions and asked that his position be recorded; he said he was uncomfortable with proceeding without evidence that the tenant truly abandoned the project. City staff and other commissioners said the lease contains a paragraph allowing termination for any reason with 120 days' notice, and the city attorney noted that remedy remained available as an alternative to proving abandonment.

Commissioner C. Johnson and others said they favored moving to sever the current agreement to allow redevelopment of the site. One commissioner suggested a general release between the parties to avoid a contested abandonment claim; another warned that using abandonment language could invite litigation. The council recorded a roll‑call vote that approved the staff recommendation; Commissioner Gaines voted no.

City staff and at least one commissioner pushed back on media reports and public perception that the city invested municipal funds into the project. “The funding that was provided to this entity was from outside public companies or charitable donate organizations … That does not involve the city of Fort Pierce,” one commissioner said, asking that the record be set straight.

The notice to terminate is a procedural step under the lease; staff said termination processes or alternate termination-for-any-reason provisions would be followed consistent with the contract. The commission moved on to other public hearings after the vote.

The commission did not at this meeting detail any follow-up accounting of private funds residents referenced. Residents asked for clarification; staff reiterated the city’s legal options under the lease and said it would proceed under the contract and related rules.

The commission approved the notice to terminate at the June 17 meeting; next steps will depend on whether the parties seek a general release or the city exercises termination provisions spelled out in the lease.