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Discussion Regarding Existing Lease With Hernando Beach Marine Group, Inc., for Property Located at 4340 Calienta Street
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BRIEF OVERVIEW
Currently, Hernando County has a lease agreement with Hernando Beach Marine Group, Inc., for property located at 4340 Calienta Street in Hernando Beach.
Staff is requesting discussion to be held with the Board for direction regarding the current lease between Hernando County and Hernando Beach Marine Group Inc. Staff is further requesting direction regarding curing the breach of the current lease agreement, settlement of the current breach of the lease agreement, or renegotiation of the current lease agreement’s terms. The Hernando Beach Marine Group, Inc., has proposed a settlement of the issues related to the current lease agreement.
As of March 17, 2022, the date of the initial notice to cure breach of the lease agreement, the Hernando Beach Marine Group, Inc., owed a total (including interest at the maximum legal rate) of $48,532.77 for the past due profits of the cell phone antennae subleases on the communications tower on the property.
Since March 17, 2022, the Hernando Beach Marine Group, Inc., owes an additional (including interest at the maximum legal rate) $4,566.56. As of September 13, 2022, the total amount owed by the Hernando Beach Marine Group, Inc., for the past due communication tower profits is $53,099.33.
Additionally, the Hernando Beach Marine Group, Inc., owes $6,067.65 in back taxes, but has paid that amount directly to the Hernando County Tax Collector.
In general, there are three potential options to resolve the Hernando Beach Marine Group, Inc.’s breach of the current lease:
1. If the Hernando Beach Marine Group, Inc., does not cure the default of the lease agreement by paying the full amount owed, $53,099.33 by September 31, 2022, then Hernando County can move forward with a lawsuit to evict the Hernando Beach Marine Group, Inc., from the leased property for this breach.
2. If the Hernando Beach Marine Group, Inc., does cure the default by paying the full amount owed by September 31, 2022, then the lease will continue until its natural expiration in 2030 pursuant to the provisions of the 1982 base lease agreement.
3. The Hernando Beach Marine Group, Inc., proposed a settlement of the current breach of the lease agreement, which is outlined in detail in the e-mail from their attorney sent on August 12, 2022.
FINANCIAL IMPACT
To be determined.
LEGAL NOTE
The Board is authorized to act on this matter pursuant to Chapter 125, Florida Statutes. Any renegotiation of the lease agreement’s terms would require that the leased property be first declared as surplus property pursuant to Chapter 2, Article VII, Division 2 of the Hernando County Code of Ordinances.
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RECOMMENDATION
It is recommended that the Board provide direction on resolution of the Hernando Beach Marine Group, Inc.’s current breach of lease agreement.